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Request to Rezone_Millstone Drive North EndPlamiing Services Department City Hall 50 West 13t1i Street Dubuque, IA 52001-4864 (563) 589-4210 phone (563)589-4221 fax (563) 690-6678 TDD nlanning~citvofdubuque.or~ THE CITY OF Dubuque I.~UB E ~~~d 1 ~~1 Mnsterpiecc: oIl the Mississippi ; ;; 3 2007 December 8, 2009 The Honorable Mayor and City Council Members City of Dubuque City Hall - 50 W. 13t" Street Dubuque IA 52001 Applicant: Brian Kane / Westside Arterial Development, LLC Location: North End of Millstone Drive (Lot 1 & 2 of Lot 36 of Harvest View Estates, Fifth Addition) Description: To rezone property from R-1 Single-Family Residential District and R-3 Moderate Density Multi-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 spoke in favor of the request, reviewing the proposed development, surrounding land use designation of the property by the Comprehensive Plan for multi- family, existing zoning of the property, and access to the site. Staff reviewed the Comprehensive Plan, requirements for a hammerhead turnaround on Millstone Drive, pedestrian access, access to the site, screening and spacing of plantings, traffic counts and density. There were significant public comments in opposition from neighboring property owners concerning the density of the project, parking of vehicles in Harvest View Estates, that the existing zoning is appropriate and concern that apartments may be overbuilt. A petition and letters in opposition were received and filed. Rick Dickinson, Greater Dubuque Development Corporation, spoke in support and reviewed current rental housing need. Service People Integrity Responsibility Innovation Teamwork Brian Kane/Northwest Arterial Development The Honorable Mayor and City Council Members Page 2 The Zoning Advisory Commission discussed the request. Commissioners discussed open space, access and private agreements. Commissioners noted that the existing zoning allows for multi-family development. Commissioners discussed land use and the Comprehensive Plan. Commissioners noted that a PUD should not be used to simply maximize density. Recommendation By a vote of 4 to 2, the Zoning Advisory Commission recommends that the City Council deny the request. A simple majority vote is needed for the City Council to concur with recommendation to deny the request. A super majority vote is needed for the City Council to approve the request because of the Zoning Advisory Commission's recommendation to deny the request. A super majority vote also is needed because 34.9% of the owners of property within 200 feet of the requested area to be rezoned have submitted their written objections. Respectfully submitted, ~~ Jeff Stiles, Chairperson Zoning Advisory Commission Attachments Service People Integrity Responsibility Iiulovation Teamwork Pi uN~~~ty in Opposi~~u~ ~ to Westside Arterial Develo~,~ ~ Merit Rezoning = 34.9% 2805 Property to be Rezoned N ^I ~~ 0 85 170 340 F~'et ~ ~ ~ ~~~ r r ~ ;~~ I 4300 ~-- -_ - ~' ~-4 --- - 7 2555 ~~~~', ~ 2563 2546 -'- - ---_ 1 ~ 2539 ~ 2530 - 2509 i 2613 2608 2585` • 2576 i 2597 i 2600 I!! , /~ •~ ~ I ~' 2581 .. I~ D ~ ,i ~ 2560 ~~ ~ _ 2565 ~ ' 2553 2544 PfOperty In OppOSltlOn 2549 2536 2537 2544 ~~- 2544 J • °°' °" i 2528 2520 2521 2512 2517 2505 ~ 2512 •rxs crrx °F D°~~ City of Dubuque ~'~~ ~ ~(I ;~ Planning Services Department t1 ( Dubuque, IA 52001-4864 Mastc~tpiece afz. the~l~Iississippi zom Phone: 563-589-4210 Fax: 563-589-4221 PLANNING APPLICA~'ION FORM ^Variance ^Conditional Use Permit ^Appeal ^Special Exception ^Limited Setback Waiver ^X Rezoning ^Planned District ^Preliminary Plat ^Minor Final Plat ^Text Amendment ^Simple Site Plan ^Minor Site Plan ^Major Site Plan ^Certificate of Economic Non-Viability ^Major Final. Plat ^Certificate of Appropriateness ^Simple Subdivision ^liistoric Designation ^Annexation ^Neighborhood Association ^Temporary Use Permit ^Other: Please tvue or print legibly in ink Property owner(s): Westside Arterial Development, LLC Phone: 563/557-2504 Address: c/o 137 Main, Suite 400 City; Dubuque State: ~ Iowa Zip; 52001 Fax Number: 563/557-9180 ' ~ Cellular Number: 563/590-99Et6' E-mail Address: wb.riggs@pltnm. com Applicant/Agent: Brian J. Kane Phone: 563/582-7980 Address: 2100 Asbury Road, Suite 2 ~ Citj;: Dubuqu~te; TA Zip; 52001 Fax Number: 563/582-5312 ,Cellular Number: _E-mail Address: bkane@kanenorbylaw.com . Site location/address: Lot 1 and Lot 2 of Lot 36 of Harvest View Estates, Fifth Addition R-3 and p~_pR (planned, Residential) Existing zoning: R-1 Proposed zoning: Histonc District: Landmark: Lot 1 and Lot 2 of Lot 36 of Legal Description (Sidwell parcel ID# or lot number/block number/subdivision): Harvest View Estates • Addition Total property (lot) area (square feet or acres): A~nroximately 7.84 Describe proposal and reason necessary (attach a letter of explanation, if needed):. see attached CERTIFICATION:' I/we, the undersigned, do hereby certify that: 1. It is the property owner's responsibility to locate property lines and to check your abstract for easements and restrictive covenants. 2. The information submitted herein is true and correct to the best of my/our knowledge and upon submittal becomes public record; 3. Fees are not refundable and payment does not guarantee approval; and 4. All additional required written and graphic material re ttached. ~ ,~ Westside Arterial De Property Owners}: By : Wayne A. B ~ ~ te: 10 / 29 / 09 Brian J. Dane '~~~~ ~ ~ te: 10/29/09 Applicant/Agent: / r~~L FOR OFFICE USE ONLY-APPLICATION SUBM AL CHECKLIST • gZS •"-Received b : y~/ /~ ~~ Fee. Y C ^ Site/sketch plan^ Conceptual Development Plan ^Photo Date: /~' 2'D~PDocket:. ^ Plat ^ Improvement plans ^ Design review project description ^ Floor plan ^ Other: Property owner desires to place multi-fam>>y housing on the premises as described on the attached Site Plan. Circumstances have changed since the original zoning of the property. Multi family housing is a need within the community and is consistent with the City's comprehensive plan. Due to the size of the lot, PUD-PR (Planned Residential) is the appropriate zoning classification. NPC Z O ~J -o J r PC / / Asbury Plaza C Shoaaino Center D I o'~ ~ I~u 1 .( I~ q~ I Imo. ~. `~ ~~ cs ~ O .~ p' i ~ Sem'8 Club Q pc o~ R-1 / ~ C=~ O xx\er Co/mplex \ ~/ R-1 / 00 0 0 R-2 A ~=~,..- P~~~~\P~ `I I I %- /- AG ~ Q _~~~, ~, ~I ~Churdl C~ C-3 a - C o ~~l ~ ~ F ~ r - ~ ~ PC I ° P~ 1 ~~ A I I d ~C-3cI Ii~IV Base Data Provided by Dubuque County GIS ~'~ ~~ T~1 ~ ~~ ~ ~~ ~ ~~I~I o~a~ - _sl ~~y - ~ ~ a a}~ ~ do - t] ~ - DID ~1~~ ~- ~~ ~~ ~ ~ a i~ ~ ° Q ~ ~_ ~ n ~~ PR Dubuque THE C1TY OF AII•Amd1Ca CiIY 1.~UB E ~ ~ ar Masterpiece on the Mississippi z00 Vicinity Map Applicant: Westside Arterial Development LLC Location: North end of Millstone Drive (Lot 1 & 2 of Lot 36 of Harvest ~/iew Estates Fifth Add.) Description: To rezone property from R-1 Single- Family Residential District and R-3 Moderate Density Multi-Family Residential District to PR Planned Residential District. Legend ~~~/,~ Proposed Area to be Rezoned Zoning (B&V~ o p / NORI20NTAl SCALE M FEET ~NIi IIIIID~,- ~ +I+I +I+I +I 0 50 100 .GmW1llNUllIVll® r110RTF! A~ o DRAWING NAY HAVE BEEN REDUCED ~ / E{5 ~' / = _ ~ - - / ,SB d~rryy I ~ YS7 I PROPOSED I // % %~% GREEN NC~ ~¢I A ~~N`N-cP pR ~'R\P~ - _J ~~%~~ i / EMERGENCY ~~ I VY r` N~~S'( - ~ -. ot.~i,~~i ~ SECONDARY ACCESS I i ~ ~~ RAN ~ =~ _ :. ~~a?~~: -~ {I k o N LAYOUT SUMMARY: \J~ ~ Dq9 ~-_-~ o~~ s y S SITE AREA: 341,370 50. FT. (7.64 AC,) - - , ~- ~/ ~`+AS 7 1 = I ~ ~ u - ' __ TOTAL UNITS: i56 ~ _ _ / I ~ I P II _ ~ z ¢ AREA/DU: 2,768 50. FT./DU Ai's '''• I a - 'I ~ PARKING: 209 SURFACE $TAllS I // cl ~ 1]~I*B uluwis al F I °: 36 GARAGE STALlS \ y PARKING REOUIREO: 756 UNITS X 1.5 SP/UNIT ~ ? __ d ~Yy ~ ~ = 234 SPACES \i I I ~ KF7 I r LOT COVERAGE: / ~ ` tl \ I7 I I ~ I III I I I I I~ I I I I I II I I ry>'~^ I a FI Z IMPERVIOUS - 547. i ~j ~ / ` \ Il-_/J ~/%~ Y °I ¢~ Q PERV70US - 467. 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L 36~6tRORR n a a.RH A DA'M#2 ~. c >• ~ O ~ 's I •-"tnaty ~-~ R ~g~~m~lataaej `~'hh~~~^~DER(n s196n I S.D O S.D f II ...I;.. r j ~L11111fY O I DEt~?OOM#2 ~ H ~ ~I +'~6 SH LVES ~~~ o f~ I~ ,~ .2/( 29/H 'D'8 3NIl °l~ II .2/t Z9/H 9'N 3NI~Itiien,u~ ~?0~05~~ 2 3;~-2 ~A"- ~AYO.~ A~~ '~00?5 C cerr~,er two units sown) Page 1 of 1 epartental mail tannin ®Harvest View Estate _ .. _ _ _._ _.._ _ __w _~_v.~.~ ,._w - .~ ~~,~a~ .~., ~r DON and SHIRLEY FOLEY <don.foley@q.com> °C: <planning@cityofdubuque.org> ate: 11/25/2009 9:39 AM object: Harvest View Estates Planning and Zoning: I oppose the rezoning application of the property (5.3 acres) north of Millstone Dr. of the Harvest View subdivision because it will further reduce property values of the 121 homes in the subdivision. The economy has already reduced property values greatly and building high density structures (apartments) will further reduce values. If the city of Dubuque needs more apartments the Dubuque Retirement Community- has about half of their apartments occupied. The city should work something out with them. There is plenty of property already zoned for high density living without rezoning so close to this houses. townhouse development. Property taxes for this area are quite high ($460,000 for the 121 homes present) and placing apartments close to this area would be a kick in the face of property owners. Security would also be threatened due to a small area (7 acres) having over 300 people. Foot traffic in our subdivision would increase and safety would be reduced. I strongly oppose rezoning the area north of Millstone Dr. from R-1/R-3 to PUD. Most citizens living in Harvest View are very unhappy with the threat of rezoning the area. Just because the owners of the 7 acres paid too much for the property in the first place is not my problem. I have heard they cannot be as profitable as they would like to be by building structures that fit the present zoning guidlines. Please do not approve the application to rezone from R-1/R-3. Don and Shirley Foley 2489 Wheatland Dr. Dubuque, Iowa 52002 f;1P•//(''•\Tlnc„mar,tc and CP.1"f;nvC\mrPtl-enh\T,ncal lettings\Temn\XPgrnwise\4BOCFB3FD... 11/25/2009 Page 1 of 1 apart erati ail tannin m Harvest Vie IEstaes ezonirr ~~roposa9 .~~w ~.,~ ~.~4~.~.~~w~.._~~_.~...~~. ~.~.~ .~,__~,~.~,.~ ~~~_._~.~~~~ __ __~ _ Frorne DON and SHIRLEY FOLEY <don.foley@q.com> T' <planning@cityofdubuque.org> atea 11/25/2009 9:15 AM ub,~ec: Harvest View Estates Rezoning Proposal Dear Planning and Zoning: I am a property owner in Harvest View Estates and I oppose the rezoning application by Kane, Norby and Reddick for client Wayne Briggs to rezone the 5.3 (7.3) acres from R-1/R-3 to PUD residential because when I purchased my home the zoning was residential and not apartments. Building apartments on the property (156 units) is not a good move by the city of Dubuque because area residents are against the rezoning for a number of reasons: Traffic (foot) in the area would increase and security would be threatened; a total disregard for citizen property values to place apartments so close to this up-scale subdivision where taxes are much higher than average ($2800 to $5700 annually). Automobile traffic in this subdivision is heavy now with the Dubuque Retirement Community at the end of Mathew John Dr and with the addition of apartments in the area traffic would be worse. Right now the other streets in the subdivision get lots of people who get lost while looking for the retirement community. That traffic will only increase because people will drive thru this subdivision while looking for the apartments in the area north of Millstone. I strongly oppose the rezoning application of the property north of Millstone Dr. Regards, Don and Shirley Foley 2489 Wheatland Dr. Dubuque, IA 52002 on file://C:\Documents and Settings\mrettenb\Local Settings\Temp\XPgrpwise\4BOCFSASD... 11/25/2009 November 23, 2009 James and Heather Riley 2472 Hilton Springs Dr. Dear to whom it may concern, ~~ ~ ,f e ~ 4 GV~.~ ~ ~ ;.. _ l fZ V C ~.~'s~j:5~~~i~ {'t.'