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Planned Residential District_2763 University Avenue_KluckPlanning 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 Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 13th Street Dubuque IA 52001 THE CITY OF Dui Dubuque ITO"! E 2007 Masterpiece on the Mississippi August 8, 2011 Applicant: Tom Kluck Location: 2763 University Avenue Description: To amend the Planned Residential District to permit a 60 foot by 30 foot two -story common building with 3 apartments on the second story; set back 20 feet from the north side property line. 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 reviewing the proposed changes to the community /rental office building. The applicant noted that the location of the building is constrained by the need to be at last 10 feet from an existing water main. Staff reviewed the history of requests for the subject PUD, surrounding land use and setbacks of existing structures. There was one public comment in opposition to the request because of the negative impact of a larger building and a smaller setback on adjacent property. The Commission received and filed letters and a petition in opposition to the request equal to 48.6% of the adjacent property owners. The Commission also received an email in support, and a letter from the City Engineer regarding storm water management for the property. The Zoning Advisory Commission discussed the request, reviewing the proximity of the proposed structure to the existing house and property lines, setbacks, location of the water main, size and height of the proposed building, and potential for screening the building from the adjacent property. Service People Integrity Responsibility Innovation Teamwork The Honorable Mayor and City Council Members 2763 University Avenue Page 2 Recommendation By a vote of 4 to 2, the Zoning Advisory Commission recommends that the City Council approve the request subject to the applicant meeting the following conditions for screening: (1)The north side shall consist of hemlock evergreen trees a minimum of 6 feet at planting and spaced 8 feet apart; and (2) the west side shall consist of 3 deciduous trees of 2.5" caliper at planting with location and species to be coordinated with Planning staff. A simple- majority vote is needed for the City Council to approve the request. A super - majority vote is needed for the City Council to modify the recommended conditions for screening. Respectfully submitted, Charlie Miller, Chairperson Zoning Advisory Commission Attachments cc: Gus Psihoyos, City Engineer Service People Integrity Responsibility Innovation Teamwork THE CITY OF DUB Masterpiece on the Mississippi ['Variance ['Conditional Use Permit DAppeal ['Special Exception ['Limited Setback Waiver .ezoning /PUD Dubuque eal '1111! 2007 PLANNING APPLICATION FORM ['Preliminary Plat ['Major Final Plat ['Minor Final Plat ['Simple Site Plan ['Minor Site Plan ['Major Site Plan Please type or print lenibly in ink Property owner(s): " 1'0, -.1t 1�-LL1�_ Z. Address: 14-1-?-)01 i- I, C 6."� Z0 City: State: , -16'<- Zip: €�Z. ©4 F Fax #: ; .1 SG � j.- ell #: J L I13 „! /3 0 3 ?/ mail: %/t/ fL G ? /U/ Applicant/Agent: Phone: Address: City: State: Zip: Fax #: Cell #: E -mail: Site location /address: Z /(o-S LIIJ. tJ t j 9 QJ Existing zoning: Pi 4-71Fr— Proposed zoning: District: 1-17 Landmark: ['Yes ( PID Legal Description (Sidwell parcel ID# or lot number /block number /subdivision): ['Simple Subdivision ['Text Amendment ['Temporary Use Permit ['Annexation :Historic Revolving Loan [Historic Housing Grant Planning Services Department City Hall — 50 W. 13th Street Dubuque, IA 52001 -4864 Phone: 563-589-4210 Fax: 563 -589 -4221 planning@ cityofdubuaue.orq ❑Certificate of Appropriateness ['Advisory Design Review (Public Projects) ['Certificate of Economic Non - Viability ['Historic Designation ['Demolition in Conservation District FNeighborhood Assoc. ,vin Phone: Total property (lot) area (square feet or acres): 7_ Describe proposal and reason necessary (attach a letter of explanation, if needed): -10 -f 1- �JJ7 �i7 - Z- -To (Q t- '(F-lt) IJ 4r b °rl- Sl%�.c 1-t STo 12--"q t S -T 15,L) Z-0 ' t=rtr �l IL�F t•In CERTIFICATION: I /we, the undersigned, do hereby certify /acknowledge that: Fr d tJ U� 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. ✓ Nroperty Owner(s): /� z-� Date: 7- r 3 ` / Applicant/Agent(s): Date: FOR OFFICE USE ONLY Fee C-5-1A-1 R veCe ed by: iZ Date: 7/ ' /%J Docket: 41 201/ Base Data Provided by Dubuque County GIS Dubuque uaue�nan 1IIII-r 2007 Masterpiece on the Mississippi Vicinity Map Applicant: Tom Kluck Location: 2763 University Avenue N Description: To amend the Planned Residential District to permit a 60 foot by 30 foot two -story common building with 3 apartments on the second story; set back 20 feet from the north side property line. Legend Kluck PR District Zoning Path: H: \Planning Services \Vicinity Maps\ZAC Vicinity Maps \projects \KluckAmend PR Revised 06_21_11.mxd CITY OF DUBUQUE, IOWA OFFICIAL NOTICE NOTICE is hereby given that the Dubuque City Council will conduct public hear- ings at a meeting to commence at 6:30 p.m. on Monday, August 15, 2011, in the Historic Federal Building, 350 West 6th Street, on the following: Rezonings Request from Marcy & Michael Armstrong to rezone property located at 1845 Washington Street from R -2A Alternate Two - Family Residential District and C -2. Neighborhood Com- mercial District to C -4 Downtown Commercial District. Request from Tom. Kluck to amend the Planned Residential District for property located at 2763 University Avenue to permit a 60 -foot by 30- foot, two -story corn- mon building with 3 apartments on the second story; set back 20 feet from the north side property line. Copies of supporting documents for the public hearings are on file in the City Clerk's Office 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 of public hearing. At said time and place of public hearings all interested citizens and parties will be given an opportunity to be heard for or against said rezoning. 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) 589 -4120 or TTY (563) 690 -6678 at least 48 hours prior to the meeting. Kevin S. Firnstahl Acting Citylerk it 8/6 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: August 06, 2011, and for which the charge is $20.70. 9 1-- , --A-y1- ,,, e_Pdp Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this 9 day of . e ��e," , 20 /7 . otary Public in and for Dubuque County, Iowa. MARY K. WESTERME Commission Number 154 OFFICIAL PUBLICATION ORDINANCE No. 41 -11 AN ORDINANCE AMENDING., TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES,' UNI- FIED DEVELOPMENT CODE, BY PROVIDING FOR THE AMEND- MENT OF ORDINANCE 36-09, WHICH ESTAB- LISHED REGULA- TIONS FOR A PLAN- NED UNIT DEVELOP- MENT WITH A PLANNED RESIDEN- TIAL DESIGNATION, LOCATED NORTH OF THE UNIVERSITY AVENUE AND ETHEL STREET INTERSEC- TION, AND NOW BEING AMENDED TO ALLOW THREE ADDI- TIONAL APARTMENT UNITS AND ENLARG- ING THE CLUB HOUSE BUILDING. 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, Unified Development Code, is hereby amended by providing for the amendment of Ordinance 36 -09, which established regulations for a Planned Unit Development with a PR Planned Residential District, and now being amended to allow three additional apart- ment units and enlarging the Club House building for the following described property, to wit: Lot 28 and Lot 29 Lenox Addition and Lot 1 of 1 of 2 Bonson Farm, and to the centerline of the adjoining public right - of -way, all in the City of Dubuque, Iowa. A. Use Regulations. The following regula- tions shall apply to all uses made of land in the above - described PR Planned Residential District 1. Principal permitted uses shall be limited to 51 housing dwelling 3. Landscaping a. Plant Materials. The open space of each lot shall be., planted with permanent lawn and ground covers, shrubs and trees. It is the intent of these regulations that the development of required open spaces shall reflect a high quality of environ- mental design. The following provisions shall apply. i. Landscape plans are required as part of submittals for site plan review. Landscape plans are to include type, number and size of proposed plantings. Landscaping shall be designed in com- pliance with Section 4- 4 of the ' Zoning Ordinance. ii. Within one (1) year following completion of construction, or by the date that a building is issued an occupancy certificate . by .,the Building • Services Department of the City of Dubuque, whichever first occurs, required landscaping shall be, installed. iii. The proposed clubhouse building with three (3) residential units on the second floor shall be screened' on the north side with hemlock evergreen trees a minimum of six (6) feet at planting and spaced eight (8) feet apart, and the west side shall consist of three (3) deciduous trees of 2.5" caliper at planting with location and species to be coordinated with planting space. 4. Storm' Water Conveyance The developer shall be responsible for providing surface or subsurface convey- ance(s) of storm water from the lot to existing storm sewers or to flow line of open drainageways outside the lot in a means that is satisfactory to the City of Dubuque. Other applicable regulations enforced by the City of Dubuque relative to storm water manage- ment and drainage shall apply to the subject property. 5. Exterior Trash Collection Areas a. The storage of trash and debris shall be limited to that produced, by the principal' permitted use and accessory uses of the lot b. All exterior trash collection areas and the materials con- tained therein shall be visually screened from view. The screening shall be completely units. �que fence, 2. No secondary `' ..°" t het featUre;. mot contingency, uses shat exceeding a height of be permitted. 10 feet measured from 3. Accessory uses the ground level shall, include any use outside , theJine of the customarily incidental screen. - screens built and subordinate to the on sloping grade principal use it serves. be `stepped s'o,'hat B. Lot and Bulk their top line ehajjjte Regulations. horizontal. Deposed Development of land materials usAd ' to in the 'PR Planned construct the o ue Residential District screen shall pe'sim lar shall be regulated as in appearance , to follows: materials used :`for 1. Proposed buildings exterior building malls. shall be located in All exterior entrances substantial confor- -tc.itaPecreerde,d Mash mance with the area shall be provided approved conceptual with a gate or door of development plan similar design to. that dated June 27, 2011. of the screen - 2. Building #1 must be If 'a 10 -foot high set back a minimum of screen fails to shield 80 feet from the east the exterior 'trash side property line and collection area from 30 feet from the west view from points inside side property line. ' or, outside*,kpf ' the 3. Maximum building property, '' evergreen height of 50 feet shall plantings may ^- be be allowed as required in addition to measured from the the screening. 'Ever- first floor elevation to green plant materials mid point of the peak shall be selected and of the roof. designed so that they C. Performance will screen the , area Standards from all off -site The development and visibility within live (5) maintenance of uses in years. " this PR Planned 6. Final site develop - Residential District ment plans shall be shall be regulated as submitted in accor- follows: dance with Section 4 -4 1- Parking Regulations of the Zoning 'Ordi- a Off- street parking nance prior to shall be - provided' construction of any based on the approved buildings. conceptual plan with D. Open Space and 32 spaces provided on Recreation Areas surface lots and 56 Open space and spaces in underground landscaping in the PR parking. Planned _. Residential - b. All vehicle- related District shall be features shall be regulated as follows. surfaced with either Those . areas not asphalt or concrete. ' designated- on the - c. Curbing and proper conceptual develop - surface drainage of ment plan shall be storm water shall be maintained as open provided. space, as defined- by d. All parking and Section 8 of the Zoning loading spaces shall be Ordinance of the City delineated on the ' of Dubuque, Iowa, by surfacing material by the property owner painted stripes or and /or association.. other permanent E. Sign Regulations means. 1. 'Signs 'in the e.. The number, size Planned Residential and design of parking District shall , ' : be spaces shall be regulated in accord - governed by applicable ance with the R -4 Multi - provisions of City of Family Residential Dubuque Ordinances Zoning District sign enforced at the time of regulations of , ' the development of the lot. Zoning Ordinance. f. The number, size, 2. Variance requests design, and location of from sign requirements H:Occupaney Permits No occupancy permit shall be issued by the City of Dubuque for property included in the subject planned unit development district until full compliance ' with this ordinance has . been achieved. I. Recording A copy of this Ordinance shall be recorded at the ex-I owner(s) th wit op the t 1 Dubuque county recor- der as a permanent record of the condi- tions accepted as part of this reclassification approval. This ordi- nance shall be binding upon the undersigned and his /her heirs, suc- cessors and assigns. Section 2. The fore- going amendment has heretofore been review- ed by the Zoning Advi- sory Commission of the City of Dubuque, Iowa Section 3. The 1 foregoing amendment shall take effect •upon publication, as provi- ded by law. Passed, approved and adopted this 15th day of August, 2011. /s /Roy D.Buol, Mayor Attest Kevin S. Firnstahl, S Acting OF IOWA Acting City Clerk Published officially in the Telegraph-Herald )UBUQUE COUNTY Newspaper the 19th day of August, 2011. /s /Kevin S Firnstahl, Acting City Clerk 1t 8/19 {SS: 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: August 19, 2011, and for which the charge is $97.91. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this ..,fJ 0 day of ��- t , 20 // - Notary Public in and for Dubuque County, Iowa. MARY K. WESTERNIE�'' Commission Numher 154 Reguiations. Development of land in the PR Planned Residential District shall be regulated as follows: 1. Proposed buildings shall be located in substantial confor- . mance with the approved conceptual development plan dated June 27, 2011. 2. Building #1 must be set back a minimum of 80 feet from the east side property line and 30 feet from the west side line. 3. Maximum building height of 50 feet shall be allowed as measured from the first floor elevation to mid point of the peak of the roof. C. Performance Standards The development and maintenance of uses in this PR Planned Residential District shall be regulated as follows: 1. Parking Regulations a. Off - street parking shall be provided • based on the approved conceptual plan with 32 spaces provided on surface lots and 56 spaces in underground parking. b. All vehicle - related features shall be surfaced with either asphalt or concrete. c. Curbing and proper surface drainage of storm water shall be provided. d. All parking and loading spaces shall be delineated on the surfacing material by painted stripes or other permanent means. e. The number, size and design of parking spaces shall be governed by applicable provisions of City of Dubuque Ordinances enforced at the time of development of the lot. 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. 2. Site Lighting a. Exterior illumin- ation of site features shall be limited to the illumination of the following: i. Parking areas, driveways, and loading facilities. ii. Pedestrian walk- way surfaces and entrances to building. iii. Building exterior. b. Location and Design 1. No light source shall provide illumination onto adjacent Dots, 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. horizontal. Exposed — materials used to construct the bhdue screen shall pe Sifii lar in appearance , ,to materials used - `for exterior building Walls. All exterior entrances to,lil.YscreAtie,d ash area shall be prow[ ed with a gate or doot of similar design to that of the screen. If a 10 -foot high screen fails to shield the exterior trash collection area from view from points inside or outside. of the property; evergreen plantings may be required in addition to the screening. -Ever- green plant materials shall be seledted and designed so that they will screen the 'area from all off -site visibility within' five (5) years. ' 6. Final site develop- ment plans - shall - be submitted, in accor- dance with Section 4 -4 of the _ Zoning 'Ordi - nance prior to construction of any buildings. D. Open' Space and Recreation Areas Open space, and landscaping in the PR Planned -- Residential. District shall be I regulated as follows. Those areas not designated- on - the conceptual develop- ment plan shall be maintained as open space, as defined- by 1 Section 8 of the Zoning Ordinance of the City of Dubuque,- Iowa, :by the property owner and /or association. E Sign Regulations 1. Signs : in the Planned Residential District shall, .!be regulated in accord- ance with the R-4 Multi - Family Residential Zoning District sign regulations of the Zoning Ordinance. 2. Variance requests from sign requirements for size, number and height shall , be reviewed by the Zoning Board of Adjustment in accordance with Sec- tion 5.3 of the Zoning Ordinance. F. Other Codes and Regulations 1. Service Lines- All electric, telephone, cable, or other similar utility lines serving the - bu.ilding .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, regu,lations,., laws „• and antler: contro1s re9ative'- to °' the ` planning, construction, operation and management of property within the city of Dubuque. Q.17fatisfet • of ''OWnership. Transfer of ownership or lease of property in this PR Planned Residential -District shall include the tran er or lease agkement a provision that the purchaser or lessee acknowledges awareness of the conditions ,authorizing the establishment of the district" Prepared by: Laura Carstens, City Planner Address: 50 W. 13th St., City Hall Telephone: 589 -4210 Return to: Jeanne Schneider, City Clerk, Address: City Hall- 50 W. 13 Street Telephone: 589 -4121 ORDINANCE NO. 41 - 11 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY PROVIDING FOR THE AMENDMENT OF ORDINANCE 36 -09, WHICH ESTABLISHED REGULATIONS FOR A PLANNED UNIT DEVELOPMENT WITH A PLANNED RESIDENTIAL DESIGNATION, LOCATED NORTH OF THE UNIVERSITY AVENUE AND ETHEL STREET INTERSECTION, AND NOW BEING AMENDED TO ALLOW THREE ADDITIONAL APARTMENT UNITS AND ENLARGING THE CLUB HOUSE BUILDING. 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, Unified Development Code, is hereby amended by providing for the amendment of Ordinance 36 -09, which established regulations for a Planned Unit Development with a PR Planned Residential District, and now being amended to allow three additional apartment units and enlarging the Club House building for the following described property, to wit: Lot 28 and Lot 29 Lenox Addition and Lot 1 of 1 of 2 Bonson Farm, and to the centerline. of the adjoining public right -of -way, all in the City of Dubuque, Iowa. A. Use Regulations. The following regulations shall apply to all uses made of land in the above - described PR Planned Residential District: 1. Principal permitted uses shall be limited to 51 housing dwelling units. 2. No secondary or contingency uses shall be permitted. 3. Accessory uses shall include any use customarily incidental and subordinate to the principal use it serves. Kluck Condominiums — University Avenue Page 2 B. Lot and Bulk Regulations. Development of land in the PR Planned Residential District shall be regulated as follows: 1. Proposed buildings shall be located in substantial conformance with the approved conceptual development plan dated June 27, 2011. 2. Building #1 must be set back a minimum of 80 feet from the east side property line and 30 feet from the west side property line. 3. Maximum building height of 50 feet shall be allowed as measured from the first floor elevation to mid point of the peak of the roof. C. Performance Standards The development and maintenance of uses in this PR Planned Residential District shall be regulated as follows: 1. Parking Regulations a. Off - street parking shall be provided based on the approved conceptual plan with 32 spaces provided on surface lots and 56 spaces in underground parking. b. All vehicle - related features shall be surfaced with either asphalt or concrete. c. Curbing and proper surface drainage of storm water shall be provided. d. All parking and loading spaces shall be delineated on the surfacing material by painted stripes or other permanent means. e. The number, size and design of parking spaces shall be governed by applicable provisions of City of Dubuque Ordinances enforced at the time of development of the lot. 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. 2. Site Lighting a. Exterior illumination of site features shall be limited to the illumination of the following: i. Parking areas, driveways and loading facilities. ii. Pedestrian walkway surfaces and entrances to building. Kluck Condominiums — University Avenue Page 3 iii. Building exterior. b. Location and Design i. No light source shall provide illumination onto adjacent lots, buildings or streets in excess of 1.0 foot candle. ii. All exterior lighting luminaries shall be designed and installed to shield light from the luminaries at angles above 72- degrees from vertical. iii. Fixtures mounted on a building shall not be positioned higher than the roofline of the building. iv. All electrical service lines to posts and fixtures shall be underground and concealed inside the posts. 3. Landscaping a. Plant Materials. The open space of each lot shall be planted with permanent lawn and ground covers, shrubs and trees. It is the intent of these regulations that the development of required open spaces shall reflect a high quality of environmental design. The following provisions shall apply. i. Landscape plans are required as part of submittals for site plan review. Landscape plans are to include type, number and size of proposed plantings. Landscaping shall be designed in compliance with Section 4 -4 of the Zoning Ordinance. ii. Within one (1) year following completion of construction, or by the date that a building is issued an occupancy certificate by the Building Services Department of the City of Dubuque, whichever first occurs, required landscaping shall be installed. iii. The proposed clubhouse building with three (3) residential units on the second floor shall be screened on the north side with hemlock evergreen trees a minimum of six (6) feet at planting and spaced eight (8) feet apart, and the west side shall consist of three (3) deciduous trees of 2.5" caliper at planting with location and species to be coordinated with planting space. 4. Storm Water Conveyance The developer shall be responsible for providing surface or subsurface conveyance(s) of storm water from the lot to existing storm sewers or to flow line of open drainageways outside the lot in a Kluck Condominiums — University Avenue Page 4 means that is satisfactory to the City of Dubuque. Other applicable regulations enforced by the City of Dubuque relative to storm water management and drainage shall apply to the subject property. 5. Exterior Trash Collection Areas a. The storage of trash and debris shall be limited to that produced by the principal permitted use and accessory uses of the lot. b. All exterior trash collection areas and the materials contained therein shall be visually screened from view. The screening shall be completely opaque fence, wall or other feature not exceeding a height of 10 feet measured from the ground level outside the line of the screen. Screens built on sloping grades shall be stepped so that their top line shall be horizontal. Exposed materials used to construct the opaque screen shall be similar in appearance to materials used for exterior building walls. All exterior entrances to a screened trash area shall be provided with a gate or door of similar design to that of the screen. If a 10 -foot high screen fails to shield the exterior trash collection area from view from points inside or outside of the property, evergreen plantings may be required in addition to the screening. Evergreen plant materials shall be selected and designed so that they will screen the area from all off -site visibility within five (5) years. 6. Final site development plans shall be submitted in accordance with Section 4 -4 of the Zoning Ordinance prior to construction of any buildings. D. Open Space and Recreation Areas Open space and landscaping in the PR Planned Residential District shall be regulated as follows. Those areas not designated on the conceptual development plan shall be maintained as open space, as defined by Section 8 of the Zoning Ordinance of the City of Dubuque, Iowa, by the property owner and /or association. E. Sign Regulations 1. Signs in the Planned Residential District shall be regulated in accordance with the R -4 Multi - Family Residential Zoning District sign regulations of the Zoning Ordinance. 2. Variance requests from sign requirements for size, number and height shall be reviewed by the Zoning Board of Adjustment in accordance with Section 5 -3 of the Zoning Ordinance. Kluck Condominiums — University Avenue . Page 5 F. 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. G. 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. H. Occupancy Permits No occupancy permit shall be issued by the City of Dubuque for property included in the subject planned unit development district until full compliance with this ordinance has been achieved. I. Recording A copy of this Ordinance shall be recorded at the expense of the property owner(s) with the Dubuque county recorder as a permanent record of the conditions accepted as part of this reclassification approval. This ordinance shall be binding upon the undersigned and his /her heirs, successors and assigns. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. The foregoing amendment shall take effect upon publication, as provided by law. Passed, approved and adopted this 15h day of 4 August 2011. Attest: Ke in S. Firn-•ahl, Acting City erk Roy D. ol, Mayor August 1, 2011 Planning Services Department City Hall Dubuque, IA 52001 Re: Tom Kluck - Property at 2763 University Avenue Amendment to the Planned Residential District I am writing to express my concerns regarding the request by Mr. Kluck, who owns the property next to me at 2763 University Avenue, to amend the plan for the property next to my homestead at 2762 Beverly Avenue. One of the reasons I purchased my property was because of the nature setting and openness of the lot next to me, the view, the breeze, and in particular, the privacy. With the construction of the new larger community building with apartments on top that Mr. Kluck is proposing, all of that will be taken away more than it already has been. A building 27' x 45' sitting back 25' from my property line has now mushroomed into a 30' x 60' building sitting only 20' from my property line and this causes me more concern. Not only would I lose even more of the above - mentioned amenities I had been enjoying, but the noise factor will also become an issue. I feel this could feasibly also have a negative impact in the future as to the salability of my house if I chose to sell it. I do not understand Mr. Kluck's need for 3 additional 1 -story apartments. From my observations, there have been very large numbers of newly constructed apartment buildings throughout the Dubuque area in the last year and I do not feel that 3 additional apartments by Mr. Kluck will do that much to alleviate any shortage of 1- bedroom apartments. And in addition, if the community building Mr. Kluck is proposing is approved and constructed, along with the other 24- apartment complex, it seems to me the number and size of the buildings would be totally out of proportion to the size of the property. I do not feel this is constructive to our neighborhood as a whole, as is the opinion of the neighborhood, as evidenced by the Petition previously submitted. Also of concern is the fact Mr. Kluck built up the property at the end of the street (which I believe is City property) to keep the water from washing over onto his property. However, it has now resulted in a problem, as not only is it an eyesore, but when it rains, it becomes a pool of water and mud. When it snows, it becomes ice packed. In addition, it has not been maintained and there are now weeds growing on top of it higher than the fire hydrant. I am also being told by the neighbor who lives at the end of the street that the drainage Mr. Kluck put in is not sufficient and is causing it to overflow into their yard. To sum it up, I feel this amendment to the original plan would have a definite negative impact on my property in particular, due to the size of the building and proximity to my property line, and that of the neighborhood as a whole. I am, therefore, asking that this be taken into consideration when a decision is made regarding the amendment to the Planned Residential District. Res ectfully submitted, dy Od y RECEIVED 11 AUG 15 AM 6: 32 City Clerk's Office Dubuque, IA t,LL 5- 1e ,60-2 � -( LLO 2.15 -1 u Ni (Jgl - zuQLJ a_ &,--,_, e, 01,,›J-t, 0_,,c14.01, c,,,,,,4, R cam-- ,- c s -■ s_ ,,,,` pc(ijJoL, _J , c... S1„, 7___q uIJLT ._� ECERWE JUN 2 9 2011 CAW OF DUBUQUE PLANNING SERVIES DEPARTMENT 64,\I„Acikr-c:4077 ILA4 _3thifo, 2Jk t 6)156 ZAft 42,z4,-;-/-,Q-J- 44 04-LQ, eat_i_xak)(1. f/t)',-4-t aer-rx-4-d- .74 6' -i3*-1,q,A1 -411AP-- At? C. cA1,m,- , .±k _c A A6d.- goo p,9-1,1-L J , u qa 1 { . a. Q.d .-, `6`z -1,• f .1x -t .B `-0 CL -vv-Jt V -'t., ;M- a 3—ut /� _,eh >,,Q_ _t d —e A:), „-LQ, ± , /l W O _ C/ El .., -.P U N.. W _, U .9 r U „oz.„e_c_L.,„(3, jr c- d 5 oo/ � y PETITION City Council of Dubuque, RECEIVED 11JUL13 PM2 :I0 City Clerk's Office Dubuque, IA We, the people at stated addresses, are opposed to the proposed Kluck construction /expansion at 2763 University Avenue. This construction will have a negative impact on the following: • Property values • Wildlife habitat • Water quality • Safety in our neighborhood • View shed • Traffic control • Green space We feel that Mr. Kluck's proposed construction /expansion will degrade the quality of our neighborhood. As permanent residents, we ask that you please consider not approving the proposed expansion of an already overcrowded building complex. We thank you for your consideration. Signature Address Li a's -a CeiAlf-plAve 2. ,,g, = � 2.76 ,✓e 3. 9141 2 C avthh ape a. / 2 76 L cnrz 7' 01v /,'PAC 5. o�e.�e.p nn� a. 7's.. - ��`v 6. &— a—� tee. ca �4a s� 7-� ' vim 7. C�1/1� tU q02-(964_ L7& 1 & 4tj Ave au A1-10.(47 zq.C16exefict,4- 9. 10. a acct 72/s- Qe ,rke Signature Address 12.1 a, joc%1 13. CofV f( Q-{ 14. coo. -S eut 15. 16. 17. 18. ma 19.,x,( 20. vrr� 2 m9da 22 23. 0S-- 24. 25. 26 27.3- 0(�y� 28. -e-Ko ©' Q 2 29. e4 / L45 30. 31.' 4 27/7 Bevery 27.3`( [ Lerly A 'L - ? O %-dxr . V 9- .271 a a.73 0 X05 13cver% J4U e- also��� Pry C9414-el ca-e_ Z'7 Ce AA, ,t- k / a 5 /.��- -` 2'723 On;�efS 2766 a�,;✓�ers, 6 (- iN-.2.r �.• 32. ,� J1095 33. / / X665:II 1JQ_ 34. 35. alas arty A'c. 36. ae4(4k,:u_.) fps at,,e , 37. 38. (160-Latei_ 39. A47.-,:a 7 r'j C( 40. X Rf /39_5 Irouwn S� 41. C;`�,11Wr2- 14 s. u. -77) ,, Ktetfri‘ c2 47 ((:, cep '713-4c - Sm _ X22/ 9 alas er \y Aye. RECEIVED v U 11 AUG -8 AM 9: 1+6 City Clerk's Office Dubuque, IA 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 Tom Kluck 14301 Highway 20 Dubuque IA 52001 Masterpiece on the Mississippi RE: City Council Public Hearing — Amend PUD Request Dear Applicant: Dubuque All- amatcacfr 1111,' 2007 August 1, 2011 The City Council will consider your request to amend the Planned Residential District for 2763 University Avenue at a public hearing on Monday, August 15, 2011. 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 6:30 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. Krit Associate Planner Enclosures cc Kevin Firnstahl, City Clerk's Office f: \users\kmunson \wp \city council\2011 \cc aug 15 2011 \kluck amend pr cchrg Itr 08_01_11.doc Service People Integrity Responsibility Innovation Masterpiece on the Mississippi Dubuque klikd All-America City 2007 TO: Zoning Advisory Commission FROM: Guy Hemenway, Assistant Planner Cdr- SUBJECT: Kluck University Avenue Planned Unit Development Amendment DATE: July 26, 2011 INTRODUCTION In June 2009, the Zoning Advisory Commission recommended approval of a Planned Unit Development with a PR Planned Residential designation submitted by Tom Kluck for three acres of property along University Avenue between Prysi and Ethel Streets. Approval was granted for two 24 -unit apartment buildings and associated parking lots and a single -story clubhouse /office building. The Commission recommended approval of the PUD and the conceptual plan for the development, as submitted. At their June 20, 2009 City Council meeting, the Council approved the PUD, as submitted. At the June 1, 2011 Zoning Advisory Commission meeting Mr. Kluck asked to amend the concept plan for the development by enlarging the clubhouse /office building footprint, adding a second story to the building to accommodate three dwelling units and repositioning the building five feet closer to the north side property line, decreasing the setback from 25 feet to 20 feet. The Commission agreed to the request with the exception of the reduced setback. The Commission approved the amendment with the condition that the clubhouse /office building remain a minimum of 25 feet from the north side property line. Subsequently, Mr. Kluck asked the City Council at their June 20, 2011 meeting to decrease the building setback to 20 feet. At the meeting, the Council remanded the request to the Commission for another public hearing. The request was reheard at the July 6, 2011 Zoning Advisory Commission meeting and the applicant arrived late and did not have the opportunity to speak during the public hearing. At the July 6, 2011 meeting, the Commission denied the request to amend the PUD /PR in total. The applicant has subsequently resubmitted the original request. DISCUSSION Mr. Kluck has constructed the first 24 -unit apartment building and a portion of the surface parking lot approved as a part of the original concept plan for the PUD. He has now submitted a new concept plan asking to add a second story to the clubhouse /office Kluck University Avenue PUD Amendment Page 2 building that will accommodate three residential units. Also, he has asked to increase the size of the clubhouse /office from 27' by 45' (1,215 square feet) to 30' by 60' (1,800 square feet) and reposition the building five feet closer to the north side property line. This would mean that the building is setback 20 feet from the north side property line instead of the 25 feet that was originally indicated on the conceptual plan approved in 2009. The parking lot configuration will remain the same, with 86 total off - street parking spaces, 54 of which are located inside of the apartment buildings. By adding three residential units above the clubhouse /office building the total number of units will increase from 48 to 51. This translates to approximately 1.7 parking spaces per unit. A standard multi - family residential development is required to provide a minimum of 1.5 parking spaces per unit. The rest of the site, including the access from University Avenue, the location of the main apartment buildings, and the landscaping will remain the same as was approved on the original conceptual plan. If the three proposed residential units are added the increase in density, traffic and demand on parking will be negligible. However, shifting the building slightly further to the north and adding a second story may impact the adjacent residential property at 2762 Beverly Drive. RECOMMENDATION Staff recommends that the Zoning Advisory Commission review the proposed changes to the Planned Unit Development and forward a recommendation to the City Council. f:\ users \kmunson \wp \boards - commissions\zac\staff reports\zac staff reports 2011 \2763 university avenue amend pud (kluck) stf rpt 05 24 11.doc LL. VECEOWE, JUN 2 7 2011 CITY OF DUBUQUE �°- PLANNING SERVICES DEPARTMENT SAN MH RIM 772.15 FL 765.05 NW FL 765.40 SE S — END 5/8" IRON ROD' W /CAP 1 i-OA 11 S 1 ° SAN MN RIM 797.09 FL 789.49 NE FL 789.44 SW FL 789.54 SE IRUBBISH STORAGE 1 (SCREENED PER CITY REQ.) O \�\ POON NC prIVEWAY S55'42'00"_E.._ s _ SAN MH RIM 800.33 FL 791.53 NW FL 791.53 NE FL 795.98 NE FL 791 aes. SAN MN RIM 800.29 HORIZONTAL SCALE IN FEET 0 20 40 DRAWING MAY HAVE BEEN REDUCED OSTii Rg(1D� S lR: CIFFICE, COMM! 0 Ip / IEEREISE„„EAC1LITY / 21q9\ FIL 933.EISSDENSIAL UNffs UILDING SETBACK LINE W - - - - -- \ \ \ \\ N \ \ \� \ BUILDING 2 (PHASE 2) 24 RESIDENTIAL UNITS THREE STORY INTERIOR W/26 PARKING SPA ES BLDG FTPRNT: 11,320 SOFT. PARKING: 779.50 FIRST FLR: 790.50 SECOND FLR: 800.50 THIRD FLR: 810.50 ROOF RIDGE: 830.50 24 RESIDENTIAL UNITS THREE STORY W/28 INTERIOR PARKING SPACES MID FLOOR:791.50 (ACCESSIBLE ENTRNACE) AO� 4.0P 1P OS V ` PROJECT INFORMATION V'\\\\\\\\ \ \� i 1 }IiI)II I II III , - - - `�111 \ /, 1 i N / L - LOT 1 OF SUB. OF LOT I L:'T 2 OF CORRECT10+ OF PLOT OF MINERAL LOT 2 4 8 ; 3 CR.4dEL LOT 1 OF SUB. OF LOT 1 OF LOT 1 OF CORRECTION FLAT OF LOT 2 OF LOT 1 OF LOT 2 OF "BONSON FARM SUBDIVISION' ( :a I � 1. DESCRIPTION: LOT 28 AND LOT 29, LENNOX ADDITION; LOT 1 OF LOT 1 OF LOT 2, BONSON FARM SUBDIVISION. CITY OF DUBUQUE 2. PROPERTY ADDRESS: 2763 UNIVERSITY AVENUE 3. PROPERTY OWNER: FLAT IRON DEVELOPMENT, LLC 4. DEVELOPER: I&UCK CONSTRUCTION 5. PROPOSED USAGE: MULTI - FAMILY HOUSING 6. TOTAL AREA:2.299 ACRES 7. ZONING CLASSIFICATION:PUD - PR PLANNED RESIDENTIAL 8. PARKING SPACES PROVIDED:86; EXTERIOR ACCESSIBLE SPACES - 5; INTERIOR ACCESSIBLE SPACES - 2 1IW, P.cf • • IIW ARCHITECTURE CIVIL ENGINEERING CONSTRUCTION SERVICES ENVIRONMENTAL ENGINEERING LAND SURVEYING • MUNICIPAL ENGINEERING STRUCTURAL ENGINEERING TRANSPORTATION ENGINEERING INTEGRITY.FXPERTISE.SOLUTIONS .lvvnv.Iiv+En• .som • @00.050A491 © COPYRIGHT 2011 ALL RIGHTS RESERVED. THESE DOCUMENTS HAVE BEEN PREPARED SPECIFICALLY FOR THIS PROJECT ONLY. NO PART OF THIS DOCUMENT MAY BE REPRODUCED OR DISTRIBUTED IN ANY FORM WITHOUTH THE PERMISSION OF IIW, P.C. ALL INFORMATION IN THIS DOCUMENT IS CONSIDERED PROPERTY OF IIW, P.C. t c cL U m I0 C 'O 3 o m � C 0 E Q w 0 15 Fp - 0 o a m 0 0 N 0 0 Sheet No d r Project No: 09145 -04 Before picture (8/15/2011) Kevin Firnstahl - IMAG0072.jpgPage 1 (8/15/2011) Kevin Firnstahl - IMAG0073.jpgPage 1 (8/15/2011) Kevin Firnstahl - IMAG0074.jpgPage 1 (8/15/2011) Kevin Firnstahl - IMAG0075.jpgPage 1 (8/15/2011) Kevin Firnstahl - IMAG0076.jpgPage 1 (8/15/2011) Kevin Firnstahl - IMAG0078.jpgPage 1 (8/15/2011) Kevin Firnstahl - IMAG0079.jpgPage 1 (8/15/2011) Kevin Firnstahl - IMAG0080.jpgPage 1 (8/15/2011) Kevin Firnstahl - IMAG0081.jpgPage 1