Request to Rezone 3049 Asbury Road - Traditional Zoning Request_HearingCity of Dubuque
City Council Meeting
Public Hearings # 1.
Copyrighted
May 17, 2021
ITEM TITLE: Request to Rezone 3049 Asbury Road - Traditional Zoning Request
SUMMARY: Proof of publication on notice of public hearing to consider approval of a
request from Drew Siegert to rezone property located at 3049 Asbury
Road from C-2 Neighborhood Shopping Center to C-3 General
Commercial, and Zoning Advisory Commission recommending
approval.
ORDINANCE Amending Title 16 of the City of Dubuque Code of
Ordinances, Unified Development Code, by reclassifying hereinafter
described property located at 3049 Asbury Road from C-2
Neighborhood Commercial Shopping Center District to C-3 General
Commercial District with conditions as established in the attached
Memorandum of Agreement
SUGGESTED Suggested Disposition: Receive and File; Motion B; Motion
DISPOSITION:
ATTACHMENTS:
Description
Type
Staff Memo
Staff Memo
Ordinance
Ordinance
Memorandum of Agreement
Supporting Documentation
Application
Supporting Documentation
Vicinity Map
Supporting Documentation
Staff Report
Supporting Documentation
Zoning District Comparison
Supporting Documentation
Public Input
Supporting Documentation
Suggested Motion Wording
Supporting Documentation
Planning Services Department
Dubuque
City Hall
THE COF
50 West 13t" Street;!!,
Dubuque, IA 52001-4864
DUi!BE
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(563) 589-4210 phone
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(563) 589-4221 fax
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Masterpiece an the Mississippi
2017*2019
planning@cityofdubuque org
May 11, 2021
The Honorable Mayor and City Council Members
City of Dubuque
City Hall — 50 W. 131" Street
Dubuque IA 52001
Applicant: Drew Siegert
Location: 3049 Asbury Rd.
Description: Rezone property from C-2 Neighborhood Shopping Center to C-3 General
Commercial to allow for manufacturing and packaging of chocolate
Dear Mayor and City Council Members:
The City of Dubuque Zoning Advisory Commission has reviewed the above -cited
request. The application, staff report, MOA and related materials are attached for your
review.
Discussion
The applicants spoke in favor of the request, noting that they have experienced
increased demand for their products and intend to discontinue retail sales of chocolate
and utilize the entire building for production. They stated that conversion of the
business to production will eliminate the retail traffic and reduce the amount of truck
traffic. They said that they do not intend to use the building for any other commercial
purposes.
Two neighboring property owners expressed concerns with truck traffic along Judson
Drive, the potential impact on property values and the compatibility of some of the uses
permitted in the C-3 district with adjacent residential development. A representative of
Greater Dubuque Development Corporation spoke in favor of the request noting the
history and importance of the Betty Jane brand.
Staff reviewed the staff report, noting the property's zoning and development history,
surrounding land use and the uses permitted in both the C-2 and C-3 districts.
Commissioners discussed the request noting their support for the applicant's request
but expressing concerns with the potential impacts of many of the uses allowed in the
C-3 district that they felt may not be compatible with the surrounding residential
properties. Commissioners decided to condition the rezoning by striking 15 of the more
intense commercial uses from the list of uses permitted in the C-3 district.
Service People Integrity Responsibility Innovation Teamwork
The Honorable Mayor and City Council Members
Page 2
Recommendation
By a vote of 5 to 0, the Zoning Advisory Commission recommends that the City Council
approve the request with the condition that: Bar or tavern, Car wash full service, Car
wash self service, Construction supply sales or service, Contractor shop, Gas station,
Hotel, Mini warehouse, Mobile or manufactured home sales or service, Mortuary or
funeral home, Private club, Service station, Vehicle body shop, Vehicle sales or rental
and Vehicle service or repair be struck from the list of permitted uses in the C-3 district.
A simple majority vote is needed for the City Council to approve the request.
