Request to Rezone on University Avenue by Tom KluckPlanning 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~3cityof dubuque.org
THE crnr of Dubuque
DuB E
Masterpiece on the Mississippi ' ~ (~ ~.r
2007
June 5, 2009
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13t" Street
Dubuque IA 52001
Applicant: Tom Kluck
Location: North of University Avenue between Ethel & Prysi Streets
Description: To rezone property from OR Office Residential to PUD Planned Unit
Development with a PR Planned Residential District designation.
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 Zoning Advisory Commission held an initial public hearing on the request on May 6,
2009. The Commission tabled the request to June 3, 2009 due to their concerns with
the plan's lack of details.
The applicant's agent, Mike Ruden of IIW Engineering, spoke in favor of the request
noting that the intent is to construct two 24-unit apartment buildings with 28 parking
spaces within the lower level for each building. He reviewed the site layout, the relative
heights between existing residences, and the proposed landscaping for the site. He
said that there will be a small exercise building located on the north portion of the
property. He told the Commission that it is the intent of the property owner to shift
Building #1 approximately 20 feet to the south in an effort to preserve a number of
mature trees at the north end of the property. He said this will increase the distance
between Building #1 and the adjacent residence to approximately 100 feet. He noted
that the project will be phased with Building #1 and associated parking constituting
Phase I and Phase II will include Building #2, an exercise building and associated
parking. He said that the intent of the property owner is to clean out some scrub trees
on the north portion of the property. He said that the parking ratio will be 1.8 spaces per
unit which he said is in excess of that required by the Zoning Ordinance for multi-family
residential zoned property.
Staff Member Hemenway reviewed that staff report noting the building setbacks, the
detailed landscape plan, the amount of green space and proposed storm water control
measures. He said that the Fire, Water and Engineering Departments have reviewed
Service People Integrity Responsibility Innovation Teamwork
The Honorable Mayor and City Council Members
Page 2
the conceptual plan and are satisfied with access. He noted that a letter had been
submitted by Richard Walton, 2758 University Avenue, expressing concerns with the
potential for the increase in traffic.
There were no public comments.
The Zoning Advisory Commission discussed the request. The Commission discussed
they were in favor of the project because all of the needed information was presented in
a detailed manner, this site design fits the topography of the neighborhood, and the
project it is well thought out and detailed.
Recommendation
By a vote of 7 to 0 the Zoning Advisory Commission recommends that the City Council
approve the request, as submitted.
A simple majority vote is needed for the City Council to approve the request.
Respectfully submitted,
~~~~
Jeff Stiles, Chairperson
Zoning Advisory Commission
Enclosures
cc Gus Psihoyos, City Engineer
F:\USERS\Kmunson\WP\City Council\2009\CC 05_18_09\Kluck Rezoning cc Itr 05_01_09.doc
Service People Integrity Responsibility Innovation Teamwork
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'I'IIE CITY OF
DUB E
Mastcr~iece ors the Mississiy~i
^Variance
^Conditional Use Permit
^Appeal
^Special Exception
^Limited Setback Waiver
^Rezoning
Dubuque
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PLANNING APPLICATION~RM
Planned District
^Preliminary Plat
^Minor Final Plat
^Text Amendment
^Simple Site Plan
^Minor Site Plan
Please tvoe or print legibly in ink
^Major Site Plan
^Major Final Plat
^Simple Subdivision
^Annexation
^Temporary Use Permit
City of Dubuque
Planning Services Department
Dubuque, IA 52001-4864
Phone:563-589-4210
Fax: 563-589-4221
^Certificate of Economic Non-Viability
^Certificate of Appropriateness
^Historic Designation
^Neighborhood Association ~_
^Other:
Property owner(s): ~(Z~ k ~ VC~ -Phone: ~3~~13~~37'
Q~,~(,/s~~~/1 City: ~+G State: ~ Zip:~~ j
Address:
Fax Number: 5ib~'~ ~~O'ou-e,~lar Number: E-mail Address:
Applicant/Agent: ~,A1'{~ VIYrYYd'1 Phone: ~~-~~~ ~~~
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Address: G~ID7~~,/L-~~Q ~.JH~ ~pi City: ~O.i:I~ .~_ Zip: vG.i•G,J j
Fax Number: ~~ ''I~~V~ ~~ Cellular Number: _E-mail Address: ~C"l/~~~ ~~~
Site location/address: V /1 ~ V~1~ ~`"L~~ ~ ~ / ~ Z
Existing zoning: ~_Proposed zoning: ~~_Historic District: ~_Landmark: /
Legal Description (Sidwell parcel ID# or lot number/block number/subdivision): ~n Z7 ~~ ~~ ~ ` ~ a7aT7oav
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Total property (lot) area (square feet or acres):
Describe proposal and reason necessary (attach a letter df explanation, if needed):.
CERTIFICATION: I/we, the undersigned, do hereby certify that:
1. It is the property owner's responsibility to locate property lines and to check your abstract for easements and restrictive
covenants.
2. The information submitted herein is true and correct to the best of my/our knowledge and upon submittal becomes public
record;
3. Fees are not refundable and payment does not guarantee approval; and
4. All additional required written and graphic materials are attached.
Property Owners ~ •~- Date: ~~~~
Applicant/Agent: ~ Date: 3
FOR OFFICE USE ONLY -APPLICATION SUBMITTAL CHECKLIST
Fee: ~J'~j~• ~ Received by: ~11~~~~~- Date: ~ w 0 l Docket:
Site/sketch plani! Conceptual Development Plan :=!Photo Plat
--~ Improvement plans !Design review project description ;Floor plan ~ Other:
Dubuque
THE CITY OF ; ~
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Applicant: Matthew Lundh /Tom Kluck
Location: North of University Avenue between
Ethel & Prysi Streets
Description: To rezone property from OR Office
Residential to PUD Planned Unit Development
with a PR Planned Residential District designation.
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PLANNED DISTRICT STAFF REPORT
Zoning Agenda: June 3, 2009
Project Name: University Avenue Multi-Family Housing Project
Property Address: North of University Avenue between Ethel & Prysi Streets
Property Owner: Tom Kluck
Applicant: Tom Kluck
Proposed Land Use
Existing Land Use:
Adjacent Land Use:
Adjacent Zoning:
Flood Plain:
Water:
Multi-Family Residential
Proposed Zoning: PUD/PR
Existing Zoning: OR
Vacant
Residential/ Office/Commercial/Agricultural
AG/C-1 /C-3/R-1 /R-2
No
Available
Total Area: 2.3 acres
Existing Street Access: Yes
Storm Sewer: No Sanitary Sewer: Yes
Purpose: To develop two 24-unit apartment buildings and associated parking.
Property History: Originally, the property was platted as part of the Bonson Farm
Subdivision in 1880. The property has remained vacant or under agricultural
production.
Physical Characteristics: The property is a 2.3 acre lot with approximately 290 feet of
frontage on University Avenue along the eastern property line and approximately 80
feet of frontage along the southern terminus of Beverly Street at the northwestern
corner of the lot. The high point of the property is located along University Avenue and
it slopes to the west to the Avenarius Farm. There is an intermittent stream
approximately 100 feet west of the western property line. The property has a large
number of trees along its southern boundary and at the northeast corner of the
property.
Conformance with Comprehensive Plan: The Comprehensive Plan encourages
mixed use development to create diverse and self-sufficient neighborhoods. It also
recommends redevelopment of in-fill lots to revitalize unused or underused properties.
The Comprehensive Plan also recommends buffering and protecting incompatible uses
from each other.
PLANNED DISTRICT STAFF REPORT
Project
Page 2
-University Avenue Multi-Family Housing
Recommendation: Staff recommends that the Commission review the plan approval
standards established in Section 3-3.5(F) of the Zoning Ordinance.
Staff Analysis:
Streets: The property will be accessed from University Avenue which is a minor
arterial with 38 feet of paving and a 64-foot wide right-of-way. Although the
property has approximately 80 feet of frontage along the terminus of Beverly
Street, there will be no access taken from this frontage.
Sidewalks: Currently, sidewalks are located north, south and across University
Avenue from the subject property. Redevelopment of this site will require that a
sidewalk connect from the residence at 2775 University Avenue to the Mid-
Continent Bottlers property, creating one continuous sidewalk.
Parking: The developer is proposing to provide 88 paved off-street parking spaces,
56 spaces will be located in basement garages beneath the apartment buildings
and 32 spaces will be located on a surface lot.
Lighting: New outdoor lighting will be required to utilize 72 degree cut-off
luminaries to mitigate adverse impacts to adjacent properties.
Signage: Signage will be permitted as per Section 4-1.1 for multi-family residential
development.
Bulk Regulations: Bulk regulations will be in substantial compliance with the
submitted conceptual plan that indicates a 20 foot setback from University Avenue
for Building #1 and a minimum 20 foot setback from all buildings to the adjacent
side and rear property lines. The building height will not exceed 40 feet.
