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Request to Rezone - Stone Valley Drive_Murley_Hearing_FAILEDCity of Dubuque Public Hearings # 3. ITEM TITLE: SUMMARY: SUGGESTED DISPOSITION: ATTACHMENTS: Description ZAC letter Applicant Material Staff Material Ordinance citizen input citizen input - photos Suggested Motion Wording Copyrighted April 16, 2018 Stone Valley Drive Rezoning Request Proof of Publication on notice of public hearing to consider a request from Sam Murley and Ron Klein to rezone 4 acres from C-3 General Commercial District to PUD Planned Unit Development with a PR Planned Residential designation and the Zoning Advisory Commission recommending approval by a 3 to 2 vote. Per City Code Section 16-9-5.5(B) the lack of 4 concurring votes renders the commissions vote equal to a denial. Based on City Code requirements a Super Majority vote is needed to approve the request. ORDINANCE Amending Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances by Reclassifying Hereinafter Described Property Located South of Stone Valley 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 Suggested Disposition: Receive and File; Motion A, Motion B; Super Majority Requirement Type Staff Memo Supporting Documentation Supporting Documentation Ordi nance Supporting Documentation Supporting Documentation Supporting Documentation Planning Services Department City Hall 50 West 13th Street Dubuque, IA 52001-4864 (563) 589-4210 phone (563) 589-4221 fax (563) 690-6678 TDD planning@cityofdubuque.org THE CITY OF Dui Masterpiece on the Mississippi The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 13th Street Dubuque IA 52001 Dubuque trftri A -Anaisi City ill! r 2007.2012 2013.2017 April 6, 2018 Applicant: Sam Murley and Ron Klein Location: Stone Valley Drive Description: To rezone approximately 4 acres from C-3 General Commercial District to PUD Planned Unit Development District with a PR Planned Residential 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 Sam Murley, applicant, 14157 Deerfield Court, said that he represents himself and Ron Klein. He said they would like to build three buildings totaling 60 units in three phases. He said that the development will have shared amenities including a swimming pool. He said that it will be a quality development and that this style of housing is needed in the community. Staff Member Kritz reviewed the staff report, noting the existing and surrounding zoning, noting the number of uses allowed in the C-3 District. He said that residential use is currently allowed on the second floor of any development within the C-3 District. He discussed the zoning history of the area, noting that the request represents a transition between residential and commercial development. He discussed the street and highway reconfiguration and new traffic patterns that will result. He discussed trip generation for the proposed development, stating it would generate approximately 400 vehicle trips per day. He discussed existing 30+ multi -family residential developments that he said are scattered throughout the community. He noted that the Southwest Arterial is slated to be completed in 2019. Staff Member Kritz said that the Dubuque Community School District regularly redistricts their service areas to accommodate changing student populations. He said that when developed both C-3 and R-3 Districts will generate additional traffic, but that C-3 has the potential to generate more traffic than a residential development. He said Service People Integrity Responsibility Innovation Teamwork The Honorable Mayor and City Council Members Page 2 that C-3 development could easily be more objectionable to adjacent single-family residences than residential development. He said the storm water detention area has been sized for commercial development and will readily accommodate residential development. There were several public comments opposed to the requested rezoning. Concerns included negative impact on property values, increased traffic, would contribute to the decline of the neighborhood, increase the population of the area, and that the residents wanted to maintain the country feel of their neighborhood. The Zoning Advisory Commission discussed the request, reviewing access to the site, allowed uses in the C-3 Commercial zoning currently existing on the site and landscape requirements. The Commission also discussed potential facade design requirements. Recommendation By a vote of 3 to 2, with two abstentions, the Zoning Advisory Commission recommends that the City Council approve the request. However, the lack of four concurring votes as stipulated by Section 16-9-5.2(B) of the City Code renders the Commission's vote equivalent to a denial. Because the vote results in a denial, a super majority vote of three-fourths of the City Council members is needed for the City Council to approve the request. Respectfully submitted, Thomas Henschel, Chairperson Zoning Advisory Commission Attachments cc: Alvin Nash, Housing and Community Development Director Service People Integrity Responsibility Innovation Teamwork 1) IE CIIY 01 DUB Masterpiece on the Mississippi [Variance [Conditional Use Permit Appeal [Special Exception [Limited Setback Waiver iRezoning/PUD/ID PLANNING APPLICATION FORM [Preliminary Plat ['Major Final Plat ▪ Minor Final Plat ▪ Simple Site Plan Minor Site Plan [Major Site Plan Please type or print legibly in ink Sam Murley, Ron Klein Property owner(s): Address: Fax #: Cell #: Applicant/Agent: Address: Fax #: [Simple Subdivision [Text Amendment [Temporary Use Permit [Annexation [Historic Revolving Loan [Historic Housing Grant PO Box 3242 City of Dubuque Planning Services Department Dubuque, IA 52001-4805 Phone: 563-589-4210 Fax: 563-589-4221 planninq(acitvofdubuque.orq [Certificate of Appropriateness [Advisory Design Review (Public Projects) ['Certificate of Econom' [Von -Viability [Historic Designation hoose une ❑Demolition [Port of Dubuque Design Review 5635909507 Phone: Dubuque IA 52004 City: State: Zip: smurley84@gmail.com E-mail: Phone: City: State: Zip: Cell #: E-mail: Site location/address: Stone Valley Dr. Neighborhood Association: Existing zoning: C-3 PUD -PR N/A Proposed zoning: District: N/A Landmark: ❑ Yes ❑■ No Legal Description (Sidwell parcel ID# or lot number/block number/subdivision): 1505103001 - Lot L English Ridge Sub. Total property (lot) area (square feet or acres): 4' 0/ e2.CPe$ Describe proposal and reason necessary (attach a letter of explanation, if needed): To rezone property from C-3 Commercial to PUD -PR Residential to create a buffer between the existing C-3 Commercial property to the west and the existing R-1 Residential property to the east. CERTIFICATION: I/we, the undersigned, do hereby certify/acknowledge that: 1. It is the property owner's responsibility to locate property lines and to review the 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): Applicant/Agent: 02/06/2018 Date: Date: FOR OFFICE USE ONLY — APPLICATION SUBMITTAL CHECKLIST Fee:(P % !• a,Received by: / 2 Date: ZNA:g Docket: Project Description Dubuque Zoning Advisory Commission Ron Klein Sam Murley Summary The buildings will incorporate a modern/contemporary look including exterior finishes such as brick, siding, exposed wood, and architectural shingles in neutral natural colors. With the planned amenities listed below and a mixture of one bedroom and two bedroom apartments with finishes like granite, hardwood/tile flooring, and modern bath and lighting fixtures, we hope to attract young professionals, families, and residents and employers that require a permanent second home (traveling executives, prior home owners, etc). The project will be completed in three phases: • Phase 0: Rezone 4.01 acres from C3 to PUD • Phase 1: Utilities, infrastructure, community pool and shared amenities, grading, landscaping, construct first building • Phase 2: construct second building and additional parking • Phase 3: third building and additional parking Highlights • Planned Unit Development (PUD) district fostering a community environment • High-end finishes and modern/contemporary design style • Shared community amenities and open spaces • Easily accessible to Highway 20, future Southwest Arterial, Dubuque Industrial Center West, Dubuque Technology Park, and Dubuque Regional Airport; location fostering a coherent lifestyle Planned Amenities • Secure entrance to PUD and residential units • Smoke free building • Laundry facilities onsite • Energy-efficient utilities and appliances • Outdoor common areas equipped with grills • Community game room/fitness room • Community pool and outdoor courtyard • Off-street parking included • Bike friendly Exterior Examples Commerce Park Place Shared Space *4= "'104+pl ph Interior Examples 0 20' 40' 1" = 80' (11"x17") 1" = 40' (24"X38") ) ;;, m cc V � LLJ I N00'1 B'50'E 533.20' 1`. CONCEPTUAL DEVELOPMENT PLAN LOT L ENGLISH RIDGE SUBDIVISION CITY OF DUBUQUE, IOWA. 791; k�TIK ENGLIS�i;;R1DGE SC! (FUTURE PARK);, (OWNED BY CITY OF DU$tiJQY§)- 1 `•.,... 5' xTG 374', ss THIS COMPLEX WILL CONSIST OF APPROX. 60 UNITS, WITH A POSSIBLE MIX OF APARTMENTS, ROW HOUSING, TOWN HOMES, CONDO.'S, DAYCARE, INDEPENDENT LIVING, AND ASSISTED LIVING, WITH SOME OF THEM POTENTIALLY BEING 2 STORY BUILDINGS. (FUTUf DE�1EE7vtF#f`__, I ,20NrNG___ t. C-4, 589'41'10"E 2 -• 795--_._ 781 ENGLISH RIDGE SUS. ; �,,___ __,,, (STORM WATER DETENTION) -= '° i ,. OWNED BY CITY OF DUBUQUE) =- _ _ -= _ __ - EN LISf1' RIpGE Rye 1 ,--- xrs,© Z 0 CHECKED B (n z O_ W m N 0 O n N co 0 Q m N 0 0 N 0 N CO ` ert.;;=1,.:;'-'_ 4.- 1,1 co W 0 J 0,1 0OD0 N SEE BAR SCALE Lc LOT 1'b, LQ ENGLISH • =- '39,/ �1 800 I • X 1 XAS11 IG 19' SANITARY SEWER EASEMENT EXISTING 50' GRADING , EASEMENTS -, i I; / //1-H15' PART/ THIEAf3F' 1 TO/REM.ACN �;'TO,' R,E7AN,%' C 3 r FUO , '; // 1- rte' ' 1800 !810 (E{1, A EMERGGENCY ACCESS • ZS 1 LOT O z 0 W 0 D PREPARED FOR: SAM MURLEY RON KLEIN SHEET TITLE ENT PLAN z O_ In 0 d m J (/) frn -I CI J z W CONCEPTUAL /1 THE CITY OF Dubuque 9ffi DUBtJE 2007.2012 Masterpiece on the Mississippi 2013-2017 Vicinity Map Applicant: Sam Murley and Ron Klein Location: Stone Valley Drive Description: Rezone propery from C-3 General Commercial to PUD Planned Unit Development with PR Planned Residential Designation. Subject Property Parcels City Limits DISCLAIMER: This information was complied using the Dubuque Area Geographic Information System (DAGIS), which includes data created by both the City of Dubuque and Dubuque County. It is understood that, while the City of Dubuque and participating agencies utilized the most current and accurate information available, DAGIS and its suppliers do not warrant the accuracy or currency of the information or data contained herein. The City and participating agencies shall not be held liable for any direct, indirect, incidental, consequential, punitive, or special damages, whether foreseeable or unforeseeable, arising out of the authorized or unauthorized use of this data or the inability to use this data or out of any breach of warranty whatsoever. A 1:4,500 PLANNED DISTRICT STAFF REPORT Zoning Agenda: April 4, 2018 Project Name: English Ridge Subdivision Property Address: Stone Valley Drive Property Owner: Sam Murley and Ron Klein Applicant: Same Proposed Land Use: Multi -Unit Residential Proposed Zoning: PUD -PR Existing Land Use: Vacant Existing Zoning: C-3 Adjacent Land Use: North — Detention/parkland Adjacent Zoning: North — C-3 West — Commercial West — C-3 South — Agricultural South — R-1 East — Single -Unit Residential East — R-1 Flood Plain: N/A Total Area: 4.01 acres Water: Yes Existing Street Access: Yes Storm Sewer: No Sanitary Sewer: Yes Previous Planned District: None. Purpose: The requested rezoning from C-3 General Commercial to PUD Planned Unit Development with a PR Planned Residential designation is intended to facilitate the development of up to 60 dwellings that could be comprised of apartments, townhouses, condominiums and/or assisted living. Property History: The subject property (Lot L) was annexed to the City and zoned C-3 General Commercial District in 1999, and was included as part of the English Ridge Subdivision with the first phase of the subdivision approved in 2006. The property has remained undeveloped since its annexation and initial rezoning and platting. Physical Characteristics: The subject property slopes generally toward the northwest and drains towards the South Fork of the Catfish Creek. Imagine Dubuque Recommendations: Multi -Family: Encourage a mix of housing affordable for all segments of Dubuque's population throughout the community, including options for those who might be saving for their first home. Planned District Staff Report — English Ridge Subdivision Page 2 o Encourage new multi -family development in proximity to jobs to minimize transportation costs. o Integrate multi -family development within mixed-use areas identified on the Future Land Use Plan for increased access to goods and services in a walkable environment. Future Land Use Map: Single-family Residential. Staff Analysis: Streets: The proposed development of the 4.01 -acre parcel will be accessed by a private driveway connected to Stone Valley Drive. The three residential buildings will be served by privately maintained driveways. A secondary access, for emergency purposes, will access the south end of Kingsley Lane. The secondary emergency access can be gated to prevent day-to-day vehicle access. Sidewalks: The proposed PUD will not have public streets, and as such, there is no requirement for sidewalks. The developer does provide sidewalks from the individual residential buildings to the parking area. Parking: The Unified Development Code (UDC) requires 1.5 spaces per dwelling unit for multi -residential developments. The concept plan indicates surface parking for 90 vehicles. This complies with the UDC requirement. Lighting: New outdoor lighting associated with the proposed residential development will be required to be designed to the City's standard of 72 -degree cutoff light fixtures for both freestanding and wall -mounted applications. In addition, lighting levels will be required to be a maximum of one -foot candle at the property line. Signage: Signage will be provided based on sign regulations associated with the R-4 Multi -Family Residential District, Section 15-11.1 of the UDC. Bulk Regulations: The proposed PUD -PR development will be based substantially on the layout shown in the submitted conceptual development plan. The submitted concept plan meets or exceeds those setbacks required by the UDC for the R-4 District. There will also be a substantial buffer between the existing single-family homes along Kingsley Place and the proposed multi -family residential development. In part, this is due to an existing gas line easement of 90 feet with 45 feet on either side of the centerline of the pipe. The proposed 28 -unit residential unit will be set back 65 feet from the property line shared with the single- family houses to the east. Planned District Staff Report — English Ridge Subdivision Page 3 Permeable Area (%) & Location (Open Space): Approximately 56% of the portion of Lot L to be zoned Planned Residential will remain as permeable area after full development. The western portion of Lot L near the future frontage road serving the U.S. Highway 20/Southwest Arterial interchange will remain zoned C-3 General Commercial, and is not part of the proposed rezoning request. Landscaping/Screening: The proposed development will comply with UDC Section 16-13-4 Landscaping and Screening Requirements. Phasing of development: See applicant's project description. Impact of Request on: Utilities: Existing City water and sewer mains are available to serve the subject site. The Engineering and Water Departments have reviewed the conceptual plan and do not anticipate any major issues serving the proposed development. Detailed improvement plans will be submitted, reviewed and approved prior to commencing construction as part of the City's development review process. Traffic Patterns/Counts: Primary access to the 60 -unit site is by way of a private driveway accessing Stone Valley Drive. The developer also has shown a secondary emergency access by way of Kingsley Lane. Staff has calculated that full build out of this proposed residential development with 60 dwelling units assuming all will be apartments, would generate approximately 403 vehicle trips per day. Specifically, based on the Institute of Traffic Engineers (ITE) trip generation manual 6.72 vehicle trips per apartment can be expected. Townhouses and condominiums will typically generate approximately one less vehicle trip per day than apartments, while single-family homes generate approximately three additional vehicle trips per day for each dwelling. The eventual mix of dwelling units will ultimately determine the average daily trips. The development's primary access will be to Stone Valley Drive that is designed to a collector street standard with 60 feet of right of way and 37 feet of paving. Public Services: Existing public services are adequate to serve the site. Environment: Staff anticipates that the proposed development will have minimum impact to the surrounding environment provided that adequate erosion control is practiced during all phases of development, and that storm water management is provided in a manner that complies with the City of Dubuque adopted Codes and policies. Planned District Staff Report — English Ridge Subdivision Page 4 Adjacent Properties: The most likely impact to adjacent properties will be the increase in vehicle trips along Stone Valley Drive. Primarily these vehicle trips will leave the site and head toward the frontage road that will connect with the U.S. Highway 20/Southwest Arterial Interchange. Planning staff anticipates that few vehicles will head east on Stone Valley Drive toward English Mill Road. CIP Investments: None proposed. Project Overview: The applicants are requesting rezoning of a 4.01 -acre parcel of land from C-3 General Commercial to PUD Planned Unit Development with a PR Planned Residential designation. The applicants desire to develop the acreage for 60 multi -unit dwellings arranged in three buildings with pool area in the center of the development. The primary access to the site will be by intersection with Stone Valley Drive with an emergency secondary access connected to the south end of Kingsley Lane. The subject property was initially developed as part of English Ridge Subdivision with the first phase approved in 2006. The subject property was rezoned to C-3 General Commercial as part of the general rezoning and annexation of the property. The subject property lies between existing single-family homes built in the first phase of English Ridge Subdivision, along Kingsley Lane and commercial property owned by the Portzen Construction Company to the east. The applicants are pursuing a PUD -PR rezoning as the UDC only allows a maximum of 12 units in a building under the R-4 Multi -Family Residential District. The PUD designation allows for the larger buildings in terms of the number of dwelling units, and also allows for more than one building on a lot. The applicants propose that the buildings will be a maximum of two -stories when viewed from the outside. The developer will be providing 1.5 off-street parking spaces per unit as required by the UDC. The applicants are also proposing to allow the development of senior independent/ assisted housing as an alternative. The number of dwelling units would be limited to 60. The interior driveways will be privately maintained. The proposed development will be served by City water and sewer utilities, which do have the capacity to serve the full build -out of the development. The proposed development is located immediately to the south of the existing storm water detention basin for English Ridge Subdivision. The property was anticipated to be developed for commercial uses, when the storm water calculations were developed for the subdivision. The proposed rezoning from C-3 General Commercial to PUD -PR Planned District Staff Report — English Ridge Subdivision Page 5 is likely to reduce the amount of storm water runoff or at least will be no greater than what was anticipated under commercial development. As an amenity to the Planned District, the developer will be constructing a pool area in the center of the development and plans on including the pool as part of the first phase of the development. In addition to the recreational facilities proposed by the applicant, there is a future public park to be located on Lot K immediately north of the subject property. U.S. Highway 20 / Southwest Arterial Interchange: As part of the new interchange construction at U.S. Highway 20 and the Southwest Arterial, a frontage road will be built between the Portzen Construction Company and this proposed development. This frontage road will provide access to the English Ridge Subdivision, Portzen Construction property, and Barrington Lakes Subdivision. As part of the construction of the U.S. Highway 20 and Southwest Arterial interchange, the individual at -grade intersections of Barrington Lakes Subdivision and Stone Valley Drive will be eliminated once the project is completed in 2019. Attached to this staff report is an Iowa Department of Transportation map that depicts the new interchange and frontage roads. Discussion: The requested rezoning to PUD Planned Unit Development with a PR Planned Residential designation reflects the classic zoning arrangement of using multi -family residential development as a buffer between high intensity commercial development and lower density residential development. The proposed residential buildings will be located between the existing single-family detached homes on Kingsley Lane and the proposed frontage road for the U.S. Highway 20/Southwest Arterial interchange and the commercial development to the west. The four acres to be rezoned to PUD/PR have been zoned C-3 General Commercial since 1999. The C-3 District regulations are included in this packet. Planning staff would note that the existing C-3 zoning already allows multi -family residential dwellings but restricts this use to above the first floor. Further, C-3 zoning permits a number of intense commercial uses that may have negative impacts to surrounding property. Included with this packet is a map that depicts clusters of 30 or more apartment or condominium dwellings in Dubuque. The map illustrates that multi -family dwellings are located throughout the community and are often located adjacent to single-family homes. Based on census data, approximately one-fourth of 25,684 dwelling units in the city are classified as multi -family (3 or more units). See attached American Fact Finder handout from the U.S. Census Bureau. RECOMMENDATION Planning staff recommends that the Zoning Advisory Commission review the criteria established in Section 5-24.5 of the UDC for the review of conceptual development Planned District Staff Report — English Ridge Subdivision Page 6 plans and make a recommendation to the City Council regarding the requested rezoning. Prepared by: . 4 t -k. �c-- Reviewed &1_421 • ate: -0S-2-g- Cr co 0 3 -,. Fro,.. C-3 4111 2 SHREWSBURY LN 2 O N I J J � (2 6 2 0Z J 0 v— a 2 3 4e S Z Ge i 2 , , 14 !i w r 0 0 i fo x o 3 c 0 coco Z C-3 R-1 dd 0.1 375 750 1,500 BARRINGTON DR _._._ 0) Feet THE CITY Or { DUB E Masterpiece on the Mississippi Vicinity Map Dubuque IFbrio Gly I I I If 2007.2012 20132017 Subject Property 100 -Year Flood Plain Parcels Q City Limits 1 Single -Family Residential District t: ! Agricultural District General Commercial '//, Planned Industrial District 1111 General Commercial with conditions ® Moderate Density Multi -Family Residential District DISCLAIMER: This information was compiled using the Dubuque Area Geographic Information System (DAGIS), which includes data created by both the City of Dubuque and Dubuque County. It is understood that, while the City of Dubuque and participating agencies utilized the most current and accurate information available, DAGIS and its suppliers do not warrant the accuracy or currency of the information or data contained herein. The City and participating agencies shall not be held liable for any direct, indirect, incidental, consequential, punitive, or special damages, whether foreseeable or unforeseeable, arising out of the authorized or unauthorized use of This data or the inability to use this data or out of any breach of warranty whatsoever. N A 1:9,500 Section 2 -Land Use Regulations Article 5: Zoning Districts Department store Indoor amusement arcade Mini warehouse 5-13 C-3 General Commercial The C-3 District is intended to provide locations for commercial uses which are designed to serve the motoring public or uses requiring highway or arterial locations. 