Request to Rezone Property at 3966 Asbury Road
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Prepared by: Laura Carstens. City Planner Address: 50 W. 13th St.. City Hall Telephone: 589-4210
ORDINANCE NO. 39 -00
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF
THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING
HEREINAFTER DESCRIBED PROPERTY LOCATED AT 3966 ASBURY ROAD
FROM AG AGRICULTURAL TO R-1 SINGLE-FAMILY RESIDENTIAL, R-3
MODERATE DENSITY MULTI-FAMILY RESIDENTIAL, AND C-2
NEIGHBORHOOD COMMERCIAL SHOPPING CENTER DISTRICT
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That Appendix A (the Zoning Ordinance) of the City of Dubuque Code
of Ordinances is hereby amended by reclassifying the hereinafter described property
from AG Agricultural to R-1 Single-Family Residential, R-3 Moderate Density Multi-
family Residential and C-2 Neighborhood Shopping Center District, as shown in Exhibit
A, and to the center line 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, and at such time that the herein described property is legally annexed
into the City of Dubuque, Iowa.
Passed, approved and adopted this 1 st day of May
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
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THE CITY OF, ~'
DUB E
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PLANNING APPLICATION FORM
o Variance
o Conditional Use Permit
o Appeal
o Special Exception
o Limited Setback Waiver
~ezoning
o Planned District
o Preliminary Plat
o Minor Final Plat
o Text Amendment
o Simple Site Plan
o Minor Site Plan
o Major Site Plan
o Major Final Plat
o Simple Subdivision
o Annexation
o Temporary Use Permit
o Certificate of Appropriateness
o Certificate of Economic Hardship
o Other:
PLEASE TYPE OR PRINT LEGIBLY IN INK
Property Owner(s): '1': m cJ- S a..ftL
Address: 3(M t A 5 heN,?, 12 d.-
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City: DC/I:,
Phone: S J"3 -07' 0 Y
State: r A Zip: S- 2.vu 2-
,J9Cj-273t
Fax Number:
Mobile/Cellular Number:
Applicant/Agent:
Address:
City:
State:
Fax Number:
Mobile/Cellular Number:
City of Dubuque
Planning SeNices Department
Dubuque IA 52001-4864
Phone: 319-589-4210
Fax: 319-589-4149
Phone:
Zip:
Site location/address: :3 "1 b b ,4 s 6 V' ry ad - L( I C/O ?
Existing zoning: A G Proposed zoning: C:J. -R.1/R;;,~icdistrict: .v/4 Landmark: D/A
Legal description (Sidwell ParcellD number or lot number/block number/subdivision): Lo~ t of / eiT..J- 0+
2- ... /2 -Sw f Jec. It, '1 tf-'l IV 6{ 2;;)' -/{)-60-'(;O()-035
Total property (lot) area (square feet or acres): 58 lK."~ oS Number of lots: J.2. 'i' / - -3,z - CO I
Describe proposal and reason necessary (attach a letter of explanation, if needed): R c. 7'_; "':l .c...~
~"'-~c:.. eo-.... v-ct'r;, ( "'-.~) Q..,s.;Cle.i-;o..l O.,\lel",?_c...+:
CERTIFICATION: I/we, the undersigned, do hereby certify that:
1, The information submitted herein is true and correct to the best of my/our knowledge and upon submittal
becomes public record;
2. Fees are not refundable and payment does not guarantee approval; and
3. All additional required written and graphic materials are attached.
Property Owner(s): :7 ~ 1'/4
Applicant/Agent:
Date:
':2../Y /.2cc<,,'
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Date:
I. FOR OFFICE up: Y~ICATION SUBMITTAL CHECKLIST
Fee: :t.c:l:?O. 00 Received by: t Date: ~2~/= Docket:
o Property ownership list 0 Site/sketch plan Floor plan 0 Plat 0 Conceptual development plan
o Improvement plans 0 Design review project description 0 Photo 0 Other:
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Proprietors:
Tim E. Hilby
Sara J Hilby
~Asbury Road
Dubuque, Iowa 52002
WHKS
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~50 CEtllllAL ,o,\'tNUE
EXHIBIT MAP
PROPOSED HILBY REZONING
CITY OF DUBUQUE,
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ProDertv Descriotion
lot 1 of Lot 1 of lot 1, and Lot 2 of Lot 2 of Lot 1 of
the east one-half of the southwest 1/4 of Section 16, in
Township 89 North, Range 2 East of the 5th P.M., in the
City of Dubuque. Dubuque County, Iowa.
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DU8UQUE. IQWA, S200'-10H
REZONING STAFF REPORT
Zoning Agenda: April 5, 2000
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Property Address: 3966 Asbury Road
Property Owner:
Tim and Sara Hilby
Applicant:
Tim and Sara Hilby
Proposed Land Use: Residential/commercial
Proposed Zoning: C-2; R-3; R-1
Existing Land Use:
Agricultural
Existing Zoning: AG
Adjacent Land Use:
North - agricultural
East - residential
South - agricultural
West - religious
Adjacent Zoning: North - AG
East - R-3/R-1
South - AG
West - R-1
Former Zoning:
1934 -County; 1975 -AG; 1985 - AG
Total Area: 55 acres
Property History: The subject property has been used for agricultural purposes.
The applicants received approval for rezoning of 4.5 acres from AG to C-2 in March,
1999, which is directly east of the Resurrection Church property and fronting on Asbury
Road.
. Physical Characteristics: The subject property runs from Asbury Road to the south
right-of-way line at the Northwest Arterial. The property generally drains to the
southeast and can be characterized as rolling topography.
Concurrence with Comprehensive Plan: The 1995 Comprehensive Plan designated
the area for a mixture of single and multi-family residential as well as a commercial
node and open space. The subject parcel comprises a portion of Growth Area 10 that
the Comprehensive Plan indicated as, "Area 10 is a multi-family/single-family residential
mix with neighborhood commercial nodes at John F. Kennedy Road and Asbury Road,
and no access to the Northwest Arterial."
Impact of Request on:
Utilities: City staff have reviewed the proposed development on a preliminary basis
and believe that existing utilities can be extended to the site to adequately serve
the proposed development.
Traffic Patterns/Counts: Access to the development will be from Asbury Road
which is designated as minor arterial. Based on 1997 lOOT traffic counts, Asbury
Road carries approximately 9,050 vehicle trips per day.
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Public Services: Existing public services are adequate to serve the development.
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REZONING STAFF REPORT
Page 2
Environment: Staff do not anticipate any adverse impact to the environment,
providing adequate erosion control is provided during all phases of construction
and that storm water control is provided as per City Engineering standards.
Adjacent Properties: The proposed development will change an agricultural field to
one developed with residential and commercial buildings and will thus increase the
ambient light level of the area as well as an increase in the volume of traffic utilizing
Asbury Road.
CIP Investments: None proposed.
Staff Analysis: The applicants, Tim and Sara Hilby, are requesting rezoning of
approximately 58 acres from AG Agricultural to C-2 Neighborhood Shopping Center
District, R-3 Moderate Density Multi-Family Residential, and R-1 Single-Family
Residential District. The Hilby's are requesting rezoning of the entire acreage except
for the northern-most 9.6 acres which they desire to leave as agricultural zoning at this
time. The Hilby's wish to hold off on rezoning of the north 9.6 acres until such time as a
trend develops in development along the Northwest Arterial that would indicate whether
it would be appropriate to rezone it to a commercial designation or a residential
designation.
Attached to this staff report is an exhibit map that shows the proposed Hilby rezoning
and also provides information on the acreage for each of the zoning classifications
requested as well as a preliminary lot and street layout for the single-family residential
subdivision. The applicants will submit a preliminary plat to the Zoning Advisory
Commission once their rezoning request has been reviewed by the Dubuque City
Council.
The proposed development will take its primary access off of Asbury Road. Asbury
Road is designated as a minor arterial and carries approximately 9,050 vehicle trips per
day. The proposed single-family residential development will plat off approximately 60
single-family residents which will generate an additional 573 average vehicle trips.
The area proposed for rezoning to R-3 could be developed as single-family residential
up to six-units in one building and could be designed as either apartments, townhouses
or condominiums. Planning staff estimate that, depending on how the 3.7 acres is
developed, between 117 and 243 average vehicle trips could be generated from this
3.7 acres.
The impact of the commercial development on vehicle trip generation is extremely
difficult to predict at this time as the mix of commercial uses has a significant affect on
the amount of vehicle trips generated. In addition, because the commercially zoned
property is not visible from the Northwest Arterial, it is likely that it will be a mixture of
office service or retail-type businesses. Another factor involved in determining the
impact commercial businesses will have on generating vehicle trips is the percentage of
pass-by traffic that the commercial businesses pull in.
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REZONING STAFF REPORT
Page 3
The Zoning Advisory Commission is being asked to make a recommendation regarding
only the proposed rezoning of the Hilby property and not the lot layout. Planning staff
believes the submitted rezoning request is in compliance with the 1995 Comprehensive
Plan as the proposed rezoning is a mixture of single- and multi-family residential and
provides the anticipated commercial node along Asbury Road.
Staff recommend that the Zoning Advisory Commission review Section 6-1.1 of the
Zoning Ordinance that establishes criteria for the review of rezoning requests.
Prepared by: j::J I-/- Reviewed: p/fl
Date: .::qIz.~=
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c.R E1.U 't 'tEet Lo n
4300 ASBURY ROAD
DUBUQUE, IOWA 52002-0497
CiTY OF DU8UQUE
MAR ::; 0 2000
Chairperson
Zoning Advisory Commission
Planning Services Department
City Hall
50 W. 13th Street
Dubuque Ia 52001
March 29,2000
Dear Mr. Chairperson:
The Church of the Resurrection does not object to the Proposed Rezoning of the Tim and
Sara Hilby property located at 3966 Asbury Road, However, in view of the requested R-l and
R-3 zoning, it would be advantageous for everyone, the Hilby's, The Church of the Resurrec-
tion and the City of Dubuque to have an access street or road connecting this property with
Church owned property. It should be located on the West side of the property, similar to the
one provided on the East side.
This access is requested for two (2) important safety factors:
1. It would provide a safer way for the children attending Resurrection School, without
going out onto Asbury Road. We are very concerned about the safety of the
children, walking to and from school, on Asbury Road.
2. With only one (1) access from Asbury Road for this property, it would provide
access for Emergency Vehicles, to this property, in the event the Asbury Road was
not accessible.
A representative of the Resurrection Finance Committee, Mr. Virgil Blocker, will be
present at the public hearing on Wednesday, April 5, 2000, to address the Commission regard-
ing this matter.
Sincerely yours in Christ,
onald R. Bruggeman
Pastor
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Planning Services Deparbnent
50 West 13th Street
Dubuque, Iowa 52001-4864
Phone (319) 589-4210
Fax (319) 589-4149
5i7~%duE
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April 11, 2000
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque, IA 52001
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RE: Rezoning
Applicant: Tim and Sara Hilby
Location: 3966 Asbury Road
Description: To rezone property from AG Agricultural District to R-1 Single-Family
Residential District, R-3 Moderate Density Multi-Family Residential District
and C-2 Neighborhood Shopping Center District
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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, noting that the proposed rezoning will allow
development of a single-family subdivision with commercial and multi-family development
adjacent to Asbury Road. Several people spoke in favor of the request indicating a need
for additional single-family lots in the City of Dubuque. A representative of Resurrection
Church discussed the potential for having a pedestrian access between the subdivision
and church property, and that the Hilbys were favorable to providing an access. Staff
reviewed the proposed rezoning, and noted that it was in substantial compliance with the
Comprehensive Plan.
The Zoning Advisory Commission discussed the request noting that members of the
Commission had stated at a previous rezoning request, the desire that the Hilbys bring
forward a planned development rather than a straight rezoning request as they have done,
Recommendation
Bya vote of 5 to 2, the Zoning Advisory Commission recommends that the City Council
deny the request
Service
People
Integrity
Responsibility
Innovation
Teamwork
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The Honorable Mayor and City Council Members
April 11 , 2000
Page 2
The City Council can concur in the denial without a public hearing. A simple majority vote
is needed for the City Council to deny the request or set a date for a public hearing. A
super majority vote will be needed to approve the request.
Respectfully submitted,
~.~ ~z,/~
Richard Schiltz, Chairperson
Zoning Advisory Commission
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