Zoning 4100 Asbury, McNamerPl~mn~ng Services Department
50 West 13th Street
Dubuque, Iowa 520014864
Phone (319) 5894210
Fax (319) 589-4221
May 11, 2001
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque IA 52001
RE: Rezoning
Applicant:
Location:
Martin McNamer/Harvest Development Group, LTD.
4100 Asbury Road
Description: To rezone property from AG Agricultural District, R-3 Multi-Family
Residential District and C-2 Neighborhood Commercial District to R-2
Two-Family Residential District, R-3 Multi-Family Residential District and
C-2 Neighborhood Commercial 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
The applicant spoke in favor of the request, reviewing the proposed rezoning requests
and indicating that the C-2 zoned property is being reduced by 5 1/2 acres. He noted
that the proposed rezoning to R-2 and R-3 allows flexibility in the types of housing unit
that can be built. Staff reviewed the requests, noting surrounding land uses and former
zoning request on the subject property.
Mark Gremmel, 3662 Seville Ddve, stated concerns regarding the amount of traffic on
Asbury Road and how those concerns might be addressed. Mr. McNamer noted that
Asbury Road is considered a minor arterial, and thus, able to handle a lot of traffic. He
also noted that Matthew John Drive through the subdivision would be a collector street.
Virgil Blocker, 1850 Carter Road, spoke on behalf of Resurrection Church in favor of the
request. He mentioned thai Resurrection Church is in the process of building their own
detention basin.
The Zoning Advisory Commission discussed the request, noting the potential impact of
commercial zoning on adjacent property and reviewing ordinance requirements for
commercial zoning next to residential property.
Service People Integrity Responsibility Innovation Teamwork
The Honorable Mayor and City Council Members
May 11, 2001
Page 2
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,
Eugene Bird, Jr., Chairperson
Zoning Advisory Commission
Attachments
Prepared by: Laura Carstens, City Planner Address: 50 W. 13th St., City Hall Telephone: 589-4210
ORDINANCE NO. 28-01
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF
THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING
HEREINAFTER DESCRIBED PROPERTY LOCATED AT 4100 ASBURY ROAD
FROM C-2 NEIGHBORHOOD SHOPPING CENTER DISTRICT TO R-2 TWO-
FAMILY RESIDENTIAL DISTRICT, FROM R-3 MODERATE DENSITY MULTI-
FAMILY RESIDENTIAL DISTRICT TO C-2 NEIGHBORHOOD SHOPPING
CENTER DISTRICT AND FROM AG AGRICULTURAL DISTRICT TO R-3
MODERATE DENSITY MULTI-FAMILY RESIDENTIAL DISTRICT.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That Appendix A (the Zoning Ordinance) of the City of Dubuque Code
of Ordinances is hereby amended by reclassifying the hereinafter described property
from C-2 Neighborhood Shopping Center District to R-2 Two-Family Residential
District, from R-3 Moderate Density Multi-Family Residential district to C-2
Neighborhood Shopping Center District and from AG Agricultural District to R-3
Moderate Density Multi-Family Residential District as shown in Exhibit A, and to the
center line of the adjoining public right-of-way, all in 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.
Passed, approved and adopted this 21st day of May, 2001.
Terrance M. Duggan, Mayor
Attest:
Karen M. Chesterman, Deputy City Clerk
AG
Exhibit A
Proposed Rezoning
Harvest Development Group, Ltd.
R-1
R-1
C-2
AG
AG
N
Applicant: Martin McNamed
Harvest Development Group, LTD.
Location: 4100 Asbury Road
~ Proposed area to be rezoned to R-2
from C-2
Proposed area to be rezoned to C-2
from R-3
~ Proposed area to be rezoned to R-3
from AG
City of Dubuque
Planning Services Department
Dubuque IA 52001-4864
__ Phone: 319-589-4210
Fax: 319-589-4149
[] Vadance
[] Conditional Use Permit
[] Appeal
[] Special Exception
[] Limited Setback Waiver
PLANNING APPLICATION FORM
~Rezoning
[] Planned District
[] Preliminary Plat
[] Minor Final Plat
[] Text Amendment
[] Simple Site Plan
[] Minor Site Plan
[] Major Site Plan
[3 Major Final Plat
[] Simple Subdivision
[] Annexation
[] me mp ez~,Cv~,~P e., ~m? it
[] Certificate o'f'A~Cp'~te~ess
[] Certificate of Economic Hardship
m Other:
PLEASE TYPE OR PRINT LEGIBLY IN INK
Property Owner(s):. Harvest Development Group, LTD.
Address: 5070 Wolff Road
Fax Number: (563)582-5889
Applicant/Agent: Martin J. McNamer
Ci~:. Dubuque
Mobile/Cellular Number:
Address: 1199 Hunters Ridge
Fax Numbe~ (563)582-5889
Site Iocation~ddress: 4100 Asbury Road
Existing zoning: Preposed zomng:
(AG, R-3, C-2)
Phone: (563)582-5762
State: IA Zip: 52002
(563)590-2173
Phone:
CibJ: Dubuque State: IA Zip:
Mobile/Cellular Number: (563) 590-2173
Historic district: No Landmark: No
(R-3, C-2, R-2) '
(563}557-1712
52003-0281
Legaldescdption(SidwellPa~ellD numberorlotnumbedblocknumbedsubdivision): Lot 1 of 1 of t,
and Lot 2 See Exhibit Map
Total properly (lot) area (square feet or acres): 9.6, 3.7, & 9.1 acres Number of lots:
Descdbe proposal and reason necessary (attach a letter of explanation, if needed): to meet: the ueeds
of our ~proposed Preliminary Plat.
CERTIFICATION: I/we. the undersigned, do hereby certify that:
1
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
Ail additional required written and graphic materials are attached.
Property Owner(s):. Harvest Development Group, LTD.
Applicant/Agent Martin J. McNamer ~ ~
Date: 3/30/01
Date: 3/30/01
FOR OFFICE USE ONLY -APp, EI,~ATION SUBMITTAL CHECKLIST
Fee: ../~2.~1r:2 Received by: ~Z~ Date: U/~/A/ Docket: _
[] Pro&rty ownership list [] SiteJsketc~pi;n ~toor plan [] Pl~t' m Conceptual devetopmen, Dian
[] Improvement plans [] Design review oroject description [] Photo m Other:
REZONING STAFF REPORT Zoning Agenda: May 2, 2001
Property Address:
Property Owner:
Applicant:
Asbury Road, east of Resurrection Church property
Harvest Development Group, Ltd.
Martin J. McNamer
Proposed Land Use: Commercial/Multi-Family Residential
Zoning: C-2/R-3/R-2
Existing Land Use: Vacant/agricultural
Existing Zoning: C-2/R-3/R-1
Adjacent Land Use:
North - Recreation
East- Residential/Agricultural
South - Agricultural
West- Church
Adjacent Zoning: North - R-1
East - R-l/AG
South - AG
West- R-1
Former Zoning:
1934 - County; 1975 - AG;
1985 - AG
Total Area: Approx. 22 acres
Prope[ty History: The subject property was used for agricultural purposes for many
years prior to and after annexation to the city of Dubuque. The property was previously
rezoned and a preliminary plat approved for Tim and Sara Hilby; The Hilby's
subsequently have sold the property to Harvest Development Group, Ltd., who is now
in the process of revising the preliminary plat to accommodate additional lots.
Physical Characteristics: The subject property generally slopes south and has frontage
on Asbury Road.
Concurrence with Comprehensive Plan: The 1995 Comprehensive Plan designated
the subject property as a mixture of single and multi-family with a commercial node
along Asbury Road.
Impact of Request on:
Utilities: Existing utilities are sufficient to handle the proposed rezoning.
Traffic Patterns/Counts: Asbury Road is classified as a minor arterial and carries
approximately 8,300 vehicle trips per day between the Northwest Arterial and St.
John's Drive.
Public Services: Existing public services are adequate to serve the site.
Environment: No adverse impact to the environment is anticipated provided
adequate erosion control is practiced during all phases of construction.
REZONING STAFF REPORT Page 2
Adjacent Properties: Resurrection Church is the closest property to the proposed
rezoning. The zoning Ordinance requires that commercial uses that abut
residential districts must maintain a screen of 6 feet along the abutting property
line. This screening can take the form of either fences or plantings.
ClP Investments: None proposed.
Staff Analysis: The owner of the property, Harvest Development Group, Ltd., has
recently purchased the property at auction from Tim and Sate Hilby. The Hilby's
previously rezoned the subject parcel to a combination of C-2 Neighborhood Shopping
Center District, R-3 Moderate Density Multi-Family Residential District, and R-1 Single-
Family Residential District. The new owners wish to modify the location of specific
zoning districts as well as rezone approximately nine acres to R-2 Two-Family
Residential.
The submitted rezoning request by Martin J. McNamer reduces the amount of C-2
zoning from 13.7 acres to 8.3 acres and shifts all the C-2 zoning to the west side of the
property adjacent to Resurrection Church property.
The applicant is proposing to rezone the previous 9.1 acres of C-2 zoning along Asbury
Road to R-2 Two-Family Residential to allow development of two unit town homes. The
9.6 acres on the north end of the property adjacent to the Northwest Arterial is being
proposed to be rezoned from AG Agricultural to R-3 Moderate Density Multi-Family
Residential. The applicant feels that the R-3 district provides a great deal of flexibility
in terms of developing residential property because of the range of housing types
allowed by the district, and that the R-3 district can help buffer single-family residential
property from the traffic and noise of the Northwest Arterial.
The proposed C-2 Neighborhood Shopping Center district zoning adjacent to the
Resurrection Church property will require that there be six foot screening along the
west property line between the two land uses. The commercial land is below the grade
of the Resurrection Church property, which will help provide a buffer between the two
uses as well as ensure that storm water will not adversely impact the Resurrection
Church property; The applicant has also indicated that the development group's intent
is to develop the C-2 area for a high quality development that will not detract from the
church property or adjacent single and two-family residential property that is planned
for development.
Staff recommends that the Zoning Advisory Commission review section 6-1.1 of the
Zoning Ordinance that establishes criteria for rezoning requests.
Prepared by:
from
Office on or before said time of
public hearing.
public :hearing ;;a b ereSted
.~lven an eppertunity to be
eard for or agaleat sald~
f93 in
~e~hne F Schneider
5/9 · city Clerk~
STATE OF IOWA
DUBUQUE COUNTY
{ SS:
CERTIFICATION OF PUBLICATION
I, TAMMY M. FELDMANN 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; he.reby certify that th.e attached notice was published
in said newspaper on the following dates ~',~ I/ ~] ,
· , 20 f~)/ , and for which th~e charge is $ /~_~, 79 .
Su. bscribed to before me, a Notary
20 / .
this /~'~ day of~ Public in and f°r Dubuque C°"nty' I°wa'
Notary Pt~c '~ and for Dubuque County, I6~a
~ARIyO 1N,E2~0PIARE8 ~MY COMMISSION EXPIRES
--~:iCiAL PUBLiOATION,
oRDINANCE NO, 28-01 L
AN OROINANOE AMEND: I
lING ~PPENDIX' A (THE I
[ ZONING ORDINANCE) OF I
[ THE~ OITY OF DUBUQUE /
/ CODE OF ORDINANCES BY /
' RECLASSIFYING HEREIN~ J
; AFTER DESCR!BED pROP-
In Exhibit A
il°sWear'ton ~. The f0regoinge
amendment has flemtofor
been rev ewed bY,t~e Zoning
AdWso~ C0~is~ion of the
City Of Ddb~q~e I~e,
Section 3. This ordinance
STATE OF IOWA
DUBUQUE COUNTY
{ SS:
CERTIFICATION OF PUBLICATION
I, TAMMY M. FELDMANN 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 ,~Y '~ ff
, 20 (~/ , andforw~ichthe/chargeis$ /~, "7~:"' .
Subscribed to before m~a Notary Public in and for Dubuque County, Iowa,
this /~o~,~ day of ~/~~ 20 ~/.
Notary Public t~/and for Dubuque Cotmty, Io~i~
,~4y COrvlMISSION EXPIRES