Zoning - JFK Cr., Herrig Real EPlanning Services Departzne~t
City Nan
50 West 13th Street
Dubuque, Iowa 520014864
(563) 5894210 office
(563) 589-4221 fax
plarming@cityofdubaque.or g
September 19, 2001
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque, IA 52001
RE: Rezoning
Applicant: Herrig Real Estate
Location: End of John F. Kennedy Circle (Lot 3 Herrig's JFK Addition)
Description:
To rezone property from C-3 General Commercial District to CS Commercial
Service and Wholesale District.
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
Mr. Eldon Herrig spoke in favor of the request, stating he wished to established a mini-
warehousing business and indicating that the subject parcel is screened from adjacent
residential properties by trees along the west side. Mr. Herrig also presented letters of support
from surrounding business owners.
A letter of concern from an adjacent business was received. No other public comments were
received.
Staff reviewed surrounding zoning and land use, and then provided copies of the list of
permitted uses in the C-3 and CS zoning districts,
The Zoning Advisory Commission discussed the request, noting that some of the allowed uses
are not appropriate for the subject parcel. Commissioners discussed conditions such as
screening, lighting and allowed uses to mitigate potential adverse impacts.
Recommendation
By a vote of 7-0, the Zoning Advisory Commission recommends that the City Council approve
the request with the following conditions:
1)
2)
3)
4)
Security fencing is required around perimeter of the mini-warehouse facility.
Outdoor lighting shall utilize cut-off luminaries.
All vehicle use areas shall be paved.
The list of permitted uses for this property shall be further restricted as shown in
Exhibit A.
The Honorable Mayor and City Council Members
October 9, 2001
Page 2
A simple majority vote is needed for the City Council to approve the request.
Respectfully submitted,
Eugene Bird, Jr., Chairperson
Zoning Advisory Commission
Attachments
City of Dubuque
Planning Services Department
Dubuque IA 52001-4864
Phone: 319-589-4210
Fax: 319-589-,4149
PLANNING APPLICATION FORM
[] Variance
[] Conditional Use Permit
[] Appeal
[] Special Exception
[] Limited Setback Waiver
ar~ezoning
[] Planned District
[] Preliminary Plat
o Minor Final Plat
[] Text Amendment
o Simple Site Plan
[3 Minor Site Plan
[] Major Site Plan
[] Major Final Plat
[] Simple Subdivision
[] Annexation
[] Temporary Use Permit
[] Certificate of Appropriateness
[] Certificate of Economic Hardship
[] Other:
PLEASE TYPE OR PRINT LEGIBLY IN INK
Property Owner(s): ,~ --~',~_)?, o/ .//'~L~'/~/.~ ~~ ~ ~--~ Phon~~
Fax Numbe~ ~ Mobile/Cellular Numbec
Appli~n~Agent Phone:
Address: City: State: __ Zip:
Fax Number:
Site location/address:
Existing zoning: ~'
Mobile/Cellular Number:
Proposed zoning: ~--..~ Historic district:
Legal description (Sidwell Parcel ID number or lot numbedbiock numbedsubdivision):
To~I pmpe~ (lot) area (square f~t or acres): /, 2 ~C ~¢ ~
Landmark:
Number of lots: /
Descdbe proposal and reason necessary (attach a letter of explanation, if needed):
CERTIFICATION: I/we, the undersigned, do hereby certify that:
becomes public record;
2. Fees are not refundable and payment does not guarantee approval; and
3. A,, additional r~uired wdtte~ rr~atedais are attached.
Applicant/Agent:
The information submitted herein is true and correct to the best of my/our knowledge and upon submittal
Date:
FOR OFFICE US~IL~F ~,P~__.C TION SUBMITTAL CHECKLIST
ee: Received by: oste: booker
[] Property ownership list m Site/sketch plan []~'plan [] Plat r~ Conceptual development plan
m Improvement plans [] Design review project description [] Photo m Other:
C~TY OF DUBUQUE
TO THE ZONING ADVISORY COMMISSION MEMBERS: SEP g ;7 2001
We are requesting a zoning change of Lot 3 of Herrig's JFK Addition, from~a~3em,
CS (Commercial Service).
Our attempt to sell this property has failed so far. No offers, and those who
showed interest in the property needed rezoning for their operation. Real estate
people tell us that the triangular shape of the lot is a detriment to placing a
building on the lot that is suitable for a C3 zoning.
The property taxes on this lot run us about $1,600.00 per year. That's a lot of
money we have paid over the last ten (10) years on a piece of property we cannot
sell.
This is a frustrating situation, and it was suggested to us by a prominent contractor
to construct some mini-storage buildings on this lot, which would serve a lot of
households because it is close to the many apartment buildings and condos in the
area. Enclosed is a proposed plan.
We appreciate the advisory board taking a close look at this piece of property to
determine if the zoning change would justify our request as a proper use. Our
neighbors in closest proximity (specifically Courtesy Cleaners, Heartland
Ambulance Services, Premier Bank and Kennedy Circle mall) all approve.
Approval letters will be furnished at the hearing. Trees to the West buffer the area
at the back of the property, and the residential area would not be affected. We
would do everything possible so the buildings would blend with the surrounding
property. All storage of property would be enclosed.
Thank you for the opportunity to present our request to the Board. ! will be
present at the meeting to answer any questions you might have.
Sincerely,
Herrig & Herrig Financial Services
Eldon . He ig
ETH:pks
Proposed area to be rezoned
~ Proposed Area
Applicant: Herrig Real Estate
Location: End of J. F. Kennedy
Circle
Description: To rezone property
located at the End of J.F. Kennedy
Circle from C-3 GeneraICommercial
District to CS Commercial Service
and Wholesale District.
FINAL PLAT
LOTS I THRU 5 OF HERRIG'S JFK ADDITION
BEING A SUBDIVISION OF
LOT 1 OF HILLCREST PLAZA AND
LOT 1-7, BLOCK 21A, KEY KNOLLS SUBDIVISION
IN THE CITY OF DUBUQUE, IOWA UN[ I OIRECllON i DISTANCE J
LOT 5
2.29fi ACRES
25'
3.ge- 86'5'/'05" Es' \
LOT 4. N 28-~'42" ~'-,
71,95'
LEGEND
O SET 5/8" IRON ROD
254.55'
LOT 5
~.Z75 ACRES
0 100 200
R = 75.00'
T = 262.14'
L = 277.42'
R = 35.00'
. L = 28.80'
CIRCLE
49.68'
33.94'
LOT 1
LOT 2
s
REZONING STAFF REPORT Zoning Agenda: October 3, 2001
Property Address:
Property Owner:.
Applicant:
End of John F. Kennedy Cimle
Herrig Real Estate Development
Eldon Herrig
Proposed Land Use: Commercial
Proposed Zoning: CS
Existing Land Use: Vacant
Existing Zoning: C-3
Adjacent Land Use:
North - Commemial
East - Commemial
South - Vacant
West- Residential
Adjacent Zoning: North - C-3
East - C-3
South - R-1
West ~ R-1
Former Zoning:
1934 - County; 1975 - C-3; 1985 - C-3 Total Area: 1.2 acres
Property History: The subject property has been vacant for many years. The
subject parcel is triangular shaped and has access to John F. Kennedy Cimle by way of
an existing private drive.
Physical Characteristics: The property is triangular in shape and is relatively fiat. The
west side of the parcel is steeply sloped down to existing drainage way that flows to the
southeast toward Pennsylvania Avenue. The site is currently screened from the
residential area to the west by trees.
Concurrence with Comprehensive Plan: The 1995 Comprehensive Plan did not
designate this area.
Impact of Request on:
Utilities: Existing utilities are adequate to serve the site.
Traffic Patterns/Counts: The subject parcel has access to John F. Kennedy Circle,
which is classified as a cul-de-sac and there are no traffic counts available.
Public Services: Existing public services are adequate to serve the site.
Environment: Staff does not anticipate any adverse impact to the environment
provided adequate erosion control is provided during all phases of development of
the property.
REZONING STAFF REPORT Page 2
Adjacent Properties: Staff does not anticipate any significant adverse impacts to
adjacent property as the subject parcel is separated from adjacent residential
property by distance, elevation and existing trees.
CIP Investments: None proposed.
Staff Analysis: The applicant is requesting a rezoning of the subject parcel from C-3
General Commercial to CS Commercial Service and Wholesale District. The subject
parcel is triangular in shape and has access to John F. Kennedy Circle by way of an
existing private drive.
The requested rezoning to CS Commercial Service and Wholesale District would allow
the development of a miniwarehousing facility on the parcel. Miniwarehousing is only
allowed in CS and industrial districts. The subject parcel has been zoned for C-3
General Commercial since at least 1975. The parcel has limited visibility to John F.
Kennedy Circle, which contributes to the difficulty in developing it for C-3 related uses.
The C-3 General Commercial District tends to allow many of the retail commercial
activities that require high visibility from adjacent roadways. The CS Commercial
Service and Wholesale District allows for a wider range of uses, some of which are
more intense, than those uses in the C-3 District.
The applicant's proposal to develop the property for miniwarehousing; however, would
have limited impact on nearby residential property. Miniwarehousing tends to be a very
quiet use with a Iow volume of traffic on a daily basis. Access to the site would still be
by way of the private drive that now exists.
Staff recommends that the Zoning Advisory Commission review Section 6-1.1 of the
Zoning Ordinance that establishes cdteria for reviewing rezoning requests.
Prepared by: ~..~/~'/~ Reviewed: ~////~- Date:
Prepared by: Laura Carstens, City Planner Address: 50 W. 13th St., City Hall Telephone: 589-42t0
ORDINANCE NO. 67-01
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF
THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING
HEREINAFTER DESCRIBED PROPERTY LOCATED AT END OF JOHN F.
KENNEDY CIRCLE FROM C-3 GENERAL COMMERCIAL DISTRICT TO CS
COMMERCIAL SERVICE AND WHOLESALE DISTRICT, WITH CONDITIONS.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That Appendix A (the Zoning Ordinance) of the City of Dubuque Code
of Ordinances is hereby amended by reclassi~ing the hereinafter-described property
from C-3 General Commercial District to CS Commercial Service and Wholesale
District with conditions described in the attached Memorandum of Agreement, to wit:
Lot 3, Herdg's JFK Addition, 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 15th day of October, 2001.
/s/ Terrance M. Duggan, Mayor
Attest:
/s/ Jeanne F. Schneider, City Clerk
MEMORANDUM OF AGREEMENT
Pursuant to the Iowa Code Section 414.5 (1993), and as an express condition of rezoning
of the property described as:
Lot 3 Herrig's 3FK Addition, and to the centedine of the
adjoining public right-of-way, all in the City of Dubuque, Iowa.
which is the subject of Ordinance No. 67 -01, a copy of which is attached hereto and
incorporated herein by reference, the undersigned property owners, agree to the following
conditions, all of which the property owner further agrees are reasonable and are imposed
to satisfy public needs which are caused directly by the rezoning:
A) Performance Standards
1) Secudty fencing is required around perimeter of mini-warehouse facility.
2) Outdoor lighting shall utilize cut-off luminaries.
3) All vehicle use areas shall be paved.
4)
The list of permitted uses for this property shall be further restricted as shown
in Exhibit A.
B)
Reclassification of the Subiect Property. The City of Dubuque, Iowa may initiate
zoning reclassification proceedings to the District (which rezoning will include the
removal of the performance standards in Section A above) if the property owner
fails to complete any of the conditions or provisions of this Agreement.
c)
Modifications. Any modifications of this Agreement shall be considered a zoning
reclassification and shall be subject to the provisions of the Zoning Ordinance
governing zoning reclassifications. All such modifications must be approved by the
City Council of Dubuque, Iowa.
D)
Recordinq. A copy of this Agreement shall be recorded with the Dubuque County
Recorder as a permanent record of the conditions accepted as part of this rezoning
approval within ten (10) days of the adoption of Ordinance No. 67 -01.
E)
Construction. This Agreement shall be construed and interpreted as though it were
part of Appendix A of the Code of Ordinances of the City of Dubuque, also known as
the Zoning Ordinance of the City of Dubuque, Iowa.
F) This Agreement shall be binding upon the undersigned and his/her heirs, successor
and assignees.
EXHIBIT A
3-3.6 CS Commercial Service and Wholesale District.
(A) Generalpurpose and description. The CS District is ~tended to provide areas for a variety of
business services, office uses, limited ~dumrial activity and major wholesale opemfious. The
CS uses axe primarily characterized by large storage space requirements, high volume truck
traffic and low volume customer traffic. Special emphasis shall be placed on selection of
areas to be granted CS classification. It is intended that the CS District is one that provides a
transitional zone that can be used between industrial and commercial uses and in cases where
topography establishes a tmneitional area due to physical Hm~tatinus between industrial and
higher density residential development.
03) Principalpermitted uses. The following uses shall be permitted in the CS District:
(1) Railroads and public or qn~-public utiJlties including sub~tatious-[47]~
(2) General office-[14].
(3) Medical/dental lab-J8].
(4) Personal services-[ 14].
(5) Off-s~eet parldng lot-IN/Al.
(6) Furuiture/home fur~sb_Lng-[27].
(7) Appliance sales and service-J27].
(8) Furniture upholstery/repair-[18].
(9) Business services-[29].
(10) Office supply-[19].
(1 t) Vending/game machines sales and service-[ 19].
(12) Mail-order houses-J23 ].
(l 3) Lumberyards/building material sales-Il 9].
(14) Coustmction supplies, sales and service-Il9].
(15) Printing/publishing-[32].
(16) Moving/storage facilities-J33].
(17) Auto service centers'(TBA)-[34].
(1 $) Auto saleslservice-[38].
-~29) Truzk szZ:z/se~.Sce r:p~r [39].
(22) Auto parm/supply-[ 17].
· DU549 CH-01.TXT (2)
(23) Mobile home sales-J40].
(24) Motorcycle sales and service-[41 ].
(25) Boat sales mad service-[40],
(26) Recreational vekicles sa/es ~nd service-[38].
(27) Vehicle rental-[47].
(28) Upholstery shop-J42].
(29) Contractor shoplyard-[33].
(30) Wholesale sa/es/distributor-[29].
r2 D Fr:i-~-* +'"~-'"¢~- -r..,.:u+:~ [~?.].
(22) FueLS~: dea/:m ~ rnew~'~,.x~.ng. [33].
(33) Agricultural supply sales-[19].
(34) Processing or assembly-J33].
(35) Tool, die mad pattera-making-[33].
(36) Miniwarehousing- [47].
(39) Landscaping serv/ces (not including retail sales as primary use)-[29].
~..~ ............. =~-~.~xm¢ [23].
....................................
ACCEPTANCE OF ORDINANCE NO, 67-01
-01
I, Eldon T. Herrig, representing Herrig Real Estate Development, having read
the terms and conditions of the Ordinance No. 67-01 and being familiar with the
conditions thereof, hereby accept this same and agree to the conditions required therein.
Dated this 11 day of Oct ,2001.
/s/ Eldon T. Herrig Pres.
Herrig & Herrig Development
SepTember 26, 200t
Zoning Advisory Board
City Hall, Second Floor
50 West 13th Street
Dubuque, IA 52001
CLEANING CENTER
C)TY OF DUBUQUE
SEP 2 ? 2001
Attention: Zoning Advisory Commission
These comments are directed toward the proposed zoning change for the Herrig property
at the end of Kennedy Circle.
While I am generally in favor of development on the properties on both sides of my
property, I need to voice the following concern.
We have experienced a tremendous ambnnt ofjuvenile vandalism as well as three
robberies in our short six years of operation. My oniy concern is the fact that the
proposed business will be unsupervised at most times, unlike retail type businesses as is
allowed for with the present zoning. I don't want this new development to become
another "play area" for the kids and skateboarders we already deal with on a daily basis. [
think the only answer is to place a significant fence around the entire developed area~ I
have discussed these concerns with Mr. Herdg, and he agrees that his area should be
fenced to help maintain security for the entire Kennedy Circle area.
As long as this is a mandatory part of Mr. Herfig's plan, I support his application to
rezone his property from C-3 General Commercial Dislrict to CS Commerciai Service &
Wholesale District. Mr. Herrig has long been a good business neighbor, and will
continue to be with the addition of his new endeavor.
Sincerely,
Tony A. Helling
President
3398 John F. Kennedy Circle · Dubuque, ~owa 52002-3863 · 319-583-3999
535 Hill Street · Dubuque, Iowa 52001~6639 · 319:583-5332
To the Dubuque Planning and Advisory Board:
Dear Members of the Advisory Board:
We are aware of Eldon Herrig's proposal to rezone the adjacent property to
accommodate mini-storage buildings.
We see no adverse impact concerning our mall located at Kennedy Circle and
want the Board to know that we have no objections to this proposal.
Sincerely,
Tom Luksetich
HEARTLAND REGIONAL PARAIVIEDIC
3392 KENNEDY CIRCLE
DUBUQUE, IA 52002-3863
September 18, 2001
TO: Dubuque Planning & Zoning Advisory Board
Dear Members of the Board,
Dubuque HLC, Inc. is the property owner at 3392 Kennedy Circle. We support Eldon
Herdg's proposal to rezone the adjoining property to accommodate mini storage holds.
If you have any questions, you may contact me at (319)582-0224.'
Sincerely,
Wil~ed R. Bahl, Jr.
President
Dubuque I-ILC, Inc.
PREMIER BANK
Familiar Faces. A New Way of Banking.
· September 27, 2001
Zoning Advisory Commission
City of Dubuque Planning Services Dept.
City Hall
50 West 13th Street
Dubuque, IA 52001-4864
RE: Herdg Real Estate
J.F. Kennedy Circle
Dubuque, IA
Gentlemen:
Recently Premier Bank received notice of public hearing regarding Herrig Real Estate
application to rezone a parcel of property owned by this firm on John F. Kennedy Circle,
Dubuque, Io~va from C-3, General Commemiat District, to C-S, Commercial Service and
Wholesale District. We understand the intention of Herrig Real Estate is to construct a mini-
storage facility on said real estate.
Please be advised that Premier Bank is familiar with the property, its current undeveloped status,
and Herrig Real Estate efforts to develop or sell the property for the past many years. In
considerations of the plans presented by Herrig Real Estate for use as a mini warehouse, we are
pleased to inform you of our support of their request for rezoning to allow for the development
of the property as planned.
We respectfully request your favorable consideration to Herrig Real Estate's request for rezoning
to allow for its development.
Sincerely,
ey P Mozena
President/CEO
JPM/kj f
WEST SIDE OFFICE · 1975 IFK Road - F.O. Box 420 · Dubuque, Iowa 52004-0420 · Telephone 563-588-t000 · Fax 563-588-3352
DOWNTOWN OFFICE · 9th & Iowa Streets - P.O. Box 420 · Dubuque, Iowa 52004-0420· Telephone 563-690-1000 · Fax 563-690-0070
www.premierbanking.com
HEALTH SERVICES CREDIT UNION
October 2, 2001
Eldon T. Herrig, President
Herrig & Herrig Real Estate Development Corp.
3388 Kennedy Circle
P. O. Box 89
Dubuque, IA 52004-0089
Re: Rezoning of property located at "End ofJ. F. Kennedy Circle"
Mr. Herrig:
This letter is in response to the '2qotice of Public Hearing" regarding rezoning of the
property at the end of J.F. Kennedy Ckcle from C-3 General Commercial District to CS
Commercial Service and Wholesale District.
I have conferred with the Board of Directors of Health Services Credit Union and we are
not in opposition of the rezoning for this property if you are planning to put up a mini-
storage type facility on this property.
Joseph D. Gonzalez
CEO/Manager
Health Services Credit Union
250 MERCY DRIVE · DUBUQUE, IOWA 52001 · PHONE (319) 589-9090
OCT-O$-OI NED 08:44 AM DBQ BhNK ~ND TRUST FAX NO, 3195891951 P, 02
DUBUQUE BANK& TRUST
October 3,2001
Zoning Advisory Commission
City of Dubuque Planning Services Dep,'mment
$0 West 13th Street
Dubuque, IA 52001 ~4864
I am writing in response to a Notice of Public Hearing to be held October 3, 2001 for the property
at the end o£J.F, K~medy Circle,
Dubuque Ba,k & Trust Company has no objection to thc proposal to rezone/he property at the
end of LF. Kennedy Circle from C-3 O~neml Commercial District to CS Commercial Se~wic~ and
Wholesale District,
ery truly yours,
hn K. Schmidt
President and CEO
drag