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Request to Rezone - 485 North Grandview Avenue_Hartig_Initiate Copyright 2014 City of Dubuque Public Hearings # 1. ITEM TITLE: Request to Rezone -485 North Grandview Avenue SUMMARY: Proof of publication on notice of public hearing to consider a request by Richard Hartig to rezone property located at 485 North Grand View Avenue from OC Office Commercial District to C-2 Neighborhood Commercial 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 485 North Grandview Avenue from OC Office Commercial 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 Citizen Input Supporting Documentation Proof of Publication Supporting Documentation Suggested Motion Supporting Documentation Planning Services Department Dubuque City Hall THE CITY C F 50 West 13th Street At�npa DuB E Dubuque,IA 52001-4864 L (563)589-4210 phone (563)5894221 fax W.M2•mo Masterpiece on the Mississippi (563)690-6678 TDD planning@citvofdubug ue.org July 12, 2016 The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 13th Street Dubuque IA 52001 Applicant: Richard Hartig Location: 485 North Grandview Avenue Description: To rezone property from OC Office Commercial District to C-2 Neighborhood Commercial 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. Discussion Marty Johnson, Straka Johnson Architects, spoke on behalf of Mr. Hartig. He spoke in favor of the request, reviewing that the rezoning to C-2 was necessary to allow an off-premise parking lot. Staff reviewed the staff report, noting the surrounding zoning and land use, the allowed uses in the C-2 District, recent developments in the area, and that the applicant is coordinating with the City Engineering Department regarding access to the parking lot and the roundabout currently under construction. There were no public comments. The Zoning Advisory Commission discussed the request and felt the request was appropriate. 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, Thomas Henschel, Chairperson Zoning Advisory Commission Attachments cc: Gus Psihoyos, City Engineer Service People Integrity Responsibility Innovation Teamwork Dubuque Planning Services Department THE CITY of City Hall-50 West 13` Street �� wurcn2o�r Dubuque,IA 52phone 05 'I I(' (563)589-4210 phone (563)589-4221 fax Masterpiece on the Mississippi (563)690-6678 TDD pG 0w2•vm0.2013 planning@cityofdubuque 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-Viability ❑Special Exception 7Simple Site Plan ❑Annexation ❑Historic Designation ❑Limited Setback Waiver ❑Minor Site Plan []Historic Revolving Loan ❑Demolition in Conservation Districts ERezoning/PUD/ID [-]Major Site Plan ❑Historic Housing Grant ❑Port of Dubuque Design Review Please type or print legibly in in Property owner(s): V�_',+r {^`TY I J Phone: Address: -70 2, 1x1 A-%14 5 t-. City: State: � Zipf: S'Za a\ Fax#: 5^08-- 91 rb cell #: r%3- rg'If E-mail: 1" "(Z%-11 �_Lt�r+,I4rua • cens� Applicant/Agent: � rc1.e.lk 4-* Phone: S b'e- R-7 a-0 Address: -1 0 3 VV%-A-i;I S 4- City: ��•��r.�1= State: `Z�'c Zip: S'X-6c\ Fax#: 5 8S -S-1 % Cell #: 5 mt3 S 1 S7—E-mail:-- '2 L-e->• c�l A.. Site location/address: G{'&S t� a.�� t 2x1 Neighborhood Association: l i Existing zoning: a L Proposed zoning:C_2 strict: /�n,aoJ Ise.✓ Landmark: ❑Yes %No Legal Description (Sidwell parcel ID# or lot number/block number/subdivision): Lo-F `t i Wddoes 5c�i)+J.5.i , iJ Total property(lot) area (square feet or acres): 'K'(j °0 S V:. A%*rt�X . Describe proposal and reason necessary (attach a letter of explanation, if needed): tlf J Ph+k;ag �e L g\ave�S T/ Fat Ne...] QA rr . 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 wri en and graphic materials are attached. PropertyOwner(s): Date: S- /L- 20/L Applicant/Agent: Date: FOR OFFICE USE ONLY-APPLICATION SUBMITTAL CHECKLIST Fee'41433.00 Received by: Date: (O.ZW&Docket C�ck� 1239 -�6L$.oe 119'-r —•—---------------------—'--._—._ NEW SHARED DRIVE.WITH ADJACENT PROPERTY \� I -ASPHALT PAVING 1 ` ' I Z a OTREE / / TREE \\ 11 COMP T PARKING ST S \ I � I � I \ I \ .—---------------------------—. L—•--•—_•--•_—•.... ... ... ... ... ... ... ... ----� EXISTING FENCE THAT MEETS PARKING LOT SCREENING 136'-4' REDUIREMENTS 0' 5' 10' 20' PARKING LOT - CONCEPT E NORTH SCALE:P:UY-O' SCALE: 1' = 10' OWNER INFORMATION SITE INFORMATION LANDSCAPING INFORMATION HARTIG REALTY Iv PARCEL 10 W26251025 ALL LANDSCAPING TO MEET CITY OF DUBUQUE SECTION 3:LAND 703 MAIN STREET LEGAL DESCRIPTION:LOT 4 HDDGES SUBDIVISION DEVELOPMENT REQUIREMENT-ARTICLE 13:SITE DEVELOPMENT DUBUQUE,IA 52001 ADDRESS:485 N.GRANDVIEW AVENUE STANDARDS-SECTION 0:LANDSCAPING AND SCREENING P: 563-588-8750 LOT DIMENSION 39'X 128' REQUIREMENTS AND CHOSEN FROM APPROVED LANDSCAPING PLANT LOT AREA:0.12 ACRES 14992 S.F.1 LIST AND INSTALLED AT THE Elm OF PROJECT COMPLETION IMPERVIOUS AREA 3994 S.F. 'CONIFEROUS SHRUBS ®DECIDUOUS SCHUSS OTREE Dr p.inp xpnePROJECTS\I6%16019- «ip Drug- 4n N. 6rpntlrie-Ppr`Finp\Q-p�nin0z\Slie Plpnp.p _0 Straka Johnson D°..osns7¢oie :�tt,: _ Architects, P.G. HARTIG DRUG - STAFF PARKING LOT s 01 3p955 pi ital prlve 485 N. GRANAVENUE D °I � Pax (9t 31 ssn-osvT UEU4DE,UE, IO IOWA 5 zt. !JA r THE CITY OF Dubuque w, 00 +r °° DUB E i� d�l� 10 �� S' �. ® ® 404 Masterpiece on the Mississippi ` ♦ 7007.:mz.2013 tv Dill, a do Vicinity Map A ��•, � r:r. r � ' ' � ill � � �}� l r 40 7 Applicant: Richard Hartig Location: 485 North Grandview Avenue . 4 ` ` +t ' "� �' Description: To rezone property from OC ' Office Commercial District to C-2 Neighborhood Commercial Shopping It i r t Center District. r. lig �� roes Legend _ Applicant Property ® Notified Properties ._ `Iyt ' DISCLAIMER This information was compiled usingthe T Dubudesedata created b Geographic bothinformation System f Dubuque andS),which yo que an /'}�`�yw 'T . !r (Dubuque and ilyparticipating a.ci ising agencies lout,wethe Cllycu laylLL7A/C�I/ t) and accurate dp R p[ 9 aiutilizedN 1 rs I�f d ratinformationavailable DAGS and its suppliers do IV _ v 1 warrant 0y vrm information data t� p coma n d be el TheCity and participating' agencies shall not ,N\ ( rI��Lfor special peidamages ndethncaelalor ue tat, r horized or unauthorized ■ punitive,o p c li mag whng out of the ether foreseeable use ofthisIb over.bility use msdata or out or any breech of warranty whatsoever. a 6 - 'yi ' -Map clua .W)( Ily ul } n c u�,ly slat REZONING STAFF REPORT Zoning Agenda: July 6, 2016 Property Address: 485 N. Grandview Avenue Property Owner: Hartig Realty Applicant: Richard Hartig Proposed Land Use: Commercial/parking lot Proposed Zoning: C-2 Existing Land Use: Residential Existing Zoning: OC Adjacent Land Use: North — Commercial Adjacent Zoning: North — C-2 East— Institutional East— ID South — Commercial South — OC West— Residential West — R-1 Former Zoning: 1934— Single-Family Residential Total Area: 5,000 square feet 1975 — Two-Family Residential 1985 — Single-Family Residential Property History: The subject property has been occupied as a single-family residence since its construction. Physical Characteristics: The subject property consists of a single lot approximately 5,000 square feet in area and is located near the five-point intersection of North Grandview, Grace Street, and Delhi. The area is currently under construction for a roundabout and the applicant has been coordinating with City Engineering to insure future use of the property as a parking lot compatible with the new roundabout structure. Concurrence with Comprehensive Plan: The Comprehensive Plan currently designates the property as single or two-family residential. Impact of Request on: Utilities: Existing utilities are adequate to serve the site. Traffic Patterns/Counts: Based on 2013 IDOT Counts, North Grandview Avenue carries approximately 6,600 average daily trips. Access to the property will be coordinated with the City Engineering Department. Public Services: Existing public services are adequate to serve the property. Rezoning Staff Report — 485 North Grandview Page 2 i Environment: Staff does not anticipate any adverse impact to the environment provided the proposed development of the site complies with established City standards for storm water management and erosion control. Adjacent Properties: The proposed rezoning of the subject parcel to C-2 Neighborhood Commercial District allows for 21 permitted uses and nine conditional uses. The small parcel size will limit the number of uses for the property. The applicant intends to construct an 11-space off-street parking lot on the parcel at this time. CIP Investments: None proposed. Staff Analysis: The applicant's request is to rezone the subject property from OC Office Commercial District to C-2 Neighborhood Shopping Center District. The subject property is located in a mixed use neighborhood and is bordered by an existing small coffee shop to the north a parking lot for the former Grandview Methodist Church to the south, a public alley to the west and North Grandview Avenue to the east. The subject property currently consists of a single-family residence and a detached garage located adjacent to the public alley on the west side of the parcel. The applicant is proposing to demolish the existing residential structure and detached garage and construct an 11-space off-street parking lot. While the applicant's intention is to construct an off-street parking lot, the rezoning of the parcel to C-2 Neighborhood Shopping Center District allows 21 permitted uses and nine conditional uses. While many of these uses are not practical because of the small size of the subject lot, the C-2 District does in fact allow those uses. The existing OC Office Commercial district allows a range of office and commercial type uses, somewhat less intense than the C-2 District. However, the C-2 District is located on all four corners of the north Grandview/Grace Street/Delhi Street intersection. Attached to this staff report are the district standards for both the existing OC Office Commercial District and the C-2 Neighborhood Shopping Center District. Staff recommends the Commission review Article 9-5 of the Unified Development Code regarding reclassification of the subject property. Prepared by: !. Reviewed: Date: Section 2-Land Use Regulations Article 5: Zoning Districts j 5-11 C-2 Neighborhood Shopping Center L1( ie!-ti r 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 uses will not adversely affect surrounding residences and do not detract from the residen- tial purpose and character of the surrounding neighborhoods. a 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 furnishing sales 8. Gas station 9. General office 10. Indoor restaurant 11. Laundry,dry cleaner, or laundromat 12. Medical office 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 first floor only 20. Retail sales and service 21. School of private instruction 5-11.2 Conditional Uses m 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. IEITY OF DUB E Section 2—Land Use Regulations Article 5: Zoning Districts 5-11.5 Parking 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 NeighborhoodShopping Center ,. -NI uses --- --- ---_ 10 --- --- --- 30 Minimum 20 feetfor garages facing astreet When abutting a residential oroffce-residential district,a 20 footside setback is required. When abutting a residential oro ice-residential district,a 26foot rear setback is required. r- ----------------- --- ------ -------- _. . - —�'"_M.dpomt Lot Area Height property i Idable Area 5hed Roof Mid Height = J --- — — - Gable or Hip Roof # _ - - Deckhne Re cared tom- -. ' Gambrel Roof mow-. Front Mansard or Lot Width- I - ._ g - s-----------==---__: _. Setback '> t� - fi-Hi hest I^tot Frontage __— Height 5treet Street MatRoof mccm o, DUB E Section 2-Land Use Regulations Article 5: Zoning Districts 5-9 OC Office Commercial The OC District is intended to encourage and permit the establishment of commercial i business uses in mixed use specialty areas.This district will generally be located in areas which have developed,or are appropriate to develop, as limited retail districts.This dis- ■ trict should also be located in areas adjacent to established commercial districts,in his- toric and/or architecturally significant areas where the adaptive reuse of existing build- ings is encouraged,in areas of particular tourist interest and along arterial and/or collec- Art Gallery for streets which are suitable for more intensive commercial development. 5-9.1 Principal Permitted Uses The following uses are permitted in the OC District: 1. Art gallery,museum or library 2. Artist studio 3. Bakery(retail only) 4. Barber or beauty shop 5. General office 6. Medical office 7. Multiple-family dwelling General office 8. Parking structure 9. Photographic studio 10. Place of religious exercise or assembly 11. Retail sales and service 12. School of private instruction 13. Single-family detached dwelling 14. Two-family dwelling 15. Any other specialty retail use of a similar nature and intensity -_� 5-9.2 Conditional Uses `\ The following conditional uses maybe permitted in the OC District subject to the provi- sions of Section 8-5: 1. Bar or tavern 2. Bed and breakfast home 3. Bed and breakfast inn 4. Licensed adult day services 5. Licensed child care center Restaurant 6. Off-street parking 7. Private club 8. Restaurant 9. Tour home 10. Wind energy conversion system 5-9.3 Accessory Uses The following uses are permitted as accessory uses as provided in Section 3-7: 1. Detached garage 2. Fence I a'>tnieinmi 3. Garage sale;no more than three per calendar year or three consecutive days per sale 4. Home-based business 5. Noncommercial garden, greenhouse or nursery Building mounted 6. Off-street parking of vehicles wind turbine 7. Satellite receiving dish 8. Solar collector DUB E Section 2—Land Use Regulations Article 5: Zoning Districts 9. Sport,recreation or outdoor cooking equipment 10. Storage building 11. Tennis court,swimming pool or similar permanent facility 12. Wind turbine(building-mounted) 5-9.4 Temporary Uses Temporary uses shall be regulated in conformance with the provisions of Section 3-19. 5-9.5 Parking Minimum parking requirements shall be regulated in conformance with the provisions of Article 14,except that a 25 percent reduction shall be allowed in the OC District for both permitted and conditional uses. 5-9.6 Signs Signs shall be regulated in conformance with the provisions of Article 15. nrtcm or DUB E ' Page 1 of 1 Departmental Email Planning- 485 N Grandview Zoning From: "Jeff Klauer" <jklauer@mediacombb.net> To: <planning@cityofdubuque.org> Date: 06/23/2016 5:58 PM Subject: 485 N Grandview Zoning As the principal ofJDK Real Estate LTD, I would like communicate my support for the rezoning of 485 N. Grandview Avenue to C-2. Jeffrey D Klauer JDK Real Estate n C Q W t� 1705 Delhi St !J LS D Dubuque, IA 52001 JUN 2 4 2016 Click here to report this email as spam. CITY OF DUBUQUE PLANNING SERVICES DEPARTMENT file:///C:/Clsers/mrettenb/AppData/Local/Temp/XPgrpwise/576C2354DBQ_DODBQ_PO 100171... 06/24/2016 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. 34-16 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 485 NORTH GRANDVIEW AVENUE FROM OC OFFICE COMMERCIAL 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 OC Office Commercial District to C-2 Neighborhood Shopping Center District, to wit: Lot 4 Hodges 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 day of Jelly, 2016. Attest: Kevin- '. Firnsta', Cit Clerk STATE OF IOWA ISS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION b 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: July 8, 2016, and for which the charge is $23.86. I, Subscribed to before me Notary Public in and for Dubuque County, Iowa, this day ofZa , 20 . l qo,tary Public in and for Dubuque County, Iowa. I 61TY`6F DUBUQUE, Written comments re- IOWA garding the above pub- OFFICIAL NOTICE lic hearings may be NOTICE, IS HEREBY submitted to the City GIVEN that the Dubu Clerk's Office, 50 W. ' 13th St., Dubuque, IA que City Council will conduct a public hear 52001 on or before said ing at a meeting to time of public hearing. At said time and place commence at 620 p.m. of public hearings, all h�PMARY K,WESTERMEYER on July 18,2016,in the31 �P ("gYnnllu&ion Number l,)4685 Historic Federal Build- interested citizens and ing Council Chambers Parties will be given an _Yiti. My f"O�Irfl ExpFEB. i 2017 (second floor), 350 opportunity_ to be ;i West 6th Street,on the heard for or against following: said actions. Copies of supporting Rez®ng: Request- by Richard documents for thepub- lics,are on file Hartig to rezone prop- in he hearinC y Clerk'sOf- erty, 'located at 485 fice and may ' be North Grand View Ave- viewed during,regular nue from >OC Office i Commercial District to C-2 Neighborhood working hours. Commercial Shopping Any visual or hearing Center District. impaired. . persons Request by Bruce 'heeding special assis- Radtke to rezone a por- :tance or persons with tion,of 2162-Rockdale special accessibility Road from R-1 Single-'I needs should contact Family Residential to the City Clerk's Office C-3' General Commer- :at (563) 589-4100' or cial District to permit TTY.(563) 690-6678 at business expansion. least 48 hours prior to Expand institutional the meeting. District Kevin S.Firnstahl, Request from.Straka CMC,City Clerk Johnson Architects, PC I'lt7/8 / Stonehill Fransican Services, 3160' Sheri- dan Road, to:,expand the Padre Pio'Health Care Center i Institu tional,District to facili- tate,construction of a secondary access to Sheridan Road. G 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: July 22, 2016, and for which the charge is $15.04. OFFICIAL PUBLICATION ORDINANCE NO. 34-16 AN , ORDINANCE AMENDING TITLE 16 Subscribed to before m a Notary Public in and for Dubuque County, Iowa, OF THE CITY OF DU- BUQUE CODE OF OR, this ,2day of 20 /' o1N�►rrcEs� uFIED.q� DEV`ELOPKCE,N' CODE, BY RECLAS- SIFYING HEREIN- AFTER DESCRIBED PROPERTY LOCATED AT . f' 485 NORTH GRANDVIEW AVENUE FROM OC ''OFFICE COMMERCIAL DIS- TRICT TO C-2 NEIGH- BORHOOD SHOPPING CENTER DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, 10- WA: Section 1. That Title 16 of the City of Dubu- que Code of Ordinan- ces, ;Unified. Develop- ment Code, is hereby amended by } reclas- sifying the eclas-sifying.the hereinafter described property from OC Office Com- merbial District to C-2 Neighborhood Shop- ping Center District, to wit: Lot 4 Hodges Subdivi- sion, and to the center- line of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. That the foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission. of the City of Dubuque, Iowa. Section 3. This Ordi- nance shall take effect immediately upon pub- lication , as provided by i law. Passed, approved and'' adopted this 18th day of July, 2016. 7s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 22nd day. of July, 2016. /s/Kevin S City Clerk it: 7/22 Notary Public in and for Dubuque County, Iowa. ARY K. WESTERMEYER Commission Number 154885 My Comm. Exp. FEB. 1, 2017