Loading...
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 $ .? ) UNIT / / // / LOCATION MAP -- LEGEND ..... SANITARY SEWER LINE ........... STORM SEWER LINE ............. WATERMAIN ..... SETBACK LINE o' 40' 80' Zto~ Z P--1