Zoning Asbury Plaza Bus. Park Corey/Leahman/Motor City
Planning Services Department
City Hall
50 West 13th Street
Dubuque, Iowa 52001-4864
(563) 589-4210 office
(563) 589-4221 fax
(563) 690-6678 TDD
planning@cityofdubuque.org
www.cityofdubuque.org
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March 9, 2005
The Honorable Mayor and City Council Members
City of Dubuque
City Hall- 50 W. 13th Street
Dubuque IA 52001
. .
RE: Amend PUD
Applicant: Wendell Corey/Jack Leaman/Motor City LLC 'c'
Location: Asbury Plaza Business Park northwest of Asbury Plaza Shopping Center
Description: To amend and expand the Asbury Plaza Business Park Planned Unit
Development District.
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 proposed lot and street layout.
Mr. Corey also reviewed the location of storm water detention and noted he had no
objection to installing storm water detention as part of preliminary grading.
Staff reviewed surrounding zoning and land use, and the history of zoning requests for the
subject property. Staff reviewed extension of City streets to serve adjacent property.
There were no public comments. The Zoning Advisory Commission received and filed two
letters from Grandview United Methodist Church regarding alignment and extension of
streets from the PUD to the church property.
The Zoning Advisory Commission discussed the request, noting that the proposed
amendment effectively separates the subject property from the Asbury Plaza Shopping
Center. The Commission found the application meets the standards for PUD approval.
Recommendation
By a vote of 5 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,
() ',c1 C.7..ft rr
/., :.,.,/l ~:c':<I.4--
)f:-Stil~~, Chairperso:f_.
Zoning Advisory Commission
Service
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Integrity
Responsibility
Innovation
Teamwork
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P1annirg Services Department
Dubuque, IA 52001-4864
Phone: 563-589-4210
Fax: 563-589=4221
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Osimple Site Plan
DMinor Site Plan
o Major Site Plan
o Major final Plat
DSlmpIe SJbdMsion
0Annexati0n
[]Temporary Use Pennit
Ocertifkate of Emnonic: Non-Vial:ility
Ocertificate of ARJfq:riateness
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Please tvDe or Drint leaiblv'n Ink -
Property owner(S): Mot-or ri t-y T.T.r
Address: 825 S' Taft Ave Oty: Mason City
Phone: fi41-47.4_ll.l0
State:~ Zip: 50401
FaxNumber: 641-421-7733
Mobile/Cellular Ntmber:
~ka~~ Wendell Corey / Jack Leaman
Phone: 641-424-3330
~: 825 S Taft Ave
Fax NlJ11ber: 641-421-7733
Oty: Mason CityState:I!-Zip: 50401
MobIle/Cellular Nl.mber:
. Site location/address: Asbury Plaza Business Park
ExIsting zoning: ~~: ~A:~ zoning: pnn Histaic Disbict:
Legal Oesaiption (SIdwell parcel 10# or lot llU1lber/block nunber/subdivision):
~Q~ .~~~~~hA~ lQ~~Ar
Lancmar1c
Tot2II property (lot) area (square feet or acres): 70 1 .::I("'r~~
~be proposal and reason necessary (attadl a letter a explanation, If needed):
Ann 15 2ro~~c: nmi........o:.n -From t-ho:. oriqn::ll pun
AnQ l1'ii~C: 2nn m2Ko:. pnn innO:'f'o:.nno:.n.... o-F' A~hnry Pl::l'7.::I pun
CERTIFICATION: I/We, the lIldersIgned, do hereby certify that:
1. The irtormatfon suI:mItted herein Is true and CXX'1'eCI: to the best of rTrf/f:AZ knc:7f..1eclge and upon
submittal beaxnes pc.tic reoord;
. .
2. Fees are not ref1.mdabIe and payment does not guarantee approval; and
3.. All adcItionaJ required wr1t:ten and graphic materials are attached.
Property Owner(s):
AiJpfJCant/Agent:
Date:
Date:
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FOR OFFICE USE ONLY ~CAT1DIf 5ImMI1TAL OIECKLIST
nJ 1'lJl.617 - by: JZ J. . Dale: iftt/a.s Dod<et:
OSit:eIsketc:h plan 0 Conceptual Development Plan OPhoto DPIat
OImprovement plans DDesign revtew project desaiption ORoor plan OOther:
MOTOR CITY LLC
825 S. TAFT AVE. * MASON CITY, IOWA 50401 TEL: (641) 424-3330 FAX: 421-7733
coreydev@netconx.net
Mr. Kyle Kritz
City of Dubuque Planning Services
50 West 13th Street
Dubuque fA 52001
January 28, 2005
RE: Asbury Plaza Business Park
Dear Kyle:
Enclosed please find our conceptual development plan for all 70.1 acres, our proposed Declaration fo
Easements and Restrictions, and a check for $1,000 for the fee. We are requesting that all be part of the
revised PUD. Also included is our list of proposed uses. We are requesting for one pylon sign for the
entire project. Each individual property owner will have to apply for any site identification sign to both the
city and developer.
All public facilities; streets, water, sewer, and storm sewer will be designed by a registered engineer, shall
meet city requirements, and be connected to the present Asbury Plaza connections. Streets A, B, C, D,
and E will be named at a later date with city assistance if possible. Erosion control will be by three
detention areas as shown on the conceptual development plan using rip-rap for added protection.
As developer, we will require an architectural review of each site's project in addition to that of the city. We
will not permit pole buildings, but anticipate use of tilt-up, precast, pre-engineered and wood structures.
Parking and landscaping will comply with city requirements.
Item Q - Subdivision total acreage: 70.1 acres. Item R - Right of Way: 8 acres. Approximate drainage
way: 4 acres.
Legal Description:
Lot 2 of Asbury Plaza No.3, City of Dubuque, Dubuque County, Iowa filed June 21, 2001 as
Instrument No. 9434-01, and the SW ~ of the NE ~ of Section 17, all in Township 89 North, Range 2 East
in the City of Dubuque, Dubuque County, Iowa filed June 13,2001 as Instrument No. 8850-01
Owner:
Motor City LLC, 825 S. Taft Ave., Mason City, IA 50401
Representatives:
Wendell W. Corey 641-424-3330
Jack Leaman 641-423-2765
Construction schedule:
Excavation to be staged, beginning Spring 2005.
Roads, streets, utilities to be staged beginning Spring 2005.
Road landscaping to begin Summer 2005.
No structures exist.
All road and utility extensions are from Asbury Plaza.
If you have any questions, please feel free to contact me.
Sincerely,
MOTOR CITY LLC
W~&J!ILJ~
Wendell W. Corey \
President '"--./
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Motor City LLC
825 S Taft Ave., Mason City, IA 50401
641-424-3330
DECLARA nON OF EASEMENTS AND RESTRICTIONS.
This Declaration is made this_ day of
Taft Ave., Mason City, Iowa 50401 ("Declarant").
, 2005 by Motor City LLC, of 825 S.
WHEREAS, Declarant is fee owner of certain real property situated in the City of
Dubuque, County of Dubuque, State of Iowa, described as:
Lot 2 of Asbury Plaza 110. 3, City of Dubuque, Dubuque county,
Xowa filed JUne 21, 2001 as Xnstrument NO. 9434-01, and the SW ~ of the
NB ~ of Section 17, all in Township 89 North, Range 2 Bast in the City
of Dubuque, Dubuque County, I:owa
WHEREAS, Declarant desires to set out the easements and restrictions controlling the
use of the above described real estate, as follows:
EASEMENTS
NOW, THEREFORE, Declarant hereby grants and conveys to future owners of platted
lots on Property ("Owners ") for the use and benefit of the Owners, their successors, assigns,
customers~ employees, tenants, agents, and invitees, easements upon the following terms and
conditions:
I. Definitions. As used herein the following words will have the definitions set forth
below:
1.1 Center. Asbury Plaza Business Park as platted in the County Recorder's
office of Dubuque County, Iowa.
2. Grant of Vehicular and Pedestrian Passage Easements. Declarant hereby grants
the Owners a perpetual nonexclusive Easement for unobstructed vehicular and pedestrian
passage, for ingress and egress, over, across and upon, all proposed internal roadways, parking
areas, drive aisles, and walkways as shown on Exhibit A and as may be established from time to
time upon the Property, subject to the final review and approval by the City of Dubuque.
3. Grant of Utilities Easement. Declarant hereby grants and conveys to each Owner
non-exclusive perpetual easements in, to, over, under, along and across those portions of the
Subdivision (exclusive of any portion located within a building) necessary for the installation,
operation, flow, passage, use, maintenance, connection, repair, relocation and removal of utility
1
lines serving the Subdivision including but not limited to, sanitary sewers, storm drains, and -
water (fire and domestic), gas, electrical, telephone and communication lines. All utility lines
shall be underground except:
(i) ground mounted electrical transformers;
(ii) . as may be necessary during periods of construction, reconstruction, repair or
temporary service;
(iii) as may be required by governmental agencies having jurisdiction;
(iv) as may be required by the provider of such service; and
(v) fire hydrants.
Prior to exercising the easement rights granted herein, a benefited Owner shall first
provide the burdened Owner(s) with a written statement describing the need for such easement,
shall identify the proposed location of the utility line, and shall furnish a certificate of insurance
showing that its contractor has obtained the insurance coverage satisfactory to the affected
Owner's). The Owner installing utility lines pursuant to the provisions of this subparagraph shall
pay all costs and expenses with respect thereto and shall cause all work in connection therewith
(including general clean-up and proper surface and/or subsurface restoration) to be completed as
quickly as possible and in a manner so as to minimize interference with the use of the Property,
If Owners elect to install common utility lines, all repair, maintenance, replacement and other
work thereon shall be perfonned as part of an agreement between the affected parties.
The initial location of any utility lines shall be subject to the prior written approval of the
Owner whose Lot is to burdened thereby, such approval not to be unreasonably withheld. . The
easement area shall be no wider than necessary to reasonable satisfy the requirements of a
private or public utility, or ten feet (10') on each side of the centerline if the easement is granted
to an Owner. Upon request, the benefited Owner shall provide to the burdened Owner a copy of
an as-built survey showing the location of such utility line. The burdened Owner shall have the
right at any time to relocate a utility line uoon thirty (30) days' written notice, provided that such
relocation:
(i) shall not interfere with or diminish the utility service to the grantee;
(ii) shall not reduce or unreasonably impair the usefulness or function of such a utility
line;
(iii) shall be performed without cost or expense to benefited Owner;
(iv) shall be completed using materials and design standards which equal or
exceed those originally used; and
(v) shall have been approved by the provider of such service and the appropriate
governmental or quasi-governmental agencies having jurisdiction thereon.
2
Documentation of the relocated easement area, including the furnishing of an as-built survey,
shall be performed at the burdened Owner's expense and shall be accomplished as soon as
possible.
4. Grant of Drainage Easement. Declarant hereby grants and conveys to each
Owner the pex:petual right and easement to discharge surface storm drainage andlor runoff from
its Lot over, upon and across the Property, upon the following conditions and terms:
No Owner shall alter or permit to be altered the surface of its Lot or the
drainage/retention system constructed on its Lot if such alteration would
materially increase the flow of surface water onto an adjacent Lot either in the
aggregate or by directing the flow of surface water onto an adjacent Lot either
in the aggregate or by directing the flow of surface water to a limited area.
RESTRICfIONS
Use Restrictions.
1. No Lot in the Asbury Plaza Business Park shall be sold or used for any of the
following: Bowling Alley; Billiard Parlor; Night Club; Pornographic or "Triple X" Video
or Book Store; Convenience Store; Primary Business as Grocery Store; or Liquor Store.
2. No more than one building shall be constructed on each individual Lot
without the written consent of the Declarant. Lot Buyers shall provide the Declarant a
site plan. Such site plan shall show proposed building location, ingress and egress,
parking areas, traffic circulation, outdoor areas and landscaping. Such plan must be
submitted to the Declarant for review and written approval prior to construction, which
shall not be unreasonably withheld. All buildings shall have fronts with architectural
designs. No plain metal buildings without Declarant approval. There shall be no outside
storage, including vehicles, beyond the front plane of the building on a lot, and the
storage area shall be hidden by a fenced whose design has been pre-approved by
Declarant. Declarant shall have fifteen (15) days following receipt of such plans to
approve or disapprove such plans. In the event Declarant does not respond within fifteen
(15) days, the plans shall be deemed approved.
3. Each building shall be single story, not to exceed 35 feet of overall height,
without written permission of the Declarant.
4. Architectural building design, elevations, materials, colors and proposed
signage shall be submitted to the Declarant for review and written approval, which shall
not be unreasonably withheld. Declarant shall have fifteen (15) days following receipt of
such plans to approve or disapprove such plans. In the event Declarant does not respond
within fifteen (15) days. the plans shall be deemed approved. Declarant shall have fifteen
(15) days following receipt of such plans to approve or disapprove such plans. In the
event Declarant does not respond within fifteen (15) days, the plans shall be deemed
approved. No pole type construction will be allowed.
5. Free-standing signs shall be limited to one per Lot and shall meet all
3
City codes. The Lot sign shall be placed on a pylon or monument. The design and -
location of the free-standing sign shall be submitted to the Declarant for review and
written approval, which shaH not be unreasonably withheld.
6. City building requirements as required by code and the PUD shall also be met
by owner.
Assilmment. Any and all of Declarant's rights, duties, privileges and obligations under
this Declaration of Covenants, Conditions, and Restrictions may be assigned to an owner's
association.
Run with Land. The grant of the Easements and Restrictions herein contained shall run
with the land and shall be binding upon and inure to the benefit of Declarant and the Owners,
their respective successors, and assigns. This Declaration is subject to all easements of record.
This Declaration may be executed in any number of counterparts, each of which shall be
deemed an original, but all of which shall constitute one and the same instrument.
MOTOR CITY LLC
nd Secretary
STATE OF IOWA
)
ss:
COUNTY OF CERRO GORDO )
On this ~ 8'1+1 day of ~ a d.. r 'I 2005, before me. the undersigned Notary
Public within and for said County, personally appeared Wendell W. Corey, to me personally
known. who, being by me duly sworn he did say that he is the President and Secretary of
company named in the foregoing instrument, and that said instrument was signed in behalf of
said company by authority of its Board of Directors and said Wendell W. Corey knowledged
said instrument to be the free act and deed of said company.
l\",'Al -f'.
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LINDA D. GILSON
Commission Number 177781
MY COMM. EXP. -;;.. ?-tll
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...
4
PLANNED DISTRICT STAFF REPORT
..
Zoning Agenda: March 2, 2005
Project Name: Asbury Plaza Business Park
Property Address: Northwest corner of Asbury Plaza
Property Owner: Motor City, LLC
Applicant: Wendell Corey/Jack Leaman
Proposed Land Use: Commercial
Proposed Zoning: PUD/Amended PUD
Existing Land Use: Vacant/Agricultural
Existing Zoning: AG/PUD
Adjacent Land Use: North - Agricultural Adjacent Zoning: North - County AG
East - Commercial/AgriculturalNacant East - PC/CS
South - Commercial/Agricultural South - PC/County AG
West - Agricultural West - County AG
Flood Plain: Yes Total Area: 70 acres
Water: Yes Existing Street Access: Yes
Storm Sewer: Yes Sanitary Sewer: Yes
Previous Planned District: The applicant is requesting to amend approximately 55
acres of the existing Asbury Plaza PUD and rezone 15 acres currently zoned
Agricultural to the Asbury Plaza Business Park PUD. The property shares
approximately 2,000 feet of adjacency along its eastern side with the Asbury Plaza
PUD.
Purpose: Commercial Development
Property History: The applicant received approval of Phase 1 of Asbury Plaza on
January 15, 1996 from the City Council. The development at that time comprised
approximately 83 acres and provided for the construction of approximately 500,000
square feet of retail space with one right-in/right-out access and another full access with
the Northwest Arterial. Prior to that rezoning, the property had been used for
agricultural purposes prior to its annexation into the City in 1995. Phase 2 of the
Asbury Plaza PUD was approved in 1999 and included approximately 55 acres of the
subject property.
Physical Characteristics: The eastern two-thirds of the property drains primarily to the
west and the western one-third of the property drains primarily to the east. The
property's drainage meets at the Chloe branch and flows to the north. Currently, there
is approximately 100 feet of grade change from the high point to the low point along the
property.
Planned District Staff Report - Asbury Plaza Business Park
"Page 2
Conformance with Comprehensive Plan: The Comprehensive Plan recommends
that this property be developed for commercial purposes. The Land Use And Urban
Design Element of the Comprehensive Plan encourages the creation of opportunities
for convenient and concentrated commercial development to support both local and
regional markets and redevelopment opportunities within the City in an effort to
revitalize unused or underused property.
5taff Analysis:
Streets: Asbury Plaza Business Park will be accessed from a 52-foot wide public
street (Plaza Drive). At the first intersection, the pavement width will be reduced to
41 feet. The other streets that connect to the main access will be 37 feet wide.
Streets will be stubbed to the property to the west, north and east of the subject
development.
Sidewalks: Sidewalks within the PUD will be installed along all street frontages as
per City standards.
Parking: The number, size and design of parking spaces shall be governed by the
applicable provisions of the City of Dubuque Code of Ordinances in effect at the
time of the development of the lot.
Lighting: Lighting for all development within the Asbury Plaza Business Park will be
reviewed as part of the site plan process and 72-degree cut-off luminaries shall be
required.
Signage: Each building is permitted a total of 15% of front building wall area for
wall-mounted signage with a maximum of four signs per building. Each lot is
allowed one freestanding sign not to exceed 25 feet in height and 100 square feet
in area.
Bulk Regulations: Bulk regulations for lot coverage, building height, building
setbacks and parking lot setbacks have been established as part of the Lot and
Bulk Regulations for the Asbury Plaza Business Park.
Permeable Area (%) & Location (Open Space): Maximum lot coverage for interior
development will be 85% of the total area and the entire development will require
storm water detention.
Landscaping/Screening: The applicant plans to plant 26 two-inch diameter trees
as part of the Street Tree Program, and each interior lot will be required to submit a
landscaping plan as part of the site plan process. The landscaping plan requires
four trees per one-acre lot size and screening of parking areas adjacent to public
right-of-way. All exposed soil areas also require permanent ground cover within
one year following completion of construction.
Planned District Staff Report - Asbury Plaza Business Park
Page 3
Phasing of development: None
Impact of Request on:
Utilities: The applicant is working with the City Engineering Division to insure that
adequate sanitary sewer service is available to the development. At least two lift
stations will be required to adequately remove the effluent. A 12-inch water line
will be installed throughout the development, which will include the required
amount of fire hydrants. Storm water will flow to a series of three linear detention
areas and two temporary detention areas throughout the development. Storm
water calculations will be reviewed by the Engineering Department as part of the
development process.
Traffic Patterns/Counts: The proposed PUD will have one primary access point
and three stub streets to serve adjacent properties. The primary access will be
along Plaza Drive from the Northwest Arterial. Current traffic counts for the
Northwest Arterial are 8,100 vehicle trips per day along the Northwest Arterial
south of the Plaza Drive access and 7,400 vehicle trips per day along the
Northwest Arterial north of the Plaza Drive access. There is also between 11,000
-15,000 vehicle trips per day along Asbury Road at its intersection with the
Northwest Arterial.
Public Services: Existing public services are adequate to serve this site.
Environment: No adverse impacts to the environment are anticipated provided
adequate erosion control measures are provided during all phases of
construction, and that adequate storm water conveyance and detention is
provided.
Adjacent Properties: The properties on three sides of the development are
primarily cultivated agricultural land. With adequate storm water detention, staff
anticipates very limited impact on these properties. The development will,
however, increase the traffic levels along both Asbury Road and the Northwest
Arterial and along Plaza Drive through the existing commercial development.
CIP Investments: None proposed.
Staff Analysis: The applicant is requesting to amend approximately 55 acres of the
existing Asbury Plaza PUD and rezone 15 acres currently zoned Agricultural to the
Asbury Plaza Business Park PUD. The total development is approximately 70 acres.
The development will consist of 26 lots that vary in size from approximately one acre to
6.2 acres. Primary access to the development will be from an extension of the Plaza
Planned District Staff Report - Asbury Plaza Business Park
Page 4
Drive from its termination at the western property line of the existing Asbury Plaza PUD.
Plaza Drive has 50 feet of paving at its terminus near Star Cinema Center and will be
reduced as it enters the new development to 41 feet of paving. The secondary street
that loops throughout the proposed development is 37 feet wide as are the three stub
streets indicated on the plan. The stub streets provide future access to the adjacent
properties to the west, north and east. The streets will be dedicated to the City of
Dubuque as public streets.
Storm water will flow from the east and west sides of the development to a central
detention area along the Chloe branch. The detention area is located in three basins
separated by the interior streets. City Engineering staff will review the storm water
detention and street specifications for the development. A small portion of the area is
designated as a flood hazard area on the County's flood boundary maps. This area was
annexed to the City in 1997. Changes to the flood plain w~1 be reviewed as part of the
grading and erosion plan.
Each lot that is developed will required site plan review that will include provision for
green space, parking, landscaping and lighting. Asbury Plaza Business Park is an
extension of the commercial development that has occurred along the Northwest
Arterial from a southern-most point at Asbury Road to its current northern-most
development of the Star Cinema Center. The applicant has proposed a mixture of uses
that include general retail and commercial service or light industrial uses such as mini-
warehousing, freight transfer, wholesale sales and contractor shops. The applicant has
also asked approval for processing and assembly and landscaping services.
Staff recommends that the Commission review Section 3-5.5 that outlines the
standards for the approval of PUD Planned Unit Development Districts.
Prepared by: ~H&4~"-i- ReViewed:doate: ~'2Z.o5
Prepared by: Laura Carstens. City Planner Address: 50 W. 13th St.. City Hall Telephone: 589-4210
ORDINANCE NO.
25
-05
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE
CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED ALONG THE FUTURE EXTENSION OF PLAZA
DRIVE FROM AG AGRICULTURAL DISTRICT TO PUD PLANNED UNIT
DEVELOPMENT DISTRICT WITH A PC PLANNED COMMERCIAL DESIGNATION
AND ADOPTING AN AMENDED CONCEPTUAL DEVELOPMENT PLAN, WITH
CONDITIONS FOR MOTOR CITY, LLC.
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 reclassifying the hereinafter-described property from AG
Agricultural to PUD Planned Unit Development with a PC Planned Commercial designation,
and adopting a conceptual development plan, a copy of which is on file with the City of
Dubuque Planning Services Department, for property legally described to wit:.
Lot 2 of Asbury Plaza NO.3 and the SW % of the NE % of Section 17, T89N, R2E, 5th
P.M. 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 (2003) and as an express condition of
this zoning reclassification, the undersigned property owner(s) agree 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 this zoning reclassification.
A. Definitions
1. Building-related features: Building-related features are defined as all
constructed items which rise above the grade surface of the lot. These
include:
a. The primary building
b. All accessory or secondary buildings
c. All exterior storage areas
d. Exterior refuse collection areas
e. Exterior mechanical equipment
f. Containerized or tank storage liquids, fuels, gases and other materials.
2. Vehicle-related features: Vehicle related features are defined as all areas
used for the movement and parking of all vehicles within the lot. These
include:
Ordinance No. -05
Page 2 of 10
a. Employee and visitor parking spaces
b. Driveways from the street right-of-way tine to and from parking spaces.
c. Loading spaces outside of the building.
d. Maneuvering space and driveways to and from loading spaces.
e. Parking spaces for company-owned commercial vehicles.
f. Fire lanes.
3. Open space features: Open space features are defined as those exterior
areas and developed features of the lot. These include:
a. Landscape space containing lawn areas and plantings.
b. Paved, hard surfaced pedestrian areas such as walkways, plazas,
entryways and courtyards.
c. Surface storm water detention areas not otherwise used for building-
related or vehicle related purposes.
d. Open recreation areas and recreation trail.
e. Other non-building and non-vehicular related space.
B. Use Regulations
The following regulations shall apply to all land uses in the above-described PUD
District:
1. Principal permitted uses shall be limited to:
a. Retail sales/services [17]
b. General office [14]
c. Indoor restaurant [20]
d. Drive-in/carry-out restaurant [28]
e. Gas station [18]
f. Bank/savings and loans and credit unions [31]
g. Indoor recreation [37]
h. Schools of private instruction [4]
i. Self-service car wash [8]
j. Full-service car wash [8]
k. Outdoor recreation [37]
I. Auto sales and service [38]
m. Auto service centers [34]
n. Auto repair/body shop [35]
o. Motorcycle sales/service [41]
Ordinance No.
Page 3 of 10
-05
p.
q.
r.
s.
t.
u.
v.
w.
x.
y.
z.
aa.
bb.
cc.
dd.
Truck sales/service/repair [39]
Recreation vehicle sales/service [38]
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]
Warehousing and storage facilities [33]
Freight transfer facilities [44]
Agricultural supply sales [19]
Mini-warehousing [47]
Processing or assembly [33]
Landscaping services (not including retail sales as primary use) [29]
[ ] Parking Group - see Section 4-2 of the Zoning Ordinance
2. Conditional uses shall be limited to the following:
a. Day care center, within a primary office/commercial building or as a
stand-alone structure. Day care centers are subject to state and local
regulations.
1. Indoor floor area (excluding halls and bathrooms) must be
provided per child in areas occupied by cribs as per State Code.
I 2. Indoor floor area (excluding halls and bathrooms) must be
provided per child in areas not occupied by cribs times the
licensed capacity as per State Code.
3. Fenced outdoor recreation space must be provided per child
using the space at a given time as per State Code.
4. Such facility shall provide for the loading and unloading of
children so as not to obstruct public streets or create traffic or
safety hazards.
5. All licenses have been issued or have been applied for awaiting
the outcome of the Board's decision.
6. No group day care center may be located within the same
structure as any gas station, bar/tavern, automated gas station or
any facility selling servicing, repairing or renting vehicles.
7. The parking group requirements can be met [8].
8. The conditional use applicant certifies that the premises on which
the group day care center will be located complies with, and will
for so long as the group day care center is so located, continue to
Ordinance No. -05
Page 4 of 10
comply with all local, state, and federal regulations governing
hazardous substances, hazardous waste and hazardous
materials, including, but not limited to Iowa Code Chapter 455B
(1991); 42 U.S.C. Section 9601 of the Federal Comprehensive
Environmental Response Compensation and Liability Act; 40
C.F.R. section 3-2.4; and Section 302 of the Superfund
Amendments and Reauthorization Act of 1986; and
9. If the applicant is subject to the requirements of Section 302 of
the Superfund Amendments and Reauthorization Act of 1986, the
Emergency Management Director shall certify whether or not the
applicant has submitted a current inventory of extremely
hazardous substances kept or stored on the premises. If any
such extremely hazardous substances are kept or stored on the
premises, the applicant shall also post in a conspicuous place on
the premises a notice indicating a description of the extremely
hazardous substances, and the physical and health hazards
presented by such substances.
3. Accessory uses shall be limited to any use customarily incidental and
subordinate to the principal use it serves.
4. Temporary uses shall be limited to 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 Zoning Ordinance.
C. Lot and Bulk Regulations
Development of land in the PUD District shall be regulated as follows:
1. All building-related features shall be in accordance with the following lot and
bulk regulations:
a. Maximum lot coverage shall be limited to 85% of the total lot area. All
building and vehicle-related features shall be considered when
calculating total land coverage.
b. Maximum building height shall be 60 feet, except the following may
exceed the height limit: cooling towers, condensers, elevator
bulkheads, stacks and other necessary mechanical equipment and
their protective housing. HVAC equipment is limited to 10 feet above
60 feet limitation subject to the provisions of adequate screening.
c. Setbacks for buildings shall be as established for the C-3 General
Commercial District, set forth in Section 3-3.3 of the Zoning Ordinance.
d. Parking lots fronting on a public or private street(s} shall be set back
ten (10) feet from the adjacent right-of-way(s}.
D. Parking Regulations
Ordinance No.
Page 5 of 10
-05
1.
All vehicle-related features shall be surfaced with either asphalt or concrete.
Curbing and proper surface drainage of storm water shall be provided.
All parking and loading spaces shall be delineated on the surfacing material
by painting stripes and other permanent means.
No on-street parking shall be allowed on streets within this PUD.
The number, size and design of parking spaces shall be governed by
applicable provisions of City of Dubuque Code of Ordinances in effect at the
time of development of the lot.
The number, size, design and location of parking spaces designated for
persons with disabilities shall be according to the local, state or federal
requirements in effect at the time of development of the lot.
2.
3.
4.
5.
6.
7.
The location and number of private driveway intersections with public streets
shall be established by the City of Dubuque.
E. Landscaping Regulations
1. Plant Materials: The open space area of each lot shall be planted with
permanent lawn and ground covers, such as shrubs and trees. It is the
intent of these regulations that the development of required open spaces
shall reflect a high quality of environmental design. The following provisions
shall apply to each lot.
I
a. Landscape plans are required as part of submittals for site plan review.
Landscape plans are to include type, number and size of proposed
plantings. As a minimum, the submitted landscape plan should include
the following:
1. For every one (1) acre of lot size, four (4) trees shall be required
with a minimum of eight (8) trees required for lots two (2) acres
or less. Each required tree shall be at least 1 % _2" caliper
diameter deciduous and/or six foot high evergreen at planting.
2. Parking areas located adjacent to right-of-way shall be screened
with a combination of trees, shrubs or berms to provide a
landscape screen of 50% opacity and three feet in height within
three years of planting.
2. All exposed soil areas remaining after the construction of building and
vehicle-related features shall be planted with a permanent ground cover to
prevent erosion. Within one year following completion of construction, or by
the date that a building is issued an occupancy certificate by the Building
Services Department of the City of Dubuque, whichever occurs first,
required landscaping shall be installed.
Ordinance No.
Page 6 of 10
-05
3.
The owner shall replant any and all plant materials which have died due to
any cause during the effective period of this PUD Ordinance.
F. Sign Regulations
1. The provisions of Section 4-3 (Sign Regulations) of the Zoning Ordinance
shall apply unless further regulated by this section.
2. Wall-mounted signs:
a. Total aggregate square footage of wall-mounted signs is based on 15
percent of the front building wall area. Corner lots shall be allowed
additional aggregate square footage based on five percent (5%) of the
side building wall area.
b. Number of signs: Maximum four (4) per building. No more than three
(3) building walls shall have wall-mounted signs.
c. Below eave or parapet.
3. Freestanding signs:
a. Total allowed square footage: 100 square foot
b. Maximum number: 1
c. Maximum height: 25 feet
4. Variance 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.
5. 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.
6. 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.
G. 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. Site Lighting:
a. Exterior illumination of site features shall be limited to the illumination
to of the following:
Ordinance No.
Page 7 of 10
-05
1.
2.
3.
4.
Parking areas, driveways and loading facilities.
Pedestrian walkway surfaces and entrances to the building.
Screened storage areas.
Building exterior.
b. Location and Design:
1. All exterior lighting shall be designed, installed and maintained so
as not to cause glare or to shine into adjacent lots and streets.
2. All exterior lighting luminaries shall be designed and installed to
shield light from the luminaire at angles above 72-degrees from
vertical.
3. A lighting plan shall be included as part of the site plan submittals
that indicates types of lights used and ground light pattern for
lighting of building and parking-related features.
4. Fixtures mounted on a building shall be positioned no higher than
the roofline of the building.
5. Wooden utility-type poles are acceptable only for temporary use
during construction.
6. All electrical service lines to posts and fixtures shall be
underground or concealed inside the posts.
2. Utility Locations:
a. Service lines: All electrical, telephone, cable and other similar utility lines
serving the building and other site features shall be located underground.
b. Mechanical Equipment: All air conditioning units, heat pumps and other
similar mechanical equipment, not including roof-mounted mechanical
equipment shall be screened from view. Mechanical equipment shall be
screened in such a manner that it will appear to be an integral part of the
building's overall architectural design. Wooden fencing of at least 50%
opacity, masonry walls or plantings may be used to visually screen
mechanical equipment.
c. Exterior trash collection area shall be located in rear or side yards only.
d. All exterior trash collection areas and the materials contained therein shall be
visually screened from view. The screening shall be wood or masonry fence,
wall or other feature not exceeding a height of seven (7) feet measured from
the ground level outside the line of the screen. Screens built on sloping
grades shall be stepped so that their top line shall be horizontal. All exterior
entrances to a screened trash area shall be provided with a gate or door of
Ordinance No. -05
Page 8 of 10
similar design to that of the screen unless located in a service area not
visible to the general public.
If a seven-foot high screen fails to shield the exterior trash collection area
from view from points inside or outside of the property, evergreen plantings
may be required in addition to the screening. Evergreen plant materials shall
be selected and designed so that they will screen the area from all off-site
visibility within five years.
4. Other Codes and Regulations:
a. Outdoor sales are regulated through the temporary use permit process.
b. The use of semi-trailers and shipping containers for storage is prohibited.
c. Operations within enclosed buildings: All operations and activities shall be
conducted within completely enclosed buildings, except: (1) off-street parking
and loading; and (2) recreation facilities.
d. These regulations do not relieve the owner from other applicable city, county,
state or federal codes, regulations, laws or other controls relative to the
planning, construction, operation and management of property within the City
of Dubuque.
H. 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 and agrees to comply with the conditions authorizing the establishment of
the PUD District.
I
I. 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.
J. Recording
A copy of this ordinance shall be recorded at the expense of the property owner(s) with
the Dubuque County Recorder as a permanent record of the conditions accepted as
part of this reclassification approval within 10 days 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
Advisory Commission of the City of Dubuque, Iowa.
Section 4. This ordinance shall take effect immediately upon publication, as provided
bylaw.
Passed, approved and adopted this 21 s t day of
March
2005.
Ordinance No. -05
Page 9 of 10
Attest:
.... '..
ACCEPTANCE OF ORDINANCE NO.
25
-05
I, Wendell Corey, representing Motor City, LLC, property owner, having read the
terms and conditions of the foregoing Ordinance No. 25 -05 and being familiar
with the conditions thereof, hereby accept the same and agree to the conditions
required therein.
Dated this
q#1 day of
fl1 Ctv~
2005.
By: _Wacn~J ~
Wendell Corey
I'
Prepared by: Laura Carstens. City Planner Address: 50 W. 13th St.. City Hall Telephone: 589-4210
ORDINANCE NO. 25-05
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE
CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED ALONG THE FUTURE EXTENSION OF PLAZA
DRIVE FROM AG AGRICULTURAL DISTRICT TO PUD PLANNED UNIT
DEVELOPMENT DISTRICT WITH A PC PLANNED COMMERCIAL DESIGNATION
AND ADOPTING AN AMENDED CONCEPTUAL DEVELOPMENT PLAN, WITH
CONDITIONS FOR MOTOR CITY, LLC.
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 reclassifying the hereinafter-described property from AG
Agricultural to PUD Planned Unit Development with a PC Planned Commercial designation,
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 (2003) and as an express condition
of this zoning reclassification, the undersigned property owner(s) agree to the following
conditions, all of which the property owner further agrees are reasonable and imposed to
satisfy the public neetls that are caused directly by this zoning reclassification.
A. Definitions
1. Building-related features: Building-related features are defined as all
constructed items which rise above the grade surface of the lot. These
include:
a. The primary building
b. All accessory or secondary buildings
c. All exterior storage areas
d. Exterior refuse collection areas
e. Exterior mechanical equipment
f. Containerized or tank storage liquids, fuels, gases and other
materials.
2. Vehicle-related features: Vehicle related features are defined as all areas
used for the movement and parking of all vehicles within the lot. These
include:
FEB-22-05 02:33 PM GRANDVIEW AVE. UMC
319 582 3556
P.01
Staff
Contemporary Service
Marie Miller ,Coordinator
Orand VIew Pr..chool
TIna Nauman. Director
Youth Ministry
Education Coordln.tor
Adam Magill
Chor.1 Director
Keith Rippe
Christine Kohlmann
Bell Choir DI,-.ctor
Hallie Paar
SUe Lafond. Secreta'Y
Larry Tschamer, Custodian
OffIce Hou,,-
8;30-Noon & 1 :00-5;00
Monday-Frlday
GRAND VIEW UNITED METHODIST CHURCH
3342 John Wesley Drlve Dubuque Iowa 52002-1083 .
Phon8:563~~75 Fax:563-582-3556
Emall: grandvlewdubuque@aol.oom Prayer L\r1e Email: prsygrandvtew@aol.com
,.to...
Rev. Dr. James L. Dotson Rev. Penelope M. Thacker
Go end make disc/pres. . .
Watthew 2fJ:1Q
22 February 2005
Wendell W. Cory, President
Motor City LLC
825 S. Taft Ave.
Mason City, IA 50401
RE: Letters of 17 and 21 Feb. 2005 to Dubuque Planning Services and
Zoning Advisory Commission respectively
Dear Mr. Cory,
We accept the proposed alignment contingent on the following agreement. We
would propose raising the tenninus of Street B to approximately 875 faet. with low .
point of road shifted west midway between terminus and intersection_ ~sing material .
from our site. The material being that available as a result of extending your pro- :
posed grades to our property line and excavating the slope (toe of slope on the prop- :
erty line) on our property. '
All other features as proposed in your 17 and 21 Feb. correspondence are acceptable.
