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Request to Rezone on Key Way Drive_Steve Boge, Clark and Linda WolffPrepared 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 Sty reef Telephone: 589-4121 ORDINANCE NO. 28-09 AN ORDINANCE AMENDING APPENDIXA (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED EAST OF KEYWAY DRIVE FROM C-3 GENERAL COMMERCIAL 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 C-3 General Commercial 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 2 Hillcrest Plaza #2, 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: Principal permitted uses shall be limited to 15 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. B. Lot and Bulk Regulations. Page 2 Development of land in the PR Planned Residential District shall be regulated as follows: 1. Proposed buildings shall be located in substantial conformance with the approved conceptual development plan. 2. Maximum building height of 30 feet shall be allowed as measured from the first floor elevation to 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 14 spaces provided on surface lots and 16 spaces in garages. b. All vehicle-related features shall be surfaced with either asphalt or concrete. c. All parking and loading spaces shall be delineated on the surfacing material by painted stripes or other permanent means. d. 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. e. The number, size, design, and location of parking spaces designated for persons with disabilities shall be according to the 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. 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. Page 3 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 lotto 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. 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. Page 4 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 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. 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 Planning Services Department City Hall 50 West 13~ Street Dubuque, IA 52001-4864 (563) 589-4210 phone (563) 589-4221 fax (563) 690-6678 TDD planning@cityof dubuque.org THE CITY OF Dubuque DUB E Masterpiece on the Mississiypi t) ~ ~ I ~ 2007 June 5, 2009 The Honorable Mayor and City Council Members City of Dubuque City Hall - 50 W. 13th Street Dubuque IA 52001 Applicant: Steve Boge /Clark & Linda Wolff Location: Key Way Drive Description: To rezone property from C-3 General Commercial District 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 applicant, Steve Boge, spoke in favor of the request to build 15 townhouses on a one-acre site with a 16-bay detached garage. He said that townhouses will have basements and that the units will be energy efficient and ADA compliant. He said that the grade change of the site makes access from Key Way Drive very difficult; therefore, the access will be taken from Hillcrest Road. Staff Member Kritz reviewed the site layout and noted that a variance has been granted by the Zoning Board of Adjustment for aone-acre PUD. He said that the development will occur in two phases. He discussed the building design, access, Water and Fire Department review, storm water management and provision of green space. He said the buildings will be set back 12 feet from the property lines, but that the 10-foot deck added to the back of the buildings will be two feet from the north and south property lines. He discussed trip generation for the residences and street access. There were no public comments. The Zoning Advisory Commission discussed the request and the site layout, and felt it is appropriate. Service People Integrity Responsibility Innovation Teamwork The Honorable Mayor and City Council Members Page 2 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, ~~o~~ Jeff Stiles, Chairperson Zoning Advisory Commission F:IUSERS\Kmunson\WP\City Council\2009\CC 06_15_09\Boge Wolff Rezoning cc Itr 06_04_09.doc Service People Integrity Responsibility Innovation Teamwork THE C1TY OF ~ City of Dubuque DUB E ~i` j'~ Planning Services Department Masterpiece ott the Mississippi ~ I Dubuque, IA 52001-4864 Phone:563-589-4210 Fax: 563-589-4221 PLANNING APPLICATION FORM ^Variance ^Conditional Use Permit ^Appeal ^Special Exception ^Limited Setback Waiver ^Rezoning Planned District ^Preliminary Plat ^Minor Final Plat ^Text Amendment ^Simple Site Plan ^Minor Site Plan ^Major Site Plan ^Certificate of Economic Non-Viability ^Major Final Plat ^Certificate of Appropriateness ^Simple Subdivision ^Historic Designation ^Annexation ^Neighborhood Association ^Temporary Use Permit ^Other: Please tvce or orint legibly in ink Property owner(s):~~1s~~ L ~ r,~ aL [.] a (-~ Phone: ~ O 8 - 7y$ - O 3 ~ g Address: ~+~yg N.l~cres~ City:~buauTState: ~oc,.~a Zip:~.OOZ Fax Number:,_,556 -2~ 3 /o Cellular Number: S90 • 9?~ E-mail Address: c~~~~ Trv-,~g msn~ . co~M Applicant/Agent: ~~ ~'~yt_v1 1~ ems. ~ Phone: ~(_ ~ - .5~,/ 2 - ~ / Address: 2 g0 Z ~n'Er'i na t"~ ~~ ~~ City:,Q&~State: TeuJa Zip:,~200 1 Fax Number: .SS2- ~16a ~r _ Cellular Number: _E-mail Address: bone. 1 {C inn~p~~~+ln~ wee: `. cot~-7 Site location/address: t ~+~' ~d~ { reu.~an t_ ev+ kt u~ td i~'L. p~+ ~i{/~~"~~+ d'~7' ~i ~~CYaS~' Existing zoning: C_ ~ Proposed zoning: 7~~~Historic District: Landmark: Legal Description (Bidwell parcel ID# or lot number/block number/subdivision): Le f 2 .'~~s/.~:<~ P/a2Q ~2 Total property (lot) area (square feet or acres): 1. acre. ~~• a/. ~"ot 7 0~3 Describe proposal and reason necessary (attach a letter of explanation, if needed):. Qis~rict ~o atlo.a 15 zero le} tine towv~hous¢S •o be devslo w- ib c~ar~eS 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 Owner(s):, Date: S - 2 - Zoa 9 FOR OFFICE USE ONLY -APPLICATION SUBM~1-TAL CHECKLIST Fee:-~~©•~ Received by: . Date: `~ y~~Docket: ^ Site/sketch plan^ Conceptual Development Ian ^Photo ^ Plat ^ Improvement plans ^ Design review project description ^ Floor plan ^ Other: U ~ - - ~ ^ _- ° ~ o R-1 HILLCREST ~ r~ R •1 R-3 ~ ~ - ~ ~- c R-4 - %li c j/ _ - ~q III r Dubuque THE CITY OF DUB E ~ I 2U07 Masterpiece on the Mississippi Vicinity Map Applicant: Clark & Linda Wolff/Steven Boge Location: Key Way Drive (Lot 2 Hillcrest Plaza #2) Description: To rezoned property form C-3 General Commercial District to PUD Planned Unit Development with a PR Planned Residential District designation. Legend //,~ Proposed Area to be Rezoned Zoning Base Map Provided by Dubuoue County GIS r '. k ~ ~ ~' 1700 Belt'luie Rd :E • ~ Dyersville, Iowa .52040 ~ 7 s '` .; ~ a~ ,~ - 9~'l.. ` ,~ -~`3-' -` ~`~ s Phone~5S;3~' 87~ 'l85$ ~ ~WATS ~8~~8 [1Z ~ ,V R '~ „'`. ~, S yea ce J o i s~ r+Q~B~~ ' ~ Customer Service and Sales Fax:~56~} 87~326~; ~ ~. ~ -' ~- - .~~ , _ ~~~~FCZRL7~ES~ ~ ~ ~`- ~ni~unis~a~ir~n~ax~:~~~-8~5 2'~5~ ~ ' -,~. ~ : ~ ,,.:. ~~~~`~ ,`Internet Address l1 ./l ~(~~ c,9~~ ~ ~- *~ ~ ~ ~ ~ ~ ~ .o -. . p~ ~`' '.. veered Wood ro~uds-. "~` E r k, 'i ,. i ': I ~ y I i ' ~ '. 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Proposed Zoning: PR Existing Zoning: C-3 Adjacent Zoning: North - C-3 East - C-3 South - R-4 West - R-3 Total Area: 1 Acre Existing Street Access: Yes Sanitary Sewer: Yes Purpose: The applicant is requested rezoning to a PUD designation to allow construction of 15 townhouse-style dwelling units. Property History: The property has been vacant since it was graded for development in the 1970s. Physical Characteristics: The subject parcel has direct access on an existing drive to Hillcrest Road and topography is primarily flat except for the western third of the property. Conformance with Comprehensive Plan: The proposed development involves the following goals of the Comprehensive Plan: Land Use and Urban Design Goals 1.1, 1.2,4.4,5.3,6.1,6.2,7.1,7.2and9.2. Staff Analysis: Streets: Access to the development will be by an existing two-drive access to Hillcrest. No new streets are proposed. PLANNED DISTRICT STAFF REPORT Page 2 Sidewalks: Sidewalks will be provided in front of each of the proposed dwelling units. Parking: The applicant is proposing to provide two off-street parking spaces for each dwelling unit. Each dwelling unit will have one space in a single stall garage located in the center of the development. Lighting: New outdoor lighting will utilize cut-off luminaries. Signage: None proposed. Bulk Regulations: The submitted conceptual plan indicates the buildings themselves will be approximately 12 feet from the adjacent property line and 13 feet from the right-of-way of Keyway Drive. In addition to the building structure each dwelling unit will have a 10-foot deck attached to the back of the dwelling and be within two feet of the side property lines. Permeable