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
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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
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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
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AG
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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