Zoning Site Plan Birch Heating, Cedar Cross Rd.
Planning Services Department
City Hall
50 West 13th Street
Dubuque, Iowa 52001-4864
(563)589-4210oftlce
(563) 589-4221 fax
(563) 690-6678 TDD
planning@cityofdubuque.org
www.cityofdubuque.org
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March 8, 2005
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque IA 52001
, I
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RE: Site Plan Review
Applicant: Birch Heating & Cooling
Location: Cedar Cross Road
Description: Site Plan Approval
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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 site development.
Staff reviewed requirements of Cedar Lake Plaza Planned Unit Development.
There were no public comments.
The Zoning Advisory Commission discussed the request, noting that submitted site plan
is consistent with the PUD and conceptual plan.
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,
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Jeff Stiles, Chairperson
Zoning Advisory Commission
Attachments
Service
People
Integrity
Responsibility
Innovation
Teamwork
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MEMORANDUM
February 22, 2005
FROM:
Zoning Advisory Commission
Kyle L. Kritz, Associate Planner 71 r
TO:
SUBJECT: Site Plan for Birch Fireplace and Patio, Cedar Lake Plaza
INTRODUCTION
In November 1997, Richard Hansel received Zoning approval for a PUD with a PC
Planned Commercial designation for property located at the southwest corner of Cedar
Cross Road and Starlite Drive. As part of the Ordinance, approving the Planned
Commercial District, it was required that all final site development plans be submitted
and approved by the Zoning Advisory Commission and City Council to assure they are
in compliance with the regulations of the adopted Planned Commercial District.
DISCUSSION
IIW Engineers and Surveyors have submitted a site plan for Birch Fireplace and Patio to
be located at the south end of the development fronting Cedar Cross Road. Attached to
this memorandum is a copy of the site plan for the proposed new business and
elevation drawings. In addition, a copy of Ordinance No. 63-97 is attached that
established the Planned Commercial District as well as a copy of the conceptual plan
approved in 1997.
RECOMMENDATION
The submitted site plan for Birch Fireplace and Patio is in substantial compliance with
the adopted PUD Ordinance for the property, and staff recommends approval of the
submitted site plan.
KLKlmkr
Attachments
ilred by: Laura Carstens. C1tv Pfanner Address: Citv Haf/. 50 W. , 3th StreeT Telephone: 589-4210
ORDINANCE NO. 63 -97
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE} OF THE
CITY OF .DUBUQUE CODE OF ORDINANCES PROVIDING FOR THE AMENDMENT
OF ORDINANCE 8-96, WHICH ADOPTED REGULATIONS FOR HEREINAFTER
DESCRIBED PROPERTY LOCATED AT 395 CEDAR CROSS ROAD. .LOCA TED IN A
PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PC PLANNED
COMMERCIAL DESIGNATION. .
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Appendix A (the Zoning Ordinance) of the City of Dubuque Code of
Ordinances is hereby amended by amending Ordinance 8-96, which adopted regulations
for the property described below and located at 395 Cedar Cross Road in a PUD Planned
Unit Development District with a PC Planned Commercial designation and adopting a
conceptual development plan, a copy of which is attached to and made a part hereof,
with conditions as stated below, to wit:
Lot 4 of Hansel's addition and to the center line of the adjoining public right-of-
way, all in the City of Dubuque, Iowa.
Section 2~ Pursuant to Iowa Code Section 414.5 (1993). and. as an express
condition of the reclassification, the undersigned property owner(s) agree(s} to the
following conditions, all of which the property owner(s) further agree(s) are reasonable
and imposed to satisfy the public needs that are caused directly by the zoning .
reclassification:
A. Use Regulations.
The following regulations shall apply to aU uses made of land in the above
described PUD District:
, ) Principal permitted uses of the PC Planned Commercial development shaU
be limited to:
a) Public or quasi-public utilities including substations--( 471.
ORDINANCE NO. 63 -97
Page 2
b) Monuaryifuneral home-CBI.
c) Generaloffice-{14J.
d) Medical office/clinic-(361.
e) Oental/medicallab-(8I.
f) Barber/beauty.shops-[161.
g) Retail sales/service-{171.
h) Laundry/dry cleaner-[19].
i) Shoe repair-[18].
j) Indoor restaurant--{201.
k) Supermarket-{171.
I} TailoringJalterations-{18].
m) Furniture/home fumishing--l27].
n) Appliance sales/service-{27J.
0) Drive-up automated bank teller--[8].
p) Animal hospitallclinic--[23].
q) Photographic studio-[23J.
r) Neighborhood shopping center--{17].
s) Business services-[29].
t} Banks/savings and loans. credit unions-[31]. .
u) Indoor amusement center-[231.
v) Indoor recreation facilities--[37].
[} Parking group as per Section 4-2 of the Zoning Ordinance.
2) Accessory uses shall include any use customarily incidental and
subordinate to the principaJ use it serves.
B. ~ot and Bulk Regulations.
Development of land in the PUD District shall be.regulated as follows:
1 ) All buildings and structUres in the Planned Commercial development shall
meet bulk regulations set forth in the Zoning Ordinance for the C-2
Neighborhood Shopping Center District, with the exception that building
height shall be. limited to 25 feet.
C. 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:
ORDINANCE NO. 63 -97
Page 3
. 1) Proposed public streets in the Planned Commercial development shall be
designed and built to City Engineering specifications.
2) Erosion control devices shall be provided during aU phases of construction
. of the Planned Commercial development.
3) Parking requirements for allowed uses in the PC developments shall be as
per the parking group for the designated use; in accordance with Section.
4-2 of the Zoning Ordinance.
4) Sidewalks shall be provided adjoining aU public streets including Starlight
Drive and Cedar Cross Road.
5) Storm water detention facilities will be installed as per City Engineering
requirements.
6) Final site development plans shall be submitted in accordance with
Section 4-4 of the Zoning Ordinance of the City of Dubuque. Iowa. prior
to construction of any buildings. No commercial building shall be
constructed unless it was included in final site development plans
submitted on a building by building basis as the site develops and
approved by the Zoning Advisory Commission and City Council.
D. Ooen Soace and Recreational Areas
Open space and landscaping in the PUD District shaH be regulated as follows:
1 ) A screen of deciduous and evergreen trees shall be planted along Starlight
Drive and Cedar Cross Road to act as a buffer between the proposed
Planned Commercial development and the adjacent existing residential
d~velopment. Evergreen screening to be 6 feet in height within three
growing seasons shall be planted 5 feet on center in this buffer.
.
21 Those areas not designated on the conceptual plan for development shall
be maintained as open space, as defined by Section 8 of the Zoning
Ordinance. by the property owner and/or association.
3) Building pads shall be maintained below the grade of Cedar Cross Road
and Starlight Drive.
ORDINANCE NO. 63 -97
Page 4
E. Sion ReQulations.
Signs in the PUO District shall be regulated as follows:
1 ) Signs shall be allowed in the Planned Commercial development in
accordance with the C-2 sign regulations of Section 4-3.11 of the Zoning
Ordinance.
F. Additional Standards.
1) That all previously approved conceptual development plans are hereby
amended to allow for the attached conceptual development plan.
G. Transfer of Ownershio
Transfer of ownership or lease of property in this PUD District shall incfude in
the transfer or lease agreement a provision that the purchaser or. lessee
acknowledges awareness of the conditions authorizing the establishment of
the district.
H. R~c1assification of Subject Prooertv.
The City of Dubuque, Iowa, may initiate zoning recJassification proceedings to
, the AG Agricultural District in accordance with Section 6 of the Zoning
Ordinance if the property owner(s) fail(s) to complete or maintain any of the
conditions of this ordinance.
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. . RecordinQ.
A copy of this ordinance shall be recorded !Jt 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 ten (1 0)
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
Commission of the City of Dubuque, Iowa.
ORDINANCE NO. 63 -97
Page 5
Section 4. The foregoing amendment shall take effect upon publication, as
provided by law.
Passed, approved and adopted this 3rd day of November
, 1997.
A lTEST:
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Mary . Davis, City Clerk
QRDPUD.FRM
PL\COUNCIL \hansel. pud
ORDINANCE NO. 63 -97
Page 6
ACCEPTANCE OF ORDINANCE NO. 63 -97
I, Richard V. Hansel, property owner, having read the terms and conditions
of the foregoing Ordinance No. ~-97 and being familiar with the conditions thereof,
hereby accept the same and agree to the conditions required therein.
.J .
Dated this ~ day of ~_ , 1997.
BvAf!JlIfM4~
Richard V. Hansel
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