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Zoning 1001 Davis St. Francis SPlanrdng Services Department City H~dl 50 West 13ffi Street Dubuque, Iowa 520014864 (563) 589~210 office (563) 589-4221 fax (563) 690-6678 TDD plarming~cityofdubuque.org April 8, 2002 RE: Applicant: Location: Description: The Honorable Mayor and City Council Members ~"< City of Dubuque City Hall - 50 W. 13th Street Dubuque IA 52001 Rezoning co Sisters of St. Francis 1001 Davis Street To rezone property from R-1 Single-Family Residential District to OR Office Residential 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, indicating that the proposed uses for the property at 1001 Davis Street will not negatively impact adjacent property owners. Staff reviewed surrounding zoning and land uses, and then reviewed the allowed uses in the OR District. There were several neighbors who spoke in opposition to the rezoning, but who were in support of the Sisters conducting their businesses on their property. The Zoning Advisory Commission discussed the request, noting that the Sisters are proposing to conduct businesses on their property that serve the general public and are not customarily incidental to a religious institution. Reconsideration At their March 6th meeting, the Commission's motion to approve the request failed due to lack of a majority on a 3 to 2 vote. Two Commissioners were absent. The public headng was closed. To allow the opportunity for more Commissioners to vote on the request, and to obtain a clear majority for or against, the Chairperson asked to reconsider the March 6th vote. Service People lntegri~z Responsibility- hxlovation Teamwork The Honorable Mayor and City Council Members Sisters of St. Francis/1001 Davis Street April 8, 2002 Page 2 The Chairperson directed staff to m-notify (by mail) the applicant and adjoining property owners that a reconsideration of the March 6u' vote had been requested. At their April 3rd meeting, the Commission vote 5 to 1 to reconsider the request. The Chairperson did not reopen the public hearing. Recommendation By a vote of 5 to 1, the Zoning Advisory Commission recommends that the City Council approve the request. ^ simple majority vote is needed for the City Council to approve the request. Respectfully submitted, Eugene Bird, Jr., Chairperson Zoning Advisory Commission Attachments CITY OF DUBUQUE FEB 04 2002 City ef Du~u Phc~ne; $1 ~589-4 Fax: 319.58g-4 PLANNING APPLiCATION 'FORM - [] Conditional Use Permit ~, Special ExceptJcn ~ Limited Sea. back Walver ~r'~ezoning Planned DisffiCt Prelimina,'¥ Plat Minor F~nal Plat Text Amendment Simple Site Plan Miner Site Plan Majo,' S~te Plan Major Final Plat Simpie Su?~division Annexation TemporaPy Use Permit Ce,'lil=icate of Apprcpfiateness Ce~ifica~ cf Economic Hardst¥ Ot~r: PLEA_SE TYP~ ~ PRINT LEGIBLY iN INK PropertyOwner(s): Sisters of St. Address;' 3390 Windsor Ave Fax Number; 563-583-3250 Fr~nc~ ~ Mobile.rCetiular Number: Phone: 56.3=583- State._I_L Zip 53.J101 Appl~an~Agent. Shalom Retreat Center-Sr. Marqaret Junger~h0aeS~q-SR~-q Address: 1801 Davis Ave. City:Dubnque _.State. IA .Zip: 5__~001 Fax Number: 563-582-5872 Mcb~le/Cellu!ar Number: Site o~fion/address:~ Ep~r~af P~n~r-1 h~l n~w~ ~ · Dubuq~a~ IA 5.2~ Existing zoning: R- 1 Proposed zoning:~__ His~r~ disarm ~J~ Landmark ~_. Legat descrip~]o~ ($i~well Pardi ID numar or lot num~rlbl~ num~dsu~]v~s~oa): 9786 gQ2 Tote! propert7 (lot) area (square fee{ or acces): Number of lots: Describe prcpos~l and reason r, ecessary (attach a letter of explanation, if neede3); See attached ~dtter of ~xpl~na~i~n CERTiFiCATION: I/we, the undersigr~ed, do hereby cerUfy that.; 1. The icformation s jbmi~',ed herein is true and corm~ to the ~st of ray,our knowledge an~ ucon s.Jbmltta ~comes public re.rd; 2 Fees ~re not refundable agd payment does no~ guarantee approval ~nd 3 AI~ additional required wri~n a~ graphic ~ter;a[s are a~ched ~ . ~ - _-- _ - ~ _-; ~ : ~_ n Pro:e~/ownership llst ~ Site/sketch ~n ~ ~r p~an ~lat = Conceo~ua~ ~evelopmen: p, : tm0rovement p~ans ~ Des~n review prej~t de~cript~n D Photo C Other: ~ Shalom Retreat Center 1001 DAVIS AVENUE * DUBUQUE, IOWA 52001 * 319-582-3592 January 30,2002 Guy Hemenway City of Dubuque 50 W. 13th. Street Dubuque, IA 52001 C~TY OF DUBUQUE JAN 3 ~ 2002 Mr. Hemenway: Shalom Retreat Center which is presently zoned R-1 is seeking to be rezoned to accommodate a "Therapeutic Massage and Wellness Center." The Center would occupy three rooms and the adjacent hallway in the basement of Shalom. There will be three massage therapists working in this center. Three clients could be served simultaneously so potentially there could be six persons in this center at any given hour. There will not be a secretary, We believe that this center fits into the mission of Shalom Retreat Center for the following reasons: --Persons who come to Shalom are seeking to integrate various components of.their lives. They want to integrate "mind, body and spirit." The availability of therapeutic massage and the teaching of wellness with a spiritual focus can aid in this integration. --Sr. Judy Sinnwell O.S.F. will be the owner of the Wellness Center ~nd she is already involved in programming at Shalom. She is currently offering six week courses on Tai Chi throughout the year and week long retreats which focus on integrating mind, body and spirit and they are all successfully attended. --Many