Zoning 3300 Nightengale KennedyPlanning Services Department
City Hall
50 West 13th Street
Dubuque, Iowa 520014864
(563) 589-4210 office
(563) 5894221 fax
(563) 690-6678
planning@cityoffiubaque.or g
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque IA 52001
RE: Rezoning
Applicant: Patrick & Patricia Kennedy
Location: Property south of Nightengale Lane
Description:To rezone property from R-lc Single-Family Residential, with conditions,
to R-1 Single-Family Residential District.
January 10,2003
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's attorney spoke in favor of the request, noting that the condition to repave the
private drive to City private street standards is not practical because of the topographical
limitations of the site. The condition was applied when the property was rezoned in 1997.
Staff reviewed the timeline of events involving the rezoning and replatting of the property.
Staff concurred with the applicant that a roadway built to City pdvate street standards would
make the driveways of the last three homes on the west side unusable because of the severe
grade that would result.
There were no public comments.
The Zoning Advisory Commission discussed the request and asked about potential
alternatives to reconstructing the driveway to City private standards. Staff discussed the
difficulty of maintaining access with the existing development and terrain.
Recommendation
By a vote of 7 to 0, the Zoning Advisory Commissionrecommendsthatthe City Council
approvetherequest.
A simple majority vote is needed for the City Council to approve the request.
Respectfully submitted,
Eugene Bird, Jr., Chairperson
Zoning Advisory Commissions
Service People Integrity Responsibility Irmovation Teamwork
~ Variance
[3 Conditional Use Permit
[] Appeal
~ Special Exception
[] limited Setback Waiver
PLANNTNG APPLTCATTON FORM
~'~ezoning
[3 Planned Distdct
[] Preliminary Plat
[] Minor Final Plat
[] Text Amendment
[] Simple Site Plan
[] Minor Site Plan
[] Major Site Plan
E} Major Final Plat
[] Simple Subdivision
Ob/of Dubuque
Planning Services Department
Dubuque, ~A $2001-4864
Phone: 583-589-4210
Fax: 563-589-4221
[~ Annexation
~] Temporary Use Permit
[] Certificate of Economic Non-Viability
[] Certificate of Appropriateness
[] Other:
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Fax Number:
Phone:
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Site location/address:
Existing zoning: ~-~ Proposed zoning: ~- ( Historic District: A//~ Landmark:
Legal Description (Sidwell parcel ID# or lot number/block number/subdivision): Lo ~- ~.- l - I -
Total property (lot) area (square feet or acres): ~. ~
Describe proposal and reason necessary (attach a letter of explanation, if needed): ~z'~i~',~
C~RI ihzCAT~ON: 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 becomes public record;
2. Fees are not refundable and payment does not guarantee approval; and
3. All additional required written and graphic materials are attached.
~' Property Owner(s): ~_~_'"~-~
Applicant/Agent:
Date:
Date:
FOR OFF/CE USE ONLY- APPLZ;~CA,~ON SUBt4,, ~ AL CHECKLIST
[] Site/sketch plan [] Conceptual Developn~nt Plan 3Phote · / [] Plat
~ Improvement plans G Design review project description [] Floor plan [] Otber:
Applicant: Patrick & Patricia
Kennedy
Location: Property south of
Nightengale Lane
Description: To rezone property from
R-lc Single-Family Residential
District, with conditions, to R-1
Single-Family Residential District.
REZONING STAFF REPORT Zoning Agenda: February 5, 2003
Property Address:Property south of Nightengale Lane
Property Owner:Patrick and Patricia Kennedy
Applicant:Patrick and Patricia Kennedy
Proposed Land Use: Residential
Proposed Zoning: R-1
Existing Land Use: Residential/vacant
Existing Zoning: R-lC
Adjacent Land Use:
North - Residential
East- Mobile home park
South - Agricultural
West- Recreational
Adjacent Zoning: North -R-1
East -R-4/AG
South -AG
West- County R-2
Former Zoning:
1934 - County; 1975 - County; 1985 - County Total Area: 8.5 acres
Property History: The subject property was annexed to the City in March 1997.
The applicants applied for and received rezoning from Agricultural to R-1 Single-Family
Residential with conditions in August 1997.
Physical Characteristics: The subject parcel is at the end of what is known as, or
unofficially referred to as Nightengale Court. The roadway is a private drive owned by
the applicants. The property slopes to the south and east and can be characterized as
rolling topography.
Concurrence with Comprehensive Plan:
Impact of Request on:
Utilities: Currently there is no sanitary sewer service to the homes on Nightengale
Lane and the private road. The existing homes are on septic systems. The City
Engineering Department is proposing, as part of the capital improvement program
for the coming year, that extension of sanitary sewer service be made to this area.
An 8-inch water main exists in Nightengale Lane. The extension of this water main
to serve the existing homes along the private read can be requested by the
existing homeowners.
Traffic Patterns/Counts: There are no traffic counts available for Nightengale
Lane.
Public Services: The City currently does not provide snow removal or street
maintenance to the residents on the private roadway. The residents must bring
Rezoning Staff Report- Property south of Nightengale Lane Page 2
garbage to the public right-of-way on Nightengale Lane for City crews to pick up.
City crews do not drive on the private roadway because it is substandard in terms
of width and lacks an adequate turnaround.
Environment: Staff does not anticipate any adverse impact to the environment due
to the requested rezoning.
Adjacent Properties: The requested rezoning would remove a condition on
bringing the private driveway up to the City of Dubuque private street standards.
The impact on adjacent properties is difficult to determine because it depends on
the future level of maintenance by the applicants of the private driveway.
CIP Investments: Proposed sanitary sewer main extension in Fiscal Year 2004.
Staff Analysis: The applicants are requesting to rezone the subject property from R-1
Single-Family Residential with conditions to R-1 Single Family Residential without
conditions. The subject property was rezoned to R-1 with conditions in August 1997.
The single condition applied to the rezoning was that the 12-foot wide pdvate read be
brought up to a minimum of private street standards. The applicants agreed to the
condition at the time because they ware in the process of developing a subdivision to
the south that would involve the construction of a new public street that would serve the
new subdivision and also the eight homes along the existing private roadway.
There are eight homes that have an access to a private driveway owned by Patrick and
Patricia Kennedy. The driveway is on its own platted 50-foot wide lot and was
established as part of this subdivision when it was initially developed within Dubuque
County. The houses along this pdvate driveway were built by relatives of the Kennedy
Family. Initially, five homes were annexed into the City of Dubuque as part of the large
annexation that occurred in 1979. The single-family homes are not served by City
water or sewer and garbage pick-up is provided at the private driveway's intersection
with Nightengale Lane. Starting in 1997, the following timeline of events occurred:
Patrick and Patricia Kennedy requested and were approved for annexation of
3.4 acres to the City of Dubuque on January 20, 1997.
Patrick and Patricia Kennedy requested and were approved for annexation of
5.04 acres to the City of Dubuque on March 17, 1997.
Rezoning of the above annexed property from Agricultural to I:{-1 Single-Family
Residential District (8.46 acres) on August 4, 1997. The rezoning was approved
with the condition the driveway be paved to private street standards.
Preliminary plat approval for 13 lots on September 3, 1997 by the Zoning
Advisory Commission (Preliminary plat included a new public street that would
be constructed to Nightengale Lane).
Rezoning Staff Report- Property south of Nightengale Lane Page 3
Preliminary plat approval for a revised plat of 18 lots on December 3, 1997 by
the Zoning Advisory Commission.
Patrick and Patricia Kennedy requested de-annexation of the previously
annexed property on March 18, 1998 (denied by City Council).
Plat of Survey Lot 1, Lot 2, Lot A and Lot B Cedar Ridge Acres No. 3 was
submitted on August 31, 1998. The Plat of Survey wes withdrawn by applicant
because of Planning and Engineering staff's objection to creating an additional
building lot without improvements to existing roadway.
Plat of Survey Lot 1, Lot A and Lot B Cedar Ridge Acres No. 3 was submitted on
September 21, 1998 and approved by City Planner (no additional building lots
were created as part of this plat).
Plat of Survey Lot 2 and Lot C Cedar Ridge Acres No. 3 submitted on May 3,
2002 but not approved by Planning and Engineering staff as it provided for
additional building lot without improvements to existing roadway.
City Engineering, Water, and Planning staff met with property owners along
Kennedy's private driveway and discussed extension of water, sanitary sewer
and street repairs on July 29, 2992.
Notice of Violation dated October 21, 2002 was issued to Patrick and Patricia
Kennedy requiring reconstruction of private roadway to City pdvate street
standards.
City Engineering has proposed a Capital Improvement Project, as part of the
current budget process, for extending City sanitary sewer to the eight (8) homes
in Fiscal Year 2004.
The meeting with the neighbors was arranged because of concerns expressed by them
regarding extension of City water and sewer to serve their homes and condition of the
private driveway. Staff from the Engineering and Water Departments provided
information on process for extension of water and sewer to serve the eight homes along
Kennedy's private driveway and provided preliminary cost estimates to each property
owner. Regarding the condition of the private ddvewey, Planning staff indicated that
the conditional rezoning that occurred in 1997 included a remedy in the conditional
rezoning that if the conditions were not complied with, the property could be rezoned by
the City Council back to the Agricultural District.
Planning staff subsequently met with City legal staff regarding possible alternatives for
enforcing the conditional rezoning. The prescribed remedy within the conditional
rezoning memorandum of agreement was to rezone the property back to agricultural.
Staff believe that this would not be advisable as the area is not suited to agriculture
and the City has more control over the property as a single-family residential parcel.
Legal staff proposed an option of pursuing a Zoning Ordinance violation through the
civil citation process.
Rezoning Staff Report - Property south of Nightengale Lane Page
Planning staff also discussed potential impacts of reconstructing the private drive with
the City Engineering Division. The construction of a 26-foot wide roadway to meet City
private street standards would require extensive regrading of the property and would
create severe slopes on the west side of the property. This would severely impact the
driveways of the last three homes on the west side of the pdvate drive. In addition, at
the July 29, 2002 meeting with neighbors. Property owners indicated that at least two
septic systems currently drain underneath the private driveway and that this situation
may have contributed to problems with the sub-base. The reconstruction of this private
driveway in any manner may disrupt the existing flow of the septic systems and have
unintended consequences for those individual property owners and their septic
systems.
Planning staff recommends that the Zoning Advisory Commission review the
information contained in this staff report and information provided during the public
hearing and determine whether the existing condition applied to the subject property is
still appropriate, should be modified, or deleted.
Prepared by: Reviewed: Date:
Prepared by: Laura Carstens, City Planner Address: 50 W. 13th St., City, Hall Telephone: 589-4210
ORDINANCE NO.. 4-03
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF
THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING
HEREINAFTER DESCRIBED PROPERTY LOCATED AT SOUTH OF
NIGHTENGALE LANE FROM R-lC SINGLE-FAMILY RESIDENTIAL DISTRICT,
WITH CONDITIONS, TO R-1 SINGLE-FAMILY RESIDENTIAL 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 R-1 Single-Family Residential District, with conditions, to R-1 Single-
Family Residential District, to wit:
Lot 1, Lot 2 and Lot A Cedar Ridge Acres No. 2 - Lot 1 of Lot I Mineral Lot
216; Lot 2 of Lot 2 of Lot 2 of Lot 2, Lot1 of Lot 2 of Lot 2 of Lot2 of Lot 1 of
Lot 2 of Lot 2 Cedar Ridge Acres, 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.
provided by law.
Passed, approved and adopted this 17th day of February, 2003.
Attest:
This ordinance shall take effect immediately upon publication, as
Roy D. Buol
Mayor Pro-Tem
Jeanne F. Schneider, City Clerk