Pleasant View Estates Amendment to PUDPlanning Services Department
City Hall
50 West 13a' Street
Dubuque, IA 52001-4864
(563) 589-4210 phone
(563) 589-4221 fax
(563) 690-6678 TDD
planni n$@c~of dubuque.org
THE CITY OF
DUB E
Masterpiece on the Mississippi
August 9, 2007
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque IA 52001
Applicant: Ron Herrig/John Herrig/Joseph Bitter
Location: Pleasant View Drive
Description: To amend the PUD for Pleasant View Estates to remove Section 2(G)
from Ordinance 51-90 regarding time limitation for development.
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
John Herrig spoke in favor of the request, asking that the time limitation for development
of the condominium project be removed.
Staff reviewed the request, noting that the original PUD was approved in 1990 with the
provision that the project be completed in 1992. Staff said that as of this date 8 out of
the 28 units indicated on the conceptual plan have been completed, and no construction
has occurred since 1994.
An attorney representing the Pleasant View Estates Condominium Homeowners
Association referenced a submitted written statement. She asked the Commission to
table or deny the request due to pending litigation between the applicants and the
Association.
An Adjacent property owner spoke in opposition to the request, stating that the applicant
should be required to rezone and submit a new conceptual development plan compliant
with all current standards and regulations.
The Zoning Advisory Commission discussed the request and felt that a current
conceptual development plan should be required. Legal staff advised that the
Commission does not have to consider the litigation.
Service People Integrity Responsibility Innovation
Pleasant View Estates, Pleasant View Drive
Page 2
Recommendation
By a vote of 5 to 0 the Zoning Advisory Commission recommends that the City Council
deny the request.
A simple majority vote is needed to concur with the recommendation for denial.
A super majority vote is needed for the City Council to approve the request.
Respectfully s, u~bmitte/d,
Eugene Bird Jr., Chairperson
Zoning Advisory Commission
Attachments
CC hr Pleasant View Estates (Herrig_Bitter) 08_20_07
Service People Integrity Responsibility Innovation Teamwork
~~ ~
Chi-c~;A~c.~
Prepared by: Laura Carstens. City Planner Address: City Hall, 50 W. 13th St Telephone: 589-4210
Return to: Jeanne Schneider. City 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 ORDINANCE NO. 51-90, WHICH ADOPTED REGULATIONS FOR
THE PLEASANT VIEW PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PR
PLANNED RESIDENTIAL DESIGNATION.
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 Ordinance 51-90,
which adopted regulations for the Pleasant View PUD Planned Unit Development
District with a PR Planned Residential designation, and approving an amended
ordinance for the Pleasant View PUD Planned Unit Development District, a copy of
which is attached to and made a part hereof, to wit:
Lot 2 of 2, Lot 3, Lot 4, Lot 5 and Lot 6 Block 4 Broadway Heights, and to the
centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa.
Section 2. Pleasant View Planned Unit Development District Regulations.
A. Use Regulations: The following regulations shall apply to all uses made of
land in the above-described PUD District:
Principal permitted uses shall be limited to townhouses as
permitted by Section 3-1.5B of the Zoning Ordinances of the City of
Dubuque, Iowa.
2. Accessory uses for shall be limited to any use customarily
incidental and subordinate to the principal use it serves.
3. No contingency uses will be allowed.
Pleasant View PUD
Page 2
B. Bulk Regulations: The bulk regulations in this particular PR Planned
Residential District shall be the same as those set forth in Section 3-1.5(F)
of the zoning Ordinance of the City of Dubuque, Iowa, as they pertain to
townhouses except that:
1. The lot frontage requirements shall be relaxed to allow a minimum
of 10 feet of frontage per dwelling unit.
2. Detached garages with a rear yard setback of not less than three
(3) feet will be allowed.
3. The lot coverage requirement shall be relaxed to allow a maximum
of 50% lot coverage.
C. Parking Requirements: The following regulations shall apply to all parking
areas in the above-described PR Planned Residential District:
The off-street parking requirements for the principal permitted uses
shall be the same as that designated by Section 3-1.5B of the
Zoning Ordinance of the City of Dubuque, Iowa.
2. No on-street parking will be permitted in this PR District. The
property owner shall install signs to this effect along all streets in
this PR District.
D. Signs: The sign regulations in this particular PR Planned Residential
District shall be the same as that which are allowed in the R-4 Multi-Family
Residential District as established in Section 4-3.11 Schedule of Sign
Regulations of the Zoning Ordinance of the City of Dubuque, Iowa.
E. Site Development Standards: The site development standards for this PR
Planned Residential District shall be as follows:
A final site development plan shall be submitted in accordance with
Section 4-4 of the Zoning Ordnance of the City of Dubuque, Iowa.
2. All outside rubbish, storage and garbage collection areas shall be
permanently screened from view to a height of at least six (6) feet
as set forth in Section 4-4.6(3) of the Zoning Ordinance of the City
of Dubuque, Iowa.
3. All slopes which exceed ten (10) percent shall be stabilized as set
forth in Section 4-4.6(2) of the Zoning Ordinance of the City of
Dubuque, Iowa.
Pleasant View PUD
Page 3
4. All utility transmissions systems shall be placed underground
wherever reasonably practical.
5. Adequate illumination shall be provided to streets, sidewalks, and
all areas for vehicular and pedestrian circulation, and shall be
directed so as not to interfere with the use and enjoyment of
adjacent properties.
6) Landscaping shall be installed as set forth in Section 4-5.3 of the
Zoning ordinance of the City of Dubuque, Iowa, and as designated
on the conceptual development plan.
F. Performance Standards: The development and maintenance of uses in
this PR Planned Residential District shall be established in conformance
with the standards of Section 3-1.6D of the Zoning Ordinance.
7~_~i+~+TQ_~cnc inn of ~ ~~ili~io~ ~ ~~~. ~' n~r~ r~Cruv[invi~T
G.# Transfer of Ownership: Transfer of ownership or lease of property in this
PR Planned Residential District shall include in the transfer or lease
agreement a provision that the purchaser or lessee acknowledges
awareness of the conditions authorizing the establishment of the district.
H. t- Open Space: Those areas designated on the conceptual development
plan for this particular PR Planned Residential District as "green space"
shall be maintained as open space as defined by Section 8 of the Zoning
Ordinance of the City of Dubuque, Iowa.
I. ~ Streets: The streets installed in this particular PR Planned Residential
District shall be constructed and maintained as paved, private streets, with
curb and gutter, in accordance with the City of Dubuque specifications by
the property owner and/or association. If not so maintained, the City of
Dubuque may do so at the expense of the property owner and/or
association.
Pleasant View PUD
Page 4
J. ~4: Sidewalks: Sidewalks shall be installed and maintained in this particular
PR Planned Residential District in accordance with City standards.
Section 3. A final site development plan shall be approved by the City Planner
if found to be in conformance with the conceptual development plan. If found to be in
conformance with said plan, the issuance of building permits shall be permitted.
Following approval of a final site development plan, no construction may take place
except in substantial conformance with such plan.
Passed, approved and adopted this day of 2007 .
Roy D. Buol, Mayor
Attest:
Jeanne F. Schneider, City Clerk
ACCEPTANCE OF ORDINANCE NO. -07
I, ,representing ,having read the terms and conditions of the Ordinance
No. - 07 and being familiar with the conditions thereof, hereby accept this
same and agree to the conditions required therein.
Dated in Dubuque, Iowa this day of 2007.
By
j~~iL S c~~C,~-
s~-~ -s~o-~~~--3
. Gty of Dui:uyue
~~~ Planning Servior~ Dep:3rtrr>E.~nt
D7 TB
U ~ aubuque, IA 520(?1-4864
Phone: 563-SE19-4210
~~
a Fax: 563-Sfi9-4221
PLANNINIG APPLICATION FORM
^ Variance
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P ^Rezoning
^Plamed District ^Simple Site Plan
^Minor Site Plan ^Annexation
^Temporary Use Permd
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^Conditional Use
^A
eai QPreliminary plat ^ Major Site Plan ^CertiRcate of 6oononvc Non-Viability
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Existing zoning: >~ Proposed zoning: Histor is District: Landmark: --
Le~1 pesQiptior~ (SidweN parse! ID#' or lot rwnber/biodc nw nber/subdivision): -s.~~ i~'~l''~f~ _
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CER7IFICJ~TION: I/we, the undersigned; do hereby certify tl~a>~
1. The infam~ation submitted herein is true and oon-ec2 to file best of my/our knowlod~gt and upon
submittal beoorncs public nroord;
2. Fees are not refimdable and payment does not guarantee approval; and
3 All addtional written and graphic materials are atta~ed.
P Owners : / ~ ,G2/G vs~a~h' ~/TT~~-Date: -~-=~-.-.
~-tY Date: ~ ' ~ - +O~ -
Applicant/A9ent: -
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~~5'~: ~`~_~~" _ Date: ~ 4•~7 Docket:
^5~te/skeb~h plan ^Conoepttral Development Plan ^Photo ^improvement piaru
^Design review project desorption ^Fioor plan ^Plat ^~r _-
THE CITY OF ~~
DUB E
Master/~iece on the Mississippi N
Vicinity Map
Applicant: Ron Herrig/John Herrig/Joseph Bitter
Location: Pleasant View Estates, Pleasant View
Drive
Description: To remove Section 2.6 from
Ordinance 51-90 regarding time limitation for
development.
Legend
Pleasant View Estates
Q City Zoning Boundary
Base Map Provided by Dubuque County GIS
Planning ServicesNicinity MapsIZAC Vicinity Maps/Amend PUD Pleasant View Estates_07_10 07
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Base Map Provided by Dubuque County GIS Planning ServicesNicinity Maps/ZAC ViClnity Maps/ Pleasant mew Estates Exhibit A 07_23_07
David L. Clemens
Jeffrey L. Walters
CLEMEN3 WALTERS
~°
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Attorneys at Law
Jennifer A. Clemens-Conlon
Sarah E. Stork Meyer
2080 Southpark Court
Dubuque, IA 52003
Zoning Advisory Commission
c/o City Hall, 2nd Floor
50 West 13th Street
i`
J U L 2 5 2007 ~ J
CITY OF UUBUOIiE
PLANPJ!NG SEP,VICES JEPARTPJIENT
Phone: (563) 582-2926
Fax: (563) 582-2998
office@cwcmlaw.com
July 23, 2007
Dubuque, IA 52001-4864
Re: Hearing Date: Wednesday, August 1, 2007, at 6:30 p.m.
Applicant: Ron Herrig/John Herrig/ Joseph Bitter
Location: Pleasant View Estates, Pleasant View Drive
Dear Ladies and Gentlemen:
I represent Pleasant View Estates Condominium Homeowners Association of Dubuque, Iowa, which
has initiated an action in the Iowa District Court in and for Dubuque County, naming HHB, a General
Partnership, a/k/a H.B.H. Holding Partnership, Ronald J. Herrig, Joseph J. Bitter and John W. Herrig as
defendants. Among other requests, Pleasant View Estates Condominium Homeowners Association seeks
transfer of the property upon which the homeowners' condominiums have been developed to the Association
itself for governance by the Homeowners Association.
By way of history, on or about October 30, 1991, HHB, a General Partnership, Ron Herrig, John
Herrig and Joseph Bitter, filed Articles of Incorporation of Pleasant View Estates Condominium
Homeowners Association. In accordance with the Articles, every person or entity who is a record owner in
any unit in Pleasant View Estates becomes a member of Pleasant View Estates Condominium Homeowners
Association of Dubuque, Iowa. On or about November 25, 1991, H.B.H. Holding Partnership filed a
Condominium Declaration for Pleasant View Estates, which project was reported as consisting of one multi-
residential unit containing four units. The developer intended to extend the existing building by adding an
additional four units to the east. Said building was eventually extended and since that time, eight units have
existed in Pleasant View Estates. No further development to the project has occurred since 1994, a period of
thirteen years.
An application to develop 28 units was submitted to the Planning and Zoning Commission on
March 20, 1990. The proposed construction was eight townhouses during the summer of 1990, with final
completion of all 28 units by the fall of 1992. Ordinance No. 51-90 was approved, which incorporated time
limitations for the timetable for construction, providing that the constructural plan be valid for a period of
three years from the date of the adoption of the Ordinance and with excavation, utilities, installation of streets
LAW OFFICES OF
CLEMENS, WALTERS, CONLON 8s MEYER, L.L.P.
Zoning Advisory Commission
July 23, 2007
Page 2
and construction of 28 units being completed by 1992. The developers were advised on several occasions of
this deadline for completion, which notices included June 23, 1994 letter from Kyle Kritz of the City of
Dubuque; July 18, 19941etter from Kyle Kritz•, and August 18, 1994 letter from Kyle Kritz. No construction
has occurred since 1994.
It is the position of the Association. in accordance with various provisions in the condominium
documents, that the real estate upon which the common elements are located were to be deeded by the
developer to Pleasant View Estates Condominium Homeowners Association who then would have the
opportunity and obligation to own, manage, maintain, make assessments, provide enforcement and pay real
estate taxes on the common elements. The developers take the position that until such time as the project is
completed with 28 units, such transfer is not required and that, as such, they continue to maintain the voting
rights for all unconstructed but contemplated units, giving them majority control and preventing the
homeowners themselves from self-governance as is contemplated by the condominium documents related to
this project. Elimination of the time restrictions of the Ordinance upon which the homeowners of the
existing eight units relied and depended arguably could be used by the developers to maintain control of the
majority of voting units in the Association and preclude the existing homeowners from making decisions that
affect their day-to-day lives, such as arranging snow removal and lawn care, making decisions with regard to
the use of the common elements, parking arrangements, etc.
The matter between Pleasant View Estates Condominiums Homeowners Association and the
developers is scheduled for trial on October 1, 2007, at 9:30 a.m., and is expected to bring some resolution to
the relationship between the parties. The Homeowners Association asks the Zoning Advisory Commission
that the application made by Ron Herrig, John Herrig and Joseph Bitter regarding Pleasant View Estates be
denied or continued until such time as a decision is rendered by the District Court relating to the issues of
ownership of land, voting rights within the Association and other iss~s,,~s raised therein. _
JAC:jms
cc: Pleasant View Estates Condominium Homeowners Association
S:\wpUoan\Pleasant View Homeowners Assoc\HHB - HBH Partnership LawsuitU.et-Zoning Commission-072307.wpd
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~ ORDINANCE N0. 51 -90
AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA
PROVIDING THAT THE CODE OF ORDINANCES,
CITY OF DUBUQUE, IOWA, BE AMENDED BY
REVISING APPENDIX A THEREOF, ALSO KNOWN AS
THE ZONING ORDINANCE OF THE CITY OF
DUBUQUE, IOWA, BY ADOPTING A CONCEPTUAL
DEVELOPMENT PLAN FOR THE PLEASANT VIEW PR
PLANNED RESIDENTIAL DISTRICT ON PLEASANT
VIEW DRIVE IN THE CITY OF DUBUQUE, IOWA,
Whereas, John Herrig, owner, has filed an application for approval
of a conceptual development plan for hereinafter described property in
accordance with provisions of the PR Planned Residential District regulations
as set forth in Section 3-1.6 of the Code of Ordinances, Appendix A thereof,
of the City of Dubuque, Iowa; and
Whereas, the Planning and Zoning Commission has held a public
hearing on said application for a conceptual development plan pursuant to
required published notice; and
Whereas, the Planning and Zoning Commission has approved said
conceptual development plan subject to specific conditions and restrictions
having found that said plan conforms with the review standards applicable to
such plans as set forth in Section 3-1.6D of the Code of Ordinances, Appendix
A thereof, of the city of Dubuque, Iowa; and
Whereas, the Planning and Zoning Commission recommended the
concurrence of the City Council and approval of said conceptual development
plan; and
Whereas, the City Council has received the recommendation of the
Planning and Zoning Commission and held its own public hearing on said
conceptual development plan pursuant to required published notice; and
Whereas, the City Council has approved said conceptual development
plan subject to the same specific conditions and restrictions:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Code of Ordinances of the City of Dubuque,
Iowa, be amended by revising Appendix A thereof, also known as the Zoning
Ordinance and Zoning Map of the City of Dubuque, Iowa, by adopting and
approving the conceptual development plan for the following described
property, to wit:
Lot 2 of Lot 2, Lot 3, Lot 4, Lot 5 and Lot 6 of Block
3, all in "Broadway Heights" in the City of Dubuque,
Iowa and extending to the center line of any abutting
public right-of-way.
~, Or"dinance No. ~ -90
Page 2
Section Z. That in order to accomplish the purposes of the PR
Planned Residential District, and the Zoning Ordinance of the City of Dubuque,
Iowa, the use and improvement of the hereinabove described PR Planned
Residential District shall be subject to the submitted conceptual development
plan and to the following conditions and restrictions:
A. Use Regulations
The following regulations shall apply to all uses made of
land in the above described PR Planned Residential District:
1) The principal permitted uses shall be limited townhouses
as permitted by Section 3-1.6B of the Zoning Ordinance
of the City of Dubuque, Iowa.
2) Accessory uses shall be limited to any use customarily
incidental and subordinate to the principal use it
serves.
3) No contingency uses will be allowed.
B. Bulk Regulations
The bulk regulations in this particular PR Planned
Residential District shall be the same as those set forth in
Section 3-1.5(F) of the Zoning Ordinance of the City of
Dubuque, Iowa, as they pertain to townhouses except that:
1) The lot frontage requirements shall be relaxed to allow
a minimum of 10 feet of frontage per dwelling unit.
2) Detached garages with a rear yard setback of not less
than 3 feet will be allowed.
3) The lot coverage requirement shall be relaxed to allow a
maximum of 50~ lot coverage.
C. Parking Requirements
The following regulations shall apply to all parking areas in
the above described PR Planned Residential District:
1) The off-street parking requirements for the principal
permitted uses shall be the same as that designated by
Section 3-1.6B of the Zoning Ordinance of the City of
Dubuque, Iowa.
2) No on-street parking will be permitted in this PR
District. The property owner shall install signs to
this effect along all streets in this PR District.
D. Signs
The sign regulations in this particular PR Planned
Residential District shall be the same as that which are
allowed in the
R-4 Multi-Family Residential District as established in
Section 4-3.11 Schedule of Sign Regulations of the Zoning
Ordinance of the City of Dubuque, Iowa.
' ~ ~Ordi.nance'No. -90
' ~ Page 3
• E. Site Development Standards
The site development standards for this PR Planned
Residential District shall be as follows:
1) A final site development plan shall be submitted in
accordance with Section 4-4 of the Zoning Ordinance of
the City of Dubuque, Iowa.
2) All outside rubbish, storage and garbage collection
areas shall be permanently screened from view to a
height of at least six (6) feet, as set forth in Section
4-4.6(3) of the Zoning Ordinance of the City of Dubuque,
Iowa.
3) All slopes which exceed ten (10) percent shall be
stabilized as set forth in .Sect ion 4-4.6(2) of the
Zoning Ordinance of the City of Dubuque, Iowa.
4) All utility transmission systems shall be placed
underground wherever reasonably practical.
5) Adequate illumination shall be provided to streets,
sidewalks, and all areas for vehicular and pedestrian
circulation, and shall be directed so as not to
interfere with the use and enjoyment of adjacent
properties.
6) Landscaping shall be installed as set forth in Section
4-5.3 of the Zoning Ordinance of the City of Dubuque,
Iowa, and as designated on the conceptual development
plan.
F. Performance Standards
The development and maintenance of uses in this PR Planned
Residential District shall be established in conformance with
the standards of Section 3-1.6D of the Zoning Ordinance of
the City of Dubuque, Iowa.
G. Time Limitation
The timetable for construction and submittal of a final site
development plan shall be established in conformance with the
following standards:
1) The conceptual development plan shall be valid for a
period of three years from the date of adoption of this
ordinance, provided that after the first year, if no
final site development plan has been filed, the
Commission or Council may require the resubmission of a
conceptual development plan.
. 2) Excavation, extension of utilities, installation of
streets, construction of 28 townhouse units and all
other site development shall be completed in 1992.
N. Transfer of Ownership
' `~ ~•Ordinance No. -40
Page 4
Transfer of ownership of lease of property in this PR Planned
Residential District shall include in the transfer or lease
agreement a provision that the purchaser or lessee
acknowledges awareness of the conditions authorizing the
establishment of this district.
I. Qoen SQace
Those areas designated on the conceptual
this particular PR Planned Residential D
space" shall be maintained as open space
Section 8 of the Zoning Ordinance of the
Iowa.
J. streets
The streets installed in
Residential District sha
paved, private streets,
with the City of Dubuque
and/or association. If
Dubuque may do so at the
association.
development plan for
istrict as "green
as defined by
City of Dubuque,
this particular PR Planned
11 be constructed and maintained as
with curb and gutter, in accordance
specifications by the property owner
not so maintained, the City of
expense of the property owner. and/or
K. Sidewalks
Sidewalks shall be installed and maintained in this
particular PR Planned Residential District in accordance with
City standards.
Section 3. A final site development plan shall be approved by the
City Planner if found to be in conformance with the conceptual development
plan. If found to be in conformance with said plan, the issuance of building
permits shall be permitted. Following approval of a final site development
plan, no construction may take place except in substantial conformance with
such plan..
Passed, approved and adopted this 2nd day of July
1990.
ATTEST:
-~~
Mary ~ Davis
City erk
PS
THE CTIY OF
DuB E
Masterpiece on t)ze Mississippi
MEMORANDUM
July 24, 2007
TO: Zoning Advisory Commission
FROM: Kyle L. Kritz, Associate Planner x ~ x
SUBJECT: Amendment to Pleasant View Estates PUD Ordinance
INTRODUCTION
The applicants are requesting an amendment to the Pleasant View Estates PUD
Ordinance. The Planned Unit Development District on Pleasant View Drive was
approved by the City Council on July 2, 1990. The PUD Ordinance established a
timeline for construction of the condominium units and also stipulated that if no final site
development plan was filed within the first year after adoption of the ordinance, the
Commission or City Council could require resubmission of a conceptual plan. Based on
staff's research, a site development plan was submitted within the stipulated timeframe.
Currently, there are eight of the 28 units constructed, the last units being constructed in
August 1994. The PUD Ordinance stipulated that all units would be completed by 1992.
DISCUSSION
The PUD section of the Zoning Ordinance stipulates in Section 3-5.5(1)(4) that, "If
substantial construction or development does not begin within the period of time
specified In the Ordinance authorizing the establishment of the district or in the
ordinance adopted pursuant thereto, the City Council may, on its motion or on a
recommendation of the Zoning Advisory Commission, rezone the property or any
portion thereof to the zoning district classification that prevailed prior to the approval of
the PUD classification."
The prior zoning classification was R-4 Multi-Family Residential. Planning staff noted in
the staff report in 1990 that either 14 condominiums or 30 apartment units could be
constructed on the 1.5 acre parcel under the existing R-4 District zoning. The rezoning
to PUD was thought to be more compatible with surrounding land uses at that time.
The proposed amendment to the Pleasant View Estates PUD Ordinance is to remove
the timeframe from Section 2(G) of the Ordinance. In the late 1980s and early 1990s,
timelines were periodically placed in PUD Ordinances. Planning staff has not
recommended including timetables for construction of dwelling units primarily because it
Pleasant View Estates PUD Ordinance
July 24, 2007
Page 2
can be very difficult to force a developer to build dwelling units for which they have no
buyers.
Most residential developments require several years to fully build-out, and changing
markets and interest rates can extend build-out even further. Provided that all
necessary paving, utilities, and erosion control are provided for each phase, staff does
not believe extended development timelines negatively impact the use and development
of adjacent property.
The remedy called out in the PUD Section of the Zoning Ordinance for not meeting a
timeline is to rezone the property back to R-4 Multi-Family Residential District [Section
3-5.5(1)(4)]. The adjacent property is currently zoned R-4 to the north and west; the
property to the south is zoned R-1 Single-Family Residential District, and the adjacent
property to the east is zoned R-2A. However, rezoning the property back to the R-4
District will render the existing eight dwelling units non-conforming in terms of lot
coverage and rear yard setback for the existing garage units.
RECOMMENDATION
Planning staff recommends that the Zoning Advisory Commission review this
memorandum and attachments and make a recommendation to the City Council
regarding the requested amendment to remove the timetable for completion of the
project from the ordinance establishing the Pleasant View Drive Planned Unit
Development.
KLK/mkr
Attachments