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Request to Rezone 1342 Forest Lane_BallardPlanning 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 The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 13th Street Dubuque IA 52001 Dubuque ftrri� vii THE CITY OF Ijjv DUB E m,;. .m„ Masterpiece on the Mississippi February 10, 2014 Applicant: Dee Ann Ballard Location: 1342 Forest Lane Description: To rezone property from R -2 Two Family Residential to OR Office Residential 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 spoke in favor of the request, reviewing the location of the property, proposed use of the property for a massage therapy business, and available off - street parking. Staff reviewed the staff report, noting surrounding zoning and land use, on- street and off - street parking conditions and requirements, and allowed uses in the proposed Office Residential District. There were several public comments regarding the proposed rezoning, specifically regarding the availability of on- street parking in the neighborhood. The Zoning Advisory Commission discussed the request, reviewing available parking on the applicant's property and the size of the parcel and its ability to be used for the uses allowed in the Office Residential District. Recommendation By a vote of 4 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, Thomas Henschel, Vice Chairperson Zoning Advisory Commission Service People Integrity Responsibility Innovation Teamwork 'rl lG CITY OF DUB Masterpiece on the Mississippi ['Variance ❑Conditional Use Permit ❑Appeal ❑Special Exception ❑Limited Setback Waiver Rezoning /PUD /ID 0 Dubuque '111' 2007 PLANNING APPLICATION FORM ❑ Preliminary Plat ❑ Major Final Plat ❑Minor 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 planning ©citvofdubuque.orq ❑Certificate of Appropriateness ['Advisory Design Review (Public Projects) ['Certificate of Economic Non - Viability ❑Historic Designation: Choose One ['Demolition in Conservation Districts ['Port of Dubuque Design Review Please type or print legibly in ink Property owner(s): DeeAnn Ballard Phone: 563 - 556 -0041 Address: 1342 Forest Lane city: Dubuque cell #: 563 - 543 -7128 Fax #: E -mail: state: IA Zip: 52001 Applicant/Agent: Same as Above Phone: Address: City: State: Zip: Fax #: Cell #: E -mail: Site location /address: 1342 Forest Lane Neighborhood Association: Choose One Existing zoning:. R-2 Proposed zoning: °R District: Choose One Landmark: ❑ Yes ❑ No Legal Description (Sidwell parcel ID# or lot number /block number /subdivision): 10.26.235.004 Total property (lot) area (square feet or acres): 4,784 sq ft Describe proposal and reason necessary (attach a letter of explanation, if needed): To rezone property from R -2 Two - Family Residential to OR Office Residential 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 aterials are attached. Property Owner(s): t(�1'11n 6�,�ir 1 Date: Applicant/Agent: Date: FOR OFFICE USE ONLY — APPLICA ON UBM C~ HECKLIST Fee: (I ] Received by. Date: 00 e-c13 Docket: R -3 1105 1121 C -3• 1 1085 1015 1425 1500150 1500 1500 1500 1500 1500 1500 15001500 1500 1500 150015001500 350 Masterpiece on the Mississippi Dubuque kattbd Autmedeam 11111F 2007 .2012.2013 Vicinity Map Applicants: Dee Ann Ballard Location: 1342 Forest Lane Description: To rezone property from R -2, Two Family Residential, to OR, Office Residential, zoning district. Legend as. als 1342 Forest Lane DISCLAIMER: This inforrnatim was compiled using the Dubuque Area Geographic Information System (DAGIS), which Includes data created by both the City of Dubuque and Dubuque County. ft is understood that, while the City of Dubuque and participating agencies utilized the most current and accurate information available. DAGIS and Its supple's do not warm* the accuracy or currency of the information or data ccotai ned herein. The City and participating agencies shall not be held leble for any direct. Indirect. Incidental, consequential, punitive, or medal damages, whether foreseeable cc unforeseeable, arising out of the authorized or unauthorized use of this data or the Inability to use this data or out of any breech of warranty whatsoever. 1:2,000 NORTH Base Data Provided by Dubuque County GIS Path: H: \Planning Services \EVB\ArcGISMaps \Vicinity Map_1342ForestLane mxd REZONING STAFF REPORT Zoning Agenda: February 5, 2014 Property Address: 1342 Forest Lane Property Owner: Deanne Ballard Applicant: Same Proposed Land Use: Office /Residential Proposed Zoning: OR Existing Land Use: Residential Existing Zoning: R -2 Adjacent Land Use: North — Commercial /Residential Adjacent Zoning: North — R -2 East — Residential East — R -2 South — Residential South — R -2 West — Residential West — R -2 Former Zoning: 1934 — Two - family 1975 — R -3 1985 — R -2 Total Area: 4,560 sq.ft. Property History: The property was originally subdivided as part of the S.M. Lang's Addition and a house built here in 1910. The original house is still present and there have been a number of subsequent modifications and additions, including a detached two -story residential garage behind. Physical Characteristics: The property slopes with the high point along the Forest Lane frontage dropping approximately 12 feet in elevation to the rear of the lot. The property has 50 feet of frontage along Forest Lane and garage access from an alley behind. Concurrence with Comprehensive Plan: The Comprehensive Plan calls for this area to be mixed residential. Impact of Request on: Utilities: Existing utilities are adequate to serve the site. Traffic Patterns /Counts: Forest Lane is not a heavily traveled street and is 22 -feet wide with parking permitted along one side. The rezoning should have limited impact on the overall traffic patterns or counts in this neighborhood. Public Services: Existing public services are adequate to serve the property. Rezoning Staff Report o 1342 Forest Lane Page 2 Environment: Staff does not anticipate any adverse impact to the environment as the property is almost fully developed and any additions or redevelopment will have to observe erosion control and storm water management regulations. Adjacent Properties: As the adjacent properties on the east, west and south of the subject lot are residential, rezoning to a more intense office or residential use could create additional, noise, activity and demand on parking in the neighborhood. Any redevelopment of this property may require a parking variance as there is little room to provide additional off - street parking. CIP Investments: None proposed. Staff Analysis: The applicant is proposing to rezone an approximately 4,500 square foot lot from R -2 Two - Family Residential to OR Office Residential zoning district. The neighborhood is characterized by primarily single - family and multifamily housing and is across the street from the VFW building and one -lot removed from a medical office. The current R -2 zoning district allows only a single - family home on this property as it has less than the minimum required 6,000 square feet of lot area. The Office Residential district allows a number of relatively low intensity uses, including artist studio, general offices, medical offices, multi - family dwellings and schools of private instruction. Forest Lane at this location is narrow and only permits parking on one side. About half of the homes in this neighborhood have little or no off - street parking. Off - street parking for the subject lot is limited to a two -car garage and a paved area behind that may accommodate an additional two cars. This parking is accessed from an alley off of Glen Oak Street Rezoning this property to a low intensity office /residential use may slightly increase the amount of noise, activity, and demand for on- street parking and traffic in the neighborhood. Staff recommends that the Commission review Article 9.5 of the Unified Development Code regarding reclassification of property. Prepared by: Reviewed: Date: /•)9'•/4( Section 2 -Land Use Regulations General office Group home Wind energy conversion system Article 5: Zoning Districts 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, suit- able 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. Multiple - 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 the 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. Bed and breakfast home 2. Bed and breakfast inn 3. Group home 4. Licensed adult day services 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 THE CM OF B Section 2 —Land Use Regulations Article 5: Zoning Districts 4. Garage sale; no more than three per calendar year or 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. Sport, 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. Section 2 —Land Use Regulations 5 -7.7 Bulk Regulations OR Office /Residential Min Lot Area (square feet Min Lot Max Lot Frontage Coverage (% lot area) feet Article 5: Zoning Districts Setbacks Front (feet) Min Max Min Side (feet) Min Rear (feet) Max Height (feet) Permitted Uses T------1----t Midpoint Height Shed Roof Midpoint Height 1 Gable or Hip Roof General office - -- - -- 50 20 - -- 3 10 40 Hospice 5,000 50 50 20 - -- 3 10 40 Housing for the elderly or disabled 10,000 - -- - -- - -- - -- 31 10 40 Medical office - -- - -- 50 20 - -- 3 10 40 Mortuary, Funeral home - -- - -- 50 20 - -- 3 1 10 40 Multi- family 1,200 /du 50 50 20 - -- 3 10 40 Nursing or convalescent home 10,000 100 50 20 - -- 31 10 40 Place of religious exercise or assembly, School 20,000 100 50 20 - -- 3 10 75 2 Single - family detached dwelling 5,000 50 50 20 50 3 10 40 Townhouse 1,200 /du 16 /du 50 20 - -- I. 3/0 1r 10/0 40 Two - family dwelling 5,000 50 50 20 50 3 10 40 Al other permitted uses - -- - -- 50 20 - -- 3 10 40 Conditional Uses Bed and breakfast home 5,000 50 50 20 50 3 10 40 Bed and breakfast inn - -- - -- 50 20 50 3 10 40 Group home 5,000 50 50 - -- - -- 3 10 40 Licensed adult day services, Licensed child care center 5,000 50 50 20 - -- 3 10 40 Off - premise residential garage - -- - -- 50 20 - -- 3 10 15 Photographic studio - -- - -- 50 20 - -- 3 10 40 Private club - -- - -- 50 20 - -- 3 10 40 Rooming or boarding house 5,000 50 50 20 - -- 3 10 40 1 When abutting a residential district, a six foot side setback is required. 2 Maybe 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 limitofthe district in which it is located. Required- Rear ;, E;" j Setback 1135 ill Nfr '�J I r6' Required r Setback Street IIIII1IIIHIll(TT I 11 -Lot Frontage Street TuuE CITY OF Dus T------1----t Midpoint Height Shed Roof Midpoint Height 1 Gable or Hip Roof - Decklme Height Mansard or Gambrel Roof - I Highest Level Height i Flat Roof TuuE CITY OF Dus 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 -14 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 1342 FOREST LANE FROM R -2 TWO- FAMILY RESIDENTIAL DISTRICT TO OR OFFICE RESIDENTIAL DISTRICT. 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, the Unified Development Code, is hereby amended by reclassifying the hereinafter- described property from R -2 Two - Family Residential District to OR Office Residential District, to wit: Lot 2 -1 -21 S. M. Langs Addition, 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 17th day of February, 2014. Roy D. uol ayor Attest: Kevi .'Firnstah , Cit t''erk CITY OF DUBUQUE, IOWA OFFICIAL NOTICE ICEa IS HEREBY GtVENOT N tht !the Dubu- que City Council will conduct a public hear- ing at a meeting to commence at 6:30 p.m. on February 17, 2014, in the Histor c Federal Building, 350 West 6th Street, on the follow- ing: Requests to Rezone Finley Hospital, 350 North Grandview Ave- nue, to amend the Fin - fey Hospital Institution- al District tojpermit the construction of a 25,000 square feet four story addit on to the west side of the hospi- tal building. DeeAnn Ballard, 1342 Forest Lane to rezone,' property from R -2 Two Family Res dential to OR Office Residential s i Written comments re- garding the above pub- lic hearings may be submitted to the or b City e Clerk's Office on - fore said time of public hearing. At said time and place f lic hearings all interested citizens and parties will be given an oppor- tunity to be heard for or against said actions. Copies of supporting documents for the pub- lic hearings are on file in the City Clerk's Of- fice and may be ho viewed duruinrs g normal working Any visual or hearing impaired pearsons needing special ssis- tance or persons with special accessibility needs shou d contact the City Clerk's Office at (563) 589 -4100 or TTY (563) 690 -6678 at least 48 hours prior to the meeting. Kevin S Firnstahl CMC City Clerk 2/7 STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, 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: February 07, 2014, and for which the charge is $18.30. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this Ten day o s.: . �; . _ , 20 Notary Public in and for Dubuque County, Iowa. MARY K. WESTERMEYER Commission Number 154885 My Comm, Exp. FEB. 1, 2017 OFFICIAL IP-,UBLICATIOM, ORDINANCE NO`13-14'„ AN ORDINANCE AMENDING TITLE 16. OFQTWHH�EE,r CITY OF 'DU BUOF OR: DING CEESS_, E UNIFIED f.1),,t LOPMENT !,1EObE, B •hs RECLAS- "-fiq'S KING NER[Nk' ER 4 gscRMBED PERTYr 1,00AIED A h 4 'FOREST LANE FROM R-2 TWO-FAMILY RESI- DENTIAL DISTRICT TO • OR OFFICE RESIDEN- •TIAL DISTRICT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, 10 - WA: Section 1. That Title 16 of the City of Dubu- que Code of Ordinan- ces, the Unified Devel- opment Code, is here- by amended by reclassifying the here- inafter -described prop- erty from R-2 Two - Family Residential Dis- trict to OR Office Resi- dential District, to wit: Lot 2-1-21 S. M. Langs Addition, and to the centerline of the ad- joining public right-of- way, all in the City of I 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 Ordi- nance shall take effect immediately upon pub- lication, as provided by law. Passed, approJed and adopted this 17th day of February, 2014. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald Newspaperr, on the 21st day of February, 2014. /s/Kevin S. Firnstahl, City Clerk 1t 2/21 STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, 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: February 21, 2014, and for which the charge is $14.41. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this J/„' day of;��� , 20 /•4 - Notary Public in and for Dubuque County, Iowa. MARY K. WESTERMEYER Commission Number 154885 My Comm Exp. FEB. 1, 2017 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 Dee Ann Ballard 1342 Forest Lane Dubuque IA 52001 Dubuque utrac�r t{tl7 ' 2012. • 203 RE: City Council Public Hearing — Rezoning Request Masterpiece on the Mississippi February 10, 2014 Dear Applicant: The City Council will consider your request to rezone property located at 1342 Forest Lane at a public hearing on Monday, February 17, 2014. 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. 6t" Street, Dubuque, Iowa. Please contact the Planning Services Department at (563) 589 -4210 if you need more information or have any questions. Kyle L. Kritz Associate Planner Enclosures cc: Kevin Firnstahl, City Clerk Service People Integrity Responsibility Innovation Teamwork