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Request to Rezone_1072 Locust Street (Shalabi/Muench)Page 1 of 1 Kevin Firnstahl - 1072 Locust -- withdraw re- zoning application From: Leslie Shalabi <lshalabi @pltnm.com> To: "kfirnsta @cityofdubuque.org" <kfirnsta @cityofdubuque.org> Date: 9/16/2013 10:43 AM Subject: 1072 Locust -- withdraw re- zoning application CC: "kkritz @cityofdubuque.org" <kkritz @cityofdubuque.org >, Mike Muench <mmue... Dear Mr. Firnstahl, My partner Mike Muench and I would like to withdraw our application for re- zoning of the property at 1072 Locust Street, as we have withdrawn our offer to purchase the property. Please let know if you have any questions. Thank you. Leslie Leslie Shalabi Media Director 563.557.2504 ext. 6855 lshalabi @pltnm.com V/PI A TINUl1� 6UPPLfiMENTAL INSURANCE SUPPLEMENTAL INSURANCE The Platinum Building 1 137 Main I Dubuque, Iowa 52001 563.557.2504 1 866.225.0727 1 fax 563.557.9180 in UM This e -mail (including any attachments) is covered by the Electronic Communications Privacy Act, 18. U.S.C. Sec. 2510 -2521, is private and may contain Protected Health Information. This e -mail is intended only for the addressee named above. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. Please call us immediately at 1- 563 -557 -2504 or 1- 800 - 765 -1454 and ask to speak to the sender or reply to the sender that you have received this message in error, and then delete it and any and all copies of it. Thank you. file : / / /C:/Users/kfirnsta/AppData /Local /Temp/XPgrpwise /523 6E0C2DBQ_... 9/16/2013 Planning Services Department City Hall 50 West 13th Street Dubuque, IA 52001 -4864 (563) 589 -4210 phone (563) 589 -4221 fax (563) 690 -6678 TDD planning@cityofdubuque.org Leslie Shalabi /Mike Muench 323 Jones St. Dubuque IA 52001 Dubuque AIFAmericaCity 'liii, v..' • 337} - 3+.ti15 RE: City Council Public Hearing — Rezoning Request THE CITY OF DUB Masterpiece on the Mississippi September 5, 2013 Dear Applicant: The City Council will consider your request to rezone property located at 1072 Locust Street at a public hearing on Monday, September 16, 2013. Please attend this meeting, or send a representative to the meeting in your place to present your request and answer questions. City Council meetings begin at 6:30 p.m. in the City Council Chamber, 2nd Floor, Historic Federal Building (Post Office), 350 W. 6th Street, Dubuque, Iowa. The Zoning Advisory Commission recommended approval of your request with conditions. If you don't agree with the conditions, please be prepared to discuss your reasons at the public hearing. If you agree to the conditions placed on your rezoning request as described in the enclosed ordinance, please have the property owner sign and date the enclosed acceptance form in the presence of a notary. Please return the signed acceptance form to City Clerk Kevin Firnstahl, City Hall, 50 W. 13th Street, by 12:00 p.m. on Monday, September 16, 2013. Please contact the Planning Services Department at (563) 589 -4210 if you need more information or have any questions. Sincerely, Kyle L. Kritz Associate Planner Enclosures cc: /Kevin Firnstahl, City Clerk Service People Integrity Responsibility Innovation Teamwork Page 1 of 1 Kevin Firnstahl - "Contact Us" inquiry from City of Dubuque website From: To: Date: Subject: Attachments: "Citizen Support Center" <dubuqueia @mycusthelp.com> <kfirnsta @cityofdubuque.org> 9/16/2013 11:26 AM "Contact Us" inquiry from City of Dubuque website Counci11072.doc Contact Us Name: J. Thomas Zaber Phone: 563 -599 -4099 Email: zabes @q.com City Department: City Council Message: Please reference the attachments for your consideration at today's council meeting. Pm sorry that because of my disability I cannot aqttend. Our neighbors in this 1000 block of Locust are vary protective of its historic status and are very concerned about commercial creep into the area. You will also receive our concerns from the zoning meeting. Thank you J. Thomas Zaber file: / / /C:/ Users /kfirnsta/AppData/Local /Temp/XPgrpwise /523 6EAF 5DBQ_... 9/16/2013 (Prepared for City Council Meeting, September 16, 2013) Response to Zoning Proposal 1072 Locust St. The assertion at the last zoning meeting regarding the re- zoning of this property was that because of the cost involved, ($300,000 plus) that rehab of this historic structure would not be feasible without the C -4 designation. We contend that rehab of the historic portion of this structure would not come anywhere close to that amount of money. The addition which was added to the historic part of this property in 1949 is in much poorer condition than the older building at this address and should be razed. The addition was poorly conceived and executed in 1949. This is visually evident by the unmatched brick on its fascia aand its steel awning. but even more so by the failures found in the basic structure of the addition such as the plate glass window that has failed from the settling of the foundation of this addition. In the addition, the floor is heaving and there are separations from the parent structure that one can insert a hand into. On top of this, the grade is such that ADA compliance for the commercial zoning would be extremely difficult at best. We contend that there are only two reasons that the C -4 status is being sought for this project. First, because it is easier to get grants and loans for minorities that seek commercial development, and because it is the commercial result that is the real intent for the rezoning of this parcel. The restoration of the actual historic structure is a secondary intent. Another concern is the underground oil barrel that is buried below the addition. The failure of the foundation in the addition may very well be from the failure of this underground tank. As neighbors, we are very concerned that, being downgrade from this tank, we are at risk of contamination flowing our direction. Green space on the south side of the historic building is its best use. That intent of this C -4 request runs counter to everything that we have been trying to accomplish in bringing this neighborhood to its present position over the last thirty plus years. We have spent well in excess of their budget for this project on our properties over the years. C -4 has no parking regulations which cause it to impair residential parking in the area. We feel that the request for C -4 will only continue until the addition is razed and a new addition is built and operating. We envision that the owners will then seek separation of the two structures to, in effect, lower the taxes on the historic residence. Granted, the residence does need work. However, is it really necessary to again attach it to a non - compatible use facility when the neighborhood could really use some additional green space? That seed has already been planted next door at the rear of the church where there is a small space for Neighbors to read and get some fresh air or eat lunch etc.. We ask that the city council preserve our thirty year investment in our historic neighborhood by denying the request to allow C -4 zoning to creep into this historically significant little space right up the street from downtown Dubuque. Respectfully, J. Thomas Zaber Gary Kluesner Page 1 of 1 Kevin Firnstahl - "Contact Us" inquiry from City of Dubuque website From: To: Date: Subject: Attachments: "Citizen Support Center" <dubuqueia @mycusthelp.com> <kfirnsta@cityofdubuque.org> 9/16/2013 11:29 AM "Contact Us" inquiry from City of Dubuque website HistoricCfour.doc Contact Us Name: J. Thomas Zaber Phone: 563 -599 -4099 Email: zabes @q.com City Department: City Council Message: This is our presentation from the P &Z commitee meeting. They recommended approval with linitations on the various business types. Our concern is as stated in both of our letters. Thank you, J. thomas Zaber & Gary Kluesner file : / / /C:/ Users / kfirnsta /AppData/Local /Temp/XPgrpwise /523 6EBAADBQ... 9/16/2013 (Presented at Planning and Zoning) Commercial Creep In Downtown Dubuque We, the undersigned, represent the majority (over 75 %) of the office residential zoned space on the ten hundred block of Locust Street downtown. Almost twenty -eight years ago this day, a city truck pulled up in front of my building and three city employees planted a sign outside of my office, which proclaimed, "Now entering the Jackson Restoration District ". Bill Goetz (who was well over age 70 at that time) and Gary Kluesner were working on re- furbishing and re- tucking the row house to my north which they owned. I was well into a Historically Certified Restoration of the interior of my building on the corner of tenth and Locust Sts. As they pulled up to plant this sign, I saw Harold Straub across the street come to his window and watch. Sadly, Harold because of his health, is not here this evening. He is not now able to voice his feelings concerning the property which he tended to over the years since 1975 when the original OR usage was allowed at 1072. Harold operated his business in a non - conforming use, but NEVER in a non - conforming manner. Virtually all of his plumbing activity was conducted from the rear alley of the facility. Seldom were there plumbing trucks seen on the Locust street side. Virtually all of the Locust side traffic was potential customers for new jobs or service on existing installations. Street parking usage during his tenure was minimal. Let's look at how this block thrived over the years. This block is the library, the church, Harold, Gary Kluesner, and myself. In the eighties to the late nineties it thrived under the umbrella of the OR designation. The early 80's saw the church enhance the neighborhood ambiance by improving their green space in the rear and installing reproduction lighting on which they displayed seasonally colorful banners. Toward the end of the nineties, American Trust in the 900 block restructured their drive -up facility. Part of that project involved the utilities being relocated between their property and the old Christian Science Church. Contemporaneously, but not part of that project according to the city, was the restructuring of the utility feeds into the Historic District. Fiber optic cables were pushed underground to the rear of the Library and the addition of an another utility pole on 10th street with corresponding support and gye wires was added. Harold's business was slowing during this era as he had reached retirement age, but still, he was at his shop every day to visit with anyone who came through the front door. The church over these years had maintained space in Harold's place as a youth center. We would enjoy seeing the activity during the week and on Sunday mornings, with the parents entering church and the kids running down to Harold's place, then later returning to church to meet their parents. After church, they would hold social activities in the park space at the rear. With the library, the church and our facilities, there was an aire of a small community. John Gronen started refurbishing some of the buildings rearing on Harold and the church, Walking street traffic increased to and from downtown to the Library and residential points north on Locust and increased again when IBM came to Dubuque. The last few years have been more difficult for Mr. Straub as his health has declined. They church no longer leases space from Harold, some tenants have not taken very good care of the interior of the property and the outside stairway. And, Harold has not been able to tend to the maintenance of the property to suit tenant