retreat houses throughout the country offer massage as an option to their retreatants. This could be offered to clients who attend retreats at Shalom if the Wellness Center were housed at Shalom. One of the concerns about this rezoning could be parking. The Wellness Center would be open during daytime hours Monday through Friday. Sr. Judy would also be open on Tuesday evenings. Most of our heavier use of Shalom is on the weekends. That is when people come for overnight retreats. During the rest of the week, Shalom offers daytime programs and they usually consist of small groups of people so parking would not be a problem: Their will be reserved parking spaces in the Shalom parking lots for the clients so they will not park in the street. I send this letter now so that you can advise me as to the type of zoning that we are seeking before the February 4th. deadline for application. If the fee for this application is other than $250.00, please advise me. I deeply appreciate the help you are providing for me as I work through this process. If there is anything else to which I should be attending, please let me know. Thank you. Sincerely, Sr. Margaret Jungers, O.S.F. Director, Shalom Retreat Center OS R-1 Francis R-1 Proposed Area to be Rezoned Applicant: Sisters of St. Francis Location: 1001 Davis Street Description: To rezone property from R-1 Single-Family Residential District to OR Office Residential District. REZONING STAFF REPORT Zoning Agenda: March 6, 2002 Property Address: Property Owner: Applicant: 1001 Davis Street Sisters of St. Francis Margaret Jungers, OSF Proposed Land Use: Office Proposed Zoning: OR Existing Land Use: Office Existing Zoning: R~I Adjacent Land Use: North - Convent/church Adjacent Zoning: North - R-1 East - Office/residential care facility East - OR South - Single-family residential South - R-1 West - Office West -OS Former Zoning: 1934 - single-family/multi-family; 1975 - R-2; 1985 - R-1 Total Area: Approx. 2 acres Property History: The property and building served as a motherhouse for the Mount St. Francis convent, which was founded in 1879. The motherhouse was moved into the main convent in 1925 and the building was converted to an academy. The building was used as a girl's school until 1959 and then a high school until 1965. The building was then used as a residence for elderly nuns until 1988. The Shalom Center was founded in 1989 and has operated until the present. Physical Characteristics: The property is a approximately two-acre lot that slopes towards Davis Street and slopes at the rear of the property toward a drainage between the Shalom Center and the Sisters of St. Francis Convent. The building is approximately three stories with 18,000 square feet on the main floor. There is a 40- space parking lot at the rear and along the east side of the property. There is an access drive that leads from Davis Street along the east side of the building to the parking lot and to a circular entry drive at the rear of the building. The access drive continues on to the remainder of the Mt. St. Francis campus. Concurrence with Comprehensive Plan: The Comprehensive Plan makes no recommendations for this property. Impact of Request on: Utilities: Existing utilities are adequate to serve the site. Traffic Patterns/Counts: The 1997 IDOT annual average daily traffic report indicates 2,400 vehicle trips per day, approximately 900 feet west of the subject property at the intersection of Davis Street and Windsor Avenue. REZONING STAFF REPORT Page 2 Public Services: Existing public services are adequate to serve the site. Environment: Staff does not anticipate any adverse impact to the environment because the building footprint, parking area and grounds will remain unchanged. Adjacent Properties: The properties to the west, north and east of the subject property are currently office and convent uses, and the office uses proposed should have very limited impact on them. The properties across Davis Street to the south are single-family residential, and may experience a slight increase in the amount of traffic accessing the Shalom Center's driveway along the east side of the property. CIP Investments: None proposed. Staff Analysis: The applicant is proposing to modify the services available at the Shalom Center. The Shalom Center is a building that is part of the Sisters of St. Francis campus located on Davis Street, 900 feet east of its intersection with Windsor Avenue. Currently, there is counseling and classes related to church activities being offered at the Shalom Center. The applicant would like to provide additional services including massage therapy and martial arts classes. These uses are not typically accessory to a church use. Staff recommended the applicant request a rezoning from R-1 Single-Family Residential to OR Office Residential to allow these types of uses. The rezoning request represents an expansion of an existing OR District that was approved in 2000 for the Hills and Dales Residential Care Facility. The rezoning request will also adjoin an existing OS Office Service District that currently accommodates medical offices. The property adjoins the Sisters of St. Francis campus to the north. There are currently 15 single-family residences across Davis Street from the Shalom Center. The property has 350 feet of frontage and the main access to the Shalom Center is from Davis Street to the