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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 ~<k~ 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 ~crNOP~ DUB ~.,k~ 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 . p:) ~ ~ ~o <]2 ~l ~ f c.. C'lS ::E ~ c:: .- CJ :> ~ Ai2% '\;,;;; rrM ..., 7 01\- Q:J 00/ ~w C) 'C .... Ol I o ...., >- ell (J) O/l C .J::. o ...., Ol C) C ell .... C) >- .0>- ....- Ol C O::l _0 00 :SOl ::l ::l ocr (J)::l .0 .. ::l cO o :t:i -c- ell ell U 0 .30::: c . o Ol :;;:J ucr +-'IC:J .2:;::; ::l.o L... -"-:J >-1ii::lCO t:: .-:2 0 OlO u_ 0.. - i?:' C 0 O ell'-'- >- s....(/)............ ....::l C U'- 0.. == Ol'c 0 ~50~Ol o 'C 2 0 :S ~~~ell.8 .... Ol .- o....."'Cc C F <( 0 Ol .Q . . i?:':2 :g iii cC('")(/)Ol~ o ::l I :;::;oo:::o:::c 0.." C .-......, ~ >- ell .... ~- u E :!: 'E .J::. :BoO ell:!: O~.8LL~ - ~ \ ~~ ~ "'C Ol C o N Ol 0::: Ol .0 o - ell Ol .... <( "'C Ol (/) o 0.. o .... a... e........... ............ ............ ............ ............ ............ ............ . . . . . . . . . . . . ............ ............ ............ (/) :!: E ~ ~ o '\ IT ,~$'>-~ ~~ v Vi ;/ Hiii!iii 'BROOKHILLS A~' ~ ...:::....!...::: (I .. u~ .--- ~\ R~~~ 1 Q] I:c- ~ I- f- 0'J::,,~ ?f(~ \ ~~yj f'< .;...; C ell U 0.. 0.. <( r-l e-; , ~ T ~)M ::::::: rf~ iiiri, ~ ,--,,;J,Ey}:::J: - ~I ~.:':.:::ii:: i-~ ..... ... ........ .................. ~ I f \...- n I II II II r [ L ;:; ,.:y -"~ ,,~ g Nl'llnLn\t w :; :; ::> UJ I: 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 - 0 'L: - C - 1 .!!! 0 0 'L: E co:;::::; 0 - . .!!! " ......- '0 (1l co ~ Cl Q) .52 (1l .... >< 0 ~ ....:;::::; Q) Q) :;:: ~ 'L: Cl >-...... C E C C co .... C c f Q) (1l t: .~ Q) C - Q) "e ~ I .... ~032E(1l 0 "0 " 'L: 'in Q) ~ 0 o(ij(/)O.c - Q) E ~ C. ........Q)U."!: en -, >- is a:: E 0 CU .0 o.:JO:::- 3: m :E >- .... >- Q):!: >-(1l . >- 0 Q) ...... :J ....CQ) (1l C) ~ (1l 0 C C()=Q)O:J .... 'E s::::: C/) :J 0.;:: E C:;::::; r::r :J .0 _0 :!: (1l (1l 0 cCS ~Cl(1l~g:J :J u.. .... en .- OU Q) ; .... <( u.. :J .0 0 , - .!: 0 C 'E >< CU C .c Q) O~ OM.......::::::I 'L: ~ Q) .c ...... Cl ::J W U :J :J 1-"-<(3: ,CO <( C) 0 0 0 r::r I'-UO_ >- -, C/):J .. >- 0 0 C) N C') ..J CCN"CC , , - .0 <( a:: C) (3 .;.; .. :J o :J ' C._ Z. C CO :;::::; 0::: (1l '- (1l 0 0.0 ............-U 0 :;::::; "C- .;:: U >- () () m II ~ () .......