Request to Rezone Property on Middle Road_MerkesPlanning Services Department
City Hall
50 West 13th Street
Dubuque, IA 52001-4864
(563) 589-4210 phone
(563) 589-4221 fax
(563) 690-6678 TDD
vlannins@citvofdubuque.org
THE CITY OF Dubuque
DUB E
Masterpiece on tJte Mississippi
2007
October 2, 2008
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13'h Street
Dubuque IA 52001
Applicant: AI & Theresa Merkes
Location: Middle Road, west of Seippel Road
Description: To rezone property, in conjunction with annexation, from County R-1, R-2 and
C-1 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 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\Merkes rezoning cc Itr 09_22_08.doc
Service People Integrity Responsibility Innovation Teamwork
THE CITY OF
DUB E
Mnster~iece on the Mississippi
Dubuque
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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
City of Dubuque
Planning Services Department
Dubuque, IA 52001-4864
Phone:563-589-4210
Fax: 563-589-4221
^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): Alovsius P and Theresa M. Merkes
Address: 16071 Middle Road City: Dubuoue
Fax Number:
Applicant/Agent:
Address:
Fax Number:
Cellular Number:
City:
Cellular Number:
Site location/address: Middle Road. west of Seiooel Road
~.CiU.~n, 12-1~~ ~'~
Existing zor ng: Proposed zoning: AG/RROD Historic District:
Phone: 5482-8013
State: Iowa Zip: 52002
E-mail Address:
Phone:
State: Zip:
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): +/- 390 Acres
Describe proposal and reason necessary (attach a letter of explanation, if needed): Annex and rezone to AG Agricultural 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 required written and graphic materials are attached.
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Property Owner(s):(~J,~.: ~~~i~,~,,~i, ~, ~7L:~~e,~i,e~~~, ~~~, `~~~~z~~ Date: ~ °~7 "~ <~ d ~'
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Applicant/Agent: Date:
FOR OFFICE USE ONLY -APPLICATION SUBMITTAL CHECKLIST
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Fee: ~ NA\~~~ Received by:~l 4;~,~1~~i.1;1:1 Date:~~~~~'%5IO~} Docket:
^ Site/sketch plan^ Conceptual Development Plan ^Photo ^ Plat
^ Improvement plans ^ Design review project description ^ Floor plan ^ Other:
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THE CITY OF
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Vicinity Map
Applicant: AI & Theresa Merkes
Dubuque
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Location: Middle Road, west of Seippel Road
Description: To rezone property, in conjunction
with annexation, from County R-1, R-2 and C-1 to
City AG Agricultural with an RROD Rural Residen-
tial Overlay designation.
i ;County Zoning
~: ~ ~ ~ : ~ :::~ Proposed Area to be Rezoned
Dubuque
Asbury
DISCLAIMER: This informatlon was . ~ using the
Dubuque Aroe Geogrephic IMormetlon System (DAGIS), which
Includes date created by both the City of Dubuque and
Dubuque County. It Is I ...~ _.. ]that, wMle the Clty oT
Dubuque entl . ~.ing ... utI .... .most curtent
and accurate iMorrnetlon evelleble, DAGIS end Its suppliers do
not wartaM the .... ., or ~ of Ne or date
contained herein. The Clty entl peNclpe .... shell not
be held IIeDk Tor arty direct, indlrecl, ... I, co ..... rl,
punitive, or special damages, whet ale or
unforeseeable, arising out of the au . ,for ,. I
use of this date or the Inability to use this date or oul of arty
breech of ,, whatsoever.
Planning//Vicinity Man/Rezgning/Merkes RP.7grling 09 09 Ofd
REZONING STAFF REPORT
Zoning Agenda: October 1, 2008
Property Location: Middle Road, West of Seippel Road
Property Owner: AI & Theresa Merkes, 16071 Middle Road
Applicant: AI & Theresa Merkes
Proposed Land Use: Agricultural/Residential
Existing Land Use: Agricultural
Proposed Zoning: AG/RROD
Existing Zoning: County R-1, R-2 and C-1
Adjacent Land Use: North -Recreation/Residential
East -Residential/Agricultural
South -Residential/Agricultural
West -Agricultural/Residential
Adjacent Zoning: North -County/Asbury
East -County/Asbury
South -County/Asbury
West -County/Asbury
Former Zoning: 1934 -County; 1975 -County; 1985 -County Total Area: 390 Acres
Property History: The subject property has been used for agricultural purposes.
