Request to Rezone Property on Middle Road_Grady Family_PothoffPlanning Services Department
City Hall
50 West 13~ Street
Dubuque, IA 52001-4864
(563) 589-4210 phone
(563) 589-4221 fax
(563) 690-6678 TDD
vlanninl'@citvofdubua ue.or~
THE CITY OF Dubuque
DUB E
Masterpiece otI the Mississippi 1
zoo?
October 2, 2008
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque IA 52001
Applicant: Grady Family Trust/Betty Pothoff
Location: Middle Road, west of Seippel Road
Description: To rezone property, in conjunction with annexation, from County R-2 to
City AG Agricultural with an RROD Rural Residential Overlay designation.
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
Planning Services Manager Laura Carstens spoke in favor of the request on behalf of
the applicant.
Staff reviewed the property's location in the west side annexation area. Staff explained
the rezoning will allow the existing farm operations to continue with AG zoning until the
land is platted. Staff noted that after platting, the property will have an R-1 Single-
Family designation when the RROD is applied.
There were no public comments.
Recommendation
By a vote of 7 to 0 the Zoning Advisory Commission recommends that the City Council
approve the request.
A simple majority vote is needed for the City Council to approve the request.
Respectfully submitted,
,,
Jeff Stiles, Chairperson
Zoning Advisory Commission
F:\USERS\Kmunson\WP\City Council\2008\CC 10_20_08\Grady rezoning cc Itr 09_22_08.doc
Service ~~People Integrity Responsibility Innovation Teamwork
THE CITY OF Dubuque
T T ~ City of Dubuque
DtJB E ~ i i I Planning Services Department
Masterpiece on the Mississippi ,o~,; Dubuque, IA 52001-4864
Phone:563-589-4210
Fax: 563-589-4221
PLANNING APPLICATION FORM
^Variance
^Conditional Use Permit
^Appeal
^Special Exception
^Limited Setback Waiver
®Rezoning
^Planned District
^Preliminary Plat
^Minor Final Plat
^Text Amendment
^Simple Site Plan
^Minor Site Plan
Please tune or print legibly in ink
^Major Site Plan ^Certificate of Economic Non-Viability
^Major Final Plat ^Certificate of Appropriateness
^Simple Subdivision ^Historic Designation
®Annexation ^Neighborhood Association
^Temporary Use Permit ^Other:
Property owner(s): Janet Grady. Grady Family Trust & Betty J. Pothoff
Address:
Fax Number:
Applicant/Agent: Ron Pothoff
Address: 400 Woodland Ridge
Fax Number:
City:
Cellular Number:
City: Dubuque
Cellular Number: 580-3007
Site((location/address: Middle Road, west of Seiooel Road
~~U~
Existing zonin ~ ~Z Proposed zoning: AG/RROD Historic District:
Phone:
State: Zip:
E-mail Address:
Phone:
State: IA Zip: 52003
E-mail Address:
Landmark:
Legal Description (Bidwell parcel ID# or lot number/block number/subdivision): See attachment.
Total property (lot) area (square feet or acres): 158.23 acres
Describe proposal and reason necessary (attach a letter of explanation, if needed): Annex and rezone to AG Agricultural
District with an RROD Rural Residential Overlay District.
CERTIFICATION: I/we, the undersigned, do hereby certify that:
1. It is the property owner's responsibility to locate property lines and to check your abstract for easements and restrictive
covenants.
2. The information submitted herein is true and correct to the best of my/our knowledge and upon submittal becomes public
record;
3. Fees are not refundable and payment does not guarantee approval; and
4. All additional quired written and raphic atena s are attache ~~,~~-, „ ,~V -~~,,,~s~~~~
~ ~ ~~ ~~
Property Owner(s): ~ ~f .. ~ ~ Date:
'- I ~,,
Applicant/Agent: ~.d-~~~C-~X ~~"~ Date: ,~ ~ e~ ~l - ~'
FOR OFFICE USE ONLY -APPLICATION SUBMITTAL CHECKLIST
(~~. ~ , ',f
Fee:Vv'~tVG~L~ Received by: ~1 ~1L~~ -~~'~ Date: ~iY~~T/~~'Docket:
I c
Site/sketch plan^ Conceptual Development Plan ^Photo ^ Plat
~?~_~~
^ Improvement plans ^ Design review project description ^ Floor plan ^ Other:
ti
R1
~~
B1 //~
~~~
~~
,~ \ _ w ~ _ .
-Z2 _ _-
- ~~ I~III ~ J - - DORAL
- - J-~ U -
--~~ - ~ _
~ 1 ~ C~ _
o II
- ~ - ~
z _ rn-
~,- - ~ The Meadows ~ ~~
R2 - R2 - ~ ~ ~ ~~.
~ ur m
r,, ~.
C ~ Q
~~ \~ ~ o ~
.................................. 1
--~
::::::::...:........:....... ~ E c=E
2
:::~::::::::~:::~:::::::: Q
_:..t.. I :::::::::::::::::::: _~~ ~ 1 1 R1
~... .:::~:::iwiolir.F::::: , ~ ~
I s:- ~ ' ~
,.o.a_m.~...., ~.....,.wW~, ~
I
r /
0
e-
I-_ m
N
THE CITY OF
DT T~ ~ Dubuque
lJ a
Master~~iece on the Mississippi 1 , f
2007
Vicinity Map
Applicant: Grady Family Trust/Betty Pothoff
Location: Middle Road, west of Seippel Road
Description: To rezone property, in conjunction
with annexation, from County R-2 to City AG
Agricultural District with an RROD Rural
Residential Overlay District designation.
~:::::::=::~ Proposed Area to be Rezoned
~~
-fig ~ ~ County Zoning
City of Dubuque
~V ~ City of Asbury
Planning Senrices/Vicinity Maps/ZAC/Grads Pothoff Rezoning 09 09 08
\ - M1
-~
REZONING STAFF REPORT
Zoning Agenda: October 1, 2008
Property Location: Middle Road, West of Seippel Road
Property Owner:
Applicant:
Proposed Land Use
Existing Land Use
Adjacent Land Use:
Adjacent Zoning
Janet Grady, Grady Family Trust & Betty J. Pothoff
Ron Pothoff
Agricultural/Residential Proposed Zoning: AG/RROD
Agricultural
Existing Zoning: County R-2
North -Residential
East -Residential/Agricultural
South -Residential
West -Agricultural
North -County
East -County
South -County
West -County
Former Zoning: 1934 -County; 1975 -County; 1985 -County Total Area: 158 Acres
Property History: The subject property has been used for agricultural purposes.
Physical Characteristics: The subject property is located north of Middle Road, east of
Seippel Road. The property encompasses approximately 158 acres and currently is
used for agricultural purposes. The property generally drains to the southeast.
Concurrence with Comprehensive Plan: The 2030 Future Land Use Map designates
the property for Single-Family or Duplex. The proposed rezoning supports the following
Comprehensive Plan Goals--Land Use goals: 1.2, 1.5, 9.4, 9.6 and 10.1.
Impact of Request on:
Utilities: City water and sewer facilities can be extended to serve the subject
property. The City of Dubuque has agreed to extend water and sewer within one
year of services being requested by the Grady Family Trust and the Pothoff's.
Traffic Patterns/Counts: The 2005 Iowa Department of Transportation traffic
counts indicates 600 average daily trips for Middle Road.
Public Services: Public services can be extended to serve the subject property.
Rezoning Staff Report -Pothoff Farm
Page 2
Environment: Staff does not anticipate any adverse impact to the environment
provided as part of any future development that the City's erosion control and
storm water control regulations are complied with.
Adjacent Properties: Planning staff does not anticipate any significant negative
impacts to adjacent properties upon annexation. The development of the parcels
in the future for residential properties will impact adjacent properties through an
increase in vehicle trips along Pennsylvania Avenue and Middle Road.
CIP Investments: The adopted CIP includes funds for water and sanitary sewer
extensions to future annexation areas.
Staff Analysis: The applicants are requesting rezoning of their approximately 158 acre
property from County R-2 Single-Family Residential to City of Dubuque AG Agricultural
and RROD Rural Residential Overlay District concurrently with annexation into the City
of Dubuque. The Zoning Advisory Commission is being asked to review the proposed
rezoning only and make a recommendation to the City Council.
Attached to this staff report is vicinity map that shows the subject property to be
rezoned and annexed into the City of Dubuque as well as an aerial photo of the area
that shows the existing property and surrounding land uses.
The requested rezoning from County R-2 Single-Family Residential District to City AG
Agricultural with an RROD Rural Residential Overlay District does not represent a
significant change in the allowed uses for the property under its current County zoning
designations. The City's AG Agricultural District will allow the Pothoff's to continue their
farming operations as long as they desire to. The Rural Residential Overlay District will
allow them to convert a portion or all of their property in the future to single-family
development by going through the City's established subdivision process.
The primary difference between the existing County zoning and the proposed City
zoning is-under the City's zoning regulations the applicant will be able to develop a
single-family subdivision at a higher density than the County zoning regulations. The
County zoning regulations require at least %2 acre of property per residence under R-2.
The City's R-1 Single-Family Residential District allows as small as a 5,000-square foot
lot. The reason that higher density is allowed under the City's Single-Family R-1
Residential District is the availability of the City's water and sewer systems eliminates
the need for private wells and septic systems with drain fields.
The City has completed an annexation study of the area. The City of Dubuque, as part
of annexation of this property, has committed to the extension of water and sewer
within one year of a final plat being approved by the City Council and commencement
of improvements.
