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Request to Rezone Property at Gateway Drive and Stonehill Drive_Southgate Investments_Hearing Copyrighted March 19, 2018 City of Dubuque Public Hearings # 1. ITEM TITLE: Request to Rezone Property at Gateway Drive and Stonehill Drive SUMMARY: Proof of publication on notice of public hearing to consider a request by Dubuque Southgate Investments, Ltd., to rezone 13.036 acres at Gateway Drive and Stonehill Drive from PUD/Planned Commercial District to C-3 General Commercial District and the Zoning Advisory Commission recommending approval. ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by rescinding Ordinance No. 49-90 and reclassifying hereinafter described property located at the southeast corner of Highway 61/151 and Highway 52 from Planned Unit Development with a Planned Commercial Designation to C-3 General Commercial District SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion A ATTACHMENTS: Description Type ZAC letter Staff Memo Applicant Material Supporting Documentation Staff Material Staff Memo Ordinance Ordinance Suggested Nbtion Wording Supporting Documentation Plaivling Se�vices Deparhnent City Hall Dubuque 50 West 13��Street THE CTI'Y OP � Dubuque,IA 52001-4864 AI4Aneric�Cih (563)589-4210 phone ��L L � �� I ' (563)589-4221fax (563)690-6678 TDD zom zolz plaaning��cityofdubuque.org Masterpiece on the Mississippi zota�zai� ' March 9, 2018 The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 13th Street DubuquelA 52001 Applicant: Dubuque Southgate Investments, Ltd./Daniel Mueller Location: Gateway Drive and Stonehill Drive Description: Rezoning Request for Southgate Development PUD 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 applicanYs representative spoke in favor of the request, reviewing the location of the property, surrounding zoning and land use, and the reasons for requesting rezoning back to C-3 General Commercial. Staff reviewed the staff report, reviewing that the property was required to be zoned PUD in 1990 because at the time, developments with private streets were required to be zoned PUD. Staff noted the Zoning Ordinance was amended in 1998 eliminating that requirement. Staff added the existing PUD regulations mimic C-3 regulations for allowed uses, setbacks, signs, and parking. Staff noted all property owners in the PUD have submitted letters of support. There were no public comments. The Zoning Advisory Commission discussed the request, and noted that the streets would remain private if rezoned to C-3 General Commercial District. The Commission felt the request was appropriate. Recommendation By a vote of 5 to 0, the Zoning Advisory Commission recommends that the City Council approve the request. A simple majority vote is needed for the City Council to approve the request. Service People Integiity Respoasibility Innovation Teamwork The Honorable Mayor and City Council Members Page 2 i� Respectfully submitted, �-/�-�� Thomas Henschel, Chairperson Zoning Advisory Commission Attachments cc: Gus Psihoyos, City Engineer Scrvice People Integiity Responsibility Innovatlon Teamwork Dubu ae Pianning Services DeparUnent � THs Cmr OF � Gty Hall-50 West 13""Street �� Dubuc,ue,IA 52001-9805 ,'�!j� (553)589-4210 phone (563}589-4221 fax MnSfC 1¢CC On E]ie MISSZSSi i ,�,•��.. (563)690-6678 TDD , � p� planninqC�citvofdubuoue orq PlRHNING APPLICATION FORM ;�� I <� r'�� ,i ❑Variance ❑P�eliminary Plat �Smple Subdlvision (�Cehifiote of Appropriateness OConditional Use Permit ❑Major Final Plat �Te�Amendment ❑Advisory Design Review(Pubfic Pmjects) �Appeal ❑Minor Pinal Plat �Temporary Use Permit ❑Certificate of Economic Non-Viability �Special Exception ❑Sfmple Site Plan ❑Annexation ❑Historic Designation ❑Limited Setback Waiver ❑Minor Site Plan ❑Historic RevoNing Loan ❑Demoifion in Conservatlon Distriets �RezoningJPUD/ID ❑Major Site Plan ❑Historic Housing Grant ❑Port of Dubuque Design Review Please tvue or print teuiblv in ink r / r � 1 I � Property owner(s):�,(� �, - +� Sn �{�r l.x fi � ,a v2i�N:sfS !f•j Phone: (,.5'� �,/ ��-5 'JC ��'-�� !� C' I Address: /�%'?�,;� �r , a��1.40�� /��e�,LF� i�.>PCity: .�ai=�k��t State:��Zp:�S'�'�t�+:; Fax#: /�o.p� Cell #: �3'�'3��'I '63�5'f E-mail: �slca.nrr i ra�L�e°�lr',� �1 (�C2cl�si.�i�.�^�,sz Rppiicant/Agent: //�v rw� ��iG�z�l�i Phone: %3'L�� ,�,5`1 `�35� _ Addre55: '��'='7�� l/: s d/:fui� 1�rs>lt/S `��Gty:�;:,.6�' ; 't'_ $tdte:,:f./1 Zip:S �2 G� .; Fax#: Ce11 #: CS�j�.3'b'f�D.�S i� E-mafl: UC�Zat/c�Ol�vr�l�{' S�'! �'�cy�sfc:��.[. .: ; Site location(address: f^��3 +r��s� 4^�:!'I��' `��'%"� �� 'fi'.Neighborhood Association: ilf�H 6cisting zoning: G' ,� Proposed zo�ing:�_District: d��sf Landmark: ❑ Yes � No Legal Description(Sidweil parcel ID#or iot number/blotk number/subdivision): .`i c�e°' ..,t��?ejr�� C is�0�' Total properry (iot) area{square feet or aaes): /- '' - ��=�,• �kC�'CS Describe proposal and reason necessary(attach a �etter of explanation, if needed): c`��/��r�.n-�fl��• � 4' f c�i��r- , � � �� /� a�i in e� f �'/J!'� l' • n n r�K r^.�l A�'-."c 'ls G-^/�1 t�. '-:dt'L G�f't' '� ` � -� /�v 1� C �� £�! �S f' '�'^/ '6w � Se'C &T$,�si[ 'ea� P.,��,c /��t�I�Z,:.�• F#-t�;-`tedt�cP � CERI'IFIG4TION: I/we, the undersigned, do bereby certifyJacknowledge that: 1. It is the property owner`s responsibility to Iocate property lines and to review the abskract for easements and restrictive covenants. 2. The information submitted herein is true and carrect to the best af my/aut knaw!�ge and upon submittal becomes public record; 3. Fees are not refundable and payment does not guarantze approval; and 4. All additional required written and graphic materials are attached. (� ,� � / /9 y, !,/ � PropertyOwner{s}: /�Zouc✓,.Y ,ddu.�CC��-� !)>�i r � U'> nR(Aate: �„(�fc� ��6/.�` �—�i, ' �'✓�- t t,� ; ��' � � /; , : Applicant(Agent: � , � il ' t.C%'-� _ Date: L<' / "`''�,$ ' POR OFFICE USE ONLY—APPLICATION SUBMYTTAL CHECKLIST Fe� ✓•BC Received by: �• Date: � � Docket: Cl�.�c¢�� i Attn: Kyle Kritz Dubuque Planiut.g & Zoning De}�artment 50 �% 13`�' Street Dubuque, SA 52001 6 January 2013 Re: Dubuque Southgata Investment Ltd. (DS�) Rezoning Application (pg 2 attachment) To: Lubuque City Council & Zonir.g .�',ommission Dubuque Scuthgate Investments App;icatior.to eliminate t;a PUB d:st.ict zoning cr. p,ope�ies within;�ubuque Southgate Development located at the �outheast corner of Hwy 61-151 P� Hwy 52S adjacent to Stone Hill Drive and Gateway Brive and change to a straight �-� bus:r,�ss zoring classification. This request is for the followi:.g parcels: Sidwell parcei ID # 1501452015, 1501452005 & 150:452007 owned by L'ubuque Sout,gate Imestments # 1501452001, 1501452002 & 1501452013, owned by Riverdream P�operties LLC # 1501453C08, owned by the Fahey Family L;mited Partne:s.hip #I SC 1452016, owned by Dyersville Ready Mix lnc. DBIA Bard Concrete # 1501453011, owned by Gateway Drive Real Estate LLC. The combined area ccvzred by this application is 13.C36 acres Description of Prc�osal and reason necessary: Application is being made to eliminate the PUB district zoiung assigned this area :n — 198� and change all to a straight C-3 zoning. With ccrrent PUD any business not shown on the original site plan would require a revision to the original site plan to ansure complianca with City Zoning. As C-3 businesses were approved use within the orig;nal nUD it was recommznded hy City Pla;ining and Zoning that a straight C-3 zoning classification is an appropriat2 change. By this change uew busir,ess car.move forward hav:ng k;.owledge of the C-3 zoning regulations withcut delay and cost cf the PUD district site plan revision. There cun-ently �ema;ns some 7.:; acres of the original ;3+ acres cf the original PUD district to develop. We wish to be able to offer this p:operty as a C-3 business zoned site with understood regulations ai�d restrictions. This will eliminate the unknown cost and delay associated with the FUD. As I ca;�not chauge only my 73 acres to C-3, I am required to eliminate the PUB ir. :ts entirety with inclasiou of al; parcels within the PIJB to be h.e:eby rezoned to C-3. This cha;ige request / appl;cation has the consent of ali property owners within the orig.nal PL'D as listed aboce totaling 13.036 acres. Danie11�1ueliEi� il2Sident Bubuque Soutl�gate Investments, Ltd � � C� C� � NI � ' � D JA� �1 'I ��?18 CITY OF DUBUQUE �i PLANNING SERVICES DEPARTMENT Attn: Kyle Kritz � Dubuque Plaruung & Zoning Department 50 W 13"' Street Dubuque, lA 52001 Re: Dubuque Southgate Investment Ltd. (DSG) Rezoning Request To: Bubuque City Council &Zoning Commission I, _Paul Faliev , having the authority to sign on behalf of Riverdream Properties, LLC, owner of parcels # 1501452002 (Key West Bairy Queen), parcel # 1501452001 (Key West Kwik Stop) and parcel # 1501452013 (east of Dairy Queen & Kwik Stop) and on behalf of the Fahey Family Limited Partnerslup, owner of parcel # 1501453008 (previously tlie Key West True Value), do hereby stand in agreement with Dubuque Southgate Investments Ltd. request to re- zone these parcels along with the other parcels within the Dubuque Southgate PUD district from the existing PUD classification to C-3 business classification as per Dubuque Southgate lnvestinents applicatiou. 