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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 LIT s 2. TIT. 1 RI 189'00'52 "E 1356.14' ic ,1 V1/4 SEC FOUND SCM O 123E 11/4 CORNER OF SECS= 2. TAd, 132E N LJNE PREPARED SY: COES:2 & ASSOCIATES ADDRESS: 1212 LOCUST S E7 011' Plot of Survey of: Lot 1 )f the NE1 /4 SW1 /4, Section 2, MN, R2E, of the 5th P.M., Dubuque County, Iowa Cc olprisad o'r. o pork of HAW NE1 /4 541/4. Sac °•:c1 2. T59N. R25 of the 5313 P.Y., LtLDgv! Ccwst7. No LOT 1 NaE1 /4 sw1 /4 SECTION 2, 118N, R2E vi. AREA = 2,79 ACRES 300.4113Q0 47') PART OF NE1 /4 S1,111 /4 SECTION 2, ISSN, R25 AREA = 35.7 ACRES ti/° LOT 5 of T1142.E13 11T517 ESTATES 2 Na55'O3'52 -E 411.04' NOTES 1. AS YEASUREMEf2TS ARE D1 FEET AND OWM3TS T2 REOF. 2. PROEM OF 1242 AE1 /4 SNI /4. SECTION 2. 1411. 112E JOHN L ANC °PER 2073 T10R7511DOO CT. OU8SIONS. IA 52803 .3. 9Jf11Tt'V00 RCQOGSTED EY: GREG 1c"°3T 20910 S 0221 PAM! CT SUITS 1. D2J JCUE. IA 52003 4. 701/!. AScSA sunvEro I5 2.70 ACRES 5. TES PLAT IS SUBJECT TO AU. EASEMENT OF RECORD AaO 1301 OF RfCORo .mwt o A DNA/ ACCESS raj/ LOT 1 EL', OE ACROSS LOT 5 or TUBER -HISST E5TA1F.S 12 "M 21 S1210'57'E 24.75' i f 11663' RIMY L. 117-12' (DAZE MIME 11.11120 15297 YY L'2R5E 921429A1 DABS 13 C_C-19CZ21 31. 250 SHEETS COVERED 07 11*5 E11. SHEETS 1 t 2 VA PH 1.u• 552 -4339 0' 50' 180' SCALE: 1" • 100' I ) T A LEGEND LO7 1 1/24:: Ri 1/4 PSC0'00 E 045.77' FOUND 1/2' ROO II/TELL 14417 117NESS CORN(N 39' NORTH OF MIME CF SECnoW 2. TWA E IE DOS IS AN ASSUMED KEAN MC FON 1■5E PUAFCSS or This SJNVEY ONLY. 200' FOAM S19I0AA9 C- -41'2 MO£18717 6521} FOAL 1/2 ADS N/55ALOw 197 #14427 NLAC(D 9/9 1'O1 REM 9 /91/41Gt 11A1125 car 1125141) 110514* 12417° 5R4EY150 90I'JAMft U+E AROFOIIT 1*25 It1C 9 DSEME 31 TOTAL AREA I /IE11Ea1 cER021 1-1AT 543 LAID 16fi105*1D 061:1a41T WAS LA PREPARED ARD SC MATED 51096.2 902* WAS PE1NOr1ED BY u_ Ca DS O ° . •••• 11N9CR 157 MCI' LL19912L 03 3'4SO1 2110 2217 W A 01.2y (' 111 UL'OE! 81E 1. t7S s7A1i OF IC4.1 Ira =Or n. PRWK ma) 1154.0/911 MOT MAIN sr Its amp sr. as tRmluaa AO swum= !MAY ORAL• 3/]]/19 P1.01 SAIL 5/11/19 D6 NO Ia05' ..01 %CUSP P IG9 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.