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Request to Rezone - Derby Grange, LLC / 12568 John F. Kennedy Road_Hearing_1st Reading Copyrighted March 20, 2017 City of Dubuque Public Hearings # 1. ITEM TITLE: Request to Rezone - Derby Grange, LLC/ 12568 John F. Kennedy Road SUMMARY: Proof of publication on notice of public hearing to consider a request from Derby Grange, LLC, to rezone 50.4 acres at the Northwest Corner of Kennedy Road and Derby Grange Road (12568 Kennedy Road)from County AG Agricultural to City R-2 Two-Family Residential concurrent with annexation to the City of Dubuque and the Zoning Advisory Commission recommending approval. ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property, in conjunction with annexation, located at 12568 Kennedy Road from County Agricultural District to City R-2 Two-Family Residential District SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion A ATTACHMENTS: Description Type ZAC Letter Staff Memo Applicant Material Supporting Documentation Staff Material Supporting Documentation Staff Memo re Rezoning Supporting Documentation Public Input Correspondences Supporting Documentation Dubuque Home Builders Correspondence Supporting Documentation Ordinance Ordinance Proof of Publication Supporting Documentation Suggested Motion Supporting Documentation Planning Services Department Dubuque City Hall ViJi THE CITY OF 50 West 13th Street u'M°�� T T� E Dubuque,IA 52001-4864 I I r LJ (563)589-4210 phone (563)589-4221 fax amr•mm•mn Masterpiece on the Mississippi (563)690-6678 TDD plannmg@cityofdubugue.org March 6, 2017 The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 13th Street DubuquelA 52001 Applicant: Derby Grange, LLC Location: 12568 Kennedy Road Description: To rezone 50.4 acres at the northwest corner of Kennedy Road and Derby Grange Road from County AG Agricultural to City R-2 Two-Family Residential concurrent with annexation to the City of Dubuque 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. v Discussion Brian Riniker, representing the applicant, spoke in favor of the request, reviewing location, number of lots, access, street layout, storm water detention, extension of City utilities and size of homes to be constructed. Mr. Riniker noted 90% of the homes in the development will be single-family. He noted surrounding development is residential on larger lots, and that the proposed subdivision will be in character with the area. Mr. Riniker reviewed existing traffic volumes on Kennedy Road were lower than former traffic volumes. He noted that before the Northwest Arterial was constructed, Kennedy Road carried truck traffic to and from John Deere Dubuque Works. He noted the subdivision will have City water and sewer, meet City codes for storm water management and access safety, and include City parkland and street trees. The Zoning Advisory Commission received and filed two letters of opposition. A third letter of opposition was received after the public hearing. There were several public comments regarding the impact of the proposed subdivision on property values as well as traffic volume and safety on Kennedy Road. The public comments were concerned that the density of the development would negatively impact the environment and is not compatible with this area of the community of minimum one- acre lots. Several public comments were made as to the inability of Kennedy Road to handle additional vehicle traffic. Public comments were made regarding concern for pedestrian and bicyclist safety. Service People Integrity Responsibility Innovation Teamwork The Honorable Mayor and City Council Members Page 2 Staff reviewed the staff report, noting the surrounding land use, location of the proposed subdivision and the applicant's request to rezone and annex the property concurrently. Planning staff reviewed the subdivision layout, including number of lots, street widths, and access points to the adjacent streets. Staff reviewed locations of storm water detention and noted extension of City water and sanitary sewer to the site will alleviate the need for wells and septic systems. Staff reviewed the Iowa Department of Transportation's vehicle counts since 1993 on Kennedy Road, noting that the peak vehicle count was in 2001 with 7,700 average daily trips. Staff explained that the Kennedy Road vehicle counts fell to 4,580 average daily trips in 2005, a 40% reduction, attributed to the construction of the Northwest Arterial from Kennedy Road to Highway 52. Staff reviewed that even when adding in the 1,065 average daily trips anticipated when Rustic Point Subdivision is fully built-out, the number of vehicle trips on Kennedy Road will still be 37% below the 2001 levels. Staff noted that a new right turn lane will be constructed at John F. Kennedy Road and the Northwest Arterial this year to relieve congestion. Staff noted that the City of Dubuque is facing a shortage of residential building lots, and that City water and sanitary sewer infrastructure has the capacity to serve the development. The Zoning Advisory Commission discussed the request, reviewing the City's storm water management requirement, vehicle counts on Kennedy Road, and how the estimate for vehicle trips were determined for the new Rustic Point Subdivision. The Commission also discussed how the City determines when improvements are necessary to intersections. Staff reviewed the process of traffic warrants and capital improvement budgeting. The Commission discussed rezoning to R-2 Two-Family Residential or R-1 Single-Family Residential. The Commission felt the request was appropriate and would not adversely impact adjacent property. Recommendation By a vote of 5 to 1, 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, ;.�_ tfJ A6 Thomas Henschel, Chairperson Zoning Advisory Commission Attachments cc: Denise Ihrig, Water Department Manager Gus Psihoyos, City Engineer Service People Integrity Responsibility Innovation Teamwork THE CITY OF Dubuque City of Dubuque DT TU Planning Services Department lJ 17 �IIII� Dubuque, IA 52001-4805 Masterpiece on the Mississippi Phone: 563-589-4210 Fax: 563-589-4221 planning(&citvofdubugue ora PLANNING APPLICATION FORM ❑Variance ❑Preliminary Plat ❑Simple Subdivision ❑Certificate of Appropriateness ❑Conditional Use Permit ❑Major Final Plat ❑Text Amendment ❑Advisory Design Review(Public Projects) ❑Appeal [--]Minor Final Plat ❑Temporary Use Permit ❑Certificate of Economic Non-Viability ❑Special Exception ❑Simple Site Plan ❑Annexation ❑Historic Designation ❑Limited Setback Waiver ❑Minor Site Plan [--]Historic Revolving Loan ❑Demolition in Conservation Districts ®Rezoning/PUD/ID []Major Site Plan [--]Historic Housing Grant ❑Port of Dubuque Design Review Please type or print legibly in in Property owner(s): Derby Grange. LLC c/o Dave Riniker Phone: 563-451-4722 Address: 12568 Kennedy Road City: Dubuque State: IA Zip: 52002 Fax#: Cell #: 563-451-4722 E-mail: rinikersangmail.com Applicant/Agent: same as above Phone: Address: City: State: Zip: Fax#: Cell #: E-mail: Site location/address: Northwest corner of Kennedy Road and Derby Grange Road Neighborhood Association: N/A Existing zoning: County AG Proposed zoning: R-2 District: N/A Landmark: ❑Yes ® No Legal Description (Sidwell parcel ID# or lot number/block number/subdivision): Lot 1 of Tscharner Place#4 Total property (lot)area (square feet or acres): 50.4 acres Describe proposal and reason necessary (attach a letter of explanation, if needed): Facilitate development of the property for single-and two-family dwellings. CERTIFICATION: I/we,the undersigned,do hereby certify/acknowledge that: 1. It is the property owner's responsibility to locate property lines and to review the 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 nwritten and graphic materials are attached. Property Owner(s): E &e Date: .2lell7 Applicant/Agent: Date: _""FOR OFFICE USE ONLY—APPLICATION SUBMITTAL CHECKLIST Feer Received by: Date: B /7 Docket: D ' ` EXHIBIT A IlA)T101;V901 RN1.OI1AC1,N ,X/:IMON 9, ...... : r B u� OT1U/'Tti('IIdNN/;N PIACL'NU,4,SCC UN 9, G C V U iU{VNS/IIPB9N 11"U HANO/U LAST OYTIIL'I'IITII I!M1I� DA�V I V f Abianl'inrml!Iu Mi.yi.ei/'/'i UIIIRIQOIi COONIY,IOWA .,,u.:........................:<,,. VISTA E TATES LAV TAE ATE T-V---j i. TSCHARNER = PLACE Y3! 4 � — AREA TO BE REZONED LOTS PIN # 1009326003 LOT TSCHARNER PLACE 94 LOT LINE(TVP) 1 LOT4 DARW 'ACRES LOT 3 LOT it LOT2 �-' TSCHARNER LOT 1-2 PLACE NO.2 TSCHARNER PLACE LOT 1-1 - ' LOTS NE SN 3EC OBT@9N R3 - LOT 12 L13T 2 BLOCK 3 LOTI SW SW-SEC O9TB9NR2E SW SW LOT 2-1 SE SW-SEC 09 TS9N R2E BARONY .- SEC M WOODS TB9N R2E !., 1 inch= 300 feet 'v MCpVOID.Zby 3za 1B0 0 32o Peel WE AREA TO BEREZONEO E^olR 131li.kiw SD Wed 131b Sllae Pnaro:(501 W"27 1': t" u,.,• THE CITY OF Dubuque pa DUB E i II I � Masterpiece on the Mississippi d.-da1z.mis Vicinity Map f'iy � T1M.�1. ,M Y. � - � R �. Applicant "s� "• k.,• w >L eA h; x i _ Property t City of Dubuque Applicant: Derby Grange, LLC. f p" Location: 12568 Kennedy Road w . # ''. _ i ate. R'• ' �'... f�d� i t Description:To rezone 50.4 acres at the `ba �• !- Northwest Corner of Kennedy Road and Derby Grange Road from County AG Agricultural to City R-2 Two-Family *" Residential concurrent with annexation a to the City of Dubuque. ra r V. x ' Legend swM1 ®Applicant Property 'A. City limits DISCI.RIMER:This IMormsHon arescomMled using the -y Dubuque No.(aeognpM1ic lMwne ion Sydem JDAGIS),wWon `I inducers data crselW try both the City of Dubuque and Dubuque County.D is understood that.wKia the City of Dubuoua endpenldpatln,.,e.ie uti]Uedtharrok.nt rat eM accurate lnromsnon eveueble,OnGIS and its arpyllI do Id+ not werrerR the eccVacyor cwreMy O(the lmormellan ardale caAelnedhertln.The OV and peadeeXrp agendas atoll ml be had Debts for any direct,Indlroch lnicanlel,cord aquenual, ridge.orspedeling out s,wnelhnruded or Me o uMcrcseaedle,or the oWof to uNhontttlte uneut of ear h2ecuse a'h m earresea ang,whddta In aro use this dale orom of ear Map created by Cilypat C7ubugyle GI ' sial( REZONING STAFF REPORT Zoning Agenda: March 1, 2017 Property Address: 12568 Kennedy Road Property Owner: Derby Grange, LLC Applicant: Derby Grange, LLC Proposed Land Use: Residential Proposed Zoning: R-2 Existing Land Use: Agricultural Existing Zoning: County AG Adjacent Land Use: North — Residential Adjacent Zoning: North — County R-2 East— Residential East— County R-2 South —Agricultural South — County AG West — Agricultural West— County B-2 Former Zoning: 1934— County Total Area: 50.4 acres 1975 — County 1985 — County Property History: The property has been utilized for agricultural production. Physical Characteristics: The subject property is located at the northwest corner of John F. Kennedy Road and Derby Grange Road. The subject parcel has rolling topography for the portion of the property draining toward the city of Dubuque and the Catfish Creek. The north balance of the property drains towards the Little Maquoketa Watershed. Concurrence with Comprehensive Plan: the 2030 Future Land Use Map designates the property for agricultural use. Impact of Request on: Utilities: Utilities will be extended to the site as part of the Housing TIF agreement between the developer, Derby Grange, LLC, and the City of Dubuque. City water will be extended along Kennedy Road from its current terminus near the Grand View Methodist Church while City sanitary sewer will either be brought up from the west from the Plaza Drive area, or lift stations will be provided to pump the sanitary sewer flow along Kennedy Road to a point that can drain into the City's existing sanitary sewer system. Rezoning Staff Report — 12568 Kennedy Road Page 2 Traffic Patterns/Counts: Based on 2013 IDOT traffic counts, Kennedy Road carries 3,860 ADTs south of Derby Grange Road, and 3,360 ADTs north of Derby Grange Road. A traffic count was completed for Derby Grange Road by City Engineering staff on April 12, 2016, and recorded 1,418 ADTs for Derby Grange Road just west of its intersection with Kennedy Road. Public Services: Existing public services are adequate to serve the property. Environment: Staff does not anticipate any adverse impact to the environment, provided that any future development of the property is in compliance with established City standards for storm water management and erosion control. Adjacent Properties: The proposed rezoning of the subject property to R-2 Two- Family Residential allows for the construction of primarily of single and two-family residential homes. Adjacent properties to the north and east are already developed for residential homes in Dubuque County. The most likely impact to adjacent properties would be ;�n increase in the volume of traffic on Derby Grange and Kennedy Roads. CIP Investments: Extension of City sewer and water as agreed to in the development agreement with Derby Grange, LLC. Construction of a right turn lane at the Northwest Arterial and John F. Kennedy Road is scheduled for construction this year. Staff Analysis: The applicants are requesting a rezoning of the subject property from County AG to City R-2 Two-Family Residential in conjunction with annexation of the property to the city of Dubuque. The subject property encompasses approximately 50.4 acres at the intersection of Kennedy Road and Derby Grange Road. The owner of the property, Derby Grange, LLC, is proposing to develop the property for a mixture of single-family and two-family residential dwellings. Access to the property will be from both Kennedy Road and Derby Grange Road. The Zoning Advisory Commission reviewed and approved a preliminary plat for the property in May 2016. The applicants are rezoning the property in conjunction with the annexation of the property to the city of Dubuque. The Zoning Advisory Commission is being asked to review the rezoning of the property from County Agricultural to City R-2 Two-Family Residential, and make a recommendation to the City Council. The Zoning Advisory Commission does not have any review authority over the annexation of the property into the city of Dubuque. Typically, rezoning requests for property to be annexed into the city of Dubuque are reviewed concurrently at a City Council meeting so if the property owner seeking annexation does not receive the zoning they desire, the applicant can retract their request for annexation. Rezoning Staff Report— 12568 Kennedy Road Page 3 Attached to this staff report is a copy of the R-2 District standards, a copy of the j approved Preliminary Plat, and a map depicting the property to be annexed to the city of Dubuque. RECOMMENDATION Planning staff recommends that the Zoning Advisory Commission review the enclosed information and make a recommendation on the rezoning request to the City Council. Prepared by: Reviewed: d/ Date: Z• Zo • 7 THE CM OF Dubuque Dull UE ��1► Masterpiece on the Mississippi 2 I 2007-2012 TO: Zoning Advisory Commission FROM: Kyle L. Kritz, Associate Planner X7 SUBJECT: Derby Grange LLC Rezoning Request— Traffic Counts DATE: March 1 , 2017 INTRODUCTION The Zoning Advisory Commission is reviewing a request by Derby Grange, LLC to rezone property at the northwest corner of Kennedy and Derby Grange Roads from County Agricultural to City R-2 Two-Family Residential as part of annexing the property into the city of Dubuque. This memorandum provides the Zoning Advisory Commission additional information on past, present, and anticipated future traffic counts for Derby Grange and Kennedy Roads. Based on the Institute of Traffic Engineer & Trip Generation Manual, approximately 1,065 Average Daily Trips will be generated when the proposed subdivision is fully built out. DISCUSSION Attached to this memorandum are road maps that depict traffic counts for Kennedy Road and Derby Grange Road. Traffic counts from the Iowa Department of Transportation (IDOT) are provided for years 2013, 2009, 2005, 2001, 1997 and 1993. In addition, traffic counts that were conducted by the City of Dubuque Engineering Department in April 2016 are also provided. The most notable finding is that the traffic count taken by the IDOT in 2001 for Kennedy Road between Derby Grange and Rupp Hollow Road intersection was 7,700 vehicle trips. In 2005, when the [DOT took their next traffic count. The number of vehicle trips recorded had dropped to 4,580. This is a reduction of 3,120 vehicle trips. This drop in vehicle trips is attributed to the construction of the Northwest Arterial from Kennedy Road to Highway 52 that redirected a significant number of vehicle trips away from both Kennedy Road and W. 32nd Street. The vehicle count conducted by the City's Engineering Department in April 2016 recorded a further reduction in vehicle trips to 3,824. The IDOT recorded vehicle counts for Derby Grange Road in 1993 and 2009 only. The counts were 440 and 1,420 respectively. The City's vehicle count on Derby Grange Road in April 2016 was 1,418. Memo to the Zoning Advisory Commission Page 2 The attached information regarding the number