Zoning Asbury Plaza PUD Furniture Row
Planning Services Deparbnent
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
THE CITY OF (~.~..'
DUWt,RfE
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August 8, 2005
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque IA 52001
RE: Amend PUD
Applicant: Asbury Dubuque LLC
Location: Asbury Plaza Shopping Center
Description: To amend Asbury Plaza PUD Planned Unit Development/PC Planned
Commercial designation to modify maxiumum building height.
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 need for splitting the subject lot
to facilitate development of Furniture Row.
Staff reviewed the existing layout of parcels and noted that the plat is in compliance with
Subdivision regulations.
There were no public comments.
The Zoning Advisory Commission discussed the request, noting that
Recommendation
By a vote of 7 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.
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Respectfully submitted,
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Jeff Stiles . Chairperson (1.': 1-
Zoning Advisory Commission
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Oty of Dubuque
Planning Services Department
Dubuque, LA 52001-4864
Phone: 563-589-4210
Fax: 563-589-4221
PLANNING APPLICATION FORM
o Variance
OConditional Use Permit
OAppeal
OSpecial Exception
OUmited Setback Waiver
o Rezoning
OPlanned District
OPreliminary Plat
OMinor Final Plat
Orext Amendment
OSimple Site Plan
OMinor Site Plan
o Major Site Plan
o Major Final Plat
DSimple Subdivision
OAnnexation
OTemporary Use Permit
OCertiflc:ate of Economic Non-Viability
OCertiftc:ate of Appropriateness
OOther:
Please tvoe or Drint (eqiblv in ink
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Fax Number: SI6 - B~~ - B;l'11 Mobile/Cellular Number:
Applicant/Agent: 3.,t ~~-('\ ~. P~Lr Phone:~It; -:~1:.2l~'
Address: --Sf\ m f; Oty: State: _ Zip:
Fax Number: Mobile/Cellular Number:
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Site IoGltion/address: Pobu..r~ (7t~ ShawLn~ Q\~'1>(l ~
Existing zoning: P L Proposed zoning: tJl\ Historic District: tV A landmark: ~
legal Oesaiption (Sidwell parcel 10# or lot number/b1od< number/subdivision):
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Total property (lot) area (square feet or acres): 60 ~.A.c..rJ~
Desoibe proposal and reason necessary (attach a letter of explanation, if needed):
CERTIACATION: I/we, the undersigned, do hereby certify that:
1. The information submitted herein is true and correct to the best of rJ'rf/our knowledge and upon
submittal becomes public record;
2. Fees are not refundabfe and payment does not guarantee approval; and
3. All additional required written and graphic materials are attached.
Property Own~s): ~A~ ~ON
Applicant/Agent: President of it';;. Man:.1ger,
Rublott Development Group, Inc.
:1- FOR OFFIce V-tY~lJCAnON SUBMITTAL CHECKLIST
Fee.:I~~ Received by: .. Date: ?S.O'5 Docket:
OSite/sketch plan OConceptual Development Plan Dphoto Dlmprovement plans
ODesign review project desoiption DAoor plan OPlat DOtt1er:
Date:
Date:
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MEMORANDUM
July 26, 2005
FROM:
Zoning Advisory Commission
Kyle L. Kritz, Associate Planner "X7. ~
TO:
SUBJECT: Amendment to the Asbury Plaza Shopping Center ,Planned Unit Development
INTRODUCTION
Asbury Dubuque LLC is proposing to amend the Asbury Plaza Planned Unit Development
to increase the allowed building height on out lots. The PUD Ordinance for Asbury Plaza
was originally approved in 1996 and then amended in 1999 when the shopping center
expanded by approximately 90 acres. Subsequently the PUD ordinance has been
amended two other times - once to amend the regulations regarding wall-mounted signage,
and the second to permit convenience store/gas stations as a permitted use in the shopping
center.
DISCUSSION
Asbury Dubuque, LLC is requesting an amendment to the Asbury Plaza Shopping Center
PUD Ordinance that would permit an increase in the allowed height limit for an out lot at the
north end of the plaza. Lot 2 Asbury Plaza No. 14 is approximately five acres in size and
will be sold to Furniture Row. The typical store design for Furniture Row calls for a 35-froot
building height. The existing regulations on out lots restrict the building height to 25 feet.
The owners of Asbury Plaza are seeking an amendment to only allow the increased height
limit on Lot 2 to accommodate Furniture Row's building design.
The restriction on out lot building height was dictated by the original developer of Asbury
Plaza, Wendell Corey. The intent of the regulation was to ensure that there was adequate
visibility over the out lot buildings to the main line of shopping center tenants, such as Old
Navy, Michael's, Kohl's, etc. The proposed amendment would not severely impact the
visibility into the shopping center as the only parcel affected is on the extreme north end of
the property.
RECOMMENDATION
Planning staff recommends that the Zoning Advisory Commission review the submitted
information for the proposed PUD amendment for Asbury Plaza Shopping Center and make
a recommendation to the City Council.
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Attachments
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Prepared by: Laura Carstens. City Planner Address: 50 W. 13th St.. City Hall Telephone: 589-4210
ORDINANCE NO. 51 -05
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF
THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING
HEREINAFTER DESCRIBED PROPERTY LOCATED AT THE NORTHWEST
CORNER OF ASBURY ROAD AND THE NORTHWEST ARTERIAL TO AMEND
ORDINANCE NO. 44-99 THAT ESTABLISHED THE PUD PLANNED UNIT
DEVELOPMENT DISTRICT FOR ASBURY PLAZA AND AMENDING THE
BUILDING HEIGHT RESTRICTION FOR OUT LOTS.
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 providing for the amendment of Ordinance
No. 44-99, which adopted regulations for the Asbury Plaza Planned Unit Development
District for hereinafter described property, as shown on 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 the reclassification, the undersigned property owner agrees to the following
conditions, all of which the property owner further agrees are reasonable and imposed
to satisfy the public needs that are caused directly by the zoning reclassification:
B. Lot and Bulk Reoulations
Development of land in the PUD District shall be regulated as foHows:
1) All shopping center buildings, structures and activities shall be
developed 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 Section 3-5.5 of the Zoning Ordinance.
2) All shopping center buildings and structures shall be limited to a
maximum height of 40 feet.
3) All buildings and structures located on out lots shall be developed in
compliance with the bulk regulations of the C-3 General Commercial
District, except maximum height, as established in Section 3-3.3 of the
Zoning Ordinance.
Ordinance No.
Page 2
-05
4)
All retail commercial buildings and structures located on out lots shall
be limited to a maximum height of 25 feet, except Lot 2 Asbury Plaza
No. 14, shall have a maximum height of 35 feet.
Section 3. The foregoing amendment has heretofore been reviewed by the Zoning
Advisory Commiss.ion of the City of Dubuque, Iowa.
Section 4. The foregoing amendment shall take effect upon publication, as
provided by law.
Passed, approved and adopted this 15th day of August 2005.
Terrance M. Duggan, Mayor
Attest:
:
3eanne F. Schneider, City Clerk
ACCEPTANCE OF ORDINANCE NO.
-05
(I) Steve St. James, representing Rubloff Development Group, Inc., property
owner, having read the terms and conditions of the foregoing Ordinance No. -05
and being familiar with the conditions thereof, hereby accept this same and agree to the
conditions required therein.
Dated in Dubuque, Iowa this
day of
2005.
By
Steve St. James
EXHIBIT A
Legal Description Asbury - Furniture Row Property:
Part of Lot 5 in Asbury Plaza No. 12 and part of Lot 2 in Helen E. and Mary H. Stewart
Subdivision, No.2, City of Dubuque, Dubuque County, Iowa, more particularly
described as follows: Beginning at the northwest corner of Lot 1 of Lot 2 of Lot 1 of the
East Half of the Southwest Quarter of section 16, Township 89 North, Range 2 East of
the 5th P.M.; thence S0151 '01"W, 107.03 feet to the northerly right of way line of the
Northwest Arterial,: thence S6653'30"W, 319.40 feet along said right of way line; thence
N2339'00"W 608.78 feet; thence N7215'05"E, 374.89 feet; thence S2440'52"E, 483.97
feet to the north line of said Lot 1 of Lot 2 of Lot 1; thence N8927' 16"W, 17.71 feet
along said north line to the point of beginning, containing 5.04 acres.