Loading...
Request to Rezone 2497 Jackson Street_LinkPlanning 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 r IF I� mlt •1013 THE CITY OF DUB Masterpiece on the Mississippi March 7, 2014 Applicant: David Link Location: 2497 Jackson Street Description: Request to rezone property from R -2A Alternate Two Family Residential to C-4 Downtown Commercial zoning district 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 former use of the site, the proposed purchase of the property by a contractor, and available parking. Staff reviewed the staff report, noting the history of the use of the property, surrounding zoning and land use, and parking requirements. There were no public comments. The Zoning Advisory Commission discussed the request, reviewing allowed uses in the C-4 Downtown District, and possible conditions that could be attached to the rezoning request. The Commission discussed outdoor storage and that many of the allowed uses in the C-4 District would not fit the subject parcel. Recommendation By a vote of 5 to 0, the Zoning Advisory Commission recommends that the City Council approve the request, subject to prohibiting any outdoor storage. A simple majority vote is needed for the City Council to approve the request as recommended. A super majority vote is needed for the City Council to modify the condition recommended by the Zoning Advisory Commission. Service People Integrity Responsibility Innovation Teamwork The Honorable Mayor and City Council Members Page 2 Respectfully submitted, Patrick Norton, Chairperson Zoning Advisory Commission cc: Alvin Nash, Housing & Community Development Director Marie Ware, Leisure Services Manager Service People Integrity Responsibility Innovation Teamwork THE CITY OF DUB Masterpiece on the Mississippi ❑Variance ❑Conditional Use Permit ['Appeal ❑Special Exception ❑ imited Setback Waiver ezoning/PUD/ID Dubuque auesca•'1111' 2012 PLANNING APPLICATION FORM DPreliminary Plat ['Major Final Plat DMinor Final Plat ❑Simple Site Plan DMinor Site Plan ['Major Site Plan ['Simple Subdivision ❑Text Amendment DTemporary 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©cityofdubuque.orq ❑Certificate of Appropriateness DAdvisory Design Review (Public Projects) ❑Certificate of Economic Non -Viability ❑Historic Designation ❑Demolition in Conservation Districts ['Port of Dubuque Design Review Please type or print legibly in ink ✓ Property owner(s): ,A J / I \I Phone: „.3z3 6Q Kz! c 'Address: /Dad. /104 iii .7 i v - 41 -/City: D P "5 v ac State•.:i -A- Zip: Fax #: Cell #: E-mail: Applicant/Agent: Address: City: State: Zip: Fax #: Cell #: E-mail: Phone: Site location/address: zLc.7 .iAc aLs:ILl.41 Neighborhood Association: Existing zoning: r. Proposed zoning: 6.- 14 District: tai Landmark: ❑ Yes gNo Legal Description (Sidwell parcel ID# or lot number/block number/subdivision): 1 D 3 37 or — © i 41. Total properly (lot) area (square feet or acres): 4.1 Z 541) Describe proposal and reason necessary (attach a letter of explanation, if needed): 11#0 ir-r-okke i D F'4 -t' a £ 1-..x1c ro rzS aLl e1" 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 grapkiic materials are attached. Property Owner(s):„...c26 Applicant/Agent: Date: / /L3 ti t f Date: // 3 FOR OFFICE USE ONLY — APPLICATION SUBMITTAL CHECKLIST Fee: W-1 Received by: Date: (Z "'SO -- &Dcicket: Path• H•\Planninn Services\EVBAArcGISMaos\Vicinity Mao 2497Jackson.rm 0 72257 2568 254 2560 25 4 2552 25 2532 52: 2524 2527 2523 2519 425 410 2508 501 2523 521 2515 2506 2500 2452 2503 2501 2487 2485 4 246 2464. 24 2410 40 2418 41 %22440 2430 2428 2424 371 367 120 2349 2354 33 2410 2329 '31• 32 2320 \1 2330 31 2340 2' 2315 230 2404 Base Data Provided by Dubuque County GIS d Masterpiece on the Mississippi Vicinity Map Applicants: David Link Location: 2497 Jackson Street Dubuque btIzt M-Almca ca 111111 2007.2012 • 2013 Description: To rezone from R -2A, Alternate Two -Family Residential, to C-4 Downtown Commercial zoning district. Legend 2497 Jackson Street DISCLAIMER: This information was compiled using the Dubuque Area Geographic Information System (DAGIS). which Includes data created by both the City of Dubuque and Dubuque County. It Is understood that, while the City of Dubuque and participating agendas utilized the most current and accurate information available, DAGIS and its supplers do not warrant the accuracy or currency of the Information or data contained herein. The City and perticipating agencies shall not be held liable for any direct. indhect, incidental. consequentsm, punitive. or special damages. whether foreseeable or unforeseeable, arising out of the authorized or unauthorized use of this data or the inability to use this data or out of any breach of warrantywarrantywhatsoever. 1:2,500 NORTH REZONING STAFF REPORT Zoning Agenda: March 5, 2014 Property Address: 2497 Jackson Street Property Owner: David Link Applicant: Same Proposed Land Use: Commercial Existing Land Use: Commercial Adjacent Land Use: Former Zoning: North — Church East — Park South — Residential West — Residential 1934 — MF 1975 — R-3 1985 — R -2A Proposed Zoning: C-4 Existing Zoning: R -2A Adjacent Zoning: North — R -2A East — R -2A South — R -2A West — R -2A Total Area: 4,250 square feet Property History: The property was subdivided as part of the original Olinger's Subdivision circa 1900, and a commercial structure built here in 1920. The property has served as a commercial enterprise ever since it was initially built and has been remodeled a number of times. The property currently accommodates an upholstery shop. Physical Characteristics: The property is a 4,250 square foot level corner lot with 85 feet of frontage along 25th Street 50 feet of frontage along Jackson Street. The property has unlimited curb cuts on both frontages and has alley access behind. Concurrence with Comprehensive Plan: The Comprehensive Plan calls for this lot to be low intensity commercial. The Comprehensive Plan also encourages a compatible mix of uses. Impact of Request on: Utilities: Existing utilities are adequate to serve the site. Traffic Patterns/Counts: The 2009 IDOT average daily traffic counts indicate 5,400 vehicle trips per day along Jackson Street one block south of the subject property and 4,490 vehicle trips per day on Jackson Street one block north of the subject property. Because of the lot size and lack of off-street parking, redevelopment of this property is limited. Therefore, redevelopment of this building or property for Rezoning Staff Report — 2497 Jackson Street Page 2 other commercial purposes should have very limited impact on traffic generation in this neighborhood. 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 almost fully developed. Adjacent Properties: The subject property has been used commercially for decades. Most recently, it has been used as a legally non -conforming upholstery shop. Rezoning of this property to C-4 Downtown Commercial zoning district would open it to a host of other commercial uses that may have significant impact on the neighborhood. Businesses such as bars or taverns, indoor restaurants and retail sales establishments that are permitted uses in the C-4 District could generate significant impacts such as noise, activity, hours of operation, traffic and demand on parking than does the current upholstery shop. CIP Investments: None proposed. Staff Analysis: The applicant is proposing to rezone a 4,250 square foot corner lot located at the intersection of Jackson and 25th Streets in a primarily residential neighborhood from R -2A Two -Family Alternate Residential district to C-4 Downtown Commercial district. The property is bordered by a church and residential development to the north, a park to the east, and residential development to the south and west. The property is located in close proximity to single and two-family residential development. The property has always accommodated a commercial establishment and has served most recently as an upholstery shop. The property is currently legally non -conforming (grandfathered) which means it can continue to operate as an upholstery shop or can be redeveloped for any of the uses allowed in an R -2A district, which includes single- family and two-family residences. Currently, the legally non -conforming upholstery shop tends to generate very little traffic, and has limited hours of operation and few employees. If rezoned to 0-4 llnwntnwn rnmmPrr-ial rlistrirt thPrP arP a niimhPr of rnmmPrnial uses such as bar/taverns, indoor restaurants, and retail sales that may generate more traffic, demand on parking, noise and activity, and have later hours of operation than the current upholstery shop. Staff recommends the Commission review the criteria established in Article 9.5 or the Unified Development Code regarding property reclassification. Prepared by: ,;!jlY Reviewed: Dater •2 /(( 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. 24-14 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 2497 JACKSON STREET FROM R -2A ALTERNATE TWO-FAMILY 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 R -2A Alternate Two -Family Residential District to C-4 Downtown Commercial District, with conditions, to wit: Lot 1 Olinger's Subdivision, 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 March, 2014. Attest: Ke in . Firnst hl, Ci"'" Clerk Roy D. B461, Mayor 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: Lot 1 Olinger's Subdivision, and to the center line of the adjoining public right-of-way, 'all in the City of Dubuque, Iowa. which is the subject of Ordinance No. 24 -14 , 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) Performance Standards 1) The following is prohibited: a. Outdoor storage of material and equipment. This does not include licensed and operable vehicles. B) Reclassification of the Subject Property. The City of Dubuque, Iowa may initiate zoning reclassification proceedings to the R -2A Alternate Two -Family Residential 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. 24 -14. 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. This Agreement shall be binding upon the undersigned and his/her heirs, successor and assignees. • ACCEPTANCE OF ORDINANCE NO. 24 -14 I, David Link, applicant and property owner, having read the terms and conditions of the foregoing Ordinance No.24- 14 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 /y1 044.'0 , 2014. B State of Iowa ) ) ss: County of Dubuque) On this / 7 day of `Y14°'4(/LJ 2014 before me, a Notary Public in and for said state, personally appeared 4-111 Len to me known to be the person(s) named in and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. Nota Public in the State •f low My. Commission expires: 7/ /s MELINDA RETTENBERGER Commlaeloi Number 125 My Commission Expire IN THE DISTRICT COURT OF IOWA IN AND FOR DUBUQUE COUNTY Certification of Publication CITY OF DUBUQUE, IOWA OFFICIAL NOTICE NOTICE 15 HEREBY GIVEN that the Dubu- que City Council will conduct a public hear-' ing at a meeting to commence at 6:30 p.m. on March 17, 2014, in the Historic Federal Building, 350 West 6th Street, on the follow- ing: Requests to Rezone Request by David Link to rezone property at 2497 Jackson Street from R -2A Alternate Two -Family Residential to C-4, Downtown Commercial , Zoning District. Request to Amend ID {Institutional Dis- trict Request by the Uni- versity of Dubuque, 2255 Bennett Street to aniend the ID Institu- tional District on not needing a privacy fence between 2224 Grace Street and 2255 Bennett Street due to pedestrian safety. 