Rezoning Staff Report -Pothoff Farm Page 3
This portion of Dubuque County has seen on-going residential development in the past
20 years. There are a number of homes located on either side of Middle Road on large
acreages and there also are two subdivisions - Sandwedge and an older subdivision
named Regency West. In addition, there has been continued residential development
with access to Asbury Road, such as Hidden Meadows Subdivision and Wedgewood
Subdivision. In addition, new subdivisions have been platted along Humke Road. The
existing County zoning in this area is primarily comprised of R-1 Rural Residential and
R-2 Single-Family Residential zoning. The applicant's proposed rezoning to City AG
Agricultural with an RROD Rural Residential Overlay District maintains the same
allowed uses as the County zoning. The City zoning provides for a higher density of
residential development. More compact development can occur because the City's
public water and sanitary sewer systems allow for smaller lots.
Planning staff recommends that the Zoning Advisory Commission review Section 6-6
of the Zoning Ordinance that establishes criteria for review of rezoning requests.
e ~ r>
Prepared by: !~ ~~ Reviewed: ~~~'~.~.,~r?~\!=1;.~'~, ti"-:~ Date: ~;=f _,~- c;~~;
F:\USERS\Kmunson\WP\Boards-CommissionsVAC\Staff Reports\Pothoff Rezoning stf rpt 09_23_08.doc
Planninn//\/irini}v ~Aan/Ra~nninn/rrarly Farm ~arial (1Q (1Q f1R
N THE CTTY OF
DL~B ~ E
Masterpiece on the Mississippi
e~ ~°`,
~J
Pte'
~,. Z „
0
z
0
w
z
0
a
z
0
OP~ ~ ~
~ FOREST HILLS ~ o w
~ v ~ ~ ~a
1N
~ ~
o ~
~ ~ m
~'~
-' ~
--, vrcrcc ~ r~INES ~
Q
1111 J
}
~•~~~ ~
~,
MOUNTAIN RIDGE
MIDDLE ~ _ _ _i
AWE
Pump
Water Main "B~ ~ Station
r^-~-^-~-^ - - ^ ^-~-^a
~~
~~
0
City of Dubuque
City of Asbury
Proposed Annexation Area
~ • • •~ Proposed Sanitary Sewer
^ ^ ^ ^ ^ ^ Proposed Water Main
1111
RAISE
~ PP„~'
~~
oucuixce: m.im~.no~w.. ~o~oo.e ~:ma m. `~
o.~..a..wPo~o.~.~.~.~.do.=ri.m~~a~s~..~~.n ~~MAJESTIC
~..~.~..a.,..ro.,,aa~,.,~.cN.,~ ~ ..a
o.e~a.. co..y, n aym
~;°.~~~~,~a~~tlop.~ ~~..
nslnp ou o111n ~ Q.I. oreW Me~y
em.cn wwn.nyun.itl~lwe.o w
CENTURA
in "A" F
~~~ -- r ::
^
^ ;'
^
'_C~
iYE-~AM1A,.__.___._
~ ' . GAP
-- , -o _--
1`
~~~~ ~
m ~
~ ~~
J
I
Prepared by: Laura Carstens, City Planner Address: Citv Hall, 50 W. 13th St Telephone: 589-4210
Return to: Jeanne Schneider, City Clerk Address: City Hall- 50 W. 13` St Telephone: 589-4121
ORDINANCE NO. 64 -08
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE
CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED NORTH OF MIDDLE ROAD FROM DUBUQUE
COUNTY R-2 SINGLE-FAMILY RESIDENTIAL DISTRICT TO CITY OF DUBUQUE AG
AGRICULTURAL DISTRICT WITH AN RROD RURAL RESIDENTIAL OVERLAY
DISTRICT DESIGNATION, CONCURRENT WITH ANNEXATION.
Whereas, Grady Family Trust/Ron Pothoff, property owner, has requested
rezoning, concurrent with annexation, to the City of Dubuque in accordance with
Section 2-3 of Appendix A (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 (Zoning Ordinance) of the City of Dubuque Code of
Ordinances is hereby amended by reclassifying the hereinafter described property from
Dubuque County R-2 Single-Family Residential District to City of Dubuque AG
Agricultural District with an RROD Rural Residential Overlay District Designation, to wit:
Lot 1 SW ~/4 SW'/4 of Section 23 T89N R1 E, 5t" P.M.; W %2 SE'/4 SW'/4 of
Section 23 T89N R1 E, 5t" P.M.; SE'/4 SE'/ Lot 1-1-1 of Section 22 T89N
R1 E, 5t" P.M.; NW ~/ SW ~/ of Section 23 T89N R1 E, 5t" P.M.; NE'/4 SW
'/4 of Section 23 T89N R1 E, 5t" P.M.; and to the centerline of the adjoining
right-of-way in T89N R1 E, 5t" P.M.; all in Dubuque County, Iowa, that is
proposed to be annexed to 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.
ORDINANCE NO. -08
Grady Family Farm Rezoning
Page 2
Section 3. This ordinance shall take effect immediately upon publication, as
provided by law, and at such time that the herein described property in legally annexed
into the City of Dubuque, Iowa.
Passed, approved and adopted this 20th day of October 2008.
Roy D. Buol, Mayor
Attest:
Jeanne F. Schneider, City Clerk