Timber Hyrst Estates Request to Rezone Creek Wood Dr.Planning Services Department
City Hall
50 West 13~ Street
Dubuque, IA 52001-4864
(563) 589-4210 phone
(563) 589-4221 fax
(563) 690-6678 TDD
planningQcit~ofdubuque.org
THE CITY OF Dubuque
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February 25, 2008
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque IA 52001
Applicant: Martin McNamer/NCR Developers LLC
Location: Creek Wood Drive (Lot 3 Timber-Hyrst Estates-Phase II)
Description: To rezone property from R-3 Moderate Density Multi-Family Residential to
C-2 Neighborhood Shopping Center 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
Terry Mozena, 1036 W. 3`~ Street, represented the applicant, Marty McNamer/NCR
Developers, LLC. He explained that the request is to rezone Lot 3 Timber-Hyrst
Estates-Phase II from R-3 to C-2. He explained that the property will provide
amenities to the expanding residential subdivision. Mr. Mozena said that the property
will be a community development gathering place for the residential area.
Staff Member Kritz presented the staff report. He referred to the Plat of Timber-Hyrst
Estates-Phase II. He explained that the applicant is proposing to rezone the property
to C-2 in order to provide services to the residential subdivision. He explained that
typically, C-2 zoning is adjacent to residential property. He explained the permitted
uses that are allowed in a C-2 zoning district.
There were no public comments.
The Zoning Advisory Commission discussed the request. They noted that having
commercial business in the area would be a neighborhood amenity. They noted that
given the size of the property, it will limit the number of uses that could actually locate
on the approximately'/ acre parcel.
Commissioner Stiles referred to a list of permitted uses. The Commission discussed
that the gas station would be the only negative impact at this location.
Service People Integrity Responsibility Innovation
The Honorable Mayor and City Council Members
Page 2
Recommendation
By a vote of 4 to 0 the Zoning Advisory Commission recommends that the City Council
approve the request, with the condition that automated gas station and gas station be
removed from the list of permitted uses.
A simple majority vote is needed for the City Council to approve the request.
Respectfully submitted,
Eugedne Bird Jr., Chairperson
Zoning Advisory Commission
Attachments
F:\USERSUCmunson\WP1City Council\CC 02_78_08\Creek Wood Drnre Rezoning (MciVamer) CC Rr 02_05_OS.doc
Service People Integrity Responsibility Innovation Teamwork
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DUB E
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City of Dubuque
Planning Services Department
Dubuque, IA 52001-4864
Phone:563-589-4210
Fax: 563-589-14221
PLANNING APPLICATION FORM
^ Variance [Rezoning
^Condltlonal Use Permit ^Planned District
[aAppeal []Preliminary Plat
^Spetlal Exception ^Minor Fnal Plat
^Limited Setback waiver ^T~ctAmendment
^Simple Site Plan []Annexatlon
^Mlnor Slte Plan ^Temporary Use Perrnlt
^ Major Site Plan ^Certlflcate of Economic Non•Viability
^ Major Final Plat ^CertlRcate of Appropriateness
^Simple Subdivision ^Other:
Pie se De or nrint lealbly in ink
Property owner(s): North Cascade Road Developers, LLC phone: 563-582-5762
Address; 5070 Wolff Road Gty: Dubuque State:~2lp: 52 02
Fax Number: 563-582-5889 Mobile/Cellular Number; 563-590-2173
Appllcant/Agent: Martin J. McNamer Phone: 563-582-5762
Address: 5070 Wolff Road ~;ty; Dubuque 5~~; IA Zjp; 52002
Fax Number; 563-582-5889
Site location/address: Lot 3 of Timber-
Mobile/Cellular Number: 563-590-2173
st Estates - Phase II
Existing zoning: ~- 3 Proposed zoning: C-a' Historic District: Landmark:
Legal Description (Bidwell parcel ID# or lot number/block number/subdivision): ~ 7~~ ~ ~~~'~ k 't c~. ~~ ~ r
Lot 3 of TImber-Hyrst Estates -Phase II
Total property (lot) area (square feet or acres): 28 , 228 sq . f t .
Describe proposal and reason necessary (attach a letter of explanation, If needed):
To all for residential. tvpe coffee shoe, dry cleaning pick up.
