Request to Rezone 3051 Brunskill Road_Leibold and RauenPlanning Services Department
City Hall
50 West 13th Street
Dubuque, IA 52001 -4864
(563) 589 -4210 phone
(563) 589 -4221 fax
(563) 690 -6678 TDD
p lanni ng @cityof dubuque.org
The Honorable Mayor and City Council Members
City of Dubuque
City Hall — 50 W. 13 Street
Dubuque IA 52001
Dear Mayor and City Council Members:
Masterpiece on the Mississippi
May 26, 2011
Applicant: Darlene Leibold Trust / Tom Rauen, Rauen Properties
Location: 3051 Brunskill Road (10.27.406.011& 10.27.406.005)
Description: To rezone property from R -1 Single - Family Residential District to C -3
General Commercial District
Dubuque
r11 '
2007
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 with the Commission that he
wanted to develop a self- storage business and would accept a conditional rezoning
limiting uses to self- storage.
Staff reviewed surrounding zoning and land use, and noted receipt of a petition in
opposition to the request.
There were several public comments in opposition to the request, stating it was not
compatible with surrounding development of the area, would generate too much traffic,
and there were other commercial properties available in the community to operate this
type of business. One speaker spoke in support of the request, noting that the request
will facilitate expansion of a small business and that the applicant has followed the
proper procedure.
The Zoning Advisory Commission discussed the request, noting that there have been
previous requests for commercial zoning that have been denied. Commissioners
discussed limiting the list of allowed uses and traffic impact on commercial zoning. A
motion to limit the allowed uses through conditional rezoning failed by a vote of 2 to 3.
Recommendation
By a vote of 4 to 1, the Zoning Advisory Commission recommends that the City Council
deny the request.
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 deny the request. A super
majority vote is needed for the City Council to approve the request.
Respectfully submitted,
Jeff Stiles, Chairperson
Zoning Advisory Commission
Enclosures
Service People Integrity Responsibility Innovation Teamwork
Masterpiece on the Mississippi
❑Variance
❑Conditional Use Permit
DAppeal
['Special Exception
DLimited Setback Waiver
Rezoning
Dubuque
11
'illy►
2007
Please tvoe or print legibly in ink
PLANNING APPLICATION FORM
❑Planned District
DPreliminary Plat
DMinor Final Plat
❑Text Amendment
DSimple Site Plan
DMinor Site Plan
❑Major Site Plan
❑Major Final Plat
['Simple Subdivision
['Annexation
OTemporary 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 `' JI_
t•
['Neighborhood Association IV/
DOther:
o m d- at dupe_ L !4 let
,1 � /4,5 60 /d- Gam.
Property owner(s):bof (i.'he IL,S /_ PT'
Address: 3o57 6ru,1 skit Cit Ou t State: .� Zip:
p:
Fax Number: 4 n _ ,N P /� Cellular Number:
Applicant/Agent: u b per ► to - 1`'
/a tAtAi Phone: b 3 `- '^ 7 86
Address: g0V 7
Fax Number:5 - 09 $00$
E -mail Address:
City: �1 -1G7 State:: 241 Zip: 5-)o4/6 Cellular Number: _E -mail Address: i;/ - 14 ' ,P4/1/(f•v t. s • CM,
Site location /address: 34.5 /3rt.tns k.,
Existing zoning: RI Proposed zoning: G--3 Historic District:
Landmark:
Legal Description (Sidwell parcel ID# or lot number /block number /subdivision): fD 7 VD (O 0 // 4 1. -Z7 - Cio‘ -C,C) `j
Total property (lot) area (square feet or acres): : /L t AC1i
Describe proposal and reason necessary (attach a letter of explanation, if needed):. /a re...- - ZOx.L, 4l
e,r..4 -c) rja / �r19 , odet,C :rati 3/i
CERTIFICATION: I /we, the V
e undersigned, do hereby certify that:
1. It is the property owner's responsibility to locate property lines and to check your abstract for easements and restrictive
covenants.
