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Request to Rezone_McCoy Family Properties, 10785 U.S. Route 61, Truck CountryPlanning Services Department City Hall 50 West 13111 Street Dubuque, IA 52001 -4864 (563) 589-4210 phone (563) 589-4221 fax (563) 690 -6678 TDD planning@citvofdubuque.org The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 13th Street Dubuque IA 52001 Applicant: Location: Description: Dubuque inaelcagep avi-mn •mn Masterpiece an he Mississippi December 10, 2013 McCoy Family Properties, LLC 10785 U.S. Route 61 To rezone the property located at 10785 U.S. Route 61 to C -3 General Commercial zoning district concurrent with annexation. 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's representative, Peter Arling, spoke in favor of the request, reviewing the location of the property, ownership, and that the rezoning request is part of annexing the property to the city of Dubuque. Staff reviewed the staff report, reviewing surrounding zoning and land use, allowed uses in the C -3 General Commercial District, and access to the property. Staff reviewed the existing corporate boundaries. There were no public comments. The Zoning Advisory Commission discussed the request, and asked if the City's screening requirements are triggered by the rezoning. Staff indicated screening requirements would be triggered by a building expansion. 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, Patrick Norton, Chairperson Zoning Advisory Commission Attachments Service People Integrity Responsibility Innovation Teamwork THE CITY OF DUB Masterpiece on the Mississippi DVariance ❑Conditional Use Permit DAppeal ❑Special Exception ['Limited Setback Waiver ®Rezoning /PUD /ID Dubuque *it it PLANNING APPLICATION FORM ❑Preliminary Plat DMajor Final Plat ['Minor Final Plat ❑Simple Site Plan DMInor Site Plan ❑Major Site Plan ❑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@cityofdubu4 ue.orci DCertiflcate of Appropriateness ['Advisory Design Review (Public Projects) DCertificate of Economic Non - Viability ❑Historic Designation ❑Demolition in Conservation Districts ['Port of Dubuque Design Review please type or print legibly in ink Property owner(s):McCoy Family Properties, Wausau Ltd. Partnership/Truck Country of Iowa. Inc. Phone: Address: 2099 South Park Ct, Ste. 2 City: Dubuque Fax #: 563 - 556 -3773 State: IA Zip: 52003 Cell #: E -mall: Applicant/Agent: Peter Ariina, O'Connor & Thomas, P.C. Phone: 563- 557 -8400 Address: 700 Locust St, Ste 200 City: Dubuque Fax #: Site location /address: Cell #: E -mail: 10785 Highway 61 South Existing zoning: County Proposed zoning: State: IA parlingt octhomaslaw.com Neighborhood Association: N/A C -3 District: N/A Zip: 52001 Landmark: ❑ Yes ® No Legal Description (Sidwell parcel ID# or lot number /block number /subdivision): See Exhibit A Total property (lot) area (square feet or acres): 16.08 acres Describe proposal and reason necessary (attach a letter of explanation, if needed): Request to rezone subiect property to C -3 General Commercial•District in coniunction with annexation of the property into the Clty of Dubuque. CERTIFICATION: I /we, the undersigned, do hereby certify /acknowledge that: 1. R is the property owner's responsibility to locate property lines and to review the abstract for easements and restrictive covenants. 2. The information submitted herein is true and correct to the best of my /our knowledge and upon submittal becomes public record; 3. Fees are not refundable and payment does not guarantee approval; and 4. All additional required written and graphic materials are attached. Property Owner(s): Le_ Q ht-c.�h Applicant/Agent: FOR OFFICE USE ONLY — APPLICATION SUBMITTAL CHECKLIST Fee: Received by: Date: Date: Date: /l' V:13 13 Docket: Planning Application Form Certification: McCoy Family Properties: Wausau Wausau Limited Partnership: Truck Country of Iowa, Inc.: Air THE CITY OF Dui E Masterpiece on the Mississippi Applicants: Location: Description: Vicinity Map McCoy Family Properties 10785 U.S. Route 61 South Dubuque bitzl 111 1r 2007 • 2012 • 2013 To zone the property pending annexation from Dubuque County B1, Business zoning district, to City of Dubuque C -3 General Commercial zoning district Legend 10785 US Route 61 South DISCLAIMER: This information was compiled using the Dubuque Area Geographic Information System ( DAGIS). which Includes data created by both the City of Dubuque and Dubuque County. It is understood that. while the Clty of Dubuque and participating agencies utiized the most current and accurate Information available, DAGIS