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Zoning QHQ S Holliday Dr W NW ABuesing & Associates Inc. Consulting Engineers 1212 Locust St. Dubuque, lA 52001 (563) 556-4389 July 16, 2003 To: Mayor Duggan & City Council C/o Ms. Jeanne Schneider, City Clerk City of Dubuque City Hall @ 13th & Central Dubuque, IA 52002 Re: QHQ request for rezoning property located south of Holliday Drive, west of the Northwest Arterial, from AG Agricultural District to C-3 Dear Jeanne: As a follow-up to our conversations this a.m. we hereby request that the above noted rezoning item be placed back onto the City Council agenda for the August 4, 2003 Council meeting. We will be available at the meeting to review items discussed with the neighbors since the June 2 public hearing and to answer any and all of the Council questions that may be asked regarding the project. Respectfully submitted, Buesing & Associates, Inc. Kenneth L. Buesing, PE & LS cc to: Tim Quagliano Buesing & Associates Inc ~ :-- '~ Consultin~ Engineers LL - . -' 1212 Locust St. (~'7 c-.. ,.) ~ Dubuque, IA 52001 ~-~ (563) 556-4389 ~ >~L.~ July 31, 2003 To: City of Dubuque Council Cio Ms. Jeanne Schneider, City Clerk City of Dubuque City Hall @ 13th & Central Dubuque, IA 52002 From: Kenneth L. Buesing, PE & LS representing QHQ Development Re: QHQ request for rezoning property located south on Holliday Drive, west of the Northwest Arterial, from AG Agricultural District to C-3 tn response to the request of Ann Michalski and/or Dan Nicholson at the June 2nd Council meeting, Tim Quagliano, Tom Casey and I have had one face to face meeting with representatives of the Samantha Drive neighbors who live adjacent to the proposed development. These are the folks who purchased the property along Samantha Drive and built homes there and have subsequently objected to the QHQ development proposal even in light of Paragraph pp in their restrictive covenants. That paragraph states that they could "not object to any rezoning modifications to the adjoining QHQ property". The meeting June 9th meeting was very cordial. Exhibit A is my notes of the items discussed at the meeting. Subsequent to that meeting, vadous proposals and another meeting has been held. Based upon the items discussed at that first meeting, there was a follow-up proposal dated July 15th, Exhibit B, that we prepared to attempt a compromise between the two parties. Following the proposal, a response from the Concerned Neighbors Promoting Appropriate Development, (CNPAN), Exhibit C, was received. This document substantially expanded the items involved in the rezoning discussion far beyond anything that had been brought up and discussed at the original neighborhood meeting. On Friday, July 25th, another meeting was held attended by many more neighbors and this author. Tim Quagliano had stated from the beginning of the negotiations that he would meet only with the Samantha Drive neighbors, and when Exhibit C opened our proposed July 25th meeting to almost anyone, he stood by his initial word Based upon Tim's review of discussions at the last meeting and especially the vast difference between the original proposal that was framed out of discussions in the first meeting and the CNPAN letter reply, it would appear that further negotiations would be long, drawn out and most likely bear very little fruit. Given these conditions, we would ask the Council to consider the fact that we have attempted to negotiate in good faith per your directions. The results of our negotiations can be reviewed in the attached documents. Since negotiations appear to us to not be reaching any reasonable conclusions, we have respectfully asked that the Council to further consider our request for rezoning. Please be advised of the following: If it is the wish of the Council to impose those conditions outlined in our July 15th proposal to the Samantha Drive neighbors, that is acceptable to us. If you also wish to restrict the uses that may be allowed in the C-3 zone such that a Bar/tavern is not allowed, that is also acceptable. It is our understanding that this restriction would not eliminate a restaurant that also serves liquor. These restrictions would set up the safeguards that we are willing to comply with even in the absence of any agreement with the CNPAN group or the Samantha Ddve neighbors. Overall, we would like to conclude that this final step in our rezoning efforts for our original 50 acres of property has not been initiated without giving very serious review of the City's Comprehensive Plan. Some things in the 1997 plan have not and will not be realized such as the continuation of Red Violet Ddve from Radford Road and connecting to Asbury Road via Holliday Drive. Other items included in the plan such as the fact that the entire QHQ property is supposed to be a combination of commercial and residential was accomplished by the development of Samantha Drive in conjunction with the placement of the restriction in the subdivision covenants. Ken Moore, the developer of Samantha Drive area had the property rezoned single family residential and could have proposed multifamily living units for that area but chose not to. Given the rezoning approvals and now the very real possibility of access to the Northwest Arterial, this area fits very specifically within the definition of a C-3 Zoning Classification. That is an area that "provides commemial uses which are designed to serve the motoring public or uses requiring highway or arterial locations for their most beneficial operation". We believe that this property fits very well within this definition and should therefore be rezoned to C-3. Your approval of our rezoning application is respectfully requested. Re, spectfully submitted, Buesing & Associates, Inc. For Tim Quagliano, QHQ Development Encl: Chronology of Events, QHQ rezoning Exhibits A, B, C, & D Buesing & Associates Inc. Consulting Engineers 1212 Locust St. Dubuque, IA 52001 (563) 556-4389 July 31, 2003 Chronology of Events QHQ rezoning July, 1997 Dubuque Comprehensive Plan came out and shows the area between Asbury Road and the Northwest Arterial and Sunnyslope Estates as a combination of commercial and residential development. It shows that there is no access to the Northwest artedal from this area. It does show a direct highway connection east from Radford Road through Sunnyslope and then north to Asbury Road. Fall, 1998 Council. QHQ requests rezoning for all 50 acres of their property. The request was denied by the City Spdng, 1999 AIdi's Grocery store request rezoning for the northerly 16.5 acres of the property. The area is approximately the northerly 875 feet of the original 50-acra pamel. This rezoning request includes the area that now makes up the Aldi's grocery, United Rental and the new branch office of Dubuque Bank & Trust. This rezoning request was approved Fall, 1999 A portion of the QHQ property that is located adjacent to the Sunnyslope Subdivision is sold to Ken Moore of Ken Moore Construction for some type of residential development. Ken Moore requests that the property be rezoned from AG to single family residential. Rezoning was approved. Winter & Spdng, 1999-2000 The property adjacent to Sunnyslope is developed as single family residential homes. It is called Embassy West No. 3. There is a homeowner association created as a part of the development. Samantha Drive is created. Contrary to the Dubuque Comprehensive Plan, no road access or easements from Samantha Drive to the remaining QHQ property to the east is included or required. As required in the contract of sale between QHQ and Ken Moore, a clause was inserted into the Restrictive Covenants that these property owners understand that development will be occurring in the adjacent land to the north and east and that they are not allowed to oppose this adjoining development, thereby effectively creating a buffer between the existing Sunnyslope people who opposed the original QHQ rezoning and the remaining QHQ property. These covenants were known to each Samantha Drive property owner before the property owner purchased their property as they were filed of record and shown in each abstract of title. Spring 2000 to Fall 2001 The 160 acres adjacent to the QHQ property on the east side of the Northwest Arterial south of Asbury Road is proposed for development (Plastic Center). The commercial area includes property extending some 2200 feet south of Asbury Road. Two intersections from the development onto the Northwest Artedal are approved one with a full-signalized interchange and the other with a dght-in and right-out configuration. These are located 1000 and 2000 feet south of Asbury Road respectively. Spring & Summer 2003 The remaining QHQ property is proposed for rezoning. A concept plan is prepared which tries to define how the area would most likely be developed. Accesses onto the Northwest Arterial lines up with those approved for Plastic Center. The existing Holliday Drive is extended south to those accesses. May 7, 2003 The remaining QHQ property rezoning request is unanimously approved by the Zoning Commission after a public hearing. June 2, 2003 Council meeting where the rezoning request and public headng are heard. Councilman Nicholson requested that two conditions be added to the Ordinance, 1. Additional screening to fill in the present bare spots with replacement as necessary and 2. That no drinking establishments be allowed in the development. The Council requests that negotiations with the neighbors be held. June 9, 2003 A meeting was held with representatives from Samantha Drive. Attached as Exhibit A are my notes from the meeting. July 15th, 2003 A letter proposal was prepared and submitted to the representatives of the Samantha Ddve neighbors outlining some of the key items that we could accomplish as a part of the development. Copy attached as Exhibit B. Shortly after this letter was submitted, we made a telephone request for a walk-through meeting of the Samantha Ddve neighbors for Friday evening, July 25th or some other apprepdate time. The July 25th date was agreed. July 22, 2003 A wdtten response was received by a group known as the "Concerned Neighbors Promoting Appropriate Development". Copy of their letter is attached as Exhibit C. Many new items not covered at the June 9, 2003 meeting were brought up. Possible attendees at the July 25th meeting were enlarged to include