Request to Rezone 1690 Elm Street_Carner_Hearing Copyright 2014
City of Dubuque Public Hearings # 2.
ITEM TITLE: Request to Rezone 1690 Elm Street
SUMMARY: Proof of publication on notice of public hearing to consider
approval of a request from Gary Carner to rezone property
located at 1690 Elm Streetfrom LI Light Industrial to C4
Downtown Commercial 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
1690 Elm Street from LI Light Industrial District to C4
Downtown 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
Proof of Publication on Notice of Hearing Supporting Documentation
Suggested Motion Supporting Documentation
Planning Services Department Dubuque
City Hall ICi THE CITY,OF
50 West 13fStreet aoa�tcarar Ds E
Dubuque,IA 52001-4864 I I /r ll_!�
(563)589-4210 phone
(563)589-4221 fax W1. M.mu Masterpiece on the Mississippi
(563)690-6678 TDD
planning@cityofdubug ue.org
April 11, 2016
The Honorable Mayor and City Council Members
City of Dubuque
City Hall — 50 W. 13th Street
DubuquelA 52001
Applicant: Gary Carner
Location: 1690 Elm Street
Description: To rezone property from LI Light Industrial to C-4 Downtown Commercial
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, and stated that if approved, it will provide a
better mix of uses that will facilitate finding tenants for the building.
Staff reviewed the staff report, reviewing surrounding zoning and land use and the
availability of off-street parking on the site. Staff reviewed the differences in allowed
uses between LI and C-4 Districts.
There were two public comments. One person spoke in support of the rezoning as a
positive investment in the neighborhood. The other person addressed the Commission
with concerns that the site would develop into a junk yard.
The Zoning Advisory Commission discussed the request, reviewing the allowed uses in
the C-4 District and received information from staff that the C-4 District does not allow
junk or salvage yards.
The Commission discussed the request and were supportive of the rezoning as it is
more compatible with surrounding zoning.
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.
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
Jerelyn O'Connor, Neighborhood Development Specialist
Service People Integrity Responsibility Innovation Teamwork
r23H Cm or Dubuque Planning Services Department
City Hall-50 West Ir Street
� `�'[� Dubuque,IA 52001.4805
I .C7 - E �' (563)589.4220 phone
(563)589-4221 fax
8 TDD
Masterpiece on the Mississippi M.=.� {5n)na@dt &vb
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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-Viabillty
❑Special Exception ❑Simple Site Plan ❑Annexation ❑Historic Designation
❑Umited Setback waiver ❑Minor Site Plan ❑Historic Revolving Loan ❑Demolition in Conservation Districts
❑Rezoning/PUD/ID ❑Major Site Pian ❑Historic Housing Grant ❑Pork of Dubuque Design Review
Please type or print legibly in ink
Property owner(s): Gary Carner Phone: 563.543.7424
Address;. 1800 Washington Street city; DubuqueStagy: IA Zp; 52001
Fax#:563.556.0468 Cell*: 563.543.7424 E-mail: Yankee3LLC(a)-gmai1.com
Applicant/Agent: Same Pte:
Address: City: State:dip:
Fax#: Cell
Site location/address: 1690 Elm Street b,hbpAq Washington
Existing zoning: 0L I Proposed zoning: C-4 District: DUBA Landmark: ®Yes ❑ No
Legal Description(Sidwell parcel ID#or lot number/block numb/subdivision): Parcel 1024279001
Total property(lot)area(square feet or acres): 1 acre
Describe proposal and reason necessary(attach a letter of explanation,if needed): To allow more flexibility of the
variety of tenants we can offer the property to.
CERTIFICATION: I/we,the undersigned,do hereby certify/admowiedge 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.
PropertyOwner(s): MetX LLC Date; 03/03/2016
Applicant(Agent:_ 6 A^"r C'"M°" Date: 03/03/2016
FOR OFFICE USE ONLY—APPLICATION SUBNITTAL CHECKLIST
Fee _ X34• Rive!by: �]5i— Date: �� ` Docket:
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STAFF REPORT Zoning Agenda: April 6, 2016
Property Address: 1690 Elm Street
Property Owner: Gary Carner
Applicant: Gary Carner
Proposed Land Use: Medical Office Proposed Zoning: C-4
Existing Land Use: Office/Contractors Shop Existing Zoning: LI
Adjacent Land Use: North —Vacant/Res/Commercial Adjacent Zoning: North — LI
East — Railroad/Bee Branch East — MHI
South — Salvage Yard South — HI
West— Residential/Commercial West — C-1/R-3
Former Zoning: 1934 — HI Total Area: 1.3 Acres
1975 — LI
1985 — LI
Property History: The subject property was subdivided circa 1890 and a three story
brick industrial building built on the lot in 1901. After subsequent additions the building
was expanded to approximately 14,000 square feet per floor and a significant portion of
the building converted to office use and contractor's space for Lamar (formerly Hardie)
Outdoor Advertising.
Physical Characteristics: The property is an approximately 1.3 acre level lot that
accommodates a three-story brick building, a 7,000 square foot contractor's garage and
a 45 space parking lot. The property is bounded by public right-of-way on three sides
and by railroad right-of-way on the fourth. Access to the property is taken from 161h
Elm and 17th Streets.
Concurrence with Comprehensive Plan: The 2030 Future Land Use Map designates
the area for light industrial use.
Impact of Request on:
Utilities: Existing utilities are adequate to serve the site.
Traffic Patterns/Counts: Based on 2013 IDOT traffic counts, there are 2,000
average daily trips along Elm Street and 4,350 average daily trips on 16th Street
just south of the subject property. Conversion of the property from office and
Rezoning Staff Report— 1690 Elm Street. Page 2
contractor's shop to medical office may generate additional traffic that will primarily
use 16th Street east and west and Elm Street north and south.
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 fully developed and the only construction activity will generally be
confined to the building interior.
Adjacent Properties: The subject property, if rezoned to C-4 Downtown
Commercial district, would likely increase traffic, activity and demand on parking.
However, the office use should not generate as much heavy truck traffic and
industrial activity as the existing facility.
CIP Investments: None proposed.
Staff Analysis: The applicant is requesting to rezone an approximately 1.3 acre lot
that accommodates a three-story brick building, a 7,000 square foot contractor's garage
and a 45 space parking lot from LI Light Industrial district to C-4 Downtown Commercial
district. The stated intent is to convert most of the main building to medical offices and
possibly have additional commercial space available. The property has been used as
an industrial facility, contractor's shop and office space since it was built in 1901. Most
recently the property housed the offices and shop for Lamar Outdoor Advertising
(formerly Hardie Outdoor Advertising). It is the Lamar Corporation's intent to relocate
their business thus facilitating the sale and adaptive reuse of the buildings and grounds.
The property is bordered by railroad tracks and the Bee Branch linear park to the east,
a salvage yard to the south, a vacant lot and electrical substation to the north and a
bar/restaurant and single- and two-family residential development to the west across
Elm Street.
The C-4 Downtown Commercial district includes 52 principle permitted uses as well as
10 conditional uses. If rezoned, the subject property can be used for any of the uses
permitted in the C-4 district. A principle difference between the LI and C-4 districts is
that C-4 allows upper-story residential development and general retail sales whereas LI
does not. The LI district permits processing and assembly and a recycling facility
whereas C-4 does not. While vehicle related uses are permitted in the LI district, they
require a conditional use in the C-4 district. A copy of the district regulations are
attached to this staff report.
The C-4 district permits uses such as retail sales or a medical office that may generate
more activity, traffic and demand on parking than most LI uses. However, many of the
LI uses such as recycling, processing, packaging and moving and storage may
generate heavier truck traffic and noise. As the Lamar building is currently for sale, an
Rezoning Staff Report — 1690 Elm Street. Page 3
empty building of this size may be difficult to adaptively reuse and idle buildings tend to
contribute to neighborhood blight.
Planning staff recommends the Commission review the criteria established in Article 9.5
of the Unified Development Code regarding reclassification of property.
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Section 2-Land Use Regulations Article 5: Zoning Districts
-w 5-14 C-4 Downtown Commercial
The C-4 District is intended to provide locations in the downtown commercial areas of
r _ the City for a large variety of uses.The C-4 District is not intended to have any applica-
tion in undeveloped or newly developing areas of the City. The regulations for this dis-
trict are designed to encourage the maintenance of existing uses and the private reinvest-
ment and redevelopment of new uses.
