West 32nd St/NW Arterial Switch Homes Mozena Farms Rezoning from AG to R-1 with Conditions_InitiateCity of Dubuque
City Council Meeting
Copyrighted
June 20, 2022
Items to be set for Public Hearing #
01.
ITEM TITLE: West 32nd St/NW Arterial Switch Homes Mozena Farms Rezoning from
AG to R-1 with Conditions
SUMMARY: City Manager recommending recommending City Council set a public
hearing on July 5, 2022, at 6:30 p.m. to amend Title 16 of the City of
Dubuque Code of Ordinances, Unified Development Code, by
reclassifying hereinafter described property located between 32nd Street
and Northwest Arterial (parcel 1015276004) as shown on Rezoning
Exhibit A from AG Agriculture District to R-1 Single -Family Residential
with Conditions.
RESOLUTION Setting a Public Hearing on Amending Title 16 of the city
of Dubuque Code of Ordinances, Unified Development Code, by
Reclassifying Hereinafter Described Property Located Between 32nd
Street and Northwest Arterial (Parcel 1015276004) as Shown on
Rezoning Exhibit A from AG Agriculture District to R-1 Single -Family
Residential with Conditions
SUGGESTED
Receive and File, Adopt Resolution(s), Set Public Hearing for July 5,
DISPOSITION:
2022 at 6:30 p.m.Suggested Disposition:
ATTACHMENTS:
Description
Type
West 32nd St/NW Arterial Switch Homes Mozena
Farms Rezoning from AG to R-1 with Conditions-MVM City Manager Memo
Memo
Staff Memo
Staff Memo
Council Switch R1 Procedural Correction 6-17-22 Staff Memo
Resolution
Resolutions
Rezoning Notice
Supporting Documentation
Rezoning Exhibit A
Supporting Documentation
THE CITY OF
Dubuque
DUB TEE1.
All -America City
Masterpiece on the Mississippi
� pp
zoo�•*o 13
zoi720zoi9
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Set Public Hearing — Rezoning of property located between 32nd Street
and Northwest Arterial (Parcel 1015276004) as shown on Rezoning
Exhibit A from AG Agriculture District to R-1 Single -Family Residential with
Conditions.
DATE: June 15, 2022
Planning Services Manager Wally Wernimont is recommending City Council set a public
hearing on July 5, 2022, at 6:30 p.m. to amend Title 16 of the City of Dubuque Code of
Ordinances, Unified Development Code, by reclassifying hereinafter described property
located between 32nd Street and Northwest Arterial (parcel 1015276004) as shown on
Rezoning Exhibit A from AG Agriculture District to R-1 Single -Family Residential with
Conditions.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen
MCVM:sv
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Wally Wernimont, Planning Services Manager
THE C
DUUB_-'&__TE,
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Wally Wernimont, Planning Services Manager
Dubuque
All -America City
-1, M L, IVR I I & 11
1I�II®r
2007.2012.2013
2017*2019
SUBJECT: Set Public Hearing — Rezoning of property located between 32nd Street
and Northwest Arterial (Parcel 1015276004) as shown on Rezoning
Exhibit A from AG Agriculture District to R-1 Single -Family Residential with
Conditions.
DATE: June 13, 2022
INTRODUCTION
This memorandum request the City Council set a public hearing on July 5, 2022 at 6:30
p.m. to amend Title 16 of the City of Dubuque Code of Ordinances, Unified
Development Code, by reclassifying hereinafter described property located between
32nd Street and Northwest Arterial (parcel 1015276004) as shown on Rezoning Exhibit
A from AG Agriculture District to R-1 Single -Family Residential with Conditions.
BACKGROUND
On June 6, 2022, the City Council held a public hearing on rezoning the property
located between 32nd Street and Northwest Arterial (Parcel 1015276004) from AG
Agricultural to R-1 Single -Family and R-4 Multi -Family Residential. During the public
hearing the City Council approved a motion to separate the R-1 and R-4 rezonings into
two ordinances. In addition, the City Council made a motion to require a traffic study as
a condition of rezoning the portion of the property from AG Agriculture to R-1 Single -
Family Residential.
Iowa Code Chapter 414 City Zoning - Section 414.5 Changes -- Protest, notes the
following:
"as a part of an ordinance changing land from one zoning district to another
zoning district or an ordinance approving a site development plan, a council may
impose conditions on a property owner which are in addition to existing
regulations if the additional conditions have been agreed to in writing by the
property owner before the public hearing required under this section or any
adjournment of the hearing. The conditions must be reasonable and imposed to
satisfy public needs which are directly caused by the requested change"
Set Public Hearing — Rezone Property from AG to R-1 with conditions Page 2
Pursuant to Iowa Code Section 414.5, because the property owner did not agree to the
condition in writing before the public hearing or the adjournment of the hearing, a new
public hearing must be conducted.
RECOMMENDATION
Staff recommends the City Council approve the resolution to set the public hearing on
the rezoning of property located between 32nd Street and Northwest Arterial (Parcel
1015276004) as shown on Rezoning Exhibit A from AG Agriculture District to R-1
Single -Family Residential with Conditions.for July 5, 2022.
Enclosures
cc: Crenna Brumwell, City Attorney
THE CITY OF
DUB TEI
Masterpiece on the Mississippi
CRENNA M. BRUMWELL ESQ.
CITY ATTORNEY
TO: MAYOR BRAD M. CAVANAGH & MEMBERS OF THE CITY COUNCIL
DATE: JUNE 17, 2022
RE: SWITCH HOMES / MULLIGAN REZONING REQUESTS FOLLOW-UP
Dubuque
AII•AneftCft
wi�uv�irx�x
2007-2012.2013
2017*2019
History
At the last council meeting an application for rezoning was considered for Switch
Homes/Matt Mulligan which included:
1) Land along 32nd Street from AG to R-4 and
2) Land abutting the stub street on Tiffany Court from AG to R-1.
At the meeting the Council separated the rezoning actions to be handled individually.
Action on AG to R-4.
A first reading was given to the request to go from AG to R-4.
/_ • e • e _TC]"I :151
On the request to go from AG to R-1 the Council voted to do a conditional rezoning
with the requirement of completing a traffic study. This action was given a first
reading.
Issue
Procedurally a first reading was not a valid action on the AG to R-1 rezoning due to the
requirements of the Iowa Code for conditional rezoning. When a conditional rezoning is
done, the Council must have a written agreement from the property owner to the imposed
condition(s) PRIOR TO the public hearing.
Applicable Iowa Code
414.5 Changes — protest.
The regulations, restrictions, and boundaries may, from time to time, be amended,
supplemented, changed, modified, or repealed. Notwithstanding section 414.2, as
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 589-4381 / FAX (563) 583-1040 / EMAIL cbrumwel@cityofdubuque.org
a part of an ordinance changing land from one zoning district to another zoning
district or an ordinance approving a site development plan, a council may impose
conditions on a property owner which are in addition to existing regulations if the
additional conditions have been agreed to in writing by the property owner before
the public hearing required under this section or any adjournment of the hearing.
The conditions must be reasonable and imposed to satisfy public needs which are
directly caused by the requested change.
Corrective Action
AG to R-4
No corrective action necessary.
As a result, the AG to R-4 rezoning request will appear on your action agenda on June
20, 2022, for further consideration by the Council (second reading or waiver of readings
and final consideration and passage of the ordinance).
AG to R-1
Corrective action is required.
As the first reading done on June 6, 2022, was procedurally deficient as it didn't comply
with Iowa Code §414.5 the process for the rezoning request must be handled
differently.
The public hearing on the conditional rezoning must be done in such a way to comply
with §414.5. This means the city must have a written agreement from the property
owner agreeing to the condition prior to the public hearing.
On June 20, 2022, the council will be asked to set another public hearing on the AG to
R-1 rezoning request conditioned upon completion of a traffic study. The property
owner agreed, in writing on June 14, 2022, to complete a traffic study. The public
hearing on the matter will occur on July 5, 2022.
Reminder
The two (2) rezoning requests from AG to R-4 and AG to R-1 should be discussed
separately as they are now two (2) separate actions/ordinances.
Conclusion
The addition of a condition to a rezoning request during a council meeting was a
scenario I've never experienced during a council meeting. I apologize for the confusion
and moving forward I will have §414.5 permanently ingrained in my brain. In the event
the situation ever occurs again I will recommend resetting the public hearing to work
with Planning Services on obtaining a written agreement to any conditions from the
relevant property owner(s) prior to the public hearing.
2
cc: Michael C. Van Milligen, City Manager
Adrienne N. Breitfelder, City Clerk
Wally Wernimont, Planning Services Manager
Prepared by: Wally Wernimont City Planner Address: City Hall, 50 W. 13th St, Telephone: 589-4210
Return to: Adrienne Breitfelder, City Clerk Address: City Hall, 50 W. 13th St. Telephone: 589-4121
RESOLUTION NO. 235-22
RESOLUTION SETTING A PUBLIC HEARING ON AMENDING TITLE 16 OF THE CITY
OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY
RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED BETWEEN
32ND STREET AND NORTHWEST ARTERIAL (PARCEL 1015276004) AS SHOWN ON
REZONING EXHIBIT A FROM AG AGRICULTURE DISTRICT TO R-1 SINGLE-FAMILY
RESIDENTIAL WITH CONDITIONS
Whereas, on June 6, 2022, the City Council during a public hearing on rezoning the
property located between 32nd Street and Northwest Arterial (Parcel 1015276004) from AG
Agricultural to R-1 Single -Family and R-4 Multi -Family Residential approved a motion to
separate the rezonings into two ordinances; and
Whereas, on June 6, 2022, the City Council during a public hearing approved a
motion to require a traffic study as a condition of rezoning the portion of the property from
AG Agriculture to R-1 Single -Family Residential; and
Whereas, pursuant to the Iowa Code Section 414.5, and as a condition of rezoning
of the property, the property owner must agree to conditions in writing prior to a public
hearing; and
Whereas, a public hearing is required for rezoning of the property.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
A public hearing will be held on the 5th day of July, 2022, at 6:30 p.m. in the Historic
Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa, at
which time interested persons may appear and be heard for or against to rezone property
located between 32°d Street and Northwest Arterial (Parcel 1015276004) as shown on
Resolution No. - 22
Page 2
Rezoning Exhibit A from AG Agricultural to R-1 Single -Family Residential with conditions to
allow for a single-family residential development, and the City Clerk be and is hereby
directed to cause the attached notice of the time and place of such hearing to be published
in a newspaper having general circulation in the City of Dubuque, Iowa.
Passed, approved, and adopted this 20u day of June 2022.
Attest:
Adrienne Breitfelder, City Clerk
,r,J t. Cavanagh, May]
CITY OF DUBUQUE, IOWA
OFFICIAL NOTICE
PUBLIC NOTICE is hereby given that the following public hearing of the Dubuque City
Council, has been scheduled for the 5t" day of July, 2022, at 6:30 p.m., in the Historic
Federal Building, 350 W. 6t" Street, 2nd floor, Dubuque, Iowa, on the following:
REZONING
To rezone property located between 32nd Street and Northwest Arterial (Parcel
1015276004) as shown on Rezoning Exhibit A from AG Agriculture District to R-1 Single -
Family Residential with Conditions to allow for a single-family residential development.
At the meeting, the City Council will receive oral and written comments from any resident
or property owner of said City to the above action. The official agenda will be posted the
Friday before the meeting and will contain public input options. The City Council agenda
can be accessed at https://cityofdubuque.novusagenda.com/AgendaPublic/ or by
contacting the City Clerk's Office at 563-589-4100, ctyclerk@cityofdubuque.org.
Written comments regarding the above public hearings may be submitted to the City
Clerk's Office via email at ctyclerk@cityofdubuque.org or by mail to City Clerk's Office,
City Hall, 50 W. 13t" St., Dubuque, IA 52001, before said time of public hearing. At said
time and place of public hearings the City Council will receive any written comments.
Copies of supporting documents for the public hearings are on file in the City Clerk's
Office and may be viewed Monday through Friday between 8:00 a.m. and 5:00 p.m.
Individuals with limited English proficiency, vision, hearing, or speech impairments
requiring special assistance should contact the City Clerk's Office at (563) 589-4100, TDD
(563) 690-6678, ctyclerk@cityofdubuque.org as soon as feasible. Deaf or hard -of -hearing
individuals can use Relay Iowa by dialing 711 or (800) 735-2942.
Trish L. Gleason
Assistant City Clerk
REZONING EXHIBIT A
MOZENA FARM
DUBUQUE, DUBUQUE COUNTY, IOWA
PARCELID:1010327012
ZONING: NO INFO AVAILABLE
- PARCEL ID: 1015276004
CURRENT ZONING: AG
PROPOSED ZONING: R-1C
2.33 ACRES
PARCEL ID:
1015276004
ZONING: R-3
ZONING: AG
NW ARSER\P`
PARCELID:1010476002
ZONING: AG
/
/ PARCEL ID: 1015276004 -
CURRENT ZONING: AG
PROPOSED ZONING: R-1C
73.89 ACRES
I IFFAI Y Kiv r
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PARCEL ID:
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32ND ST cr
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2543 W 32ND
1015201022
ZONING: R-1
1015201002 \
R-1
ZONING: R-1I
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ZONING: AG
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2417 W 32ND ST
I 2379 W
2635 W 2615 W ZONING: R-1 32ND ST \
32ND ST 32ND ST ZONING: R-1
ZONING: ZONING: R-1 2467 W N /
R-1 STT437 �2345 W z32ND
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2520 W — O PARCEL ID:
ZONING: R- Y 32ND ST Y 1 32ND ST
—I 1015252001
ZONING: R-1 ZONING: R-1 ZONING: R-1
u MCCLAIN MC�LAIN 2309 W
_ B S11 I SUBDIVISION I 2395 W 32ND ST
ZONING: R-1 ZONIN : R-1 32ND ST ZONING: R-1
O _ ZONING: R-1 2444 W 32ND ST
w - �E ASTRIDG ESTATES
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C° _ 2700 ARBOR HILLS DR
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ZONING: R-1
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PARCEL ID:
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ZONING: R-1
PARCEL ID:
1011326002
ZONING: R-1
PARCEL ID: 1011351003 1
ZONING: R-1
1501W32NDST
ZONING: R-1
1665 W 32ND ST
ZONING: R-1
PARCEL ID:
1015226001
ZONING: AG
1701W32NDST
ZONING: R-1
PARCEL ID:
1014152001
ZONING: R-1
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APPLICANT INFORMATION:
OWNER / APPLICANT: PREPARED BY:
SWITCH HOMES OF DUBUQUE, LLC AXIOM CONSULTANTS, LLC
1167 HUNTERS RIDGE C/O ROB DECKER
DUBUQUE, IA 52003 60 E. COURT STREET, UNIT 3
C/O MATT MULLIGAN IOWA CITY, IOWA 52240
563-227-7132 319-519-6220
MATT@SWITCH-HOMES.COM RDECKER@AXIOM-CON.COM
LEGAL DESCRIPTION:
MOZENA FARM SOUTH AS RECORDED IN BOOK 2005, PAGE 17498 OF THE DUBUQUE COUNTY
RECORDER'S OFFICE
AND
LOT 2 OF DONDELINGER PLACE AS RECORDED IN BOOK 1991, PAGE 11917 OF THE DUBUQUE COUNTY
RECORDER'S OFFICE,
ALL IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA.
ZONING INFORMATION:
CURRENT ZONING:
AG AGRICULTURAL
PROPOSED ZONING:
R-1c SINGLE-FAMILY RESIDENTIAL WITH CONDITIONS, mm
76.22 ACRES
MULTI -FAMILY RESIDENTIAL, N?A=
R-4 3.43 ACRES
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Mar 31, 2022 - 4:01pm S:\PROJECTS\2021\210199\05 Design\Civil-Survey\Plats\210199 - Rezoning Exhibit.dwg