not only the Samantha neighbors, but any and all interested neighbors as well as the members of the City Council. July 26, 2003 A second neighborhood meeting was held with the neighbors. The July 15th proposal was reviewed. Present were the Samantha neighbors and a number of other neighbors and or interested folks. The neighbors wanted to talk about not only the 7/15/2003 letter but the response to Concerned Neighbors Promoting Appropriate Development letter. A copy of my notes from this meeting is attached as Exhibit D. August 4, 2003 Dubuque City Council Meeting to address the rezoning request. EXHIBIT A June 9th, 2003 Meeting with Samantha Drive Representatives Buesing & Associates Inc. Consulting Engineers 1212 Locust St. Dubuque, IA 52001 (563) 556-4389 June 9,2003 Mr. Tim Quagliano 2140 J.F. Kennedy Road Dubuque, IA 52002 Re: Northwest Arterial Development My notes from the discussions with the neighbors for this evening: Met with: Pat Meehan, 2465 Samantha Susan Meehan, 2465 Samantha Danette Putchio, 2220 Samantha Mark Lockwood, 2215 Samantha Discussions started with getting background information in place and a review of some of the aspects of the project with these representative neighbors. Discussed how the development of Samantha Drive proceeded with regard to the covenants, etc. Presented a fax from the records to Eldon Digman, long time realtor that indicated that Quality Properties was planning on rezoning property to commercial. Mark wants copy of fax for his information. Will be provided. Discussion started w/Danette talking about all of the storm water runoff that will now be coming down the drainage way behind their houses. I indicated to her that I thought that we could complete the design of the site in such a manner that only the water from the 3 to 1 areas, which sloped to their property, drained in their direction. All of the remaining water would be channeled down Holliday Drive and to the City's storm water detention area. The discussions got into what the slope from the edge of the drainage way toward the Northwest Arterial would look like. I used some papers and pens to show the trees, the sloped area and the flatter area that would face Holliday Drive. In general, the concept is to bring the property adjacent to Holliday Drive up to the level of the road or higher, allow the water to flow toward the road and to the seed the sloped area and plant with conifer type trees. It was suggested that they should be patterned and not just placed in a row. It was indicated that this could be done. There was a concern raised specifically by the Meehans that they were very close to the C-3 zoned area and how could they distance their property away from the site. I indicated that there was a "dead" area for development between the drainage way and their home that would not be altered. This parcel was not defined in size at the meeting but is a triangle about 50' by 100'. The only way that this could be used for development was to relocate the drainage way and that in my view was not practical. Then, a sloping area at 3 to I would be built away from their property. I defined 3 to 1 as a slope that could be ridden on a riding lawn mower and could be grassed and treed as may be necessary. The actual width was not defined at this time, since that information would come out of any final design. There was concern about the limiting the type of development that would be possible on the back lots (those closest to them). The kind of limits suggested were closing times, no Burger Kings, controlled loading and refuse areas, etc. It was also suggested that we should review the things allowed in C-3 and see if there might be some of the ugly ones that could be eliminated. That would make it a C-3 with conditions. Tim indicated that he would review and see what might make sense. Mark indicated that in general, there was concern about the pollution from noise, smell, and light. Those kinds of things needed to be best addressed and it may be possible that no matter what, addressing them may not make it ok with for development as may be defined by the neighbors. It was addressed by Susan Meehan that they be kept in the communication loop when something is proposed so that they can have input. Lights loading dock locations, hours of operations, etc. Discussion ensued that any new owner may have all of the right in the world to not be successful and wind up selling to a new party who may not have any discussions with these neighbors. Mark wanted a copy of the topographic drawing. Tim will review same and determine if ok. We are to review items discussed, scheduled to do this 6/10 @ 1:30 and determine what might be reasonable. I suggested that we prepare a written proposal (won't be in legaleze, might be in engineedngeeze) where we could talk through the process again. It was suggested also that a drawing showing the sloping area, the trees, the existing profile, etc. be shown and then the neighbors might get some sort of feel of what they would see on the other side of the swale. Got a copy of the Meehan's presentation to City Council so that we have a listing of the items that they would like to be addressed for peaceful coexistence. EXHIBIT B July 15, 2003 Proposal to Samantha Drive Representatives Buesing & Associates Inc. Consulting Engineers 1212 Locua St. Dubuque, lA 52001 (563) 556-4389 July 15, 2003 Pat & Susan Meehan 2465 Samantha Drive Dubuque, IA 52002 Re: Northwest Arterial Development Dear Pat & Susan: As a follow-up to the neighborhood meeting, Tim & I have sat down and tried to put in writing some of the key items that we had discussed. Our goal was put those items into a written proposal to you and your neighbors regarding the development. It is our understanding that the following items emerged from our discussions and we believe that these should be incorporated into our proposal: 1. Provide a minimum of a 50 feet wide earthen barrier adjacent to the Embassy West properties where no development would occur. This barrier is proposed to be the area where a grade change will occur between the Embassy West lot owners drainage way and the area where development will happen along both sides of Holliday Drive. This barrier will be graded such that it will slope at a rate of approximately three to one. It will be seeded in grasses and will have conifer (evergreen) trees and/or shubs planted in it. The plantings will not be in rows, but will be spaced out within the barrier to provide further visual separation between the lot owners and any development along Holliday Drive. An example of the type of barrier may be best seen by driving along Cora Drive behind the new Mercy Medical facilities. There are two substantial differences; a.) Cora Drive is located in what was originally the drainage swale. All of the homes are located directly adjacent to the swale. In our situation, the swale is between the rear of the home and the barrier providing a much greater feeling of isolation from the barrier and any subsequent development behind it and; b.) There are no conifer trees on the barrier, which would further minimize any view of any development behind Cora Drive. All drainage from rains and the resultant storm water in the entire development, not just the area proposed for rezoning will be directed down Holliday Drive and will not discharge into the drainage way behind the Embassy West lots. The discharge of the storm water will be onto the City owned property adjacent to and east of the Embassy West lots. Therefore, the amount of storm water discharging into this drainage way will not increase, but will decrease as the result of this development. The only area that will drain toward the Embassy West lots will be the runoff directly from the 50 foot plus wide barrier itself. There will be no pedestrian or vehicular access from Samantha Drive or the Embassy West lots to any part of the proposed commercial development, thus minimizing any contact between the adjacent properties. Any development within the lots along the west side of Holliday Drive will have seventy- two degree cut light fixtures. These lights focus the light down onto the commercial areas and minimize the amount of lighting that may spread beyond the Holliday Drive area. In return for agreeing to the above items, Tim would anticipate that the Embassy West lot owners will, after their review of these development restrictions on the adjoining property along Holtiday Drive, withdraw their objections to the proposed rezoning. This withdrawal would be completed by the signing and dating of a "Memo of Withdrawal". Should you have any questions regarding this letter, please feel free to call my office. Respectfully submitted, Kenneth L. Buesing, PE & LS Buesing & Associates, Inc. CC: Dr. Tim Quagliano Pat & Susan Meeehan Mark Lockwood Danette Putchio EXHIBIT C July 22, 2003 Concerned Neighbors Promoting Appropriate Development Response Concerned Neighbors Promoting Appropriate Development P.O. Box 3318 Dubuque, lA 52004-3318 July 22. 