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Request to Amend Tower Hills Planned Unit Development
Copyright 2014 City of Dubuque Public Hearings # 2. ITEM TITLE: Request to amend Tower Hills Planned Unit Development District on Rockdale Road /South Pointe Village SUMMARY: Proof of publication on notice of public hearing to consider approval of a request by Chris Miller to amend the Tower Hills Planned Unit Development(PUD) District on Rockdale Road to allow development of South Pointe Village; comprised of two Commercial lots and Single and Multi- Family residences and the Zoning Advisory Commission recommending approval with the condition that the secondary emergency access be required when 100 dwelling units are completed. ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances Unified Development Code by reclassifying hereinafter described property located at 2475 Rockdale Rd. from R-1 Single-Family Residential Zoning District to PUD Planned Unit Development with a PR Planned Residential Designation and amending the Tower Hills Planned Unit Development to allow the development of the South Pointe Planned Unit Development comprised of single and multi-family residential dwellings and commercial building lots SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion A ATTACHMENTS: Description Type ZAC Letter Staff Memo Applicant Materials Supporting Documentation Staff Materials Supporting Documentation Ordinance Ordinance Exhbit 1 PUD Plan Ordinance Citizen Input Supporting Documentation Proof of Publication Supporting Documentation Suggested Motion Supporting Documentation Planning Services Department Dubuque City Hall IIV**VA THE CITY OF E 50 west 13th Street DUB Dubuque,IA 52001-4864 1I��� (563)589-4210 phone (563)589-4221 fax Masterpiece on the Mississippi mr+•miz•mn (563)690-6678 TDD planning@cityofdubuque.org April 11, 2016 The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 13th Street DubuquelA 52001 Applicant: Chris Miller Location: Rockdale Road Description: To amend the Tower Hills PUD Planned Unit Development District to allow development of the South Pointe project comprised of two commercial lots and single and multi-family residences. 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. Chairperson Norton excused himself from the table. Discussion The applicant spoke in favor of the request, reviewing the number of building lots, access to the development, and projected build-out of the development. Staff reviewed the staff report, reviewing the history of zoning applied to the property, the number of building lots, access available to the site, proposed allowed uses, proposed public street layout, and availability of City water and sanitary sewer. Staff reviewed potential vehicle trip generation for the proposed project. There were public comments regarding the potential for pedestrian access to Table Mound School, the poor condition of Rockdale Road and its ability to hand the additional traffic generated, and questions about the allowed uses for the two commercial lots. The Zoning Advisory Commission discussed the request, reviewing potential for the developer to obtain a secondary access, allowed uses for the commercial building lots and multi-family lots. Commissioners discussed placing a limit on the number of dwelling units that would be allowed prior to a secondary access being developed. Service People Integrity Responsibility Innovation Teamwork The Honorable Mayor and City Council Members Page 2 Recommendation By a vote of 4 to 0 with one abstention, the Zoning Advisory Commission recommends that the City Council approve the request with the condition that the secondary emergency access be required when 100 dwelling units are completed. A simple majority vote is needed for the City Council to approve the request. A super majority vote is needed for the City Council to amend or remove the condition. Respectfully submitted, ��1��'r"zl Tom Henschel, Vice Chairperson Zoning Advisory Commission cc: Alvin Nash, Housing & Community Development Director Maurice Jones, Economic Development Director Rick Steines, Fire Chief Gus Psihoyos, City Engineer Service People Integrity Responsibility Innovation Teamwork THE crry os City of Dubuque ]DUE aTE Planning Services Department ]D Dubuque, IA 52001-4805 Masterpiece on the Mississippi Phone: 563-589-4210 Fax: 563-589-4221 plan n ing(&citvofdu bug ue.ora PLANNING APPLICATION FORM ❑variance NPreliminary Plat ❑Simple Subdivision ❑Certificate of Appropriateness ❑Conditional Use Permit ❑Major Final Plat ❑Text Amendment ❑Advisory Design Review (Public Projects) ❑Appeal ❑Minor Final Plat ❑Temporary Use Permit ❑Certificate of Economic Non-Viabilitv ❑Special Exception ❑Simple Site Plan ❑Annexation ❑Historic Designation Choose one ❑Limited Setback Waiver ❑Minor Site Plan ❑Historic Revolving Loan ❑Demolition WRezoning/PUD/ID ❑Major Site Plan ❑Historic Housing Grant.; ❑Port of Dubuque Design Review Please type or print legibly in ink Propertyowner(s): Dubuque South Pointe LLC phone: Address: PC Box 141 City: East Dubuque State: IL Zip:61025 Fax#: Cell #: E-mail: Applicant/Agent: Chris Miller Phone: 563-556-4000\ Address: 1205 Heather Glen C;ry Dubuque State: IA Zip: 52003 Fax#: Cell #:563-580-9306 E-mail: chris@millerdevelopmentgroup.com Site location/address: Rockdale Rd. Neighborhood Association: N/A Existing zoning: PUD-PR Proposed zoning: N/A District: N/A Landmark: ❑Yes M No Legal Description(Bidwell parcel ID#or lot number/block number/subdivision):Lot 1 and Lot 1-1-2 of Tower Investments Sub.No.1 Total property(lot)area (square feet or acres): 96'0 ac. Describe proposal and reason necessary(attach a letter of explanation, if needed): Residential Subdivision Development CERTIFICATION: I/we,the undersigned,do hereby certify/acknowledge that: 1. It is the property owner's responsibility to locate property lines and to review the abstract for easements and restrictive covenants. 2. The information submitted herein is true and correct to the best of my/our knowledge and upon submittal becomes public record; 3. Fees are not refundable and payment does not guarantee approval; and 4. All additional required written and graphic materials are attached. Property Owner(s): /[RuQu� tm o_ rl�L� Date: n• Applicant/Agent: C�6ttG s �l�(q Z(.w Date: FOR OFFICE USE ONLY—APPLICATIO S,IUBMITTAL CHECKLIST Fee: YVI oDReceived by: / Date:.3• - /6 Docket: PRELIMINARY PLAT/CONCEPTUAL PLAN CO ' JclZ SOUTH POINTE „ =_ ��' \ + - - 0' 100' ear EL AS COMPRISED OF LOT 1 AND LOT 1-1-2 OF TOWER INVESTMENTS SUB. NO. 1, 1• = 400'(I+'Xv) w w 1 - 20W(24')C6' O U LOT 2-1-1-1-1-1-2-2 OF M.L. 483, LOT 1 OF MARY LOU PLACE, „ , �' •+ !�. `R' _/, ', AND PART OF LOT 2-1-1-1-1-1-1-1 ANNIE WALLERS SUB. $2, m ALL IN THE SWI/4 OF SEC. 1, AND THE SEI/4 'I' 1"` >•+�� — - PERIMETER AREA N aP.M., `\"`aF's�� ECJauR11D`:;- - - -. WL'"1 II z to OF SEC. 2, T88N. R2E, OF THE 5TH P.M., \\\ I / /' � 'a"�' 16w1 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA, ����c ;\ I` ', I� ( ,� �- ' - i ' IF '� ' SECONDARY APPROX. 96.0 AC N N \ - � TCF `n.v-d ` I EIMERGENCY ACCESS WElf M Q ns. ; . `� ✓ '� r • '6:. `T- - RG.9 uyra: �_`I. In 10/1 ¢ N Q ¢ F _ I BOUT'PVEOINTE DWEXTENSION •r r r/ SRI, - vz -a ii.": 's, . I „ r _ _ _ _' � -' l�,Ir�� ,� ` � � • _ __ J i r 1.� S - I t I I 'N' ,d' I {ate 3 II g ` \ ,6M /I +I I \ i w J Ei .y.� � ftr Z,.i 1E � -�_ir I VI�•6&j W U RANOP UNE 1'i�II %�F s - fid ' ._� _ - f♦m _r I r i IpT� r �.n f'_+ I iL - G� Q = 'r� I J/ 'v - j I. /, Y� IIfY� 1, � IS7� ue,/ W 1� L T - - 1- ti ) �� _ �•' - V2 D WAIERBRIDGEtPNE d¢� W // i�� / r / ✓ � 4 ugM' �� / N p zO5 � it i' '��r �r' r,/< i�. -rr / 1,:67, /; � =-� � `2 ,� _r� '�, 1P`..1' �. 9 '_t^:�_ 1•__ moi% - '<In�n w AUTUMN RIDGE WIE ON¢ Li../; .`J r r \ • `\ ` ` ) 6 a ! F - sl -Y - J li r r wrr _ II ti �� souTH POIN y c � re oarvE WILLowHAVEN ✓I r`1 '`\`�11� / / .fi��, •c_Y l": � � _ Nf\�1� -d A�/� I� �L Irl m _ ✓ I'�"� .��1 '`_-` ANY�.Y •^ ��'\ ' �' R} �1' N STREET NAMES d c U NOTES U 1. THIS PROPOSED RESDENRAL SIBWNSION IS LOCATED IN TIE CITY OF OUBUWE w O M, 2 SAID LOTS ARE PRESENTLY 0WNED BY. Q CLOUOIE SOUTH POINTE LLC/PO BOK 141 /EAST WBUWE,LL 61025 d LEGEND LEGEND Z p z SND LOTS ARE PRESENTLY ZONED PLANNFD RESIDENTIAL, zY BCC TO BOC 1.SOLAR SUBDIVISION W POINTS Q N EpSTNC PROPERTY LINE CL CENTERLINE Q 4. PROPOSED ROW MOUTH IS 50'.WITH 115'DIA AT QIL-OE-SACS.STREETS ARE PROPOSED TO BE 2Y w' 2 REDL OED STREET MOTH(2T) - 5 POINTS - ---- EXISTING PERIMETER BOC BACK OF CURB BACK TO BACK WTH A CUL DE SAC DIAMETER OF 96'. PROPOSED RETURN RADII ARE 20 AT �W 3.PRESERVATION OF EXISTING TREES 5 POINTS - EXISTING RIGHT OF WAY(ROW) B-B BOC TO BOC -) � d1 INIERSECTMS ANO 3V AT CUL-OE-SACS T 4.REDUCED GRADING 5 POINTS ------------ EXISTING EASEMENT UNE ROW RIGHT OF WAY a �1 PuocwAr PROPOSED PROPERTY UNE XTGMo EXISTING p 5. THERE ARE DETENTION THE F BASINS SHOWN IF NEEDED. THE DETENTION W DETENTION WILL BE S TOTAL 43 PANTS ___-________ PROPOSED EASEMENT LINE PRO PROPOSED F THE SIZE O WRING ME FINAL PLATTING PROCESS AND OPLL DETERMINE ff DETENTION IS NEEDED AND ---------------------- PRO. BUILDING SETBACK SL STREET ULE MNr liff SIZE GL THE BASIN. A,eew ¢SX 23u 4 -_-_-_-_- �11ERLINE PP POWER POLE W W OT 6. ALL ELEVATIONS AND CONTOURS SHOWN ON THIS PUT ARE ON AN ARBITRARY DATUM. CONTOUR 'w CYG `'Y RWID Y ACC 54pEt®,MY, M.STREET F-I FIRE HYDRANT L) F Q INTERVAL IS 5 FEET. smE sASE - - - )(TQ SANITARY MMER WV WATER VALVE Z Z 3 XTG. STORM SEWER MH MANHOLE 7. THERE ARE 2 COMMERCIAL LOTS(EAST SDE),42 MOLT-FAMILY LOTS(W WLE/EAST ME).AND 101 COPA. n.s®aam,rcvAm n AX101E - - - - - - XTG. WATER CB CATCH BASIN W OT SINGLE FAMILY WM(WEST SIDE). OF THE 42 MULTI-FAMILY LOTS,W OF THEM ARE 2 UNIT LOTS.5 OF w M TYPIC SECTIONIwMI.. - - - - - MOVERHEAD UT RTES SS SANITARY SEWER F U a W THEM ARE 3 UNIT LOTS, AND I IS A 4 UNIT LOT FOR A TOTAL OF 91 MWT-FAMILY UNITS M.(UNUSS S'EaFla* - -• --- M. TELEPHONE STS STORM SEWER c22 � XTG GAS FES FLARED END SECTION ~ qA O PRO. STREET(C-G) WM WATER MAIN F H n. 31'BW TO BOC T_UNUTLDINAL SUBORAIN OETAR - - - - PRO. SANITARY SEWER PCC PORTLAND CEMENT CONCRETE W - - - PRO. STORM SEWER ACC ASPHALT CEMENT CONCRETE _ 0- _V mM m m N_ PRO WATER R RADIUS CO J O 0 wxw"Ixxxxyw ROf ^-au--- XTG. CONTOUR C-G CURB k GUTTER a (n p.,� I HER TFY THAT THIS ENGNEFRING DOCUMENT WAS 2y�-2y PUE PUBLIC UTILITY EASEMENT D( OqA PREP _TIME OR UNDER MY DIRECT PERSONAL 5 ,........,•f4 SUP NSION D THAT I A DULY LENSED PROFESSONAL o5 Sf Ap y SANITARY SEWER CABLE EASEMENT CAS...) 3Y •"E' Lm DO �To�IXW/N STE STORM SEVER EASEMENT ENGI EER U R THE WS THE ATE OF IOWA 4' "J_ PATRICK.L ��///// WATER __�. 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' I`L_9$`� -' - - � � � W O D r I 1 I _-__ J I r 1 � I �\\ ' \ \ \ \ i / � � _f`-"••�'��\�_ LOT��6--_L i LOT 27 - k �_ -'- I 1 \ 1 \ ` "\ ` `\ \--- _- ;;'` _ ; f _ r-�; - .T 1 I I'°NOT'. 1 I 1 u \`� Z1.za3af- i l' - r L'aT L8-; 1-_ r--- ,k, , I I I `r I i II I i / 1 ` ` +-44-250sf `� / ` 12I SII 1 54JsJ 10 11 r.•L`OT O/ u'� 93 /sf I I 4 4 1 Q S ' THE CITY of Dubuque �y i �O 4 D B L 1 imeticaCil' U p Masterpiece on the Mississippi ented.,01z.,old m n _ -- Vicinity Map is's Applicant: Chris Miller LEVO y~ Location: Rockdale Road HEIDI r Q, Description: To amend the Tower Hills Planned e Unit Development (PUD) District to allow development of South Pointe Village; comprised of two commercial lots and Single and SAVANNA DR Multi-Family residences. ccO o Q 61 `OBS ST cc o Q JOHN ST ��.17 M I,, tOa Legend cD KREMER PARKA Applicant Property e Flood Plain ti h 3 s DISCLAIMER:Geo Information was compiled using the r ludo itsa Gated by both the City Systemue and t,wMCM1 includes date created by bofM1 the City or Dubuque and Dubuque County. It is understood that,while the City of Dubuque andparticipating agencies utilized the most current AI and accurate lnformationavailable,DAGISandlts suppliers do �V comemadm me accuracyhCity currency of acing genies shall net C, not wineaherei The Gayand urrencthe information or data ,N\ 9P be held liable for any direct,indirect,incidental.consequential, OO punitive,or special damages,whether foreseeable or unforeseeable,arising out of the authorized or unauthorized P use of this data or the inability to use this data or out of eery OR RD breach of warranty whatsoever. _ � / f• F LI fV LI r i4 j. Owl- r v <• J -. /" 1� 1, is 3 � . • t Sok 4c V: o ., 114 f ♦ tai $.. - _ \£��' _ 'LF`."-- ' _ _ _ ` �3�/ ' -- 'i -.tel 1.� • j�*• .t� l i• s imp r ., p 'woo- 1aV �.Vwl. _ f4' l _ oL- f • •fie - - - - r( __ - .. __ wow y r d �e •` w4v"�'.�Y♦:ate �'�y 1�. ' +, _.R! �= ''tea. -. �' _ � _ :k �_ .�:�,f � �` :� _ �' _, ,•,. - 1 rt , - �i,�is � _' F'-'�-'+ ' _�� ; .. _� +� ! ` •�r - � � � * - _ ,�i� xF '�A`B^F'_wy ��� d �.. t�-,y. 51i � � � y, 1�• t , - - i*� PLANNED DISTRICT STAFF REPORT Zoning Agenda: April 6, 2016 Project Name: South Pointe Property Address: Rockdale Road Property Owner: Dubuque South Pointe, LLC Applicant: Chris Miller Proposed Land Use: Residential/commercial Proposed Zoning: PUD Existing Land Use: vacant Existing Zoning: PUD Adjacent Land Use: North — Residential Adjacent Zoning: North — PR/R-2/AG West —Agricultural/open space West—AG South — Residential South — PR/AG East— Commercial East—R-1/C-3 Flood Plain: N/A Total Area: 96 acres Water: Yes Existing Street Access: Yes Storm Sewer: No Sanitary Sewer: Yes Previous Planned District: The property has been zoned for Multi-Family Residential or Planned Unit Development since 1971. The only portion of the property that has been developed is the mobile home park at the end of Tower Drive. That development is owned by another entity not connected with the ownership of South Pointe. Purpose: The requested amendment to the Planned Unit Development for Tower Hills is to facilitate the development of South Pointe that includes single-family, multi-family, and commercial building lots. Property History: The subject property was annexed to the City in 1970 and rezoned to multi-residential district in March 1971. The subject property was subsequently designated as a PUD Planned Unit Development as part of a City-wide rezoning process in 1975. The property was again designated as a Planned Unit Development as part of the 1985 comprehensive rezoning of the city. However, there is no PUD Ordinance associated with this district as there would be if the property was rezoned to PUD today. Physical Characteristics: The subject property encompasses approximately 96 acres of rolling topography and is accessed from Rockdale Road. The western portion of the property is wooded and slopes down to the Catfish Creek valley. Planned District Staff Report — South Pointe Page 2 Conformance with Comprehensive Plan: The City of Dubuque 2030 Future Land Use Map designates the property for multi-family residential. The proposal is consistent with Land Use and Urban Design Element Goals 1, 2, 6, 7, and 8. Staff Analysis: Streets: The proposed development includes new public streets that will be built to the city street standards of 31 or 27-foot width paving and 50-foot right-of-way. The 27-foot wide streets will have on-street parking restricted to one side. Access to the site will be from a single public access point on Rockdale Road. The applicant is working on providing a secondary emergency access. Sidewalks: The proposed new public streets will be built to city design standards that require sidewalks on both sides of the street. The developer, Dubuque Community School District, and the City will also be discussing providing appropriate pedestrian pathways to the Table Mound School property to promote Safe Routes to Schools. Parking: Off-street parking will be required as per the City Unified Development Code for single and multi-family residential as well as the commercial lots. Required off-street parking is typically two spaces per dwelling unit for residential structures, while required parking for commercial property is based on the square footage of the structure. Lighting: New outdoor lighting associated with the commercial development properties will be designed to the City's requirement to utilize 72-degree cut-off light fixtures for both freestanding and wall-mounted applications. Signage: Signage will be provided based on the sign regulations associated with the R-1, R-3 and C-2 zoning district requirements. Bulk Regulations: The proposed development of this PUD will utilize three different zones within the development. Zone A will utilize R-1 Single-Family Residential District bulk regulations. Zone B will utilize the R-3 Moderate-Density Multi-Family Residential bulk regulations, and Zone C will utilize the C-2 Neighborhood Shopping Center District bulk regulations. Permeable Area (%) & Location (Open Space): The proposed development of the South Pointe project will maintain permeable area and open space similar to that of other recent developments in the city of Dubuque. The development of single and multi-family residential dwellings is limited to 40 percent of the lot to be covered by buildings. The commercial lots fronting Rockdale Road will be required to maintain a minimum of 20% of the lot area in green space, and in addition, must provide buffer yards for parking lots and building setbacks. Planned District Staff Report— South Pointe Page 3 The project also proposes dedication of park area, approximately 3 acres in size, to the city of Dubuque in the center of the development. The park area may be modified based on discussions with the Leisure Services Department and Dubuque Community School District. Because of the large play yard available at Table Mound School, an alternative may be a passive recreation area rather than a playground or pedestrian pathways. Landscaping/Screening: The submitted conceptual plan indicates there will be a buffer area along the south side of the main road entering the development. The development of the commercial lots fronting on Rockdale Road will also require screening adjacent to residential uses and buffer yards from the existing Rockdale Road right-of-way. Phasing of development: None proposed at this time. Impact of Request on: Utilities: Existing City water and sewer mains are available to serve the subject site. The Engineering and Water Departments have reviewed the conceptual plan/preliminary plat and do not anticipate any major issues regarding serving the proposed development. The developers will need to acquire adequate utility easements and provide for the extension of water and sewer mains throughout the development as part of constructing South Pointe. Detailed improvement plans will be submitted, reviewed, and approved prior to commencing construction. These plans are submitted to City staff as part of the Final Plat review process. Traffic Patterns/Counts: Access to the site is by way of a new public road from Rockdale Road extending westward into the development. As the primary access will be serving approximately 101 single-family homes and 91 multi-family units, City staff has recommended the developer establish at least a secondary emergency access into the project. Because of surrounding development and street patterns as well as topography, the provision of a viable secondary public street access is difficult. Staff estimates that South Pointe will generate approximately 1,500 vehicle trips per day when fully built out. Specifically, based on the Institute of Traffic Engineers (ITE) Trip Generation Manual, 9.5 vehicle trips per single-family home and 6 vehicle trips per multi-family dwelling can be expected. Public Services: Existing public services are adequate to serve the site. Environment: Staff anticipates that the proposed development will have minimum impact to the surrounding environment provided adequate erosion control is practiced during all phases of development and that storm water management is Planned District Staff Report — South Pointe Page 4 provided in a manner that complies with City of Dubuque adopted codes and policies related to storm water management. Adjacent Properties: The most likely impact to adjacent property will be the increase in vehicle trips along Rockdale Road as well as a change in the built environment. The subject property, while being annexed to the City in 1970, has been predominantly vacant over the ensuing 46 years. The only portion of the development that was ever constructed was the Tower Drive Mobile Home Park at the end of Tower Drive (Exhibit A). The subject property was anticipated (when annexed to the city) to be developed as Tower Hills Community with 224 mobile homes, 248 townhouses, 90 condominium units, 96 apartment units, and a 5-acre community shopping area. A copy of the conceptual layout of the Tower Hills Community is attached to this staff report (Exhibit B). CIP Investments: None proposed. Staff Analysis: Project Overview: The proposed South Pointe development encompasses 96 acres on the south side of the city of Dubuque. The project site is south of Table Mound School and north of the Table Mound Mobile Home Park. The proposed 96 acre development includes 101 single-family detached homes, 91 multi-family townhouse-style dwellings and two commercial lots. The proposed South Pointe development is an amendment to the existing PUD Planned Unit Development designation applied to the subject property since 1975. The project will be built out in yet to be determined phases. Developments of this size can take upwards of 5-10 years to complete, depending on market conditions. Property History: The subject property was annexed to the city in 1970. Attached to this staff report is a copy of the first two pages of the Tower Hills Community proposal by Tower Investments, Inc. (Exhibit B). The first page is the list of dwelling units proposed and the second page shows a layout of the entire development. In March 1971, the property was rezoned to Multiple Residence District. By Resolution 138-71, the City Council approved the mobile home portion of the Tower Hills Community comprised of 224 dwelling units. It had been anticipated at that time that the development would be expanded to other portions of the property following the Tower Hills Community concept, all of which was placed in the multiple residence district classification pursuant to the plan. A portion of the Towers Hill Mobile Home Park was built at the end of Tower Drive, but the balance of the property has been vacant since that time. A copy of the approved Planned District Staff Report — South Pointe Page 5 layout is attached to this staff report. The portion of the mobile home park that was actually built and exists today is highlighted (Exhibit A). In 1973, Ordinance No. 18-73 rezoned an area near Rockdale Road from Multiple Residence District to Local Business B in keeping with the concept for the Tower Hills Community of having a local shopping area. The commercial area was subsequently rezoned to R-1 Single-Family Residential and the balance of the property zoned PUD Planned Unit Development with a PR Planned Residential designation as part of the comprehensive rezoning of the city in 1985. An important point of distinction for this property is that unlike the other planned unit developments in the city of Dubuque, there is not a detailed ordinance associated with this PUD that establishes allowed uses, setbacks, lot sizes, and signage. As part of this proposed amendment to develop the South Pointe proposal, City staff has drafted a PUD Ordinance that will regulate development of the property and is attached to this staff report. Project Details: The proposed South Pointe project encompasses single-family, multi- family and commercial area along Rockdale Road. South Pointe will be comprised of predominantly detached single-family homes and laterally attached two and three-unit townhouses. Attached to this staff report is a draft PUD Ordinance that includes Exhibit 1 highlighting three zones designated A, B and C. Zone A is comprised of single-family detached dwellings and a proposed park area as well as the primary detention basin for the development. Zone B encompasses the laterally attached townhouses and Zone C is the commercial area along Rockdale Road. These zones will be regulated by the attached PUD Ordinance. Each zone within the PUD corresponds to an established zoning district in the Unified Development Code. Zone A = R-1 District, Zone B = R-3 District, and Zone C = C-2 District. In this way, rather than "re-inventing the wheel", a set of familiar and well established regulations will be used to regulate development of South Pointe. The street system within South Pointe will be built to public street standards and be dedicated to the City for public maintenance. The streets will be built to the standard City specifications for 31 and 27-foot paving and 50 feet of right-of-way width. The number of cul-de-sacs has been kept to a minimum and will be designed to the City's new standards of 90-foot diameter. LED street lights and fiberoptic cable will also be included within the right-of-way of the new public streets. Access: Public street access to South Pointe will be from Rockdale Road. The proposed primary access for South Pointe will be on Rockdale Road near Crosshill Drive's intersection with Rockdale Road. This access will be required to comply with the required site visibility standards for intersections. Planned District Staff Report — South Pointe Page 6 Because of existing street and development patterns as well as topography, the developer has found it difficult to obtain a second public access into the subdivision. The developer has noted on the concept plan a secondary emergency access from the end of Tower Drive into the proposed South Pointe Project. This access would only be used if, for whatever reason, the public street access from Rockdale Road would be unavailable for any reason. There is no agreement with the property owner of Tower Drive Mobile Home Park regarding this access at the writing of this staff report. The PUD conceptual development plan for South Pointe is also a preliminary plat. The Unified Development Code Section 11-8, subparagraph A, subparagraph 5 stipulates that no more than 40 private lots shall be allowed in any phase, combination of phases, or contiguous subdivisions having only one exit. The Unified Development Code does allow the Zoning Advisory Commission and the City Council to waive any requirement of the subdivision design standards which will be required as part of this development's approval. City staff and the developer investigated the potential for a secondary access to the south that would connect to the Waller property adjacent to the subject area. The difficulty with this access is that the topography does not lend itself to a street access as there is a steep draw that divides the applicant's property from the Waller property (Exhibit C). Even if a street was extended to the Waller property, it would have to transverse through their property with the closest access to another street being Key West Drive and/or Oregon Street. Attached to this staff report is a map that depicts the existing street and development pattern of the area (Exhibit D). If a stub street was built to the south connecting to the Waller property, there would be no time table for this second access to ever be developed. City staffs position is that it's better to have an emergency secondary access available now than to hope for a possible secondary public street access sometime in the distant future. Planning staff estimates that when fully built out, the residential portion of the South Pointe development will generate approximately 1,500 vehicle trips per day. This number is based on ITE standards of approximately 9.5 vehicle trips per single-family residence and approximately 6 vehicle trips per residential townhouse unit. Additional trips would be generated by development of the commercial property; however, estimating the number is difficult since the type of commercial use makes a significant difference in the number of vehicle trips generated. In addition, a percentage of a business's customers are pulled from existing motorists already traveling on the roadway. Secondary Access Background: The previous owner of this property had attempted to obtain a secondary access to the property, including through the Tower Drive Mobile Home Park, but was not successful in obtaining an agreement. The previous property owner also approached the City Council in August 2003. A copy of that correspondence is attached as well as a copy of the City Council minutes (Exhibit E). At that time, the City Council supported the development of the property with a single Planned District Staff Report — South Pointe Page 7 access and directed staff to look at the possibility of obtaining an emergency access to the area if necessary. Subsequently, City staff asked for clarification from the City Council if they wanted City staff to pursue that access. Based on the City Council minutes, the issue was referred back to City staff to "determine when and if an emergency access road would be necessary and to have the issue brought back at that time." Also attached is the City staff request and City Council minutes for the September 2, 2003 meeting (Exhibit F). Based in staff's research, the secondary access issue was never brought back to the City Council. In the absence of any pending development proposal, the issue was not resolved. Since the issue was discussed in 2003, the City adopted the Unified Development Code. As part of Section 11 Land Division, a requirement for a second access was added when a development exceeds 40 dwelling units. Until that provision was adopted, the requirement for a second access was an Engineering policy and reviewed on a case-by-case basis. Subdivision plats from the 1960s, 1970s, and 1980s often included stub streets to adjacent undeveloped property. Then, as today, the City was trying to promote interconnectivity and safety. There was at one time a stub street, to be named Rita Drive, into the subject property from Kathy Drive in Jaeger Heights Subdivision. This access was shown on the preliminary plat for Jaeger Heights but never constructed. The developer of Jaeger Heights submitted a revised preliminary plat in 2001 without showing a street connection, arguing that the property now proposed for the South Pointe project would likely develop as a mobile home park and be served by private streets. The revised preliminary plat was subsequently approved without Rita Drive. City Utilities: The subject development can be served by City water and sanitary sewer. The adjacent mobile home parks to the north and south are currently served by both city water and sewer. The existing water and sanitary sewer have sufficient capacity to serve the proposed South Pointe Project. The design of these utility extensions as well as necessary easements will be worked out as part of the creation of the Final Plat and Improvement Plans for South Pointe. Sustainable Subdivision Development Tools: Section 11-10 of the Unified Development Code requires that each new subdivision score at least 40 points by utilizing sustainable subdivision tools. The South Pointe project received 30 points for having at least 70% of the building lots be "solar lots" which have a minimum north/south dimension of 75 feet and a front line orientation which is within 30 degrees of the true east/west access. This allows the builder of the home to receive maximum passive solar gain if they so choose. It also facilitates the efficiency of placing solar panels on the roofs of the homes. Planned District Staff Report — South Pointe Page 8 The proposed development will also receive points for utilizing 27-foot wide street widths (reduced runoff), preservation of existing trees (prevent soil loss), and reduced grading. The total number of points at this time is 45 points. As part of the submittal of the final plat, these sustainability measures will be re-evaluated as part of the plat review and approval process. Recommendation Planning staff recommends that the Zoning Advisory Commission review the criteria established in Section 5-24.5 of the Unified Development Code for the review of conceptual development plans and make a recommendation to the City Council regarding secondary access to South Pointe. 5-24.5 Plan Approval Standards The PUD shall not be approved unless and until the City Council determines that the conceptual development plan conforms to each of the following standards: A. The conceptual development plan is in substantial conformance with the Comprehensive Plan to guide the future growth and development of the City. B. The proposed development is designed so as to be functionally integrated with existing City streets, sanitary and storm sewer and water service. C. The proposed development shall not interfere with the appropriate use and enjoyment of property on abutting districts. D. The conceptual development plan will not violate any provision or requirement of this Code. E. Natural drainage areas are retained as appropriate and improved if necessary. F. Due consideration is given to preserving natural site amenities and minimizing the disturbance to the natural environment. G. Existing trees are preserved wherever possible, and the location of trees will be considered in designing building locations, underground services, and paved areas. H. If the development includes floodplain areas, any development within the floodplain shall conform to the Floodplain Hazard Overlay District regulations in accordance with Section 6-4. Prepared by: Reviewed: A1Date: 3.3 /• /G EXHIBIT A 57- Fill ��. ) ' � ��'1 G� � ���/ .loll � %� �� W --� I � 1 /��411 11 LIj4 1 �''\ �I� �� f, � ---------- ----------- - ----- ----- - --- ------- -- ------------------- EXHIBIT B T O W E R H I L L S C O M M U N I T Y by TOWER INVESTMENTS, INC 224 UNIT MOBILE HOME PARK 248 UNIT TOWNHOUSE DEVELOPMENT 90 CONDOMINIUM UNIT DEVELOPMENT 96 UNIT APARTMENT DEVELOPMENT 5 ACRE COMMUNITY SHOPPING AREA EXHIBIT B - 4 , Tower Hills Community A Planned Community where young and older people, alike, can live in harmony, Tower Hills offers complete recreational facilities including a heated swimming pool, community and recreational center, central laundry facilities, centralized management, a number of fully improved Tot Lots with playground equipment and generous park and open areas, Also, convenient shopping and car service areas, grade school and bus service to higher schools , Tom Leibold & Associates 0. Nix ;112 ��y'►'r� r � " Its° (� oil \� j \\ Icy./ f � 7 � ` � .,+wr �_---�� • \®�w ,. ,� ..� 2-5 MORRIS— �. ORAMs � '��� ��������//�^ ��'='...� /� � :. + • , ,,,� • ' ! � ° �'�N 1 fir" `�`� .-�, 'm OXONTIt C;IMF,, it MEMO a _ ►e•�� IPAW; vim ��"®QIn vis ;�� ���`�� mow'�� ���.• � � `° ��r �P � �: I II li7ail'J�111\.:�. 4 a� l Ii JJIJJJIIi ilk _ rll� _ - - "l � :��1��1� IIS ■ J 11 I!Il l a �22��•'n� �• In n 9:IGIG-'��• a i EXHIBIT E I i` r FINED -Cor C3 AU-0 13 Aid 1 C 32 Dave'opmentCompany r lily LIc r 5 ;J:IIC S P.O.Boz 3280,Dubuque,R 520043280 August 13, 2003 Honorable Mayor and City Council By this letter T Corp is offically requesting approval too develop our 93 acres of property on Rockdale Road with one 60'wide rightaway into property. We have throughly explored the other options with no success in obtaining a second access. I request permission to address the Council at you August 18th Meering as this has been before the Council over a year now and we must move forward. Ed Tschig e T Corp phone (319) 557-7450 fax (319) 557-7585 site plan requirements prior to the issuance of occupancy permits, presented and read. Michalski moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Markham. Motion carried 6-0. General Obligation Bond Sale to Support Stormwater Projects: Proof of publication on notice of hearing to consider the proposition of selling not to exceed $2,110,000 in General Obligation Bonds (for an essential corporate purpose) to support stormwater projects and City Manager recommending approval, upon motion received and filed. Markham moved adoption of Resolution No. 288-03 Instituting proceedings to take additional action for the issuance of not to exceed $2,110,000 General Obligation Bonds and Resolution No. 289-03 Directing the advertisement for sale of $2,110,000 General Obligation Bonds, Series 2003. Seconded by Connors. Motion carried 6-0. Eagle Valley Subdivision Sanitary Sewer Extension Project: Proofs of publication on notice of hearing on plans and specifications and notice to bidders on the receipt of bids, and City Manager recommending award of the contract to Fondell Excavating for the Eagle Valley Subdivision Sanitary Sewer Installation Project, upon motion received and filed. Markham moved adoption of Resolution No. 290-03 Adopting plans and specifications for the project and Resolution No. 291-03 Awarding contract to Fondell Excavating, Inc. Seconded by Michalski. Motion carried 6-0. Port of Dubuque Building Demolition and Site Clearance Project: Proofs of publication on notice of hearing on plans and specifications and notice to bidders on the receipt of bids, and City Manager recommending adoption of the plans and specifications and that award of the contract to W.C. Stewart Construction for the Port of Dubuque Building Demolition and Site Clearance Project be deferred to September 2, 2003, upon motion received and filed. Buol moved adoption of Resolution No. 292-03 Adopting plans and specifications for the project. Seconded by Connors. Motion carried 6-0. Upon motion the rules were reinstated limiting discussion to the Council. ACTION ITEMS T Corp Request: Communication from Ed Tschiggfrie, T Corp, requesting to address the Council regarding the development of 93 acres of property on Rockdale Road, upon motion received and filed. Mr. Tschiggfrie explained that he had planned to develop the ninety-three acres of property on Rockdale Road with two access roads; however, one access was removed by a previous action of the City Council. At this time, he was requesting approval to continue with development of the property with one access only. After Council discussion, Nicholson moved to receive and file the communication and approve the one access to the development. Seconded by Markham. Motion carried 6-0. Staff was directed to look at the possibility of obtaining an emergency access to the area if necessary. Eagle Valley Subdivision — Final Plat: City Manager recommending approval of the final plat of Eagle Valley Subdivision located along Roosevelt Road, upon motion received and filed. Buol moved adoption of Resolution No. 293-03 Approving final plat of Lots 1-2, inclusive, of Block 1, Lots 1-27, inclusive of Block 2, Lots 1-13, inclusive, of Block 3, Lots 1-13, inclusive, of Block 4, Lots 1-21, 6 EXHIBIT F POC,) THE CITY OP DUB E MEMORANDUM August 22, 2003 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: T-Corp Rockdale Road Development At the August 18 City Council meeting, a request from T-Corp to develop their property on Rockdale Road with a single access was approved. There was a City Council discussion about purchasing a second access for emergency vehicles only through the adjacent trailer park. However, it was not clear if City staff was to pursue that access. I respectfully request City Council direction on this matter. 14L Michael C. Van Milligen MCVM1ksf cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Laufa Carstens,1Planning Services Manager Mike Koch, Public Works Director Ed Tschiggfrie, T-Corp Development Company Brian Feldman, Tower Hills Mobile Home Park of Resolution No. 311-03 Disposing of City interest in Lot 6A of Finley Home Addition in the City of Dubuque, Iowa. Seconded by Cline. Motion carried 7-0. Fiscal Year 2004 Budget Amendment: Proof of publication on notice of hearing to consider a second amendment to the Fiscal Year 2004 budget, upon motion received and filed. No one spoke concerning the proposed budget amendment. Cline moved adoption of Resolution No. 312-03 Amending the current budget for the Fiscal Year ending June 30, 2004. Seconded by Connors. Motion carried 7-0. Upon motion the rules were reinstated limiting discussion to the Council. ACTION ITEMS Purchase of Trolley Replicas: City Manager recommending approval of an agreement with Optima Bus Corporation to purchase two American Heritage Streetcars at a total cost of $540,716 to be used for the looped shuttle service programmed for the Port of Dubuque and downtown, upon motion received and filed and approved recommendation. Don Schadl of Dubuqueland Tour and Shuttle Services, as a small business owner negatively impacted by this, spoke in opposition to the purchase Sanitary Sewer Connection Ordinance Revision and Policy: City Manager recommending approval of a change to the Sanitary Sewer Connection Ordinance and Policy which would give the City Manager the option to exempt a property from the requirement of connecting to the public sewer if the connection were not practical, upon motion received and filed. Ordinance No. 71-03 Amending the City of Dubuque Code of Ordinances Chapter 44 Section 44-55 Abandonment of Private On-Site Sewage Treatment and Disposal System upon Availability of Public Sewer, presented and read. Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Connors. Motion carried 7-0. Purchase of Service Agreements: City Manager recommending approval of Purchase of Service agreements with Dubuque Area Labor Management Council ($15,443), Helping Services of Northeast Iowa ($1,964), Operation: New View ($16,708), Project Concern — Foster Grandparent Program ($5,435), Retired and Senior Volunteer Program ($7,341), and Substance Abuse Services Center ($12,390), upon motion received and filed and approved recommendation. QHQ Rezoning — Request for Direction: City Manager requesting City Council direction regarding the role of City staff with respect to the QHQ rezoning request west of the Northwest Arterial and east of Samantha Drive, presented and read. Council discussed the necessity of bringing some conclusion to this continuing rezoning dilemma. Upon motion it was directed that the applicant, QHQ Development, and the objecting neighbors meet with mediators from the City of Dubuque Mediation Services to try and come to some resolution of issues before bringing this issue back to the Council. Staff was directed to answer questions from either party but to do no more or less than they would do for other rezoning issues. T-Corp Rockdale Road Development: City Manager requesting City Council direction regarding the purchase of a second access for emergency vehicles for the T-Corp Rockdale 4 Road Development, upon motion received and filed the communication and referred this matter to the Police Chief and Fire Chief to determine when and if an emergency access road would be necessary and to have the issue brought back at that time. National League of Cities: Communication from the National League of Cities requesting designation of the City's voting delegate and alternate voting delegate for the NLC Annual Business Meeting, upon motion received and filed and resolved that Council Member Nicholson be designated as the voting delegate, with no alternate named. Iowa League of Cities: Communication from Alan Kemp, Iowa League of Cities, advising that the initial meeting of the University and College City Forum will be held on October 16, 2003 at Grinnell College, upon motion received and filed and appointed Council Member Michalski as the City's representative at the Forum. Police Department Towing Contract (Tabled on August 4, 2003): Mayor Terry Duggan requesting that this item be brought back to the table for Council discussion. Upon motion this item was removed from the table. City Manager recommending award of the Police Department Towing Contract to both Wenzel Towing and Burt Steve and Sons Garage. Marie Steve spoke objecting to the process for this contract. Jules Wenzel spoke stating that a split contract would work but would be difficult. Nicholson moved to reject all bids. Seconded by Michalski. Motion failed due to the following vote: Yeas—Nicholson, Michalski. Nays—Buol, Duggan, Cline, Connors, Markham. 0. Buol moved to rescind the vote to reject all bids. Seconded by Markham. Motion carried 7- Markham moved to receive and file the communications, reject all bids and refer the matter back to staff. Seconded by Buol. Motion carried 7-0. At 7:53 P.M. upon motion it was resolved to go into Closed Session - Pending Litigation and Property Acquisition – Chapter 21.5(1)(c)(j) 2003 Code of Iowa. At 8:17 P.M. upon motion Council reconvened Regular Session stating that proper direction had been given. There being no further business, upon motion meeting adjourned at 8:18 P.M. /s/ Jeanne F. Schneider, CMC 1 t 9/10 City Clerk 5 II 11 11 m 11 11 11 Doc ID: 008439510007 Type: GEN Kind: ORDINANCE Recorded: 05/20/2016 at 01:37:14 PM Fee Amt: $37.00 Page 1 of 7 Dubuque County Iowa John Murphy Recorder F11e2016-00005967 Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St Telephone: 5894210 Return to: Kevin S. Firnstahl, City Clerk Address: City Hall- 50 W. 13th St Telephone: 589-4121 ORDINANCE NO. 14-16 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES UNIFIED DEVELOPMENT CODE BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 2475 ROCKDALE RD FROM R-1 SINGLE- FAMILY RESIDENTIAL ZONING DISTRICT TO PUD PLANNED UNIT DEVELOPMENT WITH A PR PLANNED RESIDENTIAL DESIGNATION AND AMENDING THE TOWER HILLS PLANNED UNIT DEVELOPMENT TO ALLOW THE DEVELOPMENT OF THE SOUTH POINTE PLANNED UNIT DEVELOPMENT COMPRISED OF SINGLE AND MULTI -FAMILY RESIDENTIAL DWELLINGS AND COMMERCIAL BUILDING LOTS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is hereby amended by reclassifying the hereinafter described property from R-1 Single -Family Residential Zoning District to PUD Planned Unit Development District with a PR Planned Residential designation and adopting a new conceptual development plan, a copy of which is attached to and made a part hereof, for the South Pointe project as stated below, to wit: As shown in Exhibit 1, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. Attached hereto and made a part of this zoning reclassification approval is the Conceptual Development Plan for the South Pointe Planned Unit Development marked Exhibit 1. It is recognized that minor shifts or modifications to the general plan layout may be necessary and compatible with the need to acquire workable street patterns, grades, and usable building sites. The general plan layout, including the relationship of land uses to the general plan framework and the development requirements shall be used as the implementation guide. A. Use Regulations ��©� C1 CJQv South Pointe Page 2 Ordinance No. 14-16 Zone A: General Purpose and Description: Zone A is intended to provide building lots for single-family detached dwellings and accessory structures as well as park and open space. 1) Development of property within Zone A of the South Pointe Planned Unit Development shall be regulated by Section 16-5-2 of the City Code, R-1 Single -Family Residential. Zone B: General Purpose and Description: Zone B is intended to provide building Tots for multi -Family Residential dwellings including two -unit and three -unit laterally attached dwellings and accessory structures. 1) Development of property with Zone B of the South Pointe Planned Unit Development shall be regulated by Section 16-5-5 of the Unified Development Code, R-3 Moderate Density Multi -Family Residential. Zone C: General Purpose and Description: Zone C is intended to provide space for commercial businesses to serve South Pointe and the surrounding community. 1) Development of property within Zone C of the South Pointe Planned Unit Development shall be regulated by the provisions of Section 16-5- 11 of the Unified Development Code, C-2 Neighborhood Shopping Center District. Bulk Regulations Development of land within Zones A, B and C shall be regulated as follows: Zone A Permitted Uses Min Lot ` Area (square i feet) Min Lot Frontage (feet) ° Max Lot Coverage (% lot area) Setbacks Max Height (feet) Front (feet) Min Side Min Rear (feet) (feet) Min ,Max Place of religious exercise or assembly, School 20,000 100 40 20 20 20 75' Single-family detached dwelling 5,000 50 40 20 50 6 20 30 Conditional Uses Bed and breakfast home 5,000 50 40 20 50 6 20 30 Licensed adult day services, Licensed child care center 5,000 50 40 20 6 20 30 Mortuary, funeral home or crematorium 20,000 100 40 20 --- 20 20 30 ' May be erected to a height not exceeding 75 feet, provided that such buildings shall provide at least one additional foot of yard space on all sides for each additional foot by which such building exceeds the maximum height limit of the district in which it is located. Max Height South Pointe Ordinance No. 14-16 Page 3 Zone B Permitted Uses Min Lot ' Area (square feet Min Lot Frontage feet Max Lot Coverage % lot area Setbacks Min Min Max Side Rear Height (feet feet) feet Front (feet) Min Max - Multiple -family (six du max) 2,000/du 50 40 20 --- 4 20 30 Place of religious exercise or asse_ mbly, School 20,000 100 40 20 ® 20 20 751 Single-family detached dwelling 5,000 50 40 20 50 4 20 30 Townhousejsix du max) 1,600/du 16/du 40 20 --- 4/0 20/0 30 Two-familydwellin. 5,000 50 40 20 __ 50 4 20 30 Conditional Uses Individual zero lot line dwelling 5,000 50 40 20 50 10/0 20 30 Bed and breakfast home 5,000 50 40 20 50 4 20 30 Grou. home 5,000 50 40 20 --- 4 20 30 Hospice 5,000 50 40 20 --- 4 20 30 Housin. for the elder) or disabled 20,000 100 40 20 --- 20 20 30 Licensed adult day services, Licensed child care center 5,000 50 40 20 4 20 40 Mortuary, funeral home or crematorium 20,000 100 40 20 --- 20 20 30 Nursing or convalescent home 20,000 100 40 20 --- 20 20 30 Off -premise residential garage -- --- 20 --- 4 6 15 Rooming or boarding house 5,000 50 40 20 --- 4 20 30 1 May be erected to a height not exceeding 75 feet, provided that such buildings shall provide a least one additional foot of yard space on all sides for each additional foot by which such building exceeds the maximum height limit of the district in which it is located. NII Use, Min Lot Area (e rtinirnurn20feet for ars -es facina street. 1 10 SU fyhen abutting; a residential or Office -residential district, a 20 foot side setback is required ` When abutting a residentialoroffice-reside ntial district a 20 foot rear setbac.k is required. C. Parking and Loading Regulations 1) The number, size and design of parking spaces shall be governed by applicable provisions in Articles 13 and 14 of the City of Dubuque Unified Development Code. 2) The number, size and design and location of parking spaces designated for persons with disabilities shall be according to the local, state or federal requirements in effect at the time of development. 3) The location and number of private driveway intersections with public streets shall be reviewed and approved by the City Engineer. D. Sign Regulations 1) Applicability of City of Dubuque Ordinances: The provisions of the City of Dubuque Unified Development code Article 15 Signs shall apply unless further regulated by this section South Pointe Ordinance No. 14-16 Page 4 Signage for development zones within the South Pointe Planned Unit Development shall be regulated as follows: a. Within Zone A, Sign Regulations for the R-1 Single -Family Residential District, Section 16-15-11.1 of the Unified Development Code, shall be followed. b. Within Zone B. Sign Regulations for the R-3 Moderate Density Multi -Family Residential District, Section 16-14-11.1 of the Unified Development Code, shall be followed. c. Within Zone C, Sign Regulations for the C-3 Neighborhood Shopping Center District, Section 16-156-11.6 of the Unified Development Code, shall be followed. 3) Off -Premise Signs: Off -premise signs shall be prohibited. 4) Variances: Variances from sign requirements for size, number, and height may be requested. Such variances shall be reviewed by the Zoning Board of Adjustment in accordance with Article 8-6 of the Unified Development Code. E. Performance Standards The development and maintenance of uses in this PUD District shall be established in conformance with the following standards 1) No more than 100 dwelling units shall be allowed to be developed until such time that a second public street access or secondary emergency access is developed to serve South Pointe. 2) Platting: The conceptual development plan shall serve as the preliminary plat for this PUD District. Subdivision plats and improvement plans shall be submitted in accordance with Article 11. Land Subdivision, of the City of Dubuque Unified Development Code. 3) Site Plans: Final site development plans shall be submitted in accordance with Article 12 Site Plans and Article 13 Site Design Standards prior to construction of each building and vehicle -related feature unless otherwise exempted by Article 12. 4) Storm Water Conveyance: The developer of each lot shall be responsible for providing surface or subsurface conveyance(s) of storm water from the lot to existing storm sewers or to flow line of open drainage ways outside the lot in a means that is satisfactory to the Engineering Department of the City of Dubuque. Other applicable South Pointe Page 5 Ordinance No. 14-16 regulations enforced by the City of Dubuque relative to storm water management and drainage shall apply to properties in the PUD District. 5) Other Codes and Regulations: These regulations do not relieve an owner from other applicable City, County, State or Federal Codes, regulations, laws and other controls relative to the planning, construction, operation and management of property in the PUD District. F. 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. G. Modifications Any modifications of this Ordinance must be approved by the City Council in accordance with zoning reclassification proceedings of Article 9-5 of the Unified Development Code. Recording A copy of this ordinance shall be recorded at the expense of the property owner(s) with the Dubuque County Recorder a permanent record of the conditions accepted as part of this reclassification approval within thirty (30) 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. This Ordinance shall take effect upon publication as provided by law. Passed, approved and adopted this 2nd day of May, 2016. Attest: Kevin S. Firnstahl, Cit Clerk d oy D. Buol, Mayor STATE OF IOWA CERTIFICATE of the CITY CLERK ) SS: COUNTY OF DUBUQUE ) I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached Ordinance No. 14-16 is a true and correct copy of the original. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa, on this 17th day of May, 2016. Kevin SI. Firnstahl, C City Clerk EXHIBIT 1 fi USESY- SOUTH POINTE ___-- _- m o AS COMPRISED OF LOT 1 AND LOT 1-1-2 OF TOWER INVESTMENTS SUE. N0. L m bl'an-1 a w LOT 2-1-1-1-1-1-2-2 OF M.L. AI LOT 1 OF MARY LOU PLACE, AND PART OF LOT 2-1-1-1-I-1-1-1 ANNIE WALLERS SUE. 42, n1�i„�('^ ALL IN THE SWI/6 OF SEC. 1, AND THE SEI/4 OF SEC. 2. TEEN, R2E, OF THE 5R1 P.A. �”�2'?'[,•• __ja=, ; x "T ;� PERIMEPROTER AREA S11n{ir • , Al A IN THE CITY OF DUBUQUE, BUBUOUE COUNTY, IOWA, k• W ; IT AT E ZONE A: SINGLE—FAMILYe;, r •_:�•; '� �, - ��+� - m > ZONE B: MULTI—FAMILY ZONE C: COMMERCIAL : Dear Council Members, I am writing in regards to the proposed South Point Village subdivision, soon to be located off of Rockdale Ave. I purchased my home on Kelly Lane in 1983. Even at that time, I was concerned out the traffic load in front of our home. Before buying the property, I met with a City engineer. I was was told that the South West Arterial was on the "5 year plan". 33 years later, Kelly Lane has become the SW Arterial. The constant car, truck and heavy truck traffic often reaches unbearable levels. The noise of motorcycles speeding and trucks grinding up the Kelly Lane hill in front of our home makes it impossible to leave our windows open on nice days and evenings. There has been consistent commercial and residential growth to the South end of Dubuque, and in the Key West area. We have seen steady increases in the traffic on Kelly Lane. It is a noticeable year by year growth. I am VERY concerned about the obvious increases that this new subdivision will add. In the short term it will mean added contractor truck traffic. It will mean more dump trucks and more cement trucks. In the longer term it will mean hundreds of added automobiles per day. Little did I know in 1983, with the SW Arterial in the "5 year plan", that my home would see the birth and raising of my 4 adult children and 3 grandchildren. The SW Arterial, though always promised, remains undeveloped land. Kelly Lane has gone from windy country road to streams of steady traffic. I did not buy my home intending to live on a major city thoroughfare. I ask that this project be asked to patiently wait, as I have been repeatedly asked to patiently wait, for the completion of the SW Arterial. Respectfully, Jeff Walker 1370 Kelly Lane p [EC� IE9WIE APR - A 2016 D CITY OF DUBUQUE PLANNING SERVICES DEPARTMENT STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION i ij it li I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher i! of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: April 22, 2016, and for which the charge is $17.63. a Subscribed to before mea Notary Public in and for Dubuque County, Iowa, this day of , 20 fC 67 CITY OF Notary Public in and for Dubuque County, Iowa. DUBUQUE,IOWA OFFICIAL NOTICE NOTICE IS HEREBY I GIVEN that. the Dubuque City Council will conduct a public hearing at a meeting to z �mm commence at 6:30 p.m. . fifir on Monday, May 2, 2016, in the Historic � y ig, Federal Building Council Chambers y LL ,(second floor), `350 West 6th Street, Dubuque, on thei following: MID AMENDMENTS Request from Sara Hutchinson to amend the Plaza 20 Planned Unit Development time and place of Dodge Street tto loat w public interested rings and L all construction of new i parties will citizgivens and retail space and rezone property from. "R-1 an opportunity, to be Single-Family Residen- heard for or against tial to Planned Unit said actions. Development. i Copies of supporting, Request from Chris documents for the Miller to amend the public hearings are on Tower Hills Planned file in the City Clerk's Unit Development Office, and may be (PUD) District on viewed during regular Rockdale Road to allow working hours or at development of South I http://Publicagenda.cit Pointe Village; yofdubuque.org/. comprised of two Any visual or hearing Commercial lots and impaired persons Single and Multi-Family' needing special assis- residences. tance or persons with i Written comments special accessibility regarding :the above needs should contact public hearings may be the City Clerk's Office submitted to the City at (563) 589-4100 or Clerk's office, 50 W. TTY (563) 690-6678 at 13th,St., Dubuque, IA least 48 hours prior to 52001, ctyclerk, the meeting. cityofdubuque.org on Kevin S.Firnstahl, or before said time of CMC,City Clerk public_hearing.At said It 4/22 STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: May 06, 2016, and for which the charge is $112.23. Subscribed to before me, Notary Public in and for Dubuque County, Iowa, this / day of , , 20,E . 4rotary Public in and for Dubuque County, Iowa. MARY fC WaSIMMEYER Commle6lon Number 154885 My Comm, F.xp,13. 1, 2017 OFFICIAL PUBLICATION, ORDINANCE NO. 14-16 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DU- BUQUECODE OF OR- DINANCES,' UNIFIED DEVELOPMENT -CODE BY ' RECLASSIFYING HEREINAFTER DE- SCRIBED PROPERTY LOCATED ' AT 2475 ROCKDALE RD =FRAM R-1, SINDLE-FAMILY RESIDENTIAL: ZONING D STRICT TO PUD PLANNED UNIT -DE- VELOPMENT WITH DEVELOPMENT'WITH A PR ',,PLANNED:` REST-. DENTIAL DESIGNA- TION ESIGNA TION AND AMENDING THE TOWER ,'.'HILLS PLANNED UNIT DE- VELOPMENT TO AI, LOW 'THE DEVELOP MENT OF THE SOUTH2 POINTE • PLANNED UNIT, DEVELOPMENT COMPRISED OF SIN GLE :`AND ' MULTI " FAMILY RESIDENTIAL . DWELLINGS AND COMMERCIAL BUILD- ING LOTS` 1 ' NOW; THEREFORE, BE IT ORDAINED BY THE; CITY. COUNCIL QF THE CITY OF DUBUQUE 10= WA: Section L That Title 16 of the City of'Dubu- que Code of,Ordinan: ces, .'Unified Develop- ment Code,'is "hereby amended by .reclassi lying.. the --hereinafter described property from R-1 Single -Family Residential Zoning Dis- trict to PUD :;Planned Unit, Development Dis- trictwith a PR Planned Residential designation and adopting a new conceptual :.develop- ment plan,a copy of which it attached to and made a part here- of, for the South' Pointe project as stated be- low, to Wit ' , As shown in Exhibit 1, and to the centerline of the adjoining' public right-of-way, all in the City of Dubuque, Iowa. Section .2, Attached hereto and made a part of this zoningreclassi- ficatior approval Is the Conceptual Develop- ment. Plan for., the South Pointe Planned Unit • Development marked EXhibit1. It is recognized that minor shifts': or modifications to the.general,plan lay- out may be necessary and compatible_ with the ' need to,;acquire. Single -family -detach- ber, and height may be ed dwelling: 5,000; 50; requested. Such var- 40; 20;50.; 6 20;• 30 lances , shall: be Ye-.: Conditional Uses viewed -,by the. Zoning Bed, and breakfast Board of'Adjustment in home:• 5,000; 50; 40; 20; accordance -:with Arti 50; 6; 20; 30 cle' 8-6 of 'the 'Unified ' Licensed adult day Development Code. services; Licensed • E. Performance' child , care center: • Standards- ! tandards 15,000;,50; 40j,20 • -- 6; The development and 20; 30.' maintenance ses.in Mortuary,'' fod funeral this, ;PUD District;shall horde, or crematorium be,estab11.014hfn gong' 20;, 20; 30 00. 40� [ , forrnance yyitl7tthelfol IoWingstalldardsroin''li -1,May be erected'to a 1) No moreAben 10Q. height not exceeding .dwelling units shall,be: 75 feet provided, that allowed to <be,,devel such, ,buildings, sj(all oped untill'such time, provi"de,'at ,least one' • that.a second :public' additional foot .yafd• . street accessjor•seco- space on; all sides for dart' emergency ac- each additional loot by cess .is developed to j which such .builoding serve South Pointe, I exceeds the maximum 2) -;Platting: TIie con- height .limit of the dis- ceptual development; trict in which •it is tlo- plan,shall serve as the .' Gated preliminary :;plat for Zone B, Mn Co_ Area this PUD District. Sub (square feet); Min Lot division platsand im- Frontage ;_(feet); -Max provement plans shall Lot Coverage (% lot be submitted in ac - area);,. Setbacks, Front cordance with Article (feet), Mn Setbacks, 11. Land Subdivision, of Front (feet) :Max.; -,-Set- the.. City- of -,Dubuque= .backs, Min Side•(feet) " Unified ,Development;; 'Setbacks, Min , RearCode (feet); Max Height"' ., 3) Site Plans: , Final (feet) site'development, plans Permitted Use shall be submitted in Multiple -Family (six. accordance with Arti .du maxi 2,000/du; 50; cle 12 Site Plans and.'. 40;20;--;,4; 20;,30 ` Article 13 Site Design '' Place.of religious'ex Standards prior to Con •ercise or ..assembly, , Structien of each build School. 20;000; 100; 40;fng and vehiclerelated' 20; ;20;.20; 75, 1 feature unless other- •Single -Family detach-, wise exempted byArti- ed dwellingc•5,000;'50;. •cle':12. 40 20;.50;'4 20;,-30 , 4) -,Storm' Water Conr Townhouse (six;du veyance: The.develop- ma:f) 1,600/du, ifi%du , er each lot shall be, 40; 20; 4/0 20/0;i30. responsible for proved,;.? Two family dwelling mg„surface or subsur 5 000, 50 :40, 20 ,50; Q face ,conveyance(s) of. storm water from the'''. 'Condit ogaVL)ses • lot "to existing storm Individual zero lot line sewers or ,to'flow line;, d elling :5 000 X50 40,• of open drainage ways,; 20;.'60;-10/0.,-,?(); 30 outside tthe lot in a. Bed :and breakfast ; means. that:islsatisfac-.i home. 5,000 50 40;;201.1 tory;to the Engineering :; 50;.4;'2000, Department'of the City Group: '5,000; 50; 40•; • of. Dubuque: olatther ep-: 20 , 4, 20 30 . , plicablp reguions Hospice: 5,000; 50; 40; forced by the 'City oY' 0 4; 20;30 ' Dubuque relative - to Housing for the elder- storm water: manage- y or disabled 200006 ment and. drainage 0;4O;211);:7--; 20;.20; shall applyto proper- ties in the PUD Districts Licensed adult day 5)"Other Codes and services,: licensed Regulations - These;; Child care center• regulations, -do not re 000 50; 40 20 :; 4;•:!. lieve•an•owner from;+ 20; 4Q ' , - other ,applicable," -City -i, Mortuary,^ funeral •-County; Statebr Feder home or, crematorium: ''al Codes, regulations,;- 20,0(10;_ 100 40; 20;,--,-; •laws and other controls 20; 20; 30 relative to , the , plan- . Nursing, or convales- niing, construction, op Cent home; 20,000;.100; enation and manage - 40;213; - -; 20; 20; 30'' ' , :ment of property in the, Off -premise residen- ., PUD District, .• • tial' garage: F. Transfer of. Own 20;,-,,-; 4; 6; 15 •'. ership Rooming or boarding' Transfer of ownership house: 5,000; 5000; 20; or tease•of,'property 4 20;•30 " '•: this. POD District shall', 1 ' May.be erected to includeE nj'the transfers a height'not:exceedinga` or.':Iease •agr,eement a 75, feet - provided ` that provision that the pus=} '•sub, ?building"s 'shall ” chaser" dr -••lessee ac:! ,provide at least-: one knowledges;awareness additional, foot of yard of the conditions, au space on all sides for •. thorizing the establish-. each additional foot by , merit of the district, ,Which such .building• G:MOdifications exceeds the maximum An'y modifications of 'height limit of the dis- ` this Ordinance must be tnct'in.which it is .lo- approved' by the --pity catedCouncil in accordance Zone:C: Mn Lot Area with zoning: reclassiii (square: feet); Min Lot cation proceedings of Frontage,(feet); Max Article ."9-5 of. the Uni- Lot Coverage (% lot • fled Development Code, area), `Setbacks, Front ' H Recording (feet), ,Ivlri Setbacks,,,' A copy of 'this ordi Front (feet) Max.; Set nance shall be• record - backs, Min Side (feet)ed at the expense of workable street "pat :terns; grades, and Usa t• ble building sites;,The general plan layout,1ih chiding . the; relation ship of land uses to the general plan " frame work and thedevelop- . ment requirement shall be used as the iniplementation guide; A. Use: Regulations Zone A: General Pur- pose 'and . Description Zone A is intended. to provide building. lots for ..single family de- tached -`dwellings and ,accessory structures` as' well as ''park: and open space. 1) Development of property within Zone of the: South Pointe Planned Unit Develop- ment shall be regulat- ed by Section 16-5-2 of the City Code, ,R-1 Single -Family; Residen- tial. Zone B: General: Pur- +, pose and Description: Zone B is intended `to provides budding' lots i "for. multi Family <.Resi- dential dwellings; in- cluding two -unit and three -unit laterally at- :tached .dwellings,, and accessory structures.; 1)` Development of property with Zone B of the":South Pointe Planned. _ Unit. Develop- ment shall be regulat- ed by Section 16-5-5 of • the Unified "Develop- ment Code, R-3 Moder- ate Density Multi- Famjly Residential. Zone C: General: Pur- pose and Description: Zone C is intended to • provide space for com- mercial .businesses to serve South Pointe and the. surrounding'',corn- munity.. ; 1) ,Development, of propertywithin Zone 'C r of" the South Pointe I Planned Unit Develop- l� Ment shall be regulat- I) ed by the"provisions of Section 16-5-11 of the Unified .: Development Code, C-2- , Neighbor- hood Shopping Center Districf. B. Bulk Regulations Development of land within Zones A, B and - C shall be regulated as ,follows: yZone, A:i Mn Lot;Area (square feet) Min Lot Frontage (feet); Max Lot Coyerage-(%o lot area);' Setbacks,; Front (feet), Mn Setbacks, ' . Front (feet),Max.;;Set- 'backs; Min Side'! (feet); Setbacks, Min Rear, (feet); Max Height (feet) Permitted Uses: Place of religious ex- ercise or assembly, School: 20,000; 100; 40; 20 --; 20; 20; 75 + 1 Single-family 'detach- ed dwelling: 5,000; 50; 40;20; 50; 6; 20;'30 Conditional Uses Bed and;breakfast home: 5,000; 50; 40; 20; 50; 6; 20; 30 Licensed adult ; day services;; Licensed child care , center: - Setbacks,-- Min Rea: (feet) ',Max Heigh '(feet) ' All Uses:--- -;10 1 r 30 • 1 Mihimum 20 feet for garage`s facing a street s 2 -When' abutting' residential:. or '; office - residential district `a 2 foot side setback is re quired: 3 - When''abu`tting residential:' or ,office - residential district a2 • foot r'ear•setback is re quired: C. . Parking , and ' Loading Regulations 1) The .number, size and design' of parking A spaces shall be -gov- erned by applicable provisions in Articles 13 and 14 of the City of Dubuque Unified Devel- opment Code. 2) The ,number, size and design: and :loca- tion of parking spaces designated' for persons with. disabilities shall be according to the lo- cal state or:federai re- quirements in effect at the , time of;develop- !Hent. 3) The location and number -` of private driveway' intersections with public"streets shall be reviewed and approved by the City Ehgineer. D. Sign Regulations 1) Applicability of City' of Dubuque Ordinan- ces:` The=provisions of the City of Dubuque Unified Development code Article 15 Signs shall apply unless` fur- ther regulated by this , section' 2) Signage' for devel- opment zones within the South Pointe Plan- ned Unit flevelopment shall be regulated as follows a. Within' Zone A, Sign Regulationsfo`r the R-1 ,Single-Farnily Resider' - : tial District,: Section 16- 15-11.1 of the Unified Development ` Code, shall be followed. b.Within Zone B. Sign Regulations for the R-3 Moderate . Density Multi Family Residen tial District, Section .16- 14;11x1 of the Unified Development Code, shall be followed. c. Within Zone C; Sign Regulations for the C-3 Neighborhood . Shop- ping Center District, Section 16;156-11.6 of the Unified Develop- ment Code, shall be. followed. 3) Off-Prernise,Signs: Off -premise signs shall be prohibited.. , 4) Variances, Varian- ces from sign require- ments for' size, num- ber, and height may be requested. ; Such var- iances shall be re- viewed by the. Zoning Board of Adjustment in accordance -with Arti- cle 8-6,of the Unified Development Code. E. Performance Standards r the property owner(s) t: with the Dubuque County Recorder a per- manent record of the conditions accepted as part" of this reclassifi- cation approval within thirty (30) days after a the adoption of this or- dinance. This "ordi- 0 nance shall be' binding upon the undersigned' and his/her heirs, suc- cessors and assigns. Section 3. The forego - 0 ing 'amendment has heretofore been re- viewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 4. This Ordi- nance shall take effect upon :• publication as. provided by law. Passed, approved and adopted this 2nd day of May, 2016. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph-, Herald new§paper on the 6th day of May, 2016. •/s/Kevin S. Firnstahl, • City Clerk 1t 5/6 Planning Services Department City Hall 50 West 13th Street Dubuque, IA 52001-4864 (563) 589-4210 phone (563) 589-4221 fax (563) 690-6678 TDD planning@cityofdubuque.org Chris Miller 1205 Heather Glen Dubuque IA 52003 RE: City Council Public Hearing — PUD Request Dear Applicant: X01-N42.NTIJ Masterpiece on the Mississippi April 27, 2016 The City Council will consider your request to amend the Planned Unit Development (PUD) for Tower Hills at a public hearing on Monday, May 2, 2016. Please attend this meeting, or send a representative to the meeting in your place to present your request and answer questions. City Council meetings begin at 6:30 p.m. in the City Council Chamber, 2nd Floor, Historic Federal Building (Post Office), 350 W. 6th Street, Dubuque, Iowa. Please contact the Planning Services Department at (563) 589-4210 if you need more information or have any questions. Sincerely, Kyle L. Kritz Associate Planner Enclosures cc: Kevin Firnstahl, City Clerk Service People Integrity Responsibility Innovation If this development is approved, will there be police protection and patrols? We now have to ENDURE LOUD —NOT LEGAL fireworks any time day or night all year long — near Table Mound School. Calling the police doesn't stop this since they just start again once they've left. During the summer it goes well past midnight- if there were gunshots, they wouldn't be noticed. There is no consideration for peace and quiet — it is very disturbing to all especially those suffering from PTSD and the elderly with heart problems. The construction going on now has no regard for the people who live nearby -the LOUD machines start before the legal time. --FECGOME MAY - 2 2016 CITY OF DUBUQUE PLANNING SERVICES DEPARTMENT Planning Services Department City Hall 50 West 13th Street Dubuque, IA 52001-4805 (563) 589-4210 phone (563) 589-4221 fax (563) 690-6678 TDD planninq(a,cityofdubuque.orq Dubuque aIle Cur lilt t��Tii:�3515 NOTICE OF PUBLIC HEARING Masterpiece on the Mississippi The City Council will hold a public hearing on an amendment to the Tower Hills Planned Unit Development (PUD) District to allow development of South Pointe comprised of two commercial lots and single and multi -family residences. The public hearing will be held: DATE: Monday, May 2, 2016 TIME: 6:30 p.m. PLACE: City Council Chamber, Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa This public hearing was originally scheduled for the April 18, 2016 City Council meeting but has now been rescheduled for the May 2, 2016 City Council meeting. Please contact the Planning Services Department, City Hall, Second Floor, 50 W. 13th Street, Dubuque, IA 52001, telephone (563) 589-4210 with any questions. Service People Integrity Responsibility Innovation Teamwork