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Zoning 419 N Grandview ChurchPlam~g Services DeparLment City Hall 50 West 13th Street Dubuque, Iowa 520014864 (563) 5894210 office (563) 589-4221 fax (563) 690-6678 TDD plmming@cityof dubuque.or g October 10, 2003 The Honorable Mayorand City Council Membem City of Dubuque City Hall-50W. 13th Street Dubuque IA 52001 RE: Rezoning cv Applicant: Grandview Avenue United Methodist Church/Ambrose & LaVerne Klein/ Shane Klaas/Robert & Naoko Crippes/Richard Hartig Location: 419 & 485 N. Grandview/1755 Bennett Street/1730 Grace Street Description: To rezone property from R-1 Single-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 Richard Hartig spoke in favor of the request, reviewing the history of commercial uses in the area, a proposed layout of the proposed Hartig Drug Store, and access to and from the site. Melvin Miller, representing Grandview Avenue United Methodist Church, described the efforts of the church members to find buyers for the church property. Staff reviewed surrounding zoning and land use, existing traffic counts and allowed uses in the C-2 zoning district. There were public comments both for and against the proposed rezoning: Those opposed believed C-2 zoning would adversely impact the neighborhood because of traffic, noise and lighting. Those in support felt that the existing church property could not be adaptively reused, that a drug store would benefit the neighborhood, and that C-2 zoning was consistent with surrounding zoning. The Zoning Advisory Commission discussed the request, noting that the decision before the Commission was not whether the church should be demolished, but rather, is C-2 appropriate in this location. The Commission discussed the compatibility of C-2 zoning and the potential impacts to the adjacent residential property. Service People integrity Responsibility Innovation Teamwork The Honorable Mayor and City Council Members October 9, 2003 Page 2 Recommendation By a vote of 4 to 2, the Zoning Advisory Commission recommends that the City Council approve the request. The percentage of written opposition to the requested rezoning is 52.6% of property owned within 200 feet. A super majority vote is needed for the City Council to approve the request. Respectfully submitted, Zoning ,Advisory Commission Attachments cc' Jerelyn O'Connor, Neighborhood Development Specialist MEMORANDUM October 7, 2003 TO: FROM: Michael Van Milligen, City Manager Jeanne Schneider, City Clerk Barry Lindahl, Corporation Counsel Laura Carstens, Planning Services Manage~ SUBJECT: Percentage of Opposition for Rezoning at 419 and 485 N. Grandview, 1755 Bennett Street and 1730 Grace Street. Planning Services staff has reviewed petitions of property owners in opposition to the rezoning request for property at 419 and 485 N. Grandview Avenue, 1755 Bennett Street and 1730 Grace Street. The request is to rezone these properties from R-1 Single-Family Residential zoning district to C-2 Neighborhood Commercial Shopping Center district. This request was approved by the Zoning Advisory Commission at their October 1, 2003, meeting. The property in opposition equals 52.6% of all adjacent property within 200 feet of the rezoning. Therefore, it will require a super-majority of the City Council to approve the rezoning request. This memo is provided for your information. 419 N Grandview Rezoning Property in Opposition Indicates Property in Opposition Opposition = 52.6% ~u~ !O 03 09:58a Plannin~ 319-589-~221 p.5 C_.rb/of Dubuque Planning Service~ Department Dubuque, ~ 52001-4864 Phone: 563-589-4210 Fax; 563-589-422i PLANNING APPLICATION FORM [] Variance FqConditJonai Use Permit []App~a~ [~Spedal Exception I-TIJmJted Setback Waiver ~Rezoning [~Planned District F]PreJiminaw Plat t-~Ninor Rnal Met F~Text Amendment []Simple Site Plan f--]Minor Site Plan [] Major Site Plan [] Major Final Plat I-]Siml~e Subdivision F'JAnnexaQon I-'~Temp~rary Use Permit J--ICertit~cate of Economic NomV~ab~lity J--JCerttl~cate of Appropriateness r-lOther: Please tv~e or arfnt te~iblv in ink Address: State:~1-'''~ Zip: . ExisUng zoning; ~- { Pro~ zoning: Legal DescdjZdon (Sidwe[I parcel ID# or lot number/btcck number/subd)vision): - Total pn~perly (1o1:) area (square feet or acres): ~, O ge ~ ~.Fe 7{~e ~' Describe proposal and reason necessary (attad~ a letter of explanation, if needed): CERTIFICATION: I/we, the undemigned, do hereby certify that: :L. The information submitted herein is true and correct to the best of my/our knowledge and upon submittal becomes public record;. 2. Fees are not refundable and payment does not guarantee approval; and 3. Ali additiona~and gra ph~ched. F-lSite/sketd~ plan [] Conceptual Development Plan []Photo - j~l~t []Improvement plans l--]Design review project description I--~Floor plan i--]Other: R~g 20 03 09:58m 919-589-4221 p.5 Qty of Dubuque Planning Services Department Dubuque, ZA 52001-486:~ Phone: 563-589-4210 Fax: 563-589-422! PLANNZNG APPLtCAT:~ON FORM [] Variance F'qCondidonai Use Permit J~App~aJ [~]Spedal Exception ~Umit~ S~k Waiver ~Rezoning F-1Ptanned District F3Preliminaw Plat []Minor Rnal Rat FiText Amendment Please tYI;~ or print legibly in ink [~Simple Site Plan ,r-lMinor Site Plan [] Major Site Plan [] Major Final Plat []Simple Subdivision [~Annexation {~Tempor~ry Use Pen'nit r-lcertlficate of E~nomlc Non-~ab~li~ ~ifi~te af Appropriaten~ ~h~: , Phone: Fax Numar: (~. 5~ ~-~ ~bile/~llular Num~: {~E_~ ~?/] -d '7~ ] Exis~ng zoning: ~- ~ Pro~ zoning: C- ~ Hi~o~c DIsN~: ~o ~m~rk: ~v ~CtJN pro~aJ and fearn n~saW (a~ a le~ of expiation, if n~): CERTIFICATION: I/we, the undersigned, do hereby certify that: I. The inferma~on submitted h~rein is ~ and correct to the best of my/our knc~edge and upon submittal becomes public record; 2. Fees are not refundable and payment do~s not guarantee approval; and 3. Ail additional required wdtten and graphic materials am attached. FOR OFF~CE USE ONLY - APPLTCATION SUBI~I'I'TAL CHECKLIST Pee: Received by; Date: Docket: J-q$ite/sketd~ plan [] Conceptual Development Plan []Photo J--]Plat [--1[mprovement plans E~Design review project description [-]Flc~j' plan ~u'---~ ~0 03 OS:~Sa Plannin~ 319-58S-~221 ~ of Dubuque Planning Servioe~ Deparb'ne~ Dubuque, LA S2001-z~64 Phone: 563-589-4210 Fax; 563-589-4221 PLANNING APPLICATION FORM [] Variance F-]Conditional Use Permit F]Appeal F-~Sp~ial Exce~ion []Umited S~k Waiver []P. ezoning F-tPlanned District I'] Preliminary Plat ~-tMinor Final Plat F]Text Amendment []Simple Site Plan F-IMinor Site Plan [] Major Site Plan [] Major F~nal Plat []Simple SubdMsion []Annexadon F-iTemporaw U~ Permit I--]CerU~te of Economic Non-~abili~ F]O~rUflcate of Appropriateness F]Other: Please tvme or ~)rint legibly in ink Propertyowner(s): /'~¢~¢Y'/- ~0/ /1~¢,1~'o C)'£f)p/$ Phone: A r s:/73¢ ¢r e¢ Fl' o~: ~~ s~te:~~ ~p~¢~ FaxNum~r: (SL- ~) ~g~-7~¢ ~bile/~llularNum~r: ~d-3) Exis~ng zoning: ~- [' Pro~ ~ning: ~- ~ HiAodc Dls~: ~¢ ~mark: ~cri~ pro~al and ~n n~saw (a~¢ a le~er of expla~Uon, if n~): CERTIFICATION: I/we, the unde~igned, do hereby certify that: 1. %ne information submitted herein is true and correct to the best of my/our knowledge and upon submit'~l I:~:ornes public record} 2. Fees are not refundable and payment does not guarantee approval; and 3. All additional required wdtten and graphic materials are attached. FOR OFFI:CE USE ONLY - APpL1'CJk'J'ZON SUBM:rl'TAL CHECKLI:ST Fee: Reo~ved by: Date: Docket: ['-]S)te/sketch plan [] Conceptual Development Plan []Photo F-tPtat []improveme?t plans [']Design review project description []Floor plan ~Other: Ru~ 20 03 05:58a Pla~nin~ 319-589-~221 p.5 Qty of Dubuque Planning Ser'cice~ Department Dubuque, ~A 52001-4864 Phone: 563-589-4210 Fax; 563-$89-422~. PLANNt'NG APPLICATION FORM [] Variance ~-~Condit~onal Use Permit [Z]Special Exce~dan l-~Umited Setback Waiver []Rezoning J-3 Planned District C~Preliminar7 Plat C3Minor Final Mat [-]Text Amendment F'ISimple Site Plan ~--}Minor Site Plan [] Major Site Plan [] Major Final Prat [~]Simp~e Subdivision []Temp~rar,/U~ Permit []Certificate of Economic Non-Viability ('-1Certificate of Appropriateness ('-iOther: Please tvme or mrin~: legibly in ink Fax Num~r: ~O ~) ~ - 7~ App[i~n~Agent: G ~ ~ ~ C Fax Num~r:G~' A) A ~B - 7b 8G Mobile/%llular Numar. [ qb3.) ~g-- 8 ~ } Exis~ng zoning: ~- / Pro~ ~ning: C'~ Hi~o'c Ois~: ~0 U~mark: ~ L~al ~d~on (Sidweil ~D~ or lot num~r/~k num~rJsu~ivision): ~ ~ ~// ~ ~ 2 To~I p~ (lot) area (square f~t or ac~): ~' 7~ ~ ~ ~c ~cri~ pro.al and rein n~sa~ (a~ a le~er of expla~don, if n~): CERTIF~CA'~ION: I/we, the undemigned, do hereby certify that: 1. The informa~on submitted herein is true and c~rrea: to the best of my/our knowledge and upon submittal becomes public record; 2. Fees are not refundable and payment does not guarantee approval; and 3, All additional required wdtten and graphic materials am at~ach~d. Applicant/Agent: .~./~-t~. '~~ ~"Op-... Date: ~/~,/~-F~'.) FOR OFF/CE USE ONLY - APPLICATION SUBMITTAL CHEOKLIb-T Fee.: Received by; Date: D~cket: ~']Site/sketd~ plan [] Conceptual Development Plan i-'~Photo [-'lPlat []Improvement plans [~]Design review project descdption (Floor plan []-lOt'her: 55.66 81.9 .......................... :' . " '45.83 44.17 LO " -14.17. 103 CD ~ co m o ~ 5 -024 0 0 0 -- 119.6 ~'4' 0 0 0 0 - o ~ co ~ ) X 3~°26 0 0 0 0 ,44.5 52.5 44.17 ,, Y2 -028 Supplemental Information - Grandview Avenue Methodist Church Rezoning Application October, 2003 Table of Contents A. Zoning Request and Applications B. Case Statement, Reason for Request, and Proposal DescripUon C. Site Map and Project Plan View D. Approvals of Adjacent Neighbors E. Supporting Documents Zoning Request The applicants, Grandview Avenue United Methodist Church, Ambrose and LaVerne Klein, Shane Klaas, and Robert and Naoko Crippes are seeking an expansion of an existing C-2 (commercial) zone from an R-l(residential) zone. The applicants and their respective properties are: Grandview Avenue Methodist Church, 419 North Grandview Avenue Ambrose and LaVerne Klein, ~85 North Grandview Avenue Shane Klaas, 1755 Bennett Street Robert and Naoko Crippes, 1730 Grace Street The total underlying land, which is the subject of this application, is comprised of 1.16 acres, or approximately 50,498 square feet. Copies of the applications are on the pages immediately following. Qb/of Dubuque Planning ~er~ice~ Depad:rnant Dubuque, ~, Phor~: 563-589-~210 Fax: 563-$89-~221 PLANNING APPLICATZON FORM [] Variance []C~ndi~anal Usa Permit r-lAppeal F-iUmited Setback Waiv~ ~;~ Rezoning t--IP!anned District FiPraliminary Plat I'-~Minor Rnal Rat [~]Text Amendment []simple Site Plan F-tHinor Site Plan [] Major Site P1an [] Najor Final Plat i--]Simple Subdivision E]Ann~xnQen []Temporary Use Permit F1Certific~te of Economic Non-Viability [-lCertificate af Appropria~ene~ Please Woe or urint leaiblv in Ink Appli~n~Agen~ G ~ ~ ~ C Fax Num~r:(~&' ~? F ~ - 7~" aq P re party Owner(s):/X' .~-~. ' Appli A CERT[F~CA'DON: [/we, the undemigned, do hereby ceCdfy that: 1, The information submitted herein is true and correct to the best, of my/our knowledge and upgn submittal bec~me~ public record; F~s are not refundable and payment do~ not guarantee approval; and Ail addi~onal required written and graphic materials ara attached. FOR OFFJ:CE USE ONLY - APPLICATION SUBM/'TTAL CHECK~ Fee_: Re=eived by: F-t$ite/sket~ plan [] C~nceptual Development Plan ~_jlmprovement plans J-]Design review project desadption Date: Docket: F-1Phot~ K-]Plat [~]Floor plan I--JObber: Ru~ 20 03 OS:SSa Plannin~ 318-588-~221 p.S Qty of Dubuque Planning Servi~ Department Dubuque, ZA 5200i-4864 Phone: 563-589-4210 Fax: 563-589-~22i PLANNING APPLICATION FORM [] Variance F-ICondidonaJ Usa Permit FiSpedal ~xception ~Umit~ 5~k Waiver []Rezoning [-1Planned District f-JPreJiminary Plat []Minor Final Rat FJText Amendment F-~Simpfe Site Plan F-~Hinor Site Plan [] Hajor 5ira Plan [] Hajor Final Plat FIS[mCe Subdivision r~Annexa~on []Temporary Use Permit I-qCertificate af Economic NomViabiliW F'iC. ertificate of Apl2ropdatene~s Please W~e or orint le~:iblv in Ink Fax Number:. ~', ] ' ~,~ ~ ~-a d'//' ~/ Nobile/Cellular Number: FaxNumber:b .~'~h,t~ a.,t a ~U~. Hobiie/CellularNumber:,.~'~t/,~'~ Exis~ng zoning: ~- [ Proposed zoning: C- 2_ Historic Distrid:: - Landmark: C~RTIFICA'i-!ON: I/we, the unc~rsigned, do hereby ca. fy that: 1, The information submitted herein is true and correct to the best of my/our knov~edge and dpon submittal becomes public re~ord; 2. Fees are not refundable and payment does not guarant~ approval; and 3. All additional ,~u,ired wdtten and graphic materials are attained. x · ' - t F; FOR O]:FICE USE i~NLY -APPLICATION SlJBNzl Fee: Received by: ~-~Site/sketch plan [] Q2ncep~ual Development Plan J-'lImprovement plans i-!Design review p~ect des~Nption Date: . Docket: FgPhoto ~Plat l'-lFtoor plan E]Other: 20 03 09:58a Planning 319-589-~221 p.5 C.~b/of Dubuque Planning Servic~ gep~rtment Dubuque, IA 52001-~86~ Plea)ne: 563-589-4210 Fax: 563-589~221 PLANNING APPLICATION FORM [] Variance J--JCondJ~onaJ Use Permit: J--iAppeal J-)Special Exception F-)Umited Setback Waiver J~ Re. zoning F'qP)anned District f-JPreJiminary Plat []Minor Final Rat I')Text Amendment FlSimple Site Plan l-lMinor Site Plan F) Major Site Plan [] Major Rna[ Plat []SimCe Subdivision J"JAnnex~t~on r'lTemocrary Um Permit L--JC. ertlli~te of Economic Non-Viabilib/ []Certificate of AppropMateness []Other: ~isUngzoning: ~-[ Pro~zcning: ~-~HimoficDisM~: ~. ~mark: L~al ~on~idweJ) m~) IDa.or lot numar/bilk n~m~r/su~ivis)on): /~ -.~ ~ ~ ~1 ~ ~ ~ ~ To~i pm~ (lot) area (squa~ f~t or a~): ~ 7 J ~ ~ ~'~ .~ ~ ~; ~cri~ pm~al and r~n n~saW (a~ a leper of expi~Uon, if n~)~ C~RT~F!CATION: t/we, the undemigrted, do hereby cer~f-y that: Tl~e information submitted herein is tree and c~rrect to l~e best of my/our knowledge and upon submittal hermes public r~cord; 2. F~es are not refundable and payment does not guarantee approval; and 3. All additional r~uir~ wdtten and graphic materials am attached. Property Owner(.s): "~"/'~ '/~ _ ,.,~'~'"~,~ . .,-. ,- ~/'~ ,'/-~ Date: AppljAa hr/Agent. ]-,'~~ Date: FOR. OFFICE USE ONLY -APPLICATION SglBNt~l iAL CHEDKI TST Fee_: Received by: Date: Docket: ~__j$ite/sketch plan [] Canceptuai Development Plan []Phot~ I-]Plat [-']Improvement plans []Design review project descdption []Fl(or plan []Other: ~u"-~ ~0 03 OS:SSa Plannin~ 31~-588-4821 PLANNING APPLZCAT'~ON FORM [] Varfanca []Condi~onal Use Permit I-'q App,-,.~l I-ispedal Exce~ion r-~Limite'J Setback WaiYer [~L~lR~zoning E~Planned Distric1: [] Preliminary Plat []Minor Rnal Rat [--~Text Amendment F-ISimpie Site Plan []]Minor Site Plan [] Major Site Plan [] Major Final Plat F-l$impte Subdivision []Annexation []Temporary Use Permit F-iCertlff~te of Economic Non-Viability I'~C~r~i§cate of Apptapriatenes~ l-lother:, Please t;v~e or or~nt te~iblv in ink Exis~ng zoning: ~- ~ P~ ~ning: L~at ~on (Sidwell ~! ~D~ oc lot npm~r/bl~k num~[/su~ivisian)' " / / ~cd~ pro~81 and rea~n n~s8~ (a~ a ie~er of expiation, if n~): ~RT~CA'r'JON: I/we, the undar~_igned, do hereby ced'dry that: 1. The information submitted herein is tru~ and o~rrect to the ~ of my/our knowledge and upon submittal be~srne~ public r~rd; 2. F~as are not refundable and payment does not guarentea approval; end 3, All additional required written and graphic materials are attad'~d. FOR OFP'~CE U~£ ONLY- ApPLTCA"rZON SUBM:iTTAL F-~' Received by: Date: Docket: C]site/sketd~ plan [] Conceptual Development Plan [--IPhot~ C]Plat ['-]Improverne,nt plans F-~Design review pro~ect de_scriptJon F-~Floor plan F-lOther: _--: :: Case Statement, Reason for Request` and Proposal Description Backqround Grandview Avenue United Methodist Church was erected on the majority of the land covered by this rezoning request in 1928. Having outgrown their space and needing a larger facility with more efficient operating costs, the church constructed and moved to a new fadlity in ]une, 2003 at 3342 ]ohn Wesley Drive near Dubuque's Northwest Arterial and ,1FK Road. The vacated church at 419 North Grandview has been listed for sale for more than two years. All area churches were contacted to learn if any existing organization would have an interest in purchasing the 419 North Grandview facility. No bona fide offer has been received by the church that would not require rezoning. The church, like so many located in R-1 districts throughout the cib/, while committed to preserving it's heritage and facilities for purposes of worship, has requested this rezoning in order to sell the facility and pay down debt on its new facility. Proiect Scope Hartig Drug Stores of Dubuque, a 100-year-olc~ locally owned firm employing over 300 people in the tri state area, is proposing to construct a 10,800 square foot pharmacy on the site. Throughout Dubuque's history, a pharmacy has been located at or near the corner of Delhi and Grandview, including such names as Potterveld's, Grandview Walgreen Agency, Palmer Drug and currently, Hartig's on Delhi. In 2002, the average 10,000 square foot pharmacy in the U.S. employed 27 people and in Iowa, paid $151,000 in taxes. Typically, pharmaceuticals account for 64% of store sales. The church property at 419 North Grandview is currently tax-exempt. Rezoning will result in an increase to Dubuque's property tax base. The new store will feature an expanded pharmacy with a drive through, a one-hour photo lab, a Hallmark card and gift boutique, convenience food items, traditional drug store merchandise, an expanded book department, and an indoor/outdoor pedestrian friendly patio featuring a soda fountain and coffee bar located in the front of the store facing Grandview Avenue. The building will be constructed of native limestone and brick, accented by copper roofs and multi-pane windows. The store entrance will face the corner of Grandview and Bennett, and the drive through will be located on the north side of the building, with the assumption that cars will exit on either Bennett or Grace. The new store will improve the existing land use conditions by recessing the building away from both Bennett and Grandview while significantly reducing building height. (C-2 requirement is a 10 ft. setback from both Grandview and Bennett and a 40 ft. maximum building height.) All perimeters will be screened with trees and shrubs, utilizing as many existing mature trees as possible, and exterior lighting will consist of cut-off luminaires (down lighting). A new alley with curb and gutter will be relocated and reconstructed 44 feet to the West, said relocation having been reviewed by the City of Dubuque Engineering Dept. and approved by the affected property owners adjacent to the relocated alley. Relocation is subject to the approval of the City Council. Traffic considerations have been identified and addressed and will be · managed through 4 points of ingress and egress on Grandview, Bennett, the alley southbound from Grace, and the alley northbound from Bennett. l~lost recent City traffic data cites a traffic count of 16,100 (1997) cars per day between 3rd and Bennett. Traffic counts included both directions of travel over a 24-hour pedod. This count, factored up by 2% per year would equate to a 2003 car count of 18,131 per day. The existing pharmacy at 1333 Delhi is a 6027 square foot facility and generates 250 tdps per day. Increased trips with the new facility, based on the planned size of 10,800 square feet would generate 446 trips per day, an increase of 196 trips. New trips generated by the new store represent a 1% increase in daily traffic counts, considered negligible. Store operating times are 8AM to 9PM weekdays and 9AM-5PM weekends. : The anticipated relocation of Finley Hartig Homecare from 2882 University to 1333 Delhi Street will reduce the number of tdps on Delhi from the existing 250 per day to 40 per day. Storm water control will be coordinated with the City of Dubuque Engineering Department as a function of the site plan review process. Overall impervious surface will be reduced as a result of this project. Hartig Drug Company currently operates pharmacies adjacent to residential zones at 2nd and Locust, 22nd and Central, Asbury Square, 1333 Delhi in Dubuque, and on Mormon Trek Road in ~[owa City with a record of being a good neighbor, and absent "nuisance" complaints. The recently completed Walgreen's is also located adjacent to a residential district. Site Map and Project Plan View A. City Lot Parcels - Area To Be Rezoned Highlighted in Yellow B. City Lot Parcels - New Alley (included and moved 4z~ feet to West) C. Building Footprint on New Site - With New Alley; Building footprint is 21.~t% of the total lot. (10,800 SF Building/50?,98 SF Lot) D. Building elevations (Draft #1) from East - Looking across Grandview from funeral home parking lot E. Building elevations (Draft #1) from South - Looking across Bennett Street 00~ % II II 0 0 0 9'611 ~'~0- ~ X i 0 0 0 0 -- 0 0 0 0 LO CO ~j ZI't~ ,, Zl't~, 6'18 99'9g £9 Z Z I'~ -I I I I Johnson HA~TI~ J I 08/25/2003 ~0~ 08:$$ FAT S63559~205 ~GtN~AtNG ~001/001 J Approvals of Adjacent Neighbors The City has reviewed the relocation and reconstruction of the alley ~,4 feet immediately to the West of its existing location, provided the adjacent homeowners are in agreement with this relocation, and subject to the approval of the City Council. The affected homeowners are Mr. and Mrs..lohn Dean, 1765 Bennett Street and Mr. and Mrs. Harvey Duve, 17't0 Grace Street. Their written approvals are attached. August 30, 2003 Dubuque Zoning Board Dubuque City Council Dubuque, Iowa Re: Rezoning of the Grandview Church Property Dear Zoning Board and City Council, We live at 1740 Grace, Dubuque, Iowa. We approve Grandview Avenue United Methodist Church's proposal to rezone the Grandview Church property from R-1 to C-2. We also approve the reconfiguring and reconstruction of the alley west of the Grandview Church property by the removal of the structures at 1755 Bennett and 1730 Grace Street, Dubuque, Iowa so that the alley could be relocated next to our property. We expect Gmndview Church will work with the City of Dubuque Engineering department to properly construct the alley and develop the church property. Sincerely yours, August 30, 2003 Dubuque Zoning Board Dubuque City Council Dubuque, Iowa Re: Rezoning of the Grandview Church Property Dear Zoning Board and City Council, We live at 1765 Bennett, Dubuque, Iowa. We approve Grandview Avenue United Methodist Church's proposal to rezone the Grandview Church property from R-1 to C-2. We also approve the reconfiguring and reconstruction of the alley west of the Grandview Church property by the removal of the structures at 1755 Bennett and 1730 Grace Street, Dubuque, Iowa so that the alley could be relocated next to our property. We expect Grandview Church will work with the City of Dubuque Engineering depm tment to properly construct the alley and develop the church property. Sincerely yours~, Supporting Documents The following pages contain letters of support from area neighbors and businesses. Neighbors within 200 feet were initially contacted and invited to a neighborhood meeting at the church in 3une 2003 to discuss the project. In September 2003 neighbors were again contacted in person or by letter and invited to review the revised plans for the site and address any concerns they had with Mr, Hartig, September 15, 2003 Attention Zoning Commission City of Dubuque Planning Services Department city Hall Dubuque, IA 52001 Dear Commissioners: As chair of the Steering Committee of Grand View United Methodist Church, I want the commissioners to know that the congregation supports the rezoning of our property at 419 N. Grandview Avenue from its current stares as residential to commercial. We are convinced that the development of a Hartig Drag Store will be a positive for the neighborhood and we feel confident ~hat Dick Hartig will be a good steward of the land. After spending over two and a half years attempting to interest another church congregation in the property, we are convinced there is no such buyer available and therefore, feel that selling our property for commercial development is in the best interest of both the neighborhood and the citizens of Dubuque. Dick Hartig has a reputation of building quality buildings that are "neighborhood friendly." We would ask that you approve the rezoning request. Sincerely, Mel Miller Chair of Steering Grand View United Methodist Church IvlM/lab DUBUQUE BANK& TRUST MEMBER HEARTLAND FINANCIAL USA, INC. 1398 CENTRAL AVENUE · P.O. BOX 775 · DUBUQUE, IA 52004-8778 PHONE(563)589-2000 · TOLLFREE(EO0)397-2tI~ · FAX (563)589-2011 September 15, 2003 City of Dubuque Planning Services Department ATTN: Zoning Commission City Hall Dubuque, IA 52001 Dear Commissioners: We support the rezoning of property at 419 and 485 North Grandview and at 1755 Bennett and 1730 Grace Streets from residential to commercial to allow for the development of a Hartig Drag Store. We own property at Grandview and Delhi Streets and believe this rezoning is in the best interest of both the neighborhood and the citizens of Dubuque. We ask that yon approve this request. ,.. ~S~cerely, ~ and CE[J°hn K. Schmidt O Funeral Homes ~c Cremation Service September 15, 2003 Charles L, Egelhof 1915 - 2002 E. Gene Siegert Edmund R. Siegert J. Robert Casper Thomas G. Siegert Leon A. Jensen Jason J. Schamacher Pre-arrangement Counselor Maggie Lunge City of Dubuque Planning Services Department ATTN: Zoning Commission City Hall Dubuque, Iowa 52001 Dear Commissioners: I support the rezoning of property at 419 and 485 North Grandview and at 1755 Bennett and 1730 Grace Streets from residenUal to commercial to allow for the development of a Hartig Drug Store. We own. property at 390 North Grandview and believe this rezoning is in the best interest of both the neighborhood and the citizens of Dubuque. We ask that you approve this request. Thomas G. Siegert Funeral Director Siegert Didesch Colonial Funeral Home Westview 2659 Kennedy Road Dubuque, Iowa 52002 (563) 556-0776 FAX (563) 556-0756 www. egelhofsiegertcasper, com Siegert-Didesch Colonial 390 N. G-randview Avenue Dubuque, Iowa 52001 (563) 582-7005 September 15, 2003 City of Dubuque Planning Services Department ATTN: Zoning Commission City Hall Dubuque, Iowa 52001 Dear Commissioners: I support the re~oning of property at 419 and 485 North Grandview and at 1755 Bennett and 1730 Grace Streets from residential to comm~cial to allow for the development of a Hartig Drug Store. ! own ~operty at 495 North Grandvlew and believe this rezoning is in the best interest of both the neighborhood and the dtizens of Dubuque. I ask that you approve this request, Si nceT. . ,y , Building Owner Allstate Insurance September 12, 2003 City of Dubuque Planning Services Department Attn: Zoning Commission City Hall Dubuque, IA 52001 Dear Commissioners, I support the rezoning of the property at 419 and 485 North Grandview as well as 1755 Bennett and 1730 Grace streets from residential to commercial to allow for the development of a Hartig Drug Store. I own property at 1720/1722 and 1732 Delhi and 505 North Grandview. I believe this rezoning is in the best interest of both the neighborhood and the c'~izens of Dubuque. Sincerely, Mary Kaye Hagar President Hagar Enterprises, Inc. 1656_~ 12J~SUc I:'or~st: Trail Pubu~lu~, IA 5200t-965~ 56.~-582-6015 '-~' ,::; '~ ~ dba Fashion Touch Cleaners 3 Obadiah Drive Galena, IL 61036-9624 Ph. (8i5) 777-6610 Fax: (815) 777-6640 September 11, 2003 City of Dubuque Planning Services Department Attn: Zoning Commission City Hall Dubuque, IA 52001 Dear Commissioners, I support the rezoning of the property at 419 and 485 North Grandview as well as 1755 Bennett and 1730 Grace streets from residential to commemial to allow for the development of a HarlJg Drug Store. We have been in business at 505 North Grandview for over 33 years and hold a long-term lease at that location. I believe this rezoning is in the best interest of both the neighborhood and the citizens of Dubuque. Sincerely, Michael J. H'agar President Goliath, Inc. dba Fashion Touch Cleaners ; 7~uque, IA 52001 .<~: L~ ~,Sax (319) 588-4042 505 N. Grandview Dubuque, IA 52001 Ph. (3t9) 556-3641 Fax (319) 557-6265 66 West 3410 Pennsylvzaia Dubuque, 1A,52002 Ph. (319) 556-5601 Fax (319) 556-5601 KLAUER OPTICAL September 15, 2003 City Of Dubuque Planning Services Department Attention: Zoning Co-,m~sion HaU Dubuque, Iowa 52001 Dear Commissioners, We are writing in support of the rezoning of the property at 419 and 485 North Grandview, and at 1730 Grace and 1755'Bennett Streets, from residential to co~erciaL It is our understanding that this w~l allow for the development ofa Hartig Drug Store. We own the property at 1705 Delhi Street. We believe the rezoning is in the best interest of the neighborhood, and the City of Dubuque. We ask that you approve the request. Sincerely, Donald L. Klauer Jefl~el//D. Klafier Pr&i t Klah~er Optical Co. 1705 DELHI · P.O. BOX 629 · DUBUQUE, IA 52001 ° 319- 587-1010 o FAX 319-556-2527 THE FINLEY HOSPITAL IOWA HEALTH 350 N. G~vlEw AVENUE DUBUQUE, IOWA 52001 563-582-1881 or 1-800-582-1891 www.finleyhospital.org September 15, 2003 City of Dubuque Zoning Commission Plann'mg Services Deparlm~nt City Hall Dubuque, IA 52001 Dear Commissioners: I support the rezoning of property at 419 and 485 North Grandview and at 1755 Bennett and 1730 Grace Streets f~om residential to commercial to allow for the development ora Hartig Drug Store. We own property at 350 North Grandview and believe this rezoning is in the best interest of both the neighborhood and the citizens of Dubuque. We ask that you approve this request. Sincerely, President and CEO Telephone Call SUDDortina Rezonina Wednesday, September 17~ 2003; 11:18 A.M. "Mr. Hartig, I just wanted to tell you I'm all in favor of you getting the Grandview Church section, and you would have my vote and approval and I think it's a dirty shame that someone blocked it for you before. My name is Carl Hocking and thank you for notifying me and good luck." REZONING STAFF REPORT Zoning Agenda: October 1, 2003 Property Address: Property Owner: Applicant: 419 N. Grandview Avenue (et. al.) Grandview Avenue United Methodist Church (et.al.) James H. Bradley (et. at.) Proposed Land Use: Commercial Proposed Zoning: C-2 Existing Land Use: Church/Residential Existing Zoning: R-1 Adjacent Land Use: North - Residential/Commercial East - Office/Mortuary South - Residential West - Residential Adjacent Zoning: North - R-2/C-2 East - ID/OS/OR South - R-1 West - R-1 Former Zoning: 1934 - Single-Family 1975 - R-2 1985 - R-1 Total Area: Approx. 