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Zoning 605 W Locust 2085 Foye Planning Services Department City Hall 50 West 13th Street Dubuque, Iowa 52001-4864 (563) 5894210 office (563) 5894221 fax (563) 690-6678 TDD plannlng~cityof dubaque.org July 14, 2003 The Honorable Mayor and City Council Members City of Dubuque City Hall - 50 W. 13th Street Dubuque IA 52001 RE: Rezoning Applicant: Christopher & Jennifer Spahn (reconsideration) Location: 605 W. Locust and 2085, 2085 1/2 Foye Street Description: To rezone property from C-1 Neighborhood Commercial Distdct and R- 2A Alternate Two-Family Residential District to C-2 Neighborhood Shopping Center 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. On June 4th, attorney Brian Kane, representing the applicants, spoke in favor of the request. Staff presented the staff report. Neighbors spoke in opposition, with concerns about traffic, access, noise, storm water runoff, proximity of a large building to residential property, and litter. The Zoning Advisory .Commission reviewed the request, and then asked the applicants if they would care to table the request, which would allow them time to meet with neighbors to resolve outstanding issues. The applicants declined due to timing on their option to purchase. The Commission's concerns were similar to the neighbors. The Commission voted 4 to 1 to deny. The applicants subsequently asked the Zoning Advisory Commission to reconsider at their July 2nd meeting. Staff sent public notices for this second hearing. On July 2nd, Attorney Brian Kane, representing the applicants, spoke in favor of the request. He indicated that the Spahns have met with surrounding neighbors of the project and have made changes based on those comments including restricting access to West Locust Street and utilizing residential construction materials. Service People Integrity Responsibility Innovation Teamwork The Honorable Mayor and City Council Members Rezoning Request for 605 W. Locust and 2085, 2085 % Foye St. July 14, 2003 Page 2 Staff reviewed surrounding zoning and land use as well as history of businesses on the parcel. Staff reviewed the differences between C-1 and C-2 zones. There were several public comments in opposition to the request, with concerns regarding increased levels of noise, traffic and storm water. A letter from the Valley View Neighborhood Association and a packet of information from Attorney Brian Kane were entered into the record. The Zoning Advisory Commission discussed the request, noting that the applicants had made a good faith effort to address the neighbors' concerns. Commissioners discussed the location of the commercial structure on the lot and the development density of the project. Commissioners stated they ware still concerned with the position and scale of the building relative to the west property line. Recommendation By a vote of 5 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 the recommendation for denial. A super-majority vote is needed for the City Council to approve the request. Respectfully submitted, Eugene Bird, Jr., Chairperson Zoning Advisory Commission Attachments cc: Jerelyn O'Connor, Neighborhood Development Specialist PLANNZNG APPLZCATTON FORlVl City of Dubuque Planning Services Department Dubuque, [A 52001.4864 Phone: 563-589-4210 Fax: 563-589-4221 [] Vadance F-iConditional Use Permit [-]Special Exception I-]Limited Setback Waiver E~oning F-iplanned District []Preliminary Plat []Minor Final Plat []Text Amendment r-]simple Site Plan [--IMinor Site Plan [] Major Site Plan [] Major Final Plat []Simple Subdivision []Annexation []Temporary Use Permit []Certificate of Economic Non-Viability I--iCerffficate of Appropriateness I--IOther: Please tvoe or orint legibly in ink Property owner(s): ~//~/5707~Y£,,~. ~- 0-~/d/d//~ ~-~/J///b/ Phone: Address: ~[~ t.~lZ~Ou~ ~,~ I ~Z~- City: /~ d~U~ U~ State:_~_~7_Zip:.~/ Fax Number: ~c.~-~'~--~; ~/~,z// ~bile/~llular Numar: ~) Appli~n~A~: ~/~ ~ ~/~/~ ~/~ P~ne: ~dr~s: ~/~ ~/~O~u~aO ~/~ G~: ~ S~te: ~Zip:~ =o.i.g: / zo.ieg: D- Legal Description (Sidwell parcel ID# or lot number/block number/subdivision): T~I pm~ (lot) a~ (~uam f~ or a~): ~cd~ pr~al and rein n~ (a~ a leEer of ~la~fion, if n~): CERTIFICATION: I/we, the undersigned, do hereby certify that: ~ information submitted herein is ~ae and correct to the best of my/our knowledge and upon submittal becomes public record; Fees are not refundable and payment does not guarantee approval; and All adoitional required written and graphic materials are at~ached. Applicant/Agent: Date: FOR OFFfCE USE ONlCf -~.PPL~C/¥TfON SUBN[1-rI'AL CHEC~ , I-]Site/sketch plan [] Concel~--u~l Der o~nt Plan []Photo ' ' I--lPlat ' []Improvement plans []Design review project description [--]FlOOr plan []Other: C-1 W LOCU,' Proposed Area to be Rezoned Applicant: Christopher & Jennifer Spahn Location: 605 W. Locust and 2085, 2085 1/2 Foye Street Description: To rezone property from C-1 Neighborhood Commercial DiStrict and R-~2.A Altemate Two-Family Residential District to C-2 Neighbor- hood Shopping Center District. Proposed Area to be Rezoned Brian J. Kane Gary K. Norby Les V. Reddick* D. Flint Drake** Brad J. Itey/ng Todd L. Stevenson* MaryBeth Pfeiler Fleming Kevin T. Deeny All admitted in Iowa *Also admitted in Illinois **Also admitted in Wisconsin KANE, NORBY & REDDICK, P.C. ATTORNEYS 2100 ASBURY ROAD, SUITE 2 DUBUQUE, IA 52001-3069 JUN - 4 2003 CITY OF DUBUQUE PLANNING SERVICES DEPARTMENT Of Counsel: Louis P. Pfeiler Phone: (563) 582-7980 Facsimile: (563) 582-5312 E-mail: bkane~mnenorbylaw.cora June 3, 2003 Mr. Eugene Bird, Jr. Mr. Ron Smith Mr. Richard Schiltz Mr. Jeff Stiles Ms. Martha Christ Mr. Stephen Hardie Mr. Ben Roush City of Dubuque Zoning Commission City Hall 50 West 13th Street Dubuque, IA 52001 RE: CHRISTOPHER M. SPAHN & JENNIFER E. SPgHN, HUSBAND AND WIFE, REZONING APPLICATION/C-1 TO C-2 Dear Mr. Chairperson and Members of the Zoning Commission: We are counsel for Mr. and Mrs. Spatm and are assisting them in connection with their recently filed request to re-zone property locally known as 2085 and 2085 ½ Foye Street and 605 West Locust Street in Dubuque fi:om its existing C-1 zoning to C-2 zoning. Mr. and Mrs. Spahn have entered into an Offer to Buy Real Estate and Acceptance with the present owner, Mr. Roger Ktmde, and have submitted their rezoning application because they beheve the parcel qualifies for a neighborhood shopping center. Mr. and Mm. Spahn intend to remove the existing rental residence fi:om the property and to construct a commercial building as depicted on Exhibit "A" attached hereto and by this reference made a part hereof. This commercial building would be a commercial rental property (i.e. neighborhood shopping center) which could allow a barber or a beauty shop, sub sandwich shop, insurance or accounting office, laundry, appliance store, shoe repair, photography, etc. The proposed site plan is attached hereto as Exhibit "B" which by this reference is made a part hereof and shows the location of the proposed 9,700 square foot building referred to in Exhibit "A" as well as the retained existing 2,000 square foot building at the comer of West Locust and Foye. In our view, this seems like an ideal project for C-2 zoning. As you know fi:om Section 3 - 3.1(A), the existing C-1 zoning normally is intended to provide for commercial activity and resident/al uses in older buildings in the City's established neighborhoods; any newly constructed KANE, NORBY & REDDICK, P.C. June 3, 2003 Page 2 commercial property, it appears, should "...be established under the C-2 district classification as neighborhood shopping center district." Section 3-3.2(A), in describing the general purpose and description of the C-2 neighborhood shopping center district, in pertinent part provides: The C-2 district is intended to provide small commercial centers serving small clusters ofneighborhoods. The C-2 district will be carefully ptaced to ensure that the size of the commercial center, the nature of uses permitted and the locational characteristics are such that the grouping of such uses will not adversely affect surrounding residences and do not detract from the residential purpose and character of the surrounding neighborhoods. The C-2 district shall be located in neighborhoods where parking and traffic can