Zoning 1108 Locust, Nesler, McMahon
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Planning Services Department
City Hall
50 West 13th Street
Dubuque, Iowa 52001-4864
(563) 589-4210 office
(563) 589-4221 fax
(563) 690-6678 TDD
planning@cityofdubuque.org
www.cityofduhuque.org
November 8, 2006
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque IA 52001
Applicant:
Location:
Description:
Lenore Nesler/James McMahon
11 08 Locust Street
To rezone property from OR Office Residential District to C-2 Neighborhood
Shopping Center District to permit a coffee shop/deli with apartment above.
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's attorney spoke in favor of the request, reviewing surrounding land use, pedestrian
and vehicle traffic in the neighborhood and noted that surrounding property owners are in favor of
the request.
Staff reviewed surrounding zoning and land use, and reviewed the allowed uses in the C-2
District.
There was one person who spoke in support of the application, citing the positive impact a coffee
shop would have on the neighborhood.
The Zoning Advisory Commission discussed the request, noting that there is not any other
property zoned C-2 in downtown, and asked about rezoning to OC Office Commercial. The
Commission discussed the issue, noting that OC zoning would require that the applicant also
receive a conditional use permit from the Zoning Board of Adjustment The Commission
determined that the size of the property would in itself limit the number of potential uses of the
site under C-2 zoning.
Recommendation
Bya vote of 7 to 0, the Zoning Advisory Commission recommends that the City Council approve
the request.
A simple majority vote is needed for the City Council to approve the request.
Respectfully submitted,
?;.AAJ'~- ~/~ /~,
Eugene Bird Jr., Chairperson (i1[~
Zoning Advisory Commission
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PLANNING APPLICATION FORM
o Variance ~ning
OConditional Use Permit OPlanned District
OAppeal OPreliminary Piat
OSpecial Exception OMinor Final Plat
OUmited Setback Waiver OText Amendment
OSimple Site Plan
OMinor Site Plan
o Major Site Plan
o Major Final Plat
OSimple Subdivision
Please
City of Dubuque
Planning Services Department
Dubuque, IA 52001-4864
Phone: 563-589-4210
Fax: 563-589-4221
OAnnexation
OTemporary Use Permit
OCertificate of Economic Non-Viability
OCertificate of Appropriateness
OOther:
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Address: aty: ~~ ~( Stat~ Zip: S-::2en I
Fax Number: MobiletCellufar Number: 5b 3- .f?1r - 9 ~ yv
Applicant/Agent: 1 e.~ove J-.j.e.~\~'C (ru-""it-o..~u") Phone:Sb~ 59cH,,9-Z:S-
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Fax Number: 00 'i! sf( d-- ~ 9' [) I Mobile/Cellular Number: 2>b 3 S- 96 Cn 'i 7:S-
Site location/address: ! J ~ 'it J-a e,u...'o. ~ &- 1'\ I^-k:u.~ u.-z T A
Existing zoning: 0 12- Proposed zoning: L- - Z Historic District: .j P Landmark: I-!D
reel D# or lot number/block number/subdivision):
- 07
Total property (lot) area (square feet or acres): Z I 300 ~ FI .
Describe proposal and reason necessary (attach a I er of explanation, if
-D ,-;-.ce ~ y..J
CERTIFICATION: I/we, the undersigned, do hereby certify that:
1. The infonmation submitted herein is true and correct to the best of my/our knowledge and upon
submittal beconnes public record;
Fees are not refundable and payment does not guarantee approval; and
All additiona ired written and graphi materials are attached.
2.
3.
Property Owner(s):
Applicant/Ant:
Date:
Date:
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FOR OFFICE USE ONLY - APPUCATION SUBMITTAL CHECKUST
Fee~"- Received by: ~. Date:1'! Z-'i{ crleDocket:
DSite/sketch plan D Conceptual Development Plan Dphoto DPlat
Dlmprovernent plans DDesign review project description DRaar plan DOther:
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REZONING STAFF REPORT
Zoning Agenda: November 1, 2006
Property Address:
1108 Locust St.
Property Owner:
James McMahon
Applicant:
Lenore Nesler/James McMahon
Proposed Land Use: Commercial
Proposed Zoning: C-2
Existing Land Use: Residential
Existing Zoning: OR
Adjacent Land Use: North - Multi-Family Residential
East - Multi-Family Residential
South - Parking
West - Residential/Office
Adjacent Zoning: North - OR
East - C-4
South - OR
West - OR/OC
Former Zoning: 1934 -Multi-Family Residential
1975 - OR1; 1985 - OR
Total Area: Approx. 2,300 sqft
Property History: The property was platted in the late 1800s and developed as one of five
row houses each on individual lots. The property has remained residential to the present.
Physical Characteristics: The property is a relatively level 20-foot wide by 115-foot long lot
located at the south end of the 1100 block of Locust Street. The property is located at the
intersection of Locust and 11th Streets with an alley behind. There is no off-street parking on
the lot. The footprint of the row house consumes approximately 60% of the lot.
Concurrence with Comprehensive Plan: The Comprehensive Plan calls for this area to
be multi-family residential. The goals outlined in the Land Use Element of the
Comprehensive Plan state; to provide opportunities for neighborhood commercial centers, to
ensure compatibility with residential property, to buffer and protect incompatible uses from
each other and to encourage redevelopment opportunities within the city.
Impact of Request on:
Utilities: Existing utilities are adequate to serve the site.
Traffic Patterns/Counts: lOOT 2005 average daily traffic counts indicate 4,650 vehicles
northbound along Locust Street just south of the subject property, and 3,320 vehicle
trips per day northbound along Locust Street three blocks north of the subject property.
The addition of a small commercial entity at this location should have very limited
impact on overall traffic in the neighborhood.
Public Services: Existing public services are adequate to serve the site.
Rezoning Staff Report - 1108 Locust Street
Page 2
Environment: Staff does not anticipate that conversion of the residence to a small
business should have any impact on the environment.
Adjacent Properties: The conversion of this residence to a business may increase the
amount of noise, activity, and demand on parking in the neighborhood. The subject lot
is directly adjacent to residences.
CIP Investments: None proposed.
Staff Analysis: The applicant is proposing to convert the first floor of an existing three-story
row house to a business. Specifically, the applicant proposes to do a small coffee shop/deli.
The subject structure has a 1,400 square foot footprint, is three stories in height and is the
southern-most of five row houses. The subject lot is approximately 2,300 square feet in area
and has no off-street parking. There is two-hour metered parking along Locust and 11 th
Streets adjacent to the subject property.
The property is currently zoned office/residential district which permits a mix of low-intensity
office and single and multi-family residential uses. The addition of a business at this location
may generate additional noise, traffic and demand for on-street parking. Because of the size
constraints of the lot and building, any business at this location would be limited in its impact.
The applicant has also applied for a parking variance from the Zoning Board of Adjustment.
Based on current requirements, the proposed coffee shop and deli would have a deficit of
six off-street parking spaces. The C-2 District allows for a mix of relatively low intensity
commercial uses, although some uses, such as barber/ beauty shops and retail sales can
often generate significant demand on parking. The C-2 District is the least intense district
that lists an indoor restaurant as a permitted use. Both the C-1 and OC districts, while
possibly somewhat less intense than the C-2 District, require a conditional use permit for an
indoor restaurant. The conditional use permit process enables the Zoning Board of
Adjustment to place conditions on the proposed restaurant that may help mitigate its
potential negative impacts to the neighborhood.
Staff recommends the Commission review Section 6-1.1 regarding criteria established for
reclassification of property.
Prnparnd bY~"1_ R"....' -# f tLo.",
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10/20/06
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lfil OCT 2 3 2006 lW
Zoning Advisory Commission
Planning Services Department
City Hall
50 West 13th Street
Dubuque, Iowa 52001-4864
GI1Y OF DUBUQUE
PLANNiNG SERVICES DEPARTMENT
To Whom It May Concern:
This letter is being sent to you in support of LeNore Nesler and James
McMahon's request to rewne 1108 Locust St from OR Office Residential to
C-2 Commercial.
Weare in the final stages of completing the Upper Main Revitalization
Project. Six new businesses will be opening their doors between November 1
and the middle of January. It will be vital for the success of the area to create
additional synergy/traffic which will benefit all businesses. The plan that
LeNore Nesler and James McMahon are proposing is exactly what we need to
see in the downtown.
onen
Restoration, Inc.
ain St.
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Prepared by: Laura Carstens. City Planner Address: Citv Hall. 50 W. 13th St Telephone: 589-4210
Return to: Jeanne Schneider. Citv Clerk Address: City Hall- 50 W. 13m St Telephone: 589-4121
ORDINANCE NO. 71-06
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF
THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING
HEREINAFTER DESCRIBED PROPERTY LOCATED AT 1108 LOCUST
STREET FROM OR OFFICE RESIDENTIAL DISTRICT TO C-2
NEIGHBORHOOD SHOPPING CENTER DISTRICT
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque
Code of Ordinances is hereby amended by reclassifying the hereinafter-described
property OR Office Residential District to C-2 Neighborhood Shopping Center District,
to wit:
South 1/5 of South 2/5 of City Lot 478, and to the centerline of the adjoining
public right-of-way, all in the City of Dubuque, Iowa.
Section 2. 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 20thday of November 2006.
Roy D. Buol, Mayor
Attest:
Jeanne F. Schneider, City Clerk