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Zoning Derby Grange Rd - Herrigs, John & S Jo Planning Services Department City Hall 50 West 13th Street Dubuque, Iowa 52001-4864 (563) 589-4210 office (563) 589-4221 fax (563) 690-6678 TDD planning@cityofdubuque_org - "._~..." THEClTYOF L.. __\ I)--:-/ .... :<----, .. LBL}QUE - .- ~~~ May 8,1006 The Honorable Mayor and City Council Members City of Dubuque City Hall- 50 W. 13th Street DubuquelA 52001 Applicant: Location: Description: John & Sally Jo Herrig South of Derby Grange Road, Dubuque County To rezone property from County A 1 Agricultural District to City AG Agricultural District, R-3 Moderate Density Multi-Family Residential District, and C-3 General Commercial District in conjunction with annexation to the City of Dubuque. 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 conceptual layout of streets and zoning, noting that future platting of the property will refine the street and lot layouts. The applicant reviewed that an extension of Plaza Drive will serve the property and be connected to Derby Grange Road. Staff reviewed the requested rezoning, noting allowed uses for both R-3 and C-3 Districts. Staff reviewed utility extensions necessary to serve the subject property. There were two public comments concerning the rezoning expressing reservations regarding multi-family residences adjacent to existing single-family homes, maintenance of existing fence lines and allowed commercial uses in C-3. The Zoning Advisory Commission discussed the request, noting that the R-3 District allows a range of housing styles but that a blanket R-3 may not be advisable in this location. The Commission also discussed concern for the proposed C-3 zoning regarding the allowable uses and setbacks. Recommendation By a vote of 7 to 0, the Zoning Advisory Commission recommends that the City Council approve the request subject to the following conditions: -----~----_._-~.____.,,___..___._.____..___~______"__.~_'____"___"_' 0._.._.'..".----...--.-....-...- _._._.________.."_____,,__.~ Service People Integrity Responsibility Innovation Teamwork John and Sally Jo Herrig, south of Derby Grange Road May 8, 2006 Page 2 a) That the area designated for residential be designated R-2 Two-Family Residential District. b) That the proposed C-3 General Commercial District utilize the rear yard setback of 20 percent of lot depth regardless of zoning of adjacent property. A simple majority vote is needed for the City Council to approve the request with the conditions recommended by the Zoning Advisory Commission. The owner must also agree in writing to the conditions. A super majority vote is needed for the City Council to either eliminate or modify the conditions, and to approve the R-3/C-3 rezoning as requested by the owners. Respectfully submitted, JdJCh~~~ Zoning Advisory Commission Attachments cc: Gus Psihoyos, City Engineer Bob Green, Water Department Manager ~~ ~~~ Oty of Dubuque Planning Services Department Dubuque, IA 5200H864 Phone: 563-589-4210 Fax: 563-589-4221 PLANNING APPUCATION FORM o Variance OConditional Use Permit OAppeaI 05pedal Exception OUmited Setback Warves: []jRezoning OPlanned District OPrellminary Plat OMlnor Anal Plat ClText Amendment []Simple Site Plan OMlnor Site Plan o Major Site Plan o Major Anal Plat OSimple Subdivision KlAnnel<i3tion ClTemporary Use Permit OCertlficate of Economic Non-VIability OCertlficate of Appropriateness OOther: pI........ tvne or orint leaibIY In Ink Property owner(s): J()HIJ III A/J1J <117 Ill' 1 V Tr1 U1=vlnr. Phone~~~-~~^ ld91 Address: T ~1E;n r.::"hIfO'j IIfIllO Qty: 1)"""<1" p State:--LI-Zip: ~9nM Fax Number. ~.4~-~R9- ~~~4 Mobile/Cellular Number: 5H ~d~ H^^ Applicant/Agent: 101", CIJ flplllli!! phone: S "/rll. Address: Oly: State: _ Zip: Fax Number: MobilejCellul<!r Number. Sitelocatlon/address: 13316 and 13500 VPJrbV Gh1IYl.9P Ro"d 1),,1>"<111., Towa :;9nM Existing zoning: Aa ~:~-~, /-1-nstoriCD:strict: Landmark: Legal DescrIption (Slc:I1M!II parcellD# or lot number/blod< number/subclMsion):.$P? iU";tllchpd I, gal' ^ ~.C:o"qllli'hj V{~9q Tolal properly (lot) area (square feel: or aae5): 112 ANlP.h MIL nil 79 ACh"^ MIl <:00 I'n,,:ti"ge.nUe1>. DescrIbe proposal and reason necessary (attadl a letter of explanation, if needecI): and Le.-UeJl.. ~10 A~+n~~gd fqtt~~ CERTIFICATION: l/we, the undersigned, do hereby cert:ilY that: 1. The intormatlon submitted herein Is true and correct to the best of my/our know\ecIge and upon submittal becomeS public record; 2. Fees are not refundable and payment: does not guarantee approval; and 3. All acIcIItional required written and graphic materials are at:t.ad1ecl. 4. AU a.ppUclttLon ,se.u and zon-iYL9 ,se.u pVt anne.xa.u.on JLe.quut: and zon-iYLg propertyJL~1fs):aJte. he.JLe.-.in WlUve.d by :the. c.u~/ On Vubuquet>ate: Applicant/Agent: Date: ~ Fee: ReceIved by: OSite/sketch plan 0 Conceptual Develo nt Plan OIrnprovel1'll!n plans ODesign revieW ~ clesaiption ON SUBMllTAL CHECKUST Date: J..C.'bb Docket: OPhoto OPlat ORoor plan . OOther: . i=O ~ ~ ~a <::1z ~l i f Q. CIS ::E ~ c .- CJ :> ~\ ~ /~ ~ ~ '/ I v"O'" }Y .oV [I' ~ ;,f ~ .>.. '" Ci :::---: Cl .;:: .... Ol I o """") :z:. . .0>. ....- Ol C O::J ......0 O() :5Ol ::J ::J 00" CI)::J .0 .. ::J Co o :.t:i"ti .1ii::JcO t'-::2: 0 OlO u...... a.- Z' C 0 O . '-w........... ....::J C U'- a..:!::: Ol .;:: () ~i30$Ol o .;:: 2 0 :5 ~~~<u.9 .... Ol .- o.....-oca I-"- <( 0 Ol .- ..Z'::2::2m cCC")lIlxOl o ::J I Ol :;:::;00:::0:::2 . g. () >.:z:. <u U E :!: "E .s:::. :{lo()<u:!: O~.9LL3: f---- ~ \ ~ o ---< - I :r ~.... -D~ii::, \' 1 ~ I" ~ \'1I"kEY ::::::::::::::::::. . - I ~:'..:.'.:.:" I- ----- c- :::::::::::::::::: .. . 11]........... ............ ............ ............ ............ ............ ............ ............ ............ ............ ............ -0 Ol C o N Ol 0::: Ol .0 o - . :!: () \~I ~~ x V'IIII!!I!!I!::III II ~ ---J:l!-N 1 ~ 'I ~- ~y -" " - -~~ C/'" I"ZQ0 .\ ~.Pi ~ I- = I~I /VL'> 1\\ 1"1 o,~ Y ---="""- ,~51YiJ A- '< BROOK HILLS :z: \....- n I II 1\ r f L ;>: >:7 ..;.~ ,,~ '""'W I ::;; 'I. :i ::> III Nl"ln.Ln\f REZONING STAFF REPORT Zoning Agenda: May 3, 2006 Property Address: 13316 &13500 Derby Grange Road Property Owner: John W. & Sally Jo Herrig Applicant: John W. Herrig Proposed Land Use: Residential/commercial Proposed Zoning: R-3/C-3/AG Existing Land Use: Agricultural Existing Zoning: County A-1 Adjacent Land Use: North - Residential East - Agricultural South - Agricultural West - Residential Adjacent Zoning: North - County A-1 East - County A-1 South - County A-1 West - County A-1 Former Zoning: 1934 -N/A; 1975 - N/A; 1985 - County A-1 Total Area: 112 Acres Property History: The subject property has been used for agricultural purposes since its settlement. Physical Characteristics: The subject property is characterized by rolling topography that drains primarily to the northwest. Concurrence with Comprehensive Plan: The proposed rezoning involves the Comprehensive Plan's Land Use Element: Goal 1.2, 1.5,2.2,2.3,6.1,6.2,6.3,7.2, 8.5, 10.2 and 10.6. Impact of Request on: Utilities: City utilities will have to be extended to the subject property to serve the proposed developments. City water will be extended along the right-of-way of Plaza Drive through property owned by Motor City LLClWendell Corey. Sanitary sewer will also have to be extended northward through the Motor City LLClWendell Corey property and will have to utilize lift stations and force mains to bring the flow back toward the City of Dubuque where the City's existing gravity sewer system can accommodate the additional flows from the proposed development. Traffic Patterns/Counts: The proposed area for rezoning will be served by an extension of Plaza Drive and also have access to Derby Grange Road. Based on 2001 IDOT counts, Derby Grange Road carries approximately 650 average daily trips. Rezoning Staff Report - 13316 &13500 Derby Grange Road Page 3 developers to provide these utilities to meet their timetables and a level of service to serve their proposed developments. The Zoning Advisory Commission will see more details on the utility and street systems once plats are submitted for the Herrig development. The applicants are requesting that the area along side the proposed extension of Plaza Drive be zoned for C-3 General Commercial, where the balance of the property is zoned R-3 Moderate Density Multi-Family Residential, which allows a range of housing styles from single-family to six units in a building to allow apartments, townhouses or condominiums. The westerly 37 acres is slated to remain as agricultural when it comes into the City pending further review by the developer. Planning staff recommends the Zoning Advisory Commission review Section 6-1.1 of the Zoning Ordinance that establishes criteria for the review of rezoning requests. Prepared by: -p'l' r Reviewed: ,J.//A Date: CX/.:I&, 'Clb Prepared by: Laura Carstens. City Planner Address: City Hall. 50 W. 13th St Telephone: 589-4210 Return to: Jeanne Schneider. City Clerk Address: City Hal~ 50 W. 13m St Telephone: 589-4121 ORDINANCE NO. -06 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED SOUTH OF DERBY GRANGE ROAD FROM DUBUQUE COUNTY A-1 AGRICULTURAL DISTRICT TO CITY OF DUBUQUE AG AGRICULTURAL DISTRICT, R-3 MODERATE DENSITY MULTI-FAMILY RESIDENTIAL DISTRICT AND C-3 GENERAL COMMERCIAL DISTRICT, CONCURRENT WITH ANNEXATION Whereas, John W. and Sally Jo Herrig, property owners, have requested rezoning concurrent with annexation to the City of Dubuque in accordance with Section 2-3 of Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances; and Whereas, this request has been found to be consistent with the Comprehensive Plan and the Future Land Use Map of the Comprehensive Plan. 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 from Dubuque County A-1 Agricultural to City of Dubuque AG Agricultural District, R-3 Moderate Density Multi-Family Residential District and C-3 General Commercial District, to wit: Lot 1 of Lot 2 of the SW )I., of the SE )I., of Section 8, T89N, R2E of the 5th P.M., Lot 1 of Butler's Hill Second Addition, Lot 3 of Butler's Hill Second Addition, Lot 2 of the N Y. of the SW)I." Section 8, T89N of the 5th P.M., SW )I., of the SW)I." Section 8, T89N, R2E of the 5th P.M., all in Dubuque County, 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, and at such time that the herein described property is legally annexed into the City of Dubuque, Iowa. Passed, approved and adopted this day of 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk