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
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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.
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4.SURVEY MWESTED BY: BRAD BIERMAII
5.THIS PLAT 15 SUBJECT TO EASEMENTS OF RECORD AND NOT DF RECORD.
LEGEND
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p\1 // HEREBY CERTIFY THAT MIS LAND SURVEY YORKWAS NC DOCUMENT WAS B 5/6•flEROD(FW W) _
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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'
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• 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
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�a SHEET IDLE PROdLi NO.14151 REU)9MUEttD OR RENANS DRAM BY:
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(� HOLLIDAY 6TH ADDITION ro Im]as
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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
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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 '....
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ZONING ADVISORY
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Vicinity Map
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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.
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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.,