be adequately handled, and the square footage, hours of operation and intensity of uses are compatible with the neighborhoods. The proposed building to be constructed on the site is actually smaller than what would be allowable under existing ordinances. Further, the above-described uses fit within a neighborhood shopping center district. As you can see from the proposed site plan attached as Exhibit "B", there is appropriate ckculation of traffic and sufficient parking. Further, the site has been predominantly used as a commercial auto sales business for decades. In other words, we believe the applicants are actually making the site more compatible with the neighborhood by creating the neighborhood shopping center than the existing (or past) auto sales use was. Mr. and Mrs. Spahn have sent a letter to the neighbors explaluing their intent and will adhere to the C-2 neighborhood shopping center district purpose and description; it is in their interest to create a neighborhood shopping center which fits in w/th the neighborhood and provides valuable services to the people hying in the area. For these reasons, we respectfully request that you approve of the requested rezouing. Please do not hesitate to contact us directly should you have any questions. Thank you. Best regards, BJK:db Enclosure Copy To: Mr. Kyte Kritz Mr. Guy Hemenway KANE, NORBY & R, EDDJCt2, P.C. G:\WPDOCSkDONNABkDocs\City of Dubuque Zoning Commission LET re Spalm.wpd FROM THE SOUTHEAST K~q~TRIT REZONING STAFF REPORT Zoning Agenda: June 4, 2003 Property Address: Property Owner.' Applicant: 605 W. Locust Street and 2085 &2085 % Foye Street Christopher and Jennifer Spahn Christopher and Jennifer Spahn Proposed Land Use: Commercial Proposed Zoning: C-2 Existing Land Use: Commercial/vacant/residential Existing Zoning: C-I/R-2A Adjacent Land Use: North- Residential East- Residential South - Residential/Commercial West - Residential Adjacent Zoning: North - R-2A East - R-3 South - R-3/C-1 West- R-2A Former Zoning: 1934 - Multi-Family; 1975 - C-1/R-3; Total Area: 40,787 sq. ft. 1985 - C- I/R-2A Property History: The property was vacant until 1932, when a brick one-story commercial building was built at the southeast comer of the lot. The building served as a commercial building and after zoning was implemented in 1934, it became legally non-conforming. In 1950, the property was granted an extension of the non-conforming use to create an office and showroom for an auto sales dealership through the Zoning Board o{ Adjustment, A portion of the property served as an auto sales dealership until the present. There is an existing two-story duplex on the northeast comer of the property that was built in 1880. Currently, the residence is non-conforming in that it is located on the same lot as a commercial use. Physical Characteristics: The subject property is comprised of three lots bordered by Foye Street and West Locust Street. There is a large, relatively fiat area along the south portion of the lot that abuts both frontages. The northeast portion of the property is slightly sloped and accommodates the existing duplex. The northwest portion of the property slopes steeply to Clarke Drive, with approximately 80 feet of local relief. Concurrence with Comprehensive Plan: The Comprehensive Plan recommends providing opportunities for neighborhood commercial centers that assure compatibility with residential property. Impact of Request on: Utilities: Existing utilities are adequate to serve the site. REZONING STAFF REPORT Page 2 Traffic Patterns/Counts: The IDOT 1997 Annual Average Daily Traffic Counts indicate 8,100 vehicle trips per day on West Locust Street just east of its intersection with Foye Street, and 8,700 vehicle trips per day approximately % mile west of the subject property on West Locust Street at its intersection with Rosedale Avenue. Public Services: Existing public services are adequate to serve the site. Environment: Staff does not anticipate any adverse impact to the environment provided adequate erosion control and storm water control is provided dudng all phases of development. Adjacent Properties: The south half of the subject property