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Rezoning NW Arterial_KivlahanPlanning Services Department City Hall 50 West 13~" Street Dubuque, IA 52001-4864 (563) 589-4210 phone (563) 589-4221 fax (563) 690-6678 TDD planning@cityofdubuque.org THE CITY OF DUB E Masterpiece on the Mississippi September 10, 2007 The Honorable Mayor and City Council Members City of Dubuque City Hall - 50 W. 13th Street Dubuque IA 52001 Applicant: John Kivlahan Location: Northwest Arterial Description: To rezone property from C-3 General Commercial District to R-2 Two-Family Residential District. Dear Mayor and City Council Members: The City of Dubuque Zoning Advisory Commission has reviewed the above-cited request. The application, staff report and related materials are attached for your review. Discussion The applicant spoke in favor of the request, reviewing the location of area to be rezoned for the proposed townhouses. Staff reviewed the history of zonings on the subject parcel, access to parcel, and surrounding land use and zoning. Staff noted this is a down zoning of land that has been zoned commercial but without development for 10 years. There were no public comments. The Zoning Advisory Commission discussed the request, and found that it was appropriate. Recommendation By a vote of 4 to 0, the Zoning Advisory Commission recommends that the City Council approve the request. A simple majority vote is needed for the City Council to approve the request. Respectfully submitted, Eugene Bird Jr., Chairperson Zoning Advisory Commission Attachments Service People Integrity Responsibility Innovation THE CITY OF DuB E City of Dubuque Planning Services Department Dubuque, IA 52001-4864 Phone:563-589-4210 Fax: 563-589-4221 PLANNING APPLICATION FORM ^ Variance ®Rezoning ^ Conditional Use Permit ^ Planned District ^ Appeal ^ Preliminary Plat ^ Special Exception ^ Minor Final Plat ^ Limited Setback Waiver ^ Text Amendment ^ Simple Site Plan ^ Annexation ^ Minor Site Plan ^ Temporary Use Permit ^ Major Site Plan ^ Certificate of Economic Non-Viability ^ Major Final Plat ^ Certificate of Appropriateness ^ Simple Subdivision ^ Other: Please tune or print le4ibly in ink Property owner(s): Kivlahan Farms L.C. c/o John Kivlahan Phone: 582-1626 Address: 4922 Wild Flower Dr. City: Dubuque State: IA Zip: 52002 Fax Number: Applicant/Agent: Address: Fax Number: Mobile/Cellular Number: 580-0168 Phone: City: State: Zip: Mobile/Cellular Number: Site location/address: South of the Northwest Arterial and west of John F. Kennedy Road Existing zoning: C-3 Proposed zoning: R-2 Historic District: Landmark: Legal Description (Bidwell parcel ID# or lot number/block number/subdivision): Lot 2-1 of Helen E. & Mary H. Stewart Sub. (1016251001) Total property (lot) area (square feet or acres): 8.17 acres Describe proposal and reason necessary (attach a letter of explanation, if needed): Rezone Lot 2-1 of Helen E. & Marv H. Stewart Sub form C-3 to R-2, to match the surroundin4 areas to the east and to the west that have been rezoned and developed for residential use. 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. cc ~~ ~. ~. Property Owner(s):,~~~,~~~.. ~,J ~' .v„ l i~GU~=cz-d~4.~Date: ~~~ ~Z ~ ~y ~ r Applicant/Agent: Date: FOR OFFICE US NLY -APPLICATION SUBMITTA H CKLIST Fee: ~ ~ Received by: ~ ~ Date: ~ ~ ~d7 Docket: ^Site/sketch plan ^Conceptual Development Plan ^Photo ^Plat ^Improvement plans ^Design review project description ^Floor plan ^Other: THE CITY OF DuB E Masterpiece on the Mississippi N Vicinity Map Applicant: John Kivlahan Location: Northwest Arterial Description: To rezone property from C-3 General Commercial District to R-2 Two- Family Residential District. Legend Proposed Area to be Rezoned REZONING STAFF REPORT Zoning Agenda: September 5, 2007 Property Address: Property Owner: Applicant: Northwest Arterial Kivlahan Farms L.C. John Kivlahan Proposed Land Use: Residential Existing Land Use: Vacant Adjacent Land Use: North -Soccer Field East -Agricultural South -Agricultural West -Residential Proposed Zoning: R-2 Existing Zoning: C-3 Adjacent Zoning: North - R-1 East - R-1 South - AG West - PR Former Zoning: 1934 - SF; 1975 - AG; 1985 - AG Total Area: 8.17 acres Property History: The properly has been used for agricultural production since it was annexed to the City. In 1996 the property was rezoned from AG Agricultural to C-3 General Commercial without any access granted to the Northwest Arterial. Physical Characteristics: The property is located along the south side of the Northwest Arterial west of John F. Kennedy Road. The eastern edge of the parcel is wooded with gently rolling hills. The parcel currently is served by a farm access to the Northwest Arterial. Concurrence with Comprehensive Plan: The 2030 Future Land Use Map designates the area for commercial and mufti-family. The proposed rezoning implements the Comprehensive Plan Land Use Element: Goals 1.2, 1.5, 4.3, 7.1 and 7.2. Impact of Request on: Utilities: Water and sewer will be available for extension to the subject parcel once Pebble Cove Subdivision to the east is developed. Traffic Patterns/Counts: Based on 2005 IDOT figures, the Northwest Arterial carries approximately 10,500 average daily trips. Public Services: The existing public services are adequate to serve the site. Environment: Staff does not anticipate any adverse impact to the environment provided adequate erosion control and storm water control is provided during all phases of development. Rezoning Staff Report -Northwest Arterial Page 2 Adjacent Properties: The development of this property will impact property adjacent to the site through additional vehicle travel traffic once the area is developed under the R-2 zoning. CIP Investments: None proposed. Staff Analysis: The applicant is requesting to rezone the subject parcel from C-3 General Commercial District to R-2 Two-Family Residential District. The applicant previously requested and received rezoning of the same parcel in July of 1996 to the current C-3 General Commercial designation; however, at that time the City Council approved the rezoning only and did not allow for any acccess to the Northwest Arterial. The subject parcel is located adjacent to the future Pebble Cove Subdivision. The Zoning Advisory Commission approved the preliminary plat for Pebble Cove Subdivision in May of 2007. The applicants also have submitted a preliminary plat for Pebble Cove #2 that subdivides the subject parcel into two family lots, with the extension of Charleston Court. The applicants have not yet begun work on Pebble Cove, but both access and utilities will need to be extended through Pebble Cove to serve the subject property. City water is available along the Northwest Arterial right-of- way and the extension of City water through Pebble Cove Subdivision may be required to be interconnected to the Northwest Arterial water main, thus providing a loop that will help insure water service in the case of a main break. The proposed rezoning to R-2 Two-Family Residential is consistent with the City's Comprehensivei Plan which designated the subject parcel partially for commercial and partically for multi-family residential use. The triangular shaped lot is difficult to develop for commercial uses without direct access to the Northwest Arterial. The proposed rezoning to R-2 will be an extension of the previously approved Pebble Cove Subdivision to the east and will provide additional two-family building lots in the City of Dubuque. Planning Services staff recommend that the Zoning Advisory Commission review Section 6-1.1 that establishes criteria for the review of rezoning requests. Prepared by: ~ Reviewed: ,U~,~- Date: 8~Z8•o~7 F:\USERS1Kmunson\WP\Boards-Commissions\ZAC1Staff ReportsUCivlahan rezoning 08_15_07.doc Prepared by: Laura Carstens. Citv Planner Address: Citv Hall. 50 W. 13th St Telephone: 589-4210 Retum to: Jeanne Schneider. City Clerk Address: City Hall- 50 W. 13 St Telephone: 589-4121 ORDINANCE NO. 50-07 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT SOUTH OF THE NORTHWEST ARTERIAL AND WEST OF JOHN F KENNEDY ROAD FROM C-3 GENERAL COMMERCIAL DISTRICT TO R-2 TWO-FAMILY RESIDENTIAL DISTRICT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter-described property from C-3 General Commercial District to R-2 Two-family Residential, to wit: Lot 2 of 1 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. Passed, approved and adopted this 17th day of September, 2007. Attest: Roy D. Buol, Mayor: Jeanne F. Schneider, City Clerk