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Request to Rezone - 2750 Balboa Drive Copyright 2014 City of Dubuque Public Hearings # 2. ITEM TITLE: Request to Rezone - 2750 Balboa Drive SUMMARY: Proof of publication on notice of public hearing to consider a request by Mary's Inn to rezone the property at 2750 Balboa Drive to rezone property from R-1 Single-Family Residential district to R-3 Moderate Density Multi- Family Residential district and the Zoning Advisory Commission recommending approval, with the condition that the list of permitted uses be limited to a single-family home. ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 2750 Balboa Drive from R-1 Single-Family Residential District to R-3 Moderate Density Multi-Family Residential District With Conditions as established in the attached Memorandum Of Agreement. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion A ATTACHMENTS: Description Type ❑ Commission Letter Staff Memo ❑ Applicant Materials Supporting Documentation ❑ Vicinity map Supporting Documentation ❑ Staff Materials Supporting Documentation ❑ Ordinance Ordinance ❑ Petition Supporting Documentation Planning Services Department Dubuque City Hall THE CITY OF 50 West13� Street �T T� EDubuque,IA 52001-4864 I1 I I I I r lJ (563)589-4210 phone (563)589-4221 fax mr•mu•mn Masterpiece on the Mississippi (563)690-6678 TDD planning@cityofdubuque.ore March 9, 2015 The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 13th Street DubuquelA 52001 Rezoning Applicant: Mary's Inn Location: 2750 Balboa Drive Description: To rezone property from R-1 Single-Family Residential District to R-3 Moderate Density Multi-Family Residential District, with conditions. 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's representative, John Freund, spoke in favor of the request, reviewing how the proposed shelter will be operated, who will live in the group home, and what supervision and services will be provided. He reviewed that the parcel must be rezoned to R-3 District and receive a Conditional Use Permit. He noted the applicant met with neighbors to hear their concerns. He also reviewed limitations on vehicles and visitors. There were several public comments regarding the negative impact the proposed rezoning and group home can have on the property values and traffic, and the potential for multi-family housing. Staff reviewed the staff report, reviewing the difference between the R-1 and R-3 Districts, what types of group homes are allowed by right, those housing individuals considered as a protected class, and group homes that require a Conditional Use Permit. Staff reviewed the process for the Zoning Board of Adjustment to consider for a conditional use permit, and the process for the Zoning Advisory Commission to consider a conditional rezoning. The Zoning Advisory Commission discussed the request, reviewing the differences between protected and non-protected classes, what constitutes "spot zoning", the likely number of residents and staff, and conditional rezoning. Service People Integrity Responsibility Innovation Teamwork The Honorable Mayor and City Council Members Page 2 Recommendation By a vote of 6 to 1, the Zoning Advisory Commission recommends that the City Council approve the request, with the condition that the list of permitted uses be limited to a single-family home. Subsequent to the Zoning Advisory Commission's public hearing, a petition in opposition to the rezoning was filed with the City Clerk. The property owned by petitioners in opposition to the rezoning is 46.9% of the land within 200 feet of the subject property A super-majority vote is needed for the City Council to approve the request because the written objection exceeds 20% of the land within 200 feet. A super-majority vote is needed for the City Council to revise any condition recommended by the Commission. Respectfully submitted, Patrick Norton, Chairperson Zoning Advisory Commission Attachments cc: Alvin Nash, Housing & Community Development Director Kelly Larson, Human Rights Director Service People Integrity Responsibility Innovation Teamwork Trm crry or - City of Dubuque DT T Planning Services Department V Dubuque,IA 52001.4805 Masterpiece on file Misstssippi Phone; 563-589-4210 Fax: 563-589.4221 