Zoning - Herrig, J., S Derby Grange R
- .
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@dtyofdubuque.org
THE CITY OF C...._:. _::~
o lTBIJQ13E
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May 8,1006
The Honorable Mayor and City Council Members
City of Dubuque
City Hall- 50 W. 13th Street
Dubuque IA 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:
-----~-_.__._-_._----"-_.._.__._-----------,---_._._--~--.-,--,---,-_.-_.,-",.._._-~---"..__._~_.._-------_.---. '---~
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,
JdPCh~~~
Zoning Advisory Commission
Attachments
cc: Gus Psihoyos, City Engineer
Bob Green, Water Department Manager
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DUB
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Oty of Dubuque
Planning Services Department
Dubuque, IA 52001-4864
Phone: 563-5~210
Fax: 563-589-4221
PLANNING APPUCATION FORM
o Variance
DCondltional Use Permit
DAppeaI
D5pedal Exception
DUmited Setback Waiver
[]jRezoning
DPlanned District
DPrellminary Plat
DMlnor Final Plat
[]Text Amendment
I]Simple Site Plan
DMlnor Site Plan
o Major Site Plan
o Major Final Plat
DSimple Subdivision
K]Annexation
[]T empotary Use Permit
DCertificate of EalnomiC Non-Viability
DCertlficate of ApprOpriatenesS
DOther.
Pi........ tvoe or nrint leaiblv in Ink
Property owner(s): j!lH/J (II AIJ1J 1117 <:AII V 111 U1=017Tr.
Phone:~/' ~- ~~/'_14? 1
Address: 1 ~1r.;n C::"hhOtj I mnn
Oty: 1J"h,,({"p.
state:-1a-Zip: ~?nn?
Fax Number. ~h~-~R?-~~~4
Mobile/Cellular Number: H ~ ~ 4 ~ ~ ~/, /,
Applicant/Agent: Till", (I) Hu""i fl
Phone: Sarli!!
Address: Oty:
state: _ Zip:
Fax Number.
MobiIe/CeIIu1~r Number:
Site location/addreSS: 13316 and 13500 lJP}[bf,l GJr11J'l,~P R0'7d Vllhll(jIlU. TroIa :;?nM
Existing zoning: Aa ~:~-~' /-iilstoric O:strlct: Landmark:
Legal Deso1ption (SkmelI parcel to# or lot number/bloc:k number/sutxrMslon)~pp a;t;tllchpd I. gal ^
r'C!.OlfIHltif'j f};dSfQ.
Total property (lot) area (squarefeetoraaes): 112 Acll.P1> 1.111 IlJr 79 Af'''"^ M/I C::uu !'nrntirngenue.l>.
Describe proposal and reason necessary (attadl a letter of explanation, if needed): and Le-ttVt.
C::qo Artn~~qd 19tti~
CERTIFICATION: I/we, the uncIerslgned. ck) hereby certify that:
1. The intormatlOO suIJmit:IEd herein is true and (X)ITed: to the best of my/our knowledge and upon
submittal becomeS public recDrd;
2. Fees are not refundable and payment does not guarantee approval; and
3. All additional required written and graphic materials are attached.
4. Ail. a.pp.U.c.a:Uon 6ee6 and zon-ing 6ee6 peJL a.nnex.lition Jr.eqUe6.t and zon-ing
Propelt..t"~rfs):a.Jr.e hVte-.i.n WlUved by :the GUlf 06 Vubuquet)ate:
Applicant/Agent: Date:
ON SUBMITI"AL CHECKUST
Date: 3-"'Ob Docket:
OPhoto DP1at
OAoor plan DOtI1er.
2B
Lot 1 of Lot 2 of the S.W. V. of the S.E. v., of Section 8, T89N, RZE of the Sib PM., in
Dubuque County, Iowa. Net Acres 19.51 Parcel # - 1008451003 - Heim Parcel
Lot 1 of Butler's Hill Second Addition, in Dubuque County, Iowa.
Net Acres 36.33 Parcel # - 1008376003
Lot 3 of Butler's Hill Second Addition, in Dubuque County, Iowa.
Net Acres 16.19 Parcel # - 1008451004
Lot 2 of the NY, of the S.W.v., Section 8, T89N, RZE of the Sib P.M., Dubuque County,
Iowa. Net Acres 0.07 Parcel # - 1008328003
CONTINGENT
S.W. V. of the S.W. Y., Section 8, T89N, RZE of the Sib PM., Dubuque County, Iowa.
Net Acres 40 Parcel# - 1008351001
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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
Adjacent Land Use: North - Residential
East - Agricultural
South - Agricultural
West - Residential
Existing Zoning: County A-1
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 lOOT counts, Derby Grange Road carries approximately 650 average daily
trips.
Rezoning Staff Report - 13316 & 13500 Derby Grange Road
Page 2
Public SeNices: Existing public seNices can seNe the proposed site once it
develops.
Environment: Staff does not anticipate any adverse impact to the environment
provided adequate erosion control is provided during all phases of development
and storm water detention is provided in compliance with City of Dubuque
Ordinances and policies.
Adjacent Properties: The most likely impacts to adjacent properties will be
additional vehicle trips on surrounding roadways and higher ambient light level than
existing in the area.
CIP Investments: The City of Dubuque will be coordinating the extension of City
water and sewer into these areas to seNice the future development of the property.
Staff Analysis: The applicants are requesting rezoning of the subject property to a
combination of R-3 Moderate Density Multi-Family Residential District and C-3 General
Commercial District concurrent with annexation to the City of Dubuque. This project
encompasses 112 acres and includes approximately 37 acres that will remain zoned
agricultural upon annexation.
The applicants have included a schematic design of how the property may be laid out
for commercial and residential development. All the proposed streets would be public
streets and meet City requirements for right-of-way and construction standards. Access
to the street would be through an extension of Plaza Drive, which currently seNes only
Asbury Plaza. Plaza Drive will be extended through the Motor City LLClWendell Corey
development to a point on the south side of the Herrig property and be extended to
Derby Grange Road. Derby Grange Road is a county roadway that carries
approximately 650 average daily trips based on 2001 lOOT counts. The extension of
Plaza Drive from the Northwest Arterial to Derby Grange Road has been contemplated
by the City for a number of years.
The area of the requested rezoning/annexation by the Herrigs and Motor City
LLClWendell Corey is commonly referred to as the northwest quadrant of the
community. This area is bounded by Asbury Road on the south, Hales Mill Road to the
west, Derby Grange Road to the north and John F. Kennedy Road to the east. The
Northwest Arterial cuts through the southeast portion of this quadrant, and with the
extension of Plaza Drive, will provide an important roadway to seNe this area of the
community. Without Plaza Drive, all future development in this quadrant of the
community, whether it be in Dubuque County, the City of Asbury, or the City of
Dubuque, would have to use either Hales Mill Road, Derby Grange Road, or John F.
Kennedy Road to access the Northwest Arterial and Asbury Road.
City utilities will have to be extended to the Herrig property through the area proposed
for development by Motor City LLClWendell Corey. The City is working with both
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.
P""",""lb"~;! r R~iewed' .v/",
Date: ex/-ixo .~
Prepared by: Laura Carstens. City Planner Address: City Hall. 50 W. 13th St Telephone: 589-4210
Return to: Jeanne Schneider. City Clerk Address: City Hall- 50W,13th 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 Yo of the SE Yo 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
ofthe N Y:. ofthe SW Yo, Section 8, T89N of the 5th P.M., SW Yo of the SW Yo,
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. Suol, Mayor
Attest:
Jeanne F. Schneider, City Clerk
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lJU JUN 1 2 2006 ~
CITY OF DUBUQUE
PLANNING SERVICES DEPI,RTMENT
June 9, 2006
Dubuque City Council, et.a/.
Property Address: 13316 and 13500 Derby Grange Road
Dubuque, Iowa 52002
Applicant - John W. Herrig
Proposed Land Use: Residential/Commercial
Proposed Zoning: R-3/C - 3 AG
Existing Land Use: Agricultural - A-I
Honorable Mayor, City Council Members, City Manager and Staff:
At the Zoning Advisory Commission meeting, the Commission recommended tbe request of
R-3 Residential would be more desirable to R-2 Residential zoning. This recommendation to
John Herrig (Applicant) is acceptable if the City Council should wish same.
As to the C-3 General Commercial District, the Zoning Advisory Commission approved
same, but, recommended a 20% rear lot setback. Normally a 0% lot line set back is standard.
This would not be acceptable to John Herrig (Applicant) being to restrictive as to not
knowing what future request for development might occur, therefore, limiting the ability to
market said parcels.
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MOTiOR CITY LiLC
"^^^-^^-
825 S. TAFT AVE.. MASON CITY, IOWA 50401-7345
TEL: (641) 424-3330 FAX: 421-7733
coreybis@yahoo.com
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May 26, 2006
Mayor and City Council
City of Dubuque, Iowa
City Hall / 50 W. 13th Street
Dubuque, Iowa 52001 - 4864
Re: Action taken by the City Zoning Advisory Commission on
Wednesday Evening May 3, 2006 re: Request of John & Sally Jo Herrig
Re: the rezoning of Their Property South of Derby Grange Road
Honorable Mayor and City Council Members:
I was present at the May 3, 2006 meeting of the City Zoning Advisory Commission as I had
an item on the agenda for the annexation and zoning of 80 acres as an addition to the existing
Asbury Business Park project located on Plaza Drive at the north end of the Asbury Plaza
development area. My request for annexation and the PUD zoning was unanimously
recommended for approval by the Commission.
Following my item was the request from John & Sally Herrig to annex and zone their
property from County A-I Agricultural District to City AG Agricultural District, R-3
Moderate Density Mult-Family Residential District, and C-3 General Commercial District in
conjunction with their annexation to the City of Dubuque. Following presentations and
discussion the Commission recommended that the request for R-3 zoning be downgraded to
R-2 zoning. That was followed by considerable discussion re: the appropriateness of C-3
General Commercial zoning along the easterly side of the future extension of Plaza Drive
from my development northerly to Derby Grange Road. Several alternatives were discussed
by the Commission members, but unfortunately in my opinion, they recommended C-3
zoning for the strip of land along the easterly side of future Plaza Drive.
I strongly feel that the recommended C-3 zoning for the Herrig property should be
downgraded to C-2. A C-3 zone could allow such uses as: private clubs, gas stations, bakery
(wholesale / commercial), bar / tavern, hotel or motel, appliance sales / service, full service or
self-service car wash, auditoriums / assembly halls, lumberyards / building materials sales,
construction supply sales and service, moving / storage facilities, auto service centers, auto
sales / service, auto repair / body shop, truck sales / service and repair, farm implement sales
and service, mobile home sales, motorcycle sales and service, boat sales and service,
<,
..
recreational vehicles sales and service, and a contractor shop / yard... and other C-3 zoning
uses as listed in the City Code, which in my opinion are intended for locations other than as
proposed by the Herrig request.
In my opinion, many of the C-3 permitted uses are certainly not desirable for the location
proposed by Herrig; but they can and will happen if the zoning allows them! It would seem
very 'reasonable' to me if the Herrig request was approved for C-2 zoning, and was at least
limited to the same conditions and restrictions as the commercial development approved for
my property immediately to the south of Herrig. The principle permitted uses in the C-2
District do permit some of the C-3 uses, but not the more 'out of place' uses such as the
building materials, contractors yards, and other storage type uses which are NOT compatible
with what is likely to be a very nice future residential area.
I also feel that restrictive covenants should be preset and submitted to the City as part of the
development to provide the neighbors future protection. This is what I have done with my
development south of the Herrig property. Therefore, I respectfully request that the City
Council NOT approve the C-3 General Commercial Zoning for the Herrig property, and
consider zoning it C-2 Commercial Zoning; with conditions and restrictions similar to those
on my commercial zoning immediately to the south. I have discussed my concerns directly
with Mr. Herrig and he refused to change his request to be more compatible with my concerns
and project to the south of him.
Perhaps the best solution for the Herrig property is to require him to develop under a Planned
Unit Development procedure, which gives him some of the 'flexibility' he desires, but also
requires him to think ahead more precisely about exactly 'what' he wants to do and 'where'
he wants to do it. Specific zoning in designated areas, with identified uses and deed
restrictions take all of the 'guess what surprises' away for the neighbors. This is what we
have done in our development projects, and we would be pleased to offer Mr. Herrig copies of
our Deed Restrictions and any other guidance that would be helpful to him as a neighbor.
It is very important that we maintain the quality of property values, uses and overall
appearances for this new area of the City of Dubuque. I hope you will also concur with this
thinking and properly guide the future zoning for development in this area. Thank you.
Respectfully requested...
/ f j' / /1,1 W' .
V\; Ch1 d2fl{! (,.SU4
(J
Wendell W. Corey
Motor City LLC
c: file; Asbury Business Park
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, wish to oetition the City Council to consider
We, the underslgned, '1 'd f the future extension of
final zoning along the easter y Sl e 0
Plaza Drive at Derby Grange Road. "h '
.' 'f C 3 to PUD, flrst c Olce,
REQUEST: Downgradlng flna1 zonlng rom -
C-2, second choice.
NAME
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We, the undersigned, wish to petition the City Council to consider
final zoning along the easterly side of the future extension of
Plaza Drive at Derby Grange Road.
REQUEST: Downgrading final zoning from C-3 to PUD, first choice,
C-2, second choice.
NAME
ADDRESS
PRINTED NAME
d '" 3~ J-~ }3198 Derbj GraflJ-<- RJ. S}ev~ F/':'f$ch""a"Y\
,;)7 ~ ~ /3tl'i [Jerh:; Gra,e t/ COMII'<e. C/C/sen
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3d: cJ;2.(j J 3~1g m.tJf Gt-ltNGE ~Di c.l1Y<YL (A/I15"ELL
u ~" ~ 13'/(6 f)erJy r;~e j(J f)eo.h L C~o.vl
3) ~ ~~ /.5'?35 ikP-.b/ GlZqn!,,- Rd. rned Cf2..t>.1..Clo-f
3~ " ~ f3&- 3 s J)\:..by &--ro-V\9 t M 50...1"\<1y G-rO'1C{G(
33 ~.a IS1/1 .f)E~.!1Y WAlt5e ,eP JI5lher ~ kY'/lWP1
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Q)
We, the undersigned, wish to petition'the City Council to consider
final zoning along the easterly side of the future extension of
Plaza Drive at Derby Grange Road.
REQUEST: Downgrade final zoning from C-3 to PUD, first choice,
C-2, second choice.
,5~
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t:..AJ
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Dubuque Planning Services
City Hall
Dubuque, Iowa
Re: rezoning of property South of Derby Grange Rd.
June 8, 20C D [E (Q; [E 0 W [E rm
n JUN - 9 2006 IYJ
GIN OF DUBUQUE
PLANNING SERVICES DEPARTMENT
Dear sirs,
We were excited to hear about the voluntary annexation of the properties
south and east of our residence on Derby Grange Rd. We felt this would be
a great opportunity for the area.
Then our neighbors clued us in on the what the zoning restrictions included
(or more to the point did NOT include). The C-3 commercial zoning appears
to be an unlimited "no-holds-barred" license to develop the property with no
regard for the neighborhood or the area surrounding the rezoned property.
This is definitely a negative situation for the neighborhood we live in since it could
easily allow unwanted or undesirable businesses to the area.
The PUD zoning makes much more sense to us because it allows neighborhood
input and open discussion of any business wanting to operate in the area.
We urge you to dis-allow the C-3 zoning and consider the PUD zoning
for this land.
The residential area in this annexation, planned to be R-3 (moderate density
multi-family residential), would also be seen as a negative to the residents of the
surrounding area. All of the sub-divisions in the area near us and Asbury are
single-family with maybe a very few two-family residences. Multi-family residences
would be far too urban and densely populated for the historically rural atmosphere along
Derby Grange. The road itself (Derby Grange - the westerly end) is not adequate to handle
the increased traffic load that high density housing will lead to; and certainly, not all the
residents will restrict their driving to the upgraded (eastern) section of Derby Grange. And
.we don't anticipate any improvements on Derby Grange in the foreseeable future.
This is our point of view on the situation, so please consider our requests for the PUD and
R-2 zoning requirements for this annexed property. And we do thank you for looking
at the situation and considering our position in the matter.
Ri~ an~ Esther Farnum
~~". /
~1/A)~
Ir717 Derby Grange Rd.
Dubuque, Iowa
52002-1012
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Honorable Mavor and City Council Members,
Dean &. Angela. Capaul of 13486 Derby Grange Rd
Steve Fleshmann of 13498 Derby Grange Rd
William & Connie Clasen of 13614 Derby Grange Rd
\rVe are concerned about the development proposed for the areas just south of our hOLlses that arc on a
Ilillside next to the development. We are aware of the state-mandated precautions that must be taken while
building is gOlng on to check run off and erosion.
We have a greater concern about heavy stomlS in the future when the houses are completed. Will the run
ofrHom the roofs, roadways and yards be directed through our properties? We would like to see a 250 foot
wide green area wrth a brim along the property line put in to stop water run off in heavy ~1:orms, The water
that is running in the ditch along Derby Grange Rd is overflowing into the yards now when storms pass
through with heavy rains. Will the added run offfrom the new development wash away our Hont yards too
with the rain? Has John Herrig or any eity department had any study conducted to address this water issue?
Another concern of ours is the C-3 Commercial District. A Planned Unit Development (PUD) would give
neighbors and officials a public meeting for input on what kind of business went in there. Also, at the last
meeting R-J was changed to R-2. That was not printed on the map sent with the public hearing notice we
got. Is it R-2 or not?
Respectfully,
W. illy & Co~}? Clasen
(J~ (;UUrl
Dean & Angela Capaul
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\..Sieve Fleischmann
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U1) JUN 1 3 2006 1YJ
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CITY OF DUBUQUE
PU\I'INING SERVICES DEPARTMENT
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MEMORANDUM
June 8, 2006
TO: Michael Van Milligen, City Manager
FROM: Laura Carstens, Planning Services Manager ~
RE: Herrig Rezoning Request Concurrent with Annexation
John and Sally Jo Herrig have requested voluntary annexation of 112.10 acres of
property south of Derby Grange Road, in conjunction with rezoning the property to R-3
Moderate Density Multi-Family Residential, C-3 General Commercial, and AG
Agricultural. This item is set for public hearing at the City Council's June 19, 2006
meeting.
On May 3, 2006, the Zoning Advisory Commission recommended approval of R-2 Two-
Family Residential rezoning rather than the R-3 requested by the Herrigs. The
Commission also recommended that the C-3 District utilize the rear yard setback of
20% lot depth.
At your request, I contacted John Herrig, regarding his request for R-3 rezoning versus
the Commission's recommendation for R-2 rezoning and a 20% 20% rear yard setback
in the C-3 zone. Mr. Herrig is agreeable with the R-2 rezoning, but wants to discuss
the 20% rear yard setback in the C-3 zone.
Enclosed is an ordinance with R-2 rezoning for the Herrig request.
Enclosure
Prepared by: Laura Carstens. City Planner Address: City Hall. 50 W. 13th St Telephone: 589-4210
Return to: Jeanne Schneider. City Clerk Address: City Hall- sow. 13'" 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-2 TWO-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 ofthe 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-2 Two-Family Residential District and C-3 General Commercial District, as
shown on Exhibit B incorporated herein by reference, to wit:
Lot 1 of Lot 2 of the SW Y. of the SE Y. 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
ofthe N % ofthe SW y., Section 8, T89N of the 5th P.M., SW Y. of the SW y.,
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. Suol, Mayor
Attest:
Jeanne F. Schneider, City Clerk
00
ffi ccg ffi 0 W ffi Jri
JUN 1 2 2006 l!lJ
C/lY OF DUBUQUE
PLANNING SERVICES DEPARTMENT
June 9, 2006
Dubuque City Council, et.a!.
Property Address: 13316 and 13500 Derby Grange Road
Dubuque, Iowa 52002
Applicant - John W. Herrig
Proposed Land Use: Residential/Commercial
Proposed Zoning: R-3/C - 3 AG
Existing Land Use: Agricultural - A-I
Honorable Mayor, City Council Members, City Manager and Staff:
At the Zoning Advisory Commission meeting, the Commission recommended the request of
R-3 Residential would be more desirable to R-2 Residential zoning. This recommendation to
John Herrig (Applicant) is acceptable if the City Council should wish same.
As to the C-3 General Commercial District, the Zoning Advisory Commission approved
same, but, recommended a 20% rear lot setback. Normally a 0% lot line set back is standard.
This would not be acceptable to John Herrig (Applicant) being to restrictive as to not
knowing what future request for development might occur, therefore, limiting the ability to
market said parcels.
Respectfu;' '4'
./.';;L~d
~n W. Herr'g
Planning Services Department
City Hall
50 West 13th Street
Dubuque, Iowa 52001-4864
(563) 5894210 office
(563) 5894221 fax
(563) 690-6678 TDD
planning@cityofdubuque.org
THE CITY OF ~
DUB~E
~ck.~
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:
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
DDi1~
~..k~
oty of Dubuque
Planning Services Department
Dubuque, IA 52001-4864
Phone: 563-589-4210
Fax: 563-589-4221
PLANNING APPUCATION FORM
o Variance
OConditional Use Permit
OAppellI
05pedal ExceptiOn
OlJmited SetbaCk Waive:
[]jRezoning
OPlanned District
OPrellminary Plat
OMlnor Final Plat
[]Text Amendment
[]Simple Sill! Plan
OMlnor Site Plan
o Major Site Plan
o Major Final Plat
OSimple Subdivision
[jAnne><ation
[]Temporary Use Permit
OCertificate of Ealnomic Non-Viability
OCertificate of Appropriateness
OOther.
Pf....-. tvoe or nrint leaiblv in Ink
Property owner(s): J()HI.I III AIJ1J 1117 <:A I I V 111 U~1)17~r:l
Phore:~;; ~- ~~;;_l.H 1
Address: 1 ~7tjn ~IIJtJt01J ' 1ft/I 0
aty: fl"nllq""
State:-1a- Zip: ~? nM
Fax Number. ,.4 ~- ~ R? - ~ ~ ~4
Applicant/Agefit: Tn.." II" Uo",,; g
Mobile/CellUlar Number. H 1 ~4 ~ ~ ~;;;;
Phone: -s ~rlIl!.
Address:
aty:
State: _ Zip:
Fax Number.
MobiIe/CeI1ul<:!r Number.
Site location/address: 13316 and 13500 VPlrby GJran.go RO'1d fJllhllqllo TroIa ,9nM
Existing zoning: Aa ~:~-~' /-'kstoriCO:strict: Landmark:
Legal Descripllon (S1dweII parcel ID# or lot number/bioc!< number/subdlvislon):SH aUM ho d I i> gal"
r'~O""IIt;+Y UiAgq
Total property (lot) area (square feel: or acres): 17Z A~JrPr. Mil nJr "'9 An"v^ MIl <:00 ('n"f'i"genue..6.
Describe proposal and reason necessary (attach a letter of explanation, if needed): and Le.ttelL.
~nn At+n~hqA fqtt~~
CERl1ACAllON: 1/-. the undersigned, do hereby certify that:
1. The intcrmation submitted herein is true and oorred: to the best of TTrf/our knowledge and upon
submittal belDmeS public rerord;
2. Fees are not refundable and payment does not guarantee approval; and
3. All additional required written and graphic materials are attached.
4. AU. a.pp.uc.~on nee.6 QYl.d zonhLg nee.6 pelL QYI.l'\ex~on ILeqILe.6.t and wnhLg
propertyJt~lJte helLe-in WlUved bl! the C.Uy 06 VILbu.qILeDate: .
Applicant/Agent Date:
FOR omC! USE ONLY -APPU
Fee: ~ Recelved by: ~
OSire/sketch plan 0 Conceptual Deveto nt Plan
01mprovement plans ODesign review proj~.desaiptlon
ON SUBMITTAL CHECKLIST
Date: 3-G.'0'- Docket:
OPhoto OPlat
OAoor plan OOther:
2B
Lot 1 of Lot 2 of the S.W. V. of the S.E. V. , of Section 8, T89N, R2E of the 5th PM., in
Dubuque County, Iowa. Net Acres 19.51 Parcel # - 1008451003 - Heim Parcel
Lot 1 of Butler's Hill Second Addition, in Dubuque County, Iowa.
Net Acres 36.33 Parcel # - 1008376003
Lot 3 of Butler's Hill Second Addition, in Dubuque County, Iowa.
Net Acres 16.19 Parcel # - 1008451004
Lot 2 of the N ~ of the S.W.v., Section 8, T89N, RZEofthe 5th PM., Dubuque County,
Iowa. Net Acres 0.07 Parcel # - 1008328003
CONTINGENT
S.W. V. of the S.W. v., Section 8, T89N, R2E of the 5th PM., Dubuque County, Iowa.
Net Acres 40 Parcel# - 1008351001
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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 2
Public Services: Existing public services can serve the proposed site once it
develops.
Environment: Staff does not anticipate any adverse impact to the environment
provided adequate erosion control is provided during all phases of development
and storm water detention is provided in compliance with City of Dubuque
Ordinances and policies.
Adjacent Properties: The most likely impacts to adjacent properties will be
additional vehicle trips on surrounding roadways and higher ambient light level than
existing in the area.
CIP Investments: The City of Dubuque will be coordinating the extension of City
water and sewer into these areas to service the future development of the property.
Staff Analysis: The applicants are requesting rezoning of the subject property to a
combination of R-3 Moderate Density Multi-Family Residential District and C-3 General
Commercial District concurrent with annexation to the City of Dubuque. This project
encompasses 112 acres and includes approximately 37 acres that will remain zoned
agricultural upon annexation.
The applicants have included a schematic design of how the property may be laid out
for commercial and residential development. All the proposed streets would be public
streets and meet City requirements for right-of-way and construction standards. Access
to the street would be through an extension of Plaza Drive, which currently serves only
Asbury Plaza. Plaza Drive will be extended through the Motor City LLClWendell Corey
development to a point on the south side of the Herrig property and be extended to
Derby Grange Road. Derby Grange Road is a county roadway that carries
approximately 650 average daily trips based on 2001 IDOT counts. The extension of
Plaza Drive from the Northwest Arterial to Derby Grange Road has been contemplated
by the City for a number of years.
The area of the requested rezoning/annexation by the Herrigs and Motor City
LLClWendell Corey is commonly referred to as the northwest quadrant of the
community. This area is bounded by Asbury Road on the south, Hales Mill Road to the
west, Derby Grange Road to the north and John F. Kennedy Road to the east. The
Northwest Arterial cuts through the southeast portion of this quadrant, and with the
extension of Plaza Drive, will provide an important roadway to serve this area of the
community. Without Plaza Drive, all future development in this quadrant of the
community, whether it be in Dubuque County, the City of Asbury, or the City of
Dubuque, would have to use either Hales Mill Road, Derby Grange Road, or John F.
Kennedy Road to access the Northwest Arterial and Asbury Road.
City utilities will have to be extended to the Herrig property through the area proposed
for development by Motor City LLClWendell Corey. The City is working with both
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.
Pre,."", by' p;! r R,,;ewed, pp'
Date: CX/.~ .~
Prepared by: Laura Carstens Citv Planner Address: City Hall. 50 W. 13th St Telephone: 589-4210
Return to: Jeanne Schneider. Citv Clerk Address: Citv Hall- 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 Y. of the SE Y. 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 Yo of the SW y., Section 8, T89N of the 5th P.M., SW Y. of the SW y.,
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