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Request to Rezone - 1710 and 1730 University Avenue_Tiefenthaler_Hearing Copyright 2014 City of Dubuque Public Hearings # 1. ITEM TITLE: Request to Rezone - 1710 and 1730 University Avenue SUMMARY: Proof of publication on notice of public hearing to consider approval of a request from Tom Tiefenthaler to rezone property located at 1710 & 1730 University Avenue from R- 2 Two Family Residential to C-2 Neighborhood Shopping Center District 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 1710 and 1730 University Avenue from R-2 Two-Family Residential District to C-2 Neighborhood Shopping Center 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 Proof of Publication on Notice of Hearing Supporting Documentation Suggested Motion Supporting Documentation Planning Services Department Dubuque City Hall bA" THE CITY OF 50 West 13th Street �� Dubuque,IA 52001-4864 1 I I I I. QTE (563)589-4210 phone (563)589-4221 fax ,m,•,ou•ma Masterpiece on the Mississippi (563)690-6678 TDD rolanning,§dtyofdubugue.or¢ April 13, 2016 The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 13th Street DubuquelA 52001 Applicant: Tom Tiefenthaler Location: 1710 & 1730 University Avenue (PIN #10-26-212-005 & 006) Description: To rezone property from R-2 Two-Family Residential to C-2 Neighborhood Shopping Center 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. Commissioner Henschel excused himself from the table. Discussion The applicant spoke in favor of the request, reviewing that the rezoning will facilitate the construction of an access to University Avenue opposite Atlantic Street in compliance with City Engineering requirements. In addition, the rezoning will allow Holy Trinity Church to build a new maintenance building and additional off-street parking. Staff reviewed the staff report, noting that the rezoning would facilitate the development of the adjacent parcel for a Laundromat and ensure that the access to University Avenue complies with the established City Code for access to public streets. A representative of Holy Trinity Lutheran Church spoke in support of the rezoning. No other public comments were received. The Zoning Advisory Commission discussed the request, and felt the rezoning would be compatible with surrounding property and complete the transformation of this triangle- shaped property bordered by Delhi Street, University and North Grandview Avenue. Recommendation By a vote of 4 to 0 with one abstention, the Zoning Advisory Commission recommends that the City Council approve the request. Service People Integrity Responsibility Innovation Teamwork The Honorable Mayor and City Council Members Page 2 A simple majority vote is needed for the City Council to approve the request. Respectfully submitted, Y � Patrick Norton, Chairperson Zoning Advisory Commission cc: Gus Psihoyos, City Engineer Service People Integrity Responsibility Innovation Teamwork THE CITY OF Dubuque City of Dubuque Planning Services Department UB E jlllll Dubuque, IA 52001-4805 Masterpiece on the Mississippi zorz Phone: 563-589-4210 Fax: 563-589-4221 planning0citvofdubuque org 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-Viability ❑Special Exception ❑Simple Site Plan ❑Annexation ❑Historic Designation El Limited Setback Waiver ❑Minor Site Plan ❑Historic Revolving Loan ❑Demolition in Conservation Districts ,S�_Rezoning/PUD/ID ❑Major Site Plan ❑Historic Housing Grant ❑Port of Dubuque Design Review Please type or orint legibly in in Property owner(s): Phone: Address: '`t Fa%��-L AL Gam__ City: State:—Zip:— Fax#: tate: Zip:Fax#: Cell #: A E-mail: Applicant/Agent:: 10411 // 1e 1041 a Phone: Address: #07 5«rfic M61/(// 4,9 City: tCWS State: Zip: Sj"'7YY Fax#: Cell #: r6i` X90 67�Y/E-mail: (� j�urtiicd+ysTeur—rGy Site location/address: Neighborhood Association: �� Existing zoning: Proposed zoning: District: W 0 Landmark: ❑ Yes <No Legal Description (Sidwell parcel ID#or lot number/block number/subdivision): 10-Z&-ZIZ OQA Total property(lot) area (square feet or acres): 19e 0 �T Describe proposal and reason necessary(attach a letter of explanation, if needed):TD tGEzO Nf �/�A 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 materials are attached. Property Owner(s): Date: QG Applicant/Agent: Date: 3 , 1 1 , /V FOR OFFICE USE ONLY—APPLICATION SUBMITTAL CHECKLIST FeeReceived by: Date: ocket: Cock 5335 'a y •? t, ~ +: • Ally'4'-,/! j , jR 7'HE CITY OF Dubuque 01 a. .. • , 1. r Y. ✓ L L 1'MericaCil' Masterpiece on the Mississippi ER YP PP rdi_pti.zau U r � Vicinity Map 46 .� � z +i: w , 'Air4• Applicant: Tom Tiefenthaler Location: 1710 & 1730 University Avenue Jm 31t (PIN 10-26-212-005 & 006) UNIVERSITYis "n r' orDescription: To rezone property from R-2 Two-Family Residential to f �, C-2 Neighborhood Shopping *_ Center District. 44 'lot . r b ' ""t Legend yf� - Applicant Property O Q Notified Properties A 7.414 I 1• ( +r. �, . �t}! -.._ r mscbAlmEfi This Information was compiled using the ritei" "e A OubuqueAm.GeogrepM1T Information System(DAGIS).which GRACE includes data created by both the ay of Dubuque and v1 'utedUeG try. Itunderstoodthl whiletheCity r Du Men dparticipating 9encies utilized th1 current ^I a • n�t�. -1 y i d rat Information availableOAGIS and 1suppliers do I V —�!! 4 . 'SI it4 ( contained of m m m r s data A )) ■r NN {Y teh re . TheCtyand participating agencies shall not ,N\ yy ! b laid l'ablef ytl' es tl 1 ' 'tl 1 guenf el 42 • •1 punitiveeable,special damages bathe foreseeable unauthorized anal ng old of the authorized or unforese ,• ' Int: r-,' , ; r bract lois arrant theitatilltyto use this data or out oferry _ .r� -r•.. �� , w� a•� � breech of Henry whatsoever. '•� - '-�'.. �. , ' .. 2013 DWiu[plu County PiCtonaetry- Page 1 of 1 Kyle Kritz- Zoning Change for 1730 University From: Chesterman John M<ChestermanJohnM(OJohnDeere.com> To: "Tom Tiefenthaler(tief@iowatelecom.net)" <tief@iowatelecom.net>, "TomTi... Date: 03/16/2016 8:15 PM Subject: Zoning Change for 1730 University CC: JoAnn Kopp<holytrinluth@gmail.com> Kyle, As we discussed, Holy Trinity Lutheran Church (HTLC) would like to piggy back the zoning change of 1730 university owned by HTLC onto the requested change of 1710 University from R2 to C1 (? I believe). The request would relate to the future planned use by HTLC for a new maintenance garage and some additional over flow parking. The timing of this project is not and the near term and will be determined in the future. Let me know if you need any more information. Thanks, John Chesterman President Chuurch Council Holy Trinity Lutheran Church Click here to report this email as spam. file:///C:/Users/kkritz/AppData/Local/Temp/XPgrpwise/56E9BED3DBQ_DODBQ POI... 03/17/2016 STAFF REPORT Zoning Agenda: April 6, 2016 Property Address: 1710 and 1730 University Avenue Property Owner: Holy Trinity Lutheran Church Applicant: Thomas Tiefenthaler Proposed Land Use: Commercial/Parking Proposed Zoning: C-2 Existing Land Use: Vacant Existing Zoning: R-2 Adjacent Land Use: North — Residential/Fire Station Adjacent Zoning: North — R-2 East —Vacant East — C-2 South — Religious Assembly South — R-2 West — Religious Assembly/Residential West — R-2 Former Zoning: 1934 — Two-Family Total Area: 7,900 sq. ft. 1975 — R-3 1985 — R-2 Property History: The subject parcels were developed for residential dwellings between 1900 and 1930 when the street was named Julien Avenue. Recently all of the residential structures have been removed from the subject property and the adjacent property. Physical Characteristics: The property is an approximately 8,000 square foot triangular lot with 130 feet of frontage along University Avenue and 150 feet of adjacency along a platted public alley. The property slopes slightly with approximately 8 feet of grade change between the high point along the alley to University Avenue. Concurrence with Comprehensive Plan: The 2030 Future Land Use Map designates the area for single and two-family residential dwellings. Impact of Request on: Utilities: Existing utilities are adequate to serve the site. Traffic Patterns/Counts: Based on 2013 IDOT traffic counts, there are 6,000 average daily trips along this section of University Avenue and 6,600 average daily trips along North Grandview Avenue. Rezoning Staff Report — 1710 & 1730 University Ave. Page 2 Public Services: Existing public services are adequate to serve the property. Environment: Staff does not anticipate any adverse impact to the environment provided erosion control is provided during all phases of development, and storm water management complies with adopted City Codes and Policies. Adjacent Properties: The subject property, if rezoned to C-2 Neighborhood Shopping Center District, would likely increase traffic, activity and generate additional ambient light. However, the property backs up to commercial development and a church parking lot and is separated from residential development by the 64 foot wide University Avenue right-of-way. CIP Investments: None proposed. Staff Analysis: The applicant is requesting to rezone two parcels of property located at 1710 & 1730University Avenue from R-2 Two-Family Residential to C-2 Neighborhood Shopping