Zoning Eagle Valley Sub FondellNovember 8, 2004
The Honorable Mayor and City Council Members
City of Dubuque
City Hall- 50 W. 13th Street
Dubuque IA 52001
RE: Rezoning
Applicant: Fondell Excavating Inc.
Location: Roosevelt Road - Eagle Valley Subdivision
Description: To rezone property from R-2 Two-Family Residential and 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 for rezoning the subject property to Planned Unit
Development. The applicant noted the proposed changes will facilitate the affordability of
the housing units.
Staff reviewed the proposed changes to the rear yard setback and lot coverage when
compared to existing zoning requirements.
There were several public comments regarding the impact of the request on surrounding
property values and storm water runoff.
The Zoning Advisory Commission discussed the request, noting that the proposed changes
will not increase the number of dwelling units constructed and all storm water is and will be
directed to the development's detention basin.
Recommendation
By a vote of 7 to 0, the Zoning Advisory Commission recommends that the City Council
approve the request.
A simple majority vote is needed for the City Council to approve the request.
Respectfully submitted,
Jeff Stilse, Chairperson
Zoning Advisory Commission
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Oty of Dubuque
Planning Services Department
Dubuque, IA 52001-4864
Phone: 563-589-4210
Fax: 563-589-4221
PLANNING APPLICATION FORM
0 Variance DRezoning
DConditional Use Permit ~anned District
DAppeal DPreliminary Plat
DSpecial Exception DMinor Final Plat
DLimited Setback Waiver []Text Amendment
DSimpie Site Plan
DMinor Site Plan
0 Major Site Plan
0 Major Final Plat
DSimpie Subdivision
DAnnexation
DTemporary Use Permit
DCertificate of Economic Non-Viability
DCertificate of Appropriateness
DOther:
Please tvoe or Drint legibly in ink
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Legal Description (Sidwell parcel ID# or lot number/block number/subdivision):
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Total property (lot) area (square feet or acres):
Describe proposal and reason necessary (attach a letter of explanation, if needed):
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CERTIFICATION: I/we, the undersigned, do hereby certify that:
1. The information submitted herein is true and correct to the best of my/our knowledge and upon
submittal becomes public record;
Fees are not refundable and payment does not guarantee approval; and
All additional required written and graphic materials are attached.
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Property Owner(s):
Applicant/Agent:
Date:
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FOR OFFICE USE ONLY - APPLICATION suBMmALf:r¿~UST
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DSiteiskebch pian DConceptual Development Plan 0 Photo DImprovement plans
DDesign review project description DAoor pian Dplat DOther:
FONDELL EXCAVATING INC.
October 4, 2004
City of Dubuque
Zoning Advisory Commission
We are requesting that the R-2 & R-3 portions of Eagle Valley Subdivision
become a Planned Urban Development with a 55% buildable lot area and 10' backyard
setback (see attached plan & drawings). We believe this flexibility will better suit the
affordable housing we are trying to promote.
Mark R Fondell
Fondell Excavating Inc.
563-584-0505
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Vicinity Map
Applicant: Fondell Excavating Inc.
Location: Roosevelt Road - Eagle
Valley Subdivision
Description: To rezone property from
R-2 Two -Family Residential and R-3
Moderate Density Multi -Family
Residential District to PUD Planned
Unit Development with a PR Planned
Residential District.
Zoning Boundary
Proposed Area to be Rezoned
REZONING STAFF REPORT
Zoning Agenda: November 3, 2004
Property Address:
Eagle Valley Subdivision, 3251 Roosevelt Road
Property Owner:
Fondell Excavating, Inc.
Applicant:
Mark Fondell
Proposed Land Use: Residential
Proposed Zoning: PUD
Existing Land Use: Vacant/Residential
Existing Zoning: R-2/R-3
Adjacent Land Use:
North - Vacant
East - Residential/vacant
South - Residential/vacant
West - Vacant
Adjacent Zoning: North - R-1
East - R-1
South - R-1
West -AG
Former Zoning:
1934 - Single Family
1975 - R-2
1985 - R-1
Total Area: 15 acres
Property History: The property was originally platted in the early 1800's as a farmstead
and outbuildings were built in 1848. Because of the topography of the 20-acre tract of
land, the bulk of the property was not farmed but remained wooded area. The property
was recently purchased by Fondell Excavation. Much of the vegetation and
outbuildings has been removed. The site was rezoned in March 2003 from R-1 Single-
Family to R-2 Two-Family and R-3 Multi-Family Residential. The site has been
subsequently subdivided, graded, and streets and a detention basin have been
constructed. Currently, a number of the lots have been developed for single-family
homes and duplexes.
Physical Characteristics: The subject property is a 15-acre parcel that is 1,200 feet
deep, 540 feet wide and has a single access along its 440-foot frontage along
Roosevelt Road. The property has been graded to eliminate some of the severe
topography and building lots have been created. There is a large approximately two-
acre parcel that accommodates the completed detention basin and future park area on
the property's east central side. There is a large 18-acre vacant parcel to the north of
the subject property and a 6.8 acre vacant parcel south of the subject property. Both
adjacent parcels drain to the subject lot. The Roosevelt Road right-of-way along the
subject property is not uniform and varies from 53 feet in width at the property's
southwest corner to 70 feet in width at the property's northwestern corner. Roosevelt
Road has 18 feet of paved surface with no curb, gutter or shoulders at this location.
Concurrence with Comprehensive Plan: The Comprehensive Plan recommends this
area be developed as single and two-family residential. The Comprehensive Plan
Housing Goals encourage creation and maintenance of an adequate supply of sound,
Rezoning Staff Report - Eagle Valley Subdivision
Page 2
affordable housing integrated throughout the community, and expansion of
opportunities for home ownership, especially for low to moderate income households.
Impact of Request on:
Utilities: Water and sewer have been extended to the site and storm water
detention has been provided. Existing storm water measures detain the existing
site a portion of the adjacent properties.
Traffic Patterns/Counts: The Iowa DOT 2001 average traffic daily counts indicate
2,720 vehicle trips per day on Roosevelt Road approximately 1,700 feet south of
the subject property at its intersection with Amelia Court. Iowa DOT counts also
indicate 2,560 vehicle trips per day on Roosevelt Road approximately 3,000 feet
from the subject lot at its intersection with Peru Road. Currently, there are 49 lots
in the portion of the PUD that will remain R-3 and 15 lots in the portion of the PUD
that will remain R-2 (one of the 15 lots is the detention/park area). The conversion
of this property to a PUD will not change the total number of units on the site and
should, therefore, have no greater impact on traffic than the existing subdivision.
Public Services: Existing public services are adequate to serve the site.
Environment: Staff does not anticipate any adverse impact to the environment
provided adequate erosion control measures are in place during the construction of
the remainder of the vacant lots.
Adjacent Properties: The large, primarily vacant properties to the north, west and
south of the subject lot should experience little adverse impacts from the proposed
PUD. The two single-family residences approximately 120 feet south of the PUD
are buffered by single-family lots and a right-of-way and should not be impacted by
the proposed PUD. There are also residences located east of the subject property
on deep lots that front Shiras Avenue with rear yards oriented toward the
subdivision. The closest residences are approximately 200 feet away from the
PUD and sit significantly lower in elevation. The existing storm water detention
basin should protect these properties from the additional runoff generated by the
development.
CIP Investments: None proposed.
Staff Analysis: The applicant is proposing to rezone approximately 15 acres of
property along Roosevelt Road within the Eagle Valley Subdivision that is currently
zoned R-2 Two-Family Residential and R-3 Moderate Density Multi-Family Residential.
The applicant is not proposing to change the zoning but to change the bulk standards
that govern both the R-2 and R-3 zones. Existing R-2 and R-3 zones allow no greater
than 40% lot coverage with structures and the rear yard setback for both is 20% of lot
Rezoning Staff Report - Eagle Valley Subdivision
Page 3
depth. Many of the lots in this subdivision are approximately 86 feet deep and require
approximately a 17 -foot rear yard setback. The applicants are proposing to eliminate a
percentage of the lot depth as a rear yard setback and create a standard 10-foot rear
yard setback. This means that back of houses could be potentially 20 feet apart
instead of 34 feet apart. The applicant is also proposing to cover 55% of lot area with
structures (this is primarily to accommodate raised decks at the rear of the buildings)
versus the 40% maximum that is permitted.
This change will allow more compact development, make the housing in this area more
affordable (by taking greater advantage of the existing lots), and have very little impact
on utilities, provision of services and traffic generation. .
This change will, however, potentially reduce the amount of green space for the
subdivision and generate slightly more storm water runoff. There is an existing storm
water detention area that was built over capacity. It is important to note that grade level
concrete patios could be placed on the lot that would increase the non-permeable area
and not require a waiver in setback or lot coverage.
Staff recommends the Zoning Advisory Commission review the criteria for granting a
Planned Unit Development outlined in Section 3-5.5 or the Zoning Ordinance.
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Doc ID: 005056300007 Type: GEN
Recorded: 12/03/2004 at 01:14:42 PM
Fee Amt: $37.00 Pape 1 of 7
Dubuque County Iowa
Kathy Flynn Thurlow Recorder
Fi1e2004-00021126
Prepared by Laura Carstens, Planning Services Manager, City Hall, Dubuque IA 52001, 563-589-4210
ORDINANCE NO. 78-04
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE
CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED EAST OF ROOSEVELT ROAD FROM R-2 TWO-
FAMILY RESIDENTIAL AND R-3 MODERATE DENSITY MULTI -FAMILY RESIDENTIAL
DISTRICTS TO PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PR
PLANNED RESIDENTIAL DESIGNATION AND ADOPTING A CONCEPTUAL PLAN,
WITH CONDITIONS, FOR EAGLE VALLEY SUBDIVISION.
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 located
east of Roosevelt Road from R-2 Two Family Multi -Family Residential and R-3 Moderate
Density Multi -Family Residential District to PUD Planned Unit Development with a PR
Planned Residential District designation and adopting a conceptual plan, with conditions, for
Eagle Valley Subdivision, a copy of which is attached hereto and made a part hereof as shown
in Exhibit A, 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 PUD District:
1) Principal permitted uses for Zone A shall be limited to:
a) Single-family detached dwellings — [11]
b) Two-family dwellings (duplex) — [11]
1) Principal permitted uses for Zone B shall be limited to:
a) Single-family detached dwellings — [11]
b) Two-family dwelling (duplex) — [11]
c) Multi -family dwelling (maximum six (6) dwelling units) — [9]
d) Townhouses (maximum six (6) dwelling units) — [11]
1) Accessory uses shall include any use customarily incidental and
subordinate to the principal use it serves.
A. Lot and Bulk Regulations
Development of land in the PUD District shall be regulated as follows:
1) Lots within Zone A shall meet bulk regulations set forth in the Zoning
Ordinance for the R-2 Two -Family Residential District
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except that coverage as a percentage of area shall be 55% and the
rear yard setback shall be 10 feet.
2) Lots within Zone B shall meet bulk regulations set forth in the
Zoning Ordinance for the R-3 Moderate Density Multi -Family
Residential District except that coverage as a percentage of area
shall be 55% and the rear yard setback shall be 10 feet.
A. 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) Proposed public streets in the Planned Residential development
shall be designed and built to City Engineering Standards.
2) Erosion control devices shall be provided during all phases of
construction of the Planned Residential development.
3) Parking requirements for allowed uses shall be as per the parking
group for the designated use, in accordance with section 4-2 of the
Zoning Ordinance.
4) Sidewalks shall be provided adjoining all public streets.
5) Storm water control facilities will be installed as per City
Engineering requirements.
6) Final site development plans shall be submitted in accordance
with Section 4-4 of the Zoning Ordinance prior to construction of
any buildings.
A. Sian Reaulations
Signs in the PUD District shall be regulated as follows:
1) Signs shall be allowed in the Planned Residential development in
accordance with the R-1 sign regulations of the Zoning Ordinance.
A. Transfer of Ownership
Transfer of ownership or lease of property in the 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.
B. Reclassification of Subject Property
The City of Dubuque, Iowa, may initiate zoning reclassification proceedings
to the R-2 and R-3 Districts in accordance with Section 6 of the Zoning
Ordinance if the property owners fail to complete or maintain any of the
conditions of this ordinance.
C. 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.
I. Recording
A copy of this ordinance shall be recorded at the expense of the property
owners with the Dubuque County Recorder as 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 3. The foregoing amendment has heretofore been reviewed by the
Zoning Advisory 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 15th day of November 2004.
Attest:
7anne27.;A?"-7---/f-G:
F. Schneider, CMC
City Clerk
Terrance M. Du , Mayor
ACCEPTANCE OF ORDINANCE NO. -7( -04
1, Mark Fondell, representing Fondell Excavating, having read the terms and
conditions of the foregoing Ordinance No. 78 -04 and being familiar with the
conditions thereof, hereby accept the same and agree to the conditions required
therein.
Dated this <-,3 day of 2004.
By:
Mark Fondell
Fondell Excavating
Eagle Valley Subdivision PUD
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