Request to Rezone - Jim Kress / Derby Grange Road Copyrighted
April 3, 2017
City of Dubuque Action Items # 2.
ITEM TITLE: Request to Rezone -Jim Kress / Derby Grange Road
(Second Reading)
SUMMARY: Zoning Advisory Commission recommending approval of a
request from Jim Kress to rezone 2.99 acres located along
Derby Grange Road from County AG Agricultural to City R-
1 Single-Family Residential concurrent with annexation to
the City of Dubuque.
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 along Derby Grange Road from
County Agricultural District to City R-1 Single-Family
Residential District
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion
A
ATTACHMENTS:
Description Type
3-20-17 ZAC Letter Staff Memo
3-20-17 Applicant Material Supporting Documentation
3-20-17 Staff Material Supporting Documentation
Ordinance Ordinance
Proof of Publication Supporting Documentation
Suggested Motion Supporting Documentation
Planning Services Department Dubuque
City Fall THE CPCY OF
50 West 13f Street u�ctea �T T� E
Dubuque,IA 52001-4864 1 (I r U
(563)589-4210 phone 1
(563)589-4221 fax mn•mu•m„ Masterpiece on the Mississippi
(563)690-6678 TDD
planninOcityofdubuque.org
March 3, 2017
The Honorable Mayor and City Council Members
City of Dubuque
City Hall — 50 W. 13th Street
DubuquelA 52001
Applicant: Jim Kress
Location: Derby Grange Road
Description: To rezone 2.99 acres from County AG Agricultural to City R-1 Single-
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.
Discussion
The applicant spoke in favor of the request, reviewing that his property to be rezoned
and annexed is 2.99 acres in size and he is requesting R-1 Single-Family Residential
zoning.
Staff reviewed the staff report, noting that Mr. Kress's property is adjacent to the Derby
Grange, LLC property, and shares an existing access easement from Derby Grange
Road. The new access, to be constructed by Derby Grange, LLC for their Rustic Point
Subdivision, will provide street frontage as well as City water and sanitary sewer
extensions to serve the lots Mr. Kress intends to develop.
There were no public comments.
The Zoning Advisory Commission discussed the request, and found it appropriate, and
commended the developers for cooperating on the development of their respective
parcels.
Recommendation
By a vote of 6 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.
Service People Integrity Responsibility Innovation Teamwork
The Honorable Mayor and City Council Members
Page 2
Respectfully submitted,
-_:ZA46"14�'l
Thomas Henschel, Chairperson
Zoning Advisory Commission
Attachments
cc: Denise Ihrig, Water Department Manager
Gus Psihoyos, City Engineer
Service People Integrity Responsibility Innovation Teamwork
THC CITY OF
City of Dubuque
DT TD Planning Services Department
lJ 1J Dubuque, IA 52001-4805
Masterpiece on the Mississippi Phone: 563-589-4210
Fax: 563-589-4221
planning2cityofdubuaue 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 choose one
❑Limited Setback Waiver ❑Minor Site Plan ❑Historic Revolving Loan ❑Demolition
Rezoning/PUD/ID ❑Major Site Plan ❑Historic Housing Grant ❑Port of Dubuque Design Review
Please type or print legibly in in J�I ? r r�
Property owner(s): //.�'.,�,S �' - 1 n e—!,: ReS.S Phone: ..0- SSS— o?2f 1 i
Address:nJSiq rlae)0 kat' I%IIliq rV City: SWRl; o iit/ State:_�zip:�_
Fax#: Cell #:5 "�q /'� �`► E-mail: fie55.77 1000). C
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Applicant/Agent: �JP�PS p- PS S Phone:
Address: Spry e, As allOWCJ City: State: zip;
Fax#: Cell #: E-mail:
Site location/address: aha a G2A0x e A-40 Neighborhood Association:
Existing zoning: A-1 Proposed zoning: District: A)/� Landmark: ❑ Yes [5-go—
C; C;r4Sr /$3' �% 5c L)/-/-/ 85o r
Legal Description (Sidwell parcel ID# or lot number/block number/subdivision): � COTe
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p p rty (lot) area (square uare feet or acres
Describe proposal and reason necessary (attach a letter of explanation, if needed):
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 requi written and graphic materials are attached.
Property Owner(s): !� Date: r/6
Applicant/Agent: Date:
FOR OFFICE USE ONLY—APPLICATION SUBMITTAL CHECKLIST
v
Fee: Received by: ` ( • Date: g Z l ocket:
LOF
1-1/4" LOi 4 LOT 5 LOT 6
6.59' EAST / LOT 7 LOT e
ION LINE La vlsia ESTATES REC.AS:N89'41'30'W LA v15rA sraTEs
REC.AS:N89-25 30-W Sa9'40'i6'E - N0 2
S89'21'39'E 666.72' 53.59'
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\-WS/4 CORNER
SEC.9,T89N, R2E FOUND 1/2' FOUND 5/8' FOUND
FOUND STANDARD REBAR w/ REBAR w/ CAP 1-1/4-
CONC. MONUMENT YELLOW CAP #2435 (TYP.) PIPE
#14417 (TYP.)
