Emerald A PUD Tschiggfrie T-CorPlanning Services Department
50 West 13th Street
Dubuque, Iowa 520ffi~864
(563) 589~10 office
(563) 589~i fax
(563) 690-6678 TDD
p~ofdubuque.org
November 12, 2002
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque IA 52001
RE: Rezoning
Applicant: Ed Tschiggfde/T- Corp
Location: Tanzanite Drive/Sapphire Circle
Description:To amend the PUD Planned Unit Development with a PR Planned
Residential designation to match the legal description of Emerald Acres
No. 2 Final Plat.
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
Staff reviewed the proposed revision to the PUD Ordinance indicating that the only change
is to correct a problem regarding the lot numbers between the conceptual plan and the
final plat of Emerald Acres No. 2.
There were no public comments,
The Zoning Advisory Commission discussed the request, stating that this change to the
PUD Ordinance language will clarify the permitted uses for property within Emerald Acres
No. 2.
Recommendation
By a vote of 6 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
Service People Integrity Respoz~sibflity [rmovat~on Teamwork
FROM : Panasonic FRX SYSTEM PHONE NO. : Sep. 2? 200a ~:56PM P1
PLANNING APPLICATION
Applicant: Ed Tschiggfde/T-Corp
Location: Tanzanite Drive
Sapphire Circle
Description: To amend the PUD
Planned Unit Development with
a PR planned Residential design
nation to match the legal
description of Emeral Acres
No. 2 Final Plat.
MEMORANDUM
October 28, 2002
TO:Zoning Advisory Commission
FROM:Kyle L. Kritz, Associate Planner
SUBJECT: Amendment to the Planned Residential District for Emerald Acres
INTRODUCTION
The applicant is requesting an amendment to the Planned Unit Development District
with a Planned Residential Designation for property legally described as Emerald Acres
No. 2. There is an inconsistency between the lot numbering system shown on the
conceptual plan and the approved final plat for Emerald Acres No. 2. This
inconsistency could cause confusion in the future and the applicant has requested that
the PUD Ordinance be modified to correct the situation.
DISCUSSION
The conceptual plan for Emerald Acres No. 2 was approved by the City of Dubuque on
March 1, 1999. The adopted PUD ordinance established that Lots 1-23 would be
developed for single-family homes and Lots 24 and 25 would be developed for multi-
family residences. When the final plat for Emerald Acres No. 2 (attached) was
submitted, additional property to the east was incorporated, and the lot numbering
system was changed to accommodate the additional property. The tots now number 1
through 29, and places Lots 24 and 25 in the area that was to be developed for single-
family homes.
Attached to this memorandum is a revised PUD ordinance for Emerald Acres No. 2 that
establishes the areas for single-family and multi-family residences by designating the
area for each type of development. There are no other changes to the proposed PUD
requested by the applicant. The number of units allowed is not changing nor is the area
included within the PUD.
RECOMMENDATION
Planning staff recommends that the Zoning Advisory Commission review the criteria for
approving planned unit development districts.
KLK/mkr
FINAL PLAT
Emeald Acres No. 2
Prepared by: Laura Carstens. City Planner Address: City Hall. 50 W. 13th St Telephone: 589-4210
ORDINANCE NO. 96-02
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF
THE CITY OF DUBUQUE CODE OF ORDINANCES BY PROVIDING FOR THE
AMENDMENT OF ORDINANCE NO. 10-99 WHICH ADOPTED REGULATIONS
FOR THE EMERALD ACRES NO. 2 PUD PLANNED UNIT DEVELOPMENT
DISTRICT AND APPROVING AN AMENDED ORDINANCE FOR THE
EMERALD ACRES NO. 2 PLANNED UNIT DEVELOPMENT 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 providing for the amendment of ordinance
10-99, which adopted regulations for the Emerald Acres No. 2 Planned Unit
Development District and approving an amended Ordinance for the Emerald Acres No.
2 Planned unit Development District, a copy of which is attached to and made a part
hereof, to wit:
Lot 2 of Lot 1 of SE 1/4 of the SE 1/4 Sec. 2 T89N, R2E and to the centerline of
the adjoining public right-of-way, all in the City of Dubuque, Iowa.
Section 2. Pursuant to Iowa Code Section 414.5 (2001), and as an express
condition of the reclassification, the undersigned property owners agrees to the
following conditions, all of which the property owners further agrees are reasonable
and imposed to satisfy the public needs that are caused directly by the zoning
reclassification:
A=
Use Re,qulations.
The following regulations shall apply to ail uses made of land in the above-
described PUD District:
1) Principal permitted uses for Zone A shall be limited to:
a) Single-family detached dwellings-[11].
2)
Principal permitted uses for Zone B shall be limited to:
a) Single-family detached dwellings--Ill].
b) Two-family dwelling (duplex)--[11].
c) Multi-family dwelling (maximum six (6) dwelling units)--J9].
d) Townhouses (maximum six (6) dwelling units)--Ill].
Ordinance No.
Emerald Acres No. 2
Page 2
3) Accessory uses shall include any use customarily incidental and
subordinate to the principal use it serves.
[ ] Parking group-see Section 4-2 of the Zoning Ordinance.
Lot and Bulk Re,qulations.
Development of land in the PUD District shall be regulated as follows:
1) Lots for single-family dwellings shall meet bulk regulations set forth in
the Zoning Ordinance for the R-1 Single-Family Residential District.
2)
All multi-family residential structures in the Planned Residential
development shall meet bulk regulations set forth in the Zoning
Ordinance for the R-3 Moderate Density Multi-Family Residential
District.
Performance Standards.
The development and maintenance of uses in this PUD District shall be
established in conformance with Section 3-5.5 of the Zoning Ordinance and
the following standards:
1) Proposed public streets in the Planned Residential development shall
be designed and built to City Engineering specifications.
2) Tanzanite Drive shall be constructed to a width of 37 feet.
3) Erosion control devices shall be provided during all phases of
construction of the Planned Residential development.
4)
Parking requirements for allowed uses shall be as per the parking
group for the designated use, in accordance with Section 4-2 of the
Zoning Ordinance.
5) Sidewalks shall be provided adjoining all public streets.
6) Storm water control facilities will be installed as per City Engineering
requirements.
7)
Final site development plans shall be submitted in accordance with
Section 4-4 of the Zoning Ordinance prior to construction of any
buildings.
Open Space and Recreational Areas
Open space and landscaping in the PUD District shall be regulated as
follows:
Ordinance No.
Emerald Acres No. 2
Page 3
1)
Those areas not designated on the conceptual plan for development
shall be maintained as open space, as defined by Section 8 of the
Zoning Ordinance, by the property owner and/or association.
Sign Regulations.
Signs in the PUD District shall be regulated as follows:
1) Signs shall be allowed in the Planned Residential development in
accordance with the R-1 sign regulations of the Zoning Ordinance.
Additional Standards.
1) That the attached conceptual development plan shall constitute a
preliminary subdivision plat, in accordance with Chapter 42,
Subdivision Regulations, of the City of Dubuque Code of Ordinances.
2)
That the property between the south right-of-way line of Tanzanite
Drive and the south property line of Lot 2 of Lot 1 of SE 1/4 of SE 1/4,
Sec. 2 must comply with the regulations adopted for Alpine Heights
Mobile Home Park Ordinance No. 72-98.
Transfer of Ownership
Transfer of ownership or lease of property in this PUD District shall include
in the transfer or lease agreement a provision that the purchaser or lessee
acknowledges awareness of the conditions authorizing the establishment of
the district.
Reclassification of Subiect Property.
The City of Dubuque, Iowa, may initiate zoning reclassification proceedings
to the AG Agricultural District in accordance with Section 6 of the Zoning
Ordinance if the property owners fail to complete or maintain any of the
conditions of this ordinance.
Modifications.
Any modifications of this Ordinance must be approved by the City Council in
accordance with zoning reclassification proceedings of Section 6 of the
Zoning Ordinance.
Recording.
A copy of this ordinance shall be recorded at the expense of the property
owners with the Dubuque County Recorder as a permanent record of the
conditions accepted as part of this reclassification approval within ten (10)
days after the adoption of this ordinance. This ordinance shall be binding
upon the undersigned and his/her heirs, successors and assigns.
Ordinance No.
Emerald Acres No. 2
Page 4
- 02
Section 3. The foregoing amendment has heretofore been reviewed by the
Zoning Commission of the City of Dubuque, Iowa.
Section 4. The foregoing amendment shall take effect upon publication, as
provided by law, and at such time that the herein described property is legally annexed
into the City of Dubuque, Iowa.
Passed, approved and adopted this 18th
Terrance M. Duggan, Mayor
ATTEST:
day of November 2002.
Jeanne F. Schneider, City Clerk
ACCEPTANCE OF ORDINANCE NO. 96-02
I, Edward D. Tschiggfrie, representing T-Corp., having read the terms
and conditions of the foregoing Ordinance No. 96-02 and being familiar with
the conditions thereof, hereby accept the same and agree to the conditions required
therein.
Dated this 18 day of November, 2002.
/s/ Edward D. Tschiggfrie
Amended Conceptual Plan
Emerald Acres
No. 2