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Requst to Rezone_2155 Rockdale RoadMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Conditional Rezoning for 2155 Rockdale Road DATE: November 26, 2011 Dubuque kard All-America City 2007 Planning Services Manager Laura Carstens is transmitting a revised Ordinance and Memorandum of Agreement for the proposed conditional rezoning of 2155 Rockdale Road. Michael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Laura Carstens, Planning Services Manager Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Laura Carstens, Planning Services Manager `� SUBJECT: Conditional Rezoning for 2155 Rockdale Road DATE: November 23, 2011 Dubuque * * * ** AII•AmericaCity 11111! 2007 This memo transmits a revised Ordinance and a Memorandum of Agreement (MOA) for the proposed conditional rezoning of 2155 Rockdale Road from R -3 Moderate Density Residential District to C -3 General Commercial District. The MOA includes the terms discussed at the City Council's November 21, 2011 public hearing. It limits the principal permitted use of the subject property to a single use, a contractor shop or yard, and further requires that any proposed change in use first must be approved by the City Council through the rezoning process. City Attorney Barry Lindahl has reviewed and approved the enclosed documents. Iowa Code requires that property owner agree in writing to a conditional rezoning prior to the close of the City Council's public hearing. The public hearing was tabled to December 5, 2011 to allow time for staff to prepare the MOA. The MOA has been accepted in writing by Daryl Biechler, who represents the property owner, DSD Properties, LLC. Please contact me with any questions. Thank you. Enclosures cc: Kyle Kritz, Associate Planner F: \USERS \LCARSTEN \WP \COUNCIL\2155 Rockdale Cond Rez Memo to MVM.doc 1 OFFICIAL PUBLICATION ORDINANCE NO. 52-11 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY RECLAS- SIFYING HEREINAF- TER DESCRIBED PROPERTY LOCATED AT 2155 ROCKDALE ROAD FROM R -3 MODERATE DENSITY MULTI - FAMILY RESI- DENTIAL DISTRICT TO C -3 GENERAL COM- MERCIAL 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 R -3 Moderate Density Multi- Family Residential District to C -3 General Commercial District with conditions, to wit: Lot 1 Nick Weber Place, 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 i3. This Ordinance steal' take effect upon publica- tion, as provided by law. Passed, approved and adopted this 21st day of November, 2011. /s /Roy D. Buol, Mayor- Attest: /s /Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald Newspaper the 9th day of December, 2011. /s /Kevin S. Firnstahl, City Clerk MEMORANDUM OF AGREEMENT Pursuant to the Iowa Code Section 414.5 (2011), and as an express condition of rezoning of the property located at 2155 Rockdale Road and legally described as: Lot 1 Nick Weber ' Place, 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. 52 -11, a copy of which is attached hereto and incorporated herein by reference, the under- signed property own - er(s) agree(s) to the following conditions, all of which the property owner(s) further agree(s) are reasonable and are imposed to satisfy public needs which are caused directly by the rezoning: A) Performance Stan- dards 1) The principal permitted use for the subject property shall be restricted to: Con - - tractor shop or yard. 2) Any • other use proposed for the subject property shall first require modifi- cation of this Agree- ment in accordance with Section C below. B) Reclassification of the Subject Property. The City of Dubuque, Iowa may initiate zoning reclassification proceedings to the C -3 District (which rezoning will include the removal of the performance standards in Sector?, A above) if , the property owner fails to complete any of the conditions or provisions of this Agreement. C) Modifications. Any modifications of this Agreement shall be considered a zoning reclassification . and shall be subject to the provisions of the Title 16, Unified Develop- ment Code, governing zoning reclassifica- tions. All such modifi- cations must be approved by the City Council of Dubuque, Iowa. D) Recording. A copy of this Agreement shall be recorded with the Dubuque County Recor- der as a permanent record of the conditions accepted as part of this rezoning approval within ten (10) days of the adoption of Ordinance No. 52 -11. E) Construction. This Agreement shall be construed and inter- preted as though it were part of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code. F) This Agreement shall be binding upon the undersigned and his /her heirs, succes- sors and assignees. it 12/9 STATE OF IOWA {SS: DUBUQUE COUNTY 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: December 09, 2011, and for which the charge is $48.58. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this day of „c.) , 20/ . Notary Public in and for Dubuque County, Iowa. ARY K. WESTERMEY Commission Number 15 • IIIIIINVYNMVIINYMIINYN11IIIIIIIRIWININ Doc ID 007227230004 Type GEN Kind ORDINANCE Recorded: 12/06/2011 at 03:57:57 PM Fee Amt: $22.00 Pape 1 of 4 Dubuque County Iowa Kathy Flynn Thurlow Recorder F11e2011- 00018662 Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St Telephone: 589 -4210 Return to: Kevin S. Firnstahl, City Clerk Address: City Hall, 50 W. 13'" St Telephone: 589 -4121 ORDINANCE NO. 52 -11 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 2155 ROCKDALE ROAD FROM R -3 MODERATE DENSITY MULTI - FAMILY RESIDENTIAL DISTRICT TO C -3 GENERAL COMMERCIAL 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 R -3 Moderate Density Multi - Family Residential District to C -3 General Commercial District, with conditions, to wit: Lot 1 Nick Weber Place, 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 5th day of December 2011. Roy D. uol, Mayor Attest: Kevin ' . Firnstahl, City Clerk ACCEPTANCE OF ORDINANCE NO. 52 -11 I, Daryl Biechler, representing DSD Properties, LLC, owner of property at 2155 Rockdale Road, having read the terms and conditions of the foregoing Ordinance No. 52 -11 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this 1st day of December By 2011. Daryl Bi -`: ler DSD Properties, LLC MEMORANDUM OF AGREEMENT Pursuant to the Iowa Code Section 414.5 (2011), and as an express condition of rezoning of the property located at 2155 Rockdale Road and legally described as: Lot 1 Nick Weber Place, 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. 52 -11 , a copy of which is attached hereto and incorporated herein by reference, the undersigned property owner(s) agree(s) to the following conditions, all of which the property owner(s) further agree(s) are reasonable and are imposed to satisfy public needs which are caused directly by the rezoning: A) Performance Standards 1) The principal permitted use for the subject property shall be restricted to: Contractor shop or yard. 2) Any other use proposed for the subject property shall first require modification of this Agreement in accordance with Section C below. B) Reclassification of the Subject Property. The City of Dubuque, Iowa may initiate zoning reclassification proceedings to the C -3 District (which rezoning will include the removal of the performance standards in Section A above) if the property owner fails to complete any of the conditions or provisions of this Agreement. C) Modifications. Any modifications of this Agreement shall be considered a zoning reclassification and shall be subject to the provisions of the Title 16, 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. 52 -11. E) Construction. This Agreement shall be construed and interpreted as though it were part of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code. F) This Agreement shall be binding upon the undersigned and his /her heirs, successors and assignees. f: \users \mrettenb \wp \council \ordinances\2011\2155 rockdale moa.doc CITY OF DUBUQUE, IOWA OFFICIAL NOTICE NOTICE is hereby given that the Dubuque City Council will conduct public hearings at a meeting to commence at 630 p.m. on Monday, December 5, 2011, to the Historic Federal Building, 350 West 6th Street, on the following: Rezoning. Request from Joe Zwack, Triple J Land Co., LLC / Daryl Biechler, DSD Proper- ties to rezone property located at 2155 Rockdale Road from R- 3 Moderate Density Multi - Family Residential District to C- 3 General Commercial District. 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 the 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 tp 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 TTY (563) 690 -6678 at least 48 hours prior to the meeting. Kevin 5. Firnstahl City Clerk It 11/25 STATE OF IOWA {SS: DUBUQUE COUNTY 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: November 25, 2011, and for which the charge is $17.39. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this Ad" day of , 20 /1 . tary Public in and for DubiJq(ie County, Iowa. k4BY K. WEST r Cc, C.411 Masterpiece on the Mississippi ['Variance ❑Conditional Use Permit ['Appeal ❑Special Exception IIIL>ited Setback Waiver ©ezoning /PUD Dubuque u+.axacn 1111Jf 2007 PLANNING APPLICATION FORM ['Preliminary Plat ['Major Final Plat ['Minor Final Plat ❑Simple Site Plan DMinor Site Plan DMajor Site Plan ['Simple Subdivision ['Text Amendment ['Temporary Use Permit ❑Annexation ❑Historic Revolving Loan ❑Historic Housing Grant Planning Services Department City Hall — 50 W. 13th Street Dubuque, IA 52001 -4864 Phone: 563 -589 -4210 Fax: 563 -589 -4221 planni nq(©cityofdubuque.orq ['Certificate of Appropriateness ❑Advisory Design Review (Public Projects) ['Certificate of Economic Non - Viability [Historic Designation ['Demolition in Conservation District ['Neighborhood Assoc. Please type or print legibly in ink / / J �7 Property owner(s): if •�1�. 