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Zoning - 243 Valley St THE CITY OF Plarming Services Department City Hall 50 West 13th Street Dubuque, Iowa 52001-4864 (563) 589-4210 office (563) 589-4221 fax (563) 690-6678 TDD planning@cityofdubuque.org ~~~ November 14, 2005 The Honorable Mayor and City Council Members City of Dubuque City Hall - 50 W. 13th Street Dubuque IA 52001 RE: Rezoning Applicant: Greg & Nancy Adams Location: 243 Valley Street Description: To rezone property from R-1 Single-Family Residential District to R-2 Two-Family Residential District. l~- 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 request to rezone the property and noting that the topography of the parcels precludes more than two duplexes being built if the property is rezoned. Staff reviewed surrounding zoning and land use, and noted the site was formerly used as part of a "grandfathered" tree service business. There were several public comments expressing concern over storm water problems, traffic and negative impact to the value of surrounding properties. The Zoning Advisory Commission discussed the request, noting that the former use of the site by a tree service was more intense than the current request. Commissioners discussed the potential number of dwelling units if rezoned to R-2. Recommendation By a vote of 6 to 0, the Zoning Advisory Commission recommends that the City Council approve the request with following condition: 1) That development of the subject parcels be limited to four (4) single-family detached dwellings or two (2) duplexes. Iowa Code requires that the property owner(s) agree, in writing, to a conditional rezoning prior to the close of the City Council public hearing. Service People Integrity Responsibility Innovation Teamwork 243 Valley Street November 9, 2005 Page 2 A simple majority vote is needed for the City Council to approve the request as a conditional rezoning. A super majority vote is needed for the City Council to remove or change the condition recommended by the Commission. Respectfully submitted, ~~~~ Jeff Stiles, Chairperson Zoning Advisory Commission Attachments D~%duE ~<k.~ Gty of Dubuque Pla'-'I';ng Services Department l:ubuque, lA 52001-4864 Phone: 563-589-4210 Fax: 563-589-4221 PLANNING APPLICATION FORM o Variance DConditional Use Permit DAppeal DSpedal Exception DUmited Setback Waiver .~ezoning o Planned District OPrelirninary Plat o Minor Rnal Plat OText Amendment DSimple Site Plan OMinor Site Plan o Major Site Plan o Major Rnal Plat OSimple Subdivision OAnnexatioll OTempora'1' Use Permit DCertificate of Economic Non-Viability DCertificate of Appropriateness DOther: _, Please tvDe or Drint leQiblv in Ink Propertyowner{s): G~J:l:r.-AdC\% NA{'J<'~I j.. ftrM'f\s. phone:51,~~.5"(JO-J()lb .J J I Address: 1. tJ7 0 '1 SA tJ.hlliXl5 t CT. oty: 0 /j y Slate1A Zip: 1;;;.00 d- Fax Number: 5L3- ~ -j1Cjrj Mobile/Cellular Number: (b.1~, sqo -050'1 Applicant! Agent: \ PI fhi Phone: Address: 5 '\\ "" \: Oty: State: - ;~p: Fax Number: ,~ !Jl....f Mobile/Cellular Number: \ A- Yht v SitelocatiOn/address:\!\\U~J ~ z-'Y.3 YALLE,"" ~T , Existing zoning: f.. - I Proposed zoning: tL. ;;1, Historic District: tJo Landrr:arlc j.JC 10 .;:;457t:)1(p c "0', Total property (lot) area (square feet or acres): I.:J... 't- flC/Z.E Describe proposal and reason necessary (attach a letter of explanation, if needed): .JiL8E fJ l4 ~h B." V SlrJl 81 C:,d'E (Jvp{lw "-0 E:-€l.o,J-E:: Fn::...;V\ "-I, -ro IC--Z- CERTIFICATION: l/we, the undersigned, do hereby certify that: 1. The information submitted herein is true and oorrect to the best of my/our know1,!dge and upon submittal becDmeS public record; Fees are not refundable and payment does not guarantee approval; and All additional requined written and graphic materials are attached. -~~~d~ Applicant/Agent ro Il '1 ~LJ o 2. 3. Date: Oc1/ _~?(J[):'; Date: ue"t, 3. Up( " .... FOR OFFICE USE ONLY - APPUCATION SUBMITTAL CHECKLIST Fee~-3-.-- Received by: ~- Date:jc!'f/~ Dod:et: DSitejsketch plan 0 Conceptual Development Plan DPhoto DPlat Dlmprovement plans DDesign review proj~ desoiption DAoor plan DOtheI': PLAT OF SURVEY - RETRACEMENT LOTS 1-30, 31,. 32 AND 33 OF OAK GROVE ADDIllON I~ THE CITY OF DUBUQUE, IOWA UNION ADDITION N85'56'52"E 52.50 62..50 239.60 62..50 D \ T S8~. 8~8' >'SJ~e- 30' ALLEY N90'00'OO"E 85.50 NORlHWEST CORNER OF LOT 1-1-2-33 LEVI'S ADOIlION ' N62'32'46"E 10,00 "'J-{J / LOT 1-30 0.35 Acres 1-29 ~ r> <'l o 1Il S85'01'30"\'/ 80.78 ./ \ ANGLE POINT~ . ON.-'-50UTH .'UNE OF. LOT 1-1-2.8 s'" x,.'\ '-l ~\..\) o , GRAPHIC SCALE 60 I 120 I .dIll1IlIlIIIlI NORTH 1" - 60' DRAWING MAY HAVE 'BEEN REDUCED ANGLE POINT ON SOUlH UNE Of LOT 37 R ( LEGEND P ARca BOUNDARY FOUND 1" IRON PIPE W/ PLASlIC CAP NO. 1583 FOUND 1 1/4" IRON PIPE UNLESS NOTED SET 5/8" IRON RODW/ . PLASlIC CAP NO. 12631 ( ). RECORD INFORIAA liON R:O..w. RIGHT-Of-WAY . . o HQIE. 1HIS SURVEY IS SUBJECT TO EASEMENTS. RESERVATIONS, RESTRICllONS AND RIGHTS- OF-WAY OF RECORD AND NOT OF RECORD. . ALL DISTANCES ARE IN FEET AND DECIMALS THEREOf. PROPRIETORS: LARRY & DEBRA .LYONS SURVEYED FOR: LARRY LYONS TOTAL AREA SURVEYED: 1.24 ACRES DATE OF SURVEY: DECEMBER. 2002 eno WUI ~lC'CD~ .....n C!fID~1::' 1;1,. nun IIW ENGINEERS & ~ Slnt\r-E1rOltS,P.C. Iowa. IllinoIs. 'Wlllconsln 4155 Penna)lvanlo Ave. \\\\,"111111I1/1 ~,...,'\' \ 0 W ~ 111111,,. ~ """tI'"" ~ ~*......" "';*~ ;: 2' .If'\I-.fN 11 ~. \ I HEttEBY CER11FY 1HAT 1HIS lAND SURVEYING DOCUMENT WAS PREPARED AND lHE REl.AlED SURVEY WORK WAS PERFllRIlED BY ME OR UNDER IIY DIRECT PERSONAL SUPERVISIOII AND lHAT I AM A DULY UCENSED LAND SUR'VEYOR UNDER lltE LAWS OF lHE STAlE OF IOWA. ...... 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U en...... 0::: a. 0 <1> I 0 <( -l 00:::...... .: ~> ~lli, i ~ ~ ! ! ~ C[ if ,;,1!rI I ~ w <r o -J '"' ~ REZONING STAFF REPORT Zoning Agenda: November 2, 2005 Property Address: 243 Valley Street Property Owner: Greg and Nancy Adams Applicant: Same Proposed Land Use: Residential Proposed Zoning: R-2 Existing Land Use: Vacant/Residential Existing Zoning: R-1 Adjacent Land Use: North - Vacant/Residential East - Vacant/Residential South - Vacant/Residential West - Residential Adjacent Zoning: North - R-1 East - R-1 South - R-1 West - R-1 Former Zoning: 1934 - Two-Family 1975 - R-2 1985-R-1 Total Area: 1.2 acres Property History: The property was originally developed for residential purposes and subsequently became a staging area for a non-conforming tree service business. The former residences on the property were recently demolished and the property is currently vacant except for some stacked wood and a storage shed. Physical Characteristics: The property is approximately 1.2 acres on four lots located on a very steep portion of Valley Street. The property has approximately 230 feet of frontage along Valley Street and is over 200 feet deep at its deepest point. The property consists of two level areas - the first approximately 12,000 square feet and the second approximately 2,500 square feet. The properties are terraced with an approximately 14-foot embankment between them. The west portion of the subject property is separated from the adjacent residential lot by an approximately 24-foot high embankment. The east portion of the subject property is separated from the adjacent residential lot by an approximately 30-foot high embankment. There is a relatively sharp curve in Valley Street at the east end of the property. Concurrence with Comprehensive Plan: The Land Use Element of the Comprehensive Plan states, "to promote inclusive and economically integrated neighborhoods that allow a diverse mix of residences and housing types, and to provide a range of housing options throughout the community." The Land Use Element also states, "to buffer and protect incompatible uses from each other." Rezoning Staff Report - 243 Valley Page 2 Impact of Request on: Utilities: Existing utilities are adequate to serve the site. Traffic Patterns/Counts: Iowa Department of Transportation average daily traffic counts indicate 704 vehicle trips per day along Valley Street in front of the subject property. Public Services: Existing public services are adequate to serve the site if fully developed for residential uses. Environment: Staff does not anticipate any adverse impact to the environment provided adequate erosion control and storm water control is provided during all phases of development. Adjacent Properties: The level, buildable areas on the subject property are well removed in distance and elevation from the adjacent residential properties. Redevelopment of this currently vacant lot, that contains some refuse and a storage shed, should have a positive impact on the subject property and adjacent properties. CIP Investments: None proposed. Staff Analysis: The applicant is proposing to rezone four lots for a total of 1.2 acres from R-1 Single-Family Residential District to R-2 Two-Family Residential District. The subject property consists of two level buildable areas separated by steep terraces. Valley Street, in front of the subject property, is steep and curved. Although the square footage of the subject property may allow up to four duplexes at this location, the property is unlikely to be fully developed because of the topography. Residential structures at this location will be well separated from adjacent residences in both distance and elevation. The redevelopment of this property will serve to remove a non- conforming tree service, storage shed and stored materials. Staff recommends the Commission review the criteria established in Section 6-1.1 regarding zoning reclassification. Prnpa"", by' ~""""""'Ai- R,,;owed, li! 1 Jf!-o.te, F v If)' l.fc .05 Prepared by: Laura Carstens. City Planner Address: 50 W. 13th Street Telephone: 563-589-4210 ORDINANCE NO. -05 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 243 VALLEY STREET FROM R-1 SINGLE- FAMILY RESIDENTIAL DISTRICT TO R-2 TWO-FAMILY RESIDENTIAL DISTRICT WITH CONDITIONS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter described property from R-1 Single-Family Residential District to R-2 Two-Family Residential District, with conditions, to wit: Lot 1 of Lot 30, Lot 31, Lot 32 and Lot 33 of Oak Grove Addition, 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 immediately upon publication, as provided by law. Passed, approved and adopted this day of 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk MEMORANDUM OF AGREEMENT Pursuant to the Iowa Code Section 414.5 (2003), and as an express condition of rezoning of the property described as: Lot 1 of 30, Lot 31, Lot 32 and Lot 33 of Oak Grove Addition, 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. 92-05, a copy of which is attached hereto and incorporated herein by reference, the undersigned property owners, agree to the following conditions, all of which the property owner further agrees are reasonable and are imposed to satisfy public needs which are caused directly by the rezoning: A) Conditions: The following conditions shall apply to the subject property: 1) That development of the subject parcels be limited to four (4) single-family detached dwellings or two (2) duplexes. B) Reclassification of the Subiect Property. The City of Dubuque, Iowa may initiate zoning reclassification proceedings to the R-2A Alternate Two-Family Residential 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 Zoning Ordinance governing zoning reclassifications. All such modifications must be approved by the City Council of Dubuque, Iowa. D) RecordinQ. 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. 92- 05. E) Construction. This Agreement shall be construed and interpreted as though it were part of Appendix A of the Code of Ordinances of the City of Dubuque, also known as the Zoning Ordinance of the City of Dubuque, Iowa. F) This Agreement shall be binding upon the undersigned and his/her heirs, successor and assignees. ACCEPTANCE OF ORDINANCE NO. 05 We, Greg J. and Nancy T. Adams, property owners, having read the terms and conditions of the foregoing Ordinance No. -05 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this day of 2005. By Greg J. Adams By Nancy T. Adams Petition to the City of Dubuque Zoning Advisory Commission We, the undersigned are opposed to the request by Greg and Nancy Adams for the rezoning of the property at 243 Valley Street in Dubuque, IA from Rl: SinglecF'amily Residential District to R2: Two-Family Residential District for the following reasons: Pri~d Name / _ ~k-rr;- ?-/J/V' LevS s+ Date /c-Z7-o5 liJ---2: '7 t?5' " /C'-y.l7.l. a -z?-t:^,- IV-- 2-1-{7<)' A'~ zt..S- s: B8::...: ~~O '6/0 R..J~l YL , stoeP $1/f1Sjr// ojf/) ii-I -tJ ~@fEDW~ 'ov 2 2005 W CITY OF DUBUQUE PLANNING SERVICES DEPAR NT 1. Weare opposed to this rezoning because we do not believe "spot rezoning" should be allowed in a neighborhood that is zoned Rl. There are not any lots in the nearby area or neighborhood that are zoned R2. We do not want to see this said lot "spot rezoned" to R2. 2. We are opposed to this rezoning because it will create excessive water run off. Since the said property could potentially be rezoned R2 there will probably be a large, paved parking lot. This will create even more water run off than the houses below the said property currently experience. 3. We are opposed to this rezoning because Valley Street is already an extremely busy, heavily used street and with the opening of the new Hyvee store this Fall, it will make Valley Street even busier. The property at 243 Valley Street is located at a very dangerous comer. The comer has a very sharp bend in it just before the said property, and you can not see approaching cars until you get right at the comer. We believe cars leaving and entering the said property will make this even more of a hazardous comer. 