Stewart rezone 8000 Old HighwyPlan~2g Set~ces Depatt~mt
City Hall
50 West 13th Street
D~buque, Iowa 52001~64
(563) 589-4210 office
(563) 589-4221 fax
planning~cnltyofdubuque.o~g
June 13, 2001
The Honorable Mayor and City Coundl Membem
City of Dubuque
City Hall-50W. 13th Street
Dubuque IA 52001
RE: Rezoning
Applicant:
Location:
Description:
Wayne & Lynn Stewart
8000 Old Highway Road (Southwest Corner of Old Highway Road and
Seippel Road)
To rezone property from County R-1 Rural Residential District to City R-1
Single-Family Residential District (in conjunction with annexation).
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, noting that the rezomng is part of the
annexing of the subject property into the city of Dubuque. Staff reviewed the
surrounding land use and zoning, and noted that the rezoning would apply similar zoning
to the property that it enjoys in the county. No one spoke in opposition to the rezoning.
The Zoning Advisory Commission discussed the request, noting that the surrounding
area is a mixture of residential and industrial uses. The Commission determined that the
request would not adversely impact adjacent property.
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,
Eugene Bird, Jr., Chairperson
Zoning Advisory Commission
Attachments
Prepared by: Laura Carstens~ City Planner Address: City Hall, 50 W. 13th Street Telephone: 589-4210
ORDINANCE NO. 33 -01
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE} OF THE CITY OF
DUBUQUE CODE OF ORDINANCES, BY RECLASSIFYING HEREINAFTER DESCRIBED
PROPERTY LOCATED AT 8000 OLD HIGHWAY ROAD FROM DUBUQUE COUNTY R-1
RURAL RESIDENTIAL DISTRICT TO CITY OF DUBUQUE R-1 SINGLE-FAMiLY RESIDENTIAL
DISTRICT, CONCURRENT WITH ANNEXATION.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE.
IOWA:
Whereas, Wayne and Lynn Stewart, 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 (the 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 R-1 Single-Family Residential District, to wit:
Lot 2, except the west 20 acres thereof, of Mason Cate Estates, 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.
and at such time that the herein described property is legally annexed into the City of Dubuque, Iowa.
Passed, approved and adopted this18th day of ]une, 2001.
Terrance M. Duggan, Mayor
Attest:
Jeanne F Schneider, City Clerk
City of Dubuque
Planning Services Department
Dubuque IA 5;~001-4864
Phone: 319-$8~-4210
Fax: $19-589-414S
[] Variance
~ Conditior~l Use Permit
[] Appeal
~ Special Exception
~ Limited Setback Waiver
PLANNING APPLICATION FORM
~ezoning
Planned District
Preliminary Plat
Minor Final Plat
Text Amendment
r- Simple Site Plan
r- Minor Site Plan
[] Major Site Plan
~ Major Final Plat
D Simpte Subdivision
[] Annexation
r~ Temporary Usa Permit
[] Certificate of Appropriateness
n Certificate of Econamic Hardship
r~ Other:
PLEASE TYPE OR PRINT LEG BLY N INK
,X' Property. Owner(s)'.. VVI~YAig
~ Fax Number: ~) 0~- ~ ?a Mobil~Cellu,ar Number:
ApplJ~nFAgent:
/ZL zip:
Phone:
Address: City: State; Zip;
Fax Number: Mobile/Cellular Number:
8ltelocationladdress: 5~.J~'~_¢--~L- ~--~-~-,, ~. ~1~ ~~
[xisting [o.ing: ~,opoeed zoning: ~-I (~) Histo~c .JstrioL ~
Le~af descripJion (8Jdw~il Pi~Jl ID numbe~ or lot num~r/blo~ num~r/~bdivJBion):
Total property (lot) area (square feet or acres):
Number of lots: I
Describe propcee] and reason necessar) (attach a letter of explanation, if neededt:
CERTIFICATION: I/we, the undersigned, do flereby certify that:
becomes public record;
2. Fees are not refundable and payment does not guarantee approval: eno
3. All additional required writte~n and g_raphi_~7,.-matedals are attached.
~' Property Owner( ~ ~
ApplicantfAgent:
The information submitted herein is true aha correct to ~e best of my/our know~edge and upon submittal
Date:
FOR OFFICE USE ON~X '..,AP~i.I~'ATION SUBMITTAL CHECKLIST
Do.et:
d Prope~ ~mhip list B SitCske~h plan D~oor plan u Plat u Conceptual developmen~ plan
D Improvement plans D Design ~view proje~ ~ri~on ~ Pho~ ~ ~her:
May 4, 2001
Honorable Mayor and City Council
50 West 13 Street
Dubuque, IA 52001-4845
Re: Pa~lu~t for Voluntary Annexation
Dear Mr. Mayor and Council Members:
Wayne and Lyim Stmnm~ as ow~rs ofihe subject prapeny, are requiting annexation to
the City of Dubuque. This p~perty is located at the southv~st comer of S~ippel Road
and Oki Highway Itel, ~ly adjaeem to tlw em'rent corporate limits of the
of Dubs, ami comains 25 aea'~ mora or less. The pwp~ty is currently zoned R-1
Rural Residential Distfiot by Dubuque County.
Ann~ation to the City of Dulmq~ is requested and sab~lueat zoning m th~ R~I Single-
Family Resid~n~al Distriot, with conditions th~ the keeping of horses be allowed. The
prol~ is pmpos~ to be subdivid~ into 5 lots, of appro~ 4 acres each. The lois
wil! be servtxt by ~ City of Duimq~ water system, which is now available at th~ site,
and individ~ on-site septic lank svwag~ disposal systems. A sanitary sewer system will
bc commoacted at the time of development so that connection can be ma~ to lt~ City of
Dubuque sanilmy sewe~ system when it becomes availablo to this Imapc~.
Th~ property is oua'eatly in th~ ~ of being platted and the desorlptiun of the
prol~W for annzxz~n will b~ Lot 2 of 2, Mason Cate ~ Dubuqu~ County, Iowa.
Sinc~ly~
Wayne Stemart
N
County M-1
Coun~ R-1
R-2
C-t
Area to be annexed.
c~
APPLICANT:
LOCATION:
PROPOSAL:
City Boundary
Wayne & Lynn Stewart
8000 Old Highway Road (Southwest
Comer of Old Highway Road and Seippel Road)
To rezone property from County R-1
Single-Family Residential District to
City R-1 Single-Family Residential District
(in conjunction with annexation).
REZONING STAFF REPORT Zoning Agenda: June 6, 2001
Property Address:
Property Owner:
Applicant:
8000 Old Highway Road
Wayne and Lynn Stewart
Wayne and Lynn Stewart
Proposed Land Use: Residential
Proposed Zoning: R-1
Existing Land Use: Vacant
Existing Zoning: County R-1
Adjacent Land Use:
North - Single-Family Adjacent Zoning: North - County R-1
Residential
East - Single-Family Residential East - City AG
South - Single-Family Residential South - County R-1
West - Vacant West - County M-1
Former Zoning:
1934 - County; 1975 -County; 1985 - County Total Area: 25 acres
Property History: The subject property has been used for agricultural purposes for
many decades. In 1999, Mr. Stewart requested annexation and rezoning to modified
heavy industrial and light industrial districts concurrent with an annexation request. Mr.
Stewart ultimately withdrew that request.
Physical Characteristics: The subject property is vacant farmland with frontage on
both Old Highway Road and Seippel Road. The topography is rolling and drains to the
southwest.
Concurrence with Comprehensive Plan: The 1995 Comprehensive Plan and Future
Land Use Map did not identify the subject property as a potential growth area.
However, the subject property was included in Area IV of the 1997-1998 Annexation
Study.
Impact of Request on:
Utilities: The property can be adequately served by a 12" water main along the
new alignment for Seippel Road. An 8" sanitary sewer line interceptor is
approximately one mile away at this time.
Traffic Patterns/Counts: The subject property has frontage on both Old Highway
Road and Seippel Road. Average daily traffic counts for 1997 are 2,270 for Old
Highway Road and approximately 1,500 for Seippel Road at its intersection with
Old Highway Road.
REZONING STAFF REPORT Page 2
Public Services: Response time for City police, fire and emergency services will
be the same as or less than response times of County and volunteer services. The
City has identified that an additional or relocated fire station may be needed in the
future as the community develops to the west. The City also has identified that
annexation would require an additional snow removal route, which was put into
affect this past winter.
Environment: Staff does not anticipate any adverse impact to the environment
provided adequate erosion control is provided dudng all phases of construction.
Adjacent Properties: Development of the subject parcel for single-family homes
will have very little impact on adjacent property because of the Iow development
density and small increase in the volume of vehicle trips.
CIP Investments: The City has completed extension of a 12' water main along
Seippel Road and has completed the extension of an 8" sanitary sewer interceptor
to a point that is approximately one mile southeast of the subject property.
Staff Analysis: Wayne and Lynn Stewart aro requesting annexation and rezoning of a
25-acre pamel from County R-1 Rural Residential District to City R-1 Single-Family
Residential District. The subject property is on the southwest comer of Old Highway
Road and Seippel Road.
The subject property is included in the City's Annexation Study as part of Area 4. Area
4 is comprised of a total of 530 acres. The annexation study proposes approximately
424 acres of Area 4 for industrial development, while the balance, 106 acres was
designated for park and open space. The majority of the proposed industrial
development was in property purchased by the City of Dubuque for future industrial
park on either side of the new Seippel Road.
The subject property is bordered by existing single-family homes on the north side of
Old Highway Road, with sporadic single-family homes located to the south of the
subject parcel, Access to the site will be from a new road constructed off of Old
Highway Road. The Zoning Advisory Commission is also reviewing a preliminary plat
at the June 6 meeting, along with this rezoning request. This rezoning request is being
made in conjunction with an annexation request for the subject 25 acres.
The Stewarts have platted only five lots on the 25 acres, in order to provide sufficient
property for the keeping of a horse or two by each of the property owners. The private
covenants that will be drawn up will provide for the keeping of horses on the property.
The Planning Services staff have also drafted a proposed amendment to the City's
Zoning Ordinance to allow the keeping of horses on R-1 Single-Family lots as an
accessory use, provided certain conditions in terms of lot area and shelter are complied
with.
REZONING STAFF REPORT Page 3
Staff believes that this proposed rezoning of the 25-acres to R-1 Single-Family
Residential, while not specifically provided for in the 1995 Comprehensive Plan nor the
1997 Annexation Study, is consistent with the surrounding land use.
Staff recommends that the Zoning Advisory Commission review Section 6-1.1 of the
Zoning Ordinance that establishes criteria for reviewing the rezoning requests.
Preparedby: '~"ll~ Reviewed: ./,~ Date: