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Request to Rezone_End of Radford Court, Flint Drake, and Related DocumentsNovember 15th, 2010 Honorable Mayor and City Council, I, John W. Herrig, herby request you to table the Rezoning Request of John Herrig / Flint Drake / Radford Development L.L.C. till your December 6th, 2010 meeting. I thank you in advance for your consideration in this matter, Respectfully John W. Herrig Kevin Firnstahl - Radford Development LLC Application From: "Flint Drake" <fdrake @drakefreund.com> To: <j schneid @cityofdubuque.org> Date: 10/15/2010 12:44 AM Subject: Radford Development LLC Application Page 1 of 1 Jeanne: Can you please table the Radford Development LLC re- zoning application and set it for the first meeting in November? John Herrig is out of town and will be available for the early November meeting. Please let me know if you need anything further to table this issue until the first meeting in November. Thank you. Drake Freund, P.C, ATTORNEYS D. Flint Drake Drake & Freund, P.C. 1005 Main Street, Suite 200 Dubuque, IA 52001 Telephone: (563) 582 -2000 Facsimile: (563) 583 -5225 www.drakefreund.com This e -mail is confidential. It is sent pursuant to the attorney -client privilege doctrine. It may not be used by any person other than its addressee(s). Please contact the sender if you have received this e -mail in error. This e -mail and any attachments are believed to be free of virus or other defect. However, as with all e -mail and attachments, you should scan each to verify that it is virus free. Drake & Freund, P.C. is not responsible for loss or damage arising from use of this e -mail Contact info(a,drakefreund.com for assistance. Any discussion of tax matters contained herein is not intended or written to be used, nor can it be used, for the purpose of avoiding any penalties that may be imposed under federal tax laws. file: / /C: \Documents and Settings \kfirnsta \Local Settings \Temp \XPgrpwise \4CB7FE16DB... 10/19/2010 Planning Services Department City Hall 50 West 13th Street Dubuque, IA 52001 -4864 (563) 589 -4210 phone (563) 589-4221 fax (563) 690 -6678 TDD planning@cityofdubuque.org The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 1 3 th Street Dubuque IA 52001 Dear Mayor and City Council Members: Masterpiece on the Mississippi Dubuque ' �11 ' 2007 October 12, 2010 Applicant: John Herrig / Flint Drake / Radford Development LLC Location: End of Radford Court Description: To rezone property from C -2 Neighborhood Shopping Center District to R -4 Multi - Family Residential District. The City of Dubuque Zoning Advisory Commission has reviewed the above -cited request. The application, staff report and related materials are attached for your review. Discussion The applicant spoke in favor of the request, reviewing the proposed rezoning and his intent to construct 20 townhomes on the 1.8 acre parcel. The applicant distributed a concept layout and photos of similar units. Staff reviewed surrounding zoning and land use, access to the site, storm water control requirements, and past issues with storm water in the subdivision. There were several public comments concerning storm water runoff, loss of privacy, school children cutting through property and access to the site. The Zoning Advisory Commission discussed the request, reviewing difference in allowed uses between C -2 and R -4, potential for impervious area, play area for children, surrounding zoning and land use and appropriateness of residential units with commercial businesses on three sides. Recommendation By a vote of 4 to 3, the Zoning Advisory Commission recommends that the City Council approve the request, subject to restricting the height of the townhomes to 30 feet. Service People Integrity Responsibility Innovation Teamwork The Honorable Mayor and City Council Members Page 2 A simple majority vote is needed for the City Council to approve the request. Respectfully submitted, Jeff Stiles, Chairperson Zoning Advisory Commission Service People Integrity Responsibility Innovation Teamwork THE CITY OF DUB Masterpiece on the Mississippi ['Variance ['Conditional Use Permit DAppeal ❑Special Exception ❑Imited Setback Waiver 'Rezoning Please rice or print leeaibly in• Property owner (s): L' ki / Petty (s ) Address: Property Owner(s): Applicant/Agent: ['Planned District ['Preliminary Plat ['Minor Final Plat ❑Text Amendment ['Simple Site Plan ['Minor Site Plan Dubuque 'V II I► 2007 PLANNING APPLICATION FORM City: Fax Number: , 57, 3 -:J d.2:.c Cellular umber: E -mail Address: Applicant/Agent: _ 76 • ef77 Phone: 6A3 l/ 3- Address: 7373 City tater-44-.. Zip:1/4_5 Fax Number: ( 02-- 3 ,33- l Cellular Number: _E -mail Address: - 33 Site location /address: /02 e: &3 4, Existing zoning: l - 2 Proposed zoning: Historic District: ,(r Legal Description (Sidwell parcel ID# or lot number /block number /subdivision): Total property (lot) area (square feet or acres): [(c!r-eS L .' /d a0- D � �3b ' . //' /� Describe pro sal and reason necessary (attach a letter of explanation, if needed):. z.vez� 7����� � �/ CERTIFICATION: I /we, the undersigned, do hereby certify that: 1. It is the property owner's responsibility to locate property lines and to check your abstract for easements and restrictive covenants. 