Area (%) & Location (Open Space): The proposed project retains 34% of the site as permeable. The majority of the open space is adjacent to Keyway Drive. Landscaping/Screening: None proposed. Phasing of development: The applicant anticipates building nine dwelling units on the south side as the first phase, and the remaining six dwelling units part of the second phase. Impact of Request on: Utilities: Existing utilities are adequate to serve the site. Traffic Patterns/Counts: Access to and from the site will be from Hillcrest Road. Hillcrest is designated as a collector street and carries approximately 5,300 vehicle trips per day based on 2005 traffic counts. Public Services: Existing public services are adequate to serve the site. Environment: Staff does not anticipate any adverse impacts to the environment provided adequate erosion control is provided during all phases of development. Adjacent Properties: Planning staff anticipates the most likely impact to adjacent properties will be a small increase in vehicle trips. CIP Investments: None proposed. PLANNED DISTRICT STAFF REPORT Page 3 Staff Analysis: The applicant is proposing construction of 15 dwelling units arranged as laterally attached townhomes with each townhome having its own individual garage. The subject property is located on a vacant lot that is adjacent to Keyway Drive and is accessed from an existing paved driveway to Hillcrest Road. The applicant is requesting a rezoning to PUD to facilitate development of this existing vacant infill lot. The applicant is also applying for a variance from the minimum of two acres for a PUD from the Zoning Board of Adjustment. The Board will rule on the applicant's variance request at their May 28th meeting. The applicant has submitted a conceptual plan that shows the layout of the proposed units, access, parking areas and garages. The proposed units will be built relatively close to the side property lines with the units built 12 feet from the property line and attached decks built within two feet of the property line. Proposed parking areas will encroach within ten and eight feet of Keyway Drive's right-of way line. The applicant has provided elevations of the townhomes that indicates the general look of the facade as well as the floor plan for the dwelling units. The subject site can be served with City water and sewer and the applicant will be required to comply with the storm water control regulations and policies of the City of Dubuque. The City is initiating a project to increase the capacity of the sanitary sewer line that will service the proposed development. As the Commission is aware, this sewer line periodically has to be bypassed during major rainfall events. This problem is not associated with the actual sanitary sewer flows, but rather the inflow and infiltration of storm water into the sanitary sewer system. The City did an extensive study and found a number of illegal hookups that piped storm water directly into the sanitary sewer line. However, even with the reduction in the number of illegal hookups, the sanitary sewer line occasionally needs to be bypassed. The City has initiated a construction project that will take place to the south of this proposed townhouse development that will increase the capacity of the pipe from University Avenue up to the Kennedy Road area. By increasing the capacity downstream of this point, the sanitary sewer line will have the ability to handle anticipated flows. Access to this site is from an existing two-lane drive out to Hillcrest Road. The City fire and Water Departments have reviewed the proposal and do not object to the layout of the site for emergency access. The 15 proposed dwelling units will generate approximately 88 vehicle trips a day based on the Institute of Transportation Engineers Trip Generation Manual. The manual indicates for residential condominiums/ townhomes, an average rate of 5.8 vehicle trips per dwelling unit. Planning staff recommends that the Zoning Advisory Commission review the criteria in Section 3-5.5(f) that establishes the criteria for review of planned unit development requests. Prepared by: ~ Reviewed: Date: S-Z7•e~° Page 5 Transfer of ownership or lease of property in this PR Planned Residential District shall include the transfer or 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