Loading...
Zoning 3925 Dodge Luksetich SmiPlanning Services Department 50 West 13th Stzeet Dubuque, Iowa 52001 (563) 589~10 office February 7,2003 The Honorable Mayor and City Council Members City of Dubuque City Hall - 50 W. 13th Street Dubuque IA 52001 RE: Rezoning Applicant: Tom Luksetich/Steve Smith Location: 3925 Dodge Street Description:To amend the PUD Planned Unit Development District to allow construction of a new 44,287 square foot building. 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 Steve Smith spoke in favor of the request, indicating that the amendment to the PUD would allow construction of a new building behind the former Menard's building for warehouse and wholesale businesses. Mr. Smith indicated that this request was in addition to the 12,000 square foot expansion previously approved. Staff reviewed the proposed PUD amendment is necessary as the proposed 44,000 square foot building is deemed a significant change from the existing conceptual plan. Staff noted the 50 parking spaces shown are adequate for the proposed warehouse use of the new building. There were no public comments. The Zoning Advisory Commission discussed the request, noting that the proposed building addition will not adversely impact adjacent property and is consistent with the previously approved PUD district Commissioners discussed access to the building from North crescent Ridge and maneuverability for semis with the parking shown on the conceptual plan. Commissioners also noted that the 12,000 square foot addition is not shown on the plan. Commissioners also discussed increased parking for other potential uses. Staff agreed that they would address these issues with the applicants during review of the site plan. Recommendation By a vote of 7 to 0, the Zoning Advisory Commission recommends that the City Council approve the request. Service People Integrity- Responslbi~ty innovation Teamwork The Honorable Mayor and City Council Members 3925 Dodge Street 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 PLANNTNG APPLICATION FORM C~e/of Dubuque Planning Services Department Dubuque, ~A 52001-4864 Phone: 563-589-4210 Fax: 563-589-4221 [] Vadance []Conditional Use Permit []Appeal []Special Exception []Umitecl Setback Waiver ~ezoning lanned DistTict []Preliminary Plat []Minor Fipal Plat []Text Amendment []Simple Site Ran []Minor Site Plan [] Major Site Plan [] Major Final Plat []Simple Subdivision []AnnexaUon []Temporary Use Permit []Ce~ficate of Economic Non-Viability []Certificate of Appmpriateneas []Other: Please type or print leaiblv in ink Address: 2~5 ,T~-I~-- ab/: J~.~~state:_..T~zip: Fax Number: ~'.~'~ - 0 ~'~ Mobile/Cellular Number: Applicant/Agent: "-'-' ~. ~r~' ~. Address: 2 :Z ~ ~ ,'~-. ~, ~, ab/: ~State: Mobile/Cellular Number: Fax Number: Site location/address: Exis'dng zoning: tO~-.~ Proposed zoning: ~ Historic District: /¢M//~) Landmark: ,~'./~ Legal Description (Sidwell parcel ][D~ or lot. number/block numberJsubdivision):. Total properq/(lot) area (square feet or acres): /~::~, ~._~ ~.~¢-/'¢ ~, Describe proposal and maSOn necessary (attach a letter of explanation, if needed): CERT~RCAT[ON: I/we, the undersigned, do hereby certify that: 1. The ir~orma§on submittal berein is true and correct to the bes~ of my/our knowledge and upon submittal becomes public record; 2. Fees are not refundable and payment does not guarantee approval; and 3. AIl additional re~,uired wdU~;~ma~rials am a~. Properb/Owner(s):/~/.~/~ Date: Applicant/Agent: Date: FOR OFFZCE USE ONLy - ApPL/CJYrZON SUBMZrrAL CHECKLZST []Site/sketch pl [] Conce~al'~ev;,ol~ Plan []Photo l--1TM 'Plat []Improvement plans []Design review project description []Floor plan ~-~Otber: Proposed Area to be Rezoned Applicant: Tom Luksetich/Steve Smith Location: 3925 Dodge Street Description: To amend the PUD PlannedUnit Development District to allow construction of a new 44,287 square foot building. REZONING STAFF REPORT Zoning Agenda: February 5, 2003 Property Address:3925 Dodge Street Property Owner:Tom Luksetich/Steve Smith Applicant:Tom Luksetich Proposed Land Use: Commercial/Warehouse Proposed Zoning: PUD/PC Existing Land Use: Commercial/Warehouse Existing Zoning: PUD/PC Adjacent Land Use:North - Vacant East - Vacant/residential South - Commercial West - Commercial Adjacent Zoning: North - CS East - C-3/R-2 South - C-3 West- C-3/CS Former Zoning:1934 - County AG; 1975 - AG 1985 - AG Total Area: 10.8 acres Property History: The property was formerly County agricultural property and was developed for a Menard's store in 1988. There is a small five-house subdivision on Oak Grove Drive directly east of the subject property that predates the Menard's Store. The Menard's Store moved to Highway 20 West in 2002, and the property was rezoned to a Planned Commercial district in August 2002 to accommodate additional warehouse and storage type uses. Physical Characteristics: The property is an approximately ten acre parcel that slopes from the high point at its southwest corner at the intersection of North Crescent Ridge and Dodge Street to its Iow point along the north property line. There is an existing 55,000 square foot, two level building on the lot. The property's has an approximately 200-space parking lot at the front of the commercial building that sits approximately 20 feet above the grade level of the rear portion of the property. Concurrence with Comprehensive Plan: The Comprehensive Plan makes no recommendations for this area. Impact of Request on: Utilities: Existing utilities are adequate to serve the site. Traffic Patterns/Counts: The IDOT 2001 average daily traffic counts indicate 32,100 vehicle trips per day on Dodge Street just east of the intersection of North Crescent Ridge, 29,500 vehicle trips per day on Dodge Street just west of the intersection with North Crescent Ridge, 4,990 vehicle trips per day along North REZONING STAFF REPORT Page 2 Crescent Ridge and 11,300 vehicle trips per day across Dodge Street on Crescent Ridge. Public Services: Existing public services are adequate to serve the site. Environment: Staff does not anticipate any adverse impact to the environment as the building will be built over a currently non-permeable parking area. Adjacent Properties: The subject parcel is bordered by vacant, commercial and residential property. The proposed 44,00 square foot building will be approximately 320 feet from the nearest residence on Oak Grove Drive. Primary access to the proposed building will be from North Crescent Ridge, therefore, the adjacent residential property should not be significantly impacted. CIP Investments: None proposed. Staff Analysis: The applicants were granted approval for a rezoning of this property from C-3 General Commercial to PC Planned Commercial on September 3, 2002. The rezoning permitted the former Menard's Store to be converted to a commercial building with warehousing and storage on the lower level. The applicants requested a rezoning to Planned Commercial primarily to allow the reuse of the lower level of the former Menard's Store for warehousing and to accommodate additional wall-mounted signage. The current PC allows all permitted and accessory uses in a C-3 General Commercial zoning district plus warehousing and storage facilities. The original conceptual plan for the PUD indicated reuse of the Menard's commercial space plus the construction of a 12,000 square foot addition on the south side of the building. The proposed addition was to be built to the west property line along North Crescent Ridge. Subsequently, the applicants were denied a variance from the Zoning Board of Adjustment to build the proposed addition along the lot line. The addition, therefore, has not been built. The applicants are proposing to amend their conceptual development plan to allow construction of a 44,000 square foot warehouse/storage building along the north property line in an area that was formerly outdoor storage for Menard's lumber yard. The conceptual development plan also indicates a 65-foot wide curb cut access from North Crescent Ridge Road to the proposed building, approximately 150 feet from the northwest corner of the property. There will be 51 parking spaces added at the rear of the lot between the proposed and existing buildings. The existing commercial building has two levels with 55,000 square feet on each level. A home dbcodhobby store occupies the upper level and a carpet wholesaledretailer occupies the lower level. Access to the lower level of the existing retail building is by a driveway around the east side of the building. The property has one access to U.S. Highway 20, right-in/right-out on a second access onto North Crescent Ridge, which has a signalized intersection with U.S. Highway 20. There is also an existing upper level parking lot serving the Hobby Lobby that has 217 off-street parking spaces. Planning staff has reviewed the parking requirements for retail and warehouse uses REZONING STAFF REPORT Page 3 and is comfortable that sufficient off-street parking has been provided for all uses on this property. Planning staff recommends the Zoning Advisory Commission review the approval criteria for a Planned Unit Development District. Prepared by: Reviewed: Date: Prepared by: Laura Camtens, City Planner Address: City Hall, 50 W. 13th St Telephone: 589-4210 ORDINANCE NO. 6-03 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY PROVIDING FOR THE AMENDMENT OF ORDINANCE 67-02, WHICH ADOPTED REGULATIONS FOR THE PUD PLANNED UNIT DEVELOPMENT WITH A PC PLANNED COMMERCIAL DESIGNATION FOR 3925 DODGE STREET. 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 and Ordinance No. 67-02 be amended by adopting a revised 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 I of Lot 3 NE % of SW N 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 (2001), 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: 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 Commemial Distdct 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: 1) 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). Ordinance No. -03 Page 2 c) D) E) 2) Structures within this PUD shall include: 115,200 sq. ft. main building (with potential for future 12,000 sq: ft. addition). 44,287 sq. ft. secondary building. Performance Standards The development and maintenance of uses in this PUD Distdct 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, pdor to construction of any buildings. Open Space and LandscepinR 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. SiRn Requlations. 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 Ordinance No. Page 3 -03 2) 3) Number of signs: unlimited Below eave or parapet F) G) b) Secondary Tenants: 1) 2) 3) Total aggregate square footage: 200 square foot Number of signs: two per business Below eave or parapet 3) Freestanding signs: a) Center Identification Sign 1) 2) 3) Total allowed square footage: 300 square foot Maximum number: 1 Maximum height: 35 feet 4) Directional Signs: a) Primary/secondary tenants 1) 2) 3) Maximum size: 6 square feet Maximum number: Unlimited 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. 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 purchaser or lessee acknowledges awareness of the conditions authorizing the establishment of the PUD District. Reclassification of Subiect 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. -03 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) RecordinR. 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. 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 17th day of February, 2003. ·Roy D. Buol, Mayor Pro-Tom Attest: Jeanne F. Schneider, City Clerk F:\USERS\MELINDA\WP\COUNClL\ORD\MENARDCT.doc ACCEPTANCE OF ORDINANCE NO. ~ -03 We, Tom Luksetich and Steve Smith, representing Luksetich and Smith, LLC, pro~oerty owners, having read the terms and conditions of the foregoing Ordinance No.~'-03 and being familiar with the conditions thereof, hereby accept the same and agree to the conditions required therein. Datedthis 13th day of February, 2003. /s/ Tom Luksetich /s/ Steve Smith