Zoning 1001 Davis St. Fran StrsPreparer: Laura Carstens, Plann n,q Services Manaqer Address: 50W. 13th Street Telephone: 589-4210
ORDINANCE NO. 37-02
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 reclassiflJing 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
Attest:
6th day of May, 2002..
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
~_,~l~anne F. Schneider, City Clerk
OS
R-1
EXHIBIT A
'N
of
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.
ez°ned ~ ~
C~T'Y OF DUBUQUE
To:/~i?ofDubuque Planning Services Dept.
Fro~ordssey, 966 Davis Street, Dubuque, IA 52001
Re:L/Sisters of St. Francis Rezoning 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
tbxotmoh this memo.
This request for rezoning follows closely on the heels of a 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, adversely imparting property values.
During the Hills and Dales discussion, our neighborhood residents asked that the
rezoning be granted, but only as it applies to Hills and Dales and not to an3' future
occupant. In that manner plans for Hills and Dales could be facilitated - and our
neighborhood could be protected from potentially damaging future development, This
request was not honored- I requested this same 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 como at the behest of the Sisters of St. Francis, but rather was suggested
to them by the planning ~ 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 hotistic in respect to their religious mission within our community. Why
do you planning folks insist upon making such an issue of this as to recommend rezorfing
- when it could result in future 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.
FEB ~ 5 2D02
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 m~ ~r~na .a,nd their body
ached all over and they ~ wl~t~e~r family and went
to work and was miserable with their co-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 zoning as is the Sisters offer services to many
groups some include; 1st Presbyterian, Methodist
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
Plam~Lng Serwices Department
City Hall
50 West 13th Street
Dubuque, Iowa 520014864
(563) 58%4210 office
(563) 589-4Z21 fax
(563) 690-6678 TDD
plann~ng@cityofdubuque.org
April 8, 2002
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque IA 52001
RE:
Applicant:
Location:
Description:
I~ I-ezon'ng 2>c~ ='~ ~"
Sisters of St. Francis c~~:-~
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 ^dvisory 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
hearing 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 Integrity Responsibility Itmoval2on Teamwork
The Honorable Mayorand City Council Membem
Sis~m ofSt. Fran~sll001 Davis Stre~
Apd18,2002
Page 2
The Chairperson directed staff to re-notify (b~mail) the applicant and adjoining property
owners that a reconsideration of the Mamh 6'" vote had been requested.
At their April 3~ meeting, the Commission vote 5 to 1 to reconsider the request. The
Chairperson did not reopen the public headng.
Recommendation
By a vote of 5 to 1, 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,
Eugene~ Chairperson
Zoning Advisory Commission
Attachments
O(TY OF DUBLK UE
FEB 04 2802
Fsx: 319-589-414g
Variance
Coc, ditiona! Use Permit
Appeal
Specie! Excep§on
Limited Se[back Waiver
PLANNING
[~ezoning
Planned District
Preliminary Plat
Minor Final Plat
[3 Simple Site Plan
~ Minor Site Plan
[3 Major S~te Plan
[3 Major Final Plat
c Simple SubdMsion
Annexation
Temporal' Use Permit
CertiFicate of Appropriateness
Certificate of Economic Hardsl'~ip
Ot~er:
PLEASE TYP6 OR PRINT LEGIE~LY IN INK
Prope~jOwner(s): Sisters. Qf St
Add,ess: 3390 Windsor Ave
F~x Num~ 563-583-3250
State. IA
Phene: 56,3~_ 583-9786
zip5~2_OJ)_l
Appljc~AgentShalom Retreat Ce~er-Sr. Marqaret Jun~ers~hon~6~-qR2-qS92
^dd~e~ 1001 Davis A__ve~ Cit~ D_tZb~ ~t~ ~A .-. Z~ 52001
F~x Numar: 563-582-5872 Mob~]Cellu~ar N~m~er:
Site'.o=ation/address:Shalom R~tr~af P~nf~r-1 fin1 na~,4 =. Dubuoue. IA 5200]_
Existing zoning: R- 1 .... Pr~osed zoning: O~ H~s~r~ d~s~ict. ~/~ Land~ark: ~/~ ....
Legal description (Sj~ell Par~ ID number ct Icl num~rJbl~A num~[tsu~'ision):
Tom! property (~ot) area (square feet or acres): Number of lots:
Describe prcpo$~l and reason necessary (a~tach a letter of explanation, ff neede'~):
See attached .~tter of ~×planaf~n~
CERTIFICATION; Ifwe, the uqdersigmed, do hereby certify that
1. The kforma~o~ s Jbmit*.ed herein is tpJe and correct to ~e best o[' my/our knowledge anc~ uaon submittal
becomes public record;
2 Fees are not refundable a_nd payment does not 9uarantee approval and
3 A!i additional required written a,"~ graph,c mTater:,ais are attached
Property, Owner{s): ~ ~(~_ '~~/
FOR OFFICE USE,&~/,Y,.~APPU~ATION SUBMITTAL CHECKLIST
P~at'
: lmorovement plans m Desgn review proj~l description g Photo ~ Ot~er:
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
CITY OF DUBUQUE
JAN 3 ~ 20O2
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 ~tnd 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 Jun~ers, O.S.F.
Director, Shalom Retreat Center
OS
R-1
of
Francis
R-1
Proposed 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.
~~R~Area
ezoned ~
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-1
Adjacent Land Use:
North - Convent/chumh 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 ddve 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
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.
29 April 20O2
I would like to supply more information to assist in your decision of the
rezoning of a portion of the Sisters of St. Francis property. All the people with a
StoneRidge address are 4 or 5 tenths of a mile from the property; Mt Calvary
Cemetery is more than 200 fL from the property. People on Amelia Drive,
Sunflower Circle, and Wake Robin Circle are between 2.5 and 3 miles from the
property. Stonehill care Center and Aivemo Apt. are 3 to 4 tenths of a mile from
the property. Cora Drive is west of Hempstead High School, Asbury IA, Delhi IA
these addresses are more than 200 ff. from the property. Dr. Gary Strohmeyer
propeCoj is more than 200 ft. from the property approximately 350 ff. I don't know
what the cemetery dghts are that is the only property besides Hills and Dales that
is with in 200 ft. besides the neighbors. My petition opposing re, zoning had 16
out of a possible 18 signatures, or 88.8 percent opposing the rezoning.
Sister Judy Sinewell does Therapeutic Massage at the Windsor Wellness
Center, This is located about 2.5 tenths from the Shalom Center. Them is no
r.~d for the property being discussed to be rezoned.
J Joel & Mary Glennon
1004 Davis
582-2541