of vehicle trips along Kennedy Road should be viewed in the context that between 1993 and 2016, seven county subdivisions and one city subdivision were developed. The seven county subdivisions have added approximately 200 dwellings and the city subdivision added approximately 100 homes. However, even with the significant number of new homes built, the volume of traffic on Kennedy Road has dropped by 51% since 2001. Even with the addition of vehicles trips added by a fully built-out Rustic Point Subdivision, Kennedy Road will still be carrying 37% less vehicle trips. These estimates assume that all vehicle trips will utilize Kennedy Road. A traffic distribution analysis was not performed for this project. However, based on the proposed street layout, I would estimate approximately one-third of vehicles entering and leaving the subdivision will utilize Derby Grange Road. The majority of those vehicles using the Derby Grange Road subdivision access will still travel to Kennedy Road rather than traveling west on Derby Grange Road. Planning staff also reviewed the number of accidents that have occurred at the Kennedy Road and Derby Grange Road intersection, and found only three accidents reported to the IDOT, one of those being a vehicle/deer accident. SUMMARY In summary, the proposed development of Rustic Point Subdivision will generate approximately 1,065 vehicle trips when fully built out. This will increase the number of vehicle trips on both Kennedy Road and Derby Grange Road. With this additional traffic on Kennedy Road, there will still be approximately 3,000 vehicle trips less than what Kennedy Road experienced prior to the construction of the Northwest Arterial from Kennedy Road to Highway 52. This information is provided for the Zoning Advisory Commission consideration. 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' } 48 1 fi.�./'�5•.Y Y a k� � i n , � -.r w "'4 M1M1'' `P� . __•_� .�*•^' ,�.yf y5 4+i1,TI•�-� � �. � , ate � � y '°'.�•jG" PRELIMINARY PLAT RUSTIC POINT ESTATES AS COMPRISED OF LOT : OF TSCHARNER PLACE p4 LOCAIEU IN HOIeOI Nwi/4 AND THE SVfI/6 m OF 5EC 9, 111 RIE. OF TRE 5TI Pln., DUducOE COu.TIx, IOWA. IN r OR wi.., _ GeV o LOCATION MAP IT ,.„ JJ l roe, � _ ,l' � •.i�„ ; � h � i r11L r`Fl $ . EI I rc.. _tea -ilk= � t��e' -;_em. ter:;✓' -: 1 � 53 r,..ff. I—BILL ALI IL., .w� .w,_.14.M:,b� a. t P R1ME�ER AREA ^� Y x EELL c m«u o LNET., E ",,r W Imo.«o.sAF:Y"Rcz. so.4 ac B: ELL BE ILI«.,oma. h.:III IBLE �,.,....,". «r,w. IIIAI 11 1.EFE EABLI L.I1 7L1-AL.«,, ,,Fors ,,.I.FALL,IBEA I',,,,,...w...., — �� ENI] ELL IL PRR'KETER �rs,rE ar< ,.„ LET ,...,...�,"1 LVI.:iao�n EI y ... " aEE,sma.xa wd„�,ro«o�roEo IFIA,E..,,,E,o,.:"LEBB LI LEE Z LLA ._ _ - ELI :E,`.";�`,:� la'.�""ao� as IL E&EB illw:, .oI-.1 .,. ,.E FIE-11n e��aro ��.,.. Y..s... am ,-I,o.,>Eoo xr wew.�.ee..I _--BLE. _ aW .�".IELESS III"I I un row>;, -.�r�Erco wo oE�.,..r«w...,.m,r¢non�u Eorz..., .. -;-;�:- _ . nc:A, TEL as«a ¢z NEI ILE 11 LEE I as Z p 0 ELI I 1I CII�..:1.:<rAr«rrE waw", .rz ILIIIE EWE o..,ow ..: —=� Evia a vii D, BE ."- 211 °�. ,.,� m (EL s_� ¢ I„ .Qo i. i a a� L ^W' Eh ...,p»Er..4;wir," Section 2-Land Use Regulations Article 5: Zoning Districts 5-3 R-2 Two-Family Residential The R-2 District is intended to provide residential areas characterized by single-family ,fig and two-family dwellings. Increased densities and the introduction of two-family hous- ' ` r� ing types are intended to provide greater housing options while maintaining the basic sin .1 qualities of a low density residential neighborhood.The principal use of land in this dis- trict is for low density single-and two-family dwellings and related recreational,reli- detachSingdwelling le-family gious and educational facilities. ed 5-3.1 Principal Permitted Uses I The following uses are permitted in the R-2 District: 1. Cemetery,mausoleum, or columbarium 2. Place of religious exercise or assembly 3. Public or private park,golf course,or similar natural recreation area 4. Public,private,or parochial school,approved by the State of Iowa(K-12) 5. Railroad or public or quasi-public utility, including substation 6. Single-family detached dwelling 7. Townhouse(maximum two dwelling units) 8. Two-family dwelling(duplex) 5-3.2 Conditional Uses Two-family The following conditional uses may be permitted in the R-2 District, subject to the provi- dwell ng sions of Section 8-5: 1. Bed and breakfast home 2. Hospice 3. Licensed adult day services 4. Licensed child care center 5. Keeping of hens 6. Mortuary,funeral home,or crematorium 7. Off street parking 8. Tour home 9. Tourist home t ! 10. Wind energy conversion system 5-3.3 Accessory Uses Bed and The following uses are permitted as accessory uses as provided in Section 3-7: breakfast home 1. Detached garage 2. Fence 3. Garage sale;no more than three per calendar year or three consecutive days per sale 4. Home-based business 5. Noncommercial garden, greenhouse or nursery 6. Off street parking and storage of vehicles 7. Satellite receiving dish 8. Solar collector 9. Sport,recreation, or outdoor cooking equipment 10. Storage building J 11. Tennis court,swimming pool or similar permanent facility 12. Wind turbine(building-mounted) Wind energy 5-3.4 Temporary Uses conversion system Temporary uses shall be regulated in conformance with the provisions of Section 3-19. THEfJiY Op DUB E Section 2—Land Use Regulations Article 5: Zoning Districts 5-3.5 Parking Minimum parking requirements shall be regulated in conformance with the provisions of Article 14. 5-3.6 Signs Signs shall be regulated in conformance with the provisions of Article 15. 5-3.7 Bulk Regulations Min Lot Min Lot R-2 Residential Area Frontage Permitted Uses Place of religious exercise or 20,000 100 40 20 20 20 assembly,School 751 Single-family detached dwelling 5,000 50 40 20 50 6 20 30 Townhouse(two du max) 3,000/du 25/du 40 20 50 6/0 20/0 30 Two-family dwelling 6,000 50 40 20 50 6 20 30 Conditional Uses Bed and breakfast home 5,000 50 40 20 50 6 20 30 Hospice 5,000 50 40 20 --- 6 20 30 Licensed adultdayseMoes, 5,000 50 40 20 6 20 30 Licensed child care center Mortuary,funeral home,or crematorium 20,000 100 40 20 20 20 30 May be erected to a height not exceeding 75 feet,provided that such buildings shall provide at least one additional foot of yard space on all sides for each additional foot bywhich such building exceeds the maximum height limit of the district in which it is located. * See Section 3-17 for adjustment of minimum front yard setbacks. •-- -------- - ---------- r --------------- —Midpant '.. NtAProperty Line—�; Required Rear , ; I Height I Suck_ I ! m -- - - � Shed Roof u Lot Width I Bmldable Area { �Midpoint 1 n I u e Height N. Gable or Hip Roof rmli Deddme w M A,e ; Require Fron Mansard or Gambrel Roof ' 5etback Highest level 0 o I I^Lot Frontage Height Street Street DTXECfIY OF UB E THE MYOFF Dubuque DTL E NI-nmeencaCAY Masterpiece on the Mississippi 2009•2012•2013 MEMORANDUM TO: Michael C. Van Milligen, City Manager FROM: Laura Carstens, Planning Services Manager SUBJECT: Derby Grange LLC Residential Rezoning Concurrent with Annexation DATE: March 9, 2017 Introduction This memorandum transmits information in response to public input expressed during the Zoning Advisory Commission's March 1, 2017 public hearing on the Derby Grange LLC application for R-2 Two-Family Residential rezoning concurrent with 50.4-acre voluntary annexation of the planned Rustic Point Subdivision, as requested. The rezoning and annexation requests are scheduled for public hearings on March 20, 2017. Purpose/Intent of Rezoning The subject property is located at the northwest corner of Kennedy and Derby Grange Roads with connection to the city of Dubuque by Kennedy Road right-of-way. The property is farmland located in unincorporated Dubuque County with County Agricultural zoning. The developer's stated intent is to develop primarily single-family homes with some two-unit townhomes. City Code states: "The R-2 district is intended to provide residential areas characterized by single-family and two-family dwellings. Increased densities and the introduction of two- family housing types are intended to provide greater housing options while maintaining the basic qualities of a low density residential neighborhood. The principal use of land in this district is for low density single- and two-family dwellings and related recreational, religious and educational facilities." The Derby Grange LLC petition for voluntary annexation is concurrent with R-2 rezoning. If the rezoning request is not approved, the applicant has the right to withdraw the annexation petition because it would no longer be voluntary. Purpose/Intent of Annexation Derby Grange LLC executed a pre-annexation agreement approved by the City Council on November 16, 2015. The agreement was triggered by the City's Fringe Area Development Standards, which require new subdivisions within two miles of the city limits to have a pre- annexation agreement as part of the subdivision approval process. The preliminary plat for Rustic Point Subdivision was approved by the City Council on May 16, 2016. Extension of City Utilities Derby Grange LLC is preparing a final plat and improvement plans to facilitate the development of Rustic Point Subdivision to City standards. Derby Grange LLC requested extension of City water and sanitary sewer to the subdivision, and executed a development agreement approved by the City Council on November 16, 2015. Derby Grange LLC is scheduled for City Council consideration on March 20, 2017 for designation as a Housing Tax Increment Finance (TIF) District related to funding for the extension of City utilities to Rustic Point Subdivision. Development Standards Residential rezoning, annexation, and extension of City utilities will enable Rustic Point Subdivision to develop in accordance with the City's subdivision design standards and the required use of sustainable development design tools. Access to City water and sanitary sewer eliminates the need for individual wells and the minimum one-acre lot required for an individual septic system by Dubuque County. The City Engineering Department uses the Statewide Urban Design and Specifications for all public works projects, including roadway design and sight distance visibility at intersections and access points. This process ensures safety for the traveling public. Traffic Volume The most likely impact to adjacent properties with development of Rustic Point Subdivision would be an increase in traffic volume on Derby Grange and Kennedy Roads. The development will generate approximately 1,065 vehicle trips when built out. Prior to the opening of the Northwest Arterial between Kennedy Road and US 52, the traffic count on Kennedy Road north of Derby Grange Road was 7,700 Average Daily Traffic (ADT) based on 2001 Iowa Department of Transportation traffic counts. Traffic counts dropped once the Northwest Arterial opened, as seen in the chart below. This significant decline occurred Traffic Counts on Kennedy Road despite development of about 200 900° 1100 homes in 7 County subdivisions and 800° EFEF approximately 100 homes in one City 1000 100 subdivision in the Kennedy Road 6°°° 5000 4°3° 580 411° corridor. 824 4000 336° 3000 City Engineering plans to construct a 000 right turn lane at the Northwest 00° ° Arterial and Kennedy Road in 2017 1990 1995 2000 2005 2010 2015 2020 for air quality improvements. The Dubuque Metropolitan Area Transportation Study's 2045 Long Range Transportation Plan adopted in January 2017 delineates the "level of service" for principal roads in the tri- county area. Level of service is a qualitative measure of traffic conditions, ranging from A to F. "A" represents complete free flow of traffic, allowing traffic to maneuver unimpeded. "F" represents a complete breakdown in traffic flow, resulting in stop and go travel. 2 The Long Range Transportation Plan notes that Kennedy Road between the Northwest Arterial and U S 52 had a level of service rating of"A" in 2010. The Plan projects that this section of Kennedy Road will continue to enjoy a level of service "A" out to 2045. Pedestrian and Bicycle Safety In accordance with City's subdivision design standards, Rustic Point Subdivision will be compact, low impact, urban development that uses a grid street pattern and incorporates some "complete street" design criteria, such as sidewalks on both sides of the street, curb ramps at intersection corners, etc. for a walkable and bike-friendly development. County roads and streets in rural subdivisions typically are designed for vehicles only, with unpaved shoulders and drainage swales on both sides. This rural roadway design limits transportation choices, and can make walking and bicycling inconvenient and potentially dangerous. Fire and Emergency Response The Dubuque Fire Department provides fire prevention, fire suppression, hazardous materials, specialized rescue, paramedic ambulance, and emergency first responder services. The Department has mutual aid agreements with the volunteer fire departments that serve the other cities and rural areas in Dubuque County. With six fire stations and 90 personnel, the Department maintains 24/7 response, 365 days a year. The Dubuque Fire Department has pre-emption capabilities for both signals on Kennedy Road north of Fire Station 2 located at 2180 Kennedy Road, which would be the first responder to the Rustic Point Subdivision. Response times for the Department will be comparable to those of the volunteer fire departments serving the area. The availability of pressurized City water in fire hydrants in the subdivision gives the Fire Department better fire suppression capabilities than reliance on tankers bring water to the scene. Property Values City staff contacted the City Assessor's Office and the County Assessor's Office to discuss the potential impact on property values of a new City subdivision being built near an existing County subdivision. Both offices indicated that there was little to no impact on property values, since valuation is determined largely by the age, condition, etc. of the home and its site. In addition, local appraisers have indicated that lots in subdivisions served by City water and sanitary sewer generally command a higher value than lots without City utilities. Please let me know if you require additional information. cc: Gus Psihoyos, City Engineer Rick Steines, Fire Chief Denise Ihrig, Water Department Manager Kyle Kritz, Associate Planner F VJsersVLCARSTENVVVPWnnexVDerby GrangeAMemo MVM Derby Grange Rezoning.doc 3 DPPL GC� LOdC D February 26, 2017 FEB 2 8 2017 CITY OF NNING SERVICES DUBUQUEDOEPARTMENT To: Dubuque Zoning Advisory Commission Re: Proposed rezoning and development of Rustic Point Estates (12568 Kennedy Rd) Thank you for offering the opportunity to provide input on the proposed rezoning of the 50 acre property located at 12568 Kennedy Rd to allow development of the Rustic Point Estates. Our family lives at 16673 Clay Hill Rd and our property borders the North-West edge of the property being considered for rezoning.We have had the opportunity to view the planned layout for the development and there are several concerns that we have and would like to share. Our first concern is the high number of proposed lots as well as the rezoning to R2, allowing potential building of duplexes. Having 108 new lots,with several of them being two-family residential lots,would be far too high of a density of homes for this size of property. We are concerned about how water run- off would directly affect our property due to its location and the topography of the property. We also feel that such a high density of new housing would likely create difficulties at Sageville Elementary, where our children attend. We feel that an addition of numerous families would likely strain the school's ability to handle the increased number of students. Many grades already have 25 students or more per class and a large addition of students would likely create the need for additional classes and teachers for which the school does not have the space. Another concern of ours is how this development would affect traffic. Adding so many new houses would add an estimated 980 vehicles per day which we feel would strain the capacity of the current roads in the area. The intersection of JFK and Derby Grange can be very congested during spring and summer months due to use of baseball diamonds at Derby Grange Golf and Recreation and this would only increase with such a large increase in homes. Kennedy Rd and Derby Grange Rd are narrow roads with essentially no shoulders and also have elevation changes and a small curve at the intersection which would not likely accommodate such an increase in traffic safely. Also, adding a second intersection with a high volume of traffic so close to the turn on JFK near the intersection of Rupp Hollow Rd would be unsafe in our opinion. These are several of the reasons how this rezoning would directly affect our family and our property.We also feel that this project would be excessively costly for the City of Dubuque. The cost of extending utilities to this development would be irresponsibly high. We are not completely against development of this land, but we would like it to remain a part of the county, much like the nearby neighborhoods. We feel it would be more appropriate to subdivide the lots into larger parcels, such as acre-sized lots, which would reduce the effects some of the above-mentioned concerns. Thank you for the opportunity to express our concerns regarding this proposed rezoning and annexation. We hope that you will take these concerns into consideration,and that you would not allow such a high- density residential development to proceed as the preliminary plans have been designed. We do not feel that this property should be annexed and we appreciate the opportunity to voice our opinions. Ben and Sarah Fern 16673 Clay Hill Rd Dubuque, IA 52002 2/26/2017 D v FEB 2 8 2017 D Zoning Advisory Commission Re: Rustic Point Estates Proposal PLANNING SERVICCITY OF ES DEEPARTMENT Dear Members: I am opposed to the planned development as proposed for the following reasons. 1. The potential of 108 dwellings on only 50 acres is an excessive number. It appears they are attempting to cram in as many units as possible without regard to esthetics as it relates to a balance of structures and available property. It would resemble a row house appearing type of development. This certainly would not conform to the"general feel" of the existing area neighborhoods. 2. The effect of an additional 108 dwellings on local traffic patterns would be immense, transforming already busy roadways into serious congestion. Remember JFK presently gets a lot of traffic coming both ways from the NW arterial intersects with "upper and lower"JFK. Also Clay Hill and Rupp Hollow are used by many as shortcuts to Dubuque on Hwy 52 from Durango and Sageville,respectively. This traffic converges onto JFK. The potential magnitude of additional traffic from Rustic Point Estates as proposed would be very detrimental and be a public safety concern. 3. The other concern I have is the pollution and runoff potential as a result of surface area for runoff water, considering the square footage of roofs, driveways, sidewalks, associated with so many structures. If you think the the Heritage Pond area and Hwy 52 has a water problem now after heavy rains, imagine what this would do! All the water from the NW arterial eastward drains to the Heritage Pond and Little Maquoketa-Hwy 52 intersect area. I oppose the development as presented in its current configuration. I encourage the subdivision to be developed,but with significantly fewer homes, in the range of a 30- 50%reduction. This would be the responsible approach and be more reasonable esthetically, as well as resulting in manageable traffic, and reduced runoff and pollution. C,7evd�Citizzeen, - 1 Daniel Bolgren 12307 Brittany Ct. Dubuque IA 52001 Melinda Rettenberger From: Mary Cunliffe <mkcunliffe@gmail.com> ^ Q Sent: Thursday, March 02, 2017 9:50 AM Pu To: Planning Subject: Proposed re-zoning i MAR - City of Dubuque Planning Services CITY OF DUOUOUE PLANNING SERMC.Q DEPARTMENT City Planning Services Dept.; RE: Proposed re-zoning of 50.4 acres at the northwest corner of Kennedy Rd. and Derby Grange Rd. from County AG Agricultural to City R-2 two-family residential, concurrent with annexation to the city of Dubuque. I would like to state my opposition to the request for re-zoning. I oppose this rezoning based on the current level of traffic on Kennedy Rd. and the increase in traffic, traffic noise and pollution from this increase in traffic that this re-zoning would inevitably bring. Currently there is frequent traffic congestion at the intersection of Kennedy Rd. and the Northwest arterial whenever there are soccer games, events at the Arboretum, or morning and afternoon school drop off and pick up times. If this proposed re-zoning were approved we would of course see an increase in this and the negative effects from this traffic I already stated. Also, I oppose the building of duplex units. Currently this area has quality single home dwellings, most with larger lot sizes than a typical city subdivision. By allowing the construction of multiple unit buildings,in my opinion this would decrease the beauty and appeal of living in the"near country". I realize that the city of Dubuque wants the revenue and taxes that are currently going to the county as this would increase their bottom line,but the reason we live here in the county and outside the city limits is because we want the quiet, the cleaner air, more spacious lot sizes, our own water supply and less traffic. By allowing this re-zoning and annexation, our neighborhood gets closer to being pressured into being annexed as well. We would incur increased taxes and pressure to hook up to the city utilities, a situation which would cost us much expense when we already have those amenities. I ask the zoning and planning services to carefully consider this re-zoning request on the basis of preserving some of the little gem neighborhoods that still exist in our community. Please don't approve another urban sprawl neighborhood of quickly built look-alike duplex homes,but vote for the preservation of this era and area and its'quality of life. Thank you for your consideration. Sincerely, Mary Cunliffe Dubuque County Resident, 12442 Barony Dr.,Dubuque, IA 52001 Click here to report this email as spam. i , Dubu ue o i% mild nd Associates E 880 Locust Street,Suite 115,P.O.Box 1352, Dubuque,IA 52004-1352 563.582.4553 dbghba115 a(�.gmail.com March 9, 2017 h� i Dubuque City Council Historic Federal Building p 650 W. 6th Street Dubuque, IA 52001 �I F I Dear Council Members: The Dubuque Homebuilders and Associates would like to show our support for the rezoning of land for future subdivisions in Dubuque County. We believe it is in the best interest of our community and our association to have continued growth, for single family homes. We ask that you please vote in favor of rezoning requests that will support this continued growth in Dubuque County. Regards, Mark Ernst President �t� art•, t`�{ �`{ 4 I i a Kevin Firnstahl From: Trish Gleason Sent: Thursday, March 16, 2017 8:01 AM To: Kevin Firnstahl Subject: FW: Derby Grange LLC Attachments: Letter to Dubuque City Council 3 9 17.docx Kevin, This is for an item on the agenda. Thank you, Trish Il i .....,...,,.w�,.,....,._,,...>.� ... ,,,..».F..rv,..,..�.,..,..„w.,.,,.,..�.�„�..v...✓e,,,.w„W _. .u...a,....��,,,.,.,,.�..w...�,.�.d�....,,,,..,7.... v.., ,,,.,,. .. .,a.. ...�., ,.,., .,.,.,,A,n....,.�.�.�.....�..,».,...,...�.w,. 6 From: Luke STEGER [mailto:lgsteger@yahoo.com] Sent:Wednesday, March 15, 2017 9:06 PM To:Trish Gleason<T leason cit ofdubu ue.or > g Y q g Subject: Derby Grange LLC Letter of support for rezoning of property in regards to Rustic Point estates(Derby Grange LLC). Can you please pass this on to council members for March 20th meeting. Thanks, Luke Ps,can you let me know you received this. r �l Click a https://www.mailcontrol.com/sr/7AwDvAUCPJzGX2PQPOmvUj!GOBh06pKKI MtogCIxcUgAps6w81 C84K2JvY2zX5fgW3gREF BzMgeRLY+cWrx9g_ to report this email as spam. Sent from my iPhone 6 L P 1 � i pE Prepared by: Laura Carstens, City Planner Address: City H . 50 W. 13th St Telephone: 589-4210 Return to: Kevin Firnstahl, City Clerk Address: City Hall-50 allW. 13 St Telephone: 589-4121 ORDINANCE NO. -17 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY, IN CONJUNCTION WITH ANNEXATION, LOCATED AT 12568 KENNEDY ROAD FROM COUNTY AGRICULTURAL DISTRICT TO CITY R-2 TWO- FAMILY RESIDENTIAL DISTRICT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, the Unified Development Code, is hereby amended by reclassifying the hereinafter described property, in conjunction with annexation, from County Agricultural District to City R-2 Two-Family Residential District, to wit: Lot 1 of Tscharner Place No. 4 and to the centerline of the adjoining public right-of- way all in the County of Dubuque. Section 2. That 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 day of 2017. Roy D. Mayor Attest: Kevin S. Firnstahl, City Clerk Planning Services Department City Hall 50 West 13th Street Dubuque, IA 52001-4864 (563) 589-4210 phone (563) 589-4221 fax (563) 690-6678 TDD planning@cityofdubuque.org Dave Riniker 12568 Kennedy Road Dubuque IA 52002 Dubuque AlaAmatcaCity '1111! 2007.2012.2013 RE: City Council Public Hearing — Rezoning Request Dear Applicant: THE CITY OF DUB Masterpiece on the Mississippi March 2, 2017 The City Council will consider your request to rezone property located on Derby Grange Road at a public hearing on Monday, March 20, 2017. Please attend this meeting, or send a representative to the meeting in your place to present your request and answer questions. City Council meetings begin at 6:00 p.m. in the City Council Chamber, 2nd Floor, Historic Federal Building (Post Office), 350 W. 6th Street, Dubuque, Iowa. Please contact the Planning Services Department at (563) 589-4210 if you need more information or have any questions. Sincerely, Kyle L. Kritz Associate Planner Enclosures cc: Kevin Firnstahl, City Clerk Service People Integrity Responsibility Innovation Teamwork STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher { of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper f on the following dates: March 10, 2017, and for which the charge is $21.83. ti i 1 !i a Subscribed to before me, a tart'Pu lic in and for Dubuque County, Iowa, this d�day of , 20 / 1 j j 9 otary Public in and for Dubuque County, Iowa. u i CITY OF DUBUQUE, IOWA OFFICIAL NOTICE NOTICE IS 'HEREBY GIVEN that'the Dubu- que City Council will conduct a public hear- m t�� MARY K WESTERMEYER ° ing at a meeting to 0.r„ commence at 6:00 p.m. a "� Commission Number 154885 .on March 20,2017, in My Commission Exp.F0b,1,2020 'the Historic Federal Building'Council Cham- bers (second floor), 350 West 6th Street,on the following: Rezonings At said time and place, Request by ,Derby of public hearings al( Grange,LLC,to rezone interested citizens and' 50.4 acres at the North- parties will be given an' west Corner of Ken- ! opportunity to be nedy Road and Derby heard for or against, Grange -Road (12568 said actions, Kennedy Road) from Copies of supporting' County AG Agricultural documents for the pub- to City R-2 Two-Family lic hearings are on file Residential concurrent in the:City Clerk's Of-' with annexation to the, fice,:;City Hall, 50 W.', City of Dubuque. , 13th Street, Dubuque, Request by Jim Kress;" and may be viewed' to rezone 2.99 acres lo- during regular working cated at Derby Grange hours. Road from County AG Any visual or hearing Agricultural to,City R-1 impaired persons Single-Family Residen needing special assis- I tial concurrent with an- tance or persons with nexation to the City of special accessibility Dubuque. needs should'contact Written comments re the.City Clerk's Office garding the above pub- at (563) 589-4100 or lic hearings 'may be TTY;(563) 690-6678 at y submitted to the City least 48 hours prior to to Clerk's Office,50 W. the meeting. 13th St., Dubuque, IA Kevin S.Firnstahl, 52001 on or before said CMC,City Clerk time of public hearing. It 3/10 f t