Request to Rezone_Lot 3 Holliday Drive, Gomer Holliday DevelopmentPlanning Services Department
City Hall
50 West 13th, Street
Dubuque, IA 52001 -4864
(563) 589 -4210 phone
(563) 589 -4221 fax
(563) 690 -6678 TDD
planning @cityofdubuque.org
The Honorable Mayor and City Council Members
City of Dubuque
City Hall — 50 W. 13th Street
Dubuque IA 52001
THE CITY OF
DUB
Masterpiece on the Mississippi
Dubuque
AltilmerIcaLllY
111111
2007
February 3, 2012
Applicant: Gomer Holliday Development, LLC
Location: Lot 3 Holliday Addition (south of Aldi's on Holliday Drive)
Description: To rezone property from PC Planned Commercial District to C -3 General
Commercial 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
Steve Smith, 2150 Tuscany Drive, reviewed his request noting that the subject parcel has split
zoning. He said that he feels the C -3 zoning district would be consistent with the surrounding
zoning and land use.
There were no public comments.
Staff Member Hemenway reviewed the staff report, including the aerial photos and surrounding
zoning and land use. He discussed the allowed uses and bulk standards in both existing C -3
and PC districts, noting that they are similar. He noted that the conditions placed on the existing
C -3 zoning had either been satisfied or were redundant as the UDC required the same
standards.
The Zoning Advisory Commission discussed the request and found it to be appropriate.
Recommendation
By a vote of 4 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,
)1416
Charles Miller, Chairperson
Zoning Advisory Commission
Seivice People Integrity Responsibility Innovation Teamwork
Masterpiece on the Mississippi
D Variance
❑ Conditional Use Permit
DAppeal
['Special Exception
❑Limited Setback Waiver
RRezoning /PUD
Dubuque
N�wan
'111J.'
2007
PLANNING APPLICATION FORM
❑Preliminary Plat
['Major Final Plat
['Minor Final Plat
❑Simple Site Plan
['Minor Site Plan
['Major Site Plan
Please type or print legibly in ink 1"4/a1('
Property owner(s): GCSA L4 h /.Tu
Address: /3.7 /04.<<.s/ �Sl
Fax #: Cell #: Ste. tits
Applicant /Agent:
Address: `3 '7 A11 c/ �5
Fax #: 4t42
❑Simple Subdivision
❑Text Amendment
❑Temporary Use Permit
['Annexation
['Historic Revolving Loan
DHistoric Housing Grant
City of Dubuque
Planning Services Department
Dubuque, IA 52001 -4805
Phone: 563-589-4210
Fax: 563- 589 -4221
planning@cityofdubuque.org
❑Certificate of Appropriateness
❑Advisory Design Review (Public Projects)
['Certificate of Economic Non - Viability
['Historic Designation
D Demolition in Conservation Districts
❑ Port of Dubuque Design Review
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State: 24-- Zip: ,7c9(/
City: I 1 Jt7f.
Cell #: ,6 "6 •7'75yQ - /7eki - E -mail:
Phone:
State: -.L,1- Zip: 6- Lq «I
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Site location /address: t--o"r t i L,- I bG. •r ev Neighborhood Association: /..../0
Existing zoning: '( ' Proposed zoning: 6.- .3 District:
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Landmark: ❑ Yes ,'lo
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Legal Description (Sidwell parcel ID# or lot number /block number /subdivision): lb —ZZ7 - 03
Total property (lot) area (square feet or acres): 1 .
Describe proposal and reason necessary (attach a letter of explanation, if needed): I . 7_6 i J -1c A L_ #./ct
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CERTIFICATION: I /we, the undersigned, do hereby certify /acknowledge that:
1.
2.
3.
4.
It is the property owner's responsibility to locate property lines and to review the abstract for easements and restrictive
covenants.
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.
Property Owner(s):
Date: /)///Q
Applicant /Agent: Date:
FOR OFFICE USE ONLY - APPLICATION SUBMITTAL CHECKLIST
Fee 41 Received by: 610--- •
Date:
Docket:
INN
PAYTON
c
Base Data Provided by Dubuque County GIS
THE CITY OF
DUB
E
Masterpiece on the Mississippi
Dubuque
icy
ter„
2007
Vicinity Map
Applicant: Gomer Holliday Develop-
ment LLC
Location: Lot 3 Holliday Addition
(south of Aldi's on Holliday Drive)
Description: To rezone property from
PC Planned Commercial District to C -3
General Commercial
District.
Legend
Proposed Area to be Rezoned
Zoning
City Limits
Path: H:\Planning Services\Vicinity Maps\ZAC Vicinity Maps \projects \Gomer Holliday Rezoning 01_11_12.mxd
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2090
Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St Telephone: 589 -4210
Return to: Kevin S. Firnstahl, City Clerk Address: City Hall, 50 W. 13th St Telephone: 589 -4121
ORDINANCE NO. 13 -12
AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF
ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED NEAR THE NORTHEAST CORNER OF HOLLIDAY
AND PAYTON DRIVES FROM PC PLANNED COMMERCIAL DISTRICT TO C -3
GENERAL COMMERCIAL DISTRICT.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified
Development Code, is hereby amended by reclassifying the hereinafter described property
from PC Planned Commercial District to C -3 General Commercial District, to wit:
Lot 3 Holliday Addition, and to the centerline of the adjoining public right -of -way, all
in the City of Dubuque, Iowa.
Section 2. The foregoing amendment has heretofore been reviewed by the Zoning
Advisory Commission of the City of Dubuque, Iowa.
Section 3. This Ordinance shall take effect upon publications, as provided by law.
Passed, approved and adopted this loth day of February
Attest:
•
Kevin . irnstahl, ity C erk
Roy D. Bul, Mayor
2012.
OFFICIAL
PUBLICATION
ORDINANCE NO. 13.12
AN ORDINANCE
AMENDING TITLE 16
OF THE CITY OF
DUBUQUE CODE OF
ORDINANCES, UNI-
FIED DEVELOPMENT
CODE, BY RECLAS-
SIFYING HEREIN-
AFTER • DESCRIBED
PROPERTY LOCATED
NEAR THE NORT-
HEAST CORNER OF
HOLLIDAY AND
PAYTON DRIVES
FROM PC PLANNED
COMMERCIAL DIS-
TRICT TO C-3 GEN-
ERAL COMMERCIAL
DISTRICT.
NOW, THEREFORE, BE
• IT ORDAINED BY THE
CITY COUNCIL OF THE
CITY OF DUBUQUE,
IOWA
Section 1. That Title
16 of the City of of
Ordinances, Code nified
Development Code, is
hereby amended by
reclassifying the
hereinafter described
property from PC
Planned Commercial
District to C -3 General
Commercial District, to
wit
Lot 3 Holliday
Addition, and to the
centerline of the
adjoining public right -
of -way, all in the City
of Dubuque, Iowa
Section 2. The
foregoing amendment
has heretofore been
reviewed by the Zoning
Advisory Commission
of the City of Dubuque,
Iowa.
Section 3. This
Ordinance spa take
effect upon publica
tions, as provided by
law.
Passed, approved and
adopted the 20th day
of February, 2012.
' /s/Roy D. Buol, Mayor
Attest /s /Kevin S.
Firnstahl, City Clerk
Published officially in
the Telegraph Herald
Newspaper on the 24th
day of February, 2012.
/s /Kevin S. Firnstahl,
City Clerk
It 2/24
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa
corporation, publisher of the Telegraph Herald,a newspaper of general circulation
published in the City of Dubuque, County of Dubuque and State of Iowa; hereby
certify that the attached notice was published in said newspaper on the following
dates: February 24, 2012, and for which the charge is $14.70.
Subscribed to before me, a Not y Public in and for Dubuque County, Iowa,
thisc:11/z9 day of
, 20 he .
Notary Public in and for Dubuque County, Iowa.
MARY K, VWESTERMEY a
Commisalon t�!uMbet 154P,85
Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St Telephone: 589 -4210
Return to: Kevin S. Firnstahl, City Clerk Address: City Hall- 50 W. 13th St Telephone: 589 -4121
ORDINANCE NO. 54 -11
AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF
ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RESCINDING ORDINANCES
15 -99 AND 03 -02, WHICH ESTABLISHED REGULATIONS FORA PLANNED UNIT
DEVELOPMENT WITH A PLANNED COMMERCIAL DESIGNATION, LOCATED AT
THE SOUTHWEST CORNER OF THE NORTHWEST ARTERIAL AND ASBURY
ROAD AND ADOPTING A REVISED ORDINANCE ALLOWING MINI - WAREHOUSING
AS A PERMITTED USE AND AMENDING THE MAXIMUM BUILDING HEIGHT.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified
Development Code, is hereby amended by rescinding Ordinances 15 -99 and 03 -02
which established regulations for the existing Planned Unit Development and now being
revised to allow mini - warehousing as a permitted use and amending the maximum
building height.
Lot 2 and Lot 3 of Holliday Addition and Lot 1, Lot 1 of 2, and Lot 2 of 2 Holliday
2nd Addition, and to the centerline of the adjoining public right -of -way, all in the
City of Dubuque, Iowa.
A. Use Regulations
The following regulations shall apply to all uses made of land in the above
described PUD District:
1. Principal permitted uses of the lots designated for commercial
development shall b e limited to:
a. General office
b. Medical office /clinic
c. Dental /medical lab
Mini - warehousing SW corner of NW Arterial & Asbury Road Page 2
d. Personal services
e. Barber /beauty shop
f. Motel
g. Gas station
h. Retail sales /service
i. Laundry/dry cleaner
j. Shoe repair
k. Bakery (wholesale /commercial)
I. Indoor restaurant
m. Bar /tavern
n. Automated gas station
o. Service station
p. Supermarket
q. Tailoring /alterations
r. Furniture /home furnishing
s. Appliance sales /service
t. Catalog center
u. Drive -in /carry -out restaurant
v. Drive -up automated bank teller
w. Self- service carwash
x. Neighborhood shopping center
y. Business services
z. Department stores
aa. Banks /savings and loans, and credit unions
bb. Indoor amusement center
cc. Vending /game machine sales and service
dd. Indoor recreation facilities
ee. Mail order houses
ff. Lumberyards /building materials sales
gg. Printing /publishing
hh. Full- service carwash
ii. Auto sales /service
jj. Motorcycle sales and service
kk. Local shopping center
II. Mini - warehousing (Lot 1 Holliday 2' Addition only)
2. Accessory uses shall include any use customarily incidental and
subordinate to the principal use it serves.
B. Lot and Bulk Regulations
Development of land in the PUD District shall be regulated as follows:
1. All building structures and activities shall be located in accordance With
provisions of the PUD District regulations of this ordinance.
2. All buildings and structures located on lots designated for commercial
development shall meet bulk regulations set forth in the Unified
REZONING STAFF REPORT Zoning Agenda: February 1, 2012
Property Address:
Property Owner:
Applicant:
Lot 3 Holliday Addition (south of Aldi's on Holliday Drive)
Gomer Holliday Development, LLC
Gomer Holliday Development, LLC
Proposed Land Use: Commercial
Existing Land Use: Vacant
Adjacent Land Use: North — Commercial
East — Right -of -Way
South — Commercial
West - Commercial
Proposed Zoning: C -3
Existing Zoning: PC
Adjacent Zoning: North — PC
East — PC
South — C -3
West — PC
Former Zoning: 1934 — County AG; 1975 — County AG; 1985 — AG
Total Area: 1.5 acres
Property History: The property was located in the County and under cultivation and was
annexed into the City circa 1979. The property was subdivided circa 1995 as a part of
the Holliday Addition Subdivision and commercial development was started in the area
in 2000. The property has been vacant since it was originally subdivided.
Physical Characteristics: The property is a 1.5 acre level lot with approximately 260
frontage along Holliday Drive, Payton Drive and the Northwest Arterial.
Concurrence with Comprehensive Plan: The Comprehensive Plan calls for this area
to be developed commercially.
Impact of Request on:
Utilities: Existing utilities are adequate to serve the site.
Traffic Patterns /Counts: Holliday Drive is a minor arterial with a full access onto
Asbury Road and the Northwest Arterial at Payton Drive and with a right -in right -out
access inbetween. There are no traffic counts for Holliday Drive at this location;
however, there are 18,600 vehicle trips per day directly adjacent to the subject
property on the Northwest Arterial and 12,100 vehicle trips per day along Asbury
Road at the north terminus of Holliday Drive. The development of this property
should have very limited impact on the overall traffic on the surrounding streets.
Public Services: Existing public services are adequate to serve the site.
Rezoning Staff Report— Lot 3 Holliday Addition Page 2
Environment: Staff does not anticipate any adverse impact to the environment
provided adequate erosion control and storm water control is provided during all
phases of development. Comprehensive storm water detention has been provided
for this subdivision.
Adjacent Properties: The subject parcel is bordered on three sides by somewhat
intense commercial and commercial service development, and on the 4t" side by
the four -lane divided Northwest Arterial. Therefore, development of this property
should have limited impact on the adjacent properties.
CIP Investments: None proposed.
Staff Analysis: The applicant is proposing to rezone approximately a 1.5 acre parcel
located at the corner of Payton Drive and Holliday Drive from PC Planned Commercial
to C -3 General Commercial zoning district. The zoning lot has split zoning with 235 feet
of frontage along Holliday Drive zoned PC and the remaining 45 feet of the lot currently
zoned C -3 General Commercial. Access to this parcel, when developed, would be
taken from Holliday Drive.
Currently, there are 35 permitted uses under the existing PC which include a mix of
commercial and commercial service -type uses. If rezoned, 53 uses would be permitted;
however, this does not necessarily mean that there are 18 additional uses in the C -3
District. As an example, in the Unified Development Code, all vehicle sales including
motorcycles, rvs and automobiles have been lumped in to one category such as vehicle
sales. Also, the C -3 District construction supplies, contractor shop /yard, pet daycare or
grooming have all been lumped into retail sales and services and railroads are public
utilities that, while not listed in the Planned Commercial District, are allowed by right.
