Text Amendment - Rural Residential Overlay DistrictPlanning 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@c~ofdubuque.or~
~rtiE crnr of Dubuque
DUB E
Masterpiece on the Mississippi ~ I
2007
September 5, 2008
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque IA 52001
Applicant: City of Dubuque
Description: To amend Section 2.1 and Section 3-5.7 of the City of Dubuque Zoning
Ordinance to establish a Rural Residential Overlay 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
Associate Planner Kyle Kritz spoke in favor of the request, reviewing the proposed
amendment to establish the Rural Residential Overlay District. He noted that it would
be applied in conjunction with the annexation of a property into the City, and that
surrounding property owners would be notified. The overlay district would use R-1
Single-Family Residential District standards and would go into effect upon approval of a
final plat.
There were no public comments.
The Zoning Advisory Commission discussed the request, noting that the proposed
amendment provides flexibility to property owners annexing into the City.
Recommendation
By a vote of 5 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,
Jeff Stiles, Chairperson
Zoning Advisory Commission
Service People Integrity Responsibility Innovation Teamwork
THE CITY OF Dubuque
DUB E
Masterpiece on the Mississippi
m
2007
TO: Michael Van Milligen, City Manager
FROM: Laura Carstens, Planning Services Manager S~{~
SUBJECT: Rural Residential Overlay District
DATE: September 8, 2008
In connection with the Far West Side Annexation, staff has developed the new Rural
Residential Overlay District (RROD). The RROD allows the farms being annexed to
remain in AG Agricultural zones until subdivided, at which time the RROD is applied.
The RROD allows development of the underlying AG land as R-1 Single-Family
Residential without a second public hearing for R-1 Rezoning.
At the Zoning Advisory Commission's public hearing on the RROD, staff indicated in
response to a question from a Commissioner, that the RROD was intended only for
annexing territory. After checking with Legal staff, we have determined that the RROD
can be applied to existing AG zoned land in the City limits, but would require a rezoning.
This memo is provided for the information of City Council members as they consider this
new overlay district at their September 15, 2008 public hearing.
LC/mkr
THE CITY OF
DUB E
Masterpiece on the Mississippi
Dubuque
!~
'~1'fl
Zoos
PLANNING APPLICATION FORM
^Variance
^Conditional Use Permit
^Appeal
^Special Exception
^Limited Setback Waiver
^Rezoning
^Planned District
^Preliminary Plat
^Minor Final Plat
®Text Amendment
^Simple Site Plan
^Minor Site Plan
^Major Site Pfan
^Major Final Plat
^Simple Subdivision
^Annexation
^Temporary Use Permit
City of Dubuque
Planning Services Department
Dubuque, IA 52001-4864
Phone: 563-589-4210
Fax: 563-589-4221
^Certificate of Economic Non-Viability
^Certificate of Appropriateness
^Historic Designation
^Neighborhood Association
^Other:
Please tvue or print legibly in ink
Property owner(s):
Address:
Fax Number:
City:
Cellular Number:
I Address:
Zip:
Applicant/Agent: City of Dubuque Phone: 589-4210
Address: 50 W. 13th St. City: Dubuque State: IA Zip: 52001
Fax Number: 589-4221 Cellular Number: N/A E-mail Address: N/A
Site location/address:
Existing zoning: Proposed zoning: Historic District:
Legal Description (Bidwell parcel ID# or lot number/block number/subdivision):
Landmark:
Total properly (lot) area (square feet or acres):
Describe proposal and reason necessary (attach a letter of explanation, if needed): Proposed text amendment to establish a
Rural Residential Overlay District (RROD).
CERTIFICATION: I/we, the undersigned, do hereby certify that:
1. It is the property owner's responsibility to locate property lines and to check your abstract for easements and restrictive
covenants.
2. The information submitted herein is true and correct to the best of my/our knowledge and upon submittal becomes public
record;
3. Fees are not refundable and payment does not guarantee approval; and
4. All additional required written and graphic materials are attached.
Property Owner(s): Date:
Applicant/Agent: - Date: ~ /~ %~
FOR OFFICE USE ONLY -APPLICATION SUBMITTA HECKLIST
Fee: ~ Received by: ~ Dater Docket:
^ Site/sketch plan^ Conceptual Development Pla ^Photo ^ Plat
State:
^ Improvement plans ^ Design review project description ^ Floor plan ^ Other:
THE CITY OF Dubuque
~T TB ~ A~-AmerlcaC~y
Masterpiece on the Mississippi
2007
August 11, 2008
TO: Zoning Advisory Commission
FROM: Kyle L. Kritz, Associate Planner ~~'~
SUBJECT: Proposed Rural Residential Overlay District (RROD)
INTRODUCTION
The City of Dubuque is proposing the creation of a Rural Residential overlay District
(RROD) that CAN be established on newly annexed property that is zoned AG
Agricultural District. The proposed overlay district would allow property owners the
flexibility to continue to operate their farms, but at some point in the future, be allowed to
develop their property for single-family residential subdivision. The RROD will allow a
property owner to develop all or a portion of their property for R-1 Single-Family
Residential upon approval of a final plat by the City of Dubuque.
DISCUSSION
The proposed Rural Residential Overlay District is similar to other overlay districts the
City already uses, including historic preservation, flood plain and sign overlay districts.
As part of an annexation of a parcel into the city of Dubuque, the City often rezones a
parcel concurrently with annexation. Application of the Rural Residential Overlay
District would occur concurrent with annexation so that surrounding property owners are
aware of the option for the parcel to be converted to asingle-family residential
subdivision at some point in the future.
The City's 2030 Future Plan Land Use Map designates parcels for rural residential
development. The proposed amendment establishing the RROD will be consistent with
both the Future Land Use Map and the goals of the 2008 Comprehensive Plan,
including Goal 9.6: Promote land use controls to fit the various historic development
patterns and neighborhoods that reflect urban, suburban and rural characteristics, and
Goal 10.1: Consider the community's regional setting and economy when assessing the
opportunities and constraints for land development.
Memo to Zoning Advisory Commission
Rural Residential Overlay District
Page 2
RECOMMENDATION
Planning staff recommends that the Zoning Advisory Commission recommend approval
of the Rural Residential Overlay District to the City Council. The RROD will allow
existing agricultural uses to remain active after annexation, while providing flexibility for
future residential development consistent with the City's Comprehensive Plan and
Future Land use Map.
ACTION REQUESTED
The requested action is for the Zoning Advisory Commission to review the proposed
text amendment and Section 6-3 of the Zoning Ordinance, and then make a
recommendation to City Council.
KLK/mkr
Prepared by: Tim O'Brien, Esq. 300 Main Street Suite 300 Main Street 330 Dubuque IA 52001 563 583 4113
ORDINANCE NO. 58-08
AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING THAT THE CODE
OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BE AMANDED BY
REVISING APPENDIX A THEREOF, ALSO KNOWN AS THE ZONING ORDINANCE
OF THE CITY OF DUBUQUE, IOWA BY ESTABLISHING A RROD RURAL
RESIDENTIAL OVERLAY DISTRICT UNDER SECTION 2-1 ESTABLISHMENT OF
DISTRICTS AND NEW SECTION 3-5.7 RROD RURAL RESIDENTIAL OVERLAY
DISTRICT.
Section 1. Appendix A of the Code of Ordinances of the City of Dubuque, Iowa,
is hereby amended by amending Section 2-1 Established of Districts by including
under Special Purpose Districts the following:
"RROD Rural Residential Overlay District".
Section 2. Appendix A of the Code of Ordinances of the City of Dubuque, Iowa,
is hereby amended by adding Section 3-5.7 RROD Rural Residential Overlay District,
as shown on Exhibit A, attached hereto.
Section 3. That the foregoing amandment has heretofore been reviewed by the
Zoning Commission of the City of Dubuque, Iowa.
Section 4. This Ordinance shall take effect upon publication.
Passed, approved and adopted this 18th day of September, 2008.
Roy D. Buol, Mayor
Attest:
Jeanne F. Schneider, CMC
City Clerk