2003 Mr. Kenneth L. Buesing 1212 Locust Street Dubuque, IA 52001 Re: Northwest Arterial Development Mr. Buesing, As a neighborhood group, we are in receipt of your informational letter to Pat and Susan Meehan, Mark Lockwood and Danette Putchio. We will assume that your letter represents QHQ Properties in the City Council directed "negotiations" with the neighbors of QHQ Properties land adjoining the Northwest Arterial and Holliday Drive. We found your letter to be very informative relative to the current plans for barrier construction, drainage and lighting for the QHQ Properties. Based on the information that we have at this time, these are all items we expected to be in the original plans presented to the City Council earlier this year. Respectfully, we as a neighborhood group, in the spirit of cooperation would like to propose some additional plans and approaches to this property that will allow us to work with QHQ Properties. With the following measures in place, we as a group will support the reznning with QHQ before the City Council. As you know, prior to building or purchasing their homes, the families in this neighborhood expected to have residential neighbors. This expectation was set by builders, realtors, the Board of Realtors, the City's Comprehensive Plan and City Planning staff. With that in mind please review the following: In lieu of an all residential development of single family homes and townhomes, we the neighbors in the area surrounding the property in question would propose the following be written into your proposal to the City Council. This will also be entered into the record in order for any proposed zoning changes to be approved. These restrictions shall be binding on any future owners of this property. In order to protect and save the natural barrier of trees that exists between the neighbors' pmperties.,and ,QHQ's ~.r,operty, Q,H,Q .will co,.n~. ,t{'uct~a. new ~,~. ge ar.e.a on its own property ? me n. prm .aha .qasr o~me current ctramage oaten. ~ ms new ammage Oatch shall connect at me norm end to me existing coavert near Asbury Court Place and frill empty into the retention basin on the soutti end. The ditch shall be constructed per city engmeer plans for appropriate drainage Once the new drainage ditch is created, the soil taken from that will be used to create a new berm on the east edge of the new drainage ditch. Grass will be planted on this berm and it will be mowed regularly to keep a park like look and feel. On top of the berm, at 15-foot intervals, 15-20 foot tall pine trees will be planted to create an additional, year round, buffer between the neighbors and the QHQ properties. The first segment of land on the other side of the berm will be zoned and designated specifically for townhomes. Beyond the townhomes the property will be rezoned to C-1 with the following restrictions. a. No businesses that sell alcohol b. No businesses may stay open later than 9:00 pm and no business can receive deliveries or track traffic prior to 7:00 am c. All trash receptacles shall be kept in a decorated and fenced in enclosure d. No signs shall be permitted higher than 10 feet other than those signs directly on the Northwest e. All lighting must be directed in an easterly direction away from the residential areas. fQHQ is directly responsible for any violations of this agreement by its tenants, leaseholders or buyers. g. All violations will be resolved within 30 days of QHQ's receipt of written notice. We look forward to your positive response to our proposal. If you have any questions they can be addressed either through mail to the P.O. Box above or at the property walk- through on Friday, July 25, 2003 at 6:30 pm. For that walk-through, we have invited any and all interested neighbors as well as the members of the city council. As a neighborhood group concerned with our families and our community, we believe this proposal represents a reasonable compromise between these two parties. The proposal allows for the integrity and sanctity of the residential neighborhood while offering QHQ Properties with the opportunity for gaining a reasonable profit from the development of this land. Sincerely, Concerned Neighbors Promoting Appropriate Development cc: QHQ Properties EXHIBIT D July 26th Meeting w/all neighbors and any other interested parties Buesing & Associates Inc. Consulting Engineers 1212 Locust St. Dubuque, lA 52001 (563) 556-4389 Juiy 26, 2003 Mr. Tim Quagliano 2140 J.F. Kennedy Road Dubuque, lA 52002 Re: Northwest Arterial Development My notes from the discussions with the neighbors for last evening: Deb McDonough and I met at 6:30 Fdday eve with: Pat Meehan, Danette Putchio, Mark Lockwood, John Jungbluth, John's neighbor who lives at the comer of Red Violet and Twilight, A couple who had just moved into the neighborhood, and several other folks who's name we did not get dudng the introductions and further discussions. I explained that the purpose of the meeting per our original concept, prior to receiving the Concerned Neighbors Promoting Appropriate Development (CNPAD) letter was to review and detail our ideas of what was in our letter proposal to them. This proposal was the result of the face to face meeting between Tim and I and the Samantha Drive representatives on June 9th. We started the discussions and spent time explaining how the 3 to 1 sloped grassy barder would fit adjacent to the drainage way behind the houses. I offered to walk up the side of the existing hill and define how wide the 50 feet was. A question regarding the difference between Cora Ddve and here was raised regarding the relative elevation of the houses versus the barrier. I agree that there are places along Samantha Ddve where the houses sit up higher than they do along Cora Ddve in relation to the Medical Associates. We also had discussions about the drainage direction as we had proposed. I think it was further clarified. There was a question about what would happen to the earthen berm along the Northwest Arterial adjacent to the QHQ property. I indicated that I did not know for sure, but some parts of it and maybe all of it would be lowered. One neighbor indicated that even seeing Aldi's from somewhere in or on the deck of his house was a problem. There was also discussions that trees were promised along the far side of the drainage way with the Aldi's development. I indicated that I knew about the ones near the Asbury folks, but was unaware of any on the east side of the swale adjacent to the ditch. A Sunnyslope neighbor indicated that there was no trust between him and the developer. There was further discussions about the history of any access road through the site from Red Violet for either cars or pedestrians. I indicated again that there was absolutely no way there could be any access since Tim Quagliano no longer had control of any of the property that adjoined Samantha Drive and that there were no existing easement access for either cars or pedestrians. Mark indicated that he was glad to have received the information that we promised to him from the first meeting, but that he expected to see a map of the site showing the general location of the top of the berm. I indicated that I did not remember promising that to him from the previous meeting, but would review with Tim the possibility of providing some kind of a rough drawing. Near Meehan's home at the north end, I indicated that the portion of the drainage way that was still on QHQ property had to remain asis under any development concept that I could fathom and that it also seemed reasonable that these trees stay also. There was talk about the drainage-way and how Ken Moore was going to finalize the Embassy West # 3 development. I indicated that I thought that Ken had submitted a letter to the City requesting that the subdivision be approved in its final form and that there had been no response from the City. My further research showed that we had prepared a letter last spring for Ken to submit to the City to finalize the subdivision. I talked about the length of the grass that I expected to see on the barrier. It was not going to be blue grass, but something taller that would do a much better job of soaking in and controlling rainwater than a mowed 2 inch long bluegrass. One of the neighbors talked about the fact that she could now see cars over the trees from her house. Does this mean that she would not be totally protected by the barrier and/or it's rows of trees. I indicated to her that if she could see cars now, she would most likely be able to see those same cars in the future when the development was completed. Reviewed the location of the Embassy West Subdivision in relation to the City property between them and the QHQ property. Other than at the very north end, the ditch is owned by either the Samantha Drive property owners orthe City. QHQ owns none of it and therefore doesn't have a final say in those trees. I indicated however that we, with Ken Moore had fought long and hard to keep them through the development of Samantha Drive subdivision. There was discussions about the City's reworking of the storm water detention facilities to the south of the development and the fact that this took all of the trees to the south. Could the City do the same thing on their property between the neighbors and QHQ? I said that technically, yes they could, but since that project was now completed and they hadn't taken any of those trees then, I would not expect them to take any more in the near future. But no promises here, since they are not ours. John Jungbluth indicated that he would not be happy with any solution that did not completely assure him that the City would not take the trees. Dannette indicated that noise is a major concern, thus the criteria in their CNPAN letter is the only way to address that item. John Jungbluth asked if we would consider another drainage way. I answered simply "no". We then got into a discussion about negotiations, but my answer was still "no". There was some discussions about the possible location of detention basins, and having one higher up on the hill the last time. I indicated that I didn't know for sure, but barring other items of concern, we would normally try to locate them near the lowest portion of the development where water would typically discharge. There was discussions that the two complete sides need to get together and that now it seems that one side won't sit down with the group meaning Tim. It was also indicated that there were other issues that need to be addressed. I explained that in the CNPAN letter, there were some items that no commemial tenant would accept such as a ten foot tall sign limit or no alcohol sales at all. In closing, it was defined to me that there were some items that the some neighbors felt that they absolutely had to have: A barrier that was really a barrier Trees, not just little guys Control on noise, smells, and use of property on the other side of the drainage way. Control of the lights I indicated that to get through all of these issues, (and some other ones in the letter that did not even come up in these discussions) that these negotiations could easily go way way past August 4th. They agreed. I said that I would take their concerns and review with Tim and he would decide how to proceed. Further talk ensued about his non-presence and my further talk ensued about his willingness to negotiate with the Samantha Ddve people, but not with everyone nor the City Council at such a forum as this. Group indicated that further negotiations would have to be with everyone, not just Samantha Drive folks. Meeting broke up at about 8:30 pm. Page 1 of 2 Jeanne Schneider From: To: Sent: Subject: "Lockwood, MaE' <MDLOCKVVOOD@BamsteadThermolyne. com> <rbuoll@mchsLcom>; <aeml0@mchsi.com>; <danielenicholson@mchsi.com>; <jmarkham~comerenergy.com>; <jconnors63@mchsLcom>; <patdciacline@mchsLcem>; <jschneid@cityofd ubuque.org>; <ctymgr@cityofdu buque.org> Tuesday, July 29, 2003 1:37 PM QHQ Property Rezoning Request: Update Eom Neighborhood Meeting Re: QHQ Property Rezoning Request: Update from Neighborhood Meeting. Dear Council Members We were asked by council members for an update of our neighborhood meeting with QHQ in regards to their rezoning request to C3. We apologize for the short notice of last Friday's meeting and thank you for consideration to attend. The meeting was well attended by the neighborhood. Mr. Buesing represented QHQ with his office manager who took notes. Dr. Quagliano decided not to attend citing a personal conflict with one of the neighbors. Dr Q~agliano had told the neighborhood representatives that he may not attend if this person was allowed to participate. The neighborhood investigated the issue, found little basis and concluded that anyone effected by the rezoning has the basic right to participate in a civil roanner. We offered to mitigate the personal conflict between the parties. The person involved also made calls to Dr. Quagliano in attempts to resolve the issue, since he is not even sure what the personal issue is. The calls were not returned. Unfortunately, this resulted with no QHQ owner available to explain - negotiate expectations for the rezoning. Mr. Buesing did his best to speak for his understanding of the intentions of QHQ. The meeting started with Mr. Buesing announcing that Dr. Quagliano would not be attending and that he was recording the meeting on a tape recorder. We decided that the vegetation was too tall to find lot markers. The markers would have been used to determine the 50 foot buffer for drainage slope. We kept to the sidewalk and continued down Samantha Dr. We pointed out our concerns about visibility from the street, decks and hack yards especially as we got to the high ground of Samantha Dr pointing out that Twilight was higher yet. We voiced concerns over noise pollution from businesses and late night business delivery tracks. It was then pointed out that thc burm along NW Arterial, which blocks traffic noise, was planned to be removed. The neighborhood would be exposed to more traffic noise. We also were to discuss the limits proposed by QHQ on the C3 business, bm none have been received to discuss. The more issues that came up, the neighborhood became more frustrated since there were no QHQ owners there to explain their intent. To conclude the meeting we voiced our concern that the council meeting was just over a week away, yet we had felt like there had been very little 7/29/2003 Page 2 of 2 progress on negotiations. Mr. Buesing offered to move the rezoning to the follov~g council meeting. This would give us time to meet again. By the time we concluded, the neighborhood was concerned with more issues than when we started. We look forward to meeting with QHQ owners to develop a resolution as time is drawing short. Again. thank you for your time and protection of our neighborhood, Concerned Neighbors Promoting Appropriate Development 7/29/2003 Prepared by: Laura Carstens, City Planner Address: 50 W, 13th St., City Hall Telephone: 589-4210 ORDINANCE NO. -03 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT THE SOUTH END OF HOLLIDAY DRIVE, WEST OF THE NORTHWEST ARTERIAL FROM AG AGRICULTURAL DISTRICT TO C-3 GENERAL COMMERCIAL DISTRICT, WITH CONDITIONS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter-described property from AG Agricultural Distdct to C-3 General Commercial District, with conditions, to wit: Lot B and Lot 2 of 2 of the SE % of the NE ¼ Section 20 T89N, R2E, and to the centedine of the adjoining public right-of-way, all in the City of Dubuque, Iowa Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this day of 2003. Attest: Terrance M. Duggan, Mayor Jeanne F. Schneider, City Clerk MEMORANDUM OF AGREEMENT Pursuant to the Iowa Code Section 414.5 (2001), and as an express condition of rezoning of the property described as: Lot B and Lot 2 of 2 of the SE ¼ of the NE ¼ Section 20, T89N, R2E, and to the center line of the adjoining public right- of-way, all in the City of Dubuque, Iowa. which is the subject of Ordinance No. -03 a copy of which is attached hereto and incorporated herein by reference, the undersigned property owners, agree to the following conditions, all of which the property owner further agrees are reasonable and are imposed to satisfy public needs which are caused directly by the rezoning: A) Conditions: 1) That the north right-in/right-out access shall be installed concurrently with the extension of Holliday Drive; and 2) That the southern access shall be installed when Plastic Center, Inc. constructs the signalized intersection located approximately 2,000 feet south of the Asbury Road and Northwest Arterial intersection. B) Reclassification Of the Subject Property. The City of Dubuque= Iowa may initiate zoning reclassification proceedings to the AG Agricultural Distdct (which rezoning will include the removal of the performance standards in Section A above) if the property owner fails to complete any of the conditions or provisions of this Agreement. c) Modifications. Any modifications of this Agreement shall be considered a zoning reclassification and shall be subject to the provisions of the Zoning Ordinance governing zoning reclassifications. All such modifications must be approved by the City Council of Dubuque, Iowa. D) Recordin,q. A copy of this Agreement shall be recorded with the Dubuque County Recorder as a permanent record of the conditions accepted as part of this rezoning approval within thi~y (30) days of the adoption of Ordinance No. -03. E) Construction. This Agreement shall be construed and interpreted as though it were part of Appendix A of the Code of Ordinances of the City of Dubuque, also known as the Zoning Ordinance of the City of Dubuque, Iowa. F) This Agreement shall be binding upon the undersigned and his/her heirs, successor and assignees. ACCEPTANCE OF ORDINANCE NO, -03 I, Tim Quagliano, representing QHQ Properties, having read the terms and conditions of the Resolution No. -03 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this day of 2003. By Tim Quagliano We the undersigned, object to the rezoning of the prOperty soUth of Holiday Drive and west of the Northwest Arteri~tJ. We are requesting that the Zoning Adwsory Commission ~I~d{e ~quest to rezone the property from AG Agricultural District to C-3 General Commercial zoning district. NAME ADDRESS City of Dubuque City Council City Hall 50 W. 13t~ Street Dubuque, IA 52001 May27,2003 Dear City Council Members, We would like to express our grave concern about the possibility that the area directly bordering our home is being considered for rezoning by the City of Dubuque. While economic growth and development is someth/ng that we generally support, we do not support it when its location is directly attached to existing family neighborhoods. We purchased our new home on Samantha Drive with the understanding that the area adjacent and across from our lot was zoned as agricultural with the only possibility of it being changed to residential lots for single homes or condominiums. Our realtor assured us of this land's intent. We loved the serenity and privacy that Samantha Drive allowed us, and this was by far the biggest factor in our purchase of this home. If the existing open land is rezoned to residential, the people interested in developing those lots would be given a choice whether to build their homes next to United Rentals and Aldi Grocery Store. Their land value would be determined with the adjacent commercial development in consideration. Our property was purchased and assessed based upon the neighboring residential neighborhoods only, and I feel we would be gravely cheated if our land values would fluctuate now after we have already entered into our mortgages. Our covenant agreement does state that we will not oppose any rezoning of the adjacent land. I guess we should have seen through that clause and realized the intended propose that this clause possesses for the resale of this land. Ironically, with the topic of violation of our covenant, Ken Moore the developer of our subdivision is most largely at fault. He has violated his own directive for project completion within one year. He has a foundation on Twilight Drive that has sat vacant for three years and is a huge safety issue as a large gaping cement hole. All yard landscaping and finishing is to be completed immediately after the completion of a home. There are houses still in our subdivision that Ken Moore has yet to finish the yard, and families that have hired other landscape companies to finish due to the complications with Ken Moore. All creek areas are to be free of debris and rubble. Yet, Ken Moore has yet to clean out the brush that he bulldozed into the creek adjacent to our house, even though our purchase agreement with the Dubuque Board of Realtors stated that he must complete this task. Our daughter is three years old and we hope to have more children some day. Our neighborhood is a beautiful area with privacy and peacefulness that is beyond compare to other neighborhoods. We had a choice in purchasing this land knowing the existing zoning regulations and conditions. Should the City Council decide to change this area, it would be a great disservice to the children in our neighborhood who would no longer be able to ride their bikes and tricycles on our street. Heavy truck traffic and direct access entries to the Northwest Arterial would violate our trust in Dubuque and our rights by not allowing us the choice to determine what types of neighborhoods we purchased our home in. Our neighborhood is deeply upset by this proposition and we are pleading that it stay an agricultural area, with the possibility of changing only to residential development in the furore. Please consider our pleas for assistance in this. We are not trying to be tmreasonable in our requests. We want the land to be rezoned for only residential purposes due to the fact that the adjacent land being R4 is why we purchased our homes in this neighborhood. Please do not rob us of the value of our homes and our quiet nights without semi deliveries at all hours. There are plenty of commercial land development oppommities north of Asbury Plaza. As the pictures enclosed clearly demonstrate, a sufficient barrier is not present and there are gaping holes in the buffer zone. We would be looking constantly at commercial properties which was not our intention when we purchased our home. Sincerely, Susan and Patrick Meehan 2465 Samantha Drive Dubuque, IA 52002 Page 1 of 1 Jeanne Schneider From: To: Sent: Subject: <Jmjungbluth@aol.com> <jschneid@cityofd ubuque.org> Wednesday, May 28, 2003 1:45 PM Rezoning of land west of NW Arterial and south of Asbury Road Dear Mr. Duggan: I am writing to express my complete disappreval for rezoning the preperty south of Aldi/Jiffy Lube and west of the Arterial to commercial. As a preperty owner close to that area, there are many concerns I have. 1. We moved to Dubuque from Minneapolis 6 years ago. Before we built our house we took the time to look at the overell comprehensive plan for the City of Dubuque. Since this land was and still is planned for residential only, we were very comfortable building our home on Twilight Drive. I realize the plan is not "set in stone", but it is the ONLY document we had to go by. If I knew this area would have been strongly considered for commercial use, I would have built my house in Asbury. There are not a lot of locations available to build on the west side of Dubuque, and we really wanted to live in this area. 2. We have only one major asset and it is our home. I believe the value of our home will drop considerably if commercial is built so close by. 3. Traffic in this area has already become an issue with the new power canter. When I was out yesterday, the line of traffic from the light at the arterial wes almost backed up to the new light by Hardees. This will only gat a lot worse with extra commercial traffic. 4. There is almost no barrier between the houses that currently exist and the proposed rezoned site. There is a very smell group of"scrap" trees (box elders, etc.) and plenty of areas that have no trees at all. I believe there are still drainage issues to be worked out in that area and that may require what little trees that are there to be taken down. There is plenty of other land available for commercial development I'm sure QHQ properties has been soliciting business and will say he has potential buyers but the fact is that these businesses could easily be located in areas that are already planned commercial. If QHQ had reviewed the comprehensive plan wt~en they purchased the property, just like we did, they would know that this land was planned for residential development and not commercial. He has also indicated that he feels people won't be willing to build their homes close to the Arterial but that concern is not valid and has been proven wrong based on the number of houses near the Arterial just south of this area. t would appreciate it if you would consider what this kind of change would do to the many property owners who live in this area. We were willing to build our homes in good faith, based on the overall city plan. If you are voting on this issue, I strongly feel you should vote no to the rezoning of this area as commercial. Thank you for your time, Sincerely, Mary Jungbluth 4911 Twilight Drive, Dubuque 5/28/2003 Buesins; & Associates Inc. Consulting Engineers 1212 Locust St. Dubuque, lA 52001 (563) 556-4389 May 12, 2003 Jeanne Schneider, Clerk City of Dubuque 50 W 13th Street Dubuque, IA 52001 Re: Re-Zoning Request of QHQ Development Dear Jeanne: On behalf of QHQ Properties and myself, we are asking for your approval to table our rezoning item that is currently scheduled for the May 19, 2003 City Council meeting. Due to a conflict in our schedules, we would not be able to attend this meeting date. We would like to re-schedule our rezoning issue to the June 2nd meeting. If you would like to discuss this matter further, please feel free to call our office. Respe. ctfully submitted, Kenneth L. Buesing, PE & LS Buesing & Associates, Inc. ACCEPTANCE OF ORDINANCE NO. -O3 I, Tim Quagliano, representing QHQ Properties, having read the terms and conditions of the Resolution No. -03 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this //'// day of ~. 2003. By Tim Q~Ygli~o Planning Se~ices Departmer~ City Hall 50 West 13ffi Street Dubuque, Iowa 52001-4864 (563) 5894210 office (563) 5894221 fax planning~dtyofdubuque.org May 12, 2003 The Honorable Mayor and City Council Members City of Dubuque City Hall - 50 W. 13th Street Dubuque IA 52001 RE: Rezoning Applicant: QHQ Properties (tabled) Location: South of Holliday Drive, west of the Northwest Arterial Descdption: To rezone property from AG Agricultural District to C-3 General Commercial zoning district. Dear Mayor and City Council Members: The City of Dubuque Zoning Advisory Commission has reviewed the above-cited request. The application, staff report and related materials are attached for your review. Discussion The request original!~/was scheduled for a public hearing on April 2nd. The request was tabled to May 7"' to allow for additional notification of property owners along Samantha Drive. Ken Buesing, representing the applicant, spoke in favor of the request, reviewing the site impact traffic study, existing layout of the property, proposed accesses to the Northwest Arterial, and extension of Holliday Drive. Staff reviewed surrounding zoning and land use, the comprehensive plan designation for the subject property, the history of the rezoning request for the subject parcel, and their analysis of the traffic study. There were several public comments in opposition to the proposed commercial zoning. Speakers expressed concem regarding impact on property values, increases in traffic, and inconsistency with the Comprehensive Plan. Correspondence in support and in opposition was received, including a petition. The Zoning Advisory Commission discussed the request, reviewing the location of adjacent single-family homes, anticipated impact of the development on the surrounding street system, and location of proposed street accesses. QHQ Rezoning May 12, 2003 Page 2 Recommendation By a vote of 6 to 0, the Zoning Advisory Commission recommends that the City Council approve the request with the conditions: (1) That the north right-in/right-out access shall be installed concurrently with the extension of Holliday Ddve; and (2) That the southern access shall be installed when Plastic Center, Inc. constructs their signalized intersection approximately 2,000 feet south of the Asbury Road and Northwest Artedal intersection. Written opposition by property owners within 200 feet of the area proposed for rezoning is 23.25%. Opposition greater than 20% requires a three-fourths super majority vote by the City Council to approve the request. A simple majority vote is needed for the City Council to deny the request. Respectfully submitted, Eugene Bird, Jr., Chairperson Zoning Advisory Commission Attachments cc: Mike Koch, Public Works Director EARLY SPRING PHOTO NAY 6TH PHOTO EARLY SPRING PHOTO NAY 6TH PHOTO NAY 6THPHOTO EARLY SPRING PHOTO MAY 6THpHOTO EARLY SPRING PHOTO O~of Dubuque Planning SewicesDepa~ment Dubuque, IA 52001-4864 Phone: 563-589-4210 Fax: 563-589-4221 PLANNING APPLICATION FORM [] Variance [] Conditional Use Pen'nit F-IAppeal [] Special Exception [] Limited Setback Waiver ~Rezoning [] Planned District [] Preliminary Plat [] Minor Final Plat []Text Amendment [] Simple Site Plan [] Minor Site Plan [] Major Site Plan [] Major Final Plat [] Simple Subdivision [] Annexation [~Temporary Use Permit [] Certificate of Economic Non-Viability [] Certificate of Appropriateness [] Other: Please type or print leqibly in ink Property owner(s): ~ Pl'op~ies Address: 3~30 Bodcje Sl2i"~ L~it ~6 City: Fax Number: ~-~936 Applicant/Agent: Til, ~gagl ~arlo Address: 1500 I)~lh~ St~ Suite 2200 Fax Number: ~o3-557-5936 city: Dubuque Mobile/Cellular Number: Phone: 56.3-~0-5708 Dubuc/ae State: Io~t Zip: 52003 Mobile/Cellular Number: 563-599-40.39 Phone:563-557-5930 State: Io~i~ Site location/address: South of ItDlliday Drive, W~st of NW Arterial Existing zoning: AG Proposed zoning: C-3 Historic District: Landmark: Leqal Description (Sidwell parcel ID# or lot number/block number/subdivision): LOI~_ _~.~A LOt 2 of 4 of I~lliday/~lclition & Lot 2 of 2 of the SE 1/4 of the I~ 1/4, Sec. 20, ll~, ~ Total property (lot) area (square feet or acres): 25.3 Describe proposal and reason necessary (attach a letter of explanation, if needed): See attadled Exh~b-it A CERTIFICATION: I/we, the undersigned, do hereby ceKci~ that: 1. The information submitted herein is true and correct to the best of my/our knowledge ano 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,cant/Agent: Date: Date: ~ t~, ~-.~ Fee:~'~~ Received by: ~ZI~ Date: '/~/~' Docket: ~Site/sketch plan ~ ConceptUal Devel~ent Plan ~Photo ~Plat Improvement plans ~ Design review proje~ description ~Floor plan ~her: EXHIBIT A Applicant is requesting a rezomng of Lot B & Lot 2 of 4 of Holliday Addition & Lot 2 of 2 of the SE ¼ of the NE ¼ Sec. 20, T89N, R2E as necessary to continue with the commercial development along and adjacent to the NW Arterial. Applicant envisions access onto the NW Arterial to accommodate traffic requirements. Applicant has been contacted on numerous occasions by smaller and medium sized businesses within the C-3 zoning classification with an interest in locating their operations onto this site. This request and associated documents have been prepared in response to this. I).A.$,I § Proposed Area to be Rezoned Applicant: QHQ Properties Location: South of Holliday Drive, west of the Northwest Arterial Description: To rezone property from AG Agricultural District to C-3 General Commercial zoning district. I Proposed Area to be Rezoned QHQ PROPERTIES .NV/' ARTERE~L and ASBUq~Y ROAD DUBUQUE, IOWA SITE IMPACT TRAFFIC STUDY April 22, 2003 PRINTED APR ~ 3 ZOO3 YAGGY COLBY ASSOCIATES Prepared for: Dr. Tim Quagliano QHQ Properties 2140 JF Kennedy Road Dubuque, Iowa 52002 Prepared by: Jeffrey C. Rhoda, P.E. Yaggy Colby Associates 215 N. Adams Mason City, Iowa 50401 641/424-6344 LNTRODUCTION The QHQ development is a multi-use land development proposed at the southwest comer of the intersection of the NW Arterial and Asbury Road in Dubuque, Iowa. The proposed development includes commercial/retail and office/business development. A copy of the proposed development concept plan is included in the appendix. Access to the proposed developmem is provided through the existing Holliday Drive off of Asbury Road from the north. Access to the property from the east is provided by two entrances offthe NW Arterial. The fist entrance is 1,100 feet south of the Asbury Road intersection and is a proposed right-in/right-om only entrance. The second entrance is another 1,000 feet south, opposing the approved full access intersection for the Plastic Center development. This entrance will also operate as a right-in/right-out access until development on the east side of the iNW¢ Arterial warrants the construction of a fuI1 entrance. The area bordering the proposed development to the southwest is single family residential. The area immediately north of the development area is commercial development, including an Aldi's Grocery Store, United Rental, Jiffy Lube, a car wash, and other small buisness offices. The area north of the proposed development across Asbury Road, known as Asbury Plaza, is currently experiencing additional growth of the existing commercial and retail area. EXISTING CONDITIONS The NW Arterial and Asbury Road both serve as arterial roadways for the northwest section of Dubuque. The NW Arterial is a divided four-lane roadway and provides for left-mm lanes a~ the Asbury Road intersection. A northbound right-mm lane is also provided. Asbury Road is a two lane roadway and provides left-mm lanes for the east approach to the NW Arterial intersection. The west approach of Asbury Road to the NW Arterial intersection is a four-lane undivided roadway with left-mm lanes that transitions the outside through lane to a right-mm lane. Traffic control at the NW Arterial and Asbury Road intersection is provided by a fully- actuated, eight-phase traffic signal with pedestrian phases provided. Iowa Department of Transportation Average Annual Daily Traffic (AADT) volumes on the NW Arterial in 2001 were 11,600 vpd south of Asbury Road and 8,I00 vpd north. The A. ADT for Asbury Road in 2001 was 11,600 vpd east of the NW Arterial and 15,400 vpd west. A comparison of the i997 AADT volumes for the NW Arterial and Asbury Road intersection indicate strong growth for the traffic volumes. The north approach to the NW Arterial and Asbury Road intersect-ion experienced an average 10% per year increase in volumes. The south approach experienced an average 12% per year increase, the east Page 1 approach an average 10% per year increase, and the west approach an average 25% per year increase. The traffic volumes utilized 'for analysis in this study were based on the PM Peak Hour provided in the April 24, 2002, Snyder & Associates, Inc Traffic Study Update of the Asbury Plaza development. The volumes utilized for analysis were from the Snyder report for the Phase 1 opening day estimates. A diagram illustrating the estimated volumes fi.om the Snyder report is provided in the appendix. Capacity analysis of the NW Arterial and Asbury Road intersection as wetl as the Asbury Road and Holliday Dr. (SE Entrance - Asbury Plaza) intersection was conducted in the Synder report for the Phase 1 opening day conditions. Results of the capacity analysis indicated NW Arterial intersection is performing at an acceptable Level-of-Service (LOS) C operation under the Phase 1 traffic estimates. The results of the Holliday Dr. (SE Entrance - Asbury Plaza) intersection analysis indicated the operation of the intersection with stop control on the side streets provided an unacceptable operation for movements exiting the Asbury Plaza site. The report recommended the installation of a traffic signal at the Hotliday Dr. intersection. The analysis of the impact from the QHQ Properties development assumes the traffic signal at the intersection of Asbury Road and the Holliday Dr. intersection will be installed as a part of that project. TRIP GENERATION The proposed QHQ development is comprised of two main land uses: Commercial/Retail and Office/Business. Determination of the estimated trips generated by the proposed development were developed utilizing information provided in the Institute of Transportation Engineers Trip Generation manual, 6m Edition. Adjustments to the estimated trips were made for pass-by and internal attraction based on information provided in the Institute of Transportation Engineers Trip Generation Handbook. The results of the trip generation determination are summarized in the Trip Generation Estimates table in the appendix. Distribution of the estimated trips throughout the adjacent roadway network was estimated based on the patterns of the existing traffic volumes and assumptions relating to the interaction of the new development with existing developments.' Distribution of the generated traffic is illustrated in the Development Trips Generated diagram in the appendix. Based on this assumed distribution the generated traffic was added to the existing volumes from the Snyder report and adjusted for pass-by traffic. The estimated turning movement volumes at each entrance and intersection are illustrated in the Existing + QHQ Development diagram in the appendix. Page 2 CAPACITY ANALYSIS Based on the estimated mining movements (Existing + QHQ) capacity analysis evaluations was conducted at the following intersections: · Asbury Road and NW Arterial - Signalized · Asbury Road and Holiday Dr. (SE Ent. - Asbury Plaza) - Signalized · North Drive (QHQ Properties) and NW Arterial - Unsignalize~t RI/RO · South Drive (QHQ Properties) and NW Arterial - Unsignalized RI/RO The results indicate the Asbury Road intersection with Holliday Dr. operates at acceptable Level-of-Service (LOS) B. However, queue lengths for the EB Left, NB Lt./Thru/Rt., and the SB Thru/Lt. exhibit lengths that are beyond the storage capacity of the lanes. The queue lengths for the north-south approaches on Holliday Dr. will simply extend into the development sites. The queue length for the eastbound left mm lane wiI1 either spill out into the thru lane or begin to block the usage of the westbound left mm lane for the next entrances to the west. The NrW Arterial inter§ection will perform at an acceptable LOS for the overall intersection. The EB Left, WB Thru, NB Left, and SB Thru/Rt. exhibiting LOS D operations. These movements also exhibit queue length estimates that could extend beyond the capacity of the lanes. The North Dr. and South Dr. intersections with the NW Arterial (fight/in - right/out) operate at an acceptable LOS. IMPROVEMENT ALTERNATIVES The LOS results indicate the Holiday Dr. and NW Arterial intersections with Asbury Road operateat a generally acceptable LOS. In order to eliminate the LOS D and long queue operations a couple improvements could be made. Improving the operation of the Holliday Dr. and NW Arterial intersections with Asbury Road is accomplished through the reconfiguration and/or the addition of extra approach lanes. The north and south approaches to the Asbury Road and Holliday Drive intersection would be w/dened or reconfigured to accommodate dedicated left rum lanes. The thru and right mm movements can operated together in a single lane. The intersection of Asbury Road and the NW Arterial would include widening to create a dual leg-mm lane for the northbound lefts. The east approach would be widened to proyide a dedicated westbound right mm lane. These proposed improvements would allow all the intersection movements to operate m LOS C or better and maintain queue len~ within or very close to the provided storage Ien,~hs. Page 3 The need for these improvements is created by the short-term restrictions on the NW Arterial with the right-in/right-out entrances for both the North Drive and South Drive entrances. The future construction of a full, signalized intersection at the South Drive location in conjunction with the Plastic Center development will pro~Sde a much needed second access point for the site traffic. FORECAST TRAFFIC The forecast year 2025 was evaluated based on the traffic volumes in the April 24, 2002, Snyder & Associates, [nc Traffic Study Update of the Asbury Plaza development. In addition, the estimated traffic generated bythe proposed Plastic Center development was also/ncluded in the forecast estimate. A 2025 traffic volume diangram Capacity analysis evaluations were conducted under the assumption the South Entrance access on the NW Arterial would be a full intersection with a traffic signal. The lane configurations for this intersection would provide dedicated left turn lanes for all approaches. The lane configurations for the Asbury Road and Holliday Dr. intersection follow those proposed in the Improvement Alternatives section. The results of the capacity analysis indicated the intersections would generally operate at acceptable LOS. The Asbury Road and Holliday Dr. intersection and the NW Arterial and South Entrance intersection exhibit LOS C or better operation and queue lengths within the provided storage for all movements. The Asbury Road and l',rW Arterial intersection required several lane additions to provide an acceptable overall LOS operation. Dual left turn lanes, dedicated right mm lanes, and two thru lanes are needed on alt approaches to exhibit an overall intersection operation of LOS C. However, some of the movements still extfibit LOS D operation with queue lengths that exceed the lane capacities. CONCLUSION The proposed QHQ develbpment traffic, with restrictions from the fight-in/right-out movements on the NW Arterial for the near future, will not produce significantly negative impacts to the existing roadway system. Minor lane. confignration improvements as described in the Improvement Alternatives section could provide improved operations for the short-term as well as the long-range 2025 traffic projections at the Asbury Road and Holliday Dr. intersection. The future creation of a full, signalized intersection at the South Entrance in conjunction with the Plastic Center development is needed to maintain efficient and safe traffic operations while providing a second access point for the QHQ development. The forecast year 2025 traffic estimates will require significant upgrades in lane configurations for the NV/Arterial and Asbury Road intersection to accommodate the system demands. Page 4 I I I I I I I I I LnT ~ PROPOSED C-3 GENERAL LOT 10 LOT 9 o.9~ Ac CONCEPTUAL/ZONING PLAN LOT B & LOT 2 OF 4 OF HOLI.mAY ADDITION AND LOT 2 OF ~ OF THE SE ~/~ OF THE NE ~/4 SEC. 20 T89N, R2E TOTAL AREA = 2~.3ACtiES +/-- PROP~DSED RIGHT INXRIGHT OUT IN~ER~ECTIDN co~xz~ci~. 1100! FEET FROM AS])URY ROAD APPROVED RIGHT IN/ RIGHT II%IT PROPD~F-~ LnT LINE LEGENII__ EXISTING PPJ]PERTY LIN£1 EXISTING CONTOUR ~ EXISTING TREELIN£ CDNNECTION TD APRDVED EULL INTERSECTION FOR PLASTIC CENTER 1 PROJECT IJ]CATIDN LOCATION MAP I~UESIN~ & A,~SDCIATES REZONING STAFF REPORT Zoning Agenda: April 2, 2003 Property Address: Property Owner: Applicant: Property south of Holliday Drive, west of the Northwest Arterial QHQ Properties Tim Quagliano Proposed Land Use: Commercial Proposed Zoning: C-3 Existing Land Use: Vacant Existing Zoning: AG Adjacent Land Use: North - Commercial East - Commercial South - Residential/detention basin West - Residential Adjacent Zoning: North - PC East - PC South - R-1 West- R-1 Former Zoning: 1934 - County; 1975 - County; 1985 - AG Total Area: 25.3 acres Property History: The subject property was proposed for rezoning to PUD Planned Unit Development with a PC Planned Commercial District designation in January 1999. The Zoning Advisory Commission recommended approval of the request with several conditions. The City Council denied the request. Subsequently, a new application was submitted and a reduced Planned Commercial District was approved by the City Council in March 1999 on the north portion of the parcel. Physical Characteristics: The subject property generally drains to the southeast to an area currently owned by the City of Dubuque and is used as a regional storm water detention facility. The subject property has frontage along the Northwest Artedal (Highway 32) and abuts residential property on the west side. Concurrence with Comprehensive Plan: The subject property was designated for a mixture of commercial and multi-family residential development. Impact of Request on: Utilities: Existing City water and sewer utilities are adequate to serve the proposed development through extensions along Holliday Drive. Traffic Patterns/Counts: Hotliday Ddve is built to a collector street standard; however. there are no traffic counts available. The Northwest Arterial is classified as a major arterial and based on IDOT traffic counts taken in 2001, this section of the Northwest Arterial carries approximately 12,600 average daily trips. Asbury Road is classified as a minor artedal and cardes approximately 15,400 average daily trips. Public Services: Existing public services are adequate to serve the site. Environment: Staff does not anticipate any significant adverse impact to the environment provided adequate erosion control is provided during all phases of development of this property, and that adequate storm water control is provided. REZONING STAFF REPORT Page 2 Adjacent Properties: The proposed rezoning to commercial zoning will increase the volume of traffic in the immediate area and increase ambient light and noise levels. CIP Investments: None proposed. Staff Analysis: The requested rezoning is from AG Agricultural to C-3 General Commercial. The proposed development provides for the extension of Holliday Drive to terminate in a cul- de-sac with two proposed accesses to the Northwest Arterial. These two accesses coincide with previously approved accesses for the Plastic Center, Inc. project on the east side of the Northwest Arterial. The applicants have requested C-3 General Commercial zoning to allow for a wide range of business uses that would be a good fit with the contacts they are receiving from small and medium sized businesses interested in locating their operations to this site. The subject property is bordered on the north by planned commercial, to the east by planned commercial, to the south by residential and the City's regional storm water detention basin and to the west · by residential. The current Comprehensive Plan designates the QHQ Property for a mixture of commercial and multi-family residential. The Comprehensive Plan looked at the entire parcel from Asbury Road to the City's detention area as one parcel, and anticipated that the highway frontage would be most conducive to multi-family and commercial. The City of Dubuque water and sewer service are adequate to serve the site with the necessary extensions. Storm water control will be required as part of any new development of the property. Access to the area will be provided by an extension of Holliday Drive of approximately 1,400 feet resulting in a total length of Holliday Drive of approximately 2,400 feet. The applicants are proposing two accesses to the Northwest Arterial. The first access would be approximately 1,000 feet south of Asbury Road and is proposed as a right-in/right-out intersection. The second access is proposed as a full intersection approximately 2,000 feet south of Asbury Road. These two accesses coincide with previously approved accesses for Plastic Center, Inc. on the east side of the Northwest Artedat. Attached to this staff report is a memo from Public Works Director Mike Koch outlining Engineering staff's comments on the submitted traffic study and the impact of the proposed development on the surrounding street netwo~ Planning staff recommends that the Zoning Advisory Commission review Section 6-1.1 of the Zoning Ordinance that establishes criteria for reviewing rezoning requests. Prepared by: ~'~~ Reviewed: Date: CITY OF DUBUQUE, IOWA MEMORANDUM April 30, 2003 TO: FROM: SUBJECT: Kyle Kritz, Planning Services Michael A. Koch, Public Works Director~ QHQ Traffic Study This is a summary of the findings of the traffic study performed by Yaggy Colby Associates analyzing the effect of extending existing Holliday Drive and rezoning the additional property into a mixture of commercial/retail and office/business uses. Access to the development will be through the existing s~gnalized intersection of Holliday Drive and Asbury Road. Accesses are also planned onto the Northwest Arterial 1,100 feet south of Asbury Road and a second access 2,100 feet south of Asbury Road. The northerly connection to the Northwest Arterial will be a right-in/right-out only access. The southerly connection will initially operate as a right-in/right-out access, until an already approved traffic signal is constructed by the Plastic Center at some point in the future. This connection would then tie into the signalized intersection with full access in all directions. A diagram of the full build-out access plan is attached. The traffic study is divided into two parts: 1. Phase I analyzes the two proposed right-in/right-out connections; and 2. Phase II analyzes one right-in/right-out connection and one fully-signalized intersection. The proposed development is anticipated to generate 911 additional vehicle trips during the PM peak hour. Of these, 337 would be entering and 574 would be exiting the site. The following is a summary of the traffic impacts of this additional traffic at the various access points. Page 2 April 30, 2003 Holliday Drive and Asbury Road Intersection The existing signalized intersection at Holliday Drive currently operates at a Level of Service (LOS) "B". The additional traffic generated by the QHQ development would initially cause a slight increase of 1.3 seconds in the average delay per vehicle. This will not have a detrimental impact on the operational Level of Service at the intersection. In the Year 2025 projections, this intersection should still operate at a Level of Service "B". With the additional QHQ traffic, this is anticipated to drop, but only to a Level of Service "C" operation. Asbury Road and Northwest Arterial Intersection The traffic signals at Asbury Road and the Northwest Artedal currently operate at a Level of Service "C". With the full build-out of the QHQ development, this intersection is expected to drop to a Level of Service "D" operation, adding approximately 20 seconds of average delay time to entering vehicles. This increase in the average delay at the intersection is caused by the limited potential of the right-in/right-out access onto the Northwest Artedal to disperse the additional traffic over several access points. The future construction of a fully- signalized intersection at the south access to the Plastic Center development will make a significant improvement to this Level of Service. In the projected Year 2025, either with or without the QHQ development, dual left turns will be needed on ail four approaches to the intersection; and six lanes will be needed for the Northwest Arterial to maintain a Level of Service "C" operation. Without these improvements, the intersection is anticipated to fail during peak hour traffic and would operate at a Level of Service "F". (These findings are consistent with the traffic study performed for the Plastic Center development.) North Drive and Northwest Arterial Because access at this location will be limited to right-in/right-out, both the opening year and projected 2025 traffic with the QHQ development are anticipated to operate at a Level of Service "A". South Drive and Northwest Arterial Initially because the drive will be limited to right-in/right-out, it should operate at a Level of Service "A" with the QHQ development. Page 3 April 30, 2003 It is assumed for analysis considerations that this drive will be signalized by the Year 2025. This signalized drive is expected to operate a Level of Service "A" operation for projected Year 2025 without the QHQ traffic, and a Level of Service "B" operation with the additional QHQ traff~c. Conclusion The traffic analysis shows little effect on traffic delays with or without the QHQ development as currently planned except for the intersection of Asbury Road and the Northwest Arterial. Because of the limited potential use of the right-in/right- out, a significant amount of additional traffic would be fomed to utilize Holliday Drive, and therefore, the Asbury/Northwest Arterial intersection, causing this additional delay. The signalization of the south drive could mitigate some portion of the anticipated delay at the Asbury/Northwest Arterial intersection. The previously mentioned addition of two (2) lanes to the Northwest Arterial and the addition of dual left turns for all four approaches to the Northwest Arterial wil be needed by the Year 2025 with or without the QHQ development. MAKJvjd cc: David Ness, Civil Engineer Attach. QHQ Rezoning O ~roperty in Opposition 200' Radius Rezoning Boundary Property in Opposition 242O 2400 Property in Oppositior 2325 2245 2215 200 Feet April 24, 2003 Zoning Advisory Commission City Hall Dubuque, IA 52001 APl{ 2..(' 2O03 crlY OF DtJBLI~iJE R.ANNING SERVICES DEPARTMENT PUBLIC HEARING MAY 7,2003 QHQ PROPERTIES - WEST OF NORTHWEST ARTERIAL Dear mcmbem of the Zoning Advisory Commission: Let' s review thc intersection of Asbury Road and Northwest Arterial. NW This area is zoned commercial, partially developed with the potential for heavy commercial use. There is an access directly onto the Northwest Arterial with the future intention to install a traffic light on the arterial. ~ Presently AG, but close by is the Church of the Resurrection and its school. This has scheduled heavy traffic. SE City officials have designated this as heavy commercial with the promise of two accesses dkectly on the arterial. SW The prol~n~ adjacent to the comer roadways is already developed commercial with an extra traffic light on Asbury Road. This intersection is already a traffic nightmme! The city of Dubuque has zoned more than half of this intersection for commercial developers. I am happy for our retailers, but enough is enough. Pmdem and responsible zoning would zone the property at issue at this public hearing as residential, not more COmmercial. ff this property was residential it woald follow the residential zoning and development directly to the south and the west It would make for a nice complete area of homes. Residential zoning would be less vehicle traffic. Residential building lots within the city limits of Dubuque are This area cannot handle any more commercial development I live in the affected neighborhood, and if I didn't live here, I would still insist proper planning now is necessary to avoid major problems in the near future. Please deny the application to rezone the QHQ property as C-3 General Commercial Sincerely, 2310 High Cloud Dr. Dubuque, IA 52002 City of Dubuque Attention: Eugene Bird Zoning Advisory Commission City Hall 50 W. 13m Street Dubuque, IA 52001 APR - 1 2003 C['iY OF DUBUQUE _PLANNING SERVICES DEPARTMENT We would like to express our grave concern about the possibility that the area directly bordodng our home is being considered for rezordng by the City of Dubuque. While economic growth and development is something that we generally support, we do not support it when its location is directly attached to existing family neighborhoods. _ W_e purchased our new home on Samantha Drive with the understanding that the area adjacent and acroSs fr6m Our lot was zoned as agricultural with the only possibility of it being changed to residential lots for single homes or condominiums. Our realtor assured Us of this land's intent. We loved the serenity and privacy that Samantha Drive al/owed us, and this was by far the biggest factor in our purchase of this home. If the existing open land is rezoned to residential, the people interested in developing those lots would be given a choice whether to build their homes next to United Rentals and Aldi Grocery Store. Their land value would be determined with the adjacent commemial development in consideration. Our property was purchased and valued based upon the neighboring residential neighborhoods only, and I feel we would be gravely cheated if we were not given the opportunity to have our property assessed based upon the appropriate surrounding properties. It is my understanding that property owners with land that directly lies within 200 feet of the property in question for rezoning are to be notified via written communication prior to the vote about the proposition to change. I have personally never been provided with information about the possible change for the property in question from the city, nor have any of my neighbors on Samantha Drive, all with property also within 200 feet of the agriculturally zoned land. This is a violation of our rights as property owners and should automatically prevent a vote on this property due to inappropriate procedural methods in the arrangement of this vote for Wednesday, April 2. Our daughter is three years old and we hope to have more children some day. Our neighborhood is a beautiful area with privacy and peacefulness that is beyond compare to other neighborhoods. We had a choice-iwpurchasing this land knowing the existing zoning regulations and conditions. Should the City Council decide to change this area, it would be a great disservice to the children in our neighborhood who would no longer be able to ride their bikes -- and tricycles on our street. Heavy track traffic and direct access entries to the Northwest Arterial would violate our trust in Dubuque and our rights by not allowing us the choice to determine what types of neighborhoods we purchased our home in. Our neighborhood is deeply upset by this proposition and we are pleading that it stay an agricultural area, with the possibility of changing only to residential development in the future. Please consider our pleas for assistance in this. Sincerely, Susan and Patrick Meehan 2465 Samantha Drive Dubuque, IA 52002 We the undersigned, object to the rezoning of the property south of Holiday Drive and west of the Northwest Arterial. We are requesting that the Zoning Advisory Commission deny the request to rezone the property from AG Agricultural District to C-3 General Commercial zoning district. NAME ADDRESS ~.:; . 'x We the undersigned, object to the rezoning of the property south of Holiday Drive and west of the Northwest Arterial. We are requesting that the Zoning Advisory Commission deny the request to rezone the property from AG Agricultural District to C-3 General Commercial zoning district. ADDRESS /. d f. We the undersigned, object to the rezoning of the property south of Holiday Drive and west of the Northwest Arterial. We are requesting that the Zoning Advisory Commission deny the request to rezone the property l~om AG Agricultural District to C-3 General Commercial zoning district. ADDRESS MAY - 6 20o3 CITY OF DUBUQUE PIANNIN~ SERVICES DEPARTMENT.,, 107 E. 18th. St. Cedar Falls, IA. 50613 (319) 266-9999 March 20, 2003. To Whom It May Concern: My name is Salvatore Cracco and I own "Little Italy" an Italian restaurant in Cedar Falls, Iowa. LiMe Italy is an authentic full service Italian pizza, pasta and seafood restaurant. I have been in contact with QHQ Properties and am very interested in opening a restaurant on North West Arterial Dr. in Dubuque Iowa. Due to its location QHQ Properties' proposed site would be ideal for our type of operation. Therefore we are in favor of the rezoning of this land and look'forward to bringing Italian and Seafood to Dubuque. Thank you, Salvatore Cmcco President Little Italy Inc. Page 1 of 1 kyle kritz From: To: Sent: Subject: <Slccmall @aol.com> <kkrilz@cityofdubuque. org> Monday, May 05, 2003 7:08 PM QHQ Zoning Request for property on Holiday Street Dear Mr. KriMz: I would like ~3 express my suppOrt of QHQ'S zoning request I have been interested in that area of your city for as a potential location for one of my clients. I feel that the additional access to the arterial would be a big plus for the property. Sincerely yours: Medin Lawrence Vice President Dial Land Development M, AY -6 2003 . Oily OF DUBUQUE PLANNING SERVICES DEPARTMENT March 29, 2003 Zoning Advisory Commission c/o City Planning Services City Hall, 50 West 17 Street Dubuque, IA 52001 APF~ 7 2003, Gl"Pr' OF DUBUQUE PLANNING SERVICES DEPARTMENT Dear Commission Members, We are writing in support to C-3 zoning change from residential for a property currently held by QHQ Properties located West of the Northwest Arterial and South of Atdis and United Rental Center. The current adjoining commercial properties have been excellent neighbors and have shown only increased property value in our neighborhoods over the past few years. ~ - We would like to support the growth of a retail base in this area, We also fully support any potential job creations. Please let Dubuque grow. Thank you, Jennifer and Ronald Tigges Property owners at: 4927 Wild Flower Drive(1 block from Samantha Drive) Dubuque, IA 52002 March 27, 2003 MA'/ - 6 2003 ~L~ CITY OF DUBUQUE PLANNING SERVICES DEPARTMENT City Zoning Advisory Committee To Whom It May Concern: My name is Lawrence Hutchison. My wife and I and our two young children reside at 4942 Red Violet Drive on the west side of Dubuque. We recently received an informational letter fi:om one of our neighbors and we are expecting to receive a petition in regards to a parcel of property owned, I believe, by QHQ Properties, just east of our subdivision. This parcel of land is located directly south of Aldi'S, just offthe Northwest Arterial. Apparently there is a concern with some in the neighborhood that development of this land will he.detrimental to their property values and bothersome in other asundry ways. However, it is my contention and those of some of my other neighbors, who may not be quite as vocal as I, that development of this property is actually beneficial not only to our local community but to the community at large. I think Dubuque in general, as well as the neighboring township of Asbury would benefit dramatically fi:om further development of this area as well as the other area around Northwest Arterial and Asbury Road. A large concern, which of course we would share, is if a thomuglffare involving Red Violet or one of the other private streets through SunnySlope would be used to access that area or to connect Northwest Arterial to Red Violet Dr. Certainly if that were the case, I would be markedly concerned because of the danger to our small children. However, it appears the only reasonable access to that ~arca is directly offNorthwest Arterial or via the access road behind Aldi's. Given that commercial type access, I think requiring only residential housing there would he unreasonable. Further development of restaurants or businesses will bring more people, income and taxes into the community. Although one might like to look out their back window or offtheir back deck and see trees and grass and wide open spaces, one must defer to the common good. We would much rather see development of this area and thus concentrate on commercial development around the Northwest Arterial crossroads than see that -- development "spr~wl" further west. ..... ,~awren&/R. Hutchison, M.D. LR~I/jkd