Zoning 600 Mazzuchelli Royal Oaks withdraw
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City of Dubuque
Planning Services Department
50 West 13th Street
Dubuque, IA 52001-4864
crrv OF DUBUQUE
PLANNING SERVICES DEPARTMENT
AITN: Mr. Kyle L. Kritz
Re: Royal Oaks Development Application re River Pointe
Dear Kyle:
Please be advised that Royal Oaks Development Corporation hereby
withdraws its application for re-zoning in the above matter.
In the near future, we will be submitting a revised application for submission
to the Dubuque Zoning Advisory Commission.
Very truly yours,
ROYAL OAKS DEVELOPMENT
CORPORATION
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BY:! (L~4.
A. . 'sJio:t!Sident
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P.O. BOX 50 . PEOSTA. IA 52068 .563.556.1415
October 7,22005
To: Members of the City Council, all Visionaries, and Interested! Concerned Parties
Re: The Spiegel Condo plan on Kelly bluff
From:: Sister Margaret Ann Willging
There is no harm, and perhaps much value in being open minded in listening to PRO and
CON opinions before taking decisive and responsible action. This writer is interested in
weighing all opinions. I feel confident that you are so interested, also. Please give some
time and thought to the following suggestions for consideration of a compromised plan:
+ Begin SMALL.
+ Progress SLOWLY. "Haste makes waste!"
+ Keeping the "pristine" character... "describing the panoramic views and wildlife
of the river bluff areas" (Anne O'Shea, TH 10-0205) might be achieved by the creation of
a city park using a sizable amount of acreage overlooking the beautiful Miss. .Such a
park on Dubuque's south side would probably attract many tourists (-in the thousands!)
as well as residents of Dubuqueland. Trolley service availability would somewhat reduce
congestive transportation. Limiting the number of bluff resident units would provide
these residents with a "park in their own front yard." Having lived three blocks from the
beautiful Rhine river in Germany for a number of years, I am "in sync" with Mr. Mason's
statement: (" this .Mississippi river is what people come from allover the world to see."
(TH, 10-02-05)
+ I am in agreement with Mr. Dickinson who "believes in the right of private
developers like Mr. Spiegel". I'm not so certain, however "believing that the "argument
over bluff development, or preserving the status quo, is moot." Are there no legal
restrictions in regard to how much BLUFF LAND is purchasable? Is this bluff land
owned by the city?
+ In larger cities having several or more than one building, and not having
beautiful bluffs and hills, the skyline contributed to these high-rise structures is a defining
factor of the city, but, why don't we allow the bluffs themselves be an identifying and
"bold vision" of Dubuque?
Respectfully,
~ V0z7~IlYL~ /dhr7
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Page 1 of 1
Jeanne Schneider
From: Dennis [dgrant@mchsLcom]
Sent: Tuesday, October 11, 2005 9:07 PM
To: amichalski@cityofdubuque.org; rbuoI1@mchsLcom; dnicholson@cityofdubuque.org;
jmarkham@cornerenergy.com; jconnors63@mchsi.com; pcline@cityofdubuque.org;
jschneid@cityofdubuque.org; ctymgr@cityofdubuque.org
Subject: RIVER POINTE
Dear Dubuque city council members,
I am writing in regards to the proposed change of zoning for the River Pointe PUD, which will come before the
council on October 17th.
I would like to start by saying why I am in full support of the project. I think the complex will bring
unprecedented economic opportunities to the area. The $150 million price tag will surely create a great deal of
business for local contractors, plumbers, electricians, and the like. The project is also a boon for the city. The
property taxes on such a complex would be immense, funneling MILLIONS into the city's budget; supporting
roads, police, and parks with minimal city expenditure.
The city should also be considering the motives of the project's opponents. Some people will be opposed to
ANYTHING that is proposed by A.J. Speigel. Certain members of this community feel as though he is an 'outsider'
and that we should be afraid of him. To the contrary, Spiegel is a man of great ideas, and great character. You
only need to look at the great success of Peosta to know what he is all about: community, prosperity, and growth.
Lastly, I think the project is symbolic for Dubuque. The project will make a bold statement to everyone, that the
city has pulled itself out of the economic despair of the '90s, and has arrived as a major player in the
Iowa/Midwestern economy.
I would urge you, as a council, to look at the bigger picture when considering the zoning change. We need to
encourage economic development, such as this, and construction in the city's center, to boost the tax base. If this
is turned down, the $150 million investment will surely be lost to a more welComing community.
Please give Dubuque's future a boost, and allow the construction of River Pointe.
Thank you for your consideration,
-Dan Grant
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10/12/2005
Planning Services Department
City Hall
50 West 13th Street
Dubuque, Iowa 52001-4864
(563) 589-4210 office
(563) 589-4221 fax
(563) 690-6678 IDD
planning@cityofdubuque.org
www.cityofdubuque.org
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October 10,2005
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque IA 52001
RE: Rezoning
Applicant: A.J. Spiegel, Stott & Associates/Royal Oaks Development
Location: 600 Mazzuchelli Place
Description: To rezone property from R-2 Two-Family Residential District to PUD
Planned Unit Development with a PR Planned Residential 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 and his architect spoke in favor of the request, reviewing the scope of
the project, the positive impact to the local economy and the ability of City utilities and
streets to serve the project.
Staff reviewed the process required by the Zoning Ordinance for notification of
Commission meetings, procedures for PUD approval, existing traffic volumes and
accident history for area streets. Staff reviewed how vehicle trips were estimated for
the project, the City's policy of requiring additional accesses for large projects and the
Fire Department's approval of a single access.
There were many public comments concerning the proposed project. Speakers in
support of the project cited the positive impact to the local economy, the positive
addition of upscale housing near downtown, the creation of jobs and tax revenue, and
that the project represents an infill project rather than urban sprawl.
Speakers in opposition to the request stated the scale of the project was out of
balance with the immediate area, and would detract from the existing beauty of the
bluffs and skyline of Dubuque. Speakers in opposition also stated the scale of the
project could not be supported by the existing street system and would adversely
impact use and enjoyment of surrounding property.
Service
People
Integrity
Responsibility
Innovation
Teamwork
600 Mazzuchelli Place
October 10,2005
Page 2
The Zoning Advisory Commission discussed the request, reviewing the scale of the
project, traffic impact on the street system, single access to the project and impacts to
surrounding property.
Written opposition constitutes 18% of the property within 200 feet of the subject
property.
Recommendation
By a vote of 3 to 2, the Zoning Advisory Commission recommends that the City
Council deny the request due to a lack of four (4) affirmative votes necessary for
approval.
A simple majority vote is needed for the City Council to cqncur with the
recommendation to deny the request. A super majority vote is needed for the City
Council to approve the request.
Respectfully submitted,
~ ~1'Hc!-
Jeff Stiles, Chairperson
Zoning Advisory Commission
Attachments
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Oty of Dubuque
Planning Services Department
Dubuque, LA 52001-4864
Phone: 563-589-4210
Fax: 563-589-4221
PLANNING APPLICATION FORM
o Variance
DConditional Use Permit
DAppeal
o Special Exception
DUmited Setback Waiver
o Rezoning
EPlanned District
DPreliminary Plat
DMinor Final Plat
DText Amendment
DSimple Site Plan
DMinor Site Plan
o Major Site Plan
o Major Final Plat
DSimple Subdivision
DAnnexation
DTemporary Use Permit
DCertificate of Economic Non-Viability
DCertificate of Appropriateness
DOther:
Please tvoe or Drint leaiblv in ink
Property owner(s): R.o7Ctl Oa/c.s Deue/Of~ -r Phone: 5'5(" -It.! I:J
Address: <6G:,50 f;,.f€.rfn~ ~ Oty: Pebsk Stater~ Zip: S;lO ~8
Fax Number: 5"3-55(, -595(.( Mobile/Cellular Num~r: 5"'3-..2'3-99~;l
Applicant/Agent: 510ft./- IJssocJc.:.f-es /1l:J,. 5pl~e~{ Phone: 5{5-.;,l3 :2-8'('17
Address: /4;), / 50 t.i-+h &iJ fJv-e- SW(ielg~: JCl me .5 State:~ Zip: 50010
Fax Number: 5/5- ;1..32- Cf 5;;1.. ( Mobile/Cellular Number: 5" /5- ;13 J - 3 '-173
Site location/address: &> 0 to met Z Z L.c.. C h e Ill' Dr.
Existing zoning: f(-:2 Proposed zoning: Ptl D Historic District: Landmark:
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Property Owner(s):
Applicant/Agent:
Date: r---- d 9 - () S
Date: fc 0/ 1- OS
FOR OFFICE USE ONLY - APPUCA N SUBMITTAL CHECKUST
Fee: 4/./~.oo Received by:
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OSite/sketch plan 0 Conceptual Devel ent Plan
OImprovement plans ODesign review project description
Date: 8-;t:t.oS Docket:
o Photo OPlat
OFloor plan o Other:
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PLANNED DISTRICT STAFF REPORT
Zoning Agenda: October 5, 2005
Project Name: River Pointe
Property Address: 600 Mazzuchelli Place
Property Owner: Royal Oaks Development
Applicant: Stout & Associates/A.J. Spiegel
Proposed Land Use: Residential/office
Proposed Zoning: PUD
Existing Land Use: Vacant
Existing Zoning: R-2
Adjacent Land Use: North - Residential
East - Residential
South - U.S. Highway 20
West - Medical services
Adjacent Zoning: North - PR
East - R-3
South - OS
West - ID/R-2
Flood Plain: N/A
Total Area: 14.88 acres
Water: Yes
Existing Street Access: Yes
Storm Sewer: No
Sanitary Sewer: Yes
Previous Planned District: None.
Purpose: The requested rezoning to PUD Planned Unit Development with a Planned
Residential/Planned Office designation is to facilitate the construction of the River
Pointe development, a residential condominium and office development.
Property History: The property was the site of St. Dominic Villa until approximately
2003. The existing structures on this site have been removed by the current property
owner and the site has been graded and seeded.
Physical Characteristics: Access to the site can be obtained by either MazzucheJli Place
or Cardiff Street. The site encompasses approximately 14.5 acres on what is locally
known as Kelly's Bluff. Approximately half the site is relatively flat while the remainder
is steep wooded slopes that abut property fronting on St. Mary's Street, U.S. Highway
20 and Kelly's Bluff.
Conformance with Comprehensive Plan: This project involves the Comprehensive
Plan Land Use Element: Goals 1.1,1.2,4.5,5.1,5.4,6.1,6.3,7.1,7.2,7.3,9.1,9.2,
9.3, and 10.1.
Planned District Staff Report - River Pointe Development
Page 2
Staff Analysis:
Streets: No new public streets are proposed as part of this development. The
proposed PUD will be served by a looped private drive that will be privately
maintained. Access to this site is from a single point accessed by either
Mazzuchelli Place or Cardiff Street.
Sidewalks: The proposed development includes walking paths that provide
pedestrian circulation throughout the development.
Parking: Off-street parking is being provided for the proposed condominium
buildings, office building and potential assisted living building. The parking
requirements in the draft PUD Ordinance meet or exceed the City Zoning
Ordinance requirements.
Lighting: New outdoor lighting will need to be carefully designed to not adversely
impact adjacent property. The draft PUD Ordinance requires all outdoor lighting to
utilize 72-degree cut-off light fixtures for both pole and wall-mounted applications.
Signage: Signage will be provided based on the OR Office Residential signage
requirements.
Bulk Regulations: The proposed structures in this PUD will be located in
substantial compliance with the submitted conceptual plan.
Permeable Area (%) & Location (Open Space): The proposed project will cover
approximately five (5) acres of the 14.5 acres available with impervious surface
including buildings, parking and drive areas. Open space is provided throughout
the project between buildings and the proposed private drives. A substantial
amount of the green space is located on the wooded hillsides on the east and
south sides of the property.
Landscaping/Screening: The submitted conceptual plan indicates existing tree line
to remain as well as noting possible locations of new trees to be planted. A
detailed landscape plan is required as part of a future major site plan.
Phasing of development: None submitted.
Impact of Request on:
Utilities: Existing City water and sewer mains already serve the subject site. The
Engineering and Water Departments have reviewed the conceptual plan and do
not foresee any major issues regarding serving the proposed development.
