Zoning - Herrig, John S Derby Grange Rd.
June 29, 2006
John & Sally Jo Herrig
13750 Surrey Lane
Dubuque, Iowa 52002
Dear John & Sally Jo,
Pursuant to our meeting today, I would like to extend an invitation to you to meet with
your neighbors to discuss your proposed development.
We will be gathering Sunday, July 2, at 7:30 p.m., at the Derby Grange Golf Pavilion. At
this meeting we welcome the opportunity to learn more specifics about your project.
Attached is a list of our concerns. It is our sincere hope that by having an open dialogue
we can arrive at a compromise which will be accepted to all parties.
Please accept our invitation, and our sincere wishes to arrive at some common agreement
concerning the development of our neighbor and our community.
~llY,
;L~ach
List of concerns:
1) Storm water runoff. Specifically, we are concerned where the water collected by
the streets, and other hard surfaces on the northern slope of the development will
be discharged. If this area discharges along Derby Grange Road, we are
concerned about the potential destructive impact to existing residential property.
Additionally, we are concerned about the potential increase of water discharged
into the valley and stream which runs thru the northwest section of the
development. Storm water runoff from recent developments have already had a
negative impact to property owners affected, and we are concerned how the
proposed development will manage the potential negative impact to property
owners.
2) Increased traffic. Recognizing that any development, including the residential use
we currently support, has the potential to dramatically increase the traffic count
on Derby Grange Road. We are concerned about the structural capabilities of the
road to handle the purposed impact of additional traffic. The current average
daily traffic count as of 2005 is 610 vehicles. We have been informed by
Dubuque city staff that Derby Grange Road will remain in the jurisdiction of
Dubuque County, and is not the responsibility of the City of Dubuque.
Communication with Dubuque County Engineer, Mike Felderman, raises
concerns about whether the seal coat constructed surface can handle the potential
impact of a commercial zone, particularly if heavy trucks are part of their daily
business operations. Additionally, considering the high likelihood that the
remaining properties east to John F. Kennedy Road will be annexed into the City
of Dubuque at some time, we have been led to believe that Dubuque County will
not be inclined to make any improvements to Derby Grange Road if needed. We
are concerned, if, the impact on Derby Grange Road causes structural
deterioration, will it be the City or County that provides the improvements needs.
The impact on property owners will differ significantly, depending if assessments
are levied on the adjacent properties.
3) Road Layout and Access. The proposed roadway layout includes no roadway
extensions to service or interconnect with future development of adjacent
properties. Weare concerned that the proposed plans reflect no consideration for
future development of adjacent properties. We are also concerned about the
safety of the main collector street intersecting Derby Grange Road 300' from the
crest of the hill.
4) Commercial vs. Residential use. The City of Dubuque' Proposed Future Land
Use Map designates this entire property for residential use. This is the first
property that is being developed that borders Derby Grange Road, and how this
development proceeds will greatly affect the direction of the remaining properties.
The natural lay of the land, south of Derby Grange Road, extending east to John
F. Kennedy Road offers tremendous residential possibilities. We are concerned
that if a commercial development is allowed to connect with Derby Grange Road
it will negatively impact the potential for future residential development. We
view our neighborhood as rural residential presently, and welcome city or county
residential as our future.
June 30, 2006
Mr. Roy Buol
Mayor
City of Dubuque
City Hall
Dubuque, Iowa 52001
Dear Mr. Buol,
Pursuant to the recommendation of the City Council, I have invited Mr. Herrig to a
meeting with the neighbors who object to his proposed development project. This
meeting is scheduled for Sunday, July 2.
Enclosed is a copy of the letter given to Mr. Herrig on June 30. He has accepted our
invitation and we look forward to the opportunity to share our concerns, and hear more
details about his plans.
As a result of this new dialogue between Mr. Herrig and the group who has opposed his
rezoning, I ask for the opportunity to address the City Council at the July 5th meeting.
We have followed your suggestions to engage Mr. Herrig in discussions, and we would
like to briefly comment back to the Council our results.
R~
R~Ch
~
1":,__
June 26, 2006
Mayor Roy BooI and
Dubuque City Council Members
City Hall
Dubuque, Iowa
Re: rezoning of Herrig property South of Derby Grange Rd.
Since the City Council meeting on June 19, we have seen the Proposed Future Land Use Map and have bad
discussions with our Derby Grange Road neighbors. As a result, we are no longer in favor of ANY commercial
development on the Herrig property. Details of our objections to the conunercial zoning are listed below, but
primarily the land use map shows Qm.Y mixed residential on the south side of Derby Grange Road - aoy
conunercial in the area would be contrary to that plan and an unwanted precedent to future scattered zoning issues
that aoy developer might want to force on the residents of the area. We STRONGLY urge the City Council to deny
the rezoning request and refer this matter back to the Zoning Board of Adjustment fur further hearing, and direct
the Developer to revise his plans.
Reasons for urging a denial of the rezoning request :
1. Compliance with Proposed Future Land UIe Map: The City of Dubuque's Proposed Future Land Use Map
designates this emire property for mixed residential uses. The proposed conunercialland use is not in compliance
with the proposed draft land use plan. If conunercial zoning is designated for this property, the land use plan
currently being proposed will already be outdated and ineffective. A mix of residential uses would be in conformity
with that proposed as part of the City's long range planning efforts.
2. Residentil! UlIelI: WbiJe a mix ofresidemial uses and densities is acceptahle for this area, it is strongly
recommended that any rental units or apartments be prohibited The nature of the surrounding area includes
strictly single family owner occupied homes. This pattern should be respected with a restriction on this
development that limits residential uses to owner occupied homes, which con1d be single family attached (such as
townhomes or condominiums) or single family detached homes.
J. Questionable CommerciI! Loeation: The location of this commercial proposal, "behind" several large
shopping centers and nowhere close to aoy major arterial streets, is a third rate location (at best). These
conunerciallots would only be desirable for conunercial uses that do not rely upon high traffic or high visibility
locations. These are often questionable conunercial uses. such as equipment renta1 places, auto or truck repair, and
similar psuedo-industriaI users that often rely upon outdoor storage and will not be good neighbors to the planned
residential development, or to the existing residential uses in the area. These users would be similar to uses on
Cedar Cross Road, Century Drive, and similar locations. We don't understand why the City of Dubuque, after
working toward the quality development shown a10ng the Northwest Arterial, would allow this poorly conceived
development to proceed without at least requiring Planned Commercial zoning.
4. Road Layout: The proposed roadway layout includes no roadway extensions to service or iuterconnect with
future development of adjacent properties. Roads and all utilities should be stubbed to the acljacent properties to
service the future development of those properties. Mr. Herrig is keeping 37 acres to the west oftbe property in Al
agriculture zoning but the plot shows no access to this property. which will be surrounded hy sing1e-family
residences.
.
.
Page 2
Re: rezoning of Herrig property South of Derby Grange Rd.
5. Access Location: With the planned extension of the collector street to intersect with Derby Grange Road, it is
certain that traffic signals and other improvements will be necessary in the future. The vertical curve at the top of
the hill on Derby Grange Road will not allow for adequate reaction to traffic that may be stopped and/or turning at
the proposed collector street. Further, the proposed intersection does not line up with any of the existing
intersections on the north side of Derby Grange Road. Both of these issues make future intersection improvements
very problematic for the proposed location. The layout of the streets should be amended to provided connections to
adjacent properties, for a future extension of a street that would align with Herod Lane at the top of the hill,
allowing for an appropriate intersection layout in the future.
6. Lift Station: The Developer's proposal for the City to pay for and construct water and sewer lines and a lift
station to service this development, with no recapture or connection fees for the Developer, is unacceptable. The
City taxpayer money is being used simply to allow this developer to achieve financial gain with minimal risk or
expense. Further, a second lift station may be needed at the northwest and northerly portions of the site, in order tu
provide sewage utilities to the 100+ lots proposed for the approximately 77 acre area.
7. Water Runoff Control: There is a great elevation differential from the development property to the property of
the residents downhill on Derby Grange. Runoff issues were not addressed on any paperwork that we were able to
see, and no runoff controls were defined or shown on the submitted sketches of the development property.
8. Future Plans: The Developer stated the he is keeping 37 acres in Al agriculture zoning for his personal
residence - is this land then available for future development whenever he decides to do so? If so, then it should be
zoned RI NOW to provide some assurance for the local residents and avoid re-zoning issues in the future. The
property is bordered on three sides by single- family residences.
We believe a more carefully thought out plan can benefit the Developer, the City, and the neighboring property
owners. Again, we ask that the City Conncil refer this matter back to the Zoning Board of Adjnsttnent for further
hearing, and direct the Developer to revise his plans and work with the neighborhood to design an acceptable
development property.
Thank you.
Yours truly,
~~~L~
Esther A. Farnum
!(AJk;v Il ~
13717 Derby Grange Road
Dubuque, Iowa, 52002-1012
563-582-8049
Planning Services Oept
City Hall, Second Floor
50 w 13'" Sf.
Dubuque, IA 52001-4864
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lffi JUN 2 7 2006 1l!!J
CITY OF DUBUQUE
PLANNING SERVICES DEPARTMENT
William & Connie Clasen
13614 Derby Grange Rd.
Dubuque, IA 52002- 1 020
Honorable Mayor and City Council Members
We would like to address the issue of the rezoning requested by John & Sally Herrig of the land that is
soutb of our property tram County A I Agricultural to City AG Agricultural District, R-3 Moderate Density
Multi-family Residential District and C-3 General Commercial District.
The Zoning Advisory Commission recommended R-2 Two-Family Residential and C-3 General
Commercial District witb a 20 percent setback. The City of Dubuque's Proposed Future Land Use Map
designates this entire property for mixed residential uses. Commercial land use is not in compliance with
the proposed draft land use plan. We would like to see this land zoned R-I Single-Family only with perhaps
R-2 lining lhe coHector-streel, notC-3. This would comply with the long-range plan for lhis area.
We are also conc.erned about the collector street location. Will there be adequate reaction time for traffic
turning on and otfofthe collector street? It is so close to tbe top on the hill. Will a traffic light be
necessary'! What about the water run offtrom all the roofs and streets Will that be directed through our
property?
Why is city taxpayer money being used to construct a lift station, streets and sewer to allow John Herrig to
achieve financial gain with minimal risk or expense? How will the city gt1 back this investment?
We believe these changes benefit the City of Dubuque and tbe neighboring property owners. We ask that
the City Council refer this matter back to the Zoning Board for turther hearing, and direct the Developer to
revise his plans and continue to work with us to develop a plan that we can all embrace.
Respectfully,
William Clasenr{} .
W&lWl ~
Connie Clasen
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Honorable Mayor and City Councilmen:
Re: Zoning of Proposed Commercial Property by John/Sally Jo Herrig
Zoning of Proposed Residential Property'l ""'1 II II"I' II II II "II II """,,,"","II
We are Douglas and Eileen Coates and live at 13102 Derby Grange Rd.
We own and operate the County Agricultural land located directly
East of the proposed Commercial area on the Herrig property.
It seems very unreasonable to allow commercial zoning of any
type in an already established single family residential area,
since there is a PUD with PC designation abutting the property
on the South, plus the unoccupied commercial space available in
the Asbury Plaza Shopping Center. Commercial zoning in this
area would definitely deflate our property values, deter future
housing in the area, increase traffic, and in general, take
away the tranquility of our neighborhood.
We've always had high hopes of developing our property into
R-1 residential(compatible with present housing) in the future.
With Commercial just across our property line, that's not likely
ou~
to happen. Who wants to look1the window and see the backdoors
of businesses with property cluttered with dumpsters and pallets
of supplies?
We respectfully ask the Council to examine the possibility of
R-1 or R-2 housing or perhaps a green space in the proposed
Commercial area, all in keeping with the current neighborhood
housing standards and blend in with Mr. Herrig's housing devel-
opment. A park area would be a step to encourage families to
spend more time together and at the right price---FREE.
Family time is lacking in today's society, I think we all agree.
In making your decision, please take into consideration how your
zoning proposal will affect the neighborhood.
( 2 )
If zoned Commercial, will the businessessallowed there be con-
ducive to a residential area?
If zoned Commercial, will Derby Grange Rd. handle the extra traffic?
I did a personal traffic count on Friday, June 23, 2006. From
my yard, a total of 440 vehicles traveled on Derby Grange be-
tween the hours of 3 p.m and 6 p.m.
If zoned Commercial, is Plaza Drive/Derby Grange intersection
a safe distance from the peak of the hill (good visibility, how
about the possibility of being rear-ended while attempting to turn
left from Derpy Grange onto Plaza Drive), has a traffic pattern
been studied to ensure safe ingress and egress at Derby Grange/
Plaza Drive for delivery trucks of all sizes?
If zoned Commercial, will there be adequate screening from
adjacent properties?
