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Request to Amend ID District, Addition to Boiler Room Building - Loras College Copyright 2014 City of Dubuque Public Hearings # 3. ITEM TITLE: Request to Amend ID District, Addition to Boiler Room Building - Loras College SUMMARY: Proof of publication on notice of public hearing to consider a request by Loras College to amend the Institutional District at 755 Loras / 1450 Loras Parkway (formerly Cox Street) to create an addition to the existing Boiler Room building and the Zoning Advisory Commission recommending approval. ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by providing for the approval of an Amended Campus Development Plan for the Loras College to allow construction of a new Welcome Center SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion A ATTACHMENTS: Description Type ❑ ZAC letter to Council Staff Memo ❑ Applicant materials Supporting Documentation ❑ Staff materials Staff Memo ❑ Citizen letters Supporting Documentation ❑ Ordinance Ordinance ❑ Motion A: Motion B Supporting Documentation Planning Services Deparhuent Dubuque City Hall fii.i.iZi THC•CITY OF 50 West 13�Street Dubuque,IA 52001-4864 ,I ��I� U (563)589-4210 phone (563)589-4221 fax - xm•mu•mo Masterpiece on the Mississippi (563)690-6678 TDD plannin �r�cityofdubuque.or� December 5, 2014 The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 13th Street DubuquelA 52001 Applicant: Loras College Location: 755 Loras / 1450 Loras Parkway (formerly Cox Street) Description: To amend the ID Institutional District for an addition to the existing Boiler Room Building 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 John McDermott, representing Loras College, spoke in favor of the request. He reviewed the location of the Welcome Center, the proposed use of the Boiler Room Building, including an area for a small caf6 featuring Einstein Bagels, operated by their food vendor Aramark. Mr. McDermott also reviewed a proposal to allow the building to be used in the future for both athletic offices and retail space. There were no public comments. Staff noted letters from neighboring property owners in opposition to the request were in the Commission packet. Staff reviewed the staff report, noting that the Boiler Room building is considered a principal building at 8,000 square feet and that the addition for caf6 will comprise only 900 square feet of that area. Staff noted that the Welcome Center and caf6 will primarily benefit Loras College students, staff, faculty, and visitors, and there will be no outside signage advertising Einstein Bagels. The Zoning Advisory Commission discussed the request. Staff reviewed the definitions of principal and accessory buildings in institutional districts. Commissioners debated whether the proposed location will be attractive to the general public since it's adjacent to Loras Boulevard, or not because of the lack of signage and readily available parking. Commissioners discussed traffic and pedestrian crossings. The Zoning Advisory Commission discussed the request and felt it was appropriate. Service People Integrity Responsibility Innovabon Teamwork The Honorable Mayor and City Council Members Page 2 Recommendation By a vote of 5 to 1, 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, Patrick Norton, Chairperson Zoning Advisory Commission Attachments Service People Integrity Responsibility Innovation Teamwork Prepared by: LauraCarstens,CityPlanner Address: CityHa11,50W.13thSt Telephone: 589-4210 Return to: KevinS.Firnstahl,CitvClerk Address: CitvHall-50W.13thSt Telephone: 589-4121 ORDINANCE NO. 70-14 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY PROVIDING FOR THE APPROVAL OF AN AMENDED CAMPUS DEVELOPMENT PLAN FOR THE LORAS COLLEGE TO ALLOW CONSTRUCTION OF A NEW WELCOME CENTER 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, be amended by providing for the approval of an amended campus development plan for Loras College ID Institutional District, a copy of which is on file with the City of Dubuque Planning Services Department. Section 2. Institutional District Regulations: A. Use Regulations. The following regulations shall apply to all uses made of land in the above- described ID Institutional District: 1. Principal permitted uses shall be limited to: a. Colleges and universities. b. Vocational schools. c. Seminaries. d. Offices for administrative personnel or other institutional employees and affiliates. e. Churches, libraries and museums. f. Classrooms, laboratories, lecture halls, and similar places of institution. g. Off-street parking and loading. h. Recreational or athletic facilities for the primary use and benefit of the institutional residents or affiliates. i. Single-family, two-family, or multi -family dwellings for the housing of institutional residents or affiliates. 