~'•itin~ • c ha a j . , ,: . { ._ . __ i ~:_~:, We are writing to establish our objection to the proposed petition by Brian Kane/Westside Arterial Development, LLC to rezone the parcel of land north of Harvest View Estates (Millstone Drive) from the current R-1/R-3 designation to a Planned Unit Development (PUD). Our property located at 2472 Hilton Springs Dr. is in very close proximity to this parcel. We have several concerns about the proposed rezoning and proposed 156-unit apartment complex that Westside Arterial Development, LLC has planned for the property. These concerns are outlined below: ® When we purchased our property in 2007, we made that decision based on the City's existing zoning plan for the Harvest View Estates area. The parcel of property in the request for rezoning was at that time planned to be part of the Harvest View subdivision, with single-family homes in the R-1 area and condos/townhouses in the R-3 area. If the proposed apartment complex is developed on that property, it will adversely affect the value of our property. We have financing on our property which is in line with its value, however, if the value is negatively affected by this development, we could find ourselves in a negative financial situation. We feel that the City's original plan for this property is still completely viable, as there are a limited number of buildable single-family lots within the City limits and the R-3 designation allows for "low-rise multi-family dwellings" which can serve the need for added rentals in the City. As such, there should not be a reasonable need to change the existing zoning of the property. As the proposed development was explained to us in a meeting held by Brian Kane and Westside Arterial Development, LLC on Wednesday, Nov. 18, 2009, the apartment complex would consist of 156two-bedroom, two-bathroom units in a series of 18-plexes, 12-plexes and 6-plexes. It is reasonable to consider that a family of four could occupy one of these rental units, bringing the potential population density of this complex in excess of 600 residents. This density does not seem in line with the existing, established single-family neighborhood. It also raises concerns of noise, traffic and extensive parking lot lighting. It also does not account for a reasonable "transition between residential and non-residential districts," which is how the R-3 zoning ordinance is described. The current R-1/R-3 zoning of that property sufficiently does that. We understand that rental properties are occupied by a transient population, meaning the tenant population is constantly overturning. There have been incidents of break-ins and "crimes of opportunity" recently in the Harvest View Estates subdivision. Increasing the population of those living in this area by hundreds of people in turn increases the probability for these types of incidences both in the existing Harvest View subdivision and at the location of the proposed apartment complex. We are aware that there is a shortage of rental units in Dubuque with the expected incoming IBM population and agree that new and affordable rental options are an asset to the City. In fact, at the meeting with neighbors on Nov. 18, Mr. Kane described a similar apartment project by Westside Arterial Development, LLC that is about to begin off of Radford Road. That site is much better suited for an influx of a large population as it is not encroaching upon any established single-family neighborhoods. While we adequately recognize the need for such developments, we do not believe that the location north of Harvest View Estates is an appropriate one. That is why that land is currently zoned R-1/R-3, which fits both within the existing neighborhood as well as within the City's plans for expanded housing options, as it allows for both single-family and multi-family dwellings currently. Therefore, we ask that you please deny the rezoning request submitted by Brian Kane/Westside Arterial Development, LLC and maintain the current zoning of that property. Sincerely, James and Heather Riley 2472 Hilton Springs Dr. Dubuque, IA 52002 Bobby Martin 2544 Wheatland Drive Dubuque, IA 52002 November 23, 2009 Patrick Norton, Jeff Stiles, Martha Christ, Miller, and Stephen Hardie Zoning Advisory Commission City of Dubuque 50 West 13th Street Dubuque, IA 52001 __ "' ~ i at; ! tt 4 nL.S ?.F i 1 /{~ l.. l' ryti ~.l•1 ~ i e d ~3 _-`: ~ l,ai°r f :~ J `~~ ~ 5 i ~v ~~~4 !.~ 4i _e ~f, 5 '-~ .. :I ~t_7 .J L.~ ,,fir. ,.~ ' _ Thomas Henschel, Ron Smith, Charles Dear Members of the Zoning Advisory Commission: Please accept my "Thank You" for the work that you have done on the commission and your accomplishments. The ability to take input from various sources, taking in to account the needs of the City and community, and at the same time looking into the future anticipating and shaping how neighborhoods develop and mature is an important and challenging task. Thank you. understand that on December 2"d you will be considering a request to rezone the property at the north end of Millstone Drive (Lot 1 & 2 of Lot 36 of Harvest View Estates, Fifth Addition). My wife, Kay, and I attended the information meeting on November 18 by Brian Kane (representing the Westside Arterial Development). We found it very interesting because we are one of the earlier members of the neighborhood (home completed in 2003) and are very proud of how well the area has evolved. The zoning is R2 near Asbury Road then R1 until the final strip along the Northwest Arterial. Along that strip nearest the arterial there is some C-3 (near Sam's Club), then R3 as a buffer between the R1 and NW Arterial, and finally the Dubuque Retirement property. There is significant wisdom shown in the current zoning of the property. I encourage you keep the essence of the current zoning without a significant change. My wife and I have been home owners (and tax payers) since 1985. I designed our current home on Wheatland Drive with the long term intention of retiring here. The current zoning of the undeveloped portion of our division is consistent with the atmosphere of our predominately single family residential neighborhood. I believe it also consistent the safe and quite atmosphere of our neighbors living at the Dubuque Retirement Community. The proposed development that is being presented to you on December 2, requires a zoning change which would allow high density housing (156 two- bedroom units). Mercifully, the proposed plan would not have a direct access to Harvest View for vehicle traffic. However, there could (and would) be foot traffic access with only a berm and some trees as the only buffer between the existing single family homes and the apartment buildings proposed. If the proposed high Zoning Advisory Commission November 23, 2009 Page 2. density project is allowed, the value I place on my home would be diminished because: 1.) Of the ease and likelihood that a significant number of strangers walking through the neighborhood and the security concerns associated with such easy access 2.) Of the long term value of high density apartment buildings compared to the homes occupied by the owners who have a significant investment in their homes while raising their family and paying property taxes. You can easily see the difference that `pride of ownership' makes if drive through our beautiful neighborhood then the large apartment complex of your choice. 3.) Of the immediate drop in value of existing single family homes that border the proposed development. I estimate the monthly payment of the mortgage of the existing landowners bordering the berm is double the target monthly payment of each apartment. (Based on the net assessed value, 30 year mortgage @ 6% interest.) 4.) And the proposed plan does not have the necessary playground and community areas that are needed for the anticipated occupants (156 to 624 people). Therefore, the only green spaces available are Harvest View Park which can only be reached on foot by walking across private property or the playground/ball field owned by Resurrection Church which can not afford the liability or mischief associated with allowing these new neighbors privileges. strongly urge you to not deviate from the wisdom of the current zoning. Part of the appeal that brought IBM to Dubuque~was the standard of living associated with safe, well kept neighborhoods to live and raise families. These neighborhoods happen, in part, to intelligent planning and zoning. A kneejerk reaction to cram as many apartments as what is proposed by Westside Arterial Development would be detrimental to attracting other companies to area, the existing homeowners, and. the credibility of the city. Thanks again for the work you are doing, including considering my concerns. Sincerely, .. _ _ r _. ~] . r ~f1 f~d.~f v . i ~~ , F CITY ~P ~ECi4~~ •r E -- ~ ~ r November 24, 2009 ~ P!_h~d1~31~1G S~11V1€~S !'E, ~~, ~,~~~1I Dear City Officials, We are writing to establish our objection to the r,~„r,osed petition by Brian Kane/Westside Arterial Development, LLC to rezone the parcel of land north of Millstone Drive (Lots 1 & 2 of Lot 36 of Harvest View Estates; 5th addition) from the current R 1/R 3 designation to a Planned Unit Development (PUD}. Our property located at 2585 Wheatland Drive is in very close proximity to this parcel, with the view from our home looking out over this property. We have sevexal concerns about the proposed rezoning and proposed 156-unit apartment complex that Westside Arterial Development, LLC has planned for the property. These concerns are outlined below: When we purchased our property in 2004, we made that decision based on the City's existing zoning plan for the Harvest View Estates area. The parcel of property in the request for rezoning was at that time planned to be part of the Harvest View subdivision, wick single-family homes in the R-1 area aadcondos/townhouses in the R 3 area. We made the investment of purchasing the property at that time, then further invested in it by building our home in 2008, with the understanding of the City's existing plan for the property to the northwest of us. If the proposed apartment complex is developed on that property, it will adversely affect the value of our property. We have financing on our property which is in Line with its value, however, if the value is negatively affected by this development, we could find ourselves in a negative fuiarcial situation. We feel that the City's original plan for this properly is still completely viable, as there are a Limited nulnbex of buildable single-family lots within the City limits and the R 3 designation allows for "low-rise multi-family dwellings" which can serve the need for added rentals in the City. As such, there should not be a reasonable need to change the existing zoning of the property. As the proposed development was explained to us iri a meeting yield by. Brian Kane and Westside Arterial Development, LLC on Wednesday, Nov. 18, 2009, the apartment complex would consist of 156two-bedroom; two-bathroom units in a series of 18-plexes, f2-plexes and b-plexes. It is reasonable to consider that a family of four could occupy one of these rental units, bringing the potential population density of this complex in excess of 600 residents. This density does not seem in line with the existing, established single-family neighborhood. It also raises concerns of noise, traffic and extensive parking lot lighting. It also does not account for a reasonable "transition between residential and non-residential districts,"which is how the R 3 zoning ordinance is described. The current R 1/R-3 zoning of that properly sufficiently does tkat. As landlords ourselves, we understand that rental properties are occupied by a transient population, meaning the tenant population is constantly overturning. There have been incidents of break-ins and "crimes of opportunity" recently in the Harvest View Estates subdivision. Increasing the population of those living in this area by hundreds of people in turn increases the probability for these types of incidences both u~ the existing Harvest View subdivision and at the location of the proposed apartment complex. " We are avVare that there is a shortage cif rental units in Dubuque with the expected incoming ISM population and agree that new and affordable rental options are an asset to the City. In fact, at the meeting with peighbors on Nov. 18, Mr. Kane described a similar aparhnent project by Westside Arterial ~_ I,3eveliipment; LLC that is about to begin off of Radford Road. That site is much better suited for an influx of a large population as it is not encroaching upon any established single-family neighborhoods. While we adequately recognize the need for such developments, we do not believe that the location north of Harvest View Estates is an appropriate one. That is why that land is currently zoned R-1/R-3, which fits both withal the existUng neighborhood as well as within the City's plans for expanded housing options, as it allows for both single-family and multi-family dwellings currently. Therefore, we ask that you please deny the rezoning request submitted by Brian Kane/Westside Arterial Development, LLC and maintain the current zoning of that properly. Sincerely " off' 1vlichael & Angela Fitzpatrick 2585 Wheatland Dr. Dubuque, IA 52002 ~., November 24, 2009 Mr. Steve Harde Dubuque Planning and Zoning City Hall Dubuque, IA 52001 ~a~. ~ ~._-.~ ~~ "`y` r fl ~~M i~ PLC"~~`~f+d a S~~G'! DES [AiCP'.'t} ~'~~~~"s Re: Proposed re-zoning by Westside Arterial Development, LLC of parcel of land north end of Millstone Drive, Lot 1 and 2 of Lot 36 of Harvest View, Fifth Addition from current Rl/R-3 to PUD. Dear Mr. Harde: Thank you very much in advance for a few moments of your time. For the past two and a half years, we have been the residents, property owners and tax-payers of the property designated as 2537 Wheatland Drive. We meticulously searched for over two years for a home to purchase that would suit our needs for the present and well into retirement. We believe that we have found just that perfect home in Harvestview subdivision. For this reason we believe that we have a vested interest in the requested re-zoning of the property just three doors north of our home. When we purchased our home, we were very interested in the potential development of the property in question. At the time, we were told by the then property owner that the property in question was zoned to include single family homes in a value range similar to ours, along with condos and town-homes at the north most part of the property, adjacent to the Northwest Arterial. Feeling that this future development was in harmony with the Harvestview area we moved forward and purchased the Wheatland Drive property. We are aware that times and circumstances do require change. But after attending the presentation by Westside Arterial Development, we feel that the proposed re-zoning PUD development does not conform with the present development of the Harvestview area. It is our impression that the 156 unit apartment house complex will cause more problems for our area than it will solve for any apparent housing shortage for the City of Dubuque. Our major concerns for this PUD development are as follows: l .) The proposed 156 unit of two bedroom apartments will likely add approximately three hundred plus residents, three hundred automobiles (both very conservative estimates) to just a seven plus acre area. The present building design includes no patios, decks, parks or play areas therefore the residents will be required to use a very limited amount of "green space" for any outdoor activities. This will only complicate an already congested area. Continued on Page 2 Page 2 2.) With the assumed three hundred plus automobiles owned by the residents, it can conservatively be estimated that a minimum of six hundred resident trips in and out of the complex will be made daily on a two-lane road to a single entrance/exit. This does not include visits by guests or any service vehicles. This certainly will add congestion and substantial noise to what is now a very peaceful residential area. 3.) The proposed apartment development does not compliment the adjacent properties. We believe that we can assume that many of the residents will be younger people with priorities different from the area residents and property owners. The residents of the current Dubuque Retirement Community to the east likely prefer a peaceful more serene neighborhood in their retirement years. Likewise, the Harvestview area with many young families purchased their homes for a safe, securement environment for their children to play and grow. 4.) The proposed Westside Arterial Development will likely adversely affect the value of the properties in the Harvestview subdivision. The City of Dubuque has a responsibility to protect the property value of all land owners. With the current congested design, lack of adequate green- space, play area and only one entrance/exit, Westside Arterial Development proposal does not protect the Harvestview property values, but will diminish them and make them much more difficult to resell in the future. 5.) The new rental housing now under development, along with present rental facilities, is considered by many to satisfy the need by any incoming residents. With the potential of over- developing the rental housing sector, the City of Dubuque runs the risk of saturating the market and causing many units to stand un-occupied with the potential that they will become, in disrepair and cause even greater problems. Amore logical solution to a present problem would be to proceed with complexes presently under development and if it is later determined that a problem still exists, allow the present well-under-utilized local retirement facilities to temporarily rent apartments to in-coming residents creating a profitable win-win situation for all apartment developers. For the reasons stated above and more we encourage you to vote against the re-zoning of the property north of the Harvestview subdivision and allow it to eventually be developed with single family homes, condos and townhouses as originally intended. We greatly appreciate your support. Sincerely, Fred & Lynn Waelchli 2537 Wheatland Drive Dubuque, IA 52002-2895 Ph.: 563/588-0365 November 24, 2009 Planning and Zoning Dubuque, IA. 52001 ~ ( t ~ r`; ~ l~ ' ~ ~ [ i i' i i~ l~ Lt-a " ~~ s t j ~~'t S i i~ _~ G!'1`flf Ll~aGls~" L p~ iC~'1ltntf ~~~`r~~~~~' [ ~',iTftFLi`t~ .j,: RE: Proposal by Westside Development, LLC to rezone the parcel of land on the North end of Millstone Dr., Lot 1 & 2 of Lot 36 of Harvest View, Fifth Addition from current R-1/R-3 to PUD. Dear Respected Zoning Commission Member, We are opposed to proposed zoning change for the following reasons: Original Plat: the intent of the original developers was to construct the majority of homes as single family dwellings, with some additional low density apartments and side by side condos, at the same time keeping the subdivision on the upscale side. PUD zoning merely adds more units, more buildings, a higher density of units, and does not seem to conform to the city and the mayor's vision and goal of Dubuque being a "green city" Overbuilding/overreacting: Some of the city planning and economic forecasters point to an immediate need for more rental units to help transition the many newcomers to Dubuque. There are differing opinions on how many rental units are presently available, and if there is an immediate shortage. Buv versus Rent: It would seem that some of the newcomers would take advantage of the first time home buyer stimulus plan which has been extended through April of 2010 rather than pay rent. Could the shortage of rentals be temporary? Many of those who initially rent will be future buyers, possibly leaving a multitude of rentals unoccupied in one to two years. As a recent example of over reacting to shortages, it may be wise to revisit our Dubuque retirement centers and their current occupancy rates. Five years ago, it seemed there was as shortage of retirement community living center units; today we have two large centers, built in the past five years, Dubuque Retirement Center, and Oak Park Place that remain with a large number of units still vacant. . New Rezoning: we would also note that in the past month, rezoning has been granted to the same developer seeking this rezoning to begin building over 200 new units in the Westrnark area, as well as rezoning to another developer on Radford Road for up to 96 units. Neither of these rezoned parcels is adjacent to a high percentage of single family homes, as characterized by the Harvest View subdivision. Possible solutions to the shortage: 1) have landlords voluntarily remit information on current number of units unoccupied, and how many they expect to become available during the next 6 months. 2) Use the retirement centers as a temporary/short term solution need, avoiding over building rentals for the future. Page 1 of 1 Departmental Email Planning -1ezoning of parcel of land on north end of Millstone Dr. --- _ _ I+'rom: <tjb2602@aol.com> Date: 1 1/28/2009 1 1:13 AM Subject: Rezoning of parcel of land on north end of Millstone Dr. November 28, 2009 Dear Zoning Advisory Commission, L~ ~~ b ~~ i ~,;a~~~ ~ ~ ?~09 i :~ ~, ~ni~r~opr ~;~r~~~ a~ ~LA3 ~M1~ihe t~ ~~,11`s`l~~f_~ s ! ^7flj{Cg13'_ j We are writing to you regarding the zoning request by Brian Kane and West Side Development Group, LLC to rezone the land along the Northwest Arterial and north of Millstone Dr. We oppose the zoning change of that property and ask you to leave it at the current R-1/R-3 zoning. We believe the city of Dubuque could use more single family homes also for the future of IBM notjust apartment complexes. We purchased the lot at 2498 Millstone Drive in 2004, and built our home in 2006 for the quiet family neighborhood. We did not envision a major apartment development at the top of the hill. We intend to be in this home for many years, and we do not want to see the value of our home decrease or the crime rise in our neighborhood. Also we would like to address the issue of safety for the students at Resurrection School. Although not speaking for Resurrection, but as parishoners and parents of a former student at Resurrection, the proposed entrance to the apartments intersects with the back entrance of Resurrection's property therefore making a perfect shortcut to get to Asbury Rd. by avoiding 3 stoplights to get to Asbury Rd. Parents of students do not want their child's playground used as a short cut which could well happen during school hours. I believe this developer can find other places to build this apartment complex in the city of Dubuque in non residential areas as he is on Radford Rd. near Westmark Dr. Again we ask you to deny this zoning request. Thanks for your consideration, Terry & Jenny Balk 2498 Millstone Dr. Dubuque, IA 52002 ~io.iir.\r,,,,,,,,,,o„~~ „„a ~o,+;.,,~~\„-,,.o++o„t,\r ,,,..,i co,+;,,n~\To.,,,,\YU.T,~,-,<:~;oo\~1R11(1G(`OTl i ~ izni~nno December 1, 2009 Planning and Zoning Dubuque, IA 52001 ~ y ~ - ~ --= c ,-,'] - --~~'/-/7 ~ _ ~~ L`~ 1_~ 1J ~ ~ - r~_ _ ~ a e 6 ~`:a' '¢ j t ~ .~ L ' Q EC ®? 2009 ' t ~ E I ~ ~_ ~~r.. t. it?~,Ifz n..tt ~. Ci i{ ~ T ,'lf'~' RE: Proposal by Westside Development, LLC to rezone the parcel of land located north of Millstone Drive (lots 1 & 2 of lot 36 of Harvest View Estates, 5th addition}. Dear Planning and Zoning, We are writing to present our objection to the proposed petition by Brian Kane/Westside Arterial Development, LLC to rezone the parcel of land north of Harvest View Estates (lots 1 & 2 of lot 36 of Harvest View Estates, 5th addition) from the current R-1/R-3 designation to a Planned Unit Development (PUD). Our property is located at 2576 Hilton Springs Dr (Lot 12) is directly adjacent to this parcel, with the view from our home looking over this property. We have several concerns about the proposed rezoning and proposed 156-unit apartment complex that Westside Arterial Development, LLC has planned for the property. When we purchased our property and home in September 2006, we made that decision based on the city's existing zoning plan for the Harvest View Estates area. The Harvest view subdivision was under development during this time and the parcel of property under request for rezoning was planned to be part of the Harvest View subdivision, with single-family homes in the R-1 area and condos/townhouses in the R-3 area. We made the investment of purchasing the property and home at that time, with the understanding of the city's existing plan for the property to the north. If the proposed apartment complex is developed on that property, it will adversely affect the value of our property due to the proximity of the proposed complex. The proposed development (as explained in a meeting held by Brian Kane and Westside Arterial Devel.,Y~~~ent, LLC on Wednesday, Nov. 18, 2009) will consist of an apartment complex with 156 two-bedroom, two-bathroom units in a series of 18-plexes, 12-plexes and 6-plexes. It is reasonable to consider that a family of four could occupy one of these rental units. We also feel that it is reasonable to estimate an excess of over 468 residents if this devel.,Y~~,ent were to be completed. This density does not seem in line with the existing, established single-family neighborhood. It also raises concems of noise, traffic and extensive parking lot lighting. It also does not account for a reasonable "transition between residential and non-residential districts," which is how the R-3 zoning ordinance is described. The current R-1/R-3 zoning of that property sufficiently does that. Over one year ago, an earthen berm was constructed on the south property line of lots 1 & 2 of lot 36 of Harvest View Estates, 5th addition. It is my understanding that this berm represents the "transition" between the current Rl classification and the proposed PUD area. This berm alone detracts from the property value of the home. The berm is fairly high, however this will not block the view of the proposed complex and will not provide a suitable buffer to the proposed complex. If the berm is added to provide more of a physical "transition" to the proposed complex, this will only add to the distraction provided by this berm. I have mostly rear facing windows in my home and the continued placement or additions to this berm provide a large visual barrier to the outside. I would ask that the city provide examples of R 1 to PUD transitions that have been completed in the past with research into property owners on the Rl side of the transition. One of the benefits of choosing to live in the Harvest View subdivision is the requirement of no fences. The berm provides an earth fence to act as a transition to the property directly north of the subdivision and my home. Recent planning and zoning discussions have been made about the temporary cul-de-sac at the north end of Millstone drive. The final decision on the cul-de-sac concluded that if the area is rezoned, like the PUD proposal, the cul-de-sac will remain as a permanent cul-de-sac and the transition between the R1 and PUD area would not be present because the berm is not required to be continued around the cul-de-sac. There would be a direct line of site to the proposed apartment complex. We are aware that there is an estimated shortage of rental units in Dubuque with the expected incoming IBM population and agree that new and affordable rental options are an asset to the city. We also understand that the projected IBM population and other influx of population will take place over the next 10 years. In fact, at the meeting with neighbors on Nov. 18, Mr. Kane described a similar apartment project by Westside Arterial Development, LLC that is about to begin off of Radford Road. That site is much better suited for an Influx of a large population as it is not encroaching upon any established single-family neighborhoods. While we recognize the need for such developments, we do not believe that the location north of Harvest View Estates is an appropriate one. That is why that land is currently zoned R-1/R-3, which fits both within the existing neighborhood as well as within the city's plans for expanded housing options, as it allows for both single-family and multi-family dwellings currently. Therefore, we ask that you please deny the rezoning request submitted by Brian Kane/Westside Arterial Development, LLC and maintain the current zoning of that property. We appreciate the time you have taken to read this letter and taking our comments into consideration. Sincerely, -~ /' ~ , ~- ~ t G (, ~ James'M. Hensley Molly J. Hensley 2576 Hilton Springs Dr. Dubuque, IA 52002 1 ' PREPARCO RY: RUESINO k ASSOCIhiFS ADDRESS: 1211 ENLIST STREET. OUlD10UE. IDWA S2D01 PHONE: !5635 556-n369 I FINAL SLAT j OF HARVEST VIEW ESTATES SIXTH ADDITION, AS COMPRISED OF LOT 1 OF 36 OF 'HARVEST VIEW ESTATES FIFTH ADDITION, IN THE CITY OF DUBUQUE, IOWA.' f NRVE DAEA LINE DATA C~8 i946•ieFV ~~1wIRA045~LeB,' y ORTA I TAJt. ILOiE)' OE]\IlOG I d6L I 1 )t'E 11>5` 60.99' ~I,HV6')1.1~ I 9 ',J]n'0 6'fl ]].]S~ r3s'E' n.n 50.09 .m' Y roo'D°~ 61.]1• WWWW ~vl loa' , 99J')5'E SA.II' i5¢00' ]p.10' 11'1)'59' )061' r c t 5 "wl >I 70' 15¢90' , )B.>)• Ii]Y]•])' 60.>6' IC-G Is]FT1T09w1 11 01 1 10 00 ] 61'1 ,t 91' I -]'SIS•3a'I X'[i • 115.)1' !99tl0'00'1 faOD' 1 ' N11Z5'IYE >5.86' 6¢00" 1 ]6.16' UO'90'00'I I] t0' 1 C [9)•19'25'[ ~ 51.91' S¢ 01' 166']0'16'. 3>.]9' 1 , •C-915Z)ry9')5"El tsar 6900'~16.68'151')9'IS" 25.)D' fC-1019°6a9'59'W,11 Sl OE 50.00'15101'146',10'16' ]].79' E-IS 511Z5'1)lY 111\' 000' li]I' 9PT.]'00• t0.D0' S 1~1180'1]')1'EI Ii1Y 56 0'I it6' ~~'~'1 ].65' ~~J C,~~~ ~1~~~~ ly'» e~~~~s~ HARVEST VIEW ESTATES' P SN `p°'Da SIXTH ADDITION ~05N FOR ' 1 IOIAL MEA . i])9 AC i]'giY Oy>$ aoAO ARG . x815 AC qi lA ` i 1 NEi MEA .1.981 AC A>T" Ufi6 9 ~ 1 ~ a^ ~ A ;LOT 7 b 5~0- s7>.r zbby]. ~ ~ LOT 6~ t.? ~ x]au 5f -sJ.ea• LOT 5 19.638 SF i ~+ ; a . J/re •N 81.156 ff •°v I - 25' F• _----_____ Ny JpS ~ x e° - i-- r':1-` s IS(~)If ; J A _1 .>}J,1 100.09' ~ m N> li ~. NB9Z 512 Um]ki x ~0 1' am 19 + __~l_-_-E~SSP4Fd5FIlttC_--" 4 w•, ~1 x LOT 4. ~u ~` ~ LOT 8 "' «° ~ gR U,3J6 5F io % 1 21.910 Sf n '^ J - 1 p isb~b ~ ~w t 66'5 i 1 S nv 1 ,1/ "01]1.38, ~ ~ .. ( aao0' 5 5 N09]5'IYf ]15]Y g84P ^ 13aiT lau' u ¢ r+ ~ °' '~' °) ~ E i Or I to i LOT 3 ;~ ~ o I LOT 9 m ~I ISA49 5f I°a, Z if I ITT •1 1D 91) Er s ;, 3 LOT 10 ,~ ' 10,9,9 ff E, ' >; ~•• ~ z ^1p~'~ fiu .- ' L 1'9.1) . ~ i r __ LOT 11 - , 2o•7s°a-' -- ^j 9Z5',Yf 1 ^ 1 ~~ ' 18,910 St 1 •- C.9 k C RSO - l]SSY j - ^ -is iN ~~ 1 ]0' .. y I 4 ~)1X9'85'I8'C LOT B MIL . ° ~] 5L LSTONE GSO•]5'ii ~ln LOT 2 e _ ~ „I 11.005 ff t,. C 1, f ~9b.0J' ---_'~ ~ 13,951 Y 1199ZSY>'f ' ~ o] /0 1 o l , UILL.~ - .r_sbao_^ 1 ui i ~ 10. .~ 4j t LOT 12 , 1'A^n5'1)'f ' 135 19' 1 _ -UIR, . i CAS -_ ~---5 ` 11.957 SF ]5 ,)`A . I u F•• " ~ ~ LOT 14 ; ~ (: 3 ~~5 ~ r 5 - LOT 1 LOT 1 iu ~ n ~, ^ Nsa ss .~ i1Bjrot'35 Ly , 1 1 ' 50.00' ( 019p' . . I 118 3 `NI 0].IY 'S¢ 1 ;'. ` ~ S6~A g '6 .N.,u (lil.]9 1.1/1' , (a9.VU1 9136 t9°.T9) ) ' ' 99.11 tti9.]Jl ~l: ~ yA.b ~! ] !".D.B. (355.3]) N i55, ~1 .e'~R '12 LOT i3 lOT ]5 ~ ~ 1"' LOt II a LOT 12 IiARVEST L9E~N rho ESTATES FIPTH I z 1 m i llA 10DITION Iafl]LS i. now Wantr u: lar DIA cDL-DE-snc ). nMlTSr xEw EsulES savi ADOnwx Is Lan1Ea RI u¢ s1Np of SCCnON I6• f04N, aTC RI IIS OIT Of WOUauC, IOwA OnYER: LOI 1 K 36 HM5£Si NCM fSTAlES iPIH ADONI0.V ' X7 lNViilPiNi6 UC scALE 1" _ goo' 0' S0' 100' DNY.NO. 05013-03 -A ( SHEET TITLE a FINAL PLAI' ' ~'I OF HARVEST VIEW ESTATES SIXTH ADDITION 6:45{Q.'Sy1mINS'lA6YNXl1~%A(tIM~[\IMI, MItJR1Xl J1SI A4, fuetlq 6AVK G N o IRON PPE (iWNO) 6 (hi[ as n01[D) s/6 nEROD (EO{AVD) (CAPPED AB NOiCO) to IaoJl r-aul (rouNO) 1'R~ERTY LINE761') SUat£YED PROPEn1Y UN - - SUiil£Kp PEA91CiG! - -- CENIERUNE -- ( -- EASEMENT LINE ) RECOnO OLENSION -.Q.D. PCwi IX' OEL[VNpiO 0 5/A' a[R9D PLIRD) {Y= 1016' Y-CAP YELLOW CAP R-CAP RED CAP PI20JECT I N0. 05069 PREPARED FOR: KZ WVESTLIENT$ C/0 TOM KELZER 4D40 ASDURY RD. DDauouE. In. szonz L+47ES 1. ALL MEASUREMENTS AR E W FEET ANO DECIMALS IHEROf. T. IF THIS PUT DOES NDT HAVE A SURVEYOR'S SICNANRE IN PURPLE INK, IT IS A COPY TNAT MAY CONTNN UNAUTHORIZED ALTERATIONS. THE CERTIFICATION COHTNNEO ON THIS PLAT SHALL NOf APPLY TO ANY COPIES p155511111nn/Jn/ / I HERESY CERTIFY THAT THIS LAND SURVEYING DOCUMENT \\355 0/j~ E LM'0 WA$ PREPARED AND 1HE RELATED SVRVEY WOAK WA$ T ` Y„O,.•' •.,SGPL ~• PERSONAL PE MED RY ME OR UNDER MY DIREC P PtfO E E % =y E ASION AND TNAT 1 AM A DULY LIC NS D L SURY'!OR UNDER THE LAWS DF THE STATE OF IOYlA. 8 U; JOHN L KH11E :'\ _ 3J~ nols :~- r oa'~ ' c ICENSE NUtADER 4016 q////iy M~i~ Np~ ~\o`p : 1 I 55 MY LICENSE REtJEWAL DATE 15 DECEMBER 31, 20D6 ®iC®AY6~ ( DALE ~ REVISIONS " DRAW)V DY: ASSDCUTES INC. Y9 ~ 6~22~05 ~ TPL rNClNrrRS Axa sursvsrons ~ SCALE: I CHECKED DN i)t) 100051 ST, WBUWi, N O93) 556-13b9 I )" a TOD' I I .R.W Page 1 of 1 ®epartrnental rnail Planning -lots 1~~ of lot 36 of Harvest i/iew Estates, 5th addition From: <Conleib@aol.com> To: <planning@cityofdubuque.org> ®ate: 12/01/2009 8:50 PM Subject: lots 1 &2 of lot 36 of Harvest View Estates, 5th addition Mr Steve Harde Planning and Zoning S ~t r l~ki ~~ ~ t ~ ~ t ~ ; i ~ ~ f ;~ ~ ~ ~ ~ '~. l~ ~ 4. I' ,r We object to the proposed rezoning of the above referenced property north of Millstone Drive. We were the very first to build in the Harvest View Estates and were proud of the vision for the sub-division at that time. Now we are feeling that we were duped because what sold us on the area is moving farther and farther away from what we bought into. The need for more rental units maybe another overreaction similar to the building of two oversized Retirement Centers on the city's Westside that remain half empty. Please do not rezone to PUD !! George & Connie Leibfried 2330 Harvest View Dr P1,,.//!~.\Tl,. .... «.,.«+„ ,.«,~ C~„++;....".\,....«04+0,1.\T .....,1 C~o44in rrc.\Tcmr~\YURrn~x~ica\d.R~ SRS O~TI i~imi~nn9 i' i Harve's`t;View Estates Petition ,~;.. ? Y~c2.~;~v1 :lc wK ~~~ ~ I ~~ p ~ P'~~ .ti ~~ ~ ~1 LC ~ ~~± r ... ~_. .,~ Novetj:~t~~r ".009 { .... ~.~.~ _`_4 ~ -`qtr.,, ~}., ~n~^~'~-'~.`;--'m°~ " I We, the undersigned, OBJEC ne D,ive rv onz the cuurrent R ~ R-3 desZ~~tion toea Plaaarned ~Jn toDevelop ~e t (PUD) eWe believe'tha~thercur ~ e~t ! Harvest View Estates (Mills o ),~• zoning designation of R-1/R-3 for that property fits within the existing neighborhood as well as within the City's plans for expanded housing options as iT allows for both single family and low-rise multi fanxily dwellings currently. Therefore, we ask that you DENY the rezoning request submitted by Brian Kane/Westside Arterial Development, LLC and maintain the current zoning of tJzat property. Name (printed) .dlo~- ~ ~ ~c~. ^r ~^' h ~.1 ~H~ P. I_ i,G.ls ~P~ ('' . __~~-, .~ L2.~Z~ ~ (~ ~~` Address 2~j~{~ M~~~,.~~ ..a~~,,r,..r~~. ~~~~ 1'J~~~1~~,i~r~~ ~~c _~~- Phone Number ~ Signature S6>~-X99-1~~~ f h . ~ t ~~~~ /~I~~~~~ ~~~'~~~~3~~~ ~, 1~'~n.~~..- ~~- ~~ ,~. ~ ~~ u r ~i~J I'r1 '1')1 ~'_ ~ tom` ~- ~, ~~~~~~~ , ,c/ ~~y~ ~~ ~~ ~° sya -~s~~ ~~ ~~ ~ ~ ~~ ~~ ~~~~~. ~~ ~`~ Harvest View Estates Petition Name (printed) ~c~ ~v ~s .~.~ mPr-~nvr/ ~ Lu1Nt~ 5 ~~ ~ °l ,~--, ~~~ ~~> 1rt~.~.iv~.ec,~.G~ ~'~ 1 ~~k ~ s ~.~~Gr'~,a.~ ~~ ~~~ ~v~ November 2009 ~sddress ~ ~ fl'bone Number i .Signature a~o~ ~~~~~ ~~e~-n 5~3 -- ~~~ ~ ~~ .~j L~ inn CX ! ~.~1Y/L~~//I Q (t) d~'c~'l ~r ~7 L~O~ ~~~// ~C /~ r i ~~ ~~ t~(.a;f~er,~ alp, .l ~v-..~~ 3 ~.~9o-~f8~~ ~-~~cr~i ~~SCD~ Mca;~kbw,~,~~ ~. ~~h ~,nv~ ~ . _ ~3-513_~1~~ ~l/VI ~~ ~.~~~k-~ l~t.~i~E~c~ ~~, 5~S~ `~i~-~3 ~ .---- i ~ ~. `~.. a'~~ ~ - ~~ Ate- ~ ~ ~~'~ ~ ~~i~ ~-' C l ~..~vr _ ~ . . _.___ /~ i `~, , vim-/ ~~ ~j~A . ~ ~ J "~ ~ ~l~%~ ~/~~ ~ ~ c U ~ v _ ~ I I Harvest View Estates Petition November 2009 ~ I I Name (printeri) Address Phone Number Signature i _....~ U ~ ~ i r~ // C f' ~, ~f' ' i _ C_C..J ~. ~, v ~,.~ !-y/ i»c_ca.~J aJ~~% '/~/~,~ra.~1~+~~,.~ ~~*~~'-alrSG`f ~"~C //~i~lrtr/t6'~2 ~ ~.n ~Ic~ a J~~ ~ o~~~fa*~~1`'I.~rrU-~~r ~~ ,5~a- l~ ~/Y .~5~,_.P~'~~CtJ, ` ~~ ' .- ~ s phi r X Rr~~ ~~ ~~~a ~ ~~~~ ~~~ ~ r ~ ~~ ~5 ~~ _ ~/f ~~9~~G+(1C~ ~(~J_x,_+c/~_l_~x ~ a~~/~p /~/ '- _ ~ a i /~~n _ /i .•^~ i` l"^ i i ~l. ~1 ~1' 1 ~1~.~/`~~ c ~.~f~\ jA'_,, ~ ~E' ~ \ 2 ~rZC iJ~`%if "(,.. ~'~ 77F~n-i~ J'~ J ~,... q~ /"~ r!° / I (~ ~l¢'~YF~I ~tiJ'D'•~~7~'' _ ,j~..7~~",z'rr x/ o >~ r ~/ JI ~/ ~ S ~ ~-,.~ i 1 ... ~ i ____ ___ _ __ Harvest View Estates Petition Name (printed) ~ ~~-,~ ~~ ~ I~ 4 ~c~l ~/ 1~V ~ ~t.~~Nv'n , ~ ~ ~~ ~~ ~~~ _~~,~ ~ ~' - ~ • -- - - address ~ ]Phone Nuanber ~ ~ ~ . ~ ~ . ~~ t~Ylg'~,~ ~ Z~U9 /~g~~t~r~ .~rllii~ ~y 5`73 - ~-/95~ November 2009 Signature ~~1~~~ .,:~ _--~ r i ~ n ] J; ~.~e~i ~.~ ~~pM~a~ ~~~'~ ~t~~ t-~er~Jd~.~ ~ s~ -2~13~;~~.,,~f~/~~ ~sYn~.-- ~: , MAR. ~ ~ (` -~ _ - s ~ ~-- .~ o law. ~ ~~ :ems ~~3~ ~ ~: ,„ w -J a~. ~~~ ~ ~~ ~ ~ ,~ ~~ z- ~ t~=c~~-~ .-QED ~'7 ~.~~°~ J®~ ~ ~,,~.s ~~~ I ~ ' ._ ~ 1 ,; ~.OY'r ~~ ~ ~i ~ ~Gr~"~ ,~Gt f/~S ~~U~ ~~i~ 1 fi~~ w ~o~l~vQ~ X13-~o~.S" ~~~~ ~~ u Harvest View Estates Petition 1®Tame (granted) Address ~c~G, kl /~v~~5r.~ c.ea s 2~ ~, ~ !~{:~ h~~t~ J ~11~ ~~ aJ ~(~b 7' l ~-./ vi ~~~~S~~c.il~~~ ~-~..~~~.~ a X10 ~e ~ ~~i ~ ~t~1lkG~ 'tT7j~~1 r - t ~l 'fir ~ ~ ~ 4., Ccl ~~i~ November 2009 Phone l~Tuinber Signature ~~~ `~S~"c~~ ~~"~~ ~~ ~~ C~~~ ~~ ~ . ~~ ,l , 370 ~ Q~~c~~.~ ~Ie.~~ ~~ c~ s~Z s~C~z~ `;~~. _ ~ ~~, . h L~C.,,___~/ ~ ~~, (7 I !~ ~G r ~i ' I c l_a~ ;S d~~ S~°~J ~ . ~ ~ / ~-c. / o L`~2~;2 S"~ ~l'I.~ rTMr :~ t T 1~,~ ~a2_ . , ~~;~ =~S'3~ ~,!' J~ ~~~~~1. ~~ _~ -~ -~~l P~~ ~~ ~ ~ J ~~~ 1y ~cjerine~- 2.L1~~ ~takthQ,v~ ~hv, `br. ~~Z- c~.s3~-I ~ I ~"cv~-~'~,l ~.~ c~, ~ .~r> ~ 31`7 r~t~c a~ ~ ~ ~ r~~v ~ t ~s~ ~ 4~~3~ ~~~.t~, I y a, 3 ~ ~ ~iJ1A~i3~~ J'~Q~ N ~ r. _ 5- ~' ~ -~(~ a.Ce ~ ~~~~~e.. ~~ %; Harvest View Estates Petition Name printed) 6.JOs~~f~ V_~Al~v~~a ~~~~ ~ ~~ ~k.~s ;~~,-~P~ ~. (~~ l1~es ~~/I r~P ---,~ ec.i~1 November 2009 ~9.ddress ! Phone Number Signature ~J`~ro.~ Y,~4~/T /2 ~2u/`J CJ~1~ t.1r2jf4~, ~ -,J~ SD " y!/.~~ ~ r %~r `~~~~ ,. ~ f ----.' pp v ~t~ ~~~~~%~ ~, - ~ ~ _~~~ ~ - U .. ~ ; ~:~~~ /y 1 ~I~t,l l~r7rJ ~'f i+T~ C. ~+'1 !°v I ~ .r2 G` V~1 ~ 6°1 ~1 ~ `>~ 1 '~ ~tC~"~~~ .~: uP`~ ®~'i ~''6 ~!Z- ~~ `' t~ ~ S ~..> (~1~,~- ~ `_1~~~~ii S SS4 ' 1 LEc~~r Otis 7 U ~~?1~ W~c ~ ~~Gl~ ~3a1 ~M/~r~~~`/ ~,~~~,~ ~ s~ ~~ ~, ff ._._,. Harvest View Estates Petition we ti t 3 -4-e~,.~-~.- y r r v r '~ ~;~~ ~, November 2009 We, the undersigned OBJECT to the proposed petition by Brian Kane/Westside Ai^terial Development, LLC to rezone the parcel of Zand north of ~ Harvest View .Estates (Millstozze Drive) from the current R-1/R 3 designation to a Planned Unit Development (PUD). Tie believe that the czn^r•ent , r i coning designation of R-1/R-3 for that property fits within the existing neighborFzood as well as within the City's plans for expa~zded housifzg r options as it allows for both single family and low-rise multi family dyvellings currently. Therefore, eve asJc that you DENYtIze rezoning regr~est submitted by Briarz .l~'ane/YVestside Arterial Development, LLC and maintain the current zoning of that property. . Naane'(printed) Adlclress Phone Number Signature' ~rL; ,tip ~i-~~ ~ _ ~-~~ r ~ ~ ~ . ~,~~~+~- ~loa n~~.~~u~%v!~ ~6~uicU~T_ ~t~~3 M- t,~s?~cv~ ~-~ 557 3~~3 ~i _rA~~.~! '~ ~ ~i '7 5' ~~rL_G-_S'~'v1~~ ~,.~i? . _ ~ .S 7 ~ ?.3'~C /U1,ZJ ~ ~1t .?,Li_~c'~=' 2 ~ S ~~4 ~.,, ~ s-ors'--,~~ 2 ~~ 7 ~ ~-,.• ~~ ~ ~-~-- ~ ,- 5 ~ ~ ~ ~ ~lC~ Y/G~-~-~' ~ 1, 5 ~.,~ /~ i ~ ~ ~. Harvest View Estates Petition IoIame (printed) Address l~l;//~1~~, -C~~//7/J r~c_,7~~I~~_ tC~l~''f-dGl~ ~~~ ~~~`J"J~l:~~~~.~r~ ~_i~9~r ~v'~~ ,,, _ ~... ~ ti ~~ ~, .~ _ rn r,-~.ca ~'j e r r~ .a,~ ..--~ vu~v a -~~,>7.0 c~~Z ~•l . ~~~~'c~ i.C1 .%~' ,~r,8o G fJ ~ ~ ~~~ i ~-~1C ~1 ~ ~ ~5~~ ~_ ~,~ ~sss y,n.;tls~ y~~-, Pixone Number November 2009 Signature ~~ ~~~ ~~S~t~7,~1;,^~~ ~~ ~3 - ~ 5Z~ ~(~ 1 ~j ~ IL2.r~-~~ ~~~~^~~ ~ ~~~~ ~ ~L-L-~ i~~~. ~~ ~c6 ~ -,~~~.~ t~_ r 1 ~ ~~' ,k ~/~ ~y 1. I Harvest View Estates Petition November 2009 7 y f~ , . IIL`~ , - , __.;~ i We, the undersigned, ®BJECT to the proposed petition by Brian Kane/Westside Arterial Development, LLC to rezone the parcel of Zand north of Harvest View Estates (Millstone Drive) from the current R-I/R-3 designation to a Planned Unit Development (P ZID). We believe that the current zoning designation of R-1/R-3 for that property fits within the existing neighborhood as well as withi~z the City's plans for expanded housing options as it allows for both single fancily and low-rise multi family dwellings curt°ently. Therefore, we ask that you 7)E1VT"tlae rezortirtg request submitted by Brian Kane/Westside Arterial Development, LLC and maintain the current zoning of that property_ Name (printed) ~~C~d~R~~~( Address ~~-Sg ~~~~~~ ~~ 1 ~ ('~+ ~. f ~Y ~,'~~ ~~ a~~~ n~~ i is-~L~~, ~~ 2~ ~I ~~ 1~~~~n-~ ~-1I i~'i I~~~ ~~ Phone Number a~ (`~~-6 ~,~- ~`3~: ~f76z S(,.~ Sys - ~7~~, _~~~ ~~~'~~1~ ~~.,-~~~-133 Signature ~~' ~.~~ 1 .% ~ ~' ~~~ ~ , I ~'-~/ ` ~~'/1~ U ~~ :~ , ~~ ~ ~~ Harvest View Estates Petition ~.c.