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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 r 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.) GC rk i ( o 6. 7. 8. 1. 2. r� ��ii�� ffl /l//��t'iI/' liJ :? r Lid d d rL ' , t rG 3. Z 4. 5. 9. 10. 11. , 12. 13. 14. 16. 17 18. 19. 20. 21. 22 23. ' 24. 25. 6 G7hir�r� e. f 3aol .J /73 C W COY cc 1^ r 3 2q75 rbymiLefiet 191V, 2:1;e9aoryee 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.) /1. 2. 3. 4. 6. 7. 8. (pi, 9. 10. 11. 12. 13. 14. v�1 d15. ft ,► fir 16. 17. t' .�.. /� 18. L M1A . 1 .� i n-4-A1 - 1 1 4 ctv cd W}1 r cw' ,•9 , /1 1 .CJ v�,.... 6114„0/dale. ( La�� X2 vi eir �' tAiru,[i 9 .. 20. /E" Ar.r� 21. cm, Patkie ) 22.( J _ Z3. - 24. 25. . a6 � OW r I t 1 18 /tO®z2 c b r�l t -rr Eta .4" (a 1 – (t Zd c__ - t- ` �.► Ca' \U m J- A b 9 t / b t..o L. S 1 w► ,D 't V D1C 1 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: