Zoning 1087 Cedar Cross Rd. Tobins - Used Car Lot
Planning Services Department
City Hall
50 West 13th Street
Dubuque, Iowa 52001-4864
(563) 589-4210 office
(563) 589-4221 fax
(563) 690-6678 roo
pIanning@cityofdubuque.org
www.cityofdubuque.org
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April 8, 2005
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The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque IA 52001
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RE: Amend PUD
Applicant: Pat & Liz Tobin
Location: 1087 Cedar Cross Road
Description: To amend the PUD Planned Unit Development to allow used car sales.
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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 proposed used car lot location
and future building for preparing vehicles for sale.
Staff reviewed history of rezonings on the site and surrounding zoning and land use.
There were public comments regarding whether vehicle repair will be allowed and that
existing parking demand generated by Tri-State Golf makes use of the proposed car lot.
The Zoning Advisory Commission discussed the request, noting that they had received
three letters with concerns regarding this request. The Commission discussed the
location of the car lot, visibility at Cedar Cross Road and surrounding zoning and land
use.
Recommendation
By a vote of 5 to 1, 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.
RJ/AS ectfully submitted,
Q-e-. ~ g /l ;7
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Jeff Stiles, Chairperson
Zoning Advisory Commission
Attachments
Service
People
Integrity
Responsibility
Innovation
Teamwork
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Planning Services Department
City Hall
50 West 13th Street
Dubuque, Iowa 52001-4864
(563) 589-4210 office
(563) 589-4221 fax
(563) 690-6678 TOD
planning@cityofdubuque.org
www.cityofdubuque.org
THE CITY OF L-:::-~
DlJBU{1UE
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April 8, 2005
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque IA 52001
. ,
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RE: Amend PUD
Applicant: Pat & Liz Tobin
Location: 1087 Cedar Cross Road
Description: To amend the PUD Planned Unit Development to allow used car sales.
C.J
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 proposed used car lot location
and future building for preparing vehicles for sale.
Staff reviewed history of rezonings on the site and surrounding zoning and land use.
There were public comments regarding whether vehicle repair will be allowed and that
existing parking demand generated by Tri-State Golf makes use of the proposed car lot.
The Zoning Advisory Commission discussed the request, noting that they had received
three letters with concerns regarding this request. The Commission discussed the
location of the car lot, visibility at Cedar Cross Road and surrounding zoning and land
use.
Recommendation
By a vote of 5 to 1, 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.
ResfecttullY sU.bmilted,
J)~'~ J.l ~k-/
:::-:r- D /71 r
Jeff Stiles, Chairperson
Zoning Advisory Commission
Attachments
Service
People
Integrity
Responsibility
Innovation
Teamwork
D7ffi~
~~~
City of Dubuque
Planning Services Department
Dubuque, IA 52001-4864
Phone: 563-589-4210
Fax: 563-589-4221
PLANNING APPUCATION FORM
o Variance
o Conditional Use Permit
o Appeal
OSpedalException
o limited Setback Waiver
o jl.ezoning
lliPlanned District
o Preliminary Plat
o Minor Rnal Plat
o Text Amendment
o Simple Site Plan
o Minor Site Plan
o Major Site Plan
o Major Rnal Plat
o Simple Subdivision
o Annexation
OTemporary Use Permit
o Certificate of Economic Non-Viability
o Certificate of Appropriateness
o Other:
Please tvDe or Drint legibly in ink
Property owner(s): p., r I/fA/ L,~ 7,/;"" Phone: f.-:S~ -tJ't'"ZJ
Address: /g,~ &r,,~'/ 111" City: p... /~~ State:~ Zip: :710'-1
Fax Number: ..17..1- >rf .a?,-t1 Mobile/Cellular Number: .5-,4 - ~O~
Applicant/Agent: 11.7' 71f/'A.. Phone:
Address: /PYd ,frrllt;f/((/ I,
Fax Number: $q"'(,.