piannlnoracityofdubunue oro PLANNING APPLICATION FORM ❑Variance ❑Preliminary Plat LISimple Subdivision ❑Certificate of Appropriateness ❑Conditional Use Permit ❑Major Final Plat L❑ITText Amendment ❑Advisory Design Review(Public Projects) []Appeal OMinor Final Plat []Temporary Use Permit ❑Certificate of Economic Non Viability ❑Special Exception ❑Simple Site Plan []Annexation ❑Historic Designation cheese one ❑Limited Setback Waiver ❑Minor Site Pian ❑Historic Revolving LoanDemolition XRezoning/PUD/ID ❑Major Site Plan ❑Historic Housing Grant Port of Dubuque Design Review Please type or arint legibly in ink Property owner(s):Timothy A. & Mary Brigid Rahlf Phone: Address:2750 Balboa Drive City:Dubuque site; IA 21p:52001 Fax#: Call #: E•mali: Applicant/Agent; Mary's Inn Phone: 563.580.9373 Address: P.O.Box 3338 City, Dubuque stere: IA�ip;52004-3338 Fax#: Cell#;563.580.9373_E mail: bcpasnik@msn.com Site location/address:2750 Balboa Drive Neighborhood Association., N/A Existing zoning: R-1 Proposed zoning: R-3 District:N/A Landmark: 0 Yes Q No Legal Description(Sidwell parcel ID# or lot number/block number/subdivision): 10.14.302.002 Total property(lot)area(square feet or acres):0'25 acres Describe proposal and reason necessary(attach a letter of explanation,If needed): V P Ae-rezon from R-1 to R-3 Moderate Density-Multl-Family Residential zoning fora group maternity home. CERTIFICATION: I/we,the undersigned,do hereby certify/acknowledge that: E 1, It Is the property owner's responsibility to locate property lines and to review the abstract for easements and restrictive covenants. I 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. f Property Qvvner(s),4w4rew 4 Ru2 GA 4A Date: Applicant/Agent: ;J may` Date: —3_� ^l5 S FOR OFFICE USE ONLY—APPLICATION SUBMITTAL CHECKLIST a a/ I Fee:�.��Received by; c..A.ek--- Date:L'^Z -�� Docket: FREUND LAW FIRM, P.C. John D'. Freund 1005 Main S&eet, Suite 200, Dubuque' IA 52001 jdfieund@jd6undlaw.c0m Telephone: (563) 587-8050 Facsimile: ($88) 626-7317 www.jdfreundlaw.corn Admitted in Iowa andVlsconsm January 23,2015 City of Dubuque Planning Services Attn: Mr. Guy Hemenway 50 West 13th Street Dubuque,IA 52001 RE: ZONING APPLICATION /MARY'S INN Dear Planning Services: Our office represents Mary's Inn,an Iowa nonprofit corporation. Our client's mission is to operate a maternity home for pregnant teens and young women who have no ability ' support themselves during their pregnancies. Directly from the organization's website, "Mary's Inn is a maternity home dedicated to the physical, emotional, and spiritual well-being of single pregnant mothers and their developing babies. It is a safe haven where they can stay while learning the skills they need to make a better life for themselves and their babie s." marysintim. Mary's Inn is a tax-exempt organization under § 501(c)(3) of the Internal Revenue Code as a charitable and educational institution. Mary's Inn, as buyer, and Timothy and Mary Brigid Rahlf, as sellers, have entered into a purchase agreement with respect to property at 2750 Balboa, tax parcel ID 1014302002. This ry' s Inn successfully obtaining a zoning classification that purchase agreement is contingentuponMa will allow the organization to house and care for pregnant women with no other available options. Our understanding is that a classification nd a conditional uselow for a tional use as a group permit application with his and we are submitting both a rezoning application a letter, along with the application fees of$441.00 and $375.00,respectively. Our goal is to have this reclassification request before the city council at its March 16,2015 meeting and before the Zoning Board of Adjustment for its March 26,2015 meeting. In that regard, we will be happy to provide any information necessary to supplement the enclosed and/or to expedite the process. Please process this application and inform the undersigned of any additional requirements needed of Mary's Inn. Thank you for your time and assistance. Best Regards, i FREUND LAW FIRM, P.C. By fir' �• �l --John D. Freund Enclosures ec Mary's Inn i I i 6HOPE �r MLARY HOME P.O. BOX 3338 , DUBUQUE, IOWA 52004-3338 www.marysinnmaternityhome.org HOW Mary's Inn Maternity Home wants to be your neighbor. We have signed a purchase agreement with Tim &Mary Brigid Rahlf to buy their house at 2750 Balboa Drive. We will provide housing for young women who find themselves in a crisis pregnancy. We have filed paperwork for a Conditional Use permit and reclassification of zoning with the city of Dubuque. Pending that approval, our plans are to open the home in June of this year. In the spirit of neighborly cooperation,and full disclosure, we would like to tell you a little bit about how we will operate: • Our focus is the care and support of young women in their teens and early 20's who have made the decision to deliver their baby. • The home will be run by Christian principles. Our programming is based on Gospel values and the teachings of the Catholic Church. • Our staff will,by example,model what it means to be good neighbors. And our staff will teach the residents the importance of"Good Neighbor Behavior." • There are established house rules and guidelines that the girls will be required to follow in order to maintain residence. • There will be adult supervision on-site 24/7/365. The home will host the office of Colleen Pasnik, our Director, and our House Mothers will be present at all times to manage and maintain an orderly household. • This is a home for young women and their infants. Boyfriends will not be permitted on the premises. • Transportation will be provided as a service to the residents. The girls are not permitted to have a car at the home. • There will be visits from volunteers and local agency professionals during working hours. These visits should be the extent of our traffic and parking needs. • Privacy and confidentiality are essential for our residents. All correspondence to Mary's Inn will be directed to a post-office box. There will be no signs or banners on or near the exterior of the home. ® The home will be well cared for, inside and out. We are making a large investment and are vested in protecting our interest. We understand the importance of maintaining the property for our sake and to safeguard the property values of the rest of the neighborhood. You are invited to an informational meeting to be held at the cafeteria of Wahlert Catholic High School on Saturday,February 28 at 10:00 AM, or Monday,March 2 at 6:00 PM. We hope to see you there. In the event that you are unable to attend, or have questions in advance, I would be happy to speak with you. Please feel free to call me at 563-231-0232. Thank you for your time and consideration, a=ernity Home P.O. Box 3338 Dubuque, IA 52004-3338 563-231-0232 (personal cell) 563-552-6288 (Mary's Inn Maternity Home) AG AG , • THE CITY OF Dubuque ■ R-3 DuB E 1 A111E11C8C i -4 � II �o Masterpiece on the Mississippi 200 -MU-2013 r i i Vicinity Map . WIN Applicants: Mary's Inn Location: 2750 Balboa Drive J Description: To rezone the property from R-1 IlleSingle Family Residential to R-3 i i Moderate Density Multi-Family. � R ■ �i .il r � r err! ^r 06� 5 Legend VIA ® 2750 Balboa Drive . DIS uquv A R:This information information mn mes wSyste usng[M1a Dubuque Area iC doted y o CiySystem Dubuque and I.which R r�� D�wtles County it i tlroommeaN or Dilethe City .' .�/.� ■ Dubuque and participating agencies utilized wed the aty of ' Dub accuantlnformationgailablesuriGISnd mortcurrent . and accurate a accuracy or currency DAGIS antlrm its tion liersor d do not courent ata IL OR � / be held M1erela Theory and pct incidentaenciesl consequential hall aot be hels unforeseeable for arising out ofthe authoriz d orunauthorize . IL punitive,or special damages,whether foreseeable or � / � use of this data o r the inability mo awnon�d data or ofa y � use of da�a or mefnaefluy to use this ea�a prom of any ♦ ♦ . ■ breach or warranty whersoever. A& ■ • 1 :5,000 NORTH Base Data Provided by Dubuque County GIS Path: H:\Planning Services\EVB\ArcGISMaps\Vicinity Map_2750Ba11boa.mxd REZONING STAFF REPORT Zoning Agenda: March 4, 2015 Property Address: 2750 Balboa Drive Property Owner: Timothy and Mary Rahlf Applicant: Tim Duggan/Mary's Inn Proposed Land Use: Group Home Proposed Zoning: R-3 Existing Land Use: Residential Existing Zoning: R-1 Adjacent Land Use: North — Residential Adjacent Zoning: North — R-1 East — Residential East— R-1 South — Residential South — R-1 West— Residential West — R-1 Former Zoning: 1934 — County AG Total Area: Approx. 