habitation. That gives a brief picture of the activity history of the neighborhood in the years of "75" through "97 ". The millennium brought some more, not very cherished encroachments to the street e.g. as aluminum signage which proclaims the essence of where things are in the area. These signs offer a disturbing contrast to other historically postings. They are modern chrome, or stainless steel pillars depicting the worst of what would be found in a historic district. They clash miserably with the antique street lighting that the church spent good money installing and they simply do not fit the ambiance of the district. However, there they stand in immediate proximity of these beautiful structures. Now, why not C -4 for this block. C -4 brings with it by definition many more people, and, more disturbing, no parking requirements. C -4 also has the expectations that residential living be at the upper levels above the ground floor. In addition, we now have a building that needs substantial refurbishing. You must, by now, sense some of our fears for this neighborhood. Keeping it zoned OR prudently, would require that parking inside at the rear of the Straub structure be continued for the residents. By the way, we would also fervently hope that when the "one way, two way" routing of traffic occurs, the City redo the NACSAR curve where tenth street meets Bluff. We would also suggest that the overhead expressway style signage be relocated to the expressway. Parking that is still represented by the city on tenth street could then again be usable and benefit the shortage in this neighborhood. Considering the condition of the facility: Aside from the falling plaster crumbling, stairways, and destroyed mechanical apparatus, structural faults have been occurring between the original structure and the attached structure(s). In addition, the floor supporting mechanicals of the addition has failures, which may indicate the possible disintegration of the in- ground oil storage barrel, which formerly fed the heating plant of the building. We know that there is one there, we do not know exactly where it is located, and our properties and the church are all down grade from it's location under that building. To prioritize, our concerns they would align as such: 1. C -4 would bring a further denigration of the districts character. 2. Parking, if their garage were allowed to be razed, is a real problem. 3. Parking, because C -4 has no restrictions would impair other residential parking 4. Integrity of the structure because of its essence to maintaining the character of the neighborhood, and, its potential for an oil impregnation of the surrounding properties. We humbly ask you to forgo the approval of a C -4 designation for this neighborhood. Commercial creep would be a severe detriment to the neighborhood's character, and if it were imposed upon us and be successful, our structures are so unique that competing with any beneficial aspects of this zoning would be most difficult and destroy what certified restorations have already been completed. We have worked and earned Historic preservation accolades for our structures and are proud to have spent many years and many thousands of dollars keeping our facilities up to a level befitting the slogan "Historic Dubuque ". We strongly urge that you not allow a C -4 designation to creep into this unique city- space. Mr. Gary Kluesner and Mr. J. Thomas Zaber Planning Services Department City Hall 50 West 1301 Street Dubuque, IA 52001 -4864 (563) 589 -4210 phone (563) 589 -4221 fax (563) 690 -6678 TDD planning@cityofdubuque.org The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 13th Street Dubuque IA 52001 Masterpiece on the Mississippi September 9, 2013 Applicant: Leslie Shalabi /Mike Muench Location: 1072 Locust Street Description: To rezone property from OR Office Residential to C -4 Downtown Commercial Dear Mayor and City Council Members: The City of Dubuque Zoning Advisory Commission has reviewed the above -cited request. The application, staff report and related materials are attached for your review. Discussion The applicant, Mike Muench, spoke in favor of the request, reviewing that he is proposing to rezone the subject property to allow for a greater number of potential uses, and that the property abuts the C -4 District fronting Main Street. Mr. Muench indicated that they plan to renovate the building with an artist studio on the main floor and two apartments above. Staff reviewed the staff report, noting surrounding zoning and land use, allowed uses in the current OR District and proposed C -4 District. Staff noted that the C -4 District does not require off - street parking. Staff also noted that the property is within a historic district and any exterior changes would need to follow established design guidelines. Tom Zaber, 3074 Kane Court, said he owns the building at 1005 Locust Street, and introduced his friend, Joseph Kluesner, 1025 Locust Street. He submitted a four -page written document entitled, "Commercial Creep in Downtown Dubuque." He reads the document, which outlined the history of the neighborhood, and detailed his concerns with transformation of the neighborhood from what he said was primarily residential to commercial uses. There were public comments regarding concerns that some of the allowed uses in C -4 could be detrimental to existing residential dwellings along the Locust street block. The speakers were concern about commercial creep in the Locust Street area. The Zoning Advisory Commission discussed the request, reviewing surrounding zoning and land use, and the list of allowed uses in the C -4 Downtown Commercial District. Service People Integrity Responsibility Innovation Teamwork The Honorable Mayor and City Council Members Page 2 The Commission discussed several uses that could have a negative impact on surrounding properties. Recommendation By a vote of 4 to 0, the Zoning Advisory Commission recommends that the City Council the request with the following condition: 1) The following uses are prohibited: a. Automated gas station b. Gas station c. Service station d. Private club e. Bar or tavern A simple majority vote is needed for the City Council to approve the request. Respectfully submitted, /uaa A. Charles Miller, Chairperson Zoning Advisory Commission Service People Integrity Responsibility Innovation s��.c., Teamwork THE CITY OF U Masterpiece on the Mississippi ['Variance ['Conditional Use Permit ❑Appeal ['Special Exception ❑Limited Setback Waiver Oftezoning/PUD/ID Dubuque I. V� 2012 PLANIMIG PG LUCCATKOO N FORM ❑Preliminary Plat DMajor Final Plat DMinor Final Plat ❑Simple Site Plan ['Minor Site Plan ❑Major Site Plan ❑Simple Subdivision ❑Text Amendment ['Temporary Use Permit ❑ Annexation ❑Historic Revolving Loan ❑ Historic Housing Grant City of Dubuque Planning Services Department Dubuque, IA 52001 -4805 Phone: 563 - 589 -4210 Fax: 563- 589 -4221 pianningCthcityofdubuque.orq ❑Certificate of Appropriateness ❑Advisory Design Review (Public Projects) ❑Certificate of Economic Non - Viability DHistoric Designation ❑Demolition in Conservation Districts ['Port of Dubuque Design Review Please t�vpe or print Iea�ibly in ink Property owner(s): veld �1'tt -t, �? Phone: .�� <• ~'• '� �• Address: City: State: Zip: Fax #: Cell #: ( � E- mail: Applicant /Agent: it e SWda 4i /A /"r ,/ eit idLcii Phone: & D2) -71 Z '° 65-5-2, Address: '32-3 Jones Slr.e-et City: DLt bin tit ��CO / State: 1A- Zip: .•' l Fax #: Cell #: E -mail: eS /ie. Ski/164%e (9 Malt • CO'N i Site location /address: /072. Ltets+" ,_c1ree Neighborhood Association: Existing zoning: 6_- Proposed zoning:. C `°i District: 3AeLIL...bewJ fPIZ- . Landmark: ❑ Yes r[ fN° 1 0 —ZLi - -o®z_. Legal Description (Sidwell parcel ID# or lot number /block number /subdivision): Total property (lot) area (square feet or acres): Ll6 S 5 Describe proposal and reason necessary (attach a letter of explanation, if needed): 1-Co 1 Z o .&g I ves[�Li) tg-el e •c 1 6r- 7140: p'o ro1✓74 CERTIFICATION: I /we, the undersigned, do hereby certify /acknowledge that: 1. It is the property owner's responsibility to locate property lines and to review the abstract for easements and restrictive covenants. 2. The information submitted herein is true and correct to the best of my /our knowledge and upon submittal becomes public record; 3. Fees are not refundable and payment does not guarantee approval; and 4. All additional required written and graphic materials are attached. erty Owner(s): Date: applicant /Agent: (--W/ I Date: 8 FOR OFFICE USE ONLY e APPLICATION SUBMITTAL CHECKLIST ui, Fee: 6 Received by: Date:, —I-13 Docket: Base Data Proviaed by Dubuque uuniy GIS THE CITY OF DUB Masterpiece on the Mississippi Dubuque 1 'I r II 2012 Vicinity Map Applicant: Leslie Shalabi /Mike Muench Location: 1072 Locust Street Description: To rezone property from OR Office Residential to C -4 Downtown Commercial Legend alZoning District Boundary 1072 Locust St Path • l \Planninn Ran,icakVirinity Mans17AC Vicinity Maps\ ?rojects11072Locust09042013.mxd REZONING STAFF REPORT Zoning Agenda: September 4, 2013 Property Address: 1072 Locust Street Property Owner: Harold H. Straub Applicant: Leslie Shalabi /Mike Muench Proposed Land Use: Residential /Commercial Proposed Zoning: C -4 Existing Land Use: Residential /Commercial Existing Zoning: OR Adjacent Land Use: Former Zoning: North — Parking /Commercial East — Commercial /Residential South — Parking lot/Church West — Institutional /Residential 1934 — Business District 1975 — OR -1 1985 —OR Adjacent Zoning: North — OR East — C -4 South — OR West — OR Total Area: 4,355 sq. ft. Property History: The property was originally subdivided c. 1890 as part of the original City Lot Subdivision and a three -story brick residence was built on this site in 1900. A single -story brick business building was built abutting the residence in 1949. The property has remained residential and commercial subsequent to the construction of the building addition. Physical Characteristics: The property is a level 4,423 square foot lot with frontage on Locust Street and abutting an alley at the rear. The parking lot for First Congregational Church is located on the north side of the subject property with the church campus and additional parking on the south side. Concurrence with Comprehensive Plan: The comprehensive Plan indicates this area should continue to be mixed use residential. Impact of Request on: Utilities: Existing utilities are adequate to serve the site as it is fully developed. Traffic Patterns /Counts: IDOT 2009 Average Daily Traffic Counts indicate 4,300 vehicle trips per day along Locust Street one block south of the subject property and 6,400 vehicle trips per day on Locust Street two blocks south of the subject property. There are 3,670 vehicle trips per day on 10th Street a half a block south of the subject property. The conversion of the building from OR to C -4 should generate little additional traffic to the adjacent streets. Rezoning Staff Report — 1072 Locust Street Page 2 Public Services: Existing public services are adequate to serve the property. Environment: Staff does not anticipate any adverse impact to the environment as the property is fully developed. Adjacent Properties: The property is bordered by the First Congregational Church parking lot and campus on either side, by an alley across from the back of commercial and residential properties along Main Street at the rear and across Locust Street from the Library and residential properties. Currently there is a legally non - conforming contractor's shop in the one story addition on the south side of the subject lot. The use of the residential structure for commercial or residential purposes and the potential for additional commercial uses in the single -story building that is currently a contractor shop should have limited impact on the adjacent properties in this mixed -use neighborhood located along a busy street. However, as the C -4 district does not require that off - street parking be provided when a use changes, there is the potential for greater demand for limited on- street parking in this neighborhood. CIP Investments: None proposed. Staff Analysis: The applicant is proposing to rezone an existing approximately 4,500 square foot lot from OR Office Residential to C -4 Downtown Commercial zoning district. The property currently accommodates a three -story historic residence and a single - story contractor shop built in 1949. The contractor's shop abuts the south and east sides of the residence. The property is bordered by church parking lot and campus on either side, an alley behind the commercial properties along Main Street, and is located across Locust Street from the Library and several residences. The applicant's intention is to allow more flexibility in re- development of the single -story commercial space that is offered by the additional uses permitted in the C -4 District. The proposed rezoning represents an expansion of the C -4 district, which abuts the rear of the property along the alley. If the rezoning is approved, the first floor residential use of the historic house will become legally non - conforming. There is currently a three car garage on the subject property that is accessed from the alley. There is no other off - street parking associated with the subject property and no ability to add parking as the lot is fully developed. Unlike the OR district, the C -4 district regulations do not require that additional parking be provided when the property is redeveloped. Metered on- street parking is available on both sides of Locust Street in front of, and across from, the subject lot. As the subject buildings have served as a three -unit residence and legally non- conforming contractor shop in the past, redevelopment of the property for C -4 uses should have limited impact on the adjacent church and library and commercial, and Rezoning Staff Report m 1072 Locust Street Page 3 residential properties as this is a mixed use neighborhood. However, redevelopment for some of the more intense C -4 commercial uses may generate additional demand for the limited on- street parking available in the neighborhood. The subject property is located in a historic district and proposed demolition or physical changes to the exterior of the buildings would have to be reviewed by the Historic Preservation Commission. Staff recommends the Commission review the criteria established in Article 9 -5 of the Unified Development Code regarding reclassification of property. Prepared by: CCOVAA-rr' Reviewed: Date: 8 •Z 7• 13 5 -7 OR Office Residential The OR District is intended to serve as a transition zone between commercial and single- and two - family residential areas permitting adaptive reuse of existing building stock, which will normally be residential in character. This OR District is not intended to have any application in undeveloped or newly developing areas of the City or on land made vacant through intentional demolition. Development standards remain flexible to allow conservation and reuse of existing buildings. This district should be located in areas abutting arterial and /or collector streets which are, because of location and trends, suitable for development of low intensity office uses, and high intensity residential uses. 5 -7.1 Principal Permitted Uses The following uses are permitted in the OR District: 1. Art gallery, museum or library 2. Artist studio 3. General office 4. Hospice 5. Housing for the elderly or persons with disabilities 6. Medical office 7. Mortuary or funeral home 8. Multi - family dwelling 9. Nursing or convalescent home 10. Parking structure 11. Place of religious exercise or religious assembly 12. Public, private, or parochial school approved by State of Iowa (K -12) 13. Railroad or public or quasi - public utility, including substation 14. School of private instruction 15. Single- or two- family dwelling unit within an existing structure only 16. Townhouse (two or more laterally attached units) 5 -7.2 Conditional Uses The following conditional uses are permitted in the OR district, subject to the provisions of Section 8 -5: 1. Licensed adult day services 2. Bed and Breakfast home 3. Bed and breakfast inn 4. Group home 5. Licensed child care center 6. Off - premises residential garage 7. Off -street parking 8. Photographic studio 9. Private club 10. Rooming or boarding house 11. Tour home 12. Tourist home 13. Wind energy conversion system 5 -7.3 Accessory Uses The following uses are permitted as accessory uses as provided in Section 3 -7: 1. Crematorium accessory to a mortuary or funeral home 2. Detached garage 3. Fence 4. Garage sale, provided that not more than three such sales shall be allowed per premises per calendar year and not more than three consecutive days per sale 5. Home -based business 6. Noncommercial garden, greenhouse or nursery 7. Off- street parking and storage of vehicles 8. Satellite receiving dish 9. Solar collector 10. Spoil, recreation, or outdoor cooking equipment 11. Storage building 12. Tennis court, swimming pool or similar permanent facility 13. Wind turbine (building - mounted). 5 -7.4 Temporary Uses Temporary uses shall be regulated in conformance with the provisions of Section 3 -19. 5 -7.5 Parking Minimum parking requirements shall be regulated in conformance with the provisions of Article 14. 5 -7.6 Signs Signs shall be regulated in conformance with the provisions of Article 15. 5 -7.7 Bulk Regulations Min ,Lot Min )_ot ' Max Lot Area Frontage Coverage;; Permitted Uses General Offices 50 20 Medical Offices 50 20 Single - Family 5,000 50 50 20 Two - Family 5,000 50 50 20 Multi- Family 1,200 /du 50 50 20 Townhouse 1,200 /du 16 /du 50 20 Nursing, Convalescent Home 10,000 100 50 20 Hospice 5,000 50 50 20 Housing, Elderly 10,000 - -- - -- --- Mortuary, Funeral Home 50 20 School, Place of Religious Exercise or Assembly 20,000 100 50 20 50 20 All other permitted use Conditional Uses Group Home 5,000 50 50 - -- 5,000 50 50 20 - --.- - -- 50 20 5,000 50 50 20 Be_d and breakfast home Bed and Breakfast Inn Rooming /Boarding House Private Club Barber, Beauty Shop Licensed Childcare Center, Licensed Adult Daycare Service 5,000 50 50 20 3 10 40 Off premise residential garage 50 20 3 10 15 Photographic Studio - -- 50 20 3 10 . 40 1 When abutting a residential district, a six foot side setback is required. 2 May be erected to a height not exceeding 75 feet, provided that such buildings shall provide at least one additional foot of yard space on all sides for each additional foot by which such building exceeds the maximum height limit of the district in which it is located. 50 20 50 20 3 10 3 10 50 3 10 50 3 10 3 10 3/0 10/0 31 10 3 10 31 10 10 31 3 10 10 40 40 40 40 40 40 40 40 40 40 752 40 3 10 40 50 3 10 40 50 3 10 40 3 10 40 3 10 40 3 10 ! 40 5 -14 C -4 Downtown Commercial The C -4 District is intended to provide locations in the downtown commercial areas of the City for a large variety of uses. The C -4 District is not intended to have any application in undeveloped or newly developing areas of the City. The regulations for this district are designed to encourage the maintenance of existing uses and the private reinvestment and redevelopment of new uses. 5 -14.1 Principal Permitted Uses The following uses are permitted in the C -4 District. 1. Agricultural supply sales 2. Animal hospital or clinic 3. Appliance sales or service 4. Art gallery, museum, or library 5. Artist studio 6. Auditorium or assembly hall 7. Automated gas station 8. Bakery (wholesale /commercial) 9. Banks, savings and loan, or credit union 10. Bar or tavern 11. Barber or beauty shop 12. Business services 13. Catalog center 14. Construction supply sales or service 15. Contractor shop or yard 16. Dental or medical lab 17. Department store 18. Furniture upholstery or repair 19. Furniture or home furnishing sales 20. Gas station 21. General office 22. Grocery store 23. Hotel 24. Housing for the elderly or persons with disabilities 25. Indoor amusement center 26. Indoor recreation facility 27. Indoor restaurant 28. Indoor theater 29. Laundry, drycleaner, or laundromat 30. Medical office 31. Mortuary or funeral home 32. Neighborhood shopping center 33. Parking structure 34. Pet daycare or grooming 35. Photographic studio 36. Place of religious exercise or assembly 37. Printing or publishing 38. Private club 39. Public, private or parochial school approved by the State of Iowa (K -12) 40. Railroad or public or quasi- public utility, including substation 41. Residential use above the first floor only 42. Retail sales or service 43. School of private instruction 44. Service station 45. Shoe repair 46. Supermarket 47. Tailor or alteration shop 48. Upholstery shop 49. Vending or game machine sales or service 50. Wholesale sales or distributor 51. Tattoo Parlor 52. Tour home 5 -14.2 Conditional Uses The following conditional uses may be permitted in the C -4 District, subject to the provisions of Section 8 -5: 1. Carwash 2. Licensed adult day services 3. Licensed child care center 4. Off - street parking 5. Restaurant, drive -in or carryout 6. Vehicle body shop 7. Vehicle sales or rental 8. Vehicle service or repair 9. Wind energy conversion system 10. Passenger transfer facility 5 -14.3 Accessory Uses The following uses are permitted as accessory uses as provided in Section 3 -7: 1. Any use customarily incidental and subordinate to the principal use it serves 2. Wind turbine (building - mounted). 3. Crematorium accessory to a mortuary or funeral home. 4. Drive -up automated bank teller. 5 -14.4 Temporary Uses Temporary uses shall be regulated in conformance with the provisions of Section 3 -19. 5 -14.5 Parking Off - street parking is not required. New surface off- street parking lots are prohibited unless approved by the City Council. Underground and above- ground parking garages are allowed provided they are an integral part of a new or existing building. 5 -14.6 Signs Signs shall be regulated in conformance with the provisions of Article 15. 5 -14.7 Bulk Regulations C4 Downtown Commercial Se hall s; Min Lot Min Lot Max lot Minim Min Rea` Area Frontage ,'; Coverage Front Side (square (% lot feet) (feet) -,y area) � (feet) (feet) (feet) (fee Height„ Permitted Uses Residential Above 1st Floor Vehicle Sales 20,000 All Other Permitted Uses - -- --- - -- - -- 75 Conditional Uses Licensed child care center, adult day services 3,500 50 50 - -- - - 75 All Other Conditional Uses - -- 10 -- 75 r When abutting a residential or office residential district, a six foot side setback is required. 