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Zoning commission backs subdivision, PUD amendment for Estates of Dubuque; items head to City Council

2495373 · February 5, 2025
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Summary

The Zoning Advisory Commission recommended approval of a minor subdivision that will split a cooperative development into 35 individual residential lots and a separate clubhouse/parking lot, and approved a companion amendment to the planned unit development. Both items will go to the City Council on Feb. 17.

The Zoning Advisory Commission on Feb. 5 recommended approval of a minor subdivision and a Planned Unit Development (PUD) amendment for the Estates of Dubuque, moves that will be considered by the City of Dubuque Council on Feb. 17.

The subdivision would split what had been a single cooperative parcel into 36 parcels — 35 residential lots plus a lot for the clubhouse and associated parking — so individual homeowners can take title to their homes rather than remain under cooperative ownership. Justin Lau, a surveyor with Beeson and Associates, presented the plat and said the proposal would convert “35 lots from 2 lots” and leave the existing streets in place. Sheena Moon, associate planner for the City of Dubuque, told commissioners the property was first subdivided in 2023 and that the current request reflects a change in ownership structure rather than new street or utility construction: “This property was previously subdivided back in 2023,” Moon said, and the streets, utilities and stormwater controls are already in place.

Homeowner Mike Dalsing described the change in ownership to the commission. “This started out as a 55 plus co op,” Dalsing said. “...we were going to change it over, to an HOA concept where everyone would own their own home.” He and other applicants said common areas and the detention basin would remain under the homeowners association’s responsibility.

Staff advised the commission a legal letter submitted the day of the meeting raised process questions from a party with interests in the development. A representative for Conley Construction, through counsel Matthew Hector, requested the commission consider tabling; city planning staff and city legal counsel Corinna Brumwell told the commission that the letter framed issues between private parties and cited Iowa Code §354.11 on plat recording procedures, and did not prevent the planning commission from making a recommendation to council. Planning staff reiterated that the city does not record plats — the property owner submits the final plat to the Dubuque recorder’s office — and that the commission’s role was limited to the land-use review.

Commissioners discussed the purpose and timing of the request and confirmed that the change is driven by homeowners and the new HOA structure rather than new infrastructure. The commission voted to recommend approval of the minor subdivision (Plan A plat number 2). The motion passed on a roll-call vote with Commissioners Zaccaro, Freustad, Lorman, Russell and Mulligan recorded as voting aye.

Separately, after a public hearing and staff report, the commission approved the companion amendment to the Estates of Dubuque PUD to establish bulk regulations and a conceptual plan compatible with the proposed lotting pattern and to explicitly allow the clubhouse use. Moon said staff adjusted the proposed ordinance to reflect actual cul-de-sac frontage (some lots about 38 feet rather than the originally-noted 50 feet) and provided a bulk-regulation chart comparing the proposed PUD standards to a typical R-1 single-family standard. Staff said the PUD route was necessary to accommodate the clubhouse and some setback variations that would otherwise be nonconforming under a straight R-1 rezoning. The commission voted to approve the PUD amendment; the motion passed on a roll-call vote with Commissioners Lorman, Zaccaro, Freustad, Russell and Mulligan recorded as voting aye. Both items will be considered by City Council on Feb. 17.

The commission’s approvals are recommendations to the City Council; final subdivision approval and recording depend on completion of any required sign-offs and the owner filing the final plat with the Dubuque recorder’s office.