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Request to Rezone 210 Jones Street_Miller Copyright 2014 City of Dubuque Public Hearings # 2. ITEM TITLE: Request to Rezone 210 Jones Street SUMMARY: Proof of publication on notice of public hearing to consider a request from Chris Miller to rezone property located at 210 Jones Street from C4 Downtown Commercial to C-3 General Commercial for climate-controlled storage and commercial/retail use and the Zoning Advisory Commission recommending approval. ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 210 Jones Street from C4 Downtown Commercial District to C- 3 General Commercial District SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion A ATTACHMENTS: Description Type ZAC Letter Staff Memo Applicant Materials Supporting Documentation Staff Materials Supporting Documentation Ordinance Ordinance Suggested Motion Supporting Documentation Planning Services Department D`ub�uque City Hall i THE CITY OP 50 West13�^Street UB TR E Dubuque,IA 52001-4864 I I L' lJ L (563)589-4210 phone (563)5894221 fax mm•mn•mu Masterpiece on the Mississippi (563)690-6678 TDD planning@cityofdubuque.org March 7, 2016 The Honorable Mayor and City Council Members City of Dubuque City Hall— 50 W. 13'6 Street DubuquelA 52001 Applicant: Chris Miller Location: 210 Jones Street Description: To rezone property from C-4 Downtown Commercial to C-3 General Commercial for climate-controlled storage and commercial/retail use. 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 representative spoke in favor of the request, indicating the rezoning was necessary to facilitate development of climate-controlled storage and retail space. Staff reviewed the staff report, reviewing property history, allowed uses in the C-3 District, noting that C-4 zoning does not allow storage uses while C-3 does. Staff reviewed changes to surrounding uses and street patterns as a result of the construction of Freeway 61/151. Staff reviewed off-street parking. There were no public comments. The Zoning Advisory Commission discussed the request, and inquired about access to the building. The applicant replied there was an existing loading dock. Commissioners felt the rezoning would facilitate the adaptive re-use of the building. Recommendation By a vote of 5 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, Y x_ Patrick Norton, Chairperson Zoning Advisory Commission Attachments cc: Maurice Jones, Economic Development Director Service People Integrity Responsibility Innovation Teamwork T1r:crrr ars City of Dubuque DUB E Planning Services Department Dubuque,IA 52001-4805 Phone: 563-589-4210 Masterpiece on the Mississippi Fax: 563-589-4221 Olanning0citvofdubuaue 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 (]Rezoning/PUD/ID ❑Major Site Plan ❑Historic Housing Grant ❑Port of Dubuque Design Review Please type or print legibly in in Propertyowner(s): 210 Jones, LLC Phone, 563-556-4000 Address: 210 Jones Street City: Dubuque State: IA Zip; 52001 Fax#: 563-556-3195 Cell #: 563-556-4000 E-mail: chris@millerdevelopmentgroup.com Applicant/Agent: Chris Miller Phone: 563-556-4000 Address: 1205 Heather Glen City: Dubuque State, IA Zip:52003 Fax#; 563-556-3195 cell #: 563-556-4000 E-mail: chris@millerdevelopmentgroup.com 210 Jones Street Downtown Site location/address: Neighborhood Association: Existing zoning: C-4 Proposed zoning: C-3 District:Old Main Landmark: ElYes ❑� No Legal Description (Sidwell parcel ID#or lot number/block number/subdivision): 1025428014 Or 3-16-8-1 Total property(lot)area(square feet or acres):40,1 58 sf Describe proposal and reason necessary(attach a letter of explanation, if needed): I am requesting a rezoning of the property to accomodate the proposed use of climate controlled storage and commercial/retail use. 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 ed graphic materials are attached. Property Owner(s):/ Date: 2—!— ((e Applicant/Agent: zzDate: FOR OFFICE USE ONLY—APPLICATION SUBMITTAL CHECKLIST Fee. ��L&_7V Received by: ZZO� Date:, Z'Xt Docket: C k.o(G"�/O' e" JV VIA • � � w �, 1S"c. *, UU Dubllqu¢ YB E 7' ..:, wt*5.�4" a°• 2 `� 'a •� LST'a;. Masterpiece on the Mississippi Imu l u �. - '"'�� Vicinity Map �; •`t Applicant: Chris Miller r JONES-�Y"vJ *y �. 'S• " '' - k_ , lop .. , •' _ ,�" TA Location: 210 Jones Street U) ,rip r ,,, Description: To rezone property from C-4 r❑ -� , Downtown Commercial to C-3 General '�_,�uf ,R ': ;o Commercial for climate controlled storag °0 _t `rF `� 4 ti o�Es and commercialfretail use Legend y Applicant Property f � ( Parcels a DIS0.I11MER:Ths IMamellon aes compiled trdW the Is" +F WDuque Nee Geo�ePhlc lMametlan System(DAGIS),wNch yC.R� i �'- Includes dela created by Doth the GH of PA eend illy. �i� .•r "3', T5N" ; �� DU=e Camy n is uncerztmd that stale the City of nI �k a endia tDubseI ate Imomrradon Is k DAA .Mnss pfietetanted sda ' d l 'c.�"8 1 "��{ t'u cot sem2ife amraq orarrercy of melMs. denadata .! �'•�t ,, mNelnea herein. The Cly and neN Incidegspenthaagttmhnot I\ R - ea MMlebishan. McCity lndmct,lhatiftsal no �� �y .. �--Tr•� ,� N '� `� ry PutahK.asPeaalduneges.wnetherr«esae.eba an 3rnw.� - - \ Cy ,ndaeueeme.erl5 at lneGRyto yto eitrodmduse this dedornMmexi zm of eery y '+' '; � MmN ofwmeny whatsoever. .%' - � '. +��x'. 2013Dubuque County PleEgrnetry Section 2-Land Use Regulations Article 5:Zoning Districts 5-13 C-3 General Commercial The C-3 District is intended to provide locations for commercial uses which are designed to serve the motoring public or uses requiring highway or arterial locations. 5-13.1 Principal Permitted Uses The following uses are permitted in the C-3 district: 0 10 1. Agricultural supply sales 2. Animal hospital or clinic 3. Artist studio Department store 4. Auditorium or assembly hall 5. Bakery(wholesale/commercial) 6. Bank,savings and loan,or credit union 7. Bar or tavern 8. Barber or beauty shop 9. Business services ��dtllrr 10. Carwash,full service 11. Carwash,self service 12. Construction supply sales or service 13. Contractor shop or yard 14. Dental or medical lab 15. Department store(60,000 square feet maximum) 16. Farm implement sales or service 17. Furniture upholstery or repair 18. Gas station Indoor amusement 19. General office arcade 20. Grocery store 21. Hotel 22. Indoor amusement arcade 23. Indoor recreation facility 24. Indoor restaurant 25. Indoor theater 26. Laundry,dry cleaner,or laundromat 27. Medical office 28. Mini-warehouse 29. Mobile or manufactured home sales or service t 30. Mortuary or funeral home r 31. Moving or storage facility 32. Museum or library Mini warehouse 33. Neighborhood shopping center 34. Parking structure 35. Pet daycare or grooming 36. Photographic studio 37. Place of religious exercise or assembly 38. Printing or publishing 39. Private club 40, Public or private park,golf course,or similar natural recreation area 41. Railroad or public or quasi-public utility,including substation 42. Residential use above the first floor only 43. Restaurant,drive in or carryout 44. Retail sales and service Vehicle sales 45. School of private instruction or rental nrecmor Dus Section 2—Land Use Regulations Article 5:Zoning Districts 46. Service station 47. Tattoo parlor 48. Tour home 49. Vehicle body shop 50. Vehicle sales or rental 51. Vehicle service or repair 52. Vending or game machine sales or service 53. Wholesale sales or distributor 5-13.2 Conditional Uses The following conditional uses may be permitted in the C-3 District,subject to the provisions of Section 8-5: 1. Licensed adult day services 2. Licensed child care center 3. Outdoor recreation or outdoor amusement center 4. Passenger transfer facility 5. Wind energy conversion system 5-13.3 Accessory Uses The following uses are permitted as accessory uses as provided in Section 3-7: 1. Any use customarily incidental and subordinate to the principal use it serves 2. Crematorium accessory to a mortuary or funeral home 3. Wind turbine(building-mounted) 5-13.4 Temporary Uses Temporary uses shall be regulated in conformance with the provisions of Section 3-19. 5-13.5 Parking Minimum parking requirements shall be regulated in conformance with the provisions of Article 14. 5-13.6 Signs Signs shall be regulated in conformance with the provisions of Article 15. nmcrtvar DUB E Section 2—Land Use Regulations Article 5: Zoning Districts 5-13.7 Bulk Regulations • s. C-3 General Commercial • •_ Licensed adultdayservices, Licensed childcare center 5,000 50 50 20 --- 40 Vehicle sales 20,000 --- -- 211 --- -- --- 40 All Other Uses -- -- — 20 -- 40 When abutting a residential or office-residential district,a 20 foot side setback is required. When abutting a residential or office-residential district,a 20 foot rear setback is required. -- -��--- --- ----, -- - - ---- —Midpoint L ot Area E ; Buildable Area — -- ryeight :5 Pro rty Line ' Shed Roof .YK p 'yW,_ 21 Midpoint eight IGable or Hi Roof Deckline 1 ryeight