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 (;:=~
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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
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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~
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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-
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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:
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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.
By
Rod Tschiggfrie
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