Rezoning Request_Lot 3 Knepper Addition, C3 InvestmentsPlanning 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 Dubuque
DUBJEnedcacly
Masterpiece on the Mississippi
2007
July 6, 2012
Applicant: Davin Curtiss / C3 Investments Trust
Location: South of Creek Wood Drive (Lot 3 of Final Plat of Knepper Addition)
Description: To rezone property, concurrent with annexation, from County Agricultural
to City R -1 Single - Family Residential 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 location of the parcel,
surrounding zoning and that the request for rezoning is in conjunction with annexation of
the property.
Staff reviewed the staff report, noting that the applicant nicely reviewed the request and
staff was available for questions.
There were no public comments.
The Zoning Advisory Commission had no objections to the requested rezoning.
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,
ko-6 / U
Charles Miller, Chairperson
Zoning Advisory Commission
Service People Integrity Responsibility Innovation Teamwork
Masterpiece on the Mississippi
[Variance
['Conditional Use Permit
['Appeal
['Special Exception
['Limited Setback Waiver
Rezoning /PUD
Dubuque
bleag
1110F
2007
PLANNING APPUUCA`llON FORM
❑Preliminary Plat
['Major Final Plat
❑Minor Final Plat
❑Simple Site Plan
['Minor Site Plan
['Major Site Plan
['Simple Subdivision
['Text Amendment
❑Temporary Use Permit
L ,Annexation
:Historic Revolving Loan
EHistoric Housing Grant
Pease tvtoe or print legibly in ink
Property owner(s): C3 Investments Trust
Address: 700 Locust Street, Ste. 200 City: Dubuque
Fax #: 1 - 563 -556- 1867Ceil #: N/A E -mail:
Applicant /Agent: Trustee, Davin C. Curtiss
Planning Services Department
City Hall — 50 W. 13th Street
Dubuque, IA 52001 -4864
Phone: 563-589-4210
Fax: 563 - 589 -4221
planningCa?ci ue.orq
❑Certificate of Appropriateness
['Advisory Design Review (Public Projects)
['Certificate of Economic Non- Viability
['Historic Designation
['Demolition in Conservation District
❑Pori of Dubuque Design Review
Phone: 1- 563 - 557-8400
State: IA zip: 52001
dcurtiss @octhomaslaw.com
Address: 700 Locust Street, Ste. 200 City: Dubuque
Fax #: 1- 563 -556 -1867 Cell #: N/A
E -mail:
Phone: 1-563- 557 -8400
State: IA Zip:52001
dcurtiss @octhomaslaw.com
Site location /address: Lot 3 of Final Plat of Knepper AdditiOfieighborhood Association !L(
Existing zoning: Agr. Proposed zoning: Res District: Landmark: ['Yes [No
Legal Description (Sidwell parcel ID# or lot number /block number /subdivision): Lot 3 of Final Plat of Knepper Addition
Total property (lot) area (square feet or acres): .063 acres
(attached)
Describe proposal and reason necessary (attach a letter of explanation, if needed): Consolidation of residential
property to contiguous, commonly held parcel.
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): C3 investments Trust, by Date:
Applicant /Agent(s): Davin C. Curtiss, Trustee
n,r,. . .
FOR OFFICE USE ONLY
Date: May 29, 2012
Fee: Received by:
,77
Date: -CM * Docket:
Final Plat of: Knepper Addition,
Dubuque County, Iowa
Comprised of: Lot 2 of the 51/2 of the NW Fractional 1/4 end tre NE1 /4 5W1/4
(excluding Lot 1 of the 1401/4 SW1 /4), ell of Section 2,
08811, R2E of the 51h P.M., Dubuque County, Iowa
DETAIL
NO —SCALE
D.27
LOT 18
LOT 7
LOT 3
0.063 ACRES
'5
LOT 3 OF WE 51/2 OF THE 118
FRACTIONAL 7/4, 5CC4ON 2 18811, R2E
FO0N0 SOU 0 THE
81/41001 5E 71 11 2.,
021
N 89'00'52" E
49.67'
1306.47' 1/4 0ECna1 LUIS
i
N 89'00'52" E
2612.95'(2612.95')
PLACE0 5/6' IR011 00200
W /ORANGE PLASTIC CAP MARKED
'40(1KER 15487' 0 THE NW
CORNER OF 111E NE1 /4 581/4,
SECTOR 2, 18911, 025
0' 100' 200' 400'
SCALE: 1" = 200'
501/4 301/4, SECTION 2. TIM, 820
5'
10
T I M B E R
LO9 5
300.46'(300.41')
an
LO: 6
ter 4 u y
_ H y R S T E R T A T E z: 1
1p0194(5p02) 0) 855:1106:3018.03650i./647..
II n °n
3
N 73.00
54 I -1 3300 2 OF THE SI /E 0P 000 Rlr FRA SECTION 2. 728\. S N n
�� 69'00'52' 1/4 F_C ?511 uNE
S 89'00'52" W
110.58'(110.63')
N 12'10'57" W
24.76'(24.76')
OF THE 168/4 SHIP.
iION Y•
N 21'57'56" E
44.11'
N 21'57'56" E
26.38'
DETAIL
NO —SCALE
2
PLACES 5/0' 1806 RER00
W /220500 PLASTIC CAP LURx£0
_
140E1 %ER 15457. 0 THE 5W
CORNER OF THE NET/4 901/4,
SEC11011 2. 10804, R2E
1/4 1/4 SECTION LINE
LOT 1
36.690 ACRES
ACCESS FOR LOT 1 CF
XNEPPER ADDITION SHALL 8E
ACROSS 100 2E1 /4 0101/4
OF SECTION 2, 5861* R2E TO
KNEPPER LANE
2 LOT 2
FOUND 1/2" R00 11/YE!LCN CAP
04117 [011110 55 CORNER) 0
39.00' NCRTH OF THE CENTER
OF SECTION 2. 2005, R2E
LOT 2
2.949 ACRES
ACCESS FOR LOT 2 OF
NEUTER AOD100N SHALL 30
ACROSS LOT 1 OF ANEPPER
ADDITION AND THE SE1 /4
5111/4 OF SECTC.N 2. 086N
R2E TO 0NEPPER CANE
THIS 1S AN ASSU1.'E0
3)05,3G F " 11 PURPOSES
CT S
TH 1501!(Y ONLY.
5
7.20ED 5/6' 40N 02100
'N /CHANCE PLASTM1 CA? VAR4E0
<0EC4ER 15482 O T -E 1/ Es
je"wNER .F c2, 1EV4 SAi
.
SECT.ON 2. '__ 4:4.
39.0)
(39')
LEGEND
•
d
0
FWk0 STANDARD CONCRETE MONUMENT (Sal)
FOUND 5/8' ROD W/ORANCE CAP ,15457
109710 5/8• ROD IN/YELLOW CAP 14010
FOUND 1/2' Roo 5/111.100 CAP /1447
FOUND 5/8' ROD W/YELLOW CAP 14550
PLACES 5 /8• IRON 0(000 W /002)00
714500 CAP UMKEO '1501087 15487"
SURVEYED BOUNDARY LINE
PROPERTY MAE
CENIER UK
REM RIGHT OF WAY
( ) RECORD B10E651011
S 89'07'31" W 1312.95'
5E1/4 5411/4, 50001011 2. 18811, R20
NOTES
1. ALL UGSUREUEN1S ARE W FEET AND 0(00555 THEREOF.
2 PROFILED :A OF LOT 2 DF THE 51/2 OF THE NW TRACTIONAL 1/4 ANO THE 11E1/4 SW1 /4,
(00000405 LOT 1 OF THE NEI /4 5W1/4), ALL OF 5ECOON 2. 78811, R2E -
22124 1. 0NEPPER, 2673 420RNA000 CT, OUFARTIIE. IOWA 52003.
3. SURVEYED REOUE57(0 0W 03 INVESTMENTS TRUST
4. TOTAL AREA SURVEYED I5 39.702 ACRE5.
5. 506 PUT 15 SUD ECE TO ALL EASEMENTS OF RECORD AND NOT OF RECORD
FOONO 50111 0 THE
51/4 OF SECTION 2,
1880, 525
0,4vvlNROpr,
lPNO Goo.
TERYL •
1548
= IS18/ 7.0
221, �ON0 W M1OA"'
SHELLS 1.0 :22)0 Br 01!5 SEAL T. 570215 1 A 2
1 HEREBY CERTIFY THAT THIS LAND SURYT7115 000OUEHT WAS
PREPARED A110 THE RELATED 5URYEY 8)077 WAS PERFORMED BY ME OR
UNDER 110 0WECT PERSONAL SUPERVISOR AND THAT 1 AN A OILY
ICEN5Fr 10 550 n r 011020 THE LAMS F 111E 5 ATE OF IOWA.
�P ,. %/ 1/
ATE)
TERRY L
LICENSE UNDER 15457
UY LICENSE RENEWAL LIME 15 DECEMBER 31, 2011
a$UES11NNG
FNGW££RS ANO 4588610115
1212 000051 11. 0811 00. M
(563) 554.4.M9
ORATM SC .134 5-204_2 01: 7117
51,1010 DATE.- 3/313/10 '1101 CATE: 14/18/27
)55. NO- 1C053 -03 - S:-_: 1 = 2Ev"
CL
z o
W N
d - ICO
CL 1-1
O O O
W as .4 N
O 1162 CC CD
O *+QElf$
NI —c°vIt; 010 (7)
—1
•�-4 J co 0 �� p
C-\ O.4-, i- '�IJ
- 0}N1,
- OWOV'3c
> 190 C ti�
CC 3.0 • U ?
W G7Y TULL
,< 7 >LN
O•-4 CD d 7 (9 •-4
OYOCULOY LL
PREPARED BY: BUESING & ASSOCIATES, 1212 LOCUST ST, DUBUQUE, IA 52001,
PH- 563 -556 -4389
SHEET i OF--
Base Data Provided by Dubuque County GIS
THE CITY OF
DUB E
Masterpiece on the Mississippi
Dubuque
111
2007
Vicinity Map
A
Applicant: Davin Curtiss / C3 Investments Trus
Location: South of Creek Wood Drive (Lot 3
of Final Plat of KnepperAddition)
Description: To rezone property, concurrent
with annexation, from County Agricultural to
City R -1 Single - Family Residential District
Legend
Proposed Area to be Rezoned
Zoning
City Limits
Path: H:1Planning Services\Vicinity Maps1ZAC Vicinity Maps\projects \Creek Wood Drive (Lot 3 KnepperAdd) 06_06_12.mxd
REZONING STAFF REPORT Zoning Agenda: July 5, 2012
Property Address:
Property Owner:
Applicant:
1834 Creekwood Drive
C3 Investment Trust
Davin C. Curtiss
Proposed Land Use:
Residential
Existing Land Use: Vacant
Adjacent Land Use:
Former Zoning:
North — Vacant
East — Agricultural
South — Vacant
West — Agricultural
Proposed Zoning: R -1
Existing Zoning: County R -1 / C -1
Adjacent Zoning: North — R -3
East — C -1
South — C -1
West — C -1
1934 — County; 1975 — County; 1985 — County Total Area: .063 acres
Physical Characteristics: The subject parcel is located south of Timber -Hyrst
subdivision and is a small parcel that overlooks the agricultural fields owned by Mr.
Knepper as well as the Catfish Creek running on the west side of the parcel.
Concurrence with Comprehensive Plan: This involves the Comprehensive Plan's
Land Use Goals: 1.5, 1.8, and 4.5.
Impact of Request on:
Utilities: Staff does not anticipate that utilities will be extended into this area;
however, if they are, they would be extended from Creekwood Drive to the south.
Traffic Patterns /Counts: The nearest street is Creekwood Drive and there are no
traffic counts available for this street.
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.
Adjacent Properties: Staff does not anticipate any adverse impacts to adjacent
properties.
CIP Investments: None proposed.
Rezoning Staff Report —1834 Creekwood Drive Page 2
Staff Analysis: The requested rezoning from County C -1 Conservancy and R -2
Residential to City R -1 Single- family Residential District facilitates the annexation of the
subject parcel. The adjacent property is currently within the corporate limits and is
zoned R -3 Moderate Density Multi - Family Residential District.
The requested rezoning is being done in conjunction with annexation of the property
into the City of Dubuque. The adjacent triangular shaped parcel was annexed and
rezoned in the fall of 2010. The subject small parcel was created as part of the Final
Plat of Knepper Addition, which was approved in the fall of 2011. The Zoning Advisory
Commission's recommendation on the requested rezoning will be forwarded to the City
Council who will then hold a public hearing on the same evening on both the annexation
and rezoning request.
The 2030 future Land Use Map of the Comprehensive Plan designates this site for
single - family or duplex development. Because of parcel's topography and location, it
has not been nor is it suitable for agricultural use.
Planning staff recommends that the Zoning Advisory Commission review Article 9 -5 of
the Unified Development Code that establishes the criteria for review of rezoning
request.
Prepared by: /j,
Reviewed: Ny4 Date: , Z4 • /Z
5 -2 R -1 Single- Family Residential
The R -1 District is the most restrictive residential district and is intended to protect low density
residential areas from the encroachment of incompatible uses. The principal use of land in this
district is for low density single - family dwellings and related recreational, religious and
educational facilities.
5 -2.1 Principal Permitted Uses
The following uses are permitted in the R -1 District:
1. Cemetery, mausoleum, or columbarium
2. Place of religious exercise or assembly
3. Public or private park, golf course, or similar natural recreation area
4. Public, private or parochial school approved by the State of Iowa (K -12)
5. Railroad or public or quasi- public utility, including substation
6 Single- family detached dwelling
5 -2.2 Conditional Uses
The following conditional uses may be permitted in the R -1 District, subject to the provisions of
Section 8 -5:
1. Accessory dwelling unit
2. Licensed adult day services
3. Bed and breakfast home
4. Keeping of horses or ponies
5. Keeping of hens
6. Licensed child care center
7. Mortuary, funeral home, or crematorium
8. Wind energy conversion system
9. Tour home
10. Tourist home
11. Off street parking
5 -2.3 Accessory Uses
The following uses are permitted as accessory uses as provided in Section 3 -7:
1. Detached garage
2. Fence
3. Garage sale, provided that not more than three such sales shall be allowed per premises per
calendar year and not more than three consecutive days per sale
4. Home -based business
5. Noncommercial garden, greenhouse or nursery
6. Off street parking and storage of vehicles
7. Satellite receiving dish
8.- Solar collector
9. Sport, recreation, or outdoor cooking equipment
10. Storage building
11. Tennis court, swimming pool or similar permanent facility
12. Wind turbine (building- mounted)
5 -2.4 Temporary Uses
Temporary uses shall be regulated in confol nrance with the provisions of Section 3 -19.
5 -2.5 Parking
Minimum parking requirements shall be regulated in conformance with the provisions of Article
14.
5 -2.6 Signs
Signs shall be regulated in conformance with the provisions of Article 15.
5 -2.7 Bulk Regulations
Setbacks,
Min Lot Min Lot Max Lot I F
R -1 Residential Area Frontage Coverage
(square (% lot
feet) (feet) area) Min Max (feet) (feet)
ront (feet)
Min
Side
Min Rea
Max
Height
Permitted Uses
Single - Family 5,000 50 40 - 20 50 - 6 20 30
School, Place of
Religious Exercise or 20,000 100 40 20 20 20 751
Assembly
Conditional Uses
Licensed Childcare -
Center, Licensed Adult 5,000 50 40 20 - -- 6 20 30
Daycare Center
Bed and Breakfast 5,000 50 40 20 50 6 20 30
Home
Mortuary, Funeral 20,000 100 40 20 20 20 30
Home
(feet)
1 May be erected to a height not exceeding 75 feet, provided that such buildings shall provide at least one
additional foot of yard space on all sides for each additional foot by which such building exceeds the maximum
height limit of the district in which it is located.
See Section 3 -17 for adjustment of minimum front yard setbacks.
Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St Telephone: 589 -4210
Return to: Kevin Firnstahl, City Clerk Address: City Hall- 50 W. 13th St Telephone: 589 -4121
ORDINANCE NO. 43 -12
AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF
ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING
HEREINAFTER DESCRIBED PROPERTY, IN CONJUNCTION WITH ANNEXATION,
LOCATED AT 1834 CREEKWOOD DRIVE FROM COUNTY C -1 AND R -2 TO CITY R-
1 SINGLE - FAMILY RESIDENTIAL 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, in conjunction with annexation, from County C -1 and R -2 to City R -1 Single -
Family Residential District, to wit:
Lot 3 Knepper Addition, 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 16th ,lay of July 2012.
Roy D. Bul', Mayor
Attest:
Kevin Firnstahl, City CI
OFFICIAL
PUBLICATION
ORDINANCE NO. 43-12
AN ORDINANCE
AMENDING TITLE 16
OF THE CITY OF
DUBUQUE, CODE OF
ORDINANCES, UNI-
FIED DEVELOPMENT
CODE, BY RECLASS-
IFYING HEREINAFTER
DESCRIBED PROPER-
TY, IN CONJUNCTION
WITH ANNEXATION,
LOCATED AT 1834
CREEKWOOD - DRIVE
FROM COUNTY C -1
AND R-2 TO CITY R -1
SINGLE - FAMILY RESI-
DENTIAL 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, in conjunc-
tion with annexation,
from County C -1 and R-
2 to City R -1 Single -
Family Residential
District, to wit
Lot 3 Knepper
Addition, 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 16th day
of July, 2012.
/s /Roy D. Buol, Mayor
Attest /s /Kevin S.
Firnstahl, City Clerk
Published officially in
-the Telegraph Herald
newspaper on the 20th
day of July, 2012.
/s /Kvin S. Firnstahl,
City Clerk
1t 7/20
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: July 20, 2012, and for which the charge is $14.20.
P(ite
Subscribed to before otary Public in and for Dubuque County, Iowa,
this cZ*2' day of
,20AZ.
otary Public in and for Dubuque County, Iowa.
�' „.,„ MARY K. WESTERMEYER
Commission Number 154885
Mme.
CITY OF DUBUQUE,
IOWA
OFFICIAL NOTICE
NOTICE is hereby
given thaatothecDubuque
conduct public hear-
ings at a meeting to
commence at 6:30 p.m.
on Monday, July 16,
2012, in the Historic
Federal Building, 350
West 6th Street, on the
following:
Rezoning
Request from Carol
Lammers / John &
Rosalie Loes Trust, to
rezone property
located at 1172 Main
Street from C -4
Downtown Commercial
District to OC Office
Commercial District to
allow residential on the
first floor.
Request from Davin
Curtiss / C3 Invest-
ments Trust to rezone
property located south
of Creek Wood Drive
(Lot 3 of Final Plat of
Knepper Addition),
concurrent with annex-
ation, from County
Agricultural to City R -1
Single - Family Residen-
tial District.
Copies or`5uroo�ting
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 need
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
1t 7/7
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: July 07, 2012, and for which the charge is $20.66.
Subscribed to before me a Notary Public in and for Dubuque County, Iowa,
this "es5 day o , 20 42, .
Notary Public in and for Dubuque County, Iowa.
MARY K. WESTERMEYER
Commis:Ion Number 154885
�, 00.51171 0.4-