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Request to Rezone 3150 Asbury RoadDear City Council member: We are writing regarding a zoning reclassification request that comes before you on January 17, 2012, following disapproval from the Zoning Advisory Commission. The property in question is located at 3150 Asbury Road, and includes a vacant lot on the corner of Asbury Road and Evergreen Drive. It is our desire to open a small deli and catering business at this location and request that the property be reclassified from R -1 Single Family Residential to OC Office Commercial to facilitate that business. The business will operate from 9AM to 6PM daily and anticipates 20 -30 customers per day. At the meeting of the Zoning Advisory Commission on January 4, 2012, many nearby property owners presented various concerns with the proposed use of the property. The primary concerns expressed were parking and traffic. A large percentage of the business will consist of catering, which will be conducted offsite, and ample off - street parking spaces will be maintained to accommodate all visitors to the business, including delivery trucks and maintenance vehicles; street parking will not be necessary. If street parking continues to be a concern of the nearby residents, we welcome the erection of no- parking signs. As for traffic concerns, we anticipate Tess than 30 customers each day over the course of nine hours. It is asserted that Asbury Road currently supports more than 15,000 vehicles every day. Many of the anticipated customers will be a part of that regular traffic flow; any additional vehicles brought to the area will be marginal as compared to the current volume of traffic. Article 9 of the City of Dubuque's Unified Development Code contemplates zoning reclassification. Specifically, 9 -5(A) states that the City may reclassify property where there is a clear showing that "circumstances and conditions affecting the property in question have so materially changed so as to demand reclassification ". Asbury Road was originally zoned as a residential neighborhood. However, in recent years, with the flourishing of the West End District, it has quickly become a prime east -west thoroughfare through the city. As mentioned previously, Asbury Road sees over 15,000 vehicles daily. With that volume of traffic, various non - residential uses occupy the corridor. In fact, within 500 feet to the east of the property, there is a dog grooming business, The Shaggy Dog and a bar, Denny's Lux Club. Travel 500 feet in the other direction and you'll find a church, St Peter Lutheran, and a chiropractic office, Back 2 Health Chiropractic. Furthermore, within 1,000 feet in both directions, you will find large commercial complexes. These other non - residential uses in such proximity to the property in question demonstrate that there has been a clear material change from the residential identity of the area to one of mixed use. It is further evident that the existing ordinances for such mixed uses are sufficient to regulate signage, noise and pedestrian safety. In Tight of the characteristics of the property, the requested classification is appropriate. Finally, I assure all adjacent property owners that we will be good neighbors. We'll maintain a residence directly adjacent to the business so we'll have a vested interest in maintaining its aesthetics and safety. Thank you for your consideration. Sincerely, Julia Cheung and Alex Fursov J.1 95 "/ 710 :• 2312 2 sfy..` �r0 3211i 2324! 232.5 2340 2331 '7 r- ,;2325 I Multi- tenant Retail 2390,, 3080 T� Cdr 2255 .2 -R59 2230 249 A- 3203 Subject Property 3195/' Chiropractic Clinic 4, Office 229 229 229 Office Multi - Family Residential 227 227 227 Multi- tenant Retail 2L 3165 2191 .2170 3 3195 U-; 7: 0 80 160 320 Feet I 1 -V1111514 1 215.- ;Y_ . �► f i 211i 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 Dui Dubuque II 2007 Masterpiece on the Mississippi January 5, 2012 Applicant: Julia Cheung & Alex Fursov Location: Next to 3150 Asbury Road (Northwest corner of Asbury Road & Evergreen) Description: To rezone property from R -1 Single - Family Residential District to OC Office 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, indicating she wanted to open a deli /catering business in a new 900 square foot building on the northwest corner of Asbury Road and Evergreen. The applicant indicated the new business would have relatively low traffic compared to existing traffic volumes, and that the business would comply with all City Building and Sanitation codes. Staff reviewed the staff report, noting the allowed uses in the OC district, site plan requirements for new buildings, access issues and surrounding zoning and land use. There were many public comments in opposition to request because of concerns regarding traffic, safety and property values. The Commission received and filed a petition and written correspondence in opposition. The Zoning Advisory Commission discussed the request, indicating that the proposed zoning is not compatible with surrounding land use, but that the traffic situation would be little changed if the proposes business did locate at the proposed site. Recommendation By a vote of 6 to 0, the Zoning Advisory Commission recommends that the City Council deny the request. A simple majority vote is needed for the City Council to concur with the recommendation to deny the request. 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, Charles Miller, Chairperson Zoning Advisory Commission Attachments Service People Integrity Responsibility Innovation Teamwork THE CITY OF DuB Masterpiece on the Mississippi ❑Variance ['Conditional Use Permit ['Appeal ❑Special Exception ❑Limited Setback Waiver _ezoning /PUD Dubuque u 1Iv., 2007 PLANNING APPLICATION FORM ['Preliminary Plat ❑Major Final Plat DMinor Final Plat ['Simple Site Plan ['Minor Site Plan ❑Major Site Plan Please type or print legibly in ink SProperty owner(s): (,( I (a ( (i (-12 MI c O/ I d �"GIGt' (' %-�' /3•- 't�hone: 4'6 J o— 6/3! `/ I _ Address: 3/ S-' /�l716'e/ y /� .A City: /) J ( State;-/3 Zip: 5 Fax #: Cell #: E -mail: /L 62 f' 1 r(9� (.' l{,�'Ui9 0 La(- -t ' Applicant /Agent: ✓ Phone: Address: ['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 planning @citvofdubuque.org ❑Certificate of Appropriateness ['Advisory Design Review (Public Projects) ❑Certificate of Economic Non - Viability DHistoric Designation ['Demolition in Conservation District ❑Neighborhood Assoc. City: State: Zip: Fax #: Cell #: E-mail: Site location address: (<2-6911e/ Thin Existing zoning: Proposed zoning: De.-- District: k�117 Landmark: ❑Yes gNo Legal Description (Sidwell parcel ID# or lot number /block number /subdivision): 10— ZZ — 1 Oct.-- r) Z.c Total property (lot) area (square feet or acres): % a el l7 Describe proposal and reason necessary (attach a letter of explanation, if needed): 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 paymenos not guarantee approval; and 4. All additional requirgd writdn and graphic materials are a <Z Property Owner(s): 221 .r h-d. I7 / ..7 Date: // 'q/ Applicant /Agent(s): Date: FOR OFFICE USE ONLY Fee:. , Received by: � Date: t t "Z8 4 Docket: 3113 3113 3113 3113 3104 3104 3104 3104 3104 Base Data Provided by Dubuque County GIS THE CITY OF Dui Masterpiece on the Mississippi N Dubuque u� 2007 Vicinity Map Applicant: Julia Cheung & Alex Fursov Location: Next to 3150 Asbury Road (Southwest corner of Asbury Road & Evergreen) Description: To rezone property from R -1 Single - Family Residential District to OC Office Commercial District. Legend %% Proposed Area to be Rezoned Path: H:1Planning Services\Vicinity Maps\ZAC Vicinity Maps\projects \Cheung_Fursov Rezoning 12_14_11.mxd To: Wally Wernimont City Zoning Mission Statement For projected Take Out Deli and Catering Business to be located in the private owned and buildable lot at 3150 Asbury Road Dubuque, Iowa, 52001 Business operation will include the following the following: preparation and selling of food and food related retail items will obtain caterer's license will have 2 separate areas following health department codes, 1 for kitchen food preparation, and 1 for retail sales Business hours 9 am to 6pm Parking off street includes 5 spots by the retail store Parking on street is approximately 7 spots along the front property line 2 employees will be employed, 1 in kitchen and 1 in the retail store. 25 years of combined catering and food preparation experience in both Europe and Dubuque, Iowa Sincerely, Alex Fursov and Julia Cheung EVER f,-,c)r-ecov rs-44--47"-1, - • - . . - mom". =IF 3t 50 NSEwiky to 4 To: Zoning Advisory Commission Before we respond to the specific concerns about the re- zoning, it might be helpful to know a little about our background and business intentions. Alex and I are from Ukraine. I've been in this country for 14 years and I proudly got my citizenship 10 years ago. I graduated as an A student from the University of Dubuque. Back in Ukraine my family operated a deli business for 25 years. It is my dream to continue the family business in the US. My mother and stepfather are both professional chefs and will be participating in the future business with us. Alex has been a permanent resident in the US for a year now, and we have a new family. In Ukraine, he built, owned, and managed multiple food -based businesses. With our combined experience we are naturally led to create this new business together. As you know, we are American immigrants. We grew up living under communism and now that we are in the US we have come to greatly appreciate the opportunities democracy offers. We believe in the American dream. As immigrants we want to be contributing members of society. Despite the very difficult and challenging business conditions in Ukraine, we managed to have successful businesses there. We are confident that we can achieve the same and more here. We have learned through the examples of our parents that hard work and dedication will not only help us achieve our goals, but also to better our lives and the lives of those around us. Now let us tell you more about our proposed business. We recently purchased a house on Asbury road with an attached buildable lot. Being located in a mixed -use neighborhood with other established businesses already in operation all along Asbury road, it seems like a perfect opportunity for us to start our business here. We plan to introduce a European deli and bakery food items alongside American cuisine. It will be a small, family- operated business run by Alex and myself, and 2 employees total. In addition to producing and selling deli items, we will provide a catering service for special occasions. We anticipate 20 -30 customers throughout a day with about 50% of our business in catering and the other 50 %a in deli takeout. Therefore we don't anticipate that our business will create any significant disruption of traffic flow on Asbury Road. j j(/ The building itself will be approximately 900 square feet. In addition we will provide the city- required amount of off- ' street parking for our employees and customers. Signage will follow the OC district commercial sign regulation, which allows one freestanding sign and one wall- mounted sign. As far as the lighting of signs, we realize that the business will be located in a partly residential area and do not intend to go overboard. After all, we live right next door. We will comply with all aspects of city regulations and inspection requirements, including appropriate sanitation procedures. Dumpster size and frequency of removal can only be determined in the future once a volume of business is established. Regarding the concern about delivery trucks, we intend to start small and use our own catering van to pick up and deliver supplies to the establishment. Regarding snow removal, we feel there is sufficient space to accommodate snow. The combined square footage of both of our lots is nearly 20,000 square feet. We are excited to build our business on Asbury Road. We feel it is a viable location for a successful business. We prefer to build here because it will allow us to create a building to our exact needs and specifications. We also want to own our building rather than rent it from someone else. In conclusion, I just want to ask you to give us a chance. This business will be a great addition not just to our neighborhood but to the entire city. You will not regret it. We are sure that every situation has a solution once both sides agreed to communicate. Thank you for your time this evening. Sincerely, Julia C. and Alex F. REZONING STAFF REPORT Zoning Agenda: January 4, 2012 Property Address: Next to 3150 Asbury Rd. (Northwest Corner of Asbury Rd. and Evergreen St.) Property Owner: Julia Cheung and Alex Fursov Applicant Julia Cheung and Alex Fursov Proposed Land Use: Catering /Deli Existing Land Use: Vacant Adjacent Land Use: North — Residential East — Residential South — Residential West - Residential Proposed Zoning: OC Existing Zoning: R -1 Adjacent Zoning: North — R -1 East — R -1 South — R -1 West — R -1 Former Zoning: 1934 — County; 1975 — County; 1985 — R -3/C -1 Total Area: 8,400 Square Feet Property History: The property was originally platted circa 1860 as a part of the Clarence Arlen /Clover Hills subdivision and a farm house built on the westerly half of two lots in 1861. The property was annexed into the City circa 1965 and the east half of the property was never developed and is currently vacant. Physical Characteristics: The property is a level, approximately 8,400 square foot corner lot with 70 feet of frontage along Asbury Road and 110 feet of frontage along Evergreen Street. There are sidewalks and curb and gutter along both frontages. There are currently no curb cuts along the subject property. 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 residential 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 2009 average daily traffic counts indicate 15,200 vehicle trips per day along Asbury Road directly west of the subject property. Asbury Road has 40 feet of paved surface within a 66 Rezoning Staff Report — 2155 Rockdale Road Page 2 foot right -of -way and Evergreen Street has 32 feet of paved surface within a 50 foot right -of -way. 