Zoning Kivlahan Farms JFK W 32nPlanning Services Department
City HaH
50 West 13th Street
Dubuque, Iowa 52001~J2~64
(563) 5894210 office
(563) 5894221 fax
(563) 690-6678 TDD
planning@cityo fdubuque.or g
January 12,2004
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13~h Street
Dubuque IA 52001
RE: Rezoning
Applicant: Kivlahan Farms LC
Location: Bittersweet Lane (North of J. F. Kennedy Road & West of 32nd Street)
Description:To rezone property from R-3 Moderate Density Multi-Family Residential
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
The applicant spoke in favor of the request, noting that the proposed street will be built to
City street standards except for providing additional parking pads in four places.
Staff reviewed the surrounding zoning and land use, and noted that the Engineering
Division did not recommend including the separate parking pads along the street.
There were no public comments.
The Zoning Advisory Commission discussed the request, noting that they felt the proposed
rezoning was appropriate and that because the street will be a cul-de-sac with a limited
amount of vehicle trips, that the parking pads should be allowed.
Recommendation
By a vote of 6 to 0, the Zoning Advisory Commission recommends that the City Council
approve the request,
A simple majodty vote is needed for the City Council to approve the request.
Respectfully submitte~
Eugene l~ird, Jr., Chairperson
Zoning Advisory Commission
Attachments
cc: .Mike Koch, Public Works Director
Service People 12*~tegrit~' Responsibility Innova~on Teamwork
Prepared by: Laura Carstensl City Planner Address: City Hall, 50 W. 13th St Telephone: 589-4210
ORDINANCE NO. 3-04
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF
THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING
HEREINAFTER DESCRIBED PROPERTY LOCATED WEST OF
HONEYSUCKLE LANE FROM R-3 MODERATE DENSITY MULTI-FAMILY
RESIDENTIAL DISTRICT TO PUD PLANNED UNIT DEVELOPMENT DISTRICT
WITH A PR PLANNED RESIDENTIAL DISTRICT DESIGNATION AND
ADOPTING A CONCEPTUAL DEVELOPMENT PLAN WITH CONDITIONS.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1 Appendix A (the Zoning Ordinance) of the City of Dubuque Code of
Ordinances is hereby amended by amending by reclassifying the hereinafter described
property from R-3 Moderate Density Multi-Family Residential District to PUD Planned
Unit Development Distdct with a PR Planned Residential Distdct designation and
adopting a conceptual development plan, a copy of which is attached to and made a
part hereof, with conditions as:
As shown in Exhibit 1 and to the centerline of the adjoining public right-of-
way, all in the City of Dubuque, Iowa.
Section 2. Pursuant to Iowa Code Section 414.5 (2001), and as an express
condition of the reclassification, the undersigned property owner agrees to the following
conditions, all of which the property owner further agrees are reasonable and imposed
to satisfy the public needs that are caused directly by the zoning reclassification:
Use Re.qulations.
The following regulations shall apply to all uses made of land in the above-
described PUD District:
1) Principal permitted uses shall be limited to 12 two-unit residential
buildings.
2) Accessory uses shall include any use customarily incidental and
subordinate to the principal use it serves.
B. Lot and Bulk Re.qulations.
Ordinance No. -04
Page 2
Development of land in the PUD District shall be regulated as follows:
1) The proposed condominium development shall be constructed ~n
substantial compliance with the attached conceptual development plan.
2) Maximum building height shall be limited to 30 feet.
Performance Standards.
The development and maintenance of uses in this PUD District shall be
established in conformance with Section 3-5.5 of the Zoning Ordinance and
the following standards:
1) Adequate erosion control shall be provided during all phases of
construction.
2) Off-street parking shall be provided as shown on the approved
conceptual plan.
3) Storm water control facilities will be installed as per City Engineering
requirements.
4)
The conceptual plan shall serve as the preliminary plat for this PUD
District. Final subdivision plats and improvement plans shall be
submitted in accordance with Chapter 42 of the City of Dubuque Code
of Ordinances.
5)
Final site development plans shall be submitted in accordance with
Section 4-4 of the Zoning Ordinance prior to construction of any
buildings.
Open Space and Recreational Areas
Open space and landscaping in the PUD District shall be regulated as
follows:
Those areas not designated on the conceptual development plan shall be
maintained as open space, as defined by Section 8 of the Zoning Ordinance
by the property owner and/or association.
Si.qn Regulations.
Signs in the PUD Distdct shall be regulated in accordance with the R-3 sign
regulations of the Zoning Ordinance.
F. Transfer of Ownership.
Ordinance No. -04
Page 3
Transfer of ownership or lease of property in this PUD District shall include
in the transfer or lease agreement a provision that the purchaser or lessee
acknowledges awareness of the conditions authorizing the establishment of
the district.
Reclassification of Subiect Property.
The City of Dubuque, Iowa, may initiate zoning reclassification proceedings
to the R-3 Moderate Density Multi-Family Residential District in accordance
with Section 6 of the Zoning Ordinance if the property owner fails to
complete or maintain any of the conditions of this ordinance.
Modifications.
Any modifications of this Ordinance must be approved by the City Council in
accordance with zoning reclassification proceedings of Section 6 of the
Zoning Ordinance.
Recording.
A copy of this ordinance shall be recorded at the expense of the property
owner(s) with the Dubuque County Recorder as a permanent record of the
conditions accepted as part of this reclassification approval. This ordinance
shall be binding upon the undersigned and his/her heirs, successors and
assigns.
Section 3. The foregoing amendment has heretofore been reviewed by the
Zoning Commission of the City of Dubuque, Iowa.
Section 4. The foregoing amendment shall take effect upon publication, as
provided by law.
Passed, approved and adopted this 19th day of January, 2004.
Terrance M. Duggan, Mayor
ATTEST:
Jeanne F. Schneider, City Clerk
ACCEPTANCE OF ORDINANCE NO. 3-04
We, John and Doris Kivlahan, representing Kivlahan Farms, L.C., having
read the terms and conditions of the foregoing Ordinance No. 3-04 and being familiar
with the conditions thereof, hereby accept this same and agree to the conditions required
therein.
Dated in Dubuque, lows this 19th day of January, 2004.
/s/ John Kivlahan
/s/ Doris Kivlahan
PLANNING APPLICATION FORM
City of Dubuque
Planning Services Department
Dubuque A 52001-4864
Phone: 319-589-4210
Fax: 319-589-4221
_ Variance
Conditional Use Permit
Appeal
Special Exception
Limited Setback Waiver
Rezoning
Planned District
Preliminary Plat
_ Minor Final Plat
Text Amendment
_ Simple Site Plan
_ Minor Site Plan
Major Site Plan
Major Final Plat
Simple Subdivision
_ Annexation
_ Temporary Use Permit
_ Certificate of Apprepdateness
_ Certificate of Economic Hardship
Other:
PLEASE TYPE OR PRINT LEGIBLY IN INK
Property Owner(s):. Kivlahan Farms LC.
Phone: 582-1626
Address: 4922 Wild Flower Drive
City: Dubuque
State: Iowa Zip: 52002
Number:
Mobile/Cellular Number:
Applicant/Agent: John Kivlahan Phone: 5
Address: 4922 Wild Flower Drive
Cify: Dubuque State: Iowa Zip: 52002
Fax Number:
Mobile/Cellular Number: 580-4351
Site location/address: North of JFK & W. 32"° St. West of Honeysuckle Lane
Existing zoning: R-3 Proposed zoning:. PIanned Residential Historic district:
Landmark:
Legal description {Sidwell Parcel ID number or lot numbedbtock number/subdivision): Part of Lot F of Arbor Estates
located in Sec. 16, T.89N. R.2E. of the 5th P.M. in the City of Dubuque, IA
Total property (lot) area (square feet or acres): 8.81 Acres Number of lots: 1
Describe proposal and reason necessary (attach a letter of explanation, if needed): Condominium association with
12 structures, two dwellinq units per structure
CERTIFICATION: I/we. the undersigned, do hereby certify that:
1
becomes public record;
2 Fees are net refundable and payment does not guarantee approval; and
3. All additional required written and graphic materials are attached.
Property Owner(s):~ ~ /~ ~ ~ ~ ~
The information submitted herein is true and correct to the best of my/our knowledge and upon submittal
Date:
Applicant/Agent: Date:
Fee:
V/Site/sketch plan
Improvement plans
FOR OFFICE USE ONLY - APPLICATION SUBMITTAL CHECKLIST
Received by: ~'/~'!/;'-/.~ Date: ~-,,/l Ib~"~ Docket:
Floor plan Plat Conceptual development plan
__ Design rewew project description Photo _ Other:
N
Vicinity Map
Applicant: Kivlahan Farms LC
Location: Bittersweet Lane
(North of J.F. Kennedy Road
& West of 32nd Street
Description: To rezone property
from R-3 Moderate Density
Multi-Family Residential District
to PUD Planned Unit
Development District with a PR
Planned Residential Designation
Proposed Area to be Rezoned
kivlahanrezoning\12/09/03
PLANNED DISTRICT STAFF REPORT
Zoning Agenda:January 7,2004
Project Name:
Property Address:
Property Owner:
Applicant:
Arbor Estates
Bittersweet Lane (North of J .F. Kennedy Road & W. 32r~ Street)
Kivlahan Farms, L.C.
