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Request to Rezone 2635_2635 1/2 University Avenue_PrehmPlanning Services Department City Hall THE Crnr OF Dubuque 50 West 13~ Street Dui E Dubuque, IA 52001-4864 , ~ (563) 589-4210 phone Masterpiece on the Mississippi (563) 589-4221 fax ~~~ (563) 690-6678 TDD planning@cityof dubuque.org August 11, 2008 The Honorable Mayor and City Council Members City of Dubuque City Hall - 50 W. 13th Street Dubuque IA 52001 Applicant: Greg Prehm, Dubuque Property Management Location: 2635-2635'/2 University Avenue Description: To rezone property from R-1 Single-Family Residential District and R-2 Two-Family Residential District to PR Planned 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's representative, Ken Buesing, spoke in favor of the request. He reviewed the layout of the planned housing units, parking, access drives and green space. Mr. Buesing addressed how the conceptual plan has been revised from the previous request reviewed by the Zoning Advisory Commission. Staff reviewed the proposed layout, surrounding zoning and land use, and then compared the revised conceptual plan with the one previously submitted by the applicant. There were several public comments regarding the requested rezoning expressing concern over the density of the project, traffic, safety, children's safety, water runoff, property values, and the style and height of the residential structures. The Zoning Advisory Commission received and filed various written comments. The Zoning Advisory Commission discussed the request, noting that they still had concerns with the location of access drives near the BeverlyNan Buren intersection, the density of the project, and the adequacy of the green space provided. Service People Integrity Responsibility Innovation Teamwork The Honorable Mayor and City Council Members 2635 - 2635 '/2 University Avenue Page 2 Recommendation By a vote of 6 to 0 the Zoning Advisory Commission recommends that the City Council deny the request. A simple majority vote is needed for the City Council to concur in the Commission's recommendation to deny. A super-majority vote is needed for the City Council to approve the request. Respectfully submitted, --~ ~J /~~ Jeff Stiles, Chairperson Zoning Advisory Commission F:\USERS\Kmunson\WP\City Council\2008\CC 08_18_08\PUD Rezoning 2635_2635 1 2 University Ave (Prehm) ccltr 08_04_08.doc Service People Integrity Responsibility Innovation Teamwork THE CITY OF DUS E Masterpiece on the Mississippi Dubuque tIIII•' 200 PLANNING APPLICATION FORM Use Permit Exception Setback Waiver ProMerty owner(s): Fax: 563-5894221 []Planned District ~ OMajor Site fllan ~~C~rtificate flf economic Non-Viability ^Preliminary Plat ^Major Final Plat OCertificate of Appropriateness ^Minor Final Piat ^Simple Subdivision ^Historic Designation C]Text Amendment Annexation [Neighborhood Association ^Simple Site Plan OTemporary. Use PermitOther: ^Minor Site Plan ~ ,~ ~ ~56~ USl- P 9 ys '~~~ ) 1 ' Address: ,~~ ~16 C~, 1 .~'~ Caty: State: /~~'~ rp: ~C~ Fax Number: ~~~ ` b~~ y ~~~ Cellular Number:S~~ / ~~l ~ ` ~~~ail Address: ~~ ~1S ~~°~ /~ r,, Applicant/Agent: /`f . ~ ~^'~ Phone: c J ~ ~ ` ~ y ~~~ Y Address:~~~iJ ~C3~^yv`~?'~"i^ is City: ~ State: ~'U Zip: q' ~- n Fax Number: ~ ~~~I ~'~ Cellular Number~~ Y ~' - E-mail Address: Site location/address: ~~~ a ~-•~~_ ~ u N 1 J I~"s~--/ . Existing zoning: ~ZProposed zoning: Q~ Historic District: 1~ ~ Landmark: ~D Lega[ Description (Bidwell parcel ID# or lot number/block number/subdivision): I~-z~- Z?.~ -02_~ ~ ~o-z~_7~9 -aig ~,~ _2~ -. L~9 .-c~.i~ Total property (lot) area (squa.re feet or acres): •, ~ ~C,rt~S Describe proposal and reason necessary (attadi a letter of explanation, if needed):~I$ 1-L~ Z o r-''~ --rte -tom IZ- i ~ JC .~~'~-o P r o ~2-- r~11 L-7' i - r=~,.~, ~ ~ -~ ~~~1s~ ,-~ lc--- CERTIFICATION: I/we, the undersigned, do hereby certify that: 1. It is the property-avFrner's responsibility to~ lo~te properly lines and to checlE your. absbact for ea~ments 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 require written and graphic~mater/ials are attached. Property Owner(s): ~ ~ Date• ~ ~ D r ~ _ .Applicant/Agent• ~~- ~~1~=L-~ \ / Oate• ~ ~ ~' FOR OFFICE USE ONLY -APPLICATION SUBMITTAL CHECKLIST O Fee: ~~ Received by: Date: ~~ ket: City of Dubuque Planning Services Department Dubuque, IA 52001-4864 Phone:563-589-421U Site/sketch plan^ Conceptual Development Plan ^Photo ^ Plat ^ Improvement plans ^ Design review project description ^ Floor plan ^ Other: 0 ~~ ~Q ~/ ~~ _~ THE CITY OF Dubuque DuB J E Masterpiece on the Mississippi -~ 200 Vicinity Map Applicant: Greg Prehm, Dubuque Property Management Location: 2635-2635 1/2 University Avenue Description: To rezone property from R-1 Single- Family Residential District and R-2 Two-Family Residential District to PR Planned Residential District. ~1 Proposed Area to be Rezoned ,Zoning Base Map Provided by Dubuque County GIS H:\Planning Services\Vicinity Maps\ZAC Vicinity Maps\2635_2635 1/2 University Avenue 05_14_08 Ni m _ M ~ __~- /,, >°~ /,, ,\ / l i /~/ 0 i" `,\ ~\~ V r ,OJ ~. nmMarwmnnr~avm.~,,,.avrnururwa• ~~e~ ncrnuluraleu.l ~wnmxrn•m~anaM awn,aa~ N ~ ~ - --~ W Z O / a 0 N 3 O W O 0 w w w ~ w U O N / N w 0 O ¢ ~ ~ w a U O ¢ z -OT 44 rn m 0] 0 w ¢ a "~ w a ,\ ~~ ~Sp/~ / ~_-~ (114.24') \ ..~-- (51.390 ~ ~~hp 61 /~. LOT 5 r~ J \ `~~/, PLANNED RESIDENTIAL REZONING m m CONCEPTUAL DEVELOPMENT PLAN Q a ~ m LOT 1-7, 8, 9, 46, 47, 48, 49, 50, ~ w & LOT 2-51 OF LENOX ADD. ° U CITY OF DUBUQUE, IOWA N Z O N w J NOTES ~ U w O L~ m 1. OWNER: I- \ J LOT 1-7 LENO% ADD. (1027279019) ~ Q at Q ¢ DUBUQUE PROPERTY MANAGEMENT LLC O \ ~ m LOT 8 IENOX AOD. (1021279018) ^ w DUBUQUE PROPERtt MANAGEMENT LLC w LOT 9, 46, 47, 48, 49, 50, 3e LOT 2-51 ~ LENO% ADD. (1027279024) - - _ - DUB000E PROPERtt MANAGEMENT LLC 2. EXISTING ZONING: R-2 FOR LOT t-7, 8, k LOT 9 OF LENOX ADD. R-i FOR LOT 46, 47, 48, 49, SD, p 4 & LOT 2-6Y OF LENO% ADD. ~Lj ~ u 2 ~ 3. SCREENING IS TO BE INSTALLED PER CITY OF ~ ~ ~m DUBUQUE REQUIREMENTS. /ww h o~a ¢0Nn U ~ '^ Wo ~ » ~~ Vb h a " w° n ~Z 5 tD O Z '{ ~ J w O ~ 1 u o O ¢wp N Z QQ'n g ~ a~ O - r - pwW- o' 10' zD' ~ o ~; ^ U ~ p W ~ ~ ~ O m tr o a (7 Z za za o r wz o! ~ W JCL J Q LEGEND, ~ ~ ---------- PROPERTY LINE ~ w > »~••~»~ PROPERTY UNE PERIMETER W ° ~ --- - PROPERtt UNE (INTERIOR) W ~ ( ) RECORQ DIMENSION = W J XTG. BOC ~ ~ Q PRO. BUILDING F - - - - CENTERLINE ° W 0. PRO. PAVING EDGE Z %TG. EXISTING U PRO. PROPOSED Q Z (TYP.) TIPICAL ~ O U y~OF~. REZONING STAFF REPORT Zoning Agenda: August 6, 2008 Property Address: 2635-2635'/2 University Avenue Property Owner: Dubuque Property Management LLC Applicant: Greg Prehm Proposed Land Use: Residential Existing Land Use: Adjacent Land Use Residential/Vacant North -Residential East -Residential/Commercial South -Residential West -Residential Former Zoning: Proposed Zoning: PR Existing Zoning: R-1/R-2 Adjacent Zoning: North - R-1 East - R-1/C-1 South - R-2 West - R-1/R-2 1934 -Business B/Single-Family; 1975 - R-2/R-4/C-1; 1985 - R-1 /R-2 Total Area: Aprroximately 1 acre Property History: The property consists of 8 lots within the original Lenox Addition that was subdivided in the late 1800s. A two-story commercial structure was built at this location in 1902. Seven of the remaining lots were converted to a mobile home park circa 1950 for 13 units. The property has been through subsequent rezonings and has been legally non-conforming since 1975. There are 8 mobile homes remaining on the subject property, several of which appear to be from the original mobile home park. Physical Characteristics: The subject property is approximately 1 acre in size with 150 feet of frontage along University Avenue and 260 feet of frontage along the Beverly Street/Van Buren Avenue frontage. There is approximately 18 feet of grade change between the University Avenue frontage and the low point along the intersection of Beverly Street and Van Buren Avenue. The property is bisected by a gravel drive that connects University Avenue to Van Buren Avenue and Beverly Street. There also is a second driveway on the west half of the property with direct access to Beverly Street. Concurrence with Comprehensive Plan: The Comprehensive Plan calls for this area to be developed for single- or mixed-residential use and encourages the concept of mixed-use development to create diverse and self-sufficient neighborhoods. The Comprehensive Plan also encourages revitalization of unused or underused properties and recommends buffering and protecting incompatible uses from each other. Rezoning Staff Report - 2635 2635'/ University Avenue Page 2 Impact of Request on: Utilities: Existing utilities are adequate to serve the site. Traffic Patterns/Counts: The Iowa Department of Transportation 2005 Annual Daily Traffic Counts indicate 9,900 vehicle trips per day along University Avenue approximately 1 block east of the subject property and 7,500 vehicle trips per day along University Avenue approximately 1,000 feet west of the subject property. dated up to 15 units in the past including 13 mobile homes and and a duplex. The Institute of Transportation Engineers (ITE) trip generation data indicate that a development with fourteen multi-family units would generate approximately 82 vehicle trips per day. Approximately 53 of these vehicle trips would access Beverly Avenue and 29 vehicle trips would access University Avenue. If the subject property were to be replatted and developed under current zoning standards, the entire site could generate approximately 83 vehicle trips per day. The traffic generated by the permitted single and two-family development may equal that generated by the proposed PUD. The additional traffic generated by the proposed development will be relatively minor compared to the overall traffic in this neighborhood. However, the location of the eastern-most driveway for the three- plex is not ideal as it is very close to the angled intersection of Beverly and Van Buren Avenues. City Engineering has reviewed the drive access and has not expressed concern with the driveway configuration. Public Services: Existing public services are adequate to serve this site. Environment: Staff does not anticipate any adverse impact to the environment provided adequate erosion control and storm water control is provided during all phases of development. Storm water management measures will be required for this site and will be reviewed during the site plan review process. Adjacent Properties: The proposed PUD will place 14 units within a 1-acre parcel. The structures will consist of 3 three-plexes and a five unit apartment. Currently, the property could be redeveloped for 5single-family homes and 3 duplexes. The PUD will enable the property owner to place 3 additional residential units at this location. When redeveloped, 8 mobile homes and a duplex will be removed. Redevelopment of the subject property will serve to remove deteriorated housing stock, eliminate unpaved drives and parking areas, remove scut-through driveway and increase the value of the subject property with new residential structures, landscaping and pavement. However, the proposed redevelopment will be slightly more dense than permitted under R-1 and R-2 standards and may generate slightly more traffic than is currently created by the existing housing stock. CIP Investments: None proposed. Rezoning Staff Report - 2635 2635'/ University Avenue Page 3 Staff Analysis: The applicant is proposing to rezone an approximately 1-acre parcel with frontage along Beverly, Van Buren and University Avenues from R-1 Single-Family Residential Districted and R-2 Two-Family Residential District to PR Planned Residential zoning district. The property is located in a mixed-use neighborhood with single and multi-family residences, offices and a hair salon. The applicant proposes to remove 8 deteriorated mobile homes and an existing deteriorated duplex, and replace them with 3three-plexes and afive-unit apartment building for a total of 14 units. The applicant will eliminate an existing gravel cut- through driveway between Beverly and University Avenues and replace it with a 20' paved drive that will serve the five-unit apartment building. Parking and garage access for this building will be located around back. The three three-plexes will each have individual driveway access onto Beverly Avenue. The driveways will be 35' deep, enabling some vehicles backing from the driveway to turn and face Beverly Avenue before entering the street. Each unit within the development will provide three paved off-street parking spaces; two surface spaces and one space within a gagage. All residential structures on the subject property will be built a minimum of 6 feet from the adjacent side property lines, which is the standard setback for single and two-family residential districts. The three-plexes will be built 35' from the front property line along Beverly Avenue and the five-unit apartment building will be built 15 feet from the front property line along University Avenue. The five-unit apartment building will, however, be in line with the adjacent residential and commercial buildings. The conceptual development plan indicates that traffic from five of the proposed 14 residential units will exit onto University Avenue from a 20' wide driveway and the remaining 9 units (three three-plexes) will access Beverly Street and Van Buren Avenue from three driveways. If the property were to be redeveloped for a combination of single-family homes and duplexes, it could accommodate up to 11 units. It appears the property has accommodated up to 15 units in the past including 13 mobile homes and and a duplex. ITE data indicates that the traffic generated by the permitted single and two-family development may equal that generated by the proposed PUD. The additional traffic generated by the proposed development will be relatively minor compared to the overall traffic in this neighborhood. Site plan and PUD standards require that storm water from the development be managed as per City Engineering standards, that all driveways and parking areas be paved, that the required amount of