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Request to Rezone 2763 University Avenue_Hammel, 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 p1 anning@cityof dubuque.org The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 13th Street Dubuque IA 52001 Dubuque E 2007 Masterpiece on the Mississippi December 12, 2011 Applicant: Julie Hammel / Tom & Dave Kluck Location: 2763 University Avenue Description: To amend the Planned Residential District to permit a 72 foot wide common building, 60 foot maximum width approved on the existing conceptual plan. Dear Mayor and City Council Members: The City of Dubuque Zoning Advisory Commission has reviewed the above -cited request. The supporting documentation is attached for your review. Discussion The applicant's representative, Mike Ruden, IIW, P.C., spoke in favor of the request, reviewing the amendment is to allow the construction of decks on three sides of the common building. He noted that the decks will increase the width of the building from 60 to 72 feet and the depth from 30 to 36 feet. Staff reviewed the staff report, noting the proposed change is significant because of previous discussions regarding building location and setbacks. Staff reviewed building elevations and landscaping, noting a portion of the building will be below grade and landscaping is required on the north and west sides. There was one public comment regarding the loss of privacy because of the decks and the future construction of a second 24 -unit apartment building. The Zoning Advisory Commission discussed the request, and felt it was appropriate. Recommendation By a vote of 6 to 1, 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, )tAl. b. L-1-- Charles Miller, Chairperson Zoning Advisory Commission Service People Integrity Responsibility Innovation Teamwork THE crry OF DUB Masterpiece on the Mississippi ['variance ['Conditional Use Permit ['Appeal ['Special Exception ['Limited Setback Waiver ❑Rezoning Dubuque 1111' 2007 PLANNING APPLICATION FORM [Planned District hv,(44- [Preliminary Plat ['Minor Final Plat ['Text Amendment ['Simple Site Plan EMinor Site Plan ❑Major Site Plan ['Major Final Plat ['Simple Subdivision ['Annexation ['Temporary Use Permit Please type or print legibly in ink Property owner(s): IL,YA C 1 J p: A (' Address: ['l,, ©\ Wt-.S City: but\clucl U C' City of Dubuque Planning Services Department Dubuque, IA 52001 -4864 Phone: 563-589-4210 Fax: 563 - 589 -4221 ['Certificate of Economic Non - Viability ['Certificate of Appropriateness ['Historic Designation ��� Neighborhood Association f ❑Other: Phone: (b) 5k` R State: Z Zip:Z3 Fax Number: 5 15c�' tat3 Cellular Number: l05 t3- 0311 E -mail Address: TtKLUe {L�`6��o 0 L,e aw Applicant/Agent: S Li I E 'i -aWL Vbt E J Phone: 5k--Iy Address: rata'- -_ City: State: Zip:_ Fax Number: TJt'- S3� a�s5 Cellular Number: E -mail Address: Or V\;LC_ Site location/address: T7 ( \ I Y\ t V e VS 1- \ L ,\ l..i- Existing zoning: U Proposed zoning: Historic District: Landmark: Legal Description (Sidwell parcel ID# or lot number /block number /subdivision): IL a1, .SLf. ()die Total property (lot) area (square feet or acres): Describe proposal and reason necessary (attach a letter of explanation, if needed):. i ►- s1e.t -.+� 114-e- NOD T EStmac -r��►— vUs 1rrac-r °Co PEI i -»r&-r o 'I 11 wr, tb. t..--.1 1g L4 (.mob t-it.►,.► s>i ,„A ,p-J *Noas twCr' P*C,a,--! CERTIFICATION: I /we, the undersigned, do hereby certify that: 1. It is the property owner's responsibility to locate property lines and to check your abstract for easements and restrictive covenants. K J 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 wrtten and graphic materials are attached. Property Owner(s):�'�� Applicant/Agent: Date: /0 "(-2)-// Date: /C) FOR OFFICE USE ONLY — APPLICATION SUBMITTAL CHECKLIST Fee: J'? Received by: Date: p -44 - 1 pocket: ❑ Site /sketch plan❑ Conceptual Development Plan ❑Photo ❑ Plat ❑ Improvement plans ❑ Design review project description ❑ Floor plan ❑ Other: eN ftr. yq p s ob C -2 z " C -3 rn • m Base Data Provided by Dubuque County GIS THE CITY OF DUB Masterpiece on the Mississippi Vicinity Map N A Applicant: Julie Hammel / Tom & Dave Kluck Location: 2763 University Avenue Description: To amend the Planned Residential District to permit a 72 foot wide common building, 60 foot maximum width approved on the existing conceptual plai Legend Proposed Area to be Rezoned nZoning Path: H: \Planning Services \Vicinity Maps\ZAC Vicinity Maps \projects\2763 University (Kluck) 11_17_11.m THE CITY OF DfrJJ1 Masterpiece on the Mississippi TO: Zoning Advisory Commission FROM: Guy Hemenway, Assistant Planner SUBJECT: Kluck University Avenue Planned Unit Development Amendment DATE: December 7, 2011 Dubuque kiltd AII•America City 2007 INTRODUCTION Mr. Tom Kluck has submitted a request to amend his University Avenue PUD to permit an expansion of the common building from 60 feet to 72 feet in width and from 30 feet to 36 feet in depth. This amendment is needed to enable Mr. Kluck to add three 6' by 15' second story covered decks to the east, south and west sides of the common building. The building will still be located 20 feet from the north side property line. BACKGROUND 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 subsequently resubmitted the request for the August 3, 2011 Zoning Advisory Commission meeting and Kluck University Avenue PUD Amendment Page 2 the request was approved with conditions. The conditions required that Hemlock trees that are a minimum of 6 feet high at planting be placed 8 feet on center along the north side of the common building and that three deciduous trees of 2.5 inch caliper at planting be placed on the west side of the building. The concept plan approved at this meeting indicated a 60 foot wide by 30 foot deep common building set back 20 feet from the north side property line. DISCUSSION After reevaluating the building design, Mr. Kluck has decided to place three decks on the second story of the structure to serve the apartments. The decks will be six feet deep, 15 feet wide and be located at the west, south and east ends of the building. The decks will be covered by an extension of the roof line. This increases the building width to 76 feet and the building depth to 36 feet, while the north side setback will remain 20 feet. Therefore, an amendment to the approved plan is necessary. 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 submitted and been approved for an amended concept plan asking to add a second story to the common building that will accommodate three residential units. He was also granted permission to increase the size of the common building 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 has remained 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 for the property was increased 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 amended conceptual plan dated June 27, 2011. The addition of three six foot by fifteen foot decks to the second story, while maintaining the 20 north side yard setback, should have little additional impact on the adjacent residential property at 2762 Beverly Drive, or to the residences located across Beverly Drive. Mr. Kluck has provided an elevation of the proposed common building showing that a portion of back side of the building will be located below grade. He has also submitted a floor plan and a site plan indicating the location of the proposed decks on the building. 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 Prepared by: Laura Carstens, City Planner Address: 50 W. 13th St., City Hall Telephone: 589 -4210 Return to: Kevin Firnstahl, City Clerk, Address: City Hall- 50 W. 13th Street Telephone: 589 -4121 ORDINANCE NO. 53 -11 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RESCINDING ORDINANCES 36 -09 AND 41 -11, 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 ADDING DECKS TO THE COMMON 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 rescinding Ordinances 36- 09 and 41 -11, which established regulations for a Planned Unit Development with a PR Planned Residential District, and now being amended to allow adding decks to the common 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. B. Lot and Bulk Regulations. Development of land in the PR Planned Residential District shall be regulated as follows: Kluck Condominiums — University Avenue Page 2 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. 4. The common building shall be set back a minimum of 20 feet from the north property with a maximum of 72 feet of building width and 36 feet of building depth. 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. iii. Building exterior. Kluck Condominiums — University Avenue Page 3 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 Planning Services. 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 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. Kluck Condominiums — University Avenue Page 4 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. 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. Kluck Condominiums — University Avenue Page 5 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 Attest: S. Firnstahl, City Jerk 19th day of December (V4Y/A-___ 2011. Lynn Sutton, Mayor Pro -Tem OFFICIAL PUBLICATION ORDINANCE NO.53 -11 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE' OF ORDINANCES; UNIFIED DEVELOP MEN' T CODE, BY' RESCINDING ORDINAN- CES 36-09 AND 41 - WHICH ESTABLISH REGULATIONS FOR PLANNED UNIT qEV� OPMENT WITH A PLAN -. NED RESIDENTIAL DES- - IGNATION, LOCATED., NORTH OF THE UNI- VERSITY AVENUE AND ETHEL STREET INTER- SECTION, AND NOW BEING AMENDED TO ALLOW ADDING DECKS TO THE COMMON BUILDING. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, 10- WA: Section 1. That Ap- pendix A (The Zoning Ordinance). of the City of Dubuque Code of Or- dinances, Unified De- velopment Code, is hereby amended • by rescinding Ordinances 36 -09 and 41-11, which established reguQfgtions for a Planned Unit De- velopment with a PR 'Planned Residential District, and now being amended to allow add- ing decks to the com -, mon building for the following described property, to wit: Lot 28 and Lot 29 Le- nox 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 units. 2. No secondary or contingency uses shall be permitted. . 3. Accessory ruses shall include any use customarily incidental and subordinate to the principal use it serves.l B. Lot and Bulk Reg- ulations. Development of ';land in the PR Planned Resi- dential District shall be regulated as follows: 1. Proposed buildings shall be located in sub- stantial conformance with the approved icon - ceptual 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 meas- ured from the first floor elevation to mid point of the peak of the roof. 4. The common building shall be set design, and location of parking spaces desig- nated for persons with disabilities shall be ac- cording to the local, state, or federal re- quirements in effect at the time of develop- ment. 2. Site Lighting a. Exterior illumina- tion of site features shall be limited to the illumination of the, fol- loWing: i. Parking areas, driveways and loading facilities. ii. Pedestrian walk- way surfaces arid en- trances to building: iii. Building exterior. b: deation an'd' De- sign. .r ' i.!No.light source shall provide illumination onto adjacent lots, buildings or streets in excess of 1.0 foot can- dle. ii. All exterior lighting luminaries shall be de- signed and installed to shield light from the lu- minaries 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 serv- ice lines to posts, and fixtures shalt be under- ground and concealed inside the posts. 3. Landscaping • a. an The open , S,p <ace , of each lot shall' be plant- ed with permanent lawn and ground cov- ers, shrubs and trees. It is the intent of these regulations that the development of re- quired open spaces shall reflect a high fa1iiity of environmen- l design. The follow- ing provisions shall ap- ply. i. Landscape plans are required as part of submittals for site plan re�nrew, tar; ri%cape MARS -,are to. • I nciude type, number and size of proposed plantings. LandscapIng shall be designed in compli- ance with Section 4 -4 of the .Zoning Ordi- nance. ii. Within one (1) year following completion of construction, or by the;date that a building is issued an occupancy certificate by the Build - ihigry . Ser'rices Depart- ioet of the City of Du- b ique whichever, first o urs,,,,required land- sbg shall be instal - 1,'ed. iii; The proposed club- house 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 coor- dinated with Planning Services. 4: Storm .Water Con- veyance ' The developer shall be responsible for pro- viding surface or sub- surface conveyance(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 Citj4of Dubuque. Other applicable regulations enforced by the City of Dubuque relative to storm water manage- ment and drainage shall apply to the sub- ject property. 5. Exterior Trash Col- lection Areas a. The storage of trash and debris shall be limited to that pro- duced by the principal permitted use and ac- cessory 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 opaque fence, wall or other feature not ex- ceeding a height of 10 feet measured from the ground level out- side 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 con- struct the opaque screw) sj)a I,_be similar in appearanceto mate- rials used for exterior building walls. All exte- rior entrances •to a screened trash area shall be provided with a gate or door of simi- lar design to that of the screen. If a 10 -foot high screen fails to shield the exterior trash col- , lection area from view from points inside or outside of the proper - ty, evergreen plantings may be required in ad- dition to the screening. Evergreen ,plant mate- accordance with Sec- tion 5 -3 of the Zoning Ordinance.• F. Other Codes and Regulations 1. Service Lines. All electric, telephone, ca- ble, or other similar utility lines serving the building and other'site features shall be:locat- ed underground. 2. The use of semi- trailers and shipping containers for storage is prohibited. 3. These regulations do not relieve the own- er from other applica- ble city, county, state or federal codes, regu- lations,'laws and other controls relative to the planning, construction, operation and manage- ment of property with- in the city of Dubuque. G. Transfer of Own- ership Transfer of ownership or lease of property in' this PR Planned Resi- dential District shall in- clude the transfer or lease agreement a pro- vision that the pur- chaser or lessee ac- knowledges awareness of the conditions au- thorizing the establish- ment of the district. H. Occupancy Per- mits No occupancy permit shall be issued by the City of Dubuque for property included in the subject planned unit development dis- trict until full compli- ance ' with this ordi- nance has been ach -, ieved. 1. Records ig A copy of this Ordi- nance shall be record- ed at the expense of the property owner(s) with the Dubuque county recorder as a permanent record of the conditions accept- ed as part of this re- classification approval. This ordinance shall be binding upon the un- dersigned and his /her heirs, successors and assigns. Section 2. The forego- ing amendnieit has heretofore been re- viewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. The forego- ing amendment shall take effect upon publi- cation, as provided by law. Passed,approved.and adopted thisl9th day of December, 2011. /s /Lynn Sutton, Mayor Pro -Tem Attest /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald Newspaper the 23rd day of December 2011. • /s /Kevin S. Firnstahl, City Clerk It 12/23 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: December 23, 2011, and for which the charge is $96.26. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this 4.(9 (19 day of 20 . Notary Public in and for Dubuque County, Iowa. OFFICIAL ' PUBLICATION ORDINANCE NO. 53-11 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOP- MENT CODE, BY RESCINDING ORDINAN- CES 36-09 AND 41 -11, WHICH ESTABLISHED REGULATIONS FOR A PLANNED UNIT DEVEL- OPMENT WITH A PLAN- NED RESIDENTIAL DES- IGNATION, LOCATED NORTH OF THE UNI- VERSITY AVENUE AND ETHEL STREET INTER- SECTION, AND NOW BEING AMENDED ' TO ALLOW ADDING DECKS TO THE COMMON BUILDING. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IO- WA: Section 1. That Ap- pendix A (The Zoning Ordinance) of the City of Dubuque Code of Or- dinances, Unified De- velopment Code, is hereby amended- by rescinding Ordinances 36-09 and 41-11, which established regulations for a Planned Unit De- velopment with a PR 'Planned Residential District, and now being amended to allow add- ing decks to the com- mon building for the following described property, to wit: Lot 28 and Lot 29 Le- nox 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.yin 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,; B. Lot and Built Reg- ulations. Development gf land in the PR Planned Resi- dential District Shall be regulated as follows: 1. Proposed buildings shall be located in sub- stantial conformance with the approved con- ceptual 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 meas- ured from the first floor elevation to mid point of the peak of the roof. 4. The common building shall be set back a minimum of 20 feet from the north property with a maximum of 72 feet of building width and 36 feet of building depth. C. Perfoenance Standards ' The development and maintenance of uses in this PR Planned Resi- dential 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 dots- and, 56 spaces in underground parking. b. All vehicle - related features shall be sur- faced with either as- phalt or concrete. c. Curbing and proper surface drainage of storm water shall be provided: , d. All parking and loading spaceshall„be delineated on he sur- facing material by painted'stripes or oth- er permanent means. e. The, number, size and design of' parking spaces shall be gov- erned by applicable provisions of City of Dubuque ,.p •i ces enforcedat. �af d6 efopmerit the' The nuthbeer, size, plans are to incivae type, number and size of proposed plantings. Landscaping shall be designed in compli- ance with Section 4-4 of the . Zoning Ordi- nance. ii. Within one (1) year following completion of construction, or by the date that a building is issued an occupancy certificate by the Build- ing Services Depart- ment of the City of Du- buque, whichever first occurs, required land- scaping shall be instal- led. iii. The proposed club- house 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 coor- dinated with Planning Services. 4: Storm ,Water Con- veyance ' The developer shall be responsible for pro- viding surface or sub- surface conveyance(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 Cibiof Dubuque. Other applicable regulations enforced by the City of Dubuque relative to storm water manage- ment and drainage' shall apply to the sub- ject property. 5. Exterior Trash Col- lection Areas a. The storage of trash and debris shall be limited to that pro- duced by the principal .I permitted use and ac- cessory 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 opaque fence, wall or other feature not ex- ceeding a height of 10 feet measured from the ground level out- side 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 con- struct the opaque screen, shall be similar in appearance.to mate- rials used for exterior building walls. All exte- rior entrances to a screened trash area shall be provided with a gate or door of simi- lar design to that of the screen. If a 10 -foot high screen fails to shield the exterior trash col- , lection area from view from points inside or outside of the proper- ty, evergreen plantings may be required in ad- dition to the screening. Evergreen mplant mate- rials shall be selected 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 accord- ance- with Section 4 -4 of the Zoning Ordi- nance prior to con- struction of any build- ings. D. Open Space and I Recreation Areas Open space and land- scaping in the PR Plan- ned Residential District shall be *dieted as follows. Those areas not designated on the conceptual develop- ment plan shall be maintained as ,open space, as defined by S,ection.8 of the, Zoning Ordinance of the City of Dubuque, Iowa, by e property' ,owner a /�o' , eciation.., 2E,Srg w , , " ulations, a` 1 Signein the Plan - dl!Residential District all be regulated in cordance with the R- 4 Multi- Family Residen- tyal Zoning District sign regi'rlatiens of the Zon- ing Ordinance. t 2. Variance requests *dm sign requirements for': size, numbe and *Wait shalt, ' re= evued ybgiti'e • • Mg. l 11oarcI of A cljustmerit in neirs, successors ana assigns. Section 2. The forego- ing amendment has heretofore been re- viewed by the Zoning Advisory Commission of the City of Dubuque, Iowa Section 3. The forego- ing amendment shall take effect upon publi- cation, as provided by law. Passed, approved .and adopted thisl9th day of December, 2011. /s /Lynn Sutton, Mayor Pro -Tem Attest /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald Newspaper the 23rd day of December 2011. /s /Kevin S. Firnstahl, City Clerk 1t 12/23 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: December 23, 2011, and for which the charge is $96.26. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this et9 ej day o ,ez , 20 7 . Notary Public in and for Dubuque County, Iowa. K. VIE_';-; 41,Lic.Y_____/ Li 1 \Z-'1.1--r-( - Irw, P.C. f • - - •-:: i i W CM. 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ENGNEEMq SMUCIVRA.ENGIWERNG 1RANSPDRTATION ENGINEERING O O O .II — O 10 MINIM �� Wb LIMA I t Q 0 REF. 6.a rllOgA INTEGRITY UMW-COLUMNS. MERIMIllan Co r r -u- 3.11 I MIN EU J I - 9.r .00: D ELI e 66OSFOF LEASED SPACE 8 -S 11. r r. n• Mir 3 1 �, 5.10 SF rIP—bril ® © CCPYFIGRT 201 I ALL Fuca Ts THESE DOCUMENTS UAW WEN TREPARED SPEWIGLLY :OR DIDRI -IS DO URE W PRUDE RO DtSTRWRED t, ARV FORM wrtxcMT 1xEI'ERU65dvoE NY•PTHSD WORLIATION CONSIDERED PROPERTY OE M.PC I `� C ° B BIfcEO ( n I. (II II ®D = a® SA{FIXO - SBIFOtD WASFDF YhTA LEASED SPACE _ Ia -r IG.I- SOaTA iv -1- ✓' .