Plastic Center NW Art - AsburyBt~all J. Kane
Gary K. Norby
Les V. Reddick*
D. Flint Drake**
Brad J. Heying
Todd L. Stevenson*
MaryBeth Pfeiler Salmon
Ma~ A. Cherba
Kevin T. De~ny
All admired in Iowa
*Also admitted in Illinois
**Also admitted in Wisconsin
KANE, NORBY & REDDICK, P.C.
ATTORNEYS
2100 ASBUP. Y ROAD, SUITE 2
DUBUQUE, IA 52001-3069
October 1, 2001
Of Counsel:
Louis P. Pfeiler
Phone: (563) 582-7980
Facsimile: (563) 582-5312
E-mail: knrpc~-ncleodusa.net
The Honorable Members of the Dubuque City Council
City of Dubuque
City Hall
Dubuque, IA 52001
RE: PLASTIC CENTER, 1NC./ASBURY CONCEPTUAL PLAN/
OCTOBER I, 2001 PUBLIC HEARING
Dear Ladies and Gentlemen:
We are counsel for Plastic Center, Inc. (d/b/a The Fischer Companies) and write this letter
in conjunction with the above public heating. Further, this letter supplements our client's September
27, 2001 letter to you.
We respectfully request that you approve of the conceptual development plan proposed by
our client to develop approximately 160 acres of existing farm land at the southeast comer of the
intersection of Asbury and the Northwest Arterial for the following reasons:
1. The proposed development is consistent with the City's comprehensive plan inasmuch as
it includes a mixture of commemial, office and residential uses for the property. Your ordinance,
Section 42-4 provides:
Conformance to Comprehensive Plan:
All lands proposed for subdivision shall conform in development to the intent and
spirit of the Comprehensive Plan, in so far as practical, in the location of streets,
alleys, boulevards, parks and other public places and facilities; and shall not conflict
or interfere with the rights of way or future extensions of streets shown thereon or
akeady established. The provisions in this Chapter shall be administered to ensure
orderly growth and development and shall supplement and facilitate the provisions
in the Comprehensive Plan, Zoning Ordinance, City standards and capital
improvement budget.
KANE, NORBY & REDDICK, P.C.
October 1, 2001
Page 2
See also, Ordinance Section 42.17. This proposed development carefully complies with
Section 42-4 by its proposed uses, location of streets and orderly development of the area;
2. The plan, in our view, allows for addressing storm water issues, particularly along the
easterly boundary line of the property. Concerns in this regard were raised at a neighborhood
meeting and our client intends to comply with the City requirements in this regard such that its
development does not add to the volume or pace of the m-off. Our client, as you know, must
comply with all City ordinances in connection with water nm-offwhich, during the development of
the property, may alleviate some existing water concerns;
3. The proposed development, particularly with regard to the site impact traffic study by
Yaggy Colby Associates, takes into account 20 year traffic projections for the area and increased
traffic on area residential streets. Increased traffic on area residential streets was another concern
raised by neighbors at the neighborhood meeting. The development concept plan was reconfigured
from earlier versions to prevent any direct access to the commercial development areas of the
proposed plan from a residential area and to prevent a straight section of streets which traverse the
entire length of the site. As you know, the existing street system provides four connector streets into
the development using Admiral, Rosemont, Grant and Westway Streets. Distribution of local traffic
throughout these streets, in the opinion of the traffic engineers, dilutes the volume of new traffic in
any one residential area;
4. Neither we nor our client or our client's engineers have received any objections to the
proposed development from the City planning or City engineering offices. We are not aware of any
objection to the engineering performed by our client's engineers by any City staff with regard to
traffic or any other engineering feature of the proposed development;
5. With regard to access to the Northwest Arterial, we note from a recent report published
in the Telegraph Herald concerning the City's goals for the upcoming year that one of the matters
in the third grouping of goals was access standards to the Northwest Arterial. We understand that
the State of Iowa will be returning jurisdiction of the Northwest Arterial (Highway 38) to the City
of Dubuque in the near furore. We have received some indication that this "goal" involves the leg
of the Northwest Arterial which is presently under construction from J.F. Kennedy Road to Highway
52 North, and not the leg of the Northwest Arterial from Highway 20 to J.F. Kennedy Road. Even
if the "goal" involves the existing leg of the Northwest Arterial from Highway 20 to J.F. Kennedy
Road, we understand that you have not as yet established a specific policy other than to address
requests for access as those requests are brought before you.
Your ordinance, Section 41-34, provides:
Access to the Northwest Arterial will be granted only by the Department of
Transportation with a concurrence of the City Manager. The City Manager shall not
concur in the granting of a permit under this Division for any driveway access onto
the Northwest Arterial without prior approval of the City Council. The minirnum
KAN-E, NORBY & REDDICK, P.C.
October 1, 2001
Page 3
allowable spacing between access locations shall be 1,000 feet. No access shall be
allowed on any intersecting side street under City jurisdiction witlfin 150 feet of the
edge of the Northwest Arterial, or within 150 feet of the edge of any planned
additional through lanes.
Furthermore, under Section 41-35, the City Manager shall issue a permit required by this
provision for the work applied for when the City Manager finds:
(0
That the work will be done in accordance with the standard specifications for
curbs, curb cuts and driveways prepared by the City Engineer and approved
by the City Council;
(2)
That the proposed work will not unreasonably interfere with vehicular and
pedestrian traffic, the demand and necessity for parking spaces and means of
egress and ingress to and from the property affected and adjaccmt property;
(3)
That the health, welfare and safety of the public will not be unreasonably
impaired.
Our client is agreeable to the requirements in the preceding ordinances and will comply with
those requirements.
Our client's traffic study states that the proposed access provides the best option with regard
to the development of the existing property. Without such proposed access on the Northwest
Arterial, the traffic on Asbury Road will significantly increase requiting, among other things, the
significant widening of Asbury Road to handle the increase in traffic.
It seems that the proposed accesses to the Northwest Arterial are reasonable, in light of your
prior approvals of other accesses to the Arterial (e.g. Chavenelle Drive re Medical Associates, etc.).
The proposed development of this property, consistent with the City's comprehensive plan, is no less
worthy a project than the prior accesses granted to the owners along the leg of the existing Northwest
Arterial between Highway 20 and Pennsylvania Avenue. Our client seeks access as described in its
proposed conceptual development between Pennsylvania Avenue and Asbury Road, one access
being a right-in/fight-out and the other being a signalized access allowing ingress and egress to the
site from both lanes of traffic of the Northwest Arterial. Such access is required by our client's
national box store proposed user/developers of the commercial portions of our client's property.
For those who argue that allowing such limited access would cause the Northwest Arterial
to be "...another Kennedy Road..." we note that the distance from Kaufraarm Avenue to University
at Kennedy Road is approximately 1.9 miles, and in that area there are approximately 101 curb cuts.
The distance between Highway 20 and J.F. Kennedy Road on the Northwest Arterial is
approximately 3.1 miles and there are approximately 7 curb cuts in that area. In other words, in an
KANE, NORBY & REDDICK, P.C.
October 1, 2001
Page 4
area 150% longer, there are approximately 7% of the curb cuts; hardly a valid comparison upon
which to deny our client's proposed accesses to its development; and,
6. The proposed development will enhance the residential, commercial and office space
offerings to the Dubuque community, will increase the City's tax base and is consistent with the
City's comprehensive plan. All existing ordinances and engineering and other requirements will be
met and will foster and promote the City's and its citizen's best interests, health and welfare, without
any unduly negative effect on anyone.
For the foregoing reasons, we respectfully request that you approve of the development of
the proposed conceptual plan. Please do not hesitate to contact us directly should you have any
questions. Thank you.
Best regards,
Brian J. Kane
BJK:db
Copy To: Mr. James M. Pfohl
[] DUBUQUE OFF]CE
TEL,
[] NEW YORK OFFICE
546 46TH AVENUE, L,L CITY, N.~
ZiP 11101
TEL. 212-784-4800
September 27, 2001
The Honorable Membem of the Dubuque City Council
City of Dubuque
CiW Hall
Dubuque, IA 52001
Re:
Plastic Center, lnc./Conceptanl Development
Plan/October 1, 2001 Public Hearing
Dear Ladies and Gentlemen:
You are holding a public hearing at your October 1, 2001 City Council meeting with regard to the submission by Plastic Center,
Inc. (d/b/a The Fischer Companies) to develop apprtzxinmtely 160 acres of funnland at the intersection of Asbury Road and the
Northwest Arterial. The proposed layout follows the City of Dubuque eomprehansive plan developed more than five years ago
by your plamaing department.
Approximately a year and a half ago, our development plan was approved by the planning and zoning commission. Rather than
proceed with a public hearing at that time, however, it was deemed prudent to request that this plan be tabled pending detfisions
about the Northwest Arterial (and the location of the Southwest Arterial) and other matters. When we recently asked that the
matter be taken off the table, you retttmed it to the zoning commis(xon. That group affnaned its prior recommendation approving
of the plan and returned it to you for the above public hearing.
At the meeting with neighbors of the proposed development prior to our initial appearance before the zoning commission, the
concern voiced generally related to traffic and how this might impact both the surrounding residential roa&s as well as Asbury
Road itself wlfich akeady carries more cars per hour than the Northwest Arterial. For this reason, both our traffic conseltmtt and
representatives from the national box stores that have shovm interest in our property believe that the only solution is to have both
in.ess and egress access to the Northwest Arterial as shown on the attached plan.
The diagram also attached illustrates the nmnber of traffic lights already existing on the Northwest Arterial. Please note the
"open" section of the Arterial bordering our proposed development as one approaches Asbury Road from the south. We
understand that city staff checked the sight lines relative to the location of the proposed traffic signal and have voiced no
objections. At Monday's meeting, our traffic analyst will go into further detail relative to these matters and will answer any
questions you ma3" have. We have also been advised that the newer "intelligent" lighting systems serve to ease traffic problems
by minimizing any delays.
The development of this property will increase job opportunities, provide a wider range of shopping choices for Dubuquers and
result in an increased mx base for the city. Dubuque is now clearly "on the move" and during this period of national depression
and economic gloom, the optimism expressed by almost all Dubuquers concerning the city's future grm~ is reasanring. We
hope that in this spirit our application will bo approved.
Sincerely,
L3qan P. Quigley
Vice President
ITl
Planning Services Department
C~y ~
50 West 13th S~eet
Dubuque, Iowa 52001-4864
(563) 589~210 office
(563) 5894221 fax
planffingC~tyofdubuque.org
September 25, 2001
The Honorable Mayor and City Council Members
City Hall - 50 W. 13th St.
Dubuque, IA 52001-4864
Dear Mayor and City Council Members:
This letter is in regard to the recent rezoning request by Roger Klauer for property
located at the corner of Century Drive and Bies Drive. The City Council recently
received a letter from Mr. Klauer advising that he did want to clari~ one of the
conditions that were recommended by the Zoning Advisory Commission, and
subsequently approved by the City Council, that would limit access to Century Drive.
The Zoning Advisory Commission recommended approval of Mr. Klauer's request for
rezoning from R-4 Multi-Family Residential District to C-3 General Commercial
District, with several conditions. One of those conditions was to limit access to
Century Drive from the commercial property. The Zoning Advisory Commission had
reviewed a proposed layout for realigning the intersection of Century Drive and Bies
Drive. I believe there may have been some misunderstanding regarding the
Commission's restriction on access to Century Drive. Some Commission members
may not have understood the tentative nature of the project for realigning the two
streets. It is my belief that the Zoning Advisory Commission's true intention was to
allow access to Bies Drive until such time as the realignment of Century Drive and
Bies Drive takes place, and then restricting access to Century Drive only.
It is my request that if the City Council believes it is necessary, the Zoning Advisory
Commission would be glad to review this issue at our November 7, 2001 Zoning
Advisory Commission meeting if the Council believes that referring the matter back to
the Commission would be of some benefit.
Sincerely,
g e Bird, Jr., Chairperson
Zoning Advisory Commission
Ordinance No.
Page 9
-01
7)
Other Codes and Regulations: These regulations do not
relieve an owner from other applicable city, county, state or
federal codes, regulations, laws and other controls relative to
the planning, construction, operation, and management of
property within the City of Dubuque.
Open Space and Recreational Areas
Those areas not designated on the conceptual development plan for
development shall be maintained by the property owner and/or
association as open space, as defined by Section 8 of the Zoning
Ordinance.
Transfer of Ownership
Transfer of ownership or lease of property in this PUD District shall
include in the transfer or lease agreement a prevision that the purchaser
or lessee acknowledges awareness of the conditions authorizing the
establishment of the 'district.
