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Request to Rezone 5304 Pennsylvania AvenuePlanning 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 Dear Mayor and City Council Members: Masterpiece on the Mississippi Dubuque hikzA Umatacnr 1A1 ° ' 2007 September 7, 2010 Applicant: Bedrock Development LLC / McFadden Family Partnership Location: 5304 Pennsylvania Avenue Description: To rezone property from AG Agricultural District to R -3 Moderate Density Multi- Family Residential District. 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, Ed Graham, 1960 Firestone Drive, spoke in favor of the request. He said that he would like to rezone a tract of land to develop a residential subdivision. There were several public comments. Brian Lammers, 12998 English Mill Road, said that he represented L.D. Webber and the Roosevelt Land Corporation which he said has developed the 80 -acre Carver Heights Subdivision across Pennsylvania Avenue from the subject property. He expressed concerns with the need for sidewalks to promote safe pedestrian access to the adjacent Roosevelt Middle School and Carver Elementary School. He said he is also concerned with cut - through pedestrian traffic. He said he is also concerned with the possible need for improvements to Heacock Road and Pennsylvania Avenue. He said that the development is high density. Francis McDonald, 6000 Pennsylvania Avenue, said that his property abuts the proposed subdivision. He said that he agrees with Mr. Lammers that pedestrian access is problematic. He said he is concerned with the density of development and emergency access to the subdivision. Dan Lansing, 18151 Country Lane, said that the six -plex units will not be apartments but rather townhouse style owner occupied dwellings. He said that he would like to create a unique development. He said that the townhouse units will be approximately $140,000. Service People Integrity Responsibility Innovation Teamwork The Honorable Mayor and City Council Members Page 2 Staff Member Kritz outlined the request. He said that some of the issues that were raised by the neighbors will be addressed at the preliminary plat stage of the process. He discussed the permitted uses in an R -3 District, traffic counts, proposed future land use for the property, surrounding land use, proposed access, and discussed the concept layout and aerial photos distributed to the Commission. Staff Member Kritz reviewed that the existing design of Pennsylvania Avenue does not allow for the construction of sidewalks. The reconstruction of the roadway will be necessary to provide sidewalks and that will be a discussion point as part of review of the subdivision plat. The Zoning Advisory Commission discussed the request, noting the proposed extension of water service to the site, concerns with pedestrian access and the need for sidewalks in the area, and the capacity and condition of Pennsylvania Avenue. Recommendation By a vote of 6 to 0, 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, Attachments Jeff Stiles, Chairperson Zoning Advisory Commission cc: Gus Psihoyos, City Engineer Bob Green, Water Department Manager David Harris, Housing & Community Development Director Service People Integrity Responsibility Innovation Teamwork Masterpiece on the Mississippi [Variance ['Conditional Use Permit ['Appeal ❑Special Exception ❑ ' ited Setback Waiver zoning Dubuque 2007 PLANNING APPLICATION FORM ['Planned District ['Preliminary Plat ['Minor Final Plat ❑Text Amendment ['Simple Site Plan ['Minor Site Plan ❑Major Site Plan ['Major Final Plat ['Simple Subdivision ['Annexation ['Temporary Use Permit Please type or print legibly in ink (1:49711 Property owner(s);4Cf 40e"/ / F 7 7ert- G i Phone: Address: s y /(/47'1114 City: 77 Fax Number: /WA Cellular Number: /f /i1 Applicant/Agent: & tOGk- Deue_4r ► a1-, C• Phone: 957 2-4 KO Address: Z ? Z' ii e� j Fax Number: /0 /� " Z�aa Cellular Number: _E -mail Address: 55� 4f Am �� f ); rir /e4 j/9"/ C- ma Site location /address: 5 > nh S �/ / u Existing zoning: 19- ( c Proposed zoning: 3 Historic District: Landmark: City: Legal Description (Sidwell parcel ID# or lot number/block number /subdivision): / / /ood a,5, /oz(/ oCt t2 3 Total property (lot) area (square feet or acres): 7"D " .4C-.4 t ' ; Describe proposal and reason necessary (attach a letter of explanation, if needed):. gC'3 r' ,r( t.-C/ 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 re• Jairett W ' and graphic materials ar- . - ed. 1 Property Owner(s): ie.L.,is- �r , ���� A ,« 4.�rf�isi��//��// Date: Applicant/Agent: � �� > 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 [Neighborhood Association [(Other: 55_6 — $ g75_ State: - ' Zip: S2C 0Z- r ?1f czrt OS c7 e E -mail Address: 3f 4- ca) • c yvt_ tate: 17.4- zip:SL�1 j 44 c ,26/ e.") z /, FOR OFFICE USE ONLY - APPLICATION SUBMITTAL CHECKLIST � l Fee: �4 Received by: iii-0 — Date: g /Z'io Docket: / 2 0 Site /sketch plan: Conceptual Development Plan OPhoto 0 Plat 0 Improvement plans 0 Design review project description 0 Floor plan 0 Other: CONCEPT PLAN McFADDEN FARM DUBUQUE COUNTY IOWA ...cr.e./7J004X ....own MATE{ nowt SCIATES Deuces" 70. MOO/ • MOMIC110/ Or111.01%44 • VININ.11111114 1/.5 Asuncei Sult, PO: Du*. 12002 363-16.973 1.646,1214 5.04020. SQL jec.t. ?repo- 1 { This map is a product of the Dubuque Area Geographic Information System. DISCLAIMER: This information was compiled using the Dubuque Area Geographic Information System (DAGIS), which includes data created by both the City or Dubuque and Dubuque County. II is understood that, while the City or Dubuque and participating agencies utilized the most anent and accurate information available. DAGIS and its suppliers do not wamnt the accuracy or currency or the information or data contained herein. The City and participating agencies shall not be held tube 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 Nis data or out or any breach or wamnty whatsoever. { 2 { { Dubuque Regional Airport _ Airport Commercial - Airport Operations Airport Agriculture THE CITY OF Dui Masterpiece on the Mississippi Wisconsin Illinois I 1 I I A - W Future Land Use 2030 City of Dubuque Single Family or Duplex Multi- Family Mixed Residential Institutional Office Commercial Mixed Use Light Industrial Heavy Industrial Open Space Park Rural Density Residential Agriculture Mississippi River & Flood Plain Potential Growth Areas City of Peosta Land Use Plan Boundaries Southwest Arterial Two Mile Subdivision Review Roads Adopted by City Council April 2, 2007 Base data provided by Dubuque County GIS H /Planning Services /Land Use /2030 Future Land Use Map WA_ PARCEL NO. 1Cag lir n44 . t. , 224" E " Arr= 1.111111 e0 9 4 "4141W"''' ...• ....i... *..... 4..4■■.4 ann■ , - ..u 4 ' ..W.. " . ' ; • A Zomno ExPana don 6424,010 2 24 44 PM Olunx Dubugw THE CITY OF DUB Masterpiece on the Mississippi Vicinity Map Applicant: Salto De Fede LLC / McFadden Family Partnership Location: 5304 Pennsylvania Avenue Legend ® Proposed Area to be Rezoned City Limits Base Data provided by Dubuque County GIS Description: To rezone property from AG Agricultural District to R -3 Moderate Density Multi - Family Residential District. REZONING STAFF REPORT Zoning Agenda: September 1, 2010 Property Address: 5304 Pennsylvania Avenue Property Owner: McFadden Family Partnership Applicant: Salto De Fede LLC Proposed Land Use: Residential Proposed Zoning: R -3 Existing Land Use: Agricultural Existing Zoning: AG Adjacent Land Use: North — Agricultural Adjacent Zoning: North — City of Asbury East — Agricultural East — AG South — Agricultural South — PI West — Residential /Agricultural West — AG Former Zoning: 1934 — County 1975 — County 1985 — County Total Area: 75 acres Property History: The property has been used for agricultural purposes for over 100 years. Physical Characteristics: The property has rolling topography and generally drains to the southeast. Concurrence with Comprehensive Plan: This request involves the Comprehensive Plan's Land Use Goals: 1.2, 1.8, 4.3, 4.4, 6.1, 6.3, 7.2, 7.3, and 9.3. Impact of Request on: Utilities: Existing utilities are adequate to handle the proposed subdivision. City water is available along Pennsylvania Avenue in front of the subject parcel. Sanitary sewer will need to be extended from the corner of Radford and Chavenelle Road to a point to serve the subject property. Traffic Patterns /Counts: Pennsylvania Avenue will serve as primary access for the subdivision. The current vehicle count is 4,375 Average Daily Trips based on a City Engineering Department count taken on August 5 2010. Public Services: Existing public services are adequate to serve the site. Rezoning Staff Report — 5304 Pennsylvania Avenue Page 2 Environment: Staff does not anticipate any significant adverse impact to the environment provided adequate erosion control and storm water control is provided during all phases of development, and existing City of Dubuque Storm Water Control Regulations and Policies are complied with. Adjacent Properties: The most significant impact to adjacent properties will be an increase in traffic on Pennsylvania Avenue as the proposed development is completed. CIP Investments: None proposed. Staff Analysis: The applicants are requesting rezoning of approximately 75 acres from AG Agricultural to R -3 Moderate Density Multi - Family Residential District. The subject property is located south of Pennsylvania Avenue approximately one - quarter mile west of the Pennsylvania Avenue /Radford Road intersection. The applicants are requesting rezoning the property from AG Agricultural to R -3 Moderate Density Multi - Family District to allow for the development of the property into a residential subdivision. The applicants have provided a concept layout of the proposed subdivision. The applicants are requesting the R -3 zoning to allow flexibility in the placement of single - family, two- family and multi - family housing. The 2030 Future Land Use Map for the City's Comprehensive Plan designates the area as Mixed Residential (attached). The surrounding property is primarily used for agricultural. Commercial uses are located to the northeast and a portion of the Dubuque Industrial Center is located southeast of the property. Access to the property will be initially from Pennsylvania Avenue. Pennsylvania Avenue is two -lanes in this section and carries 4,375 Average Daily Trips based on a count taken on August 5, 2010 by the City's Engineering Department. Pennsylvania Avenue is not in City's current Five -Year Capital Improvement Program for upgrade. City water is available along Pennsylvania Avenue in front of the subject property. Development of the property for a residential subdivision will require that the water main be extended to the western end of the property. Sanitary sewer service is available at the corner of Chavenelle Road and Radford Road. As part of the development of this property, it will require that the sanitary sewer be extended through property owned by the McFadden Family Partnership east of the subject property to a point that would serve the subject parcel. The request before the Zoning Advisory Commission is to rezone the subject property from AG Agricultural to R -3 Moderate Density Multi- Family Residential District. The submitted conceptual layout is only to illustrate the potential development of the property and is not a preliminary plat. As the Commission is aware, they will review a Rezoning Staff Report — 5304 Pennsylvania Avenue Page 3 preliminary plat in the future pending rezoning of the parcel. The applicants have already met with City staff to review issues such as extension of utilities, internal street layouts and access to Pennsylvania Avenue. These issues will be discussed further when a preliminary plat is submitted for review by the Zoning Advisory Commission. Planning staff recommends that the Zoning Advisory Commission review Article 9 -5 of the Unified Development Code that establishes the criteria for the review of rezoning requests. Prepared by: eviewed: a /4 Date: 0 *Z5 /0 liktra 0 N WESTBROOK OR TRAILS EDGE OR s WESTBROOK OR COMMERCE PARK FUTURO CT NOITHRANGE CT PENNSYLVANIA AVE ' I IEE C I IAN CT ( 0 4130 2o 1 MIDDLE RD 1 (DUBUQUE /ASBURY CORP. 840 • V 0 V �uauc C DC�") T S 0 I WOLFF RD MIDDLE R') S) IP C / 5 6 s -Mr.) ON ST ( DUBUQUE CORPORATE) -� LL .L � a KEY# /C KEY CO{ 1 d � 0 j CHAVENELLE MISSION S :HOO DR 14500 DONAVAN DR ALICIA ST SHARON DR m LEA LN O >' 0 z� RICHIE DR r tr ROSEMONT �1 Z n P MENARD DR rn 0 lV1.3121 CENTURY DR RADFORD RD MI 1121ON ASSOCIATES DR CENTURY , MA RIES KEBBIE DR SYLVAN DR CIR ~77Z AMY CT LUCY DR DR KEBBIE DR WESTRIDOE DR DR Im R. a+ fsLwn 'eao* a 0 {DUBUQUE /ASBURY CORP. L VIZALEEA WESTRIDOE CT 17 NORTH CT DALLAS CT GLEN \VOOD CT F�- PHYLLRL NORLAt' KEY WA ) c E/ AE 200 i 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. 53-10 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 5304 PENNSYLVANIA AVENUE FROM AG AGRICULTURAL DISTRICT TO 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, Unified Development Code, is hereby amended by reclassifying the hereinafter - described property from AG Agricultural District to R -3 Moderate Density Multi - Family Residential District, to wit: Attest: Lot 1 of 1 NW 1 /4 NW % Section 29 T89N R2E except the easterly 224 feet and the SW "1/4 NW'/ Section 29 T89N R2E, 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. Passed, approved and adopted this 20 day of September, 2010. /11, , I, ✓. _ _ _ eanne F. Schneider, City Clerk Karla A. Braig, Mayor Pro fem