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Zoning 3197 Hughes CtPlanning Services Department City Hall 50 West 13th Street Dubuque, Iowa 52001-4864 (563) 589-4210 office (563) 5894221 fax (563) 690-6678 TDD plarming@cityofdubuque.org August21,2002 The Honorable Mayor and City Council Members City of Dubuque City Hall- 50W. 13th Street Dubuque IA 52001 RE: Rezoning Applicant: Schneider Land Surveying/Kevin Kirpes Location: 3197 Hughes Court Description:To rezone property from AG Agricultural District to LI Light Industrial 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 spoke in favor of the request, indicating the location of the proposed rezoning and reviewed the erosion control plan that the Zoning Advisory Commission required be provided. Staff reviewed the surrounding zoning and land use. There were no public comments. The Zoning Advisory Commission discussed the request, noting that the requested rezoning will not adversely impact adjacent property and that the Light Industrial zoning is an expansion of an existing district. 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, Eugene Bird, Jr., Chairperson Zoning Advisory Commission Attachments Service People Integrity Responsibility IrLnovaQon Teamwork Plannin$ Services Division Dubuque. Iowa 52001 (319} PLANNING APPLICATION FORM Zoning Board of Adjustment __ Vadance __ Conditional Use Permit __ Appeal. __ Special Exception __ Limited Setback Waiver Zoning Commission _L//Rezoning __ Planned District __ Preliminary Plat __ Minor Final Plat __ Text/Plan Amendment Development Services Simple Site Plan Minor Site Plan Major Site Plan Major Final Plat PLEASE TYPE OR PRINT LEGIBLY IN INK Property Owner(s): Address: ~/~7~~ t~,¢~'c-~',~3~ ~o/~T City: /_.~c~.~.~_-~ State: //~ Zip: ..~ Applicant/Agent: p~/2 ~-~/~'~-¢- ~,,/.,3~/~¢~. ~D/~ Telephone: .~'~-~- ~d5 Address: /~,~. (~¢')~. /c:3~- Cfty: /;~r'3~7-~¢ State: /~ Zip: Exbffing Zoning: /"/~ Proposed Zoning: -- J Legal Description (metes and bounds, or lot number/block number/subdivision): ~ Total Pmpe~ (lot) Area (~. Feet or Ac~s): ~ ~/ ~f~ Number of lots: / Des~dbe propel and r~o~on neoe~o~ (offoob leffer of explon~ion ff needed): ~0 /~o~e~ CE~FICA~ON: t/we. the undeBigned, do hereby ceff~ th~: 1) ~e info~ation subm~ed here~ is tae and coee¢ to ~e bea ¢ my/our knowledge and upon subm~al b~omes a public record; 2) Fees are not re. ridable and ~ent does not guarantee approval; and 3) All add,lanai required wr~en and graphic m~edaa are affached. Prope~ O~eXs):~ ~ .~ ~ ~ . D~e: FOR OFFICE USE ONLY- AEPLICATION SUBMITrAL CHECKLIST Fee..~.¢.¢"~,.~o-Received b~ ?/~X ~ D~e: ~/~A~ Docket: Prope~ O~e~ip ~: ~e~lan: Floor Plan: P[~: Conceptual Development Plan: Improvement Ra~: ~her: Service People Integrity Responsibility innovation Teamwork Proposed Area to be Rezoned Applicant: Schneider Land Surveying/Kevin Kirpes Location: 3197 Hughes Court.. Description: To rezone property from AG Agricultural District to LI Light Industrial District. REZONING STAFF REPORT Zoning Agenda: July 10, 2002 Property Address: 3197 Hughes Court Property Owner: Kevin Kirpes Applicant: Schneider Land Surveying/Kevin Kirpes Proposed Land Use: Light Industrial Proposed Zoning: LI Existing Land Use: Vacant Existing Zoning: AG Adjacent Land Use: North - Vacant/wooded bluff/ flood plain East - Vacant/wooded bluff/ flood plain South -Industrial West- Industrial Adjacent Zoning: North -R-l/AG East -AG/LI South -LI West - LI Former Zoning: 1934 - County 1975 - County AG; 1985 - LI Total Area: 2 acres Property History: The property served as county agricultural land and was annexed in 1979. The property remained vacant until the mid-1990's when it was subdivided into a five-lot industrial park. The industrial lots are almost fully developed. Physical Characteristics: The property is located at the terminus of Hughes Court. The western half of the lot is slightly sloped and accommodates two steel warehouse buildings. The balance of the lot, which includes the area proposed to be rezoned, is terraced and drops steeply to the Catfish Creek flood plain. The property is bordered on two sides by wooded bluff and flood plain and on two sides by developed industrial lots. Concurrence with Comprehensive Plan: The Comprehensive Plan makes no recommendation for this lot. Impact of Request on: Utilities: Existing utilities are adequate to serve the site. Traffic Patterns/Counts: The IDOT 1997 average daily traffic counts indicate 4,580 vehicle tdps per day along Cedar Cross Road north of the subject site and 6,200 vehicle trips per day on Cedar Cross Road south of the subject site. These numbers may have increased significantly because of the realignment and upgrade of Cedar Cross Road, Fremont Avenue and Kelly Lane. REZONING STAFF REPORT Page 2 Public Services: Existing public services are adequate to serve the site. Environment: The area to be rezoned lies directly adjacent to, but outside of, the Catfish Creek flood plain. Because of the extreme grade change between the existing developed lot and the lower lot, a significant amount of fill will be necessary. Adequate erosion control and fill technique will be necessary to prevent fill material from sliding or washing into the flood plain. Adjacent Properties: Because of the distance to adjacent residential properties, there should be very limited impact to these properties. CIP Investments: None proposed. Staff Analysis: The applicant is proposing to rezone an approximately two-acre portion of an existing parcel that is located at the northern terminus Hughes Court. The bulk of the existing parcel is currently zoned Light Industrial and has two steel warehouse style multi-tenant industrial buildings on it. The two-acre portion of the parcel under consideration for rezoning lies well below the balance of the lot, along the Catfish Creek flood plain. No portion of the area to be rezoned lies in the flood plain. The property is surrounded by either the Catfish Creek flood plain and wooded bluffs or existing industrial development along Hughes Court. The parcel is somewhat visible from the residentially zoned property across Catfish Creek and the railroad right-of-way to the north. The parcel is, however, approximately 500 feet from the nearest developable portion of the residential property. The addition of two acres of industrial property at this location should generate very little additional traffic onto Hughes Court and Cedar Cross Road. It will, however, be necessary to drive across two existing contractor yard areas to access the lower portion of the parcel. Also, a large amount of fill must be placed on the lot to elevate it to the grade level of the existing development. Staff notes that no filling can occur on the flood plain without a permit and that during the filling and development process adequate erosion control measures must be taken so that fill does not slide into or wash into the Catfish Creek flood plain. Staff recommends that the Commission review Section 6-6.1 of the Zoning Ordinance that establishes criteria for reviewing rezoning requests. Prepared by: ________________Reviewed:_________________ Date:July 3, 2002 MEMORANDUM August 6,2002 To: Zoning Advisory Commission From: Guy Hemenway, Assistant Planner Subject: Erosion Control Plan for property at 3197 Hughes Court At the July 10, 2002 Zoning Advisory Commission meeting, Commissioners asked that the application of Mr. Kevin Kirpes and Schneider Land Surveying for rezoning to the property at 3197. Hughes Court be tabled in lieu of additional information. Commissioners requested the applicants to supply an erosion control would be managed for this site. The applicants have submitted an erosion control plan for this property as requested, a copy of which is attached to this memo. Staff recommends that the Commission review this erosion control plan prior to rehearing the rezoning request on August 14, 2002. GH/mkr Attachment Prepared by: Laura Carstens, City Planner Address: 50 W. 13th St., City Hall Telephone: 589-4210 ORDINANCE NO.__________________ -02 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT THE END OF HUGHES COURT FROM AG AGRICULTURAL DISTRICT TO LI LIGHT INDUSTRIAL 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 LI Light Industrial district, as shown in Exhibit A, 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 September ,2002. ________________________ Terrance M. Duggan, Mayor Attest: _________________________ Jeanne F. Schneider, City Clerk F~-ep=,-=~ by: SCH~;TnFR Land Surveying and Planning P.O.Box t05 Peosta, Iowa 52068 REZONING PLAT EXHIBIT A cou, IN THE CITY OF ~BUGUE, ~BUG~ COUNTY, IONA ~ ....... ~. q ~ N' ~Y C~R mu~nz=, un. OF LOT HU~S C~RT __. ~ ~FO~ 5/8' INVES~T ~ANY - / ~ , ~ a.k.a. ~S ~EST~ ~-7 ~ ~ ~ nAP CO'ORATZON ~'0~,3. ~' ~ SURVEY REQU~T~ BY: ~~ ~._ OUBUQ~, ,O,A 5~03 . ~ 56~84~6 / ~ ~ ' o i EXIS~ ZONING: % / '~/ oOB-~B ~F~ 5/8" ~'O~'O~"E, 2~.~ fee~; ~hence S~4 ~4 35 E, ~34.~ ~ ~/ fee~; ~hence S7~'~'02'E, ~94.84 fee~ ~o ~he sou~he~3y CAP ~4850 ]~ne of sa~d LO~ ~ ~hence S78'27'~'H. 275.~9 fee~ (T~. U~ESS along sa~d sou~heP]y ]~ne; ~hence fee~; ~hence NTa'5g'40'N, ~g8.20 fee~ ~o ~he ~) noP~hwes~eP]y 3~ne of sa~d Lo~ 2; ~hence N3g'~8' ~g'E. $93.04 feet along sa~d o~ beginning, containing a.08 ac~es.  GRAPHZC SCALE ~"=~00 ' 0 ~00 200 300 Z hePeby cePt~fy ~ha~ ~h~s land suPvey~ng documen~ was SC~R by me oP u~eP my d~ec~ pePsona] supePv~s~on and ~hat Land SuPvey~ng Z a~u]y ]~ce~e=~Land ~veyoP u~eP ~he Planning '~i ~_..'~ / / / \" '~~;~/ / , SC~gU~ EROSION CONTROL PLAN P~ann~ng 3t97 HUGHES COURT PART OF LOT 2. HUGHES COURT SUBDIVISION IOWA ~' ~N THE CiTY OF DUBUQUE, DUBUQUE COUNTY, iOWA ~ax