2. The information submitted herein is true and correct to the best of my /our knowledge and upon submittal becomes public
record;
3. Fees are not refundable and payment does not guarantee approval; and
4. All additional required written and graphic materials are attached.
Property Owner(s): Date:
Applicant /Agent: T Date: /4///
FOR OFFICE USE ONLY — APPLICCATION SUBMITTAL CHECKLIST /
Fe . " by: (C� `� Date: �l._ llocket:
❑ Site /sketch piano Conceptual Development Plan ❑Photo ❑ Plat
❑ Improvement plans ❑ Design review project description ❑ Floor plan ❑ Other:
A.
Base Data Provided by Dubuque County GIS
Dubuque
ae�nac
11111'7 THE CITY OF
2007 1 13
Masterpiece on the Mississippi
Vicinity Map
Applicant: Darlene Leibold Trust /
Tom Rauen, Rauen Properties
Location: 3051 Brunskill Road
(10.27.406.011) & (10.27.406.005)
N
Description: To rezone property from
R -1 Single- Family Residential District
to C -3 General Commercial District.
Legend
///
Proposed Area to be Rezoned
Zoning
Path: H: \Planning Services \Vicinity Maps\ZAC Vicinity Maps\projects \Leibold rezoning (3051 Brunskill) 04_13_11.mxd
REZONING STAFF REPORT Zoning Agenda: May 4, 2011
Property Address: 3051 Brunskill Road (10.27.406.011)
Property Owner: Darlene Leibold Trust
Applicant: Tom Rauen, Rauen Properties
Proposed Land Use: Commercial Proposed Zoning: C -3
Existing Land Use: Vacant Existing Zoning: R -1
Adjacent Land Use: North — Commercial
East — Residential /Commercial
South — Vacant
West - Residential
Adjacent Zoning: North — C -3 /R -1
East — R -1
South — AG
West — R -1 /PR
Former Zoning: 1934 — County AG; 1975 — R -2; 1985 — R -1 Total Area: .75 acres
Property History: Originally, the property was subdivided circa 1900 as part of the
Schute Subdivision and a single - family home was built on this lot circa 1920. The house
was demolished in 1998 and the property has remained vacant since then.
Physical Characteristics: The property is an approximately 3 /4 acre odd - shaped lot with
approximately 90 feet of frontage along Brunskill Road. The property slopes from its
high point along Brunskill Road dropping approximately 18 feet to the low point at the
southwest corner of the lot. There is abundant deciduous and evergreen vegetation
currently on the lot. There is no direct driveway access this lot and access currently is
taken from an easement across an adjacent driveway at 3055 Brunskill Road.
Concurrence with Comprehensive Plan: The Future Land Use Map of the
Comprehensive Plan calls for this area to be developed as mixed -use residential. The
Comprehensive Plan encourages promotion of a compatible mix of land uses that create
a diversified urban environment and also promotes buffering and protecting
incompatible uses from each other.
Impact of Request on:
Utilities: Existing utilities are adequate to serve the site.
Traffic Patterns /Counts: The Iowa Department of Transportation 2005 average
daily traffic counts do not indicate traffic counts for Brunskill Road. This generally
indicates that traffic volumes are low enough to not warrant a traffic survey.
Rezoning Staff Report — 3051 Brunskill Road Page 2
Traffic entering and existing Brunskill Road from the subject property would travel
either north to a frontage road and Dodge Street, or south along Brunskill Road to
where it transitions into Coates Street and eventually connects with Fremont
Avenue.
Public Services: Existing public services are adequate to serve the site.
Environment: Staff does not anticipate any adverse impact to the environment
provided adequate erosion control and storm water control is provided during all
phases of development.
Adjacent Properties: The subject parcel is adjacent to the back side of the Best
Western /Champs Restaurant property that is accessed from both Dodge Street and
Brunskill Road. The property is also adjacent to a single - family home and
contractor shop to the east and vacant agriculturally zoned land to the south. An
older mobile home park and single - family home on a large lot is located across
Brunskill Road to the west of the subject lot.
