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Zoning 3925 Dodge StPlaning Services Department City Hall 50 West 13th Street Dubuque, Iowa 52001-4864 (563) 5894210 office (563) 589-4221 fax (563) 690-6678 213D planning@cityofdubuque.org August21,2002 The Honorable Mayor and City Council Members City of Dubuque City Hall - 50 W. 13th Street Dubuque IA 52001 RE: Rezoning Applicant: Tom Luksetich/Luksetich & Smith, LLC Location: 3925 Dodge Street Description:To rezone property from C-3 General Commercial District to PC Planned Commercial 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 The applicant spoke in favor of the request, indicating that the Planned District designation is necessary to fully utilize the former Menard's commercial building. Staff reviewed the surrounding zoning and land use and reviewed the draft PUD ordinance. There were no public comments. The Zoning Advisory Commission discussed the request, noting that the proposed rezoning to PUD will not adversely impact adjacent property and will provide the flexibility needed to fully utilize the two level commercial building. Recommendation By a vota of 5to 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. Respectfully submitted, Eugene Bird, Jr., Chairperson Zoning Advisory Commission Attachments Service People Integrity Responsibility Innovation Teamwork City of Dubuque Planning Services Departmest Dubuque IA 52001-4864 Phone: 319-589-4210 Fax: 319-589-4149 PLANNING APPLICATION FORM Variance Conditional Use P~mit Appeal Special Exception Limited Setback Waiver )t(Rezoning ~3 Planned District r~ Preliminary Plat n Minor Final Plat ~ Text Amendment Simple Site Plan Minor Site Plan Major Site Plan Major Final Plat Simple Subdivision Annexation Temporary Use Permit Certificate of Appropdatenees Cer§ficate of Economic Hardship Other. PLEASE TYPE OR PRINT LEGIBLY IN INK Property Owner(s): Luksetich & Address: .2255 Fax Number. 563-556-0856 Applicant/Agent .,,, Tc~z Luksetich Address: 2255 Fax Numbe~ 563-556-0856 Cit$. Dabuaue State: Mobile/Cellular Number: Ci~ Dubuaue State , Mobile/Cellular Number. Phone: 563-556-8840 ZA Zip:. 52002 Phone:..563-556-8840 TA Zip: 52002 Site location/address: 3925 Do~e ~t Existing zoning: _. C-3 Proposed zoning: /=C_ Historic district ,~./A Landmark: Legal description (Sidwell Parcel ID number or lot number/block number/subdivision): . ~ot 1-1-3 Z~ S~ Sect. J. on 28 T89N ]P,2~ otal property (lot) area (square feet or acres):.,. 10.83 Ad,-es Number of lots: I Describe proposal and reason necessary (attach a letter of explanation, if needed): I~Z¢~'~ CERTIFICATION: I/we, the undersigned, do hereby certify that 1. The information submitted herein is tree and correct to the best of mY/OUr knowledge and upon submittal becomes public record; 2. Fees are not refundable and payment does not guarantae approval; and 3. All additional required ~n and. gral~ic materiels are attached. Appli~nt/Agent: j Property ownership list ~ Site/sketch'plan ~icor plan a Plat n Conceptual development plan Improvement plans n Design review project description n Photo a Other. Proposed Area to be Rezoned Applicant: Tom Luksetich/ Luksetich & Smith, LLC Location: 3925 Dodge Street Description: To rezone property from C-3 General Commercial District to PC Planned Commercial District. PLANNED DISTRICT STAFF REPORT Zoning Agenda: August 14, 2002 Property Address: 3925 Dodge Street Property Owner: Luksetich & Smith, LLC Applicant: Tom Luksetich Proposed Land Use: Commercial Existing Land Use: Commercial Adjacent Land Use: North - vacant East - residential South - commercial West - commercial Flood Plain: No Water: Yes Storm Sewer: Yes Commercial Previous Planned District: None Proposed Zoning: PUD Existing Zoning: C-3 Adjacent Zoning: North - CS East - C-3/R-2 South - C-3 West - C-3/CS Total Area: 10.83 acres Existing Street Access: Yes Sanitary Sewer: Yes Purpose: The requested rezoning is to expand a number of allowed uses for the property formerly occupied by Menard's to help in the to-use of this unique commercial building. Property History: The parcel was originally developed for Menard's in the 1980's. The property was occupied by Menard's until 2002, when a new mega-store was constructed further west on U.S. Highway 20. · Physical Characteristics: The subject parcel has frontage on both U.S. Highway 20 and Menard Court. The property slopes generally to the north and east. Conformance with Comprehensive Plan: The subject property is within the existing built City and was designated on the 1995 Comprehensive Plan. Staff Analysis: Streets: Access to and from the site is by way of U.S. Highway 20 and Menard Court. The applicant proposes no changes to these accesses. Sidewalks: No change. PLANNED DISTRICT STAFF REPORT Page 2 Parking: There are 217 existing parking spaces provided in front of the existing commercial building. The proposed 12,000 square foot addition will eliminate 16 parking spaces. The applicant has been able to identify the provision of at least 35 additional parking spaces if needed to accommodate tenants of the existing building and proposed building addition. Planning staff believes that adequate off- street parking can be provided. Lighting: No change. Signage: The proposed sign regulations are based on the C-3 sign regulations of the Zoning Ordinance. However, additional wall-mounted signage has been allowed to accommodate the primary tenants typical sign package. Bulk Regulations: The proposed 12,000 square foot addition will be in compliance with bulk regulations established for the PUD. Permeable Area (%) & Location (Open Space): No change. Landscaping/Screening: No change. Phasing of development: None. Impact of Request on: Utilities: Existing water and sewer utilities are adequate to serve the existing site and the proposed addition. Traffic Patterns/Counts: The subject site has access to U.S. Highway 20 and Menard Court. U.S. Highway 20 is a principal arterial and carries approximately 25,000 vehicle trips per day. Menard Court is a short cul-de-sac and is estimated to carry approximately 4,000 vehicle trips a day. Public Services: Existing public services are adequate to serve the site. Environment: Staff does not anticipate any adverse impacts to the environment as the proposed addition is primarily taking place on property that is already occupied by paved surface. Adjacent Properties: The subject property has been used by Menard's for approximately the last 17 years generating a high volume of customer and truck traffic in and out of the store. The proposed re-use of the commercial building will not significantly alter the impact to adjacent properties. CIP Investments: None proposed. PLANNED DISTRICT STAFF REPORT Page 3 Staff Analysis: The applicants aro requesting rezoning of the subject property from C- 3 General Commercial to PUD Planned Unit Development with a PC Planned Commercial designation. The applicants are principally requesting the rezoning to a planned commercial designation to allow the re-use of the lower level of the former Menard's store for warehousing and to accommodate additional wall-mounted signage. The C-3 General Commercial district does not list warehousing as a permitted or conditional use. In addition, the applicants are proposing a 12,000 square foot addition on the west side of the building to accommodate an additional tenant or tenants. The applicants have a national retailer interested in the main floor of the existing building. The subject property was originally developed by Menard's for a home improvement center. The existing commercial building is unique in that it's on two levels with approximately 58,000 square foot on each level. Access to the lower level is by way of a driveway around the east side of the building. The property has one access to U.S. Highway 20, right-in/right-out and a second access onto Menard Court, which has a signalized intersection with U.S. Highway 20. These accesses will not change as part of the proposed rezoning or building addition. The existing parking lot is comprised of 217 off-street parking spaces. The proposed 12,000 square foot building addition will remove approximately 16 spaces along the wast side of the building. The applicant has identified; however, at least 35 additional parking spaces that can be provided within the existing parking lot with a minimum number of changes to the lot. Planning staff has reviewed with the applicant parking requirements for retail and warehouse-type uses and is comfortable that sufficient off- street parking can be provided as per the City Zoning Ordinance requirements. Planning staff recommended that the applicant pursue a PUD classification for the subject property as the commercial building is unique in its layout with having two levels. The lower level is not conducive to commercial retail activity because of its limited visibility from U.S. Highway 20. Planning staff believes that to ensure that this large commercial building is productively roused, the rezoning to PUD would provide the needed flexibility in terms of the allowed permitted uses to facilitate its rouse. Planning staff recommends the Zoning Advisory Commission review the approval criteda for Planned Unit Development districts. Prepared by:______________________ Reviewed:______________________ Date: 8/6/02 000 Dubuque, IA Hobby Lobby 000 Dubuque, IA FUTURE TENANT HOBBY LOBBY has a 66.7% pro rata share of the available area for the pylon sign Prepared by: Laura Caretens, City Planner Address: City Hall, 50 W. 13th St Telephone: 589-4210 ORDINANCE NO. 67-02 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT THE NORTHWEST CORNER OF U.S. HIGHWAY 20 AND NORTH CRESCENT RIDGE FROM C-3 GENERAL COMMERCIAL DISTRICT TO PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH PC PLANNED COMMERCIAL DISTRICT DESIGNATION AND ADOPTING A CONCEPTUAL DEVELOPMENT PLAN. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. 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 to PUD Planned Unit Development District with PC Planned Commemial District designation and adopting a conceptual development plan, a copy of which is attached to and made a part hereof, with conditions as stated below, to wit: Lot 1 of Lot 1 of Lot 3 and Lot 2 of Lot 1 of Lot 3 NE 1/4 of SW 1/4 Section 28 T89N-R2E, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. Pursuant to Iowa Code Section 414.5 (1993), and as an express condition of the reclassification, the undersigned property owner agrees to the following conditions, all of which the property owner further agrees are reasonable and imposed to satisfy the public needs that are caused directly by the zoning reclassification: A) Use Regulations. The following regulations shall apply to all land uses in the above- described PUD District: 1) All permitted, accessory and conditional and temporary uses allowed in the C-3 General Commercial District as established in Section 3-3.3 of the Zoning Ordinance 2) Warehousing and storage facilities. B) Lot and Bulk Regulations Development of land in the PUD District shall be as follows: · ORDINANCE NO. ____________ -02 Page 2 E) All buildings and structures located within this PUD District shall meet bulk regulations set forth in the Zoning Ordinance for the C-3 General Commercial District, Section 3-3.3(F). c) Performance Standards. The development and maintenance of uses in this PUD District shall be established in conformance with Section 3-5.5 of the Zoning Ordinance and the following standards: 1) Erosion control shall be provided during all phases of construction. 2) Parking requirements for allowed uses in the PUD District shall be as per the parking group for the designated use, in accordance with Section 4-2 of the Zoning Ordinance. 3) Adequate illumination shall be provided to areas used for vehicle and pedestrian circulation. New outdoor light fixtures shall be of a cut-off design and utilize a minimum of 90-degree luminaire. 4) Final site development plans shall be submitted in accordance with Section 4-4 of the Zoning Ordinance of the City of Dubuque, Iowa, prior to construction of any buildings, D)Open Space and Landscaping Open space and landscaping in the PUD District shall be regulated as follows: Those areas not designated on the conceptual plan for development shall be maintained as open space, as defined by Section 8 of the Zoning Ordinance, by the property owners and/or association. Siqn Regulations. Signs in the PUD District shall be regulated as follows: 1) The provision of Section 4-3 (Sign Regulations) of the Zoning Ordinance shall apply unless further regulated by this section. 2) Wall-Mounted Signs: a) Primary Tenant: 1)Total aggregate square footage: 400 square foot 2)Number of signs: unlimited 3)Below eave or parapet ORDINANCE NO.__________ -02 Page 3 b) Secondary Tenants: 1) Total aggregate square footage: 200 square foot 2) Number of signs: two per business 3) Below eave or parapet 3) Freestanding signs: a) Center Identification Sign 1) Total allowed square footage: 300 square foot 2) Maximum number: 1 3) Maximum height: 35 feet 4) Directional Signs: a) Primary/secondary tenants 1) Maximum size: 6 square feet 2)Maximum number: Unlimited 3)Maximum height: 10 feet 5)Lighting: Signs may be illuminated only by means of indirect lighting whereby all light sources and devices are shielded from view by opaque or translucent materials, or internally illuminated by means of a light source completely enclosed by the sign panel. 6)Motion: No signs may include any device or means, mechanical, electrical or natural, which shall cause motion of the sign panel or any part thereof. No flashing lights or changing colors shall be allowed. 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 pumhaser or lessee acknowledges awareness of the conditions authorizing the establishment of the PUD District. G) Reclassification of Subject Property. The City of Dubuque, Iowa, may initiate zoning reclassification proceedings to the C-3 General Commercial District in accordance with Section 6 of the Zoning Ordinance if the property owner fails to complete or maintain any of the conditions of this ordinance. ORDINANCE NO. ________ -02 Page 4 H) Modifications. Any modifications of this Ordinance must be approved by the City Council in accordance with zoning reclassification proceedings of Section 6 of the Zoning Ordinance. I) Recording. A copy of this ordinance shall be recorded at the expense of the property owner with the Dubuque County Recorder as a permanent record of the conditions accepted as part of this reclassification approval within ten (10) 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 Commission of the City of Dubuque, Iowa. Section 4. The foregoing amendment shall take effect upon publication, as provided by law. Passed, approved and adopted this 3rd day of September, 2002. _______________________ Terrance M. Duggan, Mayor ATTEST: ___________________________ Jeanne F. Schneider:, City Clerk F:\USERSWIELIN DA\VVP\COU NCIL\OR D/MENARDCT.doc ACCEPTANCE Of ORDINANCE NO. 67-02 We, Tom Luksetich and Steve Smith, representing Luksetich and Smith, LLC, property owners, having read the terms and conditions of the foregoing Ordinance No. ~ - 02 and being familiar with the conditions thereof, hereby accept the same and agree to the conditions required therein. Dated this 3 day of September, 2002. Tom Luksetich Steve Smith