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Zoning Manson Rd - McNamer NCR Developers October 17, 2005 The Honorable Mayor and City Council Members City of Dubuque City Hall - 50 W. 13th Street Dubuque IA 52001 RE: Rezoning Applicant: Martin McNamer/NCR Developers, LLC Location: Manson Road Description: To rezone property from AG Agricultural District to R-2 Two-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 location of the subject property, proposed access, and the number and size of future lots to be subdivided. Staff reviewed the surrounding zoning and land use and indicated the request is only to rezone property. The Commission will review the applicant's preliminary subdivision plat when it is prepared. There were several public comments regarding the possibility that the applicant would use Miller Road for access, possible impacts of development in the floodplain, potential impacts of development on a rural area, and the loss of open space once a new subdivision is built. The Zoning Advisory Commission discussed the request, noting that the request is only to rezone the property, and that the applicant has indicated and staff concurs that there is no plan to use Miller Road for access to the future subdivision. The Commission indicated that the proposed rezoning is consistent with surrounding zoning and land use. Recommendation By a vote of 5 to 0, the Zoning Advisory Commission recommends that the City Council approve the request. Manson Road Rezoning Request October 10, 2005 Page 2 A simple majority vote is needed for the City Council to approve the request. Respectfully submitted, Jeff Stiles, Chairperson Zoning Advisory Commission Attachments R* Dat~/Time AUG-29-2005{MON) 08:26 Au~ 29 05 09:05a Plannin~ Servic@s 5635894221 5835994221 P. 002 p.2 ~~ .~../k.~ Oty of Dubuque Planning Services Department Dubuque, IA 52001 ~64 Phone: 563-589-4210 Fax: 563-589-4221 PLANNING APPLICATION FORM o Variance OCondltlonal Use pernut OAppeel OSpedal exception OUmited Setback Waiver IXJRewning OPlanned District OPreliminary Plat OMlnor Final Plat OText Amendment OSimple Site Plan OMinor Site Pfan o Major Site Plan o Major Final Plat []simple Subdivision OAnnexaUon OTemporary Use Permit OCertiftcate of EconomIc Nan-Viabifily Ocerti1lcate of Appropriateness OOther: PI.~- tvDl!! or Drint leaibly in ink Property owner(s): HCR Developers, LLC Phone: 563-582-5762 Address: 5070 Wolff Road Fax Nurl1beC 563-582-5889 oty: Dubuque State:-IA- ZIp: 52002 Mobile/Cellular Number: 563-590-2173 Phone: 563-557-1712 Applicant/Agent: Martin J. McNamer ~s: JD36 Bonnie Court "".,:.." City: Dubuque State: -IA- Zip: 52003 .~ax Num~;. 563-582-5889 . ~..~ Sitelocatio~7adclress: Mobile/Cellular Number: 563- 5 9 0- 2173 .i:~ . EXisting zo.!!t.lg: --. Manson Road AG Proposed zoning: R-2 Historic District: landmark: Legal Des<:9ption (Sidwell parcef 10# or lot number/block number/subcflVision): 1502251001. _.__M. ~~~. 15022Q~002, 1502204003, Westerly piece of 1502229003 _Total pro~ (lot) area (square feet or acres): 50.48 Acres Desaibe pr:Oposal and reason necessary (attach a letter of explanation, if needed): Rezone' existing land from AG to R-2 in preportion of new subdivision CERTIFICA:TION: I/we, the undersigned, do hereby certify that: 1. The infonnation submitted herein is true and correct to the best of my/our knowledge and upon submittal beCDllIes public record; 2. Fees are not refundable and payment does not guarantee approval; and 3. All additional required written and graphic materials are attached. ==S~~Nam: ~: August 29, 2005 Date: August 29, 2005 I FOR OFI'ICE ~~nON SUBMITTAL CHECKUST Fee.!, ootJ.,,<:> Received by:. Date: ~'Zt:{'.O~ Docket: OSitl!/sketch plan OConceptuaI lopment Pfan Dproto OImprovement plans DDeslgn review project description OAoor plan Dplat DOttIer: ~l ~ f c. ca ::E ~ .- c: .- (J .- > <::jz c::: () Z L:: Q) E m z o ::E C .- () t....J m....J ~ - f/) ~ ......Q) Co. m a 0- :::Q) a.> a.Q) <(0 -c m a a:: C a f/) C m ~ C a :;:; m o a ....J N I ~C::: tau Q) ..... . i:: a...... ..... aOf/) ~.- .- a.~ 0 CJ)_ Q)'- m c: 0.- a-c N m Q) Q)3-c ~ ..... .- a - f/) 1-::lQ) .2 c::: ~ .. 0) ~ c<(_ a .- .- E 0. (!) m . i:: <( u.. o E I f/) a Q) a ~ O~I- -c Q) c:: a N Q) a:: Q) .0 a ..... m ~ <( -c Q) f/) a 0. a '- a.. ~ ::: () f/) ::: E FSl Llliill .t 1 t r 0:: a. ~;:4"-~~i-~" ....... .....') .-.".~. ( ; REZONING 8T AFF REPORT Zoning Agenda: October 5, 2005 Property Address: West end of Manson Road Property Owner: NCR Developers, LLC Applicant: Martin J. McNamer Proposed Land Use: Residential Proposed Zoning: R-2 Existing Land Use: Agricultural/wooded Existing Zoning: AG Adjacent Land Use: North - Residential East - Residential/agricultural South - Residential/agricultural West - Agricultural Adjacent Zoning: North - R-1 East - AG/R-1 South - R-2/AG West - County Former Zoning: 1934 - County; 1975 - AG; 1985 - AG Total Area: 50.48 acres Property History: A portion of the property has been used for agricultural purposes; however, the majority of the site has been a wooded open space since its annexation to the City of Dubuque. Physical Characteristics: The subject property is characterized by wooded hillsides and areas of floodplain associated with Catfish Creek. Concurrence with Comprehensive Plan: The 2002 Comprehensive Plan designated the area as a mixture of open space and rural residential development. This rezoning request implements the Comprehensive Plan's Land Use Element: Goal 1.2, 1.5, 4.1, 4.4 and 7.2. Impact of Request on: Utilities: Existing utilities can be extended to serve the subject property. Traffic Patterns/Counts: Manson Road provides access to the site. A portion of the roadway and a new bridge was reconstructed in 2002. The roadway is classified as a residential street with 27 feet of paving. 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 and storm water control is provided during all phases of development. Rezoning Staff Report - West end of Manson Road Page 2 Adjacent Properties: Adjacent properties will be primarily impacted through additional vehicle trips on Manson Road once the subject property is developed for single-family homes. CIP Investments: None proposed. Staff Analysis: The requested rezoning of approximately 50 acres from agricultural to R-2 by NCR Developers, LLC, is intended to provide for the future development of a single-family residential subdivision. The parcel is located between Manson and Miller Road with access to be provided from Manson Road. The subject parcel is located between two branches of the Catfish Creek. The subject parcel will be accessed from Manson Road with a new bridge and roadway constructed through a portion of the Catfish Creek flood plain. The subject property requested for rezoning does not lie within the established flood plain areas of either branch of the Catfish Creek. The developer is working with the Iowa Department of Natural Resources on a bridge design to span the floodway area to insure that flood heights upstream of this development will not be impacted by the proposed bridge. Manson Road currently provides access to nine single-family homes and the Twin T Mobile Home Park. There are approximately 40 mobile homes in the park. Manson Road is classified as a residential street. A new bridge and approximately 1,000 feet of the roadway was reconstructed in 2002. Manson Road is 27 feet wide and there is no restriction on parking along the street. No traffic counts are available for Manson Road. The requested R-2 Two-Family Residential District zoning is consistent with surrounding zoning. The subject property has been used in a limited manner for agricultural purposes over the years. However, the majority of the property is not suitable for agricultural production because of the steep wooded hillsides found on the property. Planning staff recommends that the Zoning Advisory Commission review Section 6-1.1 of the Zoning Ordinance that establishes criteria for rezoning requests. Prepared by: Reviewed: Date: 01 Prepared by: Laura Carstens. City Planner Address: 50 W. 13th St.. City Hall Telephone: 589-4210 Return to: Jeanne Schneider, City Clerk, City Hall- 50 W. 13m Street, Dubuque, IA 52001-4864 563-589-4121 ORDINANCE NO. 56 -05 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED WEST OF MANSON ROAD FROM AG AGRICUTLURAL DISTRICT TO R-2 TWO-FAMILY RESIDENTIAL DISTRICT 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 as shown in Exhibit A from AG Agricultural District to R-2 Two-Family Residential District. 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 17th day of October 2005. Attest: eanne F. Schneider, City Clerk EXHIBIT A f-.- ILl Ll.J LL I ..? I' L. 1-'1 LtJ ._J <r ( - ,.j en I I