We look forward to a cooperative solution that works out the details to our mutual .
benefit.
SincerelYt .
(l/~ ~~
Arvid Saele
Trustee Vice Chair
Home Phone: 563/588-0324
cc: Kyle Kritz, City of Dubuque Planning
MOTOR C,ITY LLC
825 S. TAFT AVE. * MAS()NCITY, I()WAS0401 TEL: (6i4)424~j330 FAX: (641) 421-7733
coreydev@netconx.net
February 21, 2005
Chair
Zoning Advisory Commission
City of Dubuque
50 West 13th Street
Dubuque fA 52001
RE: Application for platting and zoning - Asbury Plaza Business Park
Dear Zoning Advisory Commission:
This is a direct response to the February 16, 2005 letter from Grandview United Methodist
Church.
1. Their request to relocate Street "8" 200 ft. north from my designed location absolutely
"does not "work." It would not serve either party's best interest as stated below.
a. The requested change destroys the planned and scheduled development of
Lot #1. There is an at completion project of $5 million. Please see the
attached drawing which shows the changed road running directly through the
project for Lot #1. Lot #2 is also rendered unusable due to the resultant
irregular shape. It voids all negotiations of a pending sale to a local
business, which is seeking to relocate and expand. The redesigned shape
and area will not work for this party, or any other for that matter.
b. Given the existing elevations, relocating the road to their proposed location
creates a road with a slope of 13.125% (a difference between 870 feet and
891 feet in 160 feet), which is very undesirable. The planned location
provides an on site grade if 1.6%. The slope on the adjacent property to the
east rises from 870 feet to 895 in approximately 430 feet, which results in a
road grade of 5.9%- half that shown above. The 870-foot elevation is used
because it is the common grade for 75% of the property line and matches
that of the adjacent property's east property line 110 to 120 inward. It also
best matches that of the church's south property line, which also abuts my
property to the south. Please read item "e" of the attached letter provided to
the City on February 17'h. I'm providing storm intakes and a drainage ditch
along my east property line. I'm also providing intakes and storm along Lot
#1 's south property line to help control the church's present drainage
problems. I'm having to add 600 feet of storm west of the on site detention
pond added on Lot#1 to protect my property from water flowing from the
church's steep grades onto my property.
The church's property has a 22.5-foot average rise, sloping directly onto my
'property in a very short distance. I've provided a design that protects my
property and works for the PUD as designed. My designated road is the
"only" location that allows all this.
2. The elevation of the street on my site plan easily meets City standards. The stub
location also provides the least grade for a future road onto the adjacent property. It
is up to that property owner to do their site development and design, should they ever
decide to develop. I have provided the stub to their property at a point where it would
crate the least grade, but excavation on their property is not my responsibility. They
have future excavation requirements necessary for the development of roads, site
grading, and for the future protection of properties adjacent to them if and when they
do try to develop their property. I will be spending extra money to do my project
because of non-development of their adjacent property. I've tried to locate the road
at a place and elevation that best suits both properties, now and in the future. My
PUD has proposed street "B" in the only location and elevation that works.
3. My submitted plans presently show a 37-foot street, not 27 feet for Street "B".
Sincerely,
W (h.J2d ell ~
Wendell W. Corey
President
Encl.
Feb 17 05 02:16p
Staff
Contemporary Service
Marie Miller,Coordinator
Grand View Preschool
Tina Nauman. Director
Youth Ministry
Education Coordinator
Adam Magill
Choral Director
Keith Rippe
Christine Kohlmann
Bell Choir Director
Hallie Paar
Sue lafond, Secretary
Larry Tschamer, Custodian
Office Hours
8:3Q-Noon & 1 :00-5:00
Monday-Friday
Planning Services
5635894221
p.2
GRAND VIEW UNITED METHODIST CHURCH
3342 John Wesley Drive Dubuque Iowa 52002-1083
Phone: 563-582-8875 Fax: 563-582-3556
Email: grandviewdubuque@aol.oom Prayer line Email: praygrandvieW@aol.com
Pastors
Rev. Or. James L Dotson Rev. Penelope M. Thacker
Go and make disciples...
Matthew 28:19
16 February 2005
iff)) ffi: @ rg U W ~ rm
Ul] FEB 1 7 2005 U!J
Kyle Kritz. Associate Planner
City of Dubuque Planning Services
50 West 13th Street
Dubuque. la 52001
em OF DUBUQUE
PLANNING SERVICES DEPARTMENT
Dear Mr. Kritz:
The Board of Trustees of Grand View United Methodist Church have re-
viewed the conceptual plan submitted by Motor City, L.L.C. for Asbury
Plaza Business Park which abuts the westerly boundary of our property
and have the following concerns:
1. The location of the stub street to our parcel is shown south of a previ-
ously submitted plan. As currently shown. the street ends at the low
point of our parcel which we will most likely have to reserve for deten-
tion purposes. WeJeel a location between 150 and 200 feet north of
our southwest corner would serve both properties better.
2. The elevation and gradient of the proposed stub street should be de-
signed so it can be extended to meet City standards on both parcels.
df.... 3. The plans show a 27 foot street. We were anticipating the standard 37
foot street for commercial areas.
Grand View appreciates the opportunity to review and comment on this
proposed development and hopes that the Zoning Commission and City
Council will take these matters into consideration during the approval
process.
Sincerely,
~~
Arvid Saele. Vice Chairperson
Board of Trustees .
/
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