53,000 s.f. Property History: Grandview Avenue Methodist Church was erected at this site in 1928. At the time the church was built, it was surrounded by primarily single-family residential development with a commercial node at Grand~iew Avenue and Delhi Street. The property remained a church until the present time when Grandview Avenue United Methodist Church built a new building on Kennedy Road near the Soccer Complex The residential development across Grandview Avenue from the subject property has slowly evolved into a mortuary, medical offices and parking for the Finley Hospital Institutional district. The surrounding residential development has remained generally unchanged. Physical Characteristics: The church building is approximately 8,200 square feet in area and is positioned at the southeast corner of a 31,200 square foot level lot. There is an existing parking lot on the north half of the property and along the alley behind the church and classroom buildings. The property is located between Bennett Street and Grace Street along Grand~iew Avenue. In addition to the chumh propertythere are three residential lots ~thin the zoning request area. One residence has frontage along Grandview Avenue and is adjacent to the C-2 district to the north that is occupied bya small office. The two ether residences are located west across the alley from the church property, one that fronts Bennett Street and one that fonts Grace Street. The total area requested to be remned is approximately 53,000 square feet. The original rezoning request was 31,000 square feet. Grandview Avenue is two-lane and separated by a median with parking on both sides at this location. There is an alley at the rear of the propertythat provides access to the parking lot and residential garages. The property is bordered on three sides bysingle-famiiy residences. There is a small office on the north side ofthe subject propertyand it is across Grandview Avenue from a funeral home, medical offices and associated parking. Concurrence with Comprehensive Plan: The Comprehensive Ptan makes no recommendations for this area. Rezoning Staff Report - 419 N. Grandview Avenue Page 2 Impact of Request on: Utilities: E~Jsting utilities are adequate to serve the site. Traffic Patterns/Counts: The IDOT 1997 Annual Average Daily Traffic Counts indicate 16,100 vehicle trips per day along Grandview Avenue directly south of the subject property, and 7,400 vehicle trips per day along Grandview Avenue at its intersection with University Avenue. Public Services: Ex~sting public services are adequate to serve the site. Environment: Staff does not anticipate any adverse impact to the environment as the site is currently fully developed. Redevelopment of the site would require adequate erosion control and storm water controt and conveyance during all phases of development. Adjacent Properties: The subject property is directly adjacent to nine single-family residences and is bordered on three sides bya residential neighborhood. Redevelopment of this site for commercial purposes may serve to increase the amount of noise and activity within the neighborhood. The additional traffic may also utilize an existin[t alley and side streets, which would funnel through the residential neighborhood. ClP Investments: None proposed. Staff Analysis: The applicant is proposing to purchase the Grand~iew Avenue Methodist Church and associated parking on a 31,000 square foot lot and develop a pharmacy with a drive through. In addition to the church propertythe applicant and adjacent property owners are asking to rezone three adjacent residential lots, two of which will serve as parking and relocated alley access for the proposed pharmacy. The Zoning Board of Adjustment must approve a Conditional Use Permit for a drive through in a C-2 district. The subject property is bordered on three sides bynine single-family residences on R-1 and R-2 zoned property. It is across Grandview Avenue from office and institutional zoning, with a mortuary, medical clinic, and parking for Finley Hospital. There is a small office to the north of a portion of the subject property on a C-2 zoned lot at the corner of Grace Street and Grandview Avenue. Redevelopment of this site for those uses permitted in a C-2 Distdct mayincrease the amount of noise, activity, lighting and demand on parking for this area. Currently, the site is accessed from a curb cut along Grandview Avenue and from an alley that runs north and south behind the property and connects Grace and Bennett Streets. Preliminaryplans indicate shifting a portion of the alley to the ~,~st directly along the property line of the adjacent residence at 1765 Bennett Street. This will shift traffic access for the proposed business further into the residential neighborhood. Staff recommends that the Commission re~iew Section 6-1.1 of the zoning Ordinance that establishes the criteda for granting a rezoning. Prepared by: Laura Carstens, City Planner Address: 50 W. 13th Street Telephone: 563-589-4210 ORDINANCENO. -03 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 419 NORTH GRANDVIEW AVENUE FROM R-1 SINGLE-FAMILY RESIDENTIAL 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 reclassitying the hereinafter-described property from R-1 Single-Family Residential District to C-2 Neighborhood Shopping Center District to wit: Lot 1 of Lot 1, Lot 2 of Lot 1, Lot 2, Lot 3, Lot 4, Lot 6 and Lot 17 Hodges Subdivision, and to the centedine of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This Ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this day of 2003. Attest: Terrance M. Duggan, Mayor Jeanne F. Schneider, City clerk Prepared by: Laura Carstens, City Planner Address: 50 W. 13th Street Telephone: 563-589-4210 ORDINANCE NO. -03 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 419 AND 485 NORTH GRANDVIEW AVENUE, 1755 BENNETT STREET AND 1730 GRACE STREET FROM R-1 SINGLE- FAMILY RESIDENTIAL 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-1 Single -Family Residential District to C-2 Neighborhood Shopping Center District to wit: Lot 1 of Lot 1, Lot 2 of Lot 1, Lot 2, Lot 3, Lot 4, Lot 6 and Lot 17 Hodges 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 by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This Ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 20th day of October, 2003 . errance M. Dugga ayor Attest: Jeanne F. Schneider, City Clerk NORTH THE CITY OF ~ Vicinity Map Applicant: Grandview Avenue United Methodist Church/Ambrose & LaVern Klein/ Shane Klaas/Robert & Naoko Crippes Location: 419 & 485 N. Gmndview/ -t-7-85 Bennett Street/1730 Grace Street Description: To rezone property from R-1 Single-Family Residential District to C-2 Neighborhood Shopping Center District. Proposed Area to be Rezoned D'A'O'I'g PRUDENT!AL-?RIEDMEM TEL:$65+$857609 August 30, 2003 Dubuque Zoning Board Dubuque City Council Dubuque., Io~a Re: Rezoning of the Grandview Church Property Dear Zo~ '~ Board and City Council, We live at 1740 Grace, Dubuque, Iowa. We approve Grandview Avenue United Methodist Church's proposal to rezone the G-~andview Church property from R-1 to C-2. We also approve the reconfiguring and reconstruction of the alley west of the Grandvicw Church property by thc removal of the sht~turcs at 1755 Bennett and 1730 Grace Stn~t, Dubuque, Iowa so that the alley could be r~located next to our property. We expect Grandview Church will work with the City of Dubuque En~neering department to properly cor~i~ uct the alley and develop tlm church property. Sincerelyyours, AUg. -28' 95fTHU) ~$:06 PRUDENTIAL-FR]EDMEM TEL:$65+$$S7609 P. 002 August 30, 2003 Dubuque Zoning Board Dubuque City Counoil Dubuque, Iowa Re: Rezonlng of the Grandview Church Prop~y Dear Zoning Board and City CountdL We live at 1765 Bennett, Dubuque, Iowa. We approve Gnmdview Avenu~ United Methodist Church's proposal to rezonethe GrandvimvChumhproperty fromR-1 to C-2, We also approve thc reconfiguring and reconstru~on of the alley wcst of the Grandview Churah property by the removal of thc struetu~s at 1755 Bermett and 1730 Grace Smut, Dubuque, Iowa so that the alley could be roloeated next to our property. We expect Grandview Church will work with the City of Dubuque Engineering department to properly construct the alley and develop the church property. Sincerely yours, S~ptember 15, 2003 .... ~'~NING SERV!CES DEPART~ENT City of Dubuque Planning Services Department A ~ I N: Zoning Commission City Hall Dubuque, Iowa 52001 Dear Commissioners: We support the rezoning of property at 419 and 485 North Grandview and at 1755 Bennett and 1730 Grace Streets from residential to commercial to aglow for the development of a Hartig Drug Store. We own property at / ~ ~ z/f and believe this rezoning is in the best interest of both the neighborhood and the citizens of Dubuque. We ask that you approve this request. Sincerely, Mr. Guy Hemway Zoning Commission 50 West 13th Street Dubuque, Iowa 52001 Dear Mr. Hemway, 2003 L~NI ~ _Pl. NNING SERVICES For your information, I have attached to this letter copy of a letter sent by the Dubuque Montessori Board of Directors to the CJrandview Avenue United Methodist Church Board of Directors regarding our interest in purchasing their property located at 419 North Grandview. President, Dubuque Montessod School September 3, 2003 Mr. Mel Miller Chair, Steering Committee Grandview Avenue United Methodist Church 3342 John Wesley Drive Dubuque, Iowa 52002 Dear Mr. Miller: I am writing this letter to keep you and your Board updated on our intentions and efforts to purchase your property, We are still actively pursuing financing to do so, and are hopeful that we will succeed. Based on your last counteroffer to us, we are aware of your wish to obtain an offer with no contingencies. In an earnest effort to reach a mutual agreement with you, we continue to seek funding, grants, and loans. It is our sincerest desire to purchase your property for use as our preschool. Should we obtain adequate financ'mg, another offer fi.om us will be forthcoming. Thank you for keeping us in mind during your negotiations to sell your property. Your consideration is appreciated. Cordially, Ted Link, President, Dubuque Montessori School cc: Tom Turner, Chair of Trustees August Beth Gilbreath Dubuque Montessori School Inc. 2605 Pennsylvania Avenue Dubuque, IA 52001 Dear Ms. Gilbreath: As Chair of Grand View Methodist Steering Committee, I have been appointed to communicate with you and your Board. At our last meeting it was decided that I should notify you of our disappointment in the way your organization objected to the sale of the building to Richard Hartig. We know you have an interest in the b~lding, but felt that you and your agent performed a major disservice to us by indicating your interest to the zoning commissioners without presenting an offer. We cannot take that chance again and therefore th/s communication. We will assume that unless we receive a valid offer by September 16, 2003, you are no longer interested in the property. In fact, we will not entertain an offer from your organization after that date. If you chose to make an offer prior to September 16th, please communicate directly with Jim Bradley, our agent. Cordially, Steering Committee Grand View United Methodist Church To: Zoning Advisory Commission Planning Services Department City Hall 50 West 13th Street Dubuque, la. 52001-4864 Honorable Members of the Zoning Advisory Commission: OCT 1 2003 CI'IY OF DUBUQUE PLANNING SERVICES DEPARTMENT We, the undersigned owners of properties affected by the proposed rezoning of 419 & 485 North Grandview Avenue and 1755 Bennett and 1730 Grace St. hereby ask that the request to rezone the properties from R-1 Single-Family Residential District to C-2 Neighborhood Shopping Center District be denied. We wish our neighborhood to remain a residential neighborhood with no businesses in it. While there are businesses nearby, they do not have a direct impact on the residential nature of our part of North Grandview Ave., Grace and Bennett Streets. The homes in the affected area date from the early part of the twentieth century. We have worked hard to maintain and improve our homes so that our property values would be stable or dsc. We feel the introduction of business activity will decrease our property values. We feel that although the proposal under consideration is more detailed than the proposal presented to Rezoning Commission on July 2 it is also a more invasive. It adds three more properties into the request for commercial zoning that are now R-1. This is an assault on a residential neighborhood. As stated by commission members at the July 2 meeting a real estate problem is not solved by rezoning, We believe the request to rezone is first and foremost a request to settle a real estate problem. The movement of commercial zoning into a long established R-1 neighborhood is not social responsible. We are still concerned about the following issues, We feet that one of the major impacts to our neighborhood would be automobile traffic and noise. The current neighborhood has two congested intersection the "five points intersection" of Grace and Delhi Streets with Grandview Ave. and the West Third St.and Grandview Avenue intersection. We feel the addition of a commercial property on Grandview Avenue would put additional pressure on both intersections. We also believe that automobile traffic would start to use Bennett and Grace Streets to access or exit the property. These are both narrow streets which permit parking on one side only. It would be difficult for these streets to handle this load. In the proposed design Bennett and Grace Streets have the majority of access/exits. We also believe that truck traffic makir~j deliveries to the sight would be detrimental to this neighborhood. We are also concerned that the development of a commercial property and the lighting that would be used for a business and parking lot would effect residential properties which border the site on three sides and the proposed hours of operation would put a great deal of light pollution into the neighborhood. Residents in the 1800 Block of Bennet have been dealing with water run off problems since the last builc~ng expansion on the current church property. Grandview Avenue has mn known for its beauty, character and homes. The city has invested a great deal into maintaining this character. It is an important entry way into the city It is a street that is primarily residential in nature. It draws many walkers, joggem, and cyclists. Gmndvlew church adds to that character of a residential neighborhood. The commercial development of Grandvlew needs to stop at its current terminus with the property at the corner of Grace and Grandview. We oppose the rezoning of 419 North Grandview Ave. Respectfully, Name Address Petition Name Address Petition Name Address /? Petition Name Address t~ Petition Name Address ~o ~ _/7fl Name Petition Address Name Petition Address /£~ ~J-~'~ >4- Petition 3f~7~ Petition Name Address Name Petition Address Petition Name Address Petition Name Address To: Zoning Advisory Commission Planning Services Department City Hall 50 West 13th Street Dubuque, la. 52001-4864 Honorable Members of the Zoning Advisory Commission: We, the undersigned owners of properties affected by the proposed rezoning of 419 & 485 North Grandview Avenue and 1755 Bennett and 1730 Grace St, hereby ask that the request to rezone the properties fror8 R-1 Single-Family Residential District to C-2 Neighborhood Shopping Center District be denied. We wish our. neighborhood to remain a residential neighborhood with no businesses in it. While there are businesses nearby, they do not have a direct impact on the residential nature of our part of North Grandview Ave., Grace and Bennett Streets. The homes in the affected area date from the early part of the twentieth century. We have worked hard to maintain and improve our homes so that our property values would be stable or rise. We feel the introduction of business actMty will decrease our property values. We feel that although the proposal under consideration is more detailed than the proposal presented to Rezoning Commission on July 2. It is also a more invasive proposal into a residential neighborhood than the original proposal with the addition of three more properties. As stated by commission members at the July 2 meeting a real estate problem is not solved by rezoning. We believe the request to rezone is first and foremost a request to settle a real estate problem. The movement of commercial zoning into a long established R-1 neighborhood is not social responsible. We are still concerned about the following issues. We feel that one of the major impacts to our neighborhood would be automobile traffic and noise. The current neighborhood has two congested intersection the 'Vive points intersection" of Grace and Delhi Streets with Grandview Ave. and the West Third St. and Grandview Avenue intersection. We feel the addition of a commercial property on Grandview Avenue would put additional pressure on both intersections. We also believe that automobile traffic would start to use Bennett and Grace Streets to access or exit the property. These are both narrow streets which permit parking on one side only. It would be difficult for these streets to handle this Icad. We are also concerned that the development of a commercial property and the lighting that would be used for a business and parking lot would effect residential properties which boarder the site on three sides Gr~ndview Avenue has been known for its beauty, character and homes_ The city has invested a great deal into maintaining this character. It is an imporbant entry way into the city It is a street that is primadty residential in nature. It draws many walkers, joggers, and cyclists. Grandview church adds to that character of a residential neighborhood. The commercial development of Grandview needs to stop at its current terminus with the ' property at the corner of Grace and Grandview. We oppose the rezoning of 419 North Grandview Ave. Respectfully, Petition Name Address Name Petition Address Name Petition Address Name Petition Address Name Petition Address Petition Name Address Petition Name ~/~ Petition Name Address Petition Name Address Petition Name Address Petition Name Address Petition To: Zoning Advisory Commission and The Duquque City Council We the undersigned are opposed to the prososed rezoning of the property 419 & 485 N. Grandview/1755 Bennet St./1730 Grace St, from R-1 single Family Residential to C-2 Neighborhood Shopping Center District. Name Address Petition To: Zoning Advisory Commission and The Duquque City Council We the undersigned are opposed to the prososed rezoning of the property 419 & 485 N. Grandview/1755 Bennet St./1730 Grace St, from R-1 single Family Residential to C-2 Neighborhood Shopping Center District. Name Address _ / . Petition To: Zoning Advisory Commission and The Duquque City Council We the undersigned are opposed to the prososed rezoning of the property 419 & 485 N. Grandview/1755 Bennet St./1730 Grace St, from R-1 single Family Residential to C-2 Neighborhood Shopping Center District. Name Address PetitiO To: Zoning Advisory Commission and The Duquque City Council We the undersigned are opposed to the prososed rezoning of the property 419 & 485 N. Grandview/1755 Bennet St./1730 Grace St, from R-1 single Family Residential to (3-2 Neighborhood Shopping Center District. Name Address .233 ~u,~J~ Petition To: Zoning Advisory Commission and The Duquque City Council We the undersigned are opposed to the prososed rezoning of the property 419 & 485 N. Grandview/1755 Bennet St./1730 Grace St, from R-1 single Family Residential to C-2 Neighborhood Shopping Center District. Name Address To: Zoning Advisory Board From: Stephen F. Hardie I~I.hNNING SERVICES DEPARTMENT Dat~: 9/30/03 Re: October 1, 2003 Meeting: Grandview Avenue Methodist Charch Public Hearing I regret that I will be unable to participate in oar regularly scheduled meeting. I continue to be very committed to my role as a commissioner, md I am very highly committed to my children, two of whom I will be visiting at their respective colleges this week. It is unusual for me to communicate to you about an agenda item prior to any meeting, but I felt it ~cessury in this instance since I think this potential rezoning would have such a deleterious impact ~ ~ character of a long-established and highly-revared residential neighborhood. Any commercia! zoning;here would be inappropriate. ? is, of come, what to do with the empty church if this applicant's proposal fails. as some have sttggested, be abandoned and end up a blight on the landscape? While it is tempting to try to solve other's problems and engineer solution for all concerned, I believe to do so is fi'aught with peril. Certainly, Grand-view to maximize their economic gain by selling to Hartig . wonder, though, if they would have suggested or supported a similar commercial church was still their hume. The issue is whether to maintain the residential character of the area or to succumb to the pressures of expanding commercial activity into a beautiful, historically-significant living community. I know that you will each consider your vote carefully. I did have the opporttmity to discuss the applicant's proposal with Mr. Dick Hartig who was very forthcoming in explaining the details of his development and was very amiable in his presentation. I, in mm, presented my objections to his plan (including the latest re-design). We agreed to disagree. During our conversation we explored yet another alternative to this strictly commercial development proposal. We wondered if it was possible to incorporate both commercial and residential in the same development. The building would have to be re-designed to accommodate residences on the second level and to make it more compalible to a residential design. Much work would have to be done to blend the architecture of the building with the neighborhood and to mitigate the affect of the car parking. Both the City and the developer would be challenged creatively to arrive at a solution to the parking problem that would encourage and accommodate this mixed-use development. This is something the commission has discussed many limes and this project may provide an opporamity to put those dreams into action. Perhaps the applicants would be amenable to re-evaluating their proposal in light of this possibility. This is a very important issue f0~' our eemm]mity. I wish you well in your deliberations. To who~ It NI~ October 9, 2003 Dubuque City Council Dubu.q. ue City Hall 50 13~ St Dubuque, Ia 52001 Attn: Mayor Terry Duggan Subject: Grandview United Methodist Church, 4 t9 N. Grandview Ave, meeting, October 20, 2003 Dear Mayor Duggan, As a member for 57 years, leaving an "old fiSend" at 419 N. Grandview Ave, for a new church at 3342 John Wesley Drive, has not been easy. This is the 4t~ time this has happened in the church's histo~. Our charch's need to grow and change parallels that of the C'rty of Dubuque in its Riverffont,. Industrial and other developments. Without change to meet the challenges of the present and furore we will stagnate and "wither on the vine". Our two and a halfyenr effort to sell the existing church to other denominations as a church has not been succe&s~. Also to others who may have showed some interest in converting the building for other uses. Because of its limitations as to its market, space, handicap access, parking, etc we have concluded that we must consider other options. Hartig Drag Co., a ve~ respected, successful and progressive company in Dubuque, has made an offer to purchase the church site and build a new Drug store at this location. This offer is contingent upon rezoning the property from Residential to Commercial. His architectural plans show a pleasant and wise use of space that fits in well with its other business and residential neighbors. We s'mcereiy believe that rezoning of this prope~ is to the best interest to all concerned. For the City it makes the best use of the property and increases the tax base. For our church it alleviates the need to provide utilities, insurance and upkeep to a vacated building, with its attendant problems, and will enable use of the sale money to reduce the debt burden on our new church. For the area it brings a new, up to date, convenient, drug store to the neighborhood. Mr Duggan, it is for the above reasons that I respectfully ask that you support the rezoning of this property from Residential to Commercial on October 20 th. S~cerely, Robert P. Bowers 1733 Palm Ct Dubuque, Ia 52001 Chairman. Grand View UMC Architect Committee Simply be~ter banking? 895 Main Street P.O. Box 938 Dubuque, Iowa 52004-0938 563.589.0824 Fax 589.0860 nsch rup@americantrust.com www. americantrust, com Nicholas J, Schrup President and Chief Executive Officer October 15, 2003 Dubuque City Council Dubuque City Hall 50 West Thirteenth Street Dubuque, IA 52001 Re: Rezoning Request by Richard Hartig, Hartig Drug Company, for Grandview Methodist Church Property on Grandview Avenue Dear Council Members: It is my pleasure to write on behalf of Hartig Drug Company's rezoning request for the above referenced property. Our experience with Mr. Hartig and his company is long and very extensive. He has demonstrated excellent stewardship to all of his stores, their neighborhoods, and the community as a whole. We believe he will continue with the same commitment to the Grandview neighborhood, as well. We firmly support the Hartig request for rezoning and believe it will be an asset for the area, as well as our community. sab October el, 2003 City of Dubuque City Council ATTN: Councilpersons city i all Dubuque, Iowa 52001 Dear Council Member: I support the rezoning of the property at 419 and 485 North Grandview and at 1755 Bennett and 1730 Grace Streets, Dubuque, Iowa, from residential to commercial to allow for the development of a Harfig Drag Store. I own property at 361 North Grandview, Dubuque, Iowa, and support the proposed rezoning request. I ask you to approve this zoning request. Sincerely, ~© October 12, 2003 City of Dubuque City Council A1-FN: Councilpersons City Hall Dubuque, Iowa 52001 Dear Council Member: We support the rezoning of property at 419 and 485 North Grandview and at 1755 Bennett and 1730 Grace.Streets from residential to commercial to allow for the development of a Hartig Drug Store. We own property at 17.5'4-/~e~,,~z'~ and believe this rezoning is in the best interest of both the neighborhood and the citizens of Dubuque. We ask that you approve this request. Sincerely, Comments by Richard Hartig, Hartig Drug Stores To Dubuque Zoning Advisory Board - October 1, 2003 This rezoning request is about change, a process that began over 4 years ago when Grandview Avenue Methodist Church decided they needed to grow after 3/4ths of a Century at Bennett and Grandview. It is about a neighborhood, a collection of businesses, homes, and people who have peacefully coexisted and enjoyed an excellent quality of life because of their interdependence on one another. The neighborhood currently supports a bank, a fast food restaurant, a hardware store, a Sub shop, a barber, an insurance company, a dry cleaner, an opUcal store, a hospital, a coffee shop, medical and dental offices employing hundreds of professionals, a funeral home and many more. Only two of these businesses existed 3/4th of a Century ago when the Grandview Avenue Methodist Church was erected, the hospital and a pharmacy. It is a desirable vibrant neighborhood because of change, not in spite of it. It is a great place to live because all of the services mentioned are convenient to the families of this neighborhood. It is human nature to fear the unl~nown, to resist change. And I believe through my many visits with the neighbors that most of their concerns are based on the fear of what impact a pharmacy will have on their quality of life, rather than a specific issue with our firm or the way in which we practice pharmacy and run our business. Much has changed about our proposal since 3uly when the Church requested that their property ALONE be rezoned to C-2. The plans you will see tonight reflect a sincere attempt to address the neighbors concerns regarding setbacks, screening, traffic, lighting and overall land use. The request tonight is to rezone 4 properties from R-! to C-2, making the entire block from Grace to Bennett and from Grandview to a new alley to be located 44 feet to the West all Neighborhood commercial. This 1.2-acre parcel will contain just one building situated near the center of the block, rather than the current 7 buildings. The property will be completely surrounded by public streets and alleys. The building will occupy about 21% of the land under consideration. Contrary to a recent news report, I must note that our immediate plans do not call for any changes in the Klein property, although they have included their property in this rezoning request. Every property owner adjacent to this site has supported our rezoning efforts in wr'rUng with the exception of one on Bennett and one on North Grandview. ~ A recent article also made reference to another interested buyer for a portion of this site. I can confirm for you tonight that no valid offer has ever been received by the Church and that every opportunity to entertain any other offer(s) was afforded all interested parties. That being said, this is a zoning issue. While no one can deny the emotional aspects connected with removing a church, I believe our land use plan and proposed project makes sense for the neighborhood, the City, and Hartig Drug Stores. ! stress the word PLAN, because I believe abandoning an urban church, predisposing the vacant property to vandalism, loitering and the elements is NO PLAN AT ALL. Certainly, we can't expect the members of the Grandview IVlethodist Church to continue to heat, repair, remove snow, cut the grass, and all the other upkeep issues year after year after year. The first time a vandal throws a rock through a stained glass window, ! can't imagine that neighbors would be pleased witnessing the plywood going up. I'd like to ask Ken _lohnson of Straka-.lohnson Architects to explain the scope and specific design components of the project, Comments by Ken 3ohnson, Architect, Straka-]ohnson Architects To Dubuque Zoning Advisory Board - October 1, 2003 ~'d like begin by speaking bdefly about 'neighborhoods; and how they relate to urban planning. Neighborhoods are urbanized areas with a full and balanced range of human activity. Traditional neighborhoods provide residences, shops, workplaces, and dvic buildings that occur in reasonably close proximity. Cities and towns are made up of multiple neighborhoods. To borrow some thoughts from A guide to the Dubuque Comprehensive Plan, "Land use and urban design goals must address interrelated factors affecting the physical development of a city, including the satisfaction of human needs, the vitality of the local economy, the protection and enhancement of the natural and built environment, and the efficiency of public infrastructure and service provision. There is a goal to"encourage expansion of commercial opporLuniUes in existing commercial corridors or nodes where infrastructure can support growth. Another goal is to "encourage the concept of mixed use development to create diverse and selFsufficient neighborhoods" and "to encourage redevelopment opportunities within the dEy in an effort to revitalize unused or underused properly." Economic development goals include"retaining and expanding existing local businesses" and strengthening the local tax base. Human services goals include "working with area providers to promote opUmum health care services for community residents." Hartig Drug Stores have been an important part of the fabric of Dubuque for many years, with neighborhood stores in several locations. The City of Dubuque's C-2 Neighborhood Commercial zoning is targeted at businesses like Hartig Drug, that provides service to the immediate neighborhood, the pedestrian traffic, and the community as a whole. C-2 zoning occurs immediately adjacent to the proposed rezoning properly, and the commerdal services directly across Grandview Avenue, as well as those proximate to the north, support the request to rezone. The new store will feature an expanded pharmacy with a ddve through (which is a conditional use in C-2 zoning), a one-hour photo lab, a Hallmark card and gift boutique, convenience food items, traditional drug store merchandise, an expanded book department, and an indoor/outdoor pedestrian-friendly patio featuring a soda fountain and coffee bar, located in the front of the store and facing Grandview Avenue. The building is based on an attractive and familiar theme. It will be constrt~-ted of native limestone, brick veneer, and stucco accented with copper roofs and multi-pane windows. The store entrance will face the corner of Grandview and Bennett, and the drive bhrough will be located on the north side of the building, with the assumption that cars will exit on either Bennett or Grace Street. The new store, as proposed, will meet all bulk regulations as set forth in the Dubuque Zoning Ordinance. C-2 zoning would allow for a minimum 10' setback from both Grandview and Bennett. The existing church is approximately 36' from the coroer of Bennett and Grandview; the new store will be approximately :[20' from the same corner, dramatically improving the visibility of turning trafr~:. The allowable building height in this district is ~,0'; the proposed building is no roore than 32' at its highest point. Interestingly, the maximum building height in the adjacent R-1 district is 30'. Site lighting will be achieved with 72deg cut-off luminaire downlights, appropriately spaced to illuminate the building and parking, to promote safety. Noise within a neighborhood is always a concern. A busy urban street like Grandview Avenue will likely have sound levels of 70-90 dBA; a quiet residential street may be as Iow as 30 dBA. :~ntuitively, Hartig Drug, and its resultant traffic, will fall comfortably within that range, with sound levels substantially less than the existing traffic on Grandview, and comparable to the adjacent and proximate commercial fadlities. Customer access to the parking and drive through from Grandview is "right in; right out," again promoting safety. Service and delivery to Hartig USA Drug Stores has been standardized with the use of straight truck (similar to FedEx vans), which will presumably use the new alley for access. All perimeters will be screened with trees, shrubs and other landscape plantings, utilizing as many existing mature and specimen trees as possible. ~ Hartig Drug Store Page 1 of 1 Jeanne Schneider From: To: Sent: Attach: Subject: <DOUGDUB@aol.com> <jschneid@cityofdubuque.org> Friday, October 10, 2003 3:35 PM ATT00005.eml Fwd: Grandview Methodist at 419 N. Grandview rezoning In a message dated 10/'10/2003 8:06:35 AM Central Daylight Time, DOUGDUB writes: Subj:Grandview Methodist at 419 N. Grandview rezoning Date 10/9/2003 9:41:14 PM Central Daylight Time i From:DOUGDUB To:rbuoll~mchsi.com, aeml0~.mchsi, jconnors63~mchsi, patriciacline~mchsi, markham~,cornerenergy.com, danielenicholson~mchsi Ne ara aware that in the near futura a request will appear before the City Council to rezone the property at 419 N. Grandview and therefore allow the church building on that location to be destroyed. Doug and I have been members of Grandview Church since 1960. We continue to support the Church at the new location. However, we find the thought of razing this beautiful ,h, ouse of,,w, orship at 419 N. Grandview most disturbing. As a nurse employed by The Finley Hospital in the 1960 s and 70 s I found comfort in looking out the hospital windows at the stained glass picture of Christ. I know patients have also found comfort in gazing at this Church. We have hoped that a buyer would be found who would preserve this edifice in it's current state. We would hope that Montessori continue their efforts to raise the necessary funds allowing the building to be preserved, as well as serving the community needs for additional quality child care. Or perhaps the facility will meet the needs of another church family. We recommend that the current rezoning request be denied to allow the building to remain a landmark in Dubuque. Diane and Doug Brotherton 2823 Hickory Hill Dubuque, IA 5200'1 LL x'?r 10/! 3/2003 Page 1 of 2 Jeanne Schneider From: To: Sent: Subject: "Tom or Jan" <teachers61@mchsi.com> <jschneid@cityof'd ubuq ue.org> Tuesday, October 07, 2003 2:44 PM rezoning request Oct 7, 2003 Dear Mayor Duggan, I am writing to you with regard to Dick Hartig's zoning request to redevelop the area between Grace and Bennett Streets on Grandview. His intention would be to construct a drugstore and space for Finley- Hartig Homecare, which is currently located in a leased property on University. As a member of GrandView Methodist Church, I had hoped that another church would be interested in purchasing the old bnild'mg. After two years, it appears that this will not happen. The neighbors, none of whom is a member of the church, are expressing great emotional attachment to the church, while we Grand Viewers have built a lovely, larger, functional building on the West Side of Dubuque, as we were encouraged to do by our Bishop, to meet growing needs in that area of the city. The old building is not a Century Landmark and is not a part of any historical-designated areas; it is, in fact, Grandview's THIRD church in the Delhi area, having been built in the 1930's. Our church has a history of"moving on" when the need for space requires it. Mr. Hartig's plans call for an attractive brick and stone structure with copper roofing that will include an old-fashioned ice cream parlor along Grandview. There are natural alley and street divisions to the building from other property owners. The structure would occupy only 21% of the 1.2 site, with the remainder being parking and green space. It would be placed approximately 60 feet from the street. In two years of marketing, Mr. Hartig is the only person to submit a realistic, f'mancially viable offer to us. As a youngster, I lived in the Grandview area and have fond memories of frequenting Potterveld's Drugstore and Soda Shop, located directly across from Grandview Church. In later years, the business became Grandview Drug....for that reason, it is difficult for me to view a neighborhood drugstore having a negative impact on an area. Neighbors have expressed concern about noise and traffic, while characterizing the church as having neither. As an active member of this church, I must express my disagreement for the following reasons: drugstore is NOT noisy. 2) while customer traffic may be steady, large numbers of people do NOT converge on a drugstore at any one time In addition, our church WAS a source of traffic and residential parking for the following reasons: 1) insufficient parking for 3 Sunday services for 250+ people. 2)weddings (including those of other smaller churches who used our facility) 3) funerals. 4) a growing dayeare program with daily drop-off, pick-up of children 5)dally meeting area for various groups 6) frequent evening all-church meetings. 7) frequent all-church events such as rummage sales, soup suppers, etc., etc. OUR CHURCH IS A BUSY PLACE! And finally, a large, empty building benefits NO ONE! On October 20, 6:30 p.m., the City Council will address the rezoning issue. I appreciate your efforts for the city of Dubuque and respectfully request your support for this project. Sincerely, JanRawson 2310 Knob Hill 583-1215 10/7/2003 Jeanne Schneider Page I of 1 From: To: Sent: Subject: "Bev & Cliff Godsey" <cbgodc@dubuque,net> <jschneid@cityofdubuque.org> Tuesday, October 07, 2003 10:03 AM re: re, zoning of the GV church Dear Mayor Duggan I am encouraging you to support the rezoning of the properties at 419 and 485 North Grandview and 1755 Bennett and 1730 Grace Street so these properties can be developed into a new Hartig Drug Store. I am a long time member of Grandview Avenue United Methodist Church and have been in on the planning and development of the new church building wh/ch we now occupy. It is heartrending for many of our members and some of our neighbors, who are not members of our congregation, to make this move but it is done and the old building needs to be sold for the good of the church, the neighborhood, and the community. I'm sorry to see it tom down but Mr. Hartig bas assured us that he will not take a wrecking ball to it without though of the artifacts within the building. We have investigated every option we could and not viable offer to buy the building and use it as is came forth. Thank you for your consideration Beverly Godsey 950 Clarke Dr. Dubuque, Iowa 52001 10/7/2003 Page 1 of 1 Jeanne Schneider From: To: Sent: Subject: "Dean Mattoon" <drmattoon@msn.com> <jschneid@cityofdubuque.org>; <rbuoll@mchsLcom>; <aeml0@mchsi.com>; <jconnors63@mchsi.com>; <patdciacline@mchsi.com>; <jmarkham@cornerenergy.com>; <danielenicholson@mchsi.com> Tuesday, October 07, 2003 9:07 PM Rezoning of 419 Grandview Avenue Dear Honorable Mayor and Council Members: As you may know, the day in which you will vote on the rezoning of the property at 419 GTandview Avenue is fast approaching. This decision is very important as it will effect the future of the new church on John Wesley Drive as well as its congregation. We have received only 2 offers on this property in 3 years, one of which is unacceptable. The other offer is to rezone the land and tear down the building. There are neighbors of the abandon building who are not even members of the church that are very apposed to this offer, though they do not have any idea what the repercussions of their actions will do to us as a congregation. We cannot afford to pay the 47,000 dollar per year upkeep on an abandon building. I understand why some people maybe apposed to this decision as this was at one time a house of the lord, but the building is now abandon and a new church has been erected in its place. We would all prefer that this building remained as a church, but this does not seem to be a possibility. In closing, please vote to rezone this property in the upcoming city council meeting. Sincerely, Dean Mattoon Grandview Methodist Church Instant message with integrated webcam using MSN Messenger 6.0. Try it now FREE! http://msnmessenger-download.com 10/8/2003 Page 1 of 1 Jeanne Schneider From: To: Sent: Subject: < Kieffer70Rose@wmcon nect. com> <jschneid@cityofdubuque.org> Tuesday, October 14, 2003 7:09 AM (no subject) October 13, 2003 Dear Mayor Duggan, I am asking you to approve the rezoning of the Grandview United Methodist Church property. I am a member of Grandview Methodist and also a neighbor. I live at 70 North Grandview so I am well aware of the traffic flow on Grandview Avenue. I do not believe that the traffic will increase drastically if Mr. Hartig builds a drug store on the site. I would have preferred that Grandview Methodist Church be sold as a church, but it has been on the market for 2 years and it has not sold. The building needs many repairs and updates so it would be cheaper for those who might be interested in buying a church to go ahead and build in the location of their choice. The longer the church sits empty, the more it will deteriorate and become a potential place for mischief. I would rather see it torn down than be vacated and possibly desecrated like St. Joseph the Worker. The neighbors of Grandview probably have never been inside the Church to see what repairs need to done. Our congregation has gone through the gdeving process of leaving the old and comfortable place where we worshiped. We have moved on to a new place, which we still need to pay for. It is only good business for us to sell to the highest bidder. It costs the congregation money every day it stands empty. I believe Mr. Hartig will be a good neighbor. A business and building similar to the other Hartig Drugs would be an improvement to the neighborhood and an asset to the City of Dubuque. This process would be a win/win solution for the Grandview Methodist Church congregation and the City of Dubuque. Thank you taking the time to review this matter, and I hope you will agree to the rezoning of the church property so we can move forward. If you have any questions, please call me at 556-5010. Sincerely, Rosemary Kieffer 70 N. Grandview Ave. Dubuque, IA 52001 10/14/2003 Page 1 of 1 Jeanne Schneider From: To: Sent: Subject: "Bev & Cliff Godsey" <cbgodc@dubuque. net> "buol,roy" <rbuoll@mchsi.com>; "cline Patdcia" <patdciacline@mchsi.com>; "connors joyce" <jconnors63@mchi.com>; "Duggan, Terry" <jschneid@cityofdubuque. org>; "Markham" <jmarkham@comerenergy.com>; "michalski ann" <aeml0@mchsi.com>; "nicholson Dan" <danielnicholson@nchsi.com> Tuesday, October 14, 2003 8:51 AM re: rezoning of GV church property Dear Councilpersolis, I know that you are preparing yourselves to vote on the rezoning of the properties in the Grandview United Methodist Church request. Again t ask that you vote for this rezoning so the sale of the property can be completed to Mr. Dick Hartig for the construction of his new drug store. As a long time member of the church I feel that this will be to the advantage of the church and the commtmity. I thank you for your time and consideration. Sincerely Beverly Godsey 950 Clarke Dr. Dubuque, Iowa 52001 10/14/2003 Page 1 of 1 Jeanne Schneider From: To: Sent: Subject: <RWLEICK@cs.com> <jschneid@cityofdubuque.org> Friday, October 10, 2003 7:04 PM Rezoning of Grand View Methodist Church property Dear Mayor Duggan, As long-time members of Grand View Methodist Chumh we are wdting to encourage you to support the rezoning of the Grand View Methodist Church property on Grandview Avenue. This rezoning is necessary in order to accomplish the sale of the property to Mr. Dick Hartig who plans to build a drug store On the site. The members of Grand View deliberated for several years about moving to a location on the west side of Dubuque, and since the decision was made we have worked long and hard to make our new church a reality. The property on Grandview Avenue was put up for sale in November, 2003. From the first it has bean the dream of the members of Grand View to sell the building to another church. Some smaller cengregatons have looked at the facility but no offers were made. The building is old and the expense of keeping it up along with the high utilities does not made it a feasible buy for a smaller congregation because of the financial aspect. No larger church has shown any interest in it. One offer was received from another organization but the amount was considerably less than Mr. Hartig's offer. We are asking that the City Council judge this rezoning based on what is the best use of the property at this time. It does not seem that rezoning to allow a drug store is out of character with the rest of the block it sits on. In fact, there is only one house on the north and that owner wants to sell to Mr. Hartig. To the north of that house is an insurance office, across the streat on the comer of Grace and Delhi is a dry cleaner, on the comer of Delhi and Grandview is Klauer Optical and across the streat from Klauer is a bank. There are other businesses east on Delhi St. Directly across Grandview from the church is Finley Hospital, parking for Finley, and the Siegert- Didesch Funeral Home. This is clearly not a residential area. The fact is that the church is deteriorating and will continue to do so. A long as the property is owned by the church the City of Dubuque gets no property tax from it This rezoning would put the property on the tax rolls which would be a benefit to the City. Again, the people of Grand View are not anxious to have the building demolished and would prefer that it remain a church that's just not possible so we ara asking that the property be rezoned at this time to allow this sale to take place. Thank you for your consideration. Ruth and Melvin Leick 5145 Valley Forge Road Dubuque, IA 52002 10/13/2003 GRAND VIEW UNITED METHODIST CHURCH 3342 john Westey Dr 563-582-8875 FAX563-582-3556 E-ma~t grandv,;ewdubuque~aot.com "Go and make dfscfples..." This is a copy of a letter I sent to our neighbors with regard to the sale of the property at 419 N. Grandview. It contains information that would not otherwise be known or sought. I believe it may also be information for you in your personal deliberation and respectfully offer it to you. Staff Contemporary Service Coordinator Marie Miller Education Coordinator Grandview Preschool Director Tina Nauman Youth Ministry Darlene Bowers Choral Director Keith Rippe Christine Kohlmann Bell Choir Director Hallie Paar Sue Lafond, Secretary Office Hours 8:30-Noon & 1:00-5:00 Monday--Friday GRAND VIEW UNITED METHODIST CHURCH 3342 John Wesley Drive Dubuque Iowa 52002 Phone: 563-582-8875 Fax: 563-582-3556 Email: grandviewdubuque~aol.com Pastors Rev. Dr. James L. Do~son Rev. Penelope M. Thacker Go and make disciples,.. Ma~thew 25:19 14 October 2003 While the experience is more vicarious, it seems our neighbors are going through the grieving we, as members of Grandview, have had to experience personally in saying goodbye to a place whose architecture is singular and where significant things have happened in the lives of our members. Believe me, what you may experience as neighbors and non-members, we at Grandview have felt personally, and far more deeply. Driven by as much or more motivation than yours, we wanted to be able to stay and maintain the building, but the realities of survival as a congregation could not make it so. We have tried harder, and longer perhaps than prudent to fred strategies to stay in our building and location. We voted to move in the spring of 1996, after a long and difficult time of discussion, reflection, and mixed feelings. We knew we would miss our building, our location, and our neighbors. In being good neighbors, we informed our neighborhood about the decision to move, and in 1996 we also informed our neighborhood that the build- ing would be up for sale. We made no secret of this, and when asked what we were going to do with the building, our response has always been, "We would like to see a smaller church that wants to grow move into it. Or if that is not poss~ble, for the building to be purchased and used intact, by someone." We have aggressively sought to find another church to care for this building and be blessed by their presence here. I personally wrote letters to all the area churches in- forming them of our move and that the church was for sale. We personally took pas- tors and potential congregations through our building. St. Joseph's the Worker was not the first congregation to inhabit our church duo to fire. We offered The Rock of Ages congregation, after their fire, to use our building to see if it would suit their pur- poses. They took our building for a test nm of several weeks, but they felt the cost of operation and maintenance alone would be more than they could muster. Holy Trin- ity Lutheran gave consideration to the building before deciding on adding the addi- tion to their current site. And there have been other churches/congregations who responded with interest. As honest good neighbors, when asked about the cost of utilities, insurance and mainte- nanee, etc. we shared our costs of operation; and potential churches sought other al- ternatives. It is not the building; it is the cost of operation (which includes insurance on a building whose insured replacement value is $1.4 million) that has been the ma- jor issue for non-profits like churches. Each time we lowered the asking price we went back to these same interested part/es. As bystanders who have not contributed to, nor been directly involVed in the Operation Or maintenance Of the facility you have appreciated, you~O0 not know the story. And while you can Still fred some Grand View members who will agree with you,andT~ whom sentiment presides Over practicality and mission; congregations are not called into existence to supi~?rt a facility. We have reduced staff and budgets in trying to support a building and space that eventually li~ij~ growth, flexibility, and mission. :' For 19 years we have hosted Wesley Table e3ery Wednesday for Seminary Students attending the University of Dubuque. We contacted the seminary and university's presidents, and their board of trustees suggesting that the building would make a good chapel, provide classroom and office space, and provide the possibility of continuing Wesley Table. We have "marketed" the building as a wedding chapel, funeral home, restaurant, and a business complex on the order of Fountain Park. The city al/ready has several old churches converted to Restaurants. We even par- ticipated in a joint appraisal of the property with Finley Hospital, who had expressed an interest. We would have loved for the building to remain intact and we have spent considerable time and effort trying to make it so. Meanwhile, it continues to cost us $47,000 for each year the building does not sell. (Yearly utility and in- surance, and interest we would not be paying had the building sold.) We would like to have seen the property purchased and used by Montessori, as a continuance of a Montessori school we s[arted in that building, Their offer was less than the land value determined by the city for property-tax purposes. And this offer has always been contingent on "financing" which they have not demonstrated they can get. In 1991/92 we purchased adjacent land and tore down three homes to increase our parking (and hopefully making the site more attractive to a smaller congregation.) Prior to voting in 1996, we had sought to purchase properties from our neighbors on which to expand so we wouldn't have to move. No one was interested in selling, we would not have offered, nor expected our neighbors to acce~pt an Offer below land values. With no other direction to go, we had to make the hard decision io move and leave Grandview and a building we have dearly lOved. Ours was a decision of survivabiiity and Mission. It was no less difficult for us as it is now for you. I feel that, as good neighbors, we have been Up front and open to our neighbors abofft our plans to move. We have operated "by the book". We started conversations with neighbors as Well as potential buyers starting in 1996. You knew we were serious about moving when we sought and received formal and public voluntary an- nexation of our new property into the city in June of 1999. In May 2001, we chose a realtor with broad local and Internet connections. For 2 1/2 years, the realtOr's sign has been on the property locally for all to see. Like most of you, we are like the homeowne[ for whom the purchase 0fthe new house is dependent on the sale of the old. Like you, we Can't afford two places. You knew we were buying and you knew we were selling. And now, after we have purchased and moved into our new place,'we feel our old neighbors are saying, "Hey, we want you to stay here and maintain the architecture of the old place for us until you die. And we are not going to help you." In the seven years since we declared our intent to move, neighbors and interested organi- zations have offered no creative suggestions, ideas, or alternatives. It has only been at the recent zoning meet- ings that neighbors have now appeared, with comments neither complimentary nor helpful, and we are being unfairly painted ,as though we played a trick on you. It would seem that the only ones showing foresight has been the Grand View congregation. What further sad- dens me is that only nOw are neighbors, concerned citizens, and interest groups expressing any interest. Where have you been? Were that all the time, energy and effort recently expended on petitions and strategies for the recent zoning meetings, and continues in confrontation at City Council, been directed earlier toward creative solution. No neighbor, or interest group, has ever come to me (or to any Grandview member) to talk about al- ternatives, and we would have welcomed a cooperative effort. Instead of petitions and rallying support to con- dernn us, could not that energy have been used to solicit those same 415 people for fimds toward forming a consortium (perhaps under the auspices of the preservation group) that might then go into a business parma'- ship with Montessori, or the Rock of Ages congregation that "test-drove" our building. Or the consortium could have created a community center, etc. It should have been obvious to anyone that old churches, rural or city, often get tom down. Sarumit Congrega- tional, when purchased by Finley in 1995/96 was tom down - should that not have given preservationists and ail of us in our own neighborhood a clue. When Dodge Street was increased to four-lane in the Church of Christ Church on the comer of Crrandview and Dodge was tom down. When our congregation moved to the 419 location in the 1930s from 5 comers (Delhi and University) where Fashion Touch Cleaners is now lo- cated, the old brick building was tom down. Should these not have given clue about what can happen? Dick Hartig is the only other person/firm who has made an offer. He was interested early, but waited to see what might transpire. In spite of our personal initiatives, and then the efforts of an aggressive reaitor, no other valid offer has been forthcoming. We waited for inspiration to motivate someone with another creative solu- tion. Finally, since nothing was forthcoming for three years, Dick Hartig decided to "step to the plate". We accepted his offer - at less than half the building's replacement value - and will now honor the transaction for as long as he is interested. It would not be ethical for us to do less. Dick's intent was to try to save/saivage the building. He, too, has an interest in old architecture. His original thought was to create an authentic old-time soda shop-pharmacy in the sanctuary. But the realities of code, handicapped accessibility, cost of rehabilitation, etc. have forced a difficult decision upon Dick as well. He was interested in keeping it architecturally intact, but it is not fmanciaily feasible regardless of sentiment. We needed more acreage. Dick, however, can make good use of available acreage, would be a good steward and neighbor with it, and return a drag store to a neighborhood that had one for years. Dick wants to be a good neighbor, and did not come to this difficult decision just to upset neighbors with whom he wants to do busi- ness. Would you be prepared to take over the old building? If you want to make any offer better than Dick's, our reaitor says Dick is willing to step back. There is sadness in this. I can assure you that everyone at Grand View was sad to leave the old building, and we are sad that it may be no more. Like many of you, we have grieved and some are still grieving. But, at some point, we must all move on. J~n(1/es L. Dotson Pastor Chris A. Kohlmann 725 Ramona Dubuque, IA 52003 October15,2003 Mayor Duggan and Members of the Dubuque City Council c/o City Clerk's Office 50 W. 13th Street City Hall Dubuque, Iowa 52001 Dear Mayor Duggan and members of the Dubuque City Council, On your agenda for the Monday, October 20, 2003 City Council meeting is consideration of rezoning the property owned by Grand View United Methodist Church located at 419 N. Grandview. The church has applied for the rezoning to comply with the terms of sale to a perspective buyer that wishes to develop the property. Pdor to the building of the new church on John Wesley Drive, a budget for financing the construction of the new church was created that included the proceeds from the sale of the building at419 Grandview. The offer from Mr. Hartig for the purchase of the old church is consistent with the estimates put forth in this budget. Grand View has pursued selling the old church property to buyers that would maintain the old church building on the property. None provided an offer that would be feasible with the budget created. The Grand View community has adopted a mission that embraces reaching into the community for service to those in need. Our preschool offers early childhood education in a most excellent way. There are great possibilities for partnerships that can be created for service in the Dubuque Community by Grand View at our new site. As a church, we can grow our programs to assist and ease burdens on some already over-burdened social service agencies. This growth though, will be slowed if we as a congregation are faced with maintaining an abandoned and unused building or selling the property at a drastically reduced amount. As a lifelong member of the Grand View congregation, it grieves me to think of losing the old church building. It grieves me more though, to think of the old church building as an aging and abandoned eyesore at that site. It grieves me most to think of the people that Grand View will not be able to serve, if we as a church community will face financial difficulties by not meeting our budget goals needed by the sale of the property. ® Page 2 October 15, 2003 I thank-you for your thoughtful consideration of this issue and I would ask for your approval of the requested rezoning. Sincerely, Chris A. Kohlmann Cc: Michael C. Van Milligen, City Manager Mel Miller, Chair of Steering Committee October 14, 2003 Michael C. Van Milligan, City Manager Mayor Terrance Duggan Members of the Dubuque City Council City Hall 50 West 13t~ Street Dubuque, IA 52001-4864 RE: Harfig Dmg/Grandview Avenue I do not live on Grandview Avenue, but I am a native Dubuquer and remember when Grandview Avenue was really special. Itwas a part of Dubuque to be proud of. But those days are fading. Grandview Avenue is rapidly become just another Kennedy Road. So, how are you going to address the traffic snarl? Today, it's traumatic to drive in the 5-point area especially at peak times. So, please don't be snowed by numbers stating there will be little noticeable change in the traffic. When the pharmac3*/retail store opens will you add a right turning lane into the storefront going south on Grandview or shall we alt wait in line for the car or cars that are turning into the store. This wilt, at peak times, beck traffic up to 5-points. How about a turning lane going norfl~ on G-randview by the new store so cars area't backed up there? What happens at West 3rd Street and Grandview for ttaning traffic? At peak times this area is already a dangerous mess! How about a left taming lane onto W. 3~ from southbound Grandview? But you'll also have to fix the traffic that's hung up on W. 3~ waiting to turn south onto Grandview? How about traffic lights? Or, maybe we should make that whole area no parking. This will unt~artanately put the homeowners at a real disadvantage if they have any friends who want to visit them. How about ripping out the island? That will make it really wide, accommodate many lanes, and it will look like Kennedy Road, too. What a dilemma? Trading storefi'onts and chorehes and leaving empties behind is mind boggling. You have my respect. I know each of you will think this llxrough and make a decision that will be the best one for the citizens of Dubuque. Sincerely, Diane O'Dell 2876 Illinois St. Dubuque, IA 52001 :Dubuque ~ontessori $c~oo£ ~ubuque, _r~ 52oo~ (56s) October ~?, 2oo$ Year City Cour~cif ~ernSers, ~:ttacheef is a cojEi of our offer to frurchase the former C~ranaCv~w 'Unttec~ ~,tethoaqst Church foeatecf at 419 ~fo~h fframg~iew ~ve. zls you wiff note the offer was masfe on february 25, 2oo~ ant[their cownter to us dlxte~C 3vlarch 4, 2003. Our offer was raade after wee~ of in~esti~ation aauf carefuf consi~eration of att fi~mtis lk~seW on the fo£fowin~: · Insjpectionofthejrrod~erty gy City Ins. vector 6eraf~$toJfe£. Insyectton of the j~rayerty 6¥ ~eyartment of~ruman Services £ice~sing Consugant ~auf _ ~ond~rsen. · tnsyection of the roof~j 1)avis ~oofin~. · Insyection of the goffer by !~e~ew of tfie yroyerty an~ fia~ given f~j generaf contractor ~)ic~ :Koeyric~ _qlT Seasons 9(eatin~ aruZCooan~, :BFaser.pFumfi~t~, $iss&r ~ectwic, 24c~)ermott Y-scavatin~ ar~Frt-State :Fence. · :Re~v~ew ofafffinarwia~ f~j ourfinance coramittee. 2teetin~ ~ith $anker Steve ~esF~rger @ ~s~ertcan ~rast. · ~teetin8 with attorney Cga~Zeach. · ~4eetint~ ~vith agent £inda £a~aya of£incfa tasaya :Rea£:Estate. Z}ubuque ~gontessort $cheo£'s ~fer toj~archase Crram~w qdnited ~etfu~ist Church was a sincere offer, ~ ~rar~view yroyerty is_perfect for our neec& It can easffy fie ax~a. ptecEto ourj~ro~vosec[use as a !Montessori ScfwoE It is in exceff, ent condition anacthe renovations we needto mahe clb ru>t concern the structurM intelyrit~J amf ~auty of the buif~rn~ gnat rather reflect the necessary cFla~l~es ~ee~e~to meet ~ cotfe in re~araCs to f-tamrFlca_p accesi~(itld as we££as state cocFe for ajvrescgoo£ Our intent ~th this communication is simy£y to yrovisfe you with the truth in regarafs to our efforts to~mtrchase Crraaufview 'Ur~terf ~lethoW~st Church. 34re ay~reciate the ~urWen that is fofore you anaCwe thar~ you for taking the time to consider alTj~ossibiftties. AGENCY RELATIONSHIP NOTIFICATION / CONFIRMATION: 1. This document is prepared by: ~ ~ ]~ea]. J~t-_at:e,/T~l. rtc~a ~ 2. (check one) print firm name/agent name 3. Q the Seller exclusively; or'AJ:the Buyer exclusively; or El both BUyer and Seller;, or 4. N~TE: WRITTEN AGENCY DIScLOSuRE IS REQUIRED BY LAW. 7.6' I/We~jl 9/'439the undersignedl~ G~artct~hereby prop0set~;:x,,~;F..te r to PurchaSe~ole~our'y pro pe~..., kn own a s.. PURCHASE CONTRACT THIS IS A LEGAL BINDING DOCUMENT. IF NOT UNDERSTOOD SEEK LEGAL ADVICE AS AGENT FOR: 9. and agree to pay you therefor the sum of "~ ht~ 10. ($ :~00,000~00 ) as follows: $~,000o00 with this proposal as a deposit, to be held in trust by the Listing 11. Brol~r peri_ding exchange of final papersl - 12. DEPOSIT INCREASE: The deposit shall be increaSed to $. -0- __within -0- days from 13· acceptance. Balance Of purchase price due at time of settlement. 14. FINANCING: This offer is con~Jjl3gP.,aLuo_._...~on Buyer obtaining financing as fo oWe 15. MORTGAGE: (circle One) C~Convention_al) Convent onal InsUred FHA VA- Land Contract Cash OR NO Mortgage 16. DOWNPAYMENT: % (or) $ 17. INTEREST RATE not to exceed: _% per annum. 1~8. TERM OF MORTGAGE / LOAN: years. 19; DATE FOR FINANCING CONTINGENCY RELEASE 20. Buyer agrees to pay all Customary loan costs and buyer closing feeS, and t~o Pl;l~Vide ;~,ide;ce of ~Ppiicati0n 21. promptly upon request by Seller. If Buyer qualifies for the financing described In this Offe[ or other 22. acCePtable to Buyer, Buyer agrees to deliver tO Seller a copy of the Written 10eh Commitmant, signed ~nd affirmed 23. by Buyer nO later than the deadline for loan com~!t~'nent abOVe, Btyer's detiVery~f a c°Py ~,"~.written loan 24. commitment to Seller (even if the commitment iS Subject to COnditiOns SPecifl~ by th~ lender, ~s appra sa ) 25. shall satisfy the Buyer's financing contingency, and the financing contingency shall be cone~ removed from 26. this PurChase Contract as of the date °f delivery- If BUyer doa~ not make timely delivery of said commitment, as 27. stated On Line 19, then .Seller may terminate this Offer bY writt~ n nefice~of termiltat on to BUyer. 28. IF THIS CONTRACT IS CONTINGEN~ UPON THE SALE OF ANO~THER PROPERTY, DBR2 MUST BE ATTACHED. 29. The following addenda are at~ached to,' and are an ntegra part of ~is, Pumhase Agmemqtlt. Each adde;ldum has the' 30. purpose of expanding this agreement to inClude inf0rm~§0, that is ~ither requ red bY IoW~ C°de, Or is: des gn~d to provide 31. contingency, protections for the parties tb thiS agreement. 32. Check each ~pecific document(s) Utilized add'sttach same toth~ PurChase Agreement. 33. DBR4 Agency Disclosure ~ Lead Base Paint Disclosure ' ~ 34. Dual Agency Disclosure El DBR3 Amend, to Purchase ~ (2) 35. Inspection Addendum ~ DBR2 Sale Contingency Q 36. Sellers Disci. of Prop. Cond. ~ DBR5 Rental Addendum El 37. Other Q 38. Other contingencies ~ r~3 COI3~ [:~ (2) :39. ~ 40. 41. 42. This agreement is also subject to the following conditions: 43. TAXES-SPECIAL ASSESSMENTS 44. a) Interest, rents, homeowners association assessments,= unused fuels and other appropriate charges sTtall be' prorated as of 45. the date of closing· Accrued income and expenses, inCluding taxes for the day of closing, shall.accrue to Seller. 46. b) General taxes shall be prorated at the time of closing based on the net general taxes for the current year, if known, 47. otherwise, on the net general taxes for the preceding year. 48. C, aution: If property has n~J:)~ully assessed for tax purposes, or reassassment is completed or pending, tax proration 49. shall be on the basis of $_ "~'~" estimated annual tax. 50. c) All special assessments that constitute a lien, as of date of sett ement, are t(~ be paid in full by the Seller. ~51.~'~ SEE ADDITIONAL CONTRACT TERMS LINES 53-107 ON REVERSE SIDE, AND SIGN BELOW ~" ~ ' '~ Seller's Signature r's Signatur t'--_.~..,, :. ~ ' '".t4h . . C~ra,~view ~etho~ist ~urch 108. ADDRESS 4t9/439 N. ~v~ ~, !~a DATE -/ 109?ADDITIONAL PROVISIONS. 110.. SE~LEMENT SeElement shall occur and legal po~ession shall be given on or before 6/30/2003 111. OCCUPANCY. Occupancy shall be given to Buyer(s) on 6/30/2003 , at (a.m.) (p.m.). 112. Seller(s) to maintain premises in the same condition as of this date, no~al wear excepted. 113. If Seller o~upies the premises after the c os ng, or if Buyer o~upies the premises prior to the closing,: 114. A wri~en in.rim occupancy agreement is ~commended. 115· NOTE: O~upancy may be subject to leases and tenant vacancy. If the prope~ is leased or rented, a~ach the required 116. Fo~ DBR5. 117. FIGURES. A figure is defined as an item of prope~, which is physi~lly aEached to or so ciosely associated with land 118. or improvements so as to be treated as pa~ of the real es~te including, b~ not lim~ed to physically a~ched items not 119. easily removable without damage to the pmpe~, items specEi~lly adapted to the pm~ and items cu~omarily treated 120· as fimums (provided they exist on the pmpe~ on date hereo0 include but am not limited to: garden bulbs, plan~, shrubs 121. and trees; storm and ~r~n doorc and windows; ele~ric light fimures; window shades; cumin and dra~u rods; blinds and 122. shuEem; central hea~ng and cooling units and aEached equipment; water heatem and softeners; sump pumps; a~ached or 123. fiEed floor coverings; awnings; garage door openem and remote controls; installed secud~ systems; central vacuum 124. systems and accessories; in-ground lawn sprinkler systems and component paKs; built-in appliances; ceiling fans; fences; 125. storage buildings on permanent foundations; fireplace screen, fire grote and a~ched equipment, and also including: 126. 127. 128. and excepting: 129. 130. Note: The terms of this offer will determine what items are included and/or excluded. Address rented fixtures such 131, as water softeners, or alarm systems, if any. 132. c) When accepted, this offer shall become a legal binding contract fo.r the Sale and Purchase of the above described 133. premises. If this offer is not accepted by the Seller on or before 8.00 (~%~.) (p m ) (Date) 3 / ~/ 03 , 134. t sha I become null and void and the initiaJ payment shall be repa~ ~hout liability on the part of s~.id agent to 135. either party. 136. d) This Purchase Contract shall not be assigned by Buyer without the written consent of Seller. * 137. e) TIME IS OF THE ESSENCE IN THIS AGREEMENT as to: (1) Eamest money payments; (2) Binding acceptance; (3) 138. Occupancy; (4) Date of closing; (5) Contingency Deadlines and all other dates and deadlines in this 139. offer. If "Time is of the Essence" applies to a date or 140~ deadline, failure to perform by that exact date or deadline shall constitute a breach of the co~tract. 143. f) Upon payment of the purchase price, Seller shall convey title by Warranty Deed or other instrument that is required by 144. Buyer's attorney. 145. g) Broker may continue to offer and show the property for sale and Seller may accept backup offers until closing. 146. This offer wa.s presented to Seller by 147. The foregoing offer is (circle one): ACCEPTED' iBuyer's Signature) Date REJECTED on (date & Time) COUNTERED: (Seller's Signature) Date Prim name here SS~ (Seller's Signature) Date Print name here SS~ Address Phone Zip Print name here SS~ (Buyers Signature) Date Print name here SS~ Address Phone City .. State ,~ ~-/.?/, ~. ~Zip . City ' State A ' / Office ~-~. ,. · '~ , Listing AGENT /~elling GENT. / ~,) ~ ~L~O Office 6/02 P-3 of 3 ~opyright 2002 Dubuque Multiple Listing Sewice For Member Use Only · INSPECTION ADDENDUM :,PURCHASE CONTRACT, dated,.:~ '/ by and between the undersigned Buyer(s) and Seller(s) concerning the real estate commonly lmown as: It is mutually agreed by and between the undersigned that: INSPECTI[ON: (Section No. J. or No. 2 MUST BE CIRCLED) lg '~'ithin ~ > days after date of acceptanea of said Purchase Contract, Buyer(s) shall have the right to conduct a physical inspection, at the Buyer(s) ~ expense, by a qualified independent inspector, tnspectioos shall include the following checked items: rq foundations; gl basement; gl crawl space; O roof; rq attic; [~ gutters and do_waspouts; gl exterior wails; O ceilings, walls and floors; gl elech%ai; gl built-in appliances; gl plumbing; [] heating; [] cooling; gl proper~ grading. ~ Full Property Inspection []Other {,~ , A copy of this Inspection Addendum may be provided to any inspector prior to the stm of any inspection. Inspectors are hereby given permission to release copies of inspection results to all parties to the transaction. If the inspection is not completed within the aforementioned time period, the condition of the property shail be deemed to have been accepted for ail. purposes by the buyer(s). Seller(s) are required to disclose all latent defects of the property. The folinwhtg terms shall define the rights to the Seller(s) and Buyer(s). 1~ TIlE INSPECTION REPORT DESCRIBES A CONDITION OF '1'~/~ PROPERTY NOT PREVIOUSLY DISCLOSED by the Seller(s), which in Buyer(s)judgement is a defective condition, Buyer(s) shall give Seller(s) written notice, together with a full copy of the inspection report, within 4 calendar days after said inspection date, outlining the repairs mad improvements that must be made in order to remedy any defect. If a written notice fi.om Buyer(s) to Seller(s) is not received within the 4-day period, the condition of the property shall be deemed to have been accepted for ail purposes. Seller(s) shall notify Buyer(s), within 4 days afier receipt of Buyer's notice and copy of inspection report, whether or not Seller(s) agrees to make the required repairs or improvements. If Seller(s) informs Buyer(s), that the Seller(s) will not make such repairs or improvements, Buyer(s) shail accept or terminate the Purchase Con=act within 4 days of said notification. Upon termination, the earnest money deposit shall be returned to the Buyer(s). Seller's failure to notify the Buyer(s) will be deemed to be an election not to make the repairs. If Seller(s) agrees to make such repairs or improvements, ail work is to be completed in a workmanlike manner according to standard practices and all applicable building codes. Seller(s) shall make evei'y effort to complete same prior to closing. If Seller is unable to complete same prior to closing, the cost of said completion, shail be paid into escrow at closing as evidenced by a separate escrow agreement, which when executed by both parties will become a part of the above referenced purchase contract. Notwithstanding the foregoing, Buyer(s) and Seller(s) agree that if the inspection report desadbes a condition of the property as one which can be remedied by routine maintenance or normal servicing, such condition shall not con,irate grounds for temainatinn of the pumhase contract. Additionaily, with respect to items noted in said inspection report to have reached or ex~eeded normal u~ful life, so long as such items are in working order, such condition shail not be a basis for finding that said items are in defective condition, and Seller(s) shall not be required to repair or replace such itc.ms, and shall not constitute grounds for ~termination of the purchase contrac~ Except as expressly provided in this Agreement, which includes the Sellers Disclosure of Preperty Condition, it is understood that Seller makes no representation as to the condition or state of repair ~' the property and has made no agreement to alter, repair or improve the property. It is also understood that as to items disclosed in the inspection report(s) as being in defective condition, said items shall no longer be considered undisclosed. Inspections required by FHA, VA or lender do not elimi~ the need for other in 'ons 2. Buyer(s) have been made aware that indepandant inspectors, are available, to assess the condition of the property and have been afforded the opportunity to require, as a condition of the Purchase Contract the above-mentioned inspections. However, Buyer(s) hereby waives inspections and relies upon the condition of the property based upon his own examination and releases the Seller, Broker, and Sal~spersuns from any and ail liability relating to any defec~ or deficiency affecting the property, which waiver shall survive the closing. RADON: (Section No. 3 or No. 4 MUST BE CIRCLED) 3. Within days of acceptance of said Purchase Contract, Buyer(s)'shall have the right to conduct a Radon Inspection at Buyer(s) expense, to be performed by a licensed Radon Inspector. In the event the Radon Inspection Report shows a level of Radon that meets or exceeds the minimum sat by the EPA, the Buyer(s) will ~ve notice to the Seller(s) using the "Response To Radon Inspection Report", within 4 caiandur days afier said inspection. Seller(s) will respond in writing, within 10 days a!~er notification, if Seller(s) are willing to cum/repair the defective condition. If Sailer(s) decline to repair/cum the defective condition, Buyer(s) Shall have 4 days to rescind the cunla'act, in writing. If Buyer(s) do not respond, they } ereby accept the proper~ as ~s . Sellers agree to release Radun mspectaon i~fformstaun unmedlately to buyers. 4. j~uyer(s) have been made aware that independent inspections,, to disclose the level of radonf~ in the property, are awil~hle and has been afforded ~ ~.,Z:~ the opportunity to require, as a condition of the Purchase Contract, such an inspection. However, Buyer(s) hereby waives this inspection, and relies upon the condition of the property based on his own examination and Buyer(s) releases the Seller(s), Broker(s), and 8aiaspersons from any and all liabilities relating to any Radon defect or deficiency, affceting, the property, which waiver shall survive the closing. -. ; ~ ~.' i 01/01 Page l~f2 INSPECTION ADDENDUM - PAGE 2 ADDRESS: 479/4]9 N, Grandview, Dubuque~ Iowa W/OO~D, DESTROYING PEST INSPECTION' (Sect on No 5 or No 6 MUST BE CIRCLED ~ /, 5. }Nithth 3 ~ days of acceptance of said Purchase Contract, Buyer(s) shah have the right to conduct an Inspection at Buyer(~) expense, to be performed ~ Ay ,a licensed Pest Inspector. In the event the Pest Inspection Report shows an evidence of past or present infestation of wood destroying pests the ~ Buyer(s) will give written notice to the Seller(s) within 4 ca endar days after said inspection. Seller(s) will respond in writing, within 4 days after notification, if Seller(s) are willing to cure/repair the defective condition. If Seller(s) decline to mpeir/cure the defective condition, Buyer(s) shall have 4 days to rescind the contract, in writing. If Buyer(s) do not respond, they hereby accept the properly "as's ', relative to pest nfeshation. Buyer(s) may be required to have such inspection by their lender, not sooner than 30 days before closing. Such inspection and any findings are the so~e responsibility of the Buyer(s). 6. Buyer(s) have been made aware of the opportunity to have a pest inspection but cboose to waive such inspection. L?~I~ASED PAINT: (Section No. 7 or No. 8 MUST BE CIRCLED) - REQUDIED FOR PRE 1978 PROPERTIES / 7. }This contract is contingent upon a risk assessment or inspection of the property for the presence of lend-based paint and/or paint hazardst a the ~ /Buyer(s) expense until 9:00 P.M. on the 10'~ caleni:lar day after acceptance of the Pumhase Contract This contingency wi I term hate at the above [,,,.~ predeterafined deadline unless the Buyer(s), or Buyer(s) agent, delivers to the Seller(s) (or Seller(s)'agent) a written contract addendum listing the specific existing deficiencies and corrections needed, together with a copy of the inspection and/or risk assessment report. The Seller(s) may, at the. Seller(s) option, within days after Delivery of the addendum, elect in writing whether to correct the condition(s) prior to settlement. If the Seller(s) will correct the condition, the Seller(s) shall furnish the Buyer(s) with certification from a risk assessor or inspector demonstrating that the condition has been remedied before the date of the settlement. If the Seller(s) tioes not elect to make the repairs, or if the Seller(s) makes a counter- offer, the Buyer(s) shall have days to respond to the counter-offer or remove this contingency and take the property in "as-is" 'condition or this contract shall become void. ~ Intact lend-based paint that is in good condition is not necessarily a hazard. See EPA pamphlet Protect your Family From Lead in Your Horr~ for mom information. 8. Buyer(s) have been made aware of lead- based paint possibility and hereby waives this inspection. WATER TEST (If Applicable) (Section No. 9 or No. 10 MUST BE CIRCLED) 9 Buyer(s) have the right to have a water test performed by a qualified third party at Buyer(s) expense by (date), showing the water safe for human consumption according to the minimum state standards for nitrates and coliform bacteria. In the event the inspection shows water to be unsafe for human consumption, the Buyer(s) will give written notice to the Seller(s)s within 4 calendar days after said inspection. Seller(s) will respond in writing, within 4 days after notification, if Seller(s) are willing to care/repair the defective condition. If Seller(s) decline to repair the defective condition, Buyer(s) shall have 4 days to rescind the contract, in writing. If Buyer(s) do not respond, they hereby accept the property "as is" relative to water inspectiom 10. Buyer(s) have been made aware of the availability of water quality tests and hereby waives this inspection. SEPTIC INSPECTION (If Applicable) (Section No. 11 or No. 12 MUST BE CIRCLED) Buyer(s) have the fight to have a Septic Inspection performed by a qualified third party at Buyer(s) expense by (date) showing the septic system in good working condition. In the event the inspection shows septic not to be in good working condition, the Buyer(s) will give written notice to the Seller(s)s within 4 calendar days after said inspection. Seller(s) will respond in writing, within 4 days after notification, if Seller(s) are willing to cure/repair the defective condition. If Seller(s) decline to repair the defective condition, Buyer(s) shall have 4 days to rescind the contract, in writing. If Buyer(s) do not respond, tbe~, lmmby accept the property "as is" relative to septic inspection. 12. Buyer(s) have been made aware of the availability of septic tank inspection and hereby waives this inspection. All Home Inspection, Water Test and the Septic Inspections and pumping and all other inspections are to be conducted by a qualified third pa~y. Note: VA requires a city or state water quality lab report. RIGHT TO CURE If Buyer(s) waives Buyer(s) fight to require Seller(s) to repair said defective conditions relative to the above inspections, or if Seller(s) agrees to repair said defective conditions, Buyer(s) waives any right to rescind the purchase contract based upon such condition. 2~eller(s) have the right to cure/repair any defective condition discovered by inspections, except ·: L/~,> . (If none so state) If buyers have excluded an area or system from the right to cure a defective condition not previously disclosed, and if an inspection describes a defective condition in the excluded aren or system, this agreement shall be null and void unless otherwise agreed. Buyer(s) and Seller(s) hereby release Brokers and Salespersons from any liability relating to any defect or deficiency or inspection or disclosure affecting the property, which waiver shall survive the closing. The above shall be attached to and made part of said Purchase Contract 01701 Pa~ge 2 of 2 / ~/ For use by Dubuque Multiple Listing Service members only. Date__ Date AGENCY POLICY DISCLOSURE AND ACKNOWI~F~DGMENT (To be signed by Buyer or Seller at time Specific Assistance is first provided or if no Specific Assistance is provided, to be signed at time &the offer.) - When you enter into a discussion with a real estate licensee regarding a real astute'transaction, you should ~om the outset, understand who the licensee is rep- resenting in the transaction. More impormntiy, you should understand how the agency relationship impacts your relationship with the licensee. The term "Broker" shall haremaffer refar to' (Brokerage) 'r, '~ r~ct ~ ~" ,'~ ~wa.. ,* ~'~,~ ..... '~t- RE[-~_ , and Broker's affiliated sales associates (licensees). The term~ Seller' shall hereinafier refer to Seller. or landlord The term "Buyer" shall hereinafter refer to Buver or tenant A. IT IS. TIlE POLICY OF THE BROKER NAMED ABOVE TO OFFER I'ttE FOLLOVONG TYPES OF AGENCY RELATIONSHIPS TO THE CONSUMER IN TIlE REAL ESTATE TRANSACTION. Iowa law requires a brokerage company to clearly disclose their company's policy on representing Buyers and Sellers in the transaction. Gl 1. SELLER AGENCY. Single Seller Agency exists when the Broker and the Seller enter into an "Exclusive Right to Sell" listing agreement and the prol> arty is sold to a Buyer not represented by this Broker, a "Customer." The Broker and Broker's affiliated sales associates policy is to represent the Seller exclu- yas their "Client." In single Seller agency, the Broker represents only the Seller in the · BUYER AGENCY. Single Buyer Agency exists when the Broker and the Buyer, by agreement or through a written "Buyer Agency Agreement," enter rote a brokerage agreement for the Broker and affiliated sales associates to relxesent the Buyer as a "Client" in the transact/on. The Seller would either be yep- resented by another Brokerage Company or would be representing himselffherself and would be considered the "Customer" in the transaction. 1~ 3. CONSENSUAL DUAL AGENCY. Brokerage DualAgency exists when the Broker has previously represented the Seller exclusively as a "Client" through the "Exclusive Right to Sell Real Estate" listing agreement and also has previously represented the Buyer exclusively as a "Client" through agreement or a writ- ten "Buyer Agency Agreement" and now the "Buyer Chant" wishes to enter rote discussions, view, or negotiate for purchase a property that is listed by the Broker therefore representing the "Seller Client" as well. It is the Policy of the Broker to offer to act as a Consensual Dual Agency in this transaction. Under this cir- cumstanae prior to acting as a Dual Agent, the Buyer and the Seller MUST sign a Dual Agency Consent Agreement. NOTE: Representing more than one party to a transaction can create a conflict of interest since both "Clients" may rely on the Licensee' advice. Buyer and Owner are not required to consent to dual agency. Iowa Law (543.B56) Requires the Broker to Disclose to All Parties the Duties that the Broker Owes to the Consumer(s) in the Transaction: B. DUTIES OF A REAL ESTATE LICENSEE TO ALL PARTIES TO THE TRANSACTION. In Providing brokerage services to ali parties (Customer or Client) to a transaction, a lieansee shall do all of the following: 1. Provide brokerage sereices to all patties to the transaction honestly and in good faith 2. Diligently exercise r.~asonab e skill and care in providing brokerage services to all parties 3. Disclose to each part~ all material adverse facts that the licensee knows except for the following: a. Maten2d adverse facts known by the party b. Material adverse facts the party could discover through a reasonably diligent inspection, and which would ha discovered by a reasonably prudent person under ~ike or similar circumstances c. Material adverse facts the disclosure of which is prohibited by law d. Material adverse facts that are known to a person who conducts an inspect/on on behalf of the party · Account for ail property coming into the possession ora hcensee that belongs to any party within a reasonable time of receiving the property C. DI3T1ES OF A REAL ESTATE LICENSEE TO A CLIENT TO THE TRANSACTION. In addition to the licensee's duties under subsection (B), a licensee providing brokerage services tea client shall do all &the following: I. Place the client's interests ahead of the interest of any other party, unless loyalty to a client violates the licensee's duties under Subsection B, section 543B.58 (Licensees representing more than one client in a transaction) or under other applicable law. _. 2. Disclose to the client ali information known by the licensee that is material to the transact/on and that is not known by the client or could not be discovered:by the client through a reasonably diligant jmspect/on. 3. Fulfill any obligation that is within the scope of the ager~:y agreement, except those obligations that are inconsis}~ent with other duties that the licens ee has under this chapter or any other law. 4. Disclose to a client any financial interests the licensee or the brokerage has in any business entity to which the licensee or brokerage refers a client for any service or product related to .~e,~. ~a~sactinn. NOTE: BrokerfLicensee has no financial interest in the foIIowfag business entity: (State any interest here) N~ ~: ACKNOWLEDGMENT OF AGENCY DISCLOSURE The undersigned have read this disclosure and understand the type of representation being offered to them by the Broker. The undersigned acknowledge receipt of this agency disclosure. This is a disclosure notice ONLY! The providing of the disclosure is required by Iowa Law of all Licensees. Sigding &the disclosure does not obligate you in any way. If you do not understand this document, seek the advice of the legal counsel of your choice, before signing, This document is not a Buyer Broker or Listing Agreement. ? (: .J~}. Buycr/~Tenant Gl Seller/Landlord i 121 Buyer/Tenant ~ Seller/Landlord Agent (for Broker) . .'// --' '~..5-'/ 5~?.~-~' REQIJEST TO COMPLETE FORM DOCUMENTS ..Buyar.(s)/Seller(s) Request that Broker select, prepare and complete form documents as authorized by Iowa [aw or rule. (Iowa Supreme Court Rule 118A.3) Buyer/Tenant GI Seller/Landlord ' ,,. "!/ ."'fl I' i~ ,. ~, ~_~./:~i.~//' / ..~ -~ ~ (~ [ ~ ~ ~-~ Date DBR4 10/02 No ~arbon NeedeiJ ADDENDUM-DBR 3 AMENDMENT TO PURCHASE AGREEMENT .In reference to Agreement of Sale between ,: , ·, ,,. ~e Seller(s), dated , ~-~//" ' , . ,. ~"&' ~' ~ ,~vedng t~' mai pmpe~ ~mmonly known as the undemigned Pumhaser(s) and Seller(s) hereby, ague to the foxing: The herein agreement, upon its execution by both parties, is herewith made an integral part of the aforementioned Agreement of Sale, ~ Dated: -~/~-t¢5''' ,-'~/~ '~ Dated: ~ .~ · ~ ,~ Purchaser ~" Purchaser WltrCess . ~. ~', ~ ~. ~ .... .~. ~ ~ Agent Witness A~o~HREE~b~¢~ J~rd ~f R~all~, I~c, Seller Seller Agent .o C~r~;;"",~o. AMENDMENT TO PURCHASE AGREEMENT ADDENDUM-DBR 3 In reference to Agreement of Sale between ,~'~h~'-~ L-'~.,,/ ~/,~¢'.;.~L,~r~' ~ h:..F i ....... ~ ~.~ ~ -7' ~':~ the Purchaser(s), and ,-. - ~,~ the Seller(s), dated .-.L.,/ .; , .~.--.~ c~ ~.; ~ ,covering the real property commonly known as the un'reigned Purchaser~) and S~ller(s) hereby agree to ~e followin¢' The herein agreement, upon its execution by both parties, is herewith made an integral part of the aforementioned Agreement of Sale. Dated: .... ~ ~ , ¢~,M ~ Dated: ' '- ~ - ~ Purchaser ; ¥ ~:~(-~ . ,,/ 7 ,,(}/ : Purchaser . . .::~::, , .: ,/. , , Wi~ess ?~e.~ _~..~:.--":z'.~,~ .,¢? ~ ~ Agent Witness ...- , . / ; .,'/ ~d~ndum~TNRE[-DuBuque 8o~r~f Rea to~, Seller Seller Agent Ho Carbon Needed ADDENDUM-DBR 3 AMENDMENT TO PURCHASE AGREEMENT the Sel, ler(s),.dated ~/~-/~"~; ~ ' ' , ~ - ,covering the real property commonly known as thee ~de~signed Purchaser(s)~d Seller(s) hereby agree to the fo[~ving: ~ ~) / . / / vv ' '' / . / ' ' ~ ' ' / ' Dated: ~-,//~"' The herein agreement, upon its execution by both parties, is herewith made an integral part of the aforementioned Agreement of Sale. Purchaser ' JJ Seller Agent Witnes -.. _ Agent -. > ,,,.,.-,' ,.,,~ ~,,, ~,~,,,,_,,.~ ._ ,,.~ .~"~/-'","~ No Carbon Needed ADDENDUM-DBR 3 AMENDMENT TO PURCHASE AGREEMENT in the Purchaser(s), commonly known as The herein agreement, upon its execution by both parties, is herewith made an integral part of the aforementioned Agreement of Sale, Agent L_ A~d u~HRE;~jB~e~ "ealtors, Inc. Dated: ~a/~/~ ~) Seller Seller Agent ~,se by dated Np ~n Needed COUNTER OFFER ADDENDUM -- DBR 1 In response to the offer to purchase the reel proper'b/commonly known as /'7//~ ~L ~ ~ the followigg Cou.nter Offer is hereby submitted: / OTHER TERMS: All other terms to remain the same. NOTE: This Counter Offer shall expire unless prior to ~ .5'~',~' ~, m. on the day of /v~ A r'£ ~ ~ ~' , buyer(s) shall accept this Counter Offer by: (1) Signing the Acceptance of Counter Offer below; and (2) Delivering a copy of the signed Acceptance of Counter Offer to owner(s) or owner(s)" listing agent, Owner(s) reserve the right to withdraw this Counter Offer, before its expiration, by written notice delivered to buyer(s) or buyer(s)' agent prior to buyer(s)' compliance with paragraphs (1) and (2) above. Seller's Signature /' Salle~'s Signature ACCEPTANCE OF COUNTER OFFER The undersigned buyer(s) accept the above Counter Offer this ~ ,at .m. Buyer Buyer day of RECEIPT - The undersigned owner(s) or owner(s)' listing agent acknowledges receipt of a copy of the above accepted Counter Offer this day of , , at ~. m.~ Owner (or Listing Agent) Signature of Listing Agem creates a binding contract. Addendum ONE--Dubuque Board of Realtors 1999 Owner (or Usting Agent) CITY OF DUBUQUE,. IOWA OFFICIAL NOTICE NOTICE is hereby given that the Dubuque City Council will conduct a public hearing at a meet- ing to commence at 6:30 P.M. on October 20, 2003, in the Public Library Audi- torium, 360 West 11th Street, to consider amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by rezoning hereinafter described property located at 419 and 485 North Grandview Avenue / 1755 Bennett Street / 1730 Grace Street from R-1 Single Family Residential District to C-2 Neighborhood Shopping Center District at the re- quest of Grandview Ave- nue United Methodist Church / Ambrose and LaVerne Klein, Shane Klass / Robert and Naoko• Crippes. (Copy of sup- porting documents are on. file in the City Clerk's Office and may be viewed during normal working hours.) Written comments re- garding above reclassifi- cation may be submitted to the City Clerk's Office. on or before said time of public hearing. At said time and place of public hearing all inter- ested citizens and parties will be given an opportu- . nity to be heard for or against said reclassifica- tion. Any visual or hearing impaired persons needing special assistance or persons with special ac- cessibility needs should contact the City Clerk's Office at (563) 589-4120 or TDD (563) 690-6678 at least 48 hours prior to the meeting. /s/Jeanne F. Schneider, CMC, City Clerk 1t 10/10 STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION 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: October 10, 2003, and for which the charge is $15.01. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this /0z day of (0,..0 , 20 ,03 Notary Public in and for Dubuque County, Iowa. MAs" f tl a r ERTERMEYER Comenl€6lon Bomber 154885 ,oW, My Comm. Exp. FEB. 1, 2005