Request to Rezone 13910 Whistlewind Lane_Elaine KellyPrepared 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. 13t St Telephone: 589-4121
ORDINANCE NO. 72-08
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE
CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED AT 13910 WHISTLEWIND LANE FROM
DUBUQUE COUNTY R-1 RURAL RESIDENTIAL DISTRICT, R-2 SINGLE-FAMILY
RESIDENTIAL DISTRICT AND C-1 CONSERVANCY DISTRICT TO CITY OF
DUBUQUE CR COMMERCIAL RECREATION DISTRICT CONCURRENT WITH
ANNEXATION.
Whereas, Elaine Kelly, 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, R-2 Single-Family Residential District
and C-1 Conservancy District to City of Dubuque CR Commercial Recreation District, to
wit:
Lot 1-2-1 W'/z NE'/4 and Lot 1-2-1-1-1 W ~/2 NE ~/4 in Section 25 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.
Kelly Rezoning
Page 2
-08
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 3rd day of November 2008 .
Roy D. Buol, Mayor
Attest:
Jeanne F. Schneider, City Clerk
F:\USERS\MELINDA\WP\COUNCIL\ORDINANCES\Kelly rezoning w_annexation 09_16_08.doc
Planning Services Department
City Hall
50 West 13~ Street
Dubuque, IA 52001-4864
(563) 589-4210 phone
(563) 589-4221 fax
(563) 690-6678 TDD
planningQcityof dubuque.org
THE CITY OF DUBUQUE
Masterpiece on the Mississippi
Dubuque
All-American City
2007
October 24, 2008
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque IA 52001
Applicant: Elaine Kelly
Location: 13910 Whistlewind Lane
Description: To rezone property, in conjunction with annexation, from County R-1, R-2
and C-1 to City CR Commercial Recreation District.
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 is part of the west side annexation area.
Staff noted the applicant plans to develop the property for a campground and RV park.
Staff noted a portion of the land is in a flood plain, and the proposed uses are allowed in
a flood plain. Staff noted the property abuts CS Commercial Services and Wholesale
District on the east.
There were no public comments.
Recommendation
By a vote of 6 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
Service People Integrity Responsibility Irutovation Teamwork
THE CITY OF DUBUQUE
Masterpiece on the Mississippi
Dubuque
All-American City
2007
October 14, 2008
TO: Zoning Advisory Commission
FROM: Kyle L. Kritz, Associate Planner
SUBJECT: Rezoning of 13910 Whistlewind Lane
INTRODUCTION
The requested rezoning for 13910 Whistlewind Lane from County R-1 Rural Residential,
R-2 Single-Family Residential and C-1 Conservancy Districts to City CR Commercial
Recreation District was heard by the Zoning Advisory Commission at the October 1,
2008 meeting. Subsequent to that meeting, staff found that two property owners .within
200 feet of the area to be rezoned were inadvertently not included on the mailing list for
notices. Attached to this memorandum is the material that the Zoning Advisory
Commission received at your October 1, 2008 meeting regarding the requested
rezoning.
I appreciate the Commission Members willingness to hold a special meeting and
request that the Commission review the enclosed information, hold a new public hearing
and make a recommendation to the City Council.
KLK/mkr
Attachment
THE CITY OF Dubuque
T T brad City of Dubuque
D V B E ~i (1 Planning Services Department
I f Dubuque, IA 52001-4864
Masterpiece on the Mississippi z~, 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): Elaine M. Kelly Phone: 588-9453
Address: 13910 Whistlewind Lane City: Dubuque State: IA Zip: 52002
Fax Number:
Applicant/Agent:
Address:
Fax Number:
Cellular Number: E-mail Address:
Cellular Number:
City:
Phone:
State: Zip:
Address:
Site~,l(o~cation/address: 13910 Whistlewind Lane
Exist'- ing zo~n~'ng: ~ Z G~~ Proposed zoning: CR Historic District: Landmark:
Legal Description (Bidwell parcel ID# or lot number/block number/subdivision): Lot 1-2-1 W ~/z NE ~/a and Lot 1-2-1-1-1 W ~/z
NE ~/a in Section 25 T89N R1E lParcel IDs: 09.25.201.004 and 09.25.202.001)
Total property (lot) area (square feet or acres): Approximately 18.67 acres
Describe proposal and reason necessary (attach a letter of explanation, if needed): Annex and rezone to CR Commercial
Recreation District.
CERTIFICATION: I/we, the undersigned, do hereby certify that:
1. It is the properly 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;
Fees are not refundable and payment does not guarantee approval; and
4. All additional require written and graphic materials are attached.
.~ .4
Property Owne~r~s-):" ~ Date: ~ ~ _ ~G~
Applicant/Agent: Date: ~ /
FOR OFFICE USE ONLY - APPLIC/}A,TION SUBMITTAL CHECKLIST
Fee: ~~ Received by:~l9~~~' Date: Docket:
^ Site/sketch plan^ Conceptual Development Plan ^Photo ^ Plat
^ Improvement plans ^ Design review project description ^ Floor plan ^ Other:
REZONING STAFF REPORT
Zoning Agenda: October 1, 2008
Property Address: 13910 Whistlewind Lane
Property Owner: Elaine M. Kelly
Applicant: Same
Proposed Land Use: Recreation Proposed Zoning: CR
Existing Land Use: Residential Existing Zoning: Count R-1, R-2, C-1
Adjacent Land Use: North -Agricultural Adjacent Zoning: North -County
East -Agricultural/Residential East -County
South -Agricultural South -County
West -Agricultural/Residential West -County
Former Zoning: 1934 -County; 1975 -County; 1985 - CountyTotal Area: 18.67 Acres
Property History: The subject property has been used for residential purposes.
Physical Characteristics: The subject property has a portion of the Middle Fork of the Catfish
Creek running through the property, is heavily wooded, and generally drains to the
southeast.
Concurrence with Comprehensive Plan: The 2030 Future Land Use Map designates the
property as flood plain and mixed residential. The proposed rezoning supports the following
Comprehensive Plan Goals: Land Use Goals 4.1, 4.7, 6.1, 6.2 and 10.1
Impact of Request on:
Utilities: City water and sewer can be extended to serve the subject property.
Traffic Patterns/Counts: The 2005 IDOT Traffic Counts indicates 600 average daily
trips for Middle Road.
Public Services: Existing 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 of the property 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 subject property for
commercial recreation will impact adjacent properties through an increase in vehicle
trips along Pennsylvania Avenue and Middle Road.
Rezoning Staff Report - 13910 Whistlewind Lane Page 2
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 approximately 18 acres from County
R-1 Rural Residential, R-2 Single-Family Residential and C-1 Conservancy to City of
Dubuque CR Commercial Recreation District. 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 a vicinity map that shows the Kelly property to be
rezoned and annexed into the City of Dubuque as well as an aerial photo of the area that
shows existing property and surrounding land uses. In addition, a copy of the CR
Commercial Recreation Zoning District has been attached.
The requested rezoning from County R-1, R-2 and C-1 Districts to City CR Commercial
Recreation is necessary to allow the applicant to develop their property for a camp ground
and recreational vehicle park. The CR District is the only district in the City Zoning
Ordinance that allows campgrounds and RV parks as a use. The Commercial Recreation
District allows for wide range of commercial, recreation and entertainment-type uses.
Currently, Chaplain Schmitt Island, Hawthorne Peninsula and the north end of Rhomberg
Avenue are designated as CR Commercial Recreation District.
The subject property is located on the south side of Middle Road approximately 1,600 feet
west of Seippel Road. The parcel is comprised of 18.6 acres and can be characterized as
rolling topography and heavily wooded. The property also has a portion of the Middle Fork
of the Catfish Creek that runs through the property. A portion of the property is designated
as a flood hazard area Zone A. Zone A designation denotes areas of 100-year flood plain.
No base flood elevations have been determined. Prior to development of the parcel, City
staff will coordinate with the Iowa Department of Natural Resources staff to determine a 100-
yearflood elevation and the limits of the floodway. Development of the parcel will require
that any significant structures over 300 square feet be either elevated or flood-proof against
the 100-year flood. Campgrounds and recreational vehicle parks are an allowed use in
designated floodplain areas. The City's Floodplain Ordinance does require that any utility
systems for serving the camping sites be designed and located so as to prevent water from
entering or accumulating within the components during conditions of flooding. Designs for
meeting this requirement must be certified by a professional engineer registered in the State
of Iowa. Attached to this staff report is a copy of the flood insurance rate map for Dubuque
County, Iowa that illustrates the applicant's property relative to the designated floodplain
area.
Planning staff recommends that the Zoning Advisory Commission review Section 6-6.1 of the
Zoning Ordinance that establishes the criteria for reviewing rezoning requests.
Prepared by: ~ Reviewed~l~~a~~~ Date: 0 7 ~-_Og
Vicinity Map
West side Annexation Area Boundary
Kelly Rezoning
Dubuque
Asbury
City of Dubuque
City of Asbury
Proposed Annexation Area
Proposed Sanitary Sewer
Proposed Water Main
Mountain Ridge
Middle
Sandwedge
SECTION 3. DISTRICT REGULATIONS
3-3. Commercial District.
3-3.7. CR Commercial Recreation District.
(A) General purpose and description. The CR Commercial Recreation District is intended to
provide for commercial recreation facilities, together with their supporting uses, which
generally require large tracts of land and/or generate substantial volumes of traffic.
(B) Principal permitted uses. The following uses shall be permitted in the CR District.
(1) Public or private parks, golf courses, or similar natural recreation areas-[47].
(2) Railroads and public or quasi-public utilities including substations-[47].
(3) Noncommercial art galleries-[13].
(4) Museum/libraries-[13].
(5) Private clubs-[20].
(6) General offices-[14].
(7) Personal services-[14].
(8) Off-street parking lot-[N/A].
(9) Motel-[24].
(10) Retail sales/service-[17].
(11) Laundry/dry cleaner-[19].
(12) Indoor restaurant-[20].
(13) Drive-up automated bank teller-[8].
(14) Self-service carwash-[8].
(15) Animal hospital/clinic-[23].
(16) Laundromat-[22].
(17) Hotels-[30].
(18) Auditoriums/assembly halls-[20].
(19) Indoor theater-[48].
(20) Indoor amusement center-[23].
(21) Indoor recreation facilities-[37].
(22) Motorcycle sales and service-[41].
(23) Boat sales and service-[40].
(24) Recreational vehicle sales and service-[38].
(25) Vehicle rental-[47].
(26) Parking structures-[N/A].
(27) Outdoor recreation-[37].
(28) Convention center-[20].
(29) Athletic fields, stadiums and sports arenas-[26].
~(30) Beaches-[47].
(31) Bowling alleys-[37].
(32) Campgrounds and recreational vehicle parks-[47].
(33) Dog racing, kennels, and track operations-[26].
(34) Excursion boats and services-[37].
(35) Health, sports, recreation and athletic clubs and organizations-[37].
(36) Horse racing, breeding, and stable and track operations-[27].
(37) Pleasure craft harbors-[37].
[ ]Parking group -See Section 4-2 of this Ordinance.
(C) Accessory uses. The following uses shall be permitted as accessory uses as provided in
Section 4 of this Ordinance:
(1) Any use customarily incidental and subordinate to the principal use it serves.
(D) Conditional uses. The following conditional uses are permitted in the CR District, subject to
the provisions o~ Section 5 of this Ordinance and are the minimum requirements for
application to the Board of Adjustment for a conditional use permit:
(1) Gas station, provided that:
(a) The parking group requirements can be met-[18].
(2) Bar/tavern, provided that:
(a) The parking group requirements can be met-[20].
(3) Automated gas station, provided that:
(a) The parking group requirements can be met-[18].
(4) Drive-in/carry-out restaurant, provided that:
(a) The parking group requirements can be met-[28].
[ ]Parking group -See Section 4-2 of this Ordinance.
(E) Temporary uses. The following uses shall be permitted as temporary uses in the CR District:
(1) (Reserved)
(F) Bulk regulations.
Front yard setback: 20 feet (20 feet for garages facing street)
Side yard setback: 0 feet*
Rear yard setback: 0 percent lot depth*
Building height: one hundred feet (100') for all permitted uses, forty feet (40') for gas station,
bar/tavern, automated gas station, drive in/carryout restaurants.
*Except where abutting a residential or office residential district, then six foot (6') side yard
and twenty percent (20%) lot depth rear yard setbacks required.
(G) Parking Requirements: See section 4-2 of this ordinance.
(I~ Signs: See section 4-3 of this ordinance. (Ord. 35-85, § 1, 6-3-1985; Ord. 7-88, § 1, 2-15-
1988; Ord. 18-88, § 1, 3-7-1988; Ord. 36-88, § 1, 8-1-1988; Ord. 65-88, § 1, 12-19-1988;
Ord. 23-90, §§ 1-5, 20, 3-19-1990; Ord. 26-90, § 2, 3-19-1990; Ord. 28-90, § 1, 4-2-1990;
Ord. 70-90, § 1(a)-(d), 9-4-1990; Ord. 95-90, § 1, 12-17-1990; Ord. 34-91, § 3, 5-6-1991;
Ord. 73-91, § 1, 10-7-1991; Ord. 10-92, §§ 1, 2, 2-3-1992; Ord. 37-92, § 1, 5-18-1992; Ord.
57-92, § 1, 8-3-1992; Ord. 58-92, § 1, 8-3-1992; Ord. 59-92, § 1, 8-3-1992; Ord. 61-92, § 1,
8-3-1992; Ord. 12-93, § 2, 3-15-1993; Ord. 41-94, § 1, 8-1-1994; Ord. 54-94, § 1, 10-3-1994;
Ord. 55-94, § 1, 10-3-1994; Ord. 56-94, § 1, 10-3-1994; Ord. 57-94, § 1, 10-3-1994; Ord. 9-
98, § 1, 3-2-1998; Ord. 75-01, § 1, 11-19-2001)
KEY TO MAP
NATIONAL f 100D INSURANCE PR06RAM
III~IIIIIIIIIINI ~ 0~ SURANCE RATE MAP
II
COUNTI' OF
DUBUQUE,
IOWA
(UNINCORPORATED AREAS)
PANEL 80 OF 200
COMMUNITY-PANEL NUMBER
190534 0080 B
EFFECTIVE DATE:
~4_ n N'_~~ SEPTEMBER 1, 1983
I VIIIIIIIIIIIIIII Federal Emergency Management Agency
500-Year Flood Boundary
100-Year Flood Boundary
Zone Designations*
100-Year Flood Boundary
500-Year Flood Boundary -
Base Flood Elevation Line 513
With Elevation In Feet**
Base Flood Elevation in Feet (EL 987)
Where Uniform Within Zone**
Elevation Reference Mark RM7x
Zone D Boundary
River Mile •M1.5
**Referenced to the National Geodetic Vertical Datum of 1929
*EXPLANATION OF ZONE DESIGNATIONS
ZONE EXPLANATION
A Areas of 100-year flood; base flood elevations and
flood hazard factors not determined.
AO Areas of 100-year shallow flooding where depths
are between one (1) and three (3) feet; average depths
of inundation are shown, but no flood hazard factors
are determined.
AH Areas of 100-year shallow flooding where depths
are between one (1) and three (3) feet; base flood
elevations are shown, but no flood hazard factors
are determined.
Al-A30 Areas of 100-year flood; base flood elevations and
flood hazard factors determined.
A99 Areas of 100-year flood to be protected by flood
protection system under construction; base flood
elevations and flood hazard factors not determined.
B Areas between limits of the 100-year flood and 500-
year flood; or certain areas subject to 100-year flood-
ingwith average depths less than one (1) foot or where
the contributing drainage area is less than one square
mile; or areas protected by levees from the base flood.
(Medium shading)
C Areas of minimal flooding. (No shading)
D Areas of undetermined, but possible, flood hazards.
V Areas of 100-year coastal flood with velocity {wave
action); base flood elevations and flood hazard factors
not determined.
V7-V30 Areas of 100-year coastal flood with velocity (wave
action); base flood elevations and flood hazard factors
determined.
NOTES TO USER
Cert_a,in areas not in the special flood hazard areas (zones A and V)
may be protected by flood control structures.
This map is for flood insurance purposes only; it does not neces-
sarily show all areas subject to flooding in the community or
all planimetric features outside special flood hazard areas.
For adjoining map panels, see separately printed Index To Map
Panels.
INITIAL IDENTIFICATION:
Elaine Kelly Property
Illinois Central Gulf RR
Zone C