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Request to Rezone 3399 Eagle Point Drive_McDonaldPlanning 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. 13th Street Dubuque IA 52001 THE CITY OF DUB Masterpiece on the Mississippi Dubuque 1111-Amettca City 11111/ 2007 May 9, 2012 Applicant: Robert & Leann McDonald Location: 3399 Eagle Point Drive Description: To rezone property from R -1 Single - Family Residential District to AG Agricultural 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 surrounding AG zoning. He stated that he desired the agricultural zoning for the growing of vegetables but not the raising of livestock. Staff reviewed the staff report, noting surrounding zoning and land use, and the former use of the subject property. Staff noted the agricultural zoned land under cultivation in the vicinity. There were no public comments. The Zoning Advisory Commission discussed the request, and felt it was appropriate. Recommendation By a vote of 5 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, km A. Charles Miller, Chairperson Zoning Advisory Commission Attachments Service People Integrity Responsibility Innovation Teamwork Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St Telephone: 589 -4210 Return to: Kevin S. Firnstahl, City Clerk Address: City Hall, 50 W. 13th St Telephone: 589 -4121 ORDINANCE NO. 33 -12 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 3399 EAGLE POINT DRIVE FROM R -1 SINGLE - FAMILY RESIDENTIAL DISTRICT 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 -1 Single - Family Residential District to AG Agricultural District, to wit: Lot 2 of 1 of 1 of 1 of 6 Fountain Hill Resubdivision, 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 upon publications, as provided by law. Passed, approved and adopted this 21st da of May 2012. Roy D. Bu •j Mayor Attest: Trish L. Gleason, Assistant City Clerk OFFICIAL Fountain Hill Resub- OFFICIAL . division, 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 upon publi- cation, as provided by law. Passed, approved and adopted this 21st day . of May, 2012. /s /Roy D. Buol, Mayor - Attest: /s/Trish L • Gleason, Assistant City Clerk Published officially in the Telegraph Herald newspaper on the 25th dayvf4tay, 2012. /s/Trish L. Gleason, Assistant City. Clerk 1t 5/45 ORDINANCE NO. 33-12 AN ORDINANCE II AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF I ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY RECLAS- SIFYING HEREINAF- TER DESCRIBED PROPERTY LOCATED AT 3399 EAGLE POINT DRIVE FROM . R -1 SINGLE- FAMILX RESI- DENTIAL DISTRICT TO AG AGRICULTURAL DISTRICT. NOW, THEREFORE, BE 1T. 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 -1 Single- Family Resi- dential District to AG Agricultural District, to wit: Lot2oflofloflof6 STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: May 25, 2012, and for which the charge is $14.49. 73(,4 Subscribed to before m Notary Public in and for Dubuque County, Iowa, this _gee,/ day of ez" , 20 AO . i Notary Public in and for 1 ubuque County, Iowa. MARY K. WESTERMEYER Commiselon Number 154885 M. Cc5_'q�1; $ %i, FEE, 1 2O /4 THE CITY OP Dubuque DUB E ,`I Masterpiece on the Mississippi 1 I ['Variance ❑Conditional Use Permit ['Appeal ['Special Exception ['Limited Setback Waiver aRezoning /PUD 2007 PLANNING APPLICATION FORM ❑Preliminary Plat ❑Major Final Plat ❑Minor Final Plat ❑Simple Site Plan ['Minor Site Plan ['Major Site Plan Please type or print Ieaibly in ink Property owner(s): Q`z �-� ['Simple Subdivision ❑Text Amendment ❑Temporary Use Permit ['Annexation ❑Historic Revolving Loan [Historic Housing Grant Planning Services Department City Hall - 50 W. 13th Street Dubuque, IA 52001 -4864 Phone: 563-589-4210 Fax: 563 -589 -4221 planning @cityofdubuque.orq ❑Certificate of Appropriateness ❑Advisory Design Review (Public Projects) ❑Certificate of Economic Non - Viability :Historic Designation ❑Demolition in Conservation District ❑Port of Dubuque Design Review Phone: SC:- ' Z- 2;13 Z Address:3 3i'i Ptun►t Da. • City: D 5Q Fax #: 9aZ -CD-1-5 Cell #: a3 - C413 - 0-1-71'O E -mail: Applicant/Agent: State: Zip: S-4--"31:--) C(^AL�t• (� G "�{ ��n CC�Cs. c�lGl , (-11 d Phone: Address: City: State: Zip: Fax #: Cell #: E -mail: Site location /address:339CI £A( _.c. Pb NT 0 RIO E_ Neighborhood Association Existing zoning: h. Proposed zoning: P\(> District: l'-Jr7 Landmark: ❑YesNo Legal Description (Sidwell parcel ID# or lot number /block number /subdivision): C. r) h Total property (lot) area (square feet or acres): 2. P■c t4Z.S Describe proposal and reason necessary (attach a letter of explanation, if needed): .qJW- Ecfr P0-4,? it Tt. v�5 €.) F1R- AL ?(A-2? o SGS - V €C A3L L Ci4/1.0r r CERTIFICATION: I /we, the undersigned, do hereby certify /acknowledge that: 1. It is the property owner's responsibility to locate property lines and to review the 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. Property Owner(s): aicA1 4.J g 2, i "L. Applicant/Agent(s): Date: FOR OFFICE USE ONLY Fee: -3 _ Received by: �vC1 Date: _ -Z 1 et: AG MCDONALD PT 3290 IF • 4 t AG 3280 3270 3260 3260 2400 E0322 12='"° i3it ? EiiiR7. as HE W �-.�.�. QO c 05=. E!'C11 ii�iii,o _ si 3 C UMW= ®� Base Data Provided by Dubuque County GIS THE CITY OF DUB E' Dubuque 1III' II 2007 Masterpiece on the Mississippi Vicinity Map Applicant: Robert & Leann McDonald Location: 3399 Eagle Point Drive Description: To rezone property from R -? to AG Agricultural District. Legend Proposed Area to be Rezoned Zoning rn City Limits Path: H:1Planning Services\Vicinity Maps\ZAC Vicinity Maps\projects \Vicinity Map 12_22_11.mxd REZONING STAFF REPORT Zoning Agenda: May 2, 2012 Property Address: 3399 Eagle Point Drive (parcel #10 -01- 476 -003) Property Owner: Robert & Leann McDonald Applicant: Robert & Leann McDonald Proposed Land Use: Agricultural Proposed Zoning: AG Existing Land Use: Vacant Existing Zoning: R -1 Adjacent Land Use: North — Vacant/Residential East — Residential South — Agricultural West — Vacant/Agricultural Adjacent Zoning: North — R -1 East — R -1 South — AG West — R -1 Former Zoning: 1934 — County; 1975 — R -1 /AG; 1985 — R -1 /AG Total Area: Approximately 2.4 Acres Property History: This property originally was subdivided as part of the Fountain Hill Subdivision as part of the McDonald Estate. The house was built on the adjacent lot in 1949. The property has remained vacant subsequent to it. Physical Characteristics: The property is an approximately 2.4 acre parcel that is heavily wooded. The property is sloped from its high point at the northwest corner, dropping 15 to 20 feet at the southeast corner of the property. The property has an access drive along its east and north boundaries. Concurrence with Comprehensive Plan: The Future Land Use Map of the Comprehensive Plan calls for this property to remain open space. The Comprehensive Plan recommends buffering incompatible uses from each other. Impact of Request on: Utilities: Existing utilities are adequate to serve the site and the proposed rezoning should have limited impact on them. Traffic Patterns /Counts: The Iowa Department of Transportation 2009 Average Daily Traffic counts indicate 2,970 vehicle trips per day along Roosevelt Road south of the subject property access and 3,000 vehicle trips per day on Roosevelt north. Public Services: The existing public services are adequate to serve the site. Rezoning Staff Report o 3399 Eagle Point Drive Page 2 Environment: Staff does not anticipate any adverse impact to the environment provided any agricultural activity on this property is regulated according to established State of Iowa regulations. Adjacent Properties: The applicant and his family own the properties on three sides of the subject lot which accommodate a large single - family home, a small farm house, and several outbuildings. Much of the surrounding property is green space or is currently under cultivation; however, the eastern edge of the subject property shares adjacency with two single - family homes located in the Orchard Hills Subdivision. There are approximately 10 -12 houses in relatively close proximity to the subject property. Depending on the nature and intensity of the agricultural activity that may occur on this property, there is the possibility that impacts such as noise, odors, and the use of farm chemicals may have a negative impact on said properties. It is noteworthy that seven residential properties in the Orchard Park Subdivision directly south of the subject lot currently share adjacency with agriculturally zoned property that is under cultivation. CIP Investments: None proposed. Staff Analysis: The applicant is proposing to rezone approximately 2.4 acres of a large estate from R -1 Single- Family Residential District to AG Agricultural District. The subject property currently is vacant, heavily wooded, is bordered on three sides by the applicant's property, and shares adjacency with two residential lots in Orchard Park Subdivision. Drainage from the lot flows from the northwest to the southeast toward the applicant's AG property and also towards several lots within the residential subdivision. Redevelopment of this property for some of the more intense agricultural uses such as keeping of livestock or growing of row crops that require fertilization and irrigation, the use of pesticides, herbicides and fertilizers, may possibly have a negative impact on the adjacent residential properties. In the Unified Development Code the preamble for the agricultural zone notes that the AG district is intended to conserve farm land for agricultural purposes and to serve as a holding zone to prevent the premature development of large land acreages in recently annexed land for which the most appropriate use has not yet been determined. Staff recommends that the Commission review the criteria in Section 9 -5 of the Unified Development Code regarding reclassification of property. Prepared by: LA--`', Reviewed: Date: '%2,3-- / Z f:lusers\kmunson\wpl boards- commissionslzaclstaff reports\zac staff reports 20123399 eagle point drive (mcdonald) 04_25_12.doc 5 -21 AG Agriculture The AG District is intended to conserve farm land for agricultural purposes and to serve as a "holding" zone to prevent the premature development of large land acreages and of recently annexed' land for which the most appropriate future use has not yet been determined. 5 -21.1 Prohibited Uses The following uses are prohibited in the AG district: A. Feedlot B. Livestock confinement operation 5 -21.2 Principal Permitted Uses The following uses ate permitted in the AG district: 1. Farming and agriculture; including the raising of field crops and livestock, horticulture, forestry, animal husbandry, and similar farming activities 2. Noncommercial nursery 3. Railroad or public or quasi- public utility, including substation 5 -21.3 Conditional Uses The following conditional uses may be permitted in the AG district, subject to the provisions of Section 8 -5: 1. Kennel 2. Retail sale of agricultural products 3. Winery 4. Wind energy conversion system 5 -21.4 Accessory Uses The following uses may be permitted as accessory uses as provided in Section 3 -7: 1. Barbed wire or electric fences when used for livestock containment 2. Barn, shed or similar structure 3. Seasonal sale of produce grown on site 4. Single - family detached dwelling, provided it is located on a lot of 10 acres or more and is incidental and subordinate to an active agricultural use it serves 5. Wind turbine (building - mounted). 5 -21.5 Temporary Uses Temporary uses shall be regulated in conformance with the provisions of Section 3 -19. 5 -21.6 Bulk Regulations Reserved for future use 5 -21.7 Parking Minimum parking requirements shall be regulated in conformance with the provisions of Article 14. 5 -21.8 Signs Signs shall be regulated in conformance with the provisions of Article 15. Planning 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 Robert & Leann McDonald 3399 Eagle Point Drive Dubuque IA 52001 THE CITY OF DUB Dubuque E DJ 11111! 2007 Masterpiece on the Mississippi RE: City Council Public Hearing — Rezoning Request Dear Applicant: May 4, 2012 The City Council will consider your request to rezone property located at 3399 Eagle Point Drive at a public hearing on Monday, May 21, 2012. Please attend this meeting, or send a representative to the meeting in your place to present your request and answer questions. City Council meetings begin at 6:30 p.m. in the City Council Chamber, 2nd Floor, Historic Federal Building (Post Office), 350 W. 6th Street, Dubuque, Iowa. Please contact the Planning Services Department at (563) 589 -4210 if you need more information or have any questions. Sincerely; Kyle L. Kritz Associate Planner Enclosures cc: Kevin Firnstahl, City Clerk Service People Integrity Responsibility Innovation Teamwork CITY OF DUBUQUE, IOWA OFFICIAL NOTICE NOTICE is hereby given that the Dubuque City Council will conduct public hear- ings at a meeting to commence at 6:30 p.m. on Monday, May 21, 2012, in the Historic Federal Building, 350 West 6th Street, on the following: Rezoning Request by Catherine George to rezone property located at 890 Cedar Cross Road from CS Commercial Service & Wholesale District to C -3 General Commer- cial District. Request by Robert & Leann McDonald to - rezone property located at 3399 Eagle Point Drive from R -1 Single - Family Resi- dential District. to AG Agricultural District. Copies of supporting documents for the public hearings are on file in the City Clerk's Office and may be viewed during normal working hours. Written comments regarding the above public hearings may be submitted to the City Clerk's Office on or before said time of public hearing. At said time and place of public hearings all interested citizens and parties will be given an opportunity to be heard for or against said rezoning. Any visual or hearing impaired persons need- ing special assistance or persons with special accessibility needs should contact the City Clerk's Office at (563) 589 -4120 or TDY (563) 690 -6678 at least 48 hours prior to the meeting. Kevin S. Firnstahl City Clerk It 5/11 STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: May 11, 2012, and for which the charge is $18.22. „C't_tvi,,, PA, Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this /(r, day of ��� �.. , 20 (ca . ep4_, N ary Public in and for Dubuque County, Iowa. JANET K. PAPE Commission Number 199659 My Comm. Exp. DEC 11, 2013