off-street parking be provided and screening be placed between the existing residential development and the new development. The redevelopment of this property may generate some additional traffic that will access the public right-of-way along Beverly Avenue close to the Van Buren Street intersection. The Engineering Department recommends that the driveways be widened so that vehicles turning while backing do not run onto the grass. The PUD provides in excess of 46% green space for the development when 20% maximum is required. This area can be used for storm water detention or infiltration and recreation. Rezoning Staff Report - 2635 2635'h University Avenue Page 4 The Engineering Department will also require new sidewalks along the University and Beverly frontages. Staff recommends the Board review the criteria established in Section 6-1.1 regarding rezoning. Prepared by: ~ ~ _ ~ ~~~ Reviewed: ~ Date: su-~y 3°, ~~~ F:\USERS\Kmunson\WP1Boards-Commissions C1Staff Reports\ZAC Staff Reports 200812635 University Ave 05_22_08.doc Prepared by: Laura Carstens. City Planner Address: C_itY Hall, 50 W. 13th St Telephone: 589-4210 Return to: Jeanne Schneider. City Clerk Address: City Hall- 50 W. 13 St Telephone: 589-4121 ORDINANCE NO. 08 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 2635-2635'/2 UNIVERSITY FROM R-1 SINGLE-FAMILY RESIDENTIAL AND R-2 TWO-FAMILY RESIDENTIAL DISTRICTS TO PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PR PLANNED RESIDENTIAL DESIGNATION AND ADOPTING A CONCEPTUAL DEVELOPMENT PLAN. 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 from R-1 Single-Family. Residential and R-2 Two-Family Residential Districts to PUD Planned Unit Development District with a PR Planned Residential District designation and adopting a conceptual development plan, a copy of which is attached to and made a part hereof, with conditions as stated below, to wit: Lots 1 of 7, 8, 9, 46, 47, 48, 49, 50, and 2 of 51 Lenox Addition, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. Planned Unit Development Regulations. A. Use Regulations: The following regulations shall apply to all uses made of land in the above-described PUD District: 1. Principal permitted uses shall be limited to 14 dwelling units. 2. Accessory uses shall include any use customarily incidental and subordinate to the principal use it serves. B. Lot and Bulk Regulations Development of land in the PUD District shall be regulated as follows: 1. The proposed development shall be constructed in substantial compliance with the attached conceptual development plan. 2. Maximum building height shall be limited to 30 feet. C. Performance Standards: The development and maintenance of uses in this PUD District shall be established in conformance with section 3-5.5 of the Zoning Ordinance and the following standards. 1. Adequate erosion control shall be provided during all phases of construction. 2. Off-street parking shall be provided as shown on the approved conceptual plan. 3. Storm water control facilities will be installed as per City Engineering requirements. 4. Final site development plans shall be submitted in accordance with Section 4-4 of the Zoning ordinance prior to construction of any buildings. D. Open Space and Recreational Areas: Open space and landscaping in the PUD District shall be regulated as follows: 1. Those areas not designated on the conceptual development plans shall be maintained as open space as defined by Section 8 of the Zoning Ordinance by the property owner and/or association. E. Sign Regulations: Signs in the PUD District shall be regulated in accordance with R-1 sign regulations of the Zoning Ordinance. F. Transfer of Ownership: Transfer of ownership or lease of property in this PUD District shall include in the transfer or lease agreement a provision that the purchaser or lessee acknowledges awareness of the conditions authorizing the establishment of the district. G. Modifications: Any modifications of this Ordinance must be approved by the City Council in accordance with zoning reclassification proceedings of Section 6 of the Zoning Ordinance. H. Recording: A copy of this Ordinance shall be recorded at the expense of the property owner(s) with the Dubuque County Recorder as a permanent record of the conditions accepted as part of this reclassification approval. This Ordinance shall be binding upon the undersigned and his/her heirs, successors and assigns. Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 4. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this day of 2008. Attest: Roy D. Buol, Mayor: Jeanne F. Schneider, City Clerk -._ m '~-•~_,~~~ `~e~~ `` - __ --"-- PLANNED RESIDENTIAL REZONING m o m - ~ ` SKI q~1r _ ~ _ ~ -- - - --' ~ CONCEPTUAL DEVELOPMENT PLAN ~ ~ x ¢ , ~Z` LOT 1-], 8, 9, 46, 4], 4B, 19, 50, ~ w \'~ k LOT 2-51 Or lENO% ADD. ~ V -~- ~ ~~ LITY OF UUBUOUE, IOWA _ _, a __- _--------- ------ --~ N ___ _ __. _- - - - ~~_g. REN o _ -- e .. N -~ I/~ N n _ „ -- ..- ~ e / ___ ~~ ~ ,- \ LOT 52 ~cP~'/• ~ 1~ lplEp-) IENpM App. hpD2)ep,e) a m < a ~\ //5,.e~/ C 1 \; '~ / .•G~,• Lot e ~~NOx .ROUO.Ej,onnao,e) u) uc o ~ vl'i -- -.--. _ / 7 I~ i1 ~. • ~ ~`J LOi \ ~./ \ \ LotoueuouE )Pnrou))~. koiaii-iip ,~ _ - / ~ ~P 1-57 \ /,O~/l LENO% App. (103)3)9p3A) •ao ., / % "/ l pUeUpUE PnpPCniY WMAGEYFx) U.[ °o /' / ~ ~~ ~ / \ /// ax e'er \ LOT 5 3 n io)on Laini-) p0. a Lo* e n / '/~~~. / J .\~ . /; aC a.Op' '~\ O,,B k lOT 3-el D< LENOM Aw. ~= C o j ~ ' _I~ ;'ivet ~ / '~ ~.%Ly 3:. sc~c~YNC rs )o eE Ws)AUfo vu an a ~ %~~~ \ - ~ ..Sp`\ GREEN SPACE ..o \ REWRtCVCNIa ~ ~~ /.•/~ ,/..~/'[/ ~ -/.'•. 4'~ ~.\ \ (PLAY AREA) 4n• 106 ~\ Na2 K~ < _/ ~N \ !' • ida O \ - ~ \~~ ~ ,s.o ~ ea p•, o~l~~p. WgCet / ! - xo c3rxxy ffi~n~ •P,p~ @ ~ \ LOT 45 \ \ \ l0T 10 ~ ~ y / '~ !% _YY a z m .oT as `\ 1~. ,\ LoT 11 ~'\ j ~ /% i ,/' ~ F ~' ~ i ~ z m / \ LOT 72 ~. •'i/ ~ / -..-..-.-~-)MaORER)r LINE F z~ g \ / ./~ O \ \ \ l % ! . i%~ /.~ % inp~PEn:: iwe jERrexR nn> '~ No a , /~• •~\ ~ ;•o •.\ L•li% ,;'i" %~ /•.% t 1 :ic`.aa co.1EN9pWN v=i ~ a / ~ \ LOT 13 '\ /~/ ~ // /~ / PRO. fx~>~NC Cppf a Z .•/~ o \ ~ /~ i~ i ~ GF 2 ____.._..._._ 0~16(ti1A L ~' B mn ~~~ ~OL D~ ~ll.~t-K ~ ~ i `~.~ /~"t ~ ``'~5,,~--mac ~D The following signed persons are against the rezoning of property 263 5- 263 5 1 \2 and 2641 University Avenue from R-1 Single -Family Residential District and R- 2 Two Family Residential District to PR Planned Residential District. ~~~~l© $' Name Address s ~ ~ ~~~~ ~,r~ -o~ ~ ~ ~-~ 1~~ 13 ~;~~- ~ ~_c~ Ur~Pa ~~ 7 Ct:Cre . ~~ ~~ ~~ ~/3 ~~, v-~, The following signed persons are against the rezoning of property 263 5- 263 5 1 \2 and 2641 University Avenue from R-1 Single -Family Residential District and R- 2 Two Family Residential District to PR Planned Residential District. ~~~~~ 3~ ~g Name Address C~ ~ The following signed persons are against the rezoning of property 263 5- 263 5 1 \2 and 2641 University Avenue from R-1 Single -Family Residential District and R- 2 Two Family Residential District to PR Planned Residential District. i` a,i,~ © g Name Address ~~ ~ M~~~~~ Z~6z vN ~ ~~~5 ~~ A~ ~~F 33 3~{7 o~ el~ c~~ S~~e, ~~ ~,G1L (...~6Z ~~n1J~2~Sl~ f~1~'P~ 1 o~m `~ ~ r-e~v, e S Z ~ 38 ~ n ,' ~ rS ~ V ~ The following signed persons are against the rezoning of property 263 5- 263 5 1 \2 and 2641 University Avenue from R-1 Single -Family Residential District and R- 2 Two Family Residential District to PR Planned Residential a~ ~ as ~~ ~~ I ~S_ a9 ~C District. ---~ (a~z(a-d a ~ Name Address /J n acQ~~f ~ ~ ~ ~~ I ~1 `~ J ~ ~ ~(~ I, The following signed persons are against the rezoning of property 2635- 2635 1\2 and 2641 University Avenue from R-1 Single -Family Residential District and R- 2 Two Family Residential District to PR Planned Residential District. 7/~a - /~g ~~ ~~ /S /(p /7~ /~ /9 d ao aid ~a~~ ~3 /Ul Name l~-~d~~ Address -,i,~ 1/ I ,S~'~ - 5,x,6 ~ :spa-$~p3 The following signed persons are against the rezoning of property 263 5- 263 5 1 \2 and 2f 41 University Avenue from R-1 Single -Family Residential District and R- 2 Two Family Residential District to PR Planned Residential District. ~~~ Q c~ i Comments in opposition to establishment of the Planned Public Unit Development District by Dubuque Property Management. Zoning Advisory Commission Au u~st 6, 2008. Before commenting on the proposed Planned Unit Development District, I would first question the authority to establish it. Although no development conditions for bulk regulation were included in the development plan (a requirement per 3-5.5 (E) (2) (m)) it is impossible to fathom a bulk regulation to fit the proposed construction to the existing lot boundaries. Defining new lot descriptions would violate section 2-4.4 "...lots created after the effective date hereof shall meet at least the minimum requirements established by this Ordinance. (Ord. 13-85, 3-18-1995) The ordinance states in 3-5.5 (B) a PUD maybe established on any parcel over 2 acres. Since this proposal covers a parcel less than an acre there is no authority to establish it. M~" Comments to the Conceptual Development Plan. 1. This proposal does not adhere to general standard 3-5.5 (D) (1) (a) "The density and design of the PUD shall be compatible in use, size and type of structure, relative amount of open space, traffic circulation and general layout with adjoining Zand uses, and shall be integrated into the neighborhood. " The fourteen units in this proposal exceed the density of any other residential zoning district available and in no imagination match the density in the neighborhood. A requested variance to build three two family structures on the three lots already zoned R-2 was denied by the Zoning Board of Adjustment Docket 42-08, 43-08 and 44-08 on July 2$, 2008. The lot sizes were too small and the side yard setbacks too close. This proposal only expands the area of excessive density that was previously denied. 2. This proposal does not adhere to general standard 3-5.5 (D) (1) (b) "the PUD shall take into consideration the impact in existing streets and utilities. " a. Two of the four driveways in the proposal conflict with intersections on Van Buren and Beverly; and Van Buren and Nebraska. A third access is to the busy University Avenue. The proposal did not include "Proposed access to public right of way, including approximate grades, traffic projections and general indication of traffic control measures. " as required by 3-5.5 (E) (2) (g). The negative impact of this on vehicle and pedestrian traffic was not considered or mitigated. Backing a vehicle into an intersection is not good traffic control. b. There will be a negative impact on utilities. Storm water runoff and snow melt will be greatly increased. By doubling the number of family unit structures and parking over what is now allowed will greatly impact run off. The coefficient of runoff (runoff/rain) is 0.90 to 1.00 for roofs and pavement. The coefficient for light vegetation is 0.15 to 0.45. Runoff from this area could increase by two to six times. The natural drainage is from east to west. The impact of runoff can not be accurately assessed because the proposal did not include "Location of existing infrastructure and utilities, including: streets with appropriate grades, sidewalks; access drives; water, sanitary sewer and storm sewer drainage systems, where appropriate" as required by 3-5.5 (E) (2) (f). Also not included are "Existing contours of the property taken at regular contour intervals " as required by 3-5.5 (E) (2) (i). The sanitary sewer was not evaluated as required in the submission of the conceptual development plan. This proposal does not define the nature of development or address any of the specific standards required by 3-5.5 (D) (2). (a) Maximum land coverage of all buildings and impermeable areas shall be established. (b) Minimum open space shall be established and continued maintenance of the open space shall be provided in the specific PUD ordinance. ("Open space" means land area of the PUD not covered by buildings, parking or vehicular maneuvering areas, but including storm water detention basins, recreational and pedestrian areas, natural features, such as water courses, woodlands, bluffs, etc., acid private yards, if any.) (c) Minimum interior and perimeter setbacks shall be established. (d) Structures, other than single family, adjacent to existing single family dwellings must be adequately screened and landscaped. (e) Sign regulations for the PUD development shall be established. (~ Provision for the continued maintenance of all improvements shall be noted within the ordinance establishing the PUD district. 4. The proposal does not contain sketches of the development as required by 3-5.5 (2) (h) or proposed development conditions for bulk, sign and parking regulation as required by 3-5.5 (2) (m). This leaves the proposed utility district open to future development that is not defined. If "a location map or other framing at appropriate scale showing the general location and relation of the property to surrounding areas, including the zoning and land use pattern of adjacent properties, the existing street system in the area, and location of nearby public facilities" as required by 3-S.S (2) (n) were included it would show that this development is incompatible with the single family housing in this area. Conclusion. The due diligence required by city code to apply for the PUD development was not completed. The Conceptual Development Plan was a single layout drawing not the fourteen requirements specifically identified in 3-S.S (E) (2). If it had been completed, it would only demonstrate that this development is incompatible with the surrounding area. Planning Services Department City Hall 50 West 13~ Street Dubuque, IA 52001-4864 (563) 589-4210 phone (563) 589-4221 fax (563) 690-6678 TDD planninQ@cityofdubu~ue org r--r~: c:Y~r~~ c~~ .r,-. - ........... ~~1~«~i~~x -~..~--~ ~#~7:3F?i3~ii ~~ ~'1rZSfc'1'~:t;-c'i:t' b12 .f17f' :~~i~ ~tSSt~~rz ?_?