Assessment of Significant Change - Loras Estates Subdivision
Planning Services Department
50 West 13th Street
Dubuque, Iowa 52001-4864
(319) 589-4210
(319) 589-4149 FAX
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December 7, 1999
The Honorable Mayor and City Council Members,
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque, IA 52001
RE: Assessment of Sign~ficant Change
Applicant: Ron Smith
Location: Roosevelt Road and Justin Lane (Loras Estates Subdivision)
Description: Request Commission to review the platting of two additional lots.
Dear Mayor and City Council Members:
The Zoning Advisory Commission has reviewed the above-cited request. The
memorandum and related materials are attached for your information.
Discussion
The applicant spoke in favor of the request, noting that after clearing the land and installing
utilities, two additional building lots were found to be feasible. Staff reviewed that if 17 lots
rather than 15 lots were proposed back in 1992, it would have made no difference in the
deliberations of the Zoning Advisory Commission.
The Zoning Advisory Commission discussed the request noting that two additional lots
would not adversely impact adjacent property and is not a significant change from the
adopted conceptual plan.
Recommendation
By a vote of 6 to 0, the Zoning Advisory Commission determined that the platting of two
additional lots in Loras Estates Subdivision is not a significant change.
No City Council action is necessary. This item is being provided for information only.
Respectfully submitted,
ft~ 3~z-/~
Richard Schiltz, Chairperson
Zoning Advisory Commission
Attachments
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Service
People
Integrity
Responsibility
Innovation
Teamwork
RON SMITH & SONS CONSTRUCTION, LTD.
491 BURCH ST.
DUBUQUE IA 52001
PH.583-5152
November 19,1999
Kyle Kritz
Associate Planner.
Planning Services Department
City Hall
Dubuque Iowa 52001
Dear Kyle,
As per our discussion in regard to Loras Estates, now that the improvements are close to
being finished it is evident that there is an area across from lot 13that would be conducive
to an additional lot. I would like to know if the plat can be amended to add a lot at this
location?
The two existing homes along Justins Lane are now on septic systems. Ron and Pat Smyth
are going to build a new home on an acreage behind one of these homes. The Engineering
Department has indicated that they would like to see the two septic systems eliminated
and would help with the cost of a sewer for this purpose. With the addition of that sewer
it opens an area that would also accept an additional lot. To help defray some of the cost
of the sewer I would like to amend the plat to add a lot at this location.
u.e1Y
~
Ron Smith
CITY OF DUBUQUE, IOWA
MEMORANDUM
November 23, 1999
TO:
Zoning Advisory Commission
Kyle L. Kritz, Associate Planner 1'.1. "K.
FROM:
SUBJECT:
Determination of Significant Change for Loras Estates Subdivision
INTRODUCTION
The City Council approved in July, 1992, a PUD Planned Unit Development for the
Loras Estates Subdivision that allowed 15 single-family homes to be served by a private
street. The applicant, Ron Smith, is asking the Zoning Advisory Commission to review
the proposal to allow two additional single-family lots and determine whether it is a
significant change to the adopted PUD ordinance.
DISCUSSION
Loras Estates Subdivision provides for the development of 15 single-family lots
arranged along a 24-foot wide private street to be called Justin Lane. The developer,
Ron Smith, has currently begun work to complete the subdivision of property. The PUD
ordinance approving Loras Estates (attached) specifically limited the development to 15
single-family lots. The developer believes it is possible to subdivide two additional lots
that he did not anticipate when making the initial application.
Staff believes that if the applicant had proposed 17 lots in 1992, that it would not have
made any difference in the deliberations of either the Zoning Advisory Commission or
the City Council.
RECOMMENDATION
Staff recommends that the Zoning Advisory Commission review the proposed changes
and decide whether the addition of two additional single-family lots constitutes a
significant change from the adopted PUD ordinance for Loras Estates Subdivision.
KKlmkr
Attachments
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ORDINANCE NO. i:?L, -92
AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING THAT
THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE
AMENDED BY REVISING APPENDIX A THEREOF, ALSO KNOWN AS
THE ZONING ORDINANCE OF THE CITY OF DUBUQUE, IOWA, BY
REZONING FROM R-l SINGLE-FAMILY RESIDENTIAL DISTRICT TO
PR PLANNED RESIDENTIAL DISTRICT AND TO ADOPT A
CONCEPTUAL DEVELOPMENT PLAN FOR PROPERTY LOCATED SOUTH
OF ROOSEVELT AND KNOWN AS LOT 1 OF LOT 1 AND LOT 2, BOTH
OF LORAS PLACE, IN THE CITY OF DUBUQUE, IOWA.
Whereas, Ron and Jan Smith, property owners, have filed an
appl ication for zoning reclassification and conceptual development plan approval
for hereinafter described property in accordance with the provisions of the PR
Planned Residential District regulations as set forth in Section 3-1.6(0) of the
Code of Ordinances, Appendix A thereof, of the City of Dubuque, Iowa; and
Whereas, the Zoning Commission has held a public hearing on said
zoning reclassification and conceptual development plan pursuant to required
published notice; and
Whereas, the Zoning Commission has approved said zoning
reclassification and conceptual development plan subject to specific conditions
and restrictions having found that said plan conforms with the review standards
appl icable to such plans as set forth in Section 3-1.6(0) of the Code of
Ordinances, Appendix A thereof, of the City of Dubuque, Iowa.
Whereas, the Zon i ng Com i ss i on has recolll11ended the concurrence of the
City Council in approval of said zoning reclassification and conceptual
development plan;
Whereas, the City Council has received the recommendation of the
Zoning Commission and held its own public hearing on said zoning reclassification
and conceptual development plan pursuant to required published notice.
Whereas, the City Council has approved said conceptual development
plan subject to the same specific conditions and restrictions.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Code of Ordinances of the City of Dubuque, Iowa,
be amended by revising Appendix A thereof, also known as the Zoning Ordinance of
the City of Dubuque, Iowa, by reclassifying from R-l Single Family Residential
District to PR Planned Residential District, the following property, to wit:
Lot 1 of Lot 1 and Lot 2, both of Loras Place and to the center line
of the adjoining public right-of-way in the City of Dubuque, Iowa.
Section 2. That in order to accompl ish the purposes of the PR
Planned Residential District of the Zoning Ordinance of the City of Dubuque,
Iowa, a conceptual development plan for a copy which is attached hereto and made
/..
Ordinance No.
Page 2
-92
a part hereof, is hereby adopted and approved for the following described
property subject to the following conditions and restrictions:
A. Use Regulations.
The following regulations shall apply to all uses made of land
in the following described PR Planned Residential District.
1) Principal permitted uses shall be 1 imited shall be limited
to fifteen (15) single-family residential structures;
2) No secondary or contingency uses shall be permitted;
3) Accessory uses shall include any use customarily
incidental and insubordinate to the principal use it
serves.
B. Lot and Bulk Regulations.
Development of land in this PR Planned Residential District
shall be regulated as follows:
1) All buildings, structures and activities shall be located
in substantial conformance with the attached conceptual
development plan and all final site development plans are
to be approved in accordance with the provision of the PR
Planned Residential District regulations;
2) All buildings and structures shall provide a minimum front
yard setback of 20 feet from the front property line. No
maximum front yard setback is established. All buildings
and structures shall be a minimum 6 feet from the side
property 1 ine and have a maximum building height of 30
feet.
3) A hard surfaced driveway will be constructed for each
structure;
4) The minimum lot frontage shall be 30 feet;
5) Each dwelling unit shall provide a minimum of 2 off-street
parking spaces.
C. Performance Standards.
The development and ma i ntenance of uses in th i s PR Pl anned
Residential District shall be established in conformance with
the following standards, as well as with the regul at ions of
Section 3-1.6 of the PR Planned Residential District:
1) A private hard surfaced street shall be constructed which
meets City Engineering specifications;
2) Two (2) silt fences shall be provided during the
construction phases.
3) All residential structures shall install a sprinkler
system for the home;
,/
Ordinance No.
Page 3
-92
Sidewalks shall be provided adjoining the street;
4)
5)
6)
No blasting shall occur on the site;
A final site development plan shall be submitted in
accordance with Section 4-4 of the Zoning Ordinance of the
City of Dubuque, Iowa prior to construction;
D. Open Soace Areas.
Those areas designated as common area on the conceptual
development shall be maintained as open space, in perpetuity,
as defined by Section 8 of the Zoning Ordinance of the City of
Dubuque, Iowa.
F. Additional Standards.
A conceptual development plan shall be valid for a period of 5
years provided a final site development plan is submitted
within one year from the date of approval.
G. Transfer of OWnership.
Transfer of ownership or lease of property in this PR Planned
Residential District shall include in the transfer or lease
agreement a provision that the purchaser or leasee acknowledges
awareness of the conditions authorizing the establishment of
this district.
Passed, approved and adopted th i s
day of
, 1992.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
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