-.- Q) ........... D <]z ........... a. (1l (1l (/)EUl::l::.c ........... i " ........... () 0 Q) (/)(/)...... ........... , ! 0. ........... 00'-'- 0 ........... .30::: ........... <( ........... O~......OO...... ........... QO .", / ::> ~~I;12 :e;: .;c: BROOK HILLS '" UJ ::; ::; ::> '" 1o)[E~[EU\Y7[E~ 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. - ./ ~/4/t~/ At;/~ MOTiOR CITY LiLC "^^^-^^- 825 S. TAFT AVE.. MASON CITY, IOWA 50401-7345 TEL: (641) 424-3330 FAX: 421-7733 coreybis@yahoo.com r', I 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 2 ----,~---~--~----------~--~ I ' I ! I . I I I I I I I I I I I I I I I I I I I I HOUSING DEVELOPMENT \-\B~I~ f'~ -CoAl~ f'~ ~ (I- v' .- I ,&1 /i LOll #34 7.'4.ACIIS I e:tJ?, ~~ , . JZ.\ LOT #33 7.'J1ACRF I 3 ~ I ':31. ... \ LOT .31 3.2RACRES . \ )- ~ LC~ #2' ""I( ~ ~ ---~- 'f . '>;-'.OT liL #21 74 ACRES ~ -"), :r. ~ LOT 020 42ACRl:S LOT #21' .).42 ACRES LOT #30 3.2e ACRES , . , l~~ LOT.14 I J fl+-=u..J:::1/ IIU , I , i , ,-tv"";' It''V-'" C!) , 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 ADDRESS PRINTED NAME J ~~fg;a' (3/o027)e~1'1C~tq'eJZc/ e./.J.D'r\ CC0f~s ? t./ U ,,.1 ~. /Jla'J- /J",y~yC"'<""'r Oel DDJt/<t..5 C~-r-e5 -.3 .~ C~ ~'r 162'12 lIC/?tJiJ LA) TaSt'" G lQqfe'16u,J' '1 ~if~;2f~ ~tJL Zh- /fynal1rL K &UdV1ky 5 ~t0 .'Yrf: 1~d,r9 Jleu~~ L/SCL R Krapf! ~ ~ ~~ 1~7..70 \-\~n:>~,l L.vvre ~v,.1 G.Ef''€;-+b'''-c0 7 \lrcr..dvL:1Jy~ILPZ10 Herta L:Jne '\Jtctj M. 'tJrertt:ik.h ~ a~4AU,M~ /?U5-//er-4 ~/j,,- .HY"len",- t !J1e.)bqdt q EcY j, A~'6CJ-1:5L/" d.. b '.5' Pz___..( E J f S t3 v (.J. i<> ,.." k. /b ,~~J~ /6363 ~~, ?DE 'j)oH~. 1/ -v<--<:,,-'Bb~1 IlI-s,&,3 ~oJ.t'tA....Q ])4~1t J36HIL. 1.;;1 ~ 1&'11-1 ~JCtJvvt- J f/l./1 OIJ~trvn /3 \ ~,Q Q Ic~ I u Lfd' ~<.?~ oc9 \C'l'o-Q. 'v' IcJ6{ I (~ 61c:lh(,~ Jt..j . ~ '{\~~~~0 \ '-R.'7 9? 1-\e..R-D<l ~VJe ~:~~ J5 '~~~ jVl"1.1 keAe~l ~ L,'fJIJPr ~o;rJjti )1:, ~~,13~ 1639/ II~~ E/~'I1-e~ /'1 r:< ~~ 1(, 39! ~ ~ Ray/VttJNd {/. (3acfr~< /8 f ~-z.-c..,) 1I/...i?/YU':l7 /6 77(,J{0?'U.A,~li;r:<-<-L -1)oVlVl /..\ Y11t'-I:Y"yt J 9 ~ ~ ')V I tfevd J-~ J; 1'(\ is Q '-'=-fy ~o ~~J!j. .. ... '~~--- //l d779~Y4/C~//~ C)/ ~~l__ - /c71S?d. J.Fi<. '?!d-/-J-<./'<."'- 'Sc\..."",,-l , . t.-RW~""Nc..~ .y,;? ~. Q 5>- 7 c;, ..r: ~ f):.J(.o. 5ic:-h "'1- 4../ C).;3c...i . /7 ~ /2..6' LY ;J!Pr-(e/le I . /(.jtt 1(7, ,(3 e , /VI (! j r2 t^' d1 ' ~GT:~ J~(~ Q5 ~c ~_C:\.....~ \~.l::,~ l:::I~b~ ~ Rc.\J ~~'~\''l>-'-''-- 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: 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 :;) 'i5 tJ fR. ~ /3tt1Y D EMj C'AI1Nf$ Rc/ tJ'IIt CI #.fe--+, 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 31.' . ~,,--- /3tl/7:Ur:Q7Gr<.4~~/_~. Q~WJ-;lIWU-'. 35 ~ Jl4 ~<(I;f ~~l.~ t/e/~ //;'14/ 3 ~ ~ 1/4Y 7''11:1 ~~ ()e~;?? ;f; IJ ;7 37' .JJ(~ I~~~ /39/g~~_. 11[.~LeLer.1W({~ 3'6 ::jeveN'v" !2ec!:."'l 1-t9/~ S'1'R~ ~4 c-.'"Jfe,;eN S72E:DIN~ 3 ~d~' .~ -. !3C)/1~~~ ..-l!!~r1Jt> Zo..)42nt' I<. 16~dr- " 1 /31/"1 ~v~a::~ ~Le06Zfj.Ul?/YIK If; /fa..ronCt"Z-/.I;k /39/9 ~~7.,2~. /irY)11 ZkU7I'/ I-fd"1f3 ~ rf/.Jd ~ /3))) tJ.eA.~~'7.fc( !r1"f"I5~ .tJ('/~ 1t.j U~ /30 J-J.. Del'i> 1 tf-r~~f't' lei 1119-117 Jche);k~,.. I-(? :?d~ (~CA~'7 L",-, j1.c,t-e. wcU ltG ,/;&fl:- !35c?.2.. Surn>t L'"'- ~ fY\cof7 K..yLhhb Lj7 ~ 0 /310:87 ...svrl'fviLY1~<e1'4wwf:r.et~ ~ ~ ~ \~';~ :?~<y ':>-- c ~~~~ ""~ '---\~ c;.. I}~ o//l,In--y r), JrVJ'1f iJrlrJ..er D~ 8 ~ 13gSlo ~ ~ T'I\~CJ\v.J1 /i€.f,e,./ 0\ 'm~[JerLe.1 lo1CoI ~rrd hh.. tv'\"'oc..~"\- W()l~ 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~ ~~ 1>'t;1l.J 5"JI~1 t:..AJ O ' -Deft! n \"T1uz,~ I "IOlVIJ 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 PHONl;/51o:r5''6:;J.-fDi/Q /P(~ 7f ;J~~ n" Lr...."JLSZd"'d 'C-~/c;. ZOO& f}L......, ~ ~ [ji)1<@uWI<IiiI (; A1 W<<-4, 2--' ~~ lfIlJUN 1 3 1006 ~ ~o w. /3-z:::L1;;:L A2~. ". CI1YDf DUBUQUE '1./"" _ p ,r::::,,4v c::5-Z e";! / PLANNING SERVICES DEPARTMENT a_ff/J/~~-<,:ro 7'?~ :-']' ~ #~ R~r/9 ~. ~ cu.~--.J A..... /2 r/ ~ /a..4A?V ~~~&0/~ t~t a~ ~ ~-C fl(j~, ~ C-5 (J~, (p--J-~~~ --1M.H") M-- V tl'r -{" JJ- :d..u q~~~~/G.~ ~ C'j~~ _ ;j"j,~a.A-u./ ~~ JA--~ t:L~ ~./f- ~~.~-ih~~. !~...7"~ r~7 /t(~db/ //7~;?ffiuL<- jJ1a.r/ene I /3r/I'I/e-Ylilr 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 /'~I1.^ /l~" 0 (ljl~ \..Sieve Fleischmann C<?'>rn~ CP~ ~/ 0/../ fD)~~~ow~rm U1) JUN 1 3 2006 1YJ .r3~w. J~~ CITY OF DUBUQUE PU\I'INING SERVICES DEPARTMENT /Ju) <-l (U.. D ~@~OW~ CI1Y OF DUBUQUE q t.v'1/'l: .. -r becer....e. rte. !u qc/~.s ".p 4J G/q..., ."( J .. 0 ,e f ()'-fr Co be.. /"ez.o.., ""/,,,, K~ I- ,f3 c.j , w-c.. /1 e, '.(to.rl" ,j" 'f W4'\. /,1-(1// 01" #\. 'j- ;5 rh ,-,t::: c",.., /.> e r ezp'1. Iz, ~J tJ-oi G/Y....-e- "l o..,j (] we ",-,-,d rA ffl2 &h.. JJ1 We q/"C C""C er"e",I q .s, <<f7( o.f- //"u, ~ 0"'- We /! "I "....d' / " II> C.(" ,,{o~f<" we.. /"'-"...--e /hJ ,;{.vc- h 4~ (/ ,~ '" WJ/;( """a(,j "" '< Jh-r;;....., /v / S /~ e eI.. Ift/, - AIIVC- 'I c/e., -;-<:.,-,(L""..(.".! <l W'l: 'W-< "".vl.: ",.v.o. h ~"'I/e. ~,J /.. ,I.""" /"~ I-v Cc h <-<..(!- ;;:/.,.-... 0,,- h:e -"<-.-....J-v- of- q~.J C (7~ /Jerl, G.rq.~ ,.e/, W-c.. 'f wtJ'-< (.:I '" q '<;;<.. ~ -<CGA~ "r~" r-r:z.-,.....J ti> C2. <'<>........ e/P<'/ Cv'l ce/^ ~;''''_ tP 67Zt:'/ ",J /"f:.. '-1<: , rtV,- ,^ e,'//",/J'. "":/ "...../ r;r i 1- 4 ,~L/ ,4)~:; iJ-e'-/; Gr"-?-of/ iJui "'~ M c ~....ci'_~_~_____ S- -ZOr/ <- i5~B~E ~<k.~ 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 1 ~ ~~ r ~::J . ~Q <Jz ~\ ~ 1;~ (l$j w70~ \ c.. CIS ::iE ~ s::: .- to) :> ~ J~ ~ 0<:>/ ~w Cl 'C .... 0) I o .., ~ ii'i (f) o/:l c ..r::. o .., 0) Cl c m .... <9 >- -E>- 0).... 05 _0 00 ..r::.0) :J:J 00- (f):J .0 .. :J co o :.t= -e- m m o 0 .30:: c . o 0) :;:;:J 00- +J.C:::J .2 +> :J .0 '- - '- :J >-Ui:Jco 1:: .-:2: 0 0)0 0_ 0. >-co O m:!:::.- >- s...w.............. ....:J c 0'- o..:!: O)'C 0 0):J01ij0) C 0 '-..r::. o 'C .!! 0 .... ~~~ii'i.9 '- Q)'- o.....-ocl5 ~ <( 0 0) .- ....?;-:2:32-ro cC(t)!(!~ o :J I '" +>00::0::2 .9-0 >- >- m .... ....- o E'- 'E- ..r::. (/) 0 .... 0) 0 m'- 0.t=.9u..~ -0 0) C o N 0) 0:: 0) .0 o .... m 0) .... <( -0 0) (/) o 0. o .... 0. ............ . . . . . . . . . . . . ............ ............ ............ ............ ............ ............ ............ ............ ............ (/) :!::: E ::i >- .... C3 ii:<,;.;..;...;.,.;.;-....~, b ' '! t.t, " ~ ~ L ~~;,'~! r!::::!::: CY/l e.- n ,I II II II f L ;Y; ,;;- .:,,~ ,,~ Cj ................... . ................... . 'v1 ~/HHH:H' ROOK HILLS ~l5~,. ~~ \T.":,.,:,'.. ~ v ~ t ::+n~' -, af! I~ - ;"': ',''ffi c----~\ 1~~ T -:: ~~t . ~ ~')/;; \fJ/J'$~~ ! ~ ~/z/ --<"A.,./ c> \J..- Qv ,="-- [\ 1'-,"-. l-A"'-J J.:. 11 \ 1"-.~ r r .;..; C m .2 0. 0. <( ~JM fr~ - .--t '-- ~ I J .... .... ....... ....... ....... ....... '''J I" f'.-. \'""bEy ::},..J.. _!::::::::::': NI'I/n.Lnv - .................. .................. ..---- ................... . ................... . ................. ................... ................... ................... 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