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2075 Holliday Drive Rezoning Request - Warrior Enterprises, LLC Copyright 2014 City of Dubuque Public Hearings # 5. ITEM TITLE: 2075 Holliday Drive Rezoning Request - Warrior Enterprises, LLC SUMMARY: Proof of publication on notice of public hearing to consider a request by Brian Kane /Warrior Enterprises, LLC to rezone property located at 2075 Holliday Drive (Lot 1 of Holliday 6th Addition) from C-2 Neighborhood Shopping Center District to C-3 General Commercial zoning district and the Zoning Advisory Commission recommending approval. 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 SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion A ATTACHMENTS: Description Type ❑ ZAC letter to Council Staff Memo ❑ Applicant materials Supporting Documentation ❑ Staff materials Supporting Documentation ❑ Ordinance Ordinance ❑ Motion A, Motion B Supporting Documentation planning Services Department D`u�buque City Hall fi'.iiii THE CITY OF 50 West 13r StreetJ� TT r Dubuque,IA 52001-4864 I I I r U P� (563)589-4210 phone (563)589-4221 fax mn•mr-mo Masterpiece on the Mississippi (563)690-6678 TDD pl anninR@cityofdubuque.org December 5, 2014 The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 13th Street DubuquelA 52001 Applicant: Brian Kane /Warrior Enterprises, LLC Location: 2075 Holliday Drive (Lot 1 of Holliday 6th Addition) Description: To rezone the property from C-2 Neighborhood Shopping Center District 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. Chairperson Norton stepped down and turned the meeting over to Vice Chairperson Henschel due to a conflict. Discussion The applicant's representative Brian Kane spoke in favor of the request, reviewing the previous requested rezoning by Warrior Enterprises, surrounding businesses and residential areas. Mr. Kane reviewed that a neighborhood meeting was held with only two neighborhood residents attending. Mr. Kane noted the property will be used for the display of vehicles. There were no public comments. Staff reviewed the staff report, noting surrounding zoning and land use near the subject parcel. Staff reviewed the condition and screening required for the previous rezoning is recommended to be required for the current request. The Zoning Advisory Commission discussed the request and felt it was appropriate, provided the condition for screening and landscaping remains in place. Recommendation By a vote of 5 to 0, with one abstention, the Zoning Advisory Commission recommends that the City Council approve the request, with the previous condition remaining in place. Service People Integrity Responsibility Innovation Teamwork The Honorable Mayor and City Council Members Page 2 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 or remove the condition. Respectfully submitted, zA45 -4/- Thomas Henschel, Vice Chairperson Zoning Advisory Commission Attachments Service People Integrity Responsibility Innovation Teamwork 'ME crry or City of Dubuque ��� Planning Services Department L, Dubuque,IA 52001-4805 Masterpieee on the Mississippi Phone: 563-589-4210 Fax: 563-589-4221 r)lanninq@citvofdubugue.org PLANNING APPLICATION FORM ❑Variance ❑Preliminary Plat ❑Simple Subdivision ❑Certificate of Appropriateness ❑Conditional Use Permit ❑Major Final Plat ❑Text Amendment ❑Advisory Design Review(Public Projects) ❑Appeal ❑Minor Final Plat ❑Temporary Use Permit ❑Certificate of Economic Non-Viability ❑Special Exception ❑Simple Site Plan ❑Annexation ❑Historic Designation Choose One ❑Limited Setback Waiver ❑Minor Site Plan ❑Historic Revolving Loan ❑Demolition WRezoning/PUD/ID ❑Major Site Plan ❑Historic Housing Grant ❑Port of Dubuque Design Review Please Woe or print leoibly in in Property owner(s):Warrior Enterprises, L.L.C. Phone: 319-393-6300 Address: 1600 51st Street City: Cedar Rapids State: IA Zip:52402 Fax#: Cell #: _E-mail: rsayre@mcgrathauto.com Applicant/Agent: Brian J. Kane, Attorney Phone: 563-582-7980 Address:2100 Asbury Rd Ste 2 City: Dubuque State: IA Zip:52001 Fax#: 563-582-5312 cell #: E-mail: bkane@kanenorbylaw.com Site location/address:2075 Holliday Dr. Neighborhood Association: N/A Existing zoning: C-2 Proposed zoning: C-3 District: N/A Landmark: 01 Yes W No Legal Description(Sidwell parcel ID#or lot number/block number/subdivision): Lot 1 of Holliday 6th Addition 1 .32 acres (see attached Plat of Survey dated 8/26/14 Total property(lot)area(square feet or acres): and recorded R/29/r 4 ; nc� o , rd p of Describe proposal and reason necessary(attach a letter of explanation, ffgeeded}ounty) See attached letter from Applicant/Agent to Plnnn;no S�LV1nac napartmant. 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): A _Date: �4�Applicant/Agen . Date: n S Ka e, Attorney FOR OFFFICE USE ONLY I f VAPPLICATIO SUBMITTALCHE. KLIST Fee: V1 Xkeceived by: Date: IJ'3'/11 Docket: __ KANE, NOBBY & REDDICK, P.C. A'ITORNP.YS Brian 1.Kane 2100 ASBURY ROAD,SUITI 2 1'es V Reddickc DUBUQUE,,IA 52001-3091 Brad j. Heving Todd L.Stevenson" RWYCd: Kevin"r. Deem," Gary K.Norby Bradlee B.Kane �oscph P.Kanc Nicholas 1.Kanc All admitted in lova Phone: (563).582-7980 Also admitted in Illinois Facsimile (563)582-5512 **Also admitted in Wisconsin B-maibblaane a Icanenorbylnw.cum October 31, 2014 i City of Dubuque Planning Services Department City Hall 50 W 13t" Street Dubuque, IA 52001-4805 Re: Warrior Enterprises, LLC /Application for Rezoning Dear Ladies and Gentlemen: We are counsel for Warrior Enterprises, LLC ("Warrior") in connection with its request to rezone certain property described as Lot 1 of Holliday 6d' Addition in Dubuque, Iowa, along Holliday Dr. Warrior Enterprises, LLC recently closed on the purchase of this 1.32 acres from WBBW Holliday Development, LLC. As you Imow, this property is adjacent to the South of other real estate owned by Warrior Enterprises, LLC which is being developed into McGrath Auto Plaza for the sale of used vehicles. The intended use of this additional 1.32 acres is for a further display lot in connection with the McGrath Auto development so that the car dealership can operate on this property as well as the other property which was recently rezoned from C-2 to C-3. To that end, our client has directed us to prepare the enclosed Planning Application Form to request rezoning, specifically seeking that the zoning for Lot 1 of Holliday 6"' Addition be changed from C-2 to C-3. Our review of the City of the Dubuque Master Zomig Map reveals that the property owned by our client is surrounded to the North, South and East by other C-3 (and some C-2) 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 a berm. The proposed C-3 rezoning is, in our view, consistent with the eXisting uses in the area. As you may recall, this particular property was dropped from the prior rezoning application by WBBW Holliday Development, LLC in response to the neighbor's concerns that the identity of KANE, NORBY & REDDICK, P.C. October 31, 2014 Page 2 the future owner and the type of use was not known at that time. Now, of course, that use is known as this property will be used for the same purpose as the parcel to the North where the McGrath auto dealership will operate and which is presently under construction. Our client is willing to abide by the existing zoning conditions with regard to the property. Please accept the enclosed Planning Application form 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 for its next meeting for which this application is timely filed. We understand that will be its December meeting. If you have any questions or concerns regarding this matter, please do not hesitate to contact the undersigned directly. We also request, after you send a letter to the neighbors, that you provide us with a list of neighbors contacted so that we can correspond with them as well and arrange a neighbor meeting if any of them desire to attend after we advise them of the owner and the proposed use. Thank you. Best regards, KANE,NOBBY & RED IC P.C. By Brian J. Ka BJK:aId Enclosure Page 1 D(.i IIIIIIIIIIIIIIIIIIIIO�IIIIIIMIIIIIIIWINIIIIIIIII