The commercial development proposed for this property will generate additional
traffic on Brunskill Road; however, the traffic should not be excessive and should
have very little impact on the overall traffic volumes along Brunskill Road. The
proposed use may generate noise and activity in excess of what a single - family
home would at this location. Ancillary impacts such as lighted signs and steel
contractor buildings may have somewhat of a negative impact on the adjacent
residential property.
CIP Investments: None proposed.
Staff Analysis: The applicant is proposing to rezone a currently vacant parcel of land
along Brunskill Road from R -1 Single - Family Residential zoning to C -3 General
Commercial zoning district. The property is located in a mixed -use area bordered by C-
3 zoned property that accommodates the Best Western Hotel and Champs Restaurant
to the north. There is a single - family home with a non - conforming contractor shop to
the east, vacant agricultural land to the south and a small mobile home park with 23
mobile homes to the west. There is also a large residentially zoned lot with a single -
family home across Brunskill Road from the subject lot.
The proposed commercial use should have limited impact on the overall traffic along
Brunskill Road; however, it may increase the amount of noise, activity and exterior
lighting in the area. Also, development of this property will potentially create a large
scale contractor's building directly across Brunskill Road from the existing mobile home
park and single - family residential development. The existing commercial properties in
this area are primarily focused toward Dodge Street and have not encroached on to
Brunskill Road.
Rezoning Staff Report — 3051 Brunskill Road Page 3
Staff recommends that the Zoning Advisory Commission review the criteria established
in Article 9 -5 of the Unified Development Code regarding reclassification of property.
Date: 5//
Prepared by: (144 .— Reviewed:
f:\ users\ kmunson \wp\boards- commissions\zac \staff reports\zac staff reports 2011 \3051 brunskill road stf rpt 04_27_11.doc
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
Tom & Darlene Leibold
105 Leibold Ct.
East Dubuque IL 61025
RE: City Council Public Hearing — Rezoning Request
Dear Applicant:
The City Council will consider your request to rezone property located at 3051 Brunskill
Road at a public hearing on Monday, June 20, 2011. Please attend this meeting, or
send a representative to the meeting in your place to present your request and answer
questions. City Council meetings begin at 6:30 p.m. in the City Council Chamber, 2nd
Floor, Historic Federal Building (Post Office), 350 W. 6 Street, Dubuque, Iowa.
Please contact the Planning Services Department at (563) 589 -4210 if you need more
information or have any questions.
Kyle L. Kritz
Associate Planner
Enclosures
cc: Kevin Firnstahl, Acting City Clerk
Masterpiece on the Mississippi
Dubuque
a mmericaeity
1'
2007
May 26, 2011
Service People Integrity Responsibility Innovation Teamwork
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. -11
AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF
ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED AT 3051 BRUNSKILL ROAD FROM R -1 SINGLE -
FAMILY RESIDENTIAL DISTRICT TO C -3 GENERAL COMMERCIAL DISTRICT.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified
Development Code, is hereby amended by reclassifying the hereinafter described property
from R -1 Single - Family Residential District to C -3 General Commercial District, to wit:
Attest:
Lot 2 -1 -3 -228, Lot 2 -2 -1 -288 and Lot 2 -3 -288, all Mineral Lots, 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 upon publications, as provided by law.
Passed, approved and adopted this
Kevin S. Firnstahl, City Clerk
Roy D. Buol, Mayor
day of 2011.
Tom Rauen
Rauen Properties
204 7 Avenue NE
Farley IA 52046
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
RE: City Council Public Hearing — Rezoning Request
Dear Applicant:
The City Council will consider your request to rezone property located at 3051 Brunskill
Road at a public hearing on Monday, June 20, 2011. Please attend this meeting, or
send a representative to the meeting in your place to present your request and answer
questions. City Council meetings begin at 6:30 p.m. in the City Council Chamber, 2
Floor, Historic Federal Building (Post Office), 350 W. 6 Street, Dubuque, Iowa.
