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Zoning 4616 Asbury Rd Nauman & Roussel Page 1 of 1 Jeanne Schneider From: To: <Quagdbq@aol.com> <danielenicholson@mchsi.com>; <aem10@mchsi.com>; <dugganrealty@mcleodusa.net>; <jmarl<.ham@comerenergy.com>; <rbuoI1@mchsi.com>; <patriciacline@mchsi.com>; <jconnors63@mchsi.com>; <jsch neid@cityofdubuque.org> Tuesday, March 01, 2005 7:23 PM Rezoning Issue Sent: Subject: Mayor Duggan and Members of the City Council, I wish to clarify QHQ Properties position on rezoning of land located at 4616 Asbury Road by Maxine Roussel/Chuck Nauman. I do believe that commercial zoning of this property is within the scope of adjacent development and is inevitable for this parcel, but the access to this parcel must be scrutinized. If access is granted with rezoning then QHQ Properties opposes the adjacent rezoning. In April of 2003 QHQ hired Yaggy Colby Associates of Mason City to perform a traffic study for this area. The study reflected Average Annual Daily Traffic (MDT) volumes for the year 2001 which was prior to the development of Asbury Plaza Phase 2 and 3 and Holliday 3rd and 4th Addition. The study concluded the MDT for Asbury Road was 11,600 vehicles per day eastbound and 15,400 vehicles per day westbound. The study goes on to state these traffic volumes are increasing at a rate of 10% eastbound and 25% westbound per year. Combine these facts with the development that has been approved and soon to be finished: 18 acres of Holliday 3rd Addition, 21 acres Phase 3 and 39 acres Phase 4 of Asbury Plaza, 30 acres QHQ development, and 150+ acres of Plastic Center development. Throughout development the city council has guided developers to access these commercial parcels the correct way which is via frontage roads at a signalized intersection a significant distance from the current NW Arterial and Asbury Road signal. Even though this a small parcel, if access is approved with commercial rezoning then how can it be denied for future applicants. QHQ Properties reiterates that if this access is indeed approved then the two access points of the adjacent property (4730 Asbury Rd.) should also be approved when requested. Respectfully, Timothy J. Quagliano 3/2/2005 __._--- / c / / / //',,/ -7<: / >:,~--r. f'-:' /' >.--; 3;/; /~,::' , . Prepared by: Laura Carstens. City Planner Address: City Hall. 50 W. 13th St Telephone: 589-4210 ORDINANCE NO. -05 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 4616 ASBURY ROAD FROM AG AGRICULTURAL DISTRICT TO C-3 GENERAL COMMERCIAL 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 C-3 General Commercial District, to wit: Lot 1 of 2 of 1 SW y. SW Y. Section 16, T89N, R2E, 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. Section 3. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this day of 2005. T~r Attest: , eanne F. SchnelCler, City Clerk '. D~B~E ~<k~ Oty of Dubuque Planning Services Department Dubuque, 1A 52001-4864 Phone: 563-589-4210 Fax: 563-589-4221 PLANNING APPLICATION FORM D Variance DConditional Use Permit DAppeal DSpecial Exception DUmlted Setback Waiver ~zonlng 'DPlanned District DPreliminary Plat DMinor Final Plat OText Amendment DSimple Site Plan D Minor Site Plan D Major Site Plan D Major Final Plat DSimple Subdivision DAnnexation DT emporary Use Permit DCertiflcate of Economic Non-Viability DCertiflcate of Appropriateness DOlher: Please tyee or Dr!n! leo!blv in ink Maxine Roussel Oty: Dubuque Phone: 563-582-4102 State:~ Zip: 52002 Address: Property owner( s): 4616 Asbury Road Fax Number: Mobile/Cellular Number: Applicant! Agent: Chuck Nauman Address: 800 Kane Street Oty: Dubuque Phone: 563-599-7708 State: ~Zip: 52001 Fax Number: 563-588-2276 Mobile/Cellular Number: Site location/address: 4 &1 f.c., As.ex.J ~ 1Z-.o Existing zoning: Al'1" Proposed zoning: L - -3 Historic District: I-J 0 Landmark: 1-..1 0 Legal Description (Sidwell parcel 1D# or lot number/blg:k number/subdivision): \(")-/(" '~;2)1 -f'JD7 Total property (lot) area (square feet or acres): :3G.., 000 >tD F-r Describe Drooosal and reason rle!;eSsary (attach a letter of explanation, If needed): Rezohe to allow tor future development CERTIFICATION: 1/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; 2. Fees are not refundable and payment does not guarantee approval; and 3. All additional required written and graphic materials are attached. P-", CPm<<('), ...l'I..Jii,t d. f( ~iL Applicant/Agent: ~_.1' - Date: 1-52 -/~ - 6f Date:~ FOR OFFICE USE ONLY - APPUCATION SUBMITTAL CHECKUST Fee: i 300. Recelved by: J//;1.pt- DSite/sketch plan 0 Conceptual Development Plan D1mprovement plans DDesign review project description Date: / .1./3-D'(Docket: Dphoto DPlat DAoor plan DOther: . ~! ~ r <]z ~ ! ,:-~> ~d' i,:, ' ! ': r c. co :E ~ .... .- c .- o .- > [ ~ ' ~1 o o Cl ""'c( D ----------===== o Cl c( Q) e: x CO ~ -.. e: CO E :J CO Z ~ U :J ..c o +-' e: Q) co II) U II) o.:J 0.0 0::: .., u "'C CO o e::: ~ :J ..0 II) <( <0 ..- <0 "<t e: o :;::::; CO U o .....I E ~ o Q) ..... e: '+- Q) ~(') Q)e") a. I eo 0.0 +-' Q)+-, e: U o 'C N+-'+-' Q) II) .~ .....Cll:: o II) I-~Cl ,. :J e:~CO o :J '0 .- U ..... c.. 'C Q) 'C Cl E ~ <( E Q) <.9 0 Cl 0 ! CJ o >- c< ::J "' ~ Cl c( NW. ARTERIAL .., U ~ CO "'C e: :J o I1l 0> e: e: o N o 0.. "'C Q) e: o N Q) 0::: Q) ..0 o +-' CO Q) ..... <( "'C Q) II) o a. o ..... a. E.....'..., ........... ........... ........... ........... ........... SECTION 3. DISTRICT REGULATIONS 3-3. Commercial District. 3-3.3. C-3 General Commercial District: (A) General Purpose And Description: The C-3 district is intended to provide commercial 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 commercial districts, (B) Principal Permitted Uses: The following uses shall be permitted in the C-3 district: (1) Railroads and public or quasipublic utilities including substations-[ 4 7]. (2) Residential uses above the first floor only-[ 6]. (3) Mortuary/funeral home-[6], (4) Museumllibrary-[13], (5) Schools of private instruction-[4]. (6) Private club-[20], (7) General offices-[14]. (8) Medical office/clinic-[36]. (9) Denta1/medicallab-[8]. (10) Personal services-[14], (11) Bar~er/beauty shops-[ 16]. (12) Motel-[24]. (13) Gas station-[18], (14) Retail saleslservice-[I7]. (15) Laundry/dry c1eaner-[19], (16) Shoe repair-[18]. (17) Bakery (wholesalelcommercial)-[19], (18) Indoor restaurant-[20]. . (19) Bar/tavem-[20), (20) Automated gas station-[I8], (21) Service station-[2I], .. (22) Supermarket-[17). (51) Auto service centers (TBA)-[34]. (52) Auto saleslservice-[38]. (53) Auto repairlbody shop-[35]. (54) Truck sales/service and repair-[39). (55) Farm implement sales and service-[39). (56) Mobile home sales-[40]. (57) Motorcycle sales and service-[4I]. (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-[17). (63) Parking structures-[n/a). (64) Contractor shoplyard-[33]. (65) Wholesale salesldistributor-[29]. (66) Agricultural supply sales-[19]. [ ) Parking gtoup - 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: (1) Any use customarily incidental and subordinate to the principal use it serves. CD) 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: (1) 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 section 4-2 of this ordinance. (2) Group daycare center provided that: ,. 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. (0) Parking requirements. See Section 4-2 of this Ordinance. (H) Signs. See Section 4-3 of this Ordinance. REZONING STAFF REPORT Zoning Agenda: February 2, 2005 Property Address: 4616 Asbury Road Property Owner: Maxine Roussel Applicant: Chuck Nauman Proposed Land Use: Commercial Proposed Zoning: C-3 Existing Land Use: Residential Adjacent Land Use: North - Agricultural East - Agricultural South - Agricultural West - Residential Existing Zoning: AG Adjacent Zoning: North - C-3 East - C-3 South - PC West - C-3 Former Zoning: 1934 - County; 1975 - County; 1985 - AG Total Area: .8 acres Property History: The subject property has been used as a residence since its annexation into the city. Physical Characteristics: The subject property generally slopes to the southeast and has frontage on Asbury Road. 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 Plan's Land Use Goal 2.2 and Economic Development Goal 8.1. Impact of Request on: Utilities: Existing utilities are adequate to serve the site. Traffic Patterns/Counts: Asbury Road is designated as a minor arterial and carries approximately 11,600 average vehicle trips. 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 is provided during all phases of development, and storm water control is provided in compliance with City of Dubuque Standards. .' Mayor Duggan and Members of the Council, I wish to bring to your attention an issue involving the upcoming request for commercial rezoning of property located at 4616 Asbury Road by Maxine Roussel/Chuck Nauman. As an adjacent landowner who has always followed the recommendations and direction of the city council regarding access to commercial development from main thoroughfares such as the NW Arterial and Asbury Rd., I am concerned the issue of access to this parcel has not been adequately addressed. Over the years, in attempting to rezone various property in this area, access off the Arterial/Asbury Rd. has been highly scrutinized and rightfully so considering the trallic congestion on JFK Rd. and increasing congestion on Asbury Rd. The ideology has always been to keep access to commercial development in this area as far away from this intersection as possible. If possible, take a moment to drive westerly on Asbury Rd. between 4 and 6 PM (especially Friday) to observe the trallic back up at the NW Arterial signal. I can't imagine eastbound Asbury Rd. trallic turning left smoothly into a retail business at this location. I believe this may even cause disruption with trallic backed up to the Arterial signal. Even a right in right out access would create problems with right out traffic attempting to cross multiple lanes to head south on the Arterial. I believe a similar example exists with the current KFC on JFK with vehicles attempting to travel north on JFK or crossing multiple lanes to travel east on Pennsylvania. Let's learn from previous mistakes. In conclusion, I don't oppose the rezoning, but question the access to this parcel. I feel if this access is indeed granted then my adjacent property to the west (4730 Asbury Rd.) which has two access points off Asbury Rd. should also be approved when requested. Thank you for your time. Respectfully, Timothy J. Quagliano 2/16/2005 !') ["_.,C (L' I Planning Services Department City Hall 50 West 13th Street Dubuque, Iowa 52001-4864 (563) 589-4210 office (563) 589-4221 fax (563) 690-6678 TDD planning@dtyofdubuque.org www.cityofdubuque.org THECITYOF ~ DUB E ~ck~ February 9, 2005 The Honorable Mayor and City Council Members City of Dubuque City Hall - 50 W. 13th Street Dubuque IA 52001 RE: Rezoning Applicant: Chuck Nauman/Maxine Roussel Location: 4616 Asbury Road Description: 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, reviewing with the Commission that subject parcel is surrounded by commercial zoning. Staff reviewed surrounding zoning and land use, and indicated that if the parcel is rezoned, access will be from Asbury Road. There were no public comments. The Zoning Advisory Commission discussed the request, noting that the request is consistent with surrounding zoning. 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 submitted, dJ;f) ~}tJG4-~ Jeff Stiles, Chairperson Zoning Advisory Commission Service People Integrity Responsibility Innovation Teamwork g ;>. on .- ~ ~ ....... d)'- to ~ .s l-c ~ 9: a JLs ~ ~ 9: 0 o t-; '''0 - -'u ('lj ~ .s ~ ~ ~ <lJ ,,~~ ..c: ~ . <lJ - u d 4... = 9 ~ v 0 0 0: """ - on <lJ 0 . ..,"" u Ul""c Vl 4-< (oj V ~""C o 0 ~ g.~ <lJ ;1;N. o .... g~\ :E~- .;::: v '""d P. c: '" - . z ~~F3~~ Ul1iffi 0 I- ELL 's ~ ~ ~ ~ ..g<;s U> ~ - Po I-< Ul Z Q .. ~ 6 9: O""O.~ <8 > c uJ ....('\ " 1J1 6 15 ,g'~ ~ <8 . 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