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Zoning Tanzanite Dr. Tschiggfrie request to table -Corp April 11, 2005 City of Dubuque Honorable Mayor and City Council 50 West 13th Street Dubuque, Iowa 52001-4864 Ref: Tanzanite Drive Rezoning Honorable Mayor and City Council We would like to request that our rezone of property from R-l Single Family to PUD, be tabled until a future date. If you have any questions please feel free to call me. smcere~ ~ RO~~ggfri~ Vice President : ; [.\.' phone (319) 557-7450 fax (31 9) 557- 7585 Planning Services Department City Hall 50 West 13th Street Dubuque, Iowa 520014864 (563) 5894210 office (563) 5894221 fax (563) 690-6678 TDD planning@cityofdubuque.org www.cityofdubuque.org THE CITY OF (;:=~ DlfBDt1uE ~~~ Ap~~.,8, 20~5 The Honorable Mayor and City Council Members City of Dubuque City Hall- 50 W. 13th Street Dubuque IA 52001 l:.-J RE: Rezoning Applicant: Rod Tschiggfrierr -Corp (tabled from February 2, 2005 meeting) Location: Tanzanite Drive Description: To rezone property from R-1 Single-Family Residential District to PUD Planned Unit Development with a PR Planned Residential District 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, reviewing the conceptual plan and noting that a total of 20 units are proposed. Storm water will be directed to Tanzanite Drive and building heights will be restricted to 30 feet. Staff reviewed surrounding zoning and land use, noting the property lies between single-family homes and two mobile home parks. There were several public comments regarding the request, citing concerns for property values, traffic, storm water and aesthetics. Photographs and written concerns were received by the Commission. The Zoning Advisory Commission discussed the request, noting that while the property is not appropriate for single-family, the applicant does not appear to be committed to building the concept plan submitted. The applicant indicated he would sell the property, and the future property owner mayor may not build the type of units depicted on the concept plan. Recommendation By a vote of 6 to 0, the Zoning Advisory Commission recommends that the City Council deny the request. Service People Integrity Responsibility Innovation Teamwork Tanzanite Drive April 8, 2005 Page 2 A super majority vote is needed for the City Council to approve the request. A simple majority vote is needed for the City Council to concur with the denial. Respectfully submitted, I'j . a>i s;tJ}<) ~~ L2 (i'Jl_- Jeff Stiles, Chairperson Zoning Advisory Commission cc: Gus Psihoyos, City Engineer DU~ Sf.~7~~ Oty of Dubuque Planning Services Department Dubuque, LA 52001-4364 Phone: 563-589-4210 Fax: 563-589-4221 PLANNING APPLICATION FORM [J Variance OConditional Use Permit DAppeal o Speci al Exception OLimited Setback Waiver ~Rezonjng DPlanned District DPreliminary Plat Dr-linor Rnal Plat DText Amendment DSimple Site Plan DHinor Site Plan o ~lajor Site Plan o Major Final Plat DSimple Subdivision OAnnexation OTemjXlrary Use Permit OCertificate of Economic Non-Viability OCertificate of Appropriateness OOther: Please type or print leQiblv in Ink Property' owner(s): 7= CoRP Address: '125" JULIEN [)UEUOt.(E k aty: IJUI?UtpUE Prone: S'3- SS7-7o/50 State:.ltL Zip: S;?003 Fax Number: Sb3- SS7-7Sf3.5 Mobile/Cellular Number: Applicant/Agent: RODNEY 7iCHIG~;:J?)E Address: 'IdS JtlL.IENlJuBUtlWE lJRIVE Oty: OU8/./t;rLE .590-7223 Phone: J'b3 - S 57-7'150 State: L Zip: S..J.t?t:?3 Fax Number:S~3-S5"7-7Sf3S rv1obile/Cellurar Number: 590- 722.3 Site location/address: liiNZI.'JNJr.c DR. /{1I0 El1sr EllfJ SJrPPflJRE thcl.E hT.rRS"ECTIt?N Existing zoning: R / Proposed zoning: P R Historic District: Landmark: Legal Description (Sidwell parcel ID# or lot number/block number/subdivision): Lor t Jilll) lor:< OF E;fLR.>>U) )}cJeu Nt'. .5 Total property (lot) area (square feet or acres): c.09 !?C:::RES Describe proposal and reason necessary (attach a letter of explanation, if needed): J;. #RXM1IZE 7NJZ Pl?rENrJAL rt?Jt- Rr5JJ1FNJ/AL J}I:,vLlt?r/J?E../VT /)Nn MIUIM/Zg 7H~ l/V1p,t:rc."- t?~ .':/AR.R.(?//NI(JJNb LANt.)-MflXIMtAM 20 tlNFr5 ON f',;?"PfRrY - CERTIACATION: I/we, the undersigned, do hereby certify that: OUPLEX}i5 n, -Y.PiEX$S 1. Tne information submitted herein is true and correct to the best of my/our knowledge and upon submittal becomes public record; 2. Fees are not refundable and payment does not guarantee approval; and 3. All additional required written and graphic materials are attached. Property Owner(s): ft~ Applicant/Agent: ____ Date: 3/'1.1os- "3/4l6S Date: FOR OFFICE USE ONLY -APPUCATlON SUBMmAL ~!c~usr _: ~ Received by: ~ Date:.3l oSDocket: OSitejsketch plan )l(Conceptual Development Plan o Photo DPlat DImprovement plans ODesign review project description DFJoor plan o Other: Fe f ~Cl"Z- 'f"!.e. 'Z- (:) f-.J l}J'-< r==' ,..0 It? Z. / ~ o c z ~ Z ;;0 a G) m ;;0 m ,If . : " o !Irf~~~ i! 3ElGl~ l.HElI1NnS . .............................. ........ . .............................. ....... . .............................. ....... 7/)0 DD0{){Jr!] ~: illlllllilliilll!lli!ill!ilil ilillll: o ::::::::::::::::::::::::::::: :::::::: \? \S ~~~~~~ \? 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S M Q ;;0 () r fTl -=- '" z;:: (/)'" '-<" >> zr-t"' 900 _ f; >-3 ..." ..."'..... ~(J1c,.:) Iz ~9 I I I I I .--- T \ \ \ \ \ \ \ CD~ 0'" o"'t"' "'~o tJ:tJ""'3 . -< "ll(/)..... >>cl ~~O) KENNEDY COURT ~ ~ !;; z c " 'll " > ~a.: i8 ; ~~~h~~ g ~g~$tn~ 'ij I'!"~~~~ ~ ~ig~j~~5 l!!'i!n"''ll~ 25:0>0>- ",~~""6~ or;; ~>o ~- ~~~ ~ZN PIl '" IIflj rIW ENGINEERS & SURVEYORS, P.c. Prej.ct D"'CripttDA nno BOOK: OOQ lav.e4Por: lD.IU&I SubIlLlU&l B Concept uildin" Lavout (4 PLEX-PRl 400 ~ ~ NORTH REDUCED PLANNED DISTRICT STAFF REPORT Zoning Agenda: April 6, 2005 Property Address: Tanzanite Drive Property Owner: T -Corp. Applicant: Rod Tschiggfrie Proposed Land Use: Multi-Family Residential Proposed Zoning: PUD/PR Existing Land Use: Vacant Existing Zoning: R-1 Adjacent Land Use: North - Vacant/Residential East - Residential South - Residential West - Residential Adjacent Zoning: North - R-1 East - R-1 South - PR West - PR Flood Plain: No Water: Yes Storm Sewer: Yes Total Area: 2.09 acres Existing Street Access: Yes Sanitary Sewer: Yes Former Zoning: 1934 - County; 1975 - R-2; 1985 - R-1 Purpose: Multi-Family Residential Development. Property History: The property was formerly vacant or agricultural and has been zoned residential since 1979. The property was zoned R-2 and subsequently rezoned to R-1 Single Family Residential. Physical Characteristics: The subject property is a two-acre lot that is approximately 200 feet wide and 450 feet deep with approximately 210 feet of frontage along Tanzanite Drive. The subject property lies on a ridge and drops off to the adjacent properties on all sides. There is approximately 14-feet of grade change from the property's high point to its low point. Conformance with Comprehensive Plan: Goal 6 of the Land Use Element states, "To encourage the concept of mixed use development to create diverse and self- sufficient neighborhood and to buffer and protect incompatible uses from each other." Goal 2 of the Housing Element states, ''To promote the creation and maintenance of an adequate supply of sound, affordable housing integrated throughout the community." The proposed land use map for this area indicates single-family residential development. PLANNED DISTRICT STAFF REPORT Page 2 Staff Analysis: Streets: The residential complex will be served by a 340-foot long and 22-foot wide private access drive that terminates in a cul-de-sac. The private drive will provide a single-access from Tanzanite Drive that is a collector street. The private access drive will enter Tanzanite Drive that has a slight curve and 4.5% grade at this location. Sidewalks: There are no sidewalks indicated within the PUD. Sidewalks will be required along theTanzanite Drive frontage. Parking: The conceptual development plan indicates 46 paved off-street parking spaces and 20 garage spaces for a total of 66 spaces. Ordinance requirements mandate a minimum of 30 parking spaces for this development. Parking spaces and garage access will be located directly adjacent to the private access street in front of the buildings. No portion of the paved parking will be located along the property line next to adjacent residential development. Lighting: Lighting for the parking lot and buildings within the PUD will be required to use cut-off luminaries. Bulk Regulations: The proposed multi-family development shall be constructed in substantial compliance with the attached conceptual development plan. Maximum building height shall be limited to 30 feet. Permeable Area (%) & Location (Open Space): 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. The open space is located primarily behind the buildings and at the end of the cul- de-sac. Landscaping/Screening: Landscaping will be required along the six parking spaces located at the northeast corner of the development between said parking and adjacent to Tanzanite Drive right-of-way and adjacent residential property. In addition, the applicant has indicated a 2' high berm with live plantings every 10 feet along the east property line adjacent to the single-family development. Phasing of development: None. Impact of Request on: Utilities: Adequate city storm sewer, sanitary sewer and water are located in the Tanzanite Drive right-of-way. These utilities will be extended to serve the site. PLANNED DISTRICT STAFF REPORT Page 3 Traffic Patterns/Counts: The IDOT 2001 average daily traffic counts indicate 3,780 vehicle trips per day along Peru Road just south of its intersection with Tanzanite Drive. There are currently no IDOT counts for Tanzanite Drive. ITE trip generation figures indicate that a multi-family development of 20 units will generate 147 average daily trips. If this site were developed for 10 moderate sized single-family lots, it would generate approximately 100 average daily trips. Tanzanite Drive at this location is a collector street and is designed to accommodate the volume of traffic that would be generated by the proposed development. Public Services: Existing public services are adequate to serve the site. Environment: No adverse impacts to the environment are anticipated provided adequate erosion control measures are provided during all phases of construction and that adequate storm water conveyance is provided. Adjacent Properties: The proposed PUD indicates five four-plexes for a total of 20 units on the two-acre site. Two of the four-plexes will be located on the east side of the access drive with the rear of the buildings adjacent to existing single- family development. The rear of the buildings will be approximately 19 feet from the property line and will be bordered on the backside by green space. The buildings will be limited to 30 feet in height, which is the same maximum height standard as in R-1 Single-Family Residential districts. The three four-plexes located along the west property line will be also be 19 feet from the rear property line adjacent to the Alpine Mobile Home Park. All parking for the site will be located on the interior in front of the buildings along the private access drive. The applicant has proposed a 2' high berm with live plantings along the eastern boundary to help buffer the development from adjacent residential properties. Storm water management will be required. ---------------------------------------------------------------------------------------------------------------------- Staff Analysis: The applicant is proposing to rezone an approximately two acre parcel with 210 feet of frontage along Tanzanite Drive from R-1 Single-Family Residential to PUD Planned Unit Development. The subject property sits approximately 20-30 feet above the adjacent residence on the ridge of a hill. The closest single-family residence to the east is located on Kennedy Court, and is approximately 140 feet from the subject lot. There are also mobile homes in close proximity both west and south of the subject property . The applicant is proposing to place five four-plexes for a total of 20 units on the lot. Each four-plex will have paved off-street parking in the front along the private street and each will have a single-car garage. The private access drive is 22-feet wide, 360 feet long with a 3% maximum grade that terminates in a cul-de-sac. Traffic from the subject property will access Tanzanite Drive and not be channeled through either the two adjacent mobile home parks or the adjacent single-family residential development on Kennedy Court. PLANNED DISTRICT STAFF REPORT Page 4 If this lot were developed as a single-family residential subdivision, it could accommodate from eight to 12 lots. At approximately 147 average daily trips, the traffic generated by the multi-family development will be approximately 50% more than would be generated by single-family development. The applicant has proposed a 2' high berm with landscape plantings every 10 feet along the eastern property boundary to help buffer the development from the adjacent single-family residential properties. Note that the conceptual development plan indicates that the cul-de-sac may be "mirrored" which would place the third four-plex along the east property line. Staff recommends the Zoning Advisory Commission review the criteria established for granting a Planned Unit Development. Prepared by: ~~Yt.J\l./~_ Reviewed: Date: 3,-)9-05 Prepared by: Laura Carstens. City Planner Address: City Hall. 50 W. 13th St Telephone: 589-4210 ORDINANCE NO. -05 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY lOCATED ON THE SOUTH SIDE OF TANZANITE DRIVE FROM R-1 SINGLE-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-1 Single-Family Residential District to PUD Planned Unit Development District with a PR Planned Residential District designation and amending Ordinance 56- 03 and adopting a revised conceptual development plan, a copy of which is on file with the City of Dubuque Planning Services Department, for property legally described to wit: lot 1 and 2 of Emerald Acres NO.3 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 (2003), 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: A. Use Reaulations. 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 20 multi-family units. 2) Accessory uses shall include any use customarily incidental and subordinate to the principal use it serves. Ordinance No. -05 Page 2 B. Lot and Bulk Reaulations. Development of land in the PUD District shall be regulated as follows: 1) The proposed multi-family development shall be constructed in substantial compliance with the attached conceptual development plan. 2) Maximum building height shall be limited to 30 feet. C. 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) 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 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. E. Sian Reaulations. Signs in the PUD District shall be regulated in accordance with the R-3 sign regulations of the Zoning Ordinance. F. Transfer of Ownership. 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. Ordinance No. -05 Page 3 G. Reclassification of Subiect Property. The City of Dubuque, Iowa, may initiate zoning reclassification proceedings to the R-1 Single-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. H. 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. Recordina. 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 day of 2005. Terrance M. Duggan, Mayor ATTEST: Jeanne F. Schneider, City Clerk ACCEPTANCE OF ORDINANCE NO. -05 I, Rod Tschiggfrie, representing T-Corp., having read the terms and conditions of the foregoing Ordinance No. -05 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this day of 2005. 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