Permeable Area (%) & Location (Open Space): The proposed project will cover
less than 70% of the 2.3 acre site, leaving in excess of 30% green space. This
area will be planted in grass and landscaped along the north and south property
lines.
Landscaping/Screening: The applicant has submitted a landscaping plan
indicating a continuous line of white pines along the south property line and a
combination of oak trees, Norway spruce trees, maple trees, mulberry trees and
buckhorn along the north property line screening the residential structures located
on University Avenue and Beverly Street. There are several other species of trees
and shrubbery scattered about the site. Some of the trees and shrubbery are
existing on the site and will be retained if possible.
PLANNED DISTRICT STAFF REPORT -University Avenue Multi-Family Housing
Project
Page 3
Phasing of development: Building #1 and associated parking will be build in Phase
I and Building #2, the clubhouse and associated parking will be built in Phase II .
Impact of Request on:
Utilities: Existing utilities are sufficient to serve the development.
Traffic Patterns/Counts: University Avenue is designated as a minor arterial. The
Iowa Department of Transportation average daily traffic counts indicate 7,500
vehicle trips per day on University Avenue, just north of the subject property, and
9,900 vehicle trips per day on University Avenue, just south of the subject
property. The traffic counts were taken prior to the extension of University
Avenue to Dodge Street. This reconfiguration may have slightly increased the
amount of traffic along University Avenue at this location.
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 is provided during all phases of the
development. Storm water will be detained on site as per City Engineering
standards for storm water management.
Adjacent Properties: The proposed residential development will serve as a
transition and buffer between existing single-family residential development along
Beverly Street and University Avenue and the commercial activity at the Mid-
Continent Bottlers' property. Access to the property will be taken from the
southern portion of the lot approximately 300 feet away from the nearest
residential driveway. Although the proposed development will represent a
significant physical change to the currently vacant site, the setbacks and
landscaping will serve to mitigate the impacts of the large-scale buildings. The
apartment buildings will also buffer the view from adjacent residential properties to
the commercial activity to the south.
Staff Analysis: The applicant is proposing to develop two 24-unit three-story
apartment buildings on an approximately 2.3 acre lot in a mixed-used neighborhood
located along University Avenue between Ethel and Pry'si Streets. The property
currently is vacant, and is bordered on the north by single-family homes, by University
Avenue to the east by the Avenarius Farm to the west and by Mid-Continent Bottlers'
Facility to the south.
PLANNED DISTRICT STAFF REPORT
Project
Page 4
- University Avenue Multi-Family Housing
The subject property has approximately 290 feet of frontage along University Avenue
and 80 feet of frontage along Beverly Street. Access to this site will be taken from a 24-
footdrive aisle from University Avenue at the property's southeastern corner. There will
be no access to the property from the 80 feet of frontage along Beverly Street.
Ultimately, the City would like to utilize a small portion of the property to create a
hammerhead cul-de-sac so that vehicles can turn around at the terminus of Beverly
Street without having to back up or use private driveways.
The applicant is proposing to provide a total of 88 paved off-street parking spaces for
the entire site. Fifty-six of these spaces will be located inside of the buildings in
underground garages and 32 of the spaces will be located three surface lots. There will
be 1.8 off-street parking spaces per unit, which is in excess of that required for multi-
family structures in R-3 and R-4 zoning districts. The applicant is also proposing to
create a small 1,350 square foot clubhouse/office on the property's northern boundary.
The clubhouse/office building will be set back a minimum of 20 feet from the adjacent
residential property along Beverly Street.
Building #1 will be located 20 feet from the front property line along University Avenue,
and will be set back farther than the adjacent residences to the north along University
Avenue. Building #2 will be a minimum of 20 feet from the rear property line adjacent to
the Avenarius Farm.
The applicant will be detaining storm water on the site either in a detention area on the
west side of the property or within the parking lot as per City storm water management
requirements. The property has in excess of 30% of its area in green space and a
landscaping buffer will be placed along the north property line between single-family
residences along Beverly Street and University Avenue and along the south property
between the subject property and the Mid-Continent facility.
The ITE trip manual indicates an average of 6.47 vehicle trips per day for multi-family
dwellings. This means that a 48-unit complex will generate approximately 310 vehicle
trips per day. Traffic counts for University Avenue in front of the subject property
indicate an average of 8,700 vehicle trips per day; therefore, the additional 310 trips
generated by the residential units represent a 3.4% increase of traffic volume along
University Avenue at this location. Traffic entering or exiting the site would come from
University Avenue and exit either north to the intersections of University Avenue and
Pennsylvania Avenue/Asbury Road or to the south to the intersection of University
Avenue and Kennedy/Dodge Street.
The Fire Department has reviewed the proposed project and has no objections to the
building's location or access to the site for emergency response purposes. The building
will have a sprinkler system and there will be a fire hydrant placed on site.
The proposed building can be adequately served with City water and sanitary sewer.
The City Water Department is recommending that a looped water system be created
PLANNED DISTRICT STAFF REPORT -University Avenue Multi-Family Housing
Project
Page 5
through this property which will connect Beverly Street's 6 inch water main to the
University Avenue 8 inch water main.
Although these buildings will be 3 stories in height, they will be set back from the
adjacent residential structures a minimum of 60 feet and will be buffered by existing
topography and the addition of landscaping. Building #1 will be set back approximately
80 feet from the adjacent residence on University Avenue and the peak of the roof will
be approximately 10 feet higher than this residence. Also, the apartment buildings will
serve as a transition between commercial activities and the adjacent single-family
residential development. The buildings and landscaping will buffer the views to the
commercial activity from the adjacent residential neighborhood.
Planning staff recommend that the Zoning Advisory Commission review Section 3-5.5(f)
that establishes the criteria for review of Planned Unit Development requests.
Prepared by: ~ - Reviewed: Date: ~.5-~~-0~
F:\USERS1Kmunson\WP\Boards-CommissionsVAC\Staff Reports\ZAC Staff Reports 2009\Kluck PUD Rezoning 04_23_09.doc
Prepared by: Laura Carstens, City Planner Address: 50 W. 13th St., City Hall Telephone: 589-4210
Return to: Jeanne Schneider, City Clerk, Address: City Hall- 50 W. 13 Street Telephone: 589-4121
ORDINANCE NO. 27-09
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE
CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED NORTH OF THE UNIVERSITY AVENUE AND
ETHEL STREET INTERSECTION FROM OR OFFICE RESIDENTIAL DISTRICT TO
PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PR PLANNED
RESIDENTIAL DISTRICT DESIGNATION, AND ADOPTING A CONCEPTUAL
DEVELOPMENT PLAN.
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 OR
Office Residential District to PUD Planned Unit Development District with a PR Planned
Residential District designation, and adopting a conceptual development plan, a copy of
which is attached to and made a part hereof, is hereby adopted and approved for the
following described property, to wit:
Lot 28 and Lot 29 Lenox Addition and Lot 1 of 1 of 2 Bonson Farm, and to the
centerline of the adjoining public right-of--way, all in the City of Dubuque, Iowa.
A. Use Regulations.
The following regulations shall apply to all uses made of land in the above-
described PR Planned Residential District:
1. Principal permitted uses shall be limited to 48 housing dwelling units.
2. No secondary or contingency uses shall be permitted.
3. Accessory uses shall include any use customarily incidental and
subordinate to the principal use it serves.
Kluck Condominiums -University Avenue
Page 2
B. Lot and Bulk Regulations.
Development of land in the PR Planned Residential District shall be
regulated as follows:
Proposed buildings shall be located in substantial conformance with
the approved conceptual development plan.
2. Building #1 must be set back a minimum of 80 feet from the east side
property line and 30 feet from the west side property line.
3. Maximum building height of 50 feet shall be allowed as measured
from the first floor elevation to mid point of the peak of the roof.
C. Performance Standards.
The development and maintenance of uses in this PR Planned Residential
District shall be regulated as follows:
1. Parking Regulations
a. Off-street parking shall be provided based on the approved
conceptual plan with 32 spaces provided on surface lots and 56
spaces in underground parking.
b. All vehicle-related features shall be surfaced with either asphalt
or concrete.
c. Curbing and proper surface drainage of storm water shall be
provided.
d. All parking and loading spaces shall be delineated on the
surfacing material by painted stripes or other permanent means.
e. The number, size and design of parking spaces shall be
governed by applicable provisions of City of Dubuque
Ordinances enforced at the time of development of the lot.
f. The number, size, design, and location of parking spaces
designated for persons with disabilities shall be according to tiie
local, state, or federal requirements in effect at the time, of
development.
2. Site Lighting
a. Exterior illumination of site features shall be limited to the
illumination of the following:
i. Parking areas, driveways and loading facilities.
ii. Pedestrian walkway surfaces and entrances to building.