Doc ID: 008081380003 Type: GEN Kind: SURVEY PLAT Recorded: 08/29/2014 at 04:18:24 PN Fee Amt: $17.00 Pelle 1 of 3 Dubuque County I low Kathy F1Vnn ThurloW Recorder File2014-00009577 Plat of Survey of: HOLLIDAY 6TH ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA. Comprised of: LOT 2 OF HOLLIDAY 5TH ADDITION, AND LOT 2-6 OF HOLLIDAY 3RD ADDITION. IN THE CITY OF DUBUQUE, DUBUQUE COUNTY. IOWA. \ \ \ LOT 1 s 1 Il „1 Y, HauDAv s1H AWlnox p n PUE L JEWElOTL PLIACE I I v.. 1 1 LOT 1 vII LD12 `` �\\\' HOLLIDAY 6TH ADDITION N1 .IEMIIL PUCE 1.316 AC (5].305 SF) JI O `i __<__ I m _ — , \ _--�_---,v_---�...._--. -I B)_V]19[xiD 30 (! )91 I Lbfi' To / lP __ FORMER I• O OT 20mail ail EUBa55V NES1 N0.3 \\I \I �£ g3'.W x 9 IINE i _ , I p-O .G°.TIC;••`� I � A I� LDT 2 jC v � M ons I 11 HOLLIDAY 6TN ADDITION ry INEARSU id&N0.3 ``I 11 \'s 0.500 AC (21.7]9 SF) �p p I, I IZ sa70TIww 202.1e• xm.5x' TI 11 1 N i i II`u I I ♦�m 407"10 1111-00 ENBA$$YMESi No 3. u Imo' 1 j3� 5 M. I I I I,\YI.Pi,1 LBij II\ XgDAY IND LADWIIp! I I Myr I] `I y5 II gNA55Y WEST N0.3 \11,1 1,SANITARY ` $�\\\1 sE=EASE " LDPER \ RO]K 65.PCOE ISA flECdiDER WT 16 SCALE�O' EMBASSY HEST HD.3IrsR]1I]Y9 W 161-5'-IT161.]1') L oRRAI AN 0' 50 100 �\ `� Lor 1-5 o sAeMENI M HIS 0 .J l GSEUFNT PER HIST. NULLNAY 3RD ANDIRON fIONIM7 04.oll E `1 \` CpINtt REpiLEN Lot 15 \1,P1 N 1.ALL MEASUREMENTS ARE IN FEET AND DECIMALS THERCF. 2.BMW h PROPRIETOR CF; Lor 2 OF MBW Hoollid y oewfacraent,iia o mr z-D of xoulonr 5R0 aoolTlax: SURVEYED PERIMETER PO S.249/Kiea.Y0 SM12 1.816 AC (79,084 SF) 3.SAID LOTS ME LOCATED IN ME NEI/4 OF SECTION 20.TONS.RN,OF ME 5M P.M. BU RNAM COUNTY.IOWA. 4.SURVEY MWESTED BY: BRAD BIERMAII 5.THIS PLAT 15 SUBJECT TO EASEMENTS OF RECORD AND NOT DF RECORD. LEGEND 3/e'REXW(FOUND) \\ \IDIIIIIIIII /AED (tt1LOW cAP siAMPm'glb') p\1 // HEREBY CERTIFY THAT MIS LAND SURVEY YORKWAS NC DOCUMENT WAS B 5/6•flEROD(FW W) _ `hyo•l D°OSG9g FORMED BYEMEROR UNDER MY DIRECT PERSONAL SSUPERNSION AND MAT PR(CPFANSE CAN UNE STAMPED 15487") I AM A DULY IICENSEo LAND SURVEYOR UNDER THE LAM OF SURYEIED PNCPERIY N' y,. e{^ ME STATE OF IOW0. - -—CURICA NE Ue IERRY - EMEMINT UAE °�= y/ryl RECptO gNENLWI KD 15487 "H5 R O ) 5/0'REROO(PLACED) •° FRY L IltEfl (DSII) ONANCE CLP SLAMPED .7')UCFNSE NUMBER: 15487 ROW flICNT CF WAV • MY LICENSE RENEWAL DATE 15 DECEMBER PUE PUBLIC UTU EASEMENT 51,2015 TIME W Mft MAIN EASEMENT ,i/YM//////OIIIDIIIWIP\0008\" SHEETS COVERED BY THIS SEAL: SHEETS 1 N 2 owc.xD.wsr-o1 �a SHEET IDLE PROdLi NO.14151 REU)9MUEttD OR RENANS DRAM BY: 5 R PLAT OF SURVEY A J3 Up b RPL Px mwuFOPui As�sDcurEs Ixc. m[Iyylds,nd l Ho av�nn— ScN . CHECKED BY: (� HOLLIDAY 6TH ADDITION ro Im]as � j eriwi SEE BM SCALE BN File NurnliDQ4£1 00 7 111: 1 Page 2 ofZ ''.. Sheet 2 of 3 Surveyor's Certificate I,Terry L.Koelker,a Duly Licensed Land Surveyor in the State of Iowa,do hereby certify that '.. the following real estate was surveyed and platted by me or under my direct personal '....... supervision,To Wit: Lot 2 of Holliday 5"Addition,and Lot 2-6 of Holliday 3rtl Addition,in the City of Dubuque, Dubuque County, Iowa. This survey was performed for the purpose of subdividing and platting said real estate henceforth to be known as HOLLIDAY 6th ADDITION,in the City of Dubuque, Dubuque County, Iowa. The Total area of HOLLIDAY 6th ADDITION is 1.816 acres. All Lot areas are more or less and all Lots are subject to easements,reservations,restrictions,and rights-of-way of record and not of record,the plat of which is attached hereto and made a part of this certificate. I hereby certify that this land surveying document was prepared and the related survey work was performed by me or under my direct personal supervision and that I am a duly licensed Land Surveyor under the laws of the State of Iowa. Terry L.'Koelker Date Licensed Land Surveyor License No. 15487 License Renewal Date 12/31/15 Owner's Consent Dubuque, Iowa ,2014 The foregoing Plat of Survey of: HOLLIDAY 6th ADDITION,in the City of Dubuque, Dubuque County, Iowa,is made with the free consent and in accordance with the desires of the undersigned owners and proprietors of said real estate. WBBW Holliday Development, LLC /kaAMC2 Tt' V!-IorlgP _ taryffreasurer State of Iowa ) County of Dubuque ) ss: On this P'�h_day of ,AD 2014,before me,the undersigned,A Notary Public in and for the State of Iowa,personally appeared Tim W. Hodge, Secretary/ Treasurer,of WBBW Holliday Development, LLC,to me personally known,who being by me duly swom,did say that he is the Secretaryrrreasurer of said Corporation,that no seal has been procured by said Corporation,that said instrument was signed on behalf of said Corporation by authority of its Board of Directors;and that said Tim W.Hodge, Secretary/Treasurer,of WBBW Holliday Development, LLC,acknowledged the execution of said instrument to be the voluntary act and deed of said Corporation by it and by him voluntarily executed. Witness my hand''and,Notarial Seal on the date above written. yotarynPub lic in and for the State of Iowa f'19�+ �� IOlNIN'tIS51(in C-KPifeS ��18-�?olto yU . 'OlnraAL _. File Number:2014.00009577 Seq: 2 '...... page 3 of 1 ' Sheet 3 of 3 City of Dubuque Planning Services '... Dubuque, Iowa Z9 '2014 The foregoing Plat of Survey of: HOLLIDAY 6th ADDITION,in the City of Dubuque, Dubuque County, Iowa,was reviewed and approved by the City of Dubuque Planning Services Department on the date first written above. Planning Services Department By: Qum C City Planner of the City of Dubuque, IA City Assessor's Certificate Dubuque, Iowa 8/a9 ,2014 The foregoing Plat of Survey of:HOLLIDAY 6th ADDITION, in the City of Dubuque, Dubuque County, Iowa,was entered of record in the Office of the City Assessor of the County of Dubuque, Iowa,on the date first written above. 9z-Va. .� City Assessor of the County oPDubuque, Iowa COUNTY AUDITOR Dubuque, Iowa 4nv�gv .2014 The foregoing Plat of Survey of: HOLLIDAY 6th ADDITION,in the C,tttxf..uG, Oubuqus County, Iowa,was entered of record in the office of the DubuqueOq!uhty Auflitor Uusr ,_ day of 13 1)54 ,2014. � V , ,`�,.�� �' Xi We approve of the subdivision name or title to be recorded s e.r, County Auditor of bubuqlqv Recorder's Certificate Dubuque, Iowa �' •2014 The foregoing Plat of Survey of:HOLLIDAY 6th ADDITION, in the City of Dubuque, Dubuque County, Iowa,has been reviewed by the Dubuque County Recorder. "FCpn ��GtA ��t I� n7V�uuAo a Dubuque ounty ecorder IVIiA File Number: 2014-00009577 Seq: 3 '.... C-3o C-3 THE CPPV OF Dubuque krikyl R-3 DuB L F Masterpiece on the Mississippi ., .„ PC AG C-3 ZONING ADVISORY COMMISSION PC Vicinity Map C-3c Applicants: Warrior Enterprises, LLC Brian J. Kane, Attorney i Location: 2075 Holliday Drive Description: To rezone property from C-2, Neighborhood Shopping Center zoning district, to C-3, General Commercial zoning district. l I PO PR Legend ® 2075 Holliday Drive A DISCLAmm TDis Idonn.don xs coniB using The Dubuque kaaC ryephlc INonet do S dM(D IS),aNCh IKludes dela creeteA by bdb IM city a C WW and Nd aCounty.nlhuMm4aed UW'. Iellb Gtym n ue endpadlap.ling agetues W9aM UM moat anent E and! 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R-3 1.5,000 NORTH Base Data Provided by Dubuque County GIS Path:H:\Planning Services\EVB\Area Plan UpdateMonity Map_HollidayDrive_2.mxd REZONING STAFF REPORT Zoning Agenda: December 3, 2014 Property Address: 2075 Holliday Drive (Lot 1 of Holliday 6th Addition) Property Owner: Warrior Enterprises, LLC Applicant: Brian Kane Proposed Land Use: Commercial Proposed Zoning: C-3 Existing Land Use: Vacant Existing Zoning: C-2c Adjacent Land Use: North — Commercial Adjacent Zoning: North — C-3c East— Commercial East— C-3c South — Commercial South — C-2c West — Residential West— R-1 Former Zoning: 1934 — County AG Total Area: 1.3 Acres 1975 — County AG 1985 —AG Property History: This property was located in the county and was actively farmed. It was annexed in 1979 and the use remained agricultural. 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. Physical Characteristics: The subject property is an approximately 1.3 acre lot with 218 feet of frontage along Holliday Drive. The eastern portion of the lot is relatively level, however, the western portion of the lot slopes, dropping approximately 18 feet to a drainage along the back yards of residential properties along 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. Impact of Request on: Rezoning Staff Report— 2075 Holliday Drive Page 2 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 onto 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. I Adjacent Properties: The subject parcel is bordered on three sides by vacant commercially zoned lots or 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 property is currently zoned C-2 Neighborhood Commercial Shopping Center district with conditions. 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 1.3 acres of property currently zoned C-2c to C-3 General Commercial zoning district. When the property was rezoned in 2003 conditions were placed on the subject property and on the adjacent lots both north and south of the subject property. 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 Rezoning Staff Report — 2075 Holliday Drive Page 3 slope ad a rate of approximately three-to-one (3:1), with the grade rising from the property Ione 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 condition is to continue to bind this property it would have to be reiterated as part of the current rezoning request. Currently, the subject parcel is bordered on three sides by vacant commercially zoned or commercially developed properties and on the fourth side by single-family residential properties. The subject 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. 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 which 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 help to mitigate the potential impacts generated by some of the more intense 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. In August of 2014 the Zoning Advisory Commission and City Council approved a previous request submitted by the same applicant to rezone the adjacent property to the north from C-3c and C-2c to C-3. This request was approved with the condition that: 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 (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 Rezoning Staff Report– 2075 Holliday Drive Page 4 trees shall be planted in a zig-zag pattern approximately fifteen feet (15') apart." Staff recommends that, if approved, the Commission reiterate this condition. Staff also recommends that the Commission review Article 9-5 of the Unified Development Code regarding reclassification of property. Prepared by: ARL�— i Reviewed: / Date: // z/ / Prepared by: LauraCarstens,CityPlanner Address: CitvHaI1,50W.13thSt Telephone: 589-4210 Return to: KevinFirnstahl,CityClerk Address: CityHall-50W.13Lh St Telephone: 589-4121 ORDINANCE NO. 72-14 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 as established in the attached Memorandum of Agreement, to wit: Lot 1 of Holliday Drive 6th 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 15th day of Decemb, 2014. 9, Roy D. Buol, Ma Attest: Trish L. Gleason, Assistant City Clerk Prepared by: Laura Carstens, City Planner Address: City Hall, 50W. 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 1 of Holliday 6th 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. 54-14, 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) 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 Subject 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 governing zoning reclassifications. All such modifications must be approved by the City Council of Dubuque, Iowa. D) 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 rezoning approval within ten (10) days of the adoption of Ordinance No. 54-14. E) 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. 72 -14 I, Rick Sayre, representing Warrior Enterprises, 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 r- day of By: State of Iowa ) ) ss: County of Dubuque) 2014. On this day of _ieLC.9_,ry,bee- 2014 before me, a Notary Public in and for said state, personally appeared Rick Sayre, 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. Notary Public in the State of Iowa My Commission expires: IOW KR1STiNE KREMER r- Commission Number 747455 My Commission Expires June 15, 2016 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 19, 2014, and for which the charge is $15.48. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this day of ar„,„1,,,_,e , 20 /z.. Notary Public in and for Dubuque County, Iowa. MARY K. E TERMEYER ' CornmISEion NumbOr 154885 4 My ComM, EXp, FEB, 1, 2017 xteusamaarmass.1.15misaitososseamammoommide OFFICIAL PUBLICATION ORDINANCE NO. 72-14 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY RECLASS- IFYING HEREINAFTER DESCRIBED PROPER- TY LOCATED ALONG HOLLIDAY DRIVE FROM C-2 NEIGH- BORHOOD SHOPPING CENTER DISTRICT WITH CONDITIONS YO C-3 GENERAL COMMERCIAL DIS- TRICT WITH CONDI- TIONS W, 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 Developrnent Code, is hereby amended by reclassifying the here- inafter -described pro- perty from C-2 Neighborhood Shop- ping Center DiStribt with conditions to C-3 General Commercial District, with condi- tions as established in I the attached Memor- andum of Agreement, to wit: Lot 1 of Holliday Drive 1 6th Addition, and to the centerline of the 1 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 15th day 1 of December 2014. /s/Roy D. Buol, Mayor Attest: /s/Trish L. Gleason, Assistant City Clerk It: 12/19 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 05, 2014, and for which the charge is $29.87. Subscribed before me, a Notary Public in and for Dubuque County, Iowa, this gli* day of4, c—G‘) , 20 _Z7. Notary Public in and for Dubuque County, Iowa. MARY K, 'WESTERMEYER Commission Number 154885 My Comm, Exp, FEB, 1, 2017 CITY OF DUBUQUE, OFFICIAL NOTICE' .,NOTICE g is'' hereb given that the Dubuqu City Council . ' wi conduct nubile hea mgs `"atia "meeting. t commence 'at 6:30 p.m on, Monday, Dece'nb; 15; 2014,,in the Histori Federal "Buildings 35 West 6th Street, on,th foliov�ing • ' ` Institutional Distri Request by Universit of Dubuque ,to amen the, institutional :'' Dis trict on :Auburn Stree to construct a: ;,new educational facility; adjoining the -Univer- sity Science Center. Request by Universit of Dubuque to amend the Institutional Dis` trict " on " McCormick Street to-` construct .ars addition to the Stoltz Center gymnasium 'to increase the seating capacity. Request by Loras College to amend ;the Institutional. District at 755 Loras /1450. Loras Parkway (formerly: Cox Street). to create an addition to the existing Boiler Room building. Rezonings • Request by Brian Kane, / Warrior Enter- prises, LLC to"- rezone property located ` at 2075 -Holliday` Drive (Lot ,1. of 'Holliday; 6th Addition) from C-2< Neighborhood „ Shop- ping CenteraDistrict to General >Commer- cial zoning district. Planned Unit Devel- opment ,;(PUD) 1Sign, Amendment Request] by Dubuque Humane Society , / Maria Benham, to amend the Dubuque Industrial Center Plan- ned Unit Development to permit an electronic , message sign at 4242 Chavenelle Road.. Copies of supporting documents for the public hearings are on file in the. City Clerk's Office, 50 W. 13th . Street .and "may, 'be, viewed during"normal working hours. Written comments regarding ,the above , public hearings may be submitted toothe City Clerk's-- Office on or before said time of public hearing at 50 W. 13th Street, or ctyclej-k@cityofdubu que.org., At said time and place: of public: hearings all interested" citizens and . parties will be' given an opportunity " to __ be heard for or_against said rezoning. Any visual or hearing 1 impaired persons need- 1 ing special assistance or persons with special accessibility , needs y e .II r-' of er c, 0 e ct yi d y_1 should contact the City Clerk's. Office at (563) 589-4100 or TDD (563), 690-6678 at least 48 hours prior to the meeting. Trish L. Gleason, CMC Assistant' City Clerk: it 12/5.,