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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 °o~/~'/o3 FRI 14:57 FAX RUBLOFF DE¥ GROUP HY-VEE ENGINEERING DEPT. [~002 PLANNING APPLICATION PORM Ct~ of Dubuque Planning ~¢¢i~ [)ep~rtynepr~ Phone: 563-5~9~210 F~; 563-589~22i nr~d D~st~a [~Minor R.~I Plat p~ease~ tv~ or Or|'/l'l; Iq!tll"l~lV [ri ink ~]CeJ't~c;~ce of EC~norr~c Non-Viabii]b/ [~Cer'~ficat. l~ of ApDropdsten~s Fax Num~n ~[~-- ~&7- Zg.~ .Mob~llUarNum~r: ~e info~Uan sub~ ~n m ~ and ~ ~ ~ ~ of my/~r ~ a ~ u~n subml~l ~ p~[[c 04/04/03 FRI 15:09 [TX/RX NO 5606] ~ 002 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