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Zoning 600 Mazzuchelli Royal Oaks withdraw ROYAL @ 1(0) rn ~ rn u \Yl ~ 1m un OCT 1 0 2005 l!!J 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 ;%~' : BY:! (L~4. A. . 'sJio:t!Sident ~ . ; 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 1 "_I !,] (~I . '-) ! '! I ,~) .--" ~.~] 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 l.._l ,'''''(''', \::;:'..:'i (, ~ lr' 'lei, I . '-" ... t'., I ~ '__ ! . I ' UJ.." , \,-.~ ---1/ \! =~! ~"r (j 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 D~~~E ~<!N-~ 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 DU~~E ~~~ 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: ~ , Ol'\..-~-rj ~ j i j 1 2. 3. 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: ~ . 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: +-' E.9..c5 ""C ~ C (1) 1 (1) o+-,:t::;:; C E ~ .0 3= ro 0 (1) >- l:; +-' C N ~ a. > (/)Ce> (1) 0 t.- (1).- ~ C. 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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 A II ::!!!!!5!!!lIE-t ~~ ii;;~~ :~ L....l;;:"" 1I.1~.. ~ r-'-".'!/ . ,,::l~ I~~::i O~] il~~i . 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INSTRUMENT NO. ~ .filed June 2, 1978, 3:~7 r.M..' I/.n :l. DUG '.:r". " iliAD' . w~ril'" ,.,Am .. .' r"SICNICNr I' I 111..07'''.10 .. . - .~ ~ .. till. ~. ...... '.... s :; ABELN .~.[,STn^CT COMPANY '" '0' .r- 0' " . 3.~.tJ"- .... j .! ... . . , o .:.':i: .::,~;;';"'LE'GE'ND~.::......,..~ ',';o;~..;'., ....:.. . ....:-... of 00' ....':"_... ... 'iii. . ) .i .1 '_~.,o . o. IRON:.~PIPI..(4'XISTIN(;r...,' .'-:',' ..:...,'.... ,SCR.L6t ,.., sO' FE6HIN'HY ~. I~T8 . ..Ii. HRe DISTRNCi!' ..., .' .0 .,;'.;. _....i.:~_ ~ . ,,:~f. ,........ ..... o /IIOT6,' lil.4 ;PR,O,.6R;rY_ :CORIVIA,s WILl. 0.. "J.IiC'~D FOI.LOt!IIV.,':~ONIT".IICTION OF IN""'OV6M-FNT,S. ...... :i ...56. . ..: .. . ..J ,<}':,,;~:,'-';'::~~f;;>\J.~(::J'~~!;-;:"';:.::';~8ff."'~\P:~...~~$~;i:~~.l:i!:~:I~1r~t!t!.t9lt;itit~~~~~""""''''''''"~':_:::...::;:::::::..~::~::;.",~ /r/-; f ' .' ' " . I L#a KellY'S {fIr t; Bluff Properties, Ltd. 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 AND DIVIDED INTO 6 RESIDENTIAL BUILDING LOTS. IT WOULD MAKE A VERY ATTRACTIVE RESIDENT~ DEVELOP~ FOR 3 OR 4 FAMILIES ... TO ~URCHASE THE WHOLE AREA AND ENTER THRU ,AND A, GATEWAY AT ~€J WITH A TuRN AROUND PLACE AHEAD OF THE GATE. LOTS 4 ~ 5 'COULD BE'LANDSCAPED TO VROVIDE A VERY ATTRACTIVE ENTRANCE TO THE WHOLE AREA OR DEVELOPED 'WITH SEVEP~: . evUDOMINIUMS. PRICE FOR ALL 'REMAINING AREA: Lot 1 (Max of 5 lots as shown on Plat II) and Lots ~ 2, 4 & 5 (for a possible total of 8 lots)----$250,OOO ';. i " I' .1/ I , 1/ ;' . /' / r'o 8Z 7 .?