Zoning NE Asbury NW Art Quaglia
Planning Services Department
GtyHall
50 West 13th Screet
Dubuque, Iowa 52001-4864
(563) 589-4210 office
(563) 589-4221 fax
(563) 690-6678 TDD
P lannin g@cityofdubuque.org
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March 8, 2004 52
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The Honorable Mayor and City Council Members
City of Dubuque
City Hall- 50 W. 13th Street
Dubuque IA 52001
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Applicant:
Location:
Description:
Buesing & Associates, Inc.mm Quagliano en
Northeast Comer of Asbury Road and the NW Arterial
To rezone property from AG Agricultural District to C-3 General Commercial
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 applicant spoke in favor of the request. At the public hearing, the applicant submitted a
zoning plan with access concepts that indicate two access points to the Northwest Arterial,
a right-in/right-out and creating the fourth leg of the signalized intersection that will be built
this summer for Asbury Plaza.
Staff reviewed surrounding zoning and land use, and that designation of the property on the
Comprehensive Plan's Proposed Land Use Map is for a mix of commercial and multi-family
development. Staff also noted that approval of C-3 rezoning does not mean that access to
the Northwest Arterial is approved.
There was one public comment regarding access to the Northwest Arterial.
The Zoning Advisory Commission discussed the request, noting that the other three corners
of the intersection have already been rezoned for commercial property. The Commission
discussed the appropriateness of C-3 zoning next to Resurrection Church property, which is
zoned R-1 Single-Family Residential District.
Recommendation
By a vote of 5 to 1, the Zoning Advisory Commission recommends that the City Council
approve the request.
A simple majority vote is needed for the City Council to approve the request.
Respectfully submi~,
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Zoning Advisory Commission
Servioo
People
Integrity
Responsibmty
Innovation
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City of Dubuque
Planning Services Department
Dubuque, IA 52001-4864
Phone: 563-589-4210
Fax: 563-589-4221
PLANNING APPLICATION FORM
0 Variance
0 Conditional Use Permit
0 Appeal
OSpecial Exception
0 Limited Setback Waiver
0 Rezoning
!8fPlanned District
0 PreliminalY Plat
0 Minor Anal Plat
0 Text Amendment
0 Simple Site Plan
0 Minor Site Plan
0 Major Site Plan
0 Major Anal Plat
0 Simpie Subdivision
OAnnexation
OTemporalY Use Permit
0 Certificate of Economic Non-Yiability
0 Certificate of Appropriateness
0 Other:
Please type or print leCliblv in ink
Property owner(s):
Ii m ()¡¡¡q 1 i am
Phone: 557-5<J:Ð
Address: 1500 I£lhi Stræt
City:
IliJuaue
State: Ia.¡¡¡ Zip: 52001
Fax Number:
557-5936
Mobile/Cellular Number:
Applicant/Agent: lßesinq & Associates. Ioc.
Address: 1212 I mlq; Stræt
Phone: 556-4389
City: rulll( l~
State: laotiL Zip: !i?m1
Fax Number:
556-6717
Mobile/Cellular Number:
Site location/address: ~ of AsOOry Ibld. fast of the tM Arta'ial
Existing zoning: AGr
Proposed zoning: ~ Historic District: - Landmark: -
Legal Description (Sidwell parcel ID# or lot number/block number/subdivision):
1016351015, 1016351003, 1016351!œ, 1016351017. 1016:nm1
Total property (lot) area (square feet or acres): Aoorox.. 29 Peres
Describe proposal and reason necessary (attach a letter of explanation, if needed):
Future amœn:ial œvelwœnt
CERTIFICATION: I/we, the undersigned, do hereby certify that:
1. The information submitted herein is true and correct to the best of my/our knowledge and upon
submittal becomes public record;
Fees are not refundable and payment does not guarantee approval; and
All additional required wr.itten and graphic materials are attached.
2.
3.
Property Owner(s):
Applicant; Agent:
Date:
Date:
FOR OFFICE USE ONLY - APPLICATION SUBMiTTAL CHECKLIST
Fee: ~œo.OO Received by: t.- ~ Date: éJjlO!fJ4Docket: '-f1A.ø,1fG{,..
DSite/sketch plan 0 Conceptual Development Plan 0 Photo DPlat
0 Improvement plans 0 Design review project description 0 Floor plan 0 Other:
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Vicinity Map
Applicant: Buesing & Associates,
Inc./Tim Quagliano
Location: Northeast Corner of
Asbury Road and the NW Arterial
Description: To rezone property
from AG Agricultural District to C-3
General Commercial District
¡:.ii!i!!:¡ Proposed Area to be Rezoned
D Zoning Boundary
............... City limits
PREPARED BY,
BUESING & ASSOCIATES
ADDRESS,
1212 LOCUST STREET, DUBUQUE, IOWA 52001
ZONING PLAN
WITH ACCESS CONCEPTS
PHONE,
SCALE 1" = 200'
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0' 100' 200'
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10-16-351-017
AG
LOT1
SAlVO-SAlAS PLACE
10-16-35>-01'
AG
PROPOSED
RIGHT IN /
RIGHT OUT
INTERSECTION
PROPOSED
ZONING
C-3
g
LOT 2-1-H-H
SW1/' SWl/4
SEC.16
10-16-351-009
AG
LOT 2
SALVO-SALAS PLACE
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10-16-351-003 ~
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LOT 2-2-3 ø
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LOT 2-2-3
LOT H-2-3
SW1/4 SW1/4
SEC.16
10-16-351-015
AG
LOT 1-2-1
SWl/' SWl/4
SEC.16
10-16-351-007
AG
ASBURY ROAD
NW1/' NWl/'
SEC.21
NOTES
1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEROF.
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SHEET TITLE
ZONING PLAN
TIMOTHY J. QUAGLIANO
PROPERTIES
OWNER & PREPARED FOR,
TIM QUAGUANO
'SDD DELHI ST.
DUBUOUE. IA 52001
PROJECT
NO. 04019
BUESING & ASSOCIATES
CONSULTING ENGINEERS
1212 LDCUST STREET
DUBUQUE, IOWA 52001
(S63) 556-4389
G,1O41OI9W.,IO4<1I9."._.,.d." """"."""""'" ""'0>6'" '""'"'."""'.
LOT 2-1
NW1/' SW1/'
SEG.16
10-16-""-002
R-l
LOT 1-2-H
SW'/' SWI/4
SEC.16
10-16-351-011
R-1
DATE
1/8/04
SCALE:
1" = 200'
563 556-4389
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REVISIONS
3/3/04
DRAWN BY:
TPL
CHECKED BY:
.KLB
REZONING STAFF REPORT
Zoning Agenda: March 2, 2004
Property Address:
Northeast corner of Northwest Arterial and Asbury Road
Property Owner:
Tim Quagliano
Applicant:
Buesing & Associates, Inc.
Proposed Land Use: Commercial
Proposed Zoning: C-3
Existing Land Use: Residential/Agricultural
Existing Zoning: AG
Adjacent Land Use:
North - Vacant
East - Residential
South - Vacant
West - Commercial
Adjacent Zoning: North - PC
East - R-1
South - PC
West - PC
Former Zoning:
1934-County; 1975-County; 1985-AG Total Area: 29 acres
Property History: The subject property has been used primarily for agricultural
purposes since its annexation into the City.
Physical Characteristics: The subject property generally slopes to the southeast and
has frontage on both Asbury Road and the Northwest Arterial.
Concurrence with Comprehensive Plan: The Comprehensive Plan designates the
northeast quadrant of the Northwest Arterial and Asbury Road for a mixture of
commercial and multi-family development. This project also implements the
Comprehensive Plans Land Use Goal 2.2 and the Economic Development Goal 8.1.
Impact of Request on:
Utilities: Existing utilities are adequate to serve the site.
Traffic Patterns/Counts: The Northwest Arterial is designated as a major arterial
and carries 8,100 average vehicle trips north of Asbury Road. Asbury Road is
designated as a minor arterial and carries 11,600 average vehicle trips east of the
Northwest Arterial.
Public Services: Existing public services are adequate to serve the site.
Environment: Staff does not anticipate any adverse impact to the environment
provided adequate erosion control and storm water control is provided during all
Rezoning Staff Report - Northeast corner of Northwest Arterial and Asbury Road
Page 2
phases of development, and storm water control is provided in compliance with
City of Dubuque Standards.
Adjacent Properties: The adjacent properties will be most impacted by
development of this parcel through an increase in the volume of traffic on
surrounding streets.
CIP Investments: None proposed.
Staff Analysis: The applicant is requesting rezoning of the subject parcel from AG
Agricultural to C-3 General Commercial. The property is located generally at the
northeast corner of Asbury Road and. the Northwest Arterial. The subject property has
frontage on both Asbury Road and the Northwest Arterial.
The requested rezoning is to C-3 General Commercial. A copy of the district standards
is attached for the Commission's review. The Comprehensive Plan Land Use Map
designates the subject parcel for a combination of commercial and multi-family
residential.
The applicant has not proposed locations for access to Asbury or the Northwest Arterial
as part of this rezoning. Because of the large volume of traffic on Asbury Road, City
Engineering will have to review the request for access once a specific development is
proposed. A proposal for access to the Northwest Arterial can only be granted by the
Iowa Department of Transportation with the concurrence of the City of Dubuque City
Council as per Section 41-34 of the Municipal Code (attached).
Planning staff recommends that the Zoning Advisory Commission review the criteria for
granting a rezoning request in Section 6-1.1 of the Zoning Ordinance.
Prepared by: p í?~
Reviewed: ~;VA
Date: 2hs!ot(
I '
Prepared by: Laura Carstens Citv Planner Address: 50 W. 13th 51. Citv Hall Telephone: 589-4210
ORDINANCE NO. 14-04
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY
OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED AT NORTHEAST CORNER OF THE NORTHWEST
ARTERIAL AND ASBURY ROAD FROM AG AGRICULTURAL DISTRICT TO G-3
GENERAL COMMERICIAL DISTRICT
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 District to G-3 General Commercial District, to wit:
Lot 2 Salvo-Salas Place, Lot 2-1-1-1 NW Yo SW Yo, Lot 1-1-1-3 SW Yo SW Yo, N 66'
of Lot 2-2-3 SW Yo SW Yo, 534' of Lot 2-2-3 and Lot 1-1-2-3 SW Yo SW Yo in Section
16, T89N, R2E of the 5th P.M., and to the centerline 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.
law.
Section 3. This ordinance shall take effect immediately upon publication, as provided by
Passed, approved and adopted this 15thday of March
2004.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
F :\US ERS\MELINDA \ WP\COU NC IL \ORD\quaglianorezonord.doc
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STREETS, SIDEWALKS AND PUBLIC PLACES
§ 41-45
needs repair shall be final. Such bond shall be
subject to annual approval by the City Council.
(Code 1976, § 33-25)
Sees. 41-22-41.30. Reserved.
DIVISION 2. PERMIT
Sec.41-31. Required for
alteration, etc.
construction,
No person shall- begin to construct, recon-
struct, repair, alter or change any curb, curb
cut or driveway on the public streets or alleys of
the City without first obtaining a permit there-
for from the City Manager, as provided by this
Division.
(Code 1976, § 33-32)
Sec. 41-32. Application.
-'---.-/
An applicant for a permit under this Division
shall file with the City Manager an applicatian
showing the name and address of the owner of
the property abutting the proposed work area;
the name and address of the party doing the
work and such other information as the City
Manager shall find reasonably necessary to the
determination of whether a permit should be
issued.
(Code 1976, § 33-33)
Sec. 41-33. Agreement of abutting owner
to make improvements prereq-
uisite to issuance.
The owner of the abutting property shall
agree, as a condition to the granting of the
permit required by this Division, for such owner
and such owner's successors in title to the abut-
ting property, to make, at the expense of the
abutting praperty, all necessary changes in the
improvement as may subsequently be found
reasonably necessary for the preservation of the
public health, welfare or safety.
(Code 1976, § 33-34)
~
Supp- No. 23
(a) Access to the Northwest Arterial will be
granted only by the Department of Transporta-
tion with the concurrence of the City Manager.
The City Manager shall not concur in the grant-
ing of a permit under this Division for any
driveway access onto the Northwest ~
without prior approval of the City Gou:!Íill.
,<------
(b) The minimum allowable spacing between
access locations shall be one thousand feet
(1,000'). No access shall be allowed on .any in-
tersecting "ide street under City jurisdiction
within one hundred fifty feet (150') of the edge
of the Northwest Arterial, or within one hun-
dred 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 re-_-
quired 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 unrea-
sonably interfere with vehicular and
pedestrian traffic, the demand and neces-
sity for parking spaces and means of
egress and ingress to and from the prop-
erty affected and adjacent property;
(3) That the' health, welfare and safety of
the public will not be unreasonably im-
paired.
(Code 1976, § 33-36)
Sees. 41-36-41.45. Reserved.
2633
DU549CH-01.TXT (1)
3-3.3. C-3 General Commercial District.
(A) General purpose and description. The C-3 District is intended to provide co=ercial uses
which are designed to serve the motoring public or uses requiring highway or arterial
locations for their most beneficial operation and which cannot be more appropriately located
in other co=ercial districts.
(B) Principalperrnitted uses. The following uses shall be pennitted in the C-3 District.
(1) Railroads and public or quasi-public utilities including substations-[47].
(2) Residential uses above the first floor only-[6].
(3) Mortuary/funeral home-[6].
(4) Museuml1ibrary-[13].
(5) Schools of private instruction-[4].
(6) Private club-[20].
(7) General offices-[14].
(8) Medical office/clinic-[36].
(9) Dentallmedicallab-[8].
(10) Personal services-[14].
(11) Barber/beauty shops-[16].
(12) Mote1-[24].
(13) Gas station-[18].
(14) Retail sales/service-[17].
(15) Laundry/dry cleaner-[19].
(16) Shoe repair-[18].
(17) Bakery (wholesale/co=ercial)-[19].
(18) Indoor restaurant-[20].
(19) Bar/tavem-[20].
(20) Automated gas station-[18].
(21) Service station-[21].
(22) Supermarket-[17].
(23) Tailoring/alterations~[18].
(24) Furniture/home furnishing-[27].
DU549CH-O1.TXT (2)
(25) Appliance sales/service-[27].
(26) Catalog center-[23].
(27) Drive-in/carry-out restaurant-[28].
(28) Drive-up automated bank teller-[8].
(29) Self-service carwash-[8].
(30) Animal hospitallclinic-[23].
(31) Laundromat-[22].
(32) Furniture upholstery/repair-[18].
(33) Artist studio-[5].
(34) Photographic studio-[23].
(35) Neighborhood shopping center-[17].
(36) Business services-[29].
(37) Department stores/sixty thousand (60,000) square feet maximum-[17].
(38) Hotels-[30].
(39) Auditoriums/assembly halls-[20].
(40) Indoor theater-[48].
(41) Banks/savings and loans, and credit unions-[31].
(42) Indoor amusement center-[23].
(43) Vending/game machine sales and service-[19].
(44) Indoor recreation facilities-[37].
(45) Mail-order houses-[23].
(46) Lumberyards/building materials sales-[l9].
(47) Construction supply sales and service-[19].
(48) Printing/publishing-[32].
(49) Moving/storage facilities-[33].
(50) Full-service carwash-[8].
(51) Auto service centers (TBA)-[34].
(52) Auto sales/service-[38].
(53) Auto repair/body shop-[35].
(54) Truck sales/service and repair-[39].
DU549CH-O1.TXT (3)
(55) Fann implement sales and service-[39].
(56) Mobile home sales-[40].
(57) Motorcycle sales and service-[41].
(58) Boat sales and service-[40].
(59) Recreational vehicles sales and service-[39].
(60) Vehicle rental-[47].
(61) Upholstery shop-[42].
(62) Local shopping center-[l7].
(63) Parking structures-[N/A].
(64) Contractor shop/yard-[33].
(65) Wholesale sales/distributor-[29].
(66) Agricl.Ùtura1 supply sales-[19].
[ ] Parking group - See Section 4-2 of this Ordinance.
(C)Accessory uses. The following uses shall be permitted as accessory uses as provided in
Section 4 of this Ordinance:
(I) Any use customarily incidental and subordinate to the principal use it serves.
(D) Conditional uses. The following conditional uses are permitted in the C-3 District, subject to
the provisions of Section 5 of this Ordinance and are the minimum requirements for
application to the Board of Adjustment for a conditional use permit:
(I) Outdoor recreation/outdoor amusement center provided that:
(a) Hours of operation shall be limited, 8:00 a.m. to 12:00 midnight, unless further
limited by the Board of Zoning Adjustment.
(b) The parking group requirements can be met-[37].
[ ] Parking group - See Section4-2 of this Ordinance.
(2) Group day care center provided that:
(a) Forty (40) square feet of indoor floor area (excluding halls and bathrooms) is provided
per child in areas occupied by cribs;
(b) Thirty five (35) square feet of indoor floor area (excluding halls and bathrooms) is
provided per child in areas not occupied by cribs times the licensed capacity;
(c) Seventy five (75) square feet offenced outdoor recreation space is provided per child
using the space at a given time;
(d) Such facility shall provide for the loading and unloading of children so as not to
obstruct public streets or create traffic or safety hazards;
DU549CH-01.TXT (4)
(e) All licenses have been issued or have been applied for awaiting the outcome of the
Board's decision;
(f) No group day-care center may be located within the same structure as any gas station,
bar/tavern, automated gas station or any facility selling, servicing, repairing or renting
vehicles;
(g) The parking group requirements can be met-[8J; and
(h) Signage for a single-family home location shall be limited to one nonilluminated
wall-mounted sign not to exceed four (4) square feet in area.
(E) Temporary uses. The following uses shall be pennitted as temporary uses in the C-3 District:
(l) Any use listed as a pennitted use within the district of a limited duration as established in
Section 2-5.3 and as defmed in Section 8 of this Ordinance.
(F) Bulk regulations.
Group day care centers."
Lot area: five thousand (5,000) square feet
Lot frontage: 50 feet
Lot coverage: 50 percent of lot area
All other permitted and conditional uses:
Front yard setback: 20 feet
Side yard setback: 0 feet*
Rear yard setback: 0 percent lot depth*
Building height: 40 feet
*Except where abutting a residential or office residential district, then six-foot side yard and
twenty (20) percent lot depth rear yard setbacks required.
(G) Parking requirements. See Section 4-2 of this Ordinance.
(H) Signs. See Section 4-3 of this Ordinance.