5-13.1 Principal Permitted Uses The following uses are permitted in the C-3 district: 1. Agricultural supply sales 2. Animal hospital or clinic 3. Artist studio 4. Auditorium or assembly hall 5. Bakery (wholesale/commercial) 6. Bank, savings and loan, or credit union 7. Bar or tavern 8. Barber or beauty shop 9. Business services 10. Carwash, full service 11. Carwash, self service 12. Construction supply sales or service 13. Contractor shop or yard 14. Dental or medical lab 15. Department store (60,000 square feet maximum) 16. Farm implement sales or service 17. Furniture upholstery or repair 18. Gas station 19. General office 20. Grocery store 21. Hotel 22. Indoor amusement arcade 23. Indoor recreation facility 24. Indoor restaurant 25. Indoor theater 26. Laundry, dry cleaner, or laundromat 27. Medical office 28. Mini -warehouse 29. Mobile or manufactured home sales or service 30. Mortuary or funeral home 31. Moving or storage facility 32. Museum or library 33. Neighborhood shopping center 34. Parking structure 35. Pet daycare or grooming 36. Photographic studio 37. Place of religious exercise or assembly 38. Printing or publishing 39. Private club 40. Public or private park, golf course, or similar natural recreation area 41. Railroad or public or quasi -public utility, including substation 42. Residential use above the first floor only 43. Restaurant, drive in or carryout 44. Retail sales and service Vehicle sales 45. School of private instruction or rental THE CITY OF DUB Section 2—Land Use Regulations 46. Service station 47. Tattoo parlor 48. Tour home 49. Vehicle body shop 50. Vehicle sales or rental 51. Vehicle service or repair 52. Vending or game machine sales or service 53. Wholesale sales or distributor Article 5: Zoning Districts 5-13.2 Conditional Uses The following conditional uses may be permitted in the C-3 District, subject to the provisions of Section 8-5: 1. Licensed adult day services 2. Licensed child care center 3. Outdoor recreation or outdoor amusement center 4. Passenger transfer facility 5. Wind energy conversion system 5-13.3 Accessory Uses The following uses are permitted as accessory uses as provided in Section 3-7: 1. Any use customarily incidental and subordinate to the principal use it serves 2. Crematorium accessory to a mortuary or funeral home 3. Wind turbine (building -mounted) 5-13.4 Temporary Uses Temporary uses shall be regulated in conformance with the provisions of Section 3-19. 5-13.5 Parking Minimum parking requirements shall be regulated in conformance with the provisions of Article 14. 5-13.6 Signs Signs shall be regulated in conformance with the provisions of Article 15. iiLEGEND I I PROPOSED PAVEMENT LJ PROPOSED GRANULAR SURFACE PROPOSED BRIDGE I I SOUTHWEST ARTERIAL PROPERTY LINES EXISTING RIGHT OF WAY LINES }lit >v� •- t ••. e. 0 300 600 SCALE IN FEET PRELIMINARY PLAN NOT FINAL - SUBJECT TO CHANGE QIOWADOT So, 1.Aerlal Photography • Iowa DOT, 2014 2.US 20 Swiss Valley Full 00114 Concept, March 3 2015, NOR Engineering US 20 SWISS VALLEY Proposed Chesterfield Drive & Landfill Road May 2017 • 0 100 200 SCALE 411t1ii��Yn 1lf .•1' �. _711 I ]B.IIF2yi51♦+y tl6_F-1BM.LLC X11 IIS #7E I'L .. ♦ fl -4_ 7x=5659789315. 1I .ti ' y'364556T.54.1 k' o _ _ ,�.,� x _L.S9739.021 y-3644610.321 / • L x=5659108.056 y=3644693.668 x=5659795.35 y-3644 766.003 – NOPRELIMINARY PLAN T FINAL - SUBJECT TO CHANGE �- x=5659831.9521 ry=3645041.837 1x=5659829.175' y.3644978.198 =56598I6.56T v3644985.445 x=561,71335.31:6 y=3645161.041 x=5659787.461 —��=3645538.6TT x=5659905.61 =3645521.86 x=5659791.996 43645472.641 x=5659610.716 y.3640329.23 x-56:. Jtl1G.1i5 y=3645294.649 14•5659697234 .3645461.612 lc.r-ce_1 DOT US 20 SWISS VALLEY Chesterfield Drive ROW Conceptual / Preliminary Design Dubuque County, Iowa f Date SEPT 2017 Multi -Family Development Locations Clusters of 30 or more Apartment/Condiminium dwelling units * These developments do not include Senior Housing, Nursing Homes, or Dormatories Lei PENNSYLVANIA AVE •Dubuque Multi -Family Locations •Asbury Multi -Family Locations SEIPPEL RD 0 O 0 • ASBURY RD 1VIi33i V MN 4 DAVISST a0 • CF z W 32ND S1 -1 Z O �9 N Q •• °P� KA ST m zo� =O z y m •� �si 16t�st i m HILLCRESTR• ,3 5 0 ! m. _1'`' 0v'JD o 'PAH01 �,OP�' v'., E 0Z TA W LOCUST ST • • •m iR w 4 08 n� CLARKE•DR SCK4At ti 0 FST UNIVES1iY AVE NS S IGT. F3R0 T s Sr English Ridge Subdivision Hwy 611151 U.S. Census Bureau AMLRICAN FaetFinder B25024 UNITS IN STRUCTURE Universe: Housing units 2012-2016 American Community Survey 5 -Year Estimates Supporting documentation on code lists, subject definitions, data accuracy, and statistical testing can be found on the American Community Survey website in the Data and Documentation section. Sample size and data quality measures (including coverage rates, allocation rates, and response rates) can be found on the American Community Survey website in the Methodology section. Tell us what you think. Provide feedback to help make American Community Survey data more useful for you. Although the American Community Survey (ACS) produces population, demographic and housing unit estimates, it is the Census Bureau's Population Estimates Program that produces and disseminates the official estimates of the population for the nation, states, counties, cities and towns and estimates of housing units for states and counties. Total: 1, detached 1, attached 2 3or4 5 to 9 10 to 19 20 to 49 50 or more Mobile home Boat, RV, van, etc. Dubuque city, Iowa _ Estimate Margin of Error 25,684 +/-290 15,895 +/-376 1,042 +/-142 1,884 +/-266 1,934 +/-260 1,319 +/-217 1,014 +1-142 802 +/-158 1,016 +/-158 77.8_ 1 +/-108 0 +/-22 Data are based on a sample and are subject to sampling variability. The degree of uncertainty for an estimate arising from sampling variability is represented through the use of a margin of error. The value shown here is the 90 percent margin of error. The margin of error can be interpreted roughly as providing a 90 percent probability that the interval defined by the estimate minus the margin of error and the estimate plus the margin of error (the lower and upper confidence bounds) contains the true value. In addition to sampling variability, the ACS estimates are subject to nonsampling error (for a discussion of nonsampling variability, see Accuracy of the Data). The effect of nonsampling error is not represented in these tables. While the 2012-2016 American Community Survey (ACS) data generally reflect the February 2013 Office of Management and Budget (OMB) definitions of metropolitan and micropolitan statistical areas; in certain instances the names, codes, and boundaries of the principal cities shown in ACS tables may differ from the OMB definitions due to differences in the effective dates of the geographic entities. Estimates of urban and rural population, housing units, and characteristics reflect boundaries of urban areas defined based on Census 2010 data. As a result, data for urban and rural areas from the ACS do not necessarily reflect the results of ongoing urbanization. Source: U.S. Census Bureau, 2012-2016 American Community Survey 5 -Year Estimates Explanation of Symbols: 1. An '**' entry in the margin of error column indicates that either no sample observations or too few sample observations were available to compute a standard error and thus the margin of error. A statistical test is not appropriate. 2. An ' ' entry in the estimate column indicates that either no sample observations or too few sample observations were available to 03/26/2018 Planning Services Department City Hall 50 West 13th Street Dubuque, IA 52001-4864 (563) 589-4210 phone (563) 589-4221 fax (563) 690-6678 TDD planning@cityofdubuque.org Sam Murley Ron Klein P 0 Box 3242 Dubuque IA 52004-3242 Masterpiece on the Mississippi RE: City Council Public Hearing — Rezoning Request Dear Applicant: Dubuque AI•breGlp Cit; 1111 is 2007.2012 2013.2017 April 9, 2018 The City Council will consider your request to rezone property located along Stone Valley Drive at a public hearing on Monday, April 16, 2018. Please attend this meeting, or send a representative to the meeting in your place to present your request and answer questions. City Council meetings begin at 6:00 p.m. in the City Council Chamber, 2nd Floor, Historic Federal Building (Post Office), 350 W. 6th Street, Dubuque, Iowa. Please contact the Planning Services Department at (563) 589-4210 if you need more information or have any questions. Sincerely, Kyle L. Kritz Associate Planner Enclosures cc: Kevin Firnstahl, City Clerk Service People Integrity Responsibility Innovation Teamwork STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: April 6, 2018, and for which the charge is $30.29. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this /a 46 day of ,20 / . CITY OF DUBUQUE, IOWA OFFICIAL NOTICE I NOTICE. is hereby given that the Dubuque City Council will con- duct public hearings at a meeting to com- mence at 6:00 p.m on Monday, April 16, 2018, in. the, Historic Federal 1 Building,; second floor, 350 West 6th Street, on the following Planned Unit Development , (PUD) Amendments Request by Dubuque South Pointe LLC / Aaron Healey for the South Point Subdivi- sion to revise Dubuque South Pointe ,Develop- ment PUD Planned Unit Development to modify bulk standards for Townhouse Lots. Request by the City. of Dubuque to amend the Millwork District PUD Planned Unit Develop - a new parking lotentllow at 1146 Elm Street: Notary Public in and for Dubuque County, Iowa. Institution District 1 (ID) Amendments Request by Mercy Hospital to amend ID Institution District to allow a new surface parking lot east of helipad on Mercy Drive., Rezonings. Request•. by Royal Oaks / Michael Weber to rezone 19 23 acres in Silver' Oaks Estates from county to R-3 Moderate Density Multi• Family Residential Dis- trict in, Conjunction with annexation to the City, of Dubuque. Request by Sam Murley and Ron Klein to rezone , approxi- mately 4 acres on Stone Valley - Drive from C-3 General Commercial to PUD Planned Unit Develop- ment, with a PR Planned `, Residential designation. Copies of supporting documents for the public hearings are on file in the City Clerk's Office, City Hall, 50 W. 13th ` St., Dubuque, Iowa, and may be viewed during normal working hours. Written comments regarding the above public hearings may be submitted, to the City Clerk's Office on or before said time ofpla timeandplac bic hearing said public hearings all interested citizens arid parties will be given an opportunity to be heard for or against said proposal. Any visual or hearing- impaired persons need- ing special assistance or persons with special accessibility '' needs should contact the City Clerk's Office at (563) 1 589-4100; or TDD (563) 690-6678 at least 48 hours prior to the meeting. Kevin S. Firnstahl; CMC, City Clerk it 4/6 Cf ll ,9uyrs+.A 9 Il� f Y., x ,�,y c .1,21020 Prepared by: Laura Carstens, City Planner Address: 50 W. 13th St., City Hall Telephone: 589-4210 Return to: Kevin Firnstahl, City Clerk Address: City Hall- 50 W. 13th Street Telephone: 589-4121 ORDINANCE NO. -18 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED SOUTH OF STONE VALLEY 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 L English Ridge Estates, 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. Apartment dwellings. 2. Single-family detached dwellings. 3. Townhouse dwellings. 4. Condominium dwellings. 5. Housing for the elderly or persons with disabilities 6. Parks, public or private, and similar natural recreation areas. Ordinance No. -18 Page 2 Stone Valley Drive Conditional Uses: 1. Licensed child care. 2. Licensed adult day services. B. Lot and Bulk Regulations. Development of land in the PR Planned Residential District shall be regulated as follows: 1. Buildings setbacks shall be located in substantial conformance with the approved conceptual development plan. 2. Maximum building height of 40 feet shall be allowed in this Planned Residential District. 3. Unless otherwise indicated, the development of the property in this Planned Residential District shall be regulated by Section 16- 5-5 of the Unified Development Code, R-3 Moderate Density Multi -Family Residential District. C. Performance Standards The development and maintenance of uses in this PR Planned Residential District shall be regulated as follows: 1. Property Development a. A maximum of 60 dwelling units of all types shall be constructed. b. A secondary emergency access shall be constructed after dwelling units are developed. 2. Parking Regulations a. Off-street parking shall be provided based on the approved conceptual plan. 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. Ordinance No. -18 Page 3 Stone Valley Drive 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 the local, state, or federal requirements in effect at the time of development. 3. 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. 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. 4. Landscaping Landscaping shall be provided in compliance with Section 13-4 Landscaping and Screening Requirements of the Unified Development Code. 5. Storm Water Management The developer of each lot 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 Engineering Department of the City of Dubuque. Other applicable regulations Ordinance No. -18 Page 4 Stone Valley Drive enforced by the City of Dubuque relative to storm water management and drainage shall apply to properties in the PUD District. 6. Platting: The conceptual development plan shall serve as the preliminary plat for this PUD District. Subdivision plats and improvement plans shall be submitted in accordance with Article 11. Land Subdivision, of the City of Dubuque Unified Development Code. 7. Site Plans: Final site development plans shall be submitted in accordance with Article 12 Site Plans and Article 13 Site Design Standards prior to construction of each building and vehicle - related feature unless otherwise exempted by Article 12. D. Sign Regulations 1. Signs in the Planned Residential District shall be regulated in accordance with the R-3 Moderate Density Multi -Family Residential Zoning District sign regulations, Section 16-15-11.1 of the Unified Development Code. 2. Variance requests from sign requirements for size, number and height shall be reviewed by the Zoning Board of Adjustment in accordance with Section 16-8-6 of the Unified Development Code. E. Other Codes and Regulations 1. 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. F. Transfer of Ownership 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. Ordinance No. -18 Page 5 Stone Valley Drive G. Modifications Any modifications of this Ordinance must be approved by the City Council in accordance with zoning reclassification proceedings of Article 9-5 of the Unified Development Code. H. Recording A copy of this ordinance shall be recorded at the expense of the property owner(s) with the Dubuque County Recorder a permanent record of the conditions accepted as part of this reclassification approval within thirty (30) days after the adoption of this ordinance. 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 Attest: Kevin. S. Firnstahl, City Clerk day of 2018. Roy D. Buol, Mayor Our neighbors and I have been informed that the property behind us will now be used for the development of a Targe apartment complex. For several years we were told that this land would be green space and the council had a budget of sorts for its development. As you can see by the attached photo, whenever the snow melts or it rains more than an inch, we have a pond backing up to our property line. This started when the developer put in a dirt road and failed to place the drainage tile low enough to drain away the excess water. Before the road was placed there, the excess water simply drained into the basin designed for that purpose. This property has never been maintained properly and currently along with the pond forming we also have a variety of animals now living in the drainage area; beavers, muskrats, ducks and other water fowl. To my knowledge no one has complained about the developers inability to maintain this area properly and those of us on this side of Kingsley have taken it upon ourselves to maintain the area up to and in some cases on top of the dirt road he installed. Why should we expect the developers to maintain the property with an apartment building on it any better than it is being taken care of now? At this point, the best use of the land would be for it to be a green space for wildlife viewing and perhaps a walking trail. The city of Asbury had a similar area just behind Antler Ridge and it is now a low maintenance green area with wetland for water fowl and other animals. Please look to the future and make this neighborhood into a beautiful living area that all of our neighbors had dreams this area would become. Carol Krayer Received in WebQA; response sent by email 2/16/18. PER 1 6 2018 CITY OF DUBUQUE PLANNING SERVICES DEPARTMENT February 26, 2018 Dear Zoning Board RECEI1WE FEB 2 5 2018 CITY OF DUBUQUE PLANNING SERVICES DEPARTMENT I am writing regarding the proposed zoning change to PUD and the proposed 90 unit apartment complex on the land West of Kingsley lane. In accordance to the Unified Development Code, the impact on residents is to be taken into consideration in addressing such rezoning request. As the English Ridge subdivision was established with covenants, there is a set of requirements that the resident of this neighborhood are held to. Clearly the proposed development would have a high density of people compared to the adjoining residential area. The code states that, "The density and design of the PUD shall be compatible in use, size and type of structure, relative amount of open space, traffic circulation and general layout with adjoining land uses, and shall be integrated into the neighborhood." A concern I have regarding the traffic circulation and general layout is the proposed entrance off of Stone Valley and the emergency entrance off of Kingsley Lane. Stone Valley Drive has corners that have been the source of several accidents with the current level of traffic. A better solution to the traffic flow would be to create the primary entrance off of Chesterfield and the emergency entrance off of Stone Valley Drive. Under no circumstance should an entrance open to the general public be allowed of off Kingsley Lane as that is not consistent with the design of the neighborhood and there is another alterative available. The unified Development code also states a list of seven specific standards that shall be established. Included in this list are the Minimum set back and the minimum land scape screening requirement. The code is written to protect the interest of adjoining property owners and states "Specific landscaping/screening/lighting requirements to maintain privacy or reduce impacts in adjoining properties." shall be established. The land scape screening requirement and setback have to be set high enough to protect the current property owners and also be written with a time line for installation. Furthermore, there should be a clear expression that the setback and landscape screening requirement cannot be altered to a lower standard in the future. Clearly the Unified Development Code states a desire to protect existing resident property owners and this rezoning cannot take place unless this development is done in a manner that provides that protection. Sincerely, Joseph and Kathleen Pfeiler 6645 Kingsley Lane Kyle Kritz From: Elana Shinkle <shinkleelana@gmail.com> Sent: Monday, March 5, 2018 10:14 PM To: Kyle Kritz Subject: Plea for the wildlife of English Ridge Dear Mr. Kritz, As one of the first residents of English Ridge, I have been heartened to see our small trees grow and, with them, the arrival of wildlife such as the tricolor blackbirds that I hear singing in the "marsh" when I walk to get the mail. Neighbors have mentioned a variety of other birds, as well as mammals, that are raising families in what is in effect a rare water feature for our area. It would be heartbreaking to see that area disturbed by development, other than perhaps a walking trail. There is also a concern of flooding, which has repeatedly affected some of the lower -lying houses in our area. Please encourage Ron Klein to locate his apartment buildings in another "new" area that has not already developed an ecosystem. Maybe he could find an area near emergency services as well; we are quite far from existing fire departments. Thank you for your consideration. Elana Shinkle Click here to report this email as spam. 1 s�CD�I� MAR c918 CITY OF DUBUQUE PLANNING SERVICES DEPARTMENT i'aCE11WED Iva - X18 Comments on (proposed) zoning change from C3 Monday, Ma h 5, -y - ITY OF DUBUQUE PLANNING SERVICES DEPARTMENT My name is Dawn Young. I am a current homeowner in the English Ridge subdivision. residents, including me, are concerned about the proposed change. Residents who purchased homes in this subdivision, did so because this subdivision was planned and marketed as single family residences. Potential buyers who went on to become homeowners in this area were made aware of the fact that the area near Portzen Construction was a C3 designation. For me personally, I was comfortable with that zone. I had been informed, knew what it was, and there was no indication that it would be changed. Homes sold in this area range from the $250,000 mark, to upwards of $340,000. Taxes are higher than elsewhere in the city, and with that higher tax bill, homeowners expect to have what they were presented with upon purchase: a subdivision containing single family homes on the edge of town. The area has a distinct country flavor, due to being surrounded by cornfields and a wetlands type area which attract deer, several species of birds, and even beavers; but is still conveniently located close to west end businesses. Many people, myself included, purchased in this area for this specific combination. Also, a concern is the fact that the City of Dubuque has been promising a park; this dates to the creation of the subdivision. This neighborhood is filled with children of all ages and would greatly benefit from a park. It is concerning to learn that a zoning change is suddenly on the city's radar, while the park appears to be slated for "future development" with no potential construction date in sight. To a current resident, it would appear that what is important to the city is the developer, and the increasing tax base, and not the residents who currently reside here. I invite you to drive through our neighborhood any day there is no school, and the weather is good. There are many, many kids out playing, clearly visible. You will see that the street most affected by the potential zoning change, Kingsley, is jam packed with kids out playing ball, on their bicycles, tricycles or simply being outside, spilling into the street, because there is nowhere to go. To me, this is a clear safety concern with the residents we currently have. If 90 apartments are added, it is my expectation this safety hazard would only increase. Yet, this zoning change is moving so much faster than our park that has been promised. At the very least, it seems like common sense to align these projects so they progress on the same timeline. I also respectfully ask you to take a close look at the developer, Ron Klein. It has been my personal experience that he does not always deliver what he promises. In my own experience, I had a water runoff issue on my property. This can be verified with the City Engineering Department. I spoke to Mr. Klein several times, asking for help with the field runoff. I naively expected that, as one of the owners of the subdivision, that he would be more than willing to help lay extra tile, or work with me to mitigate a problem experienced by me as well as surrounding neighbors. It was only after I had spent $6,000-7,000 of my own funds, and he was approached by myself and two other neighbors, that he (begrudgingly) agreed to help. This was AFTER both myself and my neighbors on Wilshire Drive, had experienced water in the basement areas of our respective homes. Others on North Dorchester have had water issues as well, with no cooperation from Mr. Klein. If you'd like specific names, please let me know and I can arrange for them reach out to you. Additionally, please review the photos I've attached of the debris routinely left in random spots around the subdivision. These discarded construction materials are a safety hazard, due to the nature of the materials, and as a trip hazard with sidewalks still to be poured in many areas. And, they are just plain unsightly. The photos also include a large construction trailer that is parked in areas that regularly hamper snow removal. The concern is that with a large-scale project, as described in the plans for the apartment complex, that based on previous history, the debris around the neighborhood will be multiplied exponentially. A zoning plan that includes additional single family residences, instead of apartments, with provisions for a community park and continued existence of wetland/greenspace type areas would be a better fit with existing residents. After all, that is the expectation of people who bought/built homes here. We could also reasonably expect the same level of construction debris and contractor traffic. In closing, my questions for the commission are: 1. Why does it need to be apartments? Is there potential for continued single family residences? 2. Is it feasible to include a park in the plans for the safety reasons previously stated? 3. Is there a plan for relocation of displaced wildlife due to construction? I respectfully ask that you put yourselves in our place for a moment. Please, consider a situation where you have a new home, a new baby, and/or several young children. If you had been told at purchase and subsequently moved here with the expectation of moving to a quiet, family friendly neighborhood, knowing that only single family residences were being built, and a park for your kids was coming, how would you feel upon learning that everything you were told about the neighborhood wasn't going to be as described before you made the purchase? Wouldn't you be concerned? Wouldn't you have questions about the development? This is our home. As valued members of the community, we should have a voice in any future development. It is the right thing to do. Thank you, Dawn Young 6624 S Dorchester Ln English Ridge Subdivision nitc-r er — J-141 a S Dear City Council Members: We, the undersigned, respectfully ask for no zoning changes to the parcel adjacent to English Ridge Subdivision from C-3 to PUD not because we are anti -growth, but because we are enthusiastic supports of smart, planned urban development. Our most compelling reason include but are not limited to the following: The potential apartment complex will over double the number of people in our subdivision and will approximately triple the traffic once the SW Arterial project is complete. The direct access to Hwy 20 will also prove to be more dangerous with this increased traffic until the new frontage roads are complete. In addition, this development will create a high risk intersection with heavy traffic flow as well as heavy pedestrian traffic because of the location of the community mailboxes. The angle of the street and mailboxes also creates a dangerous intersection for the heavy flow of traffic • The doubling of our population will put a strain on our already overcrowded elementary school (Hoover, specifically). • With the nearest fire station located on JFK the doubling of our population increases the risks of fire and emergency services ability to respond. • Because of the nature of the development and vast amount of concrete, we are concemed it will increase flooding in an area that already experiences frequent drainage issues. • Our subdivision is governed by a strict covenant, which, in part, prohibits rental tenants, and this new proposed development goes against the standards of which we are expected to follow. We moved to this neighborhood, in part, because of the higher standards we agreed to with the covenant in place. With the proposed development, we are losing that higher standard and quality of living. DATE SIGNATURE PRINTED NAME ADDRESS COMMENTS 2/ /21 ND/42-a-) -ice--Ec-i(vc0 leatl, M1 kte L. ./:,- - _fvieil , ap L( 3 / s Lois ir,;(-, 2 2/2LI I - warm, i..� . (� (Q (� k 1�, Lg(e3� S IIS11rrZ Ln �_ /1- 52(z}3 ZyAli(AMIElgriS • 11 u -el I bga_ :Tk 5-z4-70 49—ii{'tY1u..t (0(eg s._ Iiv, k s vo- e w, atol ,h"i7rM ; , e(nnie,CC �cl/) 66 8 5, (,t;),Jsli� . 61 JLvL4 l i,),,` L ` S. 1.1,1,sfc. Lr, •)i -a(1,1/4.30 U 0.47(kCo"D �C 0Cr 1 S vs ,�Sl�1. L ~a Sa s� s 0c53 LW,A C(7- c„,677....--7 ,5 ,._,:t5 Dear City Council Members: We, the undersigned, respectfully ask for no zoning changes to the parcel adjacent to English Ridge Subdivision from C-3 to PUD not because we are anti -growth, but because we are enthusiastic supports of smart, planned urban development. Our most compelling reason include but are not limited to the following: • The potential apartment complex will over double the number of people in our subdivision and will approximately triple the traffic once the SW Arterial project is complete. The direct access to Hwy 20 will also prove to be more dangerous with this increased traffic until the new frontage roads are complete. In addition, this development will create a high risk intersection with heavy traffic flow as well as heavy pedestrian traffic because of the location of the community mailboxes. The angle of the street and mailboxes also creates a dangerous intersection for the heavy flow of traffic • The doubling of our population will put a strain on our already overcrowded elementary school (Hoover, specifically). • With the nearest fire station located on JFK, the doubling of our population increases the risks of fire and emergency services ability to respond. • Because of the nature of the development and vast amount of concrete, we are concerned it will increase flooding in an area that already experiences frequent drainage issues. • Our subdivision is governed by a strict covenant, which, in part, prohibits rental tenants, and this new proposed development goes against the standards of which we are expected to follow. We moved to this neighborhood, in part, because of the higher standards we agreed to with the covenant in place. With the proposed development, we are losing that higher standard and quality of living. DATE SIGNATURE PRINTED NAME ADDRESS COMMENTS 2/27%; %---- JGhn kieit/12C_ Li2 6 07k. I 11 ki I` l Camel n n� 1-1 zD b 7 ZI 2:17 / / 4 1 /4/6",..._ 50 0. ✓!moi /y 61 X10 abo ,, J�j 31 _ !/! 6 Ie --)7//1e. 6513 ii/- 6t. e:„ 1 ; s /g/1g / C ti P Ts /tfCaSi 3A�� _ - /J / (� �- �en r r!�s 6-5Y3.� f `avrhe4S%-j Dear City Council Members: We, the undersigned, respectfully ask for no zoning changes to the parcel adjacent to English Ridge Subdivision from C-3 to PUD not because we are anti -growth, but because we are enthusiastic supports of smart, planned urban development. Our most compelling reason include but are not limited to the following: • The potential apartment complex will over double the number of people in our subdivision and will approximately triple the traffic once the SW Arterial project is complete. The direct access to Hwy 20 will also prove to be more dangerous with this increased traffic until the new frontage roads are complete. In addition, this development will create a high risk intersection with heavy traffic flow as well as heavy pedestrian traffic because of the location of the community mailboxes. The angle of the street and mailboxes also creates a dangerous intersection for the heavy flow of traffic • The doubling of our population will put a strain on our already overcrowded elementary school (Hoover, specifically)_ • With the nearest fire station located on JFK, the doubling of our population increases the risks of fire and emergency services ability to respond. • Because of the nature of the development and vast amount of concrete, we are concerned it will increase flooding in an area that already experiences frequent drainage issues. • Our subdivision is governed by a strict covenant, which, in part, prohibits rental tenants, and this new proposed development goes against the standards of which we are expected to follow. We moved to this neighborhood, in part, because of the higher standards we agreed to with the covenant in place. With the proposed development, we are losing that higher standard and quality of living. 44 0 DATE SIGNATURE PRINTED NAME ADDRESS COMMENTS iU � - \ c.\I F'r Co (o k s- 6 G IAV LIA v)'j ` �,' LZi T ;t f d L /(--e!_/ } [I 1-r( i �t-V- C�%f. y .� !`/ 1�.cf' (12 Lj 'vi,`' (/ / .f ...% / /:ti .�Y1ir ', --- f—j[$��/ /j/j gr .1 Cie ti ve,r /,rvY - 2 / 1-/ Il i'/ i - - te4/0.4-- (7�/Yr"✓_S___ ^'1 S;E ✓�.-c�,N� / (..04:,;(-) 16 ),-i •plc Liv, i , , .-„, • •,•:__.. `,....._,..... ') ..Y.;\ \i"\°,(.:, (.,(7,(4\,, !(..,•6•.,;I:k...‘,/ .1\ zi .1.'-'21/hi • 1 k2/,,,, _J-,---11-- ftarrniapl-A. /...S.A/.1 .5 le Zd Z'= ?�/( 1 ltL (. � � E I " v'I�'t, � - `'.4" y u y Pon g 1/ 1 titil (;) 12 .“; 'Li 1/1, (2\t'11-11. r 2'1- .,./iv,:,,v(\_ Cv/-1 �Ci✓1 ( 66')L `ki i\ ' /- I /1 ;2/9411 5 �,=%� Lre,,% 6� - 465 X151-eY Z (1j1-124-- ., .. .\ ) j (..L _-t._....�.. `/G/..�� cJ r/C.t._o'/ 6 i (( (r )$ "15 Luj �' Dear City Council Members: We, the undersigned, respectfully ask for no zoning changes to the parcel adjacent to English Ridge Subdivision from C-3 to PUD not because we are anti -growth, but because we are enthusiastic supports of smart, planned urban development. Our most compelling reason include but are not limited to the following: • The potential apartment complex will over double the number of people in our subdivision and will approximately triple the traffic once the SW Arterial project is complete. The direct access to Hwy 20 will also prove to be more dangerous with this increased traffic until the new frontage roads are complete. In addition, this development will create a high risk intersection with heavy traffic flow as well as heavy pedestrian traffic because of the location of the community mailboxes. The angle of the street and mailboxes also creates a dangerous intersection for the heavy flow of traffic • The doubling of our population will put a strain on our already overcrowded elementary school (Hoover, specifically)- • With the nearest fire station located on JFK, the doubling of our population increases the risks of fire and emergency services ability to respond. • Because of the nature of the development and vast amount of concrete, we are concerned it will increase flooding in an area that already experiences frequent drainage issues. • Our subdivision is govemed by a strict covenant, which, in part, prohibits rental tenants, and this new proposed development goes against the standards of which we are expected to follow. We moved to this neighborhood, in part, because of the higher standards we agreed to with the covenant in place. With the proposed development, we are losing that higher standard and quality of living. DATE SIGNATURE PRINTED NAME ADDRESS COMMENTS f 8 f �xiv�'1 r �Stal %m l '762`— 0 cr t� • c:t . hu u, iA lctt3 o ru,cnot -fir �l0 ,s %6 // a° 71/Xlittii----c----)4--a144AVii- /14 /C,/i.a. P.- / 5.--htisitittl_ 1sed kill S/c° c : „. / /vL-42-- ' Pat (1 ,81(. -A --an AA/4,, z,6,3-„kas't r LG., , 6Fl,_,_f 1; ,...39.at, j VIs /� i6 ;: i.(e t .1 . �,. 51-1h e -f 8 e.N h? tf i y, ,.5---f S.-dt,/e.s7(Py, 4. (1 Tb R n, Jet._ 21ZSii? itVt 0 CIAA4 / ' Ogt pavis put.blAp. i r1 510).3 J0� ,t I i 1 A 1. t� �- , je t'lb (i-e,tJ (01(665t46 ( J. Q0fe_ L'\ 0 Lb.iro<�.' ),\asjtt G V �- I \ f- d o (r r e� , 6tgl Sly: cw(kr- f011( ? 1 : L ll�ti'IZ Lr,13Jk rV 9\1} 1 ” , dv. , �, ' L eVg-- 0\G( \s Y-41 j?.5i` Vr L1�r,' , ,,, - -c,,§ I:1 2 LSI t' 67' 4k (: 2 -r 6 e r.�& T'i\cyE 4 S(� N) S-�;e rle5i-,e_ G.; bz b`1QU IIF\ J2ca3 DATE L2/.:).Sr- SIGNATURE - """ PRINTED NAME /rW/5r/V 61-xk y ADDRESS 4-1S- 1J2If ni-v,. :h49.T1\ COMMENTS iv; A lrv-l\p. 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GS3S N Ca_UQr\r,k;s 1, 2 1;1-- 1 IL l.j Brad\ Sch i -- (Q (D I S 4tIl tilt vt c' )," X) mA; rNrw (3a4/9,160 C,4,?-6-6 w i45Au lui DATE ��r a SIGNATURE A-‘2 ((^�.�-A—t- PRINTED NAME L.� Oat S_ f :, a- ADDRESS (_9'0'- 1�, d\, Gjr l_A-Le6ve-fs,k9 COMMENTS ort+/ -� � 1 ►1 ‘� RS S �_ \Ii-crt - '�-� i2TEf7' Dias 0 k *-h ma,. \c)1( (o66 ' 0 d•-r5 YeiJi QL/An 16.1\ck .\1`1 \sovi Lp5z5- Kil leil G1/4- P\ eio-‘i- „ t ,27,‹ f � / fes/ !/t/' i S c,NI ) / /r 4S-c /6'; 6-_- �__f .Z;,: `�c �/" ChanQ� C J Silit 1 + i Mel k. Gok &SEG KinGiS'Itti pplv 1.5sue3 Z/i4 ___ fl ret,471--Cook- L % 16 t ri C-17 0 (Q,)c -7Ye( G r iieS -•-\\--Tk-4 . 4-2 kSS'Cve ,; --\ 2< R ,&9c 7-)_ Q-it 7UsTlr) we ��D onato M ,e9-)54iing5lift syr t r6S[Ey (i ti—a-rFIc-- - / E -Sins Z' z �V .� glade'_geti tYn&ane)•,� x�tc n S? 0o �h.� 1 �-, .co.). G\— / fl--J: c 1-3 e14 r (tOr` sc o /1 oVorx TJr/ o l( C06 4 s, Ca v end/ _-A L n -reo to ttai Ale-TA/t "r . 3 ?g, �� i /—/SRR 5a(kEaz 162/0 5 CdVEAb1s� 4/le 2/kC C�ziTev i _. Alb A • • • t_rio at. v THE CITY OF Dus Masterpiece on the Mississippi Dubuque heal All -atria dsy 111111 2007-2012 2013-2017 TO: Michael C. Van Milligen, City Manager FROM: Laura Carstens, Planning Services Manager SUBJECT: Percent Opposition to Stone Valley PUD, English Ridge Subdivision DATE: April 16, 2018 Unified Development Code (UDC) Section 16-9-5-3. C. sets forth the City Council Action for a Rezoning Request when a Written Protest Against Request has been filed: Furthermore, in case of a written protest against the reclassification request which is filed with the city clerk and signed by the owners of twenty percent (20%) or more of the area of the lots included in the request, or by the owners of twenty percent (20%) or more of the property which is located within two hundred feet (200') of the exterior boundaries of the property being considered for reclassification, such request shall not be enacted except by the favorable vote of at least three-fourths (3/4) of the council. Property owned by the city or located in the public right of way shall not be considered in the above calculation of twenty percent (20%) area of property ownership. (Ord. 52-09, 10-19-2009) Planning Services staff calculated the percentage of written opposition to the rezoning request for Stone Valley PUD in English Ridge Subdivision from the owners of property within 200 feet of the subject property as 19.1 %. The additional written opposition filed with the City Council on this rezoning request is outside the 200 -foot boundary. Therefore, a super majority vote of 3/4 of the City Council is not triggered by a written protest for this request because the percentage is less than 20%. The super majority vote of 3/4 of the City Council is still required, however, due to the lack of four affirmative votes by the Zoning Advisory Commission. As discussed under a separate memo, the Commission voted to recommend the request by a vote of 3 to 2, but UDC Section 16-9-5-3. B. states: The affirmative vote of at least four (4) commission members shall be required to constitute a recommendation of approval of a zoning reclassification request, and any lesser number of affirmative votes shall constitute a recommendation of denial of the request. The recommendation of the commission shall forthwith be transmitted to the city clerk. (Ord. 52-09, 10-19-2009) This memo is provided for information only. cc: Crenna Brumwell, City Attorney Kevin Firnstahl, City Clerk F:\Users\LCARSTEN\WP\Memo MVM percent opp Stone Valley PUD.doc DEPARTMENT: 30 - Leisure Services Park Division STATE PROGRAM: 4C - Culture & Recreation PROJECT TITLE: English Ridge Park Development YEAR FIRST FY2010 SUBMITTED: ACTIVITY NO: 360-2738 TOTAL PROJECT COST $ 150,000 2017 2018 EXPENSE BUDGET PROJECT BUDGET 2019 2020 2021 2022 2023 2024 A. EXPENDITURE ITEMS Design & Engineering $ — $ — $ — $ — $ — $ $ 63,466 Construction $ 86,534 $ — $ — $ — $ — $ $ — $ 63,466 TOTAL $ 86,534 $ — $ — $ — $ — $ B. PROJECT FINANCING $ 63,466 English Ridge Housing TIF $ 86,534 $ — $ — $ — $ — $ $ — $ 63,466 TOTAL $ 86,534 $ — $ — $ — $ — $ — C. IMPACT - OPERATIONS Operating Cost (Savings) $ — $ 12,000 $ 12,000 $ 12,000 $ 12,000 $ 12,000 Operating Revenue $ — $ — $ — $ — $ — $ — PROJECT DESCRIPTION/JUSTIFICATION This project provides for developing a mini park in the English Ridge subdivision off Stone Valley Drive. The developer of the English Ridge subdivision has donated this property to the City for park purposes. The City Council approved the subdivision in 2009 with no specific time line commitment. This park would primarily serve homes in the subdivision. The park development would include a playground and park amenities. RELATIONSHIP TO OTHER PROJECTS This project is not related to other capital projects. OUTCOME Diverse Arts, Culture, Parks and Recreation: Have well-maintained and upgraded parks and park amenities FUNDING RESTRICTIONS This project is restricted to English Ridge Housing TIF. 1 City of Dubuque Housing TIF Summary - English Ridge -170 Lots TIF Revenue FY English English Ridge Ridge Low Income Public Imp. To Developer Public Improvement Cumulative TIF 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 TIF Revenue TIF Funds Committed 76,706 296,544 113,752 138,084 164,237 192,327 222,480 314,254 330,805 348,133 386,148 2,583,470 1,683,456 Subdivision Improvements Fiber Conduit & Vaults Total Subdivision Improve. Public Improvements Park - Phase I Park - Phase II English Mill Pump Station Water System Acquisition & Improvements Fiber Conduits and Vaults Water Total Public Improvements Total Improvements 124,621 131,988 184,810 224,342 266,831 312,469 361,457 510,560 537,449 80,536 2,735,063 2,735,063 $ 189,000 31,155 32,997 46,202 56,086 22,560 $ 189,000 $ 100,000 $ 50,000 $ 500,000 $ 1,692,000 $ 25,313 $ 178,750 $ 2,546,063 $ 2,735,063 189,000 93,466 192,457 331,064 499,321 743,592 1,056,061 1,417,518 1,928,078 2,465,527 3,031,130 3,658,494 THE CITY OF Dus Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Laura Carstens, Planning Services Manager -" SUBJECT: Response to English Ridge Questions for City Council Meeting DATE: April 16, 2018 Dubuque All•AreriC. aly '1I11' 2007.2012 2013.2017 This memo provides a written public response to the English Ridge questions below for the April 16, 2018 City Council meeting that you requested. As you directed, we have broadened the answer to include information about the reasons for dedicating a park and information about the attached Housing Tax Increment Financing (TIF) Agreement. Also attached is the City brochure on Housing TIF Districts. In English Ridge Subdivision's TIF agreement, was there a green space/park requirement? Yes. The Housing TIF Agreement for the English Ridge Subdivision adopted on February 15, 2016 describes a park requirement in Section 3. City Participation: 3.1 Park Construction. City will construct a park by no later than the completion of fifty percent (50%) of the residential homes within the Development. There will be sufficient money available from the Housing TIF to build the park in Fiscal Year 2019, upon construction of the new frontage road for the Southwest Arterial project. Budget Director Jenny Larson has provided the attached chart of English Ridge Housing TIF revenues that projects sufficient funds in Fiscal Year 2019 for the attached English Ridge Park Development Capital Improvement Program (CIP) budget. Leisure Services Manager Marie Ware reported that the park's construction is timed to avoid conflicts between park improvements and adjacent road construction. Has that green space/park requirement been fulfilled? Yes. The Unified Development Code (UDC) guidelines for Computation of Recreational Open Space Required as per Sectionl6-11-9-1 are as follows: A. The suggested amount of recreational open space in a proposed development generally should be five hundred (500) square feet per proposed detached single-family home and three hundred (300) square feet per proposed multi -family unit. The multi -family dwelling unit rate applies to any residential dwelling unit other than detached single-family dwellings. When a plat is requested for mixed land uses, this subsection shall apply only to those areas of the plat devoted to residential uses. 1 B. The recreational open space may include waterways, detention/retention areas, and ponds provided that those areas do not constitute more than fifty percent (50%) of the amount of recreational open space required in subsection A of this section. C. Where the proposed subdivision abuts undeveloped lands, the recreational open space land may be located adjacent to the subdivision boundaries with the undeveloped land, at the discretion of the city council, to allow the recreational open space to be increased in size when the adjacent property develops. (Ord. 52-09, 10-19-2009) The English Ridge Subdivision was initially approved in 2007 so it was not subject to the recreational open space guideline established Section 16-11-9.1 of the UDC. However, the developers did dedicate a 1.85 -acre parcel (Lot K) to the City as part of phase one of the Subdivision for a future park anyway. If the guideline was applied, the 136 building lots in the subdivision would stipulate that 1.56 -acre recreational open space be provided. So, English Ridge Subdivision, as originally approved, exceeded the UDC guideline even though it was not subject to it. The Stone Valley Planned Unit Development (PUD) proposal to rezone a portion of Lot L for 60 dwelling units is not subject to the guideline as the request is for a PUD and not a new subdivision; therefore, it is not subject to UDC Section 16-11-9.1 but its factored in anyway. The PUD's 60 multi -family units would require 18,000 square feet (0.43 acre) of open space per the UDC guideline (60 multi -family units x 300 square feet/ multi -family unit = 18,000 square feet). The proposed PUD provides 11,000 square feet (0.25 acre) of open space and pool area. When the UDC guideline is applied to the 60 residential units in the PUD combined with the 136 residential lots in the Subdivision, then the entire residential area should have a 1.97 -acre park to meet the guideline. The existing Lot K dedicated to the City for a park is 1.85 -acre. Adding the 0.25 acre for the PUD pool area results in a total open space of 2.10 acres for the entire residential area. This exceeds the guideline of 1.97 acres. Is the detention basin area also the green space/park? No, it was not needed in this case. A detention basin can be used towards achieving the UDC recreational open space guideline, but it was not needed in English Ridge Subdivision. Lot A (Storm Water Detention) in the Subdivision is 2.11 acres. If included, the total recreational open space is more than doubled to 4.21 acres. This exceeds the UDC guideline of 1.97 acres. If yes, was this green space/park land purchased from Mr. Murley? No. The developers at the time of plat approval dedicated the 1.85 -acre Lot K to the City for a park. Dedication means that the developers donated the land to the City for a future park at no cost. Attachments cc: Crenna Brumwell, City Attorney Kevin Firnstahl, City Clerk Marie Ware, Leisure Services Manager Jenny Larson, Budget Director F:\Users\LCARSTEN\WP\Council items\Memo MVM English Ridge questions.doc 2 THE CITY OF Dui Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Laura Carstens, Planning Services Manager SUBJECT: Response to English Ridge Questions for City Council Meeting DATE: April 16, 2018 Dubuque knatici All•A.ericcAMINfil 1,1,1 ah 1111' 2007.2012 2013.2017 This memo provides a written public response to the English Ridge questions below for the April 16, 2018 City Council meeting that you requested. As you directed, we have broadened the answer to include information about the reasons for dedicating a park and information about the attached Housing Tax Increment Financing (TIF) Agreement. Also attached is the City brochure on Housing TIF Districts. In English Ridge Subdivision's TIF agreement, was there a green space/park requirement? Yes. The Housing TIF Agreement for the English Ridge Subdivision adopted on February 15, 2016 describes a park requirement in Section 3. City Participation: 3.1 Park Construction. City will construct a park by no later than the completion of fifty percent (50%) of the residential homes within the Development. There will be sufficient money available from the Housing TIF to build the park in Fiscal Year 2019, upon construction of the new frontage road for the Southwest Arterial project. Budget Director Jenny Larson has provided the attached chart of English Ridge Housing TIF revenues that projects sufficient funds in Fiscal Year 2019 for the attached English Ridge Park Development Capital Improvement Program (CIP) budget. Leisure Services Manager Marie Ware reported that the park's construction is timed to avoid conflicts between park improvements and adjacent road construction. Has that green space/park requirement been fulfilled? Yes. The Unified Development Code (UDC) guidelines for Computation of Recreational Open Space Required as per Sectionl6-11-9-1 are as follows: A. The suggested amount of recreational open space in a proposed development generally should be five hundred (500) square feet per proposed detached single-family home and three hundred (300) square feet per proposed multi -family unit. The multi -family dwelling unit rate applies to any residential dwelling unit other than detached single-family dwellings. When a plat is requested for mixed land uses, this subsection shall apply only to those areas of the plat devoted to residential uses. 1 B. The recreational open space may include waterways, detention/retention areas, and ponds provided that those areas do not constitute more than fifty percent (50%) of the amount of recreational open space required in subsection A of this section. C. Where the proposed subdivision abuts undeveloped lands, the recreational open space land may be located adjacent to the subdivision boundaries with the undeveloped land, at the discretion of the city council, to allow the recreational open space to be increased in size when the adjacent property develops. (Ord. 52-09, 10-19-2009) The English Ridge Subdivision was initially approved in 2007 so it was not subject to the recreational open space guideline established Section 16-11-9.1 of the UDC. However, the developers did dedicate a 1.85 -acre parcel (Lot K) to the City as part of phase one of the Subdivision for a future park anyway. If the guideline was applied, the 136 building lots in the subdivision would stipulate that 1.56 -acre recreational open space be provided. So, English Ridge Subdivision, as originally approved, exceeded the UDC guideline even though it was not subject to it. The Stone Valley Planned Unit Development (PUD) proposal to rezone a portion of Lot L for 60 dwelling units is not subject to the guideline as the request is for a PUD and not a new subdivision; therefore, it is not subject to UDC Section 16-11-9.1 but its factored in anyway. The PUD's 60 multi -family units would require 18,000 square feet (0.43 acre) of open space per the UDC guideline (60 multi -family units x 300 square feet/ multi -family unit = 18,000 square feet). The proposed PUD provides 11,000 square feet (0.25 acre) of open space and pool area. When the UDC guideline is applied to the 60 residential units in the PUD combined with the 136 residential lots in the Subdivision, then the entire residential area should have a 1.97 -acre park to meet the guideline. The existing Lot K dedicated to the City for a park is 1.85 -acre. Adding the 0.25 acre for the PUD pool area results in a total open space of 2.10 acres for the entire residential area. This exceeds the guideline of 1.97 acres. Is the detention basin area also the green space/park? No, it was not needed in this case. A detention basin can be used towards achieving the UDC recreational open space guideline, but it was not needed in English Ridge Subdivision. Lot A (Storm Water Detention) in the Subdivision is 2.11 acres. If included, the total recreational open space is more than doubled to 4.21 acres. This exceeds the UDC guideline of 1.97 acres. If yes, was this green space/park land purchased from Mr. Murley? No. The developers at the time of plat approval dedicated the 1.85 -acre Lot K to the City for a park. Dedication means that the developers donated the land to the City for a future park at no cost. Attachments cc: Crenna Brumwell, City Attorney Kevin Firnstahl, City Clerk Marie Ware, Leisure Services Manager Jenny Larson, Budget Director F:\Users\LCARSTEN\WP\Council items\Memo MVM English Ridge questions.doc 2 City of Dubuque Housing TIF Summary - English Ridge -170 Lots TIF Revenue FY English English Ridge Ridge Low Income Public Imp. To Developer Public Improvement Cumulative TIF 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 TIF Revenue TIF Funds Committed 76,706 296,544 113,752 138,084 164,237 192,327 222,480 314,254 330,805 348,133 386,148 2,583,470 1,683,456 Subdivision Improvements Fiber Conduit & Vaults Total Subdivision Improve. Public Improvements Park - Phase I Park - Phase II English Mill Pump Station Water System Acquisition & Improvements Fiber Conduits and Vaults Water Total Public Improvements Total Improvements 124,621 131,988 184,810 224,342 266,831 312,469 361,457 510,560 537,449 80,536 2,735,063 2,735,063 $ 189,000 31,155 32,997 46,202 56,086 22,560 $ 189,000 $ 100,000 $ 50,000 $ 500,000 $ 1,692,000 $ 25,313 $ 178,750 $ 2,546,063 $ 2,735,063 189,000 93,466 192,457 331,064 499,321 743,592 1,056,061 1,417,518 1,928,078 2,465,527 3,031,130 3,658,494 DEPARTMENT: 30 - Leisure Services Park Division STATE PROGRAM: 4C - Culture & Recreation PROJECT TITLE: English Ridge Park Development YEAR FIRST FY2010 SUBMITTED: ACTIVITY NO: 360-2738 TOTAL PROJECT COST $ 150,000 2017 2018 EXPENSE BUDGET PROJECT BUDGET 2019 2020 2021 2022 2023 2024 A. EXPENDITURE ITEMS Design & Engineering $ — $ — $ — $ — $ — $ $ 63,466 Construction $ 86,534 $ — $ — $ — $ — $ $ — $ 63,466 TOTAL $ 86,534 $ — $ — $ — $ — $ B. PROJECT FINANCING $ 63,466 English Ridge Housing TIF $ 86,534 $ — $ — $ — $ — $ $ — $ 63,466 TOTAL $ 86,534 $ — $ — $ — $ — $ — C. IMPACT - OPERATIONS Operating Cost (Savings) $ — $ 12,000 $ 12,000 $ 12,000 $ 12,000 $ 12,000 Operating Revenue $ — $ — $ — $ — $ — $ — PROJECT DESCRIPTION/JUSTIFICATION This project provides for developing a mini park in the English Ridge subdivision off Stone Valley Drive. The developer of the English Ridge subdivision has donated this property to the City for park purposes. The City Council approved the subdivision in 2009 with no specific time line commitment. This park would primarily serve homes in the subdivision. The park development would include a playground and park amenities. RELATIONSHIP TO OTHER PROJECTS This project is not related to other capital projects. OUTCOME Diverse Arts, Culture, Parks and Recreation: Have well-maintained and upgraded parks and park amenities FUNDING RESTRICTIONS This project is restricted to English Ridge Housing TIF. 1 i um 11111n HIl I 11 11 lII i III Doc ID: 008451670054 Type: GEN Kind: AGREEMENT Recorded: 06/08/2016 at 01:18:57 PM Fee Amt: $272.00 Page 1 of 54 Dubuque County Iowa John Murphy Recorder Fi1e2016-00006970 RECORDER'S COVER SHEET AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND ENGLISH RIDGE, LLC FOR THE DEVELOPMENT OF THE ENGLISH RIDGE HOUSING URBAN RENEWAL AREA Preparer Information: Crenna Brumwell, City Attorney's Office, 300 Main St., Suite 330, Dubuque, IA 52001 (563) 589-4113 Taxpayer Information: English Ridge, LLC; Larry McDermott, Managing Member, 14407 Hwy 20 W., Dubuque, IA 52003 Return Document To: Kevin Firnstahl, City of Dubuque City Clerk, 50 West 13th Street, Dubuque, IA 52001 Legal Description: =. .`a_=sfr4046; Section 1: Legal Description of Project Area pay Grantors: Grantees: English Ridge, LLC The City of Dubuque, Iowa Attachments: Certified Resolution No. 40-16 Agreement Exhibit A Urban Renewal Plan Exhibit B Plats to include previously recorded documents 2014-00006890 English Ridge Subdivision No. 4 2014-00009028 English Ridge Subdivision No. 5 2011-00018300 English Ridge Place No. 1 Z-12_°°® It 1/i AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND ENGLISH RIDGE, L.L.C. This Agreement, dated for reference purposes the'' day of 2016, by and between the City of Dubuque, Iowa, a municipality ( ity), establi hed pursuant to Iowa Code and acting under authorization of Iowa Code Chapter 489, as amended (Urban Renewal Act), and English Ridge, L.L.C., an Iowa limited liability company with its principal place of business in Dubuque, Iowa (Developer). WHEREAS, in furtherance of the objectives of the Urban Renewal Act, City has undertaken an urban renewal project (the Project) to advance the community's ongoing economic development efforts; and WHEREAS, the Project is located within the English Ridge Housing Urban Renewal Area Economic Development District (the Project Area); and WHEREAS, as of the date of this Agreement an urban renewal plan for the Project Area consisting of the urban renewal plan for the English Ridge Housing Urban Renewal Area Economic Development District, was approved by the City Council of City on the 2nd day of November, 2015, (the Urban Renewal Plan); and WHEREAS, a copy of the Urban Renewal Plan, as constituted on the date of this Agreement, attached hereto as Exhibit A, is on file with the Clerk for the City; and WHEREAS, the Developer plans a development of single-family homes on all property owned by Developer as of the date of this Agreement (the Development Property) which is located in the Project Area, and thereafter to cause the same to be operated in accordance with this Agreement; and WHEREAS, the Developer is willing to cause certain infrastructure improvements to be constructed on and within the Development Property; and WHEREAS, the City intends to assist the Project through grants toward infrastructure improvements; and WHEREAS, City believes that the development of the Development Property pursuant to this Agreement, and the fulfillment generally of this Agreement, are in the vital and best interests of City and in accord with the public purposes and provisions of the applicable federal, state, and local laws and the requirements under which the Project has been undertaken and is being assisted. NOW THEREFORE, in consideration of the promises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: SECTION 1. LEGAL DESCRIPTION OF PROJECT AREA. ALL THAT PART OF THE RIGHT OF WAY OF STONE VALLEY DRIVE LYING BETWEEN THE SOUTHEASTERLY RIGHT OF WAY LINE OF U.S. HIGHWAY 20 AND THE WEST LINE OF ENGLISH RIDGE SUBDIVISION. LOTS B AND C ENGLISH RIDGE SUBDIVISION (CHESTERFIELD DR.), AND; LOT A ENGLISH RIDGE SUBDIVISION, AND; LOT L ENGLISH RIDGE SUBDIVISION, AND; LOT K ENGLISH RIDGE SUBDIVISION, AND; LOT J ENGLISH RIDGE SUBDIVISION, AND; LOTS 3 — 22, INCLUSIVE, IN BLOCK 1 ENGLISH RIDGE SUBDIVISION, AND; LOTS 1 — 23, INCLUSIVE, IN BLOCK 2 ENGLISH RIDGE SUBDIVISION, AND; ALL ADJOINING PUBLIC RIGHT OF WAY, ALL IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA. LOT 1 IN ENGLISH RIDGE PLACE NO. 1, AND; ALL ADJOINING PUBLIC RIGHT OF WAY, ALL IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA. LOTS 1 —21, INCLUSIVE, IN ENGLISH RIDGE SUBDIVISION NO. 2, AND; ALL ADJOINING PUBLIC RIGHT OF WAY, ALL IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA. LOTS 22 - 42, INCLUSIVE, IN ENGLISH RIDGE SUBDIVISION NO. 3, AND; ALL ADJOINING PUBLIC RIGHT OF WAY, ALL IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA. LOTS 53 IN ENGLISH RIDGE SUBDIVISION NO. 4, AND; ALL ADJOINING PUBLIC RIGHT OF WAY, ALL IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA. LOT B ENGLISH RIDGE SUBDIVISION NO. 5, AND: LOTS 43 - 52, INCLUSIVE, AND LOTS 54 - 64, INCLUSIVE, IN ENGLISH RIDGE SUBDIVISION NO. 6, AND; ALL ADJOINING PUBLIC RIGHT OF WAY, ALL IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA. LOT E ENGLISH RIDGE SUBDIVISION NO. 6, EXCEPTING THAT PORTION OF SAID LOT E LYING WITHIN THE PUBLIC RIGHT OF WAY OF ENGLISH MILL ROAD. 2 SECTION 2. DEVELOPMENT ACTIVITIES. 2.1 Required Improvements. City acknowledges that Developer is developing a residential development on the Development Property as shown on the plats attached hereto as Exhibit B. Developer agrees as follows: A. To consent to the inclusion of Developer's property in the Project Area; B. To install and dedicate fiber optic conduit, vaults, and appurtances as part of the infrastructure for English Ridge with an estimated cost of one hundred eighty nine thousand dollars ($189,000.00), Developer to be reimbursed for actual expenditures up to one hundred eighty nine thousand dollars ($189,000.00) certified to the City of Dubuque and subject to approval by the City. 2.2 Plans for Construction of Improvements. Plans and specifications with respect to the Development Property and the construction of improvements thereon (the Construction Plans) shall be in conformity with the Urban Renewal Plan, this Agreement, and all applicable state and local laws and regulations, including but not limited to any covenants, conditions, restrictions, reservations, easements, liens, and charges applicable to the Development Property, in the records of Dubuque County, Iowa. Developer shall submit to City, for approval by City, plans, drawings, specifications, and related documents with respect to the improvements to be constructed by Developer on the Development Property. All work with respect to the improvements shall be in substantial conformity with the Construction Plans approved by City. 2.3 Timing of Improvements. Developer hereby agrees that construction of improvements on the Development Property shall be commenced by April 1, 2017, and shall be built in conjunction with the streets within the Development. The time frames for the performance of these obligations shall be suspended due to unavoidable delays, meaning delays outside the control of the party claiming its occurrence in good faith, which are the direct result of strikes, other labor troubles, unusual shortages of materials or labor, unusually severe or prolonged bad weather, acts of God, fire, or other casualty to the improvements, litigation commenced by third parties which, by injunction or other similar judicial action or by the exercise of reasonable discretion directly results in delays, or acts of any federal, state, or local government which directly result in delays. The time for performance of such obligations shall be extended only for the period of such delay. SECTION 3. CITY PARTICIPATION. 3.1 Park Construction. City will construct a park by no later than the completion of fifty percent (50%) of the residential homes within the Development. 3.2 Low and Moderate Income Family Housing Assistance. 3 A. Pursuant to Iowa Code §403.22 the Project includes assistance for low and moderate income family housing. The amount to be provided for low and moderate income family housing shall be either equal to or greater than the percentage of the original Project cost that is equal to the percentage of low and moderate income residents for Dubuque County which is 38.1%. B. To fund the low -to -moderate income (LMI) housing assistance, City public improvements, and Developer's development activities, City shall certify to the County prior to December 1 of each year, commencing December 1, 2016, its request for the available Developer Tax Increments resulting from the assessments imposed by the County as of January 1 of that year, to be collected by City as taxes are paid during the following fiscal year and which shall thereafter be disbursed to Developer on November 1 and May 1 of that fiscal year. (Example: if City so certifies by December 2015, the Economic Development Grants in respect thereof would be paid to Developer on November 1, 2016 and May 1, 2017.) 3.3 Economic Development Grants. A. For and in consideration of Developer's obligations hereunder, and in furtherance of the goals and objectives of the urban renewal plan for the Project Area and the Urban Renewal Law, City agrees, subject to Developer being and remaining in compliance with the terms of this Agreement, to reimburse Developer for the actual cost of development activities as follows: Fiber Optic Installation: Estimated at $189,000 B. Grants, not to exceed a total of $189,000 during the term of the agreement, for development activities will be made as follows: City shall certify to the County prior to December 1 of each year, commencing December 1, 2016, its request for the available Developer Tax Increments resulting from the assessments imposed by the County as of January 1 of that year, to be collected by City as taxes are paid during the following fiscal year and which shall thereafter be disbursed to Developer on November 1 and May 1 of that fiscal year. November 1, 2017: 25% of the remaining yearly increment after the deduction of the 38.1% set-aside per Iowa Code §403.22 for low or moderate income families including single person households, earning no more than eighty percent of the higher of the median family income of the county or the statewide nonmetropolitan area as determined by the latest United States Department of Housing and Urban Development, Section 8 income guidelines (LMI Housing Assistance), but not to exceed the actual expenditures by Developer for Development Activities. 4 May 1, 2018: 25% of the remaining yearly increment after the deduction of the LMI Housing Assistance set-aside, but not to exceed the actual expenditures by Developer for Development Activities. November 1, 2018: 25% of the remaining yearly increment after the deduction of the LMI Housing Assistance set-aside, but not to exceed the actual expenditures by Developer for Development Activities. May 1, 2019: 25% of the remaining yearly increment after the deduction of the LMI Housing Assistance set-aside, but not to exceed the actual expenditures by Developer for Development Activities. November 1, 2019: 25% of the remaining yearly increment after the deduction of the LMI Housing Assistance set-aside, but not to exceed the actual expenditures by Developer for Development Activities. May 1, 2020: 25% of the remaining yearly increment after the deduction of the LMI Housing Assistance set-aside, but not to exceed the actual expenditures by Developer for Development Activities. November 1, 2020: 25% of the remaining yearly increment after the deduction of the LMI Housing Assistance set-aside, but not to exceed the actual expenditures by Developer for Development Activities. May 1, 2021: 25% of the remaining yearly increment after the deduction of the LMI Housing Assistance set-aside, but not to exceed the actual expenditures by Developer for Development Activities. November 1, 2021: 25% of the remaining yearly increment after the deduction of the LMI Housing Assistance set-aside, but not to exceed the actual expenditures by Developer for Development Activities. May 1, 2022: 25% of the remaining yearly increment after the deduction of the LMI Housing Assistance set-aside, but not to exceed the actual expenditures by Developer for Development Activities. November 1, 2022: 25% of the remaining yearly increment after the deduction of the LMI Housing Assistance set-aside, but not to exceed the actual expenditures by Developer for Development Activities. May 1, 2023: 25% of the remaining yearly increment after the deduction of the LMI Housing Assistance set-aside, but not to exceed the actual expenditures by Developer for Development Activities. November 1, 2023: 25% of the remaining yearly increment after the deduction of the LMI Housing Assistance set-aside, but not to exceed the actual expenditures by Developer for Development Activities. May 1, 2024: 25% of the remaining yearly increment after the deduction of the LMI Housing Assistance set-aside, but not to exceed the actual expenditures by Developer for Development Activities. November 1, 2024: 25% of the remaining yearly increment after the deduction of the LMI Housing Assistance set-aside, but not to exceed the actual expenditures by Developer for Development Activities. May 1, 2025: 25% of the remaining yearly increment after the deduction of the LMI Housing Assistance set-aside, but not to exceed the actual expenditures by Developer for Development Activities. November 1, 2025: 25% of the remaining yearly increment after the deduction of the LMI Housing Assistance set-aside, but not to exceed the actual expenditures by Developer for Development Activities. May 1, 2026: 25% of the remaining yearly increment after the deduction of the LMI Housing Assistance set-aside, but not to exceed the actual expenditures by Developer for Development Activities. November 1, 2026: 25% of the remaining yearly increment after the deduction of the LMI Housing Assistance set-aside, but not to exceed the actual expenditures by Developer for Development Activities. May 1, 2027: 25% of the remaining yearly increment after the deduction of the LMI Housing Assistance set-aside, but not to exceed the actual expenditures by Developer for Development Activities. November 1, 2027: 25% of the remaining yearly increment after the deduction of the LMI Housing Assistance set-aside, but not to exceed the actual expenditures by Developer for Development Activities. The foregoing grants will be made pursuant to Iowa Code §403.9 of the Urban Renewal Law, in amounts equal to the actual amount of tax increment revenues collected by City under Iowa Code §403.19 (without regard to any averaging that may otherwise be utilized under Iowa Code §403.19 and excluding any interest that may accrue thereon prior to payment to Developer) during the preceding six (6) month period in respect of the Property and improvements constructed by Developer (the Developer Tax Increments). Developer recognizes and agrees that the Economic Development Grants shall be paid solely and only from the incremental taxes collected by City in respect to the Property and improvements, which does not include property taxes collected for the payment of bonds and interest of each taxing district, and taxes for the regular and voter -approved physical plant and equipment levy, instructional support levy, and any other portion required to be excluded by Iowa law, and thus such incremental taxes will not include all amounts paid by Developer as regular property taxes. 6 C. To fund the Economic Development Grants, City shall certify to the County prior to December 1 of each year, commencing December 1, 2016, its request for the available Developer Tax Increments resulting from the assessments imposed by the County as of January 1 of that year, to be collected by City as taxes are paid during the following fiscal year and which shall thereafter be disbursed to the Developer if Developer owns or leases the Property and/or improvements thereon during the period such tax increment revenues accrue, on November 1 and May 1 of that fiscal year. (Example: If City so certifies by December 2015, the Economic Development Grants in respect thereof would be paid to Developer on November 1, 2016 and May 1, 2017.) D. The Economic Development Grants shall be payable from and secured solely and only by the Developer Tax Increments paid to City that, upon receipt, shall be deposited and held in a special account created for such purpose and designated as the English Ridge TIF Account of City. City hereby covenants and agrees to maintain its TIF ordinance in force during the term and to apply the incremental taxes collected in respect of the Property and improvements and allocated to the English Ridge TIF Account to pay the Economic Development Grants, as and to the extent set forth in Section 3.3(A) hereof. The Economic Development Grants shall not be payable in any manner by other tax increments revenues or by general taxation or from any other City funds. City makes no representation with respect to the amounts that may be paid to Developer as the Economic Development Grants in any one year and under no circumstances shall City in any manner be liable to Developer so long as City timely applies the Developer Tax Increments actually collected and held in the English Ridge TIF Account (regardless of the amounts thereof) to the payment of the Economic Development Grants to Developer as and to the extent described in this Section. City shall be free to use any and all tax increment revenues collected in respect of other properties within the Project Area, or any available Developer Tax Increments resulting from the termination of the annual Economic Development Grants under Section 3.3 hereof, for any purpose for which such tax increment revenues may lawfully be used pursuant to the provisions of the Urban Renewal Law, and City shall have no obligations to Developer with respect to the use thereof. SECTION 4. NON- APPROPRIATION / LIMITED SOURCE OF FUNDING. 4.1 Non -Appropriation. Notwithstanding anything in this Agreement to the contrary, the obligation of City to pay any installment of the Economic Development Grants from the pledged tax increment revenues shall be an obligation limited to currently budgeted funds, and not a general obligation or other indebtedness of City or a pledge of its full faith and credit within the meaning of any constitutional or statutory debt limitation, and shall be subject in all respects to the right of non -appropriation by the City Council of City as provided in this Section. City may exercise its right of non -appropriation as to the amount of the installments to be paid during any fiscal year during the term of this 7 Agreement without causing a termination of this Agreement. The right of non - appropriation shall be exercised only by resolution affirmatively declaring City's election to non -appropriate funds otherwise required to be paid in the next fiscal year under this Agreement. In the event the City Council of City elects to not appropriate sufficient funds in the budget for any future fiscal year for the payment in full of the installments on the Economic Development Grant due and payable in that future fiscal year, then City shall have no further obligation to Developer for the payment of any installments due in that future fiscal year which cannot be paid with the funds then appropriated for that purpose. 4.2 The right of non -appropriation reserved to City in this Section is intended by the parties, and shall be construed at all times, so as to ensure that City's obligation to pay future installments on the Economic Development Grants shall not constitute a legal indebtedness of City within the meaning of any applicable constitutional or statutory debt limitation prior to the adoption of a budget which appropriates funds for the payment of that installment or amount. In the event that any of the provisions of this Agreement are determined by a court of competent jurisdiction to create, or result in the creation of, such a legal indebtedness of City, the enforcement of the said provision shall be suspended, and the Agreement shall at all times be construed and applied in such a manner as will preserve the foregoing intent of the parties, and no event of default shall be deemed to have occurred as a result thereof. If any provision of this Agreement or the application thereof to any circumstance is so suspended, the suspension shall not affect other provisions of this Agreement which can be given effect without the suspended provision, and to this end the provisions of this Agreement are severable. SECTION 5. COVENANTS OF DEVELOPER. 5.1 Books and Records. During the term of this Agreement, Developer shall keep at all times proper books of record and account in which full, true, and correct entries will be made of all dealings and transactions of or in relation to the business and affairs of Developer in accordance with generally accepted accounting principles consistently applied throughout the period involved, and Developer shall provide reasonable protection against loss or damage to such books of record and account. 5.2 No Other Exemptions. During the term of this Agreement, Developer agrees not to apply for any state or local property tax exemptions which are available with respect to the Development Property or the improvements located thereon that may now be, or hereafter become, available under state law or city ordinance during the term of this Agreement, including those that arise under Iowa Code Chapters 404 and 427, as amended. 5.3 Preservation of Development Property. During the term of this Agreement, Developer shall maintain, preserve, and keep, or cause others to maintain, preserve, 8 and keep, the improvements in good repair and working order, except for ordinary wear and tear, and from time to time shall make all necessary repairs, replacements, renewals, and additions. Nothing in this Agreement, however, shall be deemed to alter any agreements between Developer or any other party including, without limitation, any agreements between the parties regarding the care and maintenance of the Development Property. 5.4 Non -Discrimination. In carrying out the Project, Developer shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, sexual orientation, gender identity, national origin, age, or disability. 5.5 Conflict of Interest. Developer agrees that no member, officer, or employee of City, or its designees or agents, nor any consultant or member of the governing body of City, and no other public official of City who exercises or has exercised any functions or responsibilities with respect to the Project during his or her tenure, or who is in a position to participate in a decision-making process or gain insider information with regard to the Project, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the project, or in any activity, or benefit therefrom, which is part of this Project at any time during or after such person's tenure. In connection with this obligation, Developer shall have the right to rely upon the representations of any party with whom it does business and shall not be obligated to perform any further examination into such party's background. 