5-14.1 Principal Permitted Uses
Department store The following uses are permitted in the C-4 District:
1. Agricultural supply sales
2. Animal hospital or clinic
3. Appliance sales or service
4. Art gallery,museum,or library
5. Artist studio
6. Auditorium or assembly hall
��. 7. Automated gas station
R I,+u S e u M 8. Bakery (wholesale/commercial)
9. Banks, savings and loan, or credit union
10. Bar or tavern
11. Barber or beauty shop
12. Business services
13. Catalog center
Museum 14. Construction supply sales or service
15. Contractor shop or yard
16. Dental or medical lab
17. Department store
18. Furniture upholstery or repair
19. Furniture or home furnishing sales
20. Gas station
21. General office
22. Grocery store
23. Hotel
24. Housing for the elderly or persons with disabilities
MIER 25. Indoor amusement center
26. Indoor recreation facility
27. Indoor restaurant
28. Indoor theater
Service station 29. Laundry, drycleaner, or laundromat
30. Medical office
31. Mortuary or funeral home
32. Neighborhood shopping center
33. Parking structure
34. Pet daycare or grooming
35. Photographic studio
36. Place of religious exercise or assembly
37. Printing or publishing
38. Private club
......... 39. Public,private or parochial school approved by the State of Iowa(K-12)
40. Railroad or public or quasi-public utility, including substation
41. Residential use above the first floor only
42. Retail sales or service
Parking structure
PEI DUB E
Section 2-Land Use Regulations Article 5: Zoning Districts
43. School of private instruction
44. Service station
45. Shoe repair
46. Supermarket
47. Tailor or alteration shop
48. Tattoo Parlor
49. Tour home
50. Upholstery shop
51. Vending or game machine sales or service
52. Wholesale sales or distributor
5-14.2 Conditional Uses
The following conditional uses may be permitted in the C-4 District, subject to the provisions of Section 8-5:
1. Carwash
2. Licensed adult day services
3. Licensed child care center
4. Off-street parking
5. Passenger transfer facility
6. Restaurant,drive-in or carryout
7. Vehicle body shop
8. Vehicle sales or rental
9. Vehicle service or repair
10. Wind energy conversion system
5-14.3 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. Drive-up automated bank teller
4. Wind turbine(building-mounted)
5-14.4 Temporary Uses
Temporary uses shall be regulated in conformance with the provisions of Section 3-19.
5-14.5 Parking
Off-street parking is not required.New surface off-street parking lots are prohibited unless approved by the City
Council.Underground and above-ground parking garages are allowed provided they are an integral part of a new
or existing building.
5-14.6 Signs
Signs shall be regulated in conformance with the provisions of Article 15.
BUBWE
Section 2—Land Use Regulations Article 5: Zoning Districts
i
5-14.7 Bulk Regulations
Min Lot Min Lot Max lot Setbacks Max
Doviritown Commercial Area Frontage Coverage Min Front Min Side' Min Rear 2 Height
Permitted Uses
Residential above 1st floor --- --- --- --- --- --- 75
Vehicle sales 20,000 --- -- --- --- --- 75
Al Other Permitted Uses --- --- -- --- --- --- 75
Conditional Uses
Licensed adult dayservices, 3,500 50 50 – 75
Licened child care center
All Other Conditional Uses --- -- -- 10 --- --- 75
When abutting a residential or office-residential district,a sixfoot side setback is required.
z When abutting a residential or office-residential district,a 20 foot rear setback is required.
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Alley Alley ----- t Midpoint
Height
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Midpoint
Height
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Gable or Hip Roof
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a Property Line }'�, _. _ -.. �Deddme
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Lot Width
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—Lot Frontage Height
Street J Street �k.RRQf
Alley Alley
Lot Area
Parking Garage
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Property Line butUable Area
Lot Width
Lot Frontage
5treet _� Street
DUB E
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. 10-16
AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF
ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING
HEREINAFTER DESCRIBED PROPERTY LOCATED AT 1690 ELM STREET FROM
LI LIGHT INDUSTRIAL DISTRICT TO C-4 DOWNTOWN 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 LI Light Industrial District to C-4 Downtown Shopping District, to wit:
Parcel ID #1024279001 and #1024279002, 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 day . April, 2016.
Ric W. Jones, M : or Pro -Tem
Attest:
Kevin •.'Firnstahl,City Jerk
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
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@cityof dub uq ue.org
Gary Carner
1800 Washington St
Dubuque IA 52001
Dubuque
hital
All-amedcaCIty
1111E'
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 1690 Elm
Street 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.
Sincerely,
Ky>e L. Kritz
Associate Planner
Enclosures
cc: Kevin Firnstahl, City Clerk
Service People Integrity Responsibility Innovation Teamwork