2 When abutting a residential or office- residential district, a 20 foot rear setback is required. Church Lot l Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St Telephone: 589 -4210 Return to: Kevin Firnstahl, City Clerk Address: City Hall- 50 W. 13th St Telephone: 589 -4121 ORDINANCE NO. -13 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 1072 LOCUST STREET FROM OR OFFICE RESIDENTIAL DISTRICT TO C -4 DOWNTOWN COMMERCIAL DISTRICT WITH CONDITIONS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is hereby amended by reclassifying the hereinafter — described property from OR Office Residential District to C -4 Downtown Commercial District with conditions to wit: South 38'7" of City Lot 159, and to the centerline of the adjoining public right -of -way, all in the City of Dubuque, Iowa. Section 2. That the foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This Ordinance shall take effect immediately upon publication as provided by law. Passed, approved and adopted this day of 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St Telephone: 589 -4210 Return to: Kevin Firnstahl, City Clerk Address: City Hall- 50 W. 13th St Telephone: 589 -4121 MEMORANDUM OF AGREEMENT Pursuant to the Iowa Code Section 414.5 (2011), and as an express condition of rezoning of the property described as: South 38'7" of City Lot 159, and to the centerline of the adjoining public right -of -way, all in the City of Dubuque, Iowa. which is the subject of Ordinance No. -13 , a copy of which is attached hereto and incorporated herein by reference, the undersigned property owners, agree to the following conditions, all of which the property owner further agrees are reasonable and are imposed to satisfy public needs which are caused directly by the rezoning: A) Conditions: 1) The following uses are prohibited: a. Automated gas station b. Gas station c. Service station d. Private club e. Bar or tavern B) Reclassification of the Subject Property. The City of Dubuque, Iowa may initiate zoning reclassification proceedings to the OR District (which rezoning will include the removal of the performance standards in Section A above) if the property owner fails to complete any of the conditions or provisions of this Agreement. C) Modifications. Any modifications of this Agreement shall be considered a zoning reclassification and shall be subject to the provisions of the Zoning Ordinance governing zoning reclassifications. All such modifications must be approved by the City Council of Dubuque, Iowa. D) Recording. A copy of this Agreement shall be recorded with the Dubuque County Recorder as a permanent record of the conditions accepted as part of this rezoning approval within ten (10) days of the adoption of Ordinance No. -13. E) Construction. This Agreement shall be construed and interpreted as though it were part of Appendix A of the Code of Ordinances of the City of Dubuque, also known as the Zoning Ordinance of the City of Dubuque, Iowa. F) This Agreement shall be binding upon the undersigned and his /her heirs, successor and assignees. ACCEPTANCE OF ORDINANCE NO. -13 I, Harold Straub, property owner, having read the terms and conditions of the Ordinance No. -13 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this day of State of Iowa )ss County of Dubuque ) On this day of said state, personally appeared named in and who executed the foregoing executed the same as their voluntary act and 2013. By Harold Straub 2013 before me, a Notary Public in and for to me known to be the person instrument, and acknowledged that they deed. Notary Public in the State of Iowa My Commission expires: SUS 1 �l leT�� A T to t- - 5 Commercial Creep In Downtown Dubuque We, the undersigned, represent the majority (over 75 %) of the office residential zoned space on the ten hundred block of Locust Street downtown. Almost twenty-eight years ago this day, a city truck pulled up in front of my building and three city employees planted a sign outside of my office, which proclaimed, "Now entering the Jackson Restoration District ". Bill Goetz (who was well over age 70 at that time) and Gary Kluesner were working on re- furbishing and re- tucking the row house to my north which they owned. I was well into a Historically Certified Restoration of the interior of my building on the corner of tenth and Locust Sts. As they pulled up to plant this sign, I saw Harold Straub across the street come to his window and watch. Sadly, Harold because of his health, is not here this evening. He is not now able to voice his feelings concerning the property which he tended to over the years since 1975 when the original OR usage was allowed at 1072. Harold operated his business in a non- conforming use, but. NEVER in a non - conforming manner. Virtually all of his plumbing activity was conducted from the rear alley of the facility. Seldom were there plumbing trucks seen on the Locust street side. Virtually all of the Locust side traffic was potential customers for new jobs or service on existing installations. Street parking usage during his tenure was minimal. Let's look at how this block thrived over the years. This block is the library, the church, Harold, Gary Kluesner, and myself. In the eighties to the late nineties it thrived under the umbrella of the OR designation. The early 80's saw the church enhance the neighborhood ambiance by improving their green space in the rear and installing reproduction lighting on which they displayed seasonally colorful banners Toward the end of the nineties, American Trust in the 900 block restructured their drive -up facility. Part of that project involved the utilities being relocated between their property and the old Christian Science Church. Contemporaneously, but not part of that project according to the city, was the restructuring of the utility feeds into the Historic District. Fiber optic cables were pushed underground to the rear of the Library and the addition of an another utility pole on 10`h street with corresponding support and gye wires was added. Harold's business was slowing during this era as he had reached retirement age, but still, he was at his shop every day to visit with anyone who came through the front door. The church over these years had maintained space in Harold's place as a youth center. We would enjoy seeing the activity during the week and on Sunday mornings, with the parents entering church and the kids running down to Harold's place, then later returning to church to meet their parents. After church, they would hold social activities in the park space at the rear. With the library, the church and our facilities, there was an aire of a small community. John Gronen started refurbishing some of the buildings rearing on Harold and the church, Walking street traffic increased to and from downtown to the Library and residential points north on Locust and increased again when IBM came to Dubuque. The last few years have been more difficult for Mr. Straub as his health has declined. They church no longer leases space from Harold, some tenants have not taken very good care of the interior of the property and the outside stairway. And, Harold has not been able to tend to the maintenance of the property to suit tenant habitation. That gives a brief picture of the activity history of the neighborhood in the years of "75" through "97 ". The millennium brought some more, not very cherished encroachments to the street e.g. as aluminum signage which proclaims the essence of where things are in the area. These signs offer a disturbing contrast to other historically postings. They are modern chrome, or stainless steel pillars depicting the worst of what would be found in a historic district. They clash miserably with the antique street lighting that the church spent good money installing and they simply do not fit the ambiance of the district. However, there they stand in immediate proximity of these beautiful structures. Now, why not C -4 for this block. C -4 brings with it by definition many more people, and, more disturbing, no parking requirements. C -4 also has the expectations that residential living be at the upper levels above the ground floor. In addition, we now have a building that needs substantial refurbishing. You must, by now, sense some of our fears for this neighborhood. Keeping it zoned OR prudently, would require that parking inside at the rear of the Straub structure be continued for the residents. By the way, we would also fervently hope that when the "one way, two way" routing of traffic occurs, the City redo the NACSAR curve where tenth street meets Bluff. We would also suggest that the overhead expressway style signage be relocated to the expressway. Parking that is still represented by the city on tenth street could then again be usable and benefit the shortage in this neighborhood. Considering the condition of the facility: Aside from the falling plaster crumbling, stairways, and destroyed mechanical apparatus, structural faults have been occurring between the original structure and the attached structure(s). In addition, the floor supporting mechanicals of the addition has failures, which may indicate the possible disintegration of the in- ground oil storage barrel, which formerly fed the heating plant of the building. We know that there is one there, we do not know exactly where it is located, and our properties and the church are all down grade from it's location under that building. To prioritize, our concerns they would align as such: 1. C -4 would bring a further denigration of the districts character. 2. Parking, if their garage were allowed to be razed, is a real problem. p 6r-- $ Vic-; ✓L-i • i7-61aO Pi L i �J O ■ L% 3. Parking, because C -4 has no restrictions would impair other residential parking 4. Integrity of the structure because of its essence to maintaining the character of the neighborhood, and, its potential for an oil impregnation of the surrounding properties. We humbly ask you to forgo the approval of a C -4 designation for this neighborhood. Commercial creep would be a severe detriment to the neighborhood's character, . and if it were imposed upon us and be successful, our structures are so unique that competing with any beneficial aspects of this zoning would be most difficult and destroy what certified restorations have already been completed. We have worked and earned Historic preservation accolades for our structures and are proud to have spent many years and many thousands of dollars keeping our facilities up to a level befitting the slogan "Historic Dubuque ". We strongly urge that you not allow a C -4 designation to creep into this unique city- space. Kluesner a a.er CITY OF DUBUQUE, IOWA OFFICIAL NOTICE NOTICE IS HEREBY GIVEN that the Dubu- que City Council will conduct a public hear - ing nn t a meeting to comece at 6 :30 p.m. on September 16, 2013, in the Historic Federal Street, gon5the follow- ing: Rezoning Request by Leslie Muench to rezone property located at 1072 Locust St. from OR Office Residential to C -4 Downtown Com- mercial. Ci of for the supporting docuopmes ents pub- lic hearings are on file in the City Clerk's Of- fice and may be viewed during normal working hours. Written comments re- garding the above pub- lic hearings may be submitted to the City Clerk's Office on or be- fore said time of public hearing. At said time and place of ! public hearings all interested citizens and parties will be given an oppor- tunity to heard for or against be said actions. Any visual or hearing impaired persons needing special assis- tance or persons, with cial accibility special shouldessfcontact the City Clerk's Office at (563) 589 -4120 or TTY (563) 690 -6678 at least 48 hours pnor,to the meeting. ' , Kevin S. Firnstahl, Cl■AC, City Clerk 1t 9/6 STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Kathy Hefel - Goetzinger, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: September 6, 2013, and for which the charge is $16.30. Subscribed to before me, a otary Public in and for Dubuque County, Iowa, this 7te day o Notary Public in and for Dubuque County, Iowa. MARY K. WESTERME`r ER Commission Number 15.685