~ l~l.ec~i' l avtc~ ~(. November 2009 . i YVe, the undersigned, OBJECT to the proposed petition by Brian Kane/Westside Arterial Development, LLC to rezo~ze'the pcv^cel of land north of Harvest View Estates (Millstone Drive) from the current R-1/R-3 designation to a Planned Unit Development (P UD). We believe that the current zoni~zg designation of.R-1/R-3 for that property fzts within the existi~zg neighborhood as well as within the City's plans for expanded housang options as it allows for both. single family and low-rise multi fanxily dwellings currently. Therefore, we ask t/iat you DENYtIie rezoning request submitted by Briaaz Kane/Westside ArteT^ial Development, LLC and maintain the cur^rent zoning of that properly. i i ~~ Name (printed) Address Phone Number Signature ~~~~~~i~. ~ra~nu~ a.~o~ ~s h.e~-Nc~~.~~,~~- ~3 5~~1~r~ ~~~~~p~~~C~~ ~.~... ~v ~ ~' h ~.~ ~~ ~/1~~1 P.2~Z (62c~ ~Y'. .~'~(~ : - ~ D ~ ~ "Ulu-. ~~/.~~~t~~l.- ~ ~~~ ~ ~ / I ~'t, ~ [r- i~ ~~ ~ S t ~ (~(~ ~e a -f- ~ u-v~ e4 1~ ~ - ~a. ~ ~ SS'S~ -[~ ~1 ~' S5 ~ ~!~~.~,~1~.~~ 2~~ I Harvest View Estates Petition November 2009 Name (printed) .Address ~,._ y ~~. ~. ~-~S e l y r.;~ . ' l~r`~c~~~~-~ t ,~.: ~- ~~ __ ~ S~ ~ ~~~~~~~~~~ ~~ Phone Number Signature ~ i ~.~~r d b ~'~ ~ ~ . ~,- v ; s~ -o ~ ~/d ~ ~ ~ ~~~~1~~~ ~ ~ ~ _ d2S'~~3 ~ ~~~,~~ ,~~ i s`~~. -a~~~~;~~ ~~ ~,~ J-~-i-`1' ~f'JaC~r12~; ~,Y~» ~S/~S L.S~~ea~~C~ ~i ~1~~~,~gwz 3)q~8`1- Z18~ ~~ ~ ~=- `_ ~ / ~ ~~~~! _ ~ n. Harvest View Estates Petition Nance (printed) l.~0~3 /~,~c,~s~hs Address ~7 ~~a f~/~c ~rC~~b ~~Z ~ o~ SIG 1~~t2~~~f~';~ ~A~ t -~-~ ~.r_ ~_ .~ ~~ ~~1nc a . ~--~ ~(' ~ T,_ ~ rJ c" ~t~C'_,2_ t S f'~/~C~il~.~/ ~dY`~`S ~1 a 51 i ~/10.~~ iYt November 2009. &'h®ne Number Signature _; ~~ 563-~~~SFS~ (a36rj O~ ~ 1 t.C.J N(~~.x'..~~~D~. /i~. ~ll~~-ter' ~ ~ ^~ ~~i~ ~/Jf G~.~(~ ~~u~~ w~,~~,~-C~.~~ ~J~ ~~~ `~ vv}~-eu~~'tar~ Vic: ~~~~ ~~ ~ ,~.~~ ~ ~~~ a. ~~ ~ ~ f SIrZ`v -' ~0 4 '-~pZ~j IC7;Y1~ ~Ca~'1 1. ~ Cl 1~, . ~. ~ WJ ~~3 5~ '~~~ ~~ v V i ~"`'~ ~ ._ November 2009 i Harvest View Estates Petition • - -,I--, ~r r r y~ ~ - ~, We, the undersigned, OBJECT to the proposed petition by Brian dKa~Ze~atio a toea Planned Uaz'toDevelop~~ent (PUD) eWe believe that the caa^a ent Harvest View Estates (~Zlstone Drive) front the current R-1IR 3 gn zoning designation of R-1/R-3 for that property fits within the existing neighborhood as well as within the `Ctty's plans for expcuaded housnag . ~ options as it allows for both single family and Zow-rise J~•ial Devello ~ae tZjLLC a d naa~7ataiar theacura•ent zon~ng of t7 a propterll,, ~anirtg request: : ,. submitted by Briara Kane/Westside Artea p Namae (printed) \I /~, • K e L~ ,•L, ~ ~ ~, ~~ . ~ r S C~r .A,ddress ~,, ~a a ~'~ RP~~'~ ~ rev ~ r a~~~ ~~N~.~~t 1',~~~ ~~~~~ ~ s~~~~ ~~~ ~/V ~iv~I,C / ~ / ~.F.f.~GC/O~L~ P7a.one Pl~crnber Signature . ~ J f ~.~ ~ ~~ ~ ~~ 3~y^ ~~ /217 ~-~ ~ ~. ~~3.3.7 ~ ~Z 11~~7' l,~C ~ ~~~,~~~ ~. ~- Harvest View Estates Petition 1'~'ame (printed) .A.cidress Phone 1Vumber .. r ~~. _ ` (/~ I/f-'r~. r ~ r ~ ~.J C,t D r. E ~ ~lot~ /y~.~}2 U~sr J/! ~-uJ ~ 2_ '!v ~"~~ ~ t~'6t- inl\LL~C~~~'~,_ 2-~~6 ~~t~v~ ~ \ ~ev~l ~*IVZ,~1~ J ~ h r~ ~ N ~ e .~ g 2-3 3/ /-~~i~ r~ ms's T Ur` r= ~.- o /~ ~Ci ru ~~ ~lil~,~ S ~,~11 Li f~ ~i~'_~xJ s tt~'~ ~~ v ~Y' ~~~~ovs~~,~ / l ~ln~cm~a' ~-~-~ l~n~n~ 0 y~3~ ~`f~ may-~ a..~oa ~~ca ~~av ~~~ ~5~~ ~ November 2009 ~ I Signature ~~ sy~ ~/7Gr/'''7 ~-- 4 ~'~ 0~~~ ~ r~- - _~, ~ S~ U7~ 533-. ~-€~c~ 5~3 ~ ~ i~ .. v "''~'~~ r ~ `~ . _ .. ~~ /~i nil..0 `~i ~'' // S 0 ~~~~ ' /, ~ - ~ i Harvest View Estates Petition /Name (printed) ~Ii7 ~ ~ cS ~G. fh r~ ~~~~~~ C~.~~~~ November 2009 Address ,Z_<y~~ /7ccrlfr~j~' V ~ Wit/ , t 23~.~ ~~.~~~s~ ~ dec~~ 1~ Phoa~e Number ~~~ ~ 6~~ Siguatu~e ~~~ y-~~ ~"7-e-~'~tl~m ~,dl~(`S ~ ~~'1 ~-~cl~/.aS~' V'iZ~J D~ ,~ < y ,'~ t?a Jl'd'L _ ~ ~~ C~ov~~ i ~ ~ ~~' I/ ~.~~ Z-c~~o~ ~j~(o~ -~'~ ~ z i ~~ ~~~ ~ ' ;` ~ ~ ~ ~ ~ ~~ Harvest View Estates Petition ~ a-~. Sir, ~S 5 _~-- ~ r ~` r ~ , ~ We, the undersigned, ®BTECT to the proposed petitiorx by Br^iara I~ane/Westside Ar^ter^ial Development, LLC to rezone the parcel of land nor^th of ~ Harvest View Estates (Millstone Drive) frorai the current R-1/R-3 desig-ization to a Plm~ned Unit Development (P UD). We believe that the current ~ zoning designation of R-1/R-3 for that property fits within the existing neighborhood as well as within the City's plans for expanded housing options as it allows for both single family and Zow-rise multi family dwellings currently. Therefore, we aslc tliat you DE1VY tlae rexo~iirzg request submitted by Briars Kane/Westside Arter^ial Development, .LLC arzd rnairztain the current zoning of that property. Name (printe€i) -- ~~~ec'r C~,~~?S J,, I~,u~11~ ~.w,- -hs .~ ~ ~~~. ~,I ~~~Is _vi ~ -e~~ e „_ Utaol! S'~ ~,cfldress y ~~~,~~~~~.~~. /! a56o t~; t~~. ~~;.,~s ~: a w/1~AOw,~ i ~ Phone Nuinbe~- Signa e i November 2009 ~~ _ ff AA i ~~63~ S~3 - t i i _ -- ~, L: -s C ~ ~~ ~~cJ ~y'1~ ~~~ ~~h~~ ~~. ~~3? .:~ i .% Harvest View Estates Petition November 2009 1mTame (printed) .Address Phone 1\Tumber Signature/~- I ~L9..~~~E? on ~ h r~ ` /l~ 1 i' ~"-~2 ~"~'~r ~~ (JI vx ~~ l-~c:i/ of ~ 7~ ~l / To l'~ ~~Y 1 ~ G~'.S J~~~ ~.~~ ~ ~ O ~~ ~ 1 ~ ~ ~ i / -a C U /= t~7C., ~,¢~~~~ . Z. ~-~ x-71 ~~~ ~p~"~ ~ SZ~ {~ r~~~~ , ~. ~-'~_ ~ . ~t ~n ~ ~ ., , - ~. ~ ~ ~ j ~au'a f 06et'~o~il `~ ~-cG/-F5 l~-il{z~~ ~ar~~~ s fir, 55~- ~ci 3`r~ _ l~~~o-~2. ~ l~en_~rar1LP_ ~,~ ~ ~vinu~~ ~ ~ C .5rj Z i~C~ I~x„ ~r1~~ ~ 4~r, ~~0~ "" 5~~~ ~' ~ti~/ L~ /0 ,~ - ~ i ~,~ ~ ~ a ~ ~.~.. r t /tom ~i~L~ -~~ ~ ~/ ~ . ~ ~,, f. ~~ ~_~~ ~ ~`~ ~r .` i __ _ __ Harvest View Estates Petition Nance sprinted) ~~i ~~~ ~ /~ ~ ~_ ~A.M~.S ~ f'T ~!uSl~ h a~~, f~ ~ G~3s~on I i November 2009 j .A..ddress i'hone Nuncbe~ Sig/n~ature ~ ,~~~ ~ ~/ Tls~ ~~~~ ~ met ; ~ ~ P~ (~QJ~uAI,~- (~. ~ ~`~'~`~Iu ~~r~sl~ ~- 1 l~ ~ ~ U ~ ~- l a Q ~ ~..17'~~1 ].~.t 0 ~ 57 ~ 1-(u ~~~~ S-~ ~ i°~rqs p ~ ~ S"'~,3 - 5« - 3~~oZ ~~~~~i ., ~ i PLANNE® ®ISTRiCT STAFF REPORT Zoning Agenda: December 2, 2009 Project Name: West Side Arterial Development, LLC PUD Property Address: North of Millstone Drive. Property Owner: West Side Arterial Development, LLC Applicant: Brian J. Kane Proposed Land Use: Multi-Family Residential Proposed Zoning: PUD/PR Existing Land Use: Vacant Existing Zoning: R-1/R-3 Adjacent Land Use: North -Recreation Adjacent Zoning: North - PC/R-1 East -Multi-Family Residential East - PR South -Single-Family Residential South - R-1 West -Vacant West - PC/ C-3 Flood Plain: No Water: Yes Total Area: 7.84 Acres Existing Street Access: Yes Storm Sewer: Yes Sanitary Sewer: Yes Previous Planned District: No Purpose: The requested rezoning from R-1 Single-Family Residential and R-3 Multi- Family Residential to a Planned Unit Development with a PR Planned Residential designation is to facilitate the development of 156 apartment units. Property History: The property has been vacant since its initial grading as part of the Harvest View Estates Subdivision. Previously, the property was used for agriculture. Physical Characteristics: The subject property is approximately 7.48 acres in size, is located in the northwest corner of the Harvest View Estates Subdivision, and generally drains to the southeast. Conformance with Comprehensive Plan: The Future Land Use Map for the City of Dubuque designates the property for multi-family residential development. The proposed rezoning involves Land Use Element Goals 1.1, 1.2, 6.1, 7.2 and 8.2. Staff Analysis: Planned District Staff Report -North of Millstone Drive Page 2 Streets: The proposed development will take access from an extension of Plaza Drive. The access drive and interior roadways will all be privately maintained by the property owner. Sidewalks: Sidewalks will be installed within the proposed apartment complex. Parking: The conceptual plan provides for 1.57 parking spaces per unit, including the proposed parking garages, which exceeds the UDC requirement of 1.5 spaces per unit. Lighting: All new outdoor lighting will be required to utilize 72-degree cut-off luminaries. Signage: The conceptual plan does not designate location for any signage. Bulk Regulations: See attached conceptual plan. Permeable Area (%) & Location (Open Space): Approximately 54 percent of the 7.48 acre site will be covered with impervious surface. An open space/recreational area is designated on the south side of the development approximately 4,500 square feet in area. Landscaping/Screening: See attached conceptual plan. Phasing of development: None proposed. Impact of Request on: Utilities: Existing City utilities are adequate to serve the subject property. Traffic Patterns/Counts: Attached to this staff report is a copy of the 2005 IDOT Average Daily Trip Counts for the subject area. Public Services: Existing public services are adequate to serve the site. Environment: Staff does not anticipate any adverse impacts to the environment provided adequate erosion control is provided during all phases of development. This site is part of the Harvest View Estates subdivision and was included in the storm water calculations in determining the size and location of storm water detention for the entire subdivision. Adjacent Properties: The most likely impact to adjacent properties will be an increase in vehicle trips generated from the proposed development. Planning staff notes that access is proposed to be through an existing commercial access Planned District Staff Report -North of Millstone Drive Page 3 off of the Northwest Arterial with no access to the existing Harvest View Estates Subdivision. CIP Investments: None proposed. Staff Analysis: The applicant is requesting rezoning of the subject 7.48 acre parcel from R-1 Single-Family Residential and R-3 Multi-Family Residential Districts to PUD Planned Unit Development with a PR Planned Residential designation. The subject property is located at the north end of Millstone Drive within Harvest View Estates Subdivision. The development will encompass 13 apartment buildings providing a total of 156 dwelling units. Access to the development is limited to an extension of Plaza Drive that intersects with Iowa Highway 32 Northwest Arterial. The access serving the development and all interior drives will be privately maintained. When fully built out, the 156 dwelling units will be served by 245 parking spaces in both surface parking lots and garages. The 2030 Future Land Use Map of the City's 2008 Comprehensive Plan designates the subject parcel north of the end of Millstone Drive for multi-family development. Land Use Goal 1 in the Comprehensive Plan states, "To protect and enhance the viability, livability and affordability of the City's residential neighborhoods while integrating multi- family development throughout the community." Objective 1.2 states, "Promote providing a range of housing options throughout the community." The subject property borders the single-family homes within Harvest View Estates to the south, the senior housing project at the end of Matthew John Drive to the east, the Northwest Arterial to the north, and existing commercially-zoned property to the west. The submitted conceptual plan includes a singular access provided through an extension of Plaza Drive to the east. The Planning Services and Fire Departments recommend that an emergency access be provided as part of the development of the site. Staff has discussed with the applicant either having an access off the end of the proposed hammerhead turnaround at the end of Millstone Drive or coordinating an access with the existing senior housing complex to the east. Planning Services and Fire Department staff recommend that approval of the PUD be subject to providing an emergency access that will be worked out with the applicant as part of the site plan approval process. The proposed access to the site is proposed initially to be 24 feet in width. With development of Lot 2 of 2 of Church Place No. 2, the commercial property that the private drive will traverse, that roadway will be expanded to accommodate the greater volume of traffic generated by commercial businesses. As an interim access, City staff does not object to the 24-foot width. Attached to this staff report is a copy of the 2005 IDOT Annual Average Daily Trips (ADT) for the subject area. The Institute of Traffic Engineers Trip Generation Manual indicates that for apartments, the trip generation rate is 6.47 average daily trips per dwelling unit during the weekday. This translates into approximately 1,009 ADT. Planned District Staff Report -North of Millstone Drive Page 4 City Engineering staff has recommended conditions that the proposed hammerhead turnaround at the end of Millstone Drive be constructed by July 1, 2010, and that no construction equipment shall enter the site from Millstone Drive, but rather be brought in through the proposed private access drive from Plaza Drive. The submitted conceptual plan illustrates an interconnected sidewalk system for approximately two-thirds of the development. Planning Services staff recommends that the sidewalks be extended around the entire development with connections to Millstone Drive and to the future commercial area. This sidewalk connection is supported by goals in the Comprehensive Plan and the 2008 Tri-State Area Trail Plan. The existing zoning on the subject property is a mixture of R-1 and R-3 zoning. The area zoned R-1 encompasses approximately 3.4 acres, and if developed at the same density of the single-family home portion of the Harvest View Estates (3 units/acre), a total of 10single-family homes could be built. The area zoned R-3 is approximately 4.4 acres in size, and if developed under the district regulations (2,000 sq. ft. /dwelling unit), a total of 95 condominiums or apartment dwelling units could be built. R-3 allows up to six units per building. The existing zoning of the subject parcel will allow construction of 105 dwelling units. The conceptual plan illustrates screening along the south and east sides of the project. The type of plantings are not designated but the spacing is approximately 15 feet. Planning Services staff recommends that the spacing be reduced to 8 feet between plantings, that the area to be screened be limited to the south side, and that an evergreen tree variety be used. The evergreen trees should be 4-5 feet at planting. Storm water controls will be reviewed in detail as part of a site plan once the subject property is successfully rezoned. This property is included in the Harvest View Estates Subdivision, and was included in determining the storm water calculations and storm water system for that subdivision. City Engineering staff has reviewed the conceptual plan and does not see any issues that would prevent the site from meeting the existing storm water control regulations and policies. The applicant has provided an elevation of the proposed apartment buildings and floor plans which are attached to this staff report. The apartment buildings will be a mixture of 18 unit, 12 unit and 6 unit buildings. The applicant has not indicated any specific phasing of the development. Planning Services staff recommends the Zoning Advisory Commission review Section 9-5 of the Unified Development Code that establishes criteria for the review of rezoning requests, and Section 5-24.5 that establishes plan approval standards for proposed planned unit developments. Pre ared b ~~~ Reviewed: d///~1 Date: //~,~~l~Og p Y rte. ;w+~.w. - .. •- w ~'~W ~. ~'^'^!