Rezoning Medical Associates_HartigPage 1 of 1
Jeanne Schneider -September 17, 2007 City Council Meeting
From: "Collins, Dee" <dcollins@mahealthcare.com>
To: <j schneid@cityofdubuque. org>
Date: 09/12/2007 10:34 AM
Subject: September 17, 2007 City Council Meeting
Jean,
Bob Hartig asked that I pass on the following request to you.
Medical Associates Clinic is scheduled to appear before the City Council on September 17, 2007, to seek
approval to rezone a portion of our West Campus property. We respectfully request that this topic be
tabled until the October 1, 2007, Council meeting.
Please contact me or Bob Hartig at 584-4115 if you have any questions.
Dee Collins
Administrative Assistant
Medical Associates Clinic
1500 Associates Drive
Dubuque, IA 52002
file://C:\Documents and Settings\jschneid\Local Settings\Temp\XPgrpwise\46E70002D... 09/13/2007
Planning Services Department
City Hall THE CITY OF
50 West 13~ Street
Dubuque, IA 52001864
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(563) 589-4210 phone ~, V
(563) 589-4221 fax
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(563) 690-6678 TDD
planningQcitYofdubuque.org
September 11, 2007
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque IA 52001
Applicant: Robert Hartig/Medical Associates Clinic
Location: 1500 Associates Drive
Description: To amend the Medical Associates Clinic Planned Unit Development (PUD)
District to redesignate existing greenway buffer for business uses.
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 location of a new
building, existing green space and area remaining after development. The applicant
reviewed existing photos of the site, the building location, parking configuration,
potential noise and activity for the building, impact of the project on assessed valuation
of adjacent residences, storm water control, access to the site, and existing and
proposed screening. He noted the need for growth area for campus expansion for
Medical Associates Clinic.
Staff reviewed the history of Medical Associates Planned Unit Development District,
recent amendments, and current regulations that apply to areas within the PUD
designated for business.
There were several public comments in opposition to the request, including loss of
green space, concerns over existing and additional storm water problems, truck traffic,
traffic safety, increased commercial activity, loss of views and buffer areas, additional
noise and light levels, and negative impact on resale and market value of residential
properties. The Zoning Advisory Commission received the attached letter and petition
in opposition to the request at the September 5, 2007 meeting.
The Zoning Advisory Commission discussed the request, noting that while Medical
Associates have made a compelling argument, the specific area was designated as a
buffer for residential properties in establishing the Medical Associates PUD and should
remain as green space. The Commission felt that if the buffer areas are removed after
Service People Integrity Responsibility Innovation
1500 Associates Drive
Page 2
a few years, citizens will not have confidence in the process for establishing planned
districts.
Recommendation
By a vote of 4 to 0, the Zoning Advisory Commission recommends that the City Council
deny the request.
A simple majority vote is needed for the City Council to concur with the Zoning Advisory
Commission's recommendation to deny.
A simple majority vote is needed for the City Council to override the recommendation for
denial and approve the request to amend the PUD.
Respectfully submitted,
L
Eugene Bird Jr., Chairperson
Zoning Advisory Commission
Attachments
cc: Gus Psihoyos, City Engineer
Service People Integrity Responsibility Innovation Teamwork
'7~ CTTY OF
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CERTIFICATION: I/we, the undersigned, do hereby certify that:
PLANNING APPLICATION FORM
Gty of Dubuque
Planning Services Department
Dubuque, IA 52001-4864
Phone: 563-589-4210
Fax: 563-589-4221
^ Variance ^Remning ^Simple Site Plan ^Annexation
^Conditional Use Permit planned District ^Minor Site Plan ^Tempozary Use Permit
^Appeal ^Preliminary Plat ^ Major Site Plan ^Certific~te of Economic Non-Viability
^Spesaal Exception ^Minor Final Pfat ^ Major Final Plat ^C;ertific~te of Appropriateness
^Limited Setback Waiver ^Text Amendment ^Simple Subdivision ^Crther:
Please tvae or print leaibiv in ink
Property owner(s):M_f~,71t CA t_ ASSoC 1 A'rk~ Phone:
Address: l5av AS~aC1A^i~ Oil. Gty: QV6clQVE State:~,[_ Zp: ~SZo~t.
Fax Number: Mobile/Cellular Number:
Applicant/Agent: _Raf3~2T ~ ~-A~k'C1G Phone5b3-5~~-.~?,ti,9~
Address: 15b~ RsSaC~ A'tLSORt V~ Gty: DU~Ublc1~ State: yA ,_ Zp: SZoo z
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Fax Number: 5b3 - 5'a ~+• ~-~~ d •P9abiffc}6e}iular Number: ~ 6 3 ^ X89 - 7 ` 6 O
Site location/address: _l5UD ASSnCi~~3 1~lL
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F~cisting zoning: 3 PAC. Proposed zoning: C. Historic District: Lardmark:
Legal Description (Bidwell parcel ID# or lot number/block number/subdivision): i_o~,~' J d~'
~t~t~.AL ASSoc.i,A'I~3 Sc~601yti51o/u
Total property (lot) area (square feet or acres): 2 • .9 A e.2E5
Describe proposal and reason necessary (attach a letter of explanation, if needed): iR~1,SdrCPoRA~T~
LoT ~ NN C C`ST'. rrSk'"~
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1. The information submitted herein is true and correct to the best of my/our knowledge and upon
submittal becomes public record;
2. Fees are not refundable and payment does not guarantee approval; and
3. All additional required written and graphic materials are attached.
Property Owner(s): Date:
ApplicarrtJAgent: Date: ,~:Z 7 0 '
FOR OFFICE USE ONLY -APPLICATION SUBMITTAL CHECKLIST
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Fee: Received by: t~ {'~k,va~~ ~ Date' ~ ~ ~ l ~ Dixket:
^Site/sketdi plan ~ Conceptual Development Plan ^Photo ^Plat
^Improvement plans ^Design review project desa-iption ^Floor plan ^Otfier: _
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THE CITY OF
DUB E
Masterpiece on the Mississippi N
Vicinity Map
Applicant: Robert Hartig/Medical Associates
Clinic
'i Location: 1500 Associates Drive
Description: To amend the Medical Associates
Clinic Planned Unit Development District to
redesignate existing greenway buffer for business
uses.
Legend
Medical Associates PC District
Q City Zoning Boundary
•
N
August 17, 2007
Dear Neighbor,
au~ z o 2oa~
CITY OF DUBUQUE
PLANNING SERVICES DEPARTMENT
Within the next several days you should be receiving a required notice from the City
with a request from Medical Associates to re-zone a portion of property along the north
side of the West Campus from Open Space to PC (Planned Commercial). A plan is
attached. For those of you who live along Cora Drive, this is the property that abuts
your back yard.
Medical Associates is in need of additional space at the west campus to meet our
growing space needs, which includes storage needs, some non-patient care areas, and
some patient care area needs. While the exact size of a building along the north side of
the property has not been determined, we believe it will be similar to the adjacent
Platinum Plaza building.
Medical Associates invites you to visit with us to learn more about the project, and to
present any ideas or concerns you may have. We have scheduled the following
meeting times: Monday, August 27, 2007, at 1:30 or 5:30 p.m. in Conference Room W-1
(located on the lower level) at our West Campus facility on Associates Drive. Hopefully,
you will be able to attend one of these meetings.
Si rely,
Bob Hartig, AIA
Director of Facilities/Plant Operations
1500 Pssociates Drive DubuQue, Iowa 52002-2260 563.584.3000 phone
THE CTTY OF
DUB E
Masterpiece on the Mississippi
MEMORANDUM
August 30, 2007
TO: Zoning Advisory Commission
FROM: Kyle L. Kritz, Associate Planner x~.~
SUBJECT: Proposed Amendment to Medical Associates Planned Unit Development
District
INTRODUCTION
The Zoning Advisory Commission is being asked to review the proposed amendment to
the Planned Unit Development District for the Medical Associates west side campus
known as Associates Park. The proposed amendment is to change the land use
designation of Lot 9, which is currently designated as a greenway buffer, to business.
The existing PUD Ordinance for Associates Park allows C-3 uses and setbacks for lots
designated as business in the PUD Ordinance. The applicant is requesting an
amendment to facilitate construction of a new building on the subject parcel.
DISCUSSION
The Medical Associates Planned Unit Development District was established in 1994.
The PUD was amended in 1996 that basically revised the conceptual plan and allowed
a right-in/right-out access to the Northwest Arterial. The PUD District was amended
again in 1999 to allow the two freestanding signs at the entrances to Associates Park.
The proposed amendment would change the land use classification of Lot 9 from
greenway to business. I have attached to this memo a copy of the ordinance adopted in
1996 that established that lots designated for business use are allowed to be developed
under the C-3 General Commercial regulations found in the City's Zoning Ordinance.
The subject property is approximately three acres in size and is located between the
existing and future Medical Associates Clinic parking areas and residential homes on
Cora Drive. The subject property slopes from the existing and future parking areas
down to the dwellings on Cora Drive. The parcel is approximately 180 foot in width for
most of its length, except for the east and west ends, which are somewhat wider.
Proposed Amendment to Medical Associates Planned Unit Development
August 30, 2007
Page 2
If the property is designated for business use, the setbacks for a new structure would be
the same as the C-3 General Commercial District bulk standards. Front yard setback is
20 feet, side yard setback is 6 feet, and rear yard setback is 20% of lot depth. The
subject parcel is 180-foot deep for most of the area adjacent to the residences on Cora
Drive. A 36-foot setback from the rear property line would be required for a new
building.
The applicant, Bob Hartig, has provided a sketch that shows the likely position of a
future commercial structure that would be a portion on the area shown for future parking
for Medical Associates Clinic, and also on the area currently designated as a greenway.
The sloped nature of the property would allow for convenient vehicle access to the
lower level without eliminating a significant amount of future parking spaces for the next
phase of the Medical Associates Clinic.
I have also attached copies of the previously approved conceptual development plans in
1994 and 1996, and have also included a draft PUD Ordinance that indicates the
changes as proposed by the applicant.
RECOMMENDATION
Planning staff recommends that Zoning Advisory Commission review Section 3-5.5 of
the Zoning Ordinance that establishes criteria for the review of Planned Unit
Development Districts.
KLK/mkr
Prepared by: Laura Carstens City Planner Address:
City Hall Telephone: 589-4210
ORDINANCE N0. 3~_-96
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE
CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED
EAST OF THE NORTHWEST ARTERIAL AT CHAVENELLE ROAD FROM R-1 SINGLE-FAMILY
RESIDENTIAL DISTRICT TO PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PC
PLANNED COMMERCIAL DISTRICT DESIGNATION AND A PR PLANNED RESIDENTIAL DISTRICT
DESIGNATION AND ADOPTING A CONCEPTUAL DEVELOPMENT PLAN, WITH CONDITIONS.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. Appendix A (the Zoning Ordinance) of the City of Dubuque Code of
Ordinances is hereby amended by reclassifying the hereinafter described property
from R-1 Single-Family Residential District to PUD Planned Unit Development District
with a PC Planned Commercial District designation and a PR Planned Residential
District designation and adopting a conceptual development plan, a copy of which is
attached to and made a part hereof, with conditions as stated below, to wit:
Lot 2 of 8, Sunset Park Sixth Addition; Lot C, Sunset Park Eighth Addition;
and Lot 1 of the SE 1/4 NW 1/4, Lot 1 of Lot 2 of the SW 1/4 NW 1/4, Lot 1 of
the NE 1/4 SW 1/4; and Lot 1 of Lot 2 of the NW 1/4 SW 1/4, all in Sec. 28,
T.89 N., R.2 E. of the 5th P.M., to the center line of the adjoining public
right-of-way, all in the City of Dubuque, Iowa.
