Request to Rezone Keymont Drive_Daoud ResponsesMr. Mike Van Milligen 26 July 2008
City Manager
City Hall
Dubuque, IA 52001
Dear Mike,
I realize there were several questions, or unanswered comments, arising from our first reading. We want
to make every effort to get each question answered. I have outlined below those questions I have
documented, along with our response. If I have failed to document a question, please pass this question to
me and I will respond with an answer.
4-All, LLC is passinE worthless property to the City as a Park• Our vision is for this park space
to be used as part of a trail system. This is a vision which fits in with long standing proposals from the
Parks and Recreation Department. This trail system, if authorized, would extend from Usha Park to
Pennsylvania Avenue along the creek bed. Additionally a spur will extend from the creek bed to Asbury
Road. This property is uniquely suited for this use considering the scenic element of the creek. While it
may take some time for the entire trail to be completed, some initial work could be conducted in concert
with the sanitary line upgrade project along Catfish Creek. There will be an access road servicing the
new sanitary line. In many places, this access road could serve as a portion of the trail. In addition to the
trails, the Parks and Recreation Department is also interested in discussing the possibility of maintaining a
pond in the area designated as a detention pond.
Where will people park in order to access the trails• There is currently an agreement with
EDSB to utilize their parking lot to access Usha Park. At some point, the City will have parking in the
vicinity of Usha Park. We believe this could be an embarkation point for the trails. The area surrounding
these trails is a large densely populated neighborhood bordered by J. F. Kennedy Rd., Asbury Rd.,
Pennsylvania Ave., and the Northwest Arterial. Neighbors would certainly access the trails by walking to
one of several ingress points planned along the route.
One side sidewalks will frustrate the nei hbors who must shovel the snow• A key part of
the development will be the presence of an association with strong covenants. The exterior appearance of
the homes will be uniform as will be the care of the site. The association will contract for snow removal
as well as lawn care to be completed at every home. The rain gardens and bio swales will also be cared
for in this manner. There should be no frustrations since each homeowner will have equal responsibility
for the care of the entire development. The design of a 1 sided sidewalk is a best practice designed to
minimize storm water runoff. Although it is not our preference, sidewalks could be designed on both
sides of the street.
Additional avenues of entrance or egress from the site• The scope of our project fully complies
with city ordinances governing access and egress. The site is land locked, and therefore it is difficult to
design for additional access. It would be our choice to design for one access point, however;
• Emergency access;
o A knock down gate could possibly be placed at the terminus of the North cul-de-
sac. This would require permission to connect to the parking area of the church
and would only be accessible to fire or police, in an emergency.
The property is presented as open space in the Future Land Use Map and therefore should remain
green space: The Proposed Future Land Use Map indicates this parcel as open space, even though it is
designation as R-1, and private property. As articulated by Laura Carstens during the Zoning
Commission hearing, "The Future Land Use Map is one component of the Comprehensive Plan. The
Comprehensive Plan includes over 250 goals, which on occasion may contradict each other and the
Future Land Use Map. Land use planning is often a balance between competing goals." Her comments
would seem to be substantiated by the fact that the Church to our North is on land designated as "Open
Space", as are the apartments to the North-West. Throughout the design process, we have attempted to
meet as many of the Future Land Use Goals as possible; to include dedicating approximately 1/3 of this
site to open space.
Access to the property, for emereencv equipment will be limited by the 27ft width• The preliminary
plat has been reviewed by City staff to include the Fire Department. They have voiced no such concern.
The narrow street and one sided sidewalk allows the developer to limit ROW and thus gain more
units thus adding to increased traffic and storm water runoff into Catfish Creek. The ROW and
setbacks remain unchanged by the narrowing of the street, and no additional units were gained. The
purpose of the narrower street, along with the rain gardens and bio swales is to manage storm water.
This development will exacerbate the current flooding issue in this area The principle cause of
the existing storm water issue is the under capacity of the sanitary sewer and poor storm water
management by the existing homes in the Keyway sub division. The City has corrected many of the
issues; however many remain. The upcoming sewer project in the Catfish Creek will alleviate most if not
all of the problems.
The site is polluted by years of pumping sewage onto the site during IarEe storms• Neighbors have
been notified over a number of years concerning the sewage discharge. The notice specifies that soil
samples have been taken. Since the land owner has not been notified to the contrary, we assume the site
has been cleared. We have discussed the discharge situation with the City Engineering staff. We believe
we can work together to alleviate the current situation to the mutual benefit of both parties.
The "green technologies" sound good on paper. but there is no proof they work• While many of
these technologies will be new to Dubuque, they have been used in other communities. Additionally, the
State and County officials tasked with storm water issues have articulated confidence in the technologies.
We are willing to bring together the subject matter experts with the appropriate City staff to establish a
baseline understanding of the applicable technologies. We can therefore continue through the journey
with a shared understanding and shared expectations.
The traffic is currently bad and will only yet worse• By following the city's minimum lot size
standards, we calculated 44 single family homes can be placed in the R-1 zoned site. Even though 4-All
LLC and the City agree the R-2 model contributes less traffic than the R-1 model; there will be more
traffic in the developed state than in the current undeveloped state. In speaking with Bill Schlickman, it
becomes evident that development is not the only factor which affects the pattern and volume of traffic on
Keyway. Steps have been successfully taken in the past to moderate traffic on Keyway only to be
impacted by changes to traffic on JFK or Pennsylvania. Traffic flow is an iterative process. We will
continue working together with City Engineering, the Traffic Department, and the neighbors; to improve
the situation.
The 4 acre set aside for park space is not lust the open area to the East but all open area The
total area of this site is 11.92 acres. The total green space (site minus roads, walkways, driveways, and
homes) is 8.8 acres. Of those 8.8 acres, 4.1 acres is proposed to be deeded to the City as a park.
What will happen to the present forest• We are in the process of surveying all trees 18 inches in
diameter or larger. Great effort will be made to protect and preserve all meaningful vegetation. Once the
land is surveyed and finished grade is established we will develop a landscaping plan in greater detail
than our concept drawing.
What guarantee is there that what has been talked about will actually be built• We prepared
and filed our plat upon which we are seeking final approval from the Zoning Commission. This
document, when approved, does not permit us to change our site layout without going through a formal
amendment process as prescribed by the city. We have publically stated our intentions to deed almost 4
acres to the city as well as our plans to incorporate sustainable practices in managing storm water. Final
design of many of our green features, particularly the permeable pavers, are subject to design
specifications and other requirements placed upon us by the city. Only when these details and costs are
established can a final plan be developed.
The developer has crammed as many units as aossible in this development• The North Fork Trails
development is not at all cramped, especially when viewed in terms of the city minimum requirements.
R-2 min. lot area = 6000 sf North Fork Trails avg. lot area = 13,900 sf
R-2 min. lot frontage = 50 ft North Fork Trails avg. lot frontage = 106 ft in straight,
78 ft in curve, and 62 ft in cul-de-sac
North Fork Trails avg. lot width at 60 ft from ROW= 106 ft in straight, 106 ft in curve, 114 ft in
cul-de-sac
Thank you for the opportunity to respond to the questions from the Council.
Charles A. Daoud