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Reqest to Amend ID_University of Dubuque, 2255 Bennett StreetPlanning Services Department City Hall 50 West 13th Street Dubuque, IA 52001-4864 (563) 589-4210 phone (563) 589-4221 fax (563) 690-6678 TDD planning@cityofdubuque.org The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 13th Street Dubuque IA 52001 Dubuque THE CITY OF IF DUB hA,,,ro,,.„„ Masterpiece on the Mississippi March 7, 2014 Applicant: University of Dubuque Location: 2255 Bennett Street Description: To amend the ID Institutional District on not needing a privacy fence between 2224 Grace Street and 2255 Bennett Street due to pedestrian safety. 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 Keith Wipperfurth, representing the applicant, spoke in favor of the request, reviewing the need to eliminate the fence requirement was to improve pedestrian safety by allowing for an escape route. Staff reviewed the staff report, reviewing the ordinance that established the requirement for the subject fence, and noting that the ID amendment for the Heritage Center did not change the requirement for the screening fence. There were several public comments that supported the need for the fence. The property owners at 2224 Grace Street cited privacy, aesthetics, and property values as reasons for needing the fence in 2005, and are still relevant today. The Zoning Advisory Commission discussed the request, and did not believe the removal of the privacy fence was warranted. The Commission felt that the University of Dubuque's concern for pedestrian safety, while important, should not be achieved by utilizing other people's property. The Commission felt the record indicated that the privacy fence was put in to buffer the residential property from campus activity and that concern has not changed. Recommendation By a vote of 5 to 0, the Zoning Advisory Commission recommends that the City Council deny the request. Service People Integrity Responsibility Innovation Teamwork The Honorable Mayor and City Council Members Page 2 A simple majority vote is needed for the City Council to concur with the denial, or to override the denial and approve the ID Amendment. Respectfully submitted, Patrick Norton, Chairperson Zoning Advisory Commission Service People Integrity Responsibility Innovation Teamwork TI IE CITY OP DUB Masterpiece on the Mississippi ❑ Variance ▪ Conditional Use Permit ❑Appeal ❑Special Exception Limited Setback Waiver Rezoning/PUD/ID Dubuque mine hkNredkaCilY '11x1,' . N❑ •:,,, PLANNING APPLICATION FORM ❑Preliminary Plat ['Major Final Plat ❑Minor Final Plat ❑Simple Site Plan ['Minor Site Plan Major Site Plan ❑ Simple Subdivision ❑Text Amendment ❑Temporary Use Permit ❑Annexation ❑ Historic Revolving Loan ❑Historic Housing Grant Please type or print legibly in ink Propertyowner(s): University of Dubuque Address: 2000 University Avenue City: Dubuque Planning Services Department City Hall — 50 W. 13th Street Dubuque, IA 52001-4864 Phone: 563-589-4210 Fax: 563-589-4221 planningOcityofdubuque.org ❑Certificate of Appropriateness ❑Advisory Design Review (Public Projects) ❑Certificate of Economic Non -Viability ['Historic Designation: Choose One ❑Demolition in Conservation District ['Review of Preservation Alternatives Phone: 563-589-3000 State: IA Zip; 52001 Fax #: Cell #: E-mail: Applicant/Agent: James Steiner Phone: 563-589-3210 Address: 2000 University Avenue City: Dubuque state: IA Zip: 52001 Fax #: 563-589-3352 Cell #: Email; JSteiner@dbq.edu 2255 Bennett Street g Site location/address: Neighborhood Association Select Select Select Landmark: ❑Yes ❑No Existing zoning: ID - Proposed zoning: District: Legal Description: Sidwell parcel ID#) or lot number/block number/subdivision: 2255 Bennett Street Total property (lot) area (square feet or acres): 0 Describe proposal and reason necessary (attach a letter of explanation, if needed): To amend the ID district on not needing a privacy fence between 2224 Grace Street and 2255 Bennett Street due to pedestrian safety CERTIFICATION: I/we, the undersigned, do hereby certify/acknowledge that: 1. It is the property owner's responsibility to locate property lines and to review the abstract for easements and restrictive covenants. 2. The information submitted herein is true and correct to the best of my/our knowledge and upon submittal becomes public record; 3. Fees are not refundable and payment does not guarantee approval; and 4. All additional required written and graphic materials are attached. Property Owner( /'�L (�Yks Date: /3o// �Gwt� trP� � Applicant/Agent(s): Date: FOR OFFICE USE ONLY Fee: -701.°-4— Received by: Date: //MD/ill Docket: R02/05/2014) Guy Hemenway - Privacy Fence along Heritage Center Page 11 From: Keith Wipperfurth <KWipperf@dbq.edu> To: '"Guy Hemenway (Ghemenwa@cityofdubuque.org)"' <Ghemenwa@cityofdubuque.or... Date: 02/04/2014 2:21 PM Subject: Privacy Fence along Heritage Center Hi Guy and Kyle, We would like to amend the ID district requirement of a privacy fence between 2224 Grace Street (residence) and the newly completed Heritage Center due to a change from a parking lot and pedestrian safety. When the University first installed the fence in 2005 between its new parking lot and the residence it was to help provide privacy for the residence. Please see zoning minutes from March 2, 2005. With the construction of the new Heritage Center the above parking lot issue no longer exist but a student safety issue has arisen. With a retaining wall and railing on one side and an opaque fence on the other side there would be no escape route for people if needed. This is the reason why UD would like to alleviate the fence between the properties. If you have any questions, please let me know. Thanks, Keith Wipperfurth Director of Construction Management University of Dubuque 2000 University Avenue Dubuque, IA 52001 P: 563-589-3684 F. 563-589-3352 Masterpiece 011 the Mississippi Dubuque tiltd 11141001COMI 11 11 1 2(U7 •2012 •2013 February 26, 2014 TO: Zoning Advisory Commission FROM: Guy Hemenway, Assistant Planner (;A:)1 .)s SUBJECT: Request to Amend the University of Dubuque ID District Ordinance to Permit Removal of a Privacy Fence Adjacent to the Property at 2224 Grace Street. INTRODUCTION On January 14, 2014, the Planning Services Department received a written complaint from Jean Hoppman Donovan (attached), the owner of property at 2224 Grace Street that is located within the University of Dubuque's ID District. In her correspondence, Ms. Hoppman asks that the University of Dubuque be required to replace a privacy fence that ran the length of the west and south sides of her property. This fence was originally required by the Zoning Advisory Commission as a condition to an ID district amendment allowing a parking lot to be constructed on the University's campus in March of 2005. The intent was to screen the Hoppman property from the adjacent parking lot. The University removed the fence in May of 2013. The University is now asking the Zoning Advisory Commission to remove the condition that a privacy fence be required along the Hoppman property. BACKGROUND In March 2005, representatives of the University of Dubuque submitted an application to the Zoning Advisory Commission asking to amend the University's ID District to permit the construction of a parking lot at the location that currently accommodates the Heritage Center (Performing Arts Center). There was much discussion at the Commission meeting regarding the need for a buffer between the University's proposed parking lot and the adjacent residence at 2224 Grace Street owned at the time by Ms. Hoppman Donovan's mother, Helen Hoppman. At the time, the University's representative, Tracy Wagner, stated that the University created a 50 -foot buffer between the parking lot and Ms. Hoppman's property, and that they would be willing to tailor landscaping for screening purposes using input from the neighbors. At this meeting, both Mrs. Helen Hoppman and her son spoke and each asked that a privacy fence be required to screen the noise, traffic and vehicle headlights and also to mitigate the noise generated by students and to prevent students from cutting through the yard. Memo to Zoning Advisory Commission Page 2 Based on discussion during the Commission meeting, several commissioners felt that an opaque screening fence should be placed along the west and south property lines of the Hoppman property to assure privacy and protect against the noise and activity inherent on a college campus parking lot. The motion approving the district amendment included a condition requiring that a six-foot high fully opaque privacy fence be placed along Ms. Hoppman's property. The University's request to amend the district complete with the conditions imposed by the Zoning Advisory Commission was approved at the City Council meeting. The condition stating that a six-foot high fully opaque screening fence was required was included in the performance standards established in the ordinance for the University of Dubuque's 2005 ID amendment. The City Council members also reiterated the condition for the screening fence noting that the University and Mrs. Hoppman mutually agree on the location of the fence and landscaping. Subsequent to the 2005 amendment, the University applied for an amendment to permit the Performing Arts Center to be constructed at the parking lot location. The Zoning Advisory Commission recommended approval of the request and the City Council granted the request. Subsequent to that approval, the University submitted a site plan in April 2011 indicating the relocated privacy fence on both the west and south sides of the Hoppman property. The documentation that includes the 2005 Zoning Advisory Commission minutes, the 2005 amended ID district ordinance, and the 2011 Performing Arts Center site plan are attached for your review. DISCUSSION The privacy fence was relocated as part of the Performing Arts Center construction project but was removed in May of 2013. Aerial photos (attached) taken in April of 2013 show the fence at its former location. In January of 2014 Ms. Hoppman Donovan submitted a letter to the City of Dubuque asking that the fence be replaced. Subsequent to receipt of the letter from Ms. Hoppman Donovan, the University of Dubuque submitted a request to amend their ID district ordinance to remove the condition regarding the privacy fence so that they did not have to replace it. They note on the attached e-mail that the University initially installed the fence between its parking lot and the residence to provide privacy for the residence. They state that after the construction of the new Performing Arts Center, the parking lot screening issue is no longer relevant. They say there is a student safety issue, noting that the fence provided a barrier for an escape route if people needed to leave the area. CONCLUSION Meeting minutes indicate that the intent of the Zoning Advisory Commission in their 2005 approval of the parking lot amendment to the ID District was to adequately screen the adjacent residential property from the noise and activity associated with the parking lot. Although the parking lot has been replaced by the Heritage Center there is still a significant amount of noise and activity and pedestrian traffic along the sidewalk adjacent to the Hoppman property. A screening fence would help mitigate some of these impacts and provide the property with some privacy. Memo to Zoning Advisory Commission Page 2 Staff recommends that the Commission consider the request in light of the background information provided and make a recommendation to the City Council. GH/mkr Attachments Minutes -- Zoning Advisory Commission March 2, 2005 Page 6 Commissioner Roush asked if the estimated 1,000 cars per hour during the peak period was greater than the volume estimated for Wal-Mart, and if the total square footage of development for this site was larger than that of Wal-Mart. He also asked Mr. Zelinskas to explain how the traffic counts for the 16th Street and Kerper Intersection had been inverted. He asked