Respectfully submitted,
Martha Christ, Chairperson
Zoning Advisory Commission
Attachments
cc: Tom & Lynn Siegert, 539 W. Heller, East Dubuque, IL 61025
Service People Integrity Responsibility Innovation Teamwork
Doc ID: 010739650005 Type: GEN
Kind: ORDINANCE
Recorded: 05/20/2021 at 08:57:00 AM
Fee Amt: $27.00 Paqe 1 of 5
Dubuque County Iowa
John Murphy Recorder
File2021-00008125
Prepared by: Wally Wernimont, City Planner Address: City Hall, 50 W. 13th St Telephone: 589-4210
Return to: Adrienne Breitfelder, City Clerk Address: City Hall- 50 W. 13th St Telephone: 589-4121
ORDINANCE NO. 19-21
AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF
ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED AT 3049 ASBURY ROAD FROM C-2
NEIGHBORHOOD COMMERCIAL SHOPPING CENTER DISTRICT TO C-3 GENERAL
COMMERCIAL DISTRICT WITH CONDITIONS AS ESTABLISHED IN THE ATTACHED
MEMORANDUM OF AGREEMENT.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of Ordinances, the Unified
Development Code, is hereby amended by reclassifying the hereinafter -described property
from C-2 Neighborhood Commercial Shopping Center District to C-3 General Commercial
District with conditions, to wit:
Lot 1 of "Vorwald Place No.2" in the City of Dubuque, Iowa, according to the
recorded plats thereof, subject to easements of record and to the centerline of the adjoining
public right-of-way, all in the City of Dubuque, Iowa.
Section 2. That the foregoing amendment has heretofore been reviewed by the
Zoning Advisory Commission of the City of Dubuque, Iowa.
Section 3. This Ordinance shall take effect immediately upon publication, as
provided by law.
Passed, approved and adopted this 17th day I
May, 2021.
/t4 N /6"_�
Roy D. ol, Mayor
Attest:
I __ _': __ j__ __ __ -'). L �� �
Trish L. Gleason, Assistant City Clerk
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0 DBG City Clerk
CERTIFICATE of the CITY CLERK
STATE OF IOWA )
SS:
COUNTY OF DUBUQUE )
I, Adrienne N. Breitfelder, City Clerk, do hereby certify that I am the duly appointed,
qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such
City Clerk, I have in my possession or have access to the records of the proceedings of
the City Council. I do further state that the hereto attached Ordinance No. 19-21 is a
true and correct copy of the original.
In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque,
Iowa.
Dated at Dubuque, Iowa, on this 19th day of May, 2021.
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Adrienne N. Breitfelder, 6ity Clerk
Pursuant to the Iowa Code Section 414.5, and as an express condition of rezoning of
the property located at 3049 Asbury Road and legally described as:
Lot 1 of "Vorwald Place No.2" in the City of Dubuque, Iowa, according to the
recorded plats thereof, subject to easements of record and to the centerline of
the adjoining public right-of-way, all in the City of Dubuque, Iowa
which is the subject of Ordinance No. 19 -21, a copy of which is attached hereto and
incorporated herein by reference, the undersigned property owner(s) agree(s) to the
following conditions, all of which the property owner(s) further agree(s) are reasonable
and are imposed to satisfy public needs which are caused directly by the rezoning:
A) Conditions:
1) That the list of permitted uses shall be limited to:
1. Agricultural supply sales,
2. Animal hospital or clinic,
3. Artist studio,
4. Auditorium or assembly hall,
5. Bakery (wholesale or commercial),
6. Bank, savings and loan, or credit union,
7. Barber or beauty shop,
8. Business Services,
9. Dental or medical lab,
10. Department store (60,000 square feet maximum),
11. Farm implement sales or service,
12. Furniture upholstery or repair,
13. General office,
14. Grocery store,
15. Indoor amusement arcade,
16. Indoor recreation facility,
17. Indoor restaurant
18. Indoor theater,
19. Laundry, dry cleaner or laundromat,
20. Licensed childcare center
21. Medical office,
22. Moving or storage facility,
23. Museum or library,
24. Neighborhood shopping center,
25. Parking structure,
26. Pet daycare or grooming,
27. Photographic studio,
28. Place of religious exercise or assembly,
29. Printing or publishing,
30. Public or private parks, golf courses, or similar natural recreation area,
31. Railroad or public or quasi -public utility, including substation,
31. Residential use above the first floor only,
32. Restaurant, drive in or carry out,
33. Retail sales and service,
34. School of private instruction,
35. Tattoo parlor,
36. Tour home,
37. Vending or game machine sales or service,
38 Wholesale sales or distributor and,
B) Reclassification of the Subject Property. The City of Dubuque, Iowa may initiate
zoning reclassification proceedings to the C-2 Neighborhood Shopping Center
District if the property owner fails to complete any of the conditions or provisions
of this Agreement.