Physical Characteristics: The subject property is located both north and south of Middle
Road, east of Seippel Road. The property encompasses approximately 390 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 Rural Density Residential and 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 out 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 Merkes.
Traffic Patterns/Counts: The 2005 Iowa Department of Transportation traffic
counts indicate 600 average daily trips for Middle Road.
Rezoning Staff Report -Merkes Farm
Page 2
Public Services: Public services can be extended to serve the subject property.
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 390 acre
property from County R-1 Rural Residential, R-2 Single-Family Residential and C-1
Conservancy 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 Merkes 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-1, R-2 and C-1 Districts 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 Merkes 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 1 acre of property per residence under R-1
and ~/2 acre 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 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 County C-1 Conservancy District typically identifies flood plain. The City of
Dubuque Zoning Ordinance does not have a Conservancy District; however, upon
annexation the City becomes responsible for Flood Plain Management. The area
Rezoning Staff Report - Merkes Farm
Page 3
currently designated as a Conservancy District will be subject to the City's Flood Plain
ordinance.
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.
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 and R-2 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 6-6.1
of the Zoning Ordinance that establishes criteria for review of rezoning requests.
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F:\USERS\Kmunson\WP\Boards-CommissionsVAC\Staff ReportsWlerkes Rezoning stf rpt 09_19_O8.doc
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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. 65 -08
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE
CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED SOUTH AND NORTH OF MIDDLE ROAD FROM
DUBUQUE COUNTY R-1 RURAL RESIDENTIAL DISTRICT, R-2 SINGLE-FAMILY
RESIDENTIAL DISTRICT AND C-1 CONSERVANCY DISTRICT TO CITY OF
DUBUQUE AG AGRICULTURAL DISTRICT WITH AN RROD RURAL RESIDENTIAL
OVERLAY DISTRICT DESIGNATION, CONCURRENT WITH ANNEXATION.
Whereas, AI & Theresa Merkes, property owners, have 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-1 Rural Residential District, R-2 Single-Family Residential District
and C-1 Conservancy District to City of Dubuque AG Agricultural District with an RROD
Rural Residential Overlay District Designation, to wit:
Alta Jane Blades Place -Lot 2 of Section 25 T89N R1 E, 5t" P.M.;
NE'/ NW'/4 of Section 25 T89N R1 E, 5t" P.M.; Lot 1 NW % SW'/4
and Lot 2 NW'/4 SW'/4 of Section 25 T89N R1 E, 5t" P.M.; SE'/4
NW'/4 of Section 25 T89N R1 E, 5t" P.M.; NE'/ SE'/4 of Section 25
T89N R1 E, 5t" P.M.; Middle Fork Addition -Lot 4 of Section 23
T89N R1 E, 5t" P.M.; Middle Fork Addition -Lot 5 of Section 23
T89N R1 E, 5t" P.M.; NW'/4 SE'/4 of Section 23 T89N R1E, 5t"
P.M.; Lot 1-1 W ~/z NW'/a, Lot 2-1 W'/2 NW'/a, and Lot 2-1 W'/2
NW ~/4 of Section 25 T89N R1 E, 5t" P.M.; NE ~/4 NE'/ of Section 26
T89N R1 E, 5t" P.M.; Middle Fork Addition -Lot 3 of Section 23
ORDINANCE NO. -08
Merkes Rezoning
Page 2
T89N R1E, 5th P.M.; and to the centerline of the adjoining right-of-
way in the T89N R1E, 5th P.M.; all in Dubuque County, Iowa, that is
proposed to be annexed to te City of Dubuque, Iowa.
Sectoin 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 20thday of October 2008.
Roy D. Buol, Mayor
Attest:
Jeanne F. Schneider, City Clerk