Request to Rezone Property on Middle Road_BowmanPlanning Ser~~ices Department
City Hall
50 West 13~" Street
Dubuque, IA 52001-4864
(563) 589-4210 phone
(563) 589-4221 fax
(563) 690-6678 TDD
vlannint'@citvofdubuaue.or~
THE CITY OF Dubuque
DuB E
Mnsterpieee on the Mississippi 1 I
2007
October 2, 2008
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque IA 52001
Applicant: Kerry Bowman
Location: 15615 Middle Road
Description: To rezone property, in conjunction with annexation, from County R-1 to City
AG Agricultural with an RROD Rural Residential Overlay District 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 noted the
property has both agricultural and residential uses at this time. Staff explained the AG
zoning will allow these uses to continue, and the RROD will allow the property owner to plat
off one or more lots for single-family homes.
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\Bowman rezoning cc Itr 09_22_08.doc
Service People Integrity Responsibility Innovation Teamwork
THE CITY QF Dubuque
T T - L~1 City of Dubuque
D lJ B E , i i 1 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
Property owner(s): Kerrv S. Bowman
Address: 15615 Middle Road
Fax Number:
Applicant/Agent:
Address:
Fax Number:
^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:
Phone: ~~~.~~~~-
City: Dubuque
Cellular Number: 542-7879
City:
Cellular Number:
Site location/yaddress: 15615 Middle Road
( 1.~1Y~1~
Existir~~"zoning it ~~ Proposed zoning: AG/RROD Historic District:
Landmark:
Legal Description (Bidwell parcel ID# or lot number/block number/subdivision): Parcel ID#09-24-376-003 Lot 1 SE ~/a SW ~/a
of Section 24 T89N R1E.
Total property (lot) area (square feet or acres): 9.60 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 gr hic terials are_ ched.
Property Owner(s): b'~~lill„% ~~ ~' ~')~ Date:
Applicant/Agent: ~ Date: ,
v
FOR OFFICE USE ONLY - APPL/(I~C,,A,TION SUBM~I,TTAL CHECKLIST
Fee: CJ~~ti~ Received by: `rte-~G~"~CF:%L2-a Date: ~~~%~~' Docket:
^ Site/sketch plant Conceptual Development Plan uPhoto ^ Plat
~ Improvement plans ^ Design review project description ~ Floor plan ~ Other:
State: IA ~~Zi(p~: 52002 ~}
E-mail Address: ~~lJ ~~~~ lf~'~~ ~~hU
Phone:
State: Zip:
E-mail Address:
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Applicant: Kerry Bowman
Location: 15615 Middle Road
Description: To rezone property, in conjunction with
annexation, from County R-1 to City AG Agricultural
with an RROD Rural Residential Overlay District
designation.
~::::::: ~ Proposed Area to be Rezoned
~;~ ~ County Zoning
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REZONING STAFF REPORT
Property Location:
Property Owner:
Applicant:
15615 Middle Road
Kerry S. Bowman
Same
Proposed Land Use: Agricultural/Residential
Existing Land Use: Agricultural/Residential
Adjacent Land Use
Adjacent Zoning:
North -Agricultural
East -Agricultural
South -Agricultural
West -Residential
North -County
East - AG Agricultural
South -County
West -County
Zoning Agenda: October 1, 2008
Proposed Zoning: AG/RROD
Existing Zoning: County R-1
Former Zoning: 1934 -County; 1975 -County; 1985 -County Total Area: 9.6 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 9.6 acres and currently is
used for residential 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. 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.
Traffic Patterns/Counts: The 2005 Iowa Department of Transportation traffic
counts indicate 600 average daily trips for Middle Road.
Public Services: Public services can be extended to serve the subject property.
Rezoning Staff Report -Bowman Property
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 applicant is requesting rezoning of her approximately 9.6 acre
property from County R-1 Rural 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 Bowman 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 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 applicant to continue the current use. 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 the R-
1Rural Residential District. 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 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 -Bowman Property 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 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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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. 13 St Telephone: 589-4121
ORDINANCE NO. 66 -08
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE
CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED 15615 MIDDLE ROAD FROM DUBUQUE
COUNTY R-1 RURAL RESIDENTIAL DISTRICT TO CITY OF DUBUQUE AG
AGRICULTURAL DISTRICT WITH AN RROD RURAL RESIDENTIAL OVERLAY
DISTRICT DESIGNATION, CONCURRENT WITH ANNEXATION.
Whereas, Kerry Bowman, 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-1 Rural Residential District to City of Dubuque AG Agricultural
District with an RROD Rural Residential Overlay District Designation, to wit:
Lot 1 SE'/ SW'/4 of Section 24 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.
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.
ORDINANCE NO. -08
Bowman Rezoning
Page 2
Passed, approved and adopted this 20th day of October 2008.
Roy D. Buol, Mayor
Attest:
Jeanne F. Schneider, City Clerk