C) Modifications. Any modifications of this Agreement shall be considered a zoning
reclassification and shall be subject to the provisions of the Title 16, Unified
Development Code, governing zoning reclassifications. All such modifications
must be approved by the City Council of Dubuque, Iowa.
D) Recording. A copy of this Agreement shall be recorded with the Dubuque
County Recorder as a permanent record of the conditions accepted as part of
this rezoning approval within ten (10) days of the adoption of Ordinance No. 19 -
21.
E) Construction. This Agreement shall be construed and interpreted as though it
were part of Title 16 of the City of Dubuque Code of Ordinances, Unified
Development Code.
F) This Agreement shall be binding upon the undersigned and his/her heirs,
successors and assignees.
1, Lynn A. Siegert, representing Lynn Siegert Building, L.L.C, having read the terms and
conditions of the foregoing Ordinance No. 19 -21 and being familiar with the
conditions thereof, hereby accept this same and agree to the conditions required
therein.
Dated in Dubuque, Iowa this day of. 14 2021.
Lynn Siegert Building, L.L.C, a single member limited liability company
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By: 11"Lizil—Va.),
Lynri A. Siegert, member
On this day of 2021 before me, a Notary Public, in and for said
state, personally appeaied,,Lyr�n A. Siegert, to me known to be the person named in and
who executed the foregoing instrument and acknowledged that they executed the same
as their voluntary act and deed. 7 A.LAXZA LAKE
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Notary Pubid in the State of Iowa
My Commission expires:
Dubuque
THE CITY OF
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20°0.2017
Masterpiece on the Mississippi
PLANNING APPLICATION FORM
❑Variance
❑Preliminary Plat
❑Simple Subdivision
❑Conditional Use Permit
❑Major Final Plat
❑Text Amendment
❑Appeal
❑Minor Final Plat
❑Temporary Use Permit
❑Special Exception
❑Simple Site Plan
❑Annexation
❑Limited Setback Waiver
❑Minor Site Plan
[]Historic Revolving Loan
[Rezoning/PUD/ID
❑Major Site Plan
❑Historic Housing Grant
Please tune or print leciibly in ink
City of Dubuque
Planning Services Department
Dubuque, IA 52001-4845
Phone:563-589-4210
Fax: 563-589-4221
tannin ci ofdubu ue.or
❑Certificate of Appropriateness
❑Advisory Design Review (Public Projects)
❑Certificate of Economic Non -Viability
❑Historic Designation
❑Demolition
❑Port of Dubuque /Chaplain Schmitt Island
Design Review
Property owner(s): 1 6r1 ' L-,,nn .�G('i _ _.Phone:
Address: s3 Or I City:, C . _ State: L Zip: t 6 a
Fax # -. NIA Cell ##: Sr6r3—��/y y�C�'-1 E-mail:
Applicant/Agent: _ �( �J �' �� Phone: d-Ll %0
Address: &0 C (re-1. c.-�°'d( C City. State: Zip: f�csD 3
Fax : NIA Cell s-)_L/ 7 cy E-mail: CL- aJe a
Site location/address: 30441 a-J". Neighborhood Association:
C,,.,,., Existing zoning: i d� Proposed zoning: District: �a c�'�� / 00" Landmark: ❑ Yes CRNo
Legal Description (Sidwell parcel ID# or lot number/block number/subdivision): 10 a '� / 9 O o D 1
Total property (lot) area (square feet or acres): 0, 8 � 4C ce
Describe proposal and reason necessary (attach a letter of explanation, if needed): 4-6
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CERTIFICATION: I/we, the undersigned, do hereby certify/acknowledge that:
1. It is the property owner's responsibility to locate property lines and to review the abstract for easements and restrictive
covenants.
2. The information submitted herein is true and correct to the best of my/our knowledge and upon submittal becomes public
record;
3. Fees are not refundable and payment sloes not guarantee approval; and
4. All additional required written and graphic materials are attached.
Property Owner(s): Date: _ S/.z`3 0-2- I
Applicant/Agent: Date:
FOR OFFICE USE ONLY — APPLICATION SUBMITTAL CHECKLIST
$467 Jane Glennon 4/1/2021
Fee: Received by: Date: Docket:
Check 8422
From: Andrew Siegert<andrewsiegert@bettyianecandies.com>
Sent: Thursday, March 25, 2021 12:35 PM
To: Guy Hemenway <Ghemenwa@cityofdubugue.org>; Tom Seigert <dbgdigger@aol.com>
Subject: Re: Betty Jane Candies
Thanks for the response Guy, I talked to my dad (copied here) and he told me you had requested a brief
description of what we had in mind.
We're a very light manufacturing facility in the sense that we don't create waste or release anything into
the air.
Basically what we do is boil raw materials (milk/sugar etc) to make caramel centers and then we have a
conveyor line that covers that in chocolate.
Then we package those items here for our own stores as well as our wholesale clients.
We're having trouble keeping up with demand so what we wanted to do was just add a 2nd chocolate
coating line to increase our product output. This is a series of conveyors that deposit chocolate on the
items and cool them.
The issue is these things are 116" long so in order to add another one, we would need to move the retail
store to another location.
Thank you for your time and please let us know what you think!
Thanks.
Drew Siegert
President, Betty Jane Homemade Candies Inc.
PH: 563-582-4668 toll free 1-800-642-1254
FAX:563-582-2150
www.bettVaanecandies.com
www.facebook.com/bettvianecandies
http://Pinterest.com/bettyianecandy
twitter.com/BettyJaneCandie
People Magazine pick, top culinary gift in Iowa!
One of the best chocolate shops in America -Taste of Home Magazine
NOTE: Unless otherwise indicated or obvious from the nature of this transmittal, the
information contained in this transmission is confidential. This transmission is intended for the
exclusive use of the named recipient. If you are not the named recipient, or the employee or
agent responsible to deliver it to the named recipient, you are hereby notified that any use,
copying, disclosure, dissemination, or other distribution of the information transmitted
herewith is strictly prohibited and you may be subject to legal restrictions or sanctions. If you
have received this communication in error or are not sure whether it is confidential, please
immediately notify us by telephone at 1-800-642-1254; and return the original message to us at
the above address or destroy all copies. Thank you.
From: Andrew Siegert<andrewsiegert@bettyianecandies.com>
Sent: Tuesday, March 23, 2021 2:45 PM
To: Guy Hemenway <Ghemenwa@cityofdubugue.org>
Subject: Betty Jane Candies
Hello Guy!
We have been very lucky to have experienced record growth in this weird year and we need to increase
our production capacity to keep up with demand.
Our current plan is to move the retail portion of the business offsite from the 3049 Asbury rd location
and then renovate the building to be all manufacturing.
The issue is we need to fit a 2nd chocolate line in here, which is about 110' long and we currently only
have 95' of linear space in the section of the bldg I need to install it.
I was wondering if we could get permission to add on a small addition on the front of the building, just
extend the one side out to make it even with the neighboring building front.
This should allow us the length we need to fit that 2nd chocolate line.
It would about a 25' bump out into the front parking lot, roughly 15' wide.
I've included a satellite image with the proposed addition for you.
Please let me know, thanks!
Thanks.
Drew Siegert
President, Betty Jane Homemade Candies Inc.
PH: 563-582-4668 toll free 1-800-642-1254
FAX:563-582-2150
www.bettymanecandies.com
www.facebook.com/bettyianecandies
http://Pinterest.com/bettylanecandy
twitter.com/BettyJaneCandie
People Magazine pick, top culinary gift in Iowa!
