Request to Rezone 3051 Brunskill Road_McDermott, LeiboldPlanning Services Department
City Hall
50 West 13a, 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
Masterpiece on the Mississippi
Dubuque
cimakroc,inv
2007
February 3, 2012
Applicant: Dan McDermott / Darlene Leibold Trust
Location: 3051 Brunskill Road
Description: To rezone property from R -1 Single - Family Residential District to R -3
Moderate Density Multi - Family Residential 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
Dan McDermott spoke in favor of the request, noting that the property is comprised of
two lots approximately one acre in size, and he would like to develop townhouses.
Staff Member Kritz reviewed the staff report, noting that the two subject parcels are
under separate ownership. He discussed the zoning history of the property and R -3
standards and uses. He said that the applicant's request is to build two six- plexes that
would be served with a private drive. He discussed traffic counts, right -of -way widths
and connections with other streets for the Brunskill Road area. He outlined the adjacent
zoning and mix of land uses.
There were no public comments. An e -mail from adjacent property owners, Brenda and
Randy Mills, expressing some concerns with the request, was received and filed.
The Commission discussed if R -2 zoning would work for the applicant. Commissioners
discussed that the multi - family zoning would serve as a buffer to the adjacent properties
and is a good mix with the land uses in the neighborhood. Commissioners reviewed the
potential number of units based on the square footage of the site and bulk standards for
the R -3 District.
Service
People Integrity
Responsibility
Innovation
Teamwork
The Honorable Mayor and City Council Members
Page 2
Recommendation
By a vote of 4 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,
U�-
Charles Miller, Chairperson
Zoning Advisory Commission
Service People Integrity Responsibility
hmovation
Teamwork
THE CITY OF
DUB
❑ Variance
❑ Conditional Use Permit
❑ Appeal
❑ Special Exception
❑ Limited Setback Waiver
PLANNING APPLICATION FORM
• Rezoning
❑ Planned District
❑ Preliminary Plat
❑ Minor Final Plat
❑ Text Amendment
Please type or print legibly in ink
Property owner(s): Leibold, Darlene Trust
City of Dubuque
Planning Services Department
Dubuque, IA 52001 -4864
Phone: 563-589-4210
Fax: 563 - 589 -4221
❑ Simple Site Plan ❑ Annexation
❑ Minor Site Plan ❑ Temporary Use Permit
❑ Major Site Plan ❑ Certificate of Economic Non - Viability
❑ Major Final Plat ❑ Certificate of Appropriateness
❑ Simple Subdivision ❑ Other:
Phone: 815 - 747 -9087 .
Address: 105 Leibold City: East Dubuque State: IL Zip: 61025
Fax Number: Mobile /Cellular Number:
Applicant /Agent: Dan McDermott Phone (563) 213 -0358
Address: 9010 Royal Wood Drive City: Peosta State: IA Zip 52068
Fax Number: Mobile /Cellular Number: 563 -213 -0358
Site location /address: Brunskill Road Dubuque, IA 52003
Existing zoning: R1 Proposed zoning: R3 Historic District: Landmark:
Legal Description (Sidwell parcel ID# or lot number /block number /subdivision): Lot 2 -1 -3, Lot 2 -2 -1 and
Lot 2 -3 all of Mineral Lot 228 (1027406011)
Total property (lot) area (square feet or acres): 0.70 +/- Acres
Describe proposal and reason necessary (attach a letter of explanation, if needed): A //0(.1 c)ev e I e� —�
7 - 6 . 3 0 .S, /14 u l-E AI.' %/ Pte: I r. •
CERTIFICATION: I /we, the undersigned, do hereby certify that:
1. The information submitted herein is true and correct to the best of my /our knowledge and upon
submittal becomes public record;
2. Fees are not refundable and payment does not guarantee approval; and
3. All additional required written and graphic materials are attached.
Property Owner(s):
Applicant /Agent:
Date:
Date: 6/ /iD-
FOR OFFICE USE ONLY — APPLICATION SUBMITTAL CHECKLIST
Fee:* 3.3c€ C'cD Received by: l- Z 7 Date: /.C.. /Z Docket:
❑Site /sketch plan ['Conceptual Development Plan ❑Photo ['Plat
II
Improvement plans ['Design review project description ['Floor plan ['Other:
THE CITY OF
DUB
❑ Variance
❑ Conditional Use Permit
❑ Appeal
❑ Special Exception
❑ Limited Setback Waiver
PLANNING APPLICATION FORM
® Rezoning
❑ Planned District
❑ Preliminary Plat
❑ Minor Final Plat
❑ Text Amendment
Please type or print legibly in ink
Property owner(s): Frontier Dubuque Hotels LLC
❑ Simple Site Plan
❑ Minor Site Plan
❑ Major Site Plan
❑ Major Final Plat
❑ Simple Subdivision
City of Dubuque
Planning Services Department
Dubuque, IA 52001 -4864
Phone: 563 - 589 -4210
Fax: 563- 589 -4221
❑ Annexation
❑ Temporary Use Permit
❑ Certificate of Economic Non - Viability
❑ Certificate of Appropriateness
❑ Other:
Phone: 388 -9955 .
Address: 3100 Dodge Street City: Dubuque State: _ IA Zip: 52003
Fax Number: Mobile /Cellular Number:
Applicant /Agent: Dan McDermott Phone (563) 213 -0358
Address: 9010 Royal Wood Drive City: Peosta State: IA Zip 52068
Fax Number: Mobile /Cellular Number: 563 - 213 -0358
Site location /address: Brunskill Road Dubuque, IA 52003
Existing zoning: R1 Proposed zoning: R3 Historic District:
Landmark:
Legal Description (Sidwell parcel ID# or lot number /block number /subdivision): Lot 1 -1 -3 Mineral Lot
228(1027406005)
Total property (lot) area (square feet or acres): 0.3 +/- Acres
Describe proposal and reason necessary (attach a letter of explanation, if needed):
CERTIFICATION: I /we, the undersigned, do hereby certify that:
1. The information submitted herein is true and correct to the best of my /our knowledge and upon
submittal becomes public record;
2. Fees are not refundable and payment does not guarantee approval; and
3. All additional required written and graphic materials are attached.
Property Owner(s):
Applicant/Agent: , — ,-1t
Date:
Date: /,G, /d.
FOR OFFICE USE ONLY — APPLICATION SUBMITTAL CHECKLIST
Fee: Received by: Date: Docket:
❑Site /sketch plan ❑Conceptual Development Plan ❑Photo Plat
❑Improvement plans ❑Design review project description ❑Floor plan ❑Other:
Base Data Provided by Dubuque County GIS
THE CITY OF
Dui
Masterpiece on the Mississippi
Dubuque
11111.'
2007
Vicinity Map
N
A
Applicant: Dan McDermott / Darlene Leibold
Trust
Location: Brunskill Road
Description: To rezone property from R -1
Single- Family Residential District to R -3
Moderate Density Multi - Family Residen-
tial District.
Legend
%%
Proposed Area to be Rezoned
Path: 1-1:1Planning Services\Vicinity Maps1ZAC Vicinity Maps\projects \McDermott_Leibold Rezoning 01_09_12.mxd
REZONING STAFF REPORT Zoning Agenda: February 1, 2012
Property Address: 3051 Brunskill Road
Property Owner: Darlene Leibold Trust / Frontier Dubuque Hotels, LLC
Applicant: Dan McDermott
Proposed Land Use: Residential Proposed Zoning: R -3
Existing Land Use: Vacant Existing Zoning: R -1
Adjacent Land Use:
Former Zoning:
North — Commercial Adjacent Zoning: North — C -3/R -1
East — Residential /Commercial East — R -1
South — Vacant South — AG
West — Residential West — R -1 /PR
1934 — County AG
1975 — R -2
1985 — R -1
Total Area: 27.5 acres
Property History: Originally, the property was subdivided circa 1900 as part of the
Schute Subdivision, and a single - family home was built on the lot circa 1920. The
house was demolished in 1998 and the property has remained vacant since that time.
In May 2011, a request was made to rezone the property to C -3 General Commercial
and that request was denied by the City Council.
Physical Characteristics: The property is approximately three - quarters of an acre 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.
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 with 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 IDOT 2009 Average Daily Traffic Counts indicate
1,280 vehicles trips on Brunskill Road near its intersection with U.S. Highway 20.
Access to and from the site would be from Brunskill Road.
Rezoning Staff Report — 3051 Brunskill Road Page 2
Public Services: Existing public services are adequate to serve the property.
Environment: Staff does not anticipate any adverse impact to the environment
provided adequate erosion control and storm water management 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 and has access from both Dodge Street
and Brunskill Road. The property is also adjacent to a single - family home and
contractor shop to the east and 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 property. The applicant's request to rezone to R -3
Moderate Density Multi - Family Residential Zoning District is intended to facilitate
the construction of two six -unit townhouse dwellings. The proposed development,
when fully occupied, can be anticipated to generate approximately 70 average daily
trips. This would have very little impact on the overall traffic volumes along
Brunskill Road. Development of the parcel will generate additional noise and
activity than currently exists.
CIP Investments: None proposed.
Staff Analysis: The applicant is proposing to rezone the currently vacant parcel of land
along Brunskill Road from R -1 Single - Family Residential to R -3 Moderate Density Multi -
Family Residential 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's 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 across from the subject lot.
The proposed rezoning of this subject parcel to R -3 Moderate Density Multi - Family
Residential zoning district will facilitate the construction by the applicant of two six -unit
townhome dwellings. Attached to this staff report is a copy of the R -3 District standards
that list the permitted and conditional uses allowed in the District.
Planning staff recommends the Zoning Advisory Commission review the criteria
established in Article 9 -5 of the Unified Development Code regarding criteria for the
reclassification of property.
Prepared by:
Reviewed: /g1 Date: /.25• /2-
5 -5 R -3 Moderate Density Multi - Family Residential
The R -3 District is intended to provide locations for a variety of dwelling types ranging from
single - family to low -rise multi - family dwellings. The R -3 District also serves as a transition
between residential and nonresidential districts.
5 -5.1 Principal Permitted Uses
The following uses are permitted in the R -3 District:
1. Cemetery, mausoleum, or columbarium
2. Multi - family dwelling (maximum six dwelling units)
3. Place of religious exercise or assembly
4. Public or private park, golf course, or similar natural recreation area
5. Public, private, or parochial school approved by State of Iowa (1C-12)
6. Railroad or public or quasi - public utility, including substation
7. Single - family detached dwelling
8. Townhouse (maximum six dwelling units)
9. Two - family dwelling (duplex)
5 -5.2 Conditional Uses
The following conditional uses may be permitted in the R -3 District, subject to the provisions of
Section 8 -5:
1. Bed and breakfast home
2. Group home
3. Hospice
4. Housing for the elderly or persons with disabilities
5. Individual zero lot line detached dwelling
6. Licensed adult day services
7. Licensed child care center
8. Mortuary, funeral home, or crematorium
9. Nursing or convalescent home
10. Off - premise residential garage
11. Off - street parking
12. Rooming or boarding house
13. Tour home
14. Tourist home
15. Wind energy conversion system
5 -5.3 Accessory Uses
The following uses are permitted as accessory uses as provided in Section 3 -7:
1. Detached garage
2. Fence
3. Garage sale, provided that not more than three such sales shall be allowed per premises per
calendar year and not more than three consecutive days per sale
4. Home -based business
5. Noncommercial garden, greenhouse or nursery
6. Off street parking and storage of vehicles
7. Satellite receiving dish
8. Solar collector
9. Sport, recreation, or outdoor cooking equipment
10. Storage building
11 Tennis court, swimming pool or similar permanent facility
12. Wind turbine (building - mounted).
5 -5.4 Temporary Uses
Temporary uses shall be regulated in conformance with the provisions of Section 3 -19.
5 -5.5 Parking
Minimum parking requirements shall be regulated in conformance with the provisions of Article
14.
5 -5.6 Signs
Signs shall be regulated in conformance with the provisions of Article 15.
5 -5.7 Bulk Regulations
R -3 Residential
Min Lot Min Lot Max Lot
Area Frontage Coverage
(square (% lot
feet) (feet) area)
Permitted Uses
Single - Family 5,000
Two Family 5 000 ,
Multi -Famil 6 du !
max) 2,000 /du j 50
50 40
50 j 40
Townhouse (6 du max)
School, Place of
Religious Exercise or
Assembly
Conditional Uses
• Individual Zero Lot
Line
Group Home
Hospice
Rooming and
1,600 /du
20,000
5,000
5,000
5,000
40
16 /du 40
100
50
50
50
Setbacks
Front (feet)
Min
Max
20 i 50
20 I 50
Min
Side
(feet)
Min Rear
(feet)
4 20
4 ! 20
Max
Height
(feet)
30
30
20 i j 4 20 30
20 ! 4/0 ; 20/0 30
40 ! 20
40
40
20
20
20
50
20 20
10/0 20
4 20
4 20
Boarding House 5,000 50
Licensed Childcare
Center, Licensed Adult
Daycare
Bed and Breakfast
Home
Nursing Home
Housing, Elderly
Mortuary, Funeral
Home - 20,000 +' 100
Off - premise residential I
5,000 I 50 40 20
20
751
30
30
30
30
20 40
5,000 j 50 j_ 40 j 20 -! 50 , 4 20 30
20,000 i 100 j 40 I 20 - -- 20 20 30
20,000 ? 100 40 20 } - -- I, 20 20 30
40 20
20 20 30
garage 20 , _ 4 1 6 15
1 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.
See Section 3 -17 for adjustment of minimum front yard setbacks.
CITY OF DUBUQUE,
IOWA
OFFICIAL NOTICE
NOTICE is hereby giv-
en that the Dubuque
City Council will con-
duct public heartngs at
a meeting to com-
mence at 6:30 p.m. on
Monday, February 20,
2012, in the Historic
Federal Building, 350
West 6th Street, on the
following: •
Request from Dan
McDermott / Darlene
Leibold Trust to rezone.
property located on
Brunskilll Road from R-
1 Single - Family Resi-
dential District to R -3
. Moderate Density
Multi- Family Residen-
tial District.
Request from Gomer
Holliday Development,
LLC, to rezone Lot 3
Holliday Addition
(south of Aldi's on
Holliday Drive) from PC
Planned Commercial
District to C -3 General
Commercial District.
Copies of supporting
documents for the pub-
lic hearings are on file
in the City Clerk's Of-
fice and may be
viewed during normal
working hours.
Written comments re-
garding the above pub-
lic hearings may be
submitted to the City
Clerk's Office on or be-
fore said time of public
hearing. At said time
and place of .public
hearings all interested
citizens and parties
will be given an oppor-
tunity to be heard for
or against said
rezoning(s).
Any visual or hearing
impaired persons
needing special assis-
tance 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 S. Fimstahl
City Clerk
1t 2/10
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: February 10, 2012, and for which the charge is $18.77.
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this /o tg day of , 20 /o2 -
Notary Public in and for Dubuque County, Iowa.
MARY K. WESTERMEYER
Commission Number 154885
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. 13th St Telephone: 589 -4121
ORDINANCE NO. 12 -12
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 R -3 MODERATE DENSITY MULTI - FAMILY
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 R -3 Moderate Density Multi - Family District, to
wit:
Lot 1 -1 -3 Mineral Lot 288, Lot 2 -1 -3 Mineral Lot 228, Lot 2 -2 -1 Mineral Lot 288 and
Lot 2 -3 Mineral. Lot 288, 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 20th ay of February 2012.
Roy D. Buc Mayor
Attest:
Kevin irnstahl, Ci y Clerk
OFFICIAL
PUBLICATION
ORDINANCE NO. 12-12
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 3051 BRUNSKILL
ROAD FROM R -1
SINGLE-FAMILY RESI-
DENTIAL DISTRICT TO
R -3 MODERATE
DENSITY MULTI-
FAMILY 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 Residen=
tial District to R -3
Moderate Density Multi-
Family District, t0 wit:
Lot 1 -1 -3 Mineral Lot
288, Lot 2 -1-3 Mineral
Lot 228, Lot 2 -2 -1
Mineral Lot 2818 and Lot
2 -3 Mineral Lot 288,
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 publica-
tions, as provided by
law. •
Passed, approved and
adopted the 20th day
of February. 2012.
/s /Roy D. Buol, Mayor
Attest: /s /Kevin S.
Firnstahl, City Clerk
Published officially in
the Telegraph Herald
Newspaper on the 24th
day of February, 2012.
/s /Kevin S. Firnstahl,
City Clerk
It 2/24
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: February 24, 2012, and for which the charge is $14.90.
Subscribed to before me, a ary Public in and for Dubuque County, Iowa,
this ;TO day , 20 a„.
.
Notary Public in and for Dubuque County, Iowa.
, RY K, WESTERMEYER
iTA Commisalon Nurirfl•
Page 1 of 1
Kyle Kritz - Rezoning Brunskill Rl to R3
From: randy mills <brookl.randy @gmail.com>
To: <ldcritz @cityofdubuque.org>
Date: 02/01/2012 11:06 AM
Subject: Rezoning Brunskill R1 to R3
Brenda and Randy Mills 3055 brunskill road Opose the rezoning . If the lot dont sell for asking price for Rl. Do you
change the zoning to R3 so it sells Thanks Brenda Randy
file: / /C: \Documents and Settings \ldcritz \Local Settings \ Temp \ XPgrpwise \4F291CABDBQ_DODBQ_PO... 02/01/2012
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February 20, 2012
To whom it may concern:
I'm sorry that a previously scheduled lecture I'm giving tonight has kept me from
attending the meeting. I live at 3030 Brunskill Road and am against the construction of
rental multifamily dwellings being built across from my home. The majority of the homes
on our road are owned by those who live in them. I support building dwellings for sale on
the property.
•
Jill Hunt