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Klauer Rezoning to R-3Plamdng Services Department city mn 50 West 13ffi Street Dubuque, Iowa 520014854 (5~3) 589-4210 office (563) 589-4221 fax plarming@cityo£dubuque.org September 7, 2001 The Honomble Mayorand City Councit Membem City of Dubuque City Hall- 50W. 13~Street Dubuque, IA 52001 RE: Rezoning Applicant: Roger Klauer Location: Along the East and West Sides of Kebbie Drive Description: To rezone property from R-1 Single-Family Residential District to R-3 Moderate Density Multi-Family Residential 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, stating that the subject property has been on the market for many years and he has not received a credible offer in over 25 years. He felt that the property also is impacted negatively by the close proximity of adjacent commercial structures. Staff reviewed surrounding zoning, land use and past zoning designations applied to the subject property. There were several neighbors who spoke in opposition to the request because of the potential for increasing the volume of traffic on Bies Ddve. The Zoning Advisory Commission discussed the request, noting that the parcel has been zoned for single-family homes for many years, and that neighboring property owners built or purchased their homes based on this knowledge, and to rezone the property to multi-family would adversely impact those neighbors. Recommendation By a vote of 7-0, the Zoning Advisory Commission recommends that the City Council deny the request. A simple majority vote is needed for the City Council to deny the request. A super majority vote is needed for the City Council to approve the request. ER~ge~ecffutly submitted, , Eugene Bird, Jr., Chairperson Zoning Advisory Commission Se3:vlce People Integrity Responsibility Innovation Teamwork Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th Street Telephone: 589-42t0 ORDINANCE NO. -01 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED ALONG KEBBIE DRIVE FROM R-1 SINGLE-FAMILY RESIDENTIAL 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. Appendix A of the Zoning Ordinance of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter described property as shown in Exhibit A, and to the center tine of the adjoining public right-of-way, all in the City of Dubuque, Iowa, from R-1 Single-Family Residential District to R-3 Moderate Density Multi- Family Residential District. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. by law. This ordinance shall take effect immediately upon publication, as provided Passed, approved and adopted this day of ,2001. Attest: Terrance M. Duggan, Mayor Jeanne F.Schneider, City Clerk REZONING STAFF REPORT Zoning Agenda: September 5, 2001 Property Address: Property Owner: Applicant: Six lots along the east and west sides of Kebbie Drive Multiple owners Roger Klauer Proposed Land Use: Multi-Family Residential Proposed Zoning: R-3 Existing Land Use: Vacant/Single-Family Residential Existing Zoning: R-1 Adjacent Land Use: North - Single-Family Residential Adjacent Zoning: North - R-1 East - Commercial/Single-Family Residential East - R-1/C-3 South - Vacant South - R-4 West - Single-Family Residential West - R-1 Former Zoning: 1934 - Single-Family; 1975 - R-2; 1985 - R-1 Total Area: 1.55 acres Property History: The subject property has been vacant for many years except for the property at 1565 Kebbie Drive, which has been developed for a single-family home owned by Julie and Rick Hardorff. Physical Characteristics: The subject property is comprised of six lots that are on either side of Kebbie Drive. The area lies between the single-family homes facing Bies Drive and the commercial building that was formerly the site of the Imperial Lanes Bowing Center. The property generally slopes to the south. Concurrence with Comprehensive Plan: The 1995 Comprehensive Plan did not designate a use for this area. Impact of Request on: Utilities: Existing utilities are adequate to serve the site. Traffic Patterns/Counts: Kebbie Drive is a substandard City street that accesses Daniel Street to the north. Kebbie Drive is classified as a local residential street. There are no traffic counts available. Public Services: Existing public services are adequate to serve the site. Environment: Staff does not anticipate any adverse impact to the environment provided adequate erosion control and storm water control is provided during all phases of development. RE. ZONING STAFF REPORT Page 2 Adjacent Properties: Rezoning the parcel to R-3 Moderate Density Multi-Family Residential would increase the volume of traffic on Kebbie Drive; however, development of the subject property would entail upgrading Kebbie Drive to current city standards. The development of the property would increase the volume of traffic in the neighborhood and eliminate the area as open space. ClP Investments: The City of Dubuque plans to realign Bies Drive and Sylvan Drive near their intersection with Century Drive. The project will create a new three-way intersection that includes eliminating the current'S' curve in Sylvan Drive. Staff Analysis: The applicant is requesting rezoning of the subject property from R-1 Single-Family Residential to R-3 Moderate Density Multi-Family Residential. The property has been vacant for many years even though it has been zoned for