and Its suppliers do not warrant the accuracy or currency of the Information or date contained herein. The City and pertidpeting agendes shall not be held Sable for any direct, Indirect. Inddental, consequerD al, punitive. or special damages. whether foreseeable or unforeseeable. arising out of the authorized or =authorized use of tits data or the Inability 10 use this data or out of any breach of warranty whatsoever. Base Data Provided by Dubuque County GIS Path: H:1Planning Services \EVBIArcGISMaps \Vicinity Map_McCoyFamilyProperties.mxd 1:5,000 NORTH Page 1 of 1 Kyle Kritz - Truck Country From: "Loral Pape" <lpape @papetransfer.com> To: <lcarsten @cityofdubuque.org> Date: 11/19/2013 1:29 PM Subject: Truck Country Truck County has been an outstanding neighbor for the last 25 years I've owned the adjoining property. If there's a problem they address it. They keep their facility looking nice and the grass mowed. I have no problem with the Zoning Change. Loras Pape Pape Grain Company 1080 East 12th Street Dubuque, IA 52001 563 - 588 -1435 Click here to report this email as spam. TC©E D D NOV 20 c'013 CITY OF DUBUQUE PLANNING SERVICES DEPARTMENT file: / / /C: /Users /klu•itz /AppData/Local/ Temp /XPgrpwise /528B99ABDBQ_DODBQ_PO 1... 11/20/2013 REZONING STAFF REPORT Zoning Agenda: December 4, 2013 Property Address: 10785 Highway 61 South Property Owner: McCoy Family Properties, Wausau Limited Partnership, and Truck Country of Iowa, Inc. Applicant: Peter Arling, O'Connor & Thomas, P.C. Proposed Land Use: Commercial Proposed Zoning: C -3 Existing Land Use: Commercial Existing Zoning: County B -1 Adjacent Land Use: North — Commercial /residential Adjacent Zoning: North — B -1/R -1 East — Commercial /vacant East — B -1/R -3 South — Commercial South — B -1 West — Residential /commercial West — B -1/R -3 Former Zoning: 1934 - County 1975 — County 1985 — County Total Area:16.08 acres Property History: The north portion of the property was initially developed for commercial use in the 1980s. The south portion of the property was subsequently developed in the 1990s for expansion of Truck Country. Physical Characteristics: The subject property has frontage on U.S. Highway 61/151, is 16 acres in size, and generally drains to the southeast. Access to the property is from U.S. Highway 61 and Lake Eleanor Road. Concurrence with Comprehensive Plan: The 2030 Future Land Use Map designates this property for commercial use. The proposed rezoning supports the following Comprehensive Plan Goals Land Use Goals 2.2 and 7.5. Impact of Request on: Utilities: City water has been extended to serve the subject property. City sanitary sewer is planned to be extended in the near future. Traffic Patterns /Counts: The 2009 IDOT Traffic Counts indicate 17,000 average daily trips for U.S. Highway 61. Public Services: Existing public services can serve the subject property. Rezoning Staff Report - 10785 Highway 61 South (Truck Country) Page 2 Environment: Staff does not anticipate any adverse impact to the environment, provided that during any future development or redevelopment of the property, the City's erosion control and storm water management regulations are complied with. Adjacent Properties: Planning staff does not anticipate any significant negative impacts to adjacent properties upon annexation or rezoning to C -3 General Commercial District. Staff Analysis: The applicant is requesting rezoning of an approximately 16 -acre parcel from County B -1 Business District to City C -3 General Commercial District in conjunction with annexation to the city of Dubuque. The Zoning Advisory Commission is being asked to review the proposed rezoning and make a recommendation to the City Council. Attached to this staff report is a City map that shows the Truck Country property to be rezoned and annexed to the City of Dubuque, as well as aerial photos of the area that show the existing property and surrounding land uses. In addition, a copy of the C -3 General Commercial District regulations is attached to this staff report. The requested rezoning from County B -1 Business to City C -3 General Commercial District allows the existing commercial business to be legally conforming upon annexation into the city of Dubuque. The C -3 General Commercial District allows for a wide range of retail and retail service type uses that include vehicle sales and service, restaurants, and retail stores. The C -3 General Commercial District is typically applied to properties along major highways and arterials. The subject property is surrounded by a mixture of commercial