5.6 Non -Transferability. Until such time as the improvements are complete this Agreement may not be assigned by Developer nor may the Development Property be transferred by Developer to another party without the prior written consent of City, which shall not be unreasonably withheld. Thereafter, Developer shall have the right to assign this Agreement and upon assumption of the Agreement by the assignee, Developer shall no longer be responsible for its obligations under this Agreement. 5.7 Restrictions on Use. Developer agrees for itself, and its successors and assigns, and every successor in interest to the Development Property or any part thereof that they, and their respective successors and assigns, shall: A. Devote the Development Property to, and only to and in accordance with, the uses specified in the Urban Renewal Plan (and City represents and agrees that use of the Development Property as a residential development is in full compliance with the Urban Renewal Plan) (however, Developer shall not have any liability to City to the extent that a successor in interest shall breach this covenant and City shall seek enforcement of this covenant directly against the party in breach of same); and B. Not discriminate upon the basis of race, religion, color, sex, sexual orientation, gender identity, national origin, age, or disability in the sale, lease, rental, use, or occupancy of the Development Property or any improvements 9 erected or to be erected thereon, or any part thereof (however, Developer shall not have any liability to City to the extent that a successor in interest shall breach this covenant and City shall seek enforcement of this covenant directly against the party in breach of same). 5.8 Release and Indemnification Covenants. A. Developer releases City and the governing body members, officers, agents, servants, and employees thereof (hereinafter, for purposes of this Section, the Indemnified Parties) from, covenants and agrees that the Indemnified Parties shall not be liable for, and agree to indemnify, defend, and hold harmless the Indemnified Parties against any loss or damage to property or any injury to or death of any person occurring at or about or resulting from any defect in the improvements. B. Except for any gross negligence, willful misrepresentation, or any willful or wanton misconduct or any unlawful act of the Indemnified Parties, Developer agrees to protect and defend the Indemnified Parties, now or forever, and further agrees to hold the Indemnified Parties harmless, from any claim, demand, suit, action, or other proceedings whatsoever by any person or entity whatsoever arising or purportedly arising from: (1) any violation of any agreement or condition of this Agreement (except with respect to any suit, action, demand, or other proceeding brought by Developer against City based on an alleged breach of any representation, warranty, or covenant of City under this Agreement and/or to enforce its rights under this Agreement); or (2) the acquisition, construction, installation, ownership, and operation of the improvements; or (3) the condition of the Development Property and any hazardous substance or environmental contamination located in or on the Development Property, caused and occurring after Developer takes possession of the Development Property. C. The Indemnified Parties shall not be liable to Developer for any damage or injury to the persons or property of Developer or its officers, agents, servants, or employees or any other person who may be on, in or about the improvements due to any act of negligence of any person, other than any act of negligence on the part of any such Indemnified Party or its officers, agents, servants, or employees. D. All covenants, stipulations, promises, agreements, and obligations of City contained herein shall be deemed to be the covenants, stipulations, promises, agreements, and obligations of City, and not of any governing body member, officer, agent, servant, or employee of City in their individual capacity thereof. E. The provisions of this Section shall survive the termination of this Agreement. 10 5.9 Compliance with Laws. Developer shall comply with all laws, rules, and regulations relating to its businesses, other than laws, rules, and regulations for which the failure to comply with or the sanctions and penalties resulting therefrom, would not have a material adverse effect on the business, property, operations, financial, or otherwise, of Developer. SECTION 6. EVENTS OF DEFAULT AND REMEDIES. 6.1 Events of Default Defined. The following shall be Events of Default under this Agreement and the term Event of Default shall mean, whenever it is used in this Agreement, any one or more of the following events: A. Failure by Developer to pay or cause to be paid, before delinquency, all real property taxes assessed with respect to the improvements and the Development Property. After the issuance of the Certificate of Completion, however, such event shall not entitle City to the remedy provided in Section 6.2. B. Failure by Developer to cause the construction of the improvements to be commenced and completed pursuant to the terms, conditions, and limitations of this Agreement. C. Failure by Developer or City to substantially observe or perform any other material covenant, condition, obligation, or agreement on its part to be observed or performed under this Agreement. 6.2 Remedies on Default by Developer. Whenever any Event of Default referred to in Section 6.1 of this Agreement occurs and is continuing, City, as specified below, may take any one or more of the following actions after the giving of written notice by City to Developer (and the holder of any mortgage encumbering any interest in the Development Property of which City has been notified of in writing) of the Event of Default, but only if the Event of Default has not been cured within sixty (60) days following such notice, or if the Event of Default cannot be cured within sixty (60) days and Developer does not provide assurances to City that the Event of Default will be cured as soon as reasonably possible thereafter: A. City may suspend its performance under this Agreement until it receives assurances from the defaulting party, deemed adequate by City, that the defaulting party will cure its default and continue its performance under this Agreement; B. City may take any action, including legal, equitable, or administrative action, which may appear necessary or desirable to collect any payments due under this Agreement or to enforce performance and observance of any obligation, agreement, or covenant under this Agreement. 11 6.3 No Remedy Exclusive. Except as otherwise provided in this Agreement, no remedy herein conferred upon or reserved to City is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. 6.4 No Implied Waiver. In the event any agreement contained in this Agreement should be breached by any party and thereafter waived by any other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous, or subsequent breach hereunder. 6.5 Agreement to Pay Attorneys' Fees and Expenses. If any action at law or in equity, including an action for declaratory relief or arbitration, is brought to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of litigation from the other party. Such fees and costs of litigation may be set by the court in the trial of such action or by the arbitrator, as the case may be, or may be enforced in a separate action brought for that purpose. Such fees and costs of litigation shall be in addition to any other relief that may be awarded. 6.6 Remedies on Default by City. If City defaults in the performance of this Agreement, Developer may take any action, including legal, equitable, or administrative action that may appear necessary or desirable to collect any payments due under this Agreement, to recover expenses of Developer, or to enforce performance and observance of any obligation, agreement, or covenant of City under this Agreement. Developer may suspend their performance under this Agreement until they receive assurances from City, deemed adequate by Developer, that City will cure its default and continue its performance under this Agreement. SECTION 7. GENERAL TERMS AND PROVISIONS. 7.1 Notices and Demands. Whenever this Agreement requires or permits any notice or written request by one party to another, it shall be deemed to have been properly given if and when delivered in person or three (3) business days after having been deposited in any U.S. Postal Service and sent by registered or certified mail, postage prepaid, addressed as follows: If to Developer: English Ridge, L.L.C. Attn: Larry McDermott, Managing Member 14407 Hwy 20 W Dubuque, IA 52003 With copy to: David Clemens 12 If to City: With copy to: Clemens, Walters, Conlon, & Meyer, L.L.P. 2080 Southpark Court Dubuque, IA 52003 City of Dubuque Attn: City Manager 50 W. 13th Street Dubuque, Iowa 52001 City Attorney's Office 300 Main Street, Suite 330 Dubuque, IA 52001 13 or at such other address with respect to any party as that party may, from time to time designate in writing and forward to the other as provided in this Section. 7.2 Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of City and Developer and their respective successors and assigns. 7.3 Termination Date. This Agreement and the rights and obligations of the parties hereunder shall terminate on June 30, 2027 (the Termination Date) pursuant to Iowa Code §403.22. 7.4 Execution by Facsimile or Email. The parties agree that this Agreement may be transmitted among them by facsimile machine or email. The parties intend that the faxed or scanned signatures constitute original signatures and that a faxed or scanned Agreement containing the signatures (original, faxed, or scanned) of all the parties is binding on the parties. CITY OF D BUQUE, IOWA By: Roy D. Buol Mayor 0 By: Kevin . Firnstah(City Clerk State of Iowa ) ) ss: County of Dubuque ) On thisrek day of , 20 Ua, before me, a Notary Public in and ENGLISH RIDGE, L.L.C. By: Larry cD mott, Managing Member for said state, personally appeared Roy D. Buol, Mayor; Kevin S. Firnstahl, City Clerk; and Larry McDermott, Managing Member to me known to be the person(s) named in and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. 14 \\ Ty Public in the State a My Commission expires: 6412q(2011 Exhibit A Urban Renewal Plan Exhibit B Plats LIST OF EXHIBITS 15 EXHIBIT A URBAN RENEWAL PLAN English Ridge Housing Urban Renewal Area City of Dubuque, Iowa November 2015 16 TABLE OF CONTENTS A. INTRODUCTION B. DESCRIPTION OF THE URBAN RENEWAL AREA G. DISTRICT DESIGNATION D. BASE VALUE E. DEVELOPMENT PLAN F. RESIDENTIAL DEVELOPMENT G. AREA OBJECTIVES H. TYPE OF RENEWAL ACTIVITIES L PROPOSED PROJECT J. FINANCIAL DATA K. PROPERTY ACQUISITION/DISPOSITION L. RELOCATION M. STATE AND LOCAL REQUIREMENTS N. SEVERABILITY O. URBAN RENEWAL PLAN AMENDENTS P. EFFECTIVE PERIOD ATTACHMENTS -2- 17 A. INTRODUCTION This Urban Renewal Plan for the English Ridge Housing Urban Renewal Area ("Plan" or "Urban Renewal Plan") has been developed to help local officials promote economic development in the City of Dubuque ("City"). The primary goal of the Plan is to stimulate, through public involvement and commitment, private investment in new housing and residential development as defined by the Iowa Code Section 403.17(12). In order to achieve this objective, the City intends to undertake urban renewal activities pursuant to the powers granted to it under Chapter 403 and Chapter 15A of the Code of Iowa, as amended. B. DESCRIPTION OF THE URBAN RENEWAL AREA The English Ridge Housing Urban Renewal Area ("Area" or "Urban Renewal Area") is illustrated in Attachments A, 8-1, and 8-2 and described in Attachment D. The City reserves the right to modify the boundaries of the Area at some future date. C. DISTRICT DESIGNATION With the adoption of this Plan, the City of Dubuque designates this Urban Renewal Area as an economic development area that is appropriate for the provision of public improvements related to housing and residential development. D. BASE VALUE If the English Ridge Housing Urban Renewal Area is legally established and debt is certified prior to December 1, 2015, the taxable valuation within the Urban Renewal Area as of January 1, 2014, will be considered the "base valuation." If debt is not certified until a later date, the "base value" will be the assessed value of the taxable property in the Urban Renewal Area as of January 1 of the calendar year preceding the calendar year in which the City first certifies the amount of any debt. 18 E. DEVELOPMENT PLAN The City Council has approved a general plan for the physical development of the City as a whole, outlined in the 2012 City of Dubuque Comprehensive Plan that was adopted by the City Council on February 6, 2012. The goals, objectives, and projects in this Urban Renewal Plan are consistent with the City's Comprehensive Plan. The English Ridge Housing Urban Renewal Area is zoned: C-3 (General Commercial) and R-1 (Single Family Residential). See Attachment E for details. This Urban Renewal Plan does not in any way replace the City's current land use planning or zoning regulation process. For details on current and proposed land use, see attached land use maps, Attachments 8-1 and 8-2. F. RESIDENTIAL DEVELOPMENT The City's objective in the English Ridge Housing Urban Renewal Area is to promote new housing and residential development. When the City undertakes a project to provide or aid in the provision of public improvements related to housing and residential development in an economic development area, the City must assure that the project will include assistance for LMI family housing. Unless a reduction is approved by the lowa Economic Development Authority, the amount to be provided for LMI housing shall be either equal to or greater than the percentage of the original project cost that Is equal to the percentage of LMI residents for Dubuque County. LMI families are those whose incomes do not exceed 80% of the median Dubuque County income. LMI families include single person households. The percentage of LMI families living in Dubuque County, as determined by the U.S. Department of Housing and Urban Development using Section 8 guidelines is currently 38.1 %. Not less than 38.1 % of incremental revenues will be used by the City to provide LMI family housing assistance. The assistance for LMI family housing may be provided anywhere within the City and may Include, but is not limited to: 1. Lots for LMI housing within or outside the urban renewal area; -4- 19 2. Construction of LMI housing within or outside the urban renewal area; 3. Grants, credits or other direct assistance to LMI families living within or outside the urban renewal area, but within the area of operation of the municipality; 4. Payments to a LMI housing fund established by the City to be expended for one or more of the above purposes, including matching funds for any state or federal moneys used for such purposes. G. AREA OBJECTIVES Renewal activities are designed to provide opportunities, incentives, and sites for new residential development within the district and to provide housing assistance to LMI families. More specific objectives for development within the English Ridge Housing Urban Renewal Area are as follows: 1 To alleviate and prevent conditions of unemployment and a shortage of housing; and that it Is accordingly necessary to assist and retain local industries and commercial enterprises to strengthen and revitalize the economy of the State of Iowa and the City of Dubuque. 2. To stimulate through public action and commitment, private investment in new residential development. 3. To plan for and provide sufficient land for residential development in a manner that is efficient from the standpoint of providing municipal services. 4. To help finance the cost of water mains and fiber conduits and vaults, as well as other public improvements in support of new housing development. 5. To provide a more marketable and attractive investment climate. 6. To improve the housing conditions and housing opportunities for LMI families. -5- 20 H. TYPE OF RENEWAL ACTIVITIES To meet the objectives of this Urban Renewal Plan and to encourage the development of the Urban Renewal Area, the City intends to utilize the powers conferred under Chapter 403 and Chapter 15A, Code of Iowa including, but not limited to, tax increment financing. Activities may include: 1. To undertake and carry out urban renewal projects through the execution of contracts and other instruments. 2. To arrange for or cause to be provided the construction of public infrastructure including but not limited to water mains and fiber conduits and vaults, or other public improvements in connection with urban renewal projects. 3. To finance programs which will directly benefit housing conditions and promote the availability of housing affordable to LMI persons In the community. 4. To makeloans, grants or rebates to private persons to promote housing projects on such terms as may be determined by the City Council. 5. To borrow money and to provide security therefor. 6. To make or have made surveys and plans necessary for the implementation of the urban renewal program or specific urban renewal projects. 7. To use tax increment financing for a number of objectives, including but not limited to, achieving a more marketable and competitive land offering price and providing for necessary physical improvements and infrastructure. S. To use any or all other powers granted by the Urban Renewal Act to develop and provide for improved economic conditions for the City of Dubuque and the State of Iowa. Nothing herein shall be construed as a limitation on the power of the City to exercise any lawful power granted to the City under Chapter 15, Chapter 15A, Chapter403, Chapter 4276, or any other provision of the Code of lowa in furtherance of the objectives of this Urban Renewal Plan. -6- 21 1 PROPOSED PROJECT The first proposed urban renewal project involves the construction of public infrastructure to serve ongoing and future development In a new 222 -lot subdivision under development by Larry McDermott ("Developer"). Certain of the public improvements are expected to be constructed by the Developer, with the balance being constructed by the City. The expected public improvements and their estimated costs are as follows: Public Improvements Estimated Costs Fiber conduit 8 vaults $214,313 Park $100,000 Water Main $178,750 Total $493,063 The City expects to provide assistance to the Developer in the form of property tax rebates of potential incremental taxes, under the terms of a rebate agreement between the City and the Developer. Under the proposal, some of the incremental property tax generated from the new houses constructed within the Urban Renewal Area pursuant to Iowa Code Section 403.19 is expected to be rebated to the Developer (in an amount not to exceed the Developer's certified costs of constructing certain of the required public improvements or $189,000, whichever is less, or such other amount as may be determined by the City Council) for a period of time to be determined by the City Council. These rebates will not be general obligations of the City, but will be payable solely from incremental property taxes generated by the project. The City will set aside not less than the required LMI percentage (38.1 %) of the incremental taxes generated by the project and use those funds to support LMI family housing anywhere in the community. The remaining incremental taxes will be available to the City to distribute in accordance with Iowa Code §403.19. J. FINANCIAL DATA 1) July 1, 2015, Statutory debt limit: $196,031,074 (see Attachment C) 2) Outstanding general obligation debt for purposes of debt limit: $169,455,634 (see Attachment C) 22 3) Proposed amount of indebtedness to be incurred: Although a specific amount of indebtedness to be incurred in the Area has not yet been determined, the estimated cost of constructing the public improvements for the new subdivision is not expected to exceed $493,063. The LMI set-aside is not expected to exceed $2,338,222. The City will respond to other development opportunities as they arise. The total amount of tax increment to be used under this Plan is expected to be approximately $6,326,066. K. PROPERTY ACQUISITION/DISPOSITION Other than easements and public right-of-ways, no property acquisition by the City Is anticipated at this time. However, if any property acquisition/disposition becomes necessary to accomplish the objectives of the Plan, urban renewal powers will be carried out, without limitation, in accordance with the State of Iowa Urban Renewal Law. L. RELOCATION The City does not expect there to be any relocation required of residents or businesses as part of the proposed urban renewal projects; however, if any relocation is necessary, the City will follow alt applicable relocation requirements. M. STATE AND LOCAL REQUIREMENTS All provisions necessary to conform to State and local laws will be complied with by the City in implementing this Urban Renewal Plan and its supporting documents. N. SEVERABILITY In the event one or more provisions contained in this Urban Renewal Plan, as it may be amended, shall be held for any reason to be invalid, illegal, unauthorized or unenforceable in any respect, such invalidity, illegality, lack of authorization or enforceability shall not affect any other provision of this Urban Renewal Plan, and this Urban Renewal Plan shall be construed and implemented as if such provisions had never been contained herein. O. URBAN RENEWAL PLAN AMENDMENTS This Urban Renewal Area Plan may be amended from time to time fora number of reasons, including but not limited to, change in the area, toadd or change land -g- 23 use controls and regulations, to modify goals or types of renewal activities, or to amend property acquisition and disposition provisions. The City Council may amend this Plan pursuant to appropriate procedures under Iowa Code Chapter 403. P. EFFECTIVE PERIOD This Urban Renewal Plan will become effective upon its adoption by the City Council and will remain in effect until it is repealed by the City Council. With respect to the property included within the English Ridge Housing Urban Renewal Plan Area, which is also included in an ordinance which designates that property as a tax increment area and is designated based on an economic development finding, to provide or to assist in the provision of public improvements related to housing and residential development, the use of incremental property tax revenues or the "division of revenue," as those words are used in Chapter 403 of the Code of Iowa, is limited to ten (10) years beginning with the second fiscal year following the year in which the City first certifies to the County Auditor the amount of any loans, advances, indebtedness, or bonds which qualify for payment from the incremental property tax revenues attributable to that property within the English Ridge Housing Urban Renewal Area. With consent of all other affected taxing bodies (by written agreement), the use of incremental property tax revenues under Iowa Code Section 403.19 can be extended for up to 5 years if necessary to adequately fund the housing project. At all times, the use of tax increment financing revenues (including the amount of loans, advances, Indebtedness or bonds which qualify for payment from the division of revenueprovided in Section 403.19 of the Code of Iowa) by the City for activities carried out under the English Ridge Housing Urban Renewal Pian shall be limited as deemed appropriate by the City Council and consistent with all applicable provisions of law. 24 EXHIBIT B 25 PREPARBD BY: BUEEONG 5 ASSOCIATES. 1212 LOCUST ST., DUBUQUE. IOWA 52001. PH' 563 556.4355 FINAL PLAT of ENGLISH RIDGE SUBDIVISION IN THE CITY OF DUBUQUE, IOWA Comprised of: The NW 1/4 NW 1/4 SEC 5; the 11/2 OF NE1/4 NW1/4 SEC 5; and LOT 1 OE NW 1/4 NE 1/4 SEC 5, TBBN R 2E, DUBUQUE COUNTY, IOWA A STANDARD CONCRETE MONUMENT B FOUND 11Z RE0OD.W/YELLOW CAP UNLESS NOTED OTHERWISE D FOUND Ix HEIMD CAVED AS NOTED P PLACED STY REROO WI ORANGE CAP NO. 16451 ED PLACED MAGNAO, SURVEYED LINE EASEMENT UNE EXISTING PROPERTY UNE —•-------'WSTINGPIPEUNE EASEMENT AC ACRES SF SQUARE FEET ROW RIGHT OF WAY EACH LOT IN THIS 0U5DWISION HAS.U5IUTY EASEMENTS OF 1S ONALLSIPEETFRONTAGES AND REAR LOTUNES. EACH LOT FWS 5'URLITY EASEMENTS ON ALL SIDE LOT IJNES UNLESS OTHERWISE NOTED. UNLITY EASEMENTS ARE FOR PUBLIC SANITARY SEWER. STORM SEWER, WATER MIN, are FIBER 011155, IE8011061, ELECTRIC. (0.5, ANO 05012 W. INDEX OF SHEETS 4 TITLE SHEET 2-9 PERIMETER DESCRIPTION 4-6 PLATTED LOTS 7 LOT LINE ANO CURVE DATA 8.10 SURVEYOR CERTIFICATES NOTES: 1. ALL LENGTHS ARE IN DECIMAL FEET. 2. PROPRIETOR: ENGLISH 91001,11C 16201150120 WEST: DUBUQUE a. SURVEYED 550050110 BY: LARRY MCII:RMOTT 14407 WKS W548, DUBUQUE 4.TOTI. AREA SURVEYED IS: 91.25 ACRES S THIS PLAT IS SUBJECTTO.RIGHT OF WAYANO EASEMENTS OF RECORD AND NOTOF RECORD. I BIESY CERPP5TUAT1HIS LAND SURVEYING DOCUMENT WAS PREPARED AND THE RELATED SURVEY 140RK WAS PERF0RME0 DT NEOR UNDER NY BREST PERSONAL SOPERV15101TAN0 THAT) &MADLY MOBS UANO5U5VEYDR UNDER ITN LAWS 01015 6411 OFLOWA ALL MONUMENTS WERE NAM OR NIALLOE RACEO WAIN ONE YEAR RION THE LNIETHMTTHIS PLAT IS RECORDS. 01 UES 4G ASSOCIATES INC. 615815435603 AND 3018120000 1212 LOCUST Sr. 01010 m (SN) 556-41ee DRAWNS7 TCOAVWI. x1000 St TUT TEOIRY . KOELKEK License Number 15407 My license renewal date is 0ecomber 31.2009. Sheets covered by this seal: Sheets 1 throuoh 7 of 10 to sal& 1101031411 07131310 5URV5Y DATE 62,22,2001 ORAWINS: 07054 FINAL PLATPI ASE f1.S g SHEET 10110 26 PREPARED BY: RUESING&ASSOCIATES. 1212 LOCUST ST., OURUOUE. IOWA 52001. PH: 563}656-4300 SIAISCINIKASAVAAJNE vocrmIA %scat?t sr. sw.. ay.,. 0654'60 f.�t521 64 mC 6. IA 5 j N 8114802' ? 710.00 (0..141 CASNIZINAIIMIAIIMILOWNE AtAA LOTU FUTUREOEVELPOMENT 169046 N 085610. 0 18310 5 00.14`35. W. 040.5? 10117.11.1 SIDS. Mt. r€$ E • 44 RI L L Immo F---ANOmG'Mrtta4nM- LOT K ROUSE PARK 1.66 Aa, 60626 4-J—w0ww�2atxar i—m v; ts831547748oM1 SINPANNI- SECAINICAN IMLAY E !13600 SHEET ROMED TELPOMENT 8 6 A0. ”ELAEGIStANIC-,..1.4. SION WI A SI MAIMS 4-6 FOR OEM= INTERIOR LOT INFORMATION SCALE IN FEET 14 - 210 0 100 200 400 iYw S 11 1 G 5601E 4000401 0 4474 a- 6NCZNEERS LAND SO1411''00O48$ SIINVEYOAIE 004'22.2007 1442 LOCUST ST, BUOUOUE IA (0a3) 556-431. UMW. OT0SASNALAIAT PHASE #14x0 OIEMO)61`. 11K SHEET 20110 27 PREPARED BUSSING BASSGCIATES- t21.2 LOf:UST ST OUSUOUE IOWA b2001 PH ' 28 '•A. •ornrcarur •$k*p _.y GAS ��. $ 11 c • s&aaexw _AI . •: 0 .� .- �R 94s.�wvE CI .?.. ram.. 3.0P0 w 441111E1 l!/ LOT M ' ,J'.• FUTUREOEVEIPOMER i 1"'/ 16.204. i% e ! I (/ %/'/ /hqI F i % vv" w ...OW w x7: Yip A\ 11115.11;(4-11r4437,11, dII 5fig 2 4 Irf1'4Te 20141. • 22ss (119.n, ;lir e _ _ ! z 1 EC 5. : SE. : s9 i zzzev, aas mraaw.os '- M 07.1, OM., waramEtarl w \xx 9— x.s. Tun va G. �n 9x X(roa or) E. .F=rt magma,. .813.1.1111 f x wail, E.uei ' —4 SEEM -EMS 40 FOR DETAILED INTERIOR LOT INFORMATION UESI G 9NAwN ar. Eco MOOD tot tlx SCALE IN FEET 1" = 200' ASSOCIATES INC. WALE r -WV RAMIE 07A1R5 niliMISiOLISOOSEiMINOSI 6NC1N146RS AND SVRVSYURS SONVEYOATE MEE 22.2AM 111 auE. N [541) 598 -Wises OflA1N6 97054 FINAL PLATPNASE STA.,6 100 200 a90SHE0T Sof 10 28 PREPARED 67. Bu IN Z ASSOCIATES. 1212 LE)L'I I92r S 29 LOU 'NAP n • �_ S ,___,Z__. r —r r I J° •04 24.0¢' :::..,.....1...r T�( � —tgocb Ans mxa§[wn r.—•••••••••••..,� r r Lm0 cp l�4ta' ! wv OW C1 r (e 1 j m \1 a'' • IDT K AIIIINEPMx 1S0Ac 58829 sr N 89"41.10" W r r ---40,701415E IE 5•EFM r IOT.1 FUME DEVELOPMENT • 35.9019. L z .c-,.. 4', 49 ns RIg LOT 0. STORM WATER DETENTON 1,i alt A[, N� 09559 SF � • w. ,: • fa N .1 2?ty, • fl119 06,Za » m F 70 S b - q — 262.70' S 81°46'4O" '180.62' i K 9 g 1----1--19nsongovSLlrnoEcswwr —` - Fl 01 w V _ r-9a.Bwnarmtgsutart LOT FUTURE 1LVELO MENT 5.53 AP. • 5 59.00'57° W, 520.04'/ WM.I)a IPMASEcS.TeerlxR N 30.00.57. E 1321.30' , IPMAIMIM SW SEnT•xLR9E SEESMETT 11 FOR LK AND CARVE DATA 1A9L6R. ®fix•S1 g 0RAW5907'100929000IIB9 'Lk SCALE INPEET T' = 0 70 V ASSOCIATES INC. SCALE P+IOU PLOTW95 =WS ENGINEERS AND SURVEYORS 1212 LOCUST SURVET4AT2 422222.2007 0 50 100 250 Sr. %MOQUE, 6 (sal).0,189 07064 MAL PIATP:ASE ftmg 80195NG &IEEE .10710 29 PREPARED Br RUESINO &ASSOCIATES. 1212 LOCUST Sr., DUBUQUE '001A 52051 PN: X563) 556-0309 Cr 00' mar LOT 5• rr6r h sl /0 S '2"SS'r / 1.01124 42' / 1955 wneurrr 85'1y5' O04.4s.S E 201.70' VALLEY DRIVE N as'zsysr_ m, 202,..S2 e Mint /: / sl0020 PFFtu,f FssFMfM ! N 82.08'57' E 835.25' N BB'Og'S1' E 1521.30' Etts10nevlag0A:Oe1li.USBvext , 9.VOutteetut90WE5 ttsteit... M^'1N 9U;idiN,A]f W Nl6IX0AA0N [vpItO51ElLV.4 SEESHEET7 FOB LINE AND CURVE DATA TAKES SCALEIN FEET t" 100' 0 50 100 200 'g5 $11.Vrtd 53100 O S2 EafM U a'a05 501 035850! 131.15IED11.1 PINB[FXifll$IONCfWg1jN3ID111A1F Secants. MiffANVI SFES,TIErygtf aUES ASSOCIATES NG ENGINEERS AND StIRVDYORS 1212 LOGoOr ss g101ry0UG DRAWN 212 550 GMCSTDB1TLX SCALE 1m100' 1,12r01112 or/91/00 9555005611 may 22. an" 575VBNR 07004 FINAL PLATAin5 31.0.,0 SHEET 50010 30 REPARED 06- 0UESINQ R ASSOCIATES, 1212 LOCUS" ST.. OUSUOUE, IOWA 662001, PH: (553 5534389 zapTAXX6 3191 Re0.we Main MIA 07.66' LOT 18 10018 51 09'46127 �? 09.94, SI 09.0929.4 1;6V LOT I 53111 sHREWSBURY LANG LOT, 10221151 5019 921051 arra .0715 5. ka -s'z�s 744 ]5 k / 104.40• E 207.25 00W STON - t W. 20075 E V Lor Y DR"; Oda52y lOp,3g" LOTIe ones. V n Lora 12131 0 l l0ej E. LO721 '�' •� m 910751 x 22:}0,70. r tr03p, w a 1L0r 01446u 1 • }01.94• _arm 181818 5 05' LOT21 WET EA T=T 1.. LOT IA FNOAEOEVELOPMEMT 313042. 1259222 Sr 0. SEESREEE11100 UNE CURVE DATA TAKES SCAI.EIN FEET m /OP 0 50 100 200 UESING ASSOCIATES INC. A•NCIA'1ERS AND SURVEYORS 1112 (5817 3ST 36-"369 9& 1311563450 100 00ECRDBY. TLC SCALO 57 =100 5797851E 0703490 SLOWLY DATE May22.2002 053415* 07OS4AN8LPLATP114- 01.Gwg SHEET 60510 31 PREPARE() 130: 006511[; ..ASSOCIATES, 12,21.0555457', OURUOUE. IOWA 521.01 PH' {56$556-1309 LOT UNE DATA TABLE LINE 1(1211NG DISTANCE L1 N 09.08'57' E 00.01' L2 S 84'55'21" E 60.21' L3 S 45.50'01" W 10.01' 5 4715'30" E 14.20' LS 5 6573'01" W 00.21' L6 5 99'14'52' w 90.01' L7 5 50'40'25" W 14.14' LEL N 15•19'32' W 50.00' LS 5 3059'32' E 14.14' L10 5 0723'51" E 16.17' 111 5 58.10'38" W 10.09' L12 N 94.47'4r E 56.09' 013 31.49'22' W 23.75' 114 N 21.4007 5.59' 115 S 2745'07' W 21.01' N 613"24'06" W 44.73' 117 5 45'51'40' E 81.31' L111 N 69'24'05' W 14.23' 1,19 N 10'23'22^ E 5273' 120 N 19'2724' E 30.10• L20 5 19.23'22' w 53.97' 122 5 19'23'22' W 30.00' 121 N 19'23'22• E 53.99' 124 5 19'2312' W 3406' 125 N 55.00'25• E 23,45' 126 S 09'17'07' W 5261' L27 N 33'59'35' W 24.95' L'+D N 00'14,33" E 43.99' 122 5 W39'01' W 14.29' 130 N 0714'33' E 50.01• L31 S 33.10'01• E 20.10' 132 5 45'20'59' E 14.00' 133 5 1730'01' W 43:46' 134 30.01• W 36.56' 5 12.29'15' W 50.57 1.36 5 09'41'10• E 1.37 5 21.45'07+ w 00.19' L30 5.3749'20" E 24.94' 139 N 06'3340' E 54.40' u0 5 58.10'30' W 26.141 L41 21'46'07. w 55.90' L42 5 21.4557' W 20.00' 143 N 21'45'07' E 0500' L. N 21'45'074 E 20.00' 1,45 5 21.4507' W. L46 5 21'45'07' W 20.00' L7 5 21'45'07 W 55.00' 148 S 21'45'01' W 20,07 149 5 2745'07` 0 00.07 L50 s 21'4564' W 20.00' L51 5 21.45'07. W 452 5 21'45'074 W 54.77 L53 5 31.49'22' E 23.75' 194 N 0731'40' E 54.01' 155- x 50'1730' E 24.16 1355 5 21.45'07 W' 55.08 157 5 21'40'04' W 20.00' 156 N 2745'07 E 44.07 LS9 5 2745'07' W 20.00' Lao 5 21'4507' 'N 53.07 161 s 21.4507 W 20.07 482 N 21'4567 E 55.00' L63 5 2745074 w 2000' L64 69.4117 w WT CURVE DATA TABLE CURVE 01 DELTA 30'35'45' LENCIN 178.59' MOMS 335.00' TANGENT 9163' 05000 176,77' 541050 NEARING N 74'2317. 11 C2 26'54'31' 157.33' 33535' 81,14' 155.09' S 45'39'09' E C3 C4 43'09'39' 57.30'16' 297.44' 390,44' 39540' 39500' 146.17' 216.72' 290.46' 38041' S 53"45.11' E N 60'56'02' 64 05 C6 43'08'39' 0748'40' 257.26' 03.91' 33530' 210.00' 132.45' 6.96' 04694' 13911 5 53'4513' E 5 23.3057 W 07 06 00.5529' 0034'00' 009.70' 57.50' 210.07 330.00' 113.09' 20.97 200.22 57.43' 5 54541112' W 5 90'1962' E 09 010 10'04'19" 50.08'48' 47.45' 10,45' 270.07 20.00' 23.19' 10.07 47.47 17.99' N 40.21.41. W 5 04'4847' E .011 012 75'3055 07.36'53' 72.69' 64.91' 55.00' 55.00' 42.07 36.03' 1736' 61.20' S 06.2246• W N 775440' E 013 014 00'33'40 74.34'01• 05.01' 7157 55.00' 55:00' 37.49' 41.07 66.63' 5 33.56'02' E 5 373552' W 015 016 53'07'46' 10.2029' 15.55' 18.19' 20.00' 100.00' 10.00' 9.12' 17.89' 18.17- 5 49.1961' W 8. 12.11'57' E 017 012. 06.44'40' 05.29'42" 11:77' 1439' 100.00' 450.00' 5.09' 7.20' 01.78' 10.34 N. 03'3453' E 5 14'31751' W 019 1741727" 30.50' 150.00' 15.33' 30.51' 5 05'0446' W U1E S I ®,o 05AWN6Y: TCO CIE0008ri. 1L( ASSOCIATES INC. �i9 sOpLY wDTMT2 67$1 RNC(NRRDS AND SURVR26RE 020074610 M6722.2007 1114 0441157 5T, 000404E, x (561)555-4305 OPAWNS 07054FINAL PIAT PHASE #1.6.4 SHEET 76110- 32 s¢,, F:NA:... LMT ENGL'SN RIDGE 4U8DIVStON NO. 2 ?ROJE o :Yo. o;o5a oAtE . r -gar c 33 34 _ _.._ ... ___..... . ......._...._ ...,,,..-.., ?8= =$ #} P. �S o,s:nuwuwc. 4,,,, 5aam nio). on) 508-n3so $_ fft. M4ti�y x 14E� yv�� ON n [ a u 4.n• ' H .] q °pi�`„ imp _o.. `�#. S r 9 [ N� 00.gCN 8 3s .. :�-- 3 tl R& 8 F3 NI g35 • J$ ppa�d r'e- I, T n n ' 1 [ e, 1 A] _ SHEET THLE FINAL PIG PROJECT i NO. 0]054 ram �.w 0 ®fir GATE REN4CH5 Af ,Aflt 3Y: S ENGLISH LIS ENGLISH RIDGEgro„ NOc'- &]qG u w yxc. es{zs/�r ! Mit.. NO. ? DU �xE on „ .CN-`-` I 'HEM e)^. 34 LAi f1/ / s;EEr TR55 1 s mvabSw Mar FINAL PLA; ENGLISH RIDGE SUBDIVISION NO. 2 550AST 1.07 NO 0:054 ASSOLIATES wc. ATe R"04/55/11 DRAW 9 SCALE 35 NMF WET BRE FINAL PIAT ENGLISH RIDGE SU8@VMSIO4 *3. 3 ,101 DALE Iawsass 01/1"!,13 OMAN ere nw OnNan an 36 1114,44E41 (4,50 4 455...4144 um¢KL aa,awr iP91 aaa, ,a* al r V.4 044 N s,rr 3 rmc FINAL PLAT ENGLISH NIDAE 0), mfa3iA cN4 NQ. PROJECT 12235 f$UES!NG WE n/nns BlSH9 s IMAM ./v/n eisw 0,13001 rc nz 37 RCM% eV 1-5 NAV, I Si (UMW S 4 a) sllt;101.E. FINAL PLAT ENGLISH RIDGE SUFIDIASION NO. 3 PRORTT NO. 12255 OZtr"tC 1 LW" L.r.a.orr ayEsmo tx.rreniMMAs ,17/12 OVIIJNI MOM art wra. coccAEO Ur 38 Fop r of 4 I'i1111191111NIIIN Doo ID: 008033680004 Type: GEN Kind: SURVEY PLAT Recorded: 08/27/2014 et 03:13:40 PN Fee uge•Count00laayus 1 of 4 ObcM Kathy Flynn t6urlou Recorder F1102014-00006890 AOOPF55: 1212 LOCOS! SIRMT W.I. IOWA 52001 P4040. 15531559-4195 jx1�iy _'y1 q . : .7 8cce z Se R sS e,•EwetClly�T 4 i ._ soRcI1 4*. YN' o SI -8 O ... -6.,. by . 4. ''... 5 o/y e� SO p.,.7 II 1. lit 1n o n r - m -1. I N O / MC 01111111100 LIC t....� FEH•_ • # 4.4pir 14 41:11/ 44. , tit*�� 41 - - - - — C ZT TIT 11 P Illt n '9 R'bl e'$ fit4 iqi :41 pkfil a Ftli**1#41‘. 4$ it'ta Ca +r9�' FAdPD NRdiAAl°2M m uTci) / „I:1 • G, A MEASUREMENTS ARE IN FEET ARD DECIMALS TRFAOF. r I 1 RIOT C OFRENtl SHHRR OF: DCE SUB. NO. J: / ENGLISH MOM LLC // I 1.15 1.6111 SW Dye9, HII M1 EPB / ale LOT E TS LOCATEDIN THE. OMB,000E C HE,NEI/H. OF SECTION S 1 A. S. THIS VEY R.O.TED Tr PLAT IS SUBJECT I /lb EASEMENTS OF RECORD AND NOT OF RECORD. -. • SHEET BILE PROJECT _1 N0. 12255 IBUE TNG ASSOCIAT s INC. AD/WA'SAS AND 36NP8roAs un USW Sr. 000.11. °' GATE REVISIONS DRAY84 BY: It -P )55 Pal of: ENGLISH RIDGE SUBDIVISION NO. 4 PREMED W 11205.0101 p/6 W. MCCDWOT! 1441) 6- 20 NEST Ou00011E, IA 52001 5/28/14 5/30/14 TPI SCALE: I CHECKED DT: SEE BAR SCALE 1L r" /AMrye 39 Page 2 of 4 PREPMED 0'V: 04(5140 k n52021* ES 0000055: 121} LOCIISO 5104(1, 020502E IDA 54001 P5000: (503) 558-4J20 4 SHEET TITLE Fnd Mat 00 ENGU91 RIDGE 9 001545ION YO. 0 PROJECT N0. 12255 PREPARED 400 ENf115H 2.(*)LLL `.07NMY xo vwEst 24401300£, IA 52004 UESING Itlyn sRs AxP SPAPPYDAs Y �J) w, e9M4 x OATS 1 REN9ON0 004024 BY: /28/141 5/30/14 TPI SGL• I CHECKED 8Y: 40 SEE SC.AIF.j 713E tBAR e um er. Pi�lUfiO�i9Tik eq: 2 Poga3 of4 Sheet 3 of 4 Surveyor's Certificate I, Terry L. Koelker, a Duly Licensed Land Surveyor in the State of Iowa, do hereby certify that the following real estate was surveyed and platted by me or under my direct personal supervision, To Wit: Lot E of English Ridge Subdivision No. 3 in the City of Dubuque, Dubuque County, Iowa. This survey was performed for the purpose of subdividing and platting said real estate henceforth to be known as ENGLISH RIDGE SUBDIVISION NO.4 in the City of Dubuque, Dubuque County, Iowa. The Total area of ENGLISH RIDGE SUBDIVISION NO. 4 is 18.211 acres. All Lot areas are more or less and all Lots are subject to easements, reservations, restrictions, and rights-of-way of record and not of record, the plat of which is attached hereto and made a part of this certificate. I hereby certify that this land surveying document was prepared and the related survey work was performed by me or under my direct personal supervision and that I am a duly licensed Land Surveyor under the laws of the State of Iowa. Terry L. Koelker Ucensed Land Surveyor License No. 15487 Owners Consent Dubuque, Iowa Date License Renewal Date 12/31/15 2014 The foregoing Final Plat of: ENGLISH RIDGE SUBDIVISION NO. 4, is made with the free consent and In accordance with the desires of the undersigned owners and proprietors of said real estate. English Ridge, LLC State of Iowa County of Dubuque ) ss: va, Cn this tit.l day of _ AD 2014, before me, the undersigned, A Notary Public in and for the S to of Iowa, personally appeared Larry E. McDermott, a Partner of English Ridge LLC, to me personally known, who being by me duly swom, did say that he Is a Partner of said Corporation, that no seal has been procured by the said Corporation that said instrument was signed on behalf of said Corporation by authority of its Board of Directors; and that said Larry E. McDermott, a Partner of English Ridge LLC, acknowledged the execution of said instrument to be the voluntary act and deed of said Corporation by it and by him voluntarily executed. Witness my hand and Notarial Seal on the date above written. 14 j l' %)164km '0: .P 0=ry^ub ,S1 e taryofI7nrd _ 7—/L3/&i 41 File Number: 2014-00006890 Seq: 3 •Page 4 OT • City of Dubuque Planning Services Dubuque, Iowa Sheet 4 of 4 C1w Z- 2014 The foregoing Final Plat of: ENGLISH RIDGE SUBDIVISION NO. 4, was reviewed and approved by the City of Dubuque Planning Services Department on the date first written above. Planning Services Department By: 4t City Planner of the City of Dubuque, IA City Assessor's Certificate Dubuque, Iowa fe� 2014 The foregoing Final Plat of: ENGLISH RIDGE SUBDIVISION NO. 4, was entered of record in the Office of the City Assessor of the County of Dubuque, Iowa, on the date first written above. City Assessor of the Coun of Dubuque, Iowa COUNTY AUDITOR Dubuque, Iowa The foregoing Final Plat of: ENGLISH RIDGE SUBDIVISION NO. the office of the Dubuque County Auditor this a 74' day of We approve of the subdivision name or title to be recorded. Dubuque, Iowa 2014 4, was entered of record in une 2014. a J JxrIr,S� /k �kA4- j County Auditor of Dubulug, {omia�h . 'lc.i.a:t1 •Q 1,u,2 rQ Recorder's Certificate •++,7y S 944,14.21____, 2014 The foregoing Final Plat of: ENGLISH RIDGE SUBDIVISION NO. 4, has been reviewed by the Dubuque County Recorder. Alk/.4 Dubuq a Courff Recorder 42 File Number: 2014.00006890 Seq: 4 Doo 10: 000073600004 Typo: 0E11 Kind: SURVEY PLAT Recorded: 01/18/2014 a 04:17:42 1Y1 D40 400•queCaunt00 WA 1 01 4 Kathy Flynn Thurlov Recorder F13o2014--00009028 PR 00 n0 1_ai as l - -'`- . �i `' � N o....�CE Yea .z' gam` m 4 .. s 4fY �JO - ,,, .. ; �� °y lilk ��—*All C € m 10 t m ° m a 5` g 7g 3, i'R x ?er a DB S edd g (, 2, # i = Rao y man®a� iii�� HOgeara.�.gNB R� o m& 0 S r:ft 7'ynIV a by $y P a.a Z� o No u o Pa ,411 ___ _ L DI w // " oP1 ��/r_ _.... __. mil 1111 all , 1 Z T 2 Do' 0 (1'� - 8 CA A2 415- " 6 " ` ,I i" 1 A. a -9 N 0 p iii 7 0mg c v p . ,sSx ALoo Fx„ a om A'r`'Kbi� o n �- OF Ng_ gggo PF R ga@ � .r it 8 ill oA e_e n�� I I .,914;8 1811: 11:$g _^ �0a 8 r gFR g:N! 0W0 cv X C O oili -" ` C)Z ne gg 00 a "�� SHEET TITLE PROJECT N0. 13260 DATE RENSIORB 1 DRAM BY: 4 m Final flat of PREPARED E00 Ecus, RIDGE MC y HDon BUSSING ASBOCUlEB INC. 1/iD/14 7/7/14 1 IPL ENGLISH RIDGE SUBDIVISION 00. 5 '+ 1.114'00 t.100 eACMO, AHD 3RRPBVDRT rv. rav x I CHECKED DY: DUBUQUE, A 5200! , 000 5 SEE BAR SCALE TIJ: 43 0066(320 Nx: OO 0310 k ASSOCRIES 0000123: 1212 LOCUST 512001. 000U256. AWA 22000 P1101K: (503) 556-4339 N3 5REE1 1)10E 4 FfOd 90( of ENOUSN RIDCE SU0505ISION N0, 5 PROJECT 1 40. 13260 POEPPA10 60* ENELSN 01CCE LLC oho Lawr :,01354, NEOn 107 H0 000000E. 28 3 gATCS C55ti �NG.�' xe Arwno s01.611s �A 21(101/t110 001E RE rOS10NS 1/00/14 7/7/94 DRAM 0Y: 0RL 5CALE Ci#CKEO 044 SEE BAR 000LE 44 Sheet 3 of 4 Surveyor's Certificate I, Terry L. Koelker, a Duly Licensed Land Surveyor in the State of Iowa, do hereby certify that the following real estate was surveyed and platted by me or under my direct personal supervision, To Wit: Lot A of English Ridge Subdivision No. 4 in the City of Dubuque, Dubuque County, Iowa. This survey was performed for the purpose of subdividing and platting said real estate henceforth to be known as ENGLISH RIDGE SUBDIVISION NO. 5 in the City of Dubuque, Dubuque County, Iowa. The Total area of ENGLISH RIDGE SUBDIVISION NO. 5 is 18.009 acres. All Lot areas are more or less and all Lots are subject to easements, reservations, restrictions, and rights-of-way of record and not of record, the plat of which Is attached hereto and made a part of this certificate. I hereby certify that this land surveying document was prepared and the related survey work was performed by me or under my direct personal supervision and that 1 am a duly licensed Land Surveyor under the laws of the State of Iowa. Terry L. Koelker Licensed Land Surveyor License No. 15487 Owner's Consent Dubuque, Iowa 71g//d! Date License Renewal Date 12/31/15 2014 The foregoing Final Rat of: ENGLISH RIDGE SUBDIVISION NO. 5, is made with the free consent and in accordance with the desires of the undersigned owners and proprietors of said real estate. English Ridge, LLC Larry E. M ermott, Partner State of Iowa } } County of Dubuque ) ss: �/ Si --On this /J— ' day of 17`11_4U AD 2014, before me, the undersigned, A Notary Public in and for the State of f6wa, personally appeared Larry E. McDermott, a Partner of English Ridge LLC, to me personally known, who being by me duly swom, did say that he is a Partner of said Corporation, that no seal has been procured by the said Corporation that said instrument was signed on behalf of said Corporation by authority of its Board of Directors; and that said Larry E. McDermott, a Partner of English Ridge LLC, acknowledged the execution of said instrument to be the voluntary act and deed of said Corporation by it and by him voluntarily executed. Witness my hand and Notarial Seal on the date above written. 1. Notary Publl�or the Sta of HERBERT W. DOLPHIN Commission Number 738926 My Comm. Exp, 45 Sheet4of4 City of Dubuque Planning Services Dubuque, Iowa A� Iii 2014 The foregoing Final Plat of: ENGLISH RIDGE SUBDIVISION NO. 5, was reviewed and approved by the City of Dubuque Planning Services Department on the date first written above, Planning Services Department By: City Planner of the City of Dubu ue, IA City Assessor's Certificate Dubuque, Iowa 2014 The foregoing Final Plat of: ENGLISH RIDGE SUBDIVISION NO. 5, was entered of record in the Office of the City Assessor of the County of Dubuque, Iowa, on the date first written above. City Assessor of the County Dubuque, Iowa COUNTY AUDITOR Dubuque, Iowa The foregoing Final Plat of: ENGLISH RIDGE SUBDIVISION N the office of the Dubuque County Auditor this Pg day of We approve of the subdivision name or title to be recorded. u.1 '2014 pp County Auditorcifif bilq�r\. 001 Recorder's Certificate Dubuque, Iowa _airiza., 2014 The foregoing Final Plat of: ENGLISH RIDGE SUBDIVISION NO. 5, has been reviewed by the Dubuque County Recorder. keXt 94 g Dubuqu Counn Recorder o > orderrder e. ,ice., 46 tl� 12a, '-.. ", ,,,iiilll !J� FI f_J f------1, vn, a f 6 S, I/ pFvG 9. ! imggs H5 1 m �es _ - Rff�' lf` Final PIS :NGLISH RIDGE SU TY OF DUBUQUE, ENOLI41 ROM 9111301.M011 Mo, 1 SCALE_1" 300' 0' 150' 0' • • ��r � PM d 9. 06 It 4 Sp1/ ...- „/ 04' SYE.— nnE P9p..ECY ( NO. 12252 NG DA 9cN$iy6$ 1 OFO y Ern ;foul Pio_ of:1 ' •I .. >ca: L ouw wixx c �{•=y i^.^m'u auE a/12/14, 9/291f• lim ENGL•SP PJBGE •S i osauon - o Y`:1t • = 121120(ED 9'r OSBG-09GN MO. 6 222 Dm? SCh.i Il{ 47 - I sij BILE NB 12255 mct Plat a:. eN;;usa RIUO C71 i SUBDIVISION NO.. BI a UESi OS j o$ge p JY; nx 48 Page 1 of 3 m0ARDO Rn MIMSa 23100Ai AGSMS 2 2 204092 STREET, IDE III NMI 11311 111 Dee ID: 007223070002 Type; CEN Kind: SURVEY PLAT Recorded: at Fee Amt: 911.0012/01/2011 PROW 1 of312:28:67 Ph Dubuque County Iowa Kath/ Flynn Thurlow Reoorder F11e2011-00016300 WWIL1E. WMA 5201 PRONG (Si) 598-4189 Plat of Survey of: ENGLISH RIDGE PLACE No.1 IN THE CITY OF DUBUQUE, IOWA. Comprised of: LOT 1 AND LOT 2 OF BLOCK 1 OF ENGLISH RIDGE SUBDIVISION IN THE NWI/4 OF SECTION 5 IN THE CITY OF DUBUQUE 1N 188N, R2E, (TABLE MOUND TWP.), OF THE 5TH P.M., DUBUQUE COUNTY, IOWA ROTO LOT 1 AND LOT 2 OF BLOCK 1 OF ENGLI91 2406E SUBOM909 m DIE NWI/4 of SECTION 4 Mew112E, P.M.. (TABS UBUQUEM 0051ND 1 V IOWA 45• , CENTERLINE 90"/ PIPELINE EASEMEJIIT INSTRUMENT NO 20097'0002399 / / / / / 10' UTILITY / EASEMENT/ LOT 3 BLOCK 1 ENGLISH RIOCE SUBDIVISION / LOT 9 BLOCK 1 / ENGLISH RIDGE SOBO@1SION &LO u7 i T EASEM�NT • 1 ^�q / 9 OTOK1 10' UnUT0 / mDu N. EASEMENT 'y / ,L0/T 1 E5 UTILITY /0 'J. EASEMENT? ,/o EASEMENT,[ ti / 10' uIIUTY __EASEMENT wT / l'aW / N / /-0 / LOT 10 BLOCK 1 ENCUSH RIDGE SUBDIVISION LOT 11 BLOCK 1 ENGLISH RIDGE SUBDIVISION 56.841 / UNE BEARING DISTANCE Li N 00221201 W 10.17' L2 S 52.10'78• W 12.09' C1 L1 Vti f0' UTILITY EASEMENT STONE VALLEY DRIVE (60' ROW) CURVE DELTA LFNBTH RADIUS TANGENT CHORD CHORD OEARINO C1 10'04'10" 47.48' 270.00 27.78' 47.41Y H 80.21'41 W LEGEND • B/6' RFRM (FMN0) (CAPPED. '15400', MANGE) SURYEY BWNOARY OWING PROPERTY IME — — EASEMENT UNE - -- FORMER PROPERTY UNE ECMO 04401000 ROW m910 CF WAY S SCUMS FEET BNHER W PROPRIETOR: LOT 1 AND LOT 2 D' 22201 1 M ENC1181 ROLE 000019303 IS 411E111 CONS1RUC109 COMPANY ROW 0' 25' 50' II,, 15 MEASUREMENTS ARE M FEET AND OECI9AIS THEREOF. 2. 1145 PLAT IS 504.ECT TO ALL 00002 13 OF RECORD 100 NOT Cr MM. 3. 1t EASINESS SHEAR ON TMS PIAT ARE EASING EASEMENTS CREATED 111 INSTRUMENT NO 1009-0002199 I FIERE011 CERTIFY THAT THIS LANG SURVEYING D0004ENT wAS PREPARED AND THE RELATE0 SURVEY'MMK WAS PERFORMED BY ME OR UNDER MY DIRECT PERSONAL SUPER0SION ANO 111AT 1 AM A DULY CENSER LAND 1 •' UNDER THE LAWS OF 111E STATE OF IOWA. aptrr /(DATE))91 // LICENSE NUMBER (2407 MY ODENSE RENEWAL DATE IS DECEMBER 31. 2013 SHEETS C00RED 05 THIS SEAL : SHEETS 1 22 2 SHEET 11112 PLAT OF SURVEY PROJECT 1 ND. 07054 PIL.M1 101: KU. CONSMISION L 1? 0 0 X OMD OEN 0(0(iA L (0 1 LN MTG aw'xuA TTAW mAPETONR uMe fH-,' DATE REw9QIS 0041511 BY. 11/29/11 9204. SCALE: CHECKED BY: 111E File Number" Q'Y00018300 Seq: 49 Page 2 of 3 Surveyor's Certificate Sheet 2of3 I, Terry L. Koelker, a Duly Licensed Land Surveyor in the State of Iowa, do hereby certify that the following real estate was surveyed and platted by me or under my direct personal supervision, To Wit: Lot 1 and Lot 2 of Block 1 of English Ridge Subdivision in the NW1/4 of Section 5 in the City of Dubuque, T88N, R2E (Table Mound TWP) of the 5th P.M., Dubuque County, Iowa. This survey was performed for the purpose of subdividing and platting said real estate henceforth to be known as ENGLISH RIDGE PLACE No. 1 in the City of Dubuque, Dubuque County, Iowa. Total area of LOT 1 ENGLISH RIDGE PLACE No. 1 is 19,521 square feet. All Lot areas are more or less and all Lots are subject to easements, reservations, restrictions, and rights-of-way of record and not of record, the plat of which is attached hereto and made a part of this certificate. . I hereby certify that this land surveying document was prepared and the related survey work was performed by me or under my direct personal supervision and that I am a duly licensed Land Surveyor under thelawsof the State of Iowa. 13)/C7--e-,..<1 Terry L.'Koelker Date Licensed Land Surveyor License No. 15487 License Renewal Date: 12/31/11 Owner's Consent Dubuque, Iowa --P6 G. ilia 2011 The foregoing Plat of Survey of: ENGLISH RIDGE PLACE No. 1 in the City of Dubuque, Dubuque County, Iowa is made with the free consent and in accordance with the desires of the undersigned owners and proprietors of Lot 1 and 2 of Block 1 of English Ridge Subdivision in NW1/4, Section 5 In the City of Dubuque, T88N, R2E (Table' Mound TWP) of the 5`h P.M., Dubuque County, Iowa. Klein Construction Company A Ronald Klein, President State of Iowa County of Dubuque ) ss: On this 1 day of D!=a.dwti3r2i , AD 2011, before me the undersigned, A Notary Public in and for the State of Iowa, personally appeared Ronald Klein to me personally known, who, being duly swom did say that said Ronald Klein, Is the President o f Klein Construction Company, that the seal affixed to the above instrument was signed and sealed on behalf of said Corporation by authority of its Board of Directors, and that said Ronald Klein, is the President and acknowledged the execution of said instrument to be the voluntary act and deed of said Corporation by it voluntarily' executed. 4k, Witness my hand and Notarial Seal on the date above written. ' fj ti, (74 Notary Public in and for the State 6:Io Yt 50 File Number: 2011-00018300 Seq: 2 Paye 3 of 3 Sheet 3 of 3 City of Dubuque Planning Services Dubuque, Iowa pec., I 2011 The foregoing Plat of Survey of: ENGLISH RIDGE PLACE No. 1 In the City of Dubuque, Iowa was reviewed and approved by the City of Dubuque Planning Services on the date first written above. By �.Q. PlanningServices.. Laura Carstens, City Planner City of Dubuque, IA City Assessor's Certificate Dubuque, Iowa fol- rl , 2011 The foregoing Plat of Survey of: ENGLISH RIDGE PLACE No. 1 in the City of Dubuque, Iowa was entered of record in the Office of the City Assessor of the City of Dubuque, Iowa, on the date first written above. Iva Richard A. Engelken, Ci Assessor City of Dubuque, IA County Auditor Dubuque, Iowa 201 t' The foregoing plat was entered of record in the office of the Dubuque Cou it uditb it is 1 day of ?),cGe r ,2011. We approve of the subdivision name or title to be recorded. f t • t� 5 . t i Denise M. Dolan Count Auditorpf Duq Recorder's Certificate Dubuque, Iowa 4C. 1St 2011 The foregoing Plat of Survey of: ENGLISH RIDGE PLACE No. 1 in the City of Dubuque, Dubuque County, Iowa, has been reviewed by the Dubuque County Recorder. Kathy Flynn Thurlow Dubuque County Recorder 51 File Number: 2011.00018300 Seq: 3 RESOLUTION NO. 40-16 APPROVING AN AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND ENGLISH RIDGE, L.L.C. FOR THE DEVELOPMENT OF PROPERTY IN THE ENGLISH RIDGE HOUSING URBAN RENEWAL AREA Whereas, the City Council, by Resolution No. 348-15, dated October 5, 2015, declared its intent to establish the English Ridge Housing Urban Renewal Area; and Whereas, pursuant to published notice, a public hearing was held on the intent to establish the English Ridge Housing Urban Renewal Area on November 2, 2015 at 6:30 p.m. in the City Council Chambers at the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa; and Whereas, the City Council, following the public hearing, by Resolution No. 380-15, approved the English Ridge Housing Urban Renewal Area; and Whereas, English Ridge, L.L.C. is the owner of property in the English Ridge Housing Urban Renewal Area (the Property); and Whereas, the City Council and English Ridge, L.L.C. desire to enter into the Development Agreement attached hereto for the development of the Property; and Whereas, it is the determination of the City Council that approval of the Development Agreement according to the terms and conditions set out in the Development Agreement is in the public interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Development Agreement by and between the City of Dubuque and English Ridge, L.L.C. is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute the Development Agreement on behalf of the City and City Clerk is authorized and directed to attest to his signature. Section 3. That the City Manager is authorized to take such actions as are necessary to comply with the terms of the Development Agreement as herein approved. PASSED, APPROVED, AND ADOPTED this 1 5th day of Fe ru , 2 16. Roy D. Buolf 'Mayor ATTEST: Kevin S.' irnstahl, City Clerk CERTIFICATE of the CITY CLERK STATE OF IOWA ) SS: COUNTY OF DUBUQUE ) I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached Resolution No. 40-16 is a true and correct copy of the original. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa, on this 25th day of March, 2016. Kevi ,-S. Firnstahh, C City Clerk {SEAL) 4^0 :tf`. • THE CITY OF Dui Masterpiece on the Mississippi HOUSING TIF DISTRICTS WHAT IS TAX -INCREMENT FINANCING (TIF) Tax -increment financing (TIF) is an important and flexible tool used in communities for three main purposes: promoting economic development, eliminating slum and blight, and facilitating housing development. When a TIF district is created, a "base" valuation of the property value is established. The base valuation accounts for assessed values prior to the TIF designation. The tax revenue from this base value remains with all taxing authorities. Increases in the assessed value over time over and above the base are called the "increment." The TIF authority (in this case, the City of Dubuque) may access the tax revenue generated by the increment, to fulfill the designated purpose of the district. Tax Increment Financing PROPERTY VALUATION 5,00 EXAMPLE TAX INCREMENT GENERATED OVERTIME POST TIF INCREASED VALUATION TO TAXING AUTHORITY TODAY TIF STARTS BASELINE VALUATION TIME END OF TIF HOW IS TIF USED BY CITIES? TIF is typically used by cities to fund public improvement projects or private project -based financial assistance, in conjunction with developing or redeveloping different parts of a city. This may include upgrading areas of the city suffering from slum and blight, helping residential development efforts, and enhancing economic development activities. Depending on the size of the project, cities may use the annual increment to provide project funding or may need to incur debt to finance an improvement, such as installing infrastructure. TIF FOR HOUSING INFRASTRUCTURE Cities can use Tax Increment Financing (TIF) to pay the cost of • streets, • water, • sanitary and storm sewers, • parks, • trails, and • related public improvements for new housing development by creating Housing TIF Districts. Housing TIF Districts support reinvestment and redevelopment activities in the urban renewal area and support revitalization within the area and the community for low- and moderate -income families. Cities can establish Housing TIF Districts within their corporate limits and within two miles of their corporate boundaries with the consent of the County Board of Supervisors. Housing TIF in Dubuqu The City of Dubuque's use of Housing TIF is a Dubuque City Council priority. The City Council's 15 -year vision statement for Dubuque calls for a "strong, diverse economy and expanding connectivity" and "choices of quality, livable neighborhoods." Using Housing TIF enables Dubuque to implement projects to pursue that vision and support workforce retention and development, increase the local tax base, and address the city and school district's stagnant population growth. Positive CHANGE through Housing TIF By state law, when TIF is used for housing development, approximately 38 percent of the future tax increment revenues from the project must be used to provide housing assistance to low- and moderate -income families whose incomes are no greater than 80 percent of the median income anywhere in the city. This is starter housing for Dubuque's current and future workforce, and our most vulnerable residents, the elderly and disabled. Initial plans call for much of the affordable housing assistance to be provided in downtown neighborhoods through the City's CHANGE (Comprehensive Housing Activities for Neighborhood Growth & Enrichment) Program. Before and after photos of a housing rehabilitation project From 2016-2022, Dubuque's four Housing TIF districts are projected to generate $3.9 million for affordable housing. By utilizing Housing TIF, the City of Dubuque plans to increase the average number of new single-family homes built per year from 100 to at least 150. Tri -County Single -Family Homes Built Per Year (351): 2011-2016 Annual Average City of Dubuque • Dubuque Dubuque's Goal of Single -Family Homes Built Per Year: ■ Dubuque's Goal of at least 150 City of Dubuque • Dubuque, Grant, & JoDaviess Counties Total (Excluding City of Dubuque) ■ Dubuque, Grant, & JoDaviess Counties Total (Excluding City of Dubuque) Below are annual and total housing unit projections for the Timber Hyrst, English Ridge, South Pointe, and Rustic Point Housing TIF Districts during their terms. By the end of 2028, the City anticipates 729 new homes will have been built in these Housing TIF districts. Calendar Year Timber Hyrst English Ridge South Pointe Rustic Point Total 2015 22 ■ 22 2016 16 16 2011 48 117 2018 38 54 11 92 2019 31 25 40 12 108 2020 14 16 40 12 82 2021 12 10 40 12 74 2022 12 8 40 12 72 2023 10 8 16 12 46 2024 8 8 12 28 2025 8 12 20 2026 8 12 20 2021 8 12 20 2028 12 12 2029 0 2030 0 Total Homes Built 203 222 184 120 729 Beginning of the TIF Completion of the TIF For more information on Dubuque's Housing TIF Districts, contact the City of Dubuque Economic Development Department: 563.589.4393 I econdev@cityofdubuque.org HOUSING TIF DISTRICTS IN DUBUQUE The City of Dubuque has created four Housing TIF Districts, all with Dubuque County's consent. The Timber Hyrst Housing TIF District was formed in 2014 to promote additional residential options in Timber Hyrst Subdivision in the city, by assisting with the funding of road and utility improvements along portions of North Cascade Road. These improvements are facilitating safer travel along the road that serves as a main artery from the city of Dubuque to the Southwest Arterial by straightening some of the curves on North Cascade Road in both the city and the county. It has also allowed the City to install some needed water, sanitary, and storm sewer infrastructure. The English Ridge Housing TIF District was formed in 2015 to promote the creation of additional residential options in Dubuque, as well as to provide funding for water main installation. The South Pointe Housing TIF District is intended to generate funds for improved roads and utilities in the designated area, as well as provide funding to assist with affordable housing anywhere within the city of Dubuque. The Rustic Point Housing TIF District is intended to generate funds for the installation of sewer and water utilities related to housing and residential development, as well as supporting affordable housing anywhere within the city. Each of these Housing TIF Districts has an Urban Renewal Plan that describes the specific use of tax increment funds, such as providing tax rebates, installing public infrastructure, or other planned expenditures. These Housing TIF Districts, consistent with state law, currently set aside approximately 38 percent of project cost increment, thus providing funding for the benefit of low- and moderate -income family housing opportunities anywhere in the city of Dubuque. Housing TIF District Locations VELI ST Rustic Point Housing TIF District pSB PENNSYLVAN z English Ridge Housing TIF District Key City Limits Housing TIF Districts AV: Si 114404;4r Timber Hyrst Housing TIF District J South Pointe Housing TIF District Rev. 5/16/2017 Kevin Firnstahl From: Roy D. Buol Sent: Sunday, April 15, 2018 7:39 PM To: Kevin Firnstahl Subject: Fwd: city council meeting 4/16 Attachments: City Council letter.docx; ATT00001.htm; 17120-03-concept-rezone-pud- rev5-3-12-18.pdf; ATT00002.htm; pud plan.jpg; ATT00003.htm Sent from my iPhone Begin forwarded message: From: Tobey Carroll<t©be.y.carr©II.prudent.al.c©m> Date: April 13, 2018 at 3:28:08 PM CDT To: "rdbu©I( city©fdubuque.org," <rdbu©I( city©fdubuque.o g,>, "rones(c city©fdubuque.©rg" <r ones( city©fdubuque.©rg>, "dress...ck.city©fdubuque.©rg" <dress...ck.city©fdubuque.©rg>, "bshaw@city©fdubuque ©r.g" <bshaw@city©fdubuque ©r.g>, "idelt©r©.city©fdubuque.©rg" <ideltoro.city©fdubuque.©rg>,"k_mlarson..city©fdubuque.©rg" <kmlarson..city©fdubuque ©r.g>, "rios@cit. ofdubuue.or " <°rios@cit. ofdubuue.orµ> Subject: city council meeting 4/16 Please see the attached letter. Thank you for your time. Kindest regards, Tobey Tolbey Carroll Data Manager, Client Transition Data & Reporting / Full Service Solutions Prudential Retirement / 500 Main Street / Dubuque, IA 52001 p. 563-585-6087 / e. tobev.carroll(cprudential.com Click hereto report this email as spam. Dear Council member, I am writing to you express my concern with the requested rezoning of the English Ridge Subdivision to PUD. I am asking that you vote to keep the zoning as C-3, same as the Zoning Advisory Committee did on April 4, 2018. I am concerned that if it becomes PUD that the proposed apartments will nearly double the population in our subdivision, which will greatly impact traffic and an already overpopulated school. This directly impacts the education my children will receive, and I'm afraid that the solution to this problem (which typically takes a long time) is that it will force the school district to rezone, and many of us have moved to our homes to raise kids and reside within this particular school district. Another concern with the increased population is the traffic. With the completion of the Southwest Arterial we will be losing our direct access to Highway 20 and we will need to access it by way of a frontage road that we will share with Portzen Construction and Barrington Lake. Also the proposed entrance to the apartment complex, which can be seen in the attached proposed plans (which will be the access point for half of the residents in the subdivision) creates a dangerous intersection for the following reasons: the community mailboxes are located on the north side of this private drive, because people stop frequently with their cars at the mailboxes, it will create a blind intersection for those leaving the apartment complex. In addition, there will be heavy foot traffic that needs to cross this private drive to get the mail, and soon, it will be the route pedestrians will need to take to get to the planned park. Another concern I want to bring to your attention is that I believe that the developers do not have the interest of the community or the city in mind with their plans. The first plans he proposed (which were withdrawn at the end of March) had the apartment complexes away from our properties lines. In the current plans he has moved the apartment complex as close to the property lines as he could. We found out (from someone that he is currently building a house for in our subdivision), that he purposefully moved the apartments closer to our homes in retaliation to current residents who are fighting the rezoning request. He said anything that he puts back there now will be as close as to our properties and as high as possible. This behavior demonstrates that he does not have the community in mind with his plans. This is not the type of developer Dubuque needs. I have attached the first plans and the current plans for you to view. The developers mentioned in the advisory committee meeting that this is phase 1 of 3 and I'm extremely concerned that if they are allowed to put up a 60 unit apartment complex now, in the future it will be another 60 units or more, and that isn't the right fit for our neighborhood. Our goal is not to impede the growth of the city, but to make sure that the right growth is occurring in our back yards. Again I ask that you vote to keep the property in question as C-3 zoning. Thank you for your consideration and time, Tobey Carroll 6635 Kingsley lane. CO CO co co w z O 0 LOCUST S N N Cf) Cf) W 0) 0) BUESING & ASSOCIATES >- m PREPARED 11 0' 20' 40' 1" = 80' (11"x17") 1" = 40' (24"X36") 1 /ENGLISH ;;RIDOE SU'B..; (FUTURE PARK)', (OWNED BY CITY OF DUIENQUg, CONCEPTUAL DEVELOPMENT PLAN LOT L ENGLISH RIDGE SUBDIVISION CITY OF DUBUQUE, IOWA. THIS COMPLEX WILL CONSIST OF APPROX. 60 UNITS, WITH A POSSIBLE MIX OF APARTMENTS, ROW HOUSING, TOWN HOMES, CONDO.'S, DAYCARE, INDEPENDENT LIVING, AND ASSISTED LIVING, WITH SOME OF THEM POTENTIALLY BEING 2 STORY BUILDINGS. 1 QT; J P3�+SFi' F3JE j --- -- -- ------------- 8.5 ss `�i0T.1 ENtLISV RIDtE ZONL4 LO --JL ENGLISH ,MIDGE SUB. (STORM WATER DETENTION) _{OWNED BY CITY OF DUBUQUE) 8 2/28/2018 00 0 LO LO CO 00 SEE BAR SCALE ILO LOT 1is, 39' 8'50"E 533.20 6,,STING 19' SANITARY SEWER EASEMENT EXISTING 50' GRADING , LOT --------------- • PREPARED FOR: SAM MURLEY RON KLEIN CONCEPTUAL 0 0 (1) LA /1 ad V DI uE„ 0 ';, I11 iN .( Yio 4r 117 P urr91P 6 N'fiN r Oil g PR raffia§o iook' % !:if0i,oAAA':J . 2iurr rirr1, (i( IK:;,"7004# rlgiuur % fi d: ii ,Mr i 11WIVmr 1191" rAlg .., i� „ mrr.; mrrtam f;aFQ1JrtrGr;,,i;Od VAA v pi, ra, A: -r ur *r , 1m1..„ dJ %rG ww AR ""6,5N1 w IAEA sr ,,A vff. iiiiv111uou0 w „a' �r ��w�, rrrrrr�rmrRma�wr�r�uwmr i, u; „i0 Cllr • Arm :u= r!rk VIS/, hi Kevin Firnstahl From: Roy D. Buol Sent: Monday, April 16, 2018 11:59 AM To: Kevin Firnstahl Subject: Fwd: English Ridge subdivision rezoning Sent from my iPhone Begin forwarded message: From: Dawn Goerdt <dgoerdt0522@yahoo.com> Date: April 16, 2018 at 10:16:25 AM CDT To: "rdbuol@cityofdubuque.org" <rdbuol@cityofdubuque.org> Subject: English Ridge subdivision rezoning Reply -To: "dgoerdt0522@yahoo.com" <dgoerdt0522@yahoo.com> Dear Dubuque City Council Members, We are writing in support of the zoning change on your agenda (4/16) for the English Ridge subdivision taking roughly 4 acres from C-3 to PUD w/ a PR designation. As homeowners in the subdivision, we understand that development in the area is inevitable and we believe that this PUD makes sense to the neighborhood and for long term city planning purposes. Some questions from our friends and neighbors address different concerns: drainage, road capacity and impacts to the school district. But all of the infrastructure has been designed & approved by city engineers with growth in mind. The school district addresses capacity concerns every school year. After carefully considering the concerns that have been expressed, we do not see valid reasons to deny this zoning change. When we purchased our properties, we all knew that the Southwest Arterial would be built nearby and that development would soon follow. Before we made a large investment (our homes), we made ourselves familiar with the way the neighborhood was zoned and in all honesty, some of us had concerns with the C-3 zoning that currently exists. This development offers a rare investment into planned unit developments with amenities like those referenced in the plans (pool, clubhouse, etc...). We suspect that this development will have the best possible impact on our property values as a whole for the subdivision .vs. the nearly endless possibilities of a C-3 designation. When we were made aware of the potential change to PUD that could potentially create one of the most desirable apartment complexes in town, we were elated! We specifically ask that the city look closely at their by-laws in regards to greenspace and identify if the plans meet those requirements. 1 The City of Dubuque has expressed desire and encouraged property developers to offer more rental units spread across the city. The benefits to having rental units across the city and not all congregated in the same areas of the city are too numerous to mention. This PUD is specifically addressing some of the community concerns that have been identified in the past. After reviewing the plans by the developers, we are confident that the development will complement the neighborhood. Knowing that we will have a PUD with PR designation .vs. a potentially large commercial building or a 24/7 business, we enthusiastically ask for your support of this zoning change. If we are all being reasonable, we have understood that the property will be developed in the near future with its proximity to the SW Arterial. Categorically, this zoning change really limits the potential negative impacts to our neighborhood. Some of our neighbors are fearing this change but we are embracing the change we know (PUD) because the unknown (C-3) has potential to be much worse. Sincerely, Dawn Goerdt Sent from Yahoo Mail on Android Click here to report this email as spam. 2 Kevin Firnstahl From: Roy D. Buol Sent: Sunday, April 15, 2018 7:39 PM To: Kevin Firnstahl Subject: Fwd: English Ridge Zoning Request (4/16 -Council Meeting) Attachments: scan0083.pdf; ATT00001.htm Sent from my iPhone Begin forwarded message: From: john murphy <jmurphy1771@yahoo.com> Date: April 13, 2018 at 4:11:27 PM CDT To: "rdbuol@cityofdubuque.org" <rdbuol@cityofdubuque.org>, "rjones@cityofdubuque.org" <rjones@cityofdubuque.org>, "dresnick@cityofdubuque.org" <dresnick@cityofdubuque.org>, "bshaw@cityofdubuque.org" <bshaw@cityofdubuque.org>, "Ideltoro@cityofdubuque.org" <Ideltoro@cityofdubuque.org>, "kmlarson@cityofdubuque.org" <kmlarson@cityofdubuque.org>, "jrios@cityofdubuque.org" <Irios@cityofdubuque.org> Subject: English Ridge Zoning Request (4/16 -Council Meeting) Reply -To: john murphy <jmurphy1771@yahoo.com> Dear Council Members, I have attached a letter of support for the zoning request in the English Ridge subdivision. Please remember that people opposed to this zoning request are opposed to ANY development rather than this specific development. Thanks, John Murphy 410 Shrewsbury Lane Click here to report this email as spam. 1 Dear Dubuque City Council Members, We are writing in support of the zoning change on your agenda (4/16) for the English Ridge subdivision taking roughly 4 acres from C-3 to PUD w/ a PR designation. As homeowners in the subdivision, we understand that development in the area is inevitable and we believe that this PUD makes sense to the neighborhood and for long term city planning purposes. Some questions from our friends and neighbors address different concerns: drainage, road capacity and impacts to the school district. But all of the infrastructure has been designed & approved by city engineers with growth in mind. The school district addresses capacity concerns every school year. After carefully considering the concerns that have been expressed, we do not see valid reasons to deny this zoning change. When we purchased our properties, we all knew that the Southwest Arterial would be built nearby and that development would soon follow. Before we made a large investment (our homes), we made ourselves familiar with the way the neighborhood was zoned and in all honesty, some of us had concerns with the C-3 zoning that currently exists. This development offers a rare investment into planned unit developments with amenities like those referenced in the plans (pool, clubhouse, etc...). We suspect that this development will have the best possible impact on our property values as a whole for the subdivision .vs. the nearly endless possibilities of a C-3 designation. When we were made aware of the potential change to PUD that could potentially create one of the most desirable apartment complexes in town, we were elated! We specifically ask that the city look closely at their by-laws in regards to greenspace and identify if the plans meet those requirements. The City of Dubuque has expressed desire and encouraged property developers to offer more rental units spread across the city. The benefits to having rental units across the city and not all congregated in the same areas of the city are too numerous to mention. This PUD is specifically addressing some of the community concerns that have been identified in the past. After reviewing the plans by the developers, we are confident that the development will complement the neighborhood. Knowing that we will have a PUD with PR designation .vs. a potentially large commercial building or a 24/7 business, we enthusiastically ask for your support of this zoning change. If we are all being reasonable, we have understood that the property will be developed in the near future with its proximity to the SW Arterial. Categorically, this zoning change really limits the potential negative impacts to our neighborhood. Some of our neighbors are fearing this change but we are embracing the change we know (PUD) because the unknown (C-3) has potential to be much worse. Sincerely, 7/& (i)17 WO S. G1 V-1 uws Kevin Firnstahl From: Roy D. Buol Sent: Sunday, April 15, 2018 7:40 PM To: Kevin Firnstahl Subject: Fwd: Residential Zoning Proposal Attachments: zoning 2 (1).docx; ATT00001.htm Sent from my iPhone Begin forwarded message: From: "Richman-cesaretti, Gina" <grichman@dbqschools.org> Date: April 13, 2018 at 1:28:17 PM CDT To: "rdbuol@cityofdubuque.org" <rdbuol@cityofdubuque.org>, "rjones@cityofdubuque.org" <rjones@cityofdubuque.org>, "dresnick@cityofdubuque.org" <dresnick@cityofdubuque.org>, "bshaw@cityofdubuque.org" <bshaw@cityofdubuque.org>, "Ideltoro@cityofdubuque.org" <Ideltoro@cityofdubuque.org>, "kmlarson@cityofdubuque.org" <kmlarson@cityofdubuque.org>, "irios@cityofdubuque.org" <Irios@cityofdubuque.org> Subject: Residential Zoning Proposal Dear City of Dubuque Council Members, I am writing about the proposal to rezone a portion of land in the English Ridge Subdivision from commercial to residential. The proposal by Mr. Klein to develop 60 apartment units is a major undertaking that the residents oppose due to the location of the subdivision, the increased traffic, only one thorough street in and out of the subdivision, and the need for a recreation area/green space. Please take the time to read the attached letter which I sent to the city zoning commission. I would not be opposed to the building of condos or townhouses, which would blend in with the present neighborhood and would not impact traffic to a large scale. I am not knowledgeable about zoning laws, or if the property were zoned residential, could there be a stipulation on the square footage allowed per building? There is a major difference between a group of condos and an apartment complex. I appreciate it if you would put yourself in our shoes and look at the present needs of the subdivision, and consider the impact apartment complexes would have on the residences and their dream of buying a home in a small subdivision to raise a family with green space, minimal traffic, and a city park. Thank you for taking the time to read the attached letter, listening to residents of Dubuque, and for making a knowledgeable decision on Monday, April 16. Sincerely, Gina A. Richman Gina A. Richman School Counselor/Academic Advisor Dubuque Senior High School 563-552-5514 1 grichman@dbgschools.org Click here to report this email as spam. March 29, 2018 Dear Mr. Kritz and Dubuque Zoning Committee, I am writing to you about the upcoming decision to rezone English Ridge Subdivision scheduled for April 4th to include construction of 60 + apartment units. I, as many other residents in the neighborhood, oppose the rezoning due to serious concerns including traffic, safety, aesthetics, green space, and demographic makeup of the neighborhood. The rezoning for any residential area should NOT be taken lightly especially English Ridge with a newly constructed SW arterial and plans for a frontage road with a new entrance and exit to the subdivision and Barrington Lakes. At this point, we do not know or have seen how traffic will flow. Adding 60 + apartment units will most likely add 120 more vehicles to the small area entering and exiting from a new road and/or from English Mill Road which is not a safely designed road. Since Stone Valley Drive has opened to English Mill Rd, traffic has greatly increased. Stone Valley is the only thorough street through the subdivision and now has more traffic along with more large trucks from nearby businesses. Safety for residents is a major concern in the subdivision due to only having 1 thorough street which is the route for walkers, bicyclists, and young children riding scooters and bikes. Some blocks do not have sidewalks installed resulting in children walking and riding toys in the street. The road is also dimly lit and often, walkers at dusk are not visible to drivers from a distance. It is frustrating and disappointing to even consider adding more traffic with 60+ apartment units to an area that young families believed would be a safe and green area to raise families. English Ridge is in the city and the residents pay city taxes, yet the youth here do not have access to city amenities such as the Jule bus or even a small park or walking trail. Greater Dubuque Association advertises "Come home to Dubuque where it is a great place to raise a family", so please consider the families who invested in English Ridge wanting to reside in the city limits. Other subdivisions with newer homes and young families close to the arterial such as Wynstone, Pebble Cove, and Arbor Estates have access to the Jule and safe ways to cross the arterial and JFK road. Those residents have safe access to bike/ walking paths, and parks and greenspace. The youth there can safely cross JFK and the arterial to go to the AMC or bike on the bike paths or explore nature at the arboretum. English Ridge residents were led to believe a park or a recreational area would be developed in the future. Please take into consideration the taxpayers and families in a small neighborhood and their access to city amenities. It is not in the best interest of the families who invested into a neighborhood with single family homes to add large apartment complexes. Our youth under 16 are landlocked by a highway—without a bike path/ a walking bridge over the highway, or city bus access to go to a movie, city pool, library, or park without an adult to drive them. Studies show that young people need a safe and open place to hang out in a neighborhood like a park or a basketball court or trails to hike, not more apartments and more traffic up and down one main street. Greenspace and nature is also needed for mindfulness and emotional wellbeing rather than more concrete and crowded roadways. The young families who decided to invest in their homes and children built in English Ridge because it in the city yet had a country feeling where the youth would be able to explore and not worry about busy roads and traffic. Other subdivisions have built condos and/or townhouses which would be feasible if need be, but not apartment complexes. Please respect the taxpayers of this area, and take a serious look at what city amenities are offered here — no developed greenspace, no bus service, no walking path, bike route, no playground area etc. Dubuque youth and young families should get the best resources available because our youth is the future of Dubuque. All youth deserve to be able to enjoy nature and quietness in this age of technology. Please ask yourself when considering the rezoning, — "how will apartment complexes better serve the city residents and youth of English Ridge Estates in the areas of recreation, greenspace, nature, traffic, and safety. I appreciate you taking the time to consider these concerns from the residents of English Ridge Estates. I am a senior citizen with no children residing with me, so my concern is not a personal one, but rather a citizen's concern for the youth, their resources, safety, and living space. Hopefully the council will soon investigate a safe passage to exit the subdivision on foot or bike. Thank you for your involvement in the city's zoning and building and researching the needs of the residents of English Ridge Estates. I don't doubt you are faced with many dilemmas, but if there is a need for additional residents in this area, consider building a group of condos or townhouses, not apartment units. Sincerely, Gina Richman 6534 N. Dorchester Ln Dubuque, IA 52003 grichman@d1b.gschoolls.org 563-500-0032 Kevin Firnstahl From: Roy D. Buol Sent: Sunday, April 15, 2018 7:38 PM To: Kevin Firnstahl Subject: Fwd: City Council meeting letter Attachments: city council meeting.docx; ATT00001.htm Sent from my iPhone Begin forwarded message: From: Kelly Ungs <kelly.Iynn.ungs@gmail.com> Date: April 15, 2018 at 4:42:09 PM CDT To: rdbuol@cityofdubuque.org, riones@cityofdubuque.org, dresnick@cityofdubuque.org, bshaw@cityofdubuque.org, Ideltoro@cityofdubuque.org, kmlarson@cityofdubuque.org, irios@cityofdubuque.org Subject: City Council meeting letter Hello, Attached I have a letter in regards to the zoning request for the English Ridge Subdivision that will be addressed at Monday evening's city council meeting. I have pasted it below in case there are issues with the attachment. Thank you for taking the time to read it. To Whom it May Concern, My name is Kelly Ungs. My husband, Jason, and our 4 children live at 6610 Kingsley Ln., which is across the street from the proposed zoning change from C-3 to PUD for development of a 60 -unit apartment complex which we are very much against. We purchased and moved into our home in 2011 just before the birth of our first child. We chose this family -friendly neighborhood because it has a country feel on the outskirts of Dubuque, yet is close enough to work and all the conveniences that Dubuque offers. We are outraged to learn that plans for an apartment complex exist so close to our home. Before we purchased our home, we looked at a property off of Seippel Rd. but declined to purchase that home because there are multi -unit developments nearby and were told the English Ridge subdivision would include only residential development with a covenant that includes a clause that there can be no renters. With 4 children ages 6 and under, our primary concern is safety. A 60 -unit apartment complex adds another prospective 120 vehicles and a lot more traffic. Stone Valley Drive is already a busy street and will be even busier with the upcoming opening of the SW Arterial. There are no sidewalks along Stone Valley from Kingsley Ln. to Hwy 20, so we must walk on the street get to the mailboxes. Many neighbors walk, jog, walk pets, and bike on Stone Valley Dr. and their safety is paramount. Our neighborhood is a community. We have 16+ young children (toddler to elementary age) on Kingsley Ln. alone and more up the street on Kingsley Ct. that regularly come down to play. On any given weekend night when the weather is nice, you will see everybody out in their lawn chairs hanging out with the neighbors. We have a strong sense of community here—which makes us feel very safe and comfortable in our neighborhood. My husband and I often complain that we need a bigger house with 1 more storage and a 3.d garage stall for all of our kids' stuff but, though it would be financially possible, we aren't even looking because we know we will never find a neighborhood that compares to this one. We feel an apartment complex does not fit into our community. Economically, apartment buildings do not belong here. This neighborhood has many $250,000-$300,000 homes and people wanting to purchase homes in that price range are not looking for a home with a view of an apartment building in the front yard. It is well established that there is a stigma about properties near apartment complexes— they have more traffic, are perceived to be more crowded, and this tends to decrease marketability of single family homes nearby because the apartment complex discourages prospective buyers. When we chose a lot in the English Ridge Subdivision, our realtor told us that there were plans to fill the subdivision with single-family homes. Nothing was mentioned about the possibility of an apartment complex and we would not have moved here if that were the case. If the apartment complex does cause safety issues for our children, we will be looking to relocate even though it means giving up the neighborhood of our dreams. I will be unable to attend to city council meeting on Monday, April 16, due to previous work commitments at the hospital that I was unable to change but my husband will be present on behalf of our family. Thank you for your time and attention. Sincerely, Kelly Ungs Click here to report this email as spam. 2 To Whom it May Concern, My name is Kelly Ungs. My husband, Jason, and our 4 children live at 6610 Kingsley Ln., which is across the street from the proposed zoning change from C-3 to PUD for development of a 60 - unit apartment complex which we are very much against. We purchased and moved into our home in 2011 just before the birth of our first child. We chose this family -friendly neighborhood because it has a country feel on the outskirts of Dubuque, yet is close enough to work and all the conveniences that Dubuque offers. We are outraged to learn that plans for an apartment complex exist so close to our home. Before we purchased our home, we looked at a property off of Seippel Rd. but declined to purchase that home because there are multi -unit developments nearby and were told the English Ridge subdivision would include only residential development with a covenant that includes a clause that there can be no renters. With 4 children ages 6 and under, our primary concern is safety. A 60 -unit apartment complex adds another prospective 120 vehicles and a lot more traffic. Stone Valley Drive is already a busy street and will be even busier with the upcoming opening of the SW Arterial. There are no sidewalks along Stone Valley from Kingsley Ln. to Hwy 20, so we must walk on the street get to the mailboxes. Many neighbors walk, jog, walk pets, and bike on Stone Valley Dr. and their safety is paramount. Our neighborhood is a community. We have 16+ young children (toddler to elementary age) on Kingsley Ln. alone and more up the street on Kingsley Ct. that regularly come down to play. On any given weekend night when the weather is nice, you will see everybody out in their lawn chairs hanging out with the neighbors. We have a strong sense of community here—which makes us feel very safe and comfortable in our neighborhood. My husband and I often complain that we need a bigger house with more storage and a 3.d garage stall for all of our kids' stuff but, though it would be financially possible, we aren't even looking because we know we will never find a neighborhood that compares to this one. We feel an apartment complex does not fit into our community. Economically, apartment buildings do not belong here. This neighborhood has many $250,000-$300,000 homes and people wanting to purchase homes in that price range are not looking for a home with a view of an apartment building in the front yard. It is well established that there is a stigma about properties near apartment complexes—they have more traffic, are perceived to be more crowded, and this tends to decrease marketability of single family homes nearby because the apartment complex discourages prospective buyers. When we chose a lot in the English Ridge Subdivision, our realtor told us that there were plans to fill the subdivision with single-family homes. Nothing was mentioned about the possibility of an apartment complex and we would not have moved here if that were the case. If the apartment complex does cause safety issues for our children, we will be looking to relocate even though it means giving up the neighborhood of our dreams. I will be unable to attend to city council meeting on Monday, April 16, due to previous work commitments at the hospital that I was unable to change but my husband will be present on behalf of our family. Thank you for your time and attention. Sincerely, Kelly Ungs Kevin Firnstahl From: Roy D. Buol Sent: Friday, April 13, 2018 2:29 PM To: Kevin Firnstahl Subject: Fw: Please Consider Attachments: English Ridge re-zoning.pdf From: Kevin Wieser <dubuque@brownsshoefitco.com> Sent: Friday, April 13, 2018 12:04 PM To: Roy D. Buol Subject: Please Consider Mayor Buol: Please see attached letter of concern and consider voting yes on the re -zoning of English Ridge subdivision. Thank you. Kevin Wieser Owner/Manager Browns Shoe Fit Company #44 806 Wacker Dr. Suite 130 Dubuque, IA 52002 563-845-7699 (p) 563-845-7700 (f) Virus -free. www.avast.com Click here to report this email as spam. 1 To whom it may concern: I am writing this letter regarding the zoning change on the agenda on 4-16-18 of the English Ridge subdivision taking roughly 4 acres from C-3 to PUD w/ a PR designation and strongly ask that you consider voting in favor of the re -zoning. Currently English Ridge subdivision is rich with quality families and kids of all age groups. One drive through the subdivision on a nice day and you will instantly get a warm, friendly feeling as kids and parents are all congregated together and enjoying the quality of life the subdivision provides. The current C-3 zoning that currently exists, threatens to take this away. I don't want our children and the children of my neighbors to be concerned to go outside for fear of greater traffic concerns, or the threat of unknown workers/trucking that potentially isn't even local. This threat is very real and very concerning. firmly believe that by re -zoning to PUD, the neighbors can continue the rich heritage the subdivision currently provides and even expand on it. After reviewing the current development plans for upscale apartment living, I truly feel this is the most beneficial option for everyone, Neighbors of the subdivision, as well as growth of the Dubuque community. I understand that commercial growth is necessary to continue the strength of the community, but] firmly believe there are more adequate areas to expand this and not impose on such a thriving subdistrict. Thank you so much for your careful consideration of re -zoning the English Ridge subdivision and for using any compassion for current neighbors of the English Ridge subdivision in making this decision. New Homeowners/Neighbors of English Ridge Subdivision: Kevin, Jessi ., and Aydan Wieser Kevin Firnstahl From: Citizen Support Center <dubuqueia@mycusthelp.net> Sent: Monday, April 16, 2018 9:52 AM To: Kevin Firnstahl Subject: "Contact Us" inquiry from City of Dubuque website Attachments: English_Ridge.docx; IMG951269jpg; IMG951270jpg; IMG951271jpg; IMG951272jpg Contact Us Name: Dawn Young Address: Ward: Phone: 563-590-1662 Email: dmyoungk4@gmail.com City Department: City Council Message: Please see the attached letter and photos regarding the proposed zoning change for the English Ridge neighborhood. I would appreciate your review and consideration of the information. Thanks for all you do. Click here to report this email as spam. 1 Comments on (proposed) zoning change from C3 to PUD Monday, April 16, 2018 My name is Dawn Young. I am a current homeowner in the English Ridge subdivision. Many current residents, including me, are concerned about the proposed change. Residents who purchased homes in this subdivision, did so because this subdivision was planned and marketed as single family residences. The area has a distinct country flavor, due to being surrounded by cornfields and a wetlands type area which attract deer, several species of birds, and even beavers; but is still conveniently located close to west end businesses. Many people, myself included, purchased in this area for this specific combination. This neighborhood is filled with children of all ages and would greatly benefit from a park. It is concerning to learn that a zoning change is suddenly on the city's radar, while the park appears to be slated for "future development" with no potential construction date in sight. I invite you to drive through our neighborhood any day there is no school, and the weather is good. There are many, many kids out playing, clearly visible. You will see that the street most affected by the potential zoning change, Kingsley, is jam packed with kids out playing ball, on their bicycles, tricycles or simply being outside, spilling into the street, because there is nowhere to go. To me, this is a clear safety concern with the residents we currently have. If 60 apartments are added, it is my expectation this safety hazard would only increase. Yet, this zoning change is moving so much faster than our park that has been promised. At the very least, it seems like common sense to align these projects so they progress on the same timeline. We also have many people who walk/jog early in the morning and/or later in the evening, myself included. In attending the zoning commission meeting on this topic, I learned that both the Barrington neighborhood as well as English Ridge, will be served by a frontage road to gain access to Highway 20, as part of the Southwest Arterial project. I am concerned about the traffic patterns that will change as a result of closing off Highway 20, and adding 60 apartments. I already have safety concerns when I walk along Stone Valley due to missing sidewalks, construction debris, speed issues, etc. I am not convinced that it's a wise plan to add the frontage road and add 60 apartments all at once. This project is progressing remarkably fast and I wonder if these collective changes have been fully considered. I also respectfully ask you to take a close look at the developer, Ron Klein. It has been my personal experience that he does not always deliver what he promises. In my own experience, I had a water runoff issue on my property. This can be verified with the City Engineering Department. I spoke to Mr. Klein several times, asking for help with the field runoff. I naively expected that, as one of the owners of the subdivision, that he would be more than willing to help lay extra tile, or work with me to mitigate a problem experienced by me as well as surrounding neighbors. I ended up spending $6,000-7,000 out of pocket to mitigate water in my basement. Many people in English Ridge have had water issues as well, with no cooperation from Mr. Klein. If you'd like specific names, please let me know and I can arrange for them reach out to you. Additionally, please review the photos I've attached of the debris routinely left in random spots around the subdivision. These discarded construction materials are a safety hazard, due to the nature of the materials, and as a trip hazard with sidewalks still to be poured in many areas. And, they are just plain unsightly. The photos also include a large construction trailer that is parked in areas that regularly hamper snow removal. The concern is that with a large-scale project, as described in the plans for the apartment complex, that based on previous history, the debris around the neighborhood will be multiplied exponentially. A zoning plan that includes additional single family residences, instead of apartments, with provisions for a community park and continued existence of wetland/greenspace type areas would be a better fit with existing residents. After all, that is the expectation of people who bought/built homes here. We could also reasonably expect the same level of construction debris and contractor traffic. In closing, my questions for the commission are: 1. Why does it need to be apartments? Is there potential for continued single family residences? 2. Is it feasible to include a park in the plans for the safety reasons previously stated? I respectfully ask that you put yourselves in our place for a moment. Please, consider a situation where you have a new home, a new baby, and/or several young children. If you had been told at purchase and subsequently moved here with the expectation of moving to a quiet, family friendly neighborhood, knowing that only single family residences were being built, and a park for your kids was coming, how would you feel upon learning that everything you were told about the neighborhood wasn't going to be as described before you made the purchase? Wouldn't you be concerned? Wouldn't you have questions about the development? This is our home. As valued members of the community, we should have a voice in any future development. It is the right thing to do. Thank you, Dawn Young 6624 S Dorchester Ln English Ridge Subdivision -__, AilP 41111111,0r, Kevin Firnstahl From: Kelly Ungs <kelly.lynn.ungs@gmail.com> Sent: Monday, April 16, 2018 9:17 AM To: Kevin Firnstahl Attachments: city council meeting.docx Hello, The following is a letter I drafted for City Council members since I will be unable to attend due to work commitments that I was unable to change. I emailed it to the city council members but was informed that the proper channel is through the city clerk to become a part of the public record. Please submit this for review prior to the meeting tonight in regards to the rezoning of part of the English Ridge subdivision. Thank you for your time. I have pasted the letter below in case there are problems with the attachment. To Whom it May Concern, My name is Kelly Ungs. My husband, Jason, and our 4 children live at 6610 Kingsley Ln., which is across the street from the proposed zoning change from C-3 to PUD for development of a 60 -unit apartment complex which we are very much against. We purchased and moved into our home in 2011 just before the birth of our first child. We chose this family - friendly neighborhood because it has a country feel on the outskirts of Dubuque, yet is close enough to work and all the conveniences that Dubuque offers. We are outraged to learn that plans for an apartment complex exist so close to our home. Before we purchased our home, we looked at a property off of Seippel Rd. but declined to purchase that home because there are multi -unit developments nearby and were told the English Ridge subdivision would include only residential development with a covenant that includes a clause that there can be no renters. With 4 children ages 6 and under, our primary concern is safety. A 60 -unit apartment complex adds another prospective 120 vehicles and a lot more traffic. Stone Valley Drive is already a busy street and will be even busier with the upcoming opening of the SW Arterial. There are no sidewalks along Stone Valley from Kingsley Ln. to Hwy 20, so we must walk on the street get to the mailboxes. Many neighbors walk, jog, walk pets, and bike on Stone Valley Dr. and their safety is paramount. Our neighborhood is a community. We have 16+ young children (toddler to elementary age) on Kingsley Ln. alone and more up the street on Kingsley Ct. that regularly come down to play. On any given weekend night when the weather is nice, you will see everybody out in their lawn chairs hanging out with the neighbors. We have a strong sense of community here—which makes us feel very safe and comfortable in our neighborhood. My husband and I often complain that we need a bigger house with more storage and a 3.d garage stall for all of our kids' stuff but, though it would be financially possible, we aren't even looking because we know we will never find a neighborhood that compares to this one. We feel an apartment complex does not fit into our community. Economically, apartment buildings do not belong here. This neighborhood has many $250,000-$300,000 homes and people wanting to purchase homes in that price range are not looking for a home with a view of an apartment building in the front yard. It is well established that there is a stigma about properties near apartment complexes—they have more traffic, are perceived to be more crowded, and this tends to decrease marketability of single family homes nearby because the apartment complex discourages prospective buyers. When we chose a lot in the English Ridge Subdivision, our realtor told us that there were plans to fill the subdivision with single-family homes. Nothing was mentioned about the possibility of an apartment complex and we would not have moved here if that were the case. If the apartment complex does cause safety issues for our children, we will be looking to relocate even though it means giving up the neighborhood of our dreams. 1 I will be unable to attend to city council meeting on Monday, April 16, due to previous work commitments at the hospital that I was unable to change but my husband will be present on behalf of our family. Thank you for your time and attention. Sincerely, Kelly Ungs Click here to report this email as spam. 2 To Whom it May Concern, My name is Kelly Ungs. My husband, Jason, and our 4 children live at 6610 Kingsley Ln., which is across the street from the proposed zoning change from C-3 to PUD for development of a 60 - unit apartment complex which we are very much against. We purchased and moved into our home in 2011 just before the birth of our first child. We chose this family -friendly neighborhood because it has a country feel on the outskirts of Dubuque, yet is close enough to work and all the conveniences that Dubuque offers. We are outraged to learn that plans for an apartment complex exist so close to our home. Before we purchased our home, we looked at a property off of Seippel Rd. but declined to purchase that home because there are multi -unit developments nearby and were told the English Ridge subdivision would include only residential development with a covenant that includes a clause that there can be no renters. With 4 children ages 6 and under, our primary concern is safety. A 60 -unit apartment complex adds another prospective 120 vehicles and a lot more traffic. Stone Valley Drive is already a busy street and will be even busier with the upcoming opening of the SW Arterial. There are no sidewalks along Stone Valley from Kingsley Ln. to Hwy 20, so we must walk on the street get to the mailboxes. Many neighbors walk, jog, walk pets, and bike on Stone Valley Dr. and their safety is paramount. Our neighborhood is a community. We have 16+ young children (toddler to elementary age) on Kingsley Ln. alone and more up the street on Kingsley Ct. that regularly come down to play. On any given weekend night when the weather is nice, you will see everybody out in their lawn chairs hanging out with the neighbors. We have a strong sense of community here—which makes us feel very safe and comfortable in our neighborhood. My husband and I often complain that we need a bigger house with more storage and a 3.d garage stall for all of our kids' stuff but, though it would be financially possible, we aren't even looking because we know we will never find a neighborhood that compares to this one. We feel an apartment complex does not fit into our community. Economically, apartment buildings do not belong here. This neighborhood has many $250,000-$300,000 homes and people wanting to purchase homes in that price range are not looking for a home with a view of an apartment building in the front yard. It is well established that there is a stigma about properties near apartment complexes—they have more traffic, are perceived to be more crowded, and this tends to decrease marketability of single family homes nearby because the apartment complex discourages prospective buyers. When we chose a lot in the English Ridge Subdivision, our realtor told us that there were plans to fill the subdivision with single-family homes. Nothing was mentioned about the possibility of an apartment complex and we would not have moved here if that were the case. If the apartment complex does cause safety issues for our children, we will be looking to relocate even though it means giving up the neighborhood of our dreams. I will be unable to attend to city council meeting on Monday, April 16, due to previous work commitments at the hospital that I was unable to change but my husband will be present on behalf of our family. Thank you for your time and attention. Sincerely, Kelly Ungs