Single- Family Residential since at least 1975. The subject parcel adjoins property zoned C-3 and the building that formerly housed Imperial Lanes Bowling Center. The requested rezoning would provide a transition area between the C-3 zoning at the end of Stoneman Road and the R-1 Single-Family Residential zoning along Bies Drive. The six parcels included in the rezoning request are vacant except for one parcel, which is owned by Julie and Rick Hardorff. The Hardorff's have submitted a signed application form to join in the rezoning request with Roger Klauer's children to rezone their parcel as well as the other five parcels to R-3 Moderate Density Multi-Family Residential District. This rezoning request, in addition to the previous request by the same applicant to rezone property to the south to C-3 General Commercial are meant to foster development of this property that, to this date, has not occurred. The property has been available for development for many years, and the applicant feels that the R-1 Single-Family Residential zoning is not appropriate for this property due to its close proximity to C-3 General Commercial property. Planning staff recommends that the Zoning Advisory Commission review Section 6-1.1 of the Zoning Ordinances that establishes criteria for rezoning requests. Prepared by: ~/~ Reviewed: ,(,'/./~ Date: ~/2~/C' / DANIELS ST R-4 R-I R-4 o_3t Proposed area to be rezoned Rezoning ~ Applicant: Roger Klauer Location: Along the east and west sides of Kebbie Drive Description: To rezone property from R-1 Single-Family Residential District to R-3 Multi-Family Residential District. City of Dubuque Planning Services Department Dubuque IA 52001-4864 Phone: 319-589-4210 Fax: 319-589-4149 [] Variance [] Conditional Use Permit ~ Appeal [] Special Exception [] Limited Setback Waiver PLANNING APPLICATION FORM ,,~Rezoning [] Planned Distdct [] Preliminary Plat [] Minor Final Plat [] Text Amendment [] Simple Site Plan o Minor Site Plan u Major Site Plan [] Major Final Plat [] Simple Subdivision [] Annexation u Temporary Use Permit [] Certificate of Appropriateness [] Certificate of Economic Hardship [] Other: PLEASE TYPE OR PRINT LEGIBLY IN INK Property Owner(s): .~-~ ~ ~C.~C.~,.~-~ Address: R3f-~ a.¢ h e' 4 ~he~J¢ Fax Number: Address: ~/~¢~¢ ff~ ~ ~ Fax Number: Site I~fion/address: City: °~ Mobile/Cellular Number: Mobile/Cellular Number: Phone: State: '" Zip: Phone: State: ,.~ Zip: Existing zoning: II~' J Proposed zoning: I~-'% Historic district: Landmark: Legal description (Sidwell Parcel ID number or lot number/block number/subdivision): Total property (lot) area (square feet or acres): Number of lots: .~ (/~) Describe proposal and reason necessary (attach a letter of explanation, if needed): ~'/'~d'~/~ ~_ ~f CERTIFICATION: lave, the undersigned, do hereby certify that: 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 All additional required wdtten and graphic materials are attached. Properb/Owner(~-~ ,(~x ' Ap plicant/Agent: ~,?. ~ ~ Date; Date: FOR OFFICE USE ONLY - APPLICATION SUBMITTAL CHECKLIST Fee: Rece,ved by: 7~.~/~ Date: '~/,~.//~/ Docket: [] Property ownership list ~: Site/sketch p-lan ~/Floor p~an a Plat ' a Conceptual development plan ~ Improvement plans a Design review proje~ description ~ Photo ~ O~er: City of Dubuque Planning Services Depar[ment Dubuque IA 52001-4864 Phone: 319-589-4210 Fax: 319-589-4149 [] Variance [] Conditional Use Permit D Appeal [] Special Exception [] Limited Setback Waiver PLANNING APPLICATION FORM ~(,Rezoning r~ Planned District [] Preliminary Plat [] Minor Final Plat ~ Text Amendment [] Simple Site Plan [] Minor Site Plan [] Major Site Plan [] Major Final Plat [] Simple Subdivision [] Annexation ~ Temporary Use Permit [] Certificate of Appropriateness [2 Certificate of Economic Hardship [] Other: PLEASE TYPE OR PRINT LEGIBLY IN INK Property Owner(s): Address: /,;.4""'~ .i." Fax Number: Mobile/Cellular Number: Phone: ,/ State: ..~"Ot . Zip: Applicant/Agent: Phone: Address: City: State: Zip: Fax Number: Mobile/Cellular Number: Site location/address: ,~i~; ..~,l~ gll,*l,~lo k'~ /~'~.~,l~i~, ~ Existing zoning: ~ ~ Proposed zoning: ~ ] Histodc dist~ct: Landmark: Legal description (Sidwell Pardi ID number or lot number/block numar/subdivision): Total prope~ 0ot) area (square feet or acres): /0 e ~ ~2 ~ Number of Io~: ~ Describe proposal and reason neces~ (a~ach a teEer of explana~on, if needed): ~ ~ CERTIFICATION: I/we, the undersigned, do hereby certify that: becomes public record; 2. Fees are not refundable and payment does not guarantee approval; and 3. Alt additional required written and graphic matadats ~)re attached. ~, Applicant/Agent: The information submitted herein is true and correct to the best of my/our knowledge and upon submittal Date:~~_ Date: FOR OFFICE USE.~/~.~ - AP. BLICATION SUBMrrrAL CHECKLIST Fee: Received by: ~'~/~/'/~--~-- Date: "~/..?o/e>,F Docket: [] Property ownership list r~ Site/sketch plan 'u/Floor plan [] Plat [] Conceptual development plan r~ Improvement ptans [] Design review project description [] Photo ~2 Other: R-4 DANIELS ST R-1 R-4 C-3 ~ Proposed area to be rezoned Rezoning Request~ Applicant: Roger Klauer Location: Along the east and west sides of Kebbie Drive Description: To rezone property from R-1 Single-Family Residential District to R-3 Multi-Family Residential District.