Request to Rezone Kivlahan FarmsPlanning Services Department
City Hall
50 West 13th Street
Dubuque,IA 52001-4864
(563) 589-4210 phone
(563) 589-4221 fax
(563) 690-6678 TDD
~IanningC~cityofdubuque.or~
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O7 APR I I AM 7~ 4 8
City C1err;'s Offiice
Dubuque, IA
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13"' Street
Dubuque IA 52001
April 9, 2007
Applicant: Kivlahan Farms LC
Location: Southwest of the Northwest Arterial/John F. Kennedy Road intersection
Description: To rezone property from AG Agricultural District to R-1 Single-Family Residential
District.
Dear Mayor and City Council Members:
The City of Dubuque Zoning Advisory Commission has reviewed the above-cited request. The
application, staff report and related materials are attached for your review.
Discussion
The applicant spoke in favor of the request.
Staff reviewed surrounding zoning and land use. Staff noted the existing roadway network will
serve the subject parcel, reviewing location of proposed access to the parcel and previous
changes to the parcel when the Northwest Arterial was extended.
There were no public comments.
The Zoning Advisory Commission discussed the request, noting that the Comprehensive Plan's
Land Use Map designated the property for multi-family residential and the R-1 zoning is
consistent with surrounding property.
Recommendation
By a vote of 5 to 0 the Zoning Advisory Commission recommends that the City Council
approves the request.
A simple majority vote is needed for the City Council to approve the request.
Respectfully submitted,
~~'~n~e ~'~ ~~
Eugene Bird Jr., Chairperson
Zoning Advisory Commission
Attachments
F:IUSERS\Kmunson\WP\Boards-CommissionslZAC\City Council\CC 04_16_OTKivlahan Rezoning (NW Arteria_JFK) 04_16_07 cc.ftr.doc
THE CITY OF
DUB E
Masterpiece on the Mississippi
__. _ ~ .__ _.... ~ .__.,.. ,..._.a_...._ _._ ~._ _ . ~. _ . ..
Service People Integrity Responsibility Innovation
Prepared by: Laura Carstens. Citv Planner Address: City Hall, 50 W. 13th St Telephone: 589-4210
Retum to: Jeanne Schneider. Citv Clerk Address: Citv Hall- 50 W. 13 St Telephone: 589-4121
ORDINANCE NO.16-07
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE
CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED NORTH OF DAVID DRIVE FROM AG
AGRICULTURAL DISTRICT TO R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of
Ordinances is hereby amended by reclassifying the hereinafter-described property from AG
Agricultural District to R-1 Single-Family Residential District, to wit:
Lot 1 of 1 of 1 of 1 of 1 of 1 of 1 of 1 of 1 of 1-9 NE'/. Section 16 T89N, R2E
Lands Inside and Lot 2 of 2 of Helen E. and Mary H. Stewart Subdivision, and to
the centerline of the adjoining public right-of--way, all in the City of Dubuque,
Iowa.
Section 2. The foregoing amendment-has heretofore been reviewed by the Zoning
Advisory Commission of the City of Dubuque, Iowa.
Section 3. This ordinance shall take effect immediately upon publication, as provided
by law.
16th
Passed, approved and adopted this 16th day of April, 2007.
Attest:
Jeanne F. Schneider, City Clerk
City of Dubuque
~crrYOF Planning Services Department
DUB E Dubuque, IA 52001-4864
Phone:563-589-4210
Fax: 563-589-4221
~~ ~ ~~
U PLANNING APPLICATION FORM
^ Variance ®Rezoning ^ Simple Site Plan ^ Annexation
^ Conditional Use Permit ^ Planned District ^ Minor Site Plan ^ Temporary Use Permit
^ Appeal ^ Preliminary Plat ^ Major Site Plan ^ Certificate of Economic Non-Viability
^ Special Exception ^ Minor Final Plat ^ Major Final Plat ^ Certificate of Appropriateness
^ Limited Setback Waiver ^ Text Amendment ^ Simple Subdivision ^ Other:
Please tvpe or print lectibly in ink
Property owner(s): Kivlahan Farms L C c/o John Kivlahan Phone: 582-1626
Address: 4922 Wild Flower Dr. City: Dubuaue State: IA Zip: 52002
Fax Number: Mobile/Cellular Number: 580-0168
Applicant/Agent: Phone:
Address: City: State: Zip:
Fax Number: Mobile/Cellular Number:
Site location/address: South of the Northwest Arterial and west of John F. Kennedy Road
Existing zoning: AG Proposed zoning: R-1 Historic District: Landmark:
Legal Description (Bidwell parcel ID# or lot number/block number/subdivision): Lot 2-2 of Helen E. &
Marv H Stewart Sub (1016251002) and Lot 1-1-1-1-1-1-1-1-1-1-9 of NES/4 of Sec 16 T89N R2E (1016277001)
Total property (lot) area (square feet or acres): 17.83 acres
Describe proposal and reason necessary (attach a letter of explanation, if needed):
The surroundinct areas have been rezoned and developed for residential use and the rezoning to R-1
would allow these parcels to be developed for residential use as well.
CERTIFICATION: I/we, the undersigned, do hereby certify that:
1. The information submitted herein is true and correct to the best of my/our knowledge and upon
submittal becomes public record;
2. Fees are not refundable and payment does not guarantee approval; and
3. All additional required written and graphic materials are attached. ~j
Property Owner(s)s~~(~~~~ 7~u~u-z~ h?~ ~ Date: ~ ~ ~~~~ /
Applicant/Agent: Date:
FOR OFFICE USE LY - A TION SUBMITTAL CHECKLIST
Fee ¢/fibo. e~ Received by: ~ Date: 2 • ~' ~~ Docket: r~ ~~Q
^Site/sketch plan ^Conceptual Develo ment Plan ^Photo ^Plat
^Improvement plans ^Design review project description ^Floor plan ^Other:
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Base Map Provided by Dubuque County GIS
THE CITY OF
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DIUB _ E
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Vicinity Map
Applicant: Kivlahan Farms LC
Location: Southwest of the Northwest Arterial/
John F. Kennedy Road intersection
Description: To rezone property from AG I~
Agricultural District to R-1 Single-Family
Residential District.
Zoning Boundary
Proposed Area to be Rezoned
~~ City Limits
ZAC Vicinity Maps\kivtahan rezoning 03_09_07
REZONING STAFF REPORT
Property Address: North of David Drive
Property Owner: John and Doris Kivlahan
Applicant: Same
Zoning Agenda: April 4, 2007
Proposed Land Use: Residential
Existing Land Use:
Agricultural
Adjacent Land Use:
North -Highway
East -Residential
South -Residential
West -Vacant.
Proposed Zoning: R-1
Adjacent Zoning
Existing Zoning: AG
North - R-1/C-3
East - R-1
South - R-1
West - C-3
Former Zoning: 1934 -County Total Area: 17.83 acres
1975 -County
1985 - AG
Property History: The property has been used for agricultural purposes since its
annexation into the city.
Physical Characteristics: The parcel is located near the southwest corner of the
Northwest Arterial and John F. Kennedy Road. The property generally slopes to the
south and is divided in half by an existing drainageway.
Concurrence with Comprehensive Plan: This request involves the Comprehensive
Plans Land Use Element Goals: 1.2, 1.5 and 7.2. The Comprehensive Plan Land Use
Map designates the property for multi-family residential.
Impact of Request on:
Utilities: Existing utilities are adequate to serve the site.
Traffic Patterns/Counts: None available.
Public Services: Existing public services are adequate to serve the site.
Environment: Staff does not anticipate any adverse impact to the environment
provided adequate erosion control is provide during all phases of development.
Rezoning Staff' Report -Kivlahan Rezoning/north of David Drive Page 2
Adjacent Properties: The most likely impact to adjacent parcels will be an increase
in the amount of vehicle trips on David Drive.
CIP Investments: None proposed.
Staff Analysis: The applicants, John and Doris Kivlahan, are proposing to rezone the
subject parcel from AG Agricultural District to R-1 Single-Family Residential District.
The subject property is accessed by way of a stub street off of David Drive within
Wynstone Subdivision. The subject property is bordered on the east by existing single-
family homes fronting on John F. Kennedy Road, by the Northwest Arterial on the north,
and by vacant properly owned by the Kivlahans on the west. To the south is the
existing Wynstone Subdivision, which is comprised of 66 single-family building lots
currently under development.
Access to the proposed subdivision is by an extension off David Drive. This stub street
was required as part of the platting of Wynstone Subdivision to provide access to this
property to allow its future development as a residential subdivision. The proposed
subdivision will include public streets as well as public water and sanitary sewer mains.
The Comprehensive Plan Land Use Map designates this area for multi-family
residential.
Planning staff recommends that the Zoning Advisory Commission review Section 6-1.1
of the Zoning Ordinance that establishes criteria for review of rezoning request.
Prepared by: ~ Reviewed: ~/l~ Date: 3 ~ Z'7 ~o'~