2. The information submitted herein is true and correct to the best of my /our knowledge and upon submittal becomes public record; 3. Fees are not refundable and payment does not guarantee approval; and 4. All additional required written and graphig materials are attached. FOR OFFICE USE ONLY - APPLICATION AL ECKLIST n Fee 'idy OD Received by: 2 ' Date: /3'3061gocket: ❑ Site /sketch piano Conceptual Development Plan ❑Photo ❑ Plat ❑ Improvement plans ❑ Design review project description ❑ Floor plan ❑ Other: ['Major Site Plan ❑Major Final Plat ❑Simple Subdivision ['Annexation ['Temporary Use Permit City of Dubuque Planning Services Department Dubuque, IA 52001 -4864 Phone: 563-589-4210 Fax: 563 - 589 -4221 ❑Certificate of Economic Non - Viability ['Certificate of Appropriateness ['Historic Designation eighbor � Association Other: - R 011 '0, 1 Phone: sot, —� 0 State:•- Date: Date: Landmark: Base Data Provided by Dubuque County GIS 1 Dubuque aea�nnWn irri r 2007 THE CITY OF DUB Masterpiece on the Mississippi Vicinity Map N Applicant: John Herrig / Flint Drake / Radford Development LLC Location: End of Radford Court Description: To rezone property from C -2 Neighborhood Shopping Center District to R -4 Multi - Family Residential District. City limits Dubuque Asbury Proposed Area to be Rezoned Zoning 1020406085 1020406036 1020406010 1020406007 1020406008 1020406009 1020451009 1020451008 1020406012 1020406013 1020406014 4020406037 • 1020406039 1020406005 1020403008 1020403007 1020404001 1020404002 1020451003 `Notice - These maps are compiled for assessment and tax information purposes from official county records. All map information shown is for the forgoing purpose and does not represent a survey of land. P. \10\ 312212- 01\°RAIWIGS \GVl \10212- 01 c0NCEP1 -3.0Y0 9/20/2010 1200:07 00 Ju CRUSE rn i r IIW ENGINEERS & SURVEYORS, P.C. 0113001[[. EVPJ=Lt n00000 P..,_ Ye.e, _ men fltI.: MINT V.t6'R Issued Rel.: i... 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Herrig Proposed Land Use: Residential Proposed Zoning: R -4 Existing Land Use: Vacant Existing Zoning: C -2 Adjacent Land Use: North — Commercial Adjacent Zoning: North — C -2 East — Residential East — R -3 South — Commercial South — CS West — Commercial West — C -2 Former Zoning: 1934 — County; 1975 — County; 1985 — AG Total Area: 1.8 acres Property History: The subject property was previously used for agriculture prior to its platting in 1991 as part of Sunnyslope Estates. The property is currently vacant. Physical Characteristics: The subject property is located in the southeast corner of Radford Court and drains to the southeast. Concurrence with Comprehensive Plan: This request involves the Comprehensive Plans Land Use Goals: 1.2, 1.5, 6.1, 7.2, and 7.1. Impact of Request on: Utilities: Existing utilities are adequate to serve the site. Traffic Patterns /Counts: Radford Road carries approximately 6,200 ADT based on 2009 IDOT counts. Public Services: Existing public services are adequate to serve the site. Environment: Staff does not anticipate any adverse impact to the environment provided adequate erosion control is provided during all phases of development of the parcel, and the City's storm water control regulations and policies are complied with. Adjacent Properties: Planning staff anticipates that adjacent properties will be somewhat impacted by development of the parcel through the potential for higher ambient light level. Rezoning Staff Report — End of Radford Court Page 2 CIP Investments: None proposed. Staff Analysis: The applicant is requesting rezoning of the 1.8 acre parcel at the end of Radford Court from C -2 Neighborhood Shopping Center District to R -4 Multi - Family Residential District. The parcel was once part of a large farm and was included as part of the Sunnyslope Estate Subdivision in 1991. The subject parcel has never been developed. The R -4 Multi - Family Residential District allows for the development of residential buildings from single - family homes to 12 units in a building. The Unified Development Code allows the construction of larger residential multi - family structures over 12 units in the R -4 District, provided they receive a conditional use permit from the Zoning Board of Adjustment. The Zoning Board of Adjustment holds a public hearing where property owners within 200 feet would be notified by mail by City staff. The 2030 Future Land Use Map included as part of the City's Comprehensive Plan designated the parcel for commercial use. The property had been zoned C -2 since its platting in 1991, and Planning staff would note that the Comprehensive Plan's Future Land Use designation reflects the existing zoning. The surrounding property is developed for a mixture of commercial and residential uses. The land immediately adjacent to the subject parcel on the east border is zoned R -3 Moderate Density Multi- family Residential District and is developed for a mixture of single and two- family residential homes. Sunnyslope Estates subdivision was a large development that included both single - family, two- family, multi - family and commercial parcels. The original platting of this subdivision included R -3 and R -4 zoning along the western portion of the residential section of the subdivision to act as a buffer between the commercial zoning and single - family zoning to the east. The proposed rezoning to R -4 could be viewed as an extension of the existing R -3 zoning in that it would provide an additional buffer between the existing single and two - family homes and the commercial properties fronting on Radford Road. The proposed rezoning to R -4 also represents a Tess intense zoning designation than the existing C -2 Neighborhood Shopping Center District. Conversely, the proposed rezoning, if approved, would extend residential zoning into an area developed for commercial uses on three sides. Access to the property will be from Radford Court. Planning staff recommends that the Zoning Advisory Commission review Article 9 -5 of the Unified Development Code that establishes the criteria for the review of rezoning requests. Prepared by: /17 Reviewed:,v/,i Date: 9Z15./0 1755 �;• ., . 11 14989 1 5 -6 R -4 Multi- Family Residential The R -4 District is intended to provide residential areas of moderate to high density developments located adjacent to a major street and serves as a buffer or transition between commercial development, non - residential uses, or heavy automobile traffic and medium density residential development. 5 -6.1 Principal Permitted Uses The following uses are permitted in the R -4 District: 1. Cemetery, mausoleum, or columbarium 2. Place of religious exercise or assembly 3. Multi - family dwelling (three to 12 units per buildings) 4. Public or private park, golf course, or similar natural recreation area 5. Public, private, or parochial school approved by State of Iowa (K -12) 6. Railroad or public or quasi - public utility, including substation 7. Single - family detached dwelling 8. Townhouse (three to 12 units laterally attached) 9. Two - family dwelling (duplex) 5 -6.2 Conditional Uses The following conditional uses may be permitted in the R -4 District, subject to the provisions of Section 8 -5: 1. Licensed adult day services 2. Bed and breakfast home 3. Bed and breakfast inn 4. Group home 5. Hospice 6. Housing for the elderly or persons with disabilities 7. Licensed `child care center 8. Mortuary, funeral home, or crematorium 9. Multi- family dwelling of 13 or more units 10. Nursing or convalescent home 11. Off - premises residential garage 12. Off-street parking 13. Rooming or boarding house 14. Wind conversion energy system 15. Tour home 16. Tourist home 5 -6.3 Accessory Uses The following uses are permitted as accessory uses as provided in Section 3 -7: 1. Detached garage 2. Fence 3. Garage sale, provided that not more than three such sales shall be allowed per premises per calendar year and not more than three consecutive days per sale 4. Home -based business 5. Noncommercial garden, greenhouse or nursery 6. Off -street parking and storage of vehicles 7. Satellite receiving dish 8. Solar collector 9. Sport, recreation, or outdoor cooking equipment 10. Storage building 11. Tennis court, swimming pool or similar permanent facility 12. Wind turbine (building- mounted). 5 -6.4 Temporary Uses Temporary uses shall be regulated in conformance with the provisions of Section 3 -19. 5 -6.5 Parking Minimum parking requirements shall be regulated in conformance with the provisions of Article 14. 5 -6.6 Signs Signs shall be regulated in conformance with the provisions of Article 15. 5 -6.7 Bulk Regulations R -4 Residential Setbacks Permitted Uses Single-Family Two - Family Bed and Breakfast Inn Nursing Home Housing, Elderly Mortuary, Funeral Home Off - premise residential garage Religious Exercise or Assembly Conditional Uses Rooming and Boarding House Group Home Hospice Licensed Childcare Center, Licensed Adult Daycare ! 5,00 Bed and Breakfast Home Min Lot Min Lot Max Lot Min Max Area Frontage Coverage Side Min Rear Height (square (% lot feet) (feet) area) Min Max (feet) (feet) (feet) 5,000 5,000 Multi - Family (12 du max) _ 2,000 /du Townhouse (12 du __ max) 1 ,600 /du 16 /du_ School, Place of ! 20,000 100 5,000 50 5,000 50 5,000 50 50 ( 40 50 i 40 50 50 5,000 50 20,000 100 20,000 100 20,000 100 40 20 40 40 40 40 40 40 Front (feet) 20 50 20 20 20 20 20 20 40 20 5,000 50 40 20 50 40 20 50 40 20 - -- 40 20 20 50 3 1 0/3 1 3 20 20 4 20 30 4 20 30 20 20/0 20 20 20 20 20 40 40 75 2 20 40 20 40 20 40 20 40 20 30 20 20 20 30 40 40 40 3 6 15 1 Plus one additional foot •er floor above the second floor. 2 May be erected to a height not exceeding 75 feet, provided that such buildings shall provide at least one additional foot of yard space on all sides for each additional foot by which such building exceeds the maximum height limit of the district in which it is located. Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St Telephone: 589 -4210 Return to: Jeanne Schneider, City Clerk Address: City Hall- 50 W. 13 St Telephone: 589 -4121 ORDINANCE NO. 10 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT THE END OF RADFORD COURT FROM C -2 NEIGHBORHOOD SHOPPING CENTER DISTRICT TO R -4 MULTI - FAMILY RESIDENTIAL DISTRICT, WITH CONDITIONS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is hereby amended by reclassifying the hereinafter - described property from C -2 Neighborhood Shopping Center District to R -4 Multi - Family Residential District, with conditions, to wit: Lot 2 Block 11 Sunnyslope Estates, 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. Attest: Passed, approved and adopted this day of 2010. Jeanne F. Schneider, City Clerk Roy D. Buol, Mayor MEMORANDUM OF AGREEMENT Pursuant to the Iowa Code Section 414.5 (2007), and as an express condition of rezoning of the property described as: Lot 2, Block 11, Sunnyslope Estates, and to the center line of the adjoining public right -of -way, all in the City of Dubuque, Iowa. which is the subject of Ordinance No. -10 , a copy of which is attached hereto and incorporated herein by reference, the undersigned property owners, agree to the following conditions, all of which the property owner further agrees are reasonable and are imposed to satisfy public needs which are caused directly by the rezoning: A) Performance Standards 1) That the maximum building height be limited to 30 feet as defined by the Unified Development Code. B) Modifications. Any modifications of this Agreement shall be considered a zoning reclassification and shall be subject to the provisions of the Unified Development Code governing zoning reclassifications. All such modifications must be approved by the City Council of Dubuque, Iowa. D) Recording. A copy of this Agreement shall be recorded with the Dubuque County Recorder as a permanent record of the conditions accepted as part of this rezoning approval within ten (10) days of the adoption of Ordinance No. -10. E) Construction. This Agreement shall be construed and interpreted as though it were part of Title 16 of the Code of Ordinances of the City of Dubuque, also known as the Unified Development Code of the City of Dubuque, Iowa. F) This Agreement shall be binding upon the undersigned and his /her heirs, successor and assignees. ACCEPTANCE OF ORDINANCE NO. -10 I, Flint Drake, having read the terms and conditions of the foregoing Ordinance No. -10 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this day of 2010. By Flint Drake Radford Development, LLC ACCEPTANCE OF ORDINANCE NO. 10 I, John W. Herrig, having read the terms and conditions of the foregoing Ordinance No. -10 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this day of 2010. By John W. Herrig THE CITY OF DUB MEMORANDUM TO: Michael Van Milligen, City Manager Cindy Steinhauser, Assistant City Manager Jeanne Schneider, City Clerk Barry Lindahl, City Attorney FROM: Laura Carstens, Planning Services Manager SUBJECT: Percentage of Opposition for Proposed Rezoning on Radford Court. October 14, 2010 Planning Services staff has reviewed a petition and letters submitted by adjacent property owners opposed to the rezoning request submitted by Radford Road Development, LLC, for property located on Radford Court. The request is to rezone the property from C -2 Neighborhood Commercial district to R-4 Multi - Family Residential district. The Zoning Advisory Commission approved the rezoning request with one condition at their October 6, 2010 meeting. The property in opposition equals 31.7% of the 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. WILLIAM J. MAIERS CHADWYN D. COX MARK J. SULLIVAN JOHN T.NEMMERS TODD N. KLAPATAUSKAS' KIM C. RODDICK' NATALIA H. BLASKOVICH COLISTA K. SCHMITT" GINA L. KRAMER" Dear Ms. Schneider: Rl REYNOLDS & KENLINE L.L.P. LAW FIRM SINCE 1890 October 13, 2010 110 EAST 9TH STREET P.O. BOX 239 DUBUQUE. IA 52004 -0239 k (563) 556-8000 ..n (563) 556 -8009 OFFICE@RKENLINE.COM Es WWW.RKENLINE.COM Q o - M 6 G N W City Clerk Jean Schneider, JE City of Dubuque - G _ m City Hall T�•x _ rn 50 West 13 Street o `' Dubuque, IA 52001 -4805 We are interested in the application filed by John Herrig / Flint Drake / Radford Development, L.L.C. to rezone certain property on Radford Court from C -2 neighborhood shopping center district to R -4 multi - family residential district. We appeared at the October 6, 2010 Zoning Advisory Commission meeting regarding this issue and were told that the matter would be referred on to the Dubuque City Council for consideration and public hearing on October 18, 2010. I learned today that the applicant will be out of town and unavailable on October 18 and accordingly is requesting that the matter be rescheduled to November 1, 2010. Many of the affected property owners adjacent to and in the vicinity of this property have already made plans to attend the October 18, 2010 city council meeting. Those in attendance at the October 6, 2010 Zoning Advisory Commission meeting, including the applicant, were told at that time that the City Council would hold a public hearing on that matter on October 18, 2010. I presume that a notice was also published as to that public hearing. In the event that the applicant's request to move this public hearing is granted I would respectfully request that it be scheduled for November 15, 2010, rather than November 1, 2010, because my wife and I will both be out of the country on November 1, 2010, but would be available November 15, 2010. My wife owns property within 200 feet of the parcel and opposes the rezoning. R1 REYNOLDS & KENLINE L.L.P. LAW FIRM SINCE 1890 Page (2) Please convey these concerns to Mayor Buol or whoever will be acting upon the applicant's request to reschedule this matter. Please advise me of the decision as soon as possible so that we can inform the interested property owners and affected citizens as soon as possible. MJS /smp Sincerely, i Mark J. Sullivan WILLIAM J. MAIERS CHADWYN D. COX MARK J. SULLIVAN JOHN T. NEMMERS TODD N.KLAPATAUSKAS* KIM C. RODDICK' NATALIA H. BLASKOVICH COLISTA K. SCHMITT" GINA L. KRAMER" REYNOLDS & KENLINE LAW FIRM SINCE 1890 1 110 EAST 9TH STREET P.O. BOX 239 DUBUQUE. IA 52004 -0239 (563) 556-8000 , A), (563)556-8009 a:. OFFICE@RKENLINE.COM .acts WWW.RKENLINE.COM l J October 13, 2010 0 c) �. TO: Honorable Mayor Roy Buol y Members of Dubuque City Council C (D RE: Rezoning Application Submitted by John Herrig / Flint Drake / Radford Development L.L.C., to Rezone Property from C -2 Neighborhood Shopping Center District to R-4 Multi- family Residential District J 0 —4 sa• 3 J C.11 iV The applicants seek to rezone a 1.8 acre parcel located on Radford Court from C -2 to R -4. The property is one of four lots on Radford Court. The other three parcels are fully developed commercial lots. To the north of this property is Westside Glass. To the west is St. Vincent DePaul's Warehouse and Retail Store. To the northwest is the former Dollar General building, Snap Fitness Center, a beauty shop and a financial services office. To the south is a storage garage complex and to the southwest the Vitacare Physical Therapy building. Radford Court connects to Radford Road. Most of the property along Radford Road in this vicinity is zoned commercial. East of this parcel is the Sunnyslope residential subdivision. The west side of Hummingbird Drive, in Sunnyslope, is zoned R3. There are a few duplexes, one three plex, and several single family homes there. The rest of Sunnyslope to the east is all single family residences. I represent my wife, Mama Sullivan who is the owner of a duplex located at 1921 -1923 Hummingbird Drive. This property is adjacent to and immediately east of the commercial parcel that is the subject of this rezoning application. We are opposed to this rezoning request. All 18 of the property owners who own residential property within 200 feet of this parcel have signed the enclosed Petition opposing this rezoning request. In addition 54 other residents and property owners in the area of Sunnyslope to the east of this parcel have signed the other enclosed Petition opposing this rezoning application. We have been advised by City Planning staff that if you grant this change to R -4 for multi - family residential, based on the size of this parcel, there could be over 39 residential units developed in this space. The applicant submitted a drawing that showed only 20 units in three buildings, plus a free standing eight stall garage building. The applicant would in no way be limited to that many units. That drawing shows a 12 unit structure and a 4 unit structure along the eastern boundary of the parcel. These buildings sit only 20 feet from the eastern property line and run a length of 320 feet, with10 feet between the two buildings. The R -4 classification allows a structure 40 feet tall. There is one other building shown on the southwest part of the lot. At the Zoning Commission hearing on October 6, 2010, the application was granted by a 4 to 3 vote. However, the Commission imposed a 30 foot height restriction in response to some of the neighbor's concerns. It is our understanding that the Council could lift that condition. The parcel is relatively flat and sits considerably higher than the residential area immediately to the east of it. The Unified Development Code, Section 2, Article 9 -5 -(A) provides: 2 "The City Council finds that the reclassification of property is a sensitive and important legislative function which, in the interest of maintaining uniform zoning policies and the integrity of the comprehensive plan, should only be exercised sparingly and under proper conditions. For this reason, and because the original zoning district boundaries under this code are presumed to be correct and appropriate, it shall hereafter be the policy of the city to reclassify property only where a clear showing has been made that the original classification was a mistake or that circumstances and conditions affecting the property in question have so materially changed so as to demand reclassification in the public interest." Subsection B of article 9 -5 provides in part: "In all cases, the burden shall be upon the persons seeking reclassification to demonstrate that the requested re- classification is more appropriate than the present classification, in light of the characteristics of the property and the public welfare." A copy of this language is included for your reference. It is our sincere belief, which was shared by three of the seven zoning commission members, that the applicants have failed to sustain their burden of proof with regard to this reclassifcation application. Specifically, they have failed to show that the original zoning of this property as C -2, consistent with most property on Radford Road and all the other property on Radford Court, was in any way a mistake. They have also failed to show that any circumstances or conditions affecting this particular property in question have materially changed in any way so as to demand reclassification of this property. This property is surrounded on three sides by fully developed commercial lots. See the attached plat which shows the adjacent commercial property, most of which is fully developed. (Shaded in yellow). The public most affected this rezoning application, namely the residential property owners directly abutting and within 200 feet of this parcel, have spoken loudly 3 and clearly by signing the enclosed petition in opposition to this rezoning application. See the enclosed plat which shows the location of the residential properties within 200 feet, all opposed to this rezoning application, shaded in yellow. City staff has indicated that despite the current economic conditions which have slowed much commercial development in this area, they have continued to have serious inquiries by parties interested in developing this property for uses already available under the current C -2 zoning classification. In addition to the above stated reasons, we believe that the proposed multi- family residential development of this property, will adversely affect the use and enjoyment of 1921 -1923 Hummingbird Drive as well as the use and enjoyment of the other single family homes and duplexes that abut this property. A 30 or 40 foot structure only 20 feet from the property line, which is located at the base of a steep hillside, more than 300 feet in length, will loom very large and bring the windows and patios and decks of up to 39 residences directly into the back yards of the existing residences. The change from C -2 commercial zoning to R -4 residential zoning will eliminate the obligation of the developer of this parcel to provide any screening along the boundaries between these properties. This is a significant concern. Affected property owners and residents have expressed concerns about water run off from this development. If the developers do in fact shave down the bank on the eastern boundary of this parcel, as they said at the Zoning Commission meeting, and build a large structure with a roofing system and down spouts, this will cause significantly more run off into an already overtaxed drainage area at the base of that bank. Regardless of how this parcel is ultimately developed there must be a better 4 effort to control run off to prevent damage to the down hill residential properties. There have been safety concerns expressed about such a dense concentration of residential units at the back or end of a court that is otherwise completely developed as commercial property complete with truck and semi truck traffic. There is only one legitimate way out from this parcel, through Radford Court. There are also concerns that there will be increased pedestrian traffic through these back yards on Hummingbird Drive as children would likely cut through to access the convenience store located at the corner of Pennsylvania and the Northwest Arterial. In addition high school age students would likely cut through to take the most direct route to Hempstead High School. Most of the existing commercial uses on the other lots on Radford Court are limited to daytime hours. There is very little activity in the evening when the residents in Sunnyslope are home and in their back yards. On the other hand 39 residential units would much more significantly impact the use of the residences in Sunnyslope, because these tenants would be home at the same time the Sunnyslope residents would be home. I have enclosed a series of photographs that will hopefully assist you in concluding that the current C -2 zoning classification was appropriate and was not a mistake. They will show that the conditions affecting this property have not materially changed so as to demand the requested reclassification. In addition, hopefully these photographs will help you to understand the concerns of the abutting property owners and residential neighbors in the vicinity to the east of this parcel. Photograph A -1 is taken looking generally to the south and shows the parcel in question. The photo shows a portion of the existing Radford Court and the east side of 5 the St. Vincent DePaul building, a portion of the Vitacare Physical Therapy Building, and the garage storage facility located to the south of this parcel. Photograph B -1 also shows the parcel in question looking to the south and east from Radford Court. Photo B -2 shows the parcel looking from Radford Court to the east into Sunnyslope. B -2 shows a portion of the driveway at the Westide Glass Company on the left. Photograph B -3 shows the driveway that goes to the loading dock located at the back of the St. Vincent DePaul property. Photograph B -4 shows the northeast corner of the St. Vincent DePaul building. Photograph C -1 shows the building that formerly housed the Dollar General store and currently Snap Fitness and other businesses on Radford Court. Photograph C -2 shows St. Vincent DePaul's retail store and adjacent warehouse on Radford Court. C -3 shows Westside Glass on Radford Court. C-4 is a closer view of the St. Vincent DePaul retail store and attached warehouse. D -1 and D -2 show the south and east sides of the former Dollar General store from the parcel under consideration for rezoning classification. E -1, E -2 and E -3 show the rear or east side of the St. Vincent DePaul warehouse and retail store buildings. E -4 also shows the south face of the Dollar General Building. All four of these photographs were taken from the parcel in question. F -1 is a view to the south from the parcel which shows some of the storage garages, a cell phone tower, the former Alacazaz Building, now used as a telephone call center, and another commercial building. F -2 shows the adjacent Vitacare Physical Therapy Building. F -3 looks to the north on the parcel at the Westside Glass building on Radford Court. F -4 shows the hillside that leads down to the back yard of the residences located on the west side of Hummingbird Drive. 6 G -1, 2, and 3 look to the east from the parcel into the Sunnyslope residential subdivision and G -4 looks to the southeast and shows the bank leading down to the property line at the bottom of the bank. Exhibit H -1 shows some of the fencing /screening that has been provided by Westside Glass, which has helped to buffer these back yards from that commercial building on Radford Court. H -4 shows the existing bank that separates these back yards from the commercial lots on Radford Court. Photo I -1 shows the fencing /screening which the City required Westside Glass to put in. 1 -2 shows that fencing and also the current view of the St. Vincent DePaul retail store and warehouse from one of the homes on the west side of Hummingbird Drive. Screening situated on the top of the existing bank would provide a good buffer between commercial and residential developments. If this rezoning classification is allowed, the applicant could insist upon such screening between its parcel and the east side of the St. Vincent DePaul buildings. However the affected residents on Hummingbird Drive would have no right to screening between their back yards and a 30 to 40 foot high multi - family development that could stretch as much as 330 feet long. J -1 shows the current co- existence between the residential uses of Hummingbird Drive and the commercial Westside Glass Building on Radford Court. J -3 and 4 show the back yards as protected by the existing bank. The property line is located at the base of the bank shown in these photos. K -1 shows property at 1981 Hummingbird Drive which abuts the applicant's parcel. K -3 is 1911 Hummingbird Drive which also abuts the applicant's parcel. K -2 and K -4 are photographs of a 30 to 40 foot high multi - family building recently constructed at Radford Place Apartments. City Planning staff said 36 units have been 7 constructed there, 36 are under construction, and ultimately 216 units may be constructed there. The applicant's parcel, at approximately 1.8 acres, could accommodate more than 39 units of multi - family residential units according to city staff, if this rezoning application is granted. L -1 shows 1941 Hummingbird Drive and L -3 shows 1921 & 1923 Hummingbird Drive. Both of these properties abut the applicant's parcel and are located immediately to the east of that parcel. L -2 shows a multi - family building under construction at Radford Place Apartments and L -4 shows one of the already completed buildings there. Many residents have expressed concern about the increased water flow that would be diverted down through the drainage swale at the back of this hill at the lot line, and further down toward Embassy West Drive. There will of course be some drainage issues that need to be addressed whether the property is developed as multi - family residential or commercial. However, carving down that bank for this proposed multi- family residential development will likely divert more water directly down into this drainage swale than commercial development up on the existing relatively flat parcel. M -1 shows substantial drainage down this lot line even during the winter months. M -2 shows the drainage with a recent heavy rainfall. N -1 shows this drainage swale and N -2 shows water accumulated in the drainage swale. CONCLUSION Under the requested R -4 classification the rear set back is only 20 feet. The drawing that the applicant submitted with the rezoning request shows two buildings approximately 330 feet long (total) located just 20 feet from the rear property line of this lot. Photograph 0-1 shows a "for rent" sign located 20 feet into the bank from the lot line at 8 1921 -1923 Hummingbird Drive. Imagine if you will the placement of a 30-40 foot high structure 330 feet long like the one in photos 0 -2 where that "for rent" sign is on the existing bank. 0 -3 shows the drainage swale and bank and 0 -4 shows the completed 36 units and the 36 units currently under construction at Radford Place Apartments. Finally, P -1 is one of the buildings at Radford Place Apartments. Such an imposing structure just 20 feet from the property line comprising up to 39 units of multi - family housing would clearly adversely impact not only the abutting residential property owners in Sunnyslope but many other single family residences that would share some view of such a structure from their existing single family homes in Sunnyslopes and beyond. That is why 100% of the residential property owners and tenants within 200 feet of the applicant's parcel are against this rezoning application being granted. That is why 54 other property owners and residents in Sunnyslope in close proximity to this parcel have signed the Petition in opposition to this rezoning request. We are hopeful that you will take into consideration the very clear requirements of the Unified Development Code governing rezoning applications and the many concerns expressed by citizens, property owners, and residents who strongly believe that the use and enjoyment of their property will be adversely affected by this rezoning classification and the proposed multi - family development of this parcel. Thank you very much for your time and consideration. Sincerely, MJS /smp S: \WP \Shelli \Rezoning application.wpd Mark J. Sullivan 9 Phone No. 9Ail - f{ turmi < ly, ',0162 S ?go 89 a XJ 1tj/Le.a7 1 ! - I inm /'L{ rlo �iI1 . 5 g o Q_ 'LIRA( d n �/ PETITION IN OPPOSITION TO REZONING APPLICATION The undersigned property owners wish to convey to the Dubuque City Council their opposition to the rezoning application submitted by John Herrig / Flint Drake/ Radford Development, L.L.C., to rezone property from C -2 neighborhood shopping center district to R -4 multi - family residential district. All of the undersigned property owners own property within 200 feet of the property that is the subject of this rezoning request. Name l9l0q - 3 04,_ Sam / 9,9-1 -/ 'f a a Address Iii r e Y Y x r I y s.5 Oo ri-ket 5(,3 t rt 41444.A: cti�u� /91S / 5 - 5 - ) — 5 553 '� 5 7 PETITION IN OPPOSITION TO REZONING APPLICATION The undersigned property owners wish to convey to the Dubuque City Council their opposition to the rezoning application submitted by John Herrig / Flint Drake/ Radford Development, L.L.C., to rezone property from C -2 neighborhood shopping center district to R -4 multi - family residential district. All of the undersigned property owners own property within 200 feet of the property that is the subject of this rezoning request. Name Address Phone No. wig _A.4ti.At# - v40 - irk . -- A-41)__:.i1r ` r 1.�� .►�► i� .. l Id OP- 5 3 s Jd 7 6/03' PETITION IN OPPOSITION TO REZONING APPLICATION The undersigned property owners wish to convey to the Dubuque City Council their opposition to the rezoning application submitted by John Herrig / Flint Drake/ Radford Development, L.L.C., to rezone property from C -2 neighborhood shopping center district to R-4 multi - family residential district. All of the undersigned property owners own property within 200 feet of the property that is the subject of this rezoning request. Address Phone No. /7q/ ,v vv► is���l rc� s� � -$'s 7-- (5.3 2- PETITION IN OPPOSITION TO REZONING APPLICATION The undersigned property owners, residents, or tenants wish to convey to the Dubuque City Council their opposition to the rezoning application by John Herrig / Flint Drake / Radford Development, L. L.C. to rezone property from C-2 neighborhood shopping district to R-4 multi-family residential district. Name ,(11111Ll'iku BAii odu060-6- Address ilqi7 Li/it rail( Ar 64 (1 L, it le 110. lit Do- ,56 3 /577 • • • /If • A • A ii k )1 la, 4 I cOC 1.1 to cik- CP Zfr MI. i... t set-i A) C A. • AA 1117.:41, bt le 7 • ev Mil At) dk ( -tc LfrL k- 41-1 049114-11e 1925 RotiettN6-61rth pc. szz, zs©9 7 A-f-*) A411 fry 14/k I-J /1-x16-a (I( rol Y9A,5 - 7\k1 Vh Lil 4 (1 . Y-4 1.--0,4/ Phone No. Status 5SZ - L/ -9335 5 tE-837L. V 4 9- -5Z I f 4' t ) /2/ d-• V. I - V _ \y‘ 5S 7f/ I9 _ttA4,./ fr -2 3 I')-1 q 3 Lifile IV( cu CLurbah) 62,0n e'cevvr did ocd e.g. ir TC NT C) 01/e.(' Cr-A- PETITION IN OPPOSITION TO REZONING APPLICATION The undersigned property owners, residents, or tenants wish to convey to the Dubuque City Council their opposition to the rezoning application by John Herrig / Flint Drake / Radford Development, L.L.C. to rezone property from C -2 neighborhood shopping district to R-4 multi - family residential district. Name 33 35 37 e i-(- 37 ,c 3c ...kin — lec ' Ac1�e .S a 1 i3 T u S 1, Address Phone No. Status 3 16 t' IVY w M l'a� /20 S�,3 S - 56, ',,�s 0�•- t� 5351 t7 3� ! T q 6,,t- p 3 ;3 S4 -6 / mii 4 f Q/ 7 566-45 - m /11 ;. (-47 , 14-.8 Q/41,,:c °i b L/q /s 6 /71I r ,7117 1- „, :rci c?/ - 60 0 ( 7ki hAryi n ptsbir ci 52 O l 7 \c6kN 1 km-r, rn; b,I - c a 5 Li 365 ( gYg ✓h^ic�� 5 -a 3( 0% - ,rirr, P;� �K II I 1 °/ 7( 1 4 r-,�; 96- f() . 6 2341/9 5 5t - (/3(/D_ 9 4cj�S�.,�►,�..��3 -311)3 -59 13 Ol v `il'jl C 6\ a-- 6 /01 C " �w7e� PETITION IN OPPOSITION TO REZONING APPLICATION The undersigned property owners, residents, or tenants wish to convey to the Dubuque City Council their opposition to the rezoning application by John Herrig / Flint Drake / Radford Development, L.L.C. to rezone property from C -2 neighborhood shopping district to R -4 multi - family residential district. Name Address Phone No. 4 lei. a c-6 e 4/93 7 L z rrLe 14-« - -93$x/ 8 M, Pi e/ L ig 3 t, 14It y -9 Joy F /Di�'1 )(icht 9 /9/ 1 ( 4; ItI6mikt, s 50 Zvi uvk•r 151(/4.16/L7 If/9MT 5 :7719 jd r r / cel k /S7 V /?m ,Lk (lino( 3 7-1--\ -27iP 59 J\ cc _ C,w.:._ 4 (9/ 5S4 —) 0 1 I S Status PETITION IN OPPOSITION TO REZONING APPLICATION The undersigned property owners, residents, or tenants wish to convey to the Dubuque City Council their opposition to the rezoning application by John Herrig / Flint Drake / Radford Development, L.L.C. to rezone property from C -2 neighborhood shopping district to R -4 multi - family residential district. Name Address Phone No. Status S6 —2-CSscr 5 ` :Z r �- -, l L7, 4- - ; ;2i0 9 Ak t,mi-s c/ 13 0,03e Gt K,f Section 2 —Land Use Regulations Article 9: Zoning Advisory Commission 4. To make recommendations to the City Council upon plans, plats or replats of subdivisions or resubdivi- sions within the City which show streets, alleys or other portions of the same intended to be dedicated for public use; 5. To make recommendations to the Long -Range Planning Advisory Commission on the preparation and maintenance of the Comprehensive Plan; 6. To fulfill those duties and responsibilities assigned to a City Planning Commission in State law; and 7. To undertake from time to time other specific short-range planning projects which may be referred to it by the City Council. B. The City Council shall have the authority to establish or revise the priorities of the Commission. 9 -3 Organization; Meetings A. The Zoning Advisory Commission shall choose annually, at its first regular meeting of the fiscal year, one of its members to act as chairperson, and another of its members to act as vice - chairperson, to perform all of the duties of the chairperson during the chairperson's absence or disability. The Commission shall adopt such rules and regulations governing its operation and procedure as may be deemed necessary. B. Meetings of the Zoning Advisory Commission shall be held the first Wednesday of the month or at the call of the chairperson and at such other times as the Commission may determine. C. Members of the Zoning Advisory Commission shall attend at least two-thirds of all regularly scheduled meetings within any 12 month period. If any member fails to attend such prescribed number of meetings, such failure shall constitute grounds for the Commission to recommend to the City Council that said mem- ber be replaced. Attendance of all members shall be entered on the minutes. D. All meetings shall be held in conformance with the provisions of the Iowa Open Meetings Law. E. The Zoning Advisory Commission shall file with the City Clerk a copy of the minutes of each regular and special meeting of the Commission within 10 working days after each such meeting. 9 -4 Procedures of Operation All administrative, personnel, accounting, budgetary and procurement policies of the City shall govern the Zon- ing Advisory Commission in all its operations, except as herein provided. 9 -5 Zoning Reclassification A. The City Council fmds that the reclassification of property is a sensitive and important legislative function which, in the interest of maintaining uniform zoning policies and the integrity of the Comprehensive Plan, should only be exercised sparingly and under proper conditions. For this reason, and because the original zoning district boundaries under this Code are presumed to be correct and appropriate, it shall hereafter be the policy of the City to reclassify property only where a clear showing has been made that the original clas- sification was a mistake or that circumstances and conditions affecting the property in question have so ma- terially changed so as to demand reclassification in the public interest. B. The reclassification procedures outlined herein should not be confused with, or used in place of, the Code amendment process or the variance process. Thus, the Council intends that reclassification of property should not be entertained where: 1) an alleged hardship peculiar to the property is claimed, which is more properly the subject of a variance request, or 2) it is alleged that the Code provisions themselves as applied to similar properties are unreasonable, which is more properly the subject of a text amendment proposal. In all cases, the burden shall be upon the person(s) seeking reclassification to demonstrate that the requested reclassification is more appropriate than the present classification, in light of the characteristics of the prop- erty and the public welfare. Base Data Provided by Dubuque County GIS AG O Dubuque nwunam� car 11 2007 Masterpiece on the Mississippi Vicinity Map Applicant: John Herrig / Flint Drake / Radford Development LLC Location: End of Radford Court Description: To rezone property from C -2 Downtown Commercial District to R -4 Multi - Family Residential District. Dubuque Asbury Proposed Area to be Rezoned Zoning Base Data Provided by Dubuque County GIS Dubuque All-MMNCNCpI 'I 2007 THE CITY OP B Masterpiece on the Mississippi Vicinity Map Location: End of Radford Court City limits iN r Dubuque r Asbury Proposed Area to be Rezoned Zoning Applicant: John Herrig / Flint Drake / Radford Development LLC Description: To rezone property from C -2 Downtown Commercial District to R -4 Multi - Family Residential District. 1 -� �.Rh g a r��e. a 14.�. _ - _J 1 �' I c9 - ,,,t " 'VA 1 I A'i 113 „kJ, 1 ,,,,..A.„,, ‘6" n .{;:oti ;11:111 • iP •, • soTAII sd 41 ttiA A ■ ;AZ 4 :‘,7 41 1 .4"iii■ 1 -N MIENII•lmwg"rw