~ I ez+ ~I~ 1'%' MAJ\ Sr~ .'7? , 2>1+ "0 - 60+' '-6 - PRPr()~C/ ~er "7'14' H1Ur~ ~i--l~rr 1 ) ?:.~" A " ~-,..~. -,,' ! ~ I , ' I /~ -// '/);1. -:/ I' .,/1 :~ '" . 1 " ... ~ o I .. . I 1 i~ ~il ~ ~ i~ " I , ----l * l "J I !/ ' " . . . . . ~~. " --,~: $JIOtF~AAJ/~~... 0' J '-~_ '/"'''7 ~~ ,~... .] ......... ... ~..---'''' 'I --- 0... h ' .; , 11 , . 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'i' ,~ .. -, i , : " .: .... ,- ...) , 6'').. o "01 ""~ e ~o '" QO :.......' ~....." I ........ """ ."'.... ~ . "-' '........,..'V ", .~t.... ' ..' " .~~ .. ", l). . t;~ ", ' It{: , ... ". "', '., ~' , , '" t:.. " ,1 ''''i', CQ, ~, ... , " ... '. , 'I : ",' : .' ' I ;' o._,! ~:.' . ... : ,. ... ",' i"I::! . ,. " I" j; I , ' 'I' " " I, :, I' II ,,,...... .: , . .' E I I " . , ~Hi :. .l z. '. i ;; , ~" . ,,. , , , ,,~ ,;' , . " .. , 1 " " , ,~.. .' , , , .!" , 1 ') i"\ 1 1 , II '.'[ ._" I " ;:J , ;;. 'j'l 'I ~ ill I, 'i ~ ",'/ 'P~1: !" ~ 'il'/ '~r.I. 'I I. i { f I ,II ]~ I . /' /" ;} / KELL Y 5 BLUFF CA)?.uJ):r --S7: ~ - ; .~ -. .~,..."...,~,.._.,""",~ ..------.._~ CURVE LJ,qr" .. _r.r_-' If . "_'I" T 164,0.' . ."..ru. " ._,'1'..... .. .... ... 16....,..... - r ~'. :i \ '~ LOT J '~".,.. c... ...... ". , .,,--J.~, -.:.... -". ~='::"..._____n"! >'.. ~ ' ......., ."."..~"--._-- ---- ------...4 .; I...,.",.,.. " ; ",' . I , , 1 I, '~ , . . ,.' 0" .' "\. '.a, ..... ( "'-. ...........;;. / ~..:~ ,:,,:,,:'::';~"::,".~,~""/!""":' .....:~.;.'!.~~~; ._.......h.:;.~:~..,..:.~_.._.:... . U.IIL~ Z rnJ 5202- I.Tlll,~;,'..,i.H lUll DU.~'~ ~ ,..... milt . "'-- , ......-- ,,'00 D Planning Services Division City Hall. 13th &: Central Avenuc Dubuque. Iowa 5200 I (3 (9) 5M-.j.! 10 D~~%duE ~~~ 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 " \.Y 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. 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U> 0: UJ ~ o wW ...J-' "'<l uo "'<n ...; , ) 1"!>' 00 ~ ,10.. .---7 :z: ~ u a.. t5 ;:: <l a:: t- Ul a:: Ci W W W a:: z t- a:: <l ~ ~ a ~ ~ '-n \-.. ~ -4 "t. - \..) \~ ~ cO. u en. 0::: a. W Wen Zo::: -0 C>>- Zw W> ~~ -en 0> '" on .. '" ... ~ X Z v :; ,... ... l1.. J, ~:O ~!!!!-tO ... '" lO ~--I- '" .. W -a8~ci 8 Ui:lenz .. on .( :.: 8 lD ci ::i (3 -a: w . . m w '" Z a ~ ~ ~ ~ 5 o ~ c:::::J c=J I- a.. I I'lV vOlt; ~ ~ t; .It ~ <l (\J _ Z ~ mi.. ~ Go S;~ ~ on a: . ~~~~ci~ z)(a: ZUJ ~g';"';I-~ on . o. <( u :~~g;~en .... G 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. ~~~:Zr . .. 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