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Request to Rezone - Holliday's 3rd addition (Holliday Drive)_Public HearingPlanning 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�� cityofdubugue.urg The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 13th Street Dubuque IA 52001 Dubuque WilsorleaCtr z,v -2)1 •�nj THE CITY OF DUB Masterpiece on the Mississippi August 12, 2014 Applicant: Brian Kane (WBBW Holliday Development LLC) Location: Holliday 3`d Addition Description: To rezone property, Lot 2 of 8, Lot 2 of 6, and Lot 7, Holliday Third Addition, along Holliday Drive from C-2 Neighborhood Shopping Center District, with conditions, to C-3 General Commercial Zoning 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 Commissioner Baumhover stepped down due to a conflict. The applicant spoke in favor of the request, reviewing the location of the property, the proposed use, existing screening and access. The applicant reviewed that a neighborhood meeting had been held to gather input, and based on that meeting, the applicant will reduce the area requested for rezoning, and will also maintain the existing buffer stipulated in the previous Ordinance 77-03. Staff reviewed the staff report, reviewing the surrounding zoning and land use, number of uses allowed in the C-2 and C-3 Zoning Districts. Staff also reviewed the previous rezoning request that included the subject property in 2003. Staff reviewed the conditions established and noted that except for the buffer requirement, the other conditions are now requirements in the Unified Development Code. There were no public comments. The Zoning Advisory Commission discussed the request and reviewed the previous conditions applied by Ordinance 77-03 and the area now being requested for rezoning; they felt the rezoning was appropriate. Recommendation By a vote of 4 to 0, with one abstention, the Zoning Advisory Commission recommends that the City Council approve the request, subject to requiring that a landscape buffer be Service People Integrity Responsibility Innovation Teamwork The Honorable Mayor and City Council Members Page 2 maintained and the area to be rezoned include only Lot 2 of 8 and the north 224 feet of Lot 7 in Holliday 3rd Addition. A simple majority vote is needed for the City Council to approve the request. A super majority vote is needed for the City Council to amend the conditions. Respectfully submitted, Patrick Norton, Chairperson Zoning Advisory Commission Attachments Set -vice People Integrity Responsibility Innovation Teamwork Base Data Provided by Dubuque County GIS Path: H:\Planning Services\EVB1ArcGISMaps\Viicinity Map_HollidayDrive.mxd THE CITY OF Dui E Masterpiece on the Mississippi Dubuque kiltd AIlmeriea city 1111 2007 • 2012 • 2013 ZONING ADVISORY COMMISSION RECOMMENDATION REVISED Vicinity Map Applicants: WBBW Holliday Development LLC Brian J. Kane, Attorney Location: Holliday Third Addition Description: To rezone Lot 2 of 8, Lot 2 of 6 and Lot 7, all in the Holliday's 3rd Addition along Holliday Drive, from C-2, Neighborhood Shopping Center zoning district, to C-3, General Commercial zoning district. Legend Holliday Third Addition Reduced Area DISCLAIMER: This information was compiled using the Dubuque Area Geographic Inforrnalion System (DAGIS), which includes data created by both the City of Dubuque and Dubuque County. It is understood that, while the City of Dubuque and participating agencies utilized the most current and accurate information available, DAGIS and its suppliers do not warrant the accuracy or currency of the information or data contained herein. The City and participating agencies shall not be held liable for any direct. indirect, incidental. consequential, punitive, or special damages, whether foreseeable or unforeseeable. arising out of the authorized or unauthorized use of this data or the inability to use This data or out of any breach of warranty whatsoever. 1 :7,000 N O RT H 'I11h.(1Tl'<71 BUQ MaSterlfiece OH the A/1ir.cissi��lli ElVariance ❑Conditional Use Permit ['Appeal ❑Special Exception ❑Limited Setback Waiver IDRezoning/PUD/ID PLANNING APPLICATION FORM ['Preliminary Plat ['Major Final Plat ['Minor Final Plat ['Simple Site Plan ❑Minor Site Plan ['Major Site Plan ❑Simple Subdivision ['Text Amendment Temporary Use Permit ['Annexation ❑Historic Revolving Loan Historic Housing Grant Please type or print legibly in ink Property owner(s): WBBW Holliday Development, LLC Address: PO Box 249 City; Kieler Fax #: 608/568-3259 Cell #: E-mail: Planning Services Department City Hall — 50 W. 13th Street Dubuque, IA 52001-4864 Phone: 563-589-4210 Fax: 563-589-4221 planning@cityofdubuclue.org ❑Certificate of Appropriateness ❑Advisory Design Review (Public Projects) ['Certificate of Economic Non -Viability ❑Historic Designation: Choose one ['Demolition in Conservation District ❑Review of Preservation Alternatives Phone: 608/568-7577 State: WI Zip:53812 bbierman@epicgc.com Applicant/Agent: Brian J. Kane, Attorney Phone: 563/582-7980 Address: 2100 Asbury Road, Suite 2 City: Dubuque Fax #: 563/582-5312 Cell #: E mail; bkane@kanenorbylaw.com State: IA Zip: 52001 Site location/address: Holliday 3rd Addition Neighborhood Association N/A Existing zoning: C 2 Proposed zoning: C-3 District: ' DUBUQUE Landmark: ❑Yes ©No Part of Lots 6. 7 & 8 Holliday 3rd Addition in the City of Dubuque, Iowa Legal Description: Sidwell parcel ID#) or lot number/block number/subdivision: Total property (lot) area (square feet or acres): 6.7 acres Describe proposal and reason necessary (attach a letter of explanation, if needed): See attached CERTIFICATION: I/we, the undersigned, do hereby certify/acknowledge that: 1. It 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): Date: Applicant/Agent(s): FOR OFFICE USE ONLY Fee: - Received by 7- / �!� Date: b •- Docket: Date: --/9-"1 3C„3 retL4,b1 G�� ?FER FOR REAL ESTATE (Including Acceptance, Counter, or Rejection) REALTOR" 2 -leve ci. 26 ,EC7a.m.❑p.m.' TIME DATE OF OFFER Check all boxes that apply. OFFICE USE ONLY: OFFER ACCEPTED 1. DISCLOSURE CONFIRMATIONS. A. AGENCY. Buyer and Seller confirm that written disclosures of agency representation were provided to thein, they understand who is representing them, and the disclosures were provided prior to signing this Offer For Real Estate. Buyer's Brokerage Seller's Brokerage Dual Agent/Brokerage :S7 U'r_' r' h. "'.?r`�_5•; ?fit B. SELLER PROPERTY DISCLOSURE. If this offer is for 1 to 4 unit residential property, Seller or Seller's Agent must deliver a written disclosure statement to Buyer prior to Seller accepting an offer, or counter -offering to Buyer. By signing below, Buyer confirms Buyer (0 has) (0 will promptly) received and read Seller's property disclosure statement. If Seller is exempt from providing disclosure under the Code of Iowa, check here 0. C. LEAD-BASED PAINT. If this offer is for a residential property built prior to 1978, Seller or Seller's Agentmust provide Buyer with: (1) an EPA -approved lead hazard information pamphlet and (2) Seller's Lead -Based Paint Disclosure Information Statement. By signing below, Buyer confirms that Buyer (0 has) (0 has not) received and read the above described documents. In the event that Seller is exempt from providing documents under EPA regulations, check here 0. D. REQUEST TO COMPLETE FORM DOCUMENTS AND REALTOR® PERMISSION TO CALL. Buyer and Seller request that Bro}cer(s) seleJtandvampiete documents allowed by law, and authorize REALTOR®Broker(s) to call, fax, and email residence. a BUYEli 2. BATE SELLER DATE BUYER 2. DATE SELLER DATE H. OkJER TO: £-' r _; H 1'i ' '� C.- (herein designated as Seller). The undersigned 4t ' RttR A' "r='`I I '• ` 3 F_ z. G. hereby offer to buy the real property situac e- // f(herein designated as Buyer) ' County,Iowa. Located at and briefly described as: , Iowa, C r,.<.‘fir , -` l c t 1 A , --it i .. r" <u and legally described as: t �? c: l`r' a �-,' % <- �" ) _ - r x' .7-14r"4: tin ICT/T-174.c)TJ:ra .`i i�. e1. .3!-1 =1rY:d G.i: /f/.=_/f /r^-'.41 hereinafter designated as "Property," together with any easements and servient estates appurtenant thereto ad subject to zoning restrictions,_ restrictive covenants, easements, and mineral reservation, if any, and agrees to pay you for such property the sum of $ .y`&=' « %; l ` 1 AS FOLLOWS: $ .S t' oO ' earnest money to be held in trust by /Z uv'= ./127.13 rid' g t./oic, I(al ' (0 Seller's) (0 Buyer's) (❑ both Seller's and Buyer's) Agent, hereinafter referred to as `Broker" or `Agent," pdelivery papers and the balance upon delivery of warranty deed or upon execution of a real estate contract as hereinafter provided. The term "Broker" shall also include Broker's affiliated licensees (brokers and salespersons). The terms "Owner" and/or"Seller" shall include seller or vendor. The term "Buyer" shall include buyer or vendee. The terms "sell" and "sale" shall include sale, lease, rent, exchange or option. Cheek the appropriate boxes. (A) or (B) or (C) or (D) and if applicable (E) ❑ (A) CASH to be paid on settlement date. This offer is not contingent upon Buyer obtaining financing. Seller has the right to receive immediate verification of funds (B) NEW MORTGAGE: This contract is contingent upon Buyer obtaining a bona fide/firm commitment for a LC Conventional ❑ ARM ❑ FHA ❑ RECD ❑ VA (In the event of FHA or VA financing, see Addendum - Offer for Real Estate attachedhereto andby thisreference made a part of this contract.) ❑ Other 0 LOT 8 PROPOSED 5.23 ACRE LOT 8 LOT 7 LOT 7 ue.—i1Yi 1.00 ACRE LEFT LOT7 LOT 6 SEDONA PROPOSED 0.5 ACRE LOT 6 SEDONA 1.0 ACRE Brian J. Kane Les V. Reddick* Brad J. Heying Todd L. Stevenson Kevin T. Deeny** Bradley B. Kane Joseph P. Kane Nicholas J. Kane A]I admitted in Iowa *Also admitted in Illinois **Also admitted in Wisconsin KANE, NORBY & REDDICK, P.C. ATTORNEYS 2100 ASBURY ROAD, SUITE 2 DUBUQUE, IA 52001-3091 June 19, 2014 City of Dubuque Planning Services Department City Hall 50 West 13th St. Dubuque, IA 52001-4805 CITY OF DUBUQUE PLANNING SERVICES DEPARTMENT Phone: (563) 582-7980 Facsimile: (563) 582-5312 E-mail: bkane@lianenorbylaw.com Re: WBBW Holliday Development, LLC/Application for Rezoning Dear Ladies and Gentlemen: We are counsel for WBBW Holliday Development, LLC in Dubuque, Iowa in connection with our client's request to rezone certain property located in Holliday 3`d Addition in Dubuque along Holliday Drive. On June 10, 2014, our client accepted an offer to sell approximately 4.9 acres of land located within the 6.7 acres owned by our client in Holliday 3n Addition to Warrior Enterprises, LLC out of Cedar Rapids, Iowa, which Offer to Purchase is contingent upon our client's ability to get the property rezoned to permit a car dealership to operate on this property. To that end, our client has directed us to prepare the enclosed request for rezoning, specifically seeking that the zoning for this property be changed from C-2 to C-3. Time is of the essence with respect to our client's Application, as the parties to the purchase agreement intend to close on or before September 9, 2014. Our review of the City of Dubuque's master zoning map reveals that property owned by our client is surrounded to the north, south and east by other C-3 zoned property. To the west is a residential subdivision in Embassy West, which we understand has been obscured from our client's property by way of a natural barrier consisting of trees and other shrubberies. The proposed C-3 zoning is, therefore, consistent with existing uses in the area. The property which our client is seeking to have rezoned is large enough to facilitate the required minimum setbacks on all sides for the proposed use as it relates to the surrounding uses. Please accept the enclosed Planning Application and let us know if any additional information is needed. Please also advise what the exact application fee is for this request and we will promptly remit payment. We respectfully request that our client's Application be submitted to the Zoning Advisory Commission in advance of its August 6, 2014 meeting. If you have any questions or concerns regarding this matter, please do not hesitate to contact the undersigned directly. Thank you. Best regards, KANE, NORBY & REDDI K, P.C. 1 By �4 BJK:meh Enclosures Brian J. I 205' L // \ II IJ c� T A 647' Area to be Rezoned to C-3 wilt Conti «ns (4.9 Acres) 305' 42.6' Area to Remabi C-2 ConcHlion N 0 50 100 200 Feet (1.83 Acres) Ho Doday D HvE Brian J. Kane Les V. Reddicic* Brad J. Heying Todd L. Stevenson* Kevin T. Deeny** Bradley B. Kane Joseph P. Kane Nicholas ]. Kane All admitted in Iowa *Also admitted in IWnois **Also admitted in Wisconsin KANE, NORBY & REDDICK, P.C. ATTORNEYS 2100 ASBURY ROAD, SUPrE 2 DUBUQUE, IA 52001-3091 August 5, 2014 EXHIBIT B Retired: Gary K. Norby Phone: (563) 582-7980 Facsimile: (563) 582-5312 E-mail:bkane@kanenorbylaw.com Zoning Advisory Commission City Hall 50 West 13th Street Dubuque, IA 52001 Re: WBBW Holliday Development, LLC / Holliday Third Addition / C-2 to C-3 Dear Ladies and Gentlemen: Messrs. Tim Hodge and Brad Bierman, along with the undersigned, met with the neighbors with respect to the above rezoning request on July 28, 2014. At that time, the project was presented to the neighbors. As a result ofthat meeting, and in response to a couple of concerns from the neighbors, our client is willing to amend its pending application for rezoning as follows: 1. The restrictions in Memorandum of Agreement paragraph 3 of City Ordinance 77-03 shall remain with the property with respect to the 50-75 foot setbacks, the arborvitae screening and the berm; and, 2. Lot 7 of Holliday Third Addition (as replatted) shall be deleted from the above rezoning request, and shall remain C-2 unless and until a specific project needing a zoning change from C-2 to C-3 arises. WBBW Holliday Development, LLC takes seriously the input from the neighbors to the project and, in order to proceed with respect to its current project, is willing to make these reasonable accommodations in order to proceed with the rezoning of 1.9 acres with respect to the balance of the application. We thank you in advance for your attention to this matter. Please do not hesitate to contact us directly should you have any questions. Thank you. KANE, NORBY & REDDICK, P.C. August 5, 2014 Page 2 Best regards, KANE, NORBY & REDDICK, P.C. By BJK:ald cc: Mr. Tim Hodge Mr. Brad Bierman Mr. Kyle Kritz iffiAl Brian J. IF C_2 = MINIIII Path* H•\Plannina Services\EVB1ArcGISMaps\Vicinity MapHollidayDrive.m) -- d b D b rr, mr,+y fIc o Data Prvide y u uq THE CITY OF DUB E Masterpiece on the Mississippi Applicants: d Location: Description: Dubuque Itintind 11111! 2007.2012 •2013 Vicinity Map WBBW Holliday Development LLC Brian J. Kane, Attorney Holliday Third Addition To rezone Lot 2 of*, Lot 2 of 6 and Lot 7, all in the Holliday's 3rd Addition along Holliday Drive, from C-2, Neighborhood Shopping Center zoning district, to C-3, General Commercial zoning district. Legend • di, AA Holliday Third Addition DISCLAIMER: TNs 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 City of Dubuque and participating agencies utilized the most current and accurate information available, DAGIS and its suppliers do not warrant the accuracy or currency of the information or data contained herein. The City and participating agencies shall not be held liable for any direct. indirect, incidental, consequential. punitive, or special damages, whether foreseeable or unforeseeable, arising out of the authorized or unauthorized use of this data or the inabitty to use this data or out of any breach of warranty whatsoever. 1:7,000 NORTH REZONING STAFF REPORT Zoning Agenda: August 6, 2014 Property Address: 2085 Holliday Drive (Holliday Third Addition) Property Owner: WBBW Holliday Development, LLC Applicant: Brian Kane Proposed Land Use: Commercial Proposed Zoning: C-3 Existing Land Use: Vacant Existing Zoning: C-2c/C-3c Adjacent Land Use: Former Zoning: North — Commercial East — Commercial South — Commercial West — Residential 1934 — County AG 1975 — County AG 1985 — AG Adjacent Zoning: North — C -3c East — C -3c South — C -2c West — R-1 Total Area: 6.7 acres Property History: This property was actively farmed and located in the county until it was annexed in 1979. It remained agricultural property. The adjacent property was rezoned in from Ag to PC in 1999 to facilitate development of Aldi's supermarket and create three additional commercial development lots. The subject property was rezoned from AG to Commercial in a series of rezonings starting in 2003. The property was most recently rezoned to C-2 with conditions and C-3 with conditions. Physical Characteristics: The subject property consists of three lots that total approximately 7 acres with 750 feet of frontage along Holliday Drive. The eastern portion of the lots is relatively level, however, the western portion of the lots slope, dropping approximately 18 feet to a drainage along the back yards of residential properties along Asbury Court and Samantha Drive. There is a row of mature evergreen trees along the entire length of the western portion of the property that are located at the top of the slope approximately 50 feet back from the western property line. Concurrence with Comprehensive Plan: The comprehensive Plan encourages mixed use areas but also recommends that incompatible uses be buffered from each other. The future Land Use Map calls for this area to remain commercial use. Rezoning Staff Report — 2085 Holliday Drive Page 2 Impact of Request on: Utilities: Existing utilities are adequate to serve the site and storm water management will comply with established City regulations and policies. Traffic Patterns/Counts: Traffic will access this property from either Asbury Road or the Northwest Arterial on to Holliday Drive. IDOT Average Daily Traffic counts indicate 12,200 vehicle trips per day Asbury Road and Holliday Drive and 18,600 vehicle trips per day on the Northwest Arterial. Public Services: Existing public services are adequate to serve the property. Environment: Staff does not anticipate any adverse impact to the environment provided adequate erosion control and storm water management is provided during all phases of development. Adjacent Properties: The subject parcel is bordered on three sides by commercial development and on the fourth side by single-family residential properties. The property is currently vacant and is elevated approximately 18 feet above, and setback approximately 50 feet from, the adjacent residential property with a row of evergreen trees at the top of the slope that serve to partially screen the property. The northern 1/3 of the property is already zoned C-3 General Commercial district and the southern 2/3 is zoned C-2 Neighborhood Commercial Shopping Center district. There are 21 permitted uses in the C-2 district and 53 in the C-3 district. The C-3 uses include vehicle related uses, bars, drive in and carry -out restaurants and mini -warehousing that are not allowed in the C-2 district. Therefore, the more intense commercial uses may have slightly more impact on noise and activity than those uses permitted in the C-2 district. If the existing conditions requiring a 50 foot setback and evergreen screen are left in place, these measures would serve to mitigate the potential impacts generated by some of the C-3 commercial uses. CIP Investments: None proposed. Staff Analysis: The applicant is proposing to rezone approximately 7 acres of property currently zoned C -3c and C -2c to C-3 General Commercial zoning district. The property was rezoned in 2003 and identical conditions were placed on both commercial districts. All of the conditions have been fulfilled or have been superseded by current City code requirements. Condition number 3 of the original ordinance read: "Prior to construction on each lot within the above-described property, an earthen berm shall be constructed along the boundary of the lot which lies adjacent to Embassy West No. 3 Subdivision. The barrier will be graded such that it will slope ad a rate of approximately three -to -one (3:1), with the grade rising from the Rezoning Staff Report e 2085 Holliday Drive Page 3 property lone to the east. The barrier shall be to a minimum of fifty (50') and to a maximum of seventy-five (75') in width extending from the property line to the east. The barrier will be seeded in grasses and shall be planted with conifer (evergreen) trees, The trees shall initially be a minimum of seven feet (7') to eight feet (8') in height and shall be planted at the top of the barrier. The trees shall be planted in a zig-zag pattern approximately fifteen feet (15') apart." This condition had been fulfilled. However, if this request is to remain it would have to be reiterated as part of the current rezoning request. Currently, the subject parcel is bordered on three sides by commercial development and on the fourth side by single-family residential properties. The property is vacant and is elevated approximately 18 feet above, and setback approximately 50 feet from, the adjacent residential property with a row of evergreen trees at the top of the slope that serve to partially screen the property. The northern 1/3 of the property is already zoned C-3 General Commercial district and the southern 2/3 is zoned 0-2 Neighborhood Commercial Shopping Center district. There are 21 permitted uses in the C-2 district and 53 in the C-3 district. The 0-3 uses include vehicle related uses, bars, drive in and carry -out restaurants and mini - warehousing that are not allowed in the C-2 district. Therefore, the more intense commercial uses may have slightly more impact on noise and activity than those uses permitted in the C-2 district. If the existing conditions requiring a 50 foot setback and evergreen screen are left in place, these measures would serve to mitigate the potential impacts generated by some of the C-3 commercial uses. There is no direct access to the residential subdivision from Holliday Drive or from the subject property. Therefore, traffic generated by commercial development at this location will flow onto Holliday Drive and enter and exit either onto Asbury Road or the Northwest Arterial, adding little to the overall vehicle trips. Off-street parking will be required on the subject lot as per the Unified Development Code. Lighting for the subject property will be required to utilize code compliant cut-off fixtures. Staff recommends the Commission review Article 9-5 of the Unified Development Code regarding reclassification of property. Prepared by: 4-1< to Reviewed: ate: 7- .3� • // Laura Carstens City Planner 50 W. 13th Street City Hall Dubuque, Iowa 52001 (563) 589-4210 SPACE ABOVE THIS LIME FOR RECORDER ORDINANCE NO.77 -03 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT THE SOUTH END OF HOLLIDAY DRIVE, WEST OF THE NORTI3WEST ARTERIAL FROM AG AGRICULTURAL DISTRICT TO C-2 NEIGHBORHOOD SHOPPING CENTER DISTRICT AND TO C-3 GENERAL COMMERCIAL DISTRICT, 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 is hereby amended by reclassifying the hereinafter -described property from AG Agricultural District to C-2 Neighborhood Shopping Center District, with conditions, to wit: The portion (regardless of how such portion is in the future finally subdivided and platted) of Lot 2 of 2 of the SE 1/4 of the NE 1/4 Section 20, T89N, R2E, in the City of Dubuque, Iowa, now shown as Lots 8, 9, and 10 on the preliminary Zoning Plan attached hereto as Exhibit "A" and by this reference incorporated herein. Section 2. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter -described property from AG Agricultural District to C-3 General Commercial District, with conditions, to wit: The portion (regardless of how such portion is in the future finally subdivided and platted) of Lot B and Lot 2 of 2 of the SE 1/4 of the NE 1/4 Section 20, TS9N, R2E, in the City of Dubuque, Iowa, now shown as Lots 1 through 7, inclusive, and Lot 11 on the preliminary Zoning Plan attached hereto as Exhibit "A" and by this reference incorporated herein. Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 4. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 60 day ofOctober , 2003. Patrici'a'A. Cline, Mayor Pro -Tem MEMORANDUM OF AGREEMENT Pursuant to the Iowa Code Section 414.5 (2001), and as an express condition of rezoning of the property described as: Lot B and Lot 2 of 2 of the SE 1/4 of the NE 1/4 Section 20, T89N, R2E, and to the center line of the adjoining public right-of-way, all in the City of Dubuque, Iowa, which is the subject of Ordinance No, 72 -03, a copy of which is attached hereto and incorporated herein by reference, the undersigned property owners, agree to the following conditions, all of which the property owner further agrees are reasonable and are imposed to satisfy public needs which are caused directly by the rezoning: A) Conditions: 1) That the north right-in/right-out access shall be installed concurrently with the extension of Holliday Drive. 2) That the southern access shall be installed when Plastic Center, Inc. constructs the signalized intersection located approximately 2,000 feet south of the Asbury Road and Northwest Arterial intersection. 3) Prior to construction on each lot within the above-described property, an earthen barrier shall be constructed along the boundary of the lot which lies adjacent to Embassy West No. 3 Subdivision. The barrier will be graded such that it will slope at a rate of approximately three -to -one (3:1), with the grade rising from the property line to the east. The barrier shall be to a minimum of fifty feet (SO') and to a maximum of seventy-five feet (75') in width, extending from the property line to the east. The barrier will be seeded in grasses and shall be planted with conifer (evergreen) trees. The trees shall initially be a minimum of seven feet (7') to eight feet (8') in height and shall be planted at the top of the barrier. The trees shall be planted in a zig-zag pattern approximately fifteen feet (15') apart. 4) All lots within the above-described property shall have seventy-two degree (72') cut light parking lot fixtures which focus light downward and thereby minimize the amount of lighting which would otherwise spread to surrounding areas. All lighting on lotswithin the above-described property shall otherwise comply with City of Dubuque Zoning Ordinance provisions. 5) All exterior storage and trash collection areas and the materials contained therein shall be visually screened from view. The screening shall be a completely opaque fence, wall or other feature not exceeding a height of ten feet (10') measured from the ground level outside the line of the screen. Exposed materials to construct the opaque screen shall be similar in appearance to materials used for exterior building walls. Colors of the screen shall .match those of the building. All exterior entrances to a screened storage or trash area shall be provided with a gate or door of similar design to that of the screen. Gates and doors shall be closed at all times other than when a vehicle or personnel are using the entrance for access to and from the screened area. In lieu of opaque screening, exterior storage or trash collection areas may be screened with evergreen plant materials selected and designed so that they will eventually screen the area from all off-site visibility. In such cases, if initial plantings are of six foot (6') height or greater, the requirements for other opaque screening shall be omitted. 6) The provisions of the City ofDubuque Zoning Ordinance shall apply to the construction and maintenance of signs on lots within the above-described property. B) Reclassification of the Subject Property, The City of Dubuque, Iowa may initiate zoning reclassification proceedings to the AG Agricultural District (which rezoning will include the removal of the performance standards in Section A above) if the property owner fails to complete any of the conditions or provisions of this Agreement. C) Modifications. Any modifications of this Agreement shall be considered a zoning reclassification and shall be subject to the provisions of the Zoning Ordinance governing zoning reclassifications. All such modifications must be approved by the City Council of Dubuque, Iowa. D) cording. A copy of this Agreement shall be recorded with the Dubuque County Recorder as a permanent record of the conditions accepted as part of this rezoning approval within thirty (30) days of the adoption of Ordinance No, -03. E) Construction. This Agreement shall be construed and interpreted as though it were part of Appendix A of the Code of Ordinances of the City of Dubuque, also known as the Zoning Ordinance of the City of Dubuque, Iowa. F) This Agreement shall be binding upon the undersigned and his/her heirs, successor and assignees. ACCEPTANCE OF ORIMNANCE NO. 7 -03 I, Timothy J. Quagliano, representin QHQ Properties, having read the terms and conditions of the Resolution No. -03 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(2' . ,'t- 2003. QHQ Properties, an Iowa General Partnership By: Timothy 3( u liat}6; General Partner ASOURY RUAD IAr 1 OR] AC Marx DRIVE LOT 11 a13 6 c PROPOS C-3 ZONING C-3 0 C-3 LUT 2 eV AC LOT 3 21] AC C-3 MCO vl&LET DRIV I 731:4 11 I 1 .681-YIl3N a LOT 4 2.11 AC C-3 H WIV it 1 LOT 5 A%6 RC C-3 4Mtlat ma CLAD ZONING PLAN LOT B OF HOLLIDAY ADDITION AND LOT 2 OF 2 OF THE SE 1/4 OF THE NE 1/4 SEC. 20 TB9N, 112E TOTAL AREA = 24.3 ACRES +/— I PROPOSED RIGHT INARIGHT OUT 1NTIERSECTION ItOQ! FEET FROM ASBURY ROAD CGMMEREIA1 APPROVED RIGHT i INl RIGHT UUr • LEGEND PROPUSED LQT LINE EXISTING PROPERTY LINO EXISTING CONTOUR ,e'"''\.„ EXISTING TRCELINE EXISTING DITCH LINE PLAONER CDN�ERCIAt PROPOSED CONNECTION TO APRUVCO FULL INTERSECTION FOR PLASTIC CENTER thrts 90. L PRUJECT LUCA REIN LOCATION MAP oar Ott PROJECT I IA. 02256 ZONING PLAN OHO PROPERTIES DUBUQUE. IOWA %NEM. IN u U I I. NAM R EUVABX. U S€I 2 BUESING 5 ASSOCIATES CWSU.{IMG RADO RE RK 11KGr A '5911 ai6- mf Get 16. f6A I1 IY4 4, iaad Pw.» Mw SGC WI 3. 2007 oCoeo Er: 1' oR —....•r,,Y.w ,IAK Section 2 -Land Use Regulations Article 5: Zoning Districts Drycleaner 5-11 C-2 Neighborhood Shopping Center The C-2 District is intended to ensure that the size of the commercial center, the nature of uses permitted and the locational characteristics are such that the grouping of such uses will not adversely affect surrounding residences and do not detract from the residen- tial purpose and character of the surrounding neighborhoods. 5-11.1 Principal Permitted Uses The following uses are permitted in the C-2 District: 1. Appliance sales or service 2. Artist studio 3. Automated gas station 4. Bank, savings and loan, or credit union 5. Barber or beauty shop 6. Furniture upholstery or repair 7. Furniture or home furnishing sales 8. Gas station 9. General office 10. Indoor restaurant 11. Laundry, dry cleaner, or laundromat 12. Medical office 13. Neighborhood shopping center Retail sales 14. Personal services and service 15. Photographic studio 16. Place of religious exercise or assembly 17. Public or private park, golf course, or similar natural recreation area 18. Railroad or public or quasi -public utility, including substation 19. Residential use above the first floor only 20. Retail sales and service Animal hospital Passenger transfer facility 21. School of private instruction 5-11.2 Conditional Uses The following conditional uses may be permitted in the C-2 District, subject to the provi- sions of Section 8-5: 1. Animal hospital or clinic 2. Carwash, self-service 3. Licensed adult day services 4. Licensed child care center 5. Passenger transfer facility 6. Pet daycare or grooming 7. Restaurant, drive-in or carryout 8. Tattoo parlor 9. Wind energy conversion systems 5-11.3 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) 5-11.4 Temporary Uses Temporary uses shall be regulated in conformance with the provisions of Section 3-19. Section 2—Land Use Regulations Article 5: Zoning Districts 5-11.5 Parking Minimum parking requirements shall be regulated in conformance with the provisions of Article 14. 5-11.6 Signs Signs shall be regulated in conformance with the provisions of Article 15. 5-11.7 Bulk Regulations C-2 Neighborhood Shopping Center Min Lot Min Lot Max Lot Area Frontage Coverage (square (% lot feet) (feet) area) Setbacks Front (feet) Min Side2 Min Rear3 Max Height Min Max (feet) (feet) (feet) All Uses 10 1 --- 30 ' Minimum 20 feet for garages facing a street. 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. t Midpoint Height 1 Shed Roof Midpoint # Height 1 Gable or Hip Roof 1 - - Decklme Height 1 Mansard or Gambrel Roof 1 Highest Level Height { Flat Roof Section 2 -Land Use Regulations Article 5: Zoning Districts Department store Ott Indoor amusement arcade Mini warehouse Vehicle sales or rental 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 711ECIIY OF 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. 5-13.6 Signs Signs shall be regulated in conformance with the provisions of Article 15. urecnror• Dus Section 2—Land Use Regulations 5-13.7 Bulk Regulations Article 5: Zoning Districts Setbacks Min Lot Min Lot Max Lot Area Frontage Coverage (square (% lot feet) (feet) area) C-3 General Commercial Licensed adult day services, Licensed child care center 5,000 50 50 Front (feet) t Min Rear Max Min Side 2 Height Min 20 Max (feet) (feet) (feet) 40 Vehicle sales 20,000 20 40 AJI Other Uses 20 40 When abutting a residential or office -residential district, a 20 foot side setback is required. Wien abutting a residential or office -residential district, a 20 foot rear setback is required. Lot Area Property Line q ti Gi 4. 1111111111111 1111 1 II Lot Width fl–Lot Frontage Street Buildable Arca 11 1 11 II I 111111 III Required front 5 tba k Street - t Midpoint Height I Shed Roof 4 Midpoint Height I Gable or Hip Roof iDecklnte Height Mansard or Gambrel Roof tHighest JEvel Height t. Flat Roof • Ai. • "• -V:". • Ic•-t • t I Lajt. - 3 Th , I . etc II timo *PI 411.11. . •,v 401 .111/ - •6 • r IMO t • • •'.1'4.1 1 t3 c t c er y 1 to L 44 71, 4-4 44 4 j4444 444444 .gr • • L ft: .aii 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: August 8, 2014, and for which the charge is $20.01. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this a day of , 20 /9- . .}9y f••: otary Public in and for Dubuque County, Iowa. CITYOF DUBUQUE, IOWA OFFICIAL NOTICE.,. NOTICE.is hereby, gry en that the, Dubuque,-; CityCouncil wil_con- duct '!alkalis hearings at a meeting to 1. cem mence at d:g0 p.m. on Monday August 18, 2014, in the Historic Federal Building, :350 West. 6th Street, on the following: Rezonir%s Request from Brian Kane (WBBW Holliday Development LLC) to rezone Lot 2 of 8,: Lot 2 of band Lot 7, all in the Holliday's 3rd Addition along. Holliday Drive from 0-2, Neighbor hood shopping Center district, to C-3, General Cor mercialzoningdis- Request from Gronen Restoration, L501 lack;..,; son Street, -to fezoge the prop,`erty from R -2A Alternate Two Family', Residential to ORvOf- floe Residential:..' ..` Copies of supporting documents:. for the pub-lic hearings are on Ole in the City Clerk's Of- fice `and<, may be viewed during normal working hours. 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 II and. -place of, public heArirrgs HD in2ee'ste6I ci zens and parties' w It be given an oppar-' tunity to be heard for or ; against' said Ariy„visual Or hearing impaired persons needing special''ass's tante.. or persons with special accessibility'.', needs should contact the City Clerk's Office at (563) 589-4100"o or — TDD (563) 556-9948 at ' least' 48 hours-prloe'to � the'meetmg ' “,Kevin 5. Firnst&h CMC -C)ty Clerk ". MARY [C WE.TEF1MEYEfi� Commission Number 54885 My Comm. Exp. FEE 1. 2017 ORDINANCE NO. 54-14 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED ALONG HOLLIDAY DRIVE FROM C-2 NEIGHBORHOOD SHOPPING CENTER DISTRICT WITH CONDITIONS TO C-3 GENERAL COMMERCIAL DISTRICT WITH CONDITIONS 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 C-2 Neighborhood Shopping Center District with conditions to C-3 General Commercial District, with conditions, to wit: Lot 2 of 8 and the north 224 feet of Lot 7 of Holliday Drive 3rd Addition, 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. Passed, approved and adopted this 18th day of August, 2 4. Roy D. Buol, Mayor CERTIFICATE of the CITY CLERK STATE OF IOWA SS: COUNTY OF DUBUQUE ) I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached Ordinance No. 54-14 is a true and correct copy of the original. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa, on this 19th day of August, 2014. Kevin S. tirnstahl, CMC, e' Clerk 11111111111111111111111111111111111111111111111111111111111111111111 Doc ID 008077780005 Typ GEN K' d AGREEMENT Recorded: 08/25/2014 at 04.09:12 PM Fee Amt: $27.00 Pape 1 of 5 Dubuque County Iowa Kathy Flynn Thurlow Recorder F11e2014-00009324 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 MEMORANDUM OF AGREEMENT Pursuant to the Iowa Code Section 414.5 (2011), and as an express condition of rezoning of the property described as: Lot 2 of 8 and the north 224 feet of Lot 7 of Holliday 3rd Addition, and to the center line of the adjoining public right- of-way, all in the City of Dubuque, Iowa. which is the subject of Ordinance No. -14 , a copy of which is attached hereto and incorporated herein by reference, the Gndersigned property owners, agree to the following conditions, all of which the property owner further agrees are reasonable and are imposed to satisfy public needs which are caused directly by the rezoning: A) Condition: 1. An earthen barrier shall be constructed along the boundary of the lot which lies adjacent to Embassy West No. 3 Subdivision. The barrier will be graded such that it will slope at a rate of approximately three -to -one (3:1), with the grade rising from the property line to the east. The barrier shall be to a minimum of fifty feet (50') and to a maximum of seventy-five feet (75') in width, extending from the property line to the east. The barrier will be seeded in grasses and shall be planted with conifer (evergreen) trees. The trees shall initially be a minimum of seven feet (7') to eight feet (8') in height and shall be planted at the top of the barrier. The trees shall be planted in a zig-zag pattern approximately 15 feet (15') apart. B) Reclassification of the Subiect Property. The City of Dubuque, Iowa may initiate zoning reclassification proceedings to the C-2 Neighborhood Shopping Center District with conditions as established in Ordinance 77-03 if the property owner fails to complete any of the conditions or provisions of this Agreement. C) Modifications. Any modifications of this Agreement shall be considered a zoning reclassification and shall be subject to the provisions of the Zoning Ordinance yl°° i (Sky it governing zoning reclassifications. All such modifications must be approved by the City Council of Dubuque, Iowa. Recording. A copy of this Agreement shall be recorded with the Dubuque County Recorder as a permanent record of the conditions accepted as part of this ez ning approval within ten (10) days of the adoption of Ordinance No. -14. Construction. This Agreement shall be construed and interpreted as though it were part of Title 16 of the City of Dubuque Code of Ordinances Unified Development Code. F) This Agreement shall be binding upon the undersigned and his/her heirs, successor and assignees. ACCEPTANCE OF ORDINANCE NO. 54 -14 I, Tim Hodge, representing WBBW Holliday Development, LLC, property owner, having read the terms and conditions of the foregoing Ordinance No. - 14 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 elf b7 , 2014. State of Iowa ) ) ss: County of Dubuque) On this / �- day of 2014 before me, a Notary Public in and for said state, personally appeared Tim Hodge, to me known to be the person(s) named in and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. My Commission expires: ).o/y BRIAN J. KANE Commission Number 125603 My Comm. Exp. JAN. 12, 2018_ I- 1 I 'it I 1 LOT 2-8 I Ili (C-3) I1 I I _________ ------------------------------1 Ns, 1 I \ I \ I I I I I I \ \ LOT 7 (C-2) 1 -1 I 1>j I 1 I,Ix I I>— I I Z I \ I I 1 -----------------7---------I I! 1 1 \ I 1 I 1 , \ LOT 6-2 1 1 I \ (0-2) \ I 11 1 i 1 I ) I I1 1 li LOT 6-1 I 1 I 1 1 I SEDONA 1 (0-2) 1 LOT 2-8 (0-3) N PROPOSED 4.9 ACRE jo LOT 7 (REZONE TO 0-3) (1.33 ACRE) \ LOT 6-2 \ (C-2) I \ PROPOSED SEDONA I I I 1 1 (0.5 ACRE) ; I , i---------------------1 1 ; i I 1 I 1 1 1 LOT 6-1 I II 1 I (0-2) i 1 SEDONA (1.0 ACRE) , \ \ \ \\ \ N., EXISTING PLAT PROPOSED PLAT STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Cleric 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: August 22, 2014, and for which the charge is $16.13. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this c1270 day of ,42e, ' , 201 . Notary Public in and for bubuque County, Iowa. MARY IC, %TO ERA9EYiR CommIselon Number 154885 My Comm. Exp. FEB. 1, 2017 ';OFFICIAL PUBLICATION 'ORDINANCE 140. 54-14 AN. ORDINANCE. 'AMENDING TITLE 16.'. OF THE CITY OF.: DU- UQUE R- ` ANCES, UNIFIOF ED BDEVELOPMENT+, CODE, BY RECLASS- IFYING: HEREINAFTER DESCRIBED PROPER- TY LOCATED ALONG HOLLIDAY ' DRIVE'. FROM C-2 NEIGHBOR-.I HOOD'.: SHOPPING, CENTER 'DISTRICT. WITH ' CONDITIONS TO C-3 GENERAL COMMERCIAL DIS- TRICT-WITH"CONDI- TIONS NOW, THEREFORE, 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, 1: Unified -Develop- mentCode, IS hereby amended. by 'reclass- ifying -the' hereinafter - described property from C 2 Neighborhood _ Shopping Center Dis trictwith conditions to -C-31 General Colnmer cial DIStrict,With cbn ditions, to wit; Lot 2 of 8 and the north 224 feet of Lot 7 of Holliday Drive 3rd Addition, and' to rthel centerline of the 'ad -s joining public right of way, -all in the City of Dubuque, Iowa, Section 2. That the foregoing amendment' has :heretofore been:, reviewed4by the Zoning. Advisory Commission of the City of Dubuque, ., IoWai ' Section 3. This Ordi- nance shall take effect Immediately uponpub- - ilcatlonas provided by law: Passed, approved and adopted this 18th day ofAugUst, 20i4. /s/Roy. D. Buol, Mayor Attest;:/s/Kevin 5. Firnstahl, City Clerk Published officially In the,'. Telegraph- Herald newspaper on the 22nd day of August, 2014. /s/Kevin S. Firnstahl, City Clerk., It 8/22