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Tschiggfrie Access Tower InvestT-Corp A Development Company 11 September 2002 Mayor Duggan & City Council City Hall Dubuque IA 52001 Mayor Duggan & City Council: I, Edward Tschiggfrie, President of T-Corp, would like to address the Council of an access situation on the 93-acres of PUD zone property in which we own un Rockdale Road, known as the Tower Investment Subdivision. Last year, Lloyd Gudenkauf approached the Zoning Commission and City Council changing his preliminary and final plat of the Jaeger Heights Subdivision #2 eliminating the second access to this property. (see copies attached) Mr Gudenkaufgot final approval over the recommendation against it from the Zoning Staff and without our knowledge of this taking place. Our only other option for the second access to this property is off the end of Tower Drive would be through the existing Tower Hills Mobile Home Park, which is about 500 feet of private street, but would be adequate for this purpose. We have spoken to the Owner of this property on several occasions but have refused to grant this request. We would like to request the Mayor and City Council to assist us in having this become a City street, because our area already approved for approximately 600 units of family housing and 5 acres of commercial property. President phone (319] 557-7450 ::=~sl fax (319] 557-7585 Edward Tschiggfrie President IA52004-3280 11 September 2002 Mayor Duggan & City Council City Hall Dubuque IA 52001 Mayor Duggan & City Ccmncil: I, Edward Tsehiggfi'ie, President of T-Corp, would like to address the Council of an access situation on the 93-a~es of PUD zone property in which we own on Rockdale Road, known as the Tovnx Inves~mont Subdivision. Last year, Lloyd Gudenkauf approaebed the Zoning Commission and City Counell changing his preliminary aad final plat of the Jaeger Heights Subdivision #2 eliminating the second access to this prop~ty. (see copies attached) Mr Gudenkaufgot final approval over the reeranmendation against it from the Zoning Staffand without our knowledge of this taking place. Our oaly other option for the second access to this property ~s offthe end of Tower Drive wo~ld be flarough the existing Tower Hills Mobile Home Park, which is about 500 feet of private street, but would be adequate for this purpose. We have spoken to the Owner of this property on several occasions but have refused to grant this request. We would like to request the Mayor and City Council to assist us in having this become a City street, because our area already approved for approximately 600 units of family housing and 5 acres of c~amereial property. Yours truly, President phone [319] 557-7450 3;E~ fax[319] 557-7585 ooc GRAPH1C SCAL~ 0 100 200 t FINAL PLAT JAEGER HEIGHTS SUBDIVISION NO. 2 LOT A (EMILY DRIVE), LOT B(BIANCA DRIVE) AND LOT C(KA'rHY DRIV~) LOTS 5 AND 4 OF BLOCK 5 LOTS 4- THRU 10 OF' BLOCK 6 AND LOT O OF BLOC~ 6 LOTS I THRU 15 OF .BLOC~ 7 IN THE CITY-OF DUBUQUE, IOWA CCOMPRISED OF LOT 2-1--1--ML 49z~ .~-' ML 495--NW-SEC~ 1, T89N, R2r' OF THE 5TH PM) LOT 1-pT-ML 500 LOT 2- ML 496 10 11 119.60' LOT 1-1-2 TOWER tNV~5'TMEN~S NO. 1 [ LOT 2-1-2 TOWER INVESTMENTS SUB. NO. 1 u'nu~ E.,,s~'r ~'~E~ (U~') .J TOWER HILLS COMMUNITY TOWER INVESTMENTS, INC, 224 UNIT MOBILE HOME PARK 248 UNIT TOWNHOUSE DEVELOPMENT 90 CONDOMINIUM UNiT DEVELOPMENT 96 UNIT APARTMENT DEVELOPMENT 5 ACRE COMMUNITY SHOPPING AREA ZONING ADVISORY COMISSION Meeting Minuteses July 5, 2001 6:30 p.m. A~dito~ium, Carnegie Stout Library 360 W. 1 t~ Street, Dubuque, Iowa Chai.,person Eugene Bird, Jr., Commissionem Rcm Smith, Stephen Hardie, Martha Christ, Jeff S~iles and D'~ck $chii~. Commissio~e~ Bob CERTIFICATE OF COMPLIANCE: Staff presented an Affida~,~ of Compliance ver~,ing that the meeting was bering held in compliance with ~h~ Iowa Open Meetings Law. C.ALL TO ORDER; The rr~eting was called to order at 6:30 p.m. MINUTES: The .minb-te~ of June 6= 2001 were appro~-~d unanimousiy a~ submlffed. ELECTION OF OFFICEP.~: Motion by Schlitz, seconded by Hardie, to non, nato Eugene Bird, Jr. as Commission Chair, Richa~ Schittz as ',~ce Chair and Marths Christ as Secrel~r:/. The nominetior~s w,are approved unanimously. ACTION ITIEM,.W~RELIMINAR'Y PLATIGUDENKAUF: Application of Lloyd Gudenka~-f ~',~ approve the pre~.-~,'~a~j plat of Jaeger Heights Sub-3ivision ,No. Z bcated west Of Jaeger Ddve, Lloyd Gudenkauf, 108'~6 Cascade Drive, asked file Commission to approve his preliminaG' plat as subm_.i~J. Commissioner Schi{lz asked if Mi'. Gudenkauf's bro,ffmr had o,~inaliy developed thb property. Mr, Gudenk-auf said yes. Commissioner $chi_~ asked if a--~.~ss to the Matone's proped.7 would be maintained. Mr. Gudenkauf said that the a~ issues wi[h the Malone'$ have been resoived and that an access to the property w~ll be maintsir',ed. The Comn'~s,sior~ers di~ the request to devetop Lot 6 ~ no frontage, ~J'~lizing an access easement The Commissioners discussed p ,r0blems that may be generat~:l by ~eating tots ¥#~h no frontage. The Commissioners also discussed Increasing the v,4dth OtFthe 12-foot access easement between Lots 7 & 8 across Lot 6 to the detention basin en Lot 4. The Commbstoners felt that a 20~foo{ access easement would be mom app,"opriate. The Corrrnissioners disCuSSed ~e ellmlnetlon of the fom~er Rita D~lve access to the t)alance ol'~ pre-pert3, to t~e south. Mr. Gudenkauf stated that fl3e property to the · south would most likely be developed as a self-contalned ~a-ailer pa~ with no access to his subdbision. He a/so said there is a grade change between the properties that Meeting Minutes - Zoning Advisory Commission July 5, 2001 Page 2 made access diffiCt~t~ ,'The Comrn[ssioners fett ~ based on ~e reasons Mr. Gudenkaut out)ined, +Jlere is r~o ~ ~ m.~inlain ~s ~o~nef R~ Drive acct..ss. Motion by Hardie, seconded by Stiles, b3 approve the .subdivision plat waiving the Sect~n 4 Lot Fronl~ge requirements for Lots 3, 4, 5, 6 and 7 of Block 6, and designating Lot 6 of Bfock 6 as a non-buildable lot, and mcorjnizing that the R;-I~ Drive eccess has been elin'Jnated. MoiY~q w~s approved by the folb~ng vote: Aye - Smib~, Hardie, Christ, Stiles, SchiP~ and Bird; Nay - None. rrrE~S FROM COE~MISSION~: Commissioners quesfic~necl the absence of )Bob Nagle frown the meeting. The Commissioners stated that if Mr. Nagle has moved, ~at a formal tettsr of reslgnaUon should be submitted to en~bie a new commissioner to be appointed. Moi~on by Han~)e, seconded by ScflhY~. to c~.rry out by-law stipule'dons regarding absence a commission member. Motion was approved by the ~llow).r~ vote: Aye - Smith, Hardie, Christ~ Sales Schlitz ~nd Bird; Nay - None. ADJOURNMENT; The meeting adjourned at 7;00 p.m. Respectfully submitted, Guy He{menw-ay, Asstslant Planner SUBDIVISION STAFF REPORT Zoning Agenda: July 5, 2001 Project Name: Property Owner. Applicant: Preliminary Plat of Jaeger Heights Subdivision No. 2 Lloyd S. Gudenkauf Lloyd S. Gudenkauf Number of Lots: 26 Acreage in R.O.W. 1.3 acres Total Area: 8.8 acres In City: Yes In 2-Mile Area: N/A Flood Plain: No Density Allowed: 1 lot/6,000 sq. ft. Commonly owned lots: None Sanitary Sewer: Yes Water: Yes Storm Sewer:. Yes E~isting Street Access: Yes Proposed Land Use: Residential Existing Land Use: Vacant Adjacent Land Use: Residential Proposed Zoning: R-l/R-2 Existing Zoning: R-l/R-2 Adjacent Zoning: R-1tPR Physical Characteristics: The subject parcel is relatively fiat and extends north and east of the existing Jaeger Drive. To the north and northwest of the subject property, the property slopes down to a branch of the Catfish Creek. Proposed Phasing: None. Previous Conditions of Zoning or Plats: None. Dedication of Open Space or Public Amenities: None. Proposed Streets and Grades: Kathy Drive - 3-.8%; Barbara Drive - 2.5 - .6%; Larry Drive - 1 - 3.6%; Jaeger Drive - .6 - 1.3%; Bianca Ddve - 2.5 - .6%. Recommended Motion: Motion to approve the preliminary plat of Jaeger Heights Subdivision No. 2 as it in is substantial compliance with City of Dubuque Subdivision Standards, subject to waiving of the lot frontage requirement for Lots 3, 4, 5, 6 and 7 of Block 6. Conformance with Comprehensive Plan: 1965 Gruen Plan- Single-Family Residential; 1990 DMATS Plan -future residential; 1995 Comprehensive Plan did not designate this area. SUBDIVISION STAFF REPORT Page 2 Impact of Request on: Utilities: Existing utilities are adequate to serve the proposed subdivision. Traffic Pattems: All of the streets in the,subdivision are classified as local residential streets. There are no traffic counts available for these streets. Public Services: Existing public services are adequate to serve this area. Environment: No adverse impact to the environment is anticipated provided adequate erosion control measures are taken during the development of the subdivision. Adjacent Properties: The adjacent property is ~'ither developed for single-family or multi-family residential as is the proposed subdivision. Staff does not anticipate any adverse impacts to adjacent property_from the de_velopment of Jaeger Heights Subdivision. Recommended Conditions on Plat: None. Staff Analysis: The applicant, Lloyd Gudenkauf, has submitted a revised preliminary plat for Jaeger Heights Subdivision No. 2. A preliminary plat was originally approved in September 1993. Attached to this staff report is a reduced version of the preliminary plat approved in 1993 labeled Exhibit A. In general, the revised preliminary plat creates larger building lots than shown on the preliminary plat approved in 1993. The larger lot size reduces the total number of lots platted from 48 to 42 lots. The principal changes between the submitted revised preliminary plat and the plat approved in 1993 is that the property at the end of what was then called Barbara Drive but is now named Bianca Drive has been platted into four building lots and one lot for storm water detention. The previous plat labeled this area as Block 9, non- developable. Mr. Gudenkauf believes that it is possible to construct single-family homes in this area and has subdivided this area into four building lots. This portion of the subdivision is zoned R-1 and the three lots fronting on the Bianca Drive cul-de-sac are substandard in lot frontage. The R-1 District requires 60 foot of lot frontage where the three lots on Bianca Drive cul-de-sac have approximately 50 feet of frontage. Planning steff does not believe this will cause any problem in developing these lots, as all three lots are large enough to easily accommodate a single-family home. The fourth building lot in this area, Lot 6, has no frontage at all, but only a 12' access easement from Kathy Drive. The fire marshal has reviewed the proposed access -easement and is satisfied there would be adequate access for emergency vehicles. ~ , "~-SUBDIVISION STAFF REPORT Page 3 The City of Dubuque has not typically approved new building lots without frontage on a public street; however, Mr. Gudenkauf felt that while this lot will be rugged and have quite a bit of slope, it may still present a suitable building lot. If the Zoning Advisory Commission does not feel it is appropriate to create a new building lot that does not have frontage on a public or private street, Mr. Gudenkauf has indicated he would label it as a non-buildable lot. , :_ Lot 4 served as a detention basin and has no frontage. The City Engineering Division has indicated a need to provide an access easement to allow the City of Dubuque to maintain the detention basin as shown on Lot 4. Whatever the disposition of Lot 6, an access easement will be required by the City. The last major change from the previously approved preliminary plat is the elimination of Rita Drive that provided access to the adjacent property to the south. The property to the south is owned by Mr. Ed Tschiggfrie.~ This stub s~eet was required to provide a potential secondary access to Jaeger Heights and also to the adjacent property to the south4 The adjacent property, owned by Mr. Tschiggfrie, could be developed as an extension of the existing mobile home park owned by'Tower Investments, or could be developed for single or multi-family residential homes. Notification of surrounding property owners is not required as part of platting approval, thus, Mr. Tschiggfrie has not received any official correspondence from the City concerning the submitted revised preliminary plat. However, in previous discussions with Mr. Tschiggfrie, he indicated to Planning staff that he does not have immediate plans for development of the property. Planning staff does not believe it is appropriate to eliminate the stub street at this time until the use of the adjacent property is known. In addition, the stub street also serves as a potential second access for the Jaeger Heights Subdivision. Planning staff recommends that the Zoning Advisory Commission's motion include the waiving of the 60-foot lot frontage requirement for Lot 3, 4, 5, and 7 of Block 6. The motion should also include the Commission's decision on whether to allow the platting of Lot 6 with no lot frontage. Finally, the Commission should decide whether the stub street to the south (formerly Rita Drive) should be reinserted in this preliminary plat. Prepared by: V__.,{,~:~-~,T~___ Reviewed: ~'~;~.~L~ Date: