Peru Rd/Kennedy Ct Property Reclassification
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Prepared by: Laura Carstens. City Planner Address: City Hall. 50 W. 13th Street Telephone: 589-4210
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ORDINANCE NO. 10 -99
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE
CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED WEST OF PERU ROAD AND NORTH OF
KENNEDY COURT FROM DUBUQUE COUNTY A-1 AGRICULTURAL DISTRICT TO
CITY OF DUBUQUE PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PR
PLANNED RESIDENTIAL DISTRICT DESIGNATION AND ADOPTING A
CONCEPTUAL DEVELOPMENT PLAN WITH CONDITIONS, FOR EMERALD ACRES
NO.2., CONCURRENT WITH ANNEXATION.
Whereas, Lawrenc;:e and Katherine Ludwig, property owners, and Edward D.
Tschiggfrie, contract buyer, have requested rezoning concurrent with annexation to the City of
Dubuque, in accordance with Section 2-3 of Appendix A (the Zoning Ordinance) of the City of
Dubuque Code of Ordinances; and
Whereas, the request has been found to be consistent with the Comprehensive Plan
and the Future Land Use Map of the Comprehensive Plan.
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 reclassifying the hereinafter described property from
Dubuque County A-1 Agricultural District to City of Dubuque PUD Planned Unit Development
District with a Planned Residential designation and adopting a conceptual development plan, a
copy of which is attached to and made a part hereof, for Emerald Acres No.2 as stated below,
to wit:
Lot 2 of Lot 1 of SE 1/4 of the SE 1/4 Sec. 2 T89N, R2E and to the center line of the
adjoining public right-of-way, all in the City of Dubuque, Iowa.
Section 2. Pursuant to Iowa Code Section 414.5 (1993), and as an express condition
of the reclassification, the undersigned property owners agrees to the following conditions, all
of which the property owners further agrees are reasonable and imposed to satisfy the public
needs that are caused directly by the zoning reclassification:
A. Use ReQulations.
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ORDINANCE NO. 10 -99
Page 2
The following regulations shall apply to all uses made of land in the above
described PUD District:
1) Principal permitted uses for Lots 1 through 23 shall be limited to:
a) Single-family detached dwellings--[11].
2) Principal permitted uses for Lots 24 and 25 shall be limited to:
a) Single-family detached dwellings--[11].
b) Two-family dwelling (duplex)--[11].
c) Multi-family dwelling (maximum six (6) dwelling units)--[9].
d) Townhouses (maximum six (6) dwelling units)--[11].
3) Accessory uses shall include any use customarily incidental and subordinate
to the principal use it serves.
[ ] Parking group--see Section 4-2 of the Zoning Ordinance.
B.
Lot and Bulk ReQulations.
Development of land in the PUD District shall be regulated as follows:
1) Lots for single-family dwellings shall meet bulk regulations set forth in the
Zoning Ordinance for the R-1 Single-Family Residential District.
2) All multi-family residential structures in the Planned Residential development
shall meet bulk regulations set forth in the Zoning Ordinance for the R-3
Moderate Density Multi-Family Residential District.
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) Proposed public streets in the Planned Residential development shall be
designed and built to City Engineering specifications.
2) Tanzanite Drive shall be constructed to a width of 37 feet.
3) Erosion control devices shall be provided during all phases of construction of
the Planned Residential development.
4) Parking requirements for allowed uses shall be as per the parking group for
the designated use, in accordance with Section 4-2 of the Zoning Ordinance.
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ORDINANCE NO. 10 -99
Page 3
5) Sidewalks shall be provided adjoining all public streets.
6) Storm water control facilities will be installed as per City Engineering
requirements.
7) 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:
1) Those areas not designated on the conceptual plan for development shall be
maintained as open space, as defined by Section 8 of the Zoning Ordinance,
by the property owner and/or association.
E. SiQn ReQulations.
Signs in the PUD District shall be regulated as follows:
1) Signs shall be allowed in the Planned Residential development in accordance
with the R-1 sign regulations of the Zoning Ordinance.
F. Additional Standards.
1) That the attached conceptual development plan shall constitute a preliminary
subdivision plat, in accordance with Chapter 42, Subdivision Regulations, of
the City of Dubuque Code of Ordinances.
2) That the property between the south right-of-way line of Tanzanite Drive and
the south property line of Lot 2 of Lot 1 of SE 1/4 of SE 1/4, Sec. 2 must
comply with the regulations adopted for Alpine Heights Mobile Home Park
Ordinance No. 72-98.
G. 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.
H. Reclassification of Subiect Property.
The City of Dubuque, Iowa, may initiate zoning reclassification proceedings to the
AG Agricultural District in accordance with Section 6 of the Zoning Ordinance if the
property owners fail to complete or maintain any of the conditions of this ordinance.
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ORDINANCE NO. 10 -99
Page 4
I. 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.
J. RecordinQ.
A copy of this ordinance shall be recorded at the expense of the property owners
with the Dubuque County Recorder as a permanent record of the conditions
accepted as part of this reclassification approval within ten (10) days after the
adoption of this ordinance. This ordinance shall be binding upon the undersigned
and his/her heirs, successors and assigns.
Section 3. The foregoing amendment has heretofore been reviewed by the Zoning
Commission of the City of Dubuque, Iowa.
Section 4. The foregoing amendment shall take effect upon publication, as provided by
law, and at such time that the herein described property is legally annexed into the City of
Dubuque, Iowa.
Passed, approved and adopted this 1st day of March
,1999.
ATTEST:
PL \COUNCIL \ORD\emerald .pud
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ORDINANCE NO. 10 -99
Page 5
ACCEPTANCE OF ORDINANCE NO. 10 -99
We, Lawrence and Katherine Ludwig, property owners, having read the terms
and conditions of the foregoing Ordinance No. 10 -99 and being familiar with the conditions
thereof, hereby accept the same and agree to the conditions required therein.
Dated this;26' day of ~, 1999.
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By
B'f~1fr1kiQ<D V.uct~~
Katherine Ludwl
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PIJnning Services DepJrtment
50 West 13th Street
Dubuque, Iowa 52001-4864
niB CITY OF ~
DUBUQuE
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February 16, 1999
Mr. Edward Tschiggfrie
400 Julien Dubuque Drive
Dubuque IA 52003
RE: City Council Public Hearing
Dear Mr.Tschiggfrie:
The City Council has set your request to annex and rezone approximately 19.8 acres west
of Peru Road from County A-1 to City PUD Planned Unit Development for public hearing
on Monday, March 1. 1999. 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 7:00 p.m. in the Auditorium on the third floor of the Carnegie-Stout
. Public Library, 360 W. 11th Street.
The Zoning Advisory Commission recommended approval of your rezoning request with
conditions. Iowa Code requires that the property owner agree to a condditional rezoning
in writing prior to the City Council's public hearing. If you agree to the conditions placed
on your rezoning and described in the enclosed ordinance, please sign and date the
enclosed acceptance form. Please return the signed acceptance form to City Clerk Mary
Davis, City Hall, 50 W. 13th Street, by 5:00 p.m. on Monday. March 1, 1999.
Please contact the Planning Services Department at (319) 589-4210 if you need more
information or have any questions.
Sincerely,
o (~ 0/~~7V.1-'
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Laura Carstens
Planning Services Manager
LC/mkr
cc: Lawrence and Katherine Ludwig, 17277 Gardners Lane, Dubuque, Iowa 52001
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Service
People
Integrity
Responsibility
InnovJtion
TeJlllwork
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ORDINANCE NO.
Page 5
-99
ACCEPTANCE OF ORDINANCE NO. -99
We, Lawrence and Katherine Ludwig, property owners, and Edward D.
Tschiggfrie, contract buyer, having an option to purchase the subject property, having read the
terms and conditions of the foregoing Ordinance No. -99 and being familiar with the
conditions thereof, hereby accept the same and agree to the conditions required therein.
Dated this
day of
,1999.
