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NW Art Access Harvest View EstMEMORANDUM TO: FROM: SUBJECT: October 1,2003 The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Temporary Access to the NorthWest Arterial from Harvest View Estates A request has been received from Martin J. McNamer of Harvest Development Group, LLC to construct a temporary access under the Northwest Arterial for the construction of an Assisted Living Project, located immediately south of the Northwest Arterial and north of Harvest View Estates. This temporary access will allow construction traffic to access the project via the Northwest Arterial, therefore, avoiding interference with the developed Harvest View Estates Subdivision. Public Works Director Mike Koch recommends City Council approval of a temporary access onto the Northwest Arterial from Harvest View Estates. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Miliigen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Michael A. Koch, Public Works Director CITY OF DUBUQUE, IOWA MEMORANDUM October 1, 2003 TO: FROM: SUBJECT: Michael C. Van Milligen, City Manager Michael A. Koch, Public Works Director Temporary Access to the Northwest Arterial from Harvest View Estates INTRODUCTION The following is in response to an August 27, 2003 request from Martin J. McNamer of Harvest Development Group, LLC to construct a temporary access under the Northwest Arterial for the construction of an Assisted Living Project, located immediately south of the Northwest Arterial and north of Harvest View Estates. DISCUSSION The access to the Assisted Living Project will be off of Matthew John Drive into the Harvest View Estates Subdivision which has several access intersections onto Asbury Road. Mr. McNamer, as the developer of the property, is requesting a temporary access during the construction of the project due to neighbors' concerns regarding construction traffic through the Harvest View Estates Subdivision. They are concerned with regard to safety and to possible damage to the newly-constructed City streets. A temporary access to the Northwest Arterial during the construction period of the Assisted Living Project would allow construction traffic to access the project via the Northwest Arterial, therefore, avoiding interference with the developed Harvest View Estates Subdivision. The temporary access would be located generally as shown on the attached exhibit at a point to be determined by field location, and would be limited to a period of one year. Section 41-34 of the Code of Ordinances for the City of Dubuque requires an access to the Northwest Arterial be granted, "only by the Iowa Department of Transportation with the concurrence of the City Manager. The City Manager shall not concur in the granting of the permit under this Division for any driveway access onto the Northwest Artedal without prior approval of the City Council". The minimal allowable spacing between access locations was 1,000 feet, which is also controlled by the City Ordinance. The Iowa Department of Transportation has reviewed the request of Mr. McNamer and has given their tentative approval of the temporary access subject to the concurrence of the City of Dubuque. This will be a separate permit process following City approval. RECOMMENDATION The Engineering Division's review of the request is that it would be beneficial to the residents of Harvest View Estates as well as the infrastructure within the subdivision. There is adequate sight line along the Northwest Artedal so that the temporary access, as well as meeting the 1,000-foot minimum allowable space between access locations. I, therefore, recommend approval of Mr. McNamer's request for a one-year temporary access onto the Northwest Arterial. The requested access would be a full right-in/right-out access, making the temporary access available only from the northbound lanes of the Northwest Arterial. Section 41-35 of the Code of Ordinances states that the City Manager shall issue a permit for such an access onto the Northwest Artedal and the City Manager finds that the proposed work be done in accordance with the standard plans and specifications prepar, ed by the City Engineering Division and approved by the City Council, and that the proposed work will not unreasonably interfere with the vehicular and that pedestrian traffic and the health, welfare, and safety of the public will not unreasonably be impaired. ACTION TO BE TAKEN The City Council is requested to approve the temporary access request of Mr. McNamer and authorize the City Manager to execute a permit for the requested temporary access. MAK/vjd Harvest Development Group, L.L.C. 5070 Wolff Road Dubuque, IA 52002 August 27, 2003 Honorable Mayor and City Council Members City of Dubuque City Hall 50 West 13th Street Dubuque, IA 52001-4864 Assisted Living Project (Temporary Access) Removal of Planters Harvest View Estates On Tuesday, June 24, 2003, Harvest View Estates had an informal neighborhood meeting in response to the rezoning of 10 acres adjacent to the N.W. Arterial. One of the concerns of this meeting was the construction traffic needed to construct the possible Assisted Living Project. I have contacted Bruce Crystal with the Iowa Department of Transportation to request a temporary access directly from the N.W. Arterial during the construction of this potential project. Mr. Crystal indicated that he needed the City of Dubuque to accept this request before he could begin the paperwork. Therefore, I am requesting from you, the approval of the City of Dubuque for me to have a temporary access for the construction of the assisted Living Project (please see the attached preliminary plat for approximate location). This access would have to be for one year. Other concerns the neighbors expressed were the planters located at the entrance of Matthew John Drive and Harvest View Drive. Their concerns included: · The limited space from curb to curb. When there is any significant amount of snowfall, this space is reduced even further · No on-street parking available at the planter areas · Difficult access in and out of the condo in front of the planters Harvest View Estates is requesting permission to remove the planters and replace with asphalt per the City of Dubuque specs, if necessary, per the approval of the City Engineering Department. If you have any questions, please contact me at (563) 582-5762, (563) 590-2173 or martv~mcnan~erconstmction.com. Sincerely, Martin J. McNamer Harvest Development Group, Attachment · ' !,. ~ ,mlJ.l~ll 2 , ,I l{ II.~.j !,¢ tl{~ Il!l{ {I , Sec. 41-34. Council approval required for issuance in certain areas. (a) Access to the Northwest Arterial will be granted only by the Department of Transportation with the concurrence of the City Manager. The City Manager shall not concur in the granting of a permit under this Division for any driveway access onto the Northwest Arterial without prior approval of the City Council. (b) The minimum allowable spacing between access locations shall be one thousand feet (1,000'). No access shall he allowed on any intersecting side street under City jurisdiction within one hundred fifty feet (150') of the edge of the Northwest Arterial, or within one hundred fifty feet (150') of the edge of any planned additional through lanes. (Code 1976, § 33-35; Ord. No. 7-95, 2-6-95) Sec. 41-35. Issuance. The City Manager shall issue a permit required by this Division for the work applied for when the City Manager finds: (1) That the work will be done in accordance with the standard specifications for curbs, curb cuts and driveways prepared by the City Engineer and approved by the City Council; (2) That the proposed work will not unreasonably interfere with vehicular and pedestrian traffic, the demand and necessity for parking spaces and means of egress and ingress to and from the property affected and adjacent property; (3) That the health, welfare and safety of the public will not be unreasonably impaired. (Code 1976, § 33-36)