m� t". -C l _ '4�`.t -- --- '_ Mansard or Gambrel Rod Lot Width 1 Regmred Front S tba k ; Highest Level I•-l.otFrontage —•I - -- Height Street Street ECT Oi DUB E REZONING STAFF REPORT Zoning Agenda: March 2, 2016 Property Address: 210 Jones Street Property Owner: 210 Jones, LLC Applicant: Chris Miller Proposed Land Use: Commercial Proposed Zoning: C-3 Existing Land Use: Vacant Existing Zoning: C-4 Adjacent Land Use: North — Public park Adjacent Zoning: North — LI East— Industrial East — LI South — Industrial South — LI West — Commercial West — POS/C-3 Former Zoning: 1934 — LI Total Area: 0.614 acres 1975 — LI 1985 — LI Property History: The subject property has been used for industrial-type uses since its construction. Most recently, it was used by Disco Home Improvement. Physical Characteristics: The approximately % acre site is flat and is bordered on the north by Jones Street, to the east by Harrison Street, and to west by Bimbo Baking Company. This property is also highly visible from the Locust Street Connector that connects to Highway 20 and 61/151 thru this portion of downtown. Concurrence with Comprehensive Plan: The subject request involves the following Comprehensive Plan Land Use Elements: Goals 2.1, 2.2, 5.2, 7.2, and 7.3. The 2030 Future Land Use Map for this area designates the property for Heavy Industrial. Impact of Request on: Utilities: Existing utilities are adequate to serve the site. Traffic Patterns/Counts: There are no vehicle counts for Harrison or Jones Streets. The section of Locust Street west of the subject property carries approximately 28,600 vehicle trips per day, while the Jones Street Connector immediately east of the subject property carries approximately 20,300 vehicle trips per day. Public Services: Existing public services are adequate to serve the property. Rezoning Staff Report — 210 Jones Street Page 2 Environment: Staff does not anticipate any adverse impact to the environment as the proposed site is almost completely covered with the existing building and paving. Any changes to the zoning of this site will have minimal impact on the environment. Adjacent Properties: Staff does not anticipate any significant impacts to adjacent property. Most likely impact from rezoning the site to commercial would be an increase in the number of vehicle trips into this area. CIP Investments: None proposed. Staff Analysis: The applicant is requesting to rezone the property at 210 Jones Streets from C-4 Downtown Commercial District to C-3 General Commercial District. The property was rezoned from LI Light Industrial to C-4 Downtown Commercial District in June 2006. The property is located adjacent to Locust Street and the Locust Street Connector in downtown Dubuque. The subject building is a two-story brick structure that is highly visible from the surrounding highway and streets. . The applicants are requesting the change in zoning from C-4 Downtown Commercial to C-3 General Commercial to facilitate the conversion of a portion of the building to indoor storage. According to City records, the subject property was zoned LI Light Industrial until its rezoning in 2006 to C-4 Downtown Commercial. Prior to the construction of the freeway in the 1980s, there was a mix of commercial businesses surrounding the property that were removed as part of freeway construction. The area is currently a mixture of C-3, C-4, and LI zoned properties. I have attached a portion of the City's Zoning Map that depicts the zoning in the surrounding area. The subject building is adjacent to the Bimbo Baking Company located immediately east of the site, with loading facilities for the baking company immediately south of the subject property. Access to this site from Jones Street is by way of Highway 61/151. Traffic counts for Harrison Street on the building's west site and on Jones Street on the building's east side are not available, but are low given the need to access the area from Highway 61/151 freeway. Planning staff recommends the Zoning Advisory Commission review the criteria established in Article 9-5 of the Unified Development Code regarding property reclassification applications. Prepared by: fi Reviewed: t1/4 Date: ;7•Z3• /L \ 11 I \\ i 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. 7-16 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 210 JONES STREET FROM C-4 DOWNTOWN COMMERCIAL DISTRICT TO C-3 GENERAL COMMERCIAL 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, Unified Development Code, is hereby amended by reclassifying the hereinafter—described property from C-4 Downtown Commercial District to C-3 General Commercial District, to wit: Lot 122 of City Lot 541, City Lot 542, Lots 1 & 2 of Subdivision No. 2 of City Lot 543, Lot A and Lot 12 of Subdivision D of vacated Shields Street, 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 21st day of Marc , 2016. Attest: Ke,in'S. Firnsta I,C=ify Clerk nese Ma7or Pro -Tem 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 Chris Miller 1205 Heather Glen Dubuque IA 52003 Dubuque kzerd TE -IE CITY OF All -America City 11111! 2007 • 2012 2013 RE: City Council Public Hearing — Rezoning Request Masterpiece on the Mississippi March 7, 2016 Dear Applicant: The City Council will consider your request to rezone property located at 210 Jones Street at a public hearing on Monday, March 21, 2016. Please attend this meeting, or send a representative to the meeting in your place to present your request and answer questions. City Council meetings begin at 6:30 p.m. in the City Council Chamber, 2nd Floor, Historic Federal Building (Post Office), 350 W. 6th Street, Dubuque, Iowa. Please contact the Planning Services Department at (563) 589-4210 if you need more information or have any questions. Sincerely, Kyle L. Krit Associate Planner Enclosures Nicc: Kevin Firnstahl, City Clerk Service People Integrity Responsibility Innovation Teamwork 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 11, 2016, and for which the charge is $21.53. Subscribed to before me, this /,50' day of Notary Public in and for Dubuque County, Iowa, ,20 /6' . CITY OF DUBUQUE,. IOWA OFFICIAL NOTICE NOTICE IS HEREBY GIVEN that the Dubuque :City Council will conduct a public hearing at a meeting to commence at 6:30 p.m. o8 Monday, March 21, 2016, in the Historic Federal Building Coun-1 cil Chambers; (second floor), 350 West 6th Street, Dubuque, on the following: REZONINGS Request from Chris Miller to rezone pro- perty located at 210 Jones Street from C-4 Downtown, Commercial to C-3 General Com- mercial - for climate controlled storage and commercial/retail use. ' Request from Joe Bitter to rezone pro- perty:located at, 3125 Cedar Crest Ridge from CS Commercial Service & Wholesale to C-3 i General Commercial, to permit an , indoor recreation facility. Written comments regarding the above public hearings may be submitted to the City Clerk's Office, 50 W. 13th St., Dubuque, IA 52001, ctyclerk®cityof': dubuque.org on or before said time of public hearing. At said time and place of public hearings all interested citizens and parties will be given an opportunity to be otary Public in and for Dubuque County, Iowa. MARY K. WESTERMEYER Commission Number 184885 My Comm, Fzrl: FEB, 1, 2017 heard for or against said actions., Copies of supporting documents for the public hearings are on file in the City Clerk's Office, and may be viewed during regular working hours or at http://publicagenda.cit yofdubuque.org/. Any visual or hearing impaired persons need- ing special assistance or persons with special 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 It 3/11 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 25, 2016, and for which the charge is $15.91. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this „ yea day of 27,r� e , 20 / . Notary Public in and for Dubuque County, Iowa. MARY K. WESTERMEYER Commission Number 154885 My Comm, Exn. FEB, 1, 2017 OFFICIAL ° PUBLICATION ORDINANCE NO. 7-16 AN ORDINANCE AMENDING. TITLE 16 OF THE CITY OF I DUBUQUE CODE 'OF' ORDINANCES, ° UNI- FIED DEVELOPMENT CODE,BY RECLAS- SIFYING' HEREIN- AFTER,,, EREIN-All ER ; n• DESCRIBED g, 'PROPERTY LOCATED ' AT 210 JONES STREET FROM C-4 DOWN- TOWN COMMERCIAL DISTRICT TO C-3 GENERAL COMMER- CIAL 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,l Ordinances, Unified Development, Code, is hereby amended by reclassifying the here- inafter -described pro- perty from C-4 Down- town Commercial Dis- trict to C-3 : General Commercial District, to wit: Lot 122 of City Lot 541, City Lot 542, Lots 1 & 2 of Subdivision. No. 2 of City Lot 543, Lot A and Lot 12 of Subdivision D of, vacated, Shields Street, 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 21st day of March, 2016. /s/Ric W. Jones, Mayor Pro -Tem Attest: /s/Kevin S. Firnstahl, City Clerk' Published officially in the Telegraph. Herald newspaper on the 25th day of March, 2016. /s/Kevin S. Firnstahl, City Clerk 1t 3/25