Restrictive covenants will ap ly
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 bemmes public record;
2, Fees are not refundable and payment does not guarantee approval; and
3. All additional required written and graphic materials are attached.
r----~
Properly0wner(s): -,Date: December 14, 2007
Applicant/Agent: paw; December 14, 2007
POR OFFICE USE O/NL~Y/- APPL CAtION SUBMITTAL CHECKLIST
Fee Received by, _~~~~- ~ . -Date: / ~ • / G 7 Docket:
^Site/sketch plan ^ Conceptual Deve opment Plan ^Photo ^Plat
^Improvement plans ^Design review project description ^Floor plan []Ot#ter:
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REZONING STAFF REPORT
Zoning Agenda: February 6, 2008
Property Address: Lot 3 Timber-Hyrst Estates Phase 2
Property Owner: Martin McNamer/NCR Developers, LLC
Applicant: Same
Proposed Land Use: Commercial
Existing Land Use: Vacant
Adjacent Land Use: North -Vacant
East -Vacant
South - Vacant/Agricultural
West - Vacant/Agricultural
Proposed Zoning: C-2
Existing Zoning: R-3
Adjacent Zoning: North - R-3
East - R-3
South -County Agricultural
West - R-3
Former Zoning: 1934 -County AG Total Area: 28,228 sq. ft.
1975 -County AG
1985 -County AG
Property History: A portion of the property was vacant and a portion was under
cultivation in the County until its annexation to the City in June of 2006. A portion of
the property has been preliminarily graded as part of Timber-Hyrst Estates Phase II.
Physical Characteristics: The property is slightly over one half acre in area with 175 feet
of frontage along Creek Wood Drive and an average depth of 160 feet. The property
has some level area along Creek Wood Drive but slopes steeply to the south
terminating in a bluff edge above the south fork of Catfish Creek
Concurrence with Comprehensive Plan: The Comprehensive Plan calls for this area
to be mixed residential use. The Comprehensive Plan encourages the concept of
mixed use develop to create diverse and self-sufficient,neighborhoods. The
Comprehensive Plan also encourages creation of opportunities for neighborhood
commercial centers to assure compatibility with residential property.
Impact of Request on:
Utilities: Existing utilities will be extended to this area with the development of
Timber-Hyrst Estates Phase 2 and will be adequate to serve the site.
Traffic Patterns/Counts: The rezoning of this property should generate very little
additional traffic. However, the traffic will have to gain access to this site through
Timber-Hyrst Phase 1, which is asingle-family residential neighborhood.
Rezoning Staff Report -Timber-Hyrst Estates Phase 2 Page 2
Public Services: Public services will be extended to this site as part of
development of the Timber-Hyrst Estates Phase 2 and will be adequate to serve
this 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.
Adjacent Properties: The C-2 Neighborhood Commercial District allows for low to
moderate intensity commercial development. The adjacent properties are zoned
R-3 which permits residential development from asingle-family home to a six-plex.
The C-2 property will have to be screened from adjacent residential lots and,
therefore, should have limited impact on the adjacent properties.
CIP Investments: None proposed.
Staff Analysis: The applicant is proposing to rezone Lot 3 of Timber-Hyrst Estates
Phase 2 from R-3 Moderate Density Multi-Family development to C-2 Neighborhood
Shopping Center District. Currently, the subject property and all adjacent properties are
vacant and are being developed as part of the second phase of Timber-Hyrst Estates
Subdivision. The adjacent properties are zoned R-3 and can be developed for single-
family homes, duplexes or multi-family structures up to six units.
The applicant has completed platting and begun development on Timber-Hyrst Estates
Phase 1 which is asingle-family residential development with 31 lots, most of which are
currently undeveloped. The subject property is located in Timber-Hyrst Estates Phase
2 which consists of 49 lots that are zoned R-3 Multi-Family Residential zoning district,
and accessed from an extension of Creekwood Drive. The subject property has a
single access and is approximately 4,000 feet from the intersection of Creek Wood
Drive and Manson Road, and in excess of a mile from Kelly Lane, which is the
secondary access.
The subject property has approximately 175 feet of frontage along Creekwood Drive
and averages approximately 160 feet in depth. The subject property is situated in a
draw, with the high portion of the lot at the northwest corner dropping approximately 50
feet in elevation to the southeast corner of the property. The property is situated on a
bluff edge that overlooks the south fork of the Catfish Creek, which lies approximately
70 feet below the back property line. No portion of the property lies in the Catfish Creek
flood plain.
The applicant is proposing to rezone the property to C-2 Neighborhood Commercial
zoning district to site a small neighborhood commercial development at this location, as
the nearest commercial services are quite remote. The applicant stated that the retail
Rezoning Staff Report -Timber-Hyrst Estates Phase 2 Page 3
uses would possibly be a coffee shop or dry cleaners and that restrictive covenants
would apply to the development.
A small commercial node of this nature would generate very little additional traffic in this
neighborhood. However, the distance from this location to a secondary access is
approximately one mile. Any development of this property for commercial purposes
would have to undergo site plan review which would require screening on the property
lines adjacent to any residentially zoned properties.
The Comprehensive Plan encourages mixed use development with small commercial
nodes to serve neighborhoods. The two phases of the Timber-Hyrst Estates
subdivision consist of 80 lots, 50 of which are zoned R-3 and may accommodate multi-
family housing of up to six units each. Future phases of this development will add 230
acres of property zoned for residential use and further increase the number of housing
units.
Staff recommends the Commission review the criteria established in Section 6-1.1
regarding the criteria established for rezoning.
Prepared by: ~1 Reviewed: G~ Date: l'3~'Q8
Prepared by: Laura Carstens. Citv Planner Address: City Hall, 50 W. 13th St Telephone: 589-4210
Return to: Jeanne Schneider, Citv Clerk Address: City Hall- 50 W.13 St Telephone: 589-4121
ORDINANCE NO. 11-08
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY
OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED ALONG CREEKWOOD DRIVE FROM R-3
MODERATE DENSITY MULTI-FAMILY RESIDENTIAL DISTRICT TO C-2
NEIGHBORHOOD SHOPPING CENTER DISTRICT, WITH CONDITIONS.
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 R-3
Moderate Density Multi-Family Residential District to C-2 Neighborhood Shopping Center
District, with conditions, to wit:
Lot 3 of Timber-Hyrst Estates #2, 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 3rd day of March 2008.
Roy D.
Attest:Jeanne F. Schneider, City Clerk
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MEMORANDUM OF AGREEMENT
Pursuant to the Iowa Code Section 414.5 (2008), and as an express condition of rezoning
of the property described as:
Lot 3 of Timber-Hyrst Estates #2, and to the center line of the
adjoining public right-of--way, all in the City of Dubuque, Iowa.
which is the subject of Ordinance No. 11 -Q8 , a copy of which is attached hereto
and incorporated herein by reference, the undersigned property owners, agree to the
following conditions, all of which the property owner further agrees are reasonable and are
imposed to satisfy public needs which are caused directly by the rezoning:
A) Conditions: The following conditions shall apply to the subject property:
1) That gas station and automated gas station be eliminated from the list of
allowed uses for this C-2 neighborhood Shopping Center District.
B) Reclassification of the Subject Property. The City of Dubuque, Iowa may initiate
zoning reclassification proceedings to the R-3 Moderate Density Multi-Family
Residential District (which rezoning will include the removal of the performance
standards in Section A above) if the property owner fails to complete any of the
conditions or provisions of this Agreement.
C) Modifications. Any modifications of this Agreement shall be considered a zoning
reclassification and shall be subject to the provisions of the Zoning Ordinance
governing zoning reclassifications. All such modifications must be approved by the
City Council of Dubuque, Iowa.
D) Recording. A copy of this Agreement shall be recorded with the Dubuque County
Recorder as a permanent record of the conditions accepted as part of this rezoning
approval within ten (10) days of the adoption of Ordinance No. 11 -08.
E) Construction. This Agreement shall be construed and interpreted as though it were
part of Appendix A of the Code of Ordinances of the City of Dubuque, also known
as the Zoning Ordinance of the City of Dubuque, Iowa.
F) This Agreement shall be binding upon the undersigned and his/her heirs, successor
and assignees.
forms\moa.frm
ACCEPTANCE OF ORDINANCE NO. 11-08
I, Martin J. McNamer, representing North Cascade Road Developers,
LLC, property owner, read the terms and conditions of the foregoing Ordinance No.
11 -08 and being familiar with the conditions thereof, hereby accept this same
and agree to the conditions required therein.
Dated in Dubuque, Iowa, this 29th day of Feb, 2008.
By
Martin J. McNamer
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