John Kivlahan
Proposed Land Use: Residential
Proposed Zoning: PUD/PR
Existing Land Use: Vacant
Existing Zoning: R-3
Adjacent Land Use:
North - Residential
West- Residential
South - Residential/Commercial
East- Residential
Adjacent Zoning: North - R-2
West - R-1
South - C-2/R-2
East- R-2
Flood Plain: No
Total Area: 8.81 Acres
Water: Yes
Existing Street Access: Yes
Storm Sewer: Yes
Sanitary Sewer: Yes
Previous Planned District: None.
Purpose: The requested rezoning from R-3 Moderate Density Multi-Family Residential
District to PUD Planned Unit Development with a PR Planned Residential designation
is being requested to allow development of 24 condominium units to be divided amount
12 two-unit residential structures. The proposed PUD zoning is necessary as the two-
unit residential structures will not be located each on its own lot, but rather be governed
by a condominium association which will be responsible for the upkeep of all common
areas.
Property History: The subject property was previously an undeveloped wooded area.
The property generally slopes and drains toward the north and northeast.
Conformance with Comprehensive Plan: This project implements the
Comprehensive Plans Land Use Element 1.1 and 1.2. and Housing Element 7.2.
Planned District Staff Report - Arbor Estates
Page 2
Staff Analysis:
Streets: The proposed Planned Development District includes extension of
Bittersweet Lane to be built to the City's standard residential street size of 31-foot
of paving within a 50-foot right-of-way.
Sidewalks: Sidewalks shall be installed as per City standards for public streets. In
addition, the applicant is proposing a walking trail around the perimeter of the site.
Parking: A minimum of two off-street parking spaces will be provided for each unit.
Lighting: No information has been provided.
Signage: R-3 Moderate Density Multi-Family Residential sign standards shall apply
to this PUD.
Bulk Regulations: R-3 Moderate Density Multi-Family Residential District bulk
standards shall apply to this PUD.
Permeable Area (%) & Location (Open Space): Approximately 65% ofthe property
will remain in permeable area after full build-out.
Landscaping/Screening: None proposed.
Phasing of development: None.
Impact of Request on:
Utilities: Existing utilities can be extended to this site and are adequate to serve
the property.
Traffic Patterns/Counts: There are no traffic counts available for Honeysuckle
Lane or Bittersweet Lane as they are newly developing streets. The proposed
development will generate approximately 140 vehicle trips per day once all units
are built and occupied.
Public Services: Existing public services are adequate to serve the site.
Environment: Staff does not anticipate any adverse impacts to the environment
provide adequate erosion control is provided during all phases of development.
Adjacent Properties: Staff anticipates that no significant adverse impacts to
adjacent property will occur provided adequate storm water control is provided as
part of this project.
Planned District Staff Report- Arbor Estates Page 3
CIP Investments: None proposed.
Staff Analysis: The requested rezoning from R-3 Moderate Density Multi-Family
Residential Development to PUD Planned Unit Development with PR Planned
Residential District designation allows for the development of 24 dwelling units
arranged in 12 duplex structures. The units will be sold as condominiums, and the
surrounding common area will be maintained by the property association. The existing
R-3 zoning would allow for the number of units proposed; however, each building would
have to be placed on its own lot. The PUD allows the developer additional flexibility in
situating the structures on the parcel.
The proposed extension of Bittersweet Lane will be built to City standards of 31-foot
paving and 50-foot of right-of-way. City water and sewer will be extended to the
development and serve each of the proposed units.
The developer is proposing to provide a storm water detention pond in the northwest
corner of the site with the majority of the water from the development being directed to
this storage area. City Engineering will review the details of the storm water detention
area once the applicant has submitted the final plat and improvement plans as part of
the construction of this portion of the subdivision.
The developer will provide sidewalks along the extension of Bittersweet Lane as is
required by City street standards. The proposed street includes provision of parking
stalls that will back into the street. These parking areas will be maintained by the
property association. City Engineering does not recommend that these parking spaces
be allowed. The City's position is that parking spaces that back out onto a City street
do not reflect a residential character. Typically, this type of parking space is found
along a City alley. The proposed public street will provide approximately 24 on-street
parking spaces, not including the cul-de-sac. In addition, each dwelling unit is required
to provide two (2/off-street parking spaces. Staff believes there is sufficient parking
available and additional parking pads are not necessary.
Staff recommends that the Zoning Advisory Commission review Section 3-5.5 of the
City Zoning Ordinance that establishes criteria for the review of Planned Unit
Development Districts.
Prepare. by: ~ww//~
t/' ~/
Reviewed:
Date:
PLANNED DEVELOPMENT
8.814 ACRES OF LOT F OF ARBOR ESTATES
IN SEC. 16, T89N, R2E OF THE 5it- P.M.
IN THE CITY OF DUBUQUE, IOWA
'POND ·
UNIT $
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UNIT
/ / //
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LOCATION MAP
-- LEGEND
..... SANITARY SEWER LINE
........... STORM SEWER LINE
............. WATERMAIN
..... SETBACK LINE
o' 40' 80'
Zto~
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