PROPRIETORS:
JAMES F. KRESS 6 JANET M. KRESS c
22514 FINLEYS LANDING ROAD
SHERRILL. IOWA 52073 ui
LEGAL DESCRIPTION:
LOT 2 OF TSCHARNER PLACE NO.4, DUBUQUE COUNTY, IOWA. ;
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P� DUBUQUE COUNTY
IDENTIFICATION NUMBER: N s^ Qyp�E
mANNe
XATION DESCRIPTION:
THE EEAST 153.00 FEET OF THE SOUTH 850.00 FEET OF
W LOT 2 OF TSCHARNER PLACE NO.4, DUBUQUE COUNTY, IOWA.
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DUBUQUE COUNTY, IOWA r 3� 33.°
18.55 ACRES TOTAL
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18.37 ACRES NET PROPOSED 1O� PRDROseO
ANNEXATION Q - 27WIDE
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2.20 ACRES NET T� SHARED ACCESS
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— R.O.W. LINE 456.458.6969'
52 04'
DERBY GRANGE ROAD (104,) N09'28'22'M S89'28'22"E
_ _ R.O.W. LINE RFC.AR03. ' 491.85'
— �EC.A$
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FOUND
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SCHNEIDER
ANNEXATION PLAT Land Surveying
THE EAST 153 . 00 FEET OF Planning, Inc.
Box
THE SOUTH B50 . 00 FEET OF FarleO Iowa152046
LOT 2 OF TSCHARNER PLACE NO . 4, Ph# 563-744-3531
Fax 563-744-3629
DUBUQUE COUNTY, IOWA . Project: 1102ANNEX
Survey Date:8 23 2016
Sheet: 1 of 1
A THE CITY OFDubuqueA D UB E 1 ameecaCn'
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Applicant
Property\
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City of Dubuque
Applicant: Jim Kress
Location: Derby Grange Road
t Description:To rezone 2.99 acres from County
` AG Agricultural to City R-1 Single-Family
Residential concurrent with annexation to
s r the City of Dubuque.
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Legend
®Applicant Property
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REZONING STAFF REPORT Zoning Agenda: March 1, 2017
Property Address: Derby Grange Road — Lot 2 Tscharner Place #4
Property Owner: James and Janet Kress
Applicant: James Kress
Proposed Land Use: Residential Proposed Zoning: R-1
Existing Land Use: Agricultural Existing Zoning: County AG
Adjacent Land Use: North — Residential Adjacent Zoning: North — County R-2
East—Agricultural East— County AG
South —Agricultural South — County AG
West— Agricultural West— County B-2
Former Zoning: 1934 — County Total Area: 2.99 acres
1975 — County
1985 — County
Property History: The property has been utilized for agricultural production.
Physical Characteristics: The subject property is located approximately one-quarter mile
west of the John F. Kennedy Road and Derby Grange Road intersection. The subject
parcel has rolling topography and the property drains toward the city of Dubuque and
the Catfish Creek.
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 adjacent 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.
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
Rezoning Staff Report -Kress/Derby Grange Rezoning Page 2
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-1 Single-
Family Residential allows for the construction primarily of single-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 an 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 applicant is requesting a rezoning of the subject property from
County AG to City R-1 Single-Family Residential in conjunction with annexation of the
property to the city of Dubuque. The subject property encompasses approximately 2.99
acres approximately one-quarter mile from the intersection of Kennedy Road and Derby
Grange Road. The owner of the property is proposing to develop the property for
single-family residential dwellings in conjunction with the adjacent development of
Rustic Point Subdivision. Access to the property will be from Derby Grange Road.
The applicant is 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-1 Single-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.
Attached to this staff report is a copy of the R-1 District standards and a map depicting
the property to be annexed to the city of Dubuque.
Rezoning Staff Report — Kress/Derby Grange Rezoning Page 3
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: A4ZL4 Date:_Z 2/•/)
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Section 2-Land Use Regulations Article 5: Zoning Districts
5-2 R-1 Single-Family Residential
The R-1 District is the most restrictive residential district and is intended to protect low
density residential areas from the encroachment of incompatible uses.The principal use
of land in this district is for low density single-family dwellings and related recreational,
religious and educational facilities.
