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
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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:
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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
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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
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