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
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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'
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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.
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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
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FOR OFFICE USE ONLY - APPLICATION SUBMITTAL CHECKLIST
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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
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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.
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Dubuque Regional Airport
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- Airport Operations
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THE CITY OF
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Future Land Use
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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
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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:
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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. 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