and residential land uses. The surrounding uses primarily take their access off of Key West Drive or Lake Eleanor Road. The subject property is at a lower grade level when compared to the adjacent residential and commercial uses fronting on Key West Drive. Planning staff does not anticipate any impact to adjacent land uses with the annexation and rezoning of the parcel, as the operation of Truck Country will remain the same. Any future redevelopment of the property will be required to comply with the provisions of the City of Dubuque Unified Development Code. Planning staff recommends that the Zoning Advisory Commission review Section 9 -5 of the Unified Development Code that establishes the criteria for reviewing rezoning requests. Prepared by: eviewed: ��` Date: /1-27 -f3 bni:3..:;ic: Section 2 -Land Use Regulations Article 5: Zoning Districts Department store Indoor amusement arcade P1ini warehouse Vehicle sales or rental 74 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 niecnror DUB Section 2 —Land Use Regulations Article 5: Zoning Districts 46. Service station 47. Tattoo parlor 48. Tour home 49. Vehicle body shop 50. Vehicle sales or rental 51. Vehicle service or repair 52. Vending or game machine sales or service 53. Wholesale sales or distributor 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. Crematorium accessory to a mortuary or funeral home 3. Wind turbine (building- mounted) 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. 543.6 Signs Signs shall be regulated in conformance with the provisions of Article 15. TIE CRY OF DUB rty Line -1 Section 2 —Land Use Regulations 5 -13.7 Bulls Regulations Article 5: Zoning Districts C -3 General Commercial Min Lot Area (square feet) Min Lot Frontage (feet) Max Lot Coverage (% lot area) Front (feet) Min Setbacks Max Min Rear Min Side 1 2 (feet) (feet) Max Height (feet) Licensed adult day services, Licensed child care center 5,000 50 50 20 - -- - -- - -- 40 Vehicle sales 20,000 - -- - -- 20 - -- - -- - -- 40 All Other Uses - -- - -- - -- 20 - -- -- - -- 40 ' When abutting a residential or office- residential district, a 20 foot side setback is required. When abutting a residential or office- residential district, a 20 foot rear setback is required. Lot Area 'r•-- Lot Frontage Street Buildable Area IIIIIIIIIII!II IIIIIIIII V;Gt, I Required Front 5e k; Street TT11uit Midoint Shed Roof �---•-..., Midpoint Height 1 Gable or Iiip Roof — 1 — Deckline i•-•---------"---Nr. Height Mansard or Gambrel Roof (Highest Level Height 4. Flat Roof Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St Telephone: 589 -4210 Return to: Kevin Firnstahl, City Clerk Address: City Hall, 50 W. 13th St Telephone: 589 -4121 ORDINANCE NO. 1 -14 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 10785 HIGHWAY 61 SOUTH FROM COUNTY B -1 BUSINESS DISTRICTS TO CITY OF DUBUQUE C -3 GENERAL COMMERCIAL DISTRICT, CONCURRENT WITH ANNEXATION. WHEREAS, McCoy Family Properties, Wausau Limited Partnership, and Truck Country of Iowa, Inc., property owners, have requested rezoning, concurrent with annexation to the city of Dubuque, in accordance with Section 16 -9 -5 of the City of Dubuque Code of Ordinances. 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, the Unified Development Code, is hereby amended by reclassifying the hereinafter- described property from County B -1 Business District to City of Dubuque C -3 General Commercial District, to wit: Lot 2 of McCoy Place and Lot 3 of the NW 1/4 all in Section 12 Township 88 North, Range 2 East of the 5th P.M. according to the plats thereof in Dubuque County, Iowa, subject to highway and easements of record; Lot 2 -1 -1 -1 of the NW % of Section 12 Township 88 North, Range 2 East of the 5th P.M., according to the United States Government Survey and the recorded plats thereof subject to highway and easements of record; Lot 1 of McCoy Place; Lot 2 of Lot 1 of Lot 1 of Lot 2 of Lot 2 of Lot 2 of the NW 1/4 all in Section 12, Township 88 North, Range 2 East of the 5th P.M. according to the United States Government Survey and the recorded plats thereof subject to highway and easements of record; Lots A and D of Waller Street Subdivision, all in Section 12 Township 88 North, Range 2 East of the 5th P.M. according to the plats thereof in Dubuque County, Iowa, Ordinance No. 1 -14 Page 2 Truck Country Rezoning subject to highway and easements of record; and to the centerline of the adjoining public right -of -way, all in the City of Dubuque, Iowa. Section 2. That 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 immediately upon publication, as provided by law, and at such time that the herein described property is legally annexed into the city of Dubuque. Attest: Passed, approved and adopted this 6t" day of January, 2014. Kevin . Firnstahl, City Jerk OFFICIAL PUBLICATION ORDINANCE NO. 1-14 AN ORDINANO[ -, AMENDING TITLE 16 OF THE CITY OF DU- BUQUE CODE OF OR- i DINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSI- FYING HEREINAFTER ' DESCRIBED PROPER- TY LOCATED AT 16785 HIGHWAY 61 SOUTH FROM COUN- TY 8-1 BUSINESS DIS- TRICTS TO CITY OF DUBUQUE C -3 GENER- AL COMMERCIAL DIS- TRICT, CONCURRENT WITH ANNEXATION. i - WHEREAS, McCoy Family Properties, Wausau Limited Part- nership, and Truck Country of Iowa, Inc., property owners, have requested rezoning, concurrent with annex- ation to the city of Du- buque, In accordance 1 with Section 16 -9 -5 of 1 the City of Dubuque Code of Ordinances. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IO- WA: Section 1. That Title 16 of the City of Dubu- que Code of Ordinan- ces, the Unified Devel- opment Code, is here- by amended by reclas- sifying the hereinafter - described property from County B -1 Busi- ness District to City of Dubuque C -3 General Commercial District, to wit: Lot 2 of McCoy Place and Lot 3 of the NW IA all ih Section 12 Town- ship 88 North, Range 2 East of the 5th P.M. ac- cording to the plats thereof in Dubuque County, Iowa, subject to highway and ease- ments of record; Lot 2- 1 -1 -1 of the NW I of i Section 12 Township 88 North, Range 2 East of the 5th P.M., according 1, to the United States •Government Survey and the recorded plats thereof subject to high- way and easements of record; Lot 1 of McCoy Place; Lot 2 of Lot 1 of Lot 1 of Lot 2 of Lot 2 of Lot 2 of the NW 1/4 all in Section 12, Township .88 North, Range 2 East of the 5th P.M. accord- ing to the United States Government Survey and the recorded plats thereof suh tto high- way and easements of record; Lots A and D of Waller Street Subdivi- sion, all in Section 12 Township 88 North, Range 2 East of the 5th P.M. according to the plats thereof In Dubu- que County, Iowa, sub- ject to highway and easements of record; and to the centerline of the adjoining public right -of -way, all In the City of Dubuque, Iowa. Section 2. That the foregoing amendment I has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This Ordi- nance shall take effect Immediately upon pub- lication,.as provided by I law, and at such time that the herein descri- bed property is legally annexed into the city of Dubuque. Passed, approved and adopted this 6th day of January, 2014. /s /Roy D. Buol, Mayor Attest: /s /Kevin S. Flrnstahl, City Clerk I Published officially in the Telegraph Herald newspaper on the 10th day of January, 2014. /s /Kevin 5. Flrnstahl, City Clerk It 1 /10 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: January 10, 2014, and for which the charge is $27.09. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this jpz 1 day of , 20 7- jC . Notary Public in and for D ubuque County, Iowa. MARY K. WESTERMEYER Commleslon Number 154885 My Comm, Exp. FEB. 1, 2017 CITY OF DUBUQUE, ? _ IO1NA OFFICIAL NOTICE NOTICE IS HEREBY GIVEN that the Dubu- que City Council will'' conduct a public hear -1 ingi at a meeting to`= commence at 6:30 p.m. on January 6, 2014, in the Historic West Feder6th al Building, 350' Street, on the follow- ing: Request to Rezone: Request by McCoy Family to zone proper- ty at 10785 U.S. Route 61 pending annexation from Dubuque County B1, Business zoning'; district to City of Dubu- que C-3 General Com - mercial Zoning District. Written comments re- garding the above pub- lic hearings may be submitted to the City Clerk's Office on or be- fore said time of public hearing. At said time and place of public hearings all interested citizens and parties will be given an oppor- tunity to be heard for or against said actions. Copies of supporting documents for the pub- lic hearings are on file in the City Clerk's Of- fice and may be viewed during normal working hours. Any visual or hearing impaired persons needing special assis- tance or persons with special accessibility needs should contact' the City Clerk's Office at (563) 589 -4100 or TTY (563) 690.6678 at least 48 hours prior to the meeting. Kevin S. Firnstahl, CMC, City Clerk 12/20 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: December 20, 2013, and for which the charge is $16.59. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this w day of � , 20 Notary Public in and for Dubuque County, Iowa. mP MARY K. WESTERMEYER Commission Number 154885 My Comm. Exp. FEB, 1, 2017