Request to Rezone_Property South of Creekwood Drive by Davin CurtissPlanning 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: Davin Curtiss
Location: South of Creekwood Drive
Description: To rezone property, in conjunction with annexation, from County C -1 and
R -2, to City 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
The applicant spoke in favor of the request reviewing the location of the property, the
requested rezoning and proposed annexation to the city.
Staff reviewed the surrounding zoning and land use, and noted that the adjacent
property owner intends to purchase the property. Access to the property will be from
Creekwood Drive.
There were no public comments.
Masterpiece on the Mississippi
The Zoning Advisory Commission discussed the request, and felt it was appropriate.
Recommendation
By a vote of 7 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,
Jeff Stiles, Chairperson
Zoning Advisory Commission
Service People Integrity Responsibility Innovation Teamwork
Dubuque
a anx�actr
2007
October 12, 2010
Masterpiece on the Mississippi
❑Variance
❑Conditional Use Permit
❑Appeal
❑Special Exception
❑Limited Setback Waiver
®Rezordng
Address: 9 Thornwoorl et Oty: Dubuque
Fax Number:
Site location /addressyo+ N
Property Owner(s):
ApplicaniAger'
Fee: Received by:
PLANNING APPLICATION FORM
❑Planned District
OPreliminary Plat
DMinor Final Plat
OText Amendment
❑Simple Site Plan
❑Minor Site Pian
❑Major Site Plan
❑Major Final Plat
❑Simple Subdivision
Annexation
❑Temporary Use Permit
FOR OFFICE USE ONLY — APPLICATI s SUBMIT!' CHECKLIST
Improvement plans i Design review project description i_l Floor plan
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 N/4
DOther:
Please tvol or print legibly in ink
Property owner(s): John L. Knepper Phone: 563
State :Iowa Zip 52003
Cellular Number: 3 5 p 0 -3, E -mail Address:
AppiicantAgiall>x Davin C. Curtiss Phone: 563- 557 -8400 ext. 250
Address: 700 Locust — Roshek Bldg. City: Dbq• State: Iowa Zip:520
Fax Number: 563 - 556 -1867 Cellular Number: _E -mail Address: r irt-i sskothanaal ak off_
15 -02- 300 -
• m
Existing zoning: 2r. Proposed zoning: Res. Historic District: Landmark:
Legal Description (Sldwell parcel ID# or lot number /block number /subdivision): q si f Q l orni on
Total property (lot) area (square feet or acres): 2.79 acres (�
Describe proposal and reason necessary (attach a letter of explanation, if needed):Sac.�. st.s e at , { c:41 X
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.
Date: q— 7- a o7)
Date: �— — 7� CN
g. /D /O Docket:
Site /sketch plan- Conceptual Development P '=1Photo Plat
Other:
E. Marshall Thomas, 1907 -1989
September 8, 2010
VIA Facsimile and U.S. Mail
City of Dubuque Planning Services
Attn: Laura Carsten
15 W.I3
Dubuque, IA 52001 -4864
Re: Parcel No. 15 -02- 300 -02
Dear Ms. Carsten,
Please find enclosed a completed Planning Application Form requesting annexation and re- zoning
of Parcel No. 15 -02- 300 -02, legally described as Lot 1 of the NE 1/4, SW 1/4, Section 2, Township 88N,
Range 2E of the 5 P.M.
Could you please advise concerning the expected length of the annexation and re- zoning process
after you have had a chance to review the enclosed application. I ask because the real estate closing for this
particular real estate parcel is set for November 1, 2010. Thank you.
Best regards,
Davin C. Curtiss
O'Connor & Thomas, P.C.
DCC /aas
Encl.
cc: client
ATTORNEYS AT LAW
est.184o
www.octhomaslaw.com
Davin b. Curtiss I ext. 250 1 dcurtiss @octhomaslaw.com
Francis J. O'Connor, 1916 -1990
1 IUJ LS [J x , ,.
SEP 8 2010
Roshek Building 1 700 Locust Street, Suite 200 1 Dubuque, Iowa 52001 1 Phone 563.557.8400 I Fax 563.556.1867
JOHN C. O'CONNOR RICHARD K. WHITTY PAULJ. SIGWARTH t GREG A. REHMKE
BRENDAN T. QUANN STEPHEN C. KRUMPE *t PETER D. ARLING * §t WHITNEY R. JACQUE
A. JOHN ARENZ f t JAMES E. GOODMAN, JR. *I JOSHUA P. WEIDEMANN STEPHANIE R FUEGER * t
CHAD C. LEITCH * DAVIN C. CURTISS *t CHRISTOPHER C. FRY CHRISTOPHER M. LUETH
All attorneys licensed in Iowa I * Also licensed in Illinois I f Also licensed in Wisconsin 1 § Also licensed in Minnesota
f Certified in Civil Trial Advocacy by National Board of Trial Advocacy 1 i Also licensed in U.S. Tax Court
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SHEET 1 OF 4
REZONING STAFF REPORT Zoning Agenda: October 6, 2010
Property Address:
Property Owner:
Applicant:
South of Creekwood Drive
John L. Knepper
Davin C. Curtiss
Proposed Land Use: Residential
Existing Land Use: Vacant
Adjacent Land Use: North — Vacant
East — Agricultural
South — Vacant
West — Agricultural
Proposed Zoning: R -1
Existing Zoning: County
Adjacent Zoning: North — R -3
East — C -1
South — C -1
West — C -1
Former Zoning: 1934 — County; 1975 — County; 1985 — County Total Area: 2.79 acres
Physical Characteristics: The subject parcel is located south of Timber -Hyrst
subdivision and is a large rock outcropping that overlooks the agricultural fields owned
by Mr. Knepper as well as the Catfish Creek running on the west side of the parcel.
Because of the severe topography, this parcel of land has never been used for
agricultural purposes.
Concurrence with Comprehensive Plan: This involves the Comprehensive Plan's
Land Use Goals: 1.5, 1.8, and 4.5.
Impact of Request on:
Utilities: Staff does not anticipate that utilities will be extended into this area;
however, if they are, they would be extended from Creekwood Drive to the south.
Traffic Patterns /Counts: The nearest street is Creekwood Drive and there are no
traffic counts available for this street.
Public Services: Existing public services are adequate to serve the site.
Environment: Staff does not anticipate any adverse impact to the environment
provided adequate erosion control is provided when and if the site is developed for
residential purposes.
Adjacent Properties: Staff does not anticipate any adverse impacts to adjacent
properties.
Rezoning Staff Report — South of Creekwood Drive Page 2
CIP Investments: None proposed.
Staff Analysis: The requested rezoning from County C -1 Conservancy and R -2
Residential to City R -1 Single- family Residential District facilitates the purchase of the
subject parcel by the adjacent land owner. The adjacent property is currently zoned R-
3 Moderate Density Multi - Family Residential District.
The requested rezoning is being done in conjunction with annexation of the property
into the City of Dubuque. The Zoning Advisory Commission's recommendation will be
forwarded to the City Council who will then hold a public hearing on the same evening
on both the annexation and rezoning request.
The 2030 future Land Use Map of the Comprehensive Plan designates this site for
single - family or duplex development. Because of parcel's topography and location, it
has not been nor is it suitable for agricultural use.
Planning staff recommends that the Zoning Advisory Commission review Article 9 -5 of
the Unified Development Code that establishes the criteria for review of rezoning
request.
Prepared by:
eviewed: i/O Date: q' ZS • I O
5 -2 R -1 Single - Family Residential
The R -1 District is the most restrictive residential district and is intended to protect low density
residential areas from the encroachment of incompatible uses. The principal use of land in this
district is for low density single - family dwellings and related recreational, religious and
educational facilities.
5 -2.1 Principal Permitted Uses
The following uses are permitted in the R -1 District:
1. Cemetery, mausoleum, or columbarium
2. Place of religious exercise or assembly
3. Public or private park, golf course, or similar natural recreation area
4. Public, private or parochial school approved by the State of Iowa (K -12)
5. Railroad or public or quasi - public utility, including substation
6. Single - family detached dwelling
5 -2.2 Conditional Uses
The following conditional uses may be permitted in the R -1 District, subject to the provisions of
Section 8 -5:
1. Accessory dwelling unit
2. Licensed adult day services
3. Bed and breakfast home
4. Keeping of horses or ponies
5. Keeping of hens
6. Licensed child care center
7. Mortuary, funeral home, or crematorium
8. Wind energy conversion system
9. Tour home
10. Tourist home
11. Off street parking
5 -2.3 Accessory Uses
The following uses are permitted as accessory uses as provided in Section 3 -7:
1. Detached garage
2. Fence
3. Garage sale, provided that not more than three such sales shall be allowed per premises per
calendar year and not more than three consecutive days per sale
4. Home -based business
5. Noncommercial garden, greenhouse or nursery
6. Off street parking and storage of vehicles
7. Satellite receiving dish
8. Solar collector
9. Sport, recreation, or outdoor cooking equipment
10. Storage building
11. Tennis court, swimming pool or similar permanent facility
12. Wind turbine (building - mounted)
5 -2.4 Temporary Uses
Temporary uses shall be regulated in conformance with the provisions of Section 3 -19.
5 -2.5 Parking
Minimum parking requirements shall be regulated in conformance with the provisions of Article
14.
5 -2.6 Signs
Signs shall be regulated in conformance with the provisions of Article 15.
5 -2.7 Bulk Regulations
Permitted Uses
Single - Family
5,000 50 40 20 ! 50
20,000 100 40 20
Licensed Childcare
Center, Licensed Adult 5,000 50 40 20 6 20 30
Daycare Center
5,000 50 40 ! 20 50 6 f 20 30
20,000 1 100 40 1 20 4 ! 20 I 20 30
1 May be erected to a height not exceeding 75 feet, provided that such buildings shall provide at least one
additional foot of yard space on all sides for each additional foot by which such building exceeds the maximum
hei • ht limit of the district in which it is located.
School, Place of
Religious Exercise or
Assembly
Conditional Uses
Bed and Breakfast
Home
Mortuary, Funeral
Home
6
20 20
30
751
R -1 Residential
Setbacks
Min Lot Min Lot Max Lot Max
Front (feet) Min Min Rear
Area Frontage Coverage Side Height
(square (% lot
feet) (feet) area) Min Max (feet) (feet) (feet)
20
See Section 3 -17 for adjustment of minimum front yard setbacks.
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. 56-10
AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF
ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING
HEREINAFTER DESCRIBED PROPERTY, IN CONJUNCTION WITH ANNEXATION,
LOCATED SOUTH OF CREEKWOOD DRIVE FROM COUNTY C -1 AND R -2 TO CITY
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, in conjunction with annexation, from County C -1 and R -2 to City R -1 Single -
Family Residential District, to wit:
Lot 1 of the NE 1 /4 SW %, Section 2, T88N, R2E of the 5 P.M., 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 18th d
Jeanne F. Schneider, City Clerk
Roy D. Bu9j Mayor
October 2010.