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 subject lot is surrounded by single - family residential development and is one lot removed from a church and associated parking lot. Although there is some commercial development along Asbury Road, it is located approximately 550 feet away from the subject lot both east and west and all of the intervening property accommodates single - family residences and a church. Commercial development of the subject lot may have a minor effect on traffic along Asbury Road and Evergreen Street, especially during peak periods. There may also be an increase in the ambient light level and amount of noise and activity in the residential neighborhood. On- street parking is not permitted on Asbury Road adjacent to the subject property. New commercial development is required to provide off - street parking based on the proposed use; however, it is possible that patrons of the commercial use may park on the street along the subject lot and in front of adjacent residential properties on Evergreen Street. CIP Investments: None proposed. Staff Analysis: The applicant is proposing to rezone an approximately 8,400 square foot vacant lot located at the corner of Asbury Road and Evergreen Street from R -1 Single - Family Residential district to OC Office Commercial district to permit a catering business and carry-out deli. The applicant purchased the vacant lot and the adjacent lot to the west that accommodates a single - family brick house built in the mid- 1800s. The property is surrounded by single - family residential use and is located in close proximity to several residences. Vehicular access to the property will likely be taken from Evergreen Street and will be relatively close to the intersection with Asbury Road, which has in excess of 15,000 vehicle trips per day. Development of the property will require a site plan that addresses street access, parking, exterior trash storage and storm water management issues. The OC district sign regulations permit one freestanding sign not to exceed 32 square feet in area and 10 feet in height and one, 16 square foot wall- mounted sign for the business. Internally illuminated and electronic message signs are permitted in the OC district. Commercial development of this property will slightly increase the amount of traffic along both Asbury Road and Evergreen Streets and also increase the light level and amount of noise, activity and demand for on- street parking in the neighborhood. Rezoning Staff Report — 2155 Rockdale Road Page 3 Recommendation: Staff recommends that the Zoning Advisory Commission review the criteria established in Article 9 -5 of the Unified Development Code regarding property reclassification. Prepared by: r!sa'�lt6‘,ljaG.iry Reviewed: f:lusersl kmunson lwplboards- commissionslzaclstaff reportslzac staff reports 2011\2155 r ckdale road stf rpt 09_27_11.doc ate: //.2?. / 5 -9 OC Office Commercial The OC District is intended to encourage and permit the establishment of commercial business uses in mixed use specialty areas. This district will generally be located in areas which have developed, or are appropriate to develop, as limited retail districts. This district should also be located in areas adjacent to established commercial districts, in historic and /or architecturally significant areas where the adaptive reuse of existing buildings is encouraged, in areas of particular tourist interest and along arterial and/or collector streets which are suitable for more intensive commercial development. 5 -9.1 Principal Permitted Uses The following uses are permitted in the OC District: 1. Art gallery, museum or library 2. Artist studio 3. Bakery (retail only) 4. Barber or beauty shop 5. General office 6. Medical office 7. Parking structure 8. Photographic studio 9. Place of religious exercise or assembly 10. Retail sales and service 11. School of private instruction 12. Single - family detached dwelling 13. Two - family dwelling 14. Multi - family dwelling 15. Any other specialty retail use of a similar nature and intensity 5 -9.2 Conditional Uses The following conditional uses may be permitted in the OC District subject to the provisions of Section 8 -5: 1. Bar or tavern 2. Bed and breakfast home 3. Bed and breakfast inn 4. Licensed child care center 5. Licensed adult day services 6. Off - street parking 7. Private club 8. Restaurant 9. Tour home 10. Wind energy conversion system. 5 -9.3 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 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 -9.4 Temporary Uses Temporary uses shall be regulated in conformance with the provisions of Section 3 -19. 5 -9.5 Parking Minimum parking requirements shall be regulated in conformance with the provisions of Article 14, except that a 25 percent reduction shall be allowed in the OC District for both permitted and conditional uses. 5 -9.6 Signs Signs shall be regulated in conformance with the provisions of Article 15. 5 -9.7 Bulk Regulations OC Office /Commercial Min Lot Min Lot Max Lot Area Frontage Coverage (square (% lot feet) (feet) area) Setbacks Min Min Front Side (feet) (fee Min' Rear Max Height (feet) (feet), Permitted Uses Single - Family 5,000 50 50 10 3 20 40 Two - Family 5,000 50 50 I 10 3 20 40 Multi - Family 1,200 /du - -- 50 10 31 20 40 Place of Religious Exercise or Assembly 20,000 10.0 50 10 10 20 75 2 All Other Permitted Uses - -- - 50 10 31 20 40 Conditional Uses Bed and breakfast home Bed and Breakfast Inn 50 10 3 20 40 50 10 3 20 40 Off- Street Parking Lot - -- Parking Structure - -- - -- 10 3 3 feet 40 All Other Conditional Uses 50 10 31 20 40 1 Plus one additional foot per floor above the second floor. 2 Places of religious exercise or assembly 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 Kevin S Firnstahl, City Clerk Address City Hall, 50 W 13th St Telephone 589 -4121 ORDINANCE NO. -12 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT THE NORTHWEST CORNER OF ASBURY ROAD AND EVERGREEN DRIVE FROM R -1 SINGLE - FAMILY RESIDENTIAL DISTRICT TO OC OFFICE 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 OC Office Commercial District, to wit: Lot 1 Block 2 Clover Hills Subdivision, and to the centerline of the adjoining public right -of -way, all in the City of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This Ordinance shall take effect upon publications, as provided by law. Passed, approved and adopted this Attest: Kevin S. Firnstahl, City Clerk day of 2012. Ric W. Jones, Mayor Pro -Tem Page 1 of 2 Departmental Email Planning - Rezoning proposal by Julia Cheung & Alex Fursov From: Craig Reber <creber @wcinet.com> To: <planning @cityofdubuque.org> Date: 12/27/2011 1:02 PM Subject: Rezoning proposal by Julia Cheung & Alex Fursov CC: <ghemenwa @cityofdubuque.org >, <bkahler @flexsteel.com> To whom it may concern, Please include this in the information packet for the Wednesday, Jan. 4 Zoning Advisory Commission's public hearing Julie Cheung & Alex Fursov are proposing to build and operate a take -out deli and catering business, located on the corner of Asbury Road and Evergreen Drive. It requires the rezoning of the property from R -1 single - family residential district to OC office commercial district). The proposal includes: Preparation and the selling of food and food - related retail items. Business hours 9 a.m. -6 p.m. Parking lot (5 -7 stalls) by the retail store with entry from Asbury Road Building size is 900 feet There are a number of residents who oppose the proposed rezoning of property from R -1 (single - family residential district) to OC (office commercial district) by Julia Cheung and Alex Fursov for the following reasons and concerns: . Heavy traffic. According to the most recent Iowa Department of Transportation study, there was an average of at least 15,000 vehicles traveling on Asbury Road (2008), a major east -west corridor in the city of Dubuque that is a key link to the city of Asbury. Estimates report that increases 3 percent annually. With the continued residential and commercial growth west, that will only increase. Asbury Road is a popular locale for both joggers and bicycle riders because of its lack of hills and flat topography, which increases the safety concerns, not only for motorists. Will the city have to install a traffic light at the intersection of Evergreen Drive and Asbury Road? What about a cross walk and a specific turning lane? This comes as a cost to the city, not to mention those property owners. Evergreen Drive is also a busy north -south corridor between Asbury Road and Kaufmann Avenue between Carter and Kennedy roads. There is extensive turning at the intersection, primarily west to east during the day — which is when the proposed business would be in operation. . Sanitation issues. The proposed operation includes the preparation and the selling of file: / /C: \ WINDOWS \Temp \XPgrpwise \4EF9C 1 D9DBQ_DODBQ_PO100171757A 13 C2... 12/27/2011 Page 2 of 2 food and food - related items. There will be a catering service as well. Where does the refuse go? There will have to be some sort of container, probably large, to store it. This is a small site, and when will it be removed? Daily? Bi- weekly? Weekly? ® Deliveries. We've already addressed the increased traffic concerns, but a commercial business requires deliveries of a variety of items, including fresh produce and perishable meats. How will these deliveries be made? Semi - tractor trailers? Some kind of truck, obviously. If that's the case — as it is on the corridor on University Avenue between Glen Oak and Alta Vista streets with a heavy commercial concentration (two pizza restaurants — take -out and delivery and two restaurants for example), then that will intensify the traffic. Those deliveries will have to be certainly made before the proposed 9 a.m. business opening, meaning anywhere from 7 -8 a.m., which is prime west -east travel time to a busy downtown. There will entry and exit issues. o Lighting. To entice customers, the business plan will have to include some sort of signage. That would be in the middle of a residential area. Does that make sense? o Snow removal. This is a concern for a small area. There is a proposed parking lot, that inevitably when the city has a heavy snowfall, the snow has to be removed. Where? On Asbury Road? On Evergreen Drive? On Julia and Alex's property? Snow piled high along the corridor during a heavy snowstorm constitutes a visibility situation, thus another safety concern. ® Viability. If the requested rezoning is approved and the proposed business doesn't flourish and closes, then what? According to the city's code of allowable office commercial, there are 15 listed principal permitted uses, including general office to multi- family dwelling or "any other specialty retail use of a similar nature and intensity." o Other locales. This is not a "NIMBY (not in my backyard)" issue. The signers of this petition are not opposed to individuals wanting to make a living. However, there are numerous vacated properties in areas zoned office commercial in Dubuque, including Kennedy Road and the Northwest Arterial, that could be utilized for Ms. Cheung and Mr. Fursov's proposal. Do not include my name with the above document, my contact numbers are for information only. If there are questions, the below numbers are the best way to reach me. Thanks Craig D. Reber 583 -9402 (residence) 563 - 599 -4011 (mobile) file: / /C: \ WINDOWS \Temp \XPgrpwise \4EF9C1D9DBQ DODBQ P0100171757A13C2... 12/27/2011 Kyle Kritz - Request to rezone Page 1 of 1 From: Pam Baal <pbaal @dupaco.com> To: Idaitz @cityofdubuque.org "' <ldaitz @eityofdubuque.org> Date: 01/03/2012 7:55 AM Subject: Request to rezone Mr. Kritz, I am writing concerning a request to rezone the corner of Asbury and Evergreen Dr. here in Dubuque. I live gn Evergreen Drive and am TOTALLY against this rezoning. We currently have difficulty turning down our street from Asbury with traffic as it stands now and can only image the problems it will created if you allow this rezoning to go thru. I strongly feel this will only create a very dangerous driving situation. If they are allowed to put this Deli up, everyone's safety will be at risk. Getting on and off Evergreen is trying as it is without putting another "road block" in the way. We currently have people speeding up and down Evergreen, using it as a short cut from Kaufmann to Asbury, with no regard for the children on our street. We feel this will be twice as bad if this deli is allowed to go thru. My vote is NO!!! I! I! there are plenty of empty store fronts in the vicinity that they can rent if this is there desire. Thank you for your time. Sincerely, Pam Baal Pam Baal Insurance Agent Dupaco Insurance Services 3299 Hillcrest Road P.O. Box 179 Dubuque, IA 52004 -0179 Phone: (563) 557 -7600 / 800 - 373 -7600, Ext. 2785 Fax: (563) 582 -5480 Visit us in person or online at www.dupaco.com file: / /C: \Documents and Settings \ldaitz \Local Settings\ Temp\ XPg rpwise \4F02B465DBQ_DODBQ_PO1... 01/03/2012 Page 1 of 1 Kyle Kritz - Rezoning property on Asbury Road From: "Peg" <pegmc@mchsi.eom> To: .oz2> Date: 01/03/2012 12:58 PM Subject: Rezoning property on Asbuiy Road Dear Mr. <ritz, I have lived f2390 Evergreen Drive Evergreen)Drive in Dubuque for the past 2334 years. I have recently read information about a request to rezone the 4 rof Asbury RoadaodEverAreenforoTake0utDdiaodCoteringHusiness.|v000gainotthisnezoning.Thereisa lot of normal daktraffic, especially afternoons between 2:30 and 6:00, without additional problems caused with cars pulling in, pulling out ond/ortakio�LheyarkinXcnrrendyavai|ab|eonth�tm/o��reo1z�|don'�fedEvergreonoanhand|�thotvxoway�raf8� and/or with cars parked on both sides of the street plus a possible entrance into a business. This nei hborhood is residential and should remain that way. Thank_you eading myconcenos.|haveo|sosiCnedoneofihepe{kk)osagainotthisrezooiog. Peg McPhail 2390 Evergreen Drive Dubuque, Iowa 52O01 ^ ��^ 563'556'5699 i� ■ �� 'T.,('� —1�"� "Ln "'^ `—~ } file://CA[loonmoo[ and S uu � ��[>�() ll(}l/�(l P().. 