2. Accessory Uses: The following uses shall be permitted as accessory uses in the above-described ID Institutional District: a. Located entirely within a principal building, bookstores or bars seating not more than seventy-five(75) persons at one time and located not closer than two hundred feet (200') from the nearest residential or office residential district. b. All uses customarily incidental and subordinate to the principal use it serves, but not to include commercial use outside the principal building. 3. No conditional uses shall be allowed. B. Lot and Bulk Regulations Development of land in the ID Institutional District shall be amended as follows: The proposed new Welcome Center shall be located in conformance with the attached campus development plan and all final site development plans are to be approved in accordance with provisions of the ID Institutional District regulations. C. Performance Standards The development and maintenance of uses in this ID Institutional District shall be established in conformance with Article 5-22 of the Unified Development Code and the following standards: 1. New outdoor lighting shall use 72 -degree cut-off light fixtures. 2. Landscaping shall be provided in compliance with the Unified Development Code Article 13. 3. All utilities, including telephone and cable television, shall be installed underground. 4. Final site development plans shall be submitted in accordance with Unified Development Code Articles 12 and 13. D. Parking Requirements The off-street parking requirements for the principal permitted uses for the herein described ID Institutional District shall be regulated as follows: 1. A minimum of 1,190 off-street parking spaces shall be maintained for the Loras College Institutional District. 2. Any significant expansion or reduction in the number of off-street parking spaces must be reviewed by Planning Services staff for compliance with the adopted institutional district requirements. E. Sign Regulations The sign regulations shall be the same as that which are allowed in the ID Institutional District as established in Article 15 of the Unified Development Code. F. Additional Standards That all previously approved campus development plans are hereby amended to allow for the attached development plan. G. Transfer of Ownership Transfer of ownership or lease of property in this ID Institutional District shall include the transfer or lease agreement a provision that the purchaser or lessee acknowledges awareness of the conditions authorizing the establishment of this district. H. Modifications Any modifications of this Ordinance must be approved by the City Council in accordance with zoning reclassification proceedings of Article 9 of the Unified Development Code. Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 4. This Ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 15th day of Dumber, 2014. Attest: Trish L. Gleason, Assistant City Clerk Roy D. Buol, Mayor OFFICIAL PUBLICATION ORDINANCE 140.70-14 AN ORDINANCE AMENDING TITLE 16 OFA;'!" E CITY OF DUBUQUE CODE OF ORDINANCES, `i UNI- FIED DEVELOPMENT CODE BY PROVIDING FOR THE APPROVAL OF' , AN AMENDED CAMPUS DEVELOP- MENT PLAN FOR LORAS COLLEGE TO ALLOW CONSTRUC- TION OF ; A NEW WELCOME CENTER. NOW, THEREFORE, BE IT ORDAINED BY THE 1 CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code , of Ordinances, Unified Development Code; be amended by providing for the approval -of an amended campus development plan for Loras Colleges. ID Institutional D strict, a copy otwhich s on file with the City of Dubuque Planning Ser- vices Department. Section 2. Institutional District Regulations: A. Use Regulations. The following regulations shall apply I to, all uses made of land in the above- described ID Institu- tional District: 1. Principal permitted uses shall be 'limited to: a. Colleges and universities. b. Vocational schools.` c. Seminaries. d. Offices foradmin- istrative personnel or other institutional' em- ployees and affiliates. e. Churches, libraries and museums. f. Classrooms, labor- atpries, lecture halls, and similar places of institution. g. Off-street parking and loading. h. Recreational qr athletic facilities for the primary use and benefit of the institutional residents or affiliates. i. Single-family, two- family, or multi -family dwellipgs for the housing of institutional residents or affiliates. 2. 'Accessory. Uses: The following uses shall be permitted as accessory uses in the above-described ID Institutional District: a. Located entirely within a principal building, bookstores or bars seating not more than severity-five(75) persons' at one time and located riot closer than two hundred feet (200') from the nearest residential or office residential district. b. All uses custo- rnarily incidental and subordinate to the principal use it serves, but "notto` include commercial use 'out- side the principal building. 3. No conditional uses shall be allowed.' B. Lot. and Bulk Regulations Development of land in the ID Institutional District shall be amended: as follows: The proposed new Welcome Center shall be located in conformance with the attached campus development plan and all final site devel- opment plans are to be approved in accor- dance with provisions of the ID Institutional District regulations. C. Performance Standards The development and maintenance of uses in ;:this ID Institutional District shall be established , in conformance with Article 5-22 of the Unified Development Code and the following { standards; 1? New outdoor lighting shall use 72 - degree cut-off 'light fixtures. 2. Landscaping shall be provided in compliance with r the Unified Development Code Article 13. 3. All utilities, including telephone and cable television,, shall be installed underground. 4. Final ` site development plans) shall be submitted in .accordance with Uni- fied Development Code Articles 12 and 13. D. Parking, Requirements The off-street parking. requirements for the principal permitted' uses for the herein described ID Institu- tional District shall be regulated as follows: 1. A minimum of 1,190 off:street - parking spaces shall be maintained for the Lords. College Institu- tional District. 2. Any • significant expansion or reduction in the number of off- street parking spaces mustbe, reviewed by Planning Services staff for compliance with the adopted institu- tional district require- ments. E. Sign Regulations The sign regulations shall be the' same as that which are allowed in the ID Institutional District as established in Article 15 of the Unified Development Code. F. Additional Stan- dards That all previously approved campus development plans are hereby amended to allow for the attached development plan. G. Transfer of Ownership Transfer of ownership or lease of property in this ` ID, Institutional District shall include the transfer or lease agreement a provision that the purchaser or lessee "acknowledges awareness:. , of , the r, conditions; authorizing i the establishment .of this district: H. Modifications Any modifications, of this Ordinance must be approved by the City • Council in accordance i, with zoning reclass- ification proceedings. lr of Article - 9 of the Unified . Development Code. Section 3. The' foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 4. This Ordinance shall take effect immediately' upon publication, as provided by law. Passed, approved and, adopted this 15th day of December, 2014. /s/Roy D. Buol, Mayor Attest: /s/ Trish L. Gleason, Assistant City Clerk 1t-12/19 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: December 19, 2014, and for which the charge is $52.32. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this day of &ea...le-co-yrs el) , 20 /'-. 1:0 Notary Public in and for Du uque County, Iowa. WESTERMEYER ornrrilselori Number 154885 My Comm, E 1, 2017 THE CITY or City of Dubuque DT T� Planning Services Department lJ Dubuque, IA 52001-4805 Masterpiece on the Mississippi Phone: 563-589-4210 Fax: 563-589-4221 pla n ni ngtacityofdu b uaue.ora PLANNING APPLICATION FORM ❑Variance ❑Preliminary Plat ❑Simple Subdivision ❑Certificate of Appropriateness ❑Conditional Use Permit ❑Major Final Plat ❑Text Amendment ❑Advisory Design Review(Public Projects) ❑Appeal ❑Minor Final Plat ❑Temporary Use Permit ❑Certificate of Economic Non-Viabilitv ❑Special Exception ❑Simple Site Plan ❑Annexation ❑Historic Designation Choose one ❑Limited Setback Waiver ❑Minor Site Plan ❑Historic Revolving Loan ❑Demolition XRezoning/PUD/ID ❑Major Site Plan ❑Historic Housing Grant ❑Port of Dubuque Design Review Please type or print legibly in in Property owner(s):Loras College Phone: 563-588-7011 Address: 1450 Alta Vista St City: Dubuque state: IA Zip:52001 Fax#:563-588-7083 Cell #: E-mail: john.mcdermott@loras.edu Applicant/Agent: Phone: Address: 755 Loras/1450 Loras Parkway city: Dubuque state: IA Zip:52001 Fax B.5635887083 Cell #: E-mail: Site location/address:755 Loras/1450 Loras Parkway Neighborhood Association:Select Existing zoning: Select Proposed zoning: ID District:Select Landmark: El Yes ❑ No Legal Description (Sidwell parcel ID#or lot number/block number/subdivision): Lot 1 City lot 74 Total property(lot)area(square feet or acres):64 Describe proposal and reason necessary(attach a letter of explanation, if needed): see attached 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 re a , grap i'c materials are attached. Property Owners • __/10- II//��/.�'/• 7�/j _,, - / Date: Applicant/Agent: " • ` `r " U'^� Date: FOR OFFICE USE O Y— PPLICATION SUBMITTAL CHECKLIST Fee: 7.#?/• DOteceived by: Date: ��/ Docket: Entering into Phase Two, and as defined by the previously proposed overall plan for the initiative,Loras Parkway will expand in fall 2015 with a new Welcome Center featuring Einstein Bros. ® Bagels at the corner of Loras Boulevard. Constructed at the corner of Loras Parkway and Loras Boulevard, the approximately 4,000 square foot single story addition will be placed on top of the existing Boiler Room building that has occupied that corner since it was built in 1914. Loras College sits on 64 acres with over 1.1 million square feet under roof. The addition to the existing Boiler Room structure will be of a brick and stone veneer exterior and its first tenants will be the second Einstein Bros. Bagels in Iowa. The facility will be operated by Aramark, the same company that provides campus dining services for Loras College. Einstein Bros. Bagels has over 200 stores on the nation's college campuses with 100 of those managed by Aramark. Twelve new college campus stores were opened in August of 2014. Typically on college campuses it's a grab and go type of business. Loras College plans to do a limited amount of seating. Anticipated hours of operation will be 7am to 9pm M- F. Weekend hours will be evaluated based on product demand. There will be no detached signage. In the previously amended ID district, there was approval for the renovation of the existing Physical Plant along with the 2008 construction of the Athletic and Wellness Center. The Physical Plant is located approximately thirty five feet north of the proposed site. We are requesting that a future renovation of the Physical Plant, 1450 Loras Parkway, be considered for retail use also. Loras owns the property to the north, east and west and the residential property from 776 Loras Boulevard to 880 Loras Boulevard to the south. The Loras Parkway project began in 2010 when Loras College purchased a section of Cox Street from the City of Dubuque. Since then, Loras Parkway has transformed into a pedestrian walkway and common area where students, faculty and the Dubuque community can converge Once completed, Loras Parkway will bridge upper and lower campus by providing a scenic welcome plaza, retail building, water feature and a veteran's memorial commemorating Loras College veterans who have selflessly served. On behalf of Loras Colleges Faculty, Staff and particularly Students, we are asking for the approval of the request to amend the ID district. 11111111111 loras parkway 111111111410ON 11 � t � 70 .n c� 0 office space vALA,DIMENSIONS ARE APPROXIMATE �.� '■■ views ■`` �.� Loras College Concept Diagram of Hospitality Security Building GLTArchitects I August 24, 2011 2 1,ar nJ. 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(u'Rom CE DETM. m a .� HF.I1M6 p- t(,ze)>wgfM lM, (en (v) e a o e q HNR , / r.......v....... ..� / S A _W-.:: (� D \ J N♦ UR U O / sr ypN JDpMEL L IpIN rwzN? bzN Z R C C ,01e Crit LOT be. x«LNur HALL n Z. g ra wr mn 'ew3 000 6QWc 'F TSESUB ,00 O `a @/ ~ _ LORAS BOULEVARD (e°reop s73.14'tz•w 58283' _ / ( 't ('uJ (>al 1 6 'C wl uio , I frbz7 -� ror z (507 BIZJ sM1eel NO. gn. Y (rbs) (5D'J xu aw(Ts). x« c`cv a„ ca //R�� //�� w.w'mrC l T E nz'mn O T Tao W O9e ba) s s .. 2' ` m M U R R A Y S A D D T 1 0 N _ �a_u .`s V\ 'V( w sD'mr! E vs'mt a ¢¢ W Lor e4r Lon fs0') MMR mi f lbi erg LOT ere fm D a( yJ;• h � h MC DANIEL ( ;sg $ S U B D I VIS 0 Pm1ec[ND: 12735 THE CITY OF Dubuque _p - DUB E A j tlj►► Masterpiece on the Mississippi ZONING ADVISORY COMMISSION Vicinity Map ID m -z Applicants: Loras College os Location: 755 Loras/1450 Loras Pkwy Description: Addition to existing Boiler Room. Legend C Boiler Room N olsudhue A:This laam�emnwas en Syeasusingthe 'S R_ I)s units Nei Gdied of b Inlametlon System ue and 1,wHce Dulutles tlae creaetl by ban lee Clry of pubuque eM Dub. County. It Ie usGeMooEteed,v.Mlehe pry, Oubupueee infoonnetton egercies ldi,.. e ,lora eMaceuivttee.uron or a or,ff of he LLs s�gpordta do not wema the e¢ureq a mr�rayame lageode n a date containedherian.The City and diefidpling �T be eelE Rabb IaeMmred.Int12d.1ndOcntel,consequerNel. s shall hat pimilive,orspeclel Canapes,wlrt[ettfcrcmrobb a uaaeseeebde,er the out aMe autiuse isatau,eutout of, 9`Y ore e�eeeen of wernnty sweetb�LLyb use this tlnh or Many iN FypSE 1:3,000 NORTH 9 Base Data Provided by Dubuque County GIS Path:H:\Planning Services\EVBWrcGISMaps\Vicinity Map_LorasCollege.mzd Dubuque THE CITY ui�id OF f�i DUB E Masterpiece on the Mississippi Nr IN,1 November 25, 2014 TO: Zoning Advisory Commission FROM: Kyle L. Kritz, Associate Planner SUBJECT: Amendment to Loras College's ID Institutional District to construct a Campus Welcome Center. INTRODUCTION Loras College is proposing to add a new Campus Welcome Center at the corner of Loras Parkway (formerly Cox Street) and Loras Boulevard. A new level will be constructed on top of the boiler Room Building. The new Welcome Center will have a small cafe of approximately 900 square feet in size that will feature Einstein Bros. bagels. In addition to the Boiler Room building, the existing physical plant located next door at 1415 Loras Parkway may be a potential location for a campus-oriented retail use in the future. Attached to this memorandum are Loras College's application, a description of the proposed changes to the campus and renderings. DISCUSSION The Unified Development Code (UDC) requires amendments to the Institutional District when the physical area of the campus is being expanded or there is a significant on- campus expansion. The proposed addition to the Boiler Room building will be to construct an approximate 4,000 square foot addition on top of the existing Boiler Room building resulting in a total of 8,000 square feet under roof. The information from Loras College describes the operation of the new Welcome Center and the cafe featuring Einstein Bros. Bagels, including hours of operation, seating and outdoor signage. The second part of the proposed amendment to the Loras College campus is regarding the physical plant located approximately 35 feet north of the Boiler Room building. In 2006, the Loras College campus ID District was amended for construction of the Athletic and Wellness Center. As part of that plan, the physical plant building was anticipated to be a location for future athletic department offices. Loras College now wishes to amend that portion of the plan to allow the physical plant to also be used for a campus retail area in the future. Typically, college campuses have retail areas within their campus for the selling of daily living needs as well as apparel featuring the college's athletic teams. The Institutional District allows places of institutional assembly and offices as principal uses. The expansion and renovation of the Boiler Room building and physical plant are Memo to Zoning Advisory Commission Page 2 interpreted by Planning staff as being principal campus buildings. The provision of a small cafe featuring bagels in the new Welcome Center and a retail shop in the renovated physical plant meet the criteria of accessory uses and both are customary on a college campus. The following are the definitions of Principal Building, Principal Use and Accessory Use from the Unified Development Code. Building, Principal: shall mean a building within which the main or principal use of the lot or premises is located. Also see Use, Principal Use, Principal: the main use of land or structure, as distinguished from an accessory use. Also see Building, Principal. Use, Accessory: a use incidental, related, appropriate and clearly subordinate to the main use of the lot or building, which accessory use does not alter the principal use of the subject lot or affect other properties in the district. Planning staff does not object to either of the two proposed changes to the Loras College campus as both facilities will primarily benefit students, faculty and staff. Neither represents a major change to campus in terms of the number of people going to and from the campus. While these facilities are open to the public, the vast majority of people utilizing will be the college's students, faculty and staff. RECOMMENDATION Planning staff recommends the Zoning Advisory Commission review the enclosed information and the Standards for ID amendments contained in Section 5-22-4(D), and then make a recommendation to the City Council. KLK/mkr Attachments ,ti Q ' � - a . . n; �� , . � {;54 V � } I ,_ ;.._� .'., x _. � _ i. s�'. �' ����,,-w - ,�:•''�'' ,. -� r. cam. �--F- �. . _w �3�- `' .�.