Kluck Condominiums -University Avenue Page 3
iii. Building exterior.
b. Location and Design
i. No light source shall provide illumination onto adjacent
lots, buildings or streets in excess of 1.0 foot candle.
ii. All exterior lighting luminaries shall be designed and
installed to shield light from the luminaries at angles
above 72-degrees from vertical.
iii. Fixtures mounted on a building shall not be positioned
higher than the roofline of the building.
iv. All electrical service lines to posts and fixtures shall be
underground and concealed inside the posts.
3. Landscaping
a. Plant Materials. The open space of each lot shall be planted
with permanent lawn and ground covers, shrubs and trees. It is
the intent of these regulations that the development of required
open spaces shall reflect a high quality of environmental design.
The following provisions shall apply.
i. Landscape plans are required as part of submittals for site
plan review. Landscape plans are to include type,
number and size of proposed plantings. Landscaping
shall be designed in compliance with Section 4-4 of the
Zoning Ordinance.
ii. Within one (1) year following completion of construction,
or by the date that a building is issued an occupancy
certificate by the Building Services Department of the City
of Dubuque, whichever first occurs, required landscaping
shall be installed.
4. Storm Water Conveyance
The developer shall be responsible for providing surface or
subsurface conveyance(s) of storm water from the lot to existing
storm sewers or to flow line of open drainageways outside the lot in a
means that is satisfactory to the City of Dubuque. Other applicable
regulations enforced by the City of Dubuque relative to storm water
management and drainage shall apply to the subject property.
5. Exterior Trash Collection Areas
a. The storage of trash and debris shall be limited to that produced
by the principal permitted use and accessory uses of the lot.
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b. All exterior trash collection areas and the materials contained
therein shall be visually screened from view. The screening
shall be completely opaque fence, wall or other feature not
exceeding a height of 10 feet measured from the ground level
outside the line of the screen. Screens built on sloping grades
shall be stepped so that their top line shall be horizontal.
Exposed materials used to construct the opaque screen shall
be similar in appearance to materials used for exterior building
walls. All exterior entrances to a screened trash area shall be
provided with a gate or door of similar design to that of the
screen.
If a 10-foot high screen fails to shield the exterior trash collection
area from view from points inside or outside of the property,
evergreen plantings may be required in addition to the
screening. Evergreen plant materials shall be selected and
designed so that they will screen the area from all off-site
visibility within five (5) years.
6. Final site development plans shall be submitted in accordance with
Section 4-4 of the Zoning Ordinance prior to construction of any
buildings.
D. Open Space and Recreation Areas
Open space and landscaping in the PR Planned Residential District shall
be regulated as follows. Those areas not designated on the conceptual
development plan shall be maintained as open space, as defined by
Section 8 of the Zoning Ordinance of the City of Dubuque, Iowa, by the
property owner and/or association.
E. Sign Regulations
1. Signs in the Planned Residential District shall be regulated in
accordance with the R-4 Multi-Family Residential Zoning District sign
regulations of the Zoning Ordinance.
2. Variance requests from sign requirements for size, number and
height shall be reviewed by the Zoning Board of Adjustment in
accordance with Section 5-3 of the Zoning Ordinance.
F. Other Codes and Regulations
Service Lines. All electric, telephone, cable, or other similar utility
lines serving the building and other site features shall be located
underground.
2. The use of semi-trailers and shipping containers for storage is
prohibited.
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3. These regulations do not relieve the owner from other applicable city,
county, state or federal codes, regulations, laws and other controls
relative to the planning, construction, operation and management of
property within the city of Dubuque.
G. Transfer of Ownership
Transfer of ownership or lease of property in this PR Planned Residential
District shall include the transferor lease agreement a provision that the
purchaser or lessee acknowledges awareness of the conditions authorizing
the establishment of the district.
H. Occupancy Permits
No occupancy permit shall be issued by the City of Dubuque for property
included in the subject planned unit development district until full
compliance with this ordinance has been achieved.
Recording
A copy of this Ordinance shall be recorded at the expense of the property
owner(s) with the Dubuque county recorder as a permanent record of the
conditions accepted as part of this reclassification approval. This
ordinance shall be binding upon the undersigned and his/her heirs,
successors and assigns.
Section 2. The foregoing amendment has heretofore been reviewed by the
Zoning Advisory Commission of the City of Dubuque, Iowa.
Section 3. The foregoing amendment shall take effect upon publication, as
provided by law.
Passed, approved and adopted this 15th day of June, 2009.
Attest:
Jeanne F. Schneider, City Clerk
Joyce E. Connors, Mayor Pro-Tem
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