Zoning 600 Mazzuchelli, River Pointe, Spiegel
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Mt. St. Francis
3340 Windsor Ave.
Dubuque, IA 52001-1311
March 11, 2006
Dear City Mayor and Council Members;
This letter is being written in haste because I feel that it is urgent that you receive it
before you make your approval or disapproval of the Spiegel building plan on the Kelly
Bluff. I know that each of you are in good faith and wish to make the right decision. I
have prayed that you will make the right one. Many people of my acquaintances are
deeply concerned that you do not act too hastily. Being accused of indecision is "less
painful" than trying to correct a mistake (-almost impossible!).
Since Mr. Spiegel's plan may set a precedent for the future preservation and development
of our beautiful bluffs, do you not think it first would be well to:
+ Set up ORDINANCE(S) as guidelines for bluff usage?
+ Get some type of "feel" or opinion poll from the majority of Dubuque citizens
who have been responsible and feel deeply about preserving this city's great
history and heritage? (Does Mr. Spiegel-a non-Dubuque citizen - understand
our concerns to respect the same?)
+ Finally, have conclusive studies been made at this time regarding the traffic
problem, the dangers of excavation, etc.
Again, I repeat: I know you are in good faith, that I will continue to pray that you act
wisely and not in haste for HASTE MAKES WASTE.
Respectfully,
"~;~??;"-'4. iU'-'.t ah~V {k~U'1l"~
...;;.. (/1 .7 (/
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Page I of I
Jeanne Schneider - request from Francine Banwarth
-
From:
To:
Date:
Subject:
Francine Banwarth <frantic647@yahoo.com>
<jscbneid@cityofdubuque.org>
03/15/2006 12:36 PM
request from Francine Banwarth
Dear Jeanne,
I would like to speak on the River Pointe condominium project at the City Council meeting, Monday
March 20. I believe it is the third reading on this project and that it is an Action Item.
Thank you Jeanne,
I'll wait for your reply.
Francine Banwarth
Yahoo! Mail
Use Photomail to share photos without annoying attachments.
file:IIC:\Documents%20and%20Settings\jscbneid.000\Loca1%20Settings\ Temp\XPGrp W... 03/16/2006
Prepared by: Laura Carstens CiIv Planner Address: 50 W. 13th SI. CiIv Hall Telephone: 589-4210
Return to: Jeanne Schneider. CiIv Clerk. Address: City Hal~ 50 W. 13m Street Telephone: 589-4121
ORDINANCE NO. 27-06
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, FOR RIVER POINTE DEVELOPMENT.
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:
600 Mazzuchelli Drive
Page 2
A. Use Reaulations.
The following regulations shall apply to all uses made of land in the
above-described PUD District:
1 ) Principal permitted uses shall be limited to:
a) Multi-family dwellings: Two (2) 120-unit condominium
buildings.
2) Accessory uses shall include any use customarily incidental and
subordinate to the principal use it serves.
B. Lot and Bulk Reaulations.
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 165 feet and 12-
stories for buildings A and B. Building height shall be measured
form the floor elevation of the first story to the peak of the highest
roof structure
C. Performance Standards
The development and maintenance of uses in this PUD District shall be
regulated as follows:
1) River Pointe Development, LLC shall contribute a total of
$150,000 toward off-site street improvements related to this PUD.
The contribution shall be made in $50,000 increments, paid to the
City of Dubuque in fiscal years 2012, 2013 and 2014.
2) Parking Regulations
~ Off-street parking shall be provided based on a ratio of 2.5
spaces per dwelling unit.
~ All vehicle-related features shall be surfaced with either
asphalt or concrete.
~ Curbing and proper surface drainage of storm water shall
be provided.
600 Mazzuchelli Drive
Page 3
~ 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.
3) Blasting shall be prohibited within the area governed by this
planned unit development.
4) 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.
600 Mazzuchelli Drive
Page 4
~ All electrical service lines to posts and fixtures shall be
underground and concealed inside the posts.
5) Storm Water Conveyance:
The developer shall be responsible for providing surface or
subsurface conveyance(s) of storm water from the lot to existing
storm sewers or to flow line of open drainageways outside the lot
in a means that is satisfactory to the City of Dubuque.
Other applicable regulations enforced by the City of Dubuque
relative to storm water management and drainage shall apply to
the subject property.
6) 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 stepped so that their top line shall
be horizontal. Exposed materials used to construct the
opaque screen shall be similar in appearance to materials
used for exterior building walls. All exterior entrances to a
screened trash area shall be provided with a gate or door of
similar design to that of the screen.
If a 10-foot high screen fails to shield the exterior trash
collection area from view from points inside or outside of the
property, evergreen plantings may be required in addition to
the screening. Evergreen plant materials shall be selected
and designed so that they will screen the area from all off-
site visibility within five (5) years.
7) Final site development plans shall be submitted in accordance
with Section 4-4 of the Zoning Ordinance prior to construction of
any buildings.
D. Ooen Soace and Recreation Areas
Open space and landscaping in the PUD District shall be regulated as
follows:
600 Mazzuchelli Drive
Page 5
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. Sian Reaulations
1) Signs in the PUD District shall be regulated in accordance with
the OR Office Residential sign regulations of the Zoning
Ordinance.
2) Variance requests from sign requirements for size, number and
height shall be reviewed by the Zoning Board of Adjustment in
accordance with Section 5-3 of the Zoning Ordinance.
F. Other Codes and Regulations
a) Service lines: All electric telephone, cable or other similar utility
lines serving the building and other site features shall be located
underground.
b) Final site development plans shall be submitted in accordance
with Section 4-4 of the Zoning Ordinance prior to construction of
each building and vehicle-related features unless otherwise
exempted by Section 4-4.
c) The use of semi-trailers and shipping containers for storage is
prohibited.
d) These regulations do not relieve the owner from other applicable
city, county, state or federal codes, regulations, laws and other
controls relative to the planning, construction, operation and
management of property within the City of Dubuque.
G. Transfer of Ownership
Transfer of ownership or lease of property in this PUD District shall
include the transfer or lease agreement a provision that the purchaser
or lessee acknowledges awareness of the conditions authorizing the
establishment of the district.
H. Reclassification of Subiect Propertv
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.
I. Modifications
600 Mazzuchelli Drive
Page 6
Any modifications of this Ordinance must be approved by the City
Council in accordance with zoning reclassification proceedings of
Section 6 of the Zoning Ordinance.
J. Occuoancv Permits
No occupancy permit shall be issued by the City of Dubuque for
property included in the subject planned unit development district until
full compliance with this ordinance has been achieved.
K. Recordinc
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 20th day of March, 2006.
Roy D. Buol, Mayor
Attest:
Jeanne F. Schneider, City Clerk
. .
ACCEPTANCE OF ORDINANCE NO. 27 -06
I, A.J. Spiegel, representing River Pointe Development, LLC, property owner,
having read the terms and conditions of the foregoing Ordinance No. 27 - 06 and
being familiar with the conditions thereof, hereby accept this same and agree to the
conditions required therein.
Dated in Dubuque, Iowa this 6th day of March, 2006.
/s/ A.J. SpiegelI
Page 1 of 1
Jeanne Schneider - City Council Meeting 3/20
From:
To:
Date:
Subject:
<GeneTully@aol.com>
<jschneid@cityofdubuque.org>
03/1512006 12:21 PM
City Council Meeting 3/20
Greetings Jeanne:
I would like to address the City Council on Monday 3/20/2006
This would be in regard to the River Pointe Condo Development.
Thanks for letting me know if this request has reached you in time.
Thanks,
Gene Tully
448 Summit
Dubuque, IA
588-1091
file://C:\Documents%20and%20Settings\jschneid.000\Local%20Settings\ Temp\XPGrp W... 03/16/2006
...
DUB%duE
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MEMORANDUM
February 16, 2006
TO:
FROM:
Michael Van Milligen, City Manager
Laura Carstens, Planning Services Manager -$P
SUBJECT: River Pointe PUD Rezoning I Percentage of Written Opposition
Corporation Counsel Barry Lindahl has requested that I review the code provIsions for
calculation of percentage of written opposition for River Pointe Development, LLC's proposed
Planned Unit Development (PUD) rezoning for condominiums at 600 Mazzuchelli Drive. A
public hearing on this proposal is scheduled for the February 20, 2006 City Council meeting.
The City Code is different from the Iowa Code in calculating the percentage of written opposition
to a rezoning. In June, 1991, the City Zoning Ordinance was amended to exclude property
owned by the City or in the public right-of-way from the calculation. The staff report stated: "This
language meets the intent of the Iowa Code and the City's Zoning Ordinance to ensure public
notification and responsiveness. This measure is the way most cities in Iowa determine the
20% factor, but it is more difficult to calculate."
Section 6-1.5 of the Zonina Ordinance (Aooendix A of the City Code) states:
Furthermore, in case of a written protest against the reclassification request which is filed with
the city clerk and signed by the owners of twenty percent (20%) or more of the area of the lots
included in the request, or by the owners of twenty percent (20%) or more of the property which
is located within two hundred feet (200') of the exterior boundaries of the property being
considered for reclassification, such request shall not be enacted except by the favorable vote
of at least three-fourths (3/4) of the council. Property owned by the city or located in the public
right of way shall not be considered in the above calculation(s) of twenty percent (20%) area of
property ownership.
Section 414.5 of the Iowa Code states:
The conditions must be reasonable and imposed to satisfy public needs which are directly
caused by the requested change. In case, however, of a written protest against a change or
repeal which is filed with the city clerk and signed by the owners of twenty percent or more of
the area of the lots included in the proposed change or repeal, or by the owners of twenty
percent or more of the property which is located within two hundred feet of the exterior
boundaries of the property for which the change or repeal is proposed, the change or repeal
shall not become effective except by the favorable vote of at least three-fourths of all the
members of the council. The protest, if filed, must be filed before or at the public hearing.
cc: Barry Lindahl, Corporation Counsel
DUB~E
~<k~
MEMORANDUM
February 16, 2006
TO: Michael Van Milligen, City Manager
FROM:
Laura Carstens, Planning Services Manager
.y,~
SUBJECT: River Pointe PUD Rezoning I Off-Site Street Improvements
Enclosed for consideration at the February 20, 2006 City Council meeting is a revised
ordinance for River Pointe Development, LLC's proposed Planned Unit Development
(PUD) rezoning for condominiums at 600 Mazzuchelli Drive. A public hearing on this
proposal is scheduled for this meeting.
Street improvements that are needed in the area of this development over the next 10
years have an estimated cost of $415,000 to $465,000. Most of these improvements
are needed whether this development occurs or not. However, this development may
move up the timeline on some of these off-site improvements.
In his memorandum dated January 25, 2006, City Engineer Gus Psihoyos has
recommended off-site street improvements to accommodate full build-out of the
proposed condominium development. These recommended improvements include:
Langworthy and Hill intersection
. Improve the geometries to include a minimum of left-turn lanes for southbound
Hill onto Langworthy and on Langworthy westbound turning south onto Hill.
. Traffic signals in the year 201 0 or sooner if warranted.
. Remove on-street parking 50 feet from the intersection.
Langworthy and James intersection
. Improve intersection geometries.
. Remove on-street parking 50 feet from intersection.
Mazzuchelli Drive and Langworthy Street
. Realign and widen to 31 feet from Cardiff Street to Hill Street.
. Install sidewalks along south side of Mazzuchelli Drive.
In recognition of the need for these improvements, River Pointe Development, LLC has
agreed to contribute $150,000 towards the cost of these improvements.
River Pointe PUD Rezoning I Off-Site Street Improvements
Page 2
In Fiscal Year 2007, the City currently has $140,000 budgeted for traffic signal
installation for the intersection of Langworthy and Hill Streets.
The River Pointe Development, LLC payment will be $50,000 in Fiscal Year 2012,
$50,000 in Fiscal Year 2013, and $50,000 in Fiscal Year 2014.
It is intended that the remainder of the cost of the street improvements, estimated at
$125,000 to $175,000, will be recommended for funding in the City budget between
Fiscal Years 2008 and 2014.
The PUD ordinance has been revised in Section C. Performance Standards to reflect
the financial contribution of $150,000 from River Pointe Development, LLC, with
payments of $50,000 in Fiscal Years 2012, 2013, and 2014 for off-site street
improvements.
Enclosure
cc: Gus Psihoyos, City Engineer