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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 ~<IN-~ 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. (--, Respectfully submitted, /':1 ~1 (-.J ' ,;;cJ/ ;;;f,GeZJ Jeff Stiles . Chairperson (1.': 1- Zoning Advisory Commission lLi Attachments Service People Integrity Responsibility Innovation Teamwork _!(:.I.:.a":lI.~. II,t..'....Itll~..~:I~ iiRI:-."Im"...1 ~mi1Ii1i1.lramll.'I'JlI[:.III_51.'I'Iu-'.'( Jun 30 05 02:45p Plannin~ Services 5635894221 p. 1 DU~~E ~~~ 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 =~S)'::,~J;:k~:;~ . Phone~OO State:~ ZiP:-LJ (()B 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: ... 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): l\J)Ilf\1 q,.1 ~~ 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: ~;;,. ~-- DU'i3~E ~~~ 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. KLKlmkr Attachments ~1 ~ r () ...J ...J c.~ ca 0- :E.g O. ~~ . - :::J C ~ .- <( u . - ..... > i o a. a. <( <]z C> c '0.. a. o ..c: en CU N CU a.. ~ :::J .0 U) <( c o L- +:;0> CU .....C o o 0> ...JU ~ ~ "8 :::J E .0 . ..; U) __o.......c: <( - ..... ..c: C> ~ 0> C C>.- "'C C C 0 .- 0> C:::) c: . - 0> ..c: 0> CU ..... ..c: E~a:~c>~ CU c:,,, .c>.~ ~ oC:\JU)"'C- a.. 0> - .- .... cu:;:a "'C '::; :::J ..0- c:_.o.o 5 0 O>.~ E E . - ::) E ~ :::J E:::J :a a.. g- 0> E :::J (; CU 0> E.:!.- U)N>Ex~ o>cuo>ocuE oa..ouE o :::::> a.. co N co a.. ~ ::J .c en <( ~ co "'0 C ::J o m C> c c o N :>. ~ () fIT8lD lliiliJ en :!::: E ~ ::J .c en <( ~ o :>. :!::: () :>. ~ () ~ ~. U) o I I I I I I I I I I l.----, I I I I I I I I I I I I I I I I I I I I I I I I I I I I ::::l a. I I I I I I I I I I I I I I I I I ..-J \ ~ ~~ ill! o 'r Ii: . .;. i:; . ;", ~ o a. IX a. ~ /' /' /' /' /' /' /' I I \ N ~- ?.'i P1KlA. JQUt.,IOWp.. 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.