Zoning 1501 W 32nd St. Luksetich, Spahn, Erhlich
Planning Services Department
City Hall
50 West 13th Street
Dubuque, Iowa 52001-4864
(563) 589-4210 office
(563) 589-4221 fax
(563) 690-6678 TDD
planning@cityofdubuque.org
www.cityofdubuque.org
T~ CI~ OF '-:__~_.
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June 10, 2005
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The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13th Street
DubuquelA 52001
".
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RE: Rezoning
Applicant: Luksetich Spahn Development/Paul & Bernice Ehrlich
Location: 1501 W. 32nd Street
Description: To rezone property from AG Agricultural District to R-1 Single-Family
Residential District.
'Co
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 proposed rezoning and a
preliminary concept of a subdivision that will be submitted at a future meeting.
Staff reviewed the surrounding zoning, land use and potential access to the subject site.
Staff noted that the proposed rezoning is consistent with the Comprehensive Plan.
There were several public comments regarding the rezoning request, speCifically regarding
access to the Olympic Heights neighborhood. The speakers were generally in favor of the
rezoning, but were concerned about access issues.
The Zoning Advisory Commission discussed the request, noting that it was consistent with
the Comprehensive Plan and that issues regarding a subdivision can be addressed once a
plat is submitted for review.
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,
;:!i1 ~ tnfL-
S;ff Stiles, Chairperson
Zoning Advisory Commission
cc: Gus Psihoyos, City Engineer
Service
People
Integrity
Responsibility
Innovation
Teamwork
..
Prepared by: Laura Carstens. City Planner Address: 50 W. 13th St.. City Hall Telephone: 589-4210
ORDINANCE NO. 39-05
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF
THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING
HEREINAFTER DESCRIBED PROPERTY LOCATED AT 1501 W 32ND STREET
FROM AG AGRICULTURAL TO R-1 SINGLE-FAMILY RESIDENTIAL 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 District to R-1 Single-Family Residential District, to
wit:
Lot 1 of 1 of 1 of 1 Fred Ehrlich's Place, Balance SW X, SW X, Section 11,
T89N, R2E and Lot 1 of 1 of 1 of 1 of 1 of 1 of 1 of 1 of 1 of 1 of 1 SE 1/4 ,
SW X Section 11, 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 20th day of
June
2005.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
~~
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Oty of Dubuque
Ptanning Services Department
Dubuque, LA 52001-4864
Phone: 563-589-4210
Fax: 563-589-4221
PLANNING APPLICATION FORM
o Variance
DConditional Use Permit
DAppeal
DSpecial Exception
DUmited Setback Waiver
~zoning
DPlanned District
DPreliminary Plat
DMinor Rnal Plat
DText Amendment
DSimple Site Plan
DMinor Site Plan
o Major Site Plan
D Major Rnal Plat
DSimple Subdivision
DAnnexation
DTemporary Use Permit
DCertificate of Economic Non-Viability
DCertificate of Appropriateness
DOther:
Please tvoe or Drint leaiblv in ink
Propertyowner(s): PlfuL T()fEPHJ.-BEl<fI/!Cc t&UCI-I phone:(563) :5?,J- /9'/0
j L.'-r'.J?E~1 0 L
Address: 150/ wE,Sr ~ M ./,"aty: f/BOf;l lJE State:.I.4- Zip: J;;u;oj
Fax Number: /~/j- /Y #-
Site location/a
Mobile/Cellular Number:
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aty: Ot/f3V(L Vir State:-U:- Zip:c 5d-OCl /
Mobile/Cellular NUmber~c~) ./:Jf/ 3--/6//
III ?T,xe
Applicant! Agent: L /}K -) EnOl
Address:
Existing zoning:
Proposed zoning: &~ Historic District: /I/O Landmark: IUO
Legal Description (Sidwell parcel ID# or lot number/block number/subdivision): J't=-E ffTrltCIIE/J
Total property (lot) area (square feet or acres): ,);==E.. . /t-Trlfc#EO
Describe proposal and reason necessary (attach a letter of explanation, if needed):
1/) ('!<ElJr IE- IT _)(;6 D/i/15/1J/lJ
CERTIACATION: 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.
~Owner\s): ~[~~
Applicant/Agent: ~ ~
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Date: 1/ - J ~ - oS
Date: &1;7'- ~ 6' -oS
FOR OFFICE USE ONLY - APPUCATlON SUBMnTAL CHE KUST
Fee fit Dill. Q";> Received by: ~ Date: If 2...9 DSocket:
DSite/sketch plan 0 Conceptual Development Plan o Photo o Plat
Dlmprovement plans DDesign review project desaiption DAoor plan o Other:
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REZONING STAFF REPORT
Zoning Agenda: June 1, 2005
Property Address: 1501 W. 32nd Street
Property Owner: Paul and Bernice Ehrlich
Applicant: Luksetich/Spahn Development
Proposed Land Use: Residential
Proposed Zoning: R-1
Existing Land Use: Agricultural
Existing Zoning: AG
Adjacent Land Use: North - AG
East - Residential
South - Residential
West - AG
Adjacent Zoning: North - County
East - R-1
South - R-1
West -AG
Former Zoning:
1934 - County; 1975 -County;
1985 -AG
Total Area: 108 acres
Property History: The property has been used for agricultural purposes since its
annexation into the City.
Physical Characteristics: The subject property has frontage on both W. 32nd Street and
the end of Olympic Heights. The subject property comprises approximately 120 acres
and is characterized by rolling topography. Current access to the farm house and
related farming buildings is from a driveway from W. 32nd Street.
Concurrence with Comprehensive Plan: This request implements the
Comprehensive Plan's Land Use Element Goals 1.2, 1.5,7.2,7.3, 9.2 and 9.5.
Impact of Request on:
Utilities: The subject property can be served by City water and sewer. City staff
has looked preliminary at how water and sewer services can be extended to serve
the development and why at least one lift station may be necessary to serve the
entire parcel and the existing infrastructure would not be burdened by development
of the property.
Traffic Patterns/Counts: West 32nd Street is classified as a minor arterial and
carries approximately 9,600 average daily trips based on 2001 vehicle counts.
Olympic Heights is classified as a residential street but has no vehicle counts
available.
Rezoning Staff Report - 1501 W. 32nd Street
Page 2
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 during all phases of development,
and that appropriate storm water control is provided as part of each phase of
development.
Adjacent Properties: The adjacent properties will be most significantly impacted by
the increase in vehicle trips on the surrounding street system and a change in the
use of the property from agricultural to residential.
Staff Analysis: The applicant is requesting rezoning of the subject property from AG
Agricultural District to R-1 Single-Family Residential district to facilitate development of
a new residential subdivision. The parcel has frontage on W. 32nd Street and Olympic
Heights Road.
The subject property is located north of W. 32nd Street and extends to the City's
corporate limit adjacent to the City of Sageville and extends to the east along the west
and north sides of the Olympic Heights neighborhood. The subject property has been
used for agricultural purposes for many years. Access to the site can be obtained from
both W. 32nd Street and Olympic Heights Road. The topography if the site is rolling with
a portion of the property draining toward the Central Avenue (U.S. Highway 52) and a
portion draining toward W. 32nd Street.
The site can be served by City water and sewer, and City staff has preliminarily
reviewed how to extend City services to serve the site. It may be necessary to install at
least one lift station to provide sanitary sewer service to the entire parcel.
Development of this land for a residential subdivision will require that storm water
detention be provided. Because of tfle topography of the site, it may be necessary to
provide two detention basins in order to adequately control storm water leaving the site.
The Comprehensive Plan Land Use Map designates the property for single-family,
duplex, or mixed residential development. The proposed development also complies
with the City's Comprehensive Plan goals of encouraging compact and contiguous
development that can be readily served with existing City infrastructure.
Planning staff recommends 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: p J' ~
Reviewed: P /-4
Date: 5-'Zl/-oS
SECTION 3. DISTRICT REGULATIONS
3.1. Residential Districts:
3-1.1. R-l Single-Family Residential District:
(A) General Purpose And Description: The R-l District is the most restrictive residential district.
The principal use ofland in this district is for low density single-family dwellings and related
recreational, religious and educational facilities normally required to service the residents
within the district. Low density residential areas shall be protected from higher density
residential development and from the encroachment of incompatible uses.
(B) Principal Permitted Uses: The following uses shall be permitted in the R-l District:
(1) Single-family residential dwelling (detached)-[ll].
(2) Churches, convents and monasteries-[7].
(3) Cemeteries, mausoleums and columbariums-[47].
(4) Public and private/parochial schools approved by Iowa State Board of Public Instruction
(K-12)-[10].
(5) Public or private parks, golf courses, or similar natural recreation areas-[47].
(6) Railroads and public or quasi-public utilities including substations-[47].
(7) Noncommercial nurseries and gardens-[N/A].
(C) Accessory Uses: The following uses shall be permitted as accessory uses as provided in
Section 4 of this Ordinance:
(1) Attac4ed garages.
(2) Detached garages.
(3) Noncommercial greenhouses.
(4) Solar collectors.
(5) Wind generators.
(6) Satellite receiving dishes.
(7) Storage buildings.
(8) Readily moveable sports, recreation, or outdoor cooking equipment.
(9) Tennis courts, swimming pools and similar permanent facilities.
