Loading...
Zoning Kennedy Mall PUD changePIannh~g Services Department City Hall 50 West 13th S~reet D~buque, Iowa 520014964 (563) 589~L?-10 office (563) 589-~22-1 fax (563) 690-6678 TDD planning@cityofdubuque.org The Honorable Mayorand City Council Membem City of Dubuque City Hall- 50W. 13~ Street Dubuque IA 52001 RE: Rezoning Applicant: The Cafaro Company Location: Description: October 10, 2003 555 John F. Kennedy Road (Kennedy Mall Shopping Center) To amend the Planned Unit Development with a PC Planned Commercial Distdct to require one parking space for every 250 square foot of GLA to allow for an additional 82,000 square foot of new GLA and amend the sign regulations for The Kennedy Mall. 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, reviewing the three proposed amendments to the Kennedy Mail PUD and the need for them. Staff reviewed typical parking requirements for regional malls and general availability of off- street parking at the Kennedy Mall. There were no public comments. The Zoning Advisory Commission discussed the request, noting that there is sufficient parking available, and the impact of 82,000 square feet of additional retail space will not adversely impact adjacent property. 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, Zoning Advisory Commission Attachments Service People Integrit3r Responsibffity Innovation Te;m~work C~ of Dubuaue PIannin_c Services Depar~ner~ Dubuque~ ~A Phone: 563-589-~2t0 Fax: 563-589-422I PLANNING APPLICATION FORH [] Variance ~ConditJonal Use Permit []S~=da[ Exc~_~on []Umited Setback Waiver [-~ Rezoning ~Planned Dist[i~ [] PreliminaW Piat []Minor Rnat P~at []Text Amendmen~ []SimB[e SP~ Plan []Minor Site Plan [] Major $~te P~an I~ Major RnaI Plat I-qSimpte Subdivision ~]Anne,~tion Fq!Temporary Use F~mit ~CePdfi~te of Economic Non-Viabflib, ~}C. edJfica[e of Appropriateness Piease tTpe or print le~ibty in ink Properb/owne~$): The Ca faro Company P~ne: (330) 747-2661 Address: 2445 Belmont Ave. ab/: Youngstown State: OB Z~p:. 44504-0186 Fax Number: ( 330 ) 743-2902 Mobile/Cellular Number: Applicant/Agent: Phone: Address: Qb/: --~r~[e: MN Zip: Fax Number: Mobile/Cellular Number: S~te locaUon/address: 555 ~FK Road 5xb'dng zoning: PUD/PCDproposed zoning: His~fic Disbict: Landmark: Legal Description (Sidwel] .parcel ID# or lot number/block number/$ubdivisibn):, see attached To~ p~berty(lo0ar~ (~ua~feetoraa~s): 55.833 acres Des~be proposalandreasonn~essaw(atta~ ale~er~axplan~og~ifneed~): for future developments at Kennedy Nall szte. (See explanation attached.] Site Plan letter of CERTtPiCAT~ON: i/we, the unde~igned, do he~__.b~ cer~ that: 1. The information -submit-bed herein is true and correc: to the best of my/our knowledge and upon submittal becomes public record; 2. Fees are not refundable and payment does not guam~ntee approval; and 3, All addi~onal required written and g~aphic materials are at~acbed. FOR OI-~CE USE ONLY.-- A~PLIQC~TION SUBI~z ~ ~ Al. CHECKLIST [~Site/sKe~c~ plan L_J Conce~da] Deve.~pment Plan F-]Photo I-~Tmprovement plans I--[Design review project desc~ptbn ~-IFtoor plan October 5, 1998 State of Iowa County of Dubuque Township of Dubuque Kennedy Mall LEGAL DESCRIPTION Shopping Center Situated in the State of Iowa, County of Dubuque and being known as Lot 1 of Lot 1 of Lot I of Hawkeye Stock Farm in Sections 27 and 28 of Dubuque Township, and being descdbedas two parcels of land, of which said parcels are recorded in the Office of the County Recorder under Deed No. 4715-92 and Deed Book 61, Page 188, respectively, and being further bounded and described as follows: Parcel I Beginning at a point 257.15 feet south of the East One-Quarter Corner of said Section 28 and on the east line of said Section 28, being the intersection of the said east line of said Section 28 and the no~herly right-of-way line of U.S. Highway No. 20, said point being the TRUE PLACE OF BE61NNING for the herein described Parcel I; Thence due North, a distance of 257.15 feet along the Section Line to said East One-Quarter Comer of said Section 28; Thence continuing due North, a distance of 1,333.86 feet along said Section Line and the east line of the Southeast One-Quarter of Northeast One-Quarter of said Section 28 to the Northeast Corner of the Southeast One-Quarter of Northeast One-Quarter of Section 28, Township 89 North, Range 2 East of 5th Principal Meridian; Thence N 88° 48' 30" W, a distance of 306.28 feet; Thence N 87° 47' W, a distance of 302.43 feet; Thence N 88° 41' W, a distance of 317.25 feet; Thence N 89° 47' 30" W, a distance of 408.71 feet to the Northwest Corner of Southeast One- Quarter of Nertheast One-Quarter, Section 28, Township 89 North, Range 2 East of the 5th Principal Meridian; Thence due South, a distance of 478.57 feet; Page 1 of 3 Shopping Center Kennedy Mail Legal Description October 5, 1998 Thence S 00° 21' W, a distance of 850.87 feet; Thence S 00© 29' E, a distance of 473.00 feet to the northerly right-of-way line of U.S. Highway No. 20; Thence along the northerly right-of-way line of said U.S. Highway No. 20, marked by railroad rails, as follows: N 56© 08' 30" E, a distance of 112.48 feet; N 76© 40' E, a distance of 223.28 feet; N 78© 17' 30" E, a distance of 387.78 feet; N 89© 36' 30" E, a distance of 255.23 feet; S 88© 47' 30" E, a distance of 389.24 feet and returning to the True Place of beginning but EXCEPTING that area in Lot 2 of Lot 1 of Lot 1 of Hawkeye Stock Farm in Sections 27 and 28, Dubuque Township, Dubuque County, Iowa, lying west of the section line between Sections 27 and 28, and being in the northeast corner of the aforesaid tract commencing at the East One-Quarter Corner of said Section 28; Thence due North, a distance of 1,057.90 feet along said Section Line and the east line of said Section 28 to a point in the John F. Kennedy Road, with said point being the TRUE PLACE OF BEGINNING for the herein described EXCEPTION; Thence continuing due North, a distance of 275.96 feet to the Northeast Corner of Southeast One-Quarter of Northeast One-Quarter, Section 28, Township 89 North, Range 2 East of the 5th Principal Meridian; Thence N 88° 48' 30" W, a distance of 136.50 feet to another point in the John F. Kennedy Road; Thence along a 6© 00' curve concave southeasterly, a distance of 308.00 feet more or less to the point of beginning and includes the land acquired by the County of Dubuque by Easement for John F. Kennedy Road, and contains a net area of 49.923 acres. Parcel II Situated in the State of Iowa, County of Dubuque and being Lot 2 of Lot 2 of Clin-Que, Inc. Addition of Dubuque ~'ownship and being further bounded and described: Shopping Center Kennedy Mall Legal Description Page 2 of 3 October 5, 1998 Beginning at the Southeast corner of Bies Subdivision, Section 28, Township 89 North, Range 2 East of the 5th Principal Meridian, which point is also the Northeast corner of Lot 2 Clin-Que Addition, with said point being the TRUE PLACE OF BEGINNING for the herein described Parcel II; Thence due South 317.50 feet;" Thence S 00° 21' W, a distance of 650.33 feet; Thence N 89° 39' W, a distance of 250.00 feet; Thence 00° 21' E, a distance of 714.93 feet; Thence N 26° 26' 40" W, a distance of 281.59 feet; Thence S 89° 53' E, a distance of 375.00 feet and returning to the True Place of Beginning and enclosing an area of 5.91 acres. Combining the acreage of Parcel I, 49.923 acres, and :the acreage of Parcel II, 5.91 acres, equals 55.833 acres total for the lands of Kennedy Mall. The above said legal descriptions are not based on an actual field boundary survey. Kennedy Mall, Ltd. Prepared by: Allison Mi H. Carmichael Approved by: David M. DeChdstofaro, P.E., P.S. Professional Engineer, Ohio #46711 Professional Surveyor Ohio #749Q' File No. 21 :,' ... Page 3 of 3 PROPOSED PRIMARY CENTER IDENTIFICATIO SIGN 488 S~FT CENTURY DRIVE BIES DRIVE SEARS YOUNKERS II/I//// ACKER DRIVE P.U.D. AMENDMENT 30.038.00 S,F i THE CAFA~RO COMPANY ....... i .... I o~-:o-o~ I ....... "'~,:;~,T&1~';,;,';".&~_~;;~:'~' · D E v h L 0 P E R · ..... ;~;,iZ;,"'~:"~ ...... ~'~'~' I~L'°°' ~ KENNEDY MALL 055 P-1 ~ shoppingcenter, regionaI slaughterhouse shopping center, regional · A centsr with at least 500,~30 square feet of gross floor area: 1 per 250 square feet of gross leasable area (Dartmouth, Mass., pop. 30,666) · 1 per 4 space for each unit, plus 1 space per employee (Cy~'ess, Calif., pop. 46,229) - 1 parking space for each individual sleeping room or bedroom (Dade County, Fla., pop. 2,253,362) · At least 5.5 spaces per 1,000 square feet of gross floor area. Parking demand for restaurants and theaters located within the center will be added to the shop- ping center minimuna parking requirementa. (Cottage Grove, Min~., pop. 30,582) · More than 2,000,000 square f~et: 1 space per 200 square f~et of gross floor area ($cottsdale, Ariz., pop. 202,705) · lspaceper3OOsquarefeetofgrossfloorarea(Corvallis, Ore., pop. 49,322) · 1 space per 200 square f~et (Lenexa Karts., pop. 40,238) · 1 