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Withdrawal of Rezoning Request for 3172 W. 32nd Street_Horsfall Copyrighted November 5, 2018 City of Dubuque Consent Items # 23. ITEM TITLE: Withdrawal of Rezoning Requestfor3172 W. 32nd Street SUMMARY: City Manager notifying the City Council that A&A Horsfall Properties LLC is withdrawing its rezoning request for 3172 W. 32nd Street. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File ATTACHMENTS: Description Type Withdrawal of Rezoning Requestfor 3172 W. 32nd City Manager Memo Street- NNM Memo Staff memo Staff Memo Zoning Commission letter Supporting Documentation Petition Supporting Documentation Withdrawal of Rezoning Supporting Documentation THE CITY OF Dubuque � AIFA�erlwGh UB E '�� III► Masterpiece on the Mississippi Z°°'�w'2 7A13 2017 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Withdrawal of Rezoning Request — 3172 W. 32"d Street DATE: October 25, 2018 Planning Services Manager Laura Carstens is notifying the City Council that A & A Horsfall Properties LLC is withdrawing their rezoning request for 3172 W. 32"d Street. �� Mic ael C. Van Milligen �� MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Cori Burbach, Assistant City Manager Laura Carstens, Planning Services Manager THE CITY OF Dubuque C_., �' AII�Men��Ciry DUB. . . E ;�.�I '► Masterpiece on the Mississippi Z°°''Z°'Z 2013�2017 TO: Michael Van Milligen, City Manager FROM: Laura Carstens, Planning Services Manager `c�-�% SUBJECT: Withdrawal of Rezoning Request - 3172 W. 32"d Street DATE: October 25, 2018 The purpose of this memo is to provide the City Council with an explanation of a previously scheduled public hearing which will not need to be held for a rezoning case. The applicant, A & A Horsfall Properties LLC, requested to rezone 3172 W. 32�d Street from R-1 Single-Family Residential to R-2 Two-Family Residential zoning district. The Zoning Advisory Commission recommended denial on October 3, 2018 (enclosed). This required a super-majority vote for City Council to approve the request. The enclosed petition in opposition to the rezoning was filed on October 11, 2018. The applicant filed the enclosed withdrawal of the rezoning request on October 11, 2018. The requested action is for the City Council to receive and file this information. Endosures 1 � Plznning Seivices Department City Hall Dubuque 50 West 13��Street THE CI1'Y OP Dubuque,lA 52001-4864 ul-1� (563)589-4210 phone � V L L ,��I��r (563)SS9-4221 fax (563)690-6675'TDll planninQ��cityofdubuque.org Masterpiece on the Mississippi Zom�2ot2 1A13�2017 October 8, 2018 The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 13�h Street DubuquelA 52001 Applicant: A & A Horsfall Properties LLC Location: 3172 W. 32"d Street Description: To rezone from R-1 Single-Family Residential to R-2 Two-Family Residential zoning 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 Commissioner Baumhover recused himself from the table. The applicant spoke in favor of the request, reviewing the request to rezone to R-2 Two- Family Residential to facilitate construction of a duplex. Staff reviewed the staff report, noting surrounding zoning and land use and that R-1 and R-2 zoning is often found together in newer subdivision. Staff reviewed existing vehicle counts. Staff noted the only difference between R-1 and R-2 zoning districts is that the R-2 allows two-unit townhomes or duplexes. There were several public comments in opposition to the request, contending that the requested rezoning to R-2 is not compatible with the existing low density single-family neighborhood, and that the Comprehensive Plan designated the property for single- family. The Commission received and filed an email in opposition. The Zoning Advisory Commission discussed the request, with several Commissioners I being concerned about placing a single lot of R-2 zoning in an otherwise single-family zoned neighborhood. Recommendation I Consequently, by a vote of 2 to 3, with one abstention, the Zoning Advisory Commission � recommends the City Council deny the request. Seivice Peoplc Integrity Responsibility Innovation Tea�n�vork The Honorable Mayor and City Council Members Page 2 The motion to approve the rezoning from R-1 to R-2 failed due to a lack of four affirmative votes. The Commission vote was two Ayes and three Nays with one abstention. A simple majority vote is needed concur with the Zoning Advisory Commission's recommendation to deny the request. A super-majority vote is necessary to override the Zoning Advisory Commission and approve the request. Respectfully submitted, .��6�_ Thomas Henschel, Chairperson Zoning Advisory Commission Attachments cc: Alexis Steger, Housing & Community Development Director I � Seivice People Integrity Pesponsibility Imiovafion Teamwork i � Petition Opposing Rezoning Change p� � This is about rezoning lot 3172 froin R-1 to R-2. We do not believe this change should � !I be gnade. It should remain R-1, Single Family. What is being proposed is one lot within � an area that is all sin�le-family homes. � � � In the rezoning staff report the 2017 Comprehensive Plan for our neighborhood is ; identified as single-family homes, so rezoning to R-2 is not consistent with the plan. '�; As stated in the Unified Development Code section 9-5 the City Council should ';'; maintain uniform zonin� and the integrity of the Comprehensive Plan. ',j It also stated that the original zoning district boundaries under this Cocie are presumed !' to be correct and appropriate and should only be reclassified if there is a clear showing that ij the original classification was a mistake or that circumstances affecting the property have �j changed to demand reclassification. � � '�� I do not see how anyone can say that things in our neighborhood have changed in the � past year to go against the comprehensive plan and change the rezoning on one lot. And also, the buyer of this property knew that it was zoned as R-1 and has a single-family home already built on it. We are not talking about an undeveloped piece of land. � In the staff analysis it does mention other neighborhoods that have duplexes/ � townhouse. These are not comparable as they are not in the area being discussed, and these ';I multiple lots within other subdivisions. i 1��a�� B �� ^ C;'��C �,�� (�ea Dub. � Print Name Address '; .��f� �� ;' ��- Phone Number Signature , � �'i i I 2 ��,..,��,t•�`6 ��'.,s;f�'c r�',�' �� S�`�''' 1s�``�.,� Dub. '�I Print Name Address i ��-�'—(��,� ��' ,,-.i.a7'y°—.,..----°-A .,,.F. 0. Phone Number Signature � 3- �� ( ,'� C.,� �� .,�C�� r:�...� Dub. I Print Name Address i �_ ��s--�-� �� l v Phone Number Signature`� 4- �T�'��R�-y ��`!�.ln.d � �'� �'' �. J�=, �d ��c�,�_ Dub. Print Name Address � ,�"�� t�d � r�c,�' ,n�� Phone Number Signat re li � 5-� '�C � C:�c...G� � � 5 � � ,�� DUb. � Prin Name —� Address ..��'�� — Phone Number Sign� re ! ( � 6- I �, � �� J � �� 'n. �� C..�.- ��, �d'� �, � ,�. Dub. j Print Name Addres.:�` ; .�'f 3-�`�Z�-- ��3 �1.r.�sa--'".� -.��,.� �� Phone Number Signature j I � i I I . r � Petition Opposing Rezoning Change �'� � Thas is about rezoning lot 3172 from R-1 to R-2. We do not believe this change should j be made. It should remain R-1, Singie Family. What is being proposed is one lot within � an area that is all sin�le-family homes. ' In the rezoning staff report the 2017 Comprehensive Plan for our neighborhood is ' identified as single-family homes, so rezoning to R-2 is not consistent with the plan. I As stated in the Unified Development Code section 9-5 the City Council should '; maintain uniform zoning and the integritv of the Comprehensive Plan. It also stated that the original zoning district boundaries under this Code are presumed to be correct and appropriate and should only be reclassified if there is a elear showing that � the original classification was a mistake or that circumstances affecting the property have i changed to demand reclassification. �; I do not see how anyone can say that things in our neighborhood have changed in the j past year to go against the comprehensive plan and change the rezoning on one lot. And also, the buyer of this property knew that it was zoned as R-1 atid has a single-family home already built on it. We are not talking about an undeveloped piece of land. In the staff analysis it does mention other neighborhoods that have duplexes/ townhouse. These are not comparable as they are not in the area being discussed, and these '' multiple lots within other subdivisions. i � �°- ta..� l,o� � �� L'��-•-' > I�ub. Print Name Addr , v�`�-�.o._-.,� i � i�/"�-`"�1..r- -_____ �J,�'�,,�'�,_.d,�'" Phone Number ignature �� ..��. ��'�.� : � �_ �r , ��' ��" � �'� l�'d �°' � ., � Print Name �`"��---� Address ; � 3��;�-�� ~ �.. Phone Number Signature I r �;- �_ � ��°.�,� d d!/.��',s .��/� � �'�, �� ub. � Print Name Address r �;�G� -��°� ;'� , x Phon �umber Signature ��D- tY C.i~ �� a:� '�t.� �.�-�c� � Dub. � ,� � � �� Prmt Name Ad�ress �7�- .5�� - /�°� �.e-e--,�.- Phone Number Signature LL.Yi �"� �- ll �-� �'1,D ��C�i ��s� � �t�nl� c�� 1� � � �I� ��. Print Name ddress �� '�. <."� ` �`�,3- S�' - 29��j -�~-�--'' ,.�C'� ,rw. .-� �-p: Phone Number Signature �� ("`"� `''�� /�-o"��'L� � �.�✓� I;��J�,2/CJ�, � �'� � �� / � �rint Name Address � � � �"L.� -�'�-1�� ' ��z � =� ." �� Phone Number Signature � -.�.� Wally Wernimont From: dbhorsfall <dbhorsfall@aol.com> Sent: Thursday, October 11, 2018 7:54 PM To: Wally Wernimont Subject: Re: 3172 w. w. 32nd Street - Rezoning I am withdrawing this request due to the board voting this down. Than You, Doug Horsfall Sent from my iPad On Oct 11, 2018, at 9:04 AM, Wally Wernimont<Wwernimo(�citvofdubuque.org>wrote: Doug, I have copied City Clerk Kevin Firnstall on this email. It is my understanding that you are requesting your application to be withdrawn and not proceed forward with the rezoning request. Can you respond informing the City Clerk that you request that your rezoning request for 3172 W. 32"a Street be withdrawn from City Council consideration? You can do so by replying to this email. Thanks, Wally Wernimont Assistant Planner City of Du6uque 563-589-4210 wwernimoL�citvofduhuque.orq Click here to report this email as spam. i