01/03/2012 - - - -- — -- December 28, 2011 Planning Services Zoning Advisory Commission City Hall — 2" d Floor 50 W. 13th St. Dubuque, IA 52001 RE: Proposed Zoning Changes To Whom It May Concern: I iii it'7 l; I __f JAN 3 2012 UPI OF0 My name is Marge Sweeney, and I received notification in the mail regarding a public hearing on proposed zoning changes in my neighborhood. My address is 3126 Asbury Rd, which is located next to the property requesting the change, at 3150 Asbury Rd. The owners of said property are Julia Cheung and Alex Fursov. The Zoning meeting is scheduled for Wednesday, January 4, 2012 at 6:00 p.m. I would like to hereby voice my opinion against approving these proposed changes. I do not wish to see any possible traffic issues as a result of this request and /or the addition of a business so close to my own personal property. Thank you for your time. If you have further questions, my information is below. Sincerely, Marge Sweeney 3126 Asbury Rd. `Dubuque, IA 52002 December 30, 2011 Dear Zoning Commission Members: 5 Vv. i 4 t` We are writing because we are very concerned about the zoning change request that is being heard by the Zoning Commission on Wednesday, January 4, 2012 for the corner of Asbury Road and Evergreen Drive in Dubuque. A couple has recently purchased the home and property at the northeast corner of this intersection and have plans to build a deli with catering services in a building they hope to build on the small vacant lot on the corner. Our family has lived at the top, east side, of Evergreen Drive since 1981; this zoning change request, if approved, would place a commercial property across the street from our home. We have concerns about the changes this would mean for our Evergreen Drive /Asbury Road neighborhood short term, with the proposed deli plans, as well as what it could mean potentially if the deli did not last long and the zoning change were to allow another type of commercial establishment in the area. The property owners have only purchased the property, which includes a home, in the last two months. They do not have a history with the make -up of the neighborhood and likely are not familiar with the traffic and other problems that a business on this corner would cause. The Evergreen Drive neighborhood is comprised of a mixture of elderly residents and young families with children who have bought the homes of our neighbors when they have moved out or died. Evergreen Drive is a quiet family street during non -rush hour traffic, or a short cut between Asbury Road and Kaufmann Ave which becomes unsafe during rush hour as traffic backs up all the way from JFK Road back east of Evergreen Drive, and drivers will turn down Evergreen Drive to find a quick way to get around the JFK /Asbury Corner by going down Evergreen Drive to Kaufmann and then west on Kaufmann to JFK. We plan to be at the Zoning Committee meeting on the 4th to talk about our concerns, but we wanted to send some of our main concerns in this letter in case the Committee has an opportunity to view the intersection before the meeting. * *Our driveway, even with current traffic flow on Asbury Road and Evergreen Drive, is very difficult to back out of safely. Sometimes there are cars parked directly across from our driveway entrance, and we have to turn very sharply as we are backing out to avoid backing into them. This means that often we are in the left lane, facing Asbury Road, when we have backed out. It often happens that cars turn from Asbury Road down Evergreen Drive just about the same time that we are backing out. This is not a safe situation for us or for the cars turning down Evergreen Drive. We strongly believe that a commercial property such as a deli would create more traffic, more people parking along Evergreen Drive, and make our backing out of our driveway more difficult and unsafe. * *The intersection of Evergreen Drive and Asbury Road is a very busy and unsafe corner many times of the day, even when it is not rush hour; east -bound cars on Asbury Road who stop to turn left down Evergreen Drive often get rear -ended as they are waiting for the west -bound Asbury Road traffic to clear for a left turn. We don't know the number of accidents that happen at this corner (many are not reported to the police when there is minimal damage), but it seems to be a fairly regular occurrence. With a busy driveway at the proposed deli (for patrons, catering vehicles, and supply trucks) just west of this busy intersection, the traffic problems would very likely increase. Asbury Road is used by many pedestrians for walking; this extra traffic would also put them at risk while crossing Evergreen Drive not only because of the traffic itself, but also because of the visibility problems caused by cars parked along Asbury and Evergreen. It may be that stop lights and a left turn lane on east -bound Asbury Road would need to be added to the intersection for safety and for traffic flow. * *Evergreen Drive is not only a short -cut between Asbury Road and Kaufmann Avenue, it is also a main route for beer trucks who take back streets up to Denny's Lux Club so they don't have to make a sharp turn off of Asbury Road at the Lux Club corner. There are a growing number of small children in the Evergreen Drive neighborhood who would be affected for many years by an increase of traffic by the addition of a commercial building on the corner. * *Many cars turning off of Asbury Road already turn around in our driveway and head back to Asbury Road. Thinking about the possible traffic flow of cars stopping at a deli at this corner, we would expect that many customers would turn down Evergreen Drive, stop and park along Evergreen, and then turn around in our driveway when their business is finished and head back to Asbury Road. While we realize that some people will always be turning around in our driveway, we have concerns that this could become a safety problem for our family in the regular use of our driveway. * *We are concerned about additional garbage thrown out by customers, and also the food garbage that would be left in outdoor garbage containers next to the building. Food garbage can become very smelly in the summer heat and create potential health problems. Paper garbage would make the neighborhood properties unsightly and less attractive for home buyers as well as family visitors who have been used to a clean neighborhood. In this as well as in other ways we believe having a commercial business on this corner would diminish the property values of the neighborhood homes. * *There would be more noise associated with a commercial building. * *Putting a business in the small vacant lot on this corner just doesn't seem to fit with the rest of the neighborhood, which is primarily residential. Changing the zoning for this tiny lot could open the door in the future for a number of other types of commercial establishments if the current property owners should decide to close or sell the property. * *Neighborhoods with businesses seem to be more prone to crime. There would be more people coming and going from the neighborhood, which makes our homes more visible to the criminal element. We app ;eciate t ughtful.consideration of this matter. j,7-r,� -fig �t 7C Robert and Donna Shaw 2210 Evergreen Drive Dubuque, IA 52001 (563) 556 -0655 FIER di-LecoAl ON - =•P C2 111; 11■071101 3(50 NSam =OEMS January 3, 2012 Dear Zoning Commission Members: r. ij IA i JAN 4 2012 This letter is to express our many concerns regarding the proposed zoning change for the property on the corner of Asbury Road and Evergreen Drive. We agree with most, if not all of our neighbors that the rezoning of this property from R -1 Single - Family Residential to OC Office Commercial would be a bad idea. We also agree with the concerns they have already expressed. We, David and Sharon McLaughlin, have lived at 2230 Evergreen Drive for the past 36+ years. It has always been a neighborhood comprised of families of all ages, ranging from young couples and families to elderly individuals. Over the years, as the city has grown and moved west, we have seen a major increase in traffic on Asbury Road, especially during lunch time, after school, and drive home hours in the early