4. We are opposed to this rezoning because Valley Street is already a very narrow street in which cars are allowed to park on both sides of the street. Currently, there aren't any cars that park on this side of the street since there aren't any houses there, but if this property is rezoned it will mean more cars parked on the street, even if there is a parking lot. These additional cars on the street will only make this section of Valley Street even more hazardous. Also, because Valley Street is on a steep hill the cars have a tendency to pick up speed when going up hill as well as down hill. All of these concerns are compounded and even worse during the winter season since the road is so steep and is very slippery. Also, after it snows and the snowplows come through, the road is even narrowe.r. 5. We are opposed to this rezoning because this is also our children's neighborhood and they play in and around this area and we parents are cOFlcemed for our children's safety. Additional traffic and cars in this area will only make this area more dangerous. As mentioned above, this section of Valley Street, at and around the said property, is a very busy, narrow road with a dangerous comer. We do not want to see any additioJYjtraffic on this road. F. Paul and Janice Loes 250 Valley St. Dubuque, Iowa 52003 October 24, 2005 Zoning Advisory Commission: We, the property owners of 44 years, F. Paul and Janice Lees, of250 Valley Street STRONGLY oppose the rezoning of our neighborhood from an Rl to an R2. We do not believe in SPOT ZONING! And this is just what it would be. This property is right above a very dangerous curve, both in the summer and especially in the winter. With the additional traffic it would become even more dangerous. We truly hope that you would deny such a request and listen to the property and tax payers of this street and neighborhood. Thank You for your consideration in this matter. F. Paul and Janice Loes 1,G?~~ r~ .LVI"" (I ':;VV'" ""U. UU .l'~ uu' UU".J..Ui7U v.;Jc,J. .l.IJ.:...nn., Vl'.l'.lVJ.:.. ~vv'" Petition to the City of Dnbnqne Zoning Advisory Commission We, the undersigned are opposed to the request by Greg and Nancy Adams for the rezoning of the property at 243 Valley Street in Dubuque, IA from RI: Single-Family Residential District to RZ: Two-Family Residential District for the following reasons: Printed Name Address Signature Date Igor @U1yana Kogoutiouk 852 Rush St., Dubuque, IA 10/28/05 ~ 1. We are opposed to this rezoning because we do not believe "spot rezoning" should be allowed in a neighborhood that is zoned RI. There are not any lots in the nearby area or neighborhood that are zoned RZ. We do not want to see this said lot "spot rezoned" to RZ. 2. We are opposed to this rezoning because it will create excessive water run off. Since the said property could potentially be rezoned RZ there will probably be a large, paved parking lot. This will create even more water run off than the houses below the said property currently experience 3. We are opposed to this rezoning because Valley Street is already an extremely busy, heavily used street and with the opening of the new Hyvee store this Fall, it will make Valley Street even busier. The property at 243 Valley Street is located at a very dangerous comer. The comer has a very sharp bend in it just before the said property, and you can not see approaching cars until you get right at the comer. We believe cars leaving and entering the said property will make this even more of a hazardous comer. 4. We are opposed to this rezoning because Valley Street is already a very narrow street in which cars are allowed to park on both sides of the street. Currently, there aren't any cars that park on this side of the street since there aren't any houses there, but if this property is rezoned it will mean more cars parked on the street, even if there is a parking lot. These additional cars on the street will only make this section of Valley Street even more hazardous. Also, because Valley Street is on a steep hill the cars have a tendency to pick up speed when going up hill as well as down hill. All of these cOJlcerns are compounded and even worse during the winter season since the road" is so steep and is very slippery. Also, after it snows and the snowplows come through, the road is even narrow. - 5. We are opposed to this rezoning because this is also our children's neighborhood and they play in and around this area and we parents are concerned for our children's safety. Additional traffic and cars in this area will only make this area more dangerous. As mentioned above, this section ofVa1ley Street, at and around the said property, is a very busy, narrow road with a dangerous comer. We do not want to see any addition traffic on this road. .\ 243 Valley Street ~ Rezoning Request .. ----------- ~ . . I /) / Property in Opposition ( fa"67. .. , roJ. Z 4-3 v' A <1..e--I S::. 'T. Rezoning Full Area .3k..O I '2..1 3 1 Rezone Area 53, z.z:.. q 1 . DONUT 30tO., ~ 13...[ 1 ROW B ~ f 3 I <0. 1 DONUT - ROW Z 2b J {,..b. 8 1 Opp ...., I , t;o (a6~ (--1, " "'to q ",-0 Z.,2."1f TotalODD I ~l D 7 G.7.'1 1 1 1 1 1 1 %OPP \ ' 5U~~E ~<k~ MEMORANDUM November 7,2005 TO: 1v1ichael Van Milligen, City Manager v'Jeanne Schneider, City Clerk Barry Lindahl, Corporation Counsel Laura Carstens, Planning Services Manager ~ FROM: SUBJECT: Percentage of Opposition for Rezoning at 243 Valley Street Planning Services staff has reviewed a petition of opposition to the rezoning request for the property at 243 Valley Street submitted by adjacent property owners, The request is to rezone the property from R-1 Single-Family Residential zoning district to R-2 Two-Family Residential zoning district. The Zoning Advisory Commission approved this request at their November 2, 2005 meeting. The request was approved with the condition that development on the property be limited to four single- family units or two duplexes. The property in opposition equals 67.1 % 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. //!,j ,;ft.'..,,, C'4Mf'..r 4V;// ,,~-/ be ~ih/i:' .t,:, <<#*"r1a/ 7'/le 1;<""-1..,/ /l'lU '6':y .5UIO' '771,/ N;// AC' C'u] or ~.<.//1. Petition to the City of Dubuque Zoning Advisory Commission We, the undersigned are opposed to the request by Greg and Nancy Adams for the rezoning of the property at 243 Valley Street in Dubuque, IA from RI: Single-Family Residential District to R2: Two-Family Residential District for the following reasons: Printed Name Igor Kogoutiouk Address 852 Rush Street 852 Rush Street Date 11110/2005 Ulyana Kogoutiouk h 11110/2005 1. We are opposed tq this rezoning because we do not believe "spot rezoning" should be allowed in a neighborhood that is zoned Rl. There are not any lots in the nearby area or neighborhood that are zoned R2. We do not want to see this said lot "spot rezoned" to R2. 2. We are opposed to this rezoning because it will create excessive water run off. Since the said property could potentially be rezoned R2 there will probably be a large, paved parking lot. This will create even more water run off than the houses below the said property currently experience 3. We are oPPosed to this rezoning because Valley Street is already an extremely busy, heavily used street and with the opening of the new Hyvee store this Fall, it will make Valley Street even busier. The property at 243 Valley Street is located at a very dangerous comer. The comer has a very sharp bend in it just before the said property, and you can not see approaching cars until you get right at the comer. We believe cars leaving and entering the said property will make this even more of a hazardous comer. 4. We are opposed to this rezoning because Valley Street is already a very narrow street iD. which cars are allowed to park on both sides of the street. Currently, there aren't any cars that park on this side of the street since there aren't any houses there, but if this property is rezoned it will mean more cars parked on the street, even if there is a parking lot. These additional cars on the street will only make this section of Valley Street even more hazardous. Also, because Valley Street is on a steep hill the cars have a tendency to pick up speed when going up hill as well as down hill. All of these concerns are compounded and even worse during the .winter season since the road is so steep and is very slippery. Also, after it snows . andtl1e snowplows come through, the road is even narrow. S . We are opposed to this rezoning because this is also our children's neighborhood ". and they play in and around this area and we parents are concerned for our children's safety. Additional traffic and cars in this area will only make this area . more dangerous. As mentioned above, this section of Valley Street, at and around t.tte:said property, is a very busy, narrow road with a dangerous comer. We do not want to see any addition traffic on this road. TOOIi!I !I:>I.!I.!IO SNV!lU .L!IS:> S60T6H&LOS XV.!I so:to SOO7./11/11