Arboretum Drive_NW Arterial Request to RezonePlanning Services Department
City Hall
50 West 13~ Street
Dubuque, IA 52001-4864
(563) 589-4210 phone
(563) 589-4221 fax
(563) 690-6678 TDD
planning@cityofdubuque.org
THE CITY OF DUbUQU@
DUB E
Masterpiece on the Mississippi I (I I
zoos
January 4, 2008
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque IA 52001
Rezoning
Applicant: Mike Felderman
Location: Northeast Corner of the Northwest Arterial and Arboretum Drive
Description: To rezone property from AG Agricultural District to R-1 Single-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, Mike Felderman, 2380 Samantha Drive, spoke in favor of his rezoning
request.
Staff Member Hemenway reviewed the staff report. He noted surrounding zoning and
land use, size and topography of the parcel and the adjacent street system. He noted
that access would be taken from Arboretum Drive and that any access from the
Northwest Arterial would have to be approved by the City Council.
Commissioner Stiles asked about the number of access points. Staff Member
Hemenway said that the property is to be subdivided into three lots, all which will have
access onto the paved portion of Arboretum Drive.
There were no public comments.
The Zoning Advisory Commission discussed the request and felt it was appropriate.
Recommendation
By a vote of 5 to 0 the Zoning Advisory Commission recommends that the City Council
approves the request as submitted.
Service People Integrity Responsibility Innovation
The Honorable Mayor and City Council Members
Rezoning -Mike Felderman
Page 2
A simple majority vote is needed for the City Council to approve the request.
Respectfully submitted,
Eugene Bird Jr., Chairperson
Zoning Advisory Commission
F:\USERSU(munson\WP\City Council\CC 01_21_071Rezoning Arbon;tum Drive (Felderman) CC Rr 01_21_07.doc
Service People Integrity Responsibility Innovation Teamwork
Prepared 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. 13 Sit Telephone: 589-4121
ORDINANCE NO. 2-08
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY
OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED ON THE EAST SIDE OF ARBORETUM DRIVE
FROM AG AGRICULTURAL DISTRICT TO R-1 SINGLE-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 AG
Agricultural District to R-1 Single-Family Residential District to wit:
Lot B Breven Place, and to the centerline 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 22nd day of January, 2008.
Ric,W. Jones, Mayro Pro-Tem
Attest:
Jeanne F. Schneider, City Clerk
City of Dubuque
THE CITY OF Planning Services Department
DUB E Dubuque, IA 52001-4864
°~''``'"~- Phone: 563-589-4210
G~ U ~G Fax: 563-589-4221
PLANNING APPLICATION FORM
^ Variance Rezoning ^ Simple Site Plan ^ Annexation
OConditional Use Permit ^ Planned District ^ Minor Site Plan ^Temporary Use Permit
^Appeal ^ Preliminary Plat ^ Major Site Plan ^ Certificate of Economic Nona/iability
^ Special Exception ^ Minor Final Plat ^ Major Fnal Plat ^ Certificate of Appropriateness
^ Limited Setback Waiver ^Text Amendment ^ Simple Subdivision ^ Other:
Please tune or print legibly in ink
Property owner(s): r~ ~k~ ~a~~~,~e~ w~ ~>,ti Phone:, 5 ~'' ~ ~ ~ 3 7 Z
Address: Z 3 ~i ~ -S~-~u~rL~ City: ~Dv.~v,a•.~ State:iA Zip: S-zoCL
Fax Number:
Mobile/Cellular Number:
Applicant/Agent: Suy,,,_,~ Phone:
Address:
Fax Number:
City:
State: Zip:
Mobile/Cellular Number:
Site location/address: A c~.~ ~. cF ~.. ~ -{-~~ Ar~o~ eJ~~,~Y..~-. ~ ~bv~~.*~.
Existing zoning: i~ Proposed zoning: Historic District: Landmark:
Legal Description (Bidwell parcel ID# or lot number/block number/subdivision):
Lc~~- `~Bn ~feytti,. ~Iatt
Total property (lot) area (square feet or acres): 1- ~ c~:-t
Describe proposal and reason npec_essary (attach a letter of explanation, if needed):
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;
2. Fees are not refundable and payment does not guarantee approval; and
3. All additional required rwritte(n~ and graphic materials are attached.
Property Owner(s): ~-3~ ~J~.~--~ -~-~~L~--~.--~~~ Date: !!~i 9 / 0 7
Applicant/Agent: Date:
FOR OFFICE USE ONj. - APPL N SUBMITTAL CHECKLIST
~7
Fee: / ~/ ~• ~ ~ Received by: ~ Date: ~~ v?/ C~ Docket:
^ Site/sketch plan ^ Conceptual Dev pment Plan ^ Photo ^ Plat
^ Improvement plans ^ Design review project description ^ Floor plan ^ Other:
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REZONING STAFF REPORT Zoning Agenda: January 2, 2008
Property Address: Northeast corner Northwest Arterial and Arboretum Drive
Property Owner: Michael Felderman
Applicant: Same
Proposed Land Use: Residential
Existing Land Use: Vacant
Adjacent Land Use: North -Park
Former Zoning:
East -Right-of-way
South - Right-of-way
West -Residential
1934 -County AG
1975 -County AG
1985 -City AG
Total Area:10 Acres
Property History: The property has always been wooded and undeveloped. The
property was annexed to the City as part of the Marshall Park Annexation. A portion of
the property was purchased for the realignment for the extension of the Northwest
Arterial Phase 4. The property was subsequently purchased from the Iowa Department
of Transportation.
Physical Characteristics: The property is approximately 10 acres in size and bordered
on the west by the platted and partially paved Arboretum Drive, on the south and east
by the right-of-way for the Northwest Arterial and on the north by Marshall Park. The
property has approximately 400 feet of frontage along the paved portion of Arboretum
Drive and 1,000 feet of frontage along the Northwest Arterial. The property is heavily
wooded and steeply sloped and drops approximately 90 feet from its high point along
Arboretum Drive to its low point at the northeast corner of the property. A wooded
ravine bisects the property.
Concurrence with Comprehensive Plan: The Comprehensive Plan calls for this area
to remain open space.
Impact of Request on:
Proposed Zoning: R-1
Existing Zoning: AG
Adjacent Zoning: North - AG
East - AG
South - AG
West - R-3
Utilities: Existing utilities are adequate to serve the site.
Rezoning Staff Report -Northeast corner Northwest Arterial and Arboretum Drive
Page 2
Traffic Patterns/Counts: Traffic counts in excess of 10,000 vehicle trips a day are
located along the Northwest Arterial adjacent to the subject property. However, it is
highly unlikely that access would be granted from this property directly onto the
Northwest Arterial. IDOT average daily traffic counts for 2005 state that there are
approximately 8,300 vehicle trips per day along West 32"d Street near its
intersection with Arboretum Drive approximately 900 feet from the subject property.
Development of this property for single-family residential housing should have very
limited impact on the overall traffic in the neighborhood.
Public Services: City water and sewer are available directly adjacent to the subject
property along Arboretum Drive. Because of the topography of the site, a lift
station may be necessary for the sanitary sewer. Also, due to the severe
topography of the site, development of the property may require storm water
management measures.
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.
Adjacent Properties: Development of the property for single-family residential use
should have very limited impact on the adjacent residentially zoned properties,
Marshall Park or the Northwest~Arterial right-of-way.
CIP Investments: None proposed.
Staff Analysis: The applicant is proposing to rezone an approximately 10 acre
triangularly shaped lot located at the corner of the platted Arboretum Drive and
Northwest Arterial from AG Agricultural to R-1 Single-Family Residential. The property
is currently heavily wooded, steeply sloped and bisected by a ravine. The property has
approximately 100 feet of local grade change. The property's high point is located
along Arboretum Drive and it drops into a valley to the northeast. The property has
approximately 800 feet of frontage along Arboretum Drive; however, only about 400
feet of that is directly adjacent to the paved portion of the street. The balance of the
Arboretum Drive platted right of way likely will not be improved. The property also has
approximately 1,000 feet of frontage along the Northwest Arterial; however, access to
the Northwest Arterial is not being requested and, if requested, would require City
Council approval.
The property abuts single and multi-family residentially zoned property, the Northwest
Arterial right-of-way, and Marshall Park. Because of the property's severe topography,
it is unlikely that a large number of residential lots would be developed. Development of
this property for single-family residential use should have very limited impact on
Rezoning Staff Report -Northeast corner Northwest Arterial and Arboretum Drive
Page 3
adjacent properties. It is the intention of the property owner to develop this property for
two to three building lots.
City water and sewer are available to the property; however, a lift station may be
necessary to service the lower portions of the lot.
Staff recommends the Commission review the criteria established in Section 6-1.1
regarding rezoning.
Prepared by: Cs~M~~..~1 Reviewed: ~ Date: /i?•~/•07
SECTION 3. DISTRICT REGULATIONS
3.1. Residential Districts:
3-1.1. R-1 Single-Family Residential District:
(A) General Purpose And Description: The R-1 District is the most restrictive residential district.
The principal use of land in this district is for low density single-family dwellings. and related
recreational, religious and educational facilities normally required to service the residents
within the district. Low density residential areas shall be protected from higher density
residential development and from the encroachment of incompatible uses.
(B) Principal Permitted Uses: The following uses shall be permitted in the R-1 District:
(1) Single-family residential dwelling (detached)-[11].
(2) Churches, convents and monasteries-[7].
(3) Cemeteries, mausoleums and columbariums-[47].
(4) Public and private/parochial schools approved by Iowa State Board of Public Instruction
(5) Public or private parks, golf courses, or similar natural recreation areas-[47].
(6) Railroads and public or quasi-public utilities including substations-[47].
(7) Noncommercial nurseries and gardens-[N/A].
(C) Accessory Uses: The following uses shall be permitted as accessory uses as provided in
Section 4 of this Ordinance:
(1) Attached garages.
(2) Detached garages.
(3) Noncommercial greenhouses.
(4) Solar collectors.
(5) Wind generators.
(6) Satellite receiving dishes.
(7) Storage buildings.
(8} Readily moveable sports, recreation; or outdoor cooking equipment.
(9) Tennis courts, swimming pools and similar permanent facilities.
(10) Home occupations.
(11) Noncommercial gardens and nurseries.
(12) Off street parking and storage of vehicles.
(13) Fences.
(14) Garage sales or rummage sales provided that not more than three (3) such sales shall be
allowed per premises per calendar year and not more than three (3) consecutive days per sale.
(D) Conditional Uses: The following conditional uses are permitted in the R-1 district, subject to
the provisions of section 5 of this ordinance and are the minimum requirements for
application to the board of adjustment for a conditional use permit:
(1) Bed and breakfast home, provided that:
(a) The structure is either regulated by the historic preservation ordinance or is listed on
the national register of historic places;
(b) The use is maintained within anowner-occupied, single- family dwelling;
(c) The structure has a minimum total floor area of four thousand five hundred (4,500)
square feet, with not more than one sleeping room for each seven hundred fifty (750)
square feet of floor area, with a maximum of three (3) sleeping rooms;
(d) Signage shall be limited to one wall mounted sign not to exceed six (6) square feet in
area, not internally illuminated, and with direct lighting only with a sharp cutoff
luminance;
(e) The permit shall not license the property for rental as a private club, museum, or tour
home; and
(f) Parking shall be provided at a rate of one space per guest room. The parking shall be
provided on site or on a street frontage of the property, and should not intensify parking
problems in the neighborhood.
(2) Group daycare center provided that:
(a) Forty (40) square feet of indoor floor area (excluding halls and bathrooms) is provided
per child in areas occupied by cribs, thirty five (35) square feet of indoor area (excluding
halls and bathrooms) is provided per child in areas not occupied by cribs times the
licensed capacity; and seventy five (75) square feet of fenced outdoor recreation space is
provided per child using the space at a given time;
(b) The parking group requirements can be met-[8] 1;
(c) Such facility shall supply loading and unloading of children so as not to obstruct
public streets or create traffic or safety hazards;
(d) All licenses have been issued or have been applied for awaiting the outcome of the
board's decision; and
(e} Signage shall be limited to one nonilluminated, wall mounted sign not to exceed four
(4) square feet in area.
(3) Off street parking of operable automobiles to serve a permitted or conditional use in an
abutting office, commercial (except C-1 district), institutional district or adjacent to churches
or schools only, provided that:
(a) No structure other than a screening or security fence or wall shall be erected on the
premises;
(b) Signage shall be limited to one freestanding sign of no more than six (6) square feet in
size per drive opening, identifying the parking use, providing directions or marking
entrances and exits thereto;
(c) A site plan shall be submitted and approved as provided in section 4 of this ordinance.
(4) Keeping of horses or ponies provided that:
(a) A minimum of two (2) acres of property is available for the first animal;
(b) A minimum of 1.5 acres of additional property is available for an additional animal,
up to a maximum of two (2) animals; and
(c) A shelter of at least one hundred fifty (150) square feet and enclosed on at least three
(3) sides shall be provided on the property.
(E) Temporary Uses: The following uses shall be permitted as temporary uses in the R-1 district:
(1) Building or trailer for storage of materials and/or equipment necessary for construction
authorized by a valid building permit, provided the location of the building or trailer has been
approved by the building official.
(F) Bulk regulations:
Front Yard Setbacks
R-1 DISTRICT
BULK REGULATIONS
Permitted Uses
Single-family residential
Church
(see section 2-5.10)
Conditional Uses
Nursery school/day care
Lot Area
In Square Lot
Feet Frontage
x 1,000 In Feet
5 50
20 100
6 60
40 20 50 6 20
40 20 20 20
40 20 6 20
(G) Parking Requirements: See section 4-2 of this ordinance.
Coverage Rear Yard
As % Side Yard Setback
Lot Area Min. Max. Setback % Depth
Building
Height In
Feet
30
30
30
(H) Signs: See section 4-3 of this ordinance.