By
. Lawrence Ludwig
By
Katherine Ludwig
By
Edward D. Tschiggfrie
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Planning Services Division
City Hall. L'th & Central Avenue
Dubuque. Iowa 51001
\.(19) 559--Ill0
TIiE CITY OF (~
DUBu~E
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PLANNING APPLICATION FORM
Zoning Board of Adjustment
Variance
Conditional Use Permit
Appeal
Special Exception
Limited Setback Waiver
Zoning Commission
_ ~zoning
~Ianned District
_ Preliminary Plat
_ Minor Final Plat
- Text/Plan Amendment
Development Services
_ Simple Site Plan
- Minor Site Plan
Major Site Plan
_ Major Final Plat
PLEASE TYPE OR PRINT LEGIBLY IN INK
Property OwnerCs): /-a.tvreA/Ce 1(. #pJ Ka. Tl/eJ--JA/e hd wit
Address: /7;<77 )laMJve,..; ,t~ City: Pttb '
Applicant/Agent: FdwQJ-d /J. "Ucf/i 66 ~n 'e.
Address: 1100 U4-L i,v OJ f)/, City: j}~'
Site Location/Address: /71/ / f?e i- L.1 fd t4/e J /
Telephone:
State: f /1 Zip:.,5- A.. Gt:) )
Telephone: d /'1 <icY 2f6t?
State: 5/1 Zip: -s-.z c;o..3
o r /~;.t;.< ;.d
tlisting Zoning: L- ou),/ 7Y d (;
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Legal Description Cmetes and bounds. or ot number/blOCk number/subdivision):
S, ~, or Z s, b-. J 0e <:. ~ 'JQWJNd,L//
t:l ;l, J='. or TJ-/e r#, fi1, IN j)u
Total Property (lot) Area (Sq. Feet or Acres): / r.? /leI") :!::.
Proposed Zoning:
PC/I)
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Describe proposal and reason necessary (attach letter of explanation if needed):
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Number of lots: ON e.,
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CERTIFICATION: I/we. the undersigned. do hereby certify that:
1) The information submitted herein is true and correct to the best of my/our knowledge and
upon submittal becomes a public record;
2) Fees are not refundable and payment does not guarantee approval; and
3) All addition?1 r quired written anq a hic mat rials are attached. _'
Property Owner(s
Applicant/Agent:
1-3 -99'
1/~/99
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FOR OFFICE USE ONLY - ~PLlCATION SUBMITT~L CHECKLIST
ae!z.=."., Received by: ~ ~ Date: ~'?' If'<? Docket:
~operty Ownership List: Sit Pion: Floor Plan: Plat:
Conceptual Development Plan: Improvement Pions: Other:
5ervlce
People
Integrity
Responsibility
Innovation
Teamwork
Peru Road north of
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Applicant: Ed Tschiggfrie
Location: Peru Road north of Terrace
Heights Mobile Home Park
Proposal: To rezone property from County
Agricultural to PUD Planned Unit
Development with a PR
Planned Residential zoning
designation, in conjunction with
annexation request to the City.
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PLANNED DISTRICT STAFF REPORT
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Zoning Agenda: 2/4/99
Project Name:
Emerald Acres No. 2
Property Address:
West of Peru Road and north of Kennedy Court
Property Owner:
Lawrence and Katherine Ludwig
Applicant:
Edward D. Tschiggfrie
Proposed Land Use: Residential
Proposed Zoning: PUD
Existing Land Use: Agricultural
Existing Zoning: A-1
Adjacent Land Use: N--Agricultural: W--Agricultural: S--Agricultural: E--Residential
Adjacent Zoning: N--A-1: E--AG: S--PR: W--R-1
Flood Plain:
No
Total Area: 20 acres
Water:
Available
Existing Street Access: Yes
Storm Sewer:
No
Sanitary Sewer: Available
Purpose: The applicant is requesting rezoning of approximately 20 acres from A-1
Agricultural to PUD Planned Unit Development with a PR Planned Residential
District designation. The rezoning request is being made in conjunction with
annexation of the property into the City of Dubuque.
Property History: The subject property has been used for agricultural purposes.
Physical Characteristics: The property drains to the southwest with the high point
of the property being near the northeast corner of the site.
Conformance with Comprehensive Plan: The 1995 Comprehensive Plan did not
include this area. The 1990 DMA TS Plan designated the area as Future Residential.
1965 Gruen Plan designated the area for Single-Family Residential.
Staff Analysis:
Streets: The proposed PUD includes both public and private streets. The
public streets are Tanzanite Drive and Tanzanite Circle. The private streets
which connect to Tanzanite Drive are from the Alpine Heights Mobile Home
Park, previously approved by the City Council on January 4, 1999. Tanzanite
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PLANNED DI~TRICT STAFF R.EPO~T
Page 2
Drive has 60-foot right-of-way and 31 feet of paving, while T anzanite Circle
has 50 feet of right-of-way and 31 feet of paving. Tanzanite Drive will
function as a collector street and no parking will be allowed.
Sidewalks: Sidewalks will be installed on all public streets as per the City of
Dubuque regulations. In addition, the private streets serving Alpine Heights
Mobile Home Park also will have sidewalks as required in the adopted PUD
ordinance for that development.
Parking: Off-street parking will be required as part of the development of each
of the lots within the PUD.
Lighting: Lighting for each parcel will be regulated by established City of
Dubuque regulations.
Signage: Signage for the proposed PUD will be the same as for the R-1 Single-
Family Residential District sign requirements contained in the Zoning Ordinance.
Bulk Regulations: The single-family portion of the development will be
regulated by the bulk standards listed in the R-1 Single-Family Residential
District. The multi-family portion of the development will follow the bulk
standards established in the R-3 Moderate Density Multi-Family Residential
District.
Permeable Area (%) & Location (Open Space): Both the single-family and the
multi-family lots are restricted to covering only 40 percent of a lot with the
structure.
Landscaping/Screening: Landscaping shall be limited to the screening
requirements of the site plan section of the Zoning Ordinance.
Phasing of development: None proposed.
Impact of Request on:
Utilities: Existing utilities can be extended to serve the development and are
adequate to accommodate the proposed development.
Traffic Patterns/Counts: The proposed development will have access to Peru
Road, which carries approximately 4,300 vehicle trips per day along this
stretch. The single-family portion of the development is comprised of 23 lots.
These lots will generate approximately 220 vehicle trips per day. The multi-
family portion of the development comprises an area of approximately 6.5
acres, which would allow for a maximum density of 88 units. Multiplying the
number of units by 6.28 trips per unit will generate approximately 552 ADT.
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PLANNED DISTRICT STAFF REPORT
Page 3
Public Services: Existing public services are adequate to serve the proposed
development.
Environment: No adverse impact to the environment is anticipated if adequate
erosion control measures are provided during all phases of construction and
appropriate storm water control is provided as part of this development.
Adjacent Properties: Staff anticipate that the most significant impact to the
adjacent properties will be the visual change created by the development on
what has been an agricultural field, and the increased number of vehicle trips
on Peru Road.
CIP Investments: None proposed.
Staff Analysis: The applicant is requesting rezoning of the subject parcel to PUD
Planned Unit Development with a PR Planned Residential District designation. The
subject property currently is in Dubuque County. The applicant is requesting
rezoning in conjunction with their annexation request to the City of Dubuque.
The City recently has modified its policy of annexation to allow the property owner
to seek annexation and rezoning at the same time. The joint processing of the
rezoning and annexation applications allows the applicant to know whether he has
approval to rezone prior to annexation into the City of Dubuque. The Zoning
Advisory Commission is only required to review the rezoning request. The City
Council will review the annexation request. The City Council will set a public
hearing on the annexation request to coincide with receiving the Zoning Advisory
Commission's recommendation on the proposed rezoning.
The proposed Planned Unit Development District is a combination of single, multi-
family residential dwellings and includes a small portion of what will be Alpine
Heights Mobile Home Park. The property is served by a new public street that will
provide 60 feet of right-of-way with 31 feet of paving. Parking will be restricted to
one side only. The public street will be constructed to collector street standards in
terms of paving depth and base. The street can be widened at a future date to
accommodate additional traffic volumes. The proposed development also contains
a residential public street with 31 feet of paving and a 50-foot right-of-way. There
will be four connections made from the Alpine Heights Mobile Home Park on private
drives with the proposed collector public street. The submitted conceptual plan
also indicates that a public street will be stubbed out to the north to provide an
access to the adjacent property owned by Ronald and Joanne Ludwig. The
Ludwigs also have requested annexation and rezoning of their property.
The Planned Unit Development is comprised of three principle land uses: single-
family, multi-family and mobile homes. Lots 1 through 23 are designated for
development as single-family homes. Lots 24 and 25 are designated for multi-
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PLANNED DISTRICT STAFF REPOR,
Page 4
family residences and a small portion on the south side of the proposed Tanzanite
Drive public street will be part of the Alpine Heights Mobile Park.
Development regulations for the single-family lots will be governed by the R-1
Single-Family Residential District standards contained within the City's Zoning
Ordinance. The multi-family portion of the development will be regulated by the R-
3 Moderate Density Multi-Family Residential District standards within the Zoning
Ordinance and the mobile home portion of the development will be governed by the
regulations adopted in the PUD ordinance for Alpine Heights Mobile Home Park.
Access to the proposed PUD will be by way of the new public street, Tanzanite
Drive, which connects to Peru Road. This will be the only access until the second
access for Alpine Heights Mobile Home Park is constructed. Tanzanite Drive also
will provide access to the first 11 5 dwellings of Alpine Heights Mobile Home Park.
When combined with the proposed single-family lots of Emerald Acres No.1 and 2,
there is the potential for 159 dwelling units served by Tanzanite Drive. In addition,
any multi-family residential units built on Lot 24 and Lot 25 will raise this figure.
Based on the Institute of Traffic Engineers (ITE) trip generation rates approximate
972 Average Vehicle Trips (AVT) will be generated per day from the
aforementioned 1 59 dwelling units. If the multi-family area is fully developed at its
maximum density, a total of 88 units could be constructed. Multiplying this figure
by the ITE rate of 6.28 yields an estimate of 552 A VT. Adding this to the 972
A VT for the 11 5 mobile home units and 44 single-family lots results in a total
estimate of 1,524 A VT utilizing Tanzanite Drive. This volume of traffic is
acceptable for a collector street.
At staff's request, the applicant is showing a public street stubbed into the
adjacent property owned by Ronald and Joanne Ludwig. Development of this
parcel would be dependent on gaining access from this stub street. City staff
requested a second stub street from Tanzanite Circle to Ronald and Joanne
Ludwig's property; however, the applicant does not feel that it is necessary based
on the terrain of the adjacent property, which would limit the development potential
of the parcel. The applicant believes that the adjacent 20-acre parcel can be
adequately served with one access.
The conceptual plan also shows Tanzanite Drive extending to the west property line
of the subject property. City staff requested this stub street to provide for future
extension of this collector street if the property to the west develops.
Staff recommend that the Zoning Advisory Commission the standards for approving
a Planned District contained in Section 3-5.5 of the Zoning Ordinance.
Prepared by: Y I' l'
Reviewed: ,b,MI-
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Date: /- ze -""
CITY OF DUBUQUE
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FEB 04 1999
February 4, 1999
City Zoning Office
Mr. Kyle Kritz
Dear Mr. Kritz,
As adjacent property owners to the twenty acre proposed development and
rezoning request of Mr. Ed Tschiggfrie, we respectfully request that this
item be tabled at tonight's (February 4) meeting, due to the fact that we did
not receive any advance mail notification.
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Thank you,
Harry J. Althaus (out of town)
Mary E. Althaus
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To: Dubuque Zoning Advisory Commission
Ref: Ronald and Jo Ann Ludwig proposal to rezone to City R-1 from County
Agricultural (and Annex. request)
From: Harry and Mary Althaus
Date: January 31, 1999
My wife and I reside at 17104 Gardner's Lane and own 23 acres, part of which are
adjacent to the Ludwig property.
Most, if not all, of the Ludwig's approximate 20 acres drains through our
property and along a drainage ditch which passes about 40-50 ft. from our residence.
After speaking with Mr. Ronald Ludwig about his proposal, we realize there is not
a comprehensive development plan at this time. However, we feel it is reasonable to
assume development of single family homes will follow annexation and rezoning.
We do not have any objection to development of this property into single family
homes if the drainage issue is addressed.
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With the recent annexation and Planned Unit Development of 126 acres for
Frommelt/Tschiggfrie, and the upcoming request from Mr. Tschiggfrie for a proposed
development of 20 acres of multiple family and single family housing, both of which are
also adjacent to our property and drain through our property, we feel the drainage issue
must be addressed.
If all of these requests are granted and the property developed, the increased
water flow across our property will be very substantial.
