Zoning Theisens 2900 DodgePlanning Services Department
City Hall
50 West 13th Street
Dubuque, Iowa 52001-4864
(563) 589~210 office
(563) 5894221 fax
planning@cityofdubuque.org
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque IA 52001
RE: Rezoning
Applicant: Theisens Inc.
Location: 2900 Dodge Street
Description:To rezone property from C-3 General Commercial District to PUD Planned
Unit Development Distdct with a PC Planned Commercial zoning
designation.
April 8, 2003
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 rezoning wilt facilitate
expansion of the retail store by approximately 25,000 square feet.
Staff reviewed the surrounding zoning and land use. Staff noted that rezoning to Planned
Unit Development zoning is required for retail commercial buildings that exceed 60,000
square feet.
There were no public comments.
The Zoning Advisory Commission discussed the request, noting that the rezoning is
consistent with surrounding zoning and the change in zoning will not adversely impact
adjacent property.
Recommendation
By a vote of 7 to 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
PLANNING APPLICATION FORM
City of Dubuque
Planning Services Deparb-nent
Dubuque, :IA 52001-4864
Phone: 563~589-4210
Fax: 563-589-4221
[] Variance F-~Rezoning
E]Conditional Use Permit ~1~lanned Distdct
[]Appeal ['-JPreliminary Plat
I--ISpecial Exception []Minor Final Plat
[]Limited Setback Waiver ' []Text Amendment
r'-iSimple ~ Plan
[]Minor Site Plan
[] Major Site Plan
[] Major Final Plat
[]Simple Subdivision
Please tvoe or print leqibly in ink
Property owner(s): ~-~:z-~/~ ~z~.~Tl~ ~:~..._,~__,
Fax Number:
Applicant/Agent:
[]Annexation
E]Temporary Use Permit
[]Certificate of Economic Non-Viability
[]Certificate of Appropriateness
Mobile/Cellular Number:
~<;F-~T-_ro-~
Address: /~5-~<~S-c~-~$ b~. Oty: /~?~/J~
Fax Number: ~-~-~- ~'-~- ~/~ Mobile/Cellular Number:
Site location/address: ~'~z~ /~D/=~_ ~-T, ~/~u(7~'Zr.-
Phone: 5-m?- ~'~-
State: ~ Zip: ~--~"~
Existing zoning: Proposed zoning: Histodc District: Landmark:
Legal Description (Sidwell parcel ID# or 10t number/block number/subdivision):
Total pmparty (lot) area (square feet or acses):. ~ ~--~
Describe proposal .a~ reas~n ,~n~:~s?~,_(attach a letter ~_explanaU?, if needed):
CERTIFiCATION: I/we, the undersigned, do hereby certify that:
1. The information submitted herein is true and Correct to the best of my/our knowledge and upon
submittal becemes public record;
Fees are not refundable and payment does not guarantee approval; and
All additional required written and graphic materials are attached.
FOR OFF~CE USE ONLY - APPLZ, C~AT~ON SUBNIz ~ I AL CHECKLZST
I--]Site/sketch plan [] Conceptual Deve~pment Plan []Photo []Plat
[]Improvement plans []Design review project descrip~on []Floor plan []Other:
Proposed Area to be Rezoned
Applicant: Theisens Inc.
Location: 2900 Dodge Street
Description: To rezone property
from C-3 General Commercial
District to PUD Planned Unit
Development District with a PC
Planned Commercial zoning desig-
nation.
N
LOT 2 OF LOT '1 OF "HARWOOD PLACE." 3,2:~ ACRE8 AND LOT 2 OF'HARWOOD PLACE." 1,33:~t, ORES: / r~
LEGEND
ENGll-IEERING, Ltd.
nlcipa[ Engineer~ m~d Blfikling Design
PROPOSED ADDITION
DUBUQUE, IOWA
REZONING STAFF REPORT Zoning Agenda: April 2, 2003
Property Address:2900 Dodge Street
Property Owner:Theisen's, Inc.
Applicant:Epic Construction
Proposed Land Use: Commercial
Proposed Zoning: PUD/PC
Existing Land Use: Commercial
Existing Zoning: C-3
Adjacent Land Use:
North- Commercial/residential
East - Vacant/commercial
South - Residential
West - Commercial
Adjacent Zoning: North -C-3
East - R-1/C-3
South - R-1
West- C-3
Former Zoning:
1934 - County AG; 1975 - C-3; 1985 - C-3
Total Area:
Property History: The property remained primarily vacant AG land that was
subsequently annexed to the City and developed as Theisen's retail store in 1977.
Physical Characteristics: The property is an approximately 6.5 acre lot that consists of
a level building and parking pad. The property to the west and south sits higher than
the subject lot and is terraced with an existing stone retaining wall. The property to the
east drops steeply into the Catfish Creek drainage. The property to the north is the
Dodge Street right-of-way that sits below the subject property and is terraced with a
stone retaining wall. There is a single access to the property to Dodge Street.
Drainage from the property flows primarily to the east over vacant ground into Catfish
Creek drainage.
Concurrence with Comprehensive Plan: The Comprehensive Plan designates this
area for commercial use. The Comprehensive Plan's Land Use and Urban Design
Goals encourage opportunities for convenient and concentrated commercial
development to support both the local and regional market.
Impact of Request on:
Utilities: Existing utilities are adequate to serve the site.
Traffic Patterns/Counts: IDOT 2001 annual average daily traffic counts indicate
33,400 vehicle trips per day along Dodge Street east of Theisen's at the Devon
Drive intersection and 31,300 vehicle trips per day along Dodge Street just west of
REZONING STAFF REPORT
Page 2
Theisen's entrance. The proposed expansion should generate little additional
traffic at this access point.
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 and storm water control is provided during all
phases of development. No additional area will be hard surfaced.
Adjacent Properties: The proposed 23,750 square foot addition to be built at the
southeast corner of the lot will be approximately 35 feet from the rear property line
and 40 feet from an existing single-family residence. Property to the west and
north is Dodge Street right-of-way and commercial property. Property to the east,
while zoned R-l, is a steep wooded drainage not likely to be developed.
CIP Investments: None proposed.
Staff Analysis: The applicant is proposing to construct a 23,750 square foot addition
at the west side of the main Theisen's building on the southwest corner of the property.
4,800 square feet of an existing 10,000 square foot detached storage building will be
removed to accommodate the northwest corner of the addition. The remainder of the
storage building will be adjoined to the addition with a proposed covered walkway. The
existing retail building is 55,295 square feet, and with the proposed addition, will total
79,000 square feet. Zoning Ordinance regulations require that any big box retail
development in excess of 65,000 square feet be zoned PUD Planned Unit
Development. Therefore, Theisen's is required to rezone their newly configured retail
building to PUD with PC Planned Commercial designation. As part of the expansion,
the parking lot will be reconfigured and the amount of spaces will be increased from
187 standard and 6 handicapped to 208 standard with 7 handicapped. Current parking
standards require four parking spaces per 1,000 square feet of retail space. Theisen's
has proposed 3.2 parking spaces per 1,000 square feet. Theisen's has proposed a
gravel display area at the northeast corner of the property that will accommodate both
short and long-term bulk storage. The access driveway to Highway 20 will not be
altered.
Staff recommends the Zoning Advisory Commission review the criteria for granting a
rezoning.
Prepared by: Reviewed: Date:
Prepar~l by: Laura Camtens, City Planner Address: City Hall, 50 W. 13th St Telephone: 589-42¶0
ORDINANCE NO. 35 -03
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE
CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER
DESCRIBED~PROPERTY LOCATED AT 2900 DODGE STREET 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
~r~l;~e~r.-~e ;e h~r~ht~ ~rt, t=~r~r{=~l hr/ rar, l:aeeif~inn fh~= har~ain~d:tar rle.~.riha, d ~r~erh~ fr_frDm C.3
General Commercial District to PUD Planned Unit Development District with PC Planned
Commercial 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 2 of Lot 1 of Harwood Place, Lot 2 of Harwood Place, Lot 2 of Lot 1 of Lot 1 of
Mineral Lot 237, Lot 3 of Mineral Lot 243, Lot 2 of Lot 2 of Mineral Lot 237, Lot 2 of
Mineral Lot 239, Lot 2 of Tri-Co, Inc. Place No. 1, Lot 2 of Tri-Co, Inc. Place No. 2, and
Jody's Place in Block 1 of Plaza 20, all located in Section 27, T89N, R2E of the 5a
Principal Meridian, City of Dubuque, County of Dubuque, Iowa, 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 satis~ the public
needs that are caused directly by the zoning reclassification: _.
Use Re,qulafions.
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
B) Lot and Bulk Re,qulations
Development of land in the PUD District shall be as follows:
Ordinance No.
Page 2
All buildings and structures located within this PUD Distdct 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 adopted conceptual plan.
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.
E)Sign Regulations.
Signs in the PUD District shall be regulated as follows:
1)The provisions of the C-3 General Commercial District sign regulations
(Section 4-3.11) ofthe Zoning Ordinance shall apply unless further
regulated by this section.
2)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.
3)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.
Ordinance No. - 03
Page 3
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 purchaser or lessee
acknowledges awareness of the conditions authorizing the establishment of the
PUD District.
G) Reclassification of Subject Prooertv.
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.
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 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.
ATTEST:
Passed, approved and adopted this 21st day of April, 2003.
Terrance M. Duggan, Mayor
Jeanne F. Schneider, City Clerk
ACCEPTANCE OF ORDINANCE NO. 35-03
I, Leo A. Theisen, representing Theisen Building Company, Inc. property owner,
having read the terms and conditions of the foregoing Ordinance No. 35 -03 and being
familiar with the conditions thereof, hereby accept the same and agree to the conditions
required therein. _
Dated this 15 day of April, 2003.
/s/ Leo A. Theisen