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Tanzanite Drive PUDPlanning Services Deparhnent City Hall 50 West 13th Street Dubuque, Iowa 52001-4864 (563) 589-4210 office (563)589-4221 fax (563) 690-6678 TDD planningQcityofdubuque.org www.cityofdubuque.org The Honorable Mayor and City Council Members City of Dubuque City Hall - 50 W. 13th Street Dubuque IA 52001 THE CITY OF ~~ ~~~~T~ ~~ ~ a/ February 9, 2007 r-, RE: Amend PUD Applicant: Ron Klein, Klein Construction Ca Location: Tanzanite Drive (Lot F of Emerald Acres No. 4) Description: Amend the PUD Planned Unit Development District to allow 42 two-unit townhouses with revised access and setbacks. 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 layout and access to Tanzanite Drive. Staff reviewed past rezoning requests on the subject parcel, existing and anticipated traffic volumes on Tanzanite Drive, proposed access points, and impervious area of the proposed development. There were several public comments regarding density of the proposed development, traffic problems and water pressure issues in the Tanzanite Drive area. The Zoning Advisory Commission discussed the request, noting that they had previously reviewed requests that would have increased the density of the subject parcel and had not supported those requests, and believed the current request would adversely impact adjacent property because of the density and reduced amount of permeable area. Recommendation By a vote of 4 to 0, the Zoning Advisory Commission recommends that the City Council deny the request. Service People Integrity Responsibility Innovation Teamwork Tanzanite Drive rezoning February 9, 2007 Page 2 A simple majority vote is needed for the City Council to concur in the recommendation to deny the request. A super majority vote is needed for the City Council to approve the request. Respectfully submitted, J ~-~~ m~ Jeff Stiles, Vice Chairperson Zoning Advisory Commission Attachments cc: Gus Psihoyos, City Engineer Bob Green, Water Department Manager UtL-~-C/J~b lb~ CC `KLJI"t: ~Ltil'1 ~.,IJf X51 KiJ~. 11Lrt'~1 ;5b.3-~ _ C-c'C~~+~ ' ~J~ ~~b~~J~~C~ r, C ~~ +~~a P'len~lt9g ServlC~es rotten! ~~ C+~bl~ue, LI 520~1~'d81~! Pt1011~ SIf3-S89-0~in t,~~ y~ ~,,,;,,~t hut: 589-584~F221 ^"'~' ~~""~ PLANNI#~iG I~ptY+CAYYON FORM . vrrrroe Carl C1:an+p~ ~~ Pas ~ .the Pete Planned a~kt Ql~Inor ~ Platn en~porer~r uw arsntt preikninesy Ph! ~] Maur Ste Plan o! ~o+Ne I~brrVlahliRy ES~fdDfl 1~91gr 1'ltlii AI/t ^ MMJpr !lrYri PlaE _ of Ap~xop~ater~esa ^Wdted Sill9aek'~ielwa' eQ Artirendment ©Skeopie ~ C7Cet~er; Prb{~dtY owr~erts)c ~~ ~~~~~~-~~c~. ~ .' a~.:.~r~~P~ F~cc Number: -~ ~~ N-~rEber: 0?l3 • a~l7 3 -„ _ _ nPd~- _I k ~~J ~/t'~iN' ~:"c~ls~xvcr~[u1 Pnane: _~_~._»__ ,add„eu: ~t E - - - cry; 91ste: ma F'~c Number, S~ MoaNVC~arr Nurar~ber: ~A,NI rC sloe ~o~eaav= =T~~4Nrr~ ?~~a-y~ - - Aso zonna ___...._ z ~ .~ Y 7't*~l ,- t~ ~. c=am ~ ~ ~~: 1,~5, ~ ~~-~ ~~ Ana d a~Mr~eMon, K nede~. mr>~cancsw iM+e, ~ ~, ~ t+~'f- mar 1. 'ma IA~aert~tlOn stsbrr~ilbd t+rresr~ a ave and ax~a~ct ~ the ee~t of rn~r/cwr knc~yrtiledpe a„a urpwa Z, ~ r~ art r+ot roRini~te errs psyrr+oret does r~ ~aranaea ~praaai; ar>a 3. Ni eddtiane~ neyutnea,wrlt~en and ~~ n~eri~Fa ~. ' F~rnoarh+ C)rMr~~}: oes~ ~,~ ~~--C'tr. Appsant/ Oee~ I~E1N O>~+Ci ikPiE 0 .Y - AP~t. N 3tillM.tT1'AL ~CIGLT~1' F~rr.~~,'R~ecMwd byr: ~ O~aCe: - Z 'd Ooda~ _.,.~„~,._, Cl~elewecd+ pan C'~ ~ ~ ~ C Qaat ~* piano CJD~Ign r~vv p~ect deaiaipeon pFladr pan Clat+er:........_.~._ yr il~~` f~~, ~y; ~ ; ~ ''`'~' M ,~ '- ~ ~~ r.~ ieti ,' ~ r Fla ~r PLANNED DISTRICT STAFF REPORT Zoning Agenda: February 4, 2007 Property Address: 600 Block of Tanzanite Drive Property Owner: Klein Construction Company Applicant: Ron Klein Proposed Land Use: Residential Existing Land Use: Adjacent Land Use Vacant North -Residential East -Residential South -Residential West -Residential Flood Plain: No Water: Yes Storm Sewer: Yes Proposed Zoning: PR Existing Zoning: PR Adjacent Zoning: North - R-1 East - R-1 South - PR West -County Business Total Area: 3.8 acres Existing Street Access: Yes Sanitary Sewer: Yes Previous Planned District: The subject property was originally zoned PUD Planned Unit Development with a Planned Residential designation in March 1999. The subject parcel was governed by R-3 district standards. In November 2003, the PUD was amended by approving a conceptual plan that provided for construction of 40 townhouse dwellings (20 two-unit buildings) with half the units accessed by private drives. In December 2005, an amendment was proposed to increase the number of dwelling units from 40 to 68. This request was subsequently withdrawn by the applicant before the Zoning Advisory Commission made a recommendation. In January 2006, an amendment was submitted that would restrict development of the subject parcel to the two-unit town home concept approved in 2003. The option to develop the property under R-3 District standards was removed at this time. Purpose: The current proposal is to allow construction of forty-two (42) townhouse units served by three (3) private drives on the remaining 3.8 acres of the subject parcel, legally described as Lot F Emerald Acres No. 4. Property History: The subject property was used for agricultural purposes until it was rezoned in 1999 to allow for development of residential zoning units. Physical Characteristics: The property drains to the southwest with the high point of the property being near the northeast corner of the site. Planned District Staff Report - 600 Block of Tanzanite Drive Page 2 Conformance with Comprehensive Plan: The subject property is designated in the Comprehensive Plan for multi-family residential development. The proposed development involves the following Land Use Element Goals: 1.1, 1.2, 1.5, 9.1, 9.5, 9.6 and 9.7. Staff Analysis: Streets: The proposed PUD amendment does not include any changes to the existing street network. Tanzanite Drive and Sapphire Circle currently serve the subject property and are maintained by the City of Dubuque. Tanzanite Drive is designated as a collector street with 60-foot of right-of--way and 37 feet of paving, while Sapphire Circle is built to City residential street standards of 50-foot right-of- way and 31 feet of paving. Sidewalks: Sidewalks will be installed on all public streets as per City of Dubuque regulations. Sidewalks are installed as adjacent lots are developed. Parking: Off-street parking will be required as part of the development of each of the lots within the PUD district. Lighting: Lighting for each parcel will be regulated by existing City of Dubuque Regulations. Signage: No change proposed. Bulk Regulations: The subject parcel will be developed in substantial compliance with the submitted conceptual plan. Permeable Area (%) & Location (Open Space): The proposed development pattern will cover approximately 51 % of the 3.8 acres with impermeable surface. Landscaping/Screening: None proposed. Phasing of development: None. Impact of Request on: Utilities: Existing utilities are adequate to serve the proposed development. Currently, water pressure at the highest elevation of this area is 18-20 psi. This is at the low side of adequate. This issue will be improved once the new water tower is built near Roosevelt Road. Planned District Staff Report - 600 Block of Tanzanite Drive Page 3 Traffic Patterns/Counts: Tanzanite Drive is classified as a collector street. Based on 2005 IDOT vehicle counts, 2,070 average daily trips were recorded. Vehicle trips generated by the development will increase if the amendment is approved. Approximately 246 average daily trips will be generated by the proposed 42 dwelling units. Public Services: Existing public services are adequate to serve the site. Environment: Staff does not anticipate any adverse impacts to the environment provided adequate erosion control is provided during all phases of construction. Adjacent Properties: Approval of the requested PUD amendment will increase the number of vehicle trips on Tanzanite Drive. CIP Investments: None proposed. Staff Analysis: The applicant, Ron Klein, is proposing to amend the PUD for Emerald Acres to facilitate the development of 42 new dwelling units. The development will be comprised of 21 two-unit townhouses. Eighteen (18) of the buildings will be arranged on either side of one of three private drives connected to Tanzanite Drive. The remaining three (3) buildings will have direct access to Sapphire Circle. The proposed buildings will be sold as townhouses and thus each dwelling unit will be on its own lot. Lots fronting on Tanzanite Drive and Sapphire Circle will have the required frontage. The resulting interior lots for those units will not have frontage on a public or private street. This arrangement is similar to the concept plan approved in 2003 for this site. Approval of the proposed conceptual plan will allow the City Planner to sign-off on the lot splits when they are submitted. Equity Buildings/Peter Eck received approval in November 2003 to amend a Planned Unit Development with Planned Residential designation to develop 40 new dwelling