Please contact the Planning Services Department at (563) 589 -4210 if you need more
information or have any questions.
Sincerely,
Kyle L. Kritz
Associate Planner
Enclosures
cc: Kevin Firnstahl, Acting City Clerk
Service
People
Integrity
Responsibility
THE CITY OF
DUB
Masterpiece on the Mississippi
Innovation
Dubuque
ohnericacity
11111f
2007
May 26, 2011
Teamwork
THE CITY OF
DUB
TO: Michael Van Milligen, City Manager
Cindy Steinhauser, Assistant City Manager
Kevin Firnstall, Acting City Clerk
Barry Lindahl, City Attorney
FROM: Laura Carstens, Planning Services Manager
MEMORANDUM
SUBJECT: Percentage of Opposition for Proposed Rezoning at 3051 Brunskill Road.
June 20, 2011
Planning Services staff has reviewed a petition and letters submitted by adjacent property owners
opposed to the rezoning request submitted by Tom and Darlene Liebold for the property located at
3051 Brunskill Road. The request is to rezone the property from R -1 Single - Family Residential
district to C -3 General Commercial district.
The Zoning Advisory Commission denied the rezoning request at their June 1, 2011 meeting. The
property in opposition equals 65.5% 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.
Departmental Email Planning - 3051 Brunskill Road
From: "Envision Sports Designs - Tom Rauen" <info @envisiontees.com>
To: <planning @cityofdubuque.org>
Date: 6/13/2011 11:40 AM
Subject: 3051 Brunskill Road
CC: <Ghemenwa @cityofdubuque.org>
Kyle & Guy,
I would like to request a withdrawal of the re- zoning request for the property located at 3051 Brunskill
Road.
I truly appreciate all the help and guidance with this project from everyone at the city planning
department.
If you need anything else on my end, please let me know.
Thanks.
Tom Rauen
563 -590 -9856 (cell)
563- 584 -8000 (office)
Page 1 of 1
m
0
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F
file: / /C: \Documents and Settings \mrettenb \Local Settings \Temp \XPgrpwise \4DF5F72EDB... 6/13/2011
To: The Honorable Mayor Roy Buol
City Council members; Ric Jones, David Resnick, Kevin Lynch, Karla Braig,
Joyce Connors, Lynn Sutton
From: William & Joan Herrig 0
2855 Brunskill Rd. 0 c JJ
Dubuque, Iowa 52003 c c - , - M
582 -8992 7, 71 U to 3=...
o m
In Re: Re- zoning 3051 Brunskill Rd. from R -1 to Business > - `-° 0 0 C/1 c
cn
You may have (or will have) received a petition from the residents along Brunskill
Rd. that state their opposition to this zoning change. The signers represent all the
abutting property owners (except the owners of Champs and the Dubuque Hotel),
the property owners within 200 ft. of the requested change and the affected
property owners along Brunskill Rd.
This change in zoning has been previously before the council some years ago and
at that time it was denied. At that time the Champs & Dubuque Hotel were called
the Midway Best Western & Hoffman House Restaurant and the owners were very
much against the re- zoning. They then purchased a parcel just south of them and
developed it into a green space and a buffer zone between them and the residents
of Brunskill Rd. They did not wish to have their property to be used again as an
excuse for allowing a business in a residential neighborhood . They were a good
corporate neighbor
We moved to our 2855 Brunskill Rd. Home on April 19, 1956. At that time we
were county not city and did not have the benefit of zoning protection. When we
were annexed the property at 3055 was grand - fathered in as a non - conforming
site. This is the Randy & Brenda Mills single family home and lies directly behind
3051 Brunskill Rd. You will find their names on the petition.
From the hotel "green space" to the well kept nicely landscaped yards and the
plethora of trees we are truly a "green area ", as advocated by our city leaders, and
a wonderful place to live. There were eleven houses and a Methodist parsonage
when we moved here over 55 years ago. There are now 65 owner- occupied homes
here.
The re- zoning was denied by a 4-1 vote by the zoning board and we urge you to
again deny this request.
We the undersigned are opposed to the rezoning of the property located
at 3051 Brunskill Rd. from residential to commercial for the following
concerns.
(Noise, Smell, Heavy Truck Traffic, Lighting, Traffic Congestion, Parking
Litter and Entertainment Noi e.)
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We the undersigned are opposed to the rezoning of the property located
at 3051 Brunskill Rd. from residential to commercial for the following
concerns.
(Noise, Smell, Heavy Truck Traffic, Lighting, Traffic Congestion, Parking
{ A I,,}ttpr and E„ tertainment Noise.)
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We the undersigned are opposed to the rezoning of the property located
at 3051 Brunskill Rd. from residential to commercial for the following
concerns.
(Noise, Smell, Heavy Truck Traffic, Lighting, Traffic Congestion, Parking
Itter and Entertainment Noise.)
JUNE 15, 2011
City of Dubuque, Iowa
50 West 13 St.
Dubuque, Iowa 52001
RE: 3051 Brunskill Road rezoning
ATTN: Kevin Firnstahl, Acting City Clerk
Dear Sir:
As owners of subject property, we would like to attend the June 20, 2011 meeting at 6:30 P.M.
Thomas F. Leibold and Darlene Leibold
Thank you !
t `
Thomas F. Leibold
CITY OF DUBUQUE,
IOWA
OFFICIAL NOTICE
NOTICE is hereby
given that the Dubuque
City Council will
conduct public hear-
ings at a meeting to .
commence at 6:30 p.m.
on Monday, June 20,
2011, in the Historic
Federal Building, 350
West 6th Street, on the
following:
.Rezoning
Request from Darlene
Leibold Trust / Tom
Rauen, Rauen Pro-
perties to rezone
property located at
3051 Brunskill Road
from R -1 Single - Family
Residential Districtto C-
3 General Commercial
District
Rezoning
Request from Dan
Wolff to rezone
property located at
1987 Washington
Street from C -2 Neigh-
borhood Shopping
Center District to C -4
Downtown Commercial
District.
Rezoning
Request from Jeff &
Mindy Stiles to rezone
property located at
3087 Central Avenue
from R -3 Moderate
Density Multi- Family
Residential District to R-
4 Multi - Family Residen-
tial District.
Amend Planned
Residential District
Request from Tom
Kluck, to rezone
property located at
2763 University Avenue
to amend the Planned
Residential District to
permit a two -story
common building with
3 apartments on the -
second story.
Copies of supporting
documents for the
public hearings are on
file in the City Clerk's
Office and ' may be
viewed during normal
working hours.
Written comments
regarding the above
public hearings may be
submitted to fhe City
Clerk's Office on or
before said time of
public hearing. At said
time and place of
public hearings all
interested citizens and
parties will be given an
opportunity to be
heard for or against
said rezoning.
Any visual or hearing
impaired persons need-
ing special assistance
or persons with special
accessibility needs
should contact the City
Clerk's Office at (563)
589 -4120 or TDY (563).
690 -6678 at least 48
hours prior to the
meeting.
Kevin S. Firnstahl
Acting City Clerk
1t 6 /10
STATE OF IOWA {SS:
DUBUQUE COUNTY
Subscribed to before m
this /D■ day of
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa
corporation, publisher of the Telegraph Herald,a newspaper of general circulation
published in the City of Dubuque, County of Dubuque and State of Iowa; hereby
certify that the attached notice was published in said newspaper on the following
dates: June 10, 2011, and for which the charge is $24.66.
.4A7.4
Notary Public in and for Dubuque County, Iowa,
,20// .
Notary Public in and for Dubuque County, Iowa.
" ,,� MARY K, WESTERMEYr
C milaaien Numbar 154ee: