Request to Rezone 6900,7005, 7010 Asbury RoadPlanning Services Department
City Hall
50 West 13th Street
Dubuque, IA 52001 -4864
(563) 589 -4210 phone
(563) 589 -4221 fax
(563) 690 -6678 TDD
planning@cityofdubuque.org
The Honorable Mayor and City Council Members
City of Dubuque
City Hall — 50 W. 13 Street
Dubuque IA 52001
Applicant: Wilfred R. Bahl, Charlie Miller and Gene Potts
Location: 6900/7005/7010 Asbury Road
Description: To rezone property from AG Agricultural District to R -1 Single - Family
Residential 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
Bill Bahl, 7005 Asbury Road, spoke in favor of the request, reviewing the location of the
property to be rezoned, that there are three existing homes, and a vacant lot.
Staff reviewed the surrounding zoning and land use, noting that the property is bordered by
existing single - family homes or agricultural fields.
There were no public comments.
The Zoning Advisory Commission discussed the request, noting that the request is
consistent with the surrounding land use.
Recommendation
By a vote of 5 to 0, with one abstention, 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,
/'
Jeff SfIles, Chairperson
Zoning Advisory Commission
Attachments
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Applicant: Wilfred R. Bahl, Charlie Miller, &
Gene Potts
Location: 6900/7010/7005 Asbury Road
Description: To rezone property from AG
Agricltural District to R -1 Single - Family
Residential District.
Legend
Zoning (B &VV)
Proposed Area to be Rezoned
City Limits
DUBUQUE
ASBURY
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Masterpiece on the Mississippi
['Variance
DConditional Use Permit
❑Appeal
❑Special Exception
❑Limited Setback Waiver
Rezoning
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Property owner(s): W.14r R. bct.k 1 Fe 6,..11 LT1 T ett ror5 Phone:
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Fax Number:
Site location /address:
❑Planned District
❑Preliminary Plat
❑Minor Final Plat
❑Text Amendment
❑Simple Site Plan
Minor Site Plan
Fax Number: 5230.-k-(‘-r—
Applicant/Agent: lJ i°` /- ' e d
Address: 7 ®O S A S g t Q- D City: 1 u.6 State: 1 .t Zip: S ZG7c�7
Cellular Number: E -mail Address: z-v 6echl 1 1 yv) tcT c.,clS
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Historic District: sv /�1 Landmark: �/A
Existing zoning: AG - Proposed zoning:
Total property (lot) area (square feet or acres):
Property Owner(s
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PLANNING APPLICATION FORM
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❑Major Site Plan
❑Major Final Plat
❑Simple Subdivision
Annexation
Temporary Use Permit
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CERTIFICATION: I /we, the undersigned, do hereby certify that:
1. It is the property owner's responsibility to locate property lines and to check your 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 m at are attached.
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Date:
Date:
City of Dubuque
Planning Services Department
Dubuque, IA 52001 -4864
Phone: 563- 589-4210
Fax: 563 - 589 -4221
['Certificate of Economic Non - Viability
['Certificate of Appropriateness
['Historic Designation
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FOR FFICE USE ONLY - APPLICATION SUBMITTAL CHECKLIST
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❑Planned District
DPreliminary Plat
['Minor Final Plat
['Text Amendment
DSimple Site Plan
DMinor Site Plan
PLANNING APPLICATION FORM
❑ Major Site Plan
❑ Major Final Plat
❑ Simple Subdivision
DAnnexation
❑Temporary Use Permit
Legal Description (Sidwell parcel ID# or lot number /block number /subdivision):
Total property (lot) area (square feet or acres):
Describe proposal and reason necessary (attach a letter of explanation, if needed):. c t 4 $.LL4 Ze" t
CERTIFICATION: I /we, the undersigned, do hereby certify that:
1. It is the property owner's responsibility to locate property lines and to check your 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: 3 /q / , d
/ Date: 3 I �{ /1 /
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FOR OFFICE USE ONLY — APPLICATION SUBMITTAL CHECKLIST
City of Dubuque
Planning Services Department
Dubuque, IA 52001 -4864
Phone: 563 - 589 -4210
Fax: 563- 589 -4221
['Certificate of Economic Non - Viability
❑Certificate of Appropriateness
❑ Historic Designation
❑Neighborhood Association
D Other:
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Fee: Received by: Date: Docket:
❑ Site /sketch piano Conceptual Development Plan ❑Photo ❑ Plat
❑ Improvement plans ❑ Design review project description ❑ Floor plan ❑ Other:
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❑Variance
DConditional Use Permit
DAppeal
['Special Exception
['Limited Setback Waiver
/Rezoning
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Property owner(s):
Cev t Tecol o4
Address: '7100
Fax Number:
Applicant/Agent: i P..4A -a 1
Address: City: State: Zip:
Fax: Cell: E -mail:
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AG- Proposed zoning:
Site location /address:
Existing zoning:
Property Owner(s):
Applicant/Agent:
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PLANNING APPLICATION FORM
['Planned District
DPreliminary Plat
DMinor Final Plat
❑Text Amendment
Simple Site Plan
DMinor Site Plan
Cellular Number:
4. All additional required written graphic m s erials are attached.
['Major Site Plan
❑ Major Final Plat
❑ Simple Subdivision
DAnnexation
['Temporary Use Permit
City: G(, +�J r
DCertificate of Economic Non - Viability
DCertificate of Appropriateness
['Historic Designation
❑Neighborhood Assoc
DAdvisory Design Review
['Other:
Phone: 510,"3 '-515 - / /
State: J
E -mail Address:
City of Dubuque
Planning Services Department
Dubuque, IA 52001 -4864
Phone: 563-589-4210
Fax: 563 - 589 -4221
Zip:
District: 4/4 Landmark: iU //�-
Legal Description (Sidwell parcel ID# or lot number /block number /subdivision): Lo /
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Describe proposal and reason necessary (attach a letter of explanation, if needed):. Pc 2a- c p r o p c ---1 - o
CERTIFICATION: I /we, the undersigned, do hereby certify that:
1. It is the property owner's responsibility to locate property lines and to check your abstract
covenants.
2. The information submitted herein is true and correct to the best of my /our knowledge and
record;
3. Fees are not refundable and payment does not guarantee approval; and
for easements and restrictive
upon submittal becomes public
Date:
FOR OFFICE USE ONLY — APPLICA ^ N UB� L CHECKLIST
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* Fee: y0 Received by: , i� '4 Docket: , Date:
❑ Site /sketch plan ❑ Conceptual Devel- .•ment Plan DPhoto ❑ Plat
❑ Improvement plans ❑ Design review project description ❑ Floor plan ❑ Other:
REZONING STAFF REPORT Zoning Agenda: May 5, 2010
Property Address: 6900/7005/7010 Asbury Road
Property Owners: Wilfred R. Bahl, Charlie Miller and Gene Potts
Applicants: Wilfred R. Bahl, Charlie Miller and Gene Potts
Proposed Land Use: Single - Family Residential Proposed Zoning: R -1
Existing Land Use: Single - Family Residential Existing Zoning: AG
Adjacent Land Use: North — Single - Family Residential /Agricultural
East — Single - Family Residential
South — Single - Family Residential /Agricultural
West - Agricultural
Adjacent Zoning: North — AG /R- 2(Single- Family Residential — Asbury)
East — R- 2(Single- Family Residential — Asbury)
South — AG /R- 2(Single- Family Residential — Asbury)
West — AG
Former Zoning: 1934 — County Agricultural; 1975 — County Agricultural;
1985 — County Agricultural Total Area: Approximately 2.5 acres
Property History: The property was formerly cultivated County agricultural land until
approximately 1955 when the lot at 6900 Asbury Road was split as part of a larger
subdivision. Subsequent to that, in the mid 70's the lot at 7010 was split off and the lot
at 7005 was split sometime in the early 90s. Each lot accommodates a single - family
home.
Physical Characteristics: The subject property consists of four lots and three
residences. The property totals approximately 2.5 acres and is relatively level. One lot
is situated north of Asbury Road and 3 lots are situated south of Asbury Road. Two of
the subject lots abut the City of Asbury.
Concurrence with Comprehensive Plan: The Future Land Use Map of the
Comprehensive Plan recommends that this area be mixed residential.
Impact of Request on:
Utilities: Existing utilities are adequate to serve the site.
Rezoning Staff Report — 6900/7005/7010 Asbury Road Page 2
Traffic Patterns /Counts: As the property is already developed for single - family
homes, it should have very limited additional impact on existing traffic.
Public Services: Existing public services are adequate to serve the site
Environment: Staff does not anticipate any adverse impact to the environment as
the property is almost fully developed and any additional development would be
regulated as per City Code.
Adjacent Properties: The properties to the east are primarily single - family
residential lots located in the City of Asbury and the properties to the west are
primarily agricultural land. Therefore, rezoning the 4 lots with three single - family
homes would have very limited impact on the adjacent properties as they will not
alter the status quo.
CIP Investments: None proposed.
Staff Analysis: The applicants are proposing to rezone 3 single - family homes on four
Tots from what is currently AG Agricultural to R -1 Single - Family Residential. The
property was recently annexed to the City of Dubuque and was rezoned to AG
Agricultural district. As part of an annexation, property owners can either elect to
rezone their property or wait to a later date. If a parcel is not rezoned as part of the
original annexation, it is automatically zoned AG Agricultural district.
The property to the east is zoned primarily R -2 (Single - Family Residential) located in the
City of Asbury. Most of the remaining property to the north, south and west currently is
agricultural, much of which is under cultivation. Rezoning this property will more
accurately reflect the existing land use and will have very limited impact on traffic or the
adjacent properties.
Staff recommends that the Zoning Advisory Commission review the criteria established
in Unified Development Code Section 9 -5 regarding rezoning reclassification.
Prepared by: CA Reviewed:
Date: 4 /0
F: \USERS\KMUNSON\WP \BOARDS- COMMISSIONSZAC \STAFF REPORTSZAC STAF'REPORTS 2010BAHL_MILLER_POTTS
REZONING 04 26 10.DOC
Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St Telephone: 589 -4210
Return to: Jeanne Schneider, City Clerk Address: City Hall- 50 W. 13` St Telephone: 589 -4121
ORDINANCE NO. 27-10
AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF
ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING
HEREINAFTER DESCRIBED PROPERTY LOCATED AT 6900/7005/7010 ASBURY
ROAD FROM AG AGRICULTURAL DISTRICT 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 Title 16 of the City of Dubuque Code of Ordinances, Unified
Development Code, is hereby amended by reclassifying the hereinafter- described
property from AG Agricultural District to R -1 Single - Family Residential District, to wit:
Lot 1 of W. Bahl's First Addition comprised of Lot 2 -1 and Lot 2 -1 -1 in the
SE 1 /4 of NW % of Section 19, Lot 1 -1 -1 SE'/ NW 1 /4 of Section 19, Lot 2 SE
1/4 NW 1 /4 Section 19 and Lot 1 Potts Place, 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. This ordinance shall take effect immediately upon publication, as
provided by law.
Attest:
Passed, approved and adopted this 17th flay of May
Jeanne F. Schneider, City Clerk
Roy D. ,�uol, Mayor:
2010.