~`S,r„~'A1t•``{'C'~ Iv ~.~L"":[v ~ar"~~-d~M ~.-nT 'vYni'~ueh "'~''a ~ ~.,~;~ rhYL,z ~ .~it,i'.. .f, 7 J. ~y~. ~.A'~~~. -. u. W _ ~ _ _ t ~ ~' -_ .;L`...f ~~-~n' ` W ~l :,~~ W .may «., _ '_~ ':.:y-/ ,-+- L ~ ~ ~,~~ ~._` ._~ My 1 y ~ ~} 8r~ .~' 'L -atb x.. I: ,i1 ~{ ., W,~' wrM ,~ '..,C. f V e1Ff ~Y~°' J•,'t ~' „dw~r~L ~ _..E..a1 `~ -~~ d,~~'~"" ,Y-~,pdArd°' ~ t A.. .,;;~ w~ a ~~- t+C _ . ~ : ti a •ci ~ _ ~~~_ r ~. ,~ i. _ av~sw a. 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Citv Planner Address: 50 W. 13th St. Citv Hall Telephone: 589-4210 Return to: Jeanne Schneider, Citv Clerk, Address: City Hall- 50 W. 13~" Street. Telephone: 589-4121 ORDINANCE NO. -09 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED SOUTHEAST OF THE INTERSECTION OF THE NORTHWEST ARTERIAL AND PLAZA DRIVE FROM R-1 SINGLE-FAMILY RESIDENTIAL AND R-3 MODERATE DENSITY MULTI- FAMILY RESIDENTIAL DISTRICTS TO PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PR PLANNED RESIDENTIAL DISTRICT 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 Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is hereby amended by reclassifying the hereinafter-described property from R-1 Single-Family Residential and R-3 Moderate Density Multi-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, is hereby adopted and approved for the following described property, to wit: Lot 1 of 36 and Lot 2 of 36 of Harvest View Estates Fifth Addition, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. A. Use Regulations. The following regulations shall apply to all uses made of land in the above-described PR Planned Residential District: Principal permitted uses shall be limited to 156 apartment units. 2. No secondary or contingency uses shall be permitted. Northwest Arterial & Plaza Drive Page 2 3. 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 PR Planned Residential District shall be regulated as follows: The development of the apartment buildings, detached garages and parking areas shall be in substantial compliance with the approved conceptual plan. C. Performance Standards The development and maintenance of uses in this PR Planned Residential District shall be regulated as follows: Access Regulations a. Primary access to the site shall utilize the private roadway connected to the Northwest Arterial and Plaza Drive intersection. b. An emergency access only shall be provided for the project. The location and design shall be approved as part of the site plan approval process. c. That a hammerhead turnaround shall be constructed at the end of Millstone Drive by July 1, 2010 regardless of the status of the construction project. d. That access for construction equipment utilize the private roadway only. e. That the private sidewalk system for the development be connected with the public sidewalk on Millstone Drive. 2. Parking Regulations a. Off-street parking shall be provided based on the approved conceptual plan. b. All vehicle-related features shall be surfaced with either asphalt or concrete. c. Proper surface drainage of storm water shall be provided. d. All parking and loading spaces shall be delineated on the surfacing material by painted stripes or other permanent means. Northwest Arterial & Plaza Drive Page 3 e. The number, size and design of parking spaces shall be governed by applicable provisions of City of Dubuque Ordinances enforced at the time of development of the lot. f. The number, size, design, and location of parking spaces designated for persons with disabilities shall be according to the local, state, or federal requirements in effect at the time of development. 3. Site Lighting a. Exterior illumination of site features shall be limited to the illumination of the following: i. Parking areas, driveways and loading facilities. ii. Pedestrian walkway surfaces and entrances to building. b. Location and Design i. No light source shall provide illumination onto adjacent lots, buildings or streets in excess of 1.0 foot candle. ii. All exterior lighting luminaries shall be designed and installed to shield light from the luminaries at angles above 72-degrees from vertical. iii. Fixtures mounted on a building shall not be positioned higher than the roofline of the building. iv. All electrical service lines to posts and fixtures shall be underground and concealed inside the posts. 4. Landscaping and Screening a. Landscaping shall be provided as part of each residential building and at the end of any parking area located adjacent to a public roadway and not otherwise screened by structures or topography. b. That a berm with an evergreen screen shall be provided along the southern portion of the property. The plantings shall be installed at a minimum of 3 to 6 feet in height at planting and be spaced 8 feet apart. Northwest Arterial & Plaza Drive Page 4 5. Storm Water Conveyance a. The developer shall be responsible for providing surface or subsurface conveyance(s) of storm water from the lot to existing storm sewers or to flow line of open drainageways outside the lot in a means that is satisfactory to the City of Dubuque. Other applicable regulations enforced by the City of Dubuque relative to storm water management and drainage shall apply to the subject property. 6. Exterior Trash Collection Areas a. The storage of trash and debris shall be limited to that produced by the principal permitted use and accessory uses of the lot. b. All exterior trash collection areas and the materials contained therein shall be visually screened from view. The screening shall be completely opaque fence, wall or other feature not exceeding a height of 10 feet measured from the ground level outside the line of the screen. Screens built on sloping grades shall be stepped so that their top line shall be horizontal. Exposed materials used to construct the opaque screen shall be similar in appearance to materials used for exterior building walls. All exterior entrances to a screened trash area shall be provided with a gate or door of similar design to that of the screen. If a 10-foot high screen fails to shield the exterior trash collection area from view from points inside or outside of the property, evergreen plantings may be required in addition to the screening. Evergreen plant materials shall be selected and designed so that they will screen the area from all off-site visibility within five (5) years. 7. A site plan shall be submitted in accordance with Articles 12 and 13 of the Unified Development Code, whichever Code is in effect at the time of site plan submittal. D. Sian Regulations 1. Signs in the Planned Residential District shall be regulated in accordance with the R-4 Multi-Family Residential Zoning District sign regulations. 2. Variance requests from sign regulations shall be reviewed by the Zoning Board of Adjustment. Northwest Arterial & Plaza Drive Page 5 E. Other Codes and Regulations Service Lines. All electric, telephone, cable, or other similar utility lines serving the building and other site features shall be located underground. 2. The use of semi-trailers and shipping containers for storage is prohibited. 3. These regulations do not relieve the owner from other applicable city, county, state or federal codes, regulations, laws and other controls relative to the planning, construction, operation and management of property within the city of Dubuque. F. Transfer of Ownershia Transfer of ownership or lease of property in this PR Planned Residential District shall include the transfer or lease agreement a provision that the purchaser or lessee acknowledges awareness of the conditions authorizing the establishment of the district. G. Occupancv Permits No occupancy permit shall be issued by the City of Dubuque for property included in the subject planned unit development district until full compliance with this ordinance has been achieved. 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. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. The foregoing amendment shall take effect upon publication, as provided by law. Passed, approved and adopted this day of 2009. Attest: Roy D. Buol, Mayor Jeanne F. Schneider, City Clerk December 12, 2009 Dubuque City Council Dubuque, IA. 52001 RE: Proposal by Westside Development, LLC to rezone the parcel of land on the North end of Millstone Dr., Lot 1 & 2 of Lot 36 of Harvest View, Fifth Addition from current R-1/R-3 to PUD. Dear City of Dubuque City Council Representative, At the zoning commission meeting on December 2°d, the commission denied the motion to rezone the property described above. The zoning commission listened attentively to the concerns of the 124 families who reside in this subdivision, and agreed that the initial zoning was the correct zoning. We concur, and continue to oppose the proposed zoning change. The City Council will have a chance to act in favor of the citizens they represent at the council meeting on December 21St The intent of the original developers was to construct the majority of homes as single family dwellings, with some additional low density apartments and side by side condos, at the same time keeping the subdivision on the upscale side. If time is of the essence to accommodate the influx of our new labor force, current zoning allows approximately 95 rental units. This number of new rental units would aid the shortage immensely, and delays in construction could be avoided. At the zoning commission meeting on December 2°d, a survey of the shortage of rental units in the city was sited; It is our feeling that there may be somewhat of a shortage, but a more indepth survey may be needed to obtain a better picture of actual rental needs to avoid having many vacancies in the future, as the renters become homeowners. Arguments have been made that many of the salaries these new Dubuquers are paid would not be sufficient to purchase and own a home; with historic low interest rates, and government incentives, this may not be the case. It is well documented that most families today are two income families, thus having the potential to qualify as buyers. In recent discussions on the rental shortage, there has been an emphasis on having rental units available in close proximity to the downtown area. Rezoning and building 156 Units, under the proposed PUD zoning, does not fulfill this goal. With the recent approval of 2.5 million dollars to promote and update existing rental units, it appears with some effort, many units could be revitalized to accommodate the new labor force, and at the same time fulfill the goals of providing close in living quarters, and enhancing the downtown area as a whole. It should be noted that very recently, rezoning has been granted to the same developer seeking the Harvest View rezoning, to begin building over 200 new units in the Westmark area, as well as rezoning to another developer on Radford Road for up to 96 units. Neither of these rezoned parcels is adjacent to a high percentage of single family homes, as characterized by the Harvest View subdivision, nor did these zoning requests meet with homeowner opposition. Our Harvest View Subdivision currently has approximately 124 families, the majority of which are single family homes, with a value range estimated at $250,000 to $450,000. Individual property taxes range from $2800 to $5800 per household. If PUD rezoning is granted, a larger number of apartment buildings will be constructed containing more units, with less green space than allowed under present zoning. The rezoning would impact existing property values in a negative way. This application for rezoning was denied by the zoning commission, and it would be prudent for the City Council to do the same. We believe the Council has the responsibility and an obligation, not only to provide value to new Dubuquer's, but to protect the rights of those long term Dubuquer's who have poured their hard earned dollars into this very successful living area of the city. Respectfully Submitted, Daniel & Janice Smith 2569 Wheatland Dr. Dubuque, IA. 52002 December 17, 2009 City Council Dubuque, IA 52001 City ~.