Modifications
Any modifications of this Ordinance must be approved by the City Council
in accordance with zoning reclassification proceedings of Section 6 of the
Zoning Ordinance.
Recordin,q.
A copy of this ordinance shall be recorded at the expense of the property
owner(s) with the Dubuque County Recorder as a permanent record of
the conditions accepted as part of this reclassification approval within ten
(10) days after the adoption of this ordinance. This ordinance shall be
binding upon the undersigned and his/her heirs, successors and assigns.
Section 3. The foregoing amendment has heretofore been reviewed by the
Zoning Commission of the City of Dubuque, Iowa.
Section 4. The foregoing amendment shall take effect upon publication, as
provided by law.
Passed, approved and adopted this
00.
ATTEST:
day of ~
Te/a~ce M. Dugg~l y
Jeanne F. Schneider, City Clerk
Prepared by: Laura Carstens. City Planner Address: City Hall, 50 W. 13th Street Telephone: 589-4210
ORDINANCE NO. 73-01
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE
CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED AT THE SOUTHEAST CORNER OF HIGHWAY
32 (NORTHWEST ARTERIAL) AND ASBURY ROAD FROM AG AGRICULTURAL
DISTRICT TO PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH PC PLANNED
COMMERCIAL DISTRICT, PO PLANNED OFFICE AND PR PLANNED RESIDENTIAL
DISTRICT DESIGNATIONS, AND ADOPTING A CONCEPTUAL DEVELOPMENT
PLAN, WITH CONDITIONS, FOR PLASTIC CENTER, INC.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. 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 PUD Planned Unit Development District with PC Planned Commercial,
PO Planned Office and PR Planned Residential District designations and adopting a
conceptual development plan, a copy of which is attached to and made a part hereof, with
conditions for Plastic Center, Inc., as stated below, to wit:
Lot 1 and 2 of the Pfohl Farm, and to the centerline of the adjoining public right-of-way,
all in the City of Dubuque, Iowa.
Section 2. Pursuant to Iowa Code Section 414.5 (1993), and as an express condition
of the reclassification, the undersigned property owner(s) agree(s) to the following conditions,
all of which the property owner(s) further agree(s) are reasonable and imposed to satisfy the
public needs that are caused direc~y by the zoning reclassification:
A. Definitions
Building-related Features: Building-related features are defined as all
constructed item, which rise above the grade surface of the lot. These
include:
a)
b)
c)
d)
e)
The primary building
All accessory or secondary buildings
All exterior storage areas
Exterior refuse collection areas
Exterior mechanical equipment
Ordinance No. - 01 2
Page 2
2)
Containerized or tank storage of liquids, fuels, gases and
other materials
Vehicle-related Features: Vehicle-related features are defined as
all areas used for the movement and parking of all vehicles within
the lot. These include:
a)
b)
c)
d)
e)
f)
Employer and visitor parking spaces
Driveways from the street right-of-way line to and from
parking spaces
Loading spaces outside of the building
Maneuvering space and driveways to and from loading
spaces
Parking spaces for company-owned commercial vehicles
Fire lanes
3)
Open Space Features: Open space features are defined as those
exterior areas and developed features of the lot. These include:
a)
b)
c)
Landscaped space containing lawn areas and plantings
Paved, hard-surfaced pedestrian areas such as walkways,
plazas, entryways and courtyards
Surface storm water detention areas not otherwise used for
d) building-related or vehicle-related purposes
e) Open recreation areas and recreational trail
Other non-building and non-vehicular-related space
Use Regulations.
The follOwing regulations shall apply to all uses made of land in the above
described PUD District:
Principal permitted uses in the Planned Commercial District shall
be limited to:
a)
b)
c)
d)
e)
f)
g)
h)
i)
J)
Regional shopping center [43]
Retail sales/service [17]
Indoor restaurant [17] Drive-
in/carry-out restaurant [28]
General offices [14]
Indoor recreation [37]
Outdoor recreation [37]
Auto sales and service [38] Auto
service centers [34] Group day
care center [8]
Ordinance No. - 01 3
Page 3
Principal permitted uses in the Planned Office District shall be
limited to:
a)
b)
c)
d)
e)
f)
g)
General offices [14] Medical
office/clinic [36]
Dental/medical laboratory [8]
Artist studio [5]
Barber/beauty shop [16]
Private club [20]
Group day care center [8]
3)
Principal permitted uses in the Planned Residential District shall be
limited to:
a)
Multi-Family Zone: All principal permitted, accessory)
conditional and temporary uses allowed in the R-3 Moderate
Density Multi-Family Residential District as established in
Section 3-1.4 and the Zoning Ordinance.
b)
Single-Family Zone: Ail principal permitted, accessory,
conditional and temporary uses allowed in the Single-Family
Residential District as established in Section 3-1.1 of the
Zoning Ordinance.
[ ] Parking group-see Section 4-2 of the Zoning Ordinance.
4) Conditional uses reserved for future use.
Lot and Bulk Regulations.
Development of land in the PUD District shall be regulated as follows:
1)
All building structures and activities shall be located in
conformance with the attached conceptual development plan and
all final site development plans shall be approved in accordance
with provisions of the PUD District regulations of this ordinance
and of Section 3-5.5 of the Zoning Ordinance.
2)
Ail building-related features shall be in accordance with the
following lot and bulk regulations:
a)
Ail buildings and structures within the Planned Commemial
District shall be regulated by the bulk standards of the C-3
General Commercial District Section 3-3.3.
b) The Planned Office District shall be regulated by the bulk
standards of the OS Office Service District Section 3-2.2.
Ordinance No. - 01 4
Page 4
Co
c)
All buildings and structures within the Multi-Family Zone of
the Planned Residential Distdct shall be regulated by the
bulk standards of Section 3-1.4 of the Zoning Ordinance.
d)
All buildings and structures within the Single-Family Zone of
the Planned Residential District shall be regulated by the
bulk regulations of Section 3-1.1 of the Zoning Ordinance.
Parkin,q Re.qulations
1)
All vehicle-related features shall be surfaced with either asphalt or
concrete.
2)
3)
Curbing and proper surface drainage of storm water shall be
provided.
All parking and loading spaces shall be delineated on the surfacing
material by painted stripes or other permanent means.
4)
The number, size and design of parking spaces shall be governed
by applicable provisions of City of Dubuque Ordinances enforced
at the time of development of the lot.
5)
The number, size, design and location of parking spaces
designated for persons with disabilities shall be according to the
local, state or federal requirements in effect at the time of
development.
6)
The location and number of private ddveway intersections with
public streets shall be established by the City of Dubuque.
Landscaping Re,qulations
1)
Plant Materials: The open space area of each commercial and
office lot shall be planted with permanent lawn and ground covers,
shrubs and trees. It is the intent of these regulations that the
development of required open spaces shall reflect a high quality of
environmental design. The following provisions shall apply to each
commercial and office lot:
a)
Landscape plans are required as part of submittals for site
plan review. Landscape plans are to include type, number
and size of proposed planfings~ As a minimum, the
submitted landscape plan should include the following:
For every one (1) acre of lot size, four (4) trees shall
be required to a required maximum of forty (40) trees.
Ordinance No. - 01
Page 5
2)
Each required tree shall be at least two (2) inches in
diameter at planting.
Shrubs shall be used to screen parking areas and provide
accent around buildings.
Parking areas located in front yards shall be screened with
a combination of trees, shrubs or berms to provide a
landscape screen of 50% opacity and three (3) feet in
height.
All exposed soil areas remaining after the construction of building
and vehicle-related features shall be planted with a permanent
ground cover to prevent erosion. Within one (1) year following
completion of construction, or by the date that a building is issued
an occupancy certificate by the Building Safety Department of the
City of Dubuque, whichever first occurs, required landscaping shall
be installed.
3)
The lot owner is required to replant any and all plant materials,
which have died due to any cause dudng the effective period of
this PUD ordinance.
4)
The area between the public street and the right-of-way line shall
be planted with grass and maintained by the lot owner.
5)
Pedestrian Access: Permanent hard-surfaced walkways shall be
installed and maintained by the owner for purposes of pedestrian
movement between ali parking areas and functioning entries and
exits of the buildings.
Sign Requlations.
1)
The provisions of Section 4-3 Sign Regulations) of the Zoning
Ordinance shall apply unless further regulated by this section.
2) Planned Commercial District; Regional Shopping Center:
a)
Center Identification Sign: One (1) center identification sign
located along the Northwest Artedal (Highway 32) frontage.
This sign shall be a ground-mounted sign a maximum of
twelve (12) feet high and twenty-five (25) feet wide,
b) Tenant Identification Signs:
Two (2) tenant identifications signs. Each sign shall
be a ground-mounted sign a maximum of thirty-five
Ordinance No. - 01 6
Page 6
(35) feet high and twelve (12) feet wide. Multiple tenants can be
displayed on these signs with square footage to be allocated by
the developer.
Wall-mounted signage for tenants occupying greater than
30,000 square feet of leased area shall be limited to one
(1) sign per street frontage. The total square footage of
said wall-mounted signs will be based on 20% of the front
building wall area.
Wall-mounted signage for tenants occupying less than
30,000 square feet of leased area shall be limited to
one (1) sign per street frontage. The total square
footage of wall-mounted signs will be based on 10% of
the front building wall area.
c)
Planned Commercial District; Out-lot Signage:
Each out lot parcel shall be allowed wall-
mounted signage as per the C-3 General
Commercial District sign regulations. The
maximum number of signs per business is two
(2) signs.
Each out lot parcel shall be allowed one (1)
freestanding sign, limited to 100 square feet in
size and a maximum height of 25 feet.
d)
Directional signs will be allowed as permitted by C-3
General Commercial District sign regulations in Section 4
3.11 of the Zoning Ordinance.
3)
Planned Office District: Signage will be regulated as per the OS
Office Service Distdct sign regulations in Section 4-3.11 of the
Zoning Ordinance.
4)
Planned Residential District: Signage will be regulated as per the
R-1 Single-Family Residential District sign regulations in Section 4
3.11 of the Zoning Ordinance.
Performance Standards
The development and maintenance of uses in this PUD District shall be
established in conformance with Section 3-5.5 of the Zoning Ordinance
and the following standards:
1) Site Lighting (Commercial and Office)
Ordinance No. - 01 7
Page 7
a)
Exterior illumination of commercial and office lots shall be
limited to the illumination of the following:
Parking areas, driveways and loading facilities
pedestrian walkway surfaces and entrances to building
· Screened storage area
· Building extedor
b)
2)
Location and Design:
All exterior lighting shall be designed, installed and
maintained so as not to cause glare or to shine into
adjacent lots and streets.
All exterior lighting luminaries shall be designed and
installed to shield light from the luminaries at angles
above 72 degrees from vertical.
A lighting plan shall be included as part of the site
plan submittals that indicates types of lights used
and ground light pattern for building lighting of
building and parking-related features on commercial
and office lots.
· Fixtures mounted on a building shall not be
positioned higher than the roof line of the
building,
· Wooden utility-type poles are acceptable only for
temporary uses during construction.
· All electrical service lines to posts and fixtures
shall be underground or concealed inside the
posts.
Utility Locations
a)
Service lines: all electrical, telephone, cable and
other similar utility lines serving buildings and other
site features shall be located underground.
b)
Mechanical equipment for commercial and office
buildings: all electrical transformers, switching gear,
relay boxes, meters, air conditioning units, heat
pumps and other similar mechanical equipment,
including roof-mounted mechanical equipment, shall
be screened from view. Mechanical equipment shall
Ordinance No, - 01 8
Page 8
3)
4)
5)
6)
be screened in such a manner that it will appear to be
an integral part of the building's overall architectural
design. Fencing of at least 50% opacity, masonry
walls or plantings may be used to visually screen
mechanical equipment.
Detention basins required as part of this development shall be
enclosed with fencing.
Final site development plans shall be submitted in accordance with
Section 4-4 of the Zoning Ordinance prior to construction of each
building and vehicle-related feature unless otherwise exempted by
Section 4-4.
The developer shall provide a two-acre park for dedication to the
City of Dubuque.
Exterior Trash Collection Areas (commercial and office lots only):
a)
The storage of trash and debds shall be limited to that
produced by the principal permitted use and accessory uses
of the lot.
b)
The ground area coverage of extedor trash collection areas
shall be the area contained inside the required screening
and this area shall be considered a building-related feature
for purposes of calculating total land area coverage.
c)
Exterior trash collection areas shall be located in rear or
side yards only.
d)
All exterior trash collection areas and the materials
contained therein shall be visually screened from view. The
screening shall be completely opaque fence, wall or other
feature not exceeding a height of 10 feet measured from the
ground level outside the line of the screen. Screens built on
sloping grades shall be stepped so that their top line shall
be horizontal. All exterior entrances to a screened trash
area shall be provided with a gate or door of similar design
to that of the screen.