east of the building. The new activities proposed for the Shalom Center will be very similar to the current uses. However, there may be a slight increase in traffic to this area from additional clientele that will be availing themselves of the Shalom Center expanded services. Adequate off-street parking is available for the Shalom Center's clients behind, and alongside the building, on a paved 40-space lot. Prepared by: ~ Reviewed: ~Date: Preparer: Laura Carstens, Plannin,q Services Mana,qer Address: 50 W. 13th Street Telephone: 589-4210 ORDINANCE NO. -O2 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 1001 DAVIS STREET FROM R-1 SINGLE- FAMILY RESIDNETIAL DISTRICT TO OR OFFICE HIGH DENSITY MULTI-FAMILY RESIDENTIAL DISTRICT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter described property as shown in Exhibit A, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa from R-1 Single-Family Residential District to OR Office High density 4 Multi-Family Residential District; and Section 2. 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 day of ,2002. Attest: Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk D'A'O'I'O OS R-1 EXHIBIT A Francis R-1 Proposed Area to be Rezoned Applicant: Sisters of St. Francis Location: 1001 Davis Street Rezoned Description: To rezone property from R-1 .Single-Family Residential District to OR Office Residential District. C~TYOFDUBUQOE To: City. of Dubuque Planning Services Dept. Fr~/Morfissey, 966 Davis Street, Dubuque, IA 52001 Re:t/Sisters of St. Francis Re. zoning Request Date: 4 March 2002 (CC: Sr. Margaret Jungers, Joyce Connors) I received your notice of a Public Hearing on the proposal to rezone property located at 1001 Davis Street from R-1 Single-Family Residential District to OR Office Residential District. I will be out of the city the night of the hearing, but wish to share my comments throtm,.h this memo. This request for rezoning follows closely on the heels ofa rezoning request for Hills and Dales just up the street from our home. I, and other residents on Davis, had reservations about approving the Hills and Dales request - but to no avail. I assume that reservations we may have concerning this request will meet with the same fate. My main concern in both of these requests has nothing to do with allowing Hills and Dales and the Sisters of St. Francis from going about their mission - and carrying out their good work. My concern is that in granting the rezoning, the stage is set for other entities to locate on these premises at some future date; entities that may not be nearly so compatible to our neighborhood, advemely impacting property values. During the Hills and Dales discussion, our neighborhood residents asked that the re, zoning be granted, but only as it applies to Hills and Dales and not to any future occupant. In that manner plans for Hills and Dales could be facilitated - and our neighborhood could be protected from potentially damaging future developmant, This request was not honored. I requested this sa_me consideration (in respect to the Sisters of St. Francis) on Feb. 21 in a phone conversation with one of your planners, and was told (in so many words) that this was not a reasonable request. What is particularly galling is that it is my understanding that this present rezoning request did not come at the behest of the Sisters of St. Francis, but rather was suggested to them by the planning staff.. If in fact this is true~ it tells me that the planning staff is much more concerned with absolute conformity to finite regulations than to serving the needs of good, upstanding citizens who are concerned about future property values. The services that the Sisters of St. Francis are looking to expand simply reflect their wish to become more holistic in respect to their religious mission within our community. V~2ty do you planning folks insist upon making such an issue of this as to recommend rezoning - when it could result in furore detriment to folks in our neighborhood? People are best served when regulations are tempered with a dash of humanism (which Webster defines as "any system of thought in which human interests and values are taken to be of primary importance). Please consider injecting some into your decision making. / This letter is to explain why we feel the property of the Sisters of St Francis should remain R-1 Single Family. The approximate area to be rezoned is 174215 sq. feet including land and buildings. There are 2 Single Family homes on their property besides the Shalom Center. Of the total area only 751 sq. feet will be used for Therapeutic Massage. This is only .004 of the total area. See graph. If a person got up in the~ mornine and their body ached ail over and they ~ w~e~r family and went to work and was miserable with their m-workers, then had a Therapeutic Massage that night and was pleasant with everyone the next day would that not be a Spiritual uplifting of mind and body. Who are we to judge what is Spiritual? With zordng as is the Sisters offer services to many groups some include; l~t Presbyterian, Methodk,~t Groups, Baptist Groups, National Council of Churches, Liberal Catholic Churches, Operation New View, Dubuque County Schools, Medical Associates, Kiwanis Pry Breakfast and more. This is why we believe the property should remain R-1 Single Family and the Therapeutic Massage be Joel & Mary Glennon & neighbors 1