Center District. The subject property is an approximately 8,000 square foot triangular shaped lot located at the southeast corner of a platted public alley and University Avenue. The property has approximately 130 feet of frontage along University Avenue to the north and 150 feet of adjacency with a recently completed green alley to the south. Most of the houses on the south side of University in this block have been removed or are being removed and the three adjacent lots to the east were recently rezoned to C-2 to accommodate a proposed commercial development. The property has been used for residential purposes since its development prior to the 1930s. The residential structures on these lots have recently been removed. The applicant has indicated his intention is to purchase a portion of the subject property to create an access and possible additional parking for the proposed commercial development to the east. Because of its size and shape staff does not anticipate that redevelopment of these lots for parking or commercial purposes will generate appreciable traffic or activity over and above that generated by the adjacent commercial property when developed. The C-2 Neighborhood Shopping Center District includes 21 principle permitted uses as well as 9 conditional uses. If rezoned, the subject property can be used for any of the allowed uses, provided adequate off-street parking can be provided. A copy of the district regulations are attached to this staff report. If the requested rezoning is approved, a site plan prepared by a licensed civil engineer must be reviewed and approved prior to any construction. An approved site plan demonstrates that a new parking lot or commercial building will comply with City regulations for street access, storm water management, utility connections, parking and landscaping. Rezoning Staff Report — 1710 & 1730 University Ave. Page 3 Planning staff recommends the Commission review the criteria established in Article 9.5 of the Unified Development Code regarding property reclassification applications. Prepared by: + _ eviewed: / Date: X-Z& •lG r „ � •,;,,,.,�F f mei' � _ '� . r i 11 t , 1 � F Section 2-Land Use Regulations Article 5:Zoning Districts 5-11 C-2 Neighborhood Shopping Center ll'. 1 /CIPt iC i:. The C-2 District is intended to ensure that the size of the commercial center,the nature of uses permitted and the locational characteristics are such that the grouping of such low uses will not adversely affect surrounding residences and do not detract from the residen- tial purpose and character of the surrounding neighborhoods. 5-11.1 Principal Permitted Uses The following uses are permitted in the C-2 District: �• = ""'!-'` 1. Appliance sales or service Drycleaner 2. Artist studio 3. Automated gas station 4. Bank,savings and loan,or credit union 5. Barber or beauty shop 6. Furniture upholstery or repair -- - 7. Furniture or home Tarnishing sales 8. Gas station 9. General office 10. Indoor restaurant 11. Laundry,dry cleaner,or laundromat -- 12. Medical office L 13. Neighborhood shopping center Retail sales 14. Personal services and service 15. Photographic studio 16. Place of religious exercise or assembly 17. Public or private park,golf course,or similar natural recreation area 18. Railroad or public or quasi-public utility, including substation 19. Residential use above the fust floor only 20. Retail sales and service 21. School of private instruction i. 5-11.2 Conditional Uses Ins The following conditional uses may be permitted in the C-2 District, subject to the provi- sions of Section 8-5: - - 1. Animal hospital or clinic '~Animal hospital 2. Carwash,self-service 3. Licensed adult day services 4. Licensed child care center 5. Passenger transfer facility 6. Pet daycare or grooming 7. Restaurant,drive-in or carryout 8. Tattoo parlor 9. Wind energy conversion systems 5-11.3 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. Wind turbine(building-mounted) Passenger transfer 5-11.4 Temporary Uses facility Temporary uses shall be regulated in conformance with the provisions of Section 3-19. - DTHECT'OP us rE Section 2—Land Use Regulations Article 5: Zoning Districts 5-11.5 Parldng Minimum parking requirements shall be regulated in conformance with the provisions of Article 14. 5-11.6 Signs Signs shall be regulated in conformance with the provisions of Article 15. 