1 am in full agreecnent with this zonivg change request as being a desired chance to our above listed properties. I request that the City grant the requested C-3 zoning. Sincerely, __�L�'•�--C�'(�_Y� Date: �— � — /S Paul Fahey, Riverdream Properties, LLC & Fahey Fainily Limited Partnership 2255 Kerper Blvd. Dubuque, IA 52001 � � � C� Od � ��N 1 �I 2018 D GITY OF DUBU�IUE PLANNING SERVICES DEPARTMENT AYtn: Kyle Kritz Dubuque Planning & Zoning Department 50 W 13"' Street Dubuque, lA 52001 Re: Dubuque Southgate Investment Ltd. (DSG) Rezoning Request To: Dubuque City Council & Zoning Commissioi� 1, 5en Sc}u-oeder , l�aving the authority to sign on b�half of the Dy�.sville Ready Mix lnc. DBlA, Bard Concrete, owner ofparcels # t501452016 (Sard Concrete Key West Plant access roadway), do hereby stand in agreement with Dubuque Southgate Investments Ltd. request to re-zone Yhis parcel along with the other parcels within the Dubuque Southgata PUD district from ti�e existing PUD classification to C-3 bus:ness classification as per Bubuque Southgate Investments ap�lication. I am in full agreement with this zoning change request as Ueing a desired chance to our above listed property. I request that the City grant the re�uested C-3 zoning. Sincerely, 'o-""_ � Date: � /�^�� Ben Scl�roeder, Dyersville Ready Mix Inc. D/B/A, Bard Concrete P.O. Box 246 Dyersville, IA 52040 � � C� [� � M � � JnN 1 `' 201s � � PLFlNNING SERVICES DEPARTMENT 1 Attn: Kyle Kritz DuUuque Plavning & Zoiung Department 50 W 13°i Street Dubuc�ue, lA 52001 Re: Dubuque Southgate Investment Ltd. (DSG) Rezoniug Request To: Dubuque CiYy Council & Zoning Commission I, Clu-istopher 5�al�n , having the authority to sign on behalf of Gateway Drive Real Estate LLC, owner of parcels # 150145301 I (hotne of the Key West Dollar General) , cio hereby stand in agreem�nt with Dubuque Southgate Investments Ltd. request to re-zone this parcel along wiYh the other parcels within the Dubuque Southgate PUD district fiom the e�sting PUD classification to C-3 business classification as per Dubuque Southgate Investments application. I am in full agraement with this zoning change request as being a desired chance to our above listed property. 1 request that tbe City grant the requested C-3 zoning. Sincerely, ��// 1 _. ; j v 7> ��: !�L^._�� `'�� ,.�%� Date: U! �% 0 Christo er Spahn, ` Gateway Drive Real Estate LLC 3243 BitYersweet Ln Dubuque, lA 52001 0 � �' z � Q �p'd= e �n a� � � a � � � y;= ; � � L � 9 � g� �� (n O W �9rzs� � � � U � " "�a`' � Q �w ti� N .� � � N � m � eew m C (6 � � � Q 3 �`u $m „' (� r � � � Q O �inaooa�f"' .ti C � Q � � � � a,Q W 2G�° _' vV', G g�, O � ' � M (6 � � ,`aB��E=€v - � �. � � � U i � � aEovtm�q,v,v°a � ."= �' > > � � > a� o � � v � ��o€��aao�� , c 6 Y 3 L � E Q � y �as� o �€s . � ' � 7 C � � o � � o- m �mb �. �s�� M o U [.i- c� � � s a� m = aNi � o Q a U o€ ._Nt�> � �`� c°'., \ �`; '�`��-\� 0 O E U' 2 d' �' U _ nvmo�� /�� ~ / �� e'a ��v E � j� � T . . � � Fo_-c€u�`mmoi W ( � � V (C6 O �- amm�o-�- _m� x ' I U 'U f29um m a� F ^ a V f� �Q m�m_'o � I a p N y _aa �n>;� Q J � oo"=_o'o`m��a -:et<: ' �:�, . y,. � > r!1'yY'j 4" _� . 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X� ��a i: , —�. e �s 2; ,� '� �+ c � � �� r � � . s �T�+:1� • ' � '�. . a � ::��Y ! • •�i �Yf�j . `/SK . Lt. �� . l ,e r , r t �l `x%� �t � . ,� �� . �' "'i.:*. �' .. ^' rs' .. G_ ��i ` 3 �� \.+[ r—a -i �., �� -; "� � ,r"+- r' . � � - S\ {„tl�p �� . • � 47 ` � ,/ '• �\�+��'1� .��'S�r� ; � i \� r}�� A'� r. . , , . , � �� I ." � y'y� ��,� � w.'g�E ' � . .^ �, � r. . �.�, a .. /`I� i 9 c. r' °- �. S C , kf. � f I� . - �' i �f _ )t�s. �� }'�.. � �' c 1—� v � •��! � � ''`• �x'� f - r �- � , .•.�� . ,yr': `'1 ; � "R ` � r'. r ,�i,,.yr-'r f� � ; �- �' w �� .. •' � � . ,• � v_.. . . � r -. -� _ �� _ ��, . �`� �� ` �` i. . • �I f L � � r " � •/ #i � �, � u I ... F • �� ' e �J(�yn� .1� � .:,"�� 'a it fy� � � �i� . . --�'� j r' �� . i� � � Y�' �' .� � �i n � � .; . � • / . � '�' < � • �8' �O`<E ��, � ` �r�.�. ,s � 4� .' . � � � ' .^�^��. ��w r.',��' �'f �. , ��. � � � .� (Official Publication) ORDINANCE NO. 49-90 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPENDIX A THEREOF, ALSO KNOWN AS THE ZONING ORDINANCE OF THE CITY OF DUBUQUE, IOWA, BY ADOPTING A CONCEPTUAL DEVELOPMENT PLAN FOR THE SOUTHGATE DEVELOPMENT PC PLANNED COMMERCIAL DISTRICT AT THE SOUTHEAST CORNER OF THE INTERSECTION OF IOWA HIGHWAYS 61/151 AND 52/67. Whereas, Daniel J. and Raymond Mueller, owners, have filed an application for approval of a conceptual development plan for hereinafter described property in accordance with provisions of the PC Planned Commercial District regulations as set forth in Section 3-3.8D of the Code of Ordinances, Appendix A thereof, of the City of Dubuque, Iowa; and Whereas, the Planning and Zoning Commission has held a public hearing on said application for a conceptual development plan pursuant to required published notice; and Whereas, the Planning and Zoning Commission has approved said conceptual development plan subject to specific conditions and restrictions having found that said plan conforms with the review standards applicable to such plans as set forth in Section 3-3.8D of the Code of Ordinances, Appendix A thereof, of the City of Dubuque, Iowa; and Whereas, the Planning and Zoning Commission recommended the concurrence of the City Council and approval of said conceptual development plan; and Whereas, the City Council has received the recommendation of the Planning and Zoning Commission and held its own public hearing on said conceptual development plan pursuant to required published notice; and Whereas, the City Council has approved said conceptual development plan subject to the same specific conditions and restrictions: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa, be amended by revising Appendix A thereof, also known as the Zoning Ordinance and Zoning Map of the City of Dubuque, Iowa, by adopting and approving the conceptual development plan for the following described property, to wit: All that part of Lot 3 of Key Gate Center in the City of Dubuque, Iowa lying west of the following described line: Beginning at the northeast corner of Lot 1 of 1 of 4 of Annie Wallers Sub No. 2 in Section 1 Table Mound Township; thence north 00 degrees 52 minutes 20 seconds west 356.25 feet to a point of intersection Ordinance No. -90 Page 2 with the southerly right-of-way line of U.S. Highway 52 and to the center line of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. That in order to accomplish the purposes of the PC Planned Commercial District, and the Zoning Ordinance of the City of Dubuque, Iowa, the use and improvement of the hereinabove described PC Planned Commercial District shall be subject to the submitted conceptual development plan and to the following conditions and restrictions: A. Use Regulations The following regulations shall apply to all uses made of land in the above described PC Planned Commercial District: 1) The principal permitted uses shall be limited to those uses as permitted by Section 3-3.3B of the Zoning Ordinance of the City of Dubuque, Iowa. 2) Accessory uses shall be limited to any use customarily incidental and subordinate to the principal use it serves. 3) No conditional uses will be allowed. B. Bulk Regulations The bulk regulations in this particular PC Planned Commercial District shall be the same as those set forth in Section 3- 3.3F, C-3 General Commercial District, of the Zoning Ordinance of the City of Dubuque, Iowa. C. Parking Requirements The following regulations shall apply to all parking areas in the above described PC Planned Commercial District: 1) The off-street parking requirements for the principal permitted uses shall be to same as that designated by Section 3-3.3B of the Zoning Ordinance of the City of Dubuque, Iowa. 2 3 All parking areas abutting a residential district, public right-of-way, or private street shall be screened from grade level to a height of not less than three (3) feet and maintained within three (3) years of installation at fifty (50) percent opacity using living materials such as hedges, shrubs and/or evergreen trees. No on -street parking will be permitted in this PC District. The property owner shall install signs to this effect along all streets in this PC District. D. Signs The sign regulations in this particular PC Planned Commercial District shall be the same as that which are allowed in the C-3 General Commercial District as established in Section 4- 3.11 Schedule of Sign Regulations of the Zoning Ordinance of the City of Dubuque, Iowa. Ordinance No. -90 Page 3 E. Site Development Standards The site development standards for this PC Planned Commercial District shall be as follows: 1) A final site development plan shall be submitted in accordance with Section 4-4 of the Zoning Ordinance of the City of Dubuque, Iowa. No further grading, excavation, or other land disturbing activity may occur before a final site plan is approved. 2 3 ) ) All commercial buildings and uses that abut office or residential districts shall maintain screening not less than six (6) feet in height along the abutting property line(s). All outside rubbish, storage and garbage collection areas shall be permanently screened from view to a height of at least six (6) feet, as set forth in Section 4-4.6(3) of the Zoning Ordinance of the City of Dubuque, Iowa. 4) All slopes which exceed ten (10) percent shall be stabilized as set forth in Section 4-4.6(2) of the Zoning Ordinance of the City of Dubuque, Iowa. 5) All utility transmission systems shall be placed underground wherever reasonably practical. 6) Adequate illumination shall be provided to parking lots, sidewalks, and all other areas for vehicular and pedestrian circulation, and shall be directed so as not to interfere with the use and enjoyment of adjacent properties. F. Performance Standards The development and maintenance of uses in this PC Planned Commercial District shall be established in conformance with the standards of Section 3-3.8D of the Zoning Ordinance of the City of Dubuque, Iowa. G. Time Limitation The timetable for construction and submittal of a final site development plan shall be established in conformance with the following standards: 1) The conceptual development plan shall be valid for a period of three years from the date of adoption of this ordinance, provided that after the first year, if no final site development plan has been filed, the Commission or Council may require the resubmission of a conceptual development plan. 2 ) Development of the site shall progress as follows: a) Completion of excavation, extension of utilities, and installation of a frontage road serving the three (3) lots east of U.S. 61/151 in 1991. Ordinance No. -90 Page 4 b c ) Construction of a 3,000 square foot convenience store, a gas pump canopy, a car wash, a 5,000 square foot restaurant, and a 8,000 square foot commercial building in the three (3) lots east of U.S. 61/151 beginning in 1990 and completed in 1993. Completion of excavation; extension of utilities; installation of streets; and construction of a 5,000 square foot retail building, two (2) 20,000 square foot retail structures, and a 17,000 square foot motel in the remaining area of the PC District in 1997. H. Transfer of Ownership Transfer of ownership of lease of property in this PC Planned Commercial District shall include in the transfer or lease agreement a provision that the purchaser or lessee acknowledges awareness of the conditions authorizing the establishment of this district. I. Open Space Those areas designated on the conceptual development plan for this particular PC Planned Commercial District as "green space" shall be maintained as open space as defined by Section 8 of the Zoning Ordinance of the City of Dubuque, Iowa. J. Streets The streets installed in this particular PC Planned Commercial District shall be constructed and maintained as private streets in accordance with the City of Dubuque specifications by the property owner and/or association. If not so maintained, the City of Dubuque may do so at the expense of the property owner and/or association. K. Sidewalks Sidewalks shall be installed and maintained in this particular PC Planned Commercial District in accordance with City standards. Section 3. A final site development plan shall be approved by the City Planner if found to be in conformance with the conceptual development plan. If found to be in conformance with said plan, the issuance of building permits shall be permitted. Following approval of a final site development plan, no construction may take place except in substantial conformance with such plan. Ordinance No. -90 Page 5 Passed, approved and adopted this 4th day of June, 1990. James E. Brady Mayor ATTEST: Mary A. Davis City Clerk PS i s2 • CONCEPTUAL DEVELOPMENT PLAN SOUTHGATE CENTER GRAPii!C' 1. FEE: GOCAT/ON /WA A' r p SCALE NO TES 1. .41/ cr/y :e. -rices < _ /ivr/r /1 acCO nCE 51-anda.-0' C,fy of .ca GC/24%Cafran S 3- 1� 1.' i I 11 I.1 i I-1 1'_ fa' 1, 1 I: i ..� •vV - _ I I ■�O. I i`r�:/1 IT i. I i 1 1 illllliilllllllll\ �I 11-! 1-111 IM_41 I [01 I I I, LU111111 i�lllll�illl,11� � .e,.- ra - ) zoaoo/v.! tc,Goa s3. • S 138'56'50'. • y OALANCD OP 3 OP pee . OPC TS CSNTSR ;we rY of auBaaLa rave .5,4-45/c LEGAL cesc,Pbcrrory .� VF . 3 GATE PROPOS!, wwrER —W— PROPosso SAN. SSWFF --5-- PROPOS., Sra4Ef SCWSR —sr— PROPOSFO P5555055 6.47N --PR— PRCPGSCO M<NH LS • 0 vN STORnf SF BR INTAXE —222— ORAINA55 OIRFCI-ION C5NTSRL.NC .—� C. 'e• p' ?CROWN tieowoO.e .rnoNEa+Se TYPICAL SECT/ONS IT -1I �ccNc F l Caap r aa>re LOCAL 5S70SFT (4.0 c0NeserS tv/pac.c/4.) KO�JOINr LI.LL \ 0 S.0' `_\\! Lt_ I I O.. -10..o9950 I ' LOCALpsra'EET Section 2 -Land Use Regulations Article 5: Zoning Districts Department store Indoor amusement arcade Mini warehouse 7HECRYOF DUB Vehicle sales or rental 5-13 C-3 General Commercial The C-3 District is intended to provide locations for commercial uses which are designed to serve the motoring public or uses requiring highway or arterial locations. 5-13.1 Principal Permitted Uses The following uses are permitted in the C-3 district: 1. Agricultural supply sales 2. Animal hospital or clinic 3. Artist studio 4. Auditorium or assembly hall 5. Bakery (wholesale/commercial) 6. Bank, savings and loan, or credit union 7. Bar or tavern 8. Barber or beauty shop 9. Business services 10. Carwash, full service 11. Carwash, self service 12. Construction supply sales or service 13. Contractor shop or yard 14. Dental or medical lab 15. Department store (60,000 square feet maximum) 16. Farm implement sales or service 17. Furniture upholstery or repair 18. Gas station 19. General office 20. Grocery store 21. Hotel 22. Indoor amusement arcade 23. Indoor recreation facility 24. Indoor restaurant 25. Indoor theater 26. Laundry, dry cleaner, or laundromat 27. Medical office 28. Mini -warehouse 29. Mobile or manufactured home sales or service 30. Mortuary or funeral home 31. Moving or storage facility 32. Museum or Library 33. Neighborhood shopping center 34. Parking structure 35. Pet daycare or grooming 36. Photographic studio 37. Place of religious exercise or assembly 38. Printing or publishing 39. Private club 40. Public or private parks, golf course, or similar natural recreation areas 41. Railroad or public or quasi -public utility, including substation 42. Residential use above the first floor only 43. Restaurant, drive in or carryout 44. Retail sales and service 45. School of private instruction Section 2—Land Use Regulations Article 5: Zoning Districts 46. Service station 47. Tattoo parlor 48. Tour home 49. Vehicle body shop 50. Vehicle sales or rental 51. Vehicle service or repair 52. Vending or game machine sales or service 53. Wholesale sales or distributor 5-13.2 Conditional Uses The following conditional uses may be permitted in the C-3 District, subject to the provisions of Section 8-5: 1. Licensed adult day services 2. Licensed child care center 3. Outdoor recreation or outdoor amusement center 4. Passenger transfer facility 5. Wind energy conversion system 5-13.3 Accessory Uses The following uses are permitted as accessory uses as provided in Section 3-7: 1. Any use customarily incidental and subordinate to the principal use it serves 2. Crematorium accessory to a mortuary or funeral home 3 Wind turbine (building -mounted) 5-13.4 Temporary Uses Temporary uses shall be regulated in conformance with the provisions of Section 3-19. 5-13.5 Parking Minimum parking requirements shall be regulated in conformance with the provisions of Article 14. 5-13.6 Signs Signs shall be regulated in conformance with the provisions of Article 15. THE CITYOF DUB Section 2—Land Use Regulations 5-13.7 Bulk Regulations C-3 General Commercial Licensed adult day services, Licensed child care center Min Lot Min Lot Max Lot Area Frontage Coverage (square (% lot feet) (feet) area) 5,000 50 50 Article 5: Zoning Districts Setbacks Front (feet) Mn 20 Min Rear Max Min Side' Height Vehicle sales 20,000 40 All Other Uses 40 When abutting a residential or office -residential district, a 20 foot side setback is required. -2 Wien abutting a residential or office -residential district, a 20 foot rear setback is required. Lot Area 4-1 0 J Pro rty Line F— Lot Frontage Street it 111 11 I 1 1 Ill 1111111111 1 111 011 iRequired front Setback Street t Midpoint Height S Shed Roof Midprlt { o1. 0401 (.--...........1:1eightl i Gable or Hie Roof tDecklinel Height 1 Mansard or Gambrel Roof a Highest Level Height Flat Roof REZONING STAFF REPORT Zoning Agenda: March 7, 2018 Property Address: Property Owner: Applicant: Gateway Drive and Stonehill Drive Dubuque Southgate Investments, LTD. Daniel Mueller Proposed Land Use: Commercial Existing Land Use: Commercial Adjacent Land Use: Proposed Zoning: C-3 Existing Zoning: PUD/PC North — Commercial Adjacent Zoning: North — County B -2/R-2 East — Industrial South — Residential/Commercial West — Commercial Former Zoning: 1934 — County 1975 — County 1985 — County C-1 & R-2 East — C-3 South — County R-3/City AG West — City C-3 Total Area: 13.036 acres Property History: This property was rezoned from C-3 General Commercial to Planned Unit Development with a PC Planned Commercial designation in June 1990. At that time, the rezoning request was to allow for the development of the commercial center with private streets. The Zoning Ordinance in effect at that time required that any development, whether it be residential or commercial, be rezoned to a Planned Unit Development if they were to have private streets. The Zoning Ordinance was amended in 1998 to eliminate that requirement. Physical Characteristics: The subject property is located at the southeast corner of Highway 61/151 and Highway 52. The subject property encompasses approximately 13 acres and is served by two private streets named Gateway Drive and Stonehill Drive. The subject property has access to U.S. Highway 52 and a right-in/right-out on Highway 61/151. The property generally drains to the southeast. Concurrence with Comprehensive Plan: The 2017 Comprehensive Plan included the following Land Use recommendations that supports the applicant's request. COMMERCIAL: Be responsive to market demands and the needs of residents by providing key retail and employment centers. Ensure that such development does not impact the quality of life in adjacent residential neighborhoods. • Explore additional opportunities for limited commercial development within neighborhoods to provide enhanced local access to day-to-day goods and Rezoning Staff Report — Gateway Drive & Stonehill Drive Page 2 services like convenience goods, dry cleaning, etc. such uses are typically best located at major intersections. • Continue to concentrate commercial uses within a regional draw along major transportation corridor, including downtown. Impact of Request on: Utilities: Existing utilities are adequate to serve the site. The proposed rezoning would have no impact on existing utilities. Traffic Patterns/Counts: Based on 2013 IDOT Counts, U.S. Highway 61/151 carries 12,800 average daily trips, and U.S. Highway 52 carries 8,200 average daily trips. Public Services: Existing public services are adequate to serve the property. Environment: Staff does not anticipate any adverse impact to the environment as the proposed rezoning does not change the erosion control and storm water management requirements already applied to the site. Adjacent Properties: Planning staff does not anticipate any change in the impacts to the adjacent properties as the proposed rezoning from Planned Commercial to C-3 General Commercial would not change the regulations that are applied to the continued maintenance and future. CIP Investments: None proposed. Staff Analysis: The applicant is requesting rezoning of the property at the southeast corner of Highway 61/151 and Highway 52 from Planned Unit Development with a Planned Commercial designation to C-3 General Commercial. The applicant is requesting this rezoning as the concept plan that was approved in 1990 is not a good fit with the remaining area of the development. The primary reason for the rezoning in 1990 to a Planned Unit Development designation was the inclusion of private streets within the development and that is no longer a requirement of the City's Zoning Regulations and the existing Planned Commercial district regulations are substantially the same as the City's current C-3 General Commercial regulations. The subject property was rezoned to Planned Unit Development with a Planned Commercial designation in 1990, and has been developed for several retail businesses since that time. Access to the property is by way of a full intersection at Highway 52 and a right-in/right-out access to Highway 61/151. There are no changes proposed to these access points. Rezoning Staff Report — Gateway Drive & Stonehill Drive Page 3 The Planned Unit Development District regulations adopted in 1990 as part of the rezoning of this parcel were identical to the requirements of the C-3 General Commercial District regulations in effect at that time under the 1985 Zoning Ordinance. The list of permitted accessory and conditional uses were identical. The bulk regulations also referenced the C-3 General Commercial District as well as the parking requirements. The requirements for signage at the time also referenced the C-3 General Commercial District requirements then in effect. In summary, the only difference between the adopted PUD Ordinance and the existing C-3 General Commercial regulations in effect at the time, was that there was a requirement for completion of the frontage road serving the three lots east of Highway 61/151, there was a timetable for construction of a convenience store / gas station, and completion of excavation, extension of utilities, and construction of a 5,000 square foot retail building and two 20,000 square foot retail structures, a 17,000 square foot motel in the remaining area of the PC District in 1997. Construction timetables for Planned Commercial developments were included in several other PUDs approved during this time frame between 1985 and the early 1990s. Planning staff have found that these types of construction timetables are almost impossible to enforce as it's just not practical to require commercial developers to develop specific commercial buildings when the developer doesn't have a prospective tenant or buyer. The existing commercial development is in substantial compliance with the current C-3 General Commercial District regulations found in the Unified Development Code. The only aspect of the Dubuque Southgate Development that is not currently in compliance would be the tree planting requirement for new developments. If the requested rezoning to C-3 General Commercial is approved, the businesses will be grandfathered in, and like any other commercial business that does not meet current requirements, would be required to bring the site up to Code when there is a 25% or greater expansion of the existing building or the site is cleared by 25% or more. RECOMMENDATION: Planning staff recommends the Zoning Advisory Commission review the criteria for rezoning requests found in Section 16-9-5(A) of the Unified Development Code, and make a recommendation to the City Council. Prepared by: Reviewed: IVM Date:,?/,2?//8 Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St Telephone: 589-4210 Return to: Kevin Firnstahl, City Clerk Address: City Hall- 50 W. 13th St Telephone: 589-4121 ORDINANCE NO. 7-18 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RESCINDING ORDINANCE NO. 49- 90 AND RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT THE SOUTHEAST CORNER OF HIGHWAY 61/151 AND HIGHWAY 52 FROM PLANNED UNIT DEVELOPMENT WITH A PLANNED COMMERCIAL DESIGNATION TO C-3 GENERAL COMMERCIAL DISTRICT 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 Planned Unit Development with a Planned Commercial designation to C-3 General Commercial District, to wit: Parcel. Nos. 1501452015, 1501452005, 1501452007, 1501452001, 1501452002, 1501452013, 1501453008, 1501452016 and 1501453011, and to the centerline of the adjoining public right-of-way, all in the city of Dubuque, Iowa. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 19th day of March, 2018 Roy D. Buol, Mayor Attest: Kevin . Firnstah City Clerk 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: March 9, 2018, and for which the charge is $27.32. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this iy day of QA.CA\., , 20 18 Notary P is in and for Dubuque County, Iowa. NET K. PAPE Commission Number 199659 My Comm Exp, DEC 11, 20191 Drive from PUD/Plan- ned Commercial Dis- trict to C-3 General!, Commercial District. Request from Teri, &{ BrianSchulz to rezones property at 1108 Locust ', Street from C-2 Neigh- I, borhood Shopping,Cen- ter District to C-4 Downtown Commercial '. District. Request from 310 Huehl LLC / Bradley Gdowski, to rezone.; property at 2460 Kerper Blvd. from HI Heavy - Industrial: Dis- trict to OC Office Commercial District to permit " a school of private instruction along °'with current office related uses. Text Amendment Request from the City of Dubuque to Amend the Unified Develop- 1 ment Code Title 16, Chapter 2 to eliminate I the definition for"fam- ily" to comply with State Code. 'Copies of supporting documents for the public hearings are on file in the City Clerk's Office, City Hall, 50 W. 13th St., Dubuque, Iowa,' -;'and may be viewed during normal working hours. Written comments regarding the above public hearings may be submitted to the City Clerics Office on or CITY OF DUBUQUE, f , before said time of IOWA public hearing. At said OFFICIAL NOTICE time " place NOTICE is hereby 1 given that the Dubuque interestedand citizens and City Council will con- partiespublic will behearings all given an , duct public hearings at. opportunity to be a`.' meeting to com- heard for or , against. mence at 6:00 p.m. on said proposal. Monday, .March 19, Any visual or hearing- a 2018, in the Historic impaired persons need - Federal Building, sec- ing special assistance and floor, 350 West 6th or persons with special Street, on the follow- accessibility - needs 1 ing: should contact the City Rezonings Clerk's Office at (563) Request from Dubu- que Southgate Invest 5894100 or TDD (563) 690-6678 at least 48 ments, Ltd."- / Daniel hours prior to the Mueller to rezone meeting. property at Gateway Kevin S. Firnstahl, Drive and Stonehill CMC, City Clerk 1t 3/9 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: March 23, 2018, and for which the charge is $17.62. Subscribed to before me, a tary Public in and for Dubuque County, Iowa, this ,,,770 day of oat -toe/ , 20 /1 . Notary Public in and for Dubuque County, Iowa. MARY Srt°JttESTE Ri;rE.YE R 4035 �'1i;;!'i1ii:l` SJ5 My GE,E) Y"i'3 o1': Exp. R.b. 1, 2020 OFFICIAL PUBLICATION ORDINANCE NO. 7-18 AMENDING TITLE 16 OF THE " CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY RESCIND- "ING ORDINANCE NO. 49-90 AND RECLAS- SIFYING HEREINAF- TER DESCRIBED PRO PERTY LOCATED AT THE SOUTHEAST CORNER OF HIGH- WAY 61/151 AND HIGHWAY 52 FROM PLANNED UNIT DE - 1 VELOPMENT WITH A PLANNED' COMMER- CIAL DESIGNATION ' TO C-3GENERAL "' COMMERCIAL DIS- TRICT NOW, THEREFORE, BE IT ORDAINED ABY THE ;' CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1., That Title 16 of the City of Dubuque • Code of, Ordinances, Unified I Development Code, is hereby amended by reclassifying: the here- inafter described pro- perty frorii Planned Unit` -Development with. a'- Planned "Commercial designation to C-3 General Commercial District,, to wit: Parcel Nos.: 1501452015, 1501452005, 1501452007, 1501452001, ° 1501452002, 1501452013, 1501453008, 1501452016 and 1501453011, and to the centerline of the adjoining public right- of-way, allin the City of Dubuque, Iowa. Section': 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately up- on publication, as {' provided by law. Passed, approved and adopted this 19th day of March' 2018. /s/Roy D. Buol, Maydr Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 23rd day of March 2018. /s/Kevin S. Firnstahl, City Clerk 1t 3/23