•� ,: �.,'-�, Y �. �_. a-` ��'� �. • �.j �' _ Y,. . ... .' "� �� p *'•' ��� � •_ �. �� ���` s' �{ t ���h�` 4�TL: , /i"Y _ rte :--� fly , 4 . _ _ FC��t' '�;, t JRA Y T=, f e r. a 4 - W � i.' h two. ;y Y s Ali NOV zo zoC� D ' C D November 18, 2014 To the Zoning Advisory Commission, PLANNING SERVICES DEPARTMENT I can't believe we received another letter today,telling about still another expansion at Loras College. My husband and I have attended meetings in the past and also wrote letters. It has never done any good, because Loras always got what they wanted at the expense of their neighbors. It all started with the library building. We knew it would mean a parking problem for Belmont St. No one ever parks in the parking lot on top of the hill. Our street is closer to the library and who wants to walk up and down a hill? Then the sports arena was erected. At the meeting we ask about how many students and staff they have and how many parking spaces. We found there were so many more students and staff than there are parking spaces available. They said only 90 more spots would be available for people attending the sports arena. That isn't enough. Loras also put in to have no parking on the street in front of the college. Every time we turn around,they are eliminating parking spaces or not providing parking. They have to know that cars will be parked on the neighborhood streets around them. Because there is no parking along Loras and cars have to be parked on the other side of Loras, it has caused a dangerous situation. To park the car in front of our home(old home with no garage),we have to park facing Loras.. When we get to the intersection,we are playing Russian roulette to get onto Loras. .There are two springs;of water coming,from,the alley and it runs downLoras and a cross that intersection.,You have,to be;quick to pull out.onto the street, because drivers can't see pull out, when they are coming over the hill. It is hard to see cars coming with the students parking on this side of the street. In the winter,it is really bad,because the spring water turns to ice and our tires spin before getting off onto Loras Boulevard. I always hold my breath. It is an accident waiting to happen. When Loras wanted to take over Cox Street,they got their way then,too. Neighbors on the other side of Loras said when the bad weather and snow storms come; they used Cox St.to get over to Loras to be able to get up the hill. Loras Boulevard is one of the first streets plowed. Why is it they have money for new buildings and expansions, but can't afford to put a parking ramp in? If they had a parking ramp, students could pay a fee for their spot. If a car were found on the street with a parking permit,we could call Loras security to fine them.. If this seems like an unrealistic request, I can tell you that my own children had to pay a couple of hundred dollars a semester for a computer lab fee,even though they had their own computers and didn't need to use the school's. Loras College has not been agood neighbor, because their neighbors are no concern of theirs. If this new expansion means more people and cars,,without anyregard for their neighbors, my husband and,bare against.it: If we.get another letter saying.they want to"put in a parking ramp,we will be all,for that, ,Until then,we,don't want to see any expansions or new buildings. Sincerely, Tom and Sandy Cullen (1358 Belmont St.) November 19, 211 D IZ (� X10 15 2 LNO:V 7_ 4 ?_l0/14D City of Dubuque Planning and Zoning Department 50 West 13th St . CITY OF DUBUQUE Dubuque, IA 52001 PLANNING SERVICES DEPARTMENT Dear Members of the Zoning Advisory Commission: Re: Loras College' s proposal. We object to any retail or commercial uses and/ or accessory uses that are not totally contained and operated within a principal/main building (such as library, Alumni Center) . We object to any outside advertising (detached or attached) relating to these uses . We object to any such uses located closer than 2001 to the residential district. Loras' proposal is not located within a principal building; it does not prohibit outside attached advertising and is located closer than 200' to a residential district . City of Dubuque Code 16-5-22-3: Accessory Uses: The following uses may be permitted as accessory uses . All other uses customarily incidental to the principal permitted use in conjunction with which such accessory use is operated or maintained, but not to include commercial uses outside a principal building. As an accessory use to an educational institution and located entirely within a principal building, bookstore, or bar seating not more than seventy five (75) persons at one time and located not closer than two hundred feet (2001 ) from the nearest residential or office residential district . Restaurant or cafeteria, flower shop, gift shop, and candy, cigar, or magazine stand but only when operated and located entirely within a principal building. We contend that the proposed use (Einstein' s Bros. Bagels as tenants) and the proposed retail/commercial use of the Physical Plant would not conform to the city code 16-5- 22-3 . 1. Einstein' s Bros . Bagels as tenants (average size 2300 to 2700 sq. ft. ) in the proposed building would not be located entirely within a principal building. The Loras College Planning Application Form shows a proposed building plan with one open room 461x 801 . This implies that the 3680 square foot room would be mainly for the bagel store and thus not located within a principal building such as a library. The bagel store would thus be the principal use of that building. 2 . Einstein' s Bros . Bagels being the principal use of the proposed building and being very conveniently located to public access from Loras Blvd. , would be equivalent to rezoning this location for a commercial fast food restaurant . 3 . This commercial and retail use of the proposed building and Physical Plant would be located directly across the street and within 200' of a residential neighborhood. The entire south side of Loras Blvd. in this area is zoned R2 residential. Although Loras College currently owns some of these residences as investment properties, they are zoned R2 (not institutional) and the closest residence is not owned by Loras College. 4 . The proposed reason that Loras College wanted to close Cox St . to traffic was that their student population was unable to safely negotiate Cox St. This proposed public commercial expansion on the new Loras Parkway, formerly Cox St. , will only bring more traffic for the Loras student . 5. This proposed commercial district would add to parking problems in the neighborhood. 6. The proposed operating hours from 7 am. to 9 pm. M- F do not include potential weekend hours, preparatory baking hours and delivery times . The current deliveries at the Alumni Center feature loud continually idling of semi- tractor trailer trucks starting from approximately 3 am. to 6 am. The proposal will onlyincrease this and bring it closer to a residential district. 7 . Mr. Kyle Kritz said that the University of Dubuque and Clarke University have restaurants and retail shops . The University of Dubuque and Clarke may have restaurants and retail shops, but they are located and operated with no outside signage detached or attached, and are completely within principal buildings and are more than 200 ` from residential districts . If Loras College believes that a bagel or other restaurant is necessary for their students, then they should locate it in a principal building such as their library, or Alumni Center where their other dining hall is located. Also, any retail stores that Loras College deem necessary for the principal use of their students should be located within principal buildings, such as their library, or classroom buildings. Allowing these changes as proposed would change the educational intent of the Loras College ID district to that of a commercial/retail district . This action effectively allows a fast food restaurant and strip mall directly across from a residential neighborhood. The intent of zoning is to protect the investment which citizens make in their properties. Zoning changes should only be made for very serious reasons . We respectfully request that you deny this proposal. JRM Trust, James R. Mai Trustee 750-754 Loras Blvd. December 4, 2014 Mayor Mr. Roy D. Buol 2640 Becker Court Dubuque, IA 52001 Dear Mr. Roy D. Buol: Re: Loras College's proposal. (Monday December 15, 2014 City Council Meeting.) The retail/commercial use of the proposed building and Physical Plant building would not conform to the city code 16-5-22-3. This code states: ********************************************************** ID District. City of Dubuque Code 16-5-22-3: Accessory Uses: The following uses may be permitted as accessory uses. All other uses customarily incidental to the principal permitted use in conjunction with which such accessory use is operated or maintained, but not to include commercial uses outside a principal building. As an accessory use to an educational institution and located entirely within a principal building, bookstore, or bar seating not more than seventy five (75) persons at one time and located not closer than two hundred feet (200') from the nearest residential or office residential district. Restaurant or cafeteria, flower shop, gift shop, and candy, cigar, or magazine stand but only when operated and located entirely within a principal building. ********************************************************** Although not stated in the code, a principal building is one of substantial size and used for the principal purpose of the institution (in this case education). Both the proposed restaurant and retail uses would be within two hundred feet (200') of a residential district. This commercial and retail use of the proposed building and Physical Plant building would be located directly across the street and within 200' of a residential neighborhood. The entire south side of Loras Blvd. in this area is zoned R2 residential. Although Loras College currently owns some of these residences as investment properties, they are zoned R2 (not institutional) and the closest residence is not owned by Loras College. This alone is enough reason to deny this proposal. (This was not discussed at the zoning advisory meeting, although it was stated in my letter.) The proposed use (Einstein's Bros. Bagels) and the proposed retail/commercial use of the Physical Plant building would not be located within a principal (educational purposed) building. The code allows the proposed uses "only operated and located entirely within a principal building". Allowing these changes would change the educational intent of the Loras College ID district to that of a commercial/retail district. City planner Mr. Kyle Kritz, at the Zoning Advisory Commission meeting of 12/3/14, agreed that this would be located on a high traffic corner and not buried into a large Keane Hall (principal educational building). Mr. Stephen Harde voted to deny the proposal at the 12/3/14 Zoning Advisory Commission meeting. He stated that the location would lend itself to a lot of general public use and that it would be incongruous to put this on a pedestrian parkway. Approving this proposal would cause potential problems and be fraught with peril. The intent of zoning is to protect the investment which citizens make in their properties. Zoning changes should only be made for very serious reasons. While we may argue the exact definition of principal building, I think it is obviously the intent of this code (city code 16-5-22-3) to force all institutions to hide these types of accessory uses within their campuses. These proposals directly oppose the intent of this wisely written code. We respectfully request that you enforce the code and deny these proposals. JRM Trust, James R. Mai Trustee 750-754 Loras Blvd. 1 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: December 05, 2014, and for which the charge is $29.87. Subscribed before me, a Notary Public in and for Dubuque County, Iowa, this gli* day of4, c—G‘) , 20 _Z7. Notary Public in and for Dubuque County, Iowa. MARY K, 'WESTERMEYER Commission Number 154885 My Comm, Exp, FEB, 1, 2017 CITY OF DUBUQUE, OFFICIAL NOTICE' .,NOTICE g is'' hereb given that the Dubuqu City Council . ' wi conduct nubile hea mgs `"atia "meeting. t commence 'at 6:30 p.m on, Monday, Dece'nb; 15; 2014,,in the Histori Federal "Buildings 35 West 6th Street, on,th foliov�ing • ' ` Institutional Distri Request by Universit of Dubuque ,to amen the, institutional :'' Dis trict on :Auburn Stree to construct a: ;,new educational facility; adjoining the -Univer- sity Science Center. Request by Universit of Dubuque to amend the Institutional Dis` trict " on " McCormick Street to-` construct .ars addition to the Stoltz Center gymnasium 'to increase the seating capacity. Request by Loras College to amend ;the Institutional. District at 755 Loras /1450. Loras Parkway (formerly: Cox Street). to create an addition to the existing Boiler Room building. Rezonings • Request by Brian Kane, / Warrior Enter- prises, LLC to"- rezone property located ` at 2075 -Holliday` Drive (Lot ,1. of 'Holliday; 6th Addition) from C-2< Neighborhood „ Shop- ping CenteraDistrict to General >Commer- cial zoning district. Planned Unit Devel- opment ,;(PUD) 1Sign, Amendment Request] by Dubuque Humane Society , / Maria Benham, to amend the Dubuque Industrial Center Plan- ned Unit Development to permit an electronic , message sign at 4242 Chavenelle Road.. Copies of supporting documents for the public hearings are on file in the. City Clerk's Office, 50 W. 13th . Street .and "may, 'be, viewed during"normal working hours. Written comments regarding ,the above , public hearings may be submitted toothe City Clerk's-- Office on or before said time of public hearing at 50 W. 13th Street, or ctyclej-k@cityofdubu que.org., At said time and place: of public: hearings all interested" citizens and . parties will be' given an opportunity " to __ be heard for or_against said rezoning. Any visual or hearing 1 impaired persons need- 1 ing special assistance or persons with special accessibility , needs y e .II r-' of er c, 0 e ct yi d y_1 should contact the City Clerk's. Office at (563) 589-4100 or TDD (563), 690-6678 at least 48 hours prior to the meeting. Trish L. Gleason, CMC Assistant' City Clerk: it 12/5.,