Zoning Asbury Pl Rubloff HyVeePlanning Services Department
City Hall
50 West 13th Street
Dubuque, Iowa 520014864
(563) 589-4210 office
(563) 5894221 fax
planning@cityofdubaque.org
May 12, 2003
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque IA 52001
RE: Amend Planned Unit Development
Applicant: Hy-Vee lnc./Rubloff Development Group, Inc.
Location: Asbury Plaza Shopping Center
Description: To amend the list of permitted uses for the Asbury Plaza Planned
Commercial District.
Dear Mayor and City Council Members:
The City of Dubuque Zoning Advisory Commission has reviewed the above-cited request.
The application, memorandum and related materials are attached for your review,
Discussion
The applicant spoke in favor of the request stating that the amendment will allow Hy-Vee
to build a new convenience store/gas station/car wash on the out lot near the new right-
in/right-out entrance to Asbury Plaza.
Staff reviewed the existing list of permitted uses for Asbury Plaza, and noted that the car
wash and gas station are customarily permitted uses in a regional shopping center.
There were no public comments.
The Zoning Advisory Commission discussed the request, noting that the proposed
amendment is consistent with the existing adopted PUD and existing businesses will not
be adversely impacted by the proposed gas station/car wash.
Recommendation
By a vote of 6 to 0, the Zoning Advisory Commission recommends that the City Council
approve the request.
A simple majodty vote is needed for the City Council to approve the request.
Respectfully submitted,
Eugene Bird, Jr., Chairperson
Zoning Advisory Commission
Attachments
cc: Mike Koch, Public Works Director
04/04/03 15:08 FAX 81S 398 5971
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Proposed Area to be Rezoned
City Boundary
Applicant: Hy-Vee Inc./Rubloff Development Group, inc.
Location: Asbury Plaza Shopping Center
Description: To amend the list of permtited uses for the Asbury Plaza
Planned Commercial District.
MEMORANDUM
April 30, 2003
TO:Zoning Advisory Commission
FROM:Kyle L. Kritz, Associate Planner
SUBJECT: Asbury Plaza Planned Commercial District Proposed Amendment to List of
Permitted Uses
INTRODUCTION
The Asbury Plaza Planned Commercial Distdct was approved by the City Council on
January 15, 1996. As part of the approval, an ordinance was adopted that regulated the
allowed uses, lot and bulk regulations, signage, landscaping and access. Asbury Plaza
was amended in May of 1999 to add approximately 107 acres to the original PUD and
brought the total acreage of ^sbury Plaza to approximately 190 acres. The list of
permitted uses was also modified in 1999 as part of the amendment to Asbury Plaza.
Within Asbury Plaza, a service/warehouse zone was established that allowed for a
mixture of business services and warehousing-type uses similar to the CS Commercial
Service and Wholesale District within the City's Zoning Ordinance.
The new owners of Asbury Plaza, Rubloff Development Group, Inc., is now requesting
that the list of permitted uses for the retail sales portion of Asbury Plaza be amended to
allow car washes and gas stations as permitted uses. Asbury Plaza is considered to be
a regional shopping center. A regional shopping center provides a wide range of retail
and service opportunities to the general public. Attached to this staff report is a copy of
the ordinance adopted in 1999 that lists the principal permitted uses for both the retail
sales portion of Asbury Plaza and the service and warehouse portion. The existing list
of permitted uses does include some auto-oriented uses, specifically auto sales and
service, and auto service centers. The applicants are requesting that this list of
permitted uses be amended to allow automated gas stations and car washes. The
applicants also requested that convenience store be added as a permitted use.
Planning staff would note that retail sales/service is already a listed use and that a
convenience store would fall under this category.
The addition of automated gas station and car wash is not anticipated to adversely
impact adjacent property because of the already wide range of commercial and service
uses allowed in the Asbury Plaza PUD. The addition of these land uses would provide
Memo to the Zoning Advisory Commission
Asbury Plaza Planned Commercial District Amendment
April 30, 2003
Page 2
further convenience for customers shopping at Asbury Plaza, and is not out of character
for large regional shopping areas to provide these types of land uses or services.
RECOMMENDATION
Planning staff recommends that the Zoning Advisory Commission review Section 3-5.5
of the Zoning Ordinance that establishes criteria for the review of planned unit
developments.
KK/mkr
Attachments
Prepared by: Laura Carst~ns, City Planner Address: City Hall, 50 W. 13th St Telephone: 589-4210
ORDINANCE NO. 41-03
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE
CITY OF DUBUQUE CODE OF ORDINANCES HEREINAFTER DESCRIBED
PROPERT¥~LOCATED AT THE NORTHWEST CORNER OF ASBURY ROAD AND
THE NORTHWEST ARTERIAL TO AMEND ORDINANCE NO. 44-99 THAT
ESTABLISHED THE PUD PLANNED UNIT DEVELOPMENT DISTRICT FOR ASBURY
PLAZA AND ADOPTING AN AMENDED LIST OF PERMITTED USES.
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 providing for the amendment of Ordinance No. 44-99,
which adopted regulations for the Asbury Plaza Planned Unit Development Distdct for
hereinafter described property, as shown in Exhibit A 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 Re.qulations.
The following regulations shall apply to all land uses in the above-described PUD
District:
1)
Principal permitted uses for the retail sales portion of Asbury Plaza shall
be limited to:
a)
b)
c)
d)
e)
f)
g)
h)
i)
J)
k)
Regional shopping center
Retail sales/service - [17].
Indoor restaurant - [20].
Drive-in/carry-out restaurant - [28].
General offices - [14].
Indoor recreation - [37].
Outdoor recreation - [37].
Auto sales and service - [38].
Auto service centers - [34].
Automated gas station - [18],
Self-service car wash - [8].
Ordinance No. - 03
Page 2
F)
G)
H)
I)
I) Full-service car wash - [8].
2)
Principal permitted uses for the service/warehouse portion of Asbury
Plaza shall be limited to:
a)
b)
c)
d)
e)
f)
g)
h)
i)
J)
k)
Business services - [29].
Office supply - [19].
Lumberyards/building material sales - [19]~
Construction supplies, sales and service - [19].
Moving/storage facilities - [33].
Contractor shop/yard - [33].
Wholesale sales/distributor - [29].
Freight transfer facilities -[44].
Agricultural supply sales - [19].
Mini-warehousing - [47].
Landscaping services (not including retail sales as primary use) -
[29].
3)
Accessory uses shall include any use Customarily incidental and
subordinate to the principal use it serves.
4)
Temporary use shall be limited to the following:
Any use listed as a permitted use within the PUD District of a limited
duration as established in Section 2-5.3 and as defined in Section 8 of the
City of Dubuque Zoning Ordinance.
[ ] Parking group - see Section 4-2 of the Zoning Ordinance.
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.
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.
Recordin.q.
Ordinance No.
Page 3
- O3
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
Corfimission 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 19th day of May 2003.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
ACCEPTANCE OF ORDINANCE NO. 41-03
I, Mark Vondrak, representing Rubioff Development Group, Inc. property owner,
having read the terms and conditions of the foregoing Ordinance No. 41 -03 and being
familiar with the conditions thereof, hereby accept the same and agree to the conditions
required therein.
Dated this 16th day of June, 2003.
Mark Vondrak