If zoned Commercial, will rules and regulations7put in force
to protect the neighbors?
We know you've heard it all before, but is it really worth
disrupting a neighborhood built on trust, dependability, friend-
ship, contentment for a few extra tax dollars?
At the June 19 City Council meeting, Mr Herrig asked for trust
between the City Council and the developer. We're asking for
trust between the City Council, the developer and the citizens
of our neighborhood.
We can live with R-I or R-2 housing on this entire proposed
acreage. However, in our opinion, commercial is just simply
out of place.
The facts are: 47 single family homes are in 8/10 of a mile
L--
(3 )
radius of this proposed Commercial property.
There are no commercial establishments on or adjacent to Derqy
Grange Rd., which spans a distance of 4.4 miles.
The Derby Grange Golf and Recreation Center and also a church, both
of which are family-oriented, are in our immediate neighborhood.
Plenty of commercial space is available abutting this property,
plus unoccupied space in the Asbury Plaza Shopping Center.
We extend an invitation to the City Council, Mayor and City
Manager to take a drive out to our neighborhood, park your car,
look around, and just get the feel of the well-being that will
surround you.
Thank you for your time and consideration.
Respectfully submitted,
[~~ ('~Ji:4-/
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:Mary Jo ana'Roner ZaCaznik
13919 Surrey Lane
Vu6uque, IJt 52002
(563) 690-0784
June 26, 2006
Dubuque City Council
City Hall
Dear Honorable City Council members,
We would like to express our opinion regarding the final zoning of the property
south of Derby Grange Road which is owned by John Herrig. In order to keep in
line with the existing homes in the area, we feel that the zoning should only be for
single family homes and no commercial property. We understand that housing
will eventually expand to the area and that's progress, atter all this is a beautiful
area to live. But, there needs to be more careful and thoughtful long range
planning put into a project such as this in order to keep our neighborhood family-
oriented.
Please consider our opinion in the final evaluation of this property zoning.
Sincerely,
~~~r~fP~
Ma JP Iii Ik
rt
v
June 26, 2006
Dear Mayor and council members,
I (Mary Jean Clemen-Reding) attended and spoke at the June 19,2006 public
meeting concerning the rezoning of the Herrig and Butler properties. My husband Steve
and I live on Surrey Lane, which is across the road from the planned development. I
specifically addressed the traffic problems we will encounter from such a development. I
also called into the KDTH radio program on Wednesday, June 21 and expressed my
concerns again to Mayor Buo!' I invited everyone on the council to drive down Derby
Grange Road from JFK, pass over the 2 one lane bridges and proceed up Hales Mills
Road around the so called "suicide" corner and see if this road is fit for more traffic.
Doug and Eileen Coates did a traffic count on Derby Grange Road on Friday June 23'd
from 3-6:00 p.m. Over 400 cars were counted. How can this road handle thousands
more that such a development will create?
Our other concern that I addressed at the June 19th meeting was our total
opposition to any commercial rezoning. In the 4.4 mile stretch of Derby Grange Road all
the properties are zoned Rl or Agricultural with the exception of I spot zoning. All are
welcome to come out here for a drive and take a look at our beautiful properties and tell
us that commercial zoning would make a nice fit for our neighborhood. I beg to differ.
Quoting Ron Breitbach at the June 19th meeting, "Does the city of Dubuque need more
commercial property?" There is commercial property sitting empty all over Dubuque.
Also, we feel that a commercial zoning will result in decreased property values in the
Derby Grange neighborhood. We feel that this proposal should go back to the zoning
board for further review. Many issues have not been adequately addressed. Some of the
other issues which are concerning us are; Restrictive covenants (are double wide trailers
allowed?), will there be green space and parks? A walking trail? How will the city and
the developer handle water and sewage in the development? We have not read any
specific details about the proposed development. Some sort of written plan should be
available to all concerned property owners upon request.
Mr. Herrig, to date, has not contacted any of the opponents of his development to
reach an agreeable solution, as was suggested at the June 19th meeting. We ask that the
city council address all of these concerns before any rezoning is granted. We
acknowledge the fact that the city of Dubuque will continue to grow and the blending of
commercial and residential properties is often difficult. More thought and input is needed
in this case so that the Derby Grange neighborhood will remain a great area to live and
that we can protect our investment in our properties.
Thank you for taking the time to read and consider our comments.
Sincerely, 'i t
.Mjl~Zj ~~. e ,~-a~
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Mary Jean and Steve R Cling
13918 Surrey Lane
583-2259
Planning Services Dept.
City Hall, Second Floor
50 W. 13111 Street
Dubuque, IA 52001-4864
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Atten: Public Hearing, Rezoning of Property
South of Derby Grange Road
Honorable Mayor and City Council Members,
My name is Kimberly A Schmitz VanDee. I live at 13623 Derby Grange Road (parcel ill
1008327005, SecffwplRng 08 T89N R2E).
I am writing to express my concerns regarding John Herrig as a developer and in regards
to the development in the South of Derby Grange Road and North of Asbury Plaza area.
My parents, Doug and Chris Schmitz purchased the above named property in 1989. At
that time there was just a field up behind their property. It is now Surrey Lane. I have
been living at this residence since 1999 and have since purchased the property from my
parents. While the Surrey development has grown, I have experience water issues in and
around my property. I have had to on two separate occasions, had to rent equipment and
hire labor to have the ground behind my house regraded, new drain tile laid and the grass
reseeded because I was having water entering in the on backside of my house. The run
off on the driveway side, I had to have redug and redirected because of the run off of
water was tearing up and w,,~h;ng my driveway away. I am sure that Mr. Herrig at the
time of development did not care where and in what direction the run off of water went. I
have spent alot of time and money fixing his mistakes, gutting the rooms in my house due
to mold that has accrued from the damage of water that has entered my home.
I hope you keep all of this in mind so that the residents such as the Clasens, Capauls and
Fleischmann do not have to experience the same issues or similar issues that I have had
to. I strongly believe that Mr. Herrig is only looking out for himself and no one else.
Thank you for allowing me to express my concerns. I hope that each and every one of the
Council members takes the time before allowing Mr. Herrig to do any further developing.
Sincerely yours,
~trrbxt~~h
Kimberly A Schnntz VanDee "
Dear City Council Members,
June 27,2006
Pursuant to the John and Sally Jo Herrig request to rezone approximately 120 acres on Derby Grange
Road, we wish to express our concerns. We would welcome R2 zoning for the entire parcel, and object to
the commercial zoning request for the following reasons:
1. We believe a study of the existing commercially zoned properties, in our immediate northwest
corridor of Dubuque, is more than adequate to meet the actual needs of the city. We indude such
developments as the 150 acres owned by Wendell Corey, Motor City LLC, and the 160 acre Pfohl
property at the corner of Asbury and the Northwest Arterial, as well as the remaining Asbury
Plaza and Quagliano Properties. Additionally, there is significant commercial land available at the
intersection of the Northwest Arterial and JFK Road. We simply do not believe there is a
compelling argument to add additional commercial property, especially to the detriment of the
surrounding property owners.
2. We respectfully ask that a traffic study be conducted to substantiate the claim that Derby Grange
Road can handle the proposed increase in commercial traffic. Mike Felderman, Dubuque County
Engineer, reports that a 2005 traffic count conducted by the State showed an average daily traffic
count of 61 O. Considering that Derby Grange Road is constructed of seal coat, we believe it does
not conform to the desired design standards required for commercial developments. We recognize
that the City will only be responsible for a small section of Derby Grange Road, yet we ask the
council to acknowledge the impact it will have on the remaining sections. Presently the County
has no plans to upgrade Derby Grange Road.
3. We have joined many of our neighbors in stating our objection to the commercial zoning
component of the proposed development. We are hopeful that the council will take into
consideration the significant number of residents in our single family dominated area who oppose
the commercial rezoning request, and respect our desire for residential growth.
4. Lastly, we ask the City Council to take a truly long-term view when deciding on the appropriate
zoning classification. As clearly stated in The City of Dubuque's Proposed Future Land Use Map,
this entire property is designated for mixed residential uses. With the addition of the sewer lift
stations which will be constructed to serve the existing PUD projects by Motor City LLC, this
greatly reduces one of the major obstacles which has discouraged residential development in this
area up to this point. We would encourage the City Council to fully appreciate the tremendous
potential this area, including all of the farm land extending east to JFK Road, has for residential
development. This is truly a unique opportunity for the City Council to set the stage for
tremendous residential growth, in an area where the natural terrain is best suited for homes. Please
consider the concept of "best use" when finalizing your position. We passionately feel the "best
use" for this entire area south of Derby Grange Road is residential.
As you decide on the direction of our neighborhood and our expanding community, we respectfully ask
you to consider the above mentioned arguments. Approving the commercial zoning benefits only the
applicant, albeit at the expense his neighbors. Please help usher in residential development when it is
needed, as well as commercial development when it is needed, and be the guiding hand that keeps poorly
~;~= commercial zoning from coming to fruition.
(~~~ 13233 Derby Grange Road
..-".,-
-I ,!;-'.
June 27, 2006
Dubuque City Council
c/o Planning Services Department
City Hall, Second Floor
50 W. 13th Street
Dubuque,IA 52001-4864
We are writing in regard to the proposed rezoning and annexation of property south of
Derby Grange Road. As property owners in this area, we have an interest in any
proposed change that might affect our quality of life. With that in mind, we would like to
ask that you consider denying the request by John Herrig to rezone this area for anything
other than residential.
Mr. Herrig has requested rezoning in such a way as to allow for a mix of residential and
commercial development. According to the comprehensive plan, the Derby Grange area
is best suited for residential development. Recent news articles have emphasized a need
for additional housing in Dubuque, while a quick tour of the City would demonstrate that
there is currently a variety of commercial properties vacant. Certainly the property
owners of the existing unoccupied commercial properties would be adversely affected by
additional commercial development. Has Mr. Herrig demonstrated an overwhelming
need for this commercial development? Ifnot, then we would ask that you vote to
maintain the residential nature of this neighborhood.
If any of the land to be annexed is rezoned commercial, we strongly suggest that it be
limited to specific uses consistent with a primarily residential area. Further, we would
ask that the commercial properties be isolated from the existing residential properties and
situated on the most southern portions of the proposed rezoning area. This area is closest
to Asbury Plaza and the current commercial properties bordering the Northwest Arterial.
Finally we ask that when you cast your vote on this rezoning proposal that you take into
consideration the overall makeup of this area. Currently it is primarily residential with
single family homes and a few farmsteads. Many of the residents in this area, myself
included, have been a part of the neighborhood for most of our lives, and we pray that
you see the benefit in maintaining the area as a place for families to live.
Sincerely,
fi~<~~
VIQJu /1;[. fJveilb ().6ff-
Paul and Vicki Breitbach
16270 Herod Lane
563/582-8446
1- ~
. --, U~() 7/ :)00((;,
We, 'the undersigned, wish to petition the City Council to con-
sider final zoning along the easterly side of the future exten-
sion of Plaza Drive at Derby Grange Road.
REQUEST: Due to the fact that so many topics about the
Commercial zoning are "up in the air," we feel
very uncomfortable about this, therefore, we
prefer R-l or R-2 usage for this area.
We believe a more carefully thought out plan can
benefit the developer, the City, and the neighbors.
We ask that the City Council refer this matter back
to the zoning Board for futher hearing and direct the
developer to revise his plan to one we can all embrace.
(-_::
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sion of Plaza Drive at Derby Grange Road.
REQUEST: Due to the fact that so many topics about the
Commercial zoning proposal are "up in the air," we
feel very uncomfortable about this, therefore, we
prefer R-I or R-2 usage for this area.
We believe a more carefully thought out plan can
benefit the developer, the City, and the neighbors.
We ask that the City Council refer this matter back
to the Zoning Board for futher hearing and direct the
developer to revise his plan to one we can all embrace.
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sion of Plaza Drive at Derby Grange Road.
REQUEST: Due to the fact that so many topics about the
Commercial zoning are "up in the air" we feel
very uncomfortable about this, therefore, we
prefer R-l or R-2 usage for this area.
We believe a more carefully thought plan can
benefit the developer, the City, and the neighbors.
We ask that the City Council refer this matter back
to the zoning Board for fu~her hearing and direct the
developer to revise his plan to one we can all embrace.
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MEMORANDUM
June 28, 2006
FROM:
Michael Van Milligen, City Manager
Jeanne Sil 'jJ, City Clerk
Barry Lindahl, Corporation Counsel
Laura Carstens, Planning Services Manager ~
TO:
SUBJECT: Percentage of Opposition for Herrig Rezoning along Derby Grange Road.
Planning Services staff has reviewed a petition and letters submitted by adjacent property owners
opposed to the rezoning request for the Herrig property along Derby Grange Road. The request is
to rezone the property from County Agricultural to C-3 General Commercial zoning district.
The Zoning Advisory Commission approved the rezoning request with conditions at their May 3,
2006 meeting. The property in opposition equals 58.8% of the adjacent property within 200 feet of
the rezoning. Therefore, it will require a super-majority of the City Council to approve the rezoning
request.
This memo is provided for your information.
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REZONING STAFF REPORT
Zoning Agenda: May 3, 2006
Property Address: 13316 &13500 Derby Grange Road
Property Owner: John W. & Sally Jo Herrig
Applicant: John W. Herrig
Proposed Land Use: Residential/commercial
Proposed Zoning: R-3/C-3/AG
Existing Land Use: Agricultural
Existing Zoning: County A-1
Adjacent Land Use: North - Residential
East - Agricultural
South - Agricultural
West - Residential
Adjacent Zoning: North - County A-1
East - County A-1
South - County A-1
West - County A-1
Former Zoning: 1934 -N/A; 1975 - N/A;
1985 - County A-1
Total Area: 112 Acres
Property History: The subject property has been used for agricultural purposes since its
settlement.
Physical Characteristics: The subject property is characterized by rolling topography
that drains primarily to the northwest.
Concurrence with Comprehensive Plan: The proposed rezoning involves the
Comprehensive Plan's Land Use Element: Goal 1.2, 1.5,2.2,2.3,6.1,6.2,6.3, 7.2,
8.5, 10.2 and 10.6.
Impact of Request on:
Utilities: City utilities will have to be extended to the subject property to serve the
proposed developments. City water will be extended along the right-of-way of
Plaza Drive through property owned by Motor City LLClWendell Corey. Sanitary
sewer will also have to be extended northward through the Motor City LLClWendell
Corey property and will have to utilize lift stations and force mains to bring the flow
back toward the City of Dubuque where the City's existing gravity sewer system
can accommodate the additional flows from the proposed development.
Traffic Patterns/Counts: The proposed area for rezoning will be served by an
extension of Plaza Drive and also have access to Derby Grange Road. Based on
2001 lOOT counts, Derby Grange Road carries approximately 650 average daily
trips.
REZONING STAFF REPORT
Zoning Agenda: May 3, 2006
Property Address: 13316 & 13500 Derby Grange Road
Property Owner: John W. & Sally Jo Herrig
Applicant: John W. Herrig
Proposed Land Use: Residential/commercial
Proposed Zoning: R-3/C-3/AG
Existing Land Use: Agricultural
Adjacent Land Use: North - Residential
East - Agricultural
South - Agricultural
West - Residential
Existing Zoning: County A-1
Adjacent Zoning: North - County A-1
East - County A-1
South - County A-1
West - County A-1
Former Zoning: 1934 -N/A; 1975 - N/A;
1985 - County A-1
Total Area: 112 Acres
Property History: The subject property has been used for agricultural purposes since its
settlement.
Physical Characteristics: The subject property is characterized by rolling topography
that drains primarily to the northwest.
Concurrence with Comprehensive Plan: The proposed rezoning involves the
Comprehensive Plan's Land Use Element: Goal 1.2, 1.5,2.2, 2.3, 6.1,6.2,6.3,7.2,
8.5, 10.2 and 10.6.
Impact of Request on:
Utilities: City utilities will have to be extended to the subject property to serve the
proposed developments. City water will be extended along the right-of-way of
Plaza Drive through property owned by Motor City LLC/Wendell Corey. Sanitary
sewer will also have to be extended northward through the Motor City LLC/Wendell
Corey property and will have to utilize lift stations and force mains to bring the flow
back toward the City of Dubuque where the City's existing gravity sewer system
can accommodate the additional flows from the proposed development.
Traffic Patterns/Counts: The proposed area for rezoning will be served by an
extension of Plaza Drive and also have access to Derby Grange Road. Based on
2001 IDOT counts, Derby Grange Road carries approximately 650 average daily
trips.
Rezoning Staff Report - 13316 &13500 Derby Grange Road
Page 2
Public Services: Existing public services can serve the proposed site once it
develops.
Environment: Staff does not anticipate any adverse impact to the environment
provided adequate erosion control is provided during all phases of development
and storm water detention is provided in compliance with City of Dubuque
Ordinances and policies.
Adjacent Properties: The most likely impacts to adjacent properties will be
additional vehicle trips on surrounding roadways and higher ambient light level than
existing in the area.
CIP Investments: The City of Dubuque will be coordinating the extension of City
water and sewer into these areas to service the future development of the property.
Staff Analysis: The applicants are requesting rezoning of the subject property to a
combination of R-3 Moderate Density Multi-Family Residential District and C-3 General
Commercial District concurrent with annexation to the City of Dubuque. This project
encompasses 112 acres and includes approximately 37 acres that will remain zoned
agricultural upon annexation.
The applicants have included a schematic design of how the property may be laid out
for commercial and residential development. All the proposed streets would be public
streets and meet City requirements for right-of-way and construction standards. Access
to the street would be through an extension of Plaza Drive, which currently serves only
Asbury Plaza. Plaza Drive will be extended through the Motor City LLC/Wendell Corey
development to a point on the south side of the Herrig property and be extended to
Derby Grange Road. Derby Grange Road is a county roadway that carries
approximately 650 average daily trips based on 2001 IDOT counts. The extension of
Plaza Drive from the Northwest Arterial to Derby Grange Road has been contemplated
by the City for a number of years.
The area of the requested rezoning/annexation by the Herrigs and Motor City
LLC/Wendell Corey is commonly referred to as the northwest quadrant of the
community. This area is bounded by Asbury Road on the south, Hales Mill Road to the
west, Derby Grange Road to the north and John F. Kennedy Road to the east. The
Northwest Arterial cuts through the southeast portion of this quadrant, and with the
extension of Plaza Drive, will provide an important roadway to serve this area of the
community. Without Plaza Drive, all future development in this quadrant of the
community, whether it be in Dubuque County, the City of Asbury, or the City of
Dubuque, would have to use either Hales Mill Road, Derby Grange Road, or John F.
Kennedy Road to access the Northwest Arterial and Asbury Road.
City utilities will have to be extended to the Herrig property through the area proposed
for development by Motor City LLC/Wendell Corey. The City is working with both
Rezoning Staff Report - 13316 &13500 Derby Grange Road
Page 3
developers to provide these utilities to meet their timetables and a level of service to
serve their proposed developments. The Zoning Advisory Commission will see more
details on the utility and street systems once plats are submitted for the Herrig
development.
The applicants are requesting that the area along side the proposed extension of Plaza
Drive be zoned for C-3 General Commercial, where the balance of the property is
zoned R-3 Moderate Density Multi-Family Residential, which allows a range of housing
styles from single-family to six units in a building to allow apartments, townhouses or
condominiums. The westerly 37 acres is slated to remain as agricultural when it comes
into the City pending further review by the developer.
Planning staff recommends the Zoning Advisory Commission review Section 6-1.1 of
the Zoning Ordinance that establishes criteria for the review of rezoning requests.
Prepared by:
Reviewed:
Date:
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.
-06
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE
CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED SOUTH OF DERBY GRANGE ROAD FROM
DUBUQUE COUNTY A-1 AGRICULTURAL DISTRICT TO CITY OF DUBUQUE AG
AGRICULTURAL DISTRICT, R-3 MODERATE DENSITY MULTI-FAMILY
RESIDENTIAL DISTRICT AND C-3 GENERAL COMMERCIAL DISTRICT,
CONCURRENT WITH ANNEXATION
Whereas, John W. and Sally Jo Herrig, property owners, have requested
rezoning concurrent with annexation to the City of Dubuque in accordance with Section
2-3 of Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances;
and
Whereas, this request has been found to be consistent with the Comprehensive
Plan and the Future Land Use Map of the Comprehensive Plan.
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 Dubuque County A-1 Agricultural to City of Dubuque AG Agricultural
District, R-3 Moderate Density Multi-Family Residential District and C-3 General
Commercial District, to wit:
Lot 1 of Lot 2 of the SW Y. of the SE Y. of Section 8, T89N, R2E of the 5th P.M.,
Lot 1 of Butler's Hill Second Addition, Lot 3 of Butler's Hill Second Addition, Lot 2
of the N Y:. of the SW y., Section 8, T89N of the 5th P.M., SW Y. of the SW y.,
Section 8, T89N, R2E of the 5th P.M., all in Dubuque County, 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, and at such time that the herein described property is legally annexed
into the City of Dubuque, Iowa.
Passed, approved and adopted this
day of
2006.
Roy D. Buol, Mayor
Attest:
Jeanne F. Schneider, City Clerk