}L ~ July 31, 2008 VIA Email to Dennis Michael O'Meara domeara45~hotmai I. com RE: Dubuque Property Management, LLC Rezoning Dear Mr. O'Meara: I have been asked by City Manager Michael Van Milligen to respond to your July 9, 2008 email inquiry to the City Council regarding the University Avenue Planned Unit Development (PUD) rezoning request. As outlined in your email, the Zoning Advisory Commission (ZAC) followed their standard parliamentary procedure during their June 18, 2008 public hearing on the University Avenue PUD rezoning request. There was significant neighborhood opposition to the request. The ZAC had a number of concerns with the PUD, and voted to recommend denial. At the July 2, 2008 ZAC meeting, the applicant re~,quested and was granted + ceconsider`~ti4rt by the ZAC in order to present anew PUD application that the applicant believes wilC'respond to the concerns of the adjacent neighbors and the Commission. Since the ZAC y,~ted,to reconsider on July 2, 2008, there was no longer a recommendation to be transmitted to the City Council for their July 7, 2008 meeting. Parlimentary procedure states that if a motion to reconsider is passed, the original vote is thrown out and the matter is up for debate again. We followed our standard procedure when the applicant requests reconsideration of a request. In consultation with the City Attorney's Office, we routinely have held the ZAC's recommendations on rezonings from going on to the Cit Council fora public hearing until after the ZAC votes on an applicant's request f` l'~t~On. There is no purpose served by the City Council holding a public hearing on a rezoning proposal when the applicant is asking for reconsideration by the ZAC. ~~ Dubuque Property Management, LLC Rezoning Page 2 When rezoning requests are reconsidered, we again follow the public notification process. ~ new public hearing is held by the ZAC. The public hearing notice is published in the local newspaper and notices of the hearing are mailed to property owners within 200 feet of the subject property. This process will be used for the University Avenue PUD rezoning. reconsideration. The ZAC will hold a`hew public hearing on this request on August 6. The general public and the adjacent property owners will again have an opportunity to attend the public hearing and to submit their comments to the ZAC on the request. In preparing this response, Assistant City Attorney James O'Brien reviewed the Iowa Code provisions dealing with this issue, namely Chapter 414, and the City Code provisions, namely Section 6 of the City of Dubuque Zoning Ordinance. His review of the applicable city and state law on this matter indicate the following: 1. Both City and State law require the Zoning Commission and the City Council to hold public hearings on rezonings; 2. Both City and State law require the Zoning Commission and the City Council to take certain action on rezoning requests; 3. The City Code requires the Zoning Commission to act on a rezoning request "within 60 days following the first Commission meeting at which the request is received." (§6-1.4) 4. Section 6-1.4 allows the applicant for the rezoning to request an extension of the 60-day time limit for Commission action. 5. If the Commission does not act within the 60-day period and no extension has been requested by the applicant the request for the rezoning is deemed to be approved. 6. After the Commission has acted on a rezoning request or if they fail to act within 60 days without a request for extension by the applicant, the matter is to be forwarded to the City Council via the ~i#y C1er~ttwith". 7. The term forthwith is not defined and is generally construed to mean forwarded without undue delay. Justifications for delay can include a request for reconsideration by the Commission or a withdrawal of the application by the applicant. 8. The Commission has the power to "reconsider" at its next regular meeting upon the motion of a person voting with the majority on the original vote. 9. A rezoning application can be withdrawn at any time in the process. qa Dubuque Property Management, LLC Rezoning Page 3 10. A withdrawn application can be refilled by the applicant but the process must start over from the beginning and a new fee must be paid. 11. A rezoning application can be amended at any time in the process but if the amendment is deemed to be a material or major change, new public hearings before the Zoning Commission and City Council must be held. 12. Any deadlines imposed by the City and State code are generally construed to be protections for the applicant and serve as protection for the applicant from unwarranted delay by the government. This type of protection can be waived by the person for whom the protection was established. 13. Even if the applicant were required to pursue the process to its end, the application, if denied, could be refiled at some later date. In that ~v~nt the process would start again. Please contact the Planning Services Office if you have questions. Thank you. Sincerely, Laura Carstens Planning Services Manager LBC:JAO:tIs cc: Michael Van Milligen, City Manager Kyle Kritz, Associate Planner Guy Hemenway, Assistant Planner Barry Lindahl, City Attorney James O'Brien, Assistant City Attorney Windows Live Hotmail Print Message Page 1 of 2 Re: Citizen inquiry From: Laura Carstens (Lcarsten@cityofdubuque.org) Sent: Thu 7/31/08 3:42 PM To: domeara45@hotmail.com Cc: Hemenway, Guy (Ghemenwa@cityofdubuque.org); Kritz, Kyle (Kkritz@cityofdubuque.org); Lindahl, Barry (balesq@cityofdubuque.org); O'Brien, Tim (Tiobrien@cityofdubuque.org); Van Milligen, Mike (CtyMgr@cityofdubuque.org) Attachments: OMeara_DubuquePropertyManagementLLCRezoning.doc (127.4 Security scan upon download ~ *~~~~, KB) Dear Mr. O'Meara, Please see attached letter in response. Laura Carstens Planning Services Manager 50 W. 13th Street Dubuque IA 52001 Phone:563-589-4210 Fax: 563-589-4221 »> Mike Van Milligen 7/24/2008 9:20 AM »> We need to respond to this inquiry. Please copy me on the response. »> Dennis O'Meara <domeara45@hotmail.com> 07/09/08 1:22 PM »> For the Honorable Mayor of Dubuque and Council Members: This a-mail is in regards to the rezoning of property 'commonly known as' 2635-2635 1/2 University Avenue and the property owner "Dubuque Property Management LLC."The Zoning Advisory Commission's original Public Hearing was noticed and scheduled for June 6th but canceled for lack of a quorum and rescheduled to Wednesday June the 18th as a noticed Public Hearing. The property in question was identified and open public discussion took place for any interested parties and/or their agents. The Commission then closed the public portion of the meeting and debated the reclassification and rezoning issues.After full discussion amongst the 6 commission members; the rezoning issue question was called by the Commission Vice Chairman Jeff Stiles. The recorded votes were all 6 members voting. against the proposal of rezoning the 3 platted lots on University and the 5 platted lots on Beverly Street intoa Major Subdivision as a "Planned Residential (PR) District." [Otherwise known as a PUD -- Planned Unit Development] Ultimately then, the Commission opined the applicant's rezoning request to the city council's next meeting of July 7th per state law. Since the law and city ordinance requires a public hearing and its final disposition, the Vice Chairman Jeff Stiles is required to and "must" submitted the commission's final report as the Vice Chairman's presentation to the city council within 10 days. In viewing the city council's agenda for the July 7th meeting there was no indication or scheduling for the city council to affirm or deny the "Zoning Advisory Commission's recommendation." Even so, the Ord. Sec. 6-1.4 states (Commission Action) in the last sentence thereof: "A recommendation of the commission shall forthwith be transmitted to the city clerk." [Emphasis mine] It is now the Publics understand according to the city Planning's Services Department that the Landowners of the real property is withdrawing their reclassification or rezoning application and submitting several 'new' applications for the property in n j/ http://b1118w.blu 118.mail.live. com/mail/PrintShell. aspx?type=message&cpids= l ed5010e-... 7/31 /2008 Windows Live Hotmail Print Message Page 2 of 2 question. It should be known and understood that over 'eighty' (80) persons signed and tendered valid petitions against the rezoning of this property -- per the city ordinance -- the documentation was submitted to the Zoning Advisory Commission at the open public hearing, as required. Consequently, the petitioners and the public as well, fails to see how the property owner Dubuque Property Management LLC can and is able to remove and withdraw from the proper legal processes! Please, provide us with the proper date for continuance and resolution of this matter. LENOX NEIGHBORHOOD ASSOCIATION Dubuque, Iowa /s/D. Michael O'Meara D. Michael O'Meara Agent-in-Fact http://b1118w.blu 118.mail.live. com/mail/PrintShell.aspx?type=message&cpids= l ed5010e-... 7/31 /2008 Windows Live Hotmail Print Message Page 1 of 2 Windows Live" ./~C.._~ / ~,~ 6 ~~ ~'~~~~~ RE: 7 day notices From: Dennis O'Meara (domeara45@hotmail.com) ', Sent: Tue 8/05/08 10:57 AM ', To: Tim O'Brien (tiobrien@cityofdubuque.org) __ _. M r. O'Brien-- Thanks you for this reply! However, I did also raise the issue on documentation wherein the Applicant officially withdrew the application for further consideration to the City Council. As you know, or show know, the ZAC denied the reclassification or rezoning request and forwarded its "recommendation" to the City Clerk wherein the Clerk Published legal Notice on June, 27th as advance notification for the City Councils action on July 7, 2008. The Council NEVER act upon the ZAC recommendation one way or the other. Consequently, the individual persons I represent would like copies of the Official Notification to the City to stop any and all actions in regards to the real property. Therefore, please provide that document for our review and notification purposes; understanding that the item and issues never appeared on the Councils Agenda or were call for disposition of ANY kind. Thanks in advance for any documentation you can provide. Lenox Neighborhood Association Dubuque, Iowa /~~ ~. M ' O'Mea~a~ ~i http://b1118w.b1u118.mail.live.com/mail/PrintShell.aspx?type=message&cpids=8282b906-2... 8/5/2008 Windows Live Hotmail Print Message Agent-in-Fact 17. ~l ' O'1~lea~c~ Date: Mon, 4 Aug 2008 10:24:43 -0500 From: Tiobrien@cityofdubuque.org To: domeara45@hotmail.com CC: Ghemenwa@cityofdubuque.org Subject: 7 day notices Page 2 of 2 Mr. OMeara, Guy Hemenway asked me to respond to your request for "an affidavit of mailing" of the notices sent regarding the public hearing to be held on August 6 by the Zoning Advisory Commission. Please be advised that there is no such affidavit. The Planning Department staff mails out the notices and then at the meeting reports to the Commission that the notices were duly mailed. We will be able to provide you with a copy of the statement when it is signed and given to the Commission at the meeting. If you have any other questions please let me know. JA OBrien, Assistant City Attorney Reveal your inner athlete and share it with friends on Windows Live. Share now! ~3~ http://b1118w.blu 118.mail.live.com/maiUPrintShell. aspx?type=message&cpids=82 82b906-2... 8/5/2008 Du~ucue, A Circ. 3' 624 From Page: •oc 6/27/2008 41668 v~c' and Tile sta(~ reports. v r The next meeting is scheduled for July 2, 2006, in the Conlerence Roam at the City of Dubuque Mu- nicipal Services Center, 9~5 Kerper Court, Dubu- que, Iowa. Wblic comments includ- e~Frlr. Jones reporting on th8 City o1 Dubuque's de- ci~iott to convert the wastewater treatment pl~ipt to an anaerobic di- g~stion process, which miy provide a bi-product fob compost purposes. Mr. Goddard indicated that this information will be in- clyded in the Agency's compost study, which is being completed this sutiJ[ner. Motion made by Mr. Jones, seconded by Mr. Resnick, carried unani- mously to adjourn at 5:30 p.m. Respectfully submitted by Mary Ann Specht Agency Recording Secretary 1 t 6/27 OFFICIAL Cf?Y OF ASBURY, IOWA COUNCIL PROCEEDINGIS Regular Maeting: 6/24/08 Council met at 7:02 P.M. Present: Mayor Adams, Councilmembers Reisch, Roth, Nedved, Perrin, and Kindle. Upon motion, the con- sent agenda was approved without Items E and I: Mi- nutes from the 6/10/08 regular meeting. Reports: 1).Pfenning and Zoning; 2 Public Works; 3) Police 4~ Capital Project, 5) Utility B ord. Receipts: General F -13,669.39, Sewer Utili- ty. Fd-46,691.03, Solid Waste Fd•14,127.84, Wa- ter Utility Fd-42,956.32, D6b1 Service Fd-1,485.06, Erjiergency Fd-169.97, Employee Benefit Fd- 56.93, K-9 Fd-900.00, Op- tion Tax Fd-23,594.74, Park Expansion Fd-30.00 ana Road Fd-17,634.93. Bits: Payroll-17,160.68, Excavating. (Unanimous) Upon motion approved Resolution No.87-08, a resolution to approve Change Order No. 3 to 7schi~gfrie Excavating. (Unanimous) Upon motion approved Resolution No. 88-08, a resolution io approve Pay Request No. 3 to Tschi$gfrie Excavating. (Unanimous) Upon motion approved Resolution No. 69-08, a resolution to approve Pay Request No. 2 to Drew Cook Excavating. (Unani- mous) Upon motion approved Resolution No. 90-08, a resolution to approve Pay Request No. fi to Dave's Complete Construction, Inc. (Unanimous) Upon motion approved to waive the 5500 hook-up fee until December 31, 2008, for property owners in the Wedgewood Subdi- vision who are required to connect to the city sanitary sewer system by Decem- ber 31, 2009. (4 ayes, 1 nayUpon motion, meeting adjourned at 8:07 p.m. (Unanimous) Elizabeth Bonz City Administrator 1 t 6/27 OFFICIAL CITY OF PEOSTA, IOWA COUNCIL PROCEEDINQS Regular meetingg: 6/24/08 Council met at 7;00 p.m. Present: Mayor Jlm Weydert, Council mem- bers Avenarius, McDonald, Mescher, Recker, Stephan Absent: None Upon motion approved the agenda. (Unanimous) Upon motion approved Resolution 82008-27-A Resolution Approving Job Descriptions for the City of Peosta. (Unanimous} Upon motion gave au- thorizatan to post the part-time public works po- sition on AccessDubuque.com end CITY OF DUBUQUE, IOWA OFFICIAL. N071CE NOTICE is hereby given that the Dubuque Clty Council will conduct a public hearing at a meeting to commence at 6:30 P.M. on July 7, 2008, in the His- toric Federal Building 350 West 6th Street, on the fol- lowing: Request of Dubuque Property Management LLC to rezone property located at 2635-2635 'h University Avenue from R-1 Single- Family Residential District and R-2 Two-Familyy Resi- dential District to PR Pan- ned Residential District. Request of the City of Dubuque to amend the Dubuque Industrial Center West PUD Planned Unit Development Sign Regula- tions to allow primary signs to identify products or services. Request of Cottingham and Butler to place a free- standing sign along the Main Street frontage in a C-5 zoning district. A copy of supporting documents Tor the public hearings are on file In the City Clerk's Office and may be viewed during nor- mal working hours. Written comments re- garding above reclass- ifications/amendments may be submitted to the Cky Clerk's ONice on or before said time of public hearing. At said time and place of public hearing all interested citizens and parties will be given an op- portunity to be heard for or against said reclassifica- tion. Any visual or hearing im- paired persons needing special assistance or per- sons with special accessi- bility needs should contact the Clfy Clerk's Office at (563) 569-4120 or TDD (563) 690-6678 at least 48 hours prior to the meeting. /s/Jeanne F. Schneider, CMC, City Clerk 1 t 6/27 Any visual or hearing Im- paired persons needing special assistance or per- sons with special accessi- bility needs should contact the Clty Clerk's Office at (563) 589-4120 or TDD (563) 690-ti678 et least 48 hours prbr to the meetingg. Published by order of.the City Council given on the 19th day of May, 2008. /s/Jeanne F. Schneider, CMC, City Clerk 1 t 6/27 LE('!AL NOTICE i wireless proposes to construct a 190-foot self- support communications tower with adjacent equip- ment cabinets at 11941 Sherri(! Road in Sageville, Iowa in Dubuque County. If you are concerned about the effect this tower may have on Historic Proper- ties, please -espond in writing with in 30 dayys to: Jared Prescott, Trileaf Corp., 56t 3 Gateway Dr., Suite 500, Grimes IA 50111. Please Include the Tower address and the address/location of the historic resource that you believe migght be affected. 3t 6/27, 7/4, 7/11 MINUTES - DUBUQUE PUBLIC SAFETY COMMUNICATIONS CENTER COMMITTEE Wednesdary, Juns 11, 2(708 - Dubugw Law Erttorcemant linter Present: E911 Service Board Chair Chief Tom Berger, Dubuque Fire Chief Dan frown, Dubu- que County F(refighters Association Representa- tive AI Esch, Asbury Police Chief Gene Fanggman, Sheriff Ken Runde, Dubu- que Police Chief Kim Wad- ding Attending: Asbury Police Intern Brad Krause, Com- munications Center Man- ager Mark Murphy, Assis- tanrtryDubuque Police Chief RACOM In, Sam Fleege of Chair Chief Brown called the meeting to order at apprvpnaie aiv cnannei. It was suggested to in- vestigate if the helicopters have 800 MHZ radios. Sam Fleege will check on this. MEETING SCHEDULE The group discussed the need to meet on a monthly basis and scheduling meetings for budget prep- aration. Motion by Chief Wad- ding, seconded by AI Esch to meet during the follow- ing months: July, Septem- ber, November, January, February, March and May. IMyotion carried unanlmous- SALE OF MICROWAVE SYSTEM Sheriff Runde reported that ne has been contact- ed by Ejaad Telecom ex- ressing interest purchas- Png the backup microwave system from the Sunny- crest to Peosta towers. Following consultation with Sam Fleege and consul- tant Leonard Koehnen, he notitled the company that we prould sell the frequen- cies for a cash settlement of 5126,387 plus 510,000 for removal of the anten- nas. Motion b Chief Fangman, seconded by AI Esch to approve sale of the frequencies ff terms of agreement era met. Motion carried unanimously APPROVAL OF BILLS Motion by Chief Wad- ding, seconded by Chief Fangman to approve pay- ment of the bills. Motion carried unanimously. Motion try Chief Wad- ding, seconded by Chief Fangman to adjourn at 2:40 p.m. Motion carried unanimously Respectfully submitted, Denise M. DDolan, E-911 Budget Director 1t 6/27 OPERATION: NEW VIEW COMMUNITY ACTFON AQENCY SCNEDULE OF BELLS ALLOWED FOR THE MONTH OF Wer5000 ~, ~ USecI Vt;;FLic~es~'°L~ -"i`- e~~~ ~ l` ~ -.,, ~ crrx aF o~ u~ City-of -Dubuque D V 17 ~ ~ ~ Planning Services Depaitmenfi Masterpiece on t)ze Mississippi i I I I' Dubuque, IA 52001-4864 Phone:563-589-421D ' ~ - Fax: 563-589.4221 PLANNING APPLICATION FORM fl Variance []Planned District Major SiteiRian ~ •OCQrtificateflfEconom{c Non-Viability Conditional Use Permit ^Preliminary Plat ^Major Final Ptat OCertificate of Appropriateness ^ Appeal ^Minor Final Plat ^Simple Subdivision ^Historic Designation Special Exception (]Text Amendment O'Annexation ONeighborhood Association D ~mited.Setback'Waiver ^Simple Site Plan Temporary Use Permit []Other: ^ Rezon(ng ~ ^Minor Site Plan Properly owner(s): 563 -NSA- ~ ~ `7~5 Address• ~ ~ ~ City: ~ State-•~ ~~ ~ Zip: Fax Number: ~ ~ ~~~ "~~~~ Cellular Number: ~Q 3 - T S~ ` ~ ~'"x-E mail Address: ~"~ .~ U "~°'~ f ~ Applicant/Agent: i" 2 ~~"`~`~`• Phone: ~~ ~ - ~7 ! ` / / Address: ~S ~ City: ~ State: ~~'" Zip: ~~ Fax Number: ~/J'1/V1 ~ Cellular Number: ' ~!~'I" "~ E-mail Address: ~ /Y ~y Site location/addr s: Existing zoning: ~ Proposed zoning: Historic District: Landmark: Legal Description (SidwelLparcel ID# or lot number/block number/subdivision): Total properly (lot) area (square feet or acres): w'v "1~a~ (-J't ~ ~ ~ dv P'~~ C~ ~ 'a Descr/ibe proposal and reaso necessary ttach a letter fexp~ia/~n tion,. if needed): ~ ~ v ~. CERTIFICATION: I/we, the undersigned, do hereby certify that: ~ /`' ~ ` - ~ - t CSC /. C~ tea Jam? , /~-{ I ti I M ~J Nt 1. It is the property-awner's-responsibiti to~ locate property lines and to cii~ your ab ~fo~•~eas~rtients and restriciive covenants. .~ ~ ]ors M ~ ~A~~ S ~ ~ P>'C~P ~~ ~ F~~ t ~ ~Ni?.Y ('~ . 2. The information submitted herein is true and correct to the best of my/our knowledge and upon submittal becomes ~ubiic ~" rernrd; ~ ~ !~ i S'Z 3. Fees are not refundable and payment does not guarantee approval; and 4. Ail additional requi written and graphic aterials are attached. _ _~Q ~ Property Owner(s): s Date: Applican#/Agerat• ~~ ~Date:.~ - ~'-~ FOR OFFICE USE ONLY -APPLICATION SUBMITTAL CHECKLIST ~ - Fee:~_~ ~~iteceived by: ~~ Date: (~ 3n -`yet: ~ ~la-OS" ^ Site/sketch plan^ Conceptual Developmlent Ptan oPhoto ^ Plat ^ Improvement plans ^ Design re~rlew project description ^ Floor plan ^ Other: ~E CTTY OF SUB E fusterpiece ort the Mississipiai Dubuque 1'II'1 wu~ PLANNING APPLICATION FORM • OVariance Conditional Use Permit ~Appea[ Special Exception [~t~ited.Setback Waiver Rezoning Planned District ^Preliminary Plat ^Minor Fnal Plat ]Text Amendment ^Simple Site Pian ^Minor Site Plan Property own r(s): vv+~" r Address• ~ 6 Fax Number:~o a ~ ~v ~ ~~v0 Ilula~ lican A ent: ~ ~ ~~~ APP t/ 9 City~of Dubuque Planning Services Department Dubuque, IA 52001-4864 Phone:563-589-4210 Fax: 563 X89=4221 flMajorSite~lan -OCertificateoffconomicNon-Viability ^Major Flnal Plat ~Certficate of Appropriateness ^Simple Subdivision ^Historic Designation Annexation Neighborhood Association Temporary Use Permit ~ DOther: ~5~63 - ~~Si - p~~~ City: !~ ~~-~- . State: _~-'~ Zip: ~~ Number: mailAddress: /~ 7 ' ~ ~ 1iIM~ Phone• ~~ ~ S~ r~°~ ~/~ Address: ~~~~' ~ _ C~'NV-~ '~1'''1 ~7'/r~City:~ Gf/~~ State: ~-/~' Zip:~~® Fax Number: ~~' " ` ~_ Cellular Number: ~ ~~ ° ~~ E-mail Address: ~'"vL; Site location/address: F~cisting zoning: ~~„ Proposed zoning: Historic District: Landmark: Legal Description (Bidwell parcel IDS or lot number/block number/subdivision): [ ~ +L7 -~7 a -b t ~ ~g~i ~ 1 `~ ~ r~ ~ ,~ ~t••~rc, 6,~ ~ -~ Z.~e ~c7 r---r w-f ~~ ~~ ~ rte. Total property (I.ot}area (square feet or acres): v ~' ~ ~~ I `~ ~ ~'Z ~ IS'"ir~t~ `~ ~~' Describ proposal and reason necessary (a ch a I er of exp nation,, if needed}: - ~ CERTIFICATION: I/we, the u~hdersigned, do hereby certify that: 1, It is the property-av~tner's responsibiiify to~ locate property lines and ~to checlE your absixacf for eas~ttietits and restrictive covenants. ~ ' 2. The information submitted herein is true and correct to the best of my/our knowledge and upon submittal becomes pubtic record; 3. Fees are not refundable and payment does not guarantee approval; and 4. All additional require ritten and graphic materials are attached. Property Owner(s): ~V y " Date• v / ~~ ` Applicant/Agent: /1 n `~~ - ~Oate: ~ ,~ ~ '~ FOR OFFICE USE ONLY -APPLICATION SUBMITTAL CHECKLIST ~3-aS Fee• ~ D ~. `' Received by: C~ Date• 7 / /d8 Docket: ^ Site/sketch pian^ Conceptual Development Plan ^Photo ~ ^ Plat ^ Improvement plans [1 Design review project description ^ Floor plan ^ Other: OF DUB E Mrxsterpiece on tlTe Mississippi Dubuque ~_ I,IIIjI zoos City•of -Dubuque Planning Services Department Dubuque, IA 52001-4864 Phone:563-589-421D Fax: 563 5$94221 PLANNING APPLICATION FORM flVariance OConditional Use Permit [Appeal Special Exception [~mitedSetback Waiver ^Rezoning Properly owner(s):/ h` Address: ~-- y Fax Number:v ~~ " Appiicant/Agent: Address: l1c 7 ys Fax Number: ~ ~`~• []Planned District flMajor Site •Plan ~ •(]C~rtificate of economic Non-Yability ^Preliminary Plat ^Major Flnal Pfat Certificate of Appropriateness ^Minor Fnal Plat ^Simple Subdivision ^Historic Designation (]Text Amendment Annexation ©Neighborhood Association OSimpie Site Plan OTemporary Use Permit ~ Other: ^Minor Site Ptan ~ y(!1 ~ " "~- Phone•C ~ ` !mil/ ' / `,`/ /n~~A~_~n r ~'y`~- Cky; ~ ~ State: <.L a- gyp; .Z~..- . //~~ ~qQ~' 1~' ~ ~ ~ ~ ~V " V "' ~Celiular Number: ~~~ v ° y / ~ ~~ it Address: '~ """ ~_ ~~~ Phone• ~..1 ~ ~ 1 ~f ~ "YU ~~ti~ ~'C~y; l~ State: ~'Q Zip: ~~~ ~~ ,-/ Cellular Number: ~ ~~ ~vV ~ E-mail Address: J ~~ ~ Site location/address: Fxistritg zoning: Proposed Historic District: Landmark: Lego[ Description {Sidwel( parcel IDS or lot number/Mock number/s~ru-bdivision): ~ ~ - 7 ~ Z7g ' b ~ 8. - • v ~ ~J I J I~ r-~ /, ~ t~ c~ fl - C_.n-7 Oct t7 ~~ ~-~j Total property (I.ot) area {squarelfeet or acres): J , ~`~ ~ P~~' L~ ~ ~ ~`~•~, ~~I (a`y(n(~d\)reasonC V \ l ` CERTIFICATION: I/we, the a(tJrtter of ~cplanat~n,, if needed}: n do hereby certify that ~ ~ 1. It is the properly owner's responsibility to~ locate property1ines and •to checl~ your abstract~for e~s2trients and restrictive covenants. 2. The information submitted herein is true and correct to the best of my/our knowledge and upon subm'~ttal bewmes public record; 3. Fees are not refundable and payment does not guarantee approval; and 4. Ali additional requi wn'tten and graphic terials are attached. Property Qwner(s)• ~~ .Applicant/Agent: ~~ ~~~ Date: ~Oate: T'OROFFICE USE ONLY-APPLICATION SUBMITTAL CMECKlIST goo • (9~-~ Date• ~-a~ocket• ~~~~~g Fee• l Received by: ..~-Site/sketch ptan^ Conceptual Development Plan ^Photo ^ Plat ^ Improvement plans d Design review project description ^ Floor plan ^ Other: ~3 t ,~ LOT 13 ~~ ~+ ~. _ ;?_•. L ~~ \~ 1~ / ~~ ~~~ ~~,~~ ~~/'~1~~ vCJ ~~ ~ ~~ - ~5y ~ ~~~ ii ~- 1 ~~~ ~ ~~~~ r~~l lJ! 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I '~' ~_ ~ ~. ~~ 1 ~• s. .. ~, . , r .. ,_ .: ~ ~ e~ C;l, ~1 ~ ~CL-Y1 ~~ .~ C~ 1 ~ ~ __ ~ ` - - - - ,.t ~a ~ 4` it ~~ .~ ;,,, ,~ ~ ,,, r , r~` iJ \ `,~t s '~ ..~ .r ~~ 1 - ', ~ l .~ ~. •- ~ ~~.~ ~ ~c s av~ d. t ~ ~. v 1°C. p,l2_ _.e,~men~~ ~Ic~GJCs '~ • r ~ a ~ _~ fir. _ 1 / 1~ .1'~ ~ ~' a- +, t _ ~.t »1 ~ +~ ~ r Ali R .~ - ~~ r ~~ ~ ~' i a~ t v ° s ~. r 4 c l . ~ - e ~~ 4 ~ ~ ~ ~, y2, t ~ !~ i:~ s .. i ~'~!!~ . k'r. `f ~' d ~ ~ '~u ~~1~: ~''1 ~~ •t\i ' w ~} .*:~~ '~ , ~ ' ~l i - . ~, _, e.,~~-~ ~ ~!` t~ ~ ~ ~~~ ~~ • ' ~'1 5 ~ + \ qL~' ~µ R a ro 5 ~ l 'r s .~ i. °`;.:+t5 P^' .' =•~ r ~a y. 04' ' iii s~~~_ 3'M. ,` ' -. ~~ ~k~ - ' t'w „~w '-_- r ~ .;, ~;_ ~ .. ~~:. ~ y _ ..- . T ~ ~ -~.- s .~ s ~ 1 ~ ~ ei I is ~ g r t i. ~: ~ ~ G ~... ~ ~ if ~~ -;~ 1 '~` ~ ~ -, . a ,.•,, 'h • ~: a ~~. i ~, ~~ ~ ~ ~ ~ ~' ~' . ~,F~ +f~ r/ ~~ ~ 1 ~~~; .. ~~~ tip'=~ ~ - - - ~. y ~. . i _ i s /~~ j ~ ,, f - ~ ~ f ~ X11 ~ ~ ~5/ __ ~ ,~ F~ .~ r, 4 //i ~~ ? - - - - ~~~~: • E ~~ <i ~'~, .7 a `~i'~i ~,i. ~~ ! ft~~~~~ ,,~~~1r I `~~~ 'Q ~ •r'. R-, =~ . ~ir. ~~' 1 .. Y/~ i ~=i) r .:' " 6 -• J utntq u, Pr ierty Ma a ern iit 1766 Centra! Avenue Dubuque, Iowa 52001 Phone 563-690-0957 • Fax 708-575-0401 Dub uq uePro perty@Yahoo. corn To Whom It May Concern: I respectfully request to be removed from the city council agenda on Monday, August 18, 2008 in regards to the rezoning request. Sincerely, Greg Prehm Dubuque Property Management C) co G) CO -o ca ca �•d 0017Z-L99-£99 wHaad }abpu8 d£17:80 80 onv CITY OF DUBUQUE, IOWA OFFICIAL NOTICE NOTICE is hereby given that the Dubuque City Council will conduct a public hearing at a meeting to .commence at 6:30 P.M. on August 18, 2008, in the ' Historic Federal Building, 350 West 6th Street, on the following: Request of Greg Prehm, Dubuque Property Man- agement, to rezone prop- erty located at 2635-2635 1/2 University Avenue from R-1 Single -Family Resi- dential District and R-2 Two -Family Residential District to PR Planned Residential District. Copies of supporting • documents for the public hearings are on file in the City Clerk's Office and may be viewed during nor- mal working hours. Written comments re- garding above reclassifi- cations/amendments may be submitted to the City Clerk's Office on or before said time of public hearing. At said time and place of public hearing all interest- ed citizens and parties will be given an opportunity to be heard for or against said reclassification. Any visual or hearing im- paired persons needing special assistance or per- sons with special accessi- bility needs should contact the City Clerk's Office at (563) 589-4120 or TDD (563) 690-6678 at least 48 hours prior to the meeting. /s/Jeanne F. Schneider, CMC, City Clerk 1 t 8/9 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: August 9, 2008, and for which the charge is $14.98. vz-PLAP Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, /t 4 this day of atc c , 20 e. Notary Public in and for Dubuque County, Iowa. MARY K, WESTERMEYER Commission Number 154885 My Comm: Fxo. FES, 1, 2011