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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 T T (563) 589-4210 phone ~, V (563) 589-4221 fax ~ MQSter~J1CCe OYl t~1C MISSISS1~71 (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 DUB E ~.~ 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 PA66Eft Fax Number: 5b3 - 5'a ~+• ~-~~ d •P9abiffc}6e}iular Number: ~ 6 3 ^ X89 - 7 ` 6 O Site location/address: _l5UD ASSnCi~~3 1~lL P.c:-oP~ 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'"~ A'i'_Cl-CW ~ ~-~ 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 39S '/ 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: _ PI U u ~ ~ ~ ~ ~ O ~ Q ~ ~ R ~ PENNSYLVANIA ~ ~ ~ ~ QO d ~ Q O R-' ~ ~ Q°O ~ O~°o 0 ~ ~ ~ 0 c~ ~ o~~ o d o s~, fl~~ Q D ~~ Q C?~ ~o o~~Q o ~ p ~ ~ ~ ~ .........:.......:::::... ° ~~ ~ p ~ ~ ~ a ~ .... ....................... ......... ................... .................... ..................... ~~ [~~ R-3 O :P~~ PR ..................... ................:....:::. CS .................................................. .............................................. ......................................... ~~~ ~ RR ~I U PC C-3 R-2 R-4 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 ~~ C~C~~0~1~ ~ ~~ r! S E r 5 2007 k 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 S' nat re Printed Name Address Phone ~`~ v ~~`-~ Ali u ~ /~llr~~~~ sd2~ C~~ ~. - Q~r~Ne S~2 -~o~~- ~~~~ ca ~,~~ ~~ .s~.~-Q~v~ c~ ~ ~~S < ~^2~4 X1,2 ~u~- 4 ! 9~ / ~.. LEI V o lU' /U` ~ r ~ lU' /u'D ~ ~ ~ C O ~1,... ~ ~ `~ d'S- ~.~ ~tv ~ ~~ ~ ~~bd'c~ir-~ Sc-~~1- -~- I ~ ~S I~~1`7UVG ~ ~S 7~ /,~ ~ , a U .~Q~.,~-3 -~, ~~B l ~-! C,~~ f712, ~~~ ~3 ~pl~~ ~z-. 7 / ~5~ -/~3 ~,~ ~r m~ 1,y~ ~ sr~ 3 ~~~ C~ ~ ~~- s~g) `73~~ Signature list objecting to the Medical Associates proposal Signature Printed Name ~ ~~ Address Phone ,3~ zz ~ s~3--s~~-zz.U a X63 ~ ~~ ~~3 a 5~ ~f S'~ ~~~~3s~ 4 ~S ~(~ .5~.3~ ~S~ ~ ~`7 ~~~ ~~ ~ ~i !~ X3-2 3 ~' ~ _ ~~ - Oce~h~ 39 v 7 Cora. ~~''%~~ Slo 3 -S.S~j-8~~f~- Signature list objecting to the Medical Associates proposal Signature Printed Name Address Phone due U/ scs 3~~1 CPrrc Orj ve 5~3 X42-73~G 5 0 ~ Y` ~$ ~J (c~r~ ~ , sad ' Coe~tb ~i~~~Z ~-s~~-~ ~~3 GeP~- .D~- - a~`f ~- D~-2~ ~. ~~- :~~~~ c ~~~i~- dad. ~n ~'- 3 ~~7