Section 2. Pursuant to Iowa Code Section 414.5 (1993), and as an express
condition of the reclassification, the undersigned property owner(s) agree(s) to the
following conditions, all of which the property owner(s) further agree(s) are
reasonable and imposed to satisfy the public needs that are caused directly by the
zoning reclassification:
A. Use ReQUlations
The following regulations shall apply to all uses made of land in the
above described PUD District in accordance with the conceptual development
plan:
1) Phases 1, 2 and 3 Business--All principal permitted, accessory,
conditional and temporary uses allowed in the C-3 General Commercial
District as established in Section 3-3.3 of the Zoning Ordinance.
2) Phase 1 Residential--All principal permitted, accessory, conditional
and temporary uses allowed in the R-2 Two-Family Residential District
as established in Section 3-1.2 of the Zoning Ordinance.
ORDINANCE -96
Page 2
3) Phase 2 Residential--All principal permitted, accessory, conditional
and temporary uses allowed in the R-3 Moderate Density Multi-Family
Residential District as established in Section 3-1.4 of the Zoning
Ordinance
4) Phase 3 Residential--All principal permitted, accessory, conditional
and temporary uses allowed in the R-4 Multi-Family Residential
District as established in Section 3-1.5 of the Zoning Ordinance.
5) City Park Land and Natural Preserve--Public and private parks, nature
preserve and similar passive and active recreational uses.
B. Development, Lot and Bulk Regulations
Development of land in the PUD District shall be regulated as follows:
1) All building structures and activities shall be developed in
conformance with the attached conceptual development plan and all
final site development plans shall be approved in accordance with
provisions of this ordinance and of Sections 3-5.5, 4-4 and 4-5 of the
Zoning Ordinance.
2) All buildings and structures shall be located in accordance with the
lot and bulk regulations of the Districts identified in Section 2.A of
this ordinance for Phases 1, 2 and 3 Business and Phases 1, 2 and 3
Residential, and in accordance with the bulk regulations of the POS
Public Open Space District for City Park Land and Natural Preserve, as
established in Section 3-5.4 of the Zoning Ordinance.
3) A maximum building height of 40 feet shall be allowed for the medical
and commercial uses, except a maximum 30 feet height limit shall be
required for Lots 10, 9 and 8.
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) Lighting shall be provided per City standards.
2) Landscaping shall be provided in compliance with Section 4-5 of the
Zoning Ordinance and as stipulated in the conceptual development plan.
3) All utilities including telephone and cable television shall be
installed underground.
4) Sidewalks shall be placed four (4) feet behind the curb parallel to
the street on all public street frontages and connecting commercial,
residential and institutional areas and constructed in accordance with
City standards.
ORDINANCE -96
Page 3
5) To preserve topographical or natural features or to provide visual
interest, an alternative pedestrian system that provides safe and
convenient circulation shall be placed in accordance with the green
ways, City park land, natural preserve and open space areas designated
on the conceptual development plan and constructed in accordance with
City standards away from the street system to link dwelling units with
other dwelling units, streets and on-site activity centers such as
parking and recreation areas.
6) Final site development plans shall be submitted to the City Planner
for approval prior to the issuance of building permits and/or related
construction permits in accordance with Section 3-5.5 and 4-4 of the
Zoning Ordinance, unless otherwise exempted.
7) Major final site development plans for Phases 1, 2 and 3 Business also
shall be submitted to the Zoning Advisory Commission. The Commission
shall approve the site plans if they are determined to be in
substantial conformance with the conceptual development plan.
8) Preliminary and final subdivision plats shall be submitted to the City
Planner for approval in accordance with Chapter 42 (Subdivision
Regulations) of the Code of Ordinances.
9) All streets shall be dedicated to the public.
D. Open Space and Recreational Areas
1) Those areas not designated on the conceptual development plan for
development, and those areas designated on said plan as green way,
shall be maintained as open space, as defined by Section 8 of the
Zoning Ordinance, by property owner(s) and/or property or home owner's
association.
2). Those areas designated on the conceptual development plan as City park
land and natural preserve shall be dedicated to the City of Dubuque in
accordance with Chapter 42 (Subdivision Regulations) of the Code of
Ordinances.
E. Sian Regulations
The sign regulations shall for the PUD District shall be in accordance
with Section 4-3.11 of the Zoning Ordinance as follows:
1) Phases 1, 2 and 3 Business (Medical Office): ID Institutional
District.