about the original traffic analysis estimate for stacking and level of service at the 16th Street and Kerper Blvd. intersection. Mr. Zelinskas stated that split phasing would reduce the amount of traffic at the intersection. Commissioner Roush stated that traffic issues were used to deny the first proposal for rezoning at this location, and he said he wants the Commission to get it right because the neighbors originally had concems regarding traffic in this neighborhood. Commissioner Schiltz stated that he had voted to deny the former project because of traffic concerns, but he said that it appears that the original traffic analysis was based on flawed information. Chairperson Stiles stated that he was not originally concerned with traffic because he felt the meat packing company had generated as much traffic as the former proposal would have. He stated that it appears as though traffic is going to be adequately handled and that the applicant had proposed a quality development with additional green space and functional access. Motion by Schiltz, seconded by Christ, to approve the rezoning from HI Heavy Industrial to PUD Planned Unit Development. The motion was approved by the following vote: Aye — Christ, Bird, Schiltz, Roush and Stiles; Nay — None. PUBLIC HEARINGIAMEND ID DISTRICT UNIVERSITY OF DUBUQUE: Application of University of Dubuque to amend the University of Dubuque ID District to allow the construction of a new academic and administration building for property located at the northwest corner of Bennett & Algona Streets. Tracey Wagner, Vice President of Finance for the University of Dubuque, introduced Alan Burr and Tony Zelinskas. She stated that there is a need for the new economic administration building. She discussed siting, interior layout, architecture and use of the building. She stated that it will be necessary to remove 39 parking spaces to accommodate the building which will generate demand for an additional 74 parking spaces. She said that the University of Dubuque will build a 130 -space lot with two accesses in close proximity to the building to satisfy the parking demand. She said that neighbors have expressed concerns regarding access to the lot. She said the University will balance the needs of the neighbors with the needs of the student and faculty population. She stated that the proposed parking lot would exceed the standards for landscaping and setbacks. Jim Hoppmann, 763 Cody Drive, stated that he is speaking for his mother, Helen Hoppmann, who resides at 2224 Grace Street. He stated that he has concerns with the Minutes — Zoning Advisory Commission March 2, 2005 Page 7 Administration building's proposed parking lot. He stated that the traffic and parking demands generated by the new Library building have been excessive. He stated that a parking lot of this size will replace much of the existing green space with concrete next to his mother's residence. He stated that his mother has concems with noise, traffic and vehicle lights. He stated that the property value of his mother's home will be diminished and that parking in such close proximity to the house will be an invasion of privacy. He said currently, kids cut through his mother's yard. He said that he also objects to the location of the parking lot access. He said that if the Commission is inclined to approve the proposal, he asked that they condition it on a minimum 50 -foot setback for the parking lot, and that a six to eight foot high opaque privacy fence be placed along the property line from Grace to Bennett Streets. He asked the Commission to ensure that the lighting for the parking lot be sensitive to the adjacent residential properties, and that access be limited to Bennett Street. Helen Hoppmann, 2224 Grace Street, stated that she has concerns with the 130 cars parked next to her house from the hours of 7:00 a.m. to 11:00 p.m. seven days a week. She expressed concerns about the noise generated by the vehicles and students and about headlights shining into her residence. She asked that the Commission require that the entrance to the lot be from Bennett Street. She said she has concerns with her privacy. Peter Smith, 755 Sunset Ridge, stated that is an employee of the University of Dubuque. He stated that the University has grown rapidly recently and that some of the residences in the neighborhood are now surrounded by the University campus. He said that he strongly supports the Myers building project because it serves a vital purpose for the University and the community. He said that the additional parking is needed to satisfy the demand generated by the additional classroom space. He stated the University of Dubuque is an important economic development tool for the community. Joseph Bitter stated that he represents Joseph Collins at 2120 Grace Street. He stated that Mr. Collins is elderly and could not attend the meeting. He stated that Mr. Collins had many of the same concerns expressed by the neighbors. He stated that the Zoning Commission's role is to protect the people that are not being zoned. He stated that the proposed parking lot will intrude on the neighbor's privacy and diminish the value of their property. Paul Carlsen, 1324 Tomahawk Drive, stated that he is a University employee. He said that the new building will provide badly needed space for growth. He discussed the building's layout and uses. He stated that the building and associated parking is important to the continued development of the University of Dubuque. Melvin Reynolds, 2180 Grace Street, stated that he would like his property to be screened with a proper barrier to insure privacy. He stated he has not seen an elevation of the Minutes - Zoning Advisory Commission March 2, 2005 Page 8 property and is concerned with the potential impact of the parking lot on his residence. He stated that he feels the access should be limited to McCormick Street. Tracey Wagner stated that the University has created a 50 -foot buffer between the lot and Mrs. Hoppmann's property and that they are willing to tailor landscaping with input from the neighbors. She said she feels that two accesses to the lot are needed. She said that the University currently builds and maintain fences across the campus. Staff Member Kritz outlined the staff report, noting that the residential properties in question had been zoned as an institutional district for over 30 years. He said that the area was originally a residential neighborhood. He said the request is not a rezoning but a request to amend the district to allow for development of a new building and associated parking. He stated this project represents a significant on -campus expansion. He discussed existing and proposed building setbacks. He stated that reduced building setbacks tend to calm traffic. He said that the parking lot will be setback 50 feet from the Hoppmann's property line. He stated that the Zoning Commission has the authority to require conditions on development, including additional screening. Commissioner Bird said that the building setbacks are in keeping with those on the rest of the campus. He stated that he is comfortable with the 50 -foot setback and the proposed fence for privacy. Commissioner Roush stated that with the 50 -foot setback and the screening fence, or other buffer, the University has provided adequate protection for the adjacent residential properties. Tony Zelinskas, WHKS, discussed access to the lot. Commissioner Christ asked if the access could be limited to Bennett Street. Mr. Zelinskas stated that more excavation would be required, which would entail more cost and potentially less parking spaces. He said that the amount of additional excavation needed may exceed $50,000 worth of work. He stated that the existing access is about 80 feet from the residence on Grace Street. Commissioner Schiltz stated he will not support the proposed parking with the access on Grace Street. He said that screening and additional setback are necessary. Chairperson Stiles said he feels the 80 -foot separation between the entrance and the residence is adequate, and that the parking lot, when screened and setback 50 feet, is appropriate. Commissioner Bird agreed. Commissioner Christ stated that she is still concerned with the traffic generated by the parking lot emptying onto Grace Street. Commissioner Roush said he feels that the screening will alleviate potential problems with the Grace Street access. Minutes - Zoning Advisory Commission March 2, 2005 Page 9 Tracy Wagner asked the Commission to approve the amendment as submitted, but short of that, she asked that they approve the project with prohibition to the Grace Street access. Commissioners discussed placing conditions on the development. Motion by Bird, seconded by Christ, to approve the amended PUD with the conditions that: 1. A 50 -foot setback be maintained between the edge of the paved parking lot and the Hoppmann property, 2. A six-foot high, fully opaque, privacy fence be placed along the Hoppmann property line; and, 3. That no access be permitted from the parking lot to Grace Street. The motion was approved by the following vote: Aye - Christ, Bird, Schiltz, Roush and Stiles; Nay - None. Motion to amend the University of Dubuque ID District to allow the construction of a new economic and administration building as submitted. The motion was approved by the following vote: Aye - Christ, Bird, Schiltz, Roush and Stiles; Nay - None. PUBLIC HEARING\AMEND ID DISTRICnUNIVERSITY OF DUBUQUE: Application of University of Dubuque to amend the University of Dubuque ID District to allow the construction of a new addition to Goldthorp Science Hall located at the southeast comer of University Avenue and Algona Street. Tracey Wagner discussed the project with the Commission. She said this project represents a major renovation of the science hall, which has not been expanded since it was initially built in 1960. She discussed the building layout, uses and proposed landscaping. Paula Carlsen, 1324 Tomahawk Drive, spoke in favor of the request. She said that the University badly needs the additional science classroom space. Kathy Dolter, 2209 Palmer Drive, stated that there is currently a nursing shortage. She stated that the University needs the space for their ever-expanding nursing program. Staff Member Kritz discussed the parking requirements for the proposed building. He stated that there will be a reduction in the number of seating within the classrooms. Commissioners discussed the request and felt it was an appropriate addition to the institutional district. Planning Services Department City Hall 50 West 13th Street Dubuque, Iowa 52001-4864 (563) 5894210 office (563) 589-4221 fax (563) 690-6678 TDD planning@cityofdubuque.org www.cityofdubuque.org et Nct C. o3�Z1- Ds 0. D . 'Hoffmann db 014144411 i a oc . iandsaotpll} THE CITY OF DUB The Honorable Mayor and City Council Members City of Dubuque City Hall 0 50 W. 13th Street Dubuque IA 52001 March 9, 2005 RE: Amend ID District Applicant: University of Dubuque Location: Northwest Corner of Bennett & Algona Streets Description: To amend the University of Dubuque ID District to allow the construction of a new academic and administration building. 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 spoke in favor of the request, reviewing the proposed new campus building, new 130 -space parking lot and property to be demolished to provide space for the building and parking. Staff reviewed history of zoning in this portion of the University of Dubuque campus and noted provision of bioretention areas for the proposed parking lot. There were several public comments regarding screening between the Hoppmann property at 2224 Grace Street and the proposed parking lot. The speakers were concerned about loss of privacy, noise and headlight glare. The Zoning Advisory Commission received and filed a letter expressing concerns about the Hoppmann property. The Zoning Advisory Commission discussed the request, noting that the request is consistent with standards for amending an Institutional District. The Commission determined that the parking lot should be set back 50 feet from the Hoppmann property, that a six-foot high solid wood fence should be constructed for screening along this property, and there should be no access to Grace Street. Recommendation By a vote of 5 to 0, the Zoning Advisory Commission recommends that the City Council approve the request. Service People Integrity Responsibility Innovation Teamwork Ordinance No. —05 University of Dubuque Page 3 C. Performance Standards The development and maintenance of uses in this ID Institutional District shall be established in conformance with Section 3-5.2 of the Zoning Ordinance and the following standards: 1. That a 50 -foot setback shall be maintained between the east edge of the 130 -space parking lot and the property at 2224 Grace Street. 2. That a six-foot high, fully opaque wooden privacy fence be placed along the west property fine at 2224 Grace Street. 3. That there be no access from the proposed 130 -space parking lot to Grace Street. 4. New outdoor lighting for the parking lot shall utilize 72 -degree cut- off luminaries. 5. Landscaping shall be provided in compliance with Section 4-5 of the Zoning Ordinance. 6. All utilities including telephone and cable television shall be installed underground. 7. Final site development plans shall be submitted in accordance with Section 4-4 of the Zoning Ordinance. D. Parking Requirements The off-street parking requirements for the principal permitted uses for the herein described ID Institutional District shall be designated by a bracket enclosed number next to the use, as herein described: [9] 1.5 spaces for each dwelling unit [11 ] Two spaces for each dwelling unit [14] One space for each four hundred square feet devoted to office use or one space for each employee on the maximum shift, whichever is greater. [7] One space for each four permanent seats. [13] One space for each five hundred square feet of floor area accessible to the general public. [45] Dormitories - one space for each bed Gymnasiums - one space for each six permanent seats Employees - .75 spaces for each employee on the maximum shift E. Open Space and Recreational Areas .P .2 L,urccrcxuul 1t1`C-lbLNFT GRACE 5T: CONSTRUCT PC CONCRETE CURB & GUTTER - 36 LN FT 5.6' II1C-7 SEE DETAIL SHEET C5.1 TYPE 1-R WITH DETECTABLE WARNINGS SEE DETAIL SHEET C5.1 ISOLATED CONTROL JOINT BETWEEN BUILDING AND SIDEWALK 2`CS SLATED CONTROL JOINT TWEEN BUILDING AND CONSTRUCT CONC: PATIO 860 SQ.FT. •r 3 ,;. 13.7' • 11 30':00' SECTION A-A•SE SHEET C5.1 881.85 SECTION B -B SEE SHEET C5.1 CONSTRUCT CONC. SIDEWALK 11,265 SQ.FT. Ammer.. r rtsm r RELOCATED FENCE PROI CORI PAVEMENT DETAILS IOEWAIJ(5661 ARCHITECT'S 100'00" ELEVATION = ENGINEER'S 867.50 ELEVATION CONSTRUCT PC CONCRETE CURB B GUTTER' B EJ FT Alt DA6BASE TYPE 413 WITH DETECTABLE WARNINGS SEE DETAIL SHEET 05.1 CONSTRUCT PC CONCRETE CURB S GUTTER- 15LN FF GRACE ST. CONSTRUCT PC CONCRETE CURB B GUTTER -S6 LN FF 1 BMI BB BOLLARDS SEE ELECTRICAL PLANS FOR LOCATION (TYP) 56'- CONTROL POINT COORDINATES Node ID Northing fasting !DESCRIPTION 1310 3656598.72 5671/11.12 i10 51 1 GRIDLINE INTERSECTION 011 3656533-71 5677757.22 '0 8e 1 0080180E [N1E05E01100 LC1 3656702.50 5677795.39 101' CORNER 102 3656709.23 567753841 101 CORNER 5.03 365644237 5677444.40 LOT CORNER BN100 IRR SPIKE BENCHMARK EL. = 863.23 =T'PEf RWIIH DETECTABLE WARNINGS SEE DETAIL SHEET C5.1 TYPE 1-R WITH DETECTABLE WARNINGS SEE DETAIL SHEET C5.1 Z.ID8IIIIIDOIDIg.,81.Igootgagogragg.D.VDDIDDIOD.Ts46t 881.05 EXPANSIONJOINT AROUND INTAKE Pn8ENENT 6E0 DETECTABLE WARNING SEE DETAIL SHEET C51 ISOLATED CONTROL JOINT BETWEEN BUILDING AND SIDEWALK CONTROL JOINT IIYP.) TYPE A COMMERCIAL ERNE - DETECTABLE WARNING SEE DETAIL SHEET C51 5' TRANSITION FULL TO NO CURB ISOLATED CONTROL JOINT BETWEEN BUILDING AND SIBEWAI< mOO-DO 6053D0Art8 u (wnwl avy 1856416108 (w CONSTRUCT PC CONCRETE CURB & GUTTER - 200LN FT DETECTABLE WARNING ^A SEE DETAIL SHEET 05.1 V azo l7Fi 085DETAI6 5' TRANSITION FULL TO NO CURB FUO RE ADDITION PROPOSED LOADING DOCK 357 SYi' PAVEMENT 92 LF CURB & GUTTER FOR DUTAPSTER ENCLOSURE SEE ARCHITECTS PLANS 049 oVzs . NTQA PPNTER v5 GE LAMP SECTION 8-13 SHEET 051 CONSTRUCT CONC. SIDEWALK 177- 11,25550.61. 5' TRANSITION /FULL TO NO CURB DETECTABLEWARNING SEE DETAIL SHEET C53 ...tuna nceri) rca Alm PM'n Jr= EXPANSION JOINTS BETWEEN ON EACH CHANGE IN 18156RALLY COLORED CONCRETE ITYP.- 7100801ON5) INTEGRALLY / COLORED CONC. CONSTRUCT CONC. PAT0 /' 1h 5CIE I MLA, ME art am) VPAATED1111 (5, P MAMA LTA” TY,- CO 1001 JOINTS 15018100 0081001 301N BETWEEN DUMBING AND SIDEWALK Elca.mn5015m E/0115' wnr -PAW, ( u.) (Fv.vEvon bow F'5 A AV COL TYPE 1.0933111 DETECTABLE WARNING SEE DETAIL SHEET C5.1 ADA PARKING SIGN (IYP.-6 TOTAL) 017.5 SEE DETAIL THIS SHEET /( ,PROP0510 UGHTING SHEET ELECTRICAL PLAN SHEET. O9'3RANSITION OIL TO ADA CURB ISOLATED CONTROL JOINT BETWEEN BUILDING AND SIDEWALK 10309 BOX (SEE ARCHITECTS PLAN FOREXACTLOCATION)- SECTION A -A SE SHEET05.1 CONSTRUCT CONC. SIDEWALK 1120 SOFT. ADA PARKING SYMBOL (TYP.-6 TOTAL) 92 cons,' 06 TYPE 1-R WITH DETECTABLE WARNING SEE DETAIL SHEET C51 DETECTABLE WARNING SEE. DETAIL SHEET 05,1 - CONSTRUCT PC CONCRETE CURB & GUTTER -15 W FT BENNETT ADE -sreas Sr cs°01 NET n8 "'"REV ATE avED BANSOEmma FEWORATED ADA PAMMIAG MON NOTES DETECTABLE WARNING SEE DETAIL SHEET C5.1 CONSTRUCT PC CONCRETE `--^'_ 001113 E. GUTTER. 75184 FT CONTRACTOR TO MATCH HROP0550 '5680501AEN15 10 0x85155 PAVEMENT, 0050 ANO OVT1EA, ANO SOEv1ACK ELEVATIONS AT HE PT POINT NV 615 SHEET FOR PAYING AI FIC CVRD & GUTTER 5FC55085, NOTES A110 DETAILS. PROOF LIN0 0T 5080660E MALL CE CORDU0100H PRIOR SO PAVING OPERATIVES 1R0OF ROLL MOH A MCA LOADED TONIRE A X SINGLE FECAL AXLA IAAt E CAM 5 07 GF WO 6°J7101 OR UL6 OVAL LEGAL AXLE 601155 I'FICNT OF 834°50L 10: POUNDS I/OARE E TRUCK16 6000 00UDX THAN 0 MPH A 06 0011 OF ERLRV TWELVE f2.01 CH N0ASURE SHALL SE EOHS DT5 1 0 801elE IF. u150 8 OPERATION OUTS OF THE LO THE SURFACE NAME A PASS - SHOWS MELDING OR RUEPNO OF MORE THAN 0 INCHES MEASURED FROM THE IOP TO THE oO110A1 OF RV AT MF OUTSIDE EDGES ALL 05560665 SHALL HAVE A 10A1MVN 05 08055 EI.WU P 4 SAWED C6ROLRON .OUTS. SAWED JOINTS SHALL RE SPACED A DIs155CF NODAL TO VIE RODEN OF 1HE 150661N LOICREI2 FOR ALL 55080105 SHALL INCLUDE 10VD8ESn 950 0ACRO-mSnIrnc HEFR BLEND Al A DINE 065L5.548518105 RAC OF 11006000 00810 YARD. A L B u b s As 608 INET SVEc6cnnPls, COPE TRACTOR 15 RESPOTIEBL0 AND SHALL PROVIDE ALL NEE Tannic ta'naa 608 051518 um1o.9 RER CFTC OF 00605VE5 61:0015060105 Alm SHALL 00580151610 NIIH THE 0110 0UCOEERwG. POLICE AND FIRE 0EPAR1001615 THE 50AIP5RR MUST 8E FULLY SACLo560. 8806616102088056I615805068008085018010 FOR EACH TV PE87089IN0 ARE O THE PAH HIRG 101. STEPS SEE SHEETCS:1=:-.-.. FOR DETAILS RELOCATED FERC STEPS SEE SHEET C5.1 FOR DETAILS PROPERTY CORNER TYP. HOME 5CALE. 1 = 15' 0 16' 3: LEGEND w". 31 Nor: �[lE L o 0 00,0000 61016,.1E 942:5800;'€.0""1” rp] PR0P05E1 Itrt.WE -s- PROPOSED FENCE -P- PROPOSER CIVIDRAIL v LJ 5)11010 685680 6a 68000 nyYA 0 0)DU In Qa5U. Arch! tea. OEM 1 V z 0: 0 41 w m C7 z No 0 0 w°r C ro W > z z LL 04/2881 ET DH 10627 PAVING PLAN C5.0 Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St Telephone: 589-4210 Return to: Kevin Firnstahl, City Clerk Address: City Hall- 50 W. 13th St Telephone: 589-4121 ORDINANCE NO. 14 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY PROVIDING FOR THE APPROVAL OF AN AMENDED CAMPUS DEVELOPMENT PLAN FOR THE UNIVERSITY OF DUBUQUE ID INSTITUTIONAL DISTRICT TO ALLOW REMOVAL OF A PRIVACY FENCE BETWEEN 2224 GRACE STREET AND 2255 BENNETT STREET. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, be amended by providing for the approval of an amended campus development plan for the University of Dubuque ID Institutional District, a copy of which is on file with the City of Dubuque Planning Services Department. Section 2. Institutional District Regulations. A. Use Regulations The following regulations shall apply to all uses made of land in the above-described ID Institutional District: 1. Principal permitted uses shall be limited to: a. Offices for administrative personnel or other institutional employees and affiliates. b. Churches, libraries, and museums. c. Classrooms, laboratories, lecture halls, and similar places of institutional assembly. University of Dubuque Page 2 d. Off-street parking and loading. e. Recreational or athletic facilities for the primary use and benefit of institutional residents or affiliates. f. Single-family, two-family or multi -family dwellings for the housing of institutional residents or affiliates. 2. Accessory Uses. The following uses shall be permitted as accessory uses in the above-described ID Institutional District. a. Located entirely within a principal building, bookstores, or bars seating not more than seventy-five (75) persons at one time and located not closer than two hundred feet (200') from the nearest Residential or Office Residential District. b. All uses customarily incidental to the principal permitted uses in conjunction with which such accessory uses operated or maintained, but not to include commercial use outside the principal building. 3. No conditional uses shall be allowed. B. Lot and Bulk Regulations Development of land in the ID Institutional District shall be regulated as follows: The proposed Performing Arts Center and proposed parking lot at the corner of Bennett, McCormick and Grace Streets shall be constructed in substantial conformance with the attached amended campus development plan. C. Performance Standards The development and maintenance of uses in this ID Institutional District shall be established in conformance with Section 5-22 of the Unified Development Code and the following standards: 1. The storm water control shall be designed and built in accordance with City Regulations subject to review and approval by the City of Dubuque Engineering Department. 2. That appropriate erosion and sediment control will be installed prior to commencement of any land disturbing activity related to the subject project, including all required state and city permits related to erosion control. University of Dubuque Page 3 3. New outdoor lighting shall utilize 72 -degree cut-off luminaries. 4. Landscaping shall be provided in compliance with Article 13 of the Unified Development Code. 5. That the privacy fence between 2224 Grace Street and 2255 Bennett Street can be removed. 6. All utilities, including telephone and cable television, shall be installed underground. 7. Final site plans shall be submitted in accordance with Articles 12 and 13 of the Unified Development Code. D. Parking Requirements The off-street parking requirements for the principal permitted uses for the herein described ID Institutional District shall be regulated as follows. 1. The number, size and layout of off-street parking shall be in substantial compliance with the amended campus plan. 2. The design of the parking lot shall comply with Article 13 of the Unified Development Code. 3. Any significant expansion or reduction in the number of off-street parking spaces must be reviewed by Planning Services staff for compliance with the adopted Institutional District regulations. E. Sign Regulations The sign regulations shall be the same as that which are allowed in the ID Institutional District as established in Article 15 of the Unified Development Code. F. Additional Standards That all previously approved campus development plans are hereby amended to allow for the attached campus development plan. G. Transfer of Ownership Transfer of ownership of property in this ID Institutional District requires rezoning of the property to an appropriate zoning district. University of Dubuque Page 4 H. Modifications Any modifications of this Ordinance must be approved by the City Council in accordance with zoning reclassification proceedings of Article 9 of the Unified Development Code. 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 Attest: day of 2014. Roy D. Buol, Mayor: Kevin Firnstahl, City Clerk January 14, 2014 Planning Service Department Zoning Advisory Commission C/O Mr. Guy Hemenway 50 W 13th Street Dubuque, Iowa 52001 563-589-4100 EQ_ClwEfi JAN 1 5 2011 19) PLANNING SERVICES DOC11/EIRTMCNT Dear Zoning Advisory Commission: This request is regarding the Hoppmann property at 2224 Grace Street and action taken by the University of Dubuque in May 2013. In 2.005, the University of Dubuque requested approval to build a Targe parking lot next to the 2224 Grace Street property. Later it requested approval to remove the parking lot and build The Heritage Center in the same location. The official papers granting the University the right to proceed with both projects was conditional requiring the construction of a privacy fence to protect the owners at 2224 Grace Street. In May 2013, the University, with no regard for, or notice to the owners at 2224 Grace Street, disassembled and removed the required fence which the University had just put back up after completing the construction of the Heritage Center. The owners of 2224 Grace Street hereby request that the Zoning Advisory Commission require the University of Dubuque to reassemble the same fence they took down in May in a very timely manner. I look forward to your prompt action on this request. Please keep me advised. We thank you for your time and consideration in this matter. Sincrely Jean Hoppmann Donovan 414-476-3471 2324 Menomonee River Parkway Wauwatosa, WI 53226 4pon/ n In 464 eieI/ =#- 6Rae,- �'�� 0 AriCtort ;7---)Z-- .21/ 41E4P....`4` , .1. 4'. 44r t C.4-1 0t *xitVP c ' I \'1 1 • 0- . 4-e?kein IQ/ 31rvij j 4 r di 4 1,,,..t..31,....1..--., iik•O'•.‘s 1 *'''•"•1),1:kit\P"'N‘liNV,i' i.---.Ak.',7?.:.,11 •IllakkO' t,r,iti 4 .t,i 1 t:difil '11,',IAN N E. .14'11-.--: C 4:r • 1 0C:1,s; 45AV ir utiTr, •,1;,,,.,-,, ,%:11:40._ gs. oe, I wimciatA! JO 0 fra IV a - op_ trVP1 51e/eZ-0,-. ik Pnn x; --iv Iei)G 111. CJia i 1 Gl j o1 cvi5 irl� ince %,� i v .)ii? (74 A bI L2 vica) poi9ma44 piezy,&)4y .04-eeinei 1101910/710 ri A6/pe hi6) ipac7 (26inn r)4\ • ) 1,41 ) . h td i 1 lidtr ),. % 141 t ; 1:'-» v.u.o20; Vdrei 104001111 11'6,t‘ 7s"7,74: 4...- A.:A •••••7 4 • :1•4p. I 41- " A .a4i2t0f/iTigQi 111 ,ixas • e / iTI • i 4if i . I _Pit, s•-•1 snei ; c ,9 L a II I/ 0 4- 0111dca.6 -S(-1 I b-1 14 befit/le/Cul176),--) ex.14,J 14 711 a_ March 5, 2014 Dubuque Iowa Zoning Planning Commission Meeting Background on Privacy Fence @ 2224 Grace Street @ the March 2005 Zoning Advisory Commission Meeting 1. University representative Tracy Wagner stated: o ...Promised a 50 -foot buffer setback between the parking lot and the Hoppmann property. o ...Promised tailor landscaping for screening purposes. o ...Stated the university builds and maintains fences across the campus. 2. Jim Hoppmann presented: o ...the library has created excessive foot and car traffic and additional lighting. o ...the parking lot will add even more noise, pedestrian traffic, car traffic, and excessive lighting. o ...loss of green space. o ...requested a large setback, special lighting, landscaping and A PRIVACY FENCE. 3. Helen Hoppmann presented: o ...concerns for noise, lighting, students and other pedestrian traffic and LOST OF PRIVACY. o ...students cutting though the yard. o ...requested a large setback, special lighting, landscaping and A PRIVACY FENCE. 4. The Zoning Commission: o Staff Member Kritz stated the lot will be setback 50 feet from the Hoppmann property line and require conditions on development, including additional screening. o Commissioner Bird stated he is comfortable with the 50 -foot setback and the proposed fence for privacy. o Commissioner Roush stated the need for the setback and screening fence. o Commissioner Schlitz stated the setback and screening are necessary. o Chairperson Stiles said the screen and setback were appropriate. The motion carried stating the condition requiring a six foot high, fully opaque, privacy fence on the south and west of the Hoppmann property plus setback and landscaping. Subsequent to the 2005 Amendment 1. The University applied for an amendment to permit the Performing Arts Center to be constructed at the parking lot location. 2. Subsequent to approval, the University submitted a site plan in April 2011 indicating the relocated privacy fence on both the west and south sides of the Hoppmann property. Mr. Keith Wipperfurth's Proposal 2/4/14 Mr. Keith Wipperfurth states"...with the construction of the new Heritage Center the above parking lot issue no longer exist..." I would like to address the issues that existed with the parking lot which now exist with the Heritage Center, only worse. 2 1. Privacy... a picture is worth a thousand words. Please look at the picture we have provided and see what it is like to live in a fish bowl. a. Originally the parking was at grade level. And we were rightly concerned about our privacy. Now there is a two story building with a full glass "wave" along the second floor facing the west side of the Hoppmann home and looking with ease into two bedrooms, the front room and the kitchen. Any action in the front or backyard is subject to the eyes of 1600+ students, facility, grounds people, to say nothing of the hundreds and hundreds of people attending the numerous events at the Heritage Center. This is not acceptable. PRIVACY is an enormous problem. It is present 24 hours per day, 7 days per week, 52 weeks a year. 2. Lighting...we are living under the continuous glare of lights, both inside and outside. Our backyard is lite like the University of Dubuque's stadium during a football game. Light seeps into the bedrooms even with darkening shades and the first floor has a constant flood of light. LIGHTING is a HUGE issue; it is now lighting pollution. It exists all night long, every night of the year. 3. Traffic...pedestrian and other. o 1600+ students, facility, ground crews, Heritage Center attendees, sports fans. o The main walkway from Bennett to Grace Street is next to our house. o Maintenance trucks and motorized carts used by the University throughout the campus daily. o Delivery trucks arriving and departing from the Heritage Center daily. o Student cars. TRAFFIC is an issue, only worse. 4. Noise....all the items listed under traffic creates a great deal of noise! NOISE, of course, still exists. 5. SECURITY... a new and significant issue. The University now owns every square foot of property in this block except the Hoppmann property. There are no more neighbors to watch out for each other. No neighbors to band together to protect their rights from issues that comes with co -existing with a very large and powerful institution, the University of Dubuque. The world has a clear view of the house and unimpeded access. 6. PROPERTY VALUE...a continuing and significant issue. Everything the University has done, such as the change of zoning from residential to institutional over 30 years ago and a plethora of others, has been harmful to property value. The removal of the fence reduces the salability of the property. Privacy, lighting, traffic, noise, security and property value are basic fundamental right due each citizen of the City of Dubuque, including those at 2224 Grace Street. 1 do not think I have to draw a picture more than I already have. Thoughts Regarding Pedestrian Safety 1. It is presumptuous of the University of Dubuque to utilize our yard as their escape route. 2. I assume the architectural company would have recognized this as a safety issue, if it was such, and altered the plans. 3. The University owns the land on the east side of 2224 Grace Street. There is ample room for a sidewalk with no obstructions to the east. Thoughts on the Relocated Fence 1. The site plan for the Heritage Center shows the relocated fence requirement and location. 2. Pictures show the fence in place by the University of Dubuque after the completion of the Center in later winter/early spring 2013. 3. Pictures show the absence of the fence in May 2013. This is a violation of the ordinance. 4. The University's removal of the fence is suspicious. CONCLUSION My family has lived 2224 Grace Street for 70+ years. We have fought to preserve our home and co -exist with the University of Dubuque as long as I can remember. It has been a losing battle and a very slippery slope. Nine years ago, the University only wanted a parking lot. They agreed to and were required to give us: landscaping, a 50 foot setback, and a 6 foot, fully opaque privacy fence on the south and west sides of the property. Today we have a 2 story ENORMOUS $35 million Heritage Center sitting feet away from our home. Gone are many promises but that is the way the University works. BUT THE PRIVACY FENCE WHICH WAS A CONDITION FOR THE CONSTRUCTION OF THE CENTER IS GONE. IT WAS REQUIRED BY ORDINANCE. It was up April 2013; it was gone May 2013. We were not notified. Was the city? The University of Dubuque stands in violation. We request the support of the Zoning Planning Commission and the Common Council on March 17 to require the University of Dubuque to reassemble the relocation fence on the south and west sides of our property as soon as possible. Thank You Jean Hoppmann Donovan IN THE DISTRICT COURT OF IOWA IN AND FOR DUBUQUE COUNTY Certification of Publication CITY OF DUBUQUE, IOWA OFFICIAL NOTICE NOTICE 15 HEREBY GIVEN that the Dubu- que City Council will conduct a public hear-' ing at a meeting to commence at 6:30 p.m. on March 17, 2014, in the Historic Federal Building, 350 West 6th Street, on the follow- ing: Requests to Rezone Request by David Link to rezone property at 2497 Jackson Street from R -2A Alternate Two -Family Residential to C-4, Downtown Commercial , Zoning District. Request to Amend ID {Institutional Dis- trict Request by the Uni- versity of Dubuque, 2255 Bennett Street to aniend the ID Institu- tional District on not needing a privacy fence between 2224 Grace Street and 2255 Bennett Street due to pedestrian safety. Written comments re- garding the above pub- lic hearings may be submitted to the City Clerk's Office on or be- fore said time of public hearing. At said time and place of public hearings all interested citizens and parties will be given an oppor- tunity to be heard for or against said actions. Copies of supporting documents for the pub- lic hearings are on file in the City Clerk's Of- fice and may be viewed during normal working hours. Any visual or hearing impaired persons needing special assis- tance or persons with special 'I accessibility needs should contact the City Clerk's Office at (563) 589-4100 or TTY (563) 690-6678 at least 48 hours prior to the meeting. Kevin S. Firnstahl, CMC, City Clerk 7 I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following date(s): ei O 7 p 2-0 i4 and for which the charge is $ 20. 2_ Subscribed to before me, Notary Public in and for Dubuque County, Iowa, this iehte day of , 20/ MAC -1Y K. WESTERMEYER Commission Number 154885 My COMM Exe. FEB, 1, 2017 Notary blic in and for Dubuque Canty, Iowa r -I Z 1 ,‘ Zie A • * 4.11 - 3 4 ttat 044jelLid 114 j'al"11‘t ' — 5 March 10, 2014 Mayor Roy Buol City of Dubuque 50 W. 13th Street Dubuque, IA 52001 Dear Mayor Buol: On March 17, 2014, The Dubuque Common Council will be ruling on the University of Dubuque request to NOT replace the fence they illegally took down on the south and east boundaries of the Hoppmann property at 2224 Grace Street. Since the University of Dubuque choose to intentionally violate a requirement by removing this fence, and as you are Director of Grounds for the University, you appear to have a significant conflict of interest as it relates to this matter. Being an alumni of said institution only increases your ties and allegiance to it. The owners of 2224 Grace Street hereby request that you recuse yourself from voting on this issue. We ask, Mr. Barry Lindahl, City Attorney, to issue an opinion relative to your conflict of interest and ability to vote. SiryFerely/ can Hopp nn Donovan 2324 N. Menomonee River Parkway Wauwatosa, WI 52001 414-476-3471 www.ieanannmarie@msn.com C Dr. Harold Hoppmann, Mr. James Hoppmann, Mr. Terrance Hoppmann C Mr. Barry Lindahl, City Attorney C Mr. Michael Van Milligen, City Manager C Attorney Michael J. Donovan ..e'‘ •i. 1