Loading...
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-