If a 10 foot high screen fails to shield the extedor trash
collection area from view from points inside or outside of the
property, evergreen plantings may be required in addition to
the screening. Evergreen plant materials shall be selected
and designed so that they will screen the area from all off
site visibility within five {5) years.
Ordinance No. - 01
Page 9
7)
Other Codes and Regulations: These regulations do not
relieve an owner from other applicable city, county, state or
federal codes, regulations, laws and other controls relative to
the planning, construction, operation, and management of
property within the City of Dubuque.
Open Space and Recreational Areas
Those areas not designated on the conceptual development plan for
development shall be maintained by the property owner and/or
association as open space, as defined by Section 8 of the Zoning
Ordinance.
Transfer of Ownership
Transfer of ownership or lease of property in this PUD District shall
include in the transfer or lease agreement a provision that the purchaser
or lessee acknowledges awareness of the conditions authorizing the
establishment of the 'district.
Modifications
Any modifications of this Ordinance must be approved by the City Council
in accordance with zoning reclassification proceedings of Section 6 of the
Zoning Ordinance.
Recordin.q.
A copy of this ordinance shall be recorded at the expense of the property
owner(s) with the Dubuque County Recorder as a permanent record of
the conditions accepted as part of this reclassification approval within ten
(10) days after the adoption of this ordinance. This ordinance shall be
binding upon the undersigned and his/her heirs, successors and assigns.
Section 3. The foregoing amendment has heretofore been reviewed by the
Zoning Commission of the City of Dubuque, Iowa.
Section 4. The foregoing amendment shall take effect upon publication, as
provided by law.
Passed, approved and adopted this 19th day of November,
2001.
/s/ Terrance M. Duggan, Mayor
ATTEST:
/s/ Jeanne F. Schneider, City Clerk
ph Robb
J ins, Mayor Pro-Tem
ACCEPTANCE OF ORDINANCE NO. 73-01
I, James M. Pfohl, President of Plastic Center, Inc., property owner, having read
the terms and conditions of the foregoing Ordinance No.. -00 and being familiar
with the conditions thereof, hereby accept the same and agree to the conditions
required therein.
Dated this 19th day of November, 2001.
/s/ James M. Pfohl, President
Plastic Center
(563) 589-4210 office
(563) 589.4221 fax
planning@ci~7ofdubuque.org
August 14, 2001
The Honorable Mayor and City Council Members
City of Dubuque
City Hall -50 W. 13t~ Street
Dubuque, iA 52001
RE: City Council Referral to Zoning Advisory Commission
Applicant:
Location:
Description:
Buesing & Associates/Plastic Center, Inc.
Southeast Comer of the Northwest Artedal and Asbury Road
To rezone property from AG Agricultural Distdct to PUD Planned Unit
Development with a PC Planned Commercial, PO Planned Office and PR
Planned Residential designation (approval recommended by the Zoning Advisory
Commission on June 7, 2000; referral by City Council on July 16, 2001).
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 Zoning Advisory Commission discussed the request, reviewing Public Works Director Mike
Koch's memorandum dated August 2, 2001 regarding the scope of the traffic study proposed in
June 2000. The submitted traffic study did take into account projected vehicle tdps generated
from development of the Hilby property and Asbury Plaza. Commissioners also reviewed the
minutes of their June 7, 2000 meeting, noting that public comments focused on traffic and storm
water drainage.
Recommendation
By a vote of 5 to 1, the Zoning Advisory Commission reaffirms their recommendation to approve
the requested rezoning by Plastic Center, Inc.
A simple majority vote is needed for the City Council to approve the request.
Respectfully submitted,
Eugene Bird, Jr., Chairperson
Zoning Advisory Commission
Attach ments
CITY OF DUBUQUE, IOWA
MEMORANDUM
August2,2001
TO:
FROM:
SUBJECT:
Zoning Advisory Commission
Kyle L. Kritz, A~sociate Planner ~' ~'/"
Referral of Plastic Center Inc.'s PUD to the Zoning Advisory Commission
INTRODUCTION
The City Council, at their July 16, 2001 meeting, referred a request by Plastic Center
Inc. to place their rezoning request for a public hearing back to the Zoning Advisory
Commission. The Zoning Advisory Commission had previously reviewed this rezoning
request and recommended approval of the rezoning at their June 2000 meeting.
DISCUSSION
The City Council referred Plastic Center Inc.'s rezoning request back to the Zoning
Advisory Commission because of recent changes to neighboring properties
surrounding the proposed site. Specifically, Asbury Plaza is now under construction
and development of the former Hilby property by Harvest Development Group for 162
residential lots. The City Council wanted the Zoning Advisory Commission to review
the project again in light of updated traffic counts, signalization along Asbury Road and
the Northwest Arterial and the development of an intelligent traffic system along the
Northwest Arterial corridor.
City Engineer Mike Koch has provided a memorandum indicating that the traffic study
that was provided to City staff for the Plastic Center Inc.'s proposal included anticipated
traffic volumes from Asbury Plaza, QHQ Properties and the Hilby property. The
estimated traffic volumes in the future reflected full build-out of Asbury Plaza and the
anticipated development of the QHQ Properties and Hilby property based on the
Comprehensive Plan adopted in 1995.
Intelligent traffic systems are addressed in the Dubuque Metropolitan Area
Transportation Study (DIVIATS) 2020 Long Range Transportation Plan. A copy of that
portion of the DMATS plan is attached for the Commission's review. Mike Koch also
addresses this issue in his attached memorandum.
A copy of the Zoning Advisory Commission minutes, PUD Ordinance and staff report
Plastic Center Inc.'s PUD
August 2, 2001
Page 2
from the June 2000 meeting is attached for the Commission's review and information.
RECOMMENDATION
Planning staff recommends that the Zoning Advisory Commission review the attached
information and reaffirm their recommendation regarding the requested rezoning from
AG Agricultural District to PUD Planned Unit Development with a PC Planned
Commemial, PO Planned Office, and PR Planned Residential designation.
KLK/mkr
Attachments
CC:
Michael Van Milligen, City Manager
Mike Koch, Public Works Director
David Ness, Civil Engineer
Brain J. Kane, 2100 Asbury Road, Suite 2
CITY OF DUBUQUE, IOWA
MEMORANDUM
August 1, 2001
TO:
FROM:
SUBJECT:
Kyle Kritz, Planning Services
Michael A. Koch, Public Works Directorj~[
Plastic Center - Asbury Road and the Northwest Arterial
You have asked me to review the May 17, 2000 traffic study performed on the
Plastic Center Development for the intersection of Asbury Road and the Northwest
Arterial.
The study estimates the site trip generation after full build-out of the development,
and also takes into account the normal growth pattern of the surrounding areas
through the Year 2020 as per the City's long-range plan. It therefore took into
account the Hilby and Corey development projects.
While the City currently does not have plans for an Intelligent Transportation
System (ITS) on the Northwest Arterial, this technology--a new traffic controller
with ITS capability--should be required of the developer as part of the upgrade to
the intersection of Asbury Road and the Northwest Arterial.
Please let me know if you have any further questions.
MAK/vjd
cc: Michael C. Van Milligan, City Manager
David Ness, Civil Engineer
CITY OF DUBUQUE, IOWA
MEMORANDUM COlbY
June 2, 2000
TO:
FROM:.
SUBJECT:
Michael C. Van Milligen, City Manager
A. Koch, Public Works Director
Michael
Plastic Center Traffic Center
INTRODUCTION
The following is a summary of the Traffic Impact Analysis for the proposed Plastic
Center Development at the southeast corner of the Northwest Arterial and Asbury
Road. The Analysis was performed by Yaggy Colby Associates of Mason City, Iowa.
DISCUSSION
The proposed development includes 33 acres of single family residential, 25 acres of
multi-family residential, 15 acres of park/open space, 24 acres of planned commercial,
39 acres of commercial and 9 acres of office/service development. The report
estimates the traffic to be generated by the proposed site after full build-out, and
recommends site improvements to accommodate the additional traffic volumes for
both 2000 and extended out to the Year 2020. The initial peak hour p.m. traffic
volumes generated by the proposed development are estimated to be 1,054 vehicles
entering the site and 1,114 exiting the site.
The proposed plan has two access points along the Northwest Arterial (St. A and ENT.
1) and three access points onto Asbury Road (ENT. 3, ENT. 5, ENT. 6).
The proposed street layout was designed to discourage traffic flow from neighboring
streets relying on existing Rosement as a collector street into the residential portion
of the site, but cautious not to create a parallel shortcut which could serve as an
alternate to the Northwest Arterial. Stub streets are connected into the development
at Admiral, Rosemont, Grant and Westway Streets. Access to the commercial areas
was designed to avoid the use of residential streets as accesses to these properties.
The commercial traffic is intended to be accessed from the Northwest Arterial and/or
from Asbury Road, with only 271 vehicles anticipated to be accessing the site from
the neighborhoods during the peak hour.
Three access plans were analyzed for the purpose of the traffic study, however, the
developer has requested Scenario 1 for the best utilization of the property.
Page 2
June 2, 2000
Scenario #1
The requested access to the site would be from a fully signalized intersection
from the Northwest Arterial, a second right-in/right-out only intersection from
the Northwest Arterial, and three access points from Asbury Road. Year 2000
initial traffic would require the installation of a traffic signal at the full
i~tersection of the Northwest Arterial (St. A) for the safe and efficient operation
of this highway access. A signal would not be required for the right-in/right-out
access to the Arterial, The Northwest Arterial intersection with Asbury Road
would initially operate at a Level of Service C.
A traffic signal would be required for the development's first access to Asbury
Road (ENT. 3), to allow the estimated volume of traffic to exit the site safely
during peak hours. This signal would operate at a Level of Service C, The
development's second access to Asbury Road is an extension o,f Rosement
Street (ENT. 5). Rosemont Street is a collector street and is designed to provide
a Collector Street function as the primary residential access to the site, This
connection would also likely serve as a major entrance to the proposed Hilby
development north of Asbury Road. A signal will be necessary where Rosement
intersects Asbury. This signal would operate at a Level of Service' B.
For the year 2020, the proposed signalized intersection with the Northwest
Arterial would still operate at a Level of Service B. The Northwest Arterial and
Asbury intersection would drop to a Level of Service D, and the Asbury
intersections would still operate at a Levet of Service C.
Scenario #2
The second scenario eliminates the right turn-in/right turn-out access onto the
Northwest Arterial (ENT. 1 ). This would cause additional traffic volumes to be
shifted to other intersections with the following anticipated results. The
Northwest Arterial and Asbury Road intersection would require the addition of
east and west dual left turn lanes to continue to operate at a Level of Service
C for the Year 2000.
The westerly signalized access to Asbury Road (ENT. 3) would require the
widening of Asbury Road for dual left-turn Fanes to maintain a Level of Service
C for the Year 2000, The Rosemont intersection (ENT. 5) would be anticipated
to remain at a Level of Service B, the same as Scenario #1.
For the year 2020, the Northwest Arterial and Asbury intersection is likely to
drop to a Level of Service D, and the Rosemont intersection would remain at a
Level of Service C, the same as Scenario #1.
Page 3
June 2, 2000
Scenario #3
The third scenario would eliminate both access to the Northwest Arterial (St.
A and ENT. 1), forcing all traffic entering the site to utilize Asbury Road. This
scenario would also require the widening of Asbury Road for dual left turns, but
would also require an eastbound right turn lane at the westerly access to
Asbury Road (ENT. 3).
The Level of Service at the westerly Asbury Road (ENT. 3) access would likely
drop from a Level of Service B to Level of Service C, The Rosement intersection
(ENT. 5) would likely drop from a Level of Service B to a Level of Service C.
SUMMARY
The City currently has plans to provide a~ additional westbound lane to Asbury Road
to match the eastbound capacity from the Corey site. This will help to mitigate some
of the initial traffic impacts from the development. The anticipated 2000 Level of
Service operations are all at acceptable levels. While the year 2020 Level of Service
operations drop to D, this has been allowed as an acceptable Level of Service for the
Medical Center Development and the Corey Development this far out into the future.
Eliminating the access points to the Northwest Arterial can provide an acceptable
operation of the center with the suggested improvements, however, the impact of
concentrating al~ of the access to and from Asbury Road must also be given thorough
consideration.
Without any access to the Northwest Arterial, the study recommends for the Year
2000, the construction of an eastbound right-turn lane on Asbury Road at the
Northwest Arterial, and northbound and southbound dual left turns on Asbury Road
at Entrance #3, and the widening of Asbury Road west to the Northwest Arterial
(already in City's plans).