Planned District Staff Report - River Pointe Development
Page 3
Traffic Patterns/Counts: Access to the site is by way of either Mazzuchelli Place
or Cardiff Street. There are no traffic counts for either street. Mazzuchelli Place
heads to the west and intersects with James Street and Langworthy Street north
of the main entrance to Mercy Medical Center. Cardiff Street runs north and
south and intersects with West 3rd Street. Both streets are used by area residents
and employees, patients and visitors to Mercy Medical Center.
Public Services: Existing public services are adequate to serve the site.
Environment: Staff anticipates that the proposed development will have impacts
related to storm water management and erosion control during each phase of
development. The developer has indicated that storm water drainage will be
directed to the south away from existing residential homes located along St.
Mary's, West 3rd, and Cardiff Streets.
Adjacent Properties: The most likely impacts to adjacent property will be an
increase in the volume of vehicle trips utilizing Mazzuchelli Place and Cardiff
Street as well as a significant visual change to the area.
CIP Investments: None proposed.
Staff Analysis: The proposed River Pointe Development is located at the intersection
of Mazzuchelli Place and Cardiff Street. The subject property is locally known as
Kelly's Bluff and was the former site of St. Dominic's Villa. The building was recently
demolished and the site graded and seeded by Royal Oaks Development. The
proposed River Pointe project encompasses four (4) high rise condominium buildings, a
10-story office building and a senior assisted living facility. Access to the site is located
at the intersection of Mazzuchelli Place and Cardiff Street with a single access point to
the development. The internal roadways are private drives that will be owned and
maintained by the development. Parking facilities are provided both in surface parking
lots as well as underground parking garages that would serve the individual
condominium buildings. The developer has submitted renderings of the project
showing the proposed condominium buildings and the office building.
The proposed high rise condominium buildings will be 15 stories in height and the office
building will be 10 stories in height. In addition, the developer is proposing a community
center and swimming pool in the center of the development and is reserving an area in
the northwest corner of the site for a possible senior assisted living facility. The
developer has indicated that a maximum of 400 units will be built and could be a
combination of condominium units and assisted living or simply all condominium units.
The proposed office building located at the west end of the site will be a 10-story
structure with approximately 12,000 square feet of office space on each floor for a total
of 120,000 gross square feet.
Planned District Staff Report - River Pointe Development
Page 4
The proposed development includes both surface and underground parking. The
proposed off-street parking will meet or exceed the City of Dubuque's Zoning Ordinance
requirements. Based on the number of dwelling units and square footage of the office
building approximately 1, 300 off-street parking spaces will be provided when River
Pointe is fully built out.
City staff has met with the developer and discussed serving the site with City water and
sewer. Currently, the site is served by City water and sewer, and given the scale of the
development, some upgrades to those utilities will be necessary. The water distribution
division has recommended that an additional 8-inch water main be installed as part of
the project to create a service loop within the development. This will help ensure
adequate pressure and quantity of water should there be a water main break. City staff
does not anticipate significant issues in providing adequate water and sewer service to
this development.
The developer and City Engineering staff have identified storm water control as an
important issue on this project. The developer and Engineering has agreed that storm
water be directed to the south away from existing developed residential areas to the
east and north. The area to the south is currently vacant land along U.S. Highway 20.
The proposed development includes areas reserved for storm water detention. The
storm water will be detained on-site as required by City standards. The proposed
project increases the impervious area from 1.5 acres to 4.5 acres when compared to
the former use of the site as St. Dominic's Villa.
The City's Fire Chief and Fire Marshal met with the project developer and have
reviewed, on a preliminary basis, the needs of emergency services. The proposed
height of the condominium buildings and office building will be built to high rise building
standards. Any building over eight stories are designed to playa more active role in
protecting the occupants during a fire to allow additional time for emergency personnel
to reach the occupants. Fire and Building Department staff will review detailed building
and sprinkler system plans as part of the normal review process for new buildings. The
developer indicated that there may be a gated entrance to the development. The Fire
Chief and Fire Marshal recommend having a preemption device similar to that used by
emergency vehicles in the City to preempt the traffic signs at City intersections to
facilitate access to the development by emergency vehicles.
Access to the site is provided by Mazzuchelli Place and Cardiff Street. Mazzuchelli
Place intersects with James Street and Langworthy Street near the main entrance to
Mercy Medical Center and Cardiff Street intersects with West 3rd Street immediately to
the north. Cardiff Street is built to the City's residential street standard of 31-foot of
paving and 50-foot of right-of-way. Cardiffs intersection with West 3rd Street is
substandard in terms of its transition grade exceeding 3%. Mazzuchelli Place is
substandard in terms of its paving width. Currently, Mazzuchelli Place is paved to a
width of 20 feet with parking prohibited on both sides. There are no current traffic
counts for either street. The accident history was reviewed for Cardiff Street and
Mazzuchelli Place and their intersections with surrounding streets. The data base
Planned District Staff Report - River Pointe Development
Page 5
provided by IDOT indicated that there is not a significant number of accidents in the last
four years and none of the accidents involved personal injuries.
The proposed River Pointe Development could generate approximately 3,400 average
daily vehicle trips when fully developed. Vehicle trips were estimated based on
information obtained from the Institute of Transportation Engineers Trip Generation
Manual utilizing the average rate for high-rise condominiums and general office space.
The number of vehicle trips will initially be much lower in the initial phases of the project
and increase as each new building is constructed. As an example, when condominium
building #2 with 105 units is built, it will generate approximately 439 average daily trips.
Typically, residential developments with this number of dwelling units have more than
one access point to help ensure adequate emergency response in the event a storm or
vehicle accident blocks the access because of fallen trees or power lines. Staff has
reviewed this issue with the developer who indicated there is no other feasible access
to the property without buying adjacent property. In addition, the topography of the site
limits the feasibility of alternative access points. The City's Fire Department did not
object to the single point of access for the project provided that entrance is designed to
minimize the potential for it to be blocked.
Planning staff recommends that the Zoning Advisory Commission review Section 3-5.5
of the Zoning Ordinance that establishes criteria for reviewing planned unit
development projects.