(10) Home occupations.
(11) Noncommercial gardens and nurseries.
(12) Off street parking and storage of vehicles.
(13) Fences.
(14) Garage sales or rummage sales provided that not more than three (3) such sales shall be
allowed per premises per calendar year and not more than three (3) consecutive days per sale.
(0) Conditional Uses: The following conditional uses are permitted in the R-I district, subject to
the provisions of section 5 of this ordinance and are the minimum requirements for
application to .the board of adjustment for a conditional use permit:
(1) Bed and breakfast home, provided that: _
(a) The structure is either regulated by the historic preservation ordinance or is listed on
the national register of historic places;
(b) The use is maintained within an owner-occupied, single- family dwelling;
(c) The structure has a minimum total floor area of four thousand five hundred (4,500)
square feet, with not more than one sleeping room for each seven hundred fifty (750)
square feet of floor area, with a maximum of three (3) sleeping rooms;
(d) Signage shall be limited to one wall mounted sign not to exceed six (6) square feet in
area, not internally illuminated, and with direct lighting only with a sharp cutoff
luminance;
(e) The permit shall not license the property for rental as a private club, museum, or tour
home; and
(f) Parking shall be provided at a rate of one space per guest room. The parking shall be
provided on site or on a street frontage of the property, and should not intensify parking
problems in the neighborhood.
-
(2) Group daycare center provided that:
(a) Forty (40) square feet of indoor floor area (excluding halls and bathrooms) is provided
per child in areas occupied by cribs, thirty five (35) square feet of indoor area (excluding
halls and bathrooms) fs provided per child in areas not occupied by cribs times the
licensed capacity; and seventy five (75) square feet of fenced outdoor recreation space is
provided per child using the space at a given time;
(b) The parking group requirements can be met-[8]1;
(c) Such facility shall supply loading and unloading of children so as not to obstruct
public streets or create traffic or safety hazards;
(d) All licenses have been issued or have been applied for awaiting the outcome of the
board's decision; and
(e) Signage shall be limited to one nonilluminated, wall mounted sign not to exceed four
(4) square feet in area.
(3) Off street parking of operable automobiles to serve a permitted or conditional use in an
abutting office, commercial (except C-l district), institutional district or adjacent to churches
or schools only, provided that:
( a) No structure other than a screening or security fence or wall shall be erected on the
premIses;
(b) Signage shall be limited to one freestanding sign of no more than six (6) square feet in
size per drive opening, identifying the parking use, providing directions or marking
entrances and exits thereto;
(c) A site plan shall be submitted and approved as provided in section 4 of this ordinance.
(4) Keeping of horses or ponies provided that:
(a) A minimwn of two (2) acres of property is available for the first animal;
(b) A minimum of 1.5 acres of additional property is available for an additional animal,
up to a maximum of two (2) animals; and
(c) A shelter of at least one hundred fifty (150) square feet and enclosed on at least three
(3) sides shall be provided on the property.
(E) Temporary Uses: The following uses shall be permitted as temporary uses in the R-I district:
(1) Building or trailer for storage of materials and/or equipment necessary for construction
authorized by a valid building permit, provided the location of the building or trailer has been
approved by the building official.
(F) Bulk regulations:
Front Yard Setbacks
Lot Area
In Square Lot Coverage Rear Yard Building
R-l DISTRICT Feet Frontage As% Side Yard Setback Height In
BULK REGULATIONS x 1,000 In Feet Lot Area Min. MaL Setback % Depth Feet
Permitted Uses
Single-family residential 5 50 40 20 50 6 20 30
Church 20 100 40 20 20 20 30
(see section 2-5.10)
Conditional Uses
Nursery school/day care 6 60 40 20 6 20 30
(G) Parking Requirements: See section 4-2 of this ordinance.
(H) Signs: See section 4-3 of this ordinance.
---------
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l\r\l MAY 2 3 2005 \ill
erN OF DUBUQUE
PLANNING SERVICES DEPARTMENT
May 19,2005
Exclusive Referrals
Chris Spahn
300 Main Street
Suite 323
Dubuque, IA 52001
Office 563-556-1996
Fax 563-583-6364
Mobile 563-543-1611
christopherspahn@mchsi.com
Dear Resident:
Exclusive Referrals is requesting the City of Dubuque rezone the Ehrlich Farm from the
current Agricultural Zoning to Residential Zoning for the purpose of developing lots for
the construction of homes.
We would like your thoughts on the proposed project and ask for your attendance at an
informational meeting to be held at the west end of Olympic Heights, Tuesday, May 31,
2005 at 7:00 pm.
In case of inclement weather, the meeting will be cancelled and scheduled at a later date.
Sincerely,
~ 1J/~
Chris Spahn
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