has served as a commercial property for over 50 years. The commercial use at this location was primarily a legally non-conforming auto sales dealership with associated display and outdoor storage. The addition of a small commercial center on this portion of the property, while potentially generating additional activity and traffic, should have marginal impact on the adjacent residential properties. Any commercial development at this location must be screened and provide paved parking for clientele. The extension of the C-2 zone behind the subject duplex and the adjacent residence at 2105 Foye Street may impact the privacy, use and enjoyment of said properties. ClP Investments: None proposed. Staff Analysis: The applicant is proposing to rezone three lots that are currently zoned C-1 Neighborhood Commercial district and R-2AAlternate Two-Family Residential district to C-2 Neighborhood Shopping Center distdct to allow development of a small commercial center. There is an existing legally non-conforming duplex on the subject property. This duplex is non-conforming because it is located on the same lot as the auto sales dealership. If the rezoning were to be approved, the building would also become non-conforming in that a residential use is not permitted on the first floor of any structures in this district. Extension of the commercial zoning behind the subject duplex and the house directly north at 2105 Foye Street would have potential negative impacts on both residences. There is an existing access from Foye Street to the property approximately 100 feet north of the intersection with West Locust Street. The current access allows adequate sight visibility when leaving the subject property and adequate stacking space between the intersection of Foye and West Locust Streets. The subject property is primarily surrounded by residential uses. The existing automobile sales dealership is a legally non-conforming C-3 use and the uses permitted in a C-2 district may be more appropriate for a neighborhood setting. Also, any redevelopment of the site would require screening and paved parking, which should help mitigate some of the impacts of the commercial development. REZONING STAFF REPORT Page 3 The applicant stated that the duplex would be removed as part of redevelopment of the property. If approved, staff recommends that the rezoning district boundary line be confined to 240 feet from the south property line (see Exhibit 1) and that the duplex at 2085 and 2085 % Foye Street be removed prior to development of the commercial center. Staff recommends that Commissioners review Section 6-1.1 of the Zoning Ordinance that establishes criteria for rezoning requests. Prepared by: ._~~~ Reviewed: Prepared by: Laura Carstens, Ci~ Planner Address: 50 W. 13th Street Telephone: 563-589-,4210 ORDINANCE NO. 54-03 -03 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRI BED PROPERTY LOCATED AT 605 W. LOCUST AND 2085. 2085 ~ FOYE STREET FROM R-2A ALTERNATE TWO-FAMILY RESIDENTIAL DISTRICT AND C-1 NEIGHBORHOOD COMMERICAL DISTRICT TO C-2 NEIGHBORHOOD SHOPPING CENTER DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter-described property from R-2A Alternate Two-Family Residential District and C-1 Neighborhood Commercial District to (3-2 Neighborhood Shopping Center District to wit: Lot 1 of 6, Lot I of I of 7, south balance of Lot 2 of 7 and Lot 2 of 1 of 7 Ellen Blakes Subdivision and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed b the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This Ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 21st day of July, 2003. Terrance M. Duggan, Mayor June 2003. Attest: Jeanne F. Schneider, City Clerk t~[an~ng Services Department C~ty F~I1 50 West 13ffi Street Dubuque, Iowa 52001-4864 5~/~9~I0 office (563) 589~1 f~x (563~ 6~6678 ~D p~ci~ofdubnqne.org JUN ]9 2 3 CI'IY OF DUBUQUE PLANNING SERVICES DEPARTMENT NOTICE OF PUBLIC HEARING The Zoning Advisory Commission will hold a public hearing on proposed zoning changes and/or development plans in your neighborhood. The public hearing will be held: DATE: Wednesday, July 2, 2003 TIME: 6:30 p.m. PLACE: Auditorium, Carnegie Stout Public Library 360 W. 11th Street, Dubuque, Iowa At the public hearing, all interested parties may present oral and written comments for against the following proposal: APPLICANT: LOCATION: PROPOSAL: Christopher & Jennifer Spahn (reconsideration) 605 W. Locust and 2085. 2085 1/2 Foye Street To rezone property from C-1 Neighborhood Commercial District and R-2A Alternate Two-Family Residential District to C-2 Neighborhood Shopping Center District. . Additional information is available during regular business hours at: Planning Services, City Hall, Second Floor, 50 W. 13th Street. Dubuque, IA 52001, telephone (563) 589- 4210. Written comments may be sent to the Zoning Advisory Commission at this same address. - Brian $. Kane Gary K. Norby Le~ V. Reddiek* D, lqint Drake** Brad ~. Todd L. S~evenson* K~vin T. Deeny KANE, NORBY & REDDICK, P.C. ATTORNEYS 2100 ASBURY ROAD, SUITI5 2 DUBUQUE, IA 52001-3069 Of Counsel: Louis P. Pgeiler All admitted in Iowa *Also admitted in nlinois **Also admitted in Wisconsin Phone: (563) 582-7980 Facsimile: (563)582-5312 E-mail: bkane~kanenorbylaw.com June 27, 2003 Mr. Eugene Bird, Jr. Mr. Ron Smith Mr. Richard Schiltz Mr. Jeff Stiles Ms. Martha Christ Mr. Stephen Hardie Mr. Ben Roush City of Dubuque Zoning Commission City Halt 50 West 15th Strut Dubuque, IA 52001 RE: CHRISTOPlq~R M. SPAHN & JENNIFERE. SPAHN, HUSBAND AND VgIFE, REZONING APPLICATION/C-1 TO C-2 Dear Mr. Chairperson and Members of the Zoning Commission: As you know, we are counsel for Mr. and Mrs. Spahn and are assisting them in connection with their fried request to rezone property locally known as 2085 and 2085 ~ Foye Street and 605 West Locust Street in Dubuque from its existing C- I zon~g to C-2 zoning. As you may recall from your June 4, 2003 meeting, this matter was not then approved. By this letter, we request that a motion be made to reconsider the previous denial; we offer the following reasons for your consideration. Mr. and Mrs. Spahn were not aware of the Valley View Neighborhood Association's existence as of the last meeting, nor had they received many (only two) comments from neighbors priOr to your last meeting. We have the following additional comments for your consideration with regard to our request that you approve the rezoning of this property from its existing C-1 zoning to C-2 zoning, as follows: A meeting was held with the neighborhood association/neighbors on June 23, 2003. Enclosed please find a copy of the Minutes which were graciously provided to us by Mr. David Fisch, Secretary-Treasurer of Valley View Neighborhood Association. These Minutes summarize the discussion between the neighbors and Mr. and Mrs. KANE, NORBY & REDDICK, P.C. June 27, 2003 Page 2 Spahn; as well as Mr. At Urhain (who spoke on behalf of Mr. and Mrs, Spahn). Basically, the issues raised concern traffic, parking, water detention, building materials and set-backs. Mr. and Mrs. Spahn~ in response to the neighbors' concerns about traffic on Foye Street, have now revised their proposed site plan previously submitted to you and have deleted all accesses previously shown on Foye Street. They are willing to have all traffic enter and exit the site from West Locust Street as shown on the revised, proposed site plan (copy enclosed for your reference). Further, as we previously explained, there is sufficient parking shown on the former site plan as well as this proposed site plan, thereby making it more likely that those persons using this proposed, neighborhood shopping center will park on the site rather than 'anywhere in the neighborhood. Another concern raised at the prior 7.:oning meeting and with the neighbors was the building materials/set-back of the proposed new building. While moving the proposed building further to the east is probably not feasible (in part because it could reduce parking on the site), Mr. and M_rs. Spalm are proposing to use building materials cempatible with the neighborhood and are willing to plant natural screening (e.g. arborvitae) along the westerly boundary line of the property in addition to the plantings shown on the east of the boundary line of the property on the enclosed, proposed site plan. The project will comply with the City of Dubuque requirements concerning water run- off/detention and all other City of Dubuque requirements with regard to dumpsters, lighting, etc. Mr. and Mrs. Spahn have adapted their prior plan to the extent feasible based on input from the neighbors. Enclosed please find a copy of our June 10, 2003 letter to Mr. Paul Herberger, former president of the neighborhood association, as well as our e-mail dated June 27, 2003 to Mr. David T. Fisclh Secretary-Treasurer of the neighborhood association. These communications, along with the Minutes of the June 23, 2003 meeting, are enclosed to show you the sensitivity of Mr. and Mrs. Spahn to the needs of the neighborhood. As you know, Section 3-3.2(A), in describing the general purpose and description of the C-2 neighborhood shopping center district, in pertinent part provides: The C-2 District is intended to provide small commercial centers serving small clusters of neighborhoods. The C-2 District wilt be carefully placed to ensure that the size of the commercial center, the nature of uses permitted and the locational charaeteristios are such that the grouping of such uses will not adversely affect surronnding rosidences and do not detract from the residential purpose and character of the surrounding neighborhoods. The C-2 District shall be located in neighborhoods where parking and traffic can be adequately handled, and the square footage, hours of operation and intensity of uses are compatible with the neighborhoods. The proposed new building on this site is actually smaller than what would be allowable under existing ordinances. All uses in the C-2 District for a neighborhood shopping center are compatible with the neighborhood and, as stated above, parking KANE, NORBY & REDDICK, P.C. Sune 27, 2003 Page 3 and traffic, as well as water detention, all will be handled consistent with, and in compliance with, all applicable zoning and other ordinances of the City of Dubuque. Frankly, we believe the applicants have improved their plan to make it more compatible with the neighborhood, by creating a neighborhood shopping center, than the existing (or past) auto sales use was/is. Mr. and Mrs. Spahn intend to manage their OWll development and have indicated to the neighbors that they will be accessible and committed to the spirit of the C-2 zoning, as well as complying with the legal requirements thereunder. We request that you reconsider your prior denial, and that you approve of the requested rezoning reclassification from C-1 to C-2. Thank you for your consideration. Best regards, KANE, NORBY & REDDICK, P.C. BJK:dka Enclosure Copy To: Mr. David T. Fisch Mr. and Mrs. Christopher M. Spalm Mr. A1 Urbain Mr. Kyle Kritz Cc.\WPD 0 CSkDONNAB~OCS~ity of Dulmque Zoning Comae/ss/on LET re S~ahn2.w~ Brian .L Kane Gary Ii. Norby Les V. Reddick* D. Flint Drake** Brad J. Heying Todd L. Stevenson* MatyBeth Pfeiler Flera/ng Kevin T, Deeny All admitted in Iowa *Also adm/tted in Ill/nois **Also admitted in Wisconsin KANE, NORBY & REDDICK, P.C. ATTORNBYS 2100 ASBURY ROAD, SUITE 2 DUBUQUE, IA 52001-3069 ~une I0, 2003 Of Counsel: Louis P. Pfeiler Phone: (563) 582-7980 Facsimile: (563)582-5312 E-rmil: bkauet~raaenorbylaw, com Mr. Paul Herburger President of Neighborhood Association 490 Almond Street Dubuque, IA 52001 RE: CHRISTOPlt'~.R M. & JENNIFER E. SPAFINfREZONING APPLICATION - 2085 AND 2085 ½ FOYE STREET AND 605 WEST LOCUST STREET - C-1 TO C-2 Dear Mr: Herburger. As we indicated after the public hearing at the Zoning Advisory Commission on June 4, 2003, we are contacting you to attempt to arrange a mutually convenient time to meet with you and others of the Neighborhood Association or who are just neighbors in connection with the above ma~er. For your reference, enclosed please find a copy of the Planning Application Form submitted by Mr. Spalm on May 5, 2003 as well as a copy of our letter to the Zoning Advisory Commission ~members dated June 3, 2003. Mr. and Mrs. Spatm have contacted their contractor and designer and are discussing the matters raised during the public hearing by you, the other neighbors who spoke and the Zoning Advisory Commission members. Matters being reviewed at this time include setback (i.e. location. of the new building relative to the property boundary lines), traffic (especially with regard to Foye Street, among other tbln~) and related matters. After you receive this letter, please give us a call at the above number so that we can try to schedule a mutually convenient time and place to at least have a discussion concerning the above matters. Even if all of the matters raised at the Zoning Commission hearing do not necessarily relate just to "ZOning," our clients desire to have an informal exchange with those neighbors who desire to be present to express themselves to see if there is some common ground prior to the next Zoning Advisory Commission meeting. The matter is going to be on the agenda for the next Zoning Advisory Commission meeting on July 2, 2003 at 6:30 P.M. and thereafter will go to the City Council. The matter, as we understand it, will not be on the City Council agenda for June 16, 2003. KANE, NORBY & REDDICI(~ P.C. June 10, 2003 Page 2 We look forward to hearing fi'om you. In the meantime, please do not hesitate to contact us directly should you have any questions. Thank 3~u. BYK:db Enclosures Copy To: Mr. and Mrs. Christopher M. Spahn Mr. Eugene Bird, Jr. Mr. Kyle Kritz Best regards, KAN'E, NOR.BY & REDDICK, P.C. By Brian Kane FFom= To: Sene Subject: David~ "Bdan Kane" <bkane~kanenorbylaw.com> "David T Fisch" <drdelete~juno. com> Friday, June 27, 2003 7:04 AM Re: Neighborhood meeting minutes Thanks for arranging the meeting; we hope it was helpful to your association's members. We'll be writing the zoning advisory comm. members about the rezaning and will share your minutes and provide you with a copy of the letter and the revised conceptual drawing, probably by tomorrow. Please call with questions. Thanks. Brian Kmae .... Original Message --- From: "David T Fisch" <_drdelete@juno.com> To: <~>; <bedandlua (~aol.com>; <'lmanders~ao[.com>; <j qconnor~ci!yofdubuque.org>; <bkane .~k. ~an~ ~no~rb3tlaw. c_om> Sent: Thursday, June 26, 2003 8:02 PM Subject: Neighborhood meeting minutes > Here is the neighborhood minutes form June 23, 2003 > I hope I got everything, ifI missed anything let me know... > David 06/27/2003 June 23, 2003 MINUTES The meeting came to order and was opened by David Fisch at 7:05 p.m. There were 33 people in attendance. David Fisch talked to the membership about the car lot on the corner of West Locust St. and Foye St., this property is up for sale. Christopher and Jennifer Spahn are the potential buyers of this property. David mentioned some of the things that could be placed on this lot if it is changed to a C-2. Such as: Utility substation, Residential (above the first floor), School of private instruction, General offices, Personal services, Barber/beauty shop, gas station, Retail sales/service, Laundry/dry cleaner, Shoe repair, Automated gas station, Indoor restaurant, Tailoring/alterations, Furniture/home furnishings, Appliance sales/services, Catalog center, Laundromat, Furniture upholstery/repair, Artist studio, Photographic studio, Neighborhood shopping center, and a Dental/medical lab. Along with this lot changing to a C-2 the green duplex on the land would have to be removed. This new building would hold about fOur (4) shops, but depending on the shops needs and space it could house up to eight (8) to ten (10) shops. David introduced the Spahn's and their attorney Brian Kane to the membership and then turned the speaking over to Brain Kane. Mr. Kane addressed some of the concems that he heard from the last zoning meeting. Such as; Water drainage Parking Traffic (West Locust, Foye, Almond, and the allay between Almond and West Locust.) Lighting The positioning of the new building. Water drainage would have to be put in to the City's specifications. Parking: This lot would have enough parking in the lot to house the needs of the shops plus a few extra spots. Traffic: The contractor came up with three (3) plans: Plan 1). One (1) ddveway on West Locust, two (2) on Foye St. Plan 2). One (1) on West Locust, and one (1) on Foye. Foye being "exit only" Plan 3). One (1) ortwo (2) driveways on West Locust St and no drive ways on Foye St. (The membership liked plan 3, because the feeling was if there were no driveways on Foye then there would be no increased traffic on Ellis, Almond, and the allay behind Almond and West Locust. We also think Foye street is too narrow of a street for this kind of traffic.) Lighting: All lights will be directed towards the parking lot so there should be no problem with the lights shining into neighbo¢s windows. Lindsay Engling asked the Spahn's how would these shops get their deliveries, and would they go through Ellis, Almond, or the allay behind Almond and West Locust St.? Answer, it would depend on the delivery driver. However, Alan Urben talked to us about the curb cuts on Foye (this is in with the Traffic ~plan 1-3'7 If there are no curb cuts (driveways) on Foye St. them would be no need for deliveries going through any street but Locust. If we don't put any driveways on Foye St. that will give us even more parking spaces in the lot. A copy of the plans for the new building, parking lot and curb cuts were shown to everyone. The positioning of the new building: The membership asked Alan Urben if the building could be placed on the North side of the parking lot apposed to the West side. The answer was this would turn the .building into a square building apposed to a rectangle building andit would also take up more parking spaces if it were on the North side. This would not be considered at this time. But this building would be made with materials to frt into the look of 1he neighborhood siding, bdck, etc. A concemed neighbor asked if they could take out the existing building on the lot, that the car lot used as an office. The reason for this question was it's to close to the corner of the street, making it difficult to see on coming traffic, and if you put up this new building the old one will look out of place! In response to this Alan Urben said this building would stay where it is but would be updated to frt in. Mr. Spahn said, "Maybe we could put up a comer window in that building to help see on coming traffic". Where would the dumpsters be placed? That would depend on the city and their codes. A neighbor asked if the Spahn's could put a couple of trash cans in the front of the building for trash like West Locust Mart has to help keep trash in it's place. Mr. Spahn said, ~That shouldn't be a problem." When would the delivery truck come to the shops to replenish their stock? That would depend on the shops, however this is a neighborhood shop so it shouldn't be too early in the morning or to late at night. Again this would depend on the shops that go in. Mr. Kane reminded everyone.the next Zoning Advisory Commission meeting will be on July 2, 2003 at 7:00 p.m. David Fisch thanked the Spahn's, Mr. Kane, and Alan Urben for coming and talking to us about their plans for the car lot. David Fisch made a motion at 8:10 p.m. to end this meeting all were in favor motion approved. Next Membership meeting will be on Aug. 12, 2003. Meeting was adjourned at 8:10 p.m. Respectfully submitted, David Fisch, Secretary/Treasurer. VALLEY VIEW NEIGHBORHOOD ASSOCIATION ALLE~J & U~Al~i p'j LUK~:=TICiH STATE OF IOWA DUBUQUE COUNTY {SS: CERTIFICATION OF PUBLICATION Street ~ Street Neighborhood Commercla~- Disti%t and R-2A Aite?nate Two~~afillly Reeidentli/I Di~trlpt to C-2 N6i~hbotbood Sl~oppl,~ C~hter DJstrlct A~ reqtie~(~ ed~ 'by 'Ohi'isto~her '-:and Jenrtlf&r 8pahn. (Cdpy of supporting documents are on file In tfie City Clerk'a Office and may be ¥~ewed during nbrm~l vJorklng hours.) )r¸ Said tirlle of public reClassificatioN Any Visual or-hearing Impaired persons need ng special essistarlce ,or per- sons with sp~pial accessi- bility,needs sh~)uld contact the City Clerk's Office at {5 ~563 589-4120 or TDD 1563J 690,6678 at least 48 hobrs prior to the meeting. /s/Jeanne F. Schneider CMC, City Clerk It 6/7 I, Sherri A. Yutzy, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: June 7, 2003, amd for which the charge is $13.26. Subscribed to before m~. a Notary Public in m~d for Dubuflue County, Iowa, this ~2.~_~ day o~ ~ .//~.~.~ ,20~.~ . ' ' ~q;~y m~blic &dZDub~q~ ~Zty, Iowa.