Places of religious exercise or assembly, moving or storage facilities, mini - warehousing,
mortuary and funeral home are all uses that are shown permitted in the C -3 District but
were not included as permitted uses in the original PC District.
The bulk standards established for the PC District regarding setbacks and height are
very similar to those listed in the C -3 District; therefore, a rezoning of this property
would represent minimal change to the way it could be developed both physically and
from a use standpoint. All the property up and down along Holliday Drive has been
developed for commercial purposes that would fit well under the existing C -3 zone.
Access to this parcel would be taken from Holliday Drive and could be configured to
meet the required spacing distance from the intersection of Payton Drive.
Staff anticipates the rezoning would create very limited or any additional impact to the
adjacent commercial development and would be in harmony with the character of this
commercial neighborhood.
Staff recommends that the Zoning Advisory Commission review the criteria established
in Article 9.5 of the Unified Development Code regarding reclassification of property.
Rezoning Staff Report — Lot 3 Holliday Addition Page 3
Prepared by: tsn ice Reviewed:
ate: l -
f:\ users \kmunson \wp \boards- commissions\zac \staff reports\zac staff reports
2012\gomer holliday drive rezoning 01_25_12 stf rpt.doc
5 -13 C -3 General Commercial
The C -3 District is intended to provide locations for commercial uses which are designed to
serve the motoring public or uses requiring highway or arterial locations.
5 -13.1 Principal Permitted Uses
The following uses are permitted in the C -3 district:
1. Agricultural supply sales
2. Animal hospital or clinic
3. Artist studio
4. Auditorium or assembly hall
5. Bakery (wholesale /commercial)
6. Bank, savings and loan, or credit union
7. Bar or tavern
8. Barber or beauty shop
9. Business services
10. Carwash, full service
11. Carwash, self service
12. Construction supply sales or service
13. Contractor shop or yard
14. Dental or medical lab
15. Department store (60,000 square feet maximum)
16. Farm implement sales or service
17. Furniture upholstery or repair
18. Gas station
19. General office
20. Grocery store
21. Hotel
22. Indoor amusement arcade
23. Indoor recreation facility
24. Indoor restaurant
25. Indoor theater
26. Laundry, dry cleaner, or laundromat
27. Medical office
28 Mini - warehouse
29. Mobile or manufactured home sales or service
30. Mortuary or funeral home
31. Moving or storage facility
32. Museum or library
33. Neighborhood shopping center
34. Parking structure
35. Pet daycare or grooming
36. Photographic studio
37. Place of religious exercise or assembly
38. Printing or publishing
39. Private club
40. Public or private park, golf course, or similar natural recreation area
41 Railroad or public or quasi - public utility, including substation
42. Residential use above the first floor only
43. Restaurant, drive in or carryout
44. Retail sales and service
45. School of private instruction
46. Service station
47. Vehicle body shop
48. Vehicle sales or rental
49. Vehicle service or repair
50. Vending or game machine sales or service
51. Wholesale sales or distributor
52. Tattoo parlor
53. Tour home
5 -13.2 Conditional Uses
The following conditional uses may be permitted in the C -3 District, subject to the provisions of
Section 8 -5:
1. Licensed adult day services
2. Licensed child care center
3. Outdoor recreation or outdoor amusement center
4. Passenger transfer facility
5. Wind energy conversion system
5 -13.3 Accessory Uses
The following uses are permitted as accessory uses as provided in Section 3 -7:
1. Any use customarily incidental and subordinate to the principal use it serves.
2. Wind turbine (building- mounted).
3. Crematorium accessory to a mortuary or funeral home.
5 -13.4 Temporary Uses
Temporary uses shall be regulated in conformance with the provisions of Section 3 -19.
5 -13.5 Parking
Minimum parking requirements shall be regulated in conformance with the provisions of Article
14.
5 -13.6 Signs
Signs shall be regulated in conformance with the provisions of Article 15.
5 -13.7 Bulk Regulations
C3 General Commercial
Min Lot Min Lot Max Lot
Area Frontage Coverage
(square (% lot
feet) (feet) area)
Setbacks
Front (feet)
Min
Max
Licensed Childcare
Center, licensed adult
day services 5,000 50 50 j 20 - --
Vehicle Sales 20,000 1 - -- ( - -- 20
All Other Uses 1 I , 20 - - --
I When abutting a residential or office residential district, a 20 foot side setback is required
2 When abutting a residential or office - residential district, a 20 foot rear setback is required.
Min
Side I
(feet)
Min Rear 2
(feet)
Max
Height
(feet)
40
40
40