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Request to Rezone_University at Ethel and Prysi Streets_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 planning_@cityofdubuque.org THE CITY OF Dubuque DuB E Masterpiece on the Mississippi ' ~ ~ ~ I ~ 2007 July 9, 2009 The Honorable Mayor and City Council Members City of Dubuque City Hall - 50 W. 13th Street Dubuque IA 52001 Applicant: City of Dubuque/ Tom Kluck Location: North of University Avenue between Ethel & Prysi Streets Description: To amend the PUD to reduce the northeast side property line setback from 80 feet to 60 feet. 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 Member Hemenway reviewed the request noting that there had been changes on the concept plan due to topography and the relocation of the driveway radius subsequent to approval by the City Council. He noted that the change of the location of Building #1 requires that the ordinance be rewritten to modify the required setback. He also noted that two parking spaces will be removed from Building #2, therefore, requiring that the ordinance reflect the new parking numbers. Mike Ruden, IIW Engineering, said the removal of the two spaces from Building #2 was done to allow a side entrance to access the lowest level of the building. There were no public comments. The Zoning Advisory Commission discussed the request, noting that the request does not represent a substantial change to the overall development. Recommendation By a vote of 5 to 0, the Zoning Advisory Commission recommends that the City Council approve the request to approve the amendment to the PUD to reduce the north side property line setback from 80 feet to 60 feet. A simple majority vote is needed for the City Council to approve the request. Respectfully submitted, --~ '`~n~ Charles Miller, Vice Chairperson Zoning Advisory Commission Service People Integrity Responsibility Innovation Teamwork Dubuque THE CITY OF DuB E II Masterpiece on the Mississippi ° zao~ TO: Zoning Advisory Commission FROM: Guy Hemenway, Assistant Planner ~~ SUBJECT: Kluck/University Avenue PUD INTRODUCTION At the June 3, 2009 Zoning Advisory Commission meeting the Commission approved a PUD Planned Unit Development rezoning submitted by Tom Kluck for approximately 3 acres of property along University Avenue between Prysi and Ethel Streets. The approval was granted for two, twenty-four unit residential buildings, aclubhouse/office building and associated parking. The Commission recommended approval of the ordinance and conceptual plan for the development as submitted. DISCUSSION The original concept plan for the development indicated a 52 foot northeast side yard setback for building one. Based on input from the applicant at the Commission meeting, it was determined that the northeast side yard setback would be changed to 80 feet. This dimension was reflected in the bulk standards that were written for the PUD ordinance and approved by the City Council. After refining the site design, it has been determined that the northeast side yard setback will be 64 feet. This dimension still represents an additional 12 foot setback from the original concept plan. RECOMMENDATION Staff recommends the Commission review the amended PUD ordinance and forward a recommendation to the City Council. 'I'f-I E Cri'Y OF ~ .... DUB ~ Mnsferpiece o» the Mississippi. ^Variance ^Conditional Use Permit ^Appeal ^Special Exception ^Limited Setback Waiver ^Rezoning pubuque 554~©O II ~~ ~ zao~ ~ Q~ ~~ ` ' n ~JC PLANNING APPLICATION~RM Planned District ^Preliminary Plat ^Minor Final Plat ^Text Amendment ^Simple Site Plan ^Minor Site Plan Please tvpe or print legibly in ink City of Dubuque Planning Services Department Dubuque, IA 52001-4864 Phone:563-589-4210 Fax: 563-589-4221 ^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: Property owner(s): ~~/r,_ ~ L VC~ Phone: ~e7~~'~+D 37' Address: ~T~t~ ~ r7 ~ Q~,.k~.~~City: ~+G State: ~ Zip:~~ j Fax Number: 5t~e7'7 ~r~lar Number: E-mail Address: '' r Applicant/Agent: + ~ ,iTr{~~! W ~ Phone: ~~-~~~ ~~ f L t ~p f Address: I..ID~~~/L1~~CL ~1/hrJ~ City:~b~:uP ...L~ Zip:?, Fax Number: ~~ ''1~ 6~' L~ Cellular Number: _E-mail Address: ~~C"l/~~~ ~~^ •~ Site location/address: V /1 ~ ~~~ Vl~ v~,~ I ~-1 o z~ z ~ g ~ r Existing zoning: ~_Proposed zoning: 'P~~Historic District: ~_Landmark: Legal Description (Bidwell parcel ID# or lot number/block number/subdivision): ~n Z7 ~~ ~~ ~ l0 a' oZ l7~oZ~ 3 at~',~s ~~6,~7a~~ oft' Total property (lot) area (square feet or acres): ~ Describe proposal and reason necessary (attach a letter of explanation, if needed):_ ~ ~c~~as~ la ~rol ~ ~~ +¢- l~ b~a~ ~ ~vja. 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): 6z•^~ `~'--`-`~'L-- Date: ~ .3D Q Applicant/Agent: Date: 3 FOR OFFICE USE ONLY - APPLI/~CATION SUBMITTAL CHECKLIST Fee: ~JyJ~• ~ Received by: *~.~~~~~~- Date: c.3 3f9 ~~ Docket: Site/sketch plani ~ Conceptual Development Plan _ Photo ~ Plat a Improvement plans .7 Design review project description :Floor plan Other: o ,~, . ~ All N ~ ~ ~ ~ ~V ;~_ ~tY ~ ~ a' ~ ~ ~ ~ ~~~~~~~~~i~l ~ ~ ~ ~~ ~ m ~ ~•+ ~ i ~ °~ ~ ~ .~ ~ o Q~~ o ° ~ ° .~ J 'c c ~ N m V ~ ~ ~ a ~ Q ~n .~ ~ O ~ N0~ "~ ~ _ ~ ~ ~ ~~ boa ~ o ~ ~ o .~ o c~ ~ o 'c Z ~' ~ ~ ~ = 0 N c c ~- ~ ~ ca o .Q- a ~ N Q o ~ ~ ~ ~ J Q J W ~ ~ ~ N N V N U M ,,:.. 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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. 36 -09 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OFORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED NORTH OF THE UNIVERSITY AVENUE AND ETHEL STREET INTERSECTION FROM OR OFFICE RESIDENTIALDISTRICT 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 (TheZoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafterdescribed 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 Anson 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: 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 60 feet from the northeast side property line and 30 feet from the southwest 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: Parking Regulations a. Off-street parking shall be provided based on the approved conceptual plan with 32 spaces provided on surface lots and 54 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. 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. 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 44 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. Kluck Condominiums -University Avenue Page 4 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 ofsimilar 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 of€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. Kluck Condominiums -University Avenue Page 5 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 2 o t h day of Ju 1 y 2ppg Attest: i ,;leanne F. Schneider, City Clerk ~1 Roy D.,,,~uol, Mayor ,/ F:\USERS\MELINDA\WP\COUNCIL\ORDINANCESUcluck university ave PUD ord..doc