One of the best chocolate shops in America -Taste of Home Magazine
NOTE: Unless otherwise indicated or obvious from the nature of this transmittal, the
information contained in this transmission is confidential. This transmission is intended for the
exclusive use of the named recipient. If you are not the named recipient, or the employee or
agent responsible to deliver it to the named recipient, you are hereby notified that any use,
copying, disclosure, dissemination, or other distribution of the information transmitted
herewith is strictly prohibited and you may be subject to legal restrictions or sanctions. If you
have received this communication in error or are not sure whether it is confidential, please
immediately notify us by telephone at 1-800-642-1254; and return the original message to us at
the above address or destroy all copies. Thank you.
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City of Dubuque'
Applicant: Drew Siegert
Location: 3049 Asbury Rd
Proposal: To rezone the property from
C-2 Neighborhood Shopping Center
to C-3 General Commercial.
Subject Property
DISCLAIMER: This information was compiled using the
Dubuque Area Geographic Information System (DAGIS), which
includes data created by both the City of Dubuque and
Dubuque County. It is understood that, while the City of
Dubuque and participating agencies utilized the most current
and accurate information available, DAGIS and its suppliers do
not warrant the accuracy or currency of the information or data
contained herein. The City and participating agencies shall not
be held liable for any direct, indirect, incidental, consequential,
punitive, or special damages, whether foreseeable or
unforeseeable, arising out of the authorized or unauthorized
use of this data or the inability to use this data or out of any
breach of warranty whatsoever.
N
A
1:3,000
REZONING STAFF REPORT Zoning Agenda: May 6, 2021
Property Address: 3049 Asbury Road
Property Owner: Drew Siegert
Applicant: Same
Proposed Land Use: Food processing
Existing Land Use
Adjacent Land Use
Former Zoning
Retail Sales/Food Processing
Proposed Zoning: C-3
Existing Zoning: C-2
North — Commercial/Residential Adjacent Zoning: North — OR/C-2
East — Commercial/Residential East — C-2/R-1
South — Residential
West — Residential
1934 — LBA
1985 — C-2
South — R-1
West — R-3/R-1
Total Area:.86 Acres
Property History: The subject property was rezoned to Local Business A prior to 1975
and a commercial building built here in 1966. Subsequent to the rezoning, the building
has served as a pharmacy, auto parts store and, in 1995, the property was redeveloped
as a retail candy store. In 1994 the property was rezoned from C-2 Neighborhood
Commercial Shopping Center district to C-3 General Commercial district with
conditions. This rezoning was undertaken to allow retail sales and service, which was
not permitted in the C-2 district at the time. In 1995, the property was rezoned back to
C-2 as the Zoning Ordinance was amended to include retail sales as a permitted use.
In 1995 the business was granted a Conditional Use Permit from the Zoning Board of
Adjustment allowing a carry -out ice cream store. The property has continued as a retail
store with food processing accessory to the sales until the present.
Physical Characteristics: The subject property is a relatively level .86-acre corner lot
located at the intersection of Asbury Road and Judson Drive in a mixed -use
neighborhood. The lot accommodates an approximately 13,000 square foot single -
story commercial building with a 28-space parking lot taking access from two driveways
along Judson Drive.
Concurrence with Comprehensive Plan: The Comprehensive Plan goals promote
infill and mixed -use development. The goals also recommend buffering non -compatible
uses from each other. The City's 2030 Future Land Use Plan identifies this area as
commercial.
Impact of Request on:
Rezoning Staff Report — 3049 Asbury Road Page 2
Utilities: The building is adequately served by both City water and sanitary sewer.
Traffic Patterns/Counts: 2017 Iowa Department of Transportation traffic counts indicate
over 16,000 vehicle trips per day along Asbury Road just west of the subject property
and 13,400 vehicle trips per day along Asbury Road just east of the subject property.
There are no traffic counts available for Judson Drive. The amount of traffic generated
by the uses permitted in the C-3 General Commercial district should have little impact
on the overall traffic volume along the adjacent roadways, however, truck traffic and
loading and unloading of product is somewhat constrained on this site and may cause
traffic congestion.
Public Services: Public services are adequate to serve the site regardless of how it
may be redeveloped.
