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Request to Rezone_Bedrock Devleopment, McFadden Family ParternshipPlanning 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: There were no public comments. A simple majority vote is needed for the City Council to approve the request. Respectfully submitted, Jeff Stiles, Chairperson Zoning Advisory Commission Attachments THE CITY OF DUB Masterpiece on the Mississippi Dubuque E VIP 2007 February 10, 2011 Applicant: Bedrock Development, LLC / McFadden Family Partnership Location: South side of Pennsylvania Avenue, east of Heacock Road Description: To rezone property from R -3 Moderate Density Multi - Family Residential District to AG Agricultural 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 Ed Graham, representing Bedrock Development, spoke in favor of the request. He noted that the request to rezone back to Agricultural was part of the original purchase agreement with the McFadden's. Hugh McFadden, representing McFadden Family Partnership, spoke in favor of the request. Staff reviewed existing land use of property and noted the property was recently zoned to R -3 Moderate Density Multi - Family Residential District. The Zoning Advisory Commission discussed the request, and felt it is appropriate. Recommendation By a vote of 4 to 1, the Zoning Advisory Commission recommends that the City Council approve the request. Service People Integrity Responsibility Innovation Teamwork Masterpiece an the Mississippi • ►.e ['Variance ❑Conditional Use Permit ['Appeal ['Special Exception Limited Setback Waiver ezoning Property Owner(s): Applicant/Agent: Dubuque '111 1.' 2007 PLANNING APPLICATION FORM ❑Planned District ['Preliminary Plat Minor Final Plat ['Text Amendment ['Simple Site Plan ['Minor Site Plan Applicant/Agent: . FC � O/LoCGL / Des/. � Address: 7,7 cl �S1/ /1-0 cit State: // .:4- / ' Zip: `_ / f Fax Number: // c�0 " /(4.h 3 Cellular Number: _E -mail Address: G 4 & a'' i /C�t AIM Site location /address: 36 '4 W-40 S `✓ / 4 Existing zoning: 3 / ❑Major Site Plan ❑Major Final Plat ['Simple Subdivision ['Annexation ❑Temporary Use Permit Please type or print legibly in ink Property owner(s)1d t i9' / / % /4 ,3 ©. 64/15 ✓ City: I IA 6),(k • Address: � / Cellular Number: /" � � Y� � h ! �" City. Fax Number: / + / //q Proposed zoning: Phone: 4. All additio required i - an s raphi dais ttached. FOR PFFICE USE ONLY — APPLICATION SUBMITTA HECKLIST Historic District: Landmark: Date: Date: /2-`Z ?k 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: 53 -- 5 ? 75 Phone: State: Zip: 5'2 E -mail Address: y.. f4 cry . c 9 � . (e' 90 — Z-00 / Legal Description (Sidwell parcel ID# or lot number /block number /subdivision): /d Z / /Ococ$ /Q - /00OD Total property (lot) area (square feet or acres): 7.) Describe proposal and reason necessary (attach a letter of explanation, if needed):. %1 cam - 4 S k /e . 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. U1/4101. '5i o Z,-" ;1 tr 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 /2 —3 ZO Fee. ! . 000 Received by: ZX /. Date: / ' 3 • f Docket: ❑ Site /sketch piano Conceptual Development Plan ❑Photo ❑ Plat ❑ Improvement plans 0 Design review project description ❑ Floor plan ❑ Other: Dubuque 11 11 � 2007 THE crtY OF DUB Masterpiece on the Mississippi Vicinity Map Applicant: Bedrock Development, LLC / McFadden Family Partnership Location: South side of Pennsylvania Avenue east of Heacock Road Description: To rezone property from R -3 Moderate Density Multi - Family Residential District to AG Agricultural District. Legend Proposed Area to be Rezoned 0 Dubuque City Limits i ®ase uata r o iiaea Dv uuowaue uounty uii5 REZONING STAFF REPORT Zoning Agenda: February 2, 2011 Property Address: Property Owner: Applicant: Proposed Land Use: Agricultural Existing Land Use: Agricultural Adjacent Land Use: North — Agricultural East — Agricultural South — Agricultural West — Residential /Agricultural Former Zoning: Impact of Request on: 5304 Pennsylvania Avenue McFadden Family Partnership Bedrock Development, LLC 1934 — County 1975 — County 1985 — County Adjacent Zoning: North — Public Services: Existing public services are adequate to serve the site. Proposed Zoning: AG Existing Zoning: R -3 City of Asbury East — AG South — PI West — AG Total Area: 75 acres Property History: The property has been used for agricultural purposes for over 100 years. The property was rezoned to R -3 Moderate Density Multi - Family Residential District on September 20, 2010. 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. Utilities: Existing utilities are adequate to handle the future development of this property. 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 is classified as a minor arterial. The current vehicle count is 4,375 Average Daily Trips based on a City Engineering Department count taken on August 5, 2010. Rezoning Staff Report — 5304 Pennsylvania Avenue Page 2 Environment: Staff does not anticipate any significant adverse impact to the environment. Adjacent Properties: Staff does not anticipate any impact to adjacent properties by the rezoning of this subject parcel to Agricultural District. CIP Investments: None proposed. Staff Analysis: The applicants are requesting rezoning of approximately 75 acres from R -3 Moderate Density Multi - Family Residential District to AG Agricultural District. The subject property is located south of Pennsylvania Avenue approximately one - quarter mile west of the Pennsylvania Avenue /Radford Road intersection. The applicant is requesting this rezoning to restore the original Agricultural District designation previously applied to the property on behalf of the property owners, McFadden Family Partnership. The anticipated residential subdivision will not be developed, so as part of the agreement between the land owner and developer, the developer (Bedrock Development, LLC) must seek a rezoning back to Agricultural District. 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: Reviewed: ' 9 Date: /• 2.5% i ZaMnO E410EII.dg 6/24/2010 2:24:44 PM 06444 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. 13 -11 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED ON THE SOUTH SIDE OF PENNSYLVANIA AVENUE, EAST OF HEACOCK ROAD FROM R -3 MODERATE DENSITY MULTI - FAMILY RESIDENTIAL TO AG AGRICULTURAL 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 R -3 Moderate Density Multi - Family Residential District to AG Agricultural District, to wit: Lot 1 of 1 NW 1 /4 NW'/ Section 29 T89N R2E except the easterly 224 feet and the SW'/ 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. Attest: City Clerk Passed, approved and adopted this 22 day of February, 2011. Roy D. Buol, Mayor