Rezoning English Ridge Subdivision_Stone Valley Drive_HearingPlanning Services Department
City Hall
50 West 13~ Street
Dubuque, IA 52001-4864
(563) 589-4210 phone
(563) 589-4221 fax
(563) 690-6678 TDIS
planning@cityofdubuque.org
THE CITY OF Dubuque
DuB UE ,ij~i~
Masterpiece on tlae Mississippi zoo:
October 9, 2007
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque IA 52001
Applicant: Larry McDermott/English Ridge LLC
Location: East of Stone Valley Drive on the west side of English Mill Road
Description: To rezone property from C-3 General Commercial 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
Ron Klein, representing, the applicant, spoke in favor of the request noting that the
subject property will be part of the single-family residential area of the proposed English
Ridge Subdivision.
Staff reviewed the rezoning request noting location of property, surrounding land use
and zoning and that the request represents a down zoning.
A letter of opposition was received and filed.
The Zoning Advisory Commission had no objection to the requested rezoning.
Recommendation
By a vote of 7 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.
Service People Integrity Responsibility Innovation
The Honorable Mayor and City Council Members
East of Stone Valley Drive on the west side of English Mill Road
Page 2
Respectfully submitted,
~"~
~- ~~~~~
Eugene Bird Jr., Chairperson
Zoning Advisory Commission
Attachments
cc Gus Psihoyos, City Engineer
Bob Schiesl, Assistant City Engineer
F:\USERSU(munson\WP1City CouncillCC 10 03_07Utezoning English Ridge (McDermott) CC ftr 10_03 07.doc
Service People Integrity Responsibility _ .Irmo ~ ~ _ ..._...._w....._..
vation Teamwork
Prepared by: Laura Carstens. City Planner Address: City Hall, 50 W. 13th St Telephone: 589-4210
Retum to: Jeanne Schneider, City Clerk, City Hall- 50 W. 13 Street, Dubuque, IA 52001-4864 563-589-4121
ORDINANCE NO. 52 -07
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE
CITY OF DUBUQUE CODE OF ORDINANCES, BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED EAST OF STONE VALLEY DRIVE FROM C-3
GENERAL COMMERCIAL 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 c-3
General Commercial District to R-1 Single-Family Residential District, to wit:
Commencing at the southeast corner of the NW '/4 NW '/4 Section 5,
T88N, R2E, the point of beginning; thence South 89° 8' S7" West a distance of
635.25 feet along the South line of said NW '/4 NW '/4 Section 5 to the centerline
of a natural gas pipeline easement; thence North 21 ° 45' 7" East a distance of
1039.99 feet along the centerline of said pipeline easement; thence continuing
northeasterly along said centerline on an arc with a radius of 210 feet and a
length of 222.61 feet, having a chord bearing North 52° 7' 12" East and a length
of 212.33 feet; thence North 82° 29' 16" East a distance of 87.58 feet along said
centerline to the Easterly line of the NW '/4 NW '/4 Section 5, T88N, R2E; thence
South 0° 14' 33" West a distance of 57.52 feet along said East line of NW'/4 NW
'/< Section 5, to the Northwest corner of the S '/Z NE '/ NW '/4 Section 5; thence
continuing South 0° 14' 33" West a distance of 1040.82 feet along the easterly
line of said NW '/< NW '/4 Section 5 to the point of beginning containing 10.40
acres more or less, and to the center line 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.
ORDINANCE NO. -07
Page 2
Section 3. This ordinance shall take effect immediately upon publication, as provided
by law.
Passed, approved and adopted this 15th day of October, 2007.
Roy D. Buol, Mayor
Attest:
Jeanne F.Schneider, City Clerk
F:\USERSUCmunson\WP\Boards-Commissions\ZAC10rdinances_ResolutionslEnglish Ridge Subdivision Re2oning Ordinance 09_24_07.doc
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THE CITY OF
DUB E
PLANNING APPLICATION FORM
^ Variance ®Rezoning
^ Conditional Use Permit ^ Planned District
^ Appeal ^ Preliminary Plat
^ Special Exception ^ Minor Final Plat
^ Limited Setback Waiver ^ Text Amendment
Please type or print le4ibly in ink
City of Dubuque
Planning Services Department
Dubuque, IA 52001-4864
Phone:563-589-4210
Fax: 563-589-4221
^ 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:
Property owner(s): English Ridge LLC c/o Larry McDermott Phone: 583-4633
Address: 14407 Hwy 20 West City: Dubuque State: IA Zip: 52003
Fax Number: 583-5858 Mobile/Cellular Number: 542-2712
Applicant/Agent:
Address:
Fax Number:
Phone:
State: Zip:
Mobile/Cellular Number:
Site location/address: Extends east of Stone Valley Drive or the west side of English Mill Road.
Existing zoning: C_~ Proposed zoning: R-1 Historic District: Landmark:
Legal Description (Bidwell parcel ID# or lot number/block number/subdivision): The NW ~/a NW ~/a
f 1505100001) in Section 5 T88N R2E in the Citv of Dubuque. Dubuque Countv, Iowa.
Total property (lot) area (square feet or acres): 10.40 Acres
Describe proposal and reason necessary (attach a letter of explanation, if needed):
Residential Subdivision Development
CERTIFICATION: I/we, the undersigned, do hereby certify that:
The information submitted herein is true and correct to the best of my/our knowledge and upon
submittal becomes public record;
Fees are not refundable and payment does not guarantee approval; and
3. All additional required written and graphic materials are attached.
Property Owner(s): ~ ~ C Date: $~- 3 O - p
Applicant/Agent: M^-1 `"~ M/1 ~ Date: ~' ~ A ^ O-7
FOR OFFICE US O Y - ~P I TION SUBMITTAL CHECKLIST
Fee ~'f~•OO Received by: ~ '~ Date: g •~-O'7 Docket:
^Site/sketch plan ^Conceptual Dev lopment Plan ^Photo ^Plat
City:
^Improvement plans ^Design review project description ^Floor plan ^Other:
U
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R-1
AG
C-3c
C-3
THE CITY OF
DUB E
Masterpiece on the Mississippi N
Vicinity Map
Applicant: Larry McDermott/English Ridge LLC
Location: East of Stone Valley Drive on the
west side of English Mill Road
Description: To rezone property from C-3
General Commercial District to R-1 Single-
Family Residential District.
R-3
1
Legend
® Proposed Area to be Rezoned
City Zoning Boundary
Base Map Provided by Dubuque County GIS
H:\Planning ServicesNicinity Maps1ZAC Vicinity Maps\Preliminary Plat of English Ridge Subdivision 09_11_07
REZONING STAFF REPORT
Zoning Agenda: October 3, 2007
Property Address: West Side of English Mill road and East of the Terminus of Stone
Valley Drive
Property Owner: English Ridge LLC
Applicant: Larry McDermott
Proposed Land Use: Residential
Existing Land Use
Adjacent Land Use:
Vacant
North -Agricultural
East -Agricultural
South -Agricultural
West -Agricultural
Former Zoning:
Proposed Zoning: R-1
Existing Zoning: C-3
Adjacent Zoning: North - C-3
East - R-1
South - R-1
West - C-3
1934 -County; 1975 -County; 1985 - CountyTotal Area: 10.4 acres
Property History: The property has been used for agricultural production and was
annexed to the City in 2000 and rezoned to C-3 General Commercial District as part of
a larger rezoning of the parcel annexed to the City.
Physical Characteristics: The subject property is located in an area that is part of the
Preliminary Plat of English Ridge Subdivision and will be provided access by the
proposed future streets within that subdivision.
Concurrence with Comprehensive Plan: This request involves the Comprehensive
Plan's land Use Element: Goals-1.2, 1.5, 6.2, 7.2 and 10.2.
Impact of Request on:
Utilities: Existing utilities are available in the area to be extended to serve the
subject property.
Traffic Patterns/Counts: Currently, English Mill Road carries approximately 510
vehicle trips per day. U.S. Highway 20 carries approximately 18,200 vehicle trips
per day in this area.
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 and storm water control is provided during all
phases of development.
Rezoning Staff Report -English Ridge Subdivision Rezoning
Page 2
Adjacent Properties: Staff does not anticipate any adverse impact to the adjacent
properties as the requested rezoning is a downzoning from C-3 General
Commercial to R-1 Single-Family Residential district.
CIP Investments: None proposed.
Staff Analysis: The applicant is requesting rezoning the subject parcel from C-3
General Commercial District to R-1 Single-Family Residential District. The subject
property was zoned C-3 General Commercial District as part of the annexation of the
land into the City of Dubuque in 2000.
The rezoning from C-3 to R-1 is intended to facilitate the development of English Ridge
Subdivision. The Zoning Advisory Commission will be reviewing the preliminary plat for
the subdivision at the same meeting as the requested rezoning. The subject parcel is
proposed to be subdivided into residential building lots as part of the proposed
subdivision.
The proposed area to be rezoned is within the Iowa 32 (Southwest Arterial) Corridor.
The City Council may approve a request for rezoning if it is determined that the
proposed rezoning will not negatively impact the acquisition of right-of =way along the
preferred alignment of the Iowa 32 (Southwest Arterial) Corridor. The subject property,
as shown on the attached exhibit, does not encroach on the preferred alignment of the
Southwest Arterial. This information has also been submitted to the Iowa Department
of Transportation staff and they have not objected to the proposed rezoning as of the
date of this staff report.
Planning Staff recommends that the Zoning Advisory Commission review Section 6-6.1
of the Zoning Ordinance that establishes criteria for the review of rezoning requests.
Prepared by: ~~~ /• Reviewed: ~~.4 Date: •2-~'d?
F:\USERSUCmunson\WP\Boanis-Commissions\7~1C\Staff RepoRs\Rezoning English Ridge (McDermott) 09_21_07.doc
10/1/2007
Zoning Advisory Commission
Planning Services
City Hall, 50 West 13~` Street
Dubuque, IA 52001
Subject: Public hearing on proposal to rezone property
Drive on the west side of English Mill Road"
Commercial to R-1 Single Family
Dear Commissioners:
D ~ ~ ~ ~ lv
Q CT 2 2007
_ ClIY OF DUBUnuF
"East of Stone Valley
from C-3 General
Since we will be out of town on 10/3/2007, we aze submitting the following questions
and comments regarding the noted proposal. We own property adjacent to the proposed
rezoning as well as property on the other side of English Mill Rd.
Our concerns include the following: increased traffic on English Mill Rd, accessibility to
Highway 20, truck and construction traffic during any construction periods, issues related
to the pipeline located within the land under consideration, recreation azeas, and
questions about the building "green" plan. The traffic issues are applicable whether the
development is residential or a combination of residential and commercial.
1. Traffic on English Mill Rd. English Mill is a narrow, winding, hilly road with
several dangerous corners with limited visibility. There is no shoulder, deep
ditches in some areas, and a very narrow bridge. Even though the speed limit is
set at 35 mph, most current traffic travels at a much higher rate of speed. There
are numerous accidents on this road each year. Most of the land along the road is
farmed heavily, so there is also farm vehiculaz traffic. Adding up to 500 homes
would increase traffic exponentially, and thus the danger to drivers and their
passengers, neighborhood families, and farm workers. Also, the extra traffic
would cause additional traffic backups for travelers fibm English Mill Rd at the
exits onto Highway 20 both at the Lowes/Walmart intersection and at Cedar Cross
Rd.
2. Access to Highway 20. Probably about half of the additional traffic would choose
to access and egress onto Highway 20 via Stone Valley Drive. This section of
Highway 20 is also dangerous, where just a short way to the west, there have been
numerous serious accidents and deaths. And we do not need another traffic
signal!
3. Construction Traffic and Road Damage. During the construction period for this
large number of homes, there would be added traffic and access issues onto both
English Mill Rd and Highway 20, with resultant danger and road damage.
English Mill, particularly, cannot withstand much more heavy traffic without
needing major repair. Who will beaz the costs of this road repair?
4. Pipeline. A petroleum pipeline runs directly through the proposed development.
According to the drawings, only twenty five feet is allowed on either side of the
pipeline which will then be adjacent to house lots. Is this an adequate offset?
Will the buyers be informed of the proximity of this pipeline? Are there any
dangers or other implications related to running city water and sewer lines near
the pipeline?
5. Pazk Space. In a development of this size, there should be ample space allowed
for multiple park areas for children and adults for walking and recreation. There
are no city parks or recreation areas nearby, and certainly none that a family could
get to by walking. Has this been considered?
6. Building "Green". The subdivision developers claim to be building "green".
However, there has been little detail supplied as to what this means. Certainly,
with moderately priced housing, there will not be funds for geo-thermal or solar,
or non-concrete streets. What specifically are the "green" plans?
We appreciate the opportwuty to present concerns and questions.
Sincerely,
~~~~-
John and Carolyn Haupert
11838 English Mill Rd.
Dubuque, LA 52003
Addendum to letter to Zoning Advisory Commission
Concerns on proposal to rezone property along highway 20 corridor:
Recent passage of a moratorium to disallow the development of any businesses along the
highway 20 corridor because of the negative impact businesses would have on the high
speed traffic along this corridor. Think of the traffic a large housing development would
impact onto this corridor. Can we afford to deny development of our business
community, and in the same breath allow expansion of housing. This is a formidable
insult to the integrity of the moratorium established.
Imagine a school bus, loaded with children, entering highway 20 from the proposed
housing development, a large semi coming east down highway 20, and completely
incapable of stopping to avoid this school vehicle. A traffic signal at this area could not
correct this impending disaster, only a caring forward thinking advisory commission
could think of not allowing traffic to directly come onto the highway. Is there planning
for access roadway, a huge safety measure?
There is a petroleum transport line located in the land to be developed. Is the safety of
our citizens being thought of in proposing development of this property. Perhaps an
emergency disaster team could help if, god forbid, there was an inadvertent fuel line
rupture in this development, perhaps like the one recently in Jackson County.
Is there forethought to developing afoot/bike pathway for the citizens to exercise? If not,
it is time for our advisors to be aggressive in demanding all new developments have this
type of amenity. There is no area anywhere near this proposed development for
hiking/biking. Highway 20 has no path way, English Mill Road is a narrow, high speed
road with a high volume of gravel trucks and farm equipment that impose danger to any
citizens daring enough to expose themselves by walking along this road.
Let's look at the civil service capability of the City of Dubuque. Is there adequate money
to expand the police department patrol responsibilities? Is there fire protection in place
for this proposed development? Is there a special knowledge group to place water and
sewer across high volume, high pressure fuel supply pipelines? Has safety been
addressed by the author of the proposed rezoning?
Finally let's, look at color! Green! What does this mean for this proposed development?
Crowded housing with no amenities such as safe walkways, bikeways, picnic areas for
the inhabitants? Is this green for the environment? We think we need to address these
issues quite seriously and extensively prior to granting any changes to current zoning.
The only green we can visualize is the green of profit in the proposed development, with
little forethought to the future greening of our community.
We see RED, danger signs for this expansion. Please use yellow caution rational
thinking before you vote to change the current zoning.
John and Carolyn Haupert
~~~„~.~,