Single-family 5-2.1 Principal Permitted Uses
detached dwelling The following uses are permitted in the R-1 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
5-2.2 Conditional Uses
The following conditional uses may be permitted in the R-1 District, subject to the provi-
sions of Section 8-5:
1. Accessory dwelling unit
2. Bed and breakfast home
3. Keeping of horses or ponies
Place of rel. ious 4. Keeping of hens
g 5. Licensed adult day services
exercise 6. Licensed child care center
7. Mortuary,funeral home,or crematorium
8. Off street parking
9. Tour home
10. Tourist home
11. Wind energy conversion system
5-2.3 Accessory Uses
The following uses are permitted as accessory uses as provided in Section 3-7:
1. Detached garage
2. Fence
JAceessory . arage sale; no more than three per calendar year or three consecutive days per sale
4. Home-based business
unit 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
11. Tennis court,swimming pool or similar permanent facility
12. Wind turbine(building-mounted)
5-2.4 Temporary Uses
Temporary uses shall be regulated in conformance with the provisions of Section 3-19.
Licensed child
i care center
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Section 2—Land Use Regulations Article 5: Zoning Districts
5-2.5 Parking
Minimum parking requirements shall be regulated in conformance with the provisions of Article 14.
5-2.6 Signs
Signs shall be regulated in conformance with the provisions of Article 15.
5-2.7 Bulk Regulations
Min Lot Min Lot rVIaXLOt Setbacks
R-1 Residential Front(feet) Win Sid Max
Area Frontage Coverage Height
•. lot
Permitted Uses
Place of religious exercise or 20,000 100 40 20 --- 20 20 75'
assembly,School
Single-family detached dwelling 5,000 50 40 20 50 6 20 30
Conditional Uses
Bed and breakfast home 5,000 50 40 20 50 6 20 30
Licensed adult day services, 5,000 50 40 20 -- 6 20 30
Licensed child care center
Mortuary,funeral home or 20,000 100 40 20 --- 20 20 30
crematorium
Maybe 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.
--------------------------- ------------f RegNi•ed Rear fight dpant
Property ane Height
m .s,.. __ Setback__ 1
Shed_Roof
Lot Area ' � buildable Area �Midpoint
I
r Height
Oy
Gable or Hip Roof
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,
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Lot Width Required Front Mansard or Gambrel Roof
5etback -TNighest Levei
I'-Lot Frontage Height
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iHECf1V OF / 3
DUB JE -.-
Prepared by: Laura Carstens, City Planner Address: City Hall. 50 W. 13th St Telephone: 589-4210
Return to: Kevin Firnstahl. City Clerk Address: Citv Hall- 50 W. 13th St Telephone: 589-4121
ORDINANCE NO. 13-17
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 ALONG DERBY GRANGE ROAD FROM COUNTY AGRICULTURAL
DISTRICT TO CITY R-1 SINGLE-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-1
Single -Family Residential District, to wit:
The east 153.00 feet of the south 850.00 feet of Lot 2 Tscharner Place No. 4 and
to the centerline of the adjoining public right-of-way, all in the County of
Dubuque, Iowa.
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 3rd day of April, 2017.
g, IL/
Roy D. Mayor
Attest:
1:1"
:
Kev n . Firnstahl,
City Clerk
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
on the following dates: April 07, 2017, and for which the charge is $16.35.
PI
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this __ day of , 20
Notary Public in and for Dubuque County, Iowa.
i
"A' MARY K WESTERMEYER
Commission Number 154885
My Commission Exp, Feb. 1, 2020
OFFICIAL
PUBLICATION
ORDINANCE NO.13-17 !
AN ORDINANCE
AMENDING TITLE; 16 ,
OF THE CITYOF
DUBUQUE CODE OF
ORDINANCES, UNI-
FIED DEVELOPMENT
CODE, BY RECLAS-
SIFYING HEREINAF-
TER DESCRIBED PRO-
PERTY, IN CONJUNC-
TION WITH ANNEX-
ATION, LOCATED
ALONG DERBY
GRANGE ROAD FROM
COUNTY AGRICUL-
TURAL DISTRICT TO
CITY . R-1 SINGLE-
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 here-
inafter, described pro-
perty, in conjunction
with annexation, from
County Agricultural,]
District to City R-1',
Single -Family Residen-
tial District, to wit:
The east 153.00 feet of
the south 850.00 feet of
Lot 2 Tscharner Place 11
No. 4 and to the
centerline " of the
adjoining public right-
of=way, all in the
County of, Dubuque, I
Iowa.
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
proi!ided by law.
Passed, approved and
adopted this 3rd day of
April, 2017.
/s/Roy D. Mayor
Attest: /s/Kevin S.
Firnstahl, City Clerk
Published officially in
the Telegraph Herald
newspaper on the 7th
day of April, 2017.
/s/Kevin S. Firnstahl,
City Clerk
1t 4/7
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