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 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 viewed during normal working hours. Any visual or hearing impaired persons needing special assis- tance or persons with special 'I accessibility needs should 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 7 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 date(s): ei O 7 p 2-0 i4 and for which the charge is $ 20. 2_ Subscribed to before me, Notary Public in and for Dubuque County, Iowa, this iehte day of , 20/ MAC -1Y K. WESTERMEYER Commission Number 154885 My COMM Exe. FEB, 1, 2017 Notary blic in and for Dubuque Canty, Iowa 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: March 21, 2014, and for which the charge is $15.27. Subscribed to before me a Notary Public in and for Dubuque County, Iowa, this ,-e%fjeA day of ' /,,tL�1/ , 20/,/- . Notary Public in and for Dubuque County, Iowa. OFFICIAL PUBLICATION ORDINANCE NO. 24-14 AN ORDINANCE AMENDING TITLE 18 OF THE CITY OF DU- BUQUE CODE OF OR- DINANCES, UNIFIED D.E,V'ELOPMENT CODE BY RECLASS- .IFYIIG HEREINAFTER DES RIBED PROPER- TY LOCATED A '249? JACKSON STREET FROM R -2A ALTER- NATE TWOrFAMILY RESIDENTIAL DIS- TRICT TO 0-4 DOWN- TOWN COMMERCIAL DISTRICT WITH CON- DITIONS NOW, THEREFORE, BE IT ORDAINED BY THE CITY .COUNCIL' OF -•THE CITY OF DUBUQUE, 10 - WA: Section 1. That Title 16 of the CRY of Dubu- que Code of Ordinan- ces, Unified Develop- ment Code; Is hereby amended by reclass- I Vying the hereinafter- described property Trom R-ZA .Alternate Two -Family Residential; District to C-4 Down -j town Commercial Dis-I tract, with conditions, towit;- Lot 1. Olinger's Subdi- vision,: and to the cen- terline 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 Ordi- nance shall take effect • Immediately upon pub- Ilcation as provided.;by law. Passed, approved and adopted this 17th day of March, 2014. • /s/Roy D. Buol, Mayor Attest /s/Kevin S. • ' Flrnstahl, City Clerk • Published officially in } the Telegraph Herald newspaper ontha 21st i day of March, 2014. • /s/Kevin S. Flrnstahl, CMC, City Clerk �1 1t3/21 - MAF1 Y K. WESTERMEYER Commis -sine Number 154885 My Cc' ^,. Exp. FEB. 1. 2017 i11iu111111ummaim11111n1inoii11mi111uii Doc ID• 007953210005 Type GEN Kind ORDINANCE Recorded: 03/20/2014 at 04:27:09 PM Fee Amt: $27.00 Page 1 of 5 Dubuque County Iowa Kathy Flynn ThurlowrRecorder F11e2014-00002644 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. 24-14 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 2497 JACKSON STREET FROM R -2A ALTERNATE TWO-FAMILY 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 R -2A Alternate Two -Family Residential District to C-4 Downtown Commercial District, with conditions, to wit: Lot 1 Olinger's Subdivision, 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 17`n day March, 2014. Roy D. B,6. I, Mayor Attest: Ke Firnst-hl, C. Clerk O-,a7,OO STATE OF IOWA CERTIFICATE of the CITY CLERK ) SS: COUNTY OF DUBUQUE ) I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in my possession or have access to the records of the proceedings of the City Council. do further state that the hereto attached Ordinance No. 24-14 is a true and correct copy of the original. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa, on this 18th day of March, 2014. Kevi S. Firnstahl, C , 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: Lot 1 Olinger's Subdivision, and to the center line of the adjoining public right-of-way, 'all in the City of Dubuque, Iowa. which is the subject of Ordinance No. 24 -14 , 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) Performance Standards 1) The following is prohibited: a. Outdoor storage of material and equipment. This does not include licensed and operable vehicles. B) Reclassification of the Subject Property. The City of Dubuque, Iowa may initiate zoning reclassification proceedings to the R -2A Alternate Two -Family Residential 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. 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. 24 -14. 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. 24 -14 I, David Link, applicant and property owner, having read the terms and conditions of the foregoing Ordinance No.24- 14 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/Xia�n"C , 2014. B State of Iowa ) ) ss: County of Dubuque) On this / 7 day of 1(14°14(j1(-- 2014 before me, a Notary Public in and for said state, personally appeared I-()1 to me known to be the person(s) named in and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. Nota Public in the State •f low My Commission expires: 7/ , "low. MELINDA RETTENBERGER Commla..lon Number 125 Wq Commltilon Expires