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.
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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