Bies Drive Ordinance AmendmentPlanning Services Department
City Hall
50 West 13~ Street
Dubuque, IA 52001-4864
(563) 589-4210 phone
(563) 589-4221 fax
(563) 690-6678 TDD
planning ~r cityofdubuque.org
THE CITY OF
DUB E
Masterpiece on the Mississippi
August 9, 2007
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13~' Street
Dubuque IA 52001
Applicant: Roger Klauer
Location: Bies Drive
Description: To amend conditions established in Ordinance 56-01 to allow permanent vehicle
access onto Bies Drive.
Dear Mayor and City Council Members:
The City of Dubuque Zoning Advisory Commission has reviewed the above-cited request. The
application, staff report and related materials are attached for your review.
Discussion
The applicant spoke in favor of the request. He stated that the property is difficult to market with
the lack of access onto Bies Drive.
Staff reviewed the request noting that improvements to the Sylvan, Bies and Century Drive
intersections were not indicated in the City's five-year Capital Improvement Program.
There were no public comments.
The Zoning Advisory Commission discussed the request, noting that the City Engineering
Department will review any proposed access from City streets to the commercial development
property through the site plan review process.
Recommendation
By a vote of 5 to 0 the Zoning Advisory Commission recommends that the City Council approve
the request.
A simple majority vote is needed for the City Council to approve the request.
Respectfully submitted,
~~'~ c~Z, /~c.
Eu ne Bird Jr., Chairperson
Zoning Advisory Commission
Attachments
cc Gus Psihoyos, City Engineer
CC Itr Bies Drive Rezoning (KLauer) 08_20_07
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Service People Integrity Responsibility Innovation
Gty of Dubuque
~ crnr of Planning Services Department
DuB Dubuque, IA 52001-4864
Phone: 563-589210
G~ ~ Fax: 563-589-4221
PLANNING APPLICATION FORM
^ Variance L'~Rezoning ^Simple Site Plan ^Annexation
^Conditional Use Permit ^Planned District ^Minor Site Plan ^Temporary Use Permit
^Appeal ^Preliminary Plat ^ Major Site Plan ^Cerdficate of Economic Non-Vat~ility
^Special Exception ^Minor Final Plat ^ Major Fnal Plat ^Certifigte of Appropriateness
^Limited Setback Waiver ^Text Amendment ^Simple Subdivision ^Other:
Please tvce or print le 4ibly in ink
Property owner(s): Sec ~ ~' a c h e d She e fS ~ Phone:
Address: __ " Gty:
Fax Number:
Appl
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State: 4 zp: "
Mobile/Cellular Number:
~ ')o.lier F~5 lc~ue>ti
Phone: / SG 3 S~ 3 7 S2o
Address:.~b'/ / /QO f ~ ye i! h f-S Gty: Du6a~u e State:.rLL Zp:.S z o 0 3
Fax Number:
Mobile/Cellular Number:
Ste location/address: -S~ ~ ~ ~cc c h ~ e h 2~S
Existing zoning: C 3~. Proposed zoning: C 3~ Historic District: ~''~ Landmark: ~ ~'
Legal Description (Sidwell parcel ID# or lot number/block number/subdivision): See ~ffc~c~ e
Total property (lot) area (square feet or acres): d • a S
Describe proposal and reason necessary attach a letter of explana_n, if needed): ~Prnaye fempor ~rx
c c e ss Z`v ,f3ie s ivii, L a~` ~ errnc-ner, f cufb c~.c'f, e{/`1emPrun~k rn.
off' A'~,feern~ t ~ s~ - °/ flffached Pe~frrrance .S~ia~Uro~s A ~,~
CERTIFICATION: I/we, the undersigned, do hereby certify that:
1. The information submitted herein is true and correct to the best of my/our knowledge and upon
submittal becomes public record;
2. Fees are not refundable and payment does not guarantee approval; and
3. All addtional required written and graphic materials are attached.
Property Owner(
Applicant/Agent:
Date:
Date:
FOR OFFICE US IL - TION SUBMITTAL CHECKLIST
Fee SO . ~ Received by: Date: 6 ~ 7 • o ~ Docket:
^Site/ske~h plan ^Conceptual Deve! nt Plan ^Photo ^Improvement plans
^Design review project description ^Floor plan ^Plat ^Other:
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Memo
To: Dr Klauer
Date: 11 /24/06
Re: monthly update
Update on Activities for your Listing at:
Site: Bies
Web Site Hits:
Cal Is/Faxes/Contacts:
Advertising Promos:TeleQraph Herald, MLS, Direct Mail, Home
Magazine, loopnet, ccimnet, Prudential,
PrudentialPartnersRealty.com, Yahoo/Prudential.
Comments:
Dear Dr Klauer,
Have talked to persons interested in buying. Price and access have
been problem. _
Listing is up 12/12. See renewal enclosed.
Q
MEMORANDUM OF AGREEMENT
Pursuant to the Iowa Code Section 414.5 (1993), and as an express condition of rezoning of the
property described as shown in Exhibit A:
Shown in Exhibit A, and to the centerline of the adjoining public
rights-of--way, all in the City of Dubuque, Iowa.
which is the subject of Ordinance No. 56 -01, 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) ;Performance Standards: The following performance standards shall apply to the subject
property:
1 } That access from Kebbie Drive to the commercial property be eliminated.
2) A temporary access is allowed to Bies Drive. When the intersection of Century
Drive and Bies Drives is reconstructed to provide access to the commercial
property from Century Drive, the property owner will be required to move the access
from Bies Drive to Century Drive at the owner's expense.
3) That a 20-foot wide green space buffer be provided along the common boundary
with the R-1 Single-Family Residential Zoning District.
4) That a six (6) foot high stockade fence with 100% opacity be installed and
arborvitae planted along the fence with five feet spacing and a minimum of three
feet in height at planting along the common boundary with the R-1 Single-Family
Residential District.
B) Reclassification of the Subiect Property. The City of Dubuque, Iowa may initiate zoning
reclassification proceedings to the R-4 Multi-Family Residential Zoning 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) 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 after the adoption of Ordinance No. 56 -01.
E) Construction. This Agreement shall be construed and interpreted as though itwere 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.
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PREPARED BY: IIW ENGINEERS & SURVEYORS P.C, 4155 PENNSYLVANIA AVE, DUBUQUE, IOWA, 563.556.2464
FINAL PLAT
LOT A AND LOTS 1, 2, 3, 4, AND 5; C.J. BIES SUBDIVISION N0. 2
IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
DESCRIPTION: LOTS 1, 2, 3, 4, 5, 6 & 7, BLOCK 2; LOTS 5, 6, 7, 8, 9 & 10,
BLOCK 3; AND LOT 5A, BLOCK 3 (PART OF VACATED KEBBIE DRIVE),
C.J. BIES SUBDIVISION, CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
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LOT 2 3 S89'48 i 3"E
SYLVAN PLACE S89'48'13"E 249.75` o
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R=45.00
L=88.36(88.36)
CH=74.83
CH. BRG=N00'05'S7"E
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C.J. Bies Subdivision
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5E Corner
Lot 7. Block 2
C.J. Bies S„hrilvici..,,
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Prepared by: Laura Carstens. City Planner Address: City Hall. 50 W. 13th St Telephone: 589-4210
Retum to: Jeanne Schneider. Citv Clerk Address: City Hall- 50 W. 13 St Telephone: 589-4121
ORDINANCE NO. 45 - 07
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE
CITY OF DUBUQUE CODE OF ORDINANCES BY AMENDING HEREINAFTER
DESCRIBED PROPERTY LOCATED ALONG BIES DRIVE FROM C-3 GENERAL
COMMERCIAL 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 Appendix A (The Zoning Ordinance) of the City of Dubuque
Code of Ordinances is hereby amended by reclassifying the hereinafter-described
property as shown in Exhibit A, and to the centerline of the adjoining public rights-of-
way, all in the City of Dubuque, Iowa, from C3- General Commercial, with conditions to
C-3 General Commercial, with conditions.
Section 2. 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 on the 20th day of August 2007.
Roy D. Buol
Attest:
Jeanne F. Schneider, City Clerk
ACCEPTANCE OF ORDINANCE NO. ~~' 07
I, Roger G. Klauer, joint property owner, having read the terms and conditions
of the foregoing Ordinance No. y~ ' -07 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 _ 2007.
R er G. Klauer
ACCEPTANCE OF ORDINANCE NO. ~~ ` 07
I, Kathleen M. Sullivan, joint property owner, having read the terms and
conditions of the foregoing Ordinance No. ~~ -07 and being familiarwith the conditions
thereof, hereby accept this same and agree to the conditions required therein.
Dated in Dubuque, Iowa this ~~~ day of ~~~~~~~' 2007.
Kathleen M. Sullivan
ACCEPTANCE OF ORDINANCE NO. ~~ 07
I, Pamela A. Triolo, joint pro?erty owner, having read the terms and
conditions of the foregoing Ordinance No. `T~ -07 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 ,~9~~%~- 2007.
By his-»~~e.- Q ~1.~.~La
Pamela A. Triolo
MEMORANDUM OF AGREEMENT
Pursuant to the Iowa Code Section 414.5 (2005), and as an express condition of rezoning of the
property described as shown in Exhibit A:
Shown in Exhibit A on file in the City Clerk's Office, and to the
centerline of the adjoining public right-of-way, all in the City of
Dubuque, Iowa.
which is the subject of Ordinance No. -07, 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) Performance Standards: The following performance standards shall apply to the subject
property:
1) That access to Kebbie Drive to the commercial property be eliminated.
Rios drive ~~ r`en~~ ~ni Plrivc ~4 4he ~auner°~ ovnen~e
2)~} That a 20-foot wide green space buffer be provided along the common boundary
with the R-1 Single-Family Residential zoning district.
3)4} That a six (6) foot high stockade fence with 100% opacity be installed and
arborvitae planted along the fence with five (5) feet spacing and a minimum of
three (3) feet in height at planting along the common boundary with the R-1 Single-
Family Residential District.
B) Reclassification of the Subject Property. The City of Dubuque, Iowa may initiate zoning
reclassification proceedings to the R-4 Multi-Family Residential Zoning 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) 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. -07.
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.
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THE CTI'Y OF
DuB E
Masterpiece on the Mississippi N
Vicinity Map
Applicant: Roger Klauer
Location: Bies Drive
Description: To amend condition outlined in
Section 2.6 Ordinance 56-01 to allow permanent
vehicle access onto Bies Drive.
Legend
Proposed Area to be Rezoned
City Zoning Boundary
MINUTES
! ZONING ADVISORY COMMISSION
REGULAR SESSION
Wednesday, September 5, 2401
6:30 p.m.
Auditorium, Carnegie Stout Library
360 W. 11th Street, Dubuque, tows
PRESENT: Chairperson Eugene Bird Jr.; Commissioners Ron Smith, Stephen Hardie,
Martha Christ, Jeff Stiles and Dick Schittr; Staff Member Kyle Kritr.
AFFIDAVPT OF COMPLIANCE: Staff presented an Affidavit of Compliance verifying that
the meeting was being held in compliance with the Iowa Open Meetings Law.
MINUTES: The minutes of the August 8, 2001 meeting were approved as submitted.
PUBLIC HEARINGIREZONINGIKLAUER: Application of Roger Klauer to rezone property
located along the east and west sides of Kebbie Drive from R-1 Single-Family Residential
i District to R-3 Moderate Density Multi-Family Residential District.
Roger Klauer, 381 Moore Heights, represented his children wfio are owners of the
property. Mr. Klauer originally purchased the property in 1968. Mr. Klauer has attempted
to sell the property for many years and has not received a descent offer. The 6 lots in
question are not appropriate for single-family homes because of the existing large,
commercial building immediately east of the subject property. There are large
airconditioning units at ground level that also make the subject tots unsuitable for single-
family homes.
Terry Link, 3550 Daniels (comer lot), voiced concern about increasing traffic in the area.
He believes traffic has increased inv olume over the years and the proposed rezoning to
multi-family would result in even more traffic.
Neil Ransford,1584 Bies Drive, voiced concern about multi-family zoning behind him and
indicated that Bies Drive was to have been a cul-de-sac.
Roger Klauer reviewed photos of the property with the Commission showing the proximity
of the commercia! building to the lots on the east side of Kebbie Drive. Mr. Klauer stated
that the existing R-4 District to the south will generate additional traffic on Kebbie Drive
and Oaniels Street if it were to develop for apartments.
Zoning Advisory Commission
Wednesday, September 5, 2001
Page 2
Staff Member Kyle Kritr reviewed the surrounding zoning and land use. He also reviewed
the past zoning applied to the subject properly.
The Commission discussed screening and setback requirements between R-1 and C-3.
The Commission discussed potential conditions attached to a rezoning. They also
discussed issues regarding future street changes in the area. The Commission reviewed
the size of the lots along Kebbie Drive and the potential for the total number of dwelling
units that can be developed under the proposed R-3 zoning. Commissioners reviewed the
proposed realignment of Bies and Sylvan Drive.
Mr. Klauer stated that R-4 zoning exists across Bies drive from the single-family homes.
He also stated that he is willing to only rezone those lots on the east side of Kebbie Drive
immediately adjacent to the former Imperial Lanes Bowling Center.
Julie Hardorff, 15fi5 Kebbie Drive, skated she believes her property value would increase if
the rezoning to R-3 is approved. She and her husband, Rick, stated, however, that they do
not oppose rezoning only the eastern three tots to R-3.
• Motion by Stiles, seconded by Smith, to approve the rezoning request. Motion failed by
the fallowing vote: Aye -None; Nay -Smith, Hardie, Christ, Bird, Stiles and Schiltr.
PUBLIC HEARlNG1REZONINGIKLAUER: Application of Roger Klauer to rezone properly
located along the east and west sides of Kebbie Drive from R-1 Single-Family Residential
District and R-4 Multi-Family Residential District to C-3 General Commercial District.
Roger Klauer reviewed the surrounding zoning noting that the property has been for sale
for many years and he has not received any fair offers. He stated that the subject property
has commercial zoning on three sides and that he feels the R-4 zoning is no longer
appropriate for the properly.
Steve Krieg, 1576 Bies, voiced concern that Kebbie Drive will be used for access. He is
also concerned about additional traffic from the new commercial lots as well as existing
traffic. Mr. Krieg also voiced concern about pemritted uses allowed by C-3 zoning.
Terry Link, 3550 Daniels, spoke concerning traffic on Bies Stmt and that a bad situation
will only be rr~de worse if the subject property is zoned C-3.
Neil Ransdorf, 1584 Bies Drive, voiced concern about the volume of traffic on Bies Drive.
He believes the request will add to traffic congestion.
•
Zoning Advisory Commission
Wednesday, September 5, 2001
Page 2
Staff Member Kyte Kritz reviewed the surrounding zoning and land use. He also reviewed
the past zoning applied fio the subject property.
The Commission discussed screening and setback requirements between R 1 and C-3.
The Commission discussed potential conditions attached to a rezoning. They also
discussed issues regarding future street changes in the area. The Commission reviewed
the size of the lots along Kebbie Drive and the potential for the fiotal number of dwelling
units that can be developed under the proposed R-3 zoning. Commissioners reviewed the
proposed realignment of B'ies and Sylvan Drive.
Mr. Kiauer stated that R-4 zoning exists across Bies drive from the single-family homes.
He also stated that he is willing to only rezone those lots on the east side of Kebbie Drive
immediately adjacent th fhe former Imperial Lanes Bowling Center.
Julie Hardortf,1565 Kebbie Drive, stated she believes her property value would increase if
the rezoning to R-3 is approved. She and her husband, Rick, staffed, however, thatthey do
not oppose rezoning only the eastern three tots to R-3.
• Motion by Stites, seconded by Smith, to approve the rezoning request Motion failed by
the following vote: Aye -None; Nay -Smith, Hardie, Christ, Bird, Stiles and Schiltz.
PUBL~ HEARINGIREZONINGIKLAUER: Application of Roger Klauer to rezone property
located along the east and west sdes of Kebbie Drive from R-1 Single-Family Residential
District and R-4 Multi-Family Residential District to C-3 General Commerraal District.
Roger Klauer reviewed the surrounding zoning noting that the property has been for sate
for many years and he has not received any fair offers. He stated that the subject property
has c;omrnercial zoning on thn~ sides and that he feels the R-4 zoning is no longer
appropriate for the property.
Steve Krieg, 1576 Bies, voiced concern that Kebbie Drive will be used for access. He is
also concerned about additional traffrc from the new commercial cots as well as existing
traffic. Mr. Krieg also voiced concern about p uses allowed by C-3 zoning.
Terry Link, 3550 Daniels, spoke concerning traffic vn Bies Stree# and tha# a bad situation
wi11 only be made worse if the su6yect Property is zoned C-3.
Neil Ransdorf,1584 Bies Drive, voiced concern about the volume of traffic on Bies Drive.
He believes the request will add fio traffic congestion.
Zoning Advisory Commission
Wednesday, September 5, 2001
Page 3
Mr, Klauer stated the existing R-4 zoning allows for development that will also increase
traffic on Bies and Kebbie Drives. He feels the existing zoning does not fit the parcel.
Staff Member Kritz reviewed surrounding zoning and land use. He also reviewed a sketch
provided by the Engineering Division that shows potential realignment of Bies and Sylvan
Drives.
The Commission discussed the request noting that possible conditions on rezoning might
be to eliminate Kebbie Drive only access to parcel from Century Drive, with additional
screening between the single-family homes and the commercial zoning district. The
Commission reviewed a letter of support from the HardorfPs. The Commission reviewed
.the list of permitted uses in C-3 and R-4.
The Commission discussed potential conditions to mitigate negative aspects of commercial
development. The Commission also reviewed previous n3quests where corruriercial zoning
abuts residential zoning.
• Motion by Christ, seconded by Stiles, to approve the rezoning request with a friendly
amendment to add the fioNowing conditions: 1) That access from Kebbie Drive to the
commercial property be eliminated; 2}that access to the commercial property be limited to
only Cen#ury Drive; 3} that a 20-foot wide green space buffer be provided along the
common boundary with the R-1 Single-Family Residential zoning district; 4) that a six (6}
foot high stockade fence with 100% opacity be installed and arborvitae planted along the
fence with five feet spacing and a minimum of three feet in height at planting. Motion
carried by the following vote: Aye -Smith, Hardie, Christ, Bird, Stiles and Schiltz; Nay -
None.
ADJOURNMENT: The meeting adjourned at 8:00 p.m.
/d~3/O/
Ky~ L. Kritz, ociate Planner Adopted
•
THE CITY OF
DUB E
Masterpiece on the Mississippi
MEMORANDUM
July 25, 2007
TO: Zoning Advisory Commission
FROM: Guy Hemenway, Assistant Planner
SUBJECT: Request by Roger Klauer to remove condition outlined in Section 2.6 of
Ordinance 56-01 prohibiting permanent vehicle access onto Bies Drive.
INTRODUCTION
Mr. Roger Klauer has submitted a request to remove a condition placed on the rezoning
of his property in September of 2001. The property consists of two parcels that total
approximately 2.2 acres located at the intersection of Sylvan and Bies Drives just north
of their intersection with Century Drive. The property has approximately 270 feet of
frontage along Bies Drive and is bordered by single-family residential development to
the north, multi-family residential and commercial development to the west, vacant
commercially-zoned property to the south and commercial development to the east.
DISCUSSION
In 2001, the subject property was rezoned from R-4 Multi-Family Residential to C-3
General Commercial with conditions (please see attached information). At the time of
the rezoning, the Commission decided to limit access to Century Drive only, with a
temporary access permitted along Bies Drive. The condition states: "A temporary
access is allowed to Bies Drive. When the intersection of Century Drive and Bies Drive
is reconstructed to provide access to the commercial property from Century Drive, the
property owner will be required to move the access from Bies Drive to Century Drive at
the owner's expense." Bies Drive is a local street. Improvements to the
Bies/Sylvan/Century Drive(s) intersection are not currently in the City's five-year capital
improvement program. The applicant is asking to remove the condition that permanent
access to the property is allowed only onto Century Drive.
The City Engineering Department will review any proposed access in light of current
and future street alignments through the site plan review process. If the Commission
were to remove the condition limiting access, City Engineering will still require an
access that meets all City requirements for traffic flow and safety.
Bies Drive access Memo Page 2
RECOMMENDATION
Staff recommends that the Zoning Advisory Commission review the request to
determine if removal of the original condition regarding access is warranted and to
make a recommendation to the City Council.
GH/mkr
Attachments