In addition, for the Year 2020, dual left turns would need to be constructed for
northbound, eastbound, and westbound movements at the Northwest Arterial
intersection with Asbury Road. The addition of right-turn lanes on each approach of
this intersection would also be needed.
The Year 2020 Scenario #1 would require a five-lane cross-section on Asbury Road,
including a westbound left-turn lane, For the Year 2020 Scenario #3, a cross-section
of six lanes on Asbury Road east of Entrance 3, and seven lanes west of Entrance 3
would be required.
Page 4-
June 2, 2000
Such levels of improvements to Asbury Road without access to the Northwest Arterial,
Scenario 3, would require considerable widening, purchasing of right-of-way, and more
than likely purchase of single-family homes in this vicinity. Additional right-of-way
needs along the development should be dedicated to the City at this time for future
construction.
MAK/k~a
cc: Kyle Kritz, Associate Planner
1. Environmental Justice - TEA-21 did not contain anynew provisions related to Environmental
Justice. The NPRM proposes new rules to assist states and metropolitan areas in complying with
Title VI .of the Civil.' Rights. Act. The proposal is designed to darify and extend Title VI
expectanon regarding required d,t~ collection, analyses and public involvement processes for
transportation plans, tr~n ,~rtation improvement programs and projects. Required Ac~ms:
Redeto ard ttpdate the DMA rS Publk P~ ~ as ~ to a~orm to the frta~ ado~ nd~ 2)
Intelligent Transportation Systems (1TS) - TEA-21 and the NPRM specify that all state and
metropohtan areas shonla begin planning for 1TS deploymen~ The NPRM ideniifies 1TS
techn.ology investments as o..ne of the ~proaches to solving transportation issues that should be
a routine part of all metropolitan planning effort& TEA.21 and the NPRM mandate that each
metropolitan area develop an ITS deployment plan and insure that 1TS technologies that are
deployed be consistent with the nationwide ITS architecture and ~ interoperable. Required
Actions: O Devdop an tCS for& TS rnev lim 2) Ideraif) , ad r ntnad for
3. En~rofimental Review arid Phn~ing - TEA-21 eliminated the Major Investment Study
requirements that were present in ISTEA. At the same time TEA.21 encouraged the integration
of the planning and project processes through environmental review as part of the
process. It also encouraged the streamli.i~g of the environmental process as much as possible. It
is hoped that these changes w~l result in better transportation plans through consideration of
environmental and economic impacts at a system level. It is also hoped that consideration of
environmental impacts at the plan level w~ enable stre~ml;ned decision making in project
development. Required A ~dons: 1) DMA TS and the ~ in tr, v~eportat~a £1annb~ in the
n"o~of Pffa~.~ '.l- s~anlbdrc, opporuad~ 2) As a~ OMA TS should id~rrteth~ for
4. Financial Constraints and Revenue Forecasts - TEA-21 and the NPRM maintained the
requirement from ISTEA for a financially constrained transportation plan. TEA.21 and the
~ expand on that requirement by calling for cooperative development of estimates of
revenues available for plan and project ~mt,qemeur~riom These revenue estimates are to be
determined by a process which ha~ been agreed upon by the departments of trans~rtation, the
MPO (DMATS) and the transit operators. Requffed Actions: 1) Work ~ the throe mae
LL°pamnova °f Tramlmmazi°n ard the tramit °perat°rs t° J°kdy agree to a ma3~ for reav~ ~ 2)
use tha mahod dva cona ai p ,ns and va o.a a
Safety- TEA-21 requires that safety be one of the planning factors in the development of
transportation plans and identification of projects. No regulatory direction was provided in the
NP1LM in terms of the mun~er in whidl ~ ~lould be done. RequiredAet~ons: DMA TS staff
10-2 2020 Lortg Rartge Tramtxr,,talion Plan
Minutes-Zoning Commission
Wednesday, June 7, 2000
Page 6
Tom O'Neil stated that the traffic analysis study speaks for itself. He said that with signals
and additional turning lanes, this intersection would be safe and adequate.
Commissioner Smith said that a light would slow traffic and that he is in favor of this
development.
Commissioner Hardie compared the proposed signage with C-3 standards. He said that
Menard's is requesting excessive signage. He felt that 300 square feet with a 40 foot
maximum height on signage is adequate for this facility. He said that he does not want future
development to exceed the signage requirements. Commissioner Hardie also indicated that
unless the City or State want to place a moratorium on development in this corridor, the
submitted request is the best that can be cone at this time, as it allows for future development
of a frontage road system.
Commissioner Bird stated that he does not believe the proposed signage is excessive, and
that 750 square foot billboards should be permitted at this location.
Commissioner Stiles asked about access to the existing Menard's in the area, stating that it
appears that other large stores have two to three access roads. Tom O'Neil said that a
single access is adequate because this will be a signalized intersection.
The Commission discussed future commercial development in this area and the potential for
a fully signalized intersection.
Motion by Bird, seconded by Chdst, to approve the rezoning with the condition that
freestanding signage at this location not exceed 40 feet in height. Motion was approved by
the following vote: Aye - Smith, Hardie, Chdst, Bird, Stiles, Nesler and Schlitz; Nay - None.
PUBLIC HEARING~CONCEPTUAL DEV~_LOPMENT PLAN\BUESING ~'
ASSOCIATES~PLASTIC CENTER: Application of Buesing & Associates/Plastic Center Inc.
(tabled from May 3, 2000 meeting) to rezone property from AG Agricultural District to PUD
Planned Unit Development with a PC Planned Commercial, PO Planned Office and PR
Planned Residential designation located at the southeast comer of the Northwest Arterial and
Asbury Road.
Ken Buesing, representing the Plastic Center, introduced Plastic Center management
including Jim Pfohl, Lynn PfohI-Quigley, Ann PfohI-Kirby and Engineering personnel Don
Pre,r, John VVhite, Jeff Rhoda and Attorney Bdan Kane. He stated that the Plastic Center
is interested in developing the 160-acre site with a mix of uses which will be anchored by two
big box retailers. He said that each big box development will be approximately 130-160,000
square feet in size. He said that the plan layout buffers existing R-1 residential development
with single-family residential and multi-family residential development. He stated that the
commercial properties would be dnged by multi-family development. He stated that drainage,
utilities and access issues are all addressed by the conceptual plan.
Minutes-Zoning Commission
Wednesday, June 7, 2000
Page 7
Mr. Buesing said that the Comprehensive Plan calls for this area to be a mix of commercial
and residential uses with access to Asbury Road. He discussed access alternatives to the
site, including a dual access to the Northwest Arterial. He said that the Northwest Arterial is
a Type 3 road, which permits at-grade interchanges and requires a minimum of 1,000 foot
separation between intersections. He discussed the traffic study undertaken by the Plastic
Center, and stated that two accesses to the Northwest Artedal are necessary. He stated that
he has met with area neighbors and has tded to address their concerns. He said that Mike
Koch recommended that before additional stop signs are placed at existing intersections that
the developer wait until the development is complete and traffic patterns emerge from the
new street configuration. He said that the Resurrection Church wants the Plastic Center to
place frontage roads along ^sbury Road, but he said that City staff have indicated that
frontage roads in this area would not be typical for this kind of development. He stated that
he agrees with the neighbors recommendation to reduce the speed limit on Asbury Road from
35 miles per hour to 30 miles per hour. He discussed the interior traffic and lot configuration
with the Commission. Mr. Buesing said that an infiltration study that the City is currently
undertaking will ultimately help eliminate storm water inflow problems for the sanitary sewer
down stream from the proposed project. Mr. Buesing said that the Plastic Center would be
willing to sell property in the existing drainage way to adjacent property owners along St.
Celia. He said that cut-off lighting would be required for the development, which should
reduce light spill- over onto adjacent residential properties.
Staff Member Kritz outlined the staff report, stating that the request is to rezone agricultural
property to a PUD with Planned Commercial, Planned Residential and Planned Office
designations. He discussed the zoning lot configuration with the Commissioners. He outlined
the future platting process necessary if the conceptual development plan is approved. He
stated that any future access to this site would be coordinated with the Hilby's proposed
access across Asbury Road from the proposed site. He stated that office uses are typically
good buffers between multi- and single-family development. Staff Member Kritz discussed
the traffic study for this area and storm water detention requirements.
Virgil Blocker, representing Resurrection Church, discussed a letter that he distributed to the
Zoning Advisory Commission. He asked that access on Asbury Road be limited to two
signalized accesses with a school crossing.
Shane O'Brien, 2196 St. Celia Street, said that people speed on the Northwest Arterial. He
said the Northwest Arterial was originally designed as a by-pass from the City's west side to
the downtown area. He said that single-family residential property should be placed on this
property before commercial development is permitted. He said that St. Celia Street would be
used as a cut-through if this development was approved. He stated that he has concerns
regarding potential water run-off generated by the additional development. He stated that
further study of storm water drainage for this area is needed.
Anthony Hemmer, 3837 Hillcrest Road, said that storm water runoff is a problem in this area.
He said that provision of adequate drainage for this site is critical.
Minutes-Zoning Commission
Wednesday, June 7, 2000
Page 8
Cad Rahtf, 2255 St. Celia Street, said that the residential lots along the proposed commercial
development area will not sell or be developed.
Chris Manning, 2165 St. Cella Street, said that drainage is a problem in this area. He stated
he wants the current open area to remain open. He said that local roads should not be
extended into this site. He said there is much day care in this neighborhood, and that
additional traffic may pose a danger to the children.
Frank McCauley, 2111 St. Celia Street, said that storm water run-off is a problem in this
neighborhood. He said that storm water must be managed appropriately.
Staff Member Kritz discussed storm water detention and potential detention basin design.
Steven Plein, 2177 St. Celia Street, said he is concerned with water run-off and the detention
area. He said that the detention area behind his house will have a negative impact on his
property value. He said that much water pours down through the current drainage dudng
storms. He requested that the Plastic Center create a cul-de-sac on West Way so that it
does not continue into the proposed development site.
Chris Manning said that the area behind his property is a detention area, which currently does
not drain appropriately. He said that the detention basin will be located in his back yard.
Anthony Grebner, 3771 Hillcrest, asked if the neighbors' back yards are going to be tom up
for utility extensions.
Mr. Buesing stated that he agrees that storm water is a problem in this area. He said that the
City is currently addressing some of the storm water run-off issues raised by the neighbors.
He said that the City plans to manage storm water and try to reduce the problem in this area.
Mr. Buesing explained the mechanics of storm water detention to the Commission and the
audience.
Commissioner Smith questioned whether the detention basin would be sized and located as
shown on the plan. Staff Member Kril~ said the detention basins could be modified based
on mom detailed storm water calculations. He discussed storm water management and
stated that further detailed study would identify detention basin size and location and
additional drainage way improvements.
Mr. Buesing said that the Pfohls do not mind if West Way is stubbed as a cul-de-sac and not
extended into the development.
Commissioner Stiles stated that the Northwest Arterial is configured differently than John F.
Kennedy Road. He stated that the arterial has single controlled accesses, unlike the multiple
curb cuts for each business along John F. Kennedy Road. He stated that he is troubled by
Minutas-Zoning Commission
Wednesday, June 7, 2000
Page 9
the fact that the Plastic Center may request rezoning for the residential lots in the future. He
said he believes the access from West Way into the development is appropriate.
Commissioner Hardie stated he is not in favor of access to the Northwest Arterial,
additional signals on the Northwest Arterial and potential signals on Asbury Road. He
stated that the commercial development indicated on this plan is too intense for the area.
He stated that the commercial development is equivalent to three WaI-Marts and said that
development of this property should require the use of frontage roads.
Chairperson Schlitz stated that the Zoning Advisory Commission and the City Council
formerly denied QHQ's access to the Northwest Arterial, which is directly across from the
proposed site.
Staff Member Kritz confirmed that a right-in/right-out access requested by QHQ was
denied.
Commissioner Hardie stated that the current conceptual plan could be redesigned to be
less intense. He questioned the landscaping language stating that 40 trees for the entire
site is not adequate. Staff Member Kdtz clarified the language and said that the
Commission could increase the number of trees required. He stated that the sign
regulations are currently the same as those on the Wendell Corey property.
Commissioner Hardie asked if the detention pond is going to be fenced. Staff Member
Kritz stated that detention ponds are not typically fenced,
Commissioner Smith asked about the timing of storm water detention with the development
of the entire parcel,
Commissioner Hardie recommended that additional trees be required; that the detention
area be fenced; that the traffic access be redesigned; that a park be added and that
commercial area reduced.
Chairperson Schlitz discussed access to a Type 3 highway referring to the information
provided by Mike Koch. Commissioner Hardie said that no commercial property should
be located along Asbury Road. Chairperson Schlitz stated he feels that the lot
configuration was good but the access to the Northwest Arterial was not ideal.
Commissioner Christ said that QHQ located directly across the Northwest Artedal was
turned down and its development was less intense than this proposal. She said that this
proposal is much larger than QHQ's with five accesses, and that she is opposed to this
plan.
Commissioner Nesler said that it will take a long time to develop this property. He said
that access onto the Northwest Arterial for this property is necessary.
Minutes-Zoning Commission
Wednesday, June 7, 2000
Page 10
Commissioner Bird asked ifthis development would be possible with access only onto
AsburyRoad.
Jeff Rhoda, Yaggy Colby Incorporated, representing Plastic Center, discussed access
issues. He said an Asbury Road access only is not ideal. He said that with access onto
the Northwest Arterial, vehicular progress on the Northwest Arterial could be maintained
through coordinated signalization.
Chairperson Hardie stated that all of the traffic and engineering studies are based on this
singular design.
The Commissioners discussed requirements for the addition of a park to this development.
Chairperson Schiltz felt that the existing drainage way could be modified to accommodate
a park. Commissioners discussed the appropriate size and location for a park for this
development.
Motion by Smith, seconded by Chdst, to approve the rezoning conceptual development
plan with the conditions that; 1) the storm water detention areas be fenced and; 2) a two-
acre park be added to the development. Motion carried by the following vote: Aye -
Nesler, Stiles, Bird, Smith, and Schiltz; Nay - Hardie and Christ.
ADJOURNMENT: The meeting adjourned at 10:20 p.m.
Kyle L. KritZ~ssociate
Planner
Adopted
PLANNED DISTRICT STAFF REPORT Zoning Agenda: June 7, 2000
Project Name:
Property Address:
Property Owner:
Applicant:
Plastic Center, Inc.
Southeast corner of Northwest Arterial and Asbury Road
Plastic Center, Inc.
Buesing & Associates, Inc.
Proposed Land Use:
Existing Land Use:
Adjacent Land Use:
Flood Plain:
Water:
Storm Sewer:
Commercial/Residential Proposed Zoning: PUD
Agricultural Existing Zoning: AG
North - Agricultural/Residential Adjacent Zoning: North - AG/R-1
East - Residential
South - Residential
West - Commercial/AG
No
Yes
Yes
East - R-1
South - R-1
West - C-3/AG
Total Area: 160 acres
Existing Street Access: Yes
Sanitary Sewer: Yes
Previous Planned District: None.
Purpose: The applicant is requesting rezoning the subject parcel from AG Agricultural
to PUD to provide for development of a commercial plaza, multi-family housing and
single-family housing.
Property History: The property has been used for agricultural purposes since
annexation into the City.
Physical Characteristics: The proPerty is characterized with rolling hills and drains to
the southeast.
Conformance with Comprehensive Plan: The 1995 Comprehensive Plan designated
the area as Growth Area 11 and stated, "Area 11 reflects substantial commercial
development buffered from single-family and multi-family residential by park and open
space with access onto Asbury Road."
Staff Analysis:
PLANNED DISTRICT STAFF REPORT Page 2
Streets: The submitted conceptual plan proposes extensions of several existing
City streets and the construction of three new streets. The streets are proposed as
public streets and will be built to City specifications.
Sidewalks: Sidewalks will be provided as part of all new and extended public
streets.
Lighting: Lighting will be as per City of Dubuque standards.
Signage: Staff have proposed signage for the commercial portion of the
development similar to that of the proposed commercial center at the northwest
corner of Asbury Road and the Northwest Arterial. Signage for the office, multi-
family and single-family developments will be the same as those for the OS, R-3
and R-1 districts.
Bulk Regulations: Bulk regulations for the commercial office and residential
sections of the development will be the same as those for the C-3, OS, R-3 and R-
1 districts in the Zoning Ordinance.
Permeable Area (%) & Location (Open Space): Approximately 15 acres is
assigned to park and open space as wall as the detention area for the proposed
development. In addition, there will be green space provided as part of
development of the residential portion as well as the commercial and office
portions of the development.
Landscaping/Screening: Landscaping and screening will be as per City of
Dubuque Standards as site plans are submitted for each phase of the
development.
Phasing of development: None proposed.
Impact of Request on:
Utilities: Existing city utilities are adequate to serve the site.
Traffic Patterns/Counts: The Northwest Arterial is classified as a primary arterial.
The Iowa Department of Transportation counts indicate that there are 8,500
vehicle trips south of Asbury Road, and 5,700 vehicle trips north of Asbury Road.
Asbury Road is classified as a minor arterial, and carries approximately 8,300
vehicle trips east of the Northwest Arterial and 7,800 vehicle trips west of the
Northwest Arterial.
Public Services: Existing public services are adequate to serve the site.
Environment: Staff do not, anticipate any adverse impact to the environment
provided adequate erosion control is practiced during all phases of construction,
PLANNED DISTRICT STAFF REPORT Page 3
and that adequate storm water management practices are following during all
phases of construction, with adequate detention facilities provided as part of the
development of the property.
CIP Investments: None proposed.
Staff Analysis: The submitted conceptual development plan for Plastic Center, Inc. is
a planned unit development that establishes areas for commercial, office, multi-family
and single-family development. The commercial and office development is located
near the Northwest Arterial and Asbury Road. Multi-family development is used to
buffer the commercial area from the new proposed single-family subdivision that
borders the existing single-family homes along St. Celia and Hillcrest Road on the east
and south sides of the subject parcel.
The development proposes a full intersection approximately 1,000 feet south of the
Northwest Arterial and Asbury Road intersection with a right-in/right-out access
approximately 1,000 feet south of the first access. Three entrances onto Asbury Road
have been proposed and have been reviewed by City Engineering on a preliminary
basis for site visibility and conflicts with existing and/or proposed driveways and
streets.
Four existing stub streets on the east and south sides of the development are proposed
for extension, which include Admiral, Rosemont, Grant and Westway. These streets
have been stubbed out since their respective subdivisions have been built, and were
intended to be extended to facilitate development of the subject 160 acre parcel.
Attached to this staff report is a memorandum from Public Works Director Mike Koch,
outlining the Engineering Department's review of the submitted site impact traffic study
for Plastic Center, Inc. Mr. Koch has indicated the impact of the proposed development
on level of service of the adjacent roadways as well as the intersection of the Northwest
Arterial and Asbury Road.
The proposed development also includes 15 acres of open space, parkland and
detention area. The open space area is primarily located behind the single-family
homes that front on St. Celia. The detention area is located in the southeast corner of
the site. Staff anticipate that additional detention areas will be necessary and can be
incorporated with development of the commercial property.
The applicants have indicated on the conceptual plan two primary commercial
buildings, one of 175,000 square feet and one of 130,000 square feet, with their
associated parking areas. The balance of the commercial property would be
developed as demand dictated. The applicants do not have a plan for the balance of
the commercial property at this time. The Commission would review any subsequent
commercial plats for these areas. The proposed planned commercial area basically
will be regulated the same as C-3 General Commercial zoned property. The multi-
fa~nily and single-family portions of development would be developed after submittal
PLANNED DISTRICT STAFF REPORT Page 4
and approval of required plats before the Zoning Advisory Commission and City
Council. The submitted conceptual plan does not serve as a preliminary plat for the
proposed residential development.
The proposed rezoning is in substantial compliance with the 1995 Comprehensive
Plan. The subject property was designated as Growth Area 11 and proposed to have,
"substantial commercial development buffered from single-family and multi-family
residential by park and open space with access to Asbury Road."
The conceptual plan proposes several street extensions and new streets. The streets
are proposed to be built to City street standards and dedicated to the public. All public
utility extensions for sanitary sewer and water mains will also be dedicated to the
public.
Because of the large scale of the subject property, the applicants have submitted a
conceptual plan that depicts the two larger commercial businesses they anticipate
locating in the development. The primary access points are shown on the Northwest
Arterial and Asbury Road, as well as extensions of existing streets stubbed into the
property. The applicants have approached this planned district by providing the
Commission a framework of how the 160 acres will develop over time. The applicants
understand that the Commission and City Council will have further reviews of future
development of this property through the subdivision process, and that the submitted
conceptual plan will serve as the basis for the review of future preliminary and final
plats.
Staff recommend that the Commission review Section 3-5.5(F) that establishes plan
approval standards for planned districts.
Prepared by: .'~Z"/'/.,~,...~Reviewed: z//~ Date: ~//'//~/--~
~¢' /' t /
PLASTIC COLAN
/ ~
ST. A
E FAMILY LOT S)ZE B0'-85' FRONTAGE
2RES NET +/- ~¥ ~eo.-las, ~EP
-FAMILY
:RES NET+/-
SPACE/DETENTION POND
+/-
COMMERCIAL
~RES NET +/-
O]RCIAL
NET +/-
ICE
NET +/-
SANITARY SEWER
L, ,, 'X ~XISTING DRAINAGE Sk,/ALE
:0NTOUR LINE 10 FT INTERVA
Prepared by: Laura Carstens. City Planner Address: City Hall~ 50 W. 13th Street Telephone: 589-4210
ORDINANCE NO.
-00
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE
CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED AT THE SOUTHEAST CORNER OF HIGHWAY
32 (NORTHWEST ARTERIAL) AND ASBURY ROAD FROM AG AGRICULTURAL
DISTRICT TO PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH PC PLANNED
COMMERCIAL DISTRICT, PO PLANNED OFFICE AND PR PLANNED RESIDENTIAL
DISTRICT DESIGNATIONS, AND ADOPTING A CONCEPTUAL DEVELOPMENT
PLAN, WITH CONDITIONS, FOR PLASTIC CENTER, INC.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. 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 PUD Planned Unit Development District with PC Planned Commercial,
PO Planned Office and PR Planned Residential District designations and adopting a
conceptual development plan, a copy of which is attached to and made a part hereof, with
conditions for Plastic Center, Inc., as stated below, to wit:
Lot 1 and 2 of the Pfohl Farm, and to the center line of the adjoining public right-of-way,
all in the City of Dubuque, Iowa.
Section 2. Pursuant to Iowa Code Section 414.5 (1993), and as an express condition
of the reclassification, the undersigned property owner(s) agree(s) to the following conditions,
all of which the property owner(s) further agree(s) are reasonable and imposed to satisfy the
public needs that are caused directly by the zoning reclassification:
A. Definitions.
Building-related Features: Building-related features are defined as all
constructed item which rise above the grade surface of the lot. These
include:
a)
b)
c)
d)
e)
The primary building
All accessory or secondary buildings
All exterior storage areas
Exterior refuse collection areas
Exterior mechanical equipment
Ordinance No. -00
Page 2
f)
Containerized or tank storage of liquids, fuels, gases and
other materials
2)
Vehicle-related Features: Vehicle-related features are defined as
all areas used for the movement and parking of all vehicles within
the lot. These include:
a)
b)
c)
d)
e)
0
Employee and visitor parking spaces
Driveways from the street right-of-way line to and from
parking spaces
Loading spaces outside of the building
Maneuvering space and driveways to and from loading
spaces
Parking spaces for company-owned commercial vehicles
Fire lanes
3)
Open Space Features: Open space features are defined as those
exterior areas and developed features of the lot. These include:
a)
b)
c)
d)
e)
Landscaped space containing lawn areas and plantings
Paved, hard-surfaced pedestrian areas such as walkways,
plazas, entryways and courtyards
Surface storm water detention areas not otherwise used for
building-related or vehicle-related purposes
Open recreation areas and recreational trail
Other non-building and non-vehicular-related space
Use Regulations.
The following regulations shall apply to all uses made of land in the above
described PUD District:
1)
Principal permitted uses in the Planned Commercial District shall
be limited to:
a)
b)
c)
d)
e)
g)
h)
i)
J)
Regional shopping center [43]
Retail sales/service [17]
Indoor restaurant [17]
Drive-in/carry-out restaurant [28]
General offices [14]
Indoor recreation [37]
Outdoor recreation [37]
Auto sales and service [38]
Auto service centers [34]
Group day care center [8]
Ordinance No. -00
Page 3
Principal permitted uses in the Planned Office District shall be
limited to:
a)
b)
c)
d)
e)
g)
General offices [14]
Medical office/clinic [36]
Dental/medical laboratory [8]
Artist studio [5]
Barber/beauty shop [16]
Private club [20]
Group day care center [8]
3)
Principal permitted uses in the Planned Residential District shall be
limited to:
a)
Multi-Family Zone: All principal permitted, accessory~
conditional and temporary uses allowed in the R-3 Moderate
Density Multi-Family Residential District as established in
Section 3-1.4 and the Zoning Ordinance.
b)
Single-Family Zone: All principal permitted, accessory,
conditional and temporary uses allowed in the Single-Family
Residential District as established in Section 3-1.1 of the
Zoning Ordinance.
[ ] Parking group--see Section 4-2 of the Zoning Ordinance.
4) Conditional uses reserved for future use.
Lot and Bulk Regulations.
Development of land in the PUD District shall be regulated as follows:
1)
All building structures and activities shall be located in
conformance with the attached conceptual development plan and
all final site development plans shall be approved in accordance
with provisions of the PUD District regulations of this ordinance
and of Section 3-5.5 of the Zoning Ordinance.
2)
All building-related features shall be in accordance with the
following lot and bulk regulations:
a)
All buildings and structures within the Planned Commercial
District shall be regulated by the bulk standards of the C-3
General Commercial District Section 3-3.3.
b) The Planned Office Distdct shall be regulated by the bulk
standards of the OS Office Service District Section 3-2.2.
Ordinance No. -00
Page 4
c)
All buildings and structures within the Multi-Family Zone of
the Planned Residential District shall be regulated by the
bulk standards of Section 3-1.4 of the Zoning Ordinance.
d)
,All buildings and structures within the Single-Family Zone of
the Planned Residential District shall be regulated by the
bulk regulations of Section 3-1.1 of the Zoning Ordinance.
Parking Reaulations
1)
All vehicle-related features shall be surfaced with either asphalt or
concrete.
2)
Curbing and proper surface drainage of storm water shall be
provided.
3)
All parking and loading spaces shall be delineated on the surfacing
material by painted stripes or other permanent means.
4)
The number, size and design of parking spaces shall be governed
by applicable provisions of City of Dubuque Ordinances enforced
at the time of development of the lot.
5)
The number, size, design and location of parking spaces
designated for persons with disabilities shall be according to the
local, state or federal requirements in effect at the time of
development.
6)
The location and number of private driveway intersections with
public streets shall be established by the City of Dubuque.
LandscaDin(~ Regulations
1)
Plant Materials: The open space area of each commercial and
office lot shall be planted with permanent lawn and ground covers,
shrubs and trees. It is the intent of these regulations that the
development of required open spaces shall reflect a high quality of
environmental design. The following provisions shall apply to each
commercial and office lot:
a)
Landscape plans are required as part of submittals for site
plan review. Landscape plans are to include type, number
and size of proposed plantings. As a minimum, the
submitted landscape plan should include the following:
For every one (1) acre of lot size, four (4) trees shall
be required to a required maximum of forty (40) trees,
Ordinance No. -00
Page 5
EJ
Each required tree shall be at least two (2) inches in
diameter at planting.
Shrubs shall be used to screen parking areas and
provide accent around buildings.
Parking areas located in front yards shall be
screened with a combination of trees, shrubs or
berms to provide a landscape screen of 50% opacity
and three (3) feet in height.
2)
All exposed soil areas remaining after the construction of building
and vehicle-related features shall be planted with a permanent
ground cover to prevent erosion. Within one (1) year following
completion of construction, or by the date that a building is issued
an occupancy certificate by the Building Safety Department of the
City of Dubuque, whichever first occurs, required landscaping shall
be installed.
3)
The lot owner is required to replant any and all plant materials
which have died due to any cause during the effective period of
this PUD ordinance.
4)
The area between the public street and the right-of-way line shall
be planted with grass and maintained by the lot owner.
5)
Pedestrian Access: Permanent hard-surfaced walkways shall be
installed and maintained by the owner for purposes of pedestrian
movement between all parking areas and functioning entries and
exits of the buildings.
Sign Re(~ulations.
1)
The provisions of Section 4-3 9Sign Regulations) of the Zoning
Ordinance shall apply unless further regulated by this section.
2) Planned Commemial District; Regional Shopping Center:
a)
Center Identification Sign: One (1) center identification sign
located along the Northwest Arterial (Highway 32) frontage.
This sign shall be a ground-mounted sign a maximum of
twelve (12) feet high and twenty-five (25) feet wide.
b) Tenant Identification Signs:
Two (2) tenant identifications signs. Each sign shall
be a ground-mounted sign a maximum of thirty-five
Ordinance No. -00
Page 6
(35) feet high and twelve (12) feet wide. Multiple
tenants can be displayed on these signs with square
footage to be allocated by the developer.
Wall-mounted signage for tenants occupying greater
than 30,000 square feet of leased area shall be
limited to one (1) sign per street frontage. The total
square footage of said wall-mounted signs will be
based on 20% of the front building wall area.
Wall-mounted signage for tenants occupying less
than 30,000 square feet of leased area shall be
limited to one (1) sign per street frontage. The total
square footage of wall-mounted signs will be based
on 10% of the front building wall area.
c) Planned Commercial District; Out-Lot Signage:
Each outlot parcel shall be allowed wall-mounted
signage as per the C-3 General Commercial District
sign regulations. The maximum number of signs per
business is two (2) signs.
Each outlot parcel shall be allowed one (1)
freestanding sign, limited to 100 square feet in size
and a maximum height of 25 feet.
d)
Directional signs will be allowed as permitted by C-3
General Commercial District sign regulations in Section 4-
3.11 of the Zoning Ordinance.
3)
Planned Office District: Signage will be regulated as per the OS
Office Service District sign regulations in Section 4-3.11 of the
Zoning Ordinance.
4)
Planned Residential District: Signage will be regulated as per the
R-1 Single-Family Residential District sign regulations in Seciton 4-
3.11 of the Zoning Ordinance.
Performance Standards.
The development and maintenance of uses in this PUD District shall be
established in conformance with Section 3-5.5 of the Zoning Ordinance
and the following standards:
1) Site Lighting (Commercial and Office)
Ordinance No. -00
Page 7
a)
b)
2)
Exterior illumination of commercial and office lots shall be
limited to the illumination of the following:
Parking areas, driveways and loading facilities
pedestrian walkway surfaces and entrances to
building
Screened storage areas
Building exterior
Location and Design:
All exterior lighting shall be designed, installed and
maintained so as not to cause glare or to shine into
adjacent lots and streets.
All exterior lighting luminaires shall be designed and
installed to shield light from the luminaire at angles
above 72 degrees from vertical.
A lighting plan shall be included as part of the site
plan submittals that indicates types of lights used and
ground light pattern for building lighting of building
and parking-related features on commercial and
office lots.
Fixtures mounted on a building shall not be
positioned higher than the roof line of the building.
Wooden utility-type poles are acceptable only for
temporary uses during construction.
All electrical service lines to posts and fixtures shall
be underground or concealed inside the posts.
Utility Locations
a)
Service lines: all electrical, telephone, cable and
other similar utility lines serving buildings and other
site features shall be located underground.
b)
Mechanical equipment for commercial and office
buildings: all electrical transformers, switching gear,
relay boxes, meters, air conditioning units, heat
pumps and other similar mechanical equipment,
including roof-mounted mechanical equipment, shall
be screened from view. Mechanical equipment shall
City-ofDubuque
Planning Services Depa~ment
Dubuque IA 52001-4864
Phone: 319-589-4210
Fax: 319-589.4149
[] Variance
[] Conditional Use Permit
[] Appeal
[] Special Exception
[] Limited Setback Waiver
PLANNING APPLICATION FORM
r~ Rezoning
Ix Planned District
[] Preliminary Plat
[] Minor Final Plat
[] Text Amendment
[] Simple Site Plan
[3 Minor Site Plan
[] Major Site Plan
[] Major Final Plat
[] Simple Subdivision
[] Annexation
[] Temporary Use Permit
[] Certificate of Appropriateness
[] Certificate of Economic Hardship
[] Other:
PLEASE TYPE OR PRINT LEGIBLY IN INK
Property Owner(s): Plastic Center, Inc.
Address: 290 Main Street
Fax Number:
Applicant/Agent: Buesinq & Associates, Inc.
Address: 1212 Locust Street
Fax Number: 556-6717
Site location/address:
City:. Dubuque
Mobile/Cellular Number:
City: Dubuque
Mobile/Cellular Numben
160 Acres +/- Southeast of the NW Arterial & Asbury Road
Phone: 583-3526
State: Iowa Zip:. 52001
Phone: 556-4389
State: Iowa .Zip: 52001
Existing zoning: AG Proposed zoning: PUD Historic district: Landmark:
Legal description (S/dwell Parcel ID number or lot number/block number/subdivision): Lot 1 & 2 of the Pfohl Faro
in the ~ 1/4, Section 21, T89N, R2E of the 5th FM in the City of Dubuque
Total property (lot) area (square feet or acres): IRR_:~c~ Number of lots:
Describe proposal and reason necessary (attach a letter of explanation, if needed):
Rezoning for single and multi-family, office service commercial and planned CCmTercial
CERTIFICATION: l/w~e, the undersigned, do hereby certify that:
The information submitted herein is true and correct to the best of my/our knowledge and upon submittal
becomes public record;
Fees are not refundable and payment does not guarantee approval; and
All additional required wdtten and graphic materials are attached.
Property Owner(s):
Date:
Date:
Fee¢.~ ~ FOR OFFICE USE ONLy-APPJ,~,'CATION SUBMIT!AL CHECKLIST
. _; ,eoeivedb,: .~_Z~-/~¢' - Date: /~.1~¢~:) Docket:
[] Propert7 ownership list [] Site/sketch plan t;¢Floor plan [] Plat [] Conceptual development plan
[] Improvement plans [] Design review project description r~ Photo u Other.
AG
PC
AG
Proposed PR
Proposed PO
Proposed PC
Applicant: Buesing &
Associates/Plastic Center, Inc.
Location: Southeast Corner
of the Northwest Arterial
and Asbury Road
Description: To rezone from
AG Agricultural District to PUD
Planned Unit Development with
a PC Planned Commercial, PO
Planned Office and PR
Planned Residential designation.
ACCEPTANCE OF ORDINANCE NO. -00
I, James M. Pfohl, President of Plastic Center, Inc., property owner, having read
the terms and conditions of the foregoing Ordinance No. __-00 and being familiar
with the conditions thereof, hereby accept the same and agree to the conditions
required therein.
Dated this __ day of ,2000.
By
James M. Pfohl, President
Plastic Center, Inc.
F
x
SHEET TITLE
PLASTIC CENTER
ASBURY ROAD
CONCEPTUAL PLAN
J
PLASTIC CENTER, INC
290 MAIN ST
DUBUQUE, IA 52001
BUESING & ASSOCIATES
CONSULTING ENGINEERS
121~ LOCUST STREET
0
0
0
Z
0
Brian J. Kane
Gary K. Norby
Les V. Reddick*
D. Flint Drake**
Brad J. Heying
Todd L. Stevenson*
Louis P. Pfeiler
MaryBeth Pfeiler Salmon
Mary A. Cherba
All admitted in Iowa
*Also admitted in Illinois
**Also admitted in Wisconsin
KANE, NORBY & REDDICK~ P.C.
ATTORNEYS
2100 ASBURY ROAD, SUITE 2
DUBUQUE, IA 52001-3069
July 9, 2001
Phone: (563) 582-7980
Facsimile: (563)582-5312
E-mail: lmrpc@mcleodusa.net
The Honorable Terry Duggan
Mayor and City Council Members
C/O Ms. Jeanne F. Schneider
City Clerk
City Hall
13th & Central Avenue
Dubuque, IA 52001
RE: REMOVAL FROM TABLE AND CONSIDERATION OF CONCEPTUAL
DEVELOPMENT PLAN - PLASTIC CENTER, INC.
Dear Mr. Mayor and Members of the Council:
We are counsel for Plastic Center, Inc. and write this letter to respectfully request that you
take offthe table the conceptual development plan submitted by Plastic Center, Inc. with regard to
rezoning the southeast comer of the Northwest Arterial and Asbury Road which you tabled at your
July 17, 2000 council meeting. We respectfully request that the public hearing on this matter be held
on Au~ast 6; 2001 at your re~mflarly scheduled council meeting.
Please do not hesitate to contact us directly should you have any questions. Thank you.
BJK:db
Copy To: Mr. James M. Pfohl
Mr. Barry A. Lindahl
Best regards,
s,': h-si9 'x4!O
G3AISO S
City Clerk's Office
City Hall
50 West 13th Street
Dubuque, Iowa 520014864
(563) 5894120 office
(563) 589-089O fax
ctyderk0}cityofdubuque.org
July 19, 2001
Brian J. Kane
Kane, Norby & Reddick
2100 Asbury Road
Dubuque IA 52001
Dear Mr. Kane:
In response to your letter of July 9, 2001, requesting that the matter of the conceptual
development plan for Plastic Center, Inc. at the corner of the Northwest Arterial and
Asbury Road be removed from the table and set for public hearing on August 6, 2001,
the City Council voted unanimously at their meeting of July 16, 2001, to refer this
matter to the Zoning Advisory Commission. I will notify you when this matter is brought
back to the City Council for action.
If you need additional information, please feel free to contact me.
Sincerely,
e F. Schneider
City Clerk
Service People Integrity ResponsibiIity Innovation Teamwork
Planning Services Department
50 West 13th Street
Dubuque, Iowa 52001-4864
Phone (319) 589-4210
Fax (319) 589-4149
June 12,2000
The Honorabla Mayorand City Council Membem
Ci~ofDubuque
City Hall-50W. l~h Street
Dubuque, lA 52001
RE:
Applicant:
Location:
Description:
Conceptual Development Plan
Buesing & Associates/Plastic Center Inc. (tabled from May 3, 2000 meeting)
Southeast Corner of the Northwest Arterial and Asbury Road
To rezone from AG Agricultural District to PUD Planned Unit Development with
PC Planned Commercial, PO Planned Office and PR Planned Residential
designations.
Dear Mayor and City Council Members:
The City of Dubuque Zoning Advisory Commission has reviewed the above-cited request.
The application, staff report and related materials are attached for your review.
Discussion
The applicant's representative, Ken Buesing, spoke in favor of the request, reviewing the
proposed development and the proposed intersections with the Northwest Arterial and Asbury
Road. Mr. Buesing also reviewed concems expressed by neighboring property owners at the
neighborhood meeting held June 5th. Several people spoke with concerns regarding the
proposed development's impact in terms of storm water, increased volume of traffic in
adjacent neighborhoods and congestion on Asbury Road. Staff reviewed a memo from
Public Works Director Mike Koch concerning the impacts of the proposed development on
the Northwest Arterial and Asbury Road.
The Zoning Advisory Commission discussed the request, looking at the project's impact on
adjacent property from a traffic and storm water perspective. The Commission discussed
whether the commercial portion of the development was too intense. The Commission also
discussed the provision of storm water detention and park land.
Recommendation
By a vote of 5 to 2, the Zoning Advisory Commission recommends that the City Council
approve the request with two (2) conditions. Conditions recommended by the Commission
are:
That a two-acre park be provided with the development.
That detention basins be protected with fencing.
Service People J~tegz-ity Responsibi~ty Innovation Teamwork
Plastic Center, Inc.
June 12, 2000
Page 2
A simple majority vote is needed for the City Council to approve the request.
Respectfully submitted,
Richard Schlitz, Chairperson
Zoning Advisory Commission
Attachments
City-of Dubuque
Planning Services Department
Dubuque IA 52001-4864
Phone: 319-589-4210
Fax: 319-589-4149
[] Variance
[] Conditional Use Permit
[]Appeat
[] Special Exception
[] Limited Setback Waiver
PLANNING APPLICATION FORM
rz Rezoning
m Planned Distdct
[] Preliminary Plat
u Minor Final Plat
[] Text Amendment
[] Simple Site Plan
[] Minor Site Plan
[] Major Site Plan
[] Major Final Plat
[] Simple Subdivision
[~ Annexation
[] Temporary Use Permit
n Certificate of Appropriateness
[] Certificate of Economic Hardship
[] Other:
PLEASE TYPE OR PRINT LEGIBLY IN INK
Property Owner(s): Plastic Center, Inc.
Address: 290 Main Street
Fax Number:
Applicant/Agent: Buesin(~ & Associates~ Inc.
Address: 1212 Locust. S'~'eet
Fax Number: 556-6717
City:. Dubuque
Mobile/Cellular Number:
Ci~: Dubuque
Mobile/Cellular Number:
Phone: 583-3526
State: Iowa Zip: 52001
PhOne: 556-4389
State: Io~a Zip: 52001
Site location/address: 160 Acres +/- Southeast of the NW Arterial & Asbury Road
Existing zoning: AG Proposed zoning: PUD Histodc district: Landmark:
Legal description (Sidwell Parcel ID number or lot numbedblock number/subdivision): Lot 1 & 2 of the Pfohl Farm
in the NW 1/4, Section 21, T89N, R2E of the 5th PM in the City of Dubuque
Total property (lot) area (square feet or acres): I F~ NO Number of lots:
Describe proposal and reason necessary (attach a letter of explanation, if needed):
Rezoning for single and multi-family, office service ccmmrcial and planned comTercial
CERTIFICATION: I/we, the undersigned, do hereby certify that:
The information submitted herein is true and correct to the best of my/our knowledge and upon submittal
becomes public record;
Fees are not refundable and payment does not guarantee approval; and
All additional required written and graphic materials are attached.
Property Owner(s):
App,ican Agent:
Date:
----~. Date:
FOR OFFICE USE ONLY -APP. IC'CATION SUBMITTAL CHECKLIST
Fee.¢ Reo ivedby: - Date: Docket
[] Property ownership list [] Site/sketch plan ~;~FIoor plan [] Plat [3 Conceptual development plan
[~ Improvement plans [] Design review project description [] Photo [] Other:
AG
PC
AG
Proposed PR
Proposed PO
Proposed PC
Applicant: Buesing &
Associates/Plastic Center, Inc.
Location: Southeast Corner
of the Northwest Arterial
and AsbUry Road
Description: To rezone from
AG Agricultural District to PUD
Planned Unit Development with
a PC Planned Commercial, PO
Planned Office and PR
Planned Residential designation.
ACCEPTANCE OF ORDINANCE NO. -00
I, James M. Pfohl, President of Plastic Center, Inc., property owner, having read
the terms and conditions of the foregoing Ordinance No. -00 and being familiar
with the conditions thereof, hereby accept the same and agree to the conditions
required therein.
Dated this __ day of ,2000.
By
James M. Pfohl, President
Plastic Center, Inc.
Brian L Kan¢
Gary K. Norby
Les V. Reddick*
D. Flint Drake**
Brad J. Heying
Todd L. Stevenson*
MaryBeth Pfeiler Salmon
Mary A. Cherba
KANE, NORBY & REDDICK, P.C.
ATTORNEYS
2100 ASBURY ROAD, SUITE 2
DUBUQUE, IA 52001-3069
Of Counsel:
Louis P. Pfeiler
All admitted in Iowa
*Also admitted in Illinois
**Also admitted in Wisconsin
Phone: (563) 582-7980
Facsimile: (563)582-5312
E-mail: knrpc~rncleodusa.net
August 10, 2001
Ms. Jeanne F. Schneider, City Clerk
City Clerk's Office
50 West 13th Street
Dubuque, IA 52001
RE: PLASTIC CENTER, INC./ASBURY CONCEPTUAL PLAN/
CITY COUNCIL PUBLIC HEARING
Dear Jeanne:
The Zoning Advisory Commission confirmed on August 8,2001 their prior approval on June
7, 2000 of the above plan and, as we understand it, are forwarding that confirmed approval to the
City Council. A public hearing before the City Council would be, as we understand it, the next step.
By this letter we want to advise you that September 4, 2001 and September 17, 2001 do not
appear to be good dates for our client to appear before a public hearing. It appears that October 1,
2001 would be the first good time for our client to assemble all the appropriate parties at a public
hearing. We wanted to provide this information to you at an early date so that the public hearing
could be scheduled at an appropriate time.
We thank youin advance for your atteution to this matter. Please do not hesitate to contact
us directly should you have any questions. Thank you.
Best regards,
BJK:db
Copy To: Mr. Kyle Krtiz
Mr. Laura Carstens
Mr. Barry Lindahl
Mr. James M. Pfohl
Mr. Ken Buesing
Ordinance No. - O0
Page 9
7)
Other Codes and Regulations: These regulations do not
relieve an owner from other applicable city, county, state or
federal codes, regulations, laws and other controls relative
to the planning, construction, operation, and management of
property within the City of Dubuque.
Open Space and Recreational Areas
Those areas not designated on the conceptual development plan for
development shall be maintained by the property owner and/or
association as open space, as defined by Section 8 of the Zoning
Ordinance.
H=
Transfer of Ownership
Transfer of ownership or lease of property in this PUD District shall
include in the transfer or lease agreement a provision that the purchaser
or lessee acknowledges awareness of the conditions authorizing the
establishment of the district.
Modifications.
Any modifications of this Ordinance must be approved by the City Council
in accordance with zoning reclassification proceedings of Section 6 of the
Zoning Ordinance.
Recording.
A copy of this ordinance shall be recorded at the expense of the property
owner(s) with the Dubuque County Recorder as a permanent record of
the conditions accepted as part of this reclassification approval within ten
(10) days after the adoption of this ordinance. This ordinance shall be
binding upon the undersigned and his/her heirs, successors and assigns.
Section 3. The foregoing amendment has heretofore been reviewed by the
Zoning Commission of the City of Dubuque, Iowa.
Section 4. The foregoing amendment shall take effect upon publication, as
provided by law.
Passed, approved and adopted this __ day of
ATTEST:
T~errance M~ [~uggan~l~yor
Jeanne F. Schneider, City Clerk
F:',USERS~MELIN DA\WP\CO U NCIL\O RD~LASTICC.O RD
PLANNED DISTRICT STAFF REPORT Zoning Agenda: June 7, 2000
Project Name:
Property Address:
Property Owner:
Applicant:
Plastic Center, Inc.
Southeast comer of Northwest Arterial and Asbury Road
Plastic Center, Inc.
Buesing & Associates, Inc.
Proposed Land Use:
Existing Land Use:
Adjacent Land Use:
Flood Plain:
Water:
Storm Sewer:
Commercial/Residential Proposed Zoning: PUD
Agricultural Existing Zoning: AG
North - Agricultural/Residential Adjacent Zoning: North - AG/R-1
East - Residential
South - Residential
West - Commercial/AG
No
Yes
Yes
East - R-1
South - R-1
West - C-3/AG
Total Area: 160 acres
Existing Street Access: Yes
Sanitary Sewer: Yes
Previous Planned District: None.
Purpose: The applicant is requesting rezoning the subject parcel from AG Agricultural
to PUD to provide for development of a commercial plaza, multi-family housing and
single-family housing.
Property History: The property has been used for agricultural purposes since
annexation into the City.
Physical Characteristics: The property is characterized with rolling hills and drains to
the southeast.
Conformance with Comprehensive Plan: The 1995 Comprehensive Plan designated
the area as Growth Area 11 and stated, "Area 11 reflects substantial commercial
development buffered from single-family and multi-family residential by park and open
space with access onto Asbury Road."
Staff Analysis:
PLANNED DISTRICT STAFF REPORT Page 2
Streets: The submitted conceptual plan proposes extensions of several existing
City streets and the construction of three new streets. The streets are proposed as
public streets and will be built to City specifications.
Sidewalks: Sidewalks will be provided as part of all new and extended public
streets.
Lighting: Lighting will be as per City of Dubuque standards.
Signage: Staff have proposed signage for the commercial portion of the
development similar to that of the proposed commercial center at the northwest
corner of Asbury Road and the Northwest Arterial. Signage for the office, multi-
family and single-family developments will be the same as those for the OS, R-3
and R-1 districts.
Bulk Regulations: Bulk regulations for the commercial office and residential
sections of the development will be the same as those for the C-3, OS, R-3 and R-
1 districts in the Zoning Ordinance.
Permeable Area (%) & Location (Open Space): Approximately 15 acres is
assigned to park and open space as well as the detention area for the proposed
development. In addition, there will be green space provided as part of
development of the residential portion as well as the commercial and office
portions of the development.
Landscaping/Screening: Landscaping and screening will be as per City of
Dubuque Standards as site plans are submitted for each phase of the
development.
Phasing of development: None proposed.
Impact of Request on:
Utilities: Existing city utilities are adequate to serve the site.
Traffic Patterns/Counts: The Northwest Arterial is classified as a primary arterial.
The Iowa Department of Transportation counts indicate that there are 8,500
vehicle trips south of Asbury Road, and 5,700 vehicle trips north of Asbury Road.
Asbury Road is classified as a minor arterial, and carries approximately 8,300
vehicle trips east of the Northwest Arterial and 7,800 vehicle trips west of the
Northwest Arterial.
Public Services: Existing public services are adequate to serve the site.
Environment: Staff do not anticipate any adverse impact to the environment
provided adequate erosion control is practiced during all phases of construction,
PLANNED DISTRICT STAFF REPORT Page 3
and that adequate storm water management practices are following during all
phases of construction, with adequate detention facilities provided as part of the
development of the property.
CIP Investments: None proposed.
Staff Analysis: The submitted conceptual development plan for Plastic Center, Inc. is
a planned unit development that establishes areas for commercial, office, multi-family
and single-family development. The commercial and office development is located
near the Northwest Arterial and Asbury Road. Multi-family development is used to
buffer the commercial area from the new proposed single-family subdivision that
borders the existing single-family homes along St. Celia and Hillcrest Road on the east
and south sides of the subject parcel.
The development proposes a full intersection approximately 1,000 feet south of the
Northwest Arterial and Asbury Road intersection with a right-in/right-out access
approximately 1,000 feet south of the first access. Three entrances onto Asbury Road
have been proposed and have been reviewed by City Engineering on a preliminary
basis for site visibility and conflicts with existing and/or proposed driveways and
streets.
Four existing stub streets on the east and south sides of the development are proposed
for extension, which include Admiral, Rosemont, Grant and Westway. These streets
have been stubbed out since their respective subdivisions have been built, and were
intended to be extended to facilitate development of the subject 160 acre parcel.
Attached to this staff report is a memorandum from Public Works Director Mike Koch,
outlining the Engineering Department's review of the submitted site impact traffic study
for Plastic Center, Inc. Mr. Koch has indicated the impact of the proposed development
on level of service of the adjacent roadways as well as the intersection of the Northwest
Arterial and Asbury Road.
The proposed development also includes 15 acres of open space, parkland and
detention area. The open space area is primarily located behind the single-family
homes that front on St. Celia. The detention area is located in the southeast comer of
the site. Staff anticipate that additional detention areas will be necessary and can be
incorporated with development of the commercial property.
The applicants have indicated on the conceptual plan two primary commercial
buildings, one of 175,000 square feet and one of 130,000 square feet, with their
associated parking areas. The balance of the commercial property would be
developed as demand dictated. The applicants do not have a plan for the balance of
the commercial property at this time. The Commission would review any subsequent
commercial plats for these areas. The proposed planned commercial area basically
will be regulated the same as C-3 General Commercial zoned property. The multi-
family and single-family portions of development would be developed after submittal
PLANNED DISTRICT STAFF REPORT
Page 4
and approval of required plats before the Zoning Advisory Commission and City
Council. The submitted conceptual plan does not serve as a preliminary plat for the
proposed residential development.
The proposed rezoning is in substantial compliance with the 1995 Comprehensive
Plan. The subject property was designated as Growth Area 11 and proposed to have,
"substantial commercial development buffered from single-family and multi-family
residential by park and open space with access to Asbury Road."
The conceptual plan proposes several street extensions and new streets. The streets
are proposed to be built to City street standards and dedicated to the public. All public
utility extensions for sanitary sewer and water mains will also be dedicated to the
public.
Because of the large scale of the subject property, the applicants have submitted a
conceptual plan that depicts the two larger commercial businesses they anticipate
locating in the development. The primary access points are shown on the Northwest
Arterial and Asbury Road, as well as extensions of existing streets stubbed into the
property. The applicants have approached this planned district by providing the
Commission a framework of how the 160 acres will develop over time. The applicants
understand that the Commission and City Council will have further reviews of future
development of this property through the subdivision process, and that the submitted
conceptual plan will serve as the basis for the review of future preliminary and final
plats.
Staff recommend that the Commission review Section 3-5.5(F) that establishes plan
approval standards for planned districts.
Prepared by: ~Reviewed:
ASBURY PLAZA
SIGN REGULATIONS
Si.qn Requlations.
On-premise signage shall be provided in compliance with the following:
1)
Center Identification signage: One (1) center identification sign located along
the Northwest Arterial (Highway 32) frontage. This sign shall be a ground-
mounted sign a maximum of twelve (12) feet high and twenty-five (25) feet
long.
2) Tenant Identification signage:
a)
Two (2) tenant identification signs. Each sign shall be a ground-mounted
sign a maximum of twenty-five(25) feet high and twelve (12) feet long.
Multiple tenants can be displayed on these signs with square footage to
be allocated by the developer.
b)
Wall-mounted signage fo~ tenants occupying greater than 30,000 square
feet of leased area shall be allowed one (1) sign per street frontage. The
total square footage of wall-mounted signs will be based on 20% of the
front building wall area.
c)
Wall-mounted signage for tenants occupying less than 30,000 square feet
of leased area shall be allowed one (1) sign per street frontage. The total
square footage of wall-mounted signs will be based on 10% of the front
building wall area.
3. Outlot signage:
a)
Each outlot parcel shall be allowed walPmounted signage as per the C-3
General Commercial District sign regulations. The maximum number of
signs per business is two (2) signs.
b) Each outlot parcel shall be allowed one (1) freestanding sign, limited to
100 square feet in size and a maximum height of 25 feet.
Directional signs will be allowed as permitted by C-3 General Commercial
District sign regulations.
-(
SuF.~. No. 1
3756
/%1 ~"~ f'-
u~TY ur DUBUQUE
Resu~ection
4300 Asbury Road
Dubuque, lA 52002-0497
JUN 0 8 2000
June 6,2000
Chairperson
Zoning Advisory Commission
Planning Services Department
City Hall
50 W. 13th Street
Dubuque, IA 52001
Dear Mr. Chairperson:
The Church of the Resurrection has reviewed the Plastic Center - Asbury Road Conceptual
Plan.
The Church of the Resurrection does not concur with three (3) accesses to Asbury Road.
The Church requests the use of frontage roads, with one (1) access to Asbury Road, at the crest
of the hill. This access to be aligned, with the middle access to the Resurrection property, and
controlled by a traffic signal.
If a single access is not approved, the Church requests that the accesses to Asbury Road be
limited to two (2), with both controlled by traffic signals. Since these accesses would not be at the
crest of the hill, it is requested that a school traffic signal be required near the middle access to the
Resurrection property. This would permit a safer crossing for children attending Resurrection School,
as welf as pedestrians crossing Asbury Road.
This being a school zone, the speed limit should be reviewed in this area, and reduced from
the existing thirty:five (35) miles per hour, to a proper limit. The Church of the Resurrection is very
concerned about the safety for everyone, but especially the children attending Resurrection School.
Your consideration and review of these requests will be appreciated by the members of
the Resurrection Community.
A representative of the Resurrection Finance Committee, Mr. Virgil Blocker, will be present
at the public hearing on Wednesday, June 7, 2000, to address the Commission regarding these
matters.
Pastor~ronald RBruggeman (~
~l'Y OF OUBLK)UEE
JUN 0 9 7_000
We, the undersigned, residents of the Saint Cel/a Street area neighborhood, are not opposing the
development of the property owned by Plastics Center, Incorporated, at the southeast comer of
the NW Arterial and Asbury Road. However, we do have some concerns, addressed below,
which need resolution prior to the onset of development.
1. Westway Street should be cul-de-sac'd as it currently is, and not extended into the new
development. Extending this street into the new development creates the following concerns:
· Increase of traffic flow into an already well-traveled neighborhood.
· Safety concerns for the neighborhood children, and existing several in-home day care
providers.
· Extension of the street could create restriction of the existing water drainage system,
which is already a problem during heavy m/ns and spring thaws.
2. Construction of an adequate water detention system MUST be constructed PRIOR to the
onset of any development for the following reasons:
As is, the current water drainage system is inadequate, and causes frequent flooding
of adjacent land, during heavy rains or spring thaws.
The current influx of water causes downstream sewer backup to adjacent properties;
Failure to correct tb/s problem prior to development, increases the likelihood of
property damage, and safety and health concerns.
3. The proposed residential development MUST be constructed PRIOR to the proposed
commercial development, as a buffer to the existing neighborhood. Not doing so could result
in the following:
· Decreased valuation of current neighborhood properties.
· Unwillingness of prospective homebuyers to locate next to an existing large-scale
commercial development.
· Increased commercial development, and no residential buffer for the existing
neighborhoods.
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tgi73 54-. q-~:b;~'~ ~c
11~'/
CITY OF DUBUQUE IOWA I need? should con act he city
OFFICIAL NOTICE I Clerk s Offlae a (563 589-
NOTICE iS hereby given that 4120 or TDD (563) 589~4 95 n
the Dubuque City Council will I the Human RIgh s Department
conduct a public bearing a( e let least 46 hours prior to the
meeting to commence at 6:80 meeting,
P.M[ on October 11 2001, in /s/Jeanne F. Schneider,
the Public Library Auditorium | City Clerk
to consider a~endin( It 9/21
A (the
of the
Residential designations
requested by Buesin(
Associates/Plastic Cente~
(Copy of
I ments
Olerk's Off!ce and
viewed during
hours,)
Written dommentS regarding.
above reclassification may be
submitted to the City Clerk's
Office on or before sa~d time of
public hearing.
At said time and place of
public heating atl interested
citizens and pd~tles will be
Ivan an oppoHunlt~ to be
~eard for or against aaid
reclassification. ~
Any visual or hea~'ing
Impaired ~erson~ needing
special assistance or persons
with special accessibility
STATE OF IOWA
DUBUQUE COUNTY
{ SS:
CERTIFICATION OF PUBLICATION
I, TAMMY M. FELDMANN 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 .~¢~y ~e~c~ ~)~ U ~ I
, 20 01 , and for which the charge is $ /-~. ~ .
Subscribed to before me, a~Notary_ Public in and for Dubuque County, Iowa,
this a~O~ dayog.~-~,~ ~_~.~/~
Notar~ublic in and for Dubuque Coul~y, Iowa
~~~Y COMM}SSION EXPIRES
F E BI-? UARY 1,2002
BOARDS/COMMISSIONS
Interviews for the following Boards/Commissions:
Environmental Stewardship Advisory Commission (Two 3-year terms to expire 10/1/04)
Applicants: Michael J. Buelow, John S. Bennett, John Nemmers. No one spoke.
Mechanical Code Board (Five Vacancies): Applicant: Todd Geisler (Pipefitter). No one spoke.
Plumbing Board (Two Vacancies): Applicant: Dan Harris (At-Large). Mr. Harris spoke requesting
consideration for appointment.
After discussion about the possibility of non-residents being considered for appointment to City
Boards and Commissions, Michalski moved that the City Manager and staff look into the
requirements for appointments to technical advisory boards. Seconded by Nicholson. Motion
carried 7-0.
PUBLIC HEARINGS
Buol moved that the rules be suspended to allow anyone present to speak. Seconded by Cline.
Carried by the following vote: Yeas--Buol, Duggan, Cline, Markham, Michalski, Nicholson, Robbins.
Nays--None.
Due to possible conflict of interest, Mayor Duggan turned control of the meeting to Mayor Pro-Tem
Robbins.
Plastic Center, Inc. - Conceptual Development Plan: Proof of publication on notice of hearing and
Zoning Advisory Commission reaffirming their approval of a rezoning request from Plastic Center,
Inc., to rezone property located at the southeast corner of the Northwest Arterial and Asbury Road
from AG Agricultural District to PUD Planned Unit Development with a PC Planned Commercial, PO
Planned Office and PR Planned Residential designation, presented and read.
Correspondence from the Fischer Companies regarding the rezoning request for property located at
the southeast comer of the Northwest Arterial and Asbury Road, presented and read.
Attorney Brian Kane, 2100 Asbury Rd., for The Plastic Center and Fischer Co., spoke and
requested that action on this matter be tabled until November 19, 2001.
An ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of
Ordinances by reclassifying hereinafter described property located at the southeast corner of
Highway 32 (Northwest Arterial) and Asbury Road from AG Agricultural District to PUD Planned Unit
Development District with PC Planned Commercial District, PO Planned Office and PR Planned
Residential Distdct Designations, and adopting a Conceptual Development Plan, with conditions, for
Plastic Center, Inc., presented and read. Markham moved to receive and file and that the
requirement that a proposed Ordinance be considered and voted on for passage at two Council
Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final
consideration and passage of the Ordinance. Seconded by Nicholson. No vote taken on this
motion. Nicholson then moved to receive and file the proof and correspondence and to table the
Public Hearing for continuance to the Council Meeting of 11/19/01. Seconded by Cline. Motion
carried 6-0.
Mayor Duggan returned and took control of the meeting.
1133 White Street - Sale of Real Property: Proof of publication on notice of public hearing and
City Manager recommending the sale of City-owned property at 1133 White Street to Jack and
Stephen Stackis for the amount of $5,165, presented and read. Markham moved that the proof and
communication be received and filed. Seconded by Buol. Motion carried 7-0.
Steve Stackis, of Sprucewood Dr., spoke in support of the proposed sale.
RESOLUTION NO. 442-01
12