space per 250 square feet of gross floor area (NoblesoiIle, Ind., pop. 28,590; Dartmogth, Mass., pop. 30,666) · 3.5 for each 1,000 square feet of gross floor area (no exclusions) for alt buildings or uses in the center (San Mateo, Cal~, pop. 92,482) · 4 per 1,000 square feet of gross floor area (Tampa Fla., pop. 303,447) short-term rental housing (see also time-share ~nit) · 0.5 spaces per lock-off (Steamboat Springs, Colo,, pop. 9,815) · 2 spaces per bedroom (Brunswick County, N.C., pop. 73,143) sidewalk caf6 (see cafe; outdoor seating a~ea) single room occupancy (SRO) (see also homeless shelter) - 1 per every 2.2 rooms. If located within 500 feet of a public transportation stop, I per every 4.4 rooms; downtown: 1 per every 4.4 rooms (Reno, Ney., pop. I80,480) regional shopping center skateboard facility (see also recreation facility uses) · 1 space per 200 square feet of skating area (Raleigh, N.C., pop. 276,093) · 1 space per 3 persons based on maxir~um capacity of site (Big Rapids, Mich., pop. 10,849) · 1 space per 400 square feet of track area on a concrete surface open to the public and spaces for other mixed uses as detailed in this table (Phoenix, Ariz., pop~ 1,321,04~) - 1 per 200 lineal f~et of ramp, ptus 1 per 250 square feet of gro~s floor area of buildings used for accessory uses such as snack bars, game rooms, retail, etc. (Broward County, Fla., pop. 1,623,018) Minimum: 1. per 6 seats or 1 per 30 square feet of gross floor area if no permanent seats Maximum: 1 per 4 seats or t per 50 square feet of gross floor area is no permanent seats (San Antonio, Tex., pop. 1,144,646) Minimum: 1 space for each 5 people the facility is designed to accommodate at m~xlmum capacity Maximum: 1 space for each 2 people the facility is designed to accoromodate at m~ximum capacity (Jefferson County, Ky., pop, 693,604) ska~ng rink, ice or miler (see ice rink; recreation facility uses; roller rink ) ski resort (see recreation facility uses; resort) slaughterhouse · 1 per 1,000 square feet (St. Mary's County, Md., pop. 86,211) · 1 per employee during peak employment shift (Washoe County, Nev., pop. 339,486) PLANNED DISTRICT STAFF REPORT Zoning Agenda: October 1, 2003 Project Name: Property Address: Property Owner: Applicant: Amendment to Kennedy Mall PUD 555 John F. Kennedy Road Kennedy Mall, Ltd. David M. DeChdstofaro, P.E., P.S. Proposed Land Use: Commercial Proposed Zoning: PUD Existing Land Use: Commercial Existing Zoning: PUD Adjacent Land Use: North - Commercial East - Commercial South - Commercial West - Commercial Adjacent Zoning: North - C-3 East - C-3/PC South - PC West - C-3 Flood Plain: No Total Area: 55 acres Water: Yes Existing Street Access: Yes Storm Sewer: Yes Sanitary Sewer: Yes Previous Planned District: The Kennedy Mall has been a planned unit development since its construction in the late 1960s. The PUD has been amended several times over the years for major expansions. The most recent amendment was to allow construction of Best Buy Store in May 2003. Purpose: The proposed PUD amendment is to allow the Kennedy Mall to expand gross leasable area (GLA) by 82,000 square feet, reduce the parking requirement to four (4) spaces per 1,000 square feet of GLA, and allow for a new pdmary identification sign. Property History: The subject property was previously used for agricultural production prior to the Kennedy Mall's construction. Physical Characteristics: The Kennedy Mall is surrounded by commercial development on all sides. The subject property has frontage on John F. Kennedy Road, U.S. Highway 20, Century Drive and Stoneman Road. Conformance with Comprehensive Plan: The Comprehensive Plan designates the area for commercial use. PLANNED DISTRICT STAFF REPORT- Kennedy Mall Page 2 Staff Analysis: Streets: No new streets are proposed are part of this development. Sidewalks: No new sidewalks other than those directly in front of the proposed new stand-alone retail building are proposed. Parking: Existing parking will be removed as part of future construction of new retail space. A total of 2,675 parking spaces will be available after expansion. Lighting: New outdoor lighting shall utilize cut-off luminaries. Signage: The new primary center identification sign will be provided as shown on the attached rendering. Bulk Regulations: As per submitted amended conceptual plan. Permeable Area (%) & Location (Open Space): As per submitted amended conceptual plan. Landscaping/Screening: Additional landscaping will be provided