Request to Rezone - Royal Oaks Development Corporation_TABLED Copyrighted
May 21 , 2018
City of Dubuque Public Hearings # 1.
ITEM TITLE: Request to Rezone - Royal Oaks Development Corporation
in Conjunction with Annexation -Tabled from April 16, 2018
SUMMARY: City Manager recommending that the City Council re-table
the public hearing on the rezoning request from Royal Oaks
Development to the June 18, 2018 City Council meeting, to
allow time for the Zoning Advisory Commission to
reconsider the rezoning at their June 6, 2018 meeting, and
then provide a recommendation to the City Council for the
June 18, 2018 meeting.
SUGGESTED DISPOSITION: Suggested Disposition: Remove from Table; then Table to
June 18, 2018 Meeting
ATTACHMENTS:
Description Type
Rezoning Request of Royal Oaks-NNM Memo City Manager Memo
Staff Memo re Tabling 5/21/18 Staff Memo
Royal Oaks Rezoning Request-NNM Memo 4/16/18 Supporting Documentation
Staff Memo 4/16/18 Supporting Documentation
Applicant Material Supporting Documentation
Staff Material Supporting Documentation
Ordinance Ordinance
Suggested Nbtion Wording Supporting Documentation
THE CITY OF Dubuque
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UB E '�� III►
Masterpiece on the Mississippi Z°°'�w'2
7A13 2017
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Rezoning Request by Royal Oaks Development Corporation in
Conjunction with Voluntary Annexation — Request to Table to June 18,
2018
DATE: May 17, 2018
Planning Services Manager Laura Carstens recommends the City Council table the
public hearing on the rezoning request by Royal Oaks Development Corporation to the
June 18, 2018 meeting to allow time for the Zoning Advisory Commission to reconsider
the rezoning at their June 6, 2018 meeting, and then provide a recommendation to the
City Council for the June 18, 2018 meeting.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
�� �� ���
Mic ael C. Van Milligen �� �
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Teri Goodmann, Assistant City Manager
Cori Burbach, Assistant City Manager
Laura Carstens, Planning Services Manager
Dubuque
THE CITY OF
U� � All-America City
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Masterpiece on the Mississippi �
zoo�•zoiz•zois•zoi�
T0: Michael C. Van Milligen, City Manager
FROM: Laura Carstens, Planning Services Manager �c�.�
SUBJECT: Rezoning Request by Royal Oaks Development Corporation in
Conjunction with Voluntary Annexation — REQUEST TO TABLE TO
JUNE 18, 2018
DATE: May 17, 2018
INTRODUCTION
Royal Oaks Development Corporation has requested tabling their request to rezone
approximately 19.23 acres of property to R-3 Moderate Density Multi-Family
Residential, concurrent with tabling their 100% voluntary annexation request.
DISCUSSION
On May 2, 2018, the Zoning Advisory Commission tabled the R-3 rezoning request for
the property at the applicant's request. The Commission will consider the rezoning at
their June 6, 2018 meeting. Notices to property owners within 200 feet will be re-sent.
The rezoning request must be considered by the City Council prior to Council action on
the voluntary annexation request. If the rezoning is not approved, then the annexation
request is no longer voluntary, and will be withdrawn. Tabling the rezoning public
hearing to June 18, 2018 will allow for the Commission to reconsider the rezoning at
their June 6, 2018 meeting, and then provide a recommendation to the Council.
RECOMMENDATION
Staff recommends the City Council table the public hearing on the rezoning request to
the June 18, 2018 meeting, to allow time for the Zoning Advisory Commission to
reconsider the rezoning at their June 6, 2018 meeting, and then provide a
recommendation to the Council for the June 18, 2018 meeting.
Enclosures
cc: Kyle Kritz, Associate Planner
F:\Users\WwernimoWnnexation\Royal Oaks\Memo MVM Royal Oaks rezoning table 6 18 18.doc
THE CITY OF Dubuque
�
AIFA�erlwGh
UB E '�� III►
Masterpiece on the Mississippi Z°°'�w'2
7A13 2017
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Rezoning Request by Royal Oaks Development Corporation in
Conjunction with Voluntary Annexation — REQUEST TO TABLE TO
MAY 21 , 2018
DATE: April 5, 2018
On April 4, 2018, the Zoning Advisory Commission tabled the R-3 rezoning request for
the property based on questions from surrounding property owners about the
subdivision's future covenants and street access which the applicant was not prepared
to answer.
Planning Services Manager Laura Carstens recommends the City Council table the
public hearing on the rezoning request of Royal Oaks Development to the May 21 , 2018
City Council meeting, to allow time for the Zoning Advisory Commission to reconsider
the rezoning at their May 2, 2018 meeting, and then provide a recommendation to the
City Council for the May 21 , 2018 meeting.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
�� �� ���
Mic ael C. Van Milligen �� �
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Teri Goodmann, Assistant City Manager
Cori Burbach, Assistant City Manager
Laura Carstens, Planning Services Manager
Dubuque I
THE CTTY OF �
DT T� � NI•IlmericaCi�y
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Masterpiece on the Mississippi
zoov.xon.an�.zov
TO: Michael C. Van Milligen, City Manager
FROM: Laura Carstens, Planning Services Manager`��'�
SUBJECT: Rezoning Request by Royal Oaks Development Corporation in
Conjunction with Voluntary Annexation — REQUEST TO TABLE TO
MAY 21, 2018
DATE: April 5, 2018
INTRODUCTION
This memorandum transmits a rezoning to R-3 Moderate Density Multi-Family
Residential request filed by Royal Oaks Development Corporation for approximately
19.23 acres of property, concurrent with a 100% voluntary annexation request. The
rezoning application, maps, staff report, and supporting documents are enclosed.
DISCUSSION
On April 4, 2018, the Zoning Advisory Commission tabled the R-3 rezoning request for
the property based on questions from surrounding property owners about the
subdivision's future covenants and street access which the applicant was not prepared
to answer.
The rezoning request must be considered by the City Council prior to Council action on
the voluntary annexation request. If the rezoning is not approved, then the annexation
request is no longer voluntary, and will be withdrawn. Tabling the rezoning public
hearing to May 21, 2018 will allow for the Commission to reconsider the rezoning at
their May 2, 2018 meeting, and then provide a recommendation to the Council.
RECOMMENDATION
Staff recommends the City Council table the public hearing on the rezoning request to
the May 21 , 2018 meeting, to allow time for the Zoning Advisory Commission to
reconsider the rezoning at their May 2, 2018 meeting, and then provide a
recommendation to the Council for the May 21 , 2018 meeting.
Enclosures
cc: Thomas Henschel, Chairperson, Zoning Advisory Commission
Kyle Kritz, Associate Planner
F:\Users\Wwernimo�,4nnexation\Royal Oaks\Memo MVM Royal Oaks remning table.doc I�
I
Dubuque Planning Services Department
THE CITY OF � City Hall-50 West 13'"Street
DT T� � +ia4na�t Dubuque,IA 52001-4805
U ������ (563)589-4210 phone
(563)589-4221 fax
MnStCYpiCCe Ori the MisSiSSlppi _��y.:»} (563)690-6678 TDD
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PLANNING APPLICATION FORM
❑Variance ❑Preliminary Plat ❑Simple Subdivision ❑Certificate of Appropriateness
❑Conditional Use Permit ❑Major Final Plat ❑TeM 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 orint leqiblv in ink .
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Propertyo�vner(s): ova� �c,�Gi� Fei%cz�on:m�nf- Lv'�Pcf��:v� Phone: .SL3 _.J�•� .- 744�y
Address: Sl� ,� � '�'M '�;, P���X$-U City: i'��'7�ti State: 6�} Zip: ;� �t7�=$
Fax #: Cell #: E-mail:
Applicant/Agent: /' ' �G�a L� -1 �J2�v' Phone: S�E 3 -,r,>'4 6 -�t�i�i 3
Address: �(� 7`6`1 '��rti ��U� City: �r��ir� State: ��f Zip; .SLa� 2
Fax #: ce�l #: SG3 - SyC-`P`t`l3 E-mail: iM�,W'�'J�r.Z� l���h�rxr� �e�. Ce;-r�
Site location/address: S ��v�r (i c� ��s L S�-q�c� Neighborhood Association:
Existing zoning: ���� Proposed zoning: �C ' � District: Landmark: �Yes ❑ No
Legal Description (Sidwell parcel ID# or lot number/block number/subdivision): S�=e �: �'�'•c�ec� ( ;S�" �, /Y(��,
Total property(lot)area (square feet or acres): l �,� 3 G-,c�,-
Describe proposal and reason necessary (attach a letter of explanation, if needed): �� h �1 �Ku '��v:, qnd �2zu:+���j
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CERTIFICATION: I/we, the undersigned,do hereby certify/acknowledge that:
l. It is the property owner's responsibilib�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
rewrd;
3. Fees are not refundable and payment does not guarantee approval; and
4. All additional required writteryaryd graphic er' Is are attached. I
//��� /
Property Owner(s): l Date: �—C��� li� �
r/
Applicant/Agent: " � �1�� Date: Z/��/ZC�f�
FOR OFFICE USE ONLY-APPLICATION SUBMITTAL CHECKLIST
Fee: �Received by: � ` Date:�Docket:
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REZONING STAFF REPORT Zoning Agenda: April 4, 2018
Property Address: Silver Oaks Estates
Property Owner: Royal Oaks Development Corporation
Applicant: Michael J. Weber
Proposed Land Use: Residential Proposed Zoning: R-3
Existing Land Use: Agricultural Existing Zoning: County R-2
Adjacent Land Use: North — Residential Adjacent Zoning: North — County R-2
East— Residential County R-2
South — Agricultural County R-2
West— US61/151 Highwaylnterchange West — CityAG
Former Zoning: 1934 — County; 1975 — County
1985 — County Total Area: 19.23 acres
Property History: The subject property has been utilized for agricultural production.
The property was platted in March 2017 as part of a residential county subdivision.
Physical Characteristics: The subject property is located at the intersection of Elmwood
Drive and Silver Oaks Drive. The property consists of 12 platted lots with frontage
along Silver Oaks Drive (private road) and two platted lots with frontage along Elmwood
Drive (county right-of-way). Silver Oaks Drive has a 66-foot-wide platted right-of-way
and approximately 26 feet of pavement with no curb, gutter, shoulders or sidewalks.
Elmwood Drive has 72-foot-wide platted right-of-way and approximately 20 feet of
pavement with no curb, gutter, shoulders or sidewalks. The platted lots range in size
from 1 acre to 2 acres.
Royal Oaks Development Corporation is in the process of applying to rezone the
property to R-3 Moderate Density Multi-Family Residential concurrently with annexation.
Imagine Dubuque Comprehensive Plan Recommendations: �
Multi-Family - Encourage a mix of housing affordable for all segments of Dubuque's
populations throughout the community, including options for those who might be saving
for their first home.
Future Land Use Map — Single-Family Residential.
Impact of Request on:
Rezoning Staff Report — Silver Oaks Estates Page 2
Utilities: City water is available to the site along the Elmwood Drive frontage and
there is a hydrant at the intersection of Elmwood Drive and Silver Oaks Drive. The
water main is adequate to serve the proposed development. City sanitary sewer
service is also available along the Elmwood Drive frontage. The sewer main is
adequate to serve the proposed development.
Traffic Patterns/Counts: There are no traffic counts available for Silver Oaks Drive
or Elmwood Drive which provide access to the development. The property was
already developed as a residential subdivision in the county. The change from a
county subdivision to a city subdivision should add very little traffic to Elmwood
Drive and Silver Oaks Drive. Elmwood Drive was the former US Highway 61 and
carried a large volume of traffic. A new frontage road is under construction as part
of the Southwest Arterial project.
Public Services: Existing public services are adequate to serve the site.
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 parcel to R-3 Moderate
Density Multi-Family allows single-family, duplexes and 3 to 6-unit buildings
(apartments/townhomes). The adjacent properties to the north are part of a single-
family residential subdivision and the properties to the east and south are vacant
agricultural land slated for future residential development. The property to the west
is the Elmwood Drive and US Highway 61/151 right-of-way. The proposed
rezoning should have very little impact on the adjacent uses.
CIP Investments: None proposed.
Staff Analysis: The applicanYs request is to rezone the subject property from County
R-2 Residential to City of Dubuque R-3 Moderate Density Multi-Family Residential in
conjunction with annexation of the property to the city of Dubuque.
The subject property is located at the intersection of Elmwood Drive and Silver Oaks
Drive. The property consists of 12 platted lots with frontage along Silver Oaks Drive
(private road) and two platted lots with frontage along Elmwood Drive (county right-of-
way).
Within the past two years, the City of Dubuque has installed water and sewer service to
the airport. These public utilities run along Elmwood Drive and can adequately service
the site. A new frontage road (Elmwood Drive) is being constructed as part of the
Southwest Arterial project and will provide access to Silver Oaks Subdivision as well as
the other adjacent county subdivisions.
Rezoning Staff Report — Silver Oaks Estates Page 3 �
Recommendation
Planning staff recommends that the Zoning Advisory Commission review the
information in this packet and make a recommendation on the requested rezoning to
the City Council in accordance with Section 16-9-5 of the Unified Development Code for
zoning reclassification.
Prepared by: eviewed: Date: .3 •ZG '�8
Prepared by: Laura Carstens. Citv Planner Address: Citv Hall. 50 W. 13th St Telephone: 589-4210
Return to: Kevin FimstahL CiN Clerk Address: Citv Hall-50 W. 13t°St Telephone: 589-4121
ORDINANCE NO. -18
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
SILVER OAKS DRIVE FROM COUNTY R-2 SINGLE-FAMILY RESIDENTIAL DISTRICT
TO CITY R-3 MODERATE DENSITY MULTI-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 R-2 Single-Family Residential District to City R-
3 Moderate Density Multi-Family Residential District, to wit:
Lots 31 thru 42, Inclusive, of Silver Oaks Estates and Lot 1 and Lot 2 of Walter
Metcalf Place.
Section 2. That the foregoing amendment has heretofore been reviewed by the
Zoning Advisory Commission of the City of Dubuque, lowa.
Section 3. This Ordinance shall take effect immediately upon publication as
provided by law.
Passed, approved and adopted this day of 2018.
Roy D. Buol, Mayor
Attest:
Kevin S. 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 6, 2018, and for which the charge is $30.29.
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this /a 46 day of 20 / .
CITY OF DUBUQUE,
IOWA
OFFICIAL NOTICE I
NOTICE. is hereby
given that the Dubuque
City Council will con-
duct public hearings at
a meeting to com-
mence at 6:00 p.m on
Monday, April 16, 2018,
in. the, Historic Federal 1
Building,; second floor,
350 West 6th Street, on
the following
Planned Unit
Development , (PUD)
Amendments
Request by Dubuque
South Pointe LLC /
Aaron Healey for the
South Point Subdivi-
sion to revise Dubuque
South Pointe ,Develop-
ment PUD Planned Unit
Development to modify
bulk standards for
Townhouse Lots.
Request by the City. of
Dubuque to amend the
Millwork District PUD
Planned Unit Develop -
a newparking
lotentllow
at 1146 Elm
Street:
Notary Public in and for Dubuque County, Iowa.
Institution District 1
ID) Amendments
Request by Mercy
Hospital to amend ID
Institution District to
allow a new surface
parking lot east of
helipad on Mercy
Drive.,
Rezonings.
Request•. by Royal
Oaks / Michael Weber
to rezone 19 23 acres in
Silver' Oaks Estates
from county to R-3
Moderate Density Multi•
Family Residential Dis-
trict in, Conjunction
with annexation to the
City, of Dubuque.
Request by Sam
Murley and Ron Klein
to rezone , approxi-
mately 4 acres on
Stone Valley - Drive
from C-3 General
Commercial to PUD
Planned Unit Develop-
ment, with a PR
Planned `, Residential
designation.
Copies of supporting
documents for the
public hearings are on
file in the City Clerk's
Office, City Hall, 50 W.
13th ` St., Dubuque,
Iowa, and may be
viewed during normal
working hours.
Written comments
regarding the above
public hearings may be
submitted, to the City
Clerk's Office on or
before said time ofpla
timeandplac
bic hearing said
public hearings all
interested citizens arid
parties will be given an
opportunity to be
heard for or against
said proposal.
Any visual or hearing-
impaired persons need-
ing special assistance
or persons with special
accessibility ''
needs
should contact the City
Clerk's Office at (563)
1 589-4100; or TDD (563)
690-6678 at least 48
hours prior to the
meeting. Kevin S. Firnstahl;
CMC, City Clerk
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