10,300 sq. ft. 1975 — R-1 1985 — R-1 Property History: The subject property was in agricultural production until the late 60s. The property was subdivided as the Marycrest Addition circa 1970 and a single-family home was built on the lot in 1975. Physical Characteristics: The subject property is a 10,300 square foot lot located one lot removed from the corner of Balboa and Cortez Drives. The property drops approximately 12 feet in elevation from the high point along Balboa Drive to the rear yard. The subject lot has 75 feet of frontage along Balboa Drive and accommodates a 2,400 square foot ranch style single- family home. There is room to park two vehicles in the attached garage and two vehicles in the driveway. Concurrence with Comprehensive Plan: The Comprehensive Plan encourages the concept of mixed use development to create diverse and self-sufficient neighborhoods. It also recommends that incompatible uses be buffered and protected from each other. The Future Land Use Map calls for this property to remain residential. Impact of Request on: Utilities: Existing utilities are adequate to serve the site. Traffic Patterns/Counts: There are no traffic counts available for Balboa Drive or in close proximity to the subject property. Staff anticipates that rezoning this property will generate little additional traffic. Public Services: Existing public services are adequate to serve the site. Rezoning Staff Report— 2750 Balboa Drive Page 2 Environment: Staff does not anticipate any adverse impact to the environment as the site is fully developed. Any multi-family redevelopment of the property will require site plan review insuring adequate green space, landscaping and storm water management. Adjacent Properties: The subject property is bordered by single-family residences. Rezoning the property to R-3 and developing a group home may slightly increase the amount of activity and traffic over and above that which would be typical of a single family home. However, if redeveloped, the property could accommodate a five unit apartment building. This type of redevelopment would increase the density and generate more activity and traffic than what a single-family home would. CIP Investments: None proposed. Staff Analysis: The applicant is proposing to rezone a 10,300 square foot lot that accommodates a 2,400 square foot ranch house from R-1 Single-Family Residential district to R-3 Moderate Density Residential district. The property is bordered on all sides by R- 1 zoning and single-family houses. There are four off-street parking spaces (two of which are inside an attached garage) available on the lot. The applicant's intent is to operate a maternity home with staff support for pregnant young women. As the proposal is to operate a group home at this location, a Conditional Use permit must also be reviewed and granted by the Zoning Board of Adjustment at a public hearing to permit such use. A group home is defined as; "...any group of persons not meeting the definition of Family and occupying a single dwelling unit living together as a single housekeeping unit, but not including a boarding or rooming house." A group home at this location should have little impact on the use, value and enjoyment of the adjacent single-family residential properties. However, if the property were to be redeveloped for an up to 5-unit apartment building, which is permitted under R-3 zoning, it would significantly increase the residential density and may generate slightly more activity, traffic and demand on parking than is typical in a single-family residential neighborhood. Staff recommends the Commission review the criteria in Section 9-5 of the Unified Development Code regarding reclassification of property. Prepared by: Reviewed: /. Date: • 1�1• S Section 2-Land Use Regulations Article 5:Zoning Districts 5-5 R-3 Moderate Density Multiple-Family Residential IThe R-3 District is intended to provide locations for a variety of dwelling types ranging io) from single-family to low-rise multiple-family dwellings.The R-3 District also serves as a transition between residential and nonresidential districts. T { 5-5.1 Principal Permitted Uses The following uses are permitted in the R-3 District: Two-family dwelling 1. Cemetery,mausoleum,or columbarium 2. Multiple-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 the State of Iowa(K-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 provi- sions of Section 8-5: 1. Bed and breakfast home Townhouse 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 jr 10. Off-premise residential garage i FM 11. Off-street parking 12. Rooming or boardinghouse 13. Tour home Off-premises 14. Tourist home residential garage 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;no more than three per calendar year or three consecutive days per sale 4. Home-based business ^3 5. Noncommercial garden,greenhouse or nursery 6. Off street parking and storage of vehicles 7. Satellite receiving dish `IL" 8. Solar collector 9. Sport,recreation,or outdoor cooking equipment 10. Storage building 11. Tennis court,swimming pool or similar permanent facility Noncommercial 12. Wind turbine(building-mounted) greenhouse rxscvres DusE Section 2—Land Use Regulations Article 5: Zoning Districts 5-5.4 Temporary Uses Temporary uses shall be regulated in conformance with the provisions of Section 3-19. I 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 (squareMin Lot Min Lot Max Lot R-3 Residential age or feet) (feet) area) Permitted Uses Multiple-farnily (six du max) 2,000/du 50 40 20 --- 4 20 30 Place of religious exercise or 20,000 100 40 20 --- 20 20 75 assembly,School Single-family detached dwelling 5,000 50 40 20 50 4 20 30 Townhouse(sixdumax) 1,000/du 161du 40 20 --- 4/0 20/0 30 Two-family dwelling 5,000 50 40 20 50 4 20 30 Conditional Uses Individual zero lot line dwelling 5,000 50 40 20 50 10/0 20 30 Bed and breakfast home - 5,000 50 40 20 50 4 20 30 Group home 5,000 50 40 20 - - 4 20 30 Hospice 5,000 50 40 20 --- 4 20 30 Housing for the elderly or disabled 20,000 100 40 20 --- 20 20 30 Licensed adult day services, 5,000 50 40 20 --- 4 20 40 Licensed child care center Mortuary,funeral home or 20,000 100 40 20 --- - - 20 20- - - -30 crematorium Nursing or convalescent home 20X0 100 40 20 --- 20 20 30 Off-premise residential garage --- 20 --- 4 6 15 Rooming or boarding house 5,000 50 40 20 1 --- I 30 I 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 al sides for each additional foot by w hich such building exceeds the maximum height limit of the district in w hich it is located. * See Section 3-17 for adjustment of minimum front yard setbacks. -- -------------------- -------------------- _- -- Midpoint ' Lot Depth Required Side Height Setback m Its Shed Roof uk1 I N Midpoint 0 L u1 0 Height I y Vv �° Gable or Hi Roof � � �' � � Height Mansard or Gambrel Roof ( i- -THigheet Level 9 ------ Height Property Line ; Rsywred Side Setback a f rxecrtvov �__ —_ Y - DUB E Prepared by: LauraCarstens,CityPlanner Address: CityHa11,50W.131F1St Telephone: 589-4210 Return to: KevinFirnstahl,CityClerk Address: CityHall-50W.13thSt Telephone: 589-4121 ORDINANCE NO. 22 -15 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 2750 BALBOA DRIVE FROM R-1 SINGLE- FAMILY RESIDENTIAL DISTRICT TO R-3 MODERATE DENSITY MULTI- FAMILY RESIDENTIAL DISTRICT WITH CONDITIONS AS ESTABLISHED IN THE ATTACHED MEMORANDUM OF AGREEMENT 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, the 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 Residential District with conditions, to wit: Lot 10 Block 5 Marycrest Subdivision #2, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. That 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 16th day of March, 2015. Attest: -17";5_052e.<-2c,_ Trish L. Gleason, Assistant City Clerk ifyoy D. Buol, Mayor ACCEPTANCE OF ORDINANCE NO. Q -15 We, Timothy A. and Mary Brigid Rahlf, property owners, having read the terms and conditions of the foregoing Ordinance No. -15 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this 1 3 day of % kick) 2015. By- tel/ By: r.a,11 ri AJ� State of Iowa) ) ss: County of Dubuque On this 13 day of 1/41/nail-AA) 2015 before me, a Notary Public, in and for said state, personally appeared Timothy A. and Mary Brigid Rahlf, to me known to be the person named in and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. (26-t,14-4170 Notary Public in the State of Iowa My Commission expires: 47- 9- ✓ o