units on property north of Tanzanite Drive. The PUD allowed for construction of two- unit town homes arranged with access either to Tanzanite Drive or with access to one of four private roadways. Equity Buildings/Peter Eck propose in December 2005 to build four-unit dwellings rather than the two-units approved in 2003. This would have increased the total number of units from 40 to 68. In January 2006, an amendment was approved restricting development of the parcel to the conceptual plan approved in 2003 allowing a total of 40 dwelling units on the 5.3 acre parcel. Attached to this staff report are copies of the minutes where the Commission considered the various proposals for this property. City Engineering has reviewed the submitted conceptual plan and does not object to the proposed number of curb cuts along Tanzanite Drive. Each dwelling unit will have a minimum of two off-street parking spaces as required by the City Zoning Ordinance. The proposed PUD amendment will increase the number of anticipated vehicle trips Planned District Staff Report - 600 Block of Tanzanite Drive Page 4 generated from this parcel. The number of average daily trips could increase by approximately 82. This number is based on 5.86 trips per unit as provided in the Institute of Transportation Engineers Trip Generation Manual. The draft of the amended PUD ordinance does include reference to the proposed layout of the submitted conceptual plan. In addition, Planning staff is recommending that a site plan be submitted for the entire 3.$ acre site. While duplexes are not required to go through site plan review by the Zoning Ordinance, because of the density and topography of the subject property, staff believes a detailed civil engineered site plan is necessary to avoid drainage and site development problems. Planning staff recommends that the Zoning Advisory Commission review Section 3-5.5 of the Zoning Ordinance that establishes criteria for the review of Planned Unit Developments. Prepared by: ~ Reviewed: d/ Date: •.Z~I•~"~ --~~- - Prepared by: Laura Carstens. City Planner Address: Citx Hall, 50 W. 13th St Telephone: 589-4210 Return to: Jeanne Schneider, Citv Clerk Address: City Hall- 50 W. 13 St Telephone: 589-4121 ORDINANCE NO. -07 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY PROVIDING FOR THE AMENDMENT OF ORDINANCES NO. 10-99, 96-02, 86-03 AND 14-06, WHICH ADOPTED REGULATIONS FOR THE EMERALD ACRES PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PR PLANNED RESIDENTIAL DESIGNATION AND APPROVING AN AMENDED ORDINANCE FOR THE EMERALD ACRES PUD PLANNED UNIT DEVELOPMENT DISTRICT. 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 providing for the amendment of ordinances 10-99, 96-02, 86-03 and 14-06, which adopted regulations for the Emerald Acres PUD Planned Unit Development District with a PR Planned Residential designation, and approving an amended Ordinance for the Emerald Acres PUD Planned Unit Development District, a copy of which is attached to and made a part hereof, to wit: Lot F Emerald Acres No. 4, and to the centerline of the adjoining public right-of- way, all in the City of Dubuque, Iowa. Section 2. Emerald Acres Planned Unit Development District Regulations. A. Use Regulations The following regulations shall app{y to all uses made of land in the above-described PUD District: Principal permitted uses for Lots 5 thru 27 Emerald Acres #2 shall be limited to: a. Single-family detached dwellings - [11 ] Emerald Acres PUD Page 2 2. Principal permitted uses for Lot F Emerald Acres No. 4 shall be limited to: a. Two-family dwelling (duplex)-[11]. b. Townhouses (maximum two (2] dwelling units)-(11]. 3. Principal permitted uses for Lots 1-1 thru 2-4 of Emerald Acres No. 5 shall be limited to: a. Single-family detached dwellings - [11] b. Two-family dwelling (duplex) - [11] c. Multi-family dwelling (maximum six [6] dwelling units) - (9] d. Townhouses (maximum six [6] dwelling units) - [11] [ ]Parking group -see Section 4-2 of the Zoning Ordinance. 4. Accessory uses shall include any use customarily incidental and subordinate to the principal use it serves. B. Lot and Bulk Regulations Development of land in the PUD District shall be regulated as follows: 1. Development of Lots 5 thru 27 Emerald Acres #2 shall meet bulk regulations set forth in the Zoning Ordinance for the R-1 Single- Family Residential District. 2. Development of Lot F Emerald Acres No. 4 may proceed in substantial conformance with attached conceptual plan. 3. Development of Lots 1-1 thru 2-4 of Emerald Acres No. 5 shall meet the bulk regulations set forth in the Zoning Ordinance for the R-3 Moderate Density Multi-Family Residential District. C. Performance Standards. The development and maintenance of uses in this PUD District shall be established in conformance with Section 3-5.5 of the Zoning Ordinance and the following standards: 1. Proposed public streets in the Planned Residential development shall be designed and built to City Engineering specifications. 2. Tanzanite Drive shall be constructed to a width of 37 feet. 3. Erosion control devices shall be provided during all phases of construction of the Planned Residential development. Emerald Acres PUD Page 3 4. Parking requirements for allowed uses shall be as per the parking group for the designated use, in accordance with Section 4-2 of the Zoning Ordinance. 5. Sidewalks shall be provided adjoining all public streets. 6. Storm water control facilities will be installed as per City Engineering requirements. 7. Final site development plans shall be submitted in accordance with Section4-4 of the Zoning Ordinance prior to construction of any buildings. D. Open Space and Recreational Areas Open space and landscaping in the PUD District shall be regulated as follows: 1. Those areas not designated on the conceptual plan for development shall be maintained as open space, as defined by Section 8 of the Zoning Ordinance, by the property owner and/or association. E. Sign Regulations. Signs in the PUD District shall be regulated as follows: 1. Signs shall be allowed in the Planned Residential development in accordance with the R-1 Single-Family Residential District regulations of the Zoning Ordinance. F. Additional Standards. 1. That a site plan shall be submitted for Lot F Emerald Acres No. 4 as per Section 4-4, Site Plan Review Provisions of the City of Dubuque Zoning Ordinance. 2. That the attached conceptual development plan shall constitute a preliminary subdivision plat, in accordance with Chapter 42, Subdivision Regulations, of the City of Dubuque Code of Ordinances. 3. That the address of each dwelling unit shall be clearly displayed along Tanzanite Drive. 4. That the property between the south right-of-way line of Tanzanite Drive and the south property line of Lot 2 of Lot 1 of SE'/4 of SE'/4, Section 2 must comply with the regulations adopted for Alpine Heights Mobile Home Park Ordinance No. 72-98. Emerald Acres PUD Page 4 G. Transfer of Ownership. Transfer of ownership or lease of property in this PUD District 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. 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. Recording. A copy of this ordinance shall be recorded at the expense of the property owner with the Dubuque County Recorder as a permanent record of the conditions accepted as part of this reclassification approval within forty-five (45) days after the adoption of this ordinance. 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, and at such time that the herein described property is legally annexed into the City of Dubuque, Iowa. Passed, approved and adopted this day of 2007 . Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk January 27, 2007 Mr. Kyle Kritz Planning Services Department City of Dubuque 50 West 13t" Street Dubuque Ia. 52001 JAN 3 0 2001 cITY o~ Dug~auE PLANNI~•!G SERVICES DEPART^,~ENT Re. PROPOSED ZONING CHANGE FOR LOT F. of EMERALD ACRES No. 4 Dear Mr. Kritz and Planning and Zoning Commission Members: Approximately one year ago the Planning and Zoning Commission stopped Mr. Peter Eck from proceeding with the development of a high density multi-family housing project due to traffic, parking, lack of green space and the inadequate water supply and pressure in the Tanzanite and Sapphire Cr. area. The plan being put forth by Mr. Ron Klein falls into the R2 zoning for town home development but does not meet lot size, setback and other requirements for R2. This plan as put forth maximizes the number of units on the affected property with no regards to lot size, green space, adequate parking, and additional water runoff. This proposal maximizes Mr. Kleins profit at the expense of the home owners in the area. Since February 06 the City of Dubuque has not adequately addressed one of the major issues, that of water supply and pressure in the area. Mr. Robert Green, Water Department Manager said the proposed water tower on Roosevelt Road and Tanzanite area has been put off to 2010-2011. This is unacceptable! There is also a secondary problem maintaining a residual chlorine of .3 mg/1 in the water mains on Roosevelt Road and Tanzanite Drive area to meet LD.N.R. requirements that insures the safety of the water supply in this area. This is a direct result of the lack of an adequate water system to compensate for the elevation difference and distance from the Eagle Point water tower. We are opposed to the rezoning of this parcel of land from R2 to P.U.D. for the following reasons: 1. a high concentration of units in a small area; 2. a lack of green space and apark/play area; 3. increased traffic on a street that is plagued with off street parking and speeding issues; 4. a lack of adequate parking that will add parking to the proposed driveways and Tanzanite Drive; 5. the additional water runoff; 6. lack of water pressure and supply in the area that, will contribute to fire safety and human health issues; and 7. the elevation difference between Sapphire Cr. And Tanzanite Dr. will lead to unacceptable driveways for the housing units or the addition of a 20ty to 30ty foot high retaining wall between lot F. and properties on Sapphire Cr. We respectively request that this property not be rezoned to P.U.D. and that the existing R2 classification be retained and all requirements for R2 be followed. Thank you for your consideration of our opposition to this rezoning request. Sincerely; Barbara orsf f~~~~ Sappl4ire Cr. Dubuque Ia. 52001 January 24, 2007 Planning Services Department Attention: Kyle Kritz D ~C~~Od~ JAN 2 9 2007 CITY OF DUBUQUE PIAPJNiNG SFRIrICES DEPARTMENT This letter is in regard to the proposed zoning change and development plan for Tanzanite Drive (Lot F of Emerald Acres No. 4). We are in opposed to this change for the following reasons. 1. The high concentration of units on such a small area is not acceptable. 2. There will not be enough green space between the units. 3. The building of 42 (two-unit townhouses), would at least double the amount of cars for this area. 4. With the concentration of buildings and all that it entails, we feel that it will be more difficult to sell additional lots in this area far single-family homes. Thank you for your consideration of our opposition to this rezoning. We are sorry we are unable to attend the meeting on February 7~. Sincerely, ~~~~~ ~~ ~~ Edward 8~ Theresa Deppe 583 Sapphire Circle Dubuque, Iowa .52001 Minutes -Zoning Advisory Commission November 5, 2003 Page 3 . Jay Winger reviewed his request with the Commission, noting the former use of the subject property: Mr. Winger stated that he wished to use the;property as a contractorshop and yard. He informed Commissioners that-he had gathered a .petition with 30 signatures of area residents in support of the rezoning. John Gronen, 1766 Plymouth Court, stated that he owns several properties in the area and is concerned with the impact of;a forage yard. adjacent to residential property. Mike-Winger, 2165. Washington Street, stated that he and his father also own residential property in the area: He stated #hat a previous rezoning was granted for property in -the neighborhood to enable American Tree Service to run their contractor's yard. He stated that he`feels that the rezoning wilt not have a negative impact on adjacent properties. Commissioners' reviewed the proposed use of .the property with the. applieant_ They discussed screening alternatives-forthe property.. Chairperson Bird entered intothe record a letter from DeloresSchiltz,-2055 EIm Street, opposed to the proposed rezoning. Staff Member Hemenway reviewed the staff report,. noting receipt of a petition and several letters of support. He disfribufed a map indicating which property owners signed the petition.- He.discussed the can-ent structures: on the property and the former uses. Qf the ~"'"' property. Commissioners discussed screening, storage. and paving on the- site. Motion by Stites, seconded by Christ, to approve the rezoning with the conditions that a security fence and live. plantings be provided along. the perimeter of the property. Motion. was approved;by the following vote: Aye -Smith,,-Hardie, Christ, Stiles and Bird; Nay None. NOTE: Commissioner Ben Raush entered at 7:15 p.m. ~.• PUBLIC -HEARlNG1EQUlTY BUILDERS/PETER: ECK,: Application of Equity Bulders/Peter Eck to amend the Planned Unit Development:with a PR Planned Residential designation located at the northwest' comer of Tanzanite Drive and Sapphire- Giccle'to facilitate develomerit of 40 new housing units. Peter Eck, representing .Equity Builders, distributed materials to the Commission.. He. stated that he wants to utilize an exis#ing lotto place 140 units of.affordable housing with access to Tanzanite. Drive. Mr. Johnson stated,that he is a resident of Sapphire Circle. He said that he purchased his property with the understanding. that there was ,a 1,200 square minimum footprint for residential units: He said he is concerned with how access: to this. site witl.impact the value of his home. Minutes -Zoning Advisory Commission November 5, 2003 Page 4 ~"'~ ' Sue Bublitz 635 Sapphire Circle, said that she: was aware that multi-family. housing would be developed on the subject property. She. said she is concerned; however, that 40 units in such a small area with 24 driveway accesses along one block will create a traffic.hazard. She said this development also might generate `additional on street- parking, which will further exacerba#e the traffic problem. Chairperson Bird .stated that the current configuration shows .only .twelve driveway accesses onto Tanzanite: Rod ~schiggfrie, .4105 Thunder Ridge, said that he is asking- for an option to resort to the original R-3 zoning standards if Mr. Eck's development does not reach fruifition. Mr. Eck stated thaf he is a resident of Tanzanite Drive and he understands traffic concerns. He said the most recent conceptual development plan reflects those concerns by consolidating the curb- cuts, which would eliminate backing onto Tanzanite Drive, _and .providing four off-stree# parking spaces. per unit. He stated that the underlying R-3 standards would. permit even more dense development with poten#ially more units and more vehicles. He stated that his goal is to provide affordable housing as per City Housing standards. Commissioner Smith asked about a temporary detention basin. Staff .Member Kritz .outlined his staff report, noting that the original planned unit ~''"'` development designated this area as a default R-3 district. He stated. that from .one to six .units could be-built on'the Lots. He said the issue. before the Commission was not one of density, but one of lof cor~ftguration, shared driveway access and .lot frontage. He stated that the applicant has reduced the number of curb :cuts from the .original conceptual development plan. He said traffic along Tanzanite would steadily increase because it is being used as a thoroughfare to connect to the Northwest Arterial. He stated that Tanzanite Drive is 37 feet wide with very little on-street parking; therefore, traffic tends. to exceed the posted speed limits. He stated that the deyelopment~-will meet the parking requirements with four off-street parK"tng spaces per unit. ;Hesaid th2~#:Mr. Tschiggfrie had asked for some flexibility in development reduesting .that the PUD language state that the development can be undertaken as per the concept plan: or:as per~R-3 regulations. He stated that the existing detention basm`is to the south of the project, nextto the subdivision entry sign. Commissioner Smith asked if the fire marshal had looked at the share access. Staff Member Kritz said thathe had. Chairperson Bird asked to add a .letter to the record. Commissioner Stiles said that he feels this is a good plan that provides adequate parking and creates additional affordable housing. Commissioner Hardie s#ated that he feels this is a creative use of the property. Motion byC.hrist, seconded.by Smith,.to approve the amended PUD as submitted. Motion ~ was approved b'y the foNowing voter Aye - Smith, Hardie, .Christ, Stiles. and Bird; Nay - None Abstain -Roush. MINUTES ZONING ADVISORY COMMISSION REGULAR SESSION Wednesday, December 7, 2005 6:30 p.m. Auditorium, Carnegie Stout Library 360 W. 11th Street, Dubuque, Iowa PRESENT: Chairperson Jeff Stiles; Commissioners Ron Smith, Stephen Hardie, Martha Christ, Eugene Bird, Dick Schillz and Ken Bichell; Staff Members Kyle Kritz, Guy Hemenway, Tim O'Brien, Gus Psihoyos, and Dave Ness. ABSENT: None. CALL TO ORDER: The meeting was called to order by Chairperson Stiles at 6:30 p.m. AFFIDAVIT OF COMPLIANCE: Staff presented an Affidavit of Compliance verifying that the meeting was being held in compliance with the Iowa Open Meetings Law. MINUTES: The minutes of the November 2, 2005 meeting wen: approved unanimously as submitted. ACTION ITEMIPRELIMINARY PLAT/AACNAMER: Application of Marty McNamer, North Cascade Road Developers, LLC for approval of the Preliminary Plat of Timber-Hyrst Estates located along the west end of Manson Road. Marty McNamer, 1036 Bonnie Court, offered to entertain questions. Staff Member Kritz outlined the staff report, discussing the subdivision layout and its relationship to the floodplain. He stated that Mr. McNamer is working with the State DNR and the Corps of Engineers to ensure compliance with flood plain development regulations for the subdivision and entry road. He stated that four out lots on the plat are designated non-buildable and that the roadway will be 27 feet in width with a 50-foot right-of-way. He stated that this enables the development to have aseven-foot wide parkway. He said the Fire Marshal has reviewed and approved the plans with the recommendation that parking be restricted to one side of the street to facilitate traffic movement. He said this restriction should not pose a problem because adequate off street parking can be provided on large lots proposed for this development. Commissioners discussed the request and felt that the preliminary plat was appropriate. Motion by Smith, seconded by Bird, to approve the preliminary plat ofTimber-Hyrst Estates waiving the minimum street standard from 31-feet to 27-feet and limfing parking to one side of the roadway. Motion was approved by the following vote: Aye smith, Hardie, Christ, Bins, Schiltz, Bichell and Stiles; Nay -None. ACTION ITEMIDETERMINATION OF SIGNIFICANCE CHANGElECK: Application of Peter Eck, Equity Builders for approval of the Determination of Significant Change from Minutes -Zoning Advisory Commission December 7, 2005 Page 2 Adopted Conceptual Development Plan for property located at the Northwest Comer of Tanzanite Drive and Sapphire Circle. Peter Eck, Equity Builders, stated that the proposed development would have similar sized building footprints on the same number of lots with the same curb cuts configuration as the existing development. He said he would like to change the buildings from duplexes tofour- plexes, which he said will increase the density. He said each unit would have a two-car garage with a two-car parking pad and, therefore, provides parking in excess of what is currently required. Chairperson Stiles reiterated that the only change would be an increase in density. Staff Member Kritr reviewed the changes and submitted a site plan for the Commission's review. He stated that the change would be ftom 40 to 68 units and that it was the Zoning Advisory Commission's charge to decide if these changes were significant enough to warrant an amendment to the PUD. Commissioner Smith clarified the building configuration. Commissioners agreed that the increase in density was significant enough to warrant an amendment to the district. Staff Member Kritz discussed the current PUD requirements as they were relative to R-3 standards, discussing density, setback and tot area issues. Motion by Hardie, seconded by Christ, noting that the proposed increase in density is a significant change and warrants an amendment to the Planned Unit Development. Motion was approved by the following vote: Aye -Smith, Hardie, Christ, Bird, Schiltz, Bichell and Stiles; Nay -None. PUBLIC HEARtNG1REZONING/JOSEPH WALBRUN/JOAN O'TOOLE/JAMES HAUBER/MADELINE ~ ALBERT KOTZ (REFERRED FROM CITY COUNCIL): Application of Joseph Walbrun/Joan OToole/James Hauber/Madeline ~ Albert Kotr (referred from City Council) to rezone property located at 4755/4855 Old Highway Road and parcel #10-29-451-008 ftom R-3 Moderate Density Multi-Family Residential Districtto C-3 General Commercial District. Joseph Walbrun reviewed with the Commission his former rezoning request. He stated that the Commission recommended that he incorporate additional property into the rezoning and that he has complied with said request. Richard Kelly, an adjacent property owner on Radford Road, stated that he is concerned with storm water runoff from potential development on the subject properties. He stated that he is not necessarily opposed to the nequest. Mr. Walbrun stated that his property is served by City water and sewer. Minutes -Zoning Advisory Commission February 1, 2006 Page 3 PUBLIC HEARINGIAMEND PUDWW CORNER OF TANZANITE DRIVE AND SAPPHIRE CIRCLE: Application of City of Dubuque~Zoning Advisory Commission to amend existing P{anned Unit Development to eliminate option to develop the property under R-3 Moderate Density Mufti-Family Residential zoning regulations for property located at the northwest comer of Tanzanite Drive and Sapphire Cfrcfe. Staff Member Kritz discussed the previous public hearing regarding amending the PUD. He said that after the last meeting, based on input from the ad}scent properly owners, the Commission directed staff to amend the zoning on the balance of the property (Lot 28) to eliminate the R-3 zoning. He stated that the Commission felt the property should be developed as originally approved under the existing PUD regulations. He discussed surrounding land use and zoning and distributed an aerial photo showing development in the area. Paul Horsfall, 1655 Finley Street, said that he purchased property at 575 Sapphire Circle. He thanked the Zoning Commission for the recommended amendment and said that he is in favor of the proposal due to traffic, parking and residential density. Rod Tschfggfrie, 600 Sapphire Circle, representing the property owner, T-Corp, spoke in favor of the request. He said that has changed his mind regarding this property due to input from the neighbors. He said that he feels R-3 regulations would allow development • that is too dense. He said he would like Equity Builders to complete their project in a timely ~ fashion. Barb Horsfall, 1655 Finley Street, spoke in favor of the request. She said that the neighbofiood is in need of additional green space. She said that the proposal by Mr. Edc was too dense and would generate too much traffic. Dennis Frye, 645 Sapphire Circle, spoke in favor of the request, stating that the original proposal was too dense and would generate too much traffic and storm water runoff. Monte Bascomb, 605 Sapphire Circle, distributed a sample of some sediment found in City water. He said that water quality has been a problem in the neighborhood. He spoke in favor of the request. Deborah and Paul Herberger, 595 Sapphire Circle, spoke in favor of the request. The Hefiergers expressed concerns with density and storm water. They recommended that the Commission allow the development to continue under the existing PUD standards. Commissioner Smith discussed water quality and pressure issues with staff. Commissioner Bird asked if the Zoning Advisory Commission can require acx:ess driveways to be built. Staff Member Kritz said that the City staff can require completion of ~ the driveways. Commissioner Bird asked if the R-3 district were removed, if the • Minutes -Zoning Advisory Commission February 1, 2006 Page 4 development would be bound by the original PUD regulations. Staff Member Kritz stated that it would. Commissioners discussed the request, noting that while the subject area was initially rezoned for a mixture of R-1, R-3, and a mobile home park, current conditions in the neighborhood have changed and the proposed PUD amendment will facilitate a greater leve! of compatibility between adjacent single-family homes and multi--family residences. Motion by Christ, seconded by Bird, to approve the amendment to the existing PUD. Motion canted by the following vote: Aye -Stiles, Bird, SchiNz, Bichefi, Christ, Haniie and Smith; Nay -None. PUBLIC HEARtNG1AMEND PUD ITABLEDIINW CORNER C)F TAZANITE DRIVE AND BAPPHtRE CIRCLE: Application of Peter Edc, Equity Builders to amend the existing Planned Unit Development for property located abng the north side of Tanzanite Dnve and Sapphire Circle. Chairpenson Stiles said that the Commission received a letter from the applicant asking that the request be withdrawn. Motion by Bird, seconded by Christ, to accept the letter dated January 18, 2006 from the applicant asking to withdn~w the request. Motion carried by the folbwing votie: Aye -Stiles, Bird, Schiltz, t3ichell, Christ, Hardie and Smith; Nay -None. PUBLIC HEARINGIREZON1NG1600 MAZZUCHEW DR: Appt'ication of Jon Harvey, Stott 8 Associates Architects/River Pointe Development LLC to rezone property located at 600 Mazzuchelli Drive from R-2 Two-Family Residential District to PUD Planned Unit Development with a PR Planned Residential designation. Staff Member Kritz outlined the zoning history and discussed the proposed plan modifications for River Pointe Development. He said that, because the change was deemed significant, the City Council remanded the proposal back to the Zoning Advisory Commission for a public hearing. Chairperson Stiles stated that a letter of support had been received from Chris Anderson and that a letter of opposition had been submitted by S.A. Sutton. He stated that the Commission also received a petition with 14 signatures of individuals opposed to the rezoning. Steve Juergens said that he is the attorney representing River Pointe Development. He introduced George Murphy, Project Manager, and Tony Zelinskas, Traffic Engineer. He discussed the project design modfications. He said that the buildings cover approximately 8°ib of the 14-acre site. He said that the buildings have been moved bads from the bluff edge and that there will be no blasting during construction. He discussed the Hill Street-