2) Phases 1, 2 and 3 Business (Office/Retail/Service): C-3 District.
3) Phases 1, 2 and 3 Residential, City Park Land and Natural Preserve:
R-1 District.
ORDINANCE -96
Page 4
Additional Standards.
1) The conceptual development plan shall be valid for a period of ten
(10) years. The Zoning Advisory Commission may grant an extension in
accordance with Section 3-5.5 of the Zoning Ordinance.
2) No buildings may be erected and no uses may occupy any portion of the
PUD District until the required related off-site improvements are
constructed or appropriate security as determined by the City Manager
is provided to insure construction. As the PUD District is to be
developed in phases, all improvements necessary for the proper
operation and functioning of each phase, even though some improvements
may be located outside of the phase under development or outside the
PUD District, must be constructed and installed or appropriate
security as determined by the City Manager must be provided to insure
their construction.
3) Access to the Northwest Arterial for. Phases I, 2 and 3 Business shall
be approved by the City Council and limited to a full, signalized
intersection at Chavenelle Road, a right-in/right-out only access
south of Chavenelle Road and a restricted emergency-only access shall
be provided to Donovan Drive.
G. Transfer of Ownership
Transfer of ownership or lease of property in this PUD District shall
include in the transfer or lease agreement a provision that the purchaser
or lessee acknowledges awareness of the conditions authorizing the
establishment of the district.
H. Reclassification of Subiect Property
The City of Dubuque, Iowa, may initiate zoning reclassification
proceedings to the R-1 Single-Family Residential District in accordance
with Section 6 of the Zoning Ordinance if the property owner{s) fail(s) to
complete or maintain any of the conditions of this ordinance.
I. 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.
J. Recording.
A copy of this ordinance shall be recorded at the expense of the property
owner(s) with the Dubuque County Recorder as a permanent record of the
conditions accepted as part of this reclassification approval within ten
(10) 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 affect upon publication, as
provided by law.
~`~; ,~` , :~ :rte ;
..
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 ADOPTING A REVISED PLANNED
UNIT DEVELOPMENT ORDINANCE FOR THE MEDICAL ASSOCIATES WEST
CAMPUS PLANNED UNIT DEVELOPMENT DISTRICT AND BY REPEALING
ORDINANCES 24-94, 32-96 AND 35-99.
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 adopting a revised Planned Unit Development
Ordinance for the Medical Associates West Campus as stated below, to wit:
Lot 1 and Lot 9 Medical Associates Subdivision, Lot 1 thru 10 Medical Associates
Subdivision No. 2, Lot A Medical Associates Subdivision No. 3, Lot 1 thru 12 of Oak
Park Place, and to the centerline of the adjoining public right-of-way, all in the City of
Dubuque, Iowa.
Section 2. Planned Unit Development Regulations
A. Use Regulations: The following regulations shall apply to all uses
made of land in the above-described PUD District in accordance
with the conceptual development plan:
1) Phases 1, 2 and 3 Business: All principal permitted,
accessory, conditional and temporary uses allowed in the C-
3General Commercial District as established in Section 3-
3.3 of the Zoning Ordinance.
2) Phase 1 Residential. All principal permitted, accessory,
conditional and temporary uses allowed in the R-2 Two-
Family Residential District as established in Section 3-1.2 of
the Zoning Ordinance.
Ordinance No. 07
Page 2
3) Phase 2 Residential: All principal permitted, accessory,
conditional and temporary uses allowed in the R-3 Moderate
Density Multi-Family Residential District as established in
Section 3-1.4 of the Zoning Ordinance.
4) Phase 3 Residential: All principal permitted, accessory,
conditional and temporary uses allowed in the R-4 Multi-
family Residential District as established in Section 3-1.5 of
the Zoning Ordinance.
5) City Park Land and Natural Preserve: Public and private
parks, nature preserve and similar passive and active
recreational uses.
B. Development, Lot and Bulk Regulations: Development of land in
the PUD District shall be regulated as follows:
1) All building structures and activities shall be developed in
conformance with the attached conceptual development plan
and all final site development plans shall be approved in
accordance with provisions of this ordinance and of Sections
3-5.5, 4-4 and 4-5 of the Zoning Ordinance.
2) All buildings and structures shall be located in accordance
with the lot and bulk regulations of the districts identified in
Section 2.A of this Ordinance for Phases 1, 2 and 3
Business, Phases 1, 2 and 3 Residential, and in accordance
with the bulk regulations of the POS Public Open Space
District for City park land and natural preserve, as
established in Section 3-5.4 of the Zoning Ordinance.
3) A maximum building height of 40 feet shall be allowed for the
medical and commercial uses, except a maximum 30 feet
height limit shall be required for Lots 1, 2 and 3 of Medical
Associates Subdivision No. 2.
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) Lighting shall be provided per City standards.
2) Landscaping shall be provided in compliance with Section 4-
5 of the Zoning Ordinance and as stipulated in the
conceptual development plan.
Ordinance No. 07
Page 3
3) All utilities, including telephone and cable television, shall be
installed underground.
4) Sidewalks shall be placed four (4) feet behind the curb
parallel to the street on all public street frontages, connecting
all commercial, residential, and institutional areas, and
constructed in accordance with City standards.
5) To preserve topographical or natural features or to provide
visual interest, an alternative pedestrian system that
provides safe and convenient circulation shall be placed in
accordance with the green ways, City park land, natural
preserve and open space areas designated on the
conceptual development plan and constructed in accordance
with City standards away from the street system to link
dwelling units with other dwelling units, streets and on-site
activity centers such as parking and recreation areas.
6) Final site development plans shall be submitted to the City
Planner for approval prior to the issuance of building permits
and/or related construction permits in accordance with
Section 3-5.5 and 4-4 of the Zoning Ordinance, unless
otherwise exempted.
7) Major final site development plans for Phases 1, 2 and 3
Business also shall be submitted to the Zoning Advisory
Commission. The Commission shall approve the site plans
if they are determined to be in substantial conformance with
the conceptual development plan.
8) Preliminary and final subdivision plats shall be submitted to
the City Planner for approval in accordance with Chapter 42
(Subdivision Regulations) of the Code of Ordinances.
9) All streets shall be dedicated to the public.
D. Open Space and Recreational Areas
1) Those areas not designated on the conceptual development
plan for development shall be maintained as open space, as
defined by Section 8 of the Zoning Ordinance, by property
owner(s) and/or property or homeowner's association.
2) Those areas designated on the conceptual development
plan as City park land and natural preserve shall be
dedicated to the City of Dubuque in accordance with Chapter
42 (Subdivision Regulations) of the Code of Ordinances.
Ordinance No. 07
Page 4
E. Sign Regulations: The sign regulations for the PUD District shall be
in accordance with Section 4-3.11 of the Zoning Ordinance as
follows:
1) Phases 1, 2 and 3 Business (Medical Office: ID Institutional
District.
2) Phases 1, 2 and 3 Business (Office/Retail/Service) Signage
shall be allowed in compliance with the C-3 District
requirements, plus two 300 square foot freestanding
identification signs not exceeding 40 feet in height shall be
allowed identifying the businesses in the complex, subject to
the following conditions:
a) Approval by the Iowa Department of Transportation
(IDOT) of the location and placement of the signs.
b) Vacation by the City Council of the medians of
Associates Drive and Chavenelle Road, with
ownership of the median transferring to Medical
Associates Clinic, thereby making these on-premise
signs.
c) No off-premise signs shall be allowed.
3) Phases 1, 2 and 3 Residential, City park land and Natural
Preserve: R-1 District.
F. Additional Standards
1) The conceptual development plan shall be valid for a period
of ten (10) years after publication of Ordinance -07.
The Zoning Advisory Commission may grant an extension in
accordance with Section 3-5.5 of the Zoning Ordinance.
2) No buildings may be erected and no uses may occupy any
portion of the PUD District until the required related off-site
improvements are constructed or appropriate security as
determined by the City Manager is provided to insure
construction. As the PUD District is to be developed in
phases, all improvements necessary for the proper operation
and functioning of each phase, even though some
improvements may be located outside of the phase under
development or outside the PUD District, must be
constructed and installed or appropriate security as
determined by the City Manager must be provided to insure
their construction.
Ordinance No. 07
Page 5
3) Access to the Northwest Arterial for Phases 1, 2 and 3
Business shall be approved by the City Council, and limited
to a full, signalized intersection at Chavenelle Road, aright-
in/right-out only access south of Chavenelle Road and a
restricted emergency-only access shall be provided to
Donovan Drive.
G. Transfer of Ownership: Transfer of ownership or lease of property
in this PUD District shall include the transfer or lease agreement a
provision that the purchaser or lessee acknowledges awareness of
the conditions authorizing the establishment of the district.
H. Reclassification of the Subject Property: The City of Dubuque,
Iowa may initiate zoning reclassification proceedings to the R-1
Single-Family Residential District in accordance with Section 6 of
the Zoning Ordinance if the property owner(s) fail(s) to complete or
maintain any of the conditions of this ordinance.
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.
J. Recording: A copy of this Ordinance shall be recorded at the
expense of the property owner(s) with the Dubuque County
Recorder as a permanent record of the conditions accepted as part
of this reclassification approval within ten (10) 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 affect upon publication, as
provided by law.
Passed, approved and adopted this day of 2007.
Roy D. Buol, Mayor
Attest:
Jeanne F. Schneider, City Clerk
Page 1 of 1
Kay Munson - Medicat Associates Proposed Rezoning
sr
From: "Georgia" <reddody(u~,mchsi.com>
To• <kmunson~acityofdubuque.org>
Date: 08/29/2007 4:45 PM
Subject: Medical Associates Proposed Rezoning
August 29, 2007
Planning Services Department
City Hall
50 West 13th Street
Dubuque, IA 52001
RE: Medical Associates proposed rezoning
Dear Zoning Advisory Commission,
We live at 1575 Donovan Drive and received notice of a proposed zoning change on the Medical Associates
property.
We are writing to formally object to the proposal.
When we purchased our lot and built our home in 1998 we checked into the zoning in the area. We left our
neighborhood on Nightingale Lane after winning a lengthy and costly battle with the business there (Krieg Boys
Ice) that moved into the neighborhood after the neighborhood was established. We accomplished getting a
green space put between our homes and the business.
We are well aware that the greenway buffer between us and Medical Associates was put there to protect the
neighborhood. That is what a greenway buffer is suppose to do. By changing the zoning in this area it will "open
a can of worms" and cause harm and damages to all the homeowners.
We are asking you to listen to the amount of homeowners who are against this zoning change and vote NO to the
proposed change.
Thank you for your time,
Tim and Georgia Schmit
1575 Donovan Drive
Dubuque, Iowa 52002
file:l/C:\Documents and Settings\kmunson\Local Settings\Temp\XPgrpwise\46DSA2AF... 08/29/2007
September 5, 2007
To: Dubuque Zoning Advisory Committee
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CITY OF DUBUGUE
PLANP~l1NG SERVICES DEPART",SENT
From: Interested Parties Related to the Medical Associates Clinic Zoning
Proposal
Re: The proposal to amend the Medical Associates Clinic Planned Unit
Development District to re-designate existing greenway buffer for business
uses.
We, the undersigned, strongly object to the proposal to amend the Medical
Associates Clinic Planned Unit Development District to re-designate existing
greenway buffer for business uses for the following reasons:
• Decrease in market value of residential properties in the affected area.
• Storm water control. This is a major concern for the homeowners adjacent
to the proposed rezoning as previous construction in the area has resulted in
unacceptable water drainage affecting our property.
• Noise, pollution, and safety factors involving semi trucks and box trucks in
close proximity to residential homes would impair our right to quiet
enjoyment of our property.
• Increased activity related to operating a commercial business is not
conducive to residential living.
• Security lighting at night will shine into residential homes interfering with
normal lifestyles.
• Overshadowing of residential properties by a multi-level business building
would diminish the aesthetics of our property.
• Property investment decisions were based upon the original zoning of this
land (as green space) as established in 1994.
Signature list objecting to the Medical Associates proposal
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