We strongly feel the time to address the drainage issue is NOW- NOT in
litigation after our property has been devalued due to damage from excess drainage.
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Of our 23 total acres, approximately 17 acres have solid potential for future
development. That potential would be greatly diminished by the increased runoff
associated with the streets, driveways, sidewalks, and storm sewers of these proposed
developments. It is our understanding that both of Mr. Tschiggfrie's proposed
developments have storm sewers that will drain into retention basins that drain directly
across our property to the open ditch along Gardner's Lane. The drainage ditch closest to
our home currently runs near capacity a few times a year and we have spent countless
hours maintaining it to keep vegetation in it to discourage constant erosion. The release
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of the water from the retention basins will be over a longer period of time as we
understand it because the DNR laws state that the "rate of flow" may not be increased
across adjoining land owned by another. As a resultpur drainage areas will be turned into
wetlands due to the increased amount of drainage and the longer time span for that
drainage.
For all of these reasons we feel that the time to address these drainage problems is
NOW.
Sincerely,
/faro/f/f1m0
Harry Althaus
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Mary Althaus
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Planning Services Department
50 West 13th Street
Dubuque, Iowa 52001-4864
DUB~
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February 10, 1999
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque, IA 52001
RE: Rezoning - County A-1 Agricultural District to City PUD Planned Unit
Development District with a PR Planned Residential District Designation and
adopting a conceptual Development Plan for Emerald Acres No.2
Ed Tschiggfrie
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
Rod Tschiggfrie spoke for the applicant, Ed Tschiggfrie, in favor of the request. Several
neighbors spoke in opposition to the request. The consensus of the neighbors was that
Peru Road, particularly that portion north of the proposed access of Tanzanite Drive and
Peru Road, is a substandard street, cannot handle the additional traffic, and is unsafe due
to the speed and the hill near this intersection. They also were concerned with the density
of the development due to the inclusion of multi-family units, storm water runoff, parking
and street widths.
Staff explained that this rezoning request is concurrent with annexation. Staff reviewed the
conceptual plan, noting that the plan also serves as a preliminary plat. Staff discussed lot
layout, proposed uses, street layout and width, and storm water detention facilities.
The Zoning Advisory Commission reviewed the conceptual plan, discussing in detail the
access, street width and design, proposed street parking, projected traffic volumes and
number of units for this development. The Commission discussed that although the R-3
type development generates more traffic, its purpose is to act as a buffer from the single
family homes and the trailer park. They also discussed storm water detention facilities.
Service
People
Integrity
Responsibility
Innovation
Tei1JllWOrk
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Memo to the Honorable Mayor and City Council
February 9, 1999
Page 2
Recommendation
By a vote of 6 to 0, with 1 abstention, the Zoning Advisory Commission recommends that
the City Council approve the rezoning request with the condition that Tanzanite Drive be
constructed to a width of 37 feet.
A simple majority vote is needed for the City Council to approve the request.
Respectfully submitted,
~ S~/~
Jeff Stiles, Chairperson
City Zoning Advisory Commission
Attachments
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CITY OF DUBUQUE, IOWA
OFFICIAL NOTICE
Notice is hereby given that the Dubuque City Council will conduct a public hearing on
Monday, March 1, 1999 at a meeting to commence at 7:00 p.m. in the Public Library
Auditorium for the purpose to consider an Ordinance amending the Zoning Map by
reclassifying property located West of Peru Road and North of Kennedy Court from
Dubuque County A-1 Agricultural District to City of Dubuque PUD Planned Unit
Development District with a PR Planned Residential District designation and adopting a
Conceptual Development Plan with Conditions, for Emerald Acres No.2., concurrent
with annexation. (Copy of supporting documents are on file in the City Clerk's Office
and may be viewed during normal working hours)
Written comments regarding above reclassification may be submitted to the City Clerk
on or before time of public hearing.
At said time and place of public hearing, all interested citizens and parties will be given
an opportunity to be heard for or against said reclassification.
.
Any visual or hearing impaired persons needing special assistance or persons with
special accessibility needs should contact the City Clerk's Office at (319) 589-4120 or
TOO (319) 589-4193 in the Human Rights Department at least 48 hours prior to the
meeting.
Published by order of the City Council given on the 15th day of February, 1999.
Mary A. Davis CMC
City Clerk
It 2/19
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CITY OF DUBUQUE, IOWA
OFFICIAL NOTICE
Notice is hereby given that the Dubuque City Council will conduct a public hearing on
Monday, March 1, 1999 at a meeting to commence at 7:00 p.m. in the Public Library
Auditorium for the purpose to consider an Ordinance amending the Zoning Map by
reclassifying property located WE)St of Peru Road and North of Kenn$dy COUR from
Dubuque County A-1 Agricultural District to City of Dubuque PUD Planned Unit
Development District with a PR Planned Residential District designation and adopting a
Conceptual Development Plan with Conditions, for Emerald Acres No.2., concurrent
with annexation. (Copy of supporting documents are on file in the City Clerk's Office
and may be viewed during normal working hours)
Written comments regarding above reclassification may be submitted to the City Clerk
on or before time of public hearing.
At said time and place of public hearing, all interested citizens and parties will be given
an opportunity to be heard for or against said reclassification.
Any visual or hearing impaired persons needing special assistance or persons with
special accessibility needs should contact the City Clerk's Office at (319) 589-4120 or
TDD (319) 589-4193 in the Human Rights Department at least 48 hours prior to the
meeting.
Published by order of the City Council given on the 15th day of February, 1999.
Mary A. Davis CMC
City Clerk
It 2/19
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FEB-15-99 MON 02:28 PM TELEGRAPH HERALD
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39 MAR 22 Ali 10: 3!4
(,' (d"{ : >;. ~l~. .t,h~.~~ i'j
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Prepared by: Laura Carstens. City Planner Address: City Hall. 50 W. 13th Street Telephone: 589-4210
ORDINANCE NO. 10 -99
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE
CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED WEST OF PERU ROAD AND NORTH OF
KENNEDY COURT FROM DUBUQUE COUNTY A-1 AGRICULTURAL DISTRICT TO
CITY OF DUBUQUE PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PR
PLANNED RESIDENTIAL DISTRICT DESIGNATION AND ADOPTING A
CONCEPTUAL DEVELOPMENT PLAN WITH CONDITIONS, FOR EMERALD ACRES
NO.2., CONCURRENT WITH ANNEXATION.
Whereas, Lawrence and Katherine Ludwig, property owners, and Edward D.
Tschiggfrie, contract buyer, have requested rezoning concurrent with annexation to the City of
Dubuque, in accordance with Section 2-3 of Appendix A (the Zoning Ordinance) of the City of
Dubuque Code of Ordinances; and
.
Whereas, the request has been found to be consistent with the Comprehensive Plan
and the Future Land Use Map of the Comprehensive Plan.
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 reclassifying the hereinafter described property from
Dubuque County A-1 Agricultural District to City of Dubuque PUD Planned Unit Development
District with a Planned Residential designation and adopting a conceptual development plan, a
copy of which is attached to and made a part hereof, for Emerald Acres NO.2 as stated below,
to wit:
Lot 2 of Lot 1 of SE 1/4 of the SE 1/4 Sec. 2 T89N, R2E and to the center line of the
adjoining public right-of-way, all in the City of Dubuque, Iowa.
Section 2. Pursuant to Iowa Code Section 414.5 (1993), and as an express condition
of the reclassification, the undersigned property owners agrees to the following conditions, all
of which the property owners further agrees are reasonable and imposed to satisfy the public
needs that are caused directly by the zoning reclassification:
.
A. Use Reaulations.
.. .
"
.
ORDINANCE NO. 10 -99
Page 2
The following regulations shall apply to all uses made of land in the above
described PUD District:
1) Principal permitted uses for Lots 1 through 23 shall be limited to:
a) Single-family detached dwellings--[11].
2) Principal permitted uses for Lots 24 and 25 shall be limited to:
a) Single-family detached dwellings--[11].
b) Two-family dwelling (duplex)--[11].
c) Multi-family dwelling (maximum six (6) dwelling units)--[9].
d) Townhouses (maximum six (6) dwelling units)--[11].
3) Accessory uses shall include any use customarily incidental and subordinate
to the principal use it serves.
[ ] Parking group--see Section 4-2 of the Zoning Ordinance.
B. Lot and Bulk Reaulations.
Development of land in the PUD District shall be regulated as follows:
.