5-11.7 Bulk Regulations Max Lot "S cks C-2 Neighborhood Shopping Coverage i in i e Center (%lot Max I Uses - --- -- 10 30 Minimum 20 feet for garages facing a street. When abutting a rest ential 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. -,-p�- ----------------- Midpoint Lot Area �"t � "Twp '"' Height perry couil le Area Shed Roof ' ' = Midpoint Height �- — — = Gable or HiE Roof —Deckline Height t , Re cored ___ �- Front Mansard or Gambrel Roof Lot Width ., Setback -THighest Level Height I'-Lot Frontage 5treet Street .Dal=R.,.>r ----_- TH6CftYO� Dus E ° I 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 Tom Thiefenthaler 1107 Scenic Hill Lane DeWitt IA 52742 Dubuque kited THE CITY OF All -America CRY 111 2007 • 2012 •2013 RE: City Council Public Hearing — Rezoning Request Dear Applicant: Masterpiece on the Mississippi April 8, 2016 The City Council will consider your request to rezone property located at 1710 & 1730 University Avenue at a public hearing on Monday, April 18, 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. Kyle L. Kritz Associate Planner Enclosures cc: 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 r of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: April 08, 2016, and for which the charge is $21.24. CITY OF DUBUQUE, IOWA I OFFICIAL NOTICE NOTICE IS HEREBY GIVEN that.the Dubu- ' que City Council will j conduct,, .-a public hearing ata meeting to commence at 6:30 p.m. on Monday, April 18 2016, m'-the Historic f Federal Building Coun- cil Chambers (second floor); 350 West 6th Subscribed to before me, a NotaryPublic in and for Dubuque Count Iowa Street) Dubuque, on q Y� tIIEZONINGs this--/ � day of—1 , 20/� Request from Tom Tiefenthaler to rezone property located at 1710& 1730:University Avenue(PIN 10-26-212- 005r& 006);from R-2 Two Family Residential ' to C-2 Neighborhood i Shopping Center. Dis- trict. otary Public in and for Dubuque County, Iowa. Request from Gary Carrier Ito rezone property located at1 1690 Elm Street from LI Light Industrial to C-4 Downtown Commercial District. Written .,c I om.ments regarding the above,i .y public hearings may be 1 MA Lrn F; � +y p submitted to the City ` Gomlnn Number 1 4885 Clerk's Office, ue W. ° 13th St., Dubuque, IA' My G , F%n. FE14, 1,2017 52001, ctyclerk@cityof dubuque.org ; on or j before said 'time of Public hearing.At said time and place of l public hearings all interested citizens and parties will be,given an i Opportunity to be 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:flours or at http://publ icagepda.ci tyofdubuque.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)7 589-.4100 or TTY (563) 690-6678 at least 48 hours' prior to the meeting. Kevin S.Firnstahl, It 4/8 CMC,City Clerk E k 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. 9-16. AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 1710 AND 1730 UNIVERSITY AVENUE FROM R-2 TWO-FAMILY RESIDENTIAL DISTRICT TO C-2 NEIGHBORHOOD SHOPPING CENTER DISTRICT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is hereby amended by reclassifying the hereinafter—described property from R-2 Two -Family Residential District to C-2 Neighborhood Office Commercial District, to wit: Lots 14, 15, and 16 of Morheiser'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 18th .ay of April, 2016. Ric W. Jo ► ayor Pro -Tem Attest: Kevin A. Firnstahl, CitVClerk 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: April 22, 2016, and for which the charge is $20.38. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this r7.T.,Q day of 0 , 20 . Notary Public in and for Dubuque County, Iowa. MARY K,'WESSTERMEYER Cornrnj len Number 154085 +y Cnmry Fap, Ff li, 1.2017 OFFICIAL PUBLICATION ORDINANCE NO. 9-16 AN : ` ORDINANCE AMENDING TITLE 16 OF THE CITY OF DU- BUQUE CODE OF OR- DINANCES, UNIFIED' DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTERDESCRI BED PROPERTY LO- CATED AT 1710 AND 1730 UNIVERSITY AVENUE FROM R-2 TWO-FAMILY RESIDEN- TIAL DISTRICT TO C-2 NEIGHBORHOOD' SHOPPING ' .CENTER DISTRICT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF'DUEUQUE, IO- WA: Section 1. That Title 16 of the City of Dubu- que Code ubu-que`Code of Ordinan- ces, Unified;. Develop- ment Code, is hereby amended by reclassifying the hereinafter -described property from R-2 Two - Family Residential Dis- trict to C-2 iNeighbor- hood Office 'Commer- cial District, to wit: Lots 14, 15, and 16 of Morheiser's ' Sub- , division, ub.division, and to the centerline of the ad- joining 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- lication as provided by law. Passed approved and' addjited this't18th,day of`Api-it; 2016:- I' o' /s/Ric W. Jones, Mayor Pro -Tem Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in li the Telegraph Herald newspaper on the 22nd day of April, 2016. /s/Kevin S. Firnstahl, City Clerk It 4/22