evening, all hours that the proposed Take Out Deli and Catering Business would be open. During these times, it is almost impossible to turn onto Asbury Road from Evergreen Drive, with traffic backed up in both directions on Asbury Road. We take particular issue with the Mission Statement that tells us that the majority of the parking is planned to be on public streets. During the above mentioned times of day, it would be next to impossible for drivers to attempt to parallel park on Asbury Road in front of the proposed business, thereby forcing more traffic and parking on Evergreen Drive. In addition, Asbury Road is a designated snow route. Where will these cars park when snow needs to be cleared? If cars park on Evergreen Drive, our street will become difficult to plow, causing additional snow to be pushed in front of residences. There are additional parking issues that need to be addressed. It appears that the drawing presented is not drawn to scale. It doesn't appear that the driveway is wide enough to handle cars entering and exiting at the same time, resulting in more traffic congestion near the intersection. From the drawing, we can see, at best, room for four parking spaces. Where is the designated handicapped space, which generally will get less use? How will vendors and trash trucks turn around in such small space? Where will employees and a catering vehicle park? How many customers can be seated at one time, tying up parking spaces for longer periods of time? It seems to us, that most all of the existing businesses along Asbury Road have sufficient off street parking to handle their customers /clients most of the time, versus this proposal which relies on a lot of on street parking all of the time. In addition, there is no notation as to where garbage is to be stored prior to pick up? Will this be facing Evergreen Drive? We are concerned with how our property values will be affected by a zoning change, and what other effects might happen should a different "allowable" use eventually take place, should the deli cease to be. As former business owners, we are supportive of small business. However, we also realize that not all locations are suitable for business, and all things need to be taken into account before making decisions with such long term effects. We strongly urge you to seriously consider all the long term ramifications in this matter. Respectfully, N David and Sharon McLaughlin 2230 Evergreen Drive Dubuque, Iowa 52001 (563)588 -3260 KA/1 /st GAO tnA. aructr cs /wt//EA. G-Eit SEA) t..te.ta/MIS RgBE,C ,7/63 3111 3131 313" t 3145 30 44 /%IQGuE 2210 2126 3.1.30 2240 2216 2260 X1270 22.2.6 2ASo JUAw REtposrtot►O MtLAuGHCLro rhEyEi4 W ACNEi& 14 E.-S/ E Ltacr n4 1,4/4444 LEY 4i4 fun 317r 3/ra rc,veuac• Fu4JOV nor KAHI.EAC Aar r il(43C 2a*,r cAttEw 2333 CcHEV_ 21rr focooLtiowAN AA r PtVjrotANQ_ n,r txat.,414r6.J p — 22'S ?AAA, r l!A A E-N sr. 23/0 32o 2 336 a2vo .23ra RA HE Cvr -A�sE 00,0A HuC VE0Ley BA AL kr/v 1 4ce 23 ?o nit fE rk_rt zY /z j9EarjcK VGO IAr3Ar►rfi Oov?E1 2 vyo I Act rCA. kior ans. Oe,ncA 6f?t c14wtC. Q i!, p W N C nor K e e-N E 23/F PtECSo•v 32r DEu /n<t(t(jC 2.73, 14 ufL4E z3Vr /4of1"04asN 23 t Coq Jo ter.) 2 414 y o (.-A 214y is Ai tsEL tom 3/Y0 i Petition opposing the rezoning of 3150 Asbury Road From a single-family residential to office commercial district for the proposed take -out deli and catering business by Julia Cheung and Alex Fursov for the attached reasons and concerns. Name Address Years of Phone Residence Number nor C ✓t16,Ceeed RS' aa.5 S �2 2245 e ,m-re� N. ♦'ie� f A31 VZJ �r�� A3 /5 - e� Z) LS- C/ a23 7- r tex 3 y h s l✓C p P /Ey: -N :Gw -yC12 V l.�-r` 7C- -�. •�U •' L.:- ( /C /c�'r /LL C' /79- (f,°ti/S C,y 3 9.5 E)' 'L= /? 6-4> CN DtV hicrikte -eh The %mac -„. ,;2/111 Bier v =ec 15r 4'cAAe/ /!y4fl tY /��jenire- .7/f 4 S c) (Li-2A 0- 25' 17 so 3 LS 5 74 3 SJ'6 -0830 O4 y$8 -28(L( f5 d -187.3 C ?tz% SY.3 7-4.54 rY 6» 13 7C/ 586 -4 /g/ 5-0 -V /O/ 33,1 LIS) Wort yn�vHr" Petition opposing the rezoning of 3150 Asbury Road From a single-family residential to office commercial district for the proposed take -out deli and catering business by Julia Cheung and Alex Fursov for the attached reasons and concerns. Name 1o//// (iOAt/Jlicf Years of Phone Address Residence Number iI �6? % (/ 10`g h? c ? i H - r, 6)- 7G . 1;►_, /j/ 74%4 d , I ; +/ I tN , // ;. ', C) A.,! _.: 11- et /.117 t7 �l ? Ley/ '&/t<ll � 7 JCS ) , 7 O 1♦ sb ?Q 925 - 0,11t, > r i 3 n 3( vAhh 56 2 7Y .5-C6 c 3 -z ir 012-57 f-54- A70071_4-7 5 7 ? >5 c %. -- "2' ;' 5j- u �� 4'v-7 5s3- 131,`� 1,75 513- l ehiu L)? -6 /a5° 5s�357f Name Petition opposing the rezoning of 3150 Asbury Road From a single-family residential to office commercial district for the proposed take -out deli and catering business by Julia Cheung and Alex Fursov for the attached reasons and concerns. Address 3 I enbuRiPc3 3151 ASloVU L4 3/57 4-S%4-1g `t' Iw t1/4:Afr- s i3M 32/5 td .1v go }di 36 96 l c 1151a 14:(0 3 I ° (Zee AA 32zt 461 y 3-2 3 K /( 3U, 6 (IAa 0 t&r j Nri�- Years of Residence 2I 3 / 0D Phone Number 533-1AI-10 14S I -S57D 573 -/ /GAT 5/7 05p Sr7f /i 5 � ci3S 5370' 7 7 ..5 5 — 7 7 (5-10 CC- 7S/o 5-83 '-`l ¥o 2 - 73S 7 01- _5,-.6-35 5b)%7 so 3Ol ,g 7 ,03_74 3fl - 5-6703 5 - 5$oc7 Petition opposing the rezoning of 3150 Asbury Road From a single-family residential to office commercial district for the proposed take -out deli and catering business by Julia Cheung and Alex Fursov for the attached reasons and concerns. / Address c2,;-10 EC v.0N re-an OA 2,270 6 �� 1 v4�✓X ti- .227o Years of Residence 30 30 34 6r -L. 4a) it �? ,2 2/6 9/ khA , a 8 .L,.5-Q A` A 5 SS aay6 6ASct„4a yd jS IL 3 W. o�� I�SG%?✓'7 S Vc ryrt^t'v Or Rlc-)ncr Msse ;PI e P( Phone Number Petition opposing the rezoning of 3150 Asbury Road From a single-family residential to office commercial district for the proposed take -out deli and catering business by Julia Cheung and Alex Fursov for the attached reasons and concerns. Name 1 w'' 41.4 I Address ra)r2 17,5" tver5' e c;il Z 3/J E v 5,cen or a310 Cy- wn- n:1 >r. 2.2 EVe -en Dr. O228St2 [Hcq Years of Phone Residence Number S -st -dsv / sr s RI -79-3D S`13 -065-Y S113- ObSt4 582 - cgd °dsde r8l -3923 Petition opposing the rezoning of 3150 Asbury Road From a single-family residential to office commercial district for the proposed take -out deli and catering business by Julia Cheung and Alex Fursov for the attached reasons and concerns. Years of Phone Name Address Residence Number 33 X63 5 63 .6. -53 SLasgal3t Petition opposing the rezoning of 3150 Asbury Road From a single-family residential to office commercial district for the proposed take -out deli and catering business by Julia Cheung and Alex Fursov for the attached reasons and concerns. Name �j '1 fir: -1)!!: %lam, U ✓ Address 0,7c-7-5-0 617i4414‘,--- 5,1442-t 0 Years of Phone Residence Number We, the undersigned, all registered voters, are opposed to the proposed rezoning of property from R -1 (single - family residential district) to OC (office commercial district) by Julia Cheung and Alex Fursov. The following are our reasons and concerns for this petition of a take -out deli and catering business to be located on the corner of Asbury Road and Evergreen Drive that will include: preparation and the selling of food and food - related retail items, business hours from 9 a.m. to 6 p.m., parking lot (5 — 7 stalls) by the retail store with entry from Asbury Road and building size of 900 feet. I. Heavy traffic. According to the most recent Iowa Department of Transportation study, there was an average of at least 15,000 vehicles traveling on Asbury Road (2008), a major east -west corridor in the city of Dubuque that is a key link to the city of Asbury. Estimates report that increases 3 percent annually. With the continued residential and commercial growth west, that will only increase. Asbury Road is a popular locale for both joggers and bicycle riders because of its lack of hills and flat topography, which increases the safety concerns, not only for motorists. Will the city have to install a traffic light at the intersection of Evergreen Drive and Asbury Road? What about a cross walk and a specific turning lane? This comes as a cost to the city, not to mention those property owners. Evergreen Drives is also a busy north -south corridor between Asbury Road and Kaufman Avenue between Carter and Kennedy roads. There is extensive turning at the intersection, primarily west to east during the day — which is when the proposed business would be in operation. 2. Sanitation issues. The proposed operation includes the preparation and the selling of food and food - related items. There will be a catering service as well. Where does the refuse go? There will have to be some sort of container, probably large, to store it. This is a small site, and when will it be removed? Daily? Bi- weekly? Weekly? 3. Deliveries. We've already addressed the increased traffic concerns, but a commercial business requires deliveries of a variety of items, including fresh produce and perishable meats. How will these delivers be made? Semi - tractor trailers? Some kind of truck, obviously. If that's the case — as it is on the corridor on University Avenue between Glen Oak and Alta Vista streets with a heavy commercial concentrations (two pizza restaurants — take -out and delivery and two restaurants for example), then that will intensify the traffic. Thos deliveries will have to be certainly made before the proposed 9 a.m. business opening, meaning anywhere from 7 — 8 a.m., which is prime west -east travel time to a busy downtown. There will be entry and exit issues. 4. Lighting. To entice customers, the business plan will have to include some sort of signage. That would be in the middle of a residential area. Does that make sense? 5. Snow removal. This is a concern for a small area. There is a proposed parking lot, that inevitably when the city has a heavy snowfall; the snow has to be removed. Where? On Asbury Road? On Evergreen Drive? On Julia and Alex's property? Snow piled high along the corridor during a heavy snowsto nr constitutes a visibility situation, thus another safety concern. 6. Viability. If the requested rezoning is approved and the proposed business doesn't flourish and closes, then what? According to the city's code of allowable office commercial, there are 15 listed principal permitted uses, including general office to multi - family dwelling or "any other specialty retail use of a similar nature and intensity." 7. Other locales. This is not a "NIMBY (not in my backyard0" issue. The signers of this petition are not opposed to individuals wanting to make a living. However, there are numerous vacated properties in areas zoned offcie3 commercial in Dubuque, including Kennedy Road and the Northwest Arterial that could be utilized for Ms. Cheung and Mr. Fursov's proposal. December 30, 2011 Dear Zoning Commission Members: We are writing because we are very concerned about the zoning change request that is being heard by the Zoning Commission on Wednesday, January 4, 2012 for the corner of Asbury Road and Evergreen Drive in Dubuque. A couple has recently purchased the home and property at the northeast corner of this intersection and have plans to build a deli with catering services in a building they hope to build on the small vacant lot on the corner. Our family has lived at the top, east side, of Evergreen Drive since 1981; this zoning change request, if approved, would place a commercial property across the street from our home. We have concerns about the changes this would mean for our Evergreen Drive /Asbury Road neighborhood short term, with the proposed deli plans, as well as what it could mean potentially if the deli did not last long and the zoning change were to allow another type of commercial establishment in the area. The property owners have only purchased the property, which includes a home, in the last two months. They do not have a history with the make -up of the neighborhood and likely are not familiar with the traffic and other problems that a business on this corner would cause. The Evergreen Drive neighborhood is comprised of a mixture of elderly residents and young families with children who have bought the homes of our neighbors when they have moved out or died. Evergreen Drive is a quiet family street during non -rush hour traffic, or a short cut between Asbury Road and Kaufmann Ave which becomes unsafe during rush hour as traffic backs up all the way from JFK Road back east of Evergreen Drive, and drivers will turn down Evergreen Drive to find a quick way to get around the JFK /Asbury Corner by going down Evergreen Drive to Kaufmann and then west on Kaufmann to JFK. We plan to be at the Zoning Committee meeting on the 4th to talk about our concerns, but we wanted to send some of our main concerns in this letter in case the Committee has an opportunity to view the intersection before the meeting. * *Our driveway, even with current traffic flow on Asbury Road and Evergreen Drive, is very difficult to back out of safely. Sometimes there are cars parked directly across from our driveway entrance, and we have to turn very sharply as we are backing out to avoid backing into them. This means that often we are in the left lane, facing Asbury Road, when we have backed out. It often happens that cars turn from Asbury Road down Evergreen Drive just about the same time that we are backing out. This is not a safe situation for us or for the cars turning down Evergreen Drive. We strongly believe that a commercial property such as a deli would create more traffic, more people parking along Evergreen Drive, and make our backing out of our driveway more difficult and unsafe. * *The intersection of Evergreen Drive and Asbury Road is a very busy and unsafe corner many times of the day, even when it is not rush hour; east -bound cars on Asbury Road who stop to turn left down Evergreen Drive often get rear -ended as they are waiting for the west -bound Asbury Road traffic to clear for a left turn. We don't know the number of accidents that happen at this corner (many are not reported to the police when there is minimal damage), but it seems to be a fairly regular occurrence. With a busy driveway at the proposed deli (for patrons, catering vehicles, and supply trucks) just west of this busy intersection, the traffic problems would very likely increase. Asbury Road is used by many pedestrians for walking; this extra traffic would also put them at risk while crossing Evergreen Drive not only because of the traffic itself, but also because of the visibility problems caused by cars parked along Asbury and Evergreen. It may be that stop lights and a left turn lane on east -bound Asbury Road would need to be added to the intersection for safety and for traffic flow. * *Evergreen Drive is not only a short -cut between Asbury Road and Kaufmann Avenue, it is also a main route for beer trucks who take back streets up to Denny's Lux Club so they don't have to make a sharp turn off of Asbury Road at the Lux Club corner. There are a growing number of small children in the Evergreen Drive neighborhood who would be affected for many years by an increase of traffic by the addition of a commercial building on the corner. * *Many cars turning off of Asbury Road already turn around in our driveway and head back to Asbury Road. Thinking about the possible traffic flow of cars stopping at a deli at this corner, we would expect that many customers would turn down Evergreen Drive, stop and park along Evergreen, and then turn around in our driveway when their business is finished and head back to Asbury Road. While we realize that some people will always be turning around in our driveway, we have concerns that this could become a safety problem for our family in the regular use of our driveway. * *We are concerned about additional garbage thrown out by customers, and also the food garbage that would be left in outdoor garbage containers next to the building. Food garbage can become very smelly in the summer heat and create potential health problems. Paper garbage would make the neighborhood properties unsightly and less attractive for home buyers as well as family visitors who have been used to a clean neighborhood. In this as well as in other ways we believe having a commercial business on this corner would diminish the property values of the neighborhood homes. * *There would be more noise associated with a commercial building. * *Putting a business in the small vacant lot on this corner just doesn't seem to fit with the rest of the neighborhood, which is primarily residential. Changing the zoning for this tiny lot could open the door in the future for a number of other types of commercial establishments if the current property owners should decide to close or sell the property. * *Neighborhoods with businesses seem to be more prone to crime. There would be more people coming and going from the neighborhood, which makes our homes more visible to the criminal element. We appreciate your thoughtful consideration of this matter. Robert and Donna Shaw 2210 Evergreen Drive Dubuque, IA 52001 (563) 556-0655 December 31, 2011 Zoning Advisory Commission City Hall 50 West 131h Street Dubuque, IA 52001 Dear Members of the Zoning Commission: I am writing this letter asking you to oppose the rezoning of the property adjacent to 3150 Asbury Road from R -1 Single - Family Residential to OC Office Commercial District. I offer the following reasons for my opposition: IT The properties surrounding are currently zoned R -1 Single - Family Residential, with the exception of a Chiropractic office connected to a residence across the street. To change this zoning to CO Commercial would be spot or isolated zoning causing disruption to the quality of life in the neighborhood. 2) The traffic on Asbury Road has increased significantly over the years. There are certain times of the day when it is very difficult for me to even exit my driveway now. Rezoning this property to CO Office Commercial has the potential to further add to the traffic issues. 3) There are many office and storefront business properties currently available for purchase, rent or lease in attractive locations in town. If the applicants are interested in opening a take -out deli and catering business, it seems that there are many opportunities to do this in properties already zoned for this purpose. Thank you for considering my views on this matter. Robert Krapfl 3091 Asbury Dubuque, IA 52001 563 -588 -9357 C -k-Asef C e_ . c/e.e c4- /1/(7 4/414-4 /7 -12-4/11,77 , ,„„,e, e2e 9/2/7- re7 - 4C1 At- 2-27/: // A/!' /(74Xi (ie L'‘7( /Cit" /7/ - /),(:=Vc S 6-77 ,...-/Acticasr r ;A:// L e At‘ Az- / 21.1' 2e: 9 2L I-1: C itti / / 7/1/7/ii /1-1-s / it1,5; e 'LK 77'5 7;" / A: /7 ,7 C" 1 47",4:1.1,1L7-7 ///../7 //"../,'7,77(- c 0,1 C) 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) 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. 131" Street Dubuque IA 52001 THE CITY OF DUB Masterpiece on the Mississippi Dubuque i� 1r 2007 January 5, 2012 Applicant: City of Dubuque Description: Amend Land Subdivision Section 16- 11 -15(k) Streets of the Unified Development Code (UDC) to incorporate Complete Streets Policy. 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 Staff Member Kritz reviewed the staff report, noting that the proposed UDC amendment establishes policy for Complete Streets. Staff noted that policy will primarily impact City street projects. Staff noted that new local residential streets within subdivisions would have sidewalks and curb ramps, but probably not need to accommodate transit routes or bike routes. There was one public comment in support of the amendment. The Zoning Advisory Commission discussed the request, and discussed with staff how developers would be informed of the policy, and when and how it would be applied. Recommendation By a vote of 6 to 0, the Zoning Advisory Commission recommends that the City Council approve the request. A simple majority vote is needed for the City Council to approve the request. Respectfully submitted, kit6 Charles Miller, Chairperson Zoning Advisory Commission Attachments cc: Gus Psihoyos, City Engineer Service People Integrity Responsibility Innovation Teamwork Masterpiece on the Mississippi ['Variance ❑Conditional Use Permit ['Appeal DSpecial Exception ❑Limited Setback Waiver ❑Rezoning /PUD Dubuque hitkri 2007 PLANNING APPLICATION FORM ['Preliminary Plat ['Major Final Plat ❑Minor Final Plat D Simple Site Plan ❑ Minor Site Plan ❑Major Site Plan ❑ Simple Subdivision El Text Amendment ❑Temporary Use Permit [Annexation ❑ Historic Revolving Loan DHistoric Housing Grant City of Dubuque Planning Services Department Dubuque, IA 52001 -4805 Phone: 563- 589 -4210 Fax: 563- 589 -4221 planning aC�cityofdubuque.orq ❑ Certificate of Appropriateness ❑ Advisory Design Review (Public Projects) ❑ Certificate of Economic Non - Viability ❑Historic Designation ❑Demolition in Conservation Districts ['Port of Dubuque Design Review Please type or print legibly in ink Property owner(s): N/A Phone: Address: City: State: Zip: Fax #: Cell #: E -mail: Applicant /Agent: City of Dubuque Planning Services Department Phone: 563-589-4210 Address: 50 W. 13th St. City: Dubuque State: IA Zip: 52001 Fax #: Cell #: E -mail: Site location /address: Neighborhood Association: Existing zoning: Proposed zoning: District: Landmark: ❑ Yes ❑ No Legal Description (Sidwell parcel ID# or lot number /block number /subdivision): Total property (lot) area (square feet or acres): Describe proposal and reason necessary (attach a letter of explanation, if needed): 16- 11 -15(K) to add Complete Streets Policy language. Amend Unified Development Code Section 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. Property Owner(s): Date: Applicant/Agent: ° -- Date: I /(1—// FOR OFFICE USE ONLY — APPLICATION SUBMITTAL CHECKLIST Fee: Received by: Date: /Z /5. /1 Docket: