Request to Rezone - Lots 4 & 5 C. J. Bies Subdivision No. 2 Withdrawal Copyright 2014
City of Dubuque Public Hearings # 1.
ITEM TITLE: Request to Rezone - Lots 4 & 5 C. J. Bies Subdivision No. 2 (Tabled from
May 18, 2015)
SUMMARY: Correspondence from applicant Nicole Imbus withdrawing the request
to rezone Lots 4 and 5 of C.J. Bies Subdivision #2 (Bies Drive and Century
Drive) from C-3 General Commercial District with conditions to PUD
Planned Unit Development to allow for Construction of an assisted living
residential development and Zoning Advisory Commission recommending
approval.
SUGGESTED DISPOSITION: Suggested Disposition: Remove From Table; Receive and File, Approve
Request to Withdraw Prior to Public Hearings
ATTACHMENTS:
Description Type
❑ Nicole Imbus Withdrawal Request Supporting Documentation
❑ Staff Memo Staff Memo
❑ Nicole ImbusTable Request Supporting Documentation
❑ Applicant Materials Supporting Documentation
❑ Staff Materials Supporting Documentation
❑ Public input Supporting Documentation
❑ Proposed Ordinance Ordinance
❑ Proof of Publication Zoning Supporting Documentation
RECEIVED
Kevin S.Firnstahl,CMC
City of Dubuque,Iowa �� JUN
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50 W. 13th Street
Dubuque,1A 512€01
ltY Clerk"S Clerk" Office
June 5,2015 Dubuque,
Dear Kevin,
ii
We previously requested to rezone Roger Klauer's property(Lets 4 and 5 of C.J.Bies Sub.#2)as a PUD
with the intent to develop an assisted living facility. Effective May 28,2015,we are no longer purchasing
the property from Mr.Klaucr. Will you please withdraw my request to rezone the property to PUD? It is
imperative that this property remains with the current C3 zoning. Would you mind sending me a copy of
the June 15`4 minutes so that I can confirm the Council's action with Roger'
If you have any questions,I can;be reached at 563-543-4436.
Sincerely,
u LI
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Nicole Imibs
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Planning Services Department Dubuque
City Fall bAd THE CITYOF
50 West 13th Street ♦d A�aleaarf
Dubuque,IA 52001-4864 BUQUE
(563)589-4210 phone
(563)589-4221 fax mn•a,,.•mo, Masterpiece on the Mississippi
(563)690-6678 TDD
l+laanning@cityofdubuque.orQ
May 11, 2015
The Honorable Mayor and City Council Members
City of Dubuque
City Hall — 50 W. 13t" Street
DubuquelA 52001
Applicant: Jeffrey and Nicole Imbus
Location: Lots 4 and 5 of C. J. Bies No. 2
Description: To rezone property from C-3 General Commercial District with conditions
to PUD Planned Unit Development to allow for construction of an assisted
living residential development
Dear Mayor and City Council Members:
The City of Dubuque Zoning Advisory Commission has reviewed the above-cited
request. The application, staff report and related materials are attached for your review.
Discussion
The applicant, Nicole Imbus, spoke in favor of the request. She reviewed her proposal
to construct a 51-bed assisted living residence in three phases.
Staff reviewed the staff report, noting the existing zoning and conditions applied to the
subject property, the proposed development, surrounding zoning and land use. Staff
noted the proposed PUD zoning for an assisted living facility is less intense than a
number of the allowed uses under the current commercial zoning. Staff reviewed that
the Engineering Department did review the proposed access to Bies Drive and was in
agreement with its location.
There was one person who spoke with concerns about additional vehicle trips, the
existing condition of the intersection, and screening. A letter in opposition was received
and filed.
The Zoning Advisory Commission discussed the request, reviewing access to the site,
screening, and setbacks. The Commission discussed requiring a screen along the
north side of the property that would utilize evergreen plantings four foot in height at
planting and achieve 50% opacity and six feet in height in three seasons. The applicant
agreed to the Commission's proposal.
Recommendation
By a vote of 5 to 0, the Zoning Advisory Commission recommends that the City Council
approve the request.
Service People Integrity Responsibility Innovation Teamwork
The Honorable Mayor and City Council Members
Page 2
A simple majority vote is needed for the City Council to approve the request.
Respectfully submitted,
Patrick Norton, Chairperson
Zoning Advisory Commission
Attachments
cc: Gus Psihoyos, City Engineer
Service People Integrity Responsibility Innovation Teamwork w
1
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Trish Gleason - rezone request- Bies Drive
From: Nicole Imbus <nic.imbus@outlook.com>
I�
To: "tgleason@cityofdubuque.org" <tgleason@cityofdubuque.org>
Date: 05/11/2015 10:48 AM
Subject: rezone request- Bies Drive
CC: Nicole Imbus<nic.imbus@outlook.com>
Hi Trish,
I received your name from Kyle Kritz in the planning department. I am in the process of
rezoning/purchasing property on Bies Drive from Roger Klauer. He does not want his property re-
zoned until the property has been officially purchased. Since I'm not quite ready to close on the loan, I
am requesting that my request can be tabled until June 15th. Can you help me with this?
�i
Thank you,
Nicole Imbus a
563-543-4436
i
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Click here to report this email as spam.
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05/13/2015
THE CITY OF Dubuque City of Dubuque
Planning Services Department
�B_ E 10111 Dubuque,TA 52001-4805
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Phone:563-589-4210
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Fax: 563-.589-4221
planning( cttyofdubuqueora
PLANNING APPLICATION FORM
❑Variance ❑Preliminary 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-Viability
❑Special Exception ❑Simple Site Plan ❑Annexation []Historic Designation
El Limited Setback Waiver ❑Minor Site Plan ❑Historic Revolving Loan ❑Demolition in Conservation Districts
5Rezoning/PUD/ID El Major Site Plan ❑Historic Housing Grant ❑Port of Dubuque Design Review
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Propertyowner(s): Je(Jcq jC lilld7�isr��lYilr,Y L(� ne: �3, '`f3•W"�
Address: _�}f >1A1�j J7li {�V. City: Si lJttd094iAO State; �L Zip:
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Existing zoning: V _Proposed zoning: NO—P9 istrict:_6I A— Landmark: ❑Yes Y�960
Legal Description(Sidwell parcel ID#or lot number/block number/subdivision):,pared 4 f0VW(u001 crud lCI,woc l�
Total property(lot)area(square feet or acres): 2.1-5 CSC il-cs
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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): ,�� ��' 1 IDater
Applicant/Agent: _ Date:
FOR OFFICE USE ONLY—APPLICATION
NSSUBMITTAL CHECKLIST
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R-3 Applicant: Jeffery and Nicole Imbus
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Location: Lots 4 & 5 of C.J. Bies No. 2
Description: To rezone property from C-3c
os General Commercial with conditions to PUD
Planned Unit Development with a PR Planned
Residential Designation
Area to be Rezoned
Zoning District Boundary
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Base Data Provided by Dubuque County GIS Path:H:\Planning Services\Vicinity Maps\ZAC Vicinity Maps\projects\Vicinity Map 1048&1060 White Stree
PLANNED DISTRICT STAFF REPORT Zoning Agenda: May 6, 2015
Project Name: 51 Bed Assisted Living Facility
Property Address: Lots 3 and 4 Bies Sub. #2
Property Owner: Jeffrey and Nicole Imbus (under contract)
Applicant: Jeffrey and Nicole Imbus
Proposed Land Use: Residential Proposed Zoning: PUD/PR
Existing Land Use: Vacant Existing Zoning: C-3c
Adjacent Land Use: North — Residential Adjacent Zoning: North —R-1,R-2,R-3
West— Commercial/Residential West—OS, CS
South — Commercial South —PC, C-3
East— Commercial East—PC, C-3
Flood Plain: No Total Area: 2acres
Water: Yes Existing Street Access: Yes
Storm Sewer: Yes Sanitary Sewer: Yes
Previous Planned District: None.
Purpose: The purpose is to facilitate construction of three assisted living residential
buildings with a total of 51 beds.
Property History: The property was located in the county until annexed circa 1965. The
property has remained vacant since annexation. In 2001 the property was rezoned
from R-4 Multi-Family Residential district to C-3c General Commercial district with
conditions. The conditions prohibited access on to Kebbie or Bies Drives and required
that a 20 foot wide buffer with a privacy fence and landscaping be maintained along the
common boundary with the R-1 Single-Family Residential zoning district. The
conditions were amended in 2007 permitting access from the property on to Bies Drive
Physical Characteristics: The property is a 2 acre lot with 18 feet of grade change from
the high point at the northeast corner of the lot to the low point at the southwest corner
of the lot. The property has 275 feet of frontage along Bies Drive and the southeast
corner of the lot is adjacent to the intersection of Sylvan, Bies and Century Drives.
Planned District Staff Report Lots 3 and 4 Bies Sub. #2 Page 2
Conformance with Comprehensive Plan: The 2030 Future Land Use Map
designates the property as commercial.