City: a/yMA' State:~Zip~~
Mobile/Cellular Number: ~("~
(I ~;"r I'r..s:r /(/
Site location/address: /" , 7
Existing zoning: PUP Proposed zoning:
tJ~ I..,tp
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Historic District:
landmark:
Legal Description (Sidwell parcel 10# or lot number/block number/subdivision):
Total property (lot) area (square feet or acres): ~. J.. A t!/f' 5
Describe proposal and reason necessary (attach a etter of explanatio ,if needed): eA.l' f
tllII: I. _ SiIC .s
2.
3.
CERTIFICATION: I/we, the undersigned, do hereby certify that:
1. The information submitted herein is true and correct to the best of my/our knowledge and upon
submittal becomes public record;
Fees are not refundable and payment does not guarantee approval; and
All additional required written and graphic materials are attached.
&Y/A
Date:
:; /It/PS
, -
Property Owner(s):
Applicant! Agent:
Date:
FOR OFFICE USE ONLY -APPUC nON SUBMITTAL CHECKUST
Feebcc. eo Received by: ~ Date: 2-1.8-05" Docket:
OSite/sketch plan 0 Conceptual Development Plan o Photo o Plat
o Improvement plans 0 Design review project description 0 Floor plan 0 Other:
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PLANNED DISTRICT STAFF REPORT
Zoning Agenda: April 6, 2005
Property Address: 1087 Cedar Cross Road
Property Owner: Pat and Liz Tobin
Applicant: Same
Proposed Land Use: Commercial
Proposed Zoning: PUD
Existing Land Use: Vacant
Existing Zoning: PUD
Adjacent Land Use: North - Commercial
East - Commercial
South - Residential
West - Commercial
Adjacent Zoning: North - CS
East - C-3 c
South - AgriculturallC-2
West - CS
Flood Plain: No
Total area: 6.2 acres
Water: Yes
Existing Street Access: Yes
Storm Sewer: No
Sanitary Sewer: Yes
Previous Planned District: The existing Planned Commercial District was approved in
December 1995. The adopted PUD Ordinance established a short list of permitted
uses and required an arborvitae hedge 200 feet long to be planted on the southeast
side of the property as a buffer to the adjacent property. The PUD was amended in
1998 to allow the existing mini-storage business.
Purpose: The applicant is requesting to amend the district to allow the development of
a small auto sales lot.
Property History: The subject property was denied for rezoning to C-3 General
Commercial District in August 1995. The owner, Benkel, Inc., then requested rezoning
to a PUD classification in September 1995. The PUD was amended in 1998 to allow
the current mini storage business.
Physical Characteristics: The site slopes from north to south away from Cedar Cross
Road. Access to the property is provided by a private driveway connecting with Cedar
Cross Road. The subject parcel has 65 feet of frontage on Cedar Cross Road.
Conformance with Comprehensive Plan: This proposal implements the
Comprehensive Plan Land Use Element Goal 2.2. The Comprehensive Plan Land Use
Map designated the property for commercial development.
Planned District Staff Report- 1087 Cedar Cross Road
Page 2
Staff Analysis:
Streets: The applicant is proposing to use part of the existing private roadway
connecting Cedar Cross Road for customer parking. The roadway is 25 feet in
width.
Sidewalks: There has been no sidewalks proposed for this development.
Parking: Off-street parking will be provided outside the gated area. There is
sufficient area proposed for nine display vehicles.
Lighting: Full cut-off lighting is required.
Signage: None proposed. The C-2 Neighborhood Shopping Center District sign
standards are used in the existing PUD Ordinance. ,
Bulk Regulations: The proposed sales lot will be located approximately 15 feet
from the side lot line.
Permeable Area (%) & Location (Open Space): Proposed buildings and paving
occupy approximately 55% of the site, leaving 45% as permeable area.
Landscaping/Screening: None proposed.
Phasing of development: None.
Impact of Request on:
Utilities: Existing utilities are adequate to serve the site.
Traffic Patterns/Counts: Cedar Cross Road is rated as a minor arterial. The 1993
IDOT traffic counts for Cedar Cross Road indicate 10,900 average vehicle trips
per day.
Public Services: Existing public services are adequate to serve the site.
Environment: If adequate erosion control facilities are provided during all phases
of construction, no adverse impact to the environmental is anticipated. In
addition, the applicant has constructed a detention pond that will continue to
control storm water runoff from the site. .
Adjacent Properties: There is an existing single-family house located southeast of
the subject site. The applicant has planted the screening as required in the PUD
Ordinance that was adopted in 1995.
Planned District Staff Report- 1087 Cedar Cross Road
Page 3
CIP Investments: None proposed.
Staff Analysis: The applicants, Pat and Liz Tobin, are requesting that the existing
PUD District be amended to allow auto sales as a permitted use. Benkel, Inc. received
approval for the PUD District in December 1995. The list of permitted uses for the PUD
District included business services, wholesales/distributor, general office, indoor
recreation, and public and quasi-public utilities. The PUD was amended in 1998 to
allow the current mini-warehouse development.
The applicants intend to pave an area 25 feet deep by 70 feet wide to display used
vehicles. The existing office building for the mini-warehouse building will also serve as
the sales office for the used car lot. The applicant is required to provide two parking
spaces for the proposed used car lot. The spaces are proposed to be located along
the 2S-foot wide drive leading to the mini-warehouse units.
Planning staff recommends that the Zoning Advisory Commission discuss whether the
required spaces should be located in another location than the 2S-foot wide entrance
drive.
Staff recommend that the Commission review Sections 3-S.5(F) that establishes the
approval standards for PUDs.
Prepared by: 711 ~
Reviewed: .ii/A
Date: .3-.2~ -Q5
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Prepared by: Laura Carstens. Citv Planner Address: 50 W. 13th St., Citv Hall Telephone: 589-4210
ORDINANCE NO.
-05
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF
THE CITY OF DUBUQUE CODE OF ORDINANCES FOR THE AMENDMENT OF
ORDINANCE 8-98 WHICH ADOPTED REGULATIONS FOR PROPERTY
LOCATED SOUTH OF 1095 CEDAR CROSS ROAD AS A PUD PLANNED UNIT
DEVELOPMENT DISTRICT WITH A PC PLANNED COMMERCIAL DISTRICT
DESIGNATION AND ADOPTING A REVISED CONCEPTUAL DEVELOPMENT
PLAN, WITH CONDITIONS.
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 and Ordinance 8-98 be amended by adopting a revised
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 3 of the J. George Subdivision, except the northeasterly 391 feet
thereof, 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 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:
Use ReQulations.
The following regulations shall apply to all uses made of land in the above
described PUD District:
1. Principal permitted uses shall be limited to:
a. Business services [29]
b. General office [14]
c. Indoor recreation [37]
d. Mini-warehousing and storage facility [47]
e. Used car sales lot [38]
f. Public or quasi-public utilities including substations [47]
Ordinance No. -05
Page 2
2. Accessory uses shall include:
a. Dwelling unit for on-site manager
b. Any use customarily incidental and subordinate to the principal
use it serves.
B. Lot and Bulk ReQulations
Development of land in the PUD District shall be regulated as follows:
1. All building structures and activities shall be located in conformance
with the attached conceptual development plan and all final site
development plans shall be approved in accordance with provisions of
the PUD District regulations of this ordinance and of Section 3-5.5 of
the Zoning Ordinance.
2. The maximum building height shall be twenty-five (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:
1. Lighting shall be provided per City standards.
2. Landscaping shall be provided in compliance with Section 4.4 of the
Zoning Ordinance and as stipulated in the conceptual development
plan. Also stipulated is the requirement for a techny arborvitae hedge,
planted a minimum of five feet high at planting, five feet on center and
200 feet in length located in a manner subject to approval of the
adjacent property owners.
3. All utilities, including telephone and cable television, shall be installed
underground.
4. Sidewalks shall be placed four feet behind the curb parallel to the
street on all public street frontages and constructed in accordance
with City standards.
5. Final site development plans shall be submitted in accordance with
Section 4-4 of the Zoning Ordinance prior to construction of each
building or structure unless otherwise exempted by section 4-4.
6. Storm water detention shall be provided beginning with Phase 1 and
be directed toward the detention basin located in the southwest corner
of the site.
Ordinance No.
Page 3
-05
7.
Subdivision plats and improvement plans shall be submitted in
accordance with Chapter 42 of the City of Dubuque Code of
Ordinances. The approved conceptual development plan shall serve
as the preliminary plat.
Security fence shall be extended along the east property line to the
existing tree line during Phase 1.
8.
D. Open Space and Recreational Areas
Those areas not designated on the conceptual development 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.
E. Sion Reoulations
The sign regulations shall be in accordance with the C-2 Neighborhood
Shopping Center District as established in Section 4-3.11 of the Zoning
Ordinance.
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 district.
G. Reclassification of Subiect Property
The City of Dubuque may initiate zoning reclassification 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.
H. 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.
I. Recordino
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 thirty (30)
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.
Ordinance No. -05
Page 4
Section 4. This foregoing amendment shall take effect immediately upon
publication, as provided by law.
Passed, approved and adopted this
day of
2005.
Terrance M. Duggan, Mayor
Attest
Jeanne F. Schneider, City Clerk
ACCEPTANCE OF ORDINANCE NO.
-05
I, Pat Tobin, property owner, having read the terms and conditions of the
foregoing Ordinance No. -05 and being familiar with the conditions thereof,
hereby accept the same and agree to the conditions required therein.
Dated the
of
,2005.
By:
Pat Tobin
Zoning Advisory Commission
Dubuque, Iowa 52003
JD)~@~uw~rm
IfI1 liAR 2 9 2005 ~
Re: Proposal from Pat Tobin
CITY OF DUBUQUE
PlANNING SERVICES DEPARTMENT
Dear Sirs,
I do not oppose use of the property for car sales. I do oppose the water run-off
without more control than presently exist. This property is unique, an elongated plateau
with water run off to 3 sides.
In the past year there was a large amount of his property that washed into a
retention basin that we are obligated to maintain on Cedar Crest Ridge, so much that it
washed away a 30 foot tree. This necessitated cleaning out the basin at our expense this
fall. To the credit of Pat Tobin he did build a berm of dirt and rock along that area of
his property but I am concerned that enlarging the asphalt area can cause further
problems without more control than presently exists. His run-off should be directed to
the lower end of his property into a basin marked X on the map, rather than over the
sides into our retention basin marked R on the map. This can'be accomplished with
minimal expense to the property owner.
Your consideration of my concern will be appreciated.
.9J.~
rD)~@~ow~rm
lnl MAR 3 1 2005 ~
CITY OF DUBUQUE
PlANNING SERVICES DEPARTMENT
March 28, 2005
Zoning Advisory Commissioners
Planning Services Department
City Hall
Dubuque, Iowa 52001-5864
Dear Sirs,
I wish to go on record as being opposed to the zoning chance proposal put forward by
Pat and Liz Tobin for 1087 Cedar Cross Road. Please review the following before
rendering a decision:
I) The parcel seeking rezoning has not been adequately graded for proper drainage now-
-what about for an intensified use? At our own e~e, we have had toput in a holding
pond to control drainage from Mr. Tobin's land. Silt from his property has already filled
in our "silting pond" above our holding pond During heavy rains we are inundated with
silt run off ever since the land has been stripped of its vegetation and top soil.
2) What about light pollution? Noise pollution?
3) What about safety and security as much of the property is remotely situated?
4) How about investigating my concerns on the adjoining property (Julian Nemmers C-S
subdivision) before allowing more intensified zoning to occur in the Cedar Cross
Corridor?
My specific concerns are:
a) Allowing heavy industrial use in a C-S zoned area.
b) Unregulated fill abutting property line with an excessive "angle of repose".
c) Allowing unsightly esthetics along with unregulated run off into the Catfish
Creek.
d) Allowing noise pollution from industrial equipment placed in such a way as to
direct offensive noise away from their C-S zoned property directly toward oW'
property.
Maybe after these items are adequately addressed and only then, should any expansion of
this unregulated mess be even considered. I would really like to have the courtesy of a
reply to my letter. If you would like to have an on site inspection of my conce~ please
contact me at 588-3222.
f6)~~~DW~rm
lll1 APR 4 2005 U!J
CI1Y OF DUBUQUE
PLANNING SERVICES DEPARTMENT
1075 Bonnie Court
Dubuque, IA 52003
March 31, 2005
Dubuque Planning and Zoning Commission
c/o Kyle Kritz
City Hall
50 West 13th Street
Dubuque, IA 52001
Re: Cedar Cross Self Storage
Dear Commissioners:
Cedar Cross Self Storage plans to present a request to the Planning and Zoning
Commission to permit expansion of its operations at 1087 Cedar Cross Road. As a
resident of the neighborhood, I ask that you take several factors into consideration as you
evaluate this request.
Previous expansion at Cedar Cross Self Storage, including the storage of recreational
vehicles, has created an eyesore in the neighborhood. Cedar Cross Self Storage was
asked to screen the business to minimize the effect on nearby homes; however, their
efforts have been inadequate and ineffective. Allowing additional expansion under the
present circumstances would only worsen the effect on the neighborhood.
An adequate screening remedy would serve the interests of both the neighborhood and
the business. I respectfully request that the Commission table the request to expand
unless Cedar Cross Self Storage is committed and required to provide such a remedy.
;;
KATHY flYNN THURLOW
\I: i! T.' ....:i 1
~lli\~'~~;;
98 NOV I 2 PN ~: 04
~:/... Tii Y t 1....... ~:: ~ Ti ::~;i~ LL l,:;
COUliTr' ;;cCOROER
Qua !lOGE co of IOIS~~ fEES
o
\ t.O
Prepared by Attorney Thomas J. Straka, 1141 Main, Dubuque, LA 52001; Telephone: 319/557-1885
PARTIAL VACATION AND RELINQUISHMENT OF EASEMENT
WHEREAS the undersigned party, Par Five L.L.P., is the present
record title owner of the following described real estate:
Lot 2 of Lot 3 of J. George Subdivision in the
City of Dubuque, Iowa, according to the recorded
Plat thereof;
and
WHEREAS the undersigned owners of the aforesaid property do
own and possess a sixty (60.00') foot wide access easement three
hundred ninety-one (391.00') feet in length over and across the
property legally described as:
Lot 1 of Lot 3 of J. George Subdivision in the
City of Dubuque, Iowa, according to the recorded
Plat thereof;
as shown on the survey plat of Lot 3 of J. George Subdivision in
the City of-Dubuque, Iowa, filed November 17, 1995, as Instrument
No. 12114-95 in the records of the Dubuque County Recorder, for
valuable consideration, receipt of which is hereby acknowledged,
do, on behalf of themselves, their heirs, successors, and assigns
\ hereby forever vacate and relinquish the Northwesterly twentY-fiVe)
(25.00 ') feet in width of said easement, retaining only the
Southeasterly thirty-five (35.00') feet in width by three hundred-
ninety-one (391.00') feet in length portion of said easement as
shown on the aforesaid Plat.
By:
?A!))~
Stanley K. Ward
Pl!f?.sr~
By:
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