~ ~ , ~ ~J`ic RE: Proposal by Westside Development, LLC to rezone the parcel of land located north of Millstone Drive (lots 1 & 2 of lot 36 of Harvest View Estates, 5th addition). December 21, 2009 City Council Meeting. Dear City Council We are writing to present our objection to the proposed petition by Brian Kane/Westside Arterial Development, LLC to rezone the parcel of land north of Harvest View Estates (lots 1 & 2 of lot 36 of Harvest View Estates, 5th addition) from the current R-1/R-3 designation to a Planned Unit Development (PUD). Our property is located at 2576 Hilton Springs Dr (I,ot 12) and is directly adjacent to the parcel of land with our home overlooking this property. We have several concerns about the proposed rezoning and proposed 156-unit apartment complex that Westside Arterial Development, LLC has planned for the property. 2576 Hilton Snrings Drive (Lot 121 My wife and I moved to Dubuque in 2006 after recently graduating from college. We recognized job growth and a potential for both of us to have careers with a great place to raise our children. We specifically chose to purchase in the city limits of Dubuque because of the proximity to city services, public transportation, and local businesses. When we purchased our property and home in September 2006, we made that decision based on the city's existing zoning plan for the Harvest View Estates area. The Harvest view subdivision was under development during this time and the parcel of property under request for rezoning was planned to be part ofthe Harvest View subdivision, with single-family homes in the R-1 area and condos/townhouses in the R-3 area. The value of homes in the Harvest View Subdivision is between $200,000 and $400,000. This results in a property tax range of $3,000 to $6,000+ per year. These tax values are in line with property taxes for a singe family home residential areas within the city of Dubuque and similarly sized cities in Iowa. With the development ofthe proposed complex and rezoning to PUD, these tax values are considerably high and do not represent the area that we purchased our home. Ifthe proposed apartment complex is developed on that property, it will adversely affect the value of our property due to the proximity of the proposed complex. Since we recently purchased my home, we would expect the value of our home to decrease to a level that would put us close to an even equity position. We purchased our property and land to make an investment in the city of Dubuque and the area that we live. This would put a significant hardship on our family that we did not foresee when we purchased our home. Citv Anartment Shortage The recently identified city apartment shortage of 500+ units had a specific recommendation to include amenities and to locate closer to the downtown area for access to the expanding development of the downtown area. These amenities include a community center, green/park space adequate for residence, a work out facility and other common use spaces. The proposed apartment complex does not provide for any of these amenities. We are aware that there is an estimated shortage of rental units in Dubuque with the expected incoming IBM and other possible business growth and agree that new and affordable rental options are an asset to the city. We also understand that the projected IBM population and other influx of population will take place over the next 10 years. In fact, at the meeting with neighbors on Nov. 18, Mr. Kane described a similar apartment project by Westside Arterial Development, LLC that is about to begin off of Radford Road. That site is much better suited for an influx of a large population as it is not encroaching upon any established single-family neighborhoods. We also understand that the apartment shortage study was completed prior to the announcement of multiple business closings in the area. Recent closures of Thermo Fischer Scientific (350 Jobs), Econofoods (70 jobs), and Bricktown (Downtown area) all provide a significant decrease in the available jobs and decrease the population looking for apartments. PUD Zoning A planned unit development district is intended to encourage flexible and innovative design in the development of appropriate sites as integrated project units. The regulations for a PUD development include the following: 1. "To maximize potential for large-scale office, residential, commercial and industrial development and at the same reduce to a minimum impact of the development in the surrounding land uses and the natural environment." 2. "To provide the creation and preservation of more and larger usable public or common open spaces that would normally be provided under conventional development." 3. "To encourage new development in design for efficiency and cost savings for the developer and the community." This is only 3 of the 9 regulations listed for a PUD development. The proposed development and rezoning request does not accomplish any ofthe regulations except the third one listed above by allowing for cost savings for the developer and a larger return on investment for the developer. The proposed rezoning and development does not address "innovative" or "diverse" land uses as described in the regulations for a PUD development. A PUD development must also meet the following standards: 1. "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 land uses, and shall be integrated into the neighborhood." 2. "The PUD shall conform with the adopted long range comprehensive plan" 3. "Specific landscaping/screening/lighting requirements to maintain privacy or reduce impacts in adjoining properties." All of these standards are not addressed by the proposed rezoning and development. Transition A suitable transition must be included in the development/rezoning proposal. The development currently has a no fence policy that every land owner follows based on the covenants of the development. Based on the site plans supplied by Westside development LLC, an apartment complex will be placed 29 feet from my property line. Any type of transition will not provide a suitable barrier between the single family residential homes and the proposed high density complex. Proposed Develonment/Rezoning The proposed development (as explained in a meeting held by Brian Kane and Westside Arterial Development, LLC on Wednesday, Nov. 18, 2009) will consist of an apartment complex with 156 two-bedroom, two-bathroom units in a series of 18-plexes, 12-plexes and 6-plexes. The proposed rent for these units is $850 per unit. It is reasonable to consider that a family of four could occupy one of these rental units. We also feel that it is reasonable to estimate an excess of over 400 residents if this development were to be completed. This density does not seem in line with the existing, established single-family neighborhood. It also raises concerns of noise, traffic and extensive parking lot lighting. It also does not account for a reasonable "transition between residential and non-residential districts," which is how the R-3 zoning ordinance is described. The current R-1/R-3 zoning of that property sufficiently does that. Millstone Drive Turnaround Recent planning and zoning discussions have been made about the temporary cul-de-sac at the north end of Millstone drive. The final decision on the cul-de-sac concluded that if the area is rezoned, like the PUD proposal, the cul-de-sac will be replaced with a hammerhead turn around as a permanent fixture. There is also a city recommendation to add a connecting sidewalk from the apartment development to the Harvest View development at the hammer head turn around. This will create a place for residence to park and walls to the apartment building only 29 feet away. Conclusion While we recognize the need for such developments, we do not believe that the location north of Harvest View Estates is an appropriate one. That is why that land is currently zoned R-1/R-3, which fits both within the existing neighborhood as well as within the city's plans for expanded housing options, as it allows for both single-family and multi-family dwellings currently. Therefore, we ask that you please follow the recommendation of the Planning and zoning committee and deny the rezoning request submitted by Brian Kane/Westside Arterial Development, LLC and maintain the current zoning of that property. "You can build walls to separate people from people, but we do not want to be separated from our neighbors." The transition that is proposed in this application for rezoning is not adequate to provide privacy to the existing home owners. If the transition is improved to provide privacy, a significant "wall" will be constructed to block the proposed development. This "wall" would create a significant barrier to open space and provide a visual barrier between our home and the surrounding environment. We appreciate the time you have taken to read this letter and taking our comments into consideration. Sincerely, James M. Hensley Molly J. Hensley 2576 Hilton Springs Dr. 2576 Hilton Springs Dr. Dubuque, IA 52002 Dubuque, IA 52002 Bobby Martin 2544 Wheatland Drive Dubuque, IA 52002 December 16, 2009 G° OTC f 8 ~~~ 8 ,. , G'uf~u~?~~, I~~ Mayor: Roy D. Buol Council Members: Ric W. Jones, David T. Braig, Joyce E. Connors, Dirk N. Voetberg City Manager: Michael C. Van Milligen City of Dubuque 50 West 13th Street Dubuque, IA 52001 Dear City Leaders: Resnick, Kevin J. Lynch, Karla A. Please accept my "Thank You" for the work that you have done and continue to do for the City of Dubuque. Thank you considering my viewpoint concerning the request to rezone the property at the north end of Millstone Drive (Lot 1 & 2 of Lot 36 of Harvest View Estates, Fifth Addition). The previous action of the council to zone that property R1 and R3 was logical and appropriate. The current R1 and R3 zoning can be integrated into the current R1 and R2 neighborhood to the south of the property and with Dubuque Retirement Community (DRC) to the east of the property. The existing zoning allows for a mixture of duplexes, single-family homes, four or six unit apartment buildings and the DRC. This is consistent with the goals stated in the city's own 2008 Comprehensive Plan. (Goals 1.1-1.3 include inclusive, integrated neighborhoods with a mix of housing types connected to greenbelts and public facilities.) Goal 1.5 of the Comprehensive Plan is to encourage protection of existing residential areas from encroachment by incompatible development. The planned development for the rezoning before the Council is incompatible with the existing neighborhood. The proposed rezoning fora 3-story apartment complex with 150+ two bedroom of near identical floor plans would fracture the neighborhood into the existing neighborhood and the apartments. A berm with trees is proposed to physically divide the neighborhoods. The proposed plan does not include single bedroom or 3 / 4 bedroom options that the current zoning would allow. The proposed plan does not have sidewalks, a jogging track, an indoor exercise facility, or an indoor play area for the children who live in the complex. It does not provide any of the expected amenities that new apartment complexes must provide to encourage a safe, healthy and cohesive community. The outdoor `park' that is proposed is about the same size of a single yard of a single family home. The closest path to the (very small) neighborhood park (Harvest View Park) is through the backyards of neighbors or on the private road Mayor, City Council, and City Manager December 13, 2009 Page 2 of Dubuque Retirement Community. The only path not through private property would be to the far west of the development -Millstone Drive. The other green space that is large enough for kids to play is the privately owned playground and ball field that belongs to Resurrection Church. The proposed rezoning is incompatible with Comprehensive Plan Goals: -8.2 encourage new development concepts that by design enable people to walk to work, school, day care, shopping, and recreation. -8.3 facilitate, where possible, enhanced accessibility within existing development. -8.4 encourage the development of pathways that link the community together in a cohesive manner. - 8.5 promote assurance with the provision of access to persons with disabilities. The proposed plan does not provide adequate parking for a community with over 300 bedrooms. The proposed Millstone hammerhead combined with some additional parking overflow from the apartments will make snow removal and garbage pick-up more difficult on the residential Millstone Drive. While the hammerhead does meet the minimum requirements by the city, it will add complexity and time for the city workers to accomplish their jobs. The residence near the hammerhead will also have additional noise and risk that is associated with stopping and backing-up large city vehicles. The plan submitted by Westside Arterial Development is in conflict with goal 1.7 of the previously mention `2008 Comprehensive Plan'. Goal 1.7 is to encourage neighborhood identity, planning, and pride of place. In excess of 90% of the current residents of Harvest View Estates has signed the petition against the proposed plan submitted to the Zoning Advisory Commission. The proposal to quickly get another 156-rental units available in Dubuque is tempting until you look at the details. This detailed plan is so poorly conceived that I have some thoughts that it is just a delaying technique to avoid putting in the temporary cul-de-sac that the council discussed in October. If Westside Arterial Development can manipulate the city into rezoning they will not have to fulfill their obligation and can turn a quick profit at the expense of the existing neighborhood. Those poor homeowners whose backyards border the proposed property will have three story apartment buildings built on higher ground and just a few feet from their children's play area. Never again will they be able to let their children play in their backyard without concern for their safety. Never again will that family have the same level of privacy or security they have with the current zoning. I also ask you to consider the access to the schools west of the arterial would likely be through the parking lot of Sam's Club. The Retirement Community's private street is the foreseeable pedestrian access to the schools near JFK. 1 have concerns for the safety of the children and security of the people who live in Mayor, City Council, and City Manager December 13, 2009 Page 3 the Retirement Community as well as the single-family homeowners along Matthew John and Wheatland. We attended the information meeting on November 18 by Brian Kane (representing the Westside Arterial Development). We have given careful consideration to what is proposed and are firmly against it. We believe there was significant wisdom shown in the current zoning of the property. I encourage you to deny the request to rezone the property at the north end of Millstone Drive (Lot 1 & 2 of Lot 36 of Harvest View Estates, Fifth Addition). Thanks again for the work you are doing, including considering my concerns. Sincerely, ~a yc akd ~a~~~y 71Za~tc~ November 24, 2009 Mr.Kevin Lynch Ward One Citycouncilman Dubuque, IA. 52001 RE: Proposal by Westside Development, LLC to rezone the parcel of land on the North end of Millstone Dr., Lot 1 & 2 of Lot 36 of Harvest View, Fifth Addition from current R-1 /R-3 to PUD. Dear Mr. Lynch, We are opposed to proposed zoning change for the following reasons: Original Plat: the intent of the original developers was to construct the majority of homes as single family dwellings, with some additional low density apartments and side by side condos, at the same time keeping the subdivision on the upscale side. PUD zoning merely adds more units, more buildings, a higher density of units, and does not seem to conform to the city and the mayor's vision and goal of Dubuque being a "green city" Overbuilding/overreacting: Some of the city planning and economic forecasters point to an immediate need for more rental units to help transition the many newcomers to Dubuque. There are differing opinions on how many rental units are presently available, and if there is an immediate shortage. Buv versus Rent: It would seem that some of the newcomers would take advantage of the first time home buyer stimulus plan which has been extended through April of 2010 rather than pay rent. Could the shortage of rentals be temporary? Many of those who initially rent will be future buyers, possibly leaving a multitude of rentals unoccupied in one to two years. As a recent example of over reacting to shortages, it may be wise to revisit our Dubuque retirement centers and their current occupancy rates. Five years ago, it seemed there was as shortage of retirement community living center units; today we have two large centers, built in the past five years, Dubuque Retirement Center, and Oak Park Place that remain with a large number of units still vacant. . New Rezoning: we would also note that in the past month, rezoning has been granted to the same developer seeking this rezoning to begin building over 200 new units in the Westmark area, as well as rezoning to another developer on Radford Road for up to 96 units. Neither of these rezoned parcels is adjacent to a high percentage of single family homes, as characterized by the Harvest View subdivision. Possible solutions to the shortage: 1) have landlords voluntarily remit information on current number of units unoccupied, and how many they expect to become available during the next 6 months. 2) Use the retirement centers as a temporary/short term solution need, avoiding over building rentals for the future. Pronertv Value: Our Harvest View Subdivision currently has approximately 125 families, the majority of which are single family homes, with a value range estimated at $250,000 to $400,000. Individual property taxes range from $2800 to $5800 per household ($460,000 is the approx. annual total excluding commercial). If PUD rezoning is granted, a larger number of apartment buildings will be constructed containing more units, with less green space than allowed under present zoning. The rezoning would impact existing property values in a negative way. The original plan calls for a buffer of single family dwellings on the end of Millstone to soften the impact of the R-3 zoning on the north end of the property. This application for rezoning should be voted down, and the present R-1/R-3 zoning should remain intact. Respectfully Submitted, Daniel & Janice Smith 2569 Wheatland Dr. Dubuque, IA. 52002 December 13, 2009 Dear Mayor Buol and City Council Members, We are writing to you regarding the zoning request by Brian Kane and West Side Development Group, LLC to rezone land at the north end of Millstone Drive along the Northwest Arterial. You will be voting on this rezoning issue in the upcoming weeks. We would like to express our opposition to this rezoning from R-1/R-3 to P.U.D. We are asking you to keep the current zoning of this land at R-1/R-3. We believe the city could use more single homes for the future of IBM employees and the developer could use this land to create these homes instead of large apartment complexes. Eventually, these workers will want to settle down with their families and be part of a Dubuque single family neighborhood which could happen in this area if the zoning is left at R-1/R-3. We purchased the lot at 2498 Millstone in 2004, and built our home in 2006 for the quiet family neighborhood. We did not envision a major apartment development at the top of the hill. We intend to be in this home for many years, and we do not want to see the value of our home decrease. Also, we would like to address the issue of safety for the students of Resurrection School. We are not speaking for Resurrection, but as parishioners and parents of a former student of Resurrection, the proposed entrance to the apartments intersects with the back entrance of Resurrection's property, therefore making a perfect shortcut to get to Asbury Road by avoiding three stoplights. Parents of students and neighborhood children do not want their child's playground used as a shortcut which could well happen. We believe these developers can find other places to build this apartment complex in the city of Dubuque in non-residential areas as they are on Westmark Drive near Radford Road. This land, north of Millstone, was not originally intended or zoned for this use, and we would like to see it remain as R-1/R-3. We are asking you accept and agree with the Zoning Advisory Commission's ruling and deny this zoning change request. Thank you for your consideration. Sincerely, Terry & Jenny Batk 2498 Millstone Drive 557-9168 2'1 ~I ~!~ ~! ~3~J ~~~ ~~ ~~i \i~,.~ ~i Don and Shirley Foley 2489 Wheatland Dr. Dubuque, IA 52002 December 7, 2009 Roy D. Buol, Mayor 2640 Becker Ct Dubuque, IA 52001 Mayor Buol: This letter concerns the proposed rezoning of property located at the north end of Millstone Dr. (Lot 1 & 2 of Lot 36 of Harvest View Estates. Westside Devel..Y~~~ent LLC is proposing to rezone the property from R-1 Single Family Residential District and R-3 Moderate Density Multi-Family Residential District to PR Planned Residential District. We are retired and purchased our new home in the Harvest View Subdivision about six years ago and planned to reside here for many years. The subdivision was zoned for single family residential and has remained that way. We would not have chosen to live in this area if we had known a zoning issue of this magnitude were in the future. Rumors are the City of Dubuque has already decided to rezone the property to make way for high density (156 apartments) living right next door to our residential quiet residential subdivision that has home prices ranging from the mid $200,000 to approx $450,000 and paying very high property taxes. The proposed measure would put 156 apartments in a 7.8 acre area compared to 124 homes in a 40 plus acre area. Before making a decision please go out to the property in question and observe the layout of the properties. Several property owners located along the berm to the south would suffer greatly if the proposal were to pass. Home owners Steven and Jennifer Mai, 2592 Hilton Springs would directly affected because just 29 feet from their property line to the north would be a three story building, 120 feet long, 38 feet deep and more than 35 feet high. Merely looking at a Vicinity Map or Property Drawing does not give one a true picture of this rezoning attempt. Several home owners along the berm have the same concerns as the Mai Family because the proposal is for numerous buildings in the area. We are not against a developer building condos, townhouses in the area in question under present zoning parameters, but high density living structures is out of the question. Home owners in this subdivision would suffer reduced property values. I have spoken with a majority of the home owners in this subdivision and the feeling is such a move would greatly upset the subdivision in a variety of ways. One thing that really bothers me is, the property was zoned R-1/R-3 when Westside Development LLC purchased the property and they knew it, but now because they paid too much money for the property they feel they can rezone it to make a profit even though many home owners would lose. We know the City of Dubuque needs to create housing for people moving to Dubuque in the future, but please do not create hardships for people living here now. We implore you to thoroughly investigate this rezoning proposal and do the right thing. Put yourself in our places and refuse this proposal. We went to the Mai property yesterday and viewed the area and markers temporarily in place, and wondered how anyone could vote in favor of Westside Development LLC. Sincerely, ---~ .- -f ~~~~ Don Foley S ley F e 2489 Wheatland Dr. 2489 Wheatland Dubuque, IA 52002 Dubuque, IA 52002 December 17, 2009 ~~ c._. c ~~. ~ `-= ~ ~ ~~ Michael Van Milligen, City Manager ~T- G~ ' ~ ~_ City Hall ~ C~ ~ ~ ;`~! 50 W. 13~` Street ~ ~. `-`-' ~ Dubuque, IA 52001 m Dear Mike, The purpose of this letter is to express our objection to Westside Arterial Development, LLC's current proposal to secure rezoning of their property just to the north of Harvest View Estates. Our property, located at 2544 Hilton Springs Drive is identified as lot 15, fifth addition, Harvest View Estates. While it is not immediately adjacent to the property in question, we are just one lot removed, and within 130 feet of the property in question. Our main concern is with excess water runoff resulting from their proposed change of purpose. Westside Development's property elevation is higher than the adjacent properties, and their planned buildings will subject these properties to considerably more run-off from rainwater and snow melt than was originally planned for with it's current R-1/R-3 zoning designation. At the P&Z Commission hearing on Dec. 2"d Kyle Kritz stated that the infrastructure for handling storm water was already in place on the property, but such infrastructure was designed to handle entirely different lot configurations, landscaping, an street layouts. Because of the existing topography, surface water runoff from at least five of our neighbors whose properties do adjoin Westside Development's property flows through our properly and has caused extensive drainage problems in the past, at considerable expense on our part to address. (This can be attested to by city engineering staff). Our property just can't handle any additional water runoff. This could result in our house being flooded. We therefore respectfully request that o~ u abide by the P&Z Commission's recent action, and recommend that the Council deny Westside Arterial Development's petition for the rezoning of their props for the currently proposed development. Thank you for your time and your dedication to the betterment of our fair city. Sincerely, ~~~ ~ %~ Frederick M.(Mike) and Mary Sievers 2544 Hilton Springs Drive Dubuque, IA 52002