Staff Analysis:
Streets: The subject property has 275 feet of frontage along Bies Drive and the
southwest corner of the lot adjoins the intersection of Bies, Sylvan and Century
Drives. The City of Dubuque Engineering Department has reviewed and approved
the proposed driveway access to the site for both the existing street pattern and the
possible future realignment of the intersection between Bies, Sylvan and Century
Drives.
Sidewalks: There are currently no sidewalks along Bies, Sylvan and Century
Drives north of the Kennedy Mall access. When developed, sidewalks may be
required along the Bies Drive frontage adjacent to the subject property. Interior
sidewalks will connect the buildings to the parking lot.
Parking: The submitted concept plan indicates a 53 space surface parking lot
surrounded by three buildings. The Unified Development code requires .5 spaces
per bed for assisted living facilities or a minimum of 26 spaces for the subject
facility. Therefore, the development will have twice the amount of off-street parking
required and should comfortably accommodate all resident and visitor vehicles on
the subject site.
Lighting: Any new lighting installed as part of any redevelopment of the property
will be required to code-compliant cutoff fixtures.
Signage: Staff recommends that the Planned Residential district be bound by the
R-4 Multi-Family Residential district sign regulations that permit a maximum of two,
32 square foot each, signs on the premises. If freestanding, the sign must be
monument style and not exceed 10 feet in height. The R-4 sign regulations do not
permit flashing signs, therefore, an electronic message sign for the facility would
have to remain static.
Bulk Regulations: The bulk regulations are stipulated within the proposed PUD
ordinance and the facility is bound by the submitted concept plan.
Permeable Area (%) & Location (Open Space): Approximately 50% of the property
within the PUD will remain permeable area primarily located along the periphery of
the property and in between the buildings.
Landscaping/Screening: The proposed PUD regulations establish landscaping and
screening requirements for the proposed development including the parking areas.
Phasing of development: None proposed.
Page 3
Planned District Staff Report Lots 3 and 4 Bies Sub. #2 Pa g
Impact of Request on:
Utilities: Existing utilities are adequate to serve the proposed development.
Traffic Patterns/Counts: There are no traffic counts for Sylvan, Bies or Century
Drives. However, Pennsylvania Avenue carries 13,800 vehicle trips per day north
of the subject property and Dodge Street carries 30,600 vehicle trips per day
south of the subject property. Sylvan, Bies and Century Drives serve as a
connection between Pennsylvania Avenue, Dodge Street and Kennedy Mall.
Access from the subject property will be taken from a 24 foot wide driveway on to
Bies Drive approximately 75 feet north of the intersection with Sylvan Drive. The
City of Dubuque Engineering Department has reviewed and approved the
proposed access. The 51 bed assisted living facility should generate little traffic.
Public Services: Existing public services are adequate to serve the site.
Environment: Planning staff does not anticipate any significant negative impacts
to the environment provided adequate erosion control is provided during all
phases of development of the property and adequate storm water management
measures are implemented as required by code.
Adjacent Properties: Planning staff anticipate that the most likely impact to
adjacent properties could be a slight increase in traffic. However, if the property
were to be developed for any of the C-3 uses permitted under the current zoning,
traffic flow would likely be heavier. The proposed residential facility would serve
as a transitional buffer between the single and two-family residences along
Kebbie Drive and the more commercial and service uses located at Kennedy Mall
and along Century Drive.
Staff Analysis: The applicant proposes to construct an assisted living facility with two
single-story 16 bed buildings and one single-story 19 bed building with a common 53
space parking lot on a 2 acre parcel with frontage along Bies Drive. Unified
Development Code standards mandate a minimum of 26 parking spaces for an
assisted living facility of this size. Each building will have a common living and dining
area.
The property is bordered by single and two-family residences along Kebbie and Bies
Drives, a senior center along Stoneman Road, a multi-tenant commercial building at the
east end of the Kennedy Mall parking lot, the Kennedy Mall parking lot and commercial
and multi-family residential development along Century and Sylvan Drives.
The proposed assisted living facility should generate little additional traffic, especially
relative to the uses permitted by the current C-3 General Commercial zoning. Vehicles
exiting or entering the facility will use Bies Drive and travel either north on Bies Drive to
Planned District Staff Report Lots 3 and 4 Bies Sub. #2 Page 4
Pennsylvania or south along Century Drive to Kennedy Mall or Dodge Street. The
City's Engineering Department had reviewed and approved the proposed access for
both the current Bies, Sylvan and Century Drives intersection and for possible future
reconfiguration of the street pattern.
The proposes residential facility should serve as a transition between the single- and
two-family residences along Bies and Kebbie Drives to the north and the more intense
commercial and service uses along,Century Drive, Century Circle and the mall parking
lot to the south.
If approved, the development will be bound by the submitted concept plan.
Staff recommends that the Zoning Advisory Commission review Section 5-24 of the
Unified Development Code regarding the criteria established for a Planned Unit
Development.
Prepared by: Reviewed: IV_&__6_ate: el.Z$ '�S
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MAR 27 2015 j Ci
CITY OF DUBUQUE 5'; e5 i)
PLANNING SERVICES DEPARTMENT
C �
J5�'o �lala�� Jar
Prepared by: Laura Carstens, City Planner Address: 50 W. 13th St.. Citv Hall Telephone: 589-4210
Return to: Kevin Firnstahl, City Clerk, Address: City Hall- 50 W. 13 Street Telephone: 589-4121
ORDINANCE NO. -15
AN ORDINANCE AMENDING APPENDIXA (THE ZONING ORDINANCE) OF THE
CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED AT BIES DRIVE FROM C-3 GENERAL
COMMERCIAL DISTRICT WITH CONDITIONS TO PUD PLANNED UNIT
DEVELOPMENT DISTRICT WITH A PR PLANNED RESIDENTIAL DISTRICT
DESIGNATION, AND ADOPTING A CONCEPTUAL DEVELOPMENT PLAN FOR
BEE HIVE HOMES.
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 reclassifying the hereinafter-described property from C-3
General Commercial District with conditions to PUD Planned Unit Development District with
a PR Planned Residential District designation, and adopting a conceptual development plan,
a copy of which is attached to and made a part hereof, is hereby adopted and approved for
the following described property, to wit:
Lots 4 and 5 of C. J. Bies Subdivision #2, and to the centerline of the adjoining
public right-of-way, all in the City of Dubuque, Iowa.
A. Use Regulations.
The following regulations shall apply to all uses made of land in the above-
described PR Planned Residential District:
1. Principal permitted uses shall be limited to 51 senior assisted living
housing dwelling units in three buildings.
2. No secondary or contingency uses shall be permitted.
3. Accessory uses shall include any use customarily incidental and
subordinate to the principal use it serves.
Bies Drive Assisted Living Facility Page 2
B. Lot and Bulk Regulations.
Development of land in the PR Planned Residential District shall be
regulated as follows:
1. The proposed buildings shall be located in substantial conformance
with the approved conceptual development plan.
2. Maximum building height of 40 feet shall be allowed.
C. Performance Standards
The development and maintenance of uses in this PR Planned Residential
District shall be regulated as follows:
1. Parking Regulations
a. Off-street parking shall be provided based on the approved
conceptual plan with 53 spaces provided.
b. All vehicle-related features shall be surfaced with either asphalt
or concrete.
c. Curbing and proper surface drainage of storm water shall be
provided.
d. All parking and loading spaces shall be delineated on the
surfacing material by painted stripes or other permanent means.
e. The number, size and design of parking spaces shall be
governed by applicable provisions of City of Dubuque
Ordinances enforced at the time of development of the lot.
f. The number, size, 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.
2. Site Lighting
a. Exterior illumination of site features shall be limited to the
illumination of the following:
i. Parking areas, driveways and loading facilities.
ii. Pedestrian walkway surfaces and entrances to building.
iii. Building exterior.
b. Location and Design
Bies Drive Assisted Living Facility Page 3
i. No light source shall provide illumination onto adjacent
lots, buildings or streets in excess of 1.0 foot candle.
ii. All exterior lighting luminaries shall be designed and
installed to shield light from the luminaries at angles
above 72-degrees from vertical.
iii. Fixtures mounted on a building shall not be positioned
higher than the roofline of the building.
iv. All electrical service lines to posts and fixtures shall be
underground and concealed inside the posts.
3. Landscaping
Landscaping shall be regulated in accordance with Section 13-4 of
the Unified Development Code in addition to the following:
a. That an evergreen screen consisting of plantings a minimum of
four feet in height shall be installed along the north side of the
property. The screen shall achieve 50 percent opacity and six
feet in height within three growing seasons.
4. Storm Water Conveyance
The developer 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 drainageways outside the lot in a
means that is satisfactory to the City of Dubuque. Other applicable
regulations enforced by the City of Dubuque relative to storm water
management and drainage shall apply to the subject property.