1 4' =0'(o `C �" $\\6 ((G tvdt- la Address: 941 b. TOrite_t e44R_ City: �./l,(�i,�C,'°'e- StateJ? Zip: gLCC ✓' Fax #: Cell # E -mail: Applicant/Agent: D51) Prop t''5 V., �,wy / 61 e' ler Phone: )(.5 s `8 ' s to Co Address: 7/ea 14,./I /c/9e41- L city: J ibt. <(i - State:-,T.! Zip: JZcz;% Fax #: Cell #: kW E -mail: Site location /address: 21 s 5- Q b� le ' Existing zoning: R", Proposed zoning: C 3 District: NO Landmark: ❑Yes VINo Legal Description (Sidwell parcel ID# or lot number /block numb��eejr /subdivision): J- 013 a ' ° C� Total property (lot) area (square feet or acres): iic2HS Describe proposal annd reasson necessary (attach a letter of expl anation, if needed): ✓ 76 `✓C:xin C/Lei 'age, _ i s r ►� CERTIFICATION: I /we, the undersigned, do hereby certify /acknowledge that: 1. It is the property owner's responsibility to locate property lines and to review the 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. 7/7/4, X L4, C Property Owner(s): Applicant/Agent(s): (>Utl.tcftL er Date: Date: c1(eI ll FOR OFFICE USE ONLY j< G fa'' (V.P Fed: ,Z Received by 161 Date: 21)11 Docket: 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. 13th Street Dubuque IA 52001 THE CITY OF Dubuque DUB E kcand AN-America City Masterpiece on the Mississippi 2007 November 4, 2011 Applicant: Joe Zwack, Triple J Land Co, LLC /Daryl Biechler, DSD Properties Location: 2155 Rockdale Rd Description: To rezone property from R -3 Moderate Density Multi - Family Residential District to C -3 General Commercial 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 The applicant spoke in favor of the request, reviewing the requested rezoning, proposed use of property, anticipated number of employees, surrounding land use, and existing volume of traffic on Rockdale Road. Staff reviewed surrounding zoning and land use, previous use of the property, and noted submittal of a petition in opposition, which was received and filed by the Commission. There was one person who spoke in opposition to the requesting, citing concerns for negative impact on property values, traffic and lighting. The Zoning Advisory Commission discussed the request, noting that the property's small size would limit the number of uses that could locate on the subject property. Recommendation By a vote of 4 to 1, the Zoning Advisory Commission recommends that the City Council approve the request. The petition filed in opposition equals 57.8% of the adjacent property owners within 200 feet of the subject property. Therefore, a super majority vote is needed for the City Council to approve the request. Service People Integrity Responsibility Innovation Teamwork The Honorable Mayor and City Council Members Page 2 Respectfully submitted, Patrick Norton, Vice Chairperson Zoning Advisory Commission Attachments Service People Integrity Responsibility Innovation Teamwork z Vicinity Map To "E"" f o L to O co E IY 0 -a .0 J 'C (6 N -3 OL o N LL E Nn` o: E O- ❑ N i" 0 O a U i U O 1 L co O O N cn N CL N O o N 0 LO o 0 0 oo m r F- o 1 N O o UO tm o :r-a co • D O .Q O U U 2 a.0 U co co N < J J 0CL'❑ JZ 0) N d a) —J Proposed Area to be Rezoned vim REZONING STAFF REPORT Zoning Agenda: October 5, 2011 Property Address: Property Owner: Applicant: 2155 Rockdale Road Joe Zwack, Triple J Land Co LLC Daryl Biechler, DSD Properties Proposed Land Use: Contractor Shop Existing Land Use: Vacant/Church Adjacent Land Use: North — Residential East — Residential South — Residential /Commercial West - Residential Proposed Zoning: C -3 Existing Zoning: R -3 Adjacent Zoning: North — R -3 East — R -1 South — OS West — OS /R -1 Former Zoning: 1934 — County; 1975 — County; 1985 — R -3/C -1 Total Area: Approximately % acre Property History: The property was annexed into the City in 1979 and rezoned R -3 Moderate Family Multi - Family Residential District in 1981. The eastern half of the property was subsequently rezoned to C -1 and the balance of the property was rezoned to OS Office Services district in 2000. The entire subject lot was rezoned to R -3 in 2004 to accommodate a church. Physical Characteristics: The property is a relatively level, approximately % acre lot, with a 2,200 square foot building. The property has 135 feet of frontage along Rockdale Road that has no curb, gutter or sidewalk at this location. Concurrence with Comprehensive Plan: Land use and urban design goals encourage the concept of mixed -use development to encourage diverse and self - sufficient neighborhoods. The Comprehensive Plan recommends buffering incompatible uses from each other. The proposed land use map recommends commercial use for this property. 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 indicate 7,000 vehicle trips per day on Rockdale Road north of the subject property and 5,200 vehicle trips per day on Rockdale Road south of the Rezoning Staff Report — 2155 Rockdale Road Page 2 subject property. Rockdale Road is 20 feet wide with no curb and gutter at this location. Public Services: 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 conveyance is provided during site development. Adjacent Properties: The existing vacant church building is approximately 2,200 square feet in area. There is a large 7,000 square foot single - family residence on a one -acre lot directly south of the subject property and two single - family homes directly north of the property. There is a possibility that a contractor shop could generate noise, activity, traffic and outdoor storage in excess of what would be generated by a multi - family development, or the former church use. Prior to the church use, the property formerly accommodated a contractor shop and yard with associated vehicles and storage. CIP Investments: None proposed. Staff Analysis: The applicant is proposing to rezone an approximately 1/2 acre lot located at 2155 Rockdale Road from R -3 Moderate Density Multi - Family Residential district to C -3 General Commercial district to permit a contractor's shop and yard. The property currently accommodates a vacant church building and has a single access to Rockdale Road. The property is located in close proximity to several single - family residences. A contractor shop at this location may generate noise, activity, traffic and outdoor storage that may impact the adjacent residential properties. This activity, however, may be somewhat similar to the former church or contractor shop uses. If the property is redeveloped and additional vehicle use or storage area is paved, a site plan and storm water management will be required. Staff recommends that the Zoning Advisory Commission review the criteria established in Article 9 -5 of the Unified Development Code regarding reclassification. Prepared by: �° l Mricice—/a,.1 Reviewed: Date: q' 2g-aa f:\ users\ kmunson \wp\boards- commissions\zac \staff reports\zac staff reports 2011\2155 rockdale road stf rpt 09_27_11.doc 5 -13 C -3 General Commercial The C -3 District is intended to provide locations for commercial uses which are designed to serve the motoring public or uses requiring highway or arterial locations. 5 -13.1 Principal Permitted Uses The following uses are permitted in the C -3 district: 1. Agricultural supply sales 2 Animal hospital or clinic 3. Artist studio 4. Auditorium or assembly hall 5. Bakery (wholesale /commercial) 6. Bank, savings and loan, or credit union 7. Bar or tavern 8. Barber or beauty shop 9. Business services 10. Carwash, full service 11. Carwash, self service 12. Construction supply sales or service 13. Contractor shop or yard 14. Dental or medical lab 15. Department store (60,000 square feet maximum) 16. Farm implement sales or service 17. Furniture upholstery or repair 18. Gas station 19. General office 20. Grocery store 21. Hotel 22. Indoor amusement arcade 23. Indoor recreation facility 24. Indoor restaurant 25. Indoor theater 26. Laundry, dry cleaner, or Laundromat 27. Medical office 28 Mini - warehouse 29. Mobile or manufactured home sales or service 30. Mortuary or funeral home 31. Moving or storage facility 32. Museum or library 33. Neighborhood shopping center 34. Parking structure 35. Pet daycare or grooming 36. Photographic studio 37. Place of religious exercise or assembly 38. Printing or publishing 39. Private club 40. Public or private park, golf course, or similar natural recreation area 41. Railroad or public or quasi- public utility, including substation 42. Residential use above the first floor only 43. Restaurant, drive in or carryout 44. Retail sales and service 45. School of private instruction 46. Service station 47. Vehicle body shop 48. Vehicle sales or rental 49. Vehicle service or repair 50. Vending or game machine sales or service 51. Wholesale sales or distributor 52. Tattoo parlor 53. Tour home 5 -13.2 Conditional Uses The following conditional uses may be permitted in the C -3 District, subject to the provisions of Section 8 -5: 1. Licensed adult day services 2. Licensed child care center 3. Outdoor recreation or outdoor amusement center 4. Passenger transfer facility 5. Wind energy conversion system 5 -13.3 Accessory Uses The following uses are permitted as accessory uses as provided in Section 3 -7: 1. Any use customarily incidental and subordinate to the principal use it serves. 2. Wind turbine (building- mounted). 3. Crematorium accessory to a mortuary or funeral home. 5 -13.4 Temporary Uses Temporary uses shall be regulated in conformance with the provisions of Section 3 -19. 5 -13.5 Parking Minimum parking requirements shall be regulated in conformance with the provisions of Article 14. 