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
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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
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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
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11W ENGINEERS &
SURVEYORS, P.C.
LOT 3
KUNDE PLACE N0. 2
SECTION 36 - CENTER TUP.
DUBUQUE, CO.
art 446=41s
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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
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RESIDENTIAL & COMMERCIAL
LOTS
EXHIBIT A
PJO TN
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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
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500'21'36'E
500'21'36'C
500'21'36'E
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CURVE TABLE
CUR V
E I LENGTH RADIUS
CI 100.39 442.26
C2 1973.11 3207.00
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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.