1) Lots for single-family dwellings shall meet bulk regulations set forth in the
Zoning Ordinance for the R-1 Single-Family Residential District.
2) All multi-family residential structures in the Planned Residential development
shall meet bulk regulations set forth in the Zoning Ordinance for the R-3
Moderate Density Multi-Family Residential District.
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) Proposed public streets in the Planned Residential development shall be
designed and built to City Engineering specifications.
2) Tanzanite Drive shall be constructed to a width of 37 feet.
3) Erosion control devices shall be provided during all phases of construction of
the Planned Residential development.
.
4) Parking requirements for allowed uses shall be as per the parking group for
the designated use, in accordance with Section 4-2 of the Zoning Ordinance.
.
ORDINANCE NO. 10 -99
Page 3
5) Sidewalks shall be provided adjoining all public streets.
6) Storm water control facilities will be installed as per City Engineering
requirements.
7) 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:
1) Those areas not designated on the conceptual plan for development shall be
maintained as open space, as defined by Section 8 of the Zoning Ordinance,
by the property owner and/or association.
E. SiQn ReQulations.
Signs in the PUD District shall be regulated as follows:
1) Signs shall be allowed in the Planned Residential development in accordance
. with the R-1 sign regulations of the Zoning Ordinance.
F. Additional Standards.
1) That the attached conceptual development plan shall constitute a preliminary
subdivision plat, in accordance with Chapter 42, Subdivision Regulations, of
the City of Dubuque Code of Ordinances.
2) That the property between the south right-of-way line of Tanzanite Drive and
the south property line of Lot 2 of Lot 1 of SE 1/4 of SE 1/4, Sec. 2 must
comply with the regulations adopted for Alpine Heights Mobile Home Park
Ordinance No. 72-98.
G. 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.
H. Reclassification of Subiect Property.
The City of Dubuque, Iowa, may initiate zoning reclassification proceedings to the
AG Agricultural District in accordance with Section 6 of the Zoning Ordinance if the
property owners fail to complete or maintain any of the conditions of this ordinance.
.
.~
.
.
.
ORDINANCE NO. 10 -99
Page 4
I. 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.
J. Recordina.
A copy of this ordinance shall be recorded at the expense of the property owners
with the Dubuque County Recorder as a permanent record of the conditions
accepted as part of this reclassification approval within ten (10) days after the
adoption of this ordinance. This ordinance shall be binding upon the undersigned
and his/her heirs, successors and assigns.
Section 3. The foregoing amendment has heretofore been reviewed by the Zoning
Commission of the City of Dubuque, Iowa.
Section 4. The foregoing amendment shall take effect upon publication, as provided by
law, and at such time that the herein described property is legally annexed into the City of
Dubuque, Iowa.
Passed, approved and adopted this 1st day of March
,1999.
ATTEST:
PL \COU NCI L \ORD\emerald. pud
.
ORDINANCE NO. 10 -99
Page 5
ACCEPTANCE OF ORDINANCE NO. 10 -99
We, Lawrence and Katherine Ludwig, property owners, having read the terms
and conditions of the foregoing Ordinance No. 10 -99 and being familiar with the conditions
thereof, hereby accept the same and agree to the conditions required therein.
Dated this 026' day of ~, 1999.
By
.
BY<~lfrlki')<iI V~ju~
Katherine Ludwl
.
. . .
.
.
.
CERTIFICATE OF CITY CLERK
STATE OF IOWA )
)
COUNTY OF DUBUQUE )
I, Mary A. Davis, do hereby certify that I am the duly appointed, qualified, and
acting Clerk of the City of Dubuque, Iowa in the County aforesaid, and as such
Clerk I have in my possession or have access to the records of the proceedings of
the City Council. I do further state that the hereto attached Ordinance No. 10-
~ is a correct copy of the original Ordinance No. 10-99 approved and
adopted by the City Council of the City of Dubuque, Iowa, at a session held by
said Council on the 1 st day of March, 1999.
In Testimony Whereof, I hereunto set my hand and official seal of the City of
Dubuque, Iowa.
Dated at Dubuque, Iowa this 22nd day of March, 1999.
~d J-~
Mary . Davis ~MC
City Clerk for City of Dubuque, Iowa
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