5 -13.6 Signs Signs shall be regulated in confolivanee with the provisions of Article 15. 5-13.7 Bulk Regulations Setbacks:, =; C3 General Commercial; Min Lot Min Lot Max Lot Area Frontage Coverage (square (% lot feet); (feed; area),,_ Max t. Height (feet)'' Licensed Childcare Center, licensed adult day services 5,000 ; 50 50 20 40 Vehicle Sales _ y 20,000 - -- - -- 20 40 All Other Uses . --- ; --- - -- 20 - -- j - -- - -- 40 When abutting a residential or office- residential district a 20 foot side setback is required. 2 When abutting a residential or office - residential district, a 20 foot rear setback is required. Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St Telephone: 589 -4210 Return to: Kevin S. Firnstahl, City Clerk Address: City Hall, 50 W. 13th 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 2155 ROCKDALE ROAD FROM R -3 MODERATE DENSITY MULTI - 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 -3 Moderate Density Multi - Family Residential District to C -3 General Commercial District, to wit: Lot 1 Nick Weber Place, 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 Attest: Kevin S. Firnstahl, City Clerk day of 2011. Roy D. Buol, Mayor October 5, 2011 Petition OCT —6 2011 CITY of DUBUQU PI Arm(' SE? VICtS DEPAr;T:1QEh.IT To: City of Dubuque Zoning Advisory Commission Neighborhood and surrounding families would like the parcel at 2155 Rockdale Rd. remain an R -3 Moderate Density Multi- family Residential District and not be changed to C -3 General Commercial District. Noise , Traffic and Safety 1. Noise level with over 10,000 cars daily very high from Rockdale Rd. 2. Community school buses picking up and dropping off High School Students in front of the property asking for C -3 zoning. 3. Property to be rezoned surrounded by all residential properties. 4. C -3 at 2155 has too many opportunities for Noisy and high traffic businesses. 5. Access From Brian Dr. & Tower Dr. is very difficult at all times. 6. Enough noise from Rockdale Rd. daytime and nighttime. 7. New tenant informed us that would be used office and storage. 8. Thank you from citizens of Rockdale area. Page 1 Petition/ Name/ Address/ note concern \/2. E QArt_ 2ZD ceiia ) 2.' € S !R ackd a le Rd aTi with P9i i ov&, uis e - Lt 503- pc $s Lle propel 1)3(4 V 4. Q "lcL b /kAA uw.ty' 152t ( ')f1 Q Y\ i - ccT -Rt. NP 5. 6. \ I 7. ✓ 8. °-�Jk NJA 9.14 ° 0 10. ?A ad /5s Ali- »� p e- G/..e 22(p 0 Lt_ be_ vu 11. G-22 ZoNtiht5 ii-s-- �1 2' ', 0-6 4 /11. ,1 et-fri- C-3 Z0-74-4,4- CI 12. ./ �- � g-O °o at/ ?d C- 2013 owefri- page 2. 13 /a A ` ,/m , 44. ' -; 02636 2�ckot�le. °kizc -t Zon;.&� 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. Property @ 2155 Rockdale Road To whom it may concern: As a property owner/neighbor directly adjacent to the property at 2155 Rockdale Road, I / we wanted to make it known that we support the new owners and the masonry business that they are proposing to operate from that address. We do not have any problems having an office space and storage shop for their business purposes being next to our homes. Date: / / _M / ,act„ CO m Fri Property @ 2155 Rockdale Road To whom it may concern: As a property owner/neighbor directly adjacent to the property at 2155 Rockdale Road, i / we wanted to make it known that we support the new owners and the masonry business that they are proposing to operate from that address. We do not have any problems having an office space and storage shop for their business purposes being next to our homes. Signed: Date: CD t ( e CD rn m 0 MEMORANDUM November 3, 2011 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 SUBJECT: Percentage of Opposition for Proposed Rezoning at 2155 Rockdale Road. Planning Services staff has reviewed a petition submitted by adjacent property owners opposed to the request submitted by Joe Zwack, Triple J Land Co., LLC and Daryl Biechler, DSD Properties, to rezone property located at 2155 Rockdale Road from R -3 Moderate - Density Multi - Family Residential district to C -3 General Commercial district. The request is to permit an existing building that is currently a vacant church to be converted to a contractor's shop. The Zoning Advisory Commission approved the request to rezone the property at their November 2, 2011 meeting. The property in opposition equals 57.8% 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. I move to receive and file the communications and further move that the requirement that a proposed Ordinance be considered and voted on for passage at two Council meetings prior to the meeting at which is to be finally passed be suspended. (Motion B) Vote — Then I move final consideration and passage of the Ordinance. (Motion A) If Motion B does not pass: I move to receive and file the communications and I move first (second or third) consideration of the Ordinance. (Motion A)