Peru Road 17111 Property Reclassification
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Prepared by: Laura Carstens. City Planner Address: City Hall. 50 W. 13th Street Telephone: 589-4210
ORDINANCE NO. 11 -99
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE
CITY OF DUBUQUE CODE OF ORDINANC~S, BY RECLASSIFYING H~REINAFTER
DESCRIBED PROPERTY LOCATED AT 17111 PERU ROAD FROM DUBUQUE
COUNTY A-1 AGRICULTURAL DISTRICT TO CITY OF DUBUQUE R-1 SINGLE-
FAMILY RESIDENTIAL DISTRICT, CONCURRENT WITH ANNEXATION.
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Whereas, Ronald and Joann Ludwig, property owners, have requested rezoning
concurrent with the annexation to the City of Dubuque, in accordance with Section 2-3 of
Appendix A (the Zoning Ordinance) of the City of Dubuque code of Ordinances; and
Whereas, this request has been found to be consistent with the Comprehensive Plan
and the Future Land Use Map of the Comprehensive Plan.
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
Dubuque County A-1 Agricultural District to City of Dubuque R-1 Single-Family Residential
District, to wit:
Lot 1 of 1 SE 1/4 SE 1/4 Section 2, T89N, R2E 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
Attest:
. PUCOUNCIUORD/peru.rez
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Pbnning Ser\'lCeS Division
City H~II. I.'th &: Central Avenue
Dubuque, Iowa 52001
(319) 513".42l0
TI-lE CITY OF ( ---::----
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PLANNING APPLICATION FORM
Zoning Board of Adjustment
Variance
Conditional Use Permit
Appeal
Special Exception
Limited Setback Waiver
Zoning Commission
~Rezoning
- Planned District
_ Preliminary Plat
_ Minor Final Plat
- Text/Plan Amendment
Development Services
_ Simple Site Plan
Minor Site Plan
Major Site Plan
_ Major Final Plat
PLEASE TYPE OR PRINT LEGIBLY IN INK
Property Owner(s):R()/VatJ fl. IJ/t/J c!b/l/VA,I /-..t.ui wi',! Telephone: 3/'1 ,j-<f ;<.t;;/s- /
,
Address: /7 11/ ~"l-r ).-d City: /Jub State: J/l Zip: .,$-t?{()(}1
Applicant / Agent: Telephone: 31tj S? ;< (; /0/
Address:
Site Location/Address: 17 11/ /e J..l( ;... cI
City:
--
wes/
State:
or f>e I-u ;..CI
Zip:
. -17 L)/
Existing Zoning: C oct }./ Iy G Proposed Zoning: /1,
Legal Description (mE?tps and bounds. or lot umber/block number/subdivision): -Lor / C/~ "'-07 /
o - lie s. jF. Ytt or Tile S. E. l 0;; See.;1... IV I CJ€.-c>/l)",(,/-/i- JI> r II/.
/? Cl 1\/ q e. ;< J:. t?~ T fI e ...5- r If "f1. J IV /J a IJ C. 0 COv 7y ':;::-Vl-v /1
Total ~roperty (lot) Area (Sq. Feet or Acres): ;< 0 1/-(; ).~h !:- Number of lots: /,/ \
Describe proposal and reason necessary (attach letter of explanation if needed): .s'e e Le 77e I-
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 a public record;
2) Fees are not refundable and payment does not guarantee approval; and
3) All addmanal required written and graphic matena. a~tt~ched.
Property Owner{s): R~.Mi' ~ ~ Date: /- ...:{- 9'
Applicant / Agent: Date:
FOR OFFICE USE ONLY -~!L1CATION SUBMITT~L CHECKLIST
.e: R,:o . Received by: .V~ Date: ~/~N? Docket:.
Property Ownership List: e Plan: Floor Plan: Plat:
Conceptual Development Plan: Improvement Plans: Other:
Service
People
Integrity
Responsibility
Innovation
Teamwork
Itlllliillli'llill'llill:llillJ'II_!llliIIIlJl:i:lli:llli!:li:!:i::::!iii:i!!!!:!!!!i!!!i!i!!!i!i!!!!!i!!!il'
~ ~ DixieDr'"
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I??(j Area to be rezoned
Applicant: Ronald and Jo Ann Ludwig
Location: 17111 Peru, Road (County)
Proposal: To rezone from County Agricultural
to City R-1 Single-Family Residential
District (in conjunction with
annexation request to the City).
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REZONING STAFF REPORT
Zoning Agenda: 2/4/99
Property Address:
1 7111 Peru Road
Property Owner:
Ronald R. and Joanne Ludwig
Applicant:
Ronald R. and Joanne Ludwig
Proposed Land Use: Residential
Proposed Zoning: R-1
Existing Land Use: Agricultural
Existing Zoning: County
Adjacent Land Use: N--Residential: W--Residential: S--Agricultural: E--Agricultural
Adjacent Zoning: N--R-3: W--R-1 /A-1: S--A-1: E--R-3
Former Zoning: 1934 County 1975 County 1985 County
Total Area: 20 acres
Property History:
The subject parcel has been used for agricultural purposes.
Physical Characteristics: The subject parcel is served by a private driveway that
extends to Peru Road. The property generally slopes to the northwest.
Concurrence with Comprehensive Plan: The 1995 Comprehensive Plan did not
include this area. The 1 990 DMA TS Plan designated the area as Future Residential.
The 1965 Gruen Plan designated the area for Single-Family Residential
Impact of Request on:
Utilities: Existing utilities in the area are capable of handling anticipated
development of the subject parcel.
Traffic Patterns/Counts: Access to this area will be provided by stubbed out
public street from the adjacent development proposed by Ed Tschiggfrie.
Access to the site previously was provided by a private lane owned by the
property owner's brother Lawrence Ludwig.
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REZONING STAFF REPORT
Page 2
Public Services: Existing public services are adequate to serve the
development.
Environment: Staff do not anticipate any adverse impact to the environment if
adequate erosion control is provided during all phases of construction.
Adjacent Properties: The surrounding property primarily is developed for single-
family residential and the proposed rezoning would continue that development
pattern. Access to the site would be from a development proposed by Ed
Tschiggfrie and would not utilize existing private streets within the county.
CIP Investments: None proposed.
Staff Analysis: The property owners are requesting rezoning of their parcel from
AG Agricultural District to R-1 Single-Family Residential District. The subject
property currently is in Dubuque County. The Ludwigs are requesting this rezoning
in conjunction with their annexation request to the City of Dubuque.
The City recently has modified its policy of annexation to allow the property owners
to seek annexation and rezoning at the same time. The joint processing of the
rezoning and annexation applications allows the applicant to know whether he has
approval to rezone prior to annexation into the City of Dubuque. The Zoning
Advisory Commission is only required to review the rezoning. The City Council has
sole review authority of annexation requests. The City Council will set a public
hearing on the annexation to coincide with receiving the Zoning Advisory
Commission's recommendation on the proposed rezoning.
The requested R-1 Single-Family zoning is compatible with surrounding land use.
Property adjacent to the subject parcel is developed for single-family homes on both
the north and east sides. Ed Tschiggfrie also has a request before the Zoning
Advisory Commission. If approved, he will develop property adjacent to the
Ludwig's south property line as single-family homes.
The subject parcel was not included in the 1995 Comprehensive Plan as it was not
designated as a growth area. However, growth areas tended to be areas that could
be served by gravity sanitary sewers. Since the research was completed on growth
areas, the City has been more willing to accept lift stations and force mains for
public maintenance due to improvements made in the equipment itself.
Development of the property will require a lift station and force main as the
REZONING STAFF REPORT
Page 3
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property drains toward the north and west, away from the City's sanitary sewer
main in Peru Road.
Staff recommend that the Commission review Section 6-1 .1 of the Zoning
Ordinance that outlines the criteria for the granting of rezoning requests.
Prepared by:
JrfI/? Reviewed: 1//4
(I
Date: l-lB-?'e
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CITY OF DUBUQUE
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FEB 0 1 1999
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To: Dubuque Zoning Advisory Commission
Ref: Ronald and Jo Ann Ludwig proposal to rezone to City R-1 from County
Agricultural (and Annex. request)
From: Harry and Mary Althaus
Date: January 31, 1999
My wife and I reside at 17104 Gardner's Lane and own 23 acres, part of which are
adjacent to the Ludwig property.
Most, if not all, of the Ludwig's approximate 20 acres drains through our
property and along a drainage ditch which passes about 40-50 ft. from our residence.
After speaking with Mr. Ronald Ludwig about his proposal, we realize there is not
a comprehensive development plan at this time. However, we feel it is reasonable to
assume development of single family homes will follow annexation and rezoning.
We do not have any objection to development of this property into single family
homes if the drainage issue is addressed.
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With the recent annexation and Planned Unit Development of 126 acres for
Frommelt/Tschiggfrie, and the upcoming request from Mr. Tschiggfrie for a proposed
development of 20 acres of multiple family and single family housing, both of which are
also adjacent to our property and drain through our property, we feel the drainage issue
must be addressed.
If all of these requests are granted and the property developed, the increased
water flow across our property will be very substantial.
We strongly feel the time to address the drainage issue is NOW- NOT in
litigation after our property has been devalued due to damage from excess drainage.
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Of our 23 total acres, approximately 17 acres have solid potential for future
development. That potential would be greatly diminished by the increased runoff
associated with the streets, driveways, sidewalks, and storm sewers of these proposed
developments. It is our understanding that both of Mr. Tschiggfrie's proposed
developments have storm sewers that will drain into retention basins that drain directly
across our property to the open ditch along Gardner's Lane. The drainage ditch closest to
our home currently runs near capacity a few times a year and we have spent countless
hours maintaining it to keep vegetation in it to discourage constant erosion. The release
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of the water from the retention basins will be over a longer period of time as we
understand it because the DNR laws state that the "rate of flow" may not be increased
across adjoining land owned by another. As a resultpur drainage areas will be turned into
wetlands due to the increased amount of drainage and the longer time span for that
drainage.
For all of these reasons we feel that the time to address these drainage problems is
NOW.
Sincerely,
/frtro/f/ffrNJ
Harry Althaus
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-r/)~ ~
Mary Althaus
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Planning Services Department
50 West 13th Street
Dubuque, Iowa 52001-4864
DUB~E
~&~
February 10, 1999
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque, IA 52001
RE: Rezoning - County A-1 Agricultural to City R-1 Single-Family Residential
17111 Peru Road (County)
Ronald and JoAnn Ludwig
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.
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Discussion
The applicant spoke in favor of the request. Staff reviewed the request, noting the
rezoning is in conjunction with the annexation of this property, which the City Council will
review at the same meeting as the rezoning request. The Zoning Advisory Commission
is being asked to review the rezoning only.
The Zoning Advisory Commission discussed the request noting that some adjacent
property owners expressed a concern with storm water runoff. Staff stated that storm
water runoff will be addressed as part of any future subdivision plat, which the Commission
will review.
Recommendation
Bya 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,
~S~/~
Jeff Stiles, Chairperson
City Zoning Advisory Commission
. Attachments
Service
People
Integrity
Responsibility
Innovation
Teamwork
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CITY OF DUBUQUE, IOWA
OFFICIAL NOTICE
Notice is hereby given that the Dubuque City Council will conduct a public hearing on
Monday, March 1, 1999 at a meeting to commence at 7:00 p.m. in the Public Library
Auditorium for the purpose to consider an Ordinance amending the Zoning Map by
reclassifying property located at 17111 Peru Road from Dubuque County A-1
Agricultural District to City of Dubuque R-1 Single-Family Residential District,
concurrent with annexation. (Copy of supporting documents are on file in the City
Clerk's Office and may be viewed during normal working hours)
Written comments regarding above reclassification may be submitted to the City Clerk
on or before time of public hearing.
At said time and place of public hearing, all interested citizens and parties will be given
an opportunity to be heard for or against said reclassification.
Any visual or hearing impaired persons needing special assistance or persons with
special accessibility needs should contact the City Clerk's Office at (319) 589-4120 or
TDD (319) 589-4193 in the Human Rights Department at least 48 hours prior to the
meeting.
Published by order of the City Council given on the 15th day of February, 1999.
Mary A. Davis CMC
City Clerk
It 2/19
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CITY OF DUBUQUE, IOWA
OFFICIAL NOTICE
Notice is hereby given that the Dubuque City Council will conduct a public hearing on
Monday, March 1, 1999 at a meeting to commence at 7:00 p.m. in the Public Library
Auditorium for the purpose to consider an Ordinance amending the Zoning Map by
reclassifying property located ah17111 Peru Roa~ from Dubuque County A-1
Agricultural District to City of Dubuque R-1 Single-Family Residential District,
concurrent with annexation. (Copy of supporting documents are on file in the City
Clerk's Office and may be viewed during normal working hours)
Written comments regarding above reclassification may be submitted to the City Clerk
on or before time of public hearing.
At said time and place of public hearing, all interested citizens and parties will be given
an opportunity to be heard for or against said reclassification.
Any visual or hearing impaired persons needing special assistance or persons with
special accessibility needs should contact the City Clerk's Office at (319) 589-4120 or
TDD (319) 589-4193 in the Human Rights Department at least 48 hours prior to the
meeting.
Published by order of the City Council given on the 15th day of February, 1999.
Mary A. Davis CMC
City Clerk
It 2/19
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FEB-15-99 MON 02:28 PM
TELEGRAPH HERALD
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CITY OF DUBUQUE, IOWA
OFFICIAL HOTlea;
Notice Is hereby gjv~n tho
DubuQUe City Council will
conduct a public hearing on
Monday, M~rch 1, 1999 at ft
meeting to commence at 7;00
p.m. in the Public Library
Auditorium for the purpo$e to
consider l!ln Ordinance
llmendi.nQ th.:. Zoning Map by
reclassifYing property located
at 17111 Peru Road from
DUbuque County A-1 Agricul-
tural District to City of Du-
buque R-l Single-family
Aesid~nlia' District, conClJr-
rent with annexation. (Copy of
supporting documenb Me on
file in the City CIQrJ('s Office
and may be viewed during
no~1 working hours)
Wntten comments rag::l(ding
above reclassification may be
,submitted to thCl City CIOI'I< on
or before timo of public hear-
Ing.
At said time and placQ of
public hearing, all interested
citizens and p3rtil~$ will be
9111$n an opportunity to be
heard for or against sard re-
classification,
Any visual or hearing Im-
p!5ired per:;ons needing spe-
Cial :1S&I$tance or persons with
zpecial accessibili~ need&
I>hould contaot the City Clerk's
Office at (319) 589-4120 or
TOO (319) 589-4193 in the
Human Rights Department ot
least. 48 hOUr~ prior to the
meeting.
PUblished by order of lhe City
Co~noil given On the 15th day
of February. 1999.
Mary A. Davis CMC
City Clerk
1t 2/19
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