Prepared by: ;11 F Reviewed: piA
Date: if. 28.-05
Prepared by: Laura Carstens. City Planner Address: 50 W. 13th St.. City Hall Telephone: 589-4210
Return to: Jeanne Schneider. City Clerk, City Hall- 50 W. 13m Street. DubuQue. IA 52001-4864 563-589-4121
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 AT 600 MAZZUCHELLI
DRIVE FROM R-2 TWO-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. That Appendix A (The Zoning Ordinance) of the City of Dubuque
Code of Ordinances is hereby amended by reclassifying the hereinafter-described
property from R-2 Two-Family Residential District to PUD Planned Unit development
District with a PR Planned Residential District designation and adopting a conceptual
development plan, a copy of which is attached to and made a part hereof, with
conditions as:
Lot 2 of City Lot 723, City Lot 698, City Lot 693A, Lot 1 of Lot 2 City Lot 694,
Lot 2 of Lot 1 City Lot 694, Lot 2 City Lot 697, Lot 2 City Lot 726, Lot 2 of Lot
1 City Lot 725, Lot 1 of 1 of 19 City Lot 724 and Lot 2 of Roman Catholic
Grave Yard, 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 ReQulations.
The following regulations shall apply to all uses made of land in the
above-described PUD District:
1
1) Condominiums
2) General Offices
3) Medical Office/Clinic
4) Senior Assisted Living Units
5) Accessory uses shall include any use customarily incidental and
subordinate to the principal use it serves.
B. Lot and Bulk Reoulations.
Development of land in the PUD District shall be regulated as follows:
1) The proposed condominium development shall be constructed in
substantial compliance with the attached conceptual development
plan.
2) Maximum building height shall be limited to 200 feet as measured
from the first occupied floor level.
C. Performance Standards
The development and maintenance of uses in this PUD District shall be
regulated as follows:
1) Parking Regulations
~ All vehicle-related features shall be surfaced with either
asphalt or concrete.
~ Curbing and proper surface drainage of storm water shall be
provided.
~. All parking and loading spaces shall be delineated on the
surfacing material by painted stripes or other permanent
means.
~ 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.
~ 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) Off-street parking shall be provided in substantial compliance with
the approved conceptual plan and based on the following:
~ Condominium dwelling unit = 2.5 spaces per dwelling unit.
2
~ General offices = 1 space per 400 square feet of office
space.
~ Medical office/clinic = 0.75 spaces per employee on
maximum shift plus 3.5 spaces per doctor
~ Senior housing = 0.5 spaces per dwelling unit.
3) Site Lighting
a) Exterior illumination of site features shall be limited to the
illumination of the following:
~ Parking areas, driveways and loading facilities.
~ Pedestrian walkway surfaces and entrances to building.
~ Screened storage areas.
~ Building exterior.
b) Location and Design:
~ No light source shall provide illumination onto adjacent
lots, buildings or streets in excess of 1.0 foot candle.
~ All exterior lighting luminaries shall be designed and
installed to shield light from the luminaire at angles above
72-degrees from vertical.
~ A lighting plan shall be included as part of site plan
submittals that indicates types of lights used and ground
light pattern for building lighting of building and parking-
related features.
~ Fixtures mounted on a building shall not be positioned
higher than the roofline of the building.
~ The top post mounted free-standing fixtures shall not be
higher than 30 feet above the ground.
~ All electrical service lines to posts and fixtures shall be
underground and concealed inside the posts.
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.
3
Other applicable regulations enforced by the City of Dubuque
relative to storm water management and drainage shall apply to
the subject property.
5) Exterior Trash Collection Areas:
~ The storage of trash and debris shall be limited to that
produced by the principal permitted use and accessory uses
of the lot.
~ 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 steppeo 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 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. SiQn ReQulations
1) Signs in the PUD District shall be regulated in accordance with
the OR Office Residential sign regulations of the Zoning
Ordinance.
4
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. 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.
G. Reclassification of Subiect Property
The City of Dubuque, Iowa, may initiate zoning reclassification
proceedings to the R-2 Two-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. RecordinQ
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 Advisory 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
5
ACCEPTANCE OF ORDINANCE NO.
-05
I, A.J. Spiegel, representing Royal Oaks Development, property owner, 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:
A.J. Spiegel
6
ROBERT J. MURPHY
Attorney at Law
1@1E(GlEi. W [~@
U1J OCT - 5 2005 I ~
I
Suite 3 EDSB Building
3999 Pennsylvania A venue
Dubuque, Iowa 52002
Telephone (563) 557-9000
CITY OF aU'BJ 'QIIE
PLANNING ('r-"1 f' C' J I.
601 IS Street cir:.RV/vEJ QI~fiTMENT
Independence, lA 50644 ---
Tel. (319) 334-4956
Email murl2345@aol.com
Facsimile (563) 557-9025
Reply to Dubuque Office
October 3,2005
City of Dubuque
PIaruring Services Department
50 West 13th Street
Dubuque, Iowa 52001-4864
Zoning Commission
City Hall
50 West 13th Street
Dubuque, Iowa 52001-4864
Re: Kelly's Bluff Zoning; AJ. Spiegel/Royal Oaks Development Zoning Application
for Kelly's Bluff
To Whom It May Concern:
Please be advised that I represent Jeff Nagle. Jeff Nagle is the owner of real
estate located at 255 Kelly's Bluff, legally described as Lot 2 of Kelly's Bluff
No.3 in the City of Dubuque, Iowa according to the recorded plat thereof
This property is directly adjacent to the proposed rezoned area.
My client has many objections to this proposed rezoning. First, the rezoning
is for a project of great breadth. It is estimated that an excess of four-
thousand (4,000) vehicles would go in and out of this project once it is
completed. The only two (2) entries to this project would be through
Mazzuchelli Drive and Cardiff Street. Mazzuchelli Drive is an undersized
street which is currently in operation at much less than Dubuque's
recommended width. Cardiff Street is also an extremely narrow street whose
intersection with West 3rd is again contrary to city codes and regulations.
Neither of these streets was designed for, nor could handle the type of traffic
that this proposed development would engender. Further, even West 3rd with
its intersections with Bluff Street and streets to the west, was never designed
to handle this volume of traffic and this volume of traffic would create traffic
hang-ups, back-ups, and necessitate tremendous street repairs. Further, this
kind of traffic would be detrimental to those in the city of Dubuque seeking
health care services from Mercy Hospital. The developer has indicated that
there would be six-hundred (600) or less (per quote in a Telegraph Herald
article) vehicles going in and out of the project. Just looking at the project,
you see that there is a major office building, as well as huge amounts of
condominium and assisted living space. This estimate simply does not make
sense and is self-serving.
The buildings located in this proposed project are taller than anv building
currently existing in the city of Dubuque. As such, my client's house would
be in the perpetual shadow of these buildings. They would obstruct the
natural view he built his house to receive, and they would, in essence, block
out the sun. In like manner, placing these buildings on top of a prominent hill
in the city of Dubuque would forever change the city's skyline. Is this the
kind of impression we want to give to people coming over the Julien
Dubuque Bridge, as compared to the pristine view that they have always
received of deeply wooded and inviting hillside?
The project calls for significant paving and excavation. Sixteen (16) story
buildings need extremely deep foundations, which would require excavation
and/or explosions to dig out the rock base of the hill. An environmental
impact study is clearly necessary before rezoning this property. Further, such
ground disturbances could easily damage my client's house and property as
well as the houses and property of the other neighbors, and even Mercy
Hospital itself.
Changing the topography and adding all of the nonporous surfaces of
buildings and parking lots leads to questions of water runoff. Further study
needs to be done on the impact of this water runoff on my client's property,
as well as all others in the area and on possible flooding to the Highway 20
corridor.
The building of the planned project on this property would naturally change
the natural ecosystem of the bluff and may displace many animals and birds.
It is important that an environmental impact investigation concerning wildlife
take place before any positive zoning determination is made.
It is highly questionable that the water resources and sewer resources
currently in existence in that area are sufficient to handle a project of such
great breadth. Prior to approving zoning, it will be necessary to investigate
how current city systems would handle the increased volume of both water
needs and sewage disposal and what replacements would have to be made,
including what streets would have to be dug up and repaired, to improve or
upgrade water and sewer systems.
Overall, this project appears to be an overambitious attempt to develop an
area that is too surrounded by old city to accept its impact. There is really no
feasible way to handle the traffic it would engender and the damage it could
do to the city of Dubuque as a whole, as well as to the neighbors, like my
client, is enormous. It is respectfully requested that the zoning application be
denied at this time or, at the very least, tabled until more information can be
obtained.
Very truly yours,
4
Robert J. hy
Attorney for Jeffrey Nagle
RJM/crw
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ATTACHED PLATS GIVE YOU INFORMATION ON KELLY'S BLUFF
PLAT I SHOWS THE PRESENT LOT LINES. LOTS 1, 2, 4 and 5 TOTAL
APPROXIMATELY 4 ACRES. PUT II SHOWS LOTS 1 AHD 2 DEVElOPED
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Planning Services Division
City Hall. 13th &: Central Avenuc
Dubuque. Iowa 5200 I
(3 (9) 5M-.j.! 10
D~~%duE
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NOTICE OF PUBLIC HEARING
The Zoning Comission will hold a publ ic hearing on proposed zoning changes
and/or development plans in your neighborhood. The public hearing will be held:
DATE:
TIME:
PLACE:
Wednesday, May 6, 1992
6:30 p.m.
Auditorium, Carnegie Stout Public Library
360 W. 11th Street, Dubuque, Iowa
At the publ ic hearing, all interested part ies may present oral and written
comments for or against the following proposal:
Jeffrey Nagle
Kelly's Bluff
To amend the PR Planned Residential District to create
three single family lots and residential townhouses.
Additional information is available during regular business hours at: Planning
Serv ices, City Hall, Second Floor, 50 W. 13th Street, Dubuque, IA 52001,
telephone (319) 589-4210. Written comments may be sent to the Zoning Commission
at this same address.
APPLICANT:
LOCATION:
PROPOSAL:
AttaChment
Servicc
Peoplc
IntcKrily
Rc,pomibility
Innovatiun
T eamw('rk
!HE ern OF S:-.~
[)USI}Q'UE
~<k~-
rl.lllnin~ S,'rvi ., [1. , '
Cit" H II lC' "'1511'0
, .I, I \th &: C
llubulju,', k;lV.I ~ ,,' ,'ntral :'\Venue
( \ . _vcll
. 1"'1 5~"".j'! 10
NORTH
MAP NOT TO SCALE
N*~~ KELLY'S BLUFF
Amend PR to APPLICANT,
create 3 .
slngle famil~
Jeffrey Nagle
lots and residential
townhouses
Innll\'..ltu1n
T eJ.I;l\,\,ork .
S..'r\'i<<. t"
Pel'pll'
Inle:><hly
, Rc~pun(,il'ility
,PLANNED DISTRICT STAtr REPORT
Loning Agenda: 5/6/92
, .
, .
Project Name:
Kelly's Bluff
Property Address: Lots 1 throuoh 6 of Kelly's Bluff
Property Owner: Kelly Bluff Properties
Applicant: Jeff Nagel
Proposed Land Use: Single-FamilY Residential and Vacant Proposed Zoning: PR
Existing Land Use: Townhouses and Vacant
Existing Zoning: PR
Adjacent land Use: S--St. Dominick's Villaoe; E--Multi-Family Residential; W-
Multi-Family Residential; W--Multi-Family Residential; N--
Multi-Family Residential
Adjacent Zoning: S--R-2; E--R-3; N--R-3; W--R-3
Flood Plain:
No
Total Area: 4.5 acres
Water:
Yes
Existing Street Access: Yes
Storm Sewer:
No
Sanitary Sewer: Yes
Previous Planned District: An R-4 PUD was approved by the Zoning Board of
Adjustment on June 26, 1975 for this site. At that time, 54 townhouse units
were proposed for the 4 1/2 acre site, 108 off-street parking spaces were
proposed with 54 of those spaces to be indoor. Only one structure containing
6 townhouses was constructed.
Purpose: The proposed amended PR Planned Residential District will facilitate
the construct ion of three s ingl e-family homes and six add it iona 1 townhouses.
Property History: This area was zoned for multi-family in 1934; was zoned as
an R-4 PUD in 1975 and in 1975 rezoned to PR Planned Residential District.
Completion of the previous "plan for additional townhouse units has not been
economically feasible.
Physical Characteristics: The subject site has access from W. 3rd. Kelly's
Bluff has an approximate.5 percent grade and is located on a bluff overlooking
the City. The street currently terminates without a cul-de-sac. The site is
heavily wooded and steep terrain exists to the eastern edge of the site.
Conformance with Comprehensive Plan: Existing land use plans designate the
subject site as follows: 1965 Gruen Plan--Open Space; 1990: DMATS--
Institutional.
Recommended Motion: Motion to approve the amended conceptual development plan
for Kelly's Bluff subject to the staff's recommended conditions as herein
stated.
- ~
PUBLIC NOTICE OF MEETING -f
MEETING DATE:
MEETING TIME:
MEETING PLACE:
ZONING COMMISSION
Wednesday, May 6, 1992
6:30 p.m.
Auditorium, Upper level, Carnegie Stout library
11th & Bluff Streets, Dubuque, Iowa
Notice is hereby given that the above identified governmental body will meet at the time,
date and place as noted above.
The agenda for the meeting is as follows:
REGULAR SESSION
CALL TO ORDER
ROLL CALL
CERTIFICATION OF COMPLIANCE WITH IOWA'S OPEN MEETING LAW
MINUTES - March 19, April 1 and April 16, 1992
PUBLIC HEARINGS
Rezoning
App 1 icant:
Address:
Proposal:
R. M. Fuller
607/609 E. 22nd Street
To rezone from C-l Neighborhood Commercial District with conditions to C-l
Neighborhood Commercial District with the conditions to be amended by
allowing the hours of operation to be extended from 8:00 p.m. to 11:00
p.m.
CONCEPTUAL DEVELOPMENT PLAN
Planned District
Appl icant:
Address:
Proposal:
Planned District
Applicant:
Address:
Proposal:
SUBDIVISION PLATS
Preliminary Plat
Applicant:
Description:
location:
Jeffrey Nagle
lot 1, Lot 2, Lot 4, Lot 5 and Lot 6 of Kelly's Bluff
To amend the PR Planned Residential District to create three single-family
lots and residential townhouses.
Hillcrest Family Services
2005 Asbury Road
To rezone property from C-l Neighborhood Commercial District and R-3
Mult i -Family Res ident ial District to 10 Inst itut ional District and to
amend the ID District to allow construction of additional facilities on
the campus.
Marty & Nancy McNamer
MarNa Ridge Estates
South of Valentine Drive
y':
~
, PLANNED DISTRICT STAtf REPORT
Page 2
Staff Analysis:
Streets: Access to Kelly's Bluff is from W. 3rd Street which has
approximately 15 to 17 percent grade. Kelly's Bluff has a 9
to 10 percent grade at the entrance into 3rd Street but then
becomes fairly level at .5 percent grade. Kelly's Bluff
would be approximately 380 feet long and will be dedicated to
the public.
Sidewalks: Public sidewalks, 4 feet in width, shall be constructed along
the north side of Kelly's Bluff, ending at the driveway for
the single-family home at the southerly lot.
Parking: A minimum of two off-street parking spaces shall be provided
for all single-family homes and townhouses.
Lighting: As per City Engineer requirements.
Signage: None.
Bulk Regulations: The location of the buildings on the conceptual
development plan are set back a minimum of 10 feet from the front property
line. No maximum front yard setback will be established, since the
terrain will limit the location of the homes. The proposed structure will
be a minimum 6 feet from the side property line and have a maximum
building height of 30 feet. A hard surface driveway will be constructed
for each single-family home. The minimum lot frontage shall be 30 feet.
The proposed townhouses shall be a minimum of 20 feet from the front
property line with a minimum of 2 off-street parking spaces per unit.
Permeable Area (%) & Location (Open Space): Percentage and location of
open space: Approximately 80 percent of the site will not be disturbed by
construction. The proposed three single-family homes will prQvide minimal
land disturbance.
Landscaping/Screening: The applicant proposes to clear brush from the
area to allow ground cover to grow and stabilize the area. The existing
trees will be minimally disturbed.
Phasing of development: One Single-family home is proposed to be
constructed in the near future and the other two homes will be constructed
when the properties are sold for future development. No immediate plans
are anticipated for the proposed townhouse construction.
Impact of Request on:
Utilities: The proposed development can be adequately served by water
and sanitary sewer service. An existing storm sewer easement may need to
be relocated to conform to proposed lot lines. No storm sewer or catch
basin now exists on the site. Sanitary sewer will need to be extended to
serve the Single-family homes. Storm sewer may be required.
Traffic Patterns/Counts: 1989 average daily traffic counts: Kelly's
Bluff would be considered a cul-de-sac street. Single family homes
generate an average 10 average trips per day per dwelling unit. The
proposed full development, with the existing 6 townhouses, proposed 6
townhouses and 3 single-family dwellings, will generate approximately 112
-y.
cPLANNED DISTRICT STAt-r REPORT
Page 3
trips per day. This estimate comes from the Department of
Transportation's trip generation report.
Public Services: Existing public services can adequately handle the
proposed development.
Environment: The proposed development will have minimal environmental
impact in comparison to the previously proposed additional 48 townhouses,
control of the storm water runoff will need to occur on the site, as per
City Engineer approval. During construction runoff will need to be
controlled to prevent erosion and water runoff to the northeast.
Adjacent Properties: The proposed development will have minimal increase
in traffic onto Kelly's Bluff and W. 3rd. Runoff and erosion may affect
adjoining properties at the bottom of the slope if appropriate mitigation
techniques are not followed.
CIP Investments: None proposed in the area.
Comprehensive Plan: The proposed amended PR District conforms with
existing plans.
Staff Recommendation: Staff's review of the applicant's conceptual
development plan is favorable. Construction of 3 single-family homes
surrounding a cul-de-sac will provide appropriate use of the site with minimal
impact on adjoining properties in terms of traffic and the environment. The
proposed development substantially decreases the. number of dwelling units from
the initially proposed 54 units to 15. However, the feasibility of
constructing townhouses at the southwest location of the site, at the corner
of Kelly's Bluff and W. 3rd is questionable due to the steep terrain, and
access onto the steep grade.
Staff recommends approval of the amended conceptual development with the
following conditions:
1) That a silt fence shall be provided during construction and six months
following construction to control runoff and erosion.
2) That sod shall be_inst~lled within 3 months of completion of the single-
family homes to stabilize the soil and create adequate ground cover for
water absorption and erosion'control;
3) That single-family homes be constructed no lower than a grade of 780 to
minimize impact on the bluff. All structures shall meet the bulk
regulations as stated above;
4) The lots be configured with a minimum 30 feet of frontage;
5) That a permanent cul-de-sac shall be created at the end of Kelly's Sluff
as per the City Engineer's specification. Public sidewalks shall be
constructed at the north side of Kelly's Bluff, ending at the driveway
for the single family home on the southerly lot.
6) That all water, sanitary sewer and storm sewer improvements shall meet
City Engineer's specification;
Prepared by: '-~ % mt. APproved:.JZ;t ~ Date:' tj-.1q - q :L..
E
ORDINANCE NO. -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
ADOPT! NG A CONCEPTUAL DEVELOPMENT PLAN FOR PROPERTY
LOCATED ON KELLY'S BLUFF.
Whereas, Jeffrey Nagle, property owner, has filed a conceptual
development pl an 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
amended conceptual development plan pursuant to required published notice; and
Whereas, the Zoning Commission has approved said conceptual
development plan subject to specific conditions and restrictions having found
that said plan conforms with the review standards applicable 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 Zoning Commission has recommended the concurrence of the
City Council in approval of said conceptual development plan;
Whereas, the City Council has received the recommendation of the
Zoning Commission and held its own public hearing on said 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:
Sect ion 1. 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 "Kelly's Bluff", a copy of which is
attached hereto and made a part hereof, is hereby adopted and approved for the
following described property, to wit: .
Lots 1, 2, 4, 5 and 6 of Kelly's Bluff, and to the center line of
the adjoining public right-of-way, in the City of Dubuque, Iowa.
Sect ion 2. That in order to accompl ish the purposes of the PR
~lanned Residential District and of the Zoning Ordinance, the property
hereinabove described is subject to the following conditions and restrictions.
A. Use Requl at ions.
The following regulations shall apply to all uses made of land
in the following described PR Planned Residential District.
Ordinance No.
Page 2
-92
1)
Principal permitted uses shall be 1 imited shall be 1 imited
to three single-family residential structures and six
additional townhouse units;
2)
3)
No secondary or contingency uses shall be permitted;
Accessory uses shall include any use customarily
incidental and insubordinate to the principal use it
serves.
/ff;i Lot and Bul k Regul at ions.
<J Development of -land in this PR Planned Residential District
shall be regulated as follows:
('l "
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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 line and have a maximum building height of 30
feet.
3) A hard surfaced driveway will be constructed for each
structure and public sidewalks, 4 feet in width, shall be
constructed along the north side of Kelly's Bluff, ending
at the driveway for the single-family home on the
southerly lot;
4) The minimum lot frontage shall be 30 feet;
5) Each dwelling unit shall provide a minimum of 2 off-street
parking spaces.
6) The single-family home shall be constructed no lower than
~ grade of 760 to minimize impact on the bluffs.
7) Lot 1 and Lot 6 shall be combined into one lot.
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 regulations of
Section 3-1.6 of the PR Planned Residential District:
1) A permanent cul-de-sac shall be created at the end of
Kelly's Bluff as per City Engineer's specification;
2) Two (2) silt fences shall be provided during construction,
and 12 months following construction, beginning at an
elevation of 760, a minimum of 10 feet apartk according to
IDOl specifications, and located from the south property
Ordinance No.
Page 3
-92
1 ine of Lot 1 to the west property 1 ine of Lot 3, to
control runoff and erosion;
3) .sod shall be install ed with in 3 months, weather
permitting, of completion of the single-family homes to
stabilize the soil and create adequate ground cover for
water absorption and erosion control;
4) Water, sanitary sewer and storm water improvements shall
meet City Engineering specification, if required;
5) 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;
6) No dynamiting or blasting on the site.
D. ODen SDace Areas.
Those areas not designated on a conceptual development shall be
maintained as open space 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 Ownershio.
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 this
day of
, 1992.
James E. Brady
Mayor
ATTEST:
Mary A. Davis
City Clerk
PL\COUNCIL\ORD\nagle.ord
Ordinance No. -92
Page 4
ACCEPTANCE OF ORDINANCE NO. -92
I, Jeffrey 'Nagle, having read the terms and conditions of the
foregoing Ordinance No. -92 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
, 1992.
By.
Jeffrey Nagle
.
. ,
.
RESOLUTION NO. 272
-92
A RESOLUTION APPROVING THE FINAL PLAT OF KELLY'S BLUFF
NO. 2 IN THE CITY OF DUBUQUE, IOWA.
Whereas, there has been filed with the City Clerk a final plat of
Kelly's Bluff No.2 in the City of Dubuque, Iowa; and
Whereas, upon said final plat appear a street to be known as Kelly's
Bluff, together with certain public utility and sanitary sewer easements whicn
the Owners by said final plat have dedicated to the public forever; and
Whereas, said final plat has been examined by the Zoning Commission
and had its approval endorsed thereon subject the owner( s) agree i ng to the
conditions noted in Section 2 below; and
Whereas, said final plat has been examined by the City Council and
they find that it conforms to the statutes and ordinances relating to it, except
that no streets or public utilities have yet been constructed or installed; and
Whereas, the City Council concurs in the conditions of approval
established by the Zoning Commission.
oj'
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the dedications of Kelly's Bluff, together with the
easements for public utilities, sanitary sewer, storm sewer and water mains as
they appear upon said final plat, be and the same are hereby accepted; and
Section 2. That the final plat of Kelly's Bluff No.2 is hereby
approved and the Mayor and City Cl erk are hereby authori zed and directed to
endorse the approval of the City of Dubuque, Iowa, upon said final plat, provided
the owners of said property herein named, execute their written acceptance hereto
attached agreeing:
a. To reduce Kelly's Bluff to grade and to construct concrete curb
and guttei and to hard surface with asphaltic concrete, or with
concrete paving with integral curb, all in accordance with the
City of Dubuque standard specifications; all in a manner
acceptable to the City Engineer and in conformance with
construction improvement plans approved by the City Engineer.
b. To install sanitary sewer mains and sewer service laterals into
each individual lot, water mains and water service laterals
into each individual lot, storm sewers and catch basins,
boulevard street 1 ighting and erosion control devices all in
accordance with the City of Dubuque standard specifications and
in accordance with construction improvement plans approved by
the City Engineer, and inspected by the City Engineer.
c. ' To construct said improvements, except sidewalks, prior to one
year from the date of acceptance of this resolution, at the
sole expense of the subdivider, as owner, or future owner;
d. To maintain the public improvements, except sid~walks, for a
period of two (2) years from the date of the acceptance of
RESOLUTION NO. 212 -92
Page 2
those improvements by the City of Dubuque, Iowa, at the sol e
expense of the subdivider, as owner, or future owner;
e. To construct sidewalks in accordance with the requirements of
Section 42-24(e) of the City Code, specifically:
Sidewalk installation shall be the responsibil ity of the owner
of the property abutting the public right-of-way. The
responsibility shall extend to all successors, heirs and
assignees. Sidewalk installation will not be required until
the development of the lot has been completed, except as
required herein. In sparsely developed subdivisions, sidewalks
on developed lots will not be required until 50% of the lots
approved by the plat have been developed. All vacant lots
shall have sidewalks installed upon development of 80% of the
lots approved by the plat.
And further provided that sa id Jeffrey Nagl e, as owner of sa id
property, shall secure the performance of the foregoing conditions provided in
Section 2 by providing security in such form and with such sureties as may be
acceptable to the City Manager of the City of Dubuque, .Iowa. '
Section 3. That in the event the owner shall fail to execute the
acceptance and furnish the security provided in ,Section 2 hereof within forty-
five (45) days after the date of the Resolution, the provisions hereof shall be
null an<:i void and the acceptance of the dedication and approval the.plat shall
not be effective.
Passed, approved and' adopted this 3rd
day of
Auqust
, 1992.
ATTEST:
~ku4 a. ~
Mary A,/jOavis
City Ctr'erk
PL\COUNCIL\RES\nagle.res
RESOLUTl ON NO.
P,1ge 3
'/~ 'U - 9 2
ACCEPTANCE OF RESOLUTION NO. 272 -~2
I, the unders1gned, Jeffrey Nagle, h~ving read the terms and
cunditions of the Resolution No. 272 -92 and being familiar with the
conditions thereof, hereby accept this same and agree to the conditions required
therein.
Dated 1n Dubuque, Iowa this /0 if day Of~~~Y___' 1992.
B~~l~ ~
TO: Mary A. Davis
Ci ty Clerk
This is to certify that the required security for the foregoing Resolution
No. 272-92 has been properly furnished.
'~
,p~ ~
' ',.V/3."1, , . .
/~ng City ager
Dated this 16th day of September, 1992.
. .
CERTIFICATE OF CITY CLERK
STATE OF IOWA )
) ss:
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 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 he~~to attached Rescl~tio~ No. 272-92 is aco~rect copycf the
original Resolution No. 272-92 approved and adopted by the City Council
of the City of Dubuque, Iowa, at a session held by said Council on the
3rd day of August, 1992.
I"n Testimony Whereof, I hereunto set my hand and official seal of the
City of Dubuque.
Dated at Dubuque, Iowa, this 16~h day of September, 1992.
(SEAL)
~/l.~ t2 I ~~-C:~i2:
Ma A. Davis
Clerk of the ity of Dubuque Iowa.
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Jeff C. Nagle
P.O. Box 3042
Dubuque, Iowa 52004
563-581-8877
March 7, 2005
Laura Carstens
City ~lanning
City Hall
Dubuque, Iowa 52001
Dear Laura,
I didn't know if you're the right person to address this to, if not please forward to the proper
department. This is in regards to the development at the Villa property and some issues I want to
address.
As you know, when I was presenting my project in 1993 and I had several meetings, with the
City and Council, which I was almost denied from having home sites being developed due to
traffic, impact to the area, and run off to the neighbors at S1. Mary's to name a few, this to an
area already zoned for this type of development. I had reduced the size from 6 lots to 3 lots and
currently 2, and had requirements added to that. I was not allowed to blast the rock and was
required to sod the lawn and have silt fences installed, which was done. The requirements placed
on me and the hoops I had to jump through should be at least what anyone else should have to be
required to do. I had to jack hammer out the foundation and utility trenches at a cost of-over
$ 50,000.00, and sod the property and add silt fences.
You now have a development (which I am opposed to) planning to build two 8 story units, a
large professional office building and several separate condo units. This was expressed to me by
the developer. I did traffic counts for the stre~ts of Cardiff and Mazzuchelli streets and there was
37 vehicles currently between the hours of 6:00 a.m. and 9:00 p.m.. This is down from the 58
vehicles when the Villa was still open and fully operational. The developer and his plan would
add almost 10 times the amount of traffic it currently has, or 600 plus vehicles daily using
Cardiff Street or exiting through the hospital area. The streets of Cardiff and W. 3rd cannot
handle this volume of traffic nor half of that amount anticipated. Not to mention the parking on
Cardiff which is basically one lane due to parking on both sides of the street and add to that the
property behind Cardiff (east side) that the residents currently use ( without permission) for their
garage and alley access is owned by me, and Inot allow this use due to the liability to me. This
will add 9 or more vehicles needing to park on Cardiff, adding to the already narrow street.
I had called the City 2 years ago in regard to the silt fences and the clearing going on at the Villa
and the runoff of mud being created by the developer. The fences are now filled due to the
clearing and the fences I put up, which are on the developers land, are now full and there is an
estimated 2 dump truck loads of dirt, dangerously close to going down on the homes on St.
Mary's. The developer was not required by the City to maintain this and his property nor
required to add silt fences for the neighbors on 81. Mary's. Now they are clearing again and have
exposed more dirt and potential run off. This will be a very bad situation if allowed and not
corrected by the developer or the City immediately.
I will or cannot allow any non-zoned development going on the Villa site or this district due to
the above mentioned reasons, and not to mention any planned blasting of rock that may be asked
for. The development must have a plan for the traffic and exiting them onto W.3rd and traffic
lights a Hill and W.3rd first before looking at any development size. 1 know in talking to the
Hospital they have the same concerns.
I know what was required of me for only 3 lots and the conditions placed on me and why. So I
look for consistent requirements and concerns placed on this very large development that will
impact the area much greater than my development and the traffic created would dwarf Mercy's
current traffic problems.
I need to address these issues now before and in case I am not properly notified of any plans for
this area. Notices must be addressed to me at the listed P.O. Box address above and not my house
address, since I do not have mail delivered to my home address. If I have not addressed this to
the proper person please forward to the correct department. Thank you for your time on this
matter.
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