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Request to Rezone on Old Highway Road_Toby KressTHE CITY OF Dui Masterpiece on the Mississippi Dear Mayor and City Council Members: There were no public comments. Respectfully submitted, 7: 2 - Jeff Stiles, Chairperson Zoning Advisory Commission Attachments Dubuque Weal E All - America City 2007 The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 13 St Dubuque IA 52001 Applicant: Toby Kress Location: Old Highway Road (west portion of Lot 1 Kunde Place #3) Description: To rezone property from AG Agricultural District to CR Commercial Recreation District. Planning Services Department 50 West 13th Street Dubuque, Iowa 52001 -4805 Office (563) 589 -4210 Fax (563) 589 -4221 TTY (563) 690 -6678 planning@cityofdubuque.org www.cityofdubuque.org June 9,2010 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, reviewing the location of the subject property and that he has a person interested in developing a campground on the property. Staff reviewed the history of zoning changes, conditions applied to the property as part of its rezoning, and surrounding zoning and land use. The Zoning Advisory Commission discussed the request, noting that the condition for screening would have to be applied to this rezoning request to maintain the tree planting requirements. Recommendation By a vote of 6 to 0, the Zoning Advisory Commission recommends that the City Council approved the request, with the condition that 70 trees be installed along the west property line. A simple majority vote is needed for the City Council to approve the request. A super majority vote is needed to approve the request without conditions. Service People Integrity Responsibility Innovation Teamwork Masterpiece on the Mississippi ❑ Variance ❑ Conditional Use Permit ['Appeal ❑Special Exception DLimited Setback Waiver j2klezoning 2. Fee: /1 tn Received by: Dubuque 11 2007 ❑Planned District ['Preliminary Plat [Minor Final Plat ['Text Amendment DSimple Site Plan ['Minor Site Plan Please type or print legibly in ink Property owner(s): 7 J' /4E.55 Address: ...? 0954 I / 2,0 . City: D.L& eL1 State: 14 Fax Number: Cellular Number: 2 -lam`? Applicant/Agent: Phone: Address: City: State: Zip:_ Fax Number: // J� Cellular Nu mber: _E -mail Address: Site location /address: , , 7 / / ,pic P6 - o � � / &l1 Ja foe , Existing zoning: /n 6; Proposed zoning: CA Historic District: Landmark: Legal Description (Sidwell parcel ID# or lot number /block number/subdivision): Total property (lot) area (square feet or acres): /6 c res. nti� Describe proposal and reason necessary (attach a letter of explanation, if needed):. CRMP6R4xi o ,iEU.`A•PM -N7 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. 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): /C 1 s S / /- Applicant/Agent PLANNING APPLICATION FORM FOR OFFICE USE ONLY — APPLICATION SUBMITTAL CHECKLIST ❑ Site /sketch piano Conceptual Development Plan ❑Major Site Plan ❑ Major Final Plat ❑ Simple Subdivision ['Annexation ['Temporary Use Permit City of Dubuque Planning Services Department Dubuque, IA 52001 -4864 Phone: 563 - 589 -4210 Fax: 563 - 589 -4221 DCertificate of Economic Non - Viability ❑Certificate of Appropriateness ❑Historic Designation El Neighborhood Association DOther: Phone: C � Z/3 - /8d7 Z E -mail Address: 7Skrf F.S‹e j' 'it Date: / Q Date: ( d Date: �� Docket: 9 M.t ad i l Photo ❑ Plat ❑ Improvement plans ❑ Design review project description ❑ Floor plan ❑ Other: REZONING STAFF REPORT Zoning Agenda: June 2, 2010 Property Address: Highway Road (west portion of Lot 1 Kunde Place #3) Property Owner: Toby Kress Applicant: Toby Kress Proposed Land Use: Recreation Proposed Zoning: CR Existing Land Use: Vacant /AG Existing Zoning: AG Adjacent Land Use: North — Vacant /Ag /Residential Adjacent Zoning: North — County R -1 East — Vacant /Ag /Industrial East — LIc South — Vacant /Ag South — County R -1 West — Ag /Residential West — County R -1 Former Zoning: 1934 — County; 1975 — County; 1985 — County Total Area: Approximately 20 acres Property History: The property has historically been cultivated agricultural land. The property was annexed to the City of Dubuque and rezoned from County R -1 to City AG Agricultural in June of 2008. Physical Characteristics: The property is relatively long and narrow, being 1,000 feet deep with 143 feet of frontage along OId Highway Road. A creek traverses the very north portion of the subject lot. The subject lot's high point is at 962 feet above mean sea level at the south end and drains to the northeast to the low point at approximately 820 feet above mean sea level. Concurrence with Comprehensive Plan: The 2030 Future Land Use Map designates this parcel for rural density residential development. Impact of Request on: Utilities: The property can be adequately served by City water main that exists on Old Highway Road. City sanitary sewer service is approximately 1 mile away and terminates on the south side of the landfill property. Traffic Patterns /Counts: The subject property is west of the intersection of Seippel Road and OId Highway Road. Based on 2005 Iowa Department of Transportation Rezoning Staff Report — Old Highway Road (Kress) Page 2 Vehicle Counts, Seippel Road carries approximately 1,520 Average Daily Trips and Old Highway Road carried approximately 1,450 Average Daily Trips. Public Services: Existing public services are adequate to serve the property as it would potentially develop for commercial recreation purposes. Environment: Staff does not anticipate any adverse impact to the environment provided adequate erosion control and storm water control is provided during all phases of development. The City also will require that the applicant follow sustainable development tools through the site plan review process. Adjacent Properties: The impact to adjacent properties will most likely be an increase in noise and activity over and above the existing agricultural use. There will also be additional traffic at the intersection of the access drive to the property and to Old Highway Road. CIP Investments: None proposed. Staff Analysis: The Zoning Advisory Commission initially approved a request to rezone this property from County R -1 to City AG in May 2008. The applicant's request is to rezone an approximately 20 acre portion of the original property that abuts the City of Dubuque's western corporate limits from AG Agricultural to CR Commercial Recreation. The Commercial Recreation District allows 31 primarily recreational uses. Many of the uses listed in the CR District would not likely be developed on this property because they are either gaming or river related uses such as pleasure craft harbors, marinas, excursion boat services, dog /horse track racing and State licensed gambling facilities. The applicant's stated intent is to develop a RV park/campground on the property. The subject property is located on the south side of Old Highway Road and just west of an existing County industrial park that includes Addoco, Inc and Dyersville Ready Mix, Inc. The property is bordered on its west by existing agricultural property and to the northwest by an existing residential subdivision in Dubuque County. There is also an existing tank farm to the northeast of the parcel. The original rezoning of this property was conditioned upon the applicant placing a row of a minimum of 200 evergreens along the west and south sides of the property as indicated on the attached exhibit. This requirement represented an effort by the Zoning Advisory Commission and City Council to buffer the adjacent land from potential development on the subject lot. Therefore, staff recommends that, if approved, the Commission require that a minimum of 70 evergreen trees be planted along the west property line of the subject lot. Rezoning Staff Report — Old Highway Road (Kress) Page 3 Access to this property will likely be taken from Old Highway Road across what is an existing creek. The access will be through either another lot that is zoned AG Agricultural district or across a portion of the subject lot that is zoned LI Light Industrial district. The property is relatively steep, dropping from its high point on the south at approximately 140 feet in elevation. Development of this property will in all likelihood generate additional noise and activity for the adjacent residential and vacant properties. The additional traffic generate by this proposed development should be adequately handled along Old Highway Road. Development of the property will be required by the City of Dubuque Unified Development Code to utilize sustainability measures to adequately manage storm water and erosion. Staff recommends that the Zoning Advisory Commission review the criteria established in Article 9 -5 of the Unified Development Code regarding zoning reclassification. Prepared by: Reviewed: Date: .5•2.6.° ID f:\users\kmunson \wp\ boards- commissions\zac\staff eports\zac staff reports 201 OUold highway road (kress) stf rpt 05_25_10.doc CONCEPTUAL LAYOUT RESIDENTIAL & COMMERCIAL LOTS LOT 3 OF KUNDE PLACE NO. 2 SECTION 36, CENTER TOWNSHIP DUBUQUE COUNTY, IOWA 'I'll 11W ENGINEERS & SURVEYORS, P.C. LOT 3 KUNDE PLACE N0. 2 SECTION 36 - CENTER TUP. DUBUQUE, CO. art 446=41s Rama.* Ca um mlik OMNO PROPOSE° 70111110 LI 47.E ACRES MORE OR LESS PROPOSED 20611110 AG 27.7 ACRES MORE OR LESS EVERGREEN LOT 3 KUUSE PLACE NO 2 PARCEL 110. 0936329002 75.43 AC. FROM RIGHT OF WAY UNE 07 4CSI N % OMTIER/DEVELOPER: KRESS INDUSTRIAL FACIUTY LLC TOBY KRESS 1299E ENCUSII MILL ROAD DUBUQUE, IOWA 52003 PROOF 110. 213 -1967 R... RESIDENTIAL & COMMERCIAL LOTS EXHIBIT A PJO TN w•swc suvl s ne a.w AA. NAVE KW KOMI, LOT 3 KUNDE PLACE 110. 2 PRESENT USE: CORN, BEAN & NAY FIELD LINE TABLE LINE LENGTH 11 2312.72 12 319.89 L3 L4 L5 L6 L7 19 139.75 17254 206.35 674.69 186.39 114.27 L 3595 L12 559.73 L13 282.94 114 L )0 225.07 L11 217.70 115 738.50 235.06 FEARING 000'01'22'V 0 32'51'O13T 072'13'59'( 1146'57'20'E N22'48'O54 1168'27'I7'E 066'16'25T 1166'1625'C 500'21'36'E 500'21'36'C 500'21'36'E S00'25'00'V N89'09'46'E S22'27'42'V CURVE TABLE CUR V E I LENGTH RADIUS CI 100.39 442.26 C2 1973.11 3207.00 4AA,. 1.1 w1... p «•+, a 1......•, ..Iran I .. a. A....o .. haw - 1ans. 111 -.1 -tl :11,0 300'03'31'E 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. 29 -10 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED SOUTH OF OLD HIGHWAY ROAD FROM AG AGRICULTURAL DISTRICT TO CR COMMERCIAL RECREATION DISTRICT, WITH CONDITIONS. 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 CR Commercial Recreation District, with conditions, to wit: West portion of Lot 1 Kunde 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 upon publications, as provided by law. Passed, approved and adopted this 21s day of June 2010. Attest: _ anne F. Schneider, City Clerk '1 19, Roy D. uol, Mayor MEMORANDUM OF AGREEMENT Pursuant to the Iowa Code Section 414.5 (2007), and as an express condition of rezoning of the property described as: West portion of Lot 1 Kunde Place, and to the center line of the adjoining public right -of -way, all in the City of Dubuque, Iowa. which is the subject of Ordinance No. -10, a copy of which is attached hereto and incorporated herein by reference, the undersigned property owners, agree to the following condition, all of which the property owner further agrees are reasonable and are imposed to satisfy public needs which are caused directly by the rezoning: A) Performance Standards 1) That a minimum of 70 evergreens shall be planted along the west side of the property. B) Modifications. Any modifications of this Agreement shall be considered a zoning reclassification and shall be subject to the provisions of the Zoning Ordinance governing zoning reclassifications. All such modifications must be approved by the City Council of Dubuque, Iowa. C) Recording. A copy of this Agreement shall be recorded with the Dubuque County Recorder as a permanent record of the conditions accepted as part of . this rezoning approval within thirty (30) days of the adoption of Ordinance No. O�q -10. D) Construction. This Agreement shall be construed and interpreted as though it were part of Appendix A of the Code of Ordinances of the City of Dubuque also known as the Zoning Ordinance of the City of Dubuque, Iowa. E) This Agreement shall be binding upon the undersigned and his /her heirs, successor and assignees. F:/ users /wp /rnelinda /wp /council /ordinances /kress rezoning ag to cr ACCEPTANCE OF ORDINANCE NO. -10 (29-10) I, Toby Kress, having read the terms and conditions of the foregoing Ordinance No. -10 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this g day of Tv-h L 2010. Toby Kress Legend AG rezoned to Commercial Recreation (appox. 20 acres) Zoning (B &W) CityLimits Trees to be Planted THE CITY OF DUB Masterpiece on the Mississippi Vicinity Map Exhibit A Base Data Provided by Dubuque County GIS 4 r • Ct or i, AG rezoned to Commercial Recreation (approx. 20 acres) DISCLAIMER: This information was compiled using the Dubuque Area Geographic Information System (DAGIS), which includes data created by both the City of Dubuque and Dubuque County. It is understood that, while the City of Dubuque and participating agencies utilized the most current and accurate information available, DAGIS and its suppliers do not warrant the accuracy or currency of the information or data contained herein. The City and participating agencies shall not be held liable for any direct, indirect, incidental, consequential, punitive, or special damages, whether foreseeable or unforeseeable, arising out of the authorized or unauthorized use of this data or the inability to use this data or out of any breach of warranty whatsoever.