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