around new additions and/or new buildings. Impact of Request on: Utilities: Existing utilities are adequate to serve the site. Traffic Patterns/Counts: U.S. Highway 20, primary arterial: 25,1000 ADT (2001); Wacker Drive, primary arterial: 10,200 ADT (2001) and Century Drive, collector street: 4,990 ADT (1997). Public Services: Existing public services are adequate to serve the site. Environment: Staff does not anticipate any adverse impacts to the environment provided adequate erosion control is provided during all future construction activity. Adjacent Properties: Staff does not anticipate any adverse impact to adjacent property. CIP Investments: None proposed by the City of Dubuque. As part of capacity improvements for the Wacker Drive / U.S. 20 intersection, the Iowa Department of Transportation will be constructing an additional dght turn lane along the east side of the new Best Buy Store on Wacker Drive. PLANNED DISTRICT STAFF REPORT- Kennedy Mall Page 3 Staff Analysis: The Cafaro Company is requesting an amendment to the Planned Unit Development District for the Kennedy Mall. The applicant is requesting that they be allowed to expand the gross leasable area (GLA) of the Kennedy Mall by up to 82,000 square feet. The Cafaro Company currently does not have a pending project but is requesting that the PUD Ordinance be amended to allow expansion in the future. In addition, the Cafaro Company is also requesting to amend the PUD Ordinance for the Kennedy Mall to require four (4) spaces per 1,000 square feet of GLA rather than the current five (5) spaces per 1,000 square feet. The Cafaro Company also requests amending the Kennedy Mall PUD Ordinance to allow for a new center identification sign along U.S. Highway 20 to replace the current sign. The Kennedy Mall is currently comprised of 586,561 square feet of gross leasable area including the main Mall building and stand-alone buildings. The Kennedy Mall's current parking ratio is 5.02 spaces per 1,000 square feet of gross leasable area. This ratio complies with the current parking requirement for the Kennedy Mall PUD. This parking ratio is higher than the four spaces per 1,000 square feet of retail space accessible to the general public that is required as part of commercial businesses in the C-3 General Commercial District. Attached to this staff report is information provided from the American Planning Association Planning Advisory Service on parking standards. The parking standard for regional shopping centers such as the Kennedy Mall varies between four (4) spaces per 1,000 square feet of GLA and 5.5 spaces per 1,000 square feet of GLA. The requested amendment to the Kennedy Mall PUD to allow a maximum expansion of 82,000 square feet of gross leasable area represents approximately a 14% increase in total gross leasable area for the Kennedy Mall. There are other existing planned unit development districts that allow for future expansions, both additions to existing structures as well as construction of new buildings. These include the Wal-Mart Super Center PUD, the Westmark Corporate Center PUD, the Medical Associates PUD, and the Asbury Plaza PUD. The requested 82,000 square feet of GLA expansion, if requested by itself, would be a substantial commercial building; however, as part of a 600,000 square foot 55 acre commercial development, it does not represent a significant on-site expansion in staff's opinion. The reduction in parking ratio from five per 1,000 to four per 1,000 square feet of GLA is not inconsistent with other cities parking requirements for regional shopping centers. In addition, Planning staff has often attempted to have commercial developers reduce the amount of parking provided as, in general, off-street parking is provided at significantly higher levels than what is ever actually required by customers. Planning staff's observation of the parking demand for the Kennedy Mall over the course of the last 12 years would indicate that the provision of parking at a ratio of four spaces per 1,000 square feet of GLA will still provide sufficient off-street parking during all times of the year, including the Christmas shopping season. PLANNED DISTRICT STAFF REPORT- Kennedy Mall Page 4 The Cafaro Company is requesting one additional amendment to the Kennedy Mall PUD with respect to the primary shopping center sign along U.S. Highway 20. The applicants are requesting that as part of updating this sign, that the maximum square footage be increased to 708 square feet and a maximum height of 50 feet. This size and height is somewhat larger than what is allowed under the current C-3 General Commercial District sign regulations, which the Kennedy Mall is subject to. However, given the size of the development in terms of square footage and acreage the sign is not out of character with the property. The new sign would be located in approximately the same location as the existing sign and would not adversely impact visibility or safety along U.S. Highway 20. 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. Prepared by: ?)~f~-~ Reviewed: ,4/?~ Date:__~.?> Prepared by: Laura Carstens= City Planner Address: City Hall~ 50 W. 13th St Telephone: 589-4210 ORDINANCE NO. 80-03 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES FOR THE HEREINAFTER DESCRIBED PROPERTY LOCATED AT 555 JOHN F KENNEDY ROAD AND ADOPTING A NEW CONCEPTUAL DEVELOPMENT PLAN AND ORDINANCE FOR THE KENNEDY MALL PUD PLANNED UNIT DEVELOPMENT. 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 is hereby amended by adopting a new conceptual development plan, a copy of which is attached to and made a part hereof, and Planned Unit Development Ordinance for the Kennedy Mall, with conditions as stated below, to wit: Lot 1 of Lot 2 of Lot 2 of Clinque, Inc. Addition, and Lot 1 of Lot 1 of Lot I of Lot 1 of Lot 1 of Hawkeye Stock Farm, 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,clulations The following regulations shall apply to all land uses in the above-described PUD District: 1) All permitted, conditional, accessory 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: 1) The existing GLA (gross leasable area) of the Kennedy Mall is 586,570 square feet, which includes tenant storage areas and other areas not accessible to the general public. A maximum expansion of 82,000 square feet of GLA is allowed. Future expansion(s) may include all or a portion of Ordinance No. -03 Page 2 c) D) the allowed 82,000 GLA and may take the form of an addition(s) to the Mall building itself and/or as a new out lot building. 2) All buildings and structures shall be regulated as follows: a) Maximum building height shall be 50 feet, except the following may exceed the height limit: ornamental towers, domes, spires, elevator bulkheads, HVAC equipment and other necessary mechanical equipment and their protective housings. 3) All final site development plans shall be approved in accordance with the previsions of the PUD District regulations of this ordinance and Section 3- 5.5 of the Zoning Ordinance. 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) The parking requirement for in the Kennedy Mall PUD Distdct shall be one space per 250 square feet of gross leasable area accessible to the general public. 2) A minimum of 2,675 parking spaces shall be provided at the Kennedy Mall after construction of the maximum expansion(s) of 82,000 square feet. 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 a 90-degree cut-off 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. Sign Regulations. Signs in the PUD Distdct shall be regulated as follows: 1) The provisions of the C-3 General Commercial District sign regulations (Section 4-3.11) of the Zoning Ordinance shall apply unless further regulated by this section. a) The pdmary shopping center identification sign adjacent to U.S. Highway 20 shall be limited to 700 square feet (each side) and a maximum height of 50 feet. 2) Vadance requests from sign requirements for size, number and height shall be reviewed by the Zoning Board of Adjustment in accordance with Section 5-3 of the Zoning Ordinance. Ordinance No. -03 Page 3 3) 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. 4) 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. Message center signs are exempt from this provision. E) Previous Conceptual Plans 1) That all previously approved conceptual development plans are hereby amended and that the attached conceptual plan shall hereinafter regulate the Kennedy Mall Planned Unit Development District. 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) 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. 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 20th day of October, 2003. Terrance M. Duggan, Mayor ATTEST: October 2003. Jeanne F. Schneider, City Clerk ACCEPTANCE OF ORDINANCE NO. 80-03 · I, Anthony Cafam, Sr., representing the Cafaro Compan~roperty 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. Dated this 16th day of October,2003. /s/ Anthony Cafaro, Sr.