5. Exterior Trash Collection Areas
a. The storage of trash and debris shall be limited to that produced
by the principal permitted use and accessory uses of the lot.
b. All exterior trash collection areas and the materials contained
therein shall be visually screened from view. The screening
shall be completely opaque fence, wall or other feature not
exceeding a height of 10 feet measured from the ground level
outside the line of the screen. Screens built on sloping grades
shall be stepped so that their top line shall be horizontal.
Exposed materials used to construct the opaque screen shall
be similar in appearance to materials used for exterior building
walls. All exterior entrances to a screened trash area shall be
provided with a gate or door of similar design to that of the
screen.
Bies Drive Assisted Living Facility Page 4
If a 10-foot high screen fails to shield the exterior trash collection
area from view from points inside or outside of the property,
evergreen plantings may be required in addition to the
screening. Evergreen plant materials shall be selected and
designed so that they will screen the area from all off-site
visibility within five (5) years.
6. Final site development plans shall be submitted in accordance with
Article 13 of the Unified Development Code prior to construction of
any buildings.
D. Open Space and Recreation Areas
Open space and landscaping in the PR Planned Residential District shall
be regulated as follows. Those areas not designated on the conceptual
development plan shall be maintained as open space, as defined by Article
2 of the Unified Development Code of the City of Dubuque, Iowa, by the
property owner and/or association.
E. Sign Regulations
1. Signs in the Planned Residential District shall be regulated in
accordance with the R-4 Multi-Family Residential Zoning District sign
regulations of the Unified Development Code.
2. Variance requests from sign requirements for size, number and
height shall be reviewed by the Zoning Board of Adjustment in
accordance with Article 8-6 of the Unified Development Code.
F. Other Codes and Regulations
1. Service Lines. All electric, telephone, cable, or other similar utility
lines serving the building and other site features shall be located
underground.
2. The use of semi-trailers and shipping containers for storage is
prohibited.
3. These regulations do not relieve the 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 within the city of Dubuque.
G. Transfer of Ownership
Transfer of ownership or lease of property in this PR Planned Residential
District shall include the transfer or lease agreement a provision that the
purchaser or lessee acknowledges awareness of the conditions authorizing
the establishment of the district.
Bies Drive Assisted Living Facility Page 5
H. Occupancy Permits
No occupancy permit shall be issued by the City of Dubuque for property
included in the subject planned unit development district until full
compliance with this ordinance has been achieved.
Section 2. The foregoing amendment has heretofore been reviewed by the
Zoning Advisory Commission of the City of Dubuque, Iowa.
Section 3. The foregoing amendment shall take effect upon publication, as
provided by law.
Passed, approved and adopted this day of 2015.
Roy D. Buol, Mayor
Attest:
Kevin S. Firnstahl, 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: May 08, 2015, and for which the charge is $21.46.
f 147
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this day of , 20 &
Notary Public in and for Dubuque County, Iowa.
MARY K.WE T ERMEYER
Commission Numj,nr 154885
n My Comm, Ex.p. FES, 1,2017
i
CITY OF DUBUQUE,
IOWA
®FFICIAllNOTICE
NOTICE IS HEREBY
GIVEN ' •that the "
Dubuue City Council
q
'
wily conduct lic
°a pub ,'i
hearing at ameeting to i -
commence at 620 P.M.
on May 18,2015,in the
Historic i IF, eral Bu
ild-'.',
ing, 350 West 6th' 1
Street, on" the:
following:
RL-zonings'
Request by Jeffrey III,
and Nicole Imbus to I
rezone'Lots 4 and 5 of.
C.J.Bies No 2 located
east of the intersection"
of Bies, Sylvan and
Century Drives from C;
3 General.-commercial I
Districtwithiconditions i
to PUD-jPlann6d Unit
Development to allow
for construction of an 1
assisted living resi I .
dential development.
Text Amendment
Request bythe City of i
Dubuque Planning Ser ;I
vices Department :to
amend the Unified
Development Code to
establish quarries as a
conditional`use in the
AG Agricultural Dis-
trict
Written'comments
regarding" the above
public hearings may be
submitted :to the City
Clerk's":Office on or
before said time 'of
public hearing.At said
time' and place of
public, hearings all,,
interested citizens and
parties w,ill;be given an
opportunity to be
Beard for or against '
said ractions.
Copies of supporting
documents for the
public hearings are on. �
file in the City Clerk's
Office I and may be
viewed during regular
working hours.
Any visual or hearing
impaired persons need-
ing special assistance I
or persons-with special I
accessibility needs`
should contact the City
Clerk's Office at (563)
589-4100 or TTY (563)_1
690-6678 at least 48
hours prior to ;the
meeting.
Kevin S.Firnstahl,
CMC,City Clerk
it 5/8