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Rezoning Miller Road Terminus Henschel's Hidden AcresPlanning Services Department City Hall 50 West 13~ Street Dubuque, IA 52001-4864 (563) 589-4210 phone (563) 589-4221 fax (563) 690-6678 TDD planningC 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: Thomas & Sheri Henschel Location: West of Miller Road Terminus (Lot 2 Henschel's Hidden Acres) 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, reviewing the location of property to be rezoned. Staff reviewed surrounding zoning and land use, noting availability of City water and sanitary sewer facilities. Staff reviewed access issues, noting there was a platted easement along Miller Road to the subject property. 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, ~~u~e 1~ ~~~vuk ~ /~~ Eugene Bird Jr., Chairperson Zoning Advisory Commission Service People Integrity Responsibility Innovation THE CITY OF DuB `t~. ~ PLANNING APPLICATION FORM ^ Variance ~ezoning ^Conditional Use Permit ^Planned District ^Appeal ^Preiiminary Plat ^Special Exception ^Minor Rnal Plat ^Limited Setback Waiver ^Text Amendment Please tvae or arint le4ibly in ink Gty of Dubuque Planning Services Department Dubuque, IA 52001-4864 Phone:563-589-4210 Fax: 563-589221 ^Simple Site P{an ^Annexation ^Minor Site Plan ^Temporary Use Permit ^ Major Site P{an ^Certifirate of Economic Non-Viability ^ Major Fnal Plat ^Certificate of Appropriateness ^Simple Subdivision ^Other: Property owner(s): ~ ~f ~~~A~ ~~~~~ Phone: ~3 ~•Z~'~ /Address: ~,~i~~ Gty: .(i~~~~" Stater Zp: CZar,3 749 'Fax Number: ~~ ~Sl'° Mobile/Cellular Number: S~S3- ~.~! 9~Z9 Applicant/Agerit: Address: Fax Number: Site location/address: Gty: Phone: State: Zip: Mobile/Cellular Number: F~cisting zoning: ~~~ Proposed zoning: ~- ( Historic District:: ~_ Landmark: ~_ Legal Description (Bidwell parcel ID# or lot number/block number/subdivision): - -. Total property (lot) area (square feet or acres):~~ ,~~~5 Describe proposal and reason necessary (attach a letter of explanation, if needed): 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. Property Owners}: „~~~ Date• 7 ~O- ~ Applicant/Agent: Date: FOR OFFICE USE ONLY -APPLICATION SUBMITTAL CHECKLIST Fee: ~36a 'Received by: ~ Date: '7 -~ °~ t~ocket: Site/sketch plan ^ Conceptual Development Plan ^Photo ~lat ^Improvement plans ^Design review project description ^Floor plan ^Other: THE CITY OF DuB E Masterpiece on tl~e Mississippi N Vicinity Map Applicant: Thomas & Sheri Henschel Location: West of Miller Road Terminus (Lot 2 Henschel's Hidden Acres) Description: To rezone property from AG Agricultural District to R-1 Single-Family Residential District. Legend Henschels Hidden Acres Base Map Provided by Dubuque County GIS Planning Seroices~cinity Maps/ZAC Vicinity Maps/Final Plat of Henschel-McNamer Place #3 07_10_07 REZONING STAFF REPORT Zoning Agenda: September 5, 2007 Property Address: West of Miller Road terminus (Lot 2 Henschel's Hidden Acres) Property Owner. Thomas and Sheri Henschel Applicant Tom Henschel Proposed Land Use: Residential Proposed Zoning: R-1 Existing Land Use AgriculturalNacant Adjacent Land Use: North -Residential East -Agricultural South -Agricultural/Flood Plain West -Agricultural Former Zoning: 1934 -County Agricultural 1975 -City Agricultural 1985 -City Agricultural Existing Zoning: AG Adjacent Zoning: North - R-1 East - AG South - AG West - AG Total Area:.448 acres Property History: The property was part of the original farmstead built in 1880 and has served as agricultural land to the present The property was subsequently annexed to the city. Physical Characteristics: The property is an approximately half-acre parcel located just north of the Catfish Creek flood plain. The property 's situated at the toe of the bluff with approximately 16 feet of elevation change from the north boundary of the property to the south boundary of the property. The property has frontage along the platted Miller Road . along its south boundary. Concurrence with Comprehensive Plan: The Comprehensive Plan encourages provision of a range of housing options throughout the community. The Comprehensive Plan also encourages the redevelopment or adaptive reuse of vacant or underutilized sites. The future land use map calls for this property to be residential Impact of Request on: Utilities: Sanitary sewer is available approximately 85 feet south of the subject property. City water, however, is not currently available in this area andthe property owner may have to provide a private well. Traffic Patterns/Counts: No traffic counts are available for Miller Road which is not heavily used. Rezoning Staff Report -West of Miller Road terminus (Lot 2 Henschel's Hidden Acres) Page 2 Public Services: Road maintenance and trash collection are discontinued at the end of the paved portion of Miller Road approximately 1,100 feet east of the subject lot. Under a development agreement signed by the property owner and the City of Dubuque, it is not necessary for the roadway to be improved to City standards from the Miller Road terminus to the subject lot. Environment: Development of asingle-family home on a large lot at this location should have limited impact on the environment. Adjacent Properties: The subject property is screened bya heavily wooded hillside and is remote from any adjacent residential development. Therefore, rezoning the property for single-family residential development should have little impact on the adjacent property. CIP Investments: None proposed. Staff Analysis: The applicant is proposing to rezone an approximately half-acre parcel of property located on the Henschel Farm approximately 1,100 feet west of the terminus of the paved portion of Miller Road from AG Agricultural to R 1Single-Family Residential. The property is part of the old Henschel Farmstead that was o-iginally developed in 1880. The property is remote and well screened from adjacent properties.The applicant intends to build a single-family home at this location. City refuse pick up is available at the western terminus of the Miller Road pavement. Tte City maintains the paved portion of the road. City water is not available but City sanitary sewer is available. The property is sloped with approximately 16 feet of elevation change over a distance of approximately 115 feet. The lot, while not located along a platted City street, is adjacent to the Miller Road easement, which is 50feet wide at this location. The property owner currently has a development agreement with the City of Dubuque which does not require improvement of Miller Road to City standards. Currently, the road is narrow and unpaved. Any subsequent development of the subject property or adjacent properties would require that Miller Road be improved to Cityor private street standards to serve the additional lots. Staff recommends the Commission review the criteria established in Section 61.1 regarding rezoning. Prepared by: !~r~i~i~ Reviewed: ~ Date: £~"Zc~'~' Prepared by: Laura Carstens. City Planner Address: City Hall. 50 W. 13th St Telephone: 589-4210 Retum to: Jeanne Schneider. Citv Clerk Address: City Hall- 50 W. 13 St Telephone: 589-4121 ORDINANCE NO. 51-07 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT THE END OF MILLER ROAD 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 2 Henschel's Hidden Acres, 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 Cierk