Environment: Staff does not anticipate any adverse impact to the environment as the
site is almost fully developed.
Adjacent Properties: Although the property is located in a mixed -use neighborhood,
there are several uses permitted in the C-3 district that are not permitted in the C-2
district. Rezoning the subject property for a number of relatively intense commercial
uses permitted in the C-3 district may potentially increase noise, activity and vehicular
and pedestrian traffic in excess of many of the uses permitted in the C-2 district.
CIP Investments: None proposed.
Staff Analysis: The applicant proposes to rezone a .86-acre parcel at 3049 Asbury
Road from C-2 Neighborhood Commercial Shopping Center district to C-3 General
Commercial district. Currently, the lot accommodates an approximately 13,000 square
foot single -story commercial building with a 28-space parking lot taking access from two
driveways along Judson Drive. The property is located in a mixed -use area with
residential, office and commercial use to the north, residential use and a church to the
south and west and commercial development to the east. The property has served as
retail sales of candy and chocolate since 1995.
The applicant's stated use is for a candy production facility that would be permitted it
the C-3 district as a wholesale bakery as is would function similarly. The C-2 district
permits 21 commercial uses and the C-3 district permits 54 commercial uses. The
attached matrix lists the uses in each district and illustrates those used in the C-3
district that are not permitted in the C-2 district. The C-3 district allows some more
intense commercial uses such as drive-through/carry-out restaurant, bars, auto sales
and service and contractor's shop that are not permitted in the C-2 district.
Rezoning Staff Report - 3049 Asbury Road
Page 3
Rezoning the subject property for a number of relatively intense commercial uses
permitted in the C-3 district may potentially increase noise, activity and vehicular and
pedestrian traffic in excess of many of the uses permitted in the C-2 district.
Staff recommends the Commission review the criteria established in Chapter 9 of the
Unified Development Code regarding granting a rezoning.
Prepared by: G-IRW �fmt,2v�.wGll�1 Review 4
Date: 04/30/2021
C-2 Neighborhood Shopping Center
Principal Permitted Uses (22):
Appliance sales or service.
Artist studio.
Automated gas station
Bank, savings and loan, or credit union
Barber or beauty shop.
Furniture or home furnishing sales.
Furniture upholstery or repair.
Gas station.
General office.
Golf course.
Indoor restaurant.
Laundry, dry cleaner, or laundromat.
Licensed childcare center.
Medical office.
Neighborhood shopping center.
Parks, public or private, and similar natural
recreation areas.
Photographic studio.
Place of religious exercise or assembly.
Railroad or public or quasi -public utility,
including substation.
Residential use above the first floor only
Retail sales and service.
School of private instruction.
C-3 General Commercial
Agricultural supply sales
Animal hospital or clinic.
Artist studio.
Auditorium or assembly hall.
Bakery (wholesale/commercial).
Bank, savings and loan, or credit
union.
Bar or tavern.
Barber or beauty shop.
Business services.
Car wash, full service.
Car wash, self-service.
Construction supply sales or service.
Contractor shop or yard.
Dental or medical lab.
Department store (60,000 square feet
maximum).
Farm implement sales or service.
Furniture upholstery or repair
Gas station.
General office.
Golf course.
Grocery store.
Hotel.
Indoor amusement arcade
Indoor recreation facility.
Indoor restaurant.
Indoor theater.
Laundry, dry cleaner, or laundromat.
Licensed childcare center.
Medical office.
Miniwarehouse.
Mobile or manufactured home sales or
service.
Mortuary or funeral home.
Moving or storage facility.
Museum or library.
Neighborhood shopping center.
Parking structure.
Parks, public or private, and similar
natural recreation areas.
Pet daycare or grooming.
Photographic studio.
C-3 uses not permitted in C-2
Principal Permitted Uses (30):
Agricultural supply sales.
Auditorium or assembly hall.
Bakery (wholesale/commercial).
Bar or tavern.
Business services.
Car wash, full service.
Construction supply sales or
service.
Contractor shop or yard.
Dental or medical lab.
Department store (60,000 square
feet maximum).
Farm implement sales or service.
Hotel.
Indoor amusement arcade.
Indoor recreation facility.
Indoor theater.
Miniwarehouse.
Mobile or manufactured home
sales or service.
Mortuary or funeral home.
Moving or storage facility.
Museum or library.
Parking structure.
Printing or publishing.
Private club.
Service station.
Tour home.
Vehicle body shop.
Vehicle sales or rental.
Vehicle service or repair.
Vending or game machine sales or
service.
Wholesale sales or distributor.
C-2 Neighborhood Shopping Center
Conditional Uses (8):
Animal hospital or clinic.
Car wash, self-service.
Licensed adult day services.
Passenger transfer facility.
Pet daycare or grooming.
Restaurant, drive-in or carryout.
Tattoo parlor.
Wind energy conversion systems.
C-3 General Commercial
Place of religious exercise or
assembly.
Printing or publishing.
Private club.
Railroad or public or quasi -public utility,
including substation.
Residential use above the first floor
only.
Restaurant, drive-in or carryout.
Retail sales and service.
School of private instruction.
Service station.
Tattoo parlor.
Tour home.
Vehicle body shop.
Vehicle sales or rental.
Vehicle service or repair.
Vending or game machine sales or
service.
Wholesale sales or distributor.
Licensed adult day services.
Outdoor recreation or outdoor
amusement center.
Passenger transfer facility.
Wind energy conversion system
C-3 uses not permitted in C-2
C-3 Permitted Uses allowed as
Conditional Uses in C-2 (4):
Animal hospital or clinic.
Car wash, self-service.
Pet daycare or grooming.
Restaurant, drive-in or carryout.
Tattoo parlor.
C-3 Conditional Uses not allowed in
C-2 1 :
Outdoor recreation or outdoor
amusement center.
Stan and Linda Irwin
2140 Judson Dr.
Dubuque, IA 52001
Planning Services Department
City Hall
Dubuque IA, 52001
Subject: Rezoning of the Betty Jane Candies property at 3049 Asbury Rd.
We oppose the rezoning of this property from C-2 Neighborhood Shopping Center to C-3 General
Commercial.
We own the residential property adjoining to and south of the subject property. When we moved to our
property, both the Betty Jane property and that now occupied by Mediacom, I believe, were, zoned C-1.
Within a few years the property now occupied by Mediacom was rezoned to C-2. Then when Betty Jane
bought the subject property, it also then rezoned to C-2. Now you are to consider another zoning
increase that allows some 30+ additional commercial usages in a residential area. We believe a C-3
zoning does not belong in the middle of surrounding area that is primarily R-1 residential. Will, in
another few years, the property occupied by Mediacom be asking for a C-3 zoning? Certainly, it makes
the property more valuable in both cases.
A potential increase in delivery truck traffic is another concern. Currently, many of the deliveries are
done by full length over the road semi tractor -trailer not meant for residential streets. This requires
significant maneuvering on the street in front of our property to back up to the Betty Jane loading dock.
The city had to place a no parking section on each side of the street to guaranty the trucks could
complete this maneuver. I fear this is causing premature degradation the street, meant for residential
traffic not commercial trucks. A C-3 zoning could result in a significant increase in truck traffic, if not by
Betty Jane, but future occupants of the property.
We are glad to see a business prosper. They have outgrown their new addition in just 5 years. At that
rate, may soon outgrow the building. Thus, opening the use to the 30+ additional usages of a C-3 zoning.
Many of these would not be compatible with our residential property or the surrounding residential
neighborhood.
We feel a more equitable solution would be a C-2 Conditional usage. This allows Betty Jane to continue
to expand their business, without subjecting the neighborhood to any significant changes in the future.
STATE OF IOWA SS:
DUBUQUE COUNTY
CERTIFICATE OF PUBLICATION
I, Kathy Goetzinger, a Billing Clerk for Woodward
Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald, a newspaper of general
circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the
attached notice was published in said newspaper on the
following dates:
05/07/2021
and for which the charge is 30.82
Subscribed to before me, a Notary Vublic in and for
Dubuque County, Iowa,
this 7th day of May, 2021
Not I Public in and for Dubuque County, Iowa.
JANET K. PAPE
x = Commnissfon Number 199659
N1y Comm, E.xp, DEC 11, 2022
Ad text : CITY OF DUBUQUE, IOWA
OFFICIAL NOTICE
PUBLIC NOTICE is hereby given that the Dubuque City Council
will conduct a public hearing at a meeting to commence at 6:30
p.m. on Monday, May 17, 2021 conducted virtually on the
following:
REZONING
Request from Drew Siegert to rezone property located at 3049
Asbury Rd from C-2 Neighborhood Shopping Center to C-3 General
Commercial to allow for manufacturing and packing of
chocolate.
Due to the ongoing COVID-19 pandemic, the City Council will
meet virtually through GoToMeeting. The official agenda will
be posted on Friday, May 14, 2021 and will contain listening,
viewing, and public input options. The City Council agenda can
be accessed at
https://cityofdubuque.novusagenda.com/AgendaPublic/ or by
contacting the City Clerk's Office at 563-589-4100,
ctyclerk@cityofdubuque.org.
Copies of supporting documents for the public hearings are
on file in the City Clerk's Office, City Hall, 50 W. 13th St.,
Dubuque, Iowa, and may be viewed during normal working hours.
To comply with social distancing mandates, documents can be
viewed at https://www.cityofdubuque.org/Agendas or by
contacting the City Clerk's Office at 563-589-4100.
Written comments regarding the above public hearings may be
submitted to the City Clerk's Office, 50 W. 13th St., Dubuque,
IA 52001, on or before said time of public hearing. At said
time and place of public hearings all interested citizens and
parties will be given an opportunity to be heard for or
against said proposal.
Individuals with limited English proficiency, vision,
hearing or speech impairments requiring special assistance
should contact the City Clerk's Office at (563) 589-4100, TDD
(563) 690-6678, ctyclerk@cityofdubuque.org as soon as
feasible. Deaf or hard -of -hearing individuals can use Relay
Iowa by dialing 711 or (800) 735-2942.
Adrienne N. Breitfelder
City Clerk
It 5/7
STATE OF IOWA SS:
DUBUQUE COUNTY
CERTIFICATE OF PUBLICATION
I, Kathy Goetzinger, a Billing Clerk for Woodward
Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald, a newspaper of general
circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the
attached notice was published in said newspaper on the
following dates:
05/21/2021
and for which the charge is 20.65
Subscribed to before me, a Notary Pubdicin and for
Dubuque County, Iowa,
this 25th day of May, 2021
(�.' --K, P"
Notary lic in and for Dubuque dounty, Iowa.
,. Icy Comm. Exp. DEC ii, 2M
Ad text : OFFICIAL
PUBLICATION
ORDINANCE NO. 19-21
AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE
OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING
HEREINAFTER DESCRIBED PROPERTY LOCATED AT 3049 ASBURY ROAD
FROM C-2 NEIGHBORHOOD COMMERCIAL SHOPPING CENTER DISTRICT TO
C-3 GENERAL COMMERCIAL DISTRICT WITH CONDITIONS AS ESTABLISHED
IN THE ATTACHED MEMORANDUM OF AGREEMENT
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of
Ordinances, the Unified Development Code, is hereby amended by
reclassifying the hereinafter -described property from C-2
Neighborhood Commercial Shopping Center District to C-3
General Commercial District with conditions, to wit:
Lot 1 of "Vorwald Place No.2" in the City of Dubuque, Iowa,
according to the recorded plats thereof, subject to easements
of record and to the centerline of the adjoining public
right-of-way, all in the City of Dubuque, Iowa.
Section 2. That the foregoing amendment has heretofore been
reviewed by the Zoning Advisory Commission of the City of
Dubuque, Iowa.
Section 3. This Ordinance shall take effect immediately
upon publication, as provided by law.
Passed, approved and adopted this 17th day of May, 2021.
/s/Roy D. Buol, Mayor
Attest: /s/Trish L. Gleason, Assistant City Clerk
Published officially in the Telegraph Herald newspaper on
the 21st day of May, 2021.
/s/ Trish L. Gleason,
Assistant City Clerk
It 5/21