� J.pOA LE SFOF LEASED SPACE M•r tv -I L1 ©� j 15 5 NW 0 SE JD 5/8" ON ROD /CAP s \ \ \ 5 .• • SAN MH RIM 797.09 FL 789.49 NE FL 789.44 SW FL 789.54 SE C.NC DRIVEWAY S55'421007E_: -2+6.24'1 - • - • - • - _ • • • ! --■■•m" BM AOH EL. 793.91 0 \\ \ \\64.12D-44G2 (PHASE PANG FF79.50\ \ .RESIDNEN'TIAL UNT \ ' TEETORY BLp Ft13RNT: 1:1,320 FIRST-PLR: 790.50- SECONn Fi SU:MI 24 R THREI \W/28 PARK 0 2 a. a 5 N N h co 0 N 6) N Tfl 0 a 2 > n c -a • a m m 0 N rn 0 N O u) GS 0 • CITY OF h!?I !ibUE PLANNING SERVICES DEPARTMENT MENT A L O SAN MH RIM 772.15 FL 765.05 NW FL 765.40 SE ---j \` \ \ NS6 7.8••E �7i14'�� \ - FND 5/8 \ \ \ \ 1 \ 905 900 \ W /CAP \ \ \ \ \ No's 02 POp\A\ON SAN MH RIM 797.09 FL 789 .9 NE FL 789.4.0 SW FL 789.5.0 5E IRUBBISH STORAGE (SCREENED PER CITY REQ.) C�NC pRIVE WAY POO\.04 vE �yo BOA _4.L- 200 -24-6. SAN MH RIM 800.33 FL 791.53 NN! FL 791.53 NE FL 795.98 NE FL 791.. S- SAN MH RIM 800.29 HORIZONTAL SCALE IN FEET 0 20 40 DRAWING MAY HAVE BEEN REDUCED �S / 0 STORY-BUILDING S : dFFICE, COMM!ROOI/ / \E >ERas2„- EACiLITY ----- o 2■Q1 Fp(..3 _REISDENSIAL UNr S 11793. `0' -. / / T \ --1.� �UtLDING SETBACK LING \F a NIN 3 BUILDING 2 (PHASE 2) 24 RESIDENTIAL UNITS THREE STORY W/26 INTERIOR PARKING SPACES f z a 00 11 w W 62 om oW 0 0 BLDG FTPRNT :11,320 SOFT, PARKING: 779.50 FIRST FLR: 790.50 SECOND FLR:800.50 THIRD FLR: 810.50 ROOF RIDGE: 830.50 FIRST FLOOR EXISTING BUILDING 24 RESIDENTIAL UNITS THREE STORY W/28 INTERIOR PARKING SPACES M,ID FLOOR: 791.50 (ACCESSIBLE ENTRNACE) Q�POF, P��NPto-OS A2 \ PROJECT INFORMATION lea 1 \ \ \\ \ \ \\ \\ \ _- - -- - --- % lltIITIIII \ LOT 1 05 SUB, OF LOT F LOT 2 OF CORRElTI FL21(5 FLr,.T OF MINEP.4L LOT N�'45'31' W CR. -.'JEL LOT 1 OF SUB. OF LOT 1 OF LOT 1 OF CORRECTION PLAT OF LOT 2 OF LOT 1 OF LOT 2 OF "BONSON FARM SUBDIVISION" 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: IZLUCK 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 flw ARCHITECTURE CIVIL ENGINEERING CONSTRUCTION SERVICES ENVIRONMENTAL ENGINEERING LAND SURVEYING MUNICIPAL ENGINEERING STRUCTURAL ENGINEERING TRANSPORTATION ENGINEERING INTEGRITY EXPERTISE SOLUTIONS .live .50m.8909 F 4191 © 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 IRN, P.C. Z I- J O Q u) W bI u) O u) z5 OwN 0 n`. KLUCK UNIVERSITY AVENUE CONDOMINIUMS J • • O • 00 o O -I al 0 m z 0 0,T g' LL Drawing Issue Information f 0 U 2 D ▪ 0 m C 0) _ 0) a� 8 11 •0 m ;? N a N a 50 N 0 0 0 0) O 05 Sheet No ''i it i c Project No: 09145 -04 CITY OF DUBUQUE, IOWA • OFFICIAL NOTICE NOTICE is hereby giv- en that the Dubuque . City Council will con- duct public hearings at a meeting to ,com- mence at 6 :30 p.m. on Monday, December 19, ' 2011, in the Historic Federal Building, 350 West 6th Street, on the • fol lowing: Rezoning - Request by Julie Hammel / Tom & Dave Kluck, to amend the Planned Residential District for property lo- cated at 2763 Universi- ty Avenue to permit a 72 foot wide common building, 60 foot maxi- mum width approved on the existing concep- tual plan. Request by Green Acres Storage LLC to amend the existing PC Planned Commercial District for property lo- cated at 2175 Holliday Drive to allow mini - storage as a permitted use and increase build- ing height to 45 feet. Copies of supporting documents for the pub- lic hearings are on file in the City Clerk's Of- fice and may be viewed during normal working hours. written comments re- garding the above pub- lic hearings may be submitted to the City Clerk's Office on or be- fore said time of public hearing. At said time and place of public hearings all interested citizens and parties will be given an qppor- tunity to be heard for or against said rezoning. Any visual or hearing impaired persons needing special assis- tance 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,meetrng. Kevin S. Firnstahl City Clerk It 12/13 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: December 13, 2011, and for which the charge is $19.87. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this /,_16 day of ,/� , 20 // . otary Public in and for Dubu 4pT,1; ti, • e County, Iowa.