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Rezone City of Dubuque 8113 Rt 61 Silver Oaks Pump Station_Rt. 61 Copyrighted August 3, 2020 City of Dubuque Public Hearings # 2. City Council Meeting ITEM TITLE: Rezone City of Dubuque 8113 Rt 61 Silver Oaks Pump Station SUM MARY: Proof of publication on notice of public hearing to consider a request from City of Dubuque to rezone 1 acre located at 8113 RT 61 from County R-2 Single-Family Residential to City R-2 Two-Family Residential Zoning District 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 8113 Rt. 61 from County R-2 Single-Family Residential to City R-2 Two-Family Residential SUGGESTED Suggested Disposition: Receive and File; Motion B; MotionA DISPOSITION: ATTACHMENTS: Description Type Staff Memo Staff Memo Application Supporting Documentation Vicinity Map Supporting Documentation Location Map Supporting Documentation Staff Report Supporting Documentation Ordinance Ordinance Suggested Motion Wording Supporting Documentation Planning Services Department Dubuque City Hall THE CITY OF � 50 West 13t"Street �I;M�n,� Dubuque,IA 52001-4864 �� (563)589-4210 phone , I I I (563)589-4221fax (563)690-6678 TDD �VlasteYpiece on the Mississippi 2017+2019 planning@cityofdubuque.org July 8, 2020 The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 13t" Street Dubuque IA 52001 Applicant: City of Dubuque Location: 8113 Rt. 61 Description: To rezone 1 acre from County R-2 Single-Family Residential to City R-2 Two Family Residential zoning district concurrent with annexation to the City of Dubduque 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 City of Dubuque was the applicant in this case. Staff spoke in favor of the request, noting that the property is a one-acre lot located along the Highway 61 frontage on Dubuque's south end. Staff said that the property accommodates a City water pump station that provides water to the Dubuque Regional Airport and is designed to serve future residential development in the area. Staff said that the request is to rezone the property from County R-2 Single-Family Residential district to City R-2 Two-Family Residential district. Staff noted that City utilities are permitted in all residential districts and that the proposed rezoning represented an expansion of the R-2 district abutting the subject property to the north. Staff noted that the request to rezone is concurrent with annexation and that as two other properties to the south are also requesting annexation, the City property would be required by state law to be included so as to not create an island. There were no public comments. The Zoning Advisory Commission discussed the request, and found it appropriate. Recommendation By a vote of 6 to 0, the Zoning Advisory Commission recommends that the City Council approve the request. Service People Integrity Responsibility Innovation Teamwork The Honorable Mayor and City Council Members Page 2 A simple majority vote is needed for the City Council to approve the request. Respectfully submitted, C� Martha Christ, Vice Chairperson Zoning Advisory Commission Attachments Service People Integrity Responsibility Innovation Teamwork Dubuque THE CITY OF � City of Dubuque AIIxAmeri�aCiq Planning Services Department ��K_,H,�� UR � � I I I I� Dubuque, IA 52001-4845 �J Phone: 563-589-4210 zoo��zoiz•zoi3 Fax: 563-589-4221 Masterpiece on the Mississippi 2017*2019 planning@cityofdubuque.orq 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 ❑■Rezoning/PUD/ID ❑Major Site Plan ❑Historic Housing Grant ❑Port of Dubuque/Chaplain Schmitt Island Design Review Please tvpe or print leqiblv in ink Prape�YaWner�S�:City of Dubuque Phone: 563-589-4110 Address:�O W. 13th Street �;ty: Dubuque State: IA Z;p:52001 Fax #: Cell #: E-mail: Applicant/Agent: MlChael C. Van Milligen Phone: `�V�-589-4110 Address:�O W. 13th Street �;tY: Dubuque State: lA Z;p;52001 Fax #: Cell #: E-mail: Ct�/I�lgr@Clt�/OfCIUbUC�Ue.org Site location/address:8113 Rt. 6� Neighborhood Association: N�A Existing zoning:COUCIt�/ R-2 Proposed zoning;Clt�/ R-Z District: 'V/~ Landmark: ❑ Yes ❑■ No Legal Description (Sidwell parcel ID# or lot number/block number/subdivision): � �.��.451 .0�5 Total property(lot)area (square feet or acres):One ACre Describe proposal and reason necessary(attach a letter of explanation, if needed): To rezone 1 acre from County R-2 Single-Family Residential to City R-2 Two-Family Residential zoning district concurrent with annexation to the City of Dubuque. 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 written and graphic materials are attached. Property Owner(s): Date: Applicant/Agent: Date: V'��-�O�O FOR OFFICE USE ONLY-APPLICATION SUBMITTAL CHECKLIST Fee: �V/~ Received by: Date: 6-22-2020 Docket: � � •� ��- , , Dubuque � '-� �� THE CTTY OF � � , NI�Ameriq Ciry � .. • � . - - - - - - ■�- �UB E 'I��I�' — ■ � zoa�.zaiz•zois e � - Masterpiece on the Mississippi zov*zoi9 _ � � �." -• �.` � 'l .� / . i . �� '� , ,; Vicinity Map � � /�i . , \ t�t � O , . / ' ' . - ._. I^ "P �\_ i �� ,`y a � \ � ` ,1 t `� `,1_ \ / .. ., o _ r —I,`,I J`�� Ao �11\ . � •� \ � . � `l �� `}� ` r •V� ° _ I 5� 1 �. . � nseuRrRo �-, r % �:��y, � � ^�__I J�� I �� jJ' j • • � •° ` -- �_ i�� / � � . . ,� /� '�' L I`y��I DODGEST � • . . . {�� Irr-'}' r- «` - �`\ � V . I ��—� � � l \ ' O I ,,� � ; r, m ; ` " i C`�i � I � i o, ♦ ' ,% -� ;s�_i i__��, �. o .�. � � • r _�-- j_L �:�� . Y � i � � � ... , . o � � .. I j r _ ,�"`' o'� �� ,� a,,::f� � '`','y � : � ;� ,, � City of Dubuque "�, . , �— .;, , . � � � • o ' i � ,F'�:a, r n d. : r�� ♦ � ' . Applicant: City of Dubuque a / � '. w� " t � �� • � �'' ` Location: 8113 Rt 61 �,` •• , •r. � �r,�+� , ` { �; • ; East of Highway 61 and Cycle Club Ln . � j ! '. � _.. . � � , � �. i^ �.:• t` ♦ � � � ' Proposal: To rezone parcel from County R-2 � � •. � �" Single-Family Residential to City R-2 � ♦ � � ;:;��', ' Two-Family Residential zoning district �� ♦ � • �-� ► - •. v.. . : concurrent with annexation to the , �rp 4� �� ' � ' ' �'` " City of Dubuque � � � � ,♦ �� : �� • .st.� ..�� '�` , � ` � • �.. . . ' :•.�r+•� r� ':� � Subject Properties _ � � 1 - �� :� 'r:• � . . �' � , ♦ ' '"' , � - i Clty �IIl11tS � ■ �,� , • - ' ■ ` � r r. .r� • � �, • . ..;. ! � ■ � '�' �' ' a a•� - .,� , .. _. ' �� . _ ,i'. � � is� • _ � s � �� -'y Nn � �j 0 500 1,000 2,000 N �° Y� � __�...� , � Feet � "iC°J �� ' � • . _ �,�, 1:20,000 10697 ;�5.'. rl s, /; ''�� 10170 �y�� ; t ��, ;s'.Z.`l� ,� ,r � j� ' , ,8� � � ' : .a• ao ao o �� .v JGj � �F i .. � � � 61 9 O.,. N � � M O F [O � �4� / � I� �' (,J GO � - _ln� �fJ 7 � ,�; ;. . % �� N ' �' ....�(1.r. pp L o0 00< �.pp o0 i,, a0 ' -�� '�^•,:` lT� ` .y . 00 ��/. '� i. 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R �., _ , . �a, --- -- - ----- _ ,�- � -----�- . , :. . > . �.. ---� --------- ,.�. �:: ,: , - ' �-, �� , .�i:" --- ..-- —�---.� � . �` � �� -� ' �949� ` a� .� *a- ,� a" �� ,..r'r +� �;,,; 7943 r� t i' � � ,�r�a X , - � +�a `�s�(�k.: .r �I a `� � �; a�- � , • �� ^ � Legend � . �� --��': �DUBUQUE CITY LIMITS ��`�� t�� , , � p Property Owner � F } � � � ' ; �� c� � � DUBUQUE,CITY OF ��`�te, � , ' m n ' IOWA,STATE OF(DEPT.OF TRANSPORTATION) �.� G - � ROYAL OAKS DEVELOPMENT CORP �,ti � � � ` 7901' � ;, � � SPIEGEL FAMILY REALTY COMPANY IOWA LLC ` � „ HAWGBACK I: 3�, 10399 _ 10286 0' '�'0�t , 10399 � REZONING STAFF REPORT Zoning Agenda: July 1, 2020 Property Location: 8113 Rt 61, Lot 1 Silver Oaks Property Owner: City of Dubuque Applicant: Michael C. Van Milligen Proposed Land Use: Public Utility Proposed Zoning: R-2 Existing Land Use: Public Utility Existing Zoning: County R-2 Adjacent Land Use: North —Agricultural Adjacent Zoning: North - R-2 East—Agricultural East - R-2 South —Agricultural South - County R-2 West— US 61/151 Highway right-of-way West—AG Former Zoning: 1934 — County; 1975 — County 1985 — County Total Area: 1 acre Property History: The subject property has recently been purchased by the City of Dubuque and converted from agricultural use to a City water pump station. Physical Characteristics: The subject property is a relatively level one-acre lot that accommodates a 1,000 square foot pump station and associated parking with access to US Highway 61. The property has over 250 feet of frontage along the U.S. Highway 61. Imagine Dubuque Comprehensive Plan Recommendations: Land Use - Institutional — Support essential public facilities and services for future growth and ensure that everyone in the community has equitable access to these services. Future Land Use Map — Single-Family Residential. Impact of Request on: Utilities: City water is pumped by this facility to the airport along the Highway 61 corridor. There are two hydrants at this property. Sanitary sewer will be available when the adjacent residential subdivision is developed. Traffic Patterns/Counts: IDOT traffic counts indicate over 17,000 vehicle trips per day along U.S. Highway 61 north of the subject property. The change from a county subdivision to a city subdivision should generate very little additional traffic. Rezoning Staff Report— Spiegel Family Realty Company lowa LLC Page 2 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 complies with established City standards for storm water management and erosion control. Adjacent Properties: The proposed rezoning will not alter the current land use and will have little impact on the adjacent properties. CIP Investments: None proposed. Staff Analysis: The applicant's request is to rezone a one-acre City lot that is currently located in the County and that accommodates a 1,000 square foot City water pump station from County R-2 to City R-2 in conjunction with annexation. The property is located on the city's far south side along U.S. Highway 61 approximately 3/4 mile north of the north entrance to the Dubuque Regional Airport. The pump station supplies water to the Dubuque Regional Airport and will provide water to subsequent residential development of the surrounding properties. This rezoning is consistent with the Imagine Dubuque Comprehensive Plan. The City of Dubuque uses this facility to increase its capacity to provide substantial municipal services to the future annexation territory. The proposed rezoning will not alter the current land use, will be consistent with surrounding zoning and will have little impact on the adjacent properties. Recommendation Planning staff recommends that the Zoning Advisory Commission review the information provided with this packet and forward a recommendation regarding the rezoning to the City Council in accordance with Section 16-9-5 of the Unified Development Code for zoning reclassification. r Prepared by: G�I.LU H�2Wt,eV�.WG11�1 Reviewed. Date: 6-25-2020 Prepared by: Wally Wernimont, City Planner Address: City Hall, 50 W. 13th St Telephone: 5563-589-4210 Return to: Kevin Firnstahl, City Clerk Address: City Hall- 50 W. 13th St Telephone: 563-589-4121 ORDINANCE NO. 28-20 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY, IN CONJUCTION WITH ANNEXATION, LOCATED AT 8113 RT 61 FROM COUNTY R-2 SINGLE-FAMILY RESIDENITAL TO CITY R-2 TWO-FAMILY RESIDENTIAL NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is hereby amended by reclassifying the hereinafter described property, in conjunction with annexation, from County R-2 Single -Family Residential to City R-2 Two -Family Residential, to wit: Lot 1 Silver Oaks, in Dubuque County, 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 3rd day of August 2020. Roy D. Buol, Mayor Attest: Kev/i!n S. Firnstafil, City Clerk STATE OF IOWA SS: DUBUQUE COUNTY CERTIFICATE OF PUBLICATION I, Kathy Goetzinger, 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: 08/07/2020 and for which the charge is 14.91 Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this 7th day of August, 2020 K Notary b1ic in and for Dubuque County, Iowa. Cam• JANET K. PAPE Commission Number 199869 My Comm. Exp. DEC 11, 2022 Ad text : OFFICIAL PUBLICATION ORDINANCE NO. 28-20 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY, IN CONJUCTION WITH ANNEXATION, LOCATED AT 8113 RT 61 FROM COUNTY R-2 SINGLE-FAMILY RESIDENITAL TO CITY R-2 TWO-FAMILY RESIDENTIAL NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is hereby amended by reclassifying the hereinafter described property, in conjunction with annexation, from County R-2 Single -Family Residential to City R-2 Two -Family Residential, to wit: Lot 1 Silver Oaks, in Dubuque County, Iowa Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This nrdinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted 3rd day of August 2020. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 7th day of August 2020. /s/Kevin S. Firnstahl, City Clerk It 8/7 STATE OF IOWA SS: DUBUQUE COUNTY CERTIFICATE OF PUBLICATION I, Kathy Goetzinger, 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: 07/30/2020 and for which the charge is 32.97 Subscribed to before me, a Notary Pu 1ic in and for Dubuque County, Iowa, this 30th day of July, 2020 4111, Notary 41 blic in and for Dubuque County, Iowa. JANE'T K. PAPE ComomI$sion Nun b r1199859 2 22 r Comm. Exp. Ad text : CITY OF DUBUQUE, IOWA OFFICIAL NOTICE NOTICE is hereby given that the Dubuque City Council will conduct public hearings at a meeting to commence at 6:30 p.m. on Monday, August 3, 2020 by virtual means on the following: Rezonings Request from City of Dubuque to rezone 1 acre located at 8113 RT 61 County R-2 Single -Family Residential to City R-2 Two -Family Residential Zoning District concurrent with annexation to the City of Dubuque. Request from Spiegel Family Realty Company Iowa LLC; Mike Weber, Weber Surveying LLC, to rezone 7.05 Acres and .60 Acres of State property located east of Highway 61 and South of Cycle Club Lane from County R-2 Single -Family Residential to City R-2 Two -Family Residential Zoning District concurrent with annexation to the City of Dubuque. Due to the ongoing COVID-19 pandemic, the City Council might meet virtually through GoToMeeting. The official agenda will be posted on July 31, 2020 and will contain location, listening, viewing, and public input options. The City Council agenda can be accessed at https://cityofdubuque.novusagenda.com/AgendaPublic/ At the meeting, the City Council will receive oral and written comments from any resident or property owner of said City to the above action. Written comments regarding the above public hearing may be submitted to the City Clerk's Office, City Hall, 50 W. 13th Street, on or before said time of public hearing, or through ctyclerk@cityof dubuque.org. At said time and place of public hearings all interested citizens and parties will be given an opportunity to be heard for or against said proposal. 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. Individuals with limited English proficiency, vision, hearing or speech impairments requiring special assistance should contact the City Clerk's Office at (563) 589-4100, TDD (563) 690-6678, ctyclerk@cityof dubuque.org as soon as feasible. Deaf or hard -of -hearing individuals can use Relay Iowa by dialing 711 or (800) 735-2942. Kevin S. Firnstahl, CMC City Clerk 1t 7/30