SarLara Kennedy Notarial" Seat - Iowa Commission No. 72.9317 aly Commission Expires 7' MINIM III 110111 101010 1111011 00111 11 11111110 II Doc ID 008203390005 Type GEN Kind AGREEMENT Recorded: 03/20/2015 at 12:08:17 PM Fee Amt: $27.00 Page 1 of 5 Dubuque County Iowa John Murphy Recorder File2015-00003139 Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St Telephone: 589-4210 Return to: Kevin Firnstahl, City Clerk Address: City Hall- 50 W. 13`h St Telephone: 589-4121 MEMORANDUM OF AGREEMENT Pursuant to the Iowa Code Section 414.5 (2011), and as an express condition of rezoning of the property located at 2750 Balboa Drive and legally described as: Lot 10 Block 5 Marycrest Subdivision #2, 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 a-15, a copy of which is attached hereto and incorporated herein by reference, the undersigned property owner(s) agree(s) to the following conditions, all of which the property owner(s) further agree(s) are reasonable and are imposed to satisfy public needs which are caused directly by the rezoning: A) Conditions: 1) That the list of permitted uses shall be limited to single-family detached dwelling. B) Reclassification of the Subject Property. The City of Dubuque, Iowa may initiate zoning reclassification proceedings to the R-1 Single -Family Residential District if the property owner fails to complete any of the conditions or provisions of this Agreement. C) Modifications. Any modifications of this Agreement shall be considered a zoning reclassification and shall be subject to the provisions of the Title 16, Unified Development Code, governing zoning reclassifications. All such modifications must be approved by the City Council of Dubuque, Iowa. D) Recording. A copy of this Agreement shall be recorded with the Dubuque County Recorder as a permanent record of the conditions accepted as part of this rezoning approval within ten (10) days of the adoption of Ordinance No -- 14. GLiAl Cif IL E) Construction. This Agreement shall be construed and interpreted as though it were part of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code. F) This Agreement shall be binding upon the undersigned and his/her heirs, successors and assignees. ACCEPTANCE OF ORDINANCE NO. 15 We, Timothy A. and Mary Brigid Rahlf, property owners, having read the terms and conditions of the foregoing Ordinance No. -15 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 2015. By By: State of Iowa) ) ss: County of Dubuque On this day of 2015 before me, a Notary Public, in and for said state, personally appeared Timothy A. and Mary Brigid Rahlf, to me known to be the person named in and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. Notary Public in the State of Iowa My Commission expires: THE CITY OF Dubuque DUB E Masterpiece on the Mississippi I I I to 2007•2012•2013 MEMORANDUM TO: Laura Carstens, Planning Services Manager FROM: Wally Wernimont, Assistant Planner Y"° " SUBJECT: Percentage of Opposition for Proposed Rezoning 2750 Balboa Drive DATE: March 9, 2015 Adjacent property owners opposed to the request submitted by Mary's Inn to rezone the property at 2750 Balboa Drive from R-1 Single-Family Residential district to R-3 Moderate Density Multi-Family Residential district have submitted a petition in opposition. The Zoning Advisory Commission recommended conditional rezoning of the property at their March 4, 2015 meeting. Planning Services staff has reviewed the enclosed petition and calculated the area in opposition. The property owned by petitioners opposed to the request equals 46.9% of the property within 200 feet of the subject lot. This memo is provided for your information. Enclosures FALISERSXW .rnimoWemo rezoning opp calc.doc We the undersigned de hereby petition against the rezoning of the property located at 2750 Balboa Drive from R-1 Residential to R-3 (Moderate density (Multi-Family Residential. Signature erne Address KIIrE iav d 2, 7elpa 04e-I&:qA r P � ea�1 Utrw 11 7� 6u&a 7. 0 ( �2� r1Viv; � , c � N4�T9 9,7 S. . c �� ) OlG o re. Pe! l e, a1 3 gull e�, err ;274,j 6�.Z6cv CT rn -� m o m (D CJ7 �A 0SCL IHER:THIS Nonhallon sals mmplleo using the Geo«epek t (on byatem(DAG1G)wMch IH -+e- - b and oueuque counry r111...O.ma thaOf wale me atym ,�. Doo,a and pa1kI,NJng.,meas ad load the moo mucor and eaante nlormatlon ave laem o.GIS and hs sappllats do f - n«w NIN.aa,.ey—aaneyonee 11-11-.,do. 4 ,t•' 4 coNaredhenaln The Uty and part ptang agencies shallM '•� s� ee hem Geeleforeny mrea osetl Inddentel othat rods — "e-. ap ^Fp "St" eripJal damaean whnxrmtesmaele or n• a_ mwmhsdat easing omorina Use INS SNS Great ft �sq ft' aee minis dem«trm mehmym am INS aaa orom maty ' » �� - - dr<ecn mwnRanyweamoawer. n 2753 - ] ,� '. ,�• � � _ 4. a I4 44 40,64 sq ft d_ ��( L 1zA09 q ft 211,703 sq It r CORTEZ OR al Total Area of 200 Ft Buffer=211,703 sq ft _ - - Total Area of Public Right-of-Way =52,864 sq ft P l a Total Area within 200' minus ROW= 158,839 sq ft }C. m 2739. 3a I: Sq ft of Property Owners in Objection within L 200'of Subject Property =74,608 sq ft 4: 74,608 sq ft1158,839sq ft= 46.9% y,` Ii 46.9% of Land within 200'opposed to the rezoning. 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: March 20, 2015, and for which the charge is $16.13. Subscribed to before me Notary Public in and for Dubuque County, Iowa, this el6a day of ati,e,06 , 20 d3 . 2/Y/74,,y otary Public in and for Dubuque County, Iowa. K. WE TEFIMEY Fi :ornrnission Number 154885 My Exp. FEB. 1, 217'17 OFFICIAL PUBLICATION ORDINANCE NO. 22-15 AMENDING TITLE 16! OF THE CITY OF DIJBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DES- CRIBED PROPERTY LOCATED AT, 2750 BALBOA DRIVE FROM R- 1 SINGLE- FAMILY .RESI- DENTIAL DISTRICT 'TO R-3 MODERATE DEN SITY MULTI -FAMILY RESIDENTIAL DISTRICT I WITH CONDITIONS AS ESTABLISHED IN THE ATTACHED MEMORAN- DUM OF AGREEMENT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, ;I IOWA: Section 1. That Title 16 " of the City of Dubuque Code of Ordinances, the Unified Development Code, is hereby amended by reclassifying the here- inafter -described --pro- perty,from R-1 Single - Family Residential "Dis- trict to R-3 Moderate Density Multi -Family Residential, : ;-District, with conditions, to Wit: Lot 10> Block 5 Marycrest Subdivision #2, ' and , to the centerline _ _ of - the adjoining public right- of-way, all in the City of Dubuque, Iowa. Section 2. That the foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This 'I Ordinance shall take effect immediately upon publication, as provided by law. Passed, -approved and adopted this 16th day of March, 2015. ,/s/Roy D. Buol, Mayor Attest: /s/Trish L. - Gleason, Assistant City Clerk Published officially in the Telegraph Herald newspaper on the 20th' day of March, 2015. /s/Trish L. Gleason, Assistant City Clerk 1t 3/20 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: March 06, 2015, and for which the charge is $20.01. Subscribed to before me Notary Public in and for Dubuque County, Iowa, this /JJ day of �, , 20 /5 - Notary Public in and for Dubuque County, Iowa. AIRY ESTERMEYER crnmisslon Number 154885 iy Comm, Fxo. FEB, 1, 2017 CITY OF DUBUQUE, IOWA OFFICIAL NOTICE NOTICE IS HEREBY -II GIVEN that the Dubuque. City Council<'I will conduct: a public., ata t chearingommence at 6:30 p.m on 'March 16,meeting 2015, 11 on - the . the Historic Federal Building, 350 West 6th Street, on the, following: Rezonings Request by Clarke University/Daisy Hal- vorson to rezone property at 1550 Clarke Drive to amend the InstitutionalDistrict to allow new outdoor lighting and, expansion of outdoor athletic facilities, Request by Mary's Inn torezone the property at 2750 Balboa Drive to rezone property from R-1 Single -Family Resi- dential district to R-3. 1, ModerateDensity Multi- Familytrict. Residential dis- Written : comments:! regarding the above pic hearings may submitted to the bey it Clerk's Office on o; beforeublsaid time ofr public hearing. At said time . and . place of public hearings all rl interested citizens and parties will be given an opportunity to be heard for or against said actions. Copies of supporting documents for the public hearings are on file in the City Clerk's Office, and may be viewed during regular working hours. Any visual or hearing impaired persons need- ing special assistance or persons with special accessibility . needs should contact the City Clerk's Office at (563) 589-4100 or TTY (563) 690=6678 at least 48 hr" , meeting.prio Trishours L. Gleasonto, CMCthe;.; Assistant City Clerk it 3/6'