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Request to Rezone Asbury Plaza PUD, Richardson Investments1 E. Marshall Thomas, 1907 -1989 November 15, 2011 Mr. Kevin Firnstahl City Clerk 50 West 13th Street Dubuque, IA 52001 Dear Mr. Firnstahl: O'CONNOR THOMAS,Fc. ATTORNEYS AT LAW est./84o www.octhomaslaw.com Francis J. Opr, riven 11NOVI5 PM4:06 City Clerks Office Dubuque, IA We represent Richardson Investments, LLC /Asbury Dubuque, LLC/Rubloff Development in the proposed Asbury Plaza PUD Amendment currently sent for the Monday, November 21, 2011, City Council meeting. We are still working with Asbury Dubuque, LLC/Rubloff Development on issues related to the Asbury Plaza PUD Amendment and request that our current application set for Monday, November 21, 2011, be tabled until the December, 2011, City Council meeting. If you have any questions or comments, please contact the undersigned. Thank you. Sincerely, PDA/sk cc: Kyle Kritz Dan Mroz Chad Richardson Peter D. Arling I ext. 254 1 parling @octhomaslaw.com Roshek Building 1 700 Locust Street, Suite 200 1 Dubuque, Iowa 52001 1 Phone 563.557.8400 1 Fax 563.556.1867 JOHN C. O'CONNOR RICHARD K. WHITTY PAUL J. SIGWARTH t GREG A. REHMKE BRENDAN T. QUANN STEPHEN C. KRUMPE *I* PETER D. ARLING *§ t STEPHANIE R. FUEGER *t A. JOHN ARENZ j'$ JAMES E. GOODMAN, JR. * i JOSHUA P. WEIDEMANN THOMAS S. COLLINS, CHAD C. LEITCH * DAVIN C. CURTISS *t CHRISTOPHER C. FRY Of Counsel All attorneys licensed in Iowa 1 * Also licensed in Illinois 1 I. Also licensed in Wisconsin 1 § Also licensed in Minnesota $ Certified in Civil Trial Advocacy by National Board of Trial Advocacy I i Also licensed in U.S. Tax Court CITY OF DUBUQUE, IOWA OFFICIAL NOTICE NOTICE is hereby given that the Dubuque City Council will conduct public hear- ings at a meeting to commence at 630 p.m. on Monday, November 21, 2011, in the Historic Federal Building, 350 West 6th Street, on the following: Rezonings Request from Joe Zwack, Triple J Land Co., LLC / Daryl Biechler, DSD Proper- ties to rezone property located at 2155 Rockdale Road from R- 3 Moderate Density Multi-Family. Residen- tial District to C -3 General Commercial District. Request from Peter ArLing, O'Connor & Thomas, P.C. / Asbury Dubuque, LC / Rich- ardson Investments, LLC to amend the Planned Unit Develop- ment (PUD) for property located in the Asbury Plaza Shopping. Center to allow for the right -in / right -out access to the Northwest Arterial and to amend the list of permitted uses, height and sign regulations. Copies of supporting documents • for the public hearings are on file in the City Clerk's Office and may be viewed during normal working hours. Written comments regarding the above public hearings may be submitted to the City Clerk's Office on or before said time of public hearing. At said time and place of public hearings all interested citizens and parties will be given an opportunity to be heard for or against said rezoning. Any visual or hearing impaired persons need- ing special assistance or persons with special accessibility needs should contact the City Clerk's Office at (563) 589 -4120 or TTY (563) 690 -6678 at least 48 hours prior to the meeting. Kevin S. Firnstahl City Clerk it 11/11 a/� iz7`V7i STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: November 11, 2011, and for which the charge is $21.80. Subscribed to before me, a otary Public in and for Dubuque County, Iowa, this //0 day of 024,9z , 20 ,j . Notary Public in ubuque County, Iowa. MARY K. WESTERMEYER Commisslon Number 1540E5 Planning Services Department City Hall 50 West 13th Street Dubuque, IA 52001 -4864 (563) 589 -4210 phone (563) 589-4221 fax (563) 690 -6678 TDD planninq(a_citvofdubuque.org The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 13th Street Dubuque IA 52001 THE CITY OF Dui Masterpiece on the Mississippi Dubuque AtAinedea City 11111, 2007 November 16, 2011 Applicant: Peter Arling, O'Connor & Thomas, P.C. / Asbury Dubuque LLC /Richardson Investments, LLC Location: Asbury Plaza Shopping Center Description: To amend the Asbury Plaza PUD to allow for a right -in /right -out access to the Northwest Arterial and to amend the list of permitted uses, height and sign regulations. 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 proposed changes to the Asbury Plaza PUD regulations including the right -in /right -out access to the Northwest Arterial, listed permitted uses, building height and sign package. The applicant reviewed the conceptual layout of the new dealership building and the requirements of the automobile manufacturers in regard to building design and signage. Staff reviewed the proposed amendments to the Asbury Plaza PUD, the history of the development of the plaza, existing accesses to the Northwest Arterial and previous amendments to Asbury Plaza. Planning staff noted a copy of the traffic study is provided in the packet as well as a memo from City Engineer Gus Psihoyos that reviewed the submitted traffic study and the Engineering Department's comments. The applicants are requesting that an additional right -in /right -out access be added to Asbury Plaza to serve a new Richardson Motors dealership. Included in your packet is a conceptual layout showing the new dealership building, and the proposed right - in /right -out access. The City of Dubuque Municipal Code requires that access to the Northwest Arterial be approved by the City Council and that a minimum spacing of 1,000 feet be provided. A copy of the requirements for approving new access to the Northwest Arterial is included in the Commission packet. The Iowa Department of Service People Integrity Responsibility Innovation Teamwork The Honorable Mayor and City Council Members Asbury Plaza Shopping Center Page 2 Transportation must also approve the location and design of any new access to the Northwest Arterial. There was one public comment in support of the request, citing positive economic impact to the community and Asbury Plaza. The Zoning Advisory Commission discussed the request, reviewing the existing access to the Northwest Arterial and noted that if property outside the shopping center desires access to the new right -in /right -out, it would require an amendment to the Asbury Plaza PUD. Commissioners were supportive of the building height and sign amendments because these amendments are limited to the subject property. Recommendation By a vote of 5 to 0, the Zoning Advisory Commission recommends that the City Council approve the request from Asbury Dubuque, LLC /Richardson Investments, LLC to amend the Asbury Plaza PUD to allow a new right -in /right -out access to the Northwest Arterial, amend the list of permitted uses by adding vehicle sales and vehicle service and repair, and amend the building height and signage regulations for property at the far northeast corner of the shopping plaza. It is important to note that the City Council does not have final authority over access to the Northwest Arterial. Should the City Council approve the request, it will be submitted to the Iowa Department of Transportation for their consideration. It is also important to point out that these PUD amendments only deal with items 1, 2 and 3 of the October 19, 2011 letter from Peter Arling of the O'Connor and Thomas Law Firm, the attorney for Richardson Motors. Item 4 deals with an easement issue that is subject to further negotiations with the City of Dubuque and the Iowa Department of Transportation and may or may not be acceptable in their suggested format. Item 5 is an access issue that was not discussed by the Commission. A simple majority vote is needed for the City Council to approve the request. A super majority vote is needed for the City Council to approve additional changes to the PUD Ordinance. Respectfully submitted, (v why( /mac Patrick Norton, Vice Chairperson Zoning Advisory Commission Attachments cc: Gus Psihoyos, City Engineer Service People Integrity Responsibility Innovation Teamwork THE CITY OP �� Dubuque kald DUB uE 1111x► Masterpiece on the Mississippi ['Variance ❑ Conditional Use Permit DAppeal ❑ Special Exception ❑ LImited Setback Waiver ® Rezoning /PUD PLANNING APPLICATION FORM ['Preliminary Plat ❑Major Final Plat DMinor Final Plat ['Simple Site Plan ❑Minor Site Plan ❑Major Site Plan please tvae or print legibly in ink ❑Simple Subdivision ❑Text Amendment ['Temporary Use Permit ['Annexation ['Historic Revolving Loan [Historic Housing Grant Planning Services Department City Hall — 50 W. 13th Street Dubuque, IA 52001 -4864 Phone:563- 589 -4210 Fax: 563 - 589 -4221 pl4nnlnci cItvofdubuque.orq ❑Certificate of Appropriateness ❑Advisory Design Review (Public Projects) ❑Certificate of Economic Non - Viability ❑Historic Designation ❑Demolition in Conservation District ❑Neighborhood Assoc. Propertyowner(s): Asbury Dubuque, LLC/ Richardson Investments, LLCphone: 815- 387 -3100/ 563 - 582 -5411 Address: 1475 John F. Kennedy Road City; Dubuque State: Iowa zip :52002 Fax #:563- 582 -4129 Cell #: E -mail: Applicant/Agent: O'Connor & Thomas, P.C.- Peter D. Arling Address: 700 Locust Street, Suite 200 Phone: 563 - 557 -8400 City: Dubuque State: Iowa Zip :52001 Fax #: 563 - 556 -1867 Cell #: E -mall: parling @octhomaslaw.com Site location /address: Asbury Plaza Shopping Center Existing zoning: PUD Proposed zoning: PUD District: N/A Landmark: DYes ®No Legal Description (Sldweli parcel ID# or lot number /block number /subdivision): Total property (lot) area (square feet or acres): approximately 7.1 acres Various- see attached diagram. Describe proposal and reason necessary (attach a letter of explanation, if needed): See attached letter CERTIFICATION: T /we, the undersigned, do hereby certify /acknowledge that: 1. It is the property owner's responsibility to locate property lines and to review the abstract for easements and restrictive covenants. 2. The information submitted herein is true and correct to the best of my /our knowledge and upon submittal becomes public record; 3. Fees are not refundable and payment does not guarantee approval; and 4. All additional rec rl• s are attached. e' 1 ► i Property Owner(s): �• 1� , Applicant/Agent(s): FOR OFFICE USE ONLY Feef 37g- DID Received by: Date: /CA Date: ),e/3f /J Date: /i2•3• /7 Docket: E. Marshall Thomas, 1907 -1989 October 19, 2011 Mr. Kyle Kritz Planning Services Department City Hall 50 W 13th Street Dubuque, IA 5200 O'CONNOR THOMAS,PC. ATTORNEYS AT LAW £st.184o www.octhomaslaw.com RE: Richardson Investments, LLC - Amended Letter Dear Mr. Kritz, Francis J. O'Connor, 1916 -1990 This amended letter is in follow up to our previous letter of October 3, 2011, and the Planning Application Form for the property owned by Asbury Dubuque, LLC and under contract for purchase by Richardson Investments, LLC. As discussed, the proposed site for which we seek the PUD amendment is intended to be the future location of Richardson Motors Corp. dealership. In regards to the description of proposal and reason necessary for the Rezoning/PUD, the description is as follows: (1) Asbury Dubuque, LLC/Richardson Investments, LLC ( hereafter "Richardson Investments "), desires to amend the PUD to allow for the construction and use of a Right - In/Right -Out (the "RIRO ") from State Highway 32 (Northwest Arterial) in the general area identified on attached Exhibit h d Ex "A" (the "Property "); (2) Richardson Investments desires to amend the PUD to allow for one or more buildings in the general area identified on attached Exhibit "A" with a height limitation of no less than fifty (50) feet, which buildings will be built in conformity with the requirements of General Motors and Honda Motors in existence at the time Richardson Motors starts construction; (3) Richardson Investments desires to amend the PUD to allow for signage, in quantity and sizes no less than that identified on attached Exhibit "A ", for General Motors and Honda Motors, Peter D. Arling I ext. 254 1 parling @octhomaslaw.com Roshek Building 1 700 Locust Street, Suite 200 I Dubuque, Iowa 52001 I Phone 563.557.8400 1 Fax 563.556.1867 JOHN C. O'CONNOR BRENDAN T. QUANN A. JOHN ARENZ tt CHAD C. LEITCH* JAMES E. GOODMAN, JR. *1 RICHARD K. WHITTY DAVIN C. CURTISS *t STEPHEN C. KRUMPE *t PAULJ. SIGWARTH t PETER D. ARCING * §t CHRISTOPHER C. FRY STEPHANIE R. FUEGER * GREG A. REHMKE CHRISTOPHER M. LUETH JOSHUA P. WEIDEMANN THOMAS S. COLLINS All attorneys licensed in Iowa I * Also licensed in Illinois I t Also licensed in Wisconsin I § Also licensed in Minnesota $ Certified in Civil Trial Advocacy by National Board of Trial Advocacy I tAlso licensed in U.S. Tax Court O'CONNOR & THOMAS, P.C. Mr. Kyle Kritz October 19, 2011 Page 2 respectively, as required by these manufacturers, for the construction and operation of its new dealer site; (4) Richardson Investments desires to obtain an easement over the eastern comer of the Property, identified on Exhibit "A ", and believed to consist of City of Dubuque or DOT right of way, to allow for concrete installation, sign installation, and/or parking of inventory (vehicles); and, (5) Richardson Investment would agree to allow access from parcels to the north for the right -in right -out; provided however, anyone obtaining access to the right -in right -out would agree to sign an indemnification agreement, would provide for an agreed upon amount or percentage of maintenance and/or compensation for annual maintenance and upkeep of the right -in right -out, and such access would not be made through the Richardson Investment parcel, except for the developed right -in right -out directly off the Northwest Arterial. Please note that the changes to the PUD cannot become effective, and actually bind the Property, until such time as Asbury Dubuque, LLC has agreed to the same becoming binding, or Richardson Investments, LLC becoming the fee owner of the same. If we near the City Council approval date without Asbury Dubuque, LLC's approval for the binding PUD amendment, we will table it at such time until such approval is obtained, or specifically refused. Thank you. Sincerely, O'CO eR & THOMAS P.C. frec4, ; Peter : Arline • PDA/pan cc: Client PC 0 0 7 m Z O O Z Z 7 SARATOGA R -1 ASBURY ASBURY COURT O IIIIS IZI■II'J i- ■ rrIJ■■■■■■■■■U It ■■■■■■■■■� • 2.1 ■ ■■■■■■■ Base Data Provided by Dubuque County GIS . . - \1u11Iu■ a . z ■■■■■■■■�■ ■■ ■11111';111, ► Ii .a:�imi 1 Iwo 11111111■ THE CITY OF DUB N Masterpiece on the Mississippi Dubuque l)d 2007 Vicinity Map Applicant: Peter Arling, O'Connor & Thomas, P.C. /Asbury Dubuque LLC /Richardson Investments, LLC Location: Asbury Plaza Shopping Center Description: To amend the Asbury Plaza PUD to allow for a right -in /right -out access to the Northwest Arterial and to amend the list of permitted uses, height and sign regulations. Legend 0 Asbury Plaza PUD Zoning City of Dubuque City of Asbury Path: H: \Planning Services \Vicinity Maps\ZAC Vicinity Maps \projects\Asbury Plaza Amend PUD 1 O_11_11.mxd Negotiating Purchase Contract 21 Acres txse Bili!% f RESTAURANT • — OUTLOTS ASBURYPLAZA 4,200 sf AVAILABLE • 4,500 si AVAILABLE N SCALEINFELT 0 400 400 Ow DUBUQUE, IOWA 32011 8153873100 RPG RUBLOFF DEVELOPMENT GROUP ING A OMni(rl Jlu!:Wok fi pay R16HAT-IDSON MOTOMS- c,oN6EPTUAL NEV' DEALERSHIP ASBURY PLAZA DUEUME, IONA ■ '• - • • _ • ■•• The e Ulct ,},1tt rc.1.1<tcd tt t ea t1TZ.7't=CtIr pkt:',“tkr, rt—int of ihc, &h y cy mel),I pni. Fch7lIcd. crthit,d <<nto:t ih thn, ,)c.1 d1 cs.titute pima of the of theme rc,h.1-11,1. Johnson Are.1111;ects, P.C. F6- 5555 Olailtal 10rIva ru5uc,uo, ToNc.1 52005 Pnone (565) 556 - fi.5-77 U Fax (565) 5.56 - 05.61 Service Advisors Draw [no Name. F],,PROJECT3 \Ii\11.C43 - Richardson Motor]s\DD site plan.dwg Last Modified] Oct 03, 2011 - 10elarn Plotted on' Oct 03, 2011 - 10,22an by dstrelf 7] rn z r- u) z rn D9VN9I5 l� aDsn 15,0 I/O. .1.-- 60% ---- • I ' . • , ‘. ' *.t....m..:..,:..[if , ...m,.. '---'''1-------- • . 1' ' , _ .1 1 * :i '' • . , _.........,.........,-....,_..............._......-. ...... . 0111 v iiiti PlIt12% Showroom Exterior -Night Exterior • Entry cylinder redesigned to incorporate more glass and update the look • Wave canopy is reduced in depth to 4' (from 10) to reduce cost and eliminate dirt runoff (maintenance issues) • Silver band at top has been reduced to eliminate dirt runoff at top of building Masterpiece on the Mississippi TO: Zoning Advisory Commission �y FROM: Kyle L. Kritz, Associate Planner Z.7, Dubuque head All Amenca Cily 2007 November 3, 2011 SUBJECT: Amendment to the Asbury Plaza PUD to allow for right -in /right -out access to the Northwest Arterial and to amend the list of permitted uses, height and sign regulations. INTRODUCTION Asbury Dubuque, LLC /Richardson Investments, LLC is proposing to amend the Asbury Plaza Planned Unit Development (PUD) to allow a new right -in /right -out access to the Northwest Arterial, amend the list of permitted uses by adding vehicle sales and vehicle service and repair, and amend the building height and signage regulations for property at the far northeast corner of the shopping plaza. The PUD Ordinance for Asbury Plaza was originally approved in 1996 and then amended in 1999 when the shopping center expanded by approximately 90 acres. Subsequently, the PUD ordinance has been amended four other times — once to amend the regulations regarding wall- mounted signage, the second amendment was to permit convenience store /gas stations as a permitted use, a third amendment allowed building height of 40 feet for a proposed business at the far northeast corner of the plaza, and the fourth amendment allowed for an additional freestanding monument sign for out lots. Asbury Plaza is approximately 120 acres in area. Except for Plaza Drive, all the roadways within the plaza are privately maintained. There is currently a right -in /right- out access near the Hy -Vee convenience store and a full signalized intersection at Plaza Drive. There are three accesses to Asbury Road. Aerial photos are included in the Commission's packet that depicts the boundaries of Asbury Plaza and the proposed location of Richardson Motors. DISCUSSION The applicants are requesting that an additional right -in /right -out access be added to Asbury Plaza to serve a new Richardson Motors dealership. Included in your packet is a conceptual layout showing the new dealership building, and the proposed right - in /right -out access. The City of Dubuque Municipal Code requires that access to the Northwest Arterial be approved by the City Council and that a minimum spacing of 1,000 feet be provided. A copy of the requirements for approving new access to the Memo to Zoning Advisory Commission Page 2 Northwest Arterial is included in the Commission packet. The Iowa Department of Transportation must also approve the location and design of any new access to the Northwest Arterial. Snyder and Associates have provided a traffic study that looks at the impacts of the proposed access on the Northwest Arterial and vehicles entering and leaving the plaza. Snyder and Associates found no major problems with locating a new right -in /right -out access in the proposed location, and that a Level of Service B was calculated for both the a.m. and p.m. peak periods for the opening year of 2013, five years out in 2018, and 20 years out in 2033. A Level of Service B indicates that the average delay per vehicle during the a.m. or p.m. peak period would be between 10 -15 seconds. A copy of the Snyder and Associates traffic study is provided in the Commission's packet. In addition, a memorandum from City Engineer Gus Psihoyos separately that outlines the findings of the traffic study and Engineering staffs review comments is included in the Commission's packet. The proposed amendment to Asbury Plaza PUD includes adding Vehicle Sales and Vehicle Service and Repair as permitted uses. Currently, the list of allowed uses includes Auto Sales and Service and Auto Service Centers. Planning staff is recommending that these two uses be deleted and replace them with Vehicle Sales and Auto Service and Repair. These uses are listed and defined in the Unified Development Code. Planning staff feels that these two uses better represent the services offered by dealerships. The previous ordinances for the Asbury Plaza PUD included a separate list of permitted uses for the service /warehouse portion of Asbury Plaza. These uses included service - type uses such as Freight Transfer Facilities, Contractor Shop and Yards, Moving and Storage Facilities, Construction Supply Sales, and Lumber Yards. The portion of Asbury Plaza that was bought by Rubloff Development (Asbury Plaza, LLC) from Wendell Corey (Motor City, LLC) did not include the area that the service /warehouse type uses applied to. This area is located to the north and west of the AMC Theater building. Planning staff has not included the service /warehouse uses in the draft ordinance provided in the Commission's packet. Building height for out Tots is currently restricted to 25 -foot, which is reasonable for most single -story commercial buildings. The applicant is requesting a building height for the area that Richardson Motors will occupy of 50 feet. This additional height is necessary to accommodate the larger building necessary to house vehicle service lifts and the potential exterior designs required by the automobile manufacturers. The applicant has also provided a signage package from both General Motors and Honda. This signage package differs significantly from the allowed signage for other out lots in Asbury Plaza. The applicant has indicated that the signage requirements come from the manufacturers themselves, and a copy of the requirements has been Memo to Zoning Advisory Commission Page 3 included in the packet for the Commission's review. The draft PUD ordinance reflects the proposed sign packages. RECOMMENDATION Planning staff recommends that the Zoning Advisory Commission review the submitted information for the proposed PUD amendment for Asbury Plaza, and review Section 5- 24.5 of the Unified Development Code that establishes plan approval standards for planned unit developments. KLK/mkr Attachments cc: Gus Psihoyos, City Engineer Sterling Codifiers, Inc. Page 1 of 2 10 -1 -1: CURB AND DRIVEWAY CONSTRUCTION PERMIT: A. Required For Construction Or Alteration: No person shall begin to construct, reconstruct, repair, alter or change any curb, curb cut or driveway on the public streets or alleys of the city without first obtaining a permit therefor from the city manager, as provided by this section. (2007 Code § 41 -31) B. Application For Permit: An applicant for a permit under this section shall file with the city manager an application 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. (2007 Code § 41 -32) C. Agreement Of Abutting Owner To Make Improvements Prerequisite To Issuance: The owner of the abutting property shall agree, as a condition to the granting of the permit required by this section, for such owner and such owner's successors in title to the abutting property, to make, at the expense of the abutting property, all necessary changes in the improvements as may subsequently be found reasonably necessary for the preservation of the public health, welfare or safety. (2007 Code § 41 -33) D. Council Approval Required For Issuance In Certain Areas 1. Northwest Arterial: Access to the northwest arterial may 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 section for any driveway access onto the northwest arterial without `prior approval of the city council. 2. Spacing Between Access Locations: The minimum allowable spacing between access locations shall be one thousand feet (1,000'). No access shall be 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. (2007 Code § 41 -34) E. Issuance: The city manager shall issue a permit required by this section for the work applied for if 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; 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; and 3. That the health, welfare and safety of the public will not be unreasonably impaired. (2007 Code § 41 -35) http:// www. sterlingcodifiers .com /codebook/printnow.php 06/21 /2011 THE CITY OF DUB Masterpiece on the Mississippi Dubuque Alt-America City 2007 TO: Kyle Kritz, Associate Planner � l FROM: Gus Psihoyos, City Engineer J - /' SUBJECT: Northwest Arterial Site Traffic Study — Richardson Motors Corporation DATE: October 28, 2011 INTRODUCTION This memorandum provides the findings of the Engineering Department as it relates to the October 5th, 2011 Northwest Arterial Site Traffic Study (Study) for Richardson Motors Corporation (Richardson). DISCUSSION The Engineering Department presents the following findings as it relates to the request for a right -in /right -out access for the proposed Richardson site along the Northwest Arterial: The proposed access is along IA 32 which is a four lane divided highway with a depressed grass median. The current annual average daily traffic based on 2009 Iowa DOT traffic counts is approximately 10,000 vehicles per day. Plaza Drive has approximately 3,000 vehicles per day. Access management on this corridor is controlled as an Iowa DOT Priority 111 Corridor, which restricts access to 1000 feet spacing minimum and a desired spacing of at least 1320 feet. The traffic study states that this is a 7.1 acre development consisting of 25,000 square feet of sales and service facility. It is expected to employ 60 full -time employees. Access to the site is proposed as a right -in /right -out intersection northwest of the NW Arterial approximately 1000 feet east of the existing Plaza Drive intersection with IA 32. Based on this study, there does not appear to be any significant impacts to the existing streets. Based on the study, it is unclear whether future connections to other streets or adjacent developments will he allowed. It only addresses that there will be a connection to Plaza Drive via the existing frontage road, whether direct or indirect. — It should also be noted that this right -in /right -out will cross the existing hike /bike path that was installed in 2009. — The Study indicates a 20 percent (20 %) pass -by trips. This percentage appears to be in error and it should be further evaluated. Snyder and Associates is revisiting this issue and will let us know the results. It is my opinion that this probably will have little impact on the overall conclusion. — The right -in /right -out intersection will be consistent with other right -in /right -out intersections along the NW Arterial corridor. This one is proposed to have a 340 deceleration length with 70 foot radius to accommodate turning movements. CONCLUSION The proposed development and the anticipated traffic it will generate can be effectively accommodated with the proposed improvements outlined in this traffic study. The Level of Service (LOS) for the Right -In Right -Out is acceptable to the Year 2033. Engineering staff does not object to the findings of the submitted traffic study and will work with the project developers to implement the necessary improvements to accommodate the proposed development. cc: David Ness, PE K: \Dness\2011 10 -27 -11 K. Kritz Memo re Richardson NW Arterial Site Traffic Study.doc RICHARDSON MOTORS NW ARTERIAL SITE TRAFFIC STUDY DUBUQUE, IA Prepared by: Snyder & Associates Prepared for: Richardson Motors Submitted to: City of Dubuque October 5, 2011 ENGINEERS & PLANNERS ANKENI; IA ATLANTIC, I-1 (515) 964 -2020 I (712) 243 -6505 CEDAR RAPIDS, IA (319) 362 -9394 COUNCIL BLUFFS, IA (712) 322 -3202 IRYNILLE, MO (660) 582 -8888 ST. JOSEPH, MO (816) 364 -5222 RICHARDSON MOTORS NW ARTERIAL SITE TRAFFIC STUDY GILBERT, IA Prepared by: Snyder & Associates Prepared for: Richardson Motors Submitted to: City of Dubuque October 5, 2011 `�§j §MlIQ� `O Q_ ESS 1ON's( lj1, U� MATTHEW G. J JOHNSON �� ar 17666 - ,� �c ``�. �� ' 6 /OI�A 't w `` I hereby certify that this Engineering Document was prepared by me or under my direct personal supervision and that I am a duly Licensed Professional Engineer under the Laws of the State of Iowa. , Z . . . . . __. _ . _ _ - - - 10/5/11 Matthew G. Johnson, P.E. License Number 17666 My License Renewal Date is December 31, 2012 All Date Introduction Snyder & Associates has completed a study of traffic impacts of development of a parcel east of intersection of NW Arterial (IA Hwy 32) & Plaza Drive for an automobile sales and service development, including proposed right - in/right -out access from Northwest Arterial. Existing Conditions Northwest Arterial (IA Hwy 23) is an important arterial road in west Dubuque, connecting U.S. Hwy 20 on the south and following a north and then east alignment IA Hwy 52 on the northeast, also connecting to the City of Asbury to the west. Land uses along this corridor include access to commercial and residential developments. The corridor is a four -lane divided highway with a depressed grass median and a posted speed limit of 45 mph. Current annual average daily traffic based on 2009 Iowa DOT traffic counts is approximately 10,000 vehicles per day (vpd) on NW Arterial, and 3,000 vpd on Plaza Drive to north and 400 vpd on Plaza Drive to south. Intersections provide left -turn and right -turn auxiliary lanes. Access management on this corridor is controlled as an Iowa DOT Priority III Corridor, which restricts access to 1,000 ft spacing minimum and desirable spacing of at least 1/4 -mile (1,320 ft). Traffic control is provided with traffic control provided by traffic signals at major intersection, and right - in/right -out intersections between signalized intersections. Proposed Development A 7.1 acre parcel located east of the intersection of Northwest Arterial (IA Hwy 32) & Plaza Drive is proposed for development as a auto sales and service development by Richardson Motors, illustrated in Figure 1 below. The development will include a sales lot and an approximately 25,000 square ft sales and service facility, and is expected to employ 60 full -time employees. Access to the site is proposed as a right - in/right -out intersection northwest of Norwest Arterial, approximately 1,000 ft east of the Northwest Arterial & Plaza Drive intersection. FIGURE 1 STUDY AREA Richardson Motors — NW Arterial Traffic Study llibr» IIsharedlTrafclDubaqueRichardson1 111005 Richardson Traffic Study.doc Snyder & Associates, Inc. Page 1 Trip Generation Trip Generation rates for the proposed auto sales development were examined using the Trip Generation for future years include development additional adjacent parcels and assumptions were made using the Northwest Arterial Traffic Operations Study - Future Conditions Analysis prepared for the Iowa DOT in 2007 and provided by the City. This study computed future traffic growth and detailed turning movements at intersections, including NW Arterial & Plaza Drive due to expected land use changes along the corridor. For opening year, generated trips were computed following Trip Generation, Sth Edition, published by the Institute of Transportation Engineers, using ITE Code 841 "New Car Sales" with independent variable of 1,000 square feet of gross floor area, as seen in Table 1 below. Table 1 Onenin Year Trw Generation ITE Code Land Use Quantity Unit Weekday AM PEAK HOUR PM PEAK HOUR Total Enter Exit Total Enter Exit 814 New Car Sales 25 KSF 834 51 38 15 65 26 40 TOTAL 834 51 38 15 65 26 40 Future year analysis utilized the 2007 Northwest Arterial Traffic Operations Study, which includes generated trips and intersection turn movement volumes at NW Arterial & Plaza Drive. Therefore, it is assumed a percentage of these trips will use the proposed right -in /right -out access in future years. Based on discussions with City traffic and planning staff, it is assumed the proposed right - in/right -out access road will connect to the additional frontage roads to the developments northeast of the NW Arterial & Plaza Drive intersection. Therefore it is assumed 30% of westbound NW Arterial projected traffic that would turn at Plaza Drive will use the right -in /right -out turn movements. This is discussed more specifically in trip distribution below. Trip Distribution As described above, the opening year traffic is expected to consist primarily of trips traveling to the proposed development. Due to right -in /right -out intersection, the majority of westbound trips for this development will use the right - in/right -out intersection, and eastbound trips will be required to use the Plaza Drive intersection. In the AM peak hour, 60% of traffic is westbound, and in PM peak hour 55% of traffic is eastbound. The trips generated by the proposed development will follow these directional distributions. The site will generate two types of hips — trips generated directly by the site that arrive from one direction and return back in that same direction (e.g. westbound in, eastbound out), and "pass -by" trips that include vehicles already traveling on NW Arterial that go to development, and then depart in same direction they were traveling before (e.g. westbound in, westbound out). It is assumed 20% of trips generated by development will be pass -by trips. Future year generated traffic is provided by the 2007 Northwest Arterial Traffic Operations Study, and is used to develop future traffic for the study. Using an annual growth rate of 2.5 %, turning movement data for years 2020 and 2030 are used to develop background five -year future analysis year 2018 and 20 -year analysis year 2033 turning movement volumes. As described Richardson Motors — N117 Arterial Trntjic Stadi, Page 2 Il ibm] Lrhoredl" 1 'ruffcl /ubuqueRichardson1111005 Richardson Trglic Siud1,doc Snyder & Associates, Inc. above, 30% of applicable traffic is assumed to use the right -in /right -out access location. See Figures 2 -8 for turning movement data. 2011 AM - Background Ti aflic MNARTERIAL & PLAZA DRIVE IWVAI-RI ERIAL & Right-In./Right-Out Access *Assumes 2.5% Annual growth rate from 2009 Iona DOT counts 25 0 5 5 30 15 220 ► 5 t 5 5 330 10 0 4 365 2011 PM - Background Tiafiic MNARTERIAL & PLAZA DRIVE MNARTERIAL & Right- In/Right -Out Access *Assumes 2.5% Annual gronuth rate from 2009 Iona DOT counts 45 150 95 485 5 4 80 410 25 t 5 5 20 0 t- 0 F— 515 Figure 2 2011 AM And PM Peak Hour Existing Traffic Richardson Motors — NW Arterial Traffic Study Il ibml Ishared1Traf clDubugueRichardsonll11005 Richardson Traffic Study.doc Snyder & Associates, Inc. Page 3 2013 AM - Background Traffic NA/ARTERIAL & PLAZA DRIVE MNARTERIAL & Right-In/Right-Cut Access *Assumes 2.5% Annual gro th rate from 2009 laua DOT calls 4-15 30 25 0 1 �—► 0° ® --) 15 240 4-1 —► 5 —� 5 5 10 L— 0 4— 395 AM Trip Distribution Percentages MNARTERIAL & PLAZA DRIVE NA/ARTERIAL & Rght- In/Rght -Out Access PASS 10% 40% 10% 60% � 1 � PASS 40% 40% J —► PASS 50% PASS 5% 5% 30% 30% 45% 4 PASS 55% 55% 4— 5% 5% 2008 ITE Trip Generation Values 2013 AM - Site generated Non-Pass-By Trips NM/ARTERIAL & PLAZA DRIVE IWVARTERLaL & Rght- WRght -Out Access 1 .i 1 L► 4 41 t— 15 4 — 1 2013 AM - Site (3e mated Pass -By Trips MNARIERIAL & PLAZA DRIVE MNARTERIAI_ & Right- INRght-Cut Access 20%Pass -by Trips 0 1 0 2 3 1 + 470 0 0 4 0 2013 AM MA/ARTERIAL & PLAZA DRIVE NA/ARTERIAL & Rght- 1NRght -01 Access 5 5 40 ®-i 1 1- �. 4— 30 240 5 25 365 10 I 5 5 10 5 41 Figure 3 2013 AM Peak Hour Traffic Distribution Ricliarc/san 1110101's - IV II1.411erial Trallic Slildt' 20 I— I■ibnrl■. chnrc< i' Tr nllicDuhnqueRi<7hnrrls001111005 Richorrl.con TrufJic Sump .cioc Snyder & .Issociules, Inc. large -1 2013 PM - Background Traffic MA/ARTERIAL & PLAZA DRIVE MM/ARTERIAL & Right-In/Right-Cut Access 0Assures 25% Annual growth rate from 2009 Iowa DOT cants 45 5 160 85 0 — 0 100 510 '-1 t 5 5 5 20 540 PM Trip Distribution Percentages MA/ARTERIAL & PLAZA DRIVE MNARTERIAL & Right-In/ ght -Qit Access PASS 10% 15% 4 PASS 55°A 55% 55% PASS 30% PASS 45% 5% 5% 40% 4— 40% 40% 41 t PASS t— 40% 40% 4 5% 5% 2008 TIE Trip Generation Values AM PM Enter 35 25 Exit 15 2013 PM - Site generated Non- Pass -By Trips MNARIERIAL & PLAZA DRIVE MA/ARTERIAL & Right-In/Right-Out Access 5 14 1 13 I � � 13 t_ 8 Ai__ 1 2013 PM - Site Generated Pass -By Trips MNARTERIAL & PLAZA DRIVE MNARTERIAL & tight- In08ght -Out Access 4 2 0 2 ~— 3 41 t r 3 0 2013 PM MNARTERIAL & PLAZA DRIVE MNARIERIPL & Right- In/Right-Cut Access 50 5 175 t— 85 4- -- 445 + —f 25 115 510 —► 5 t 5 20 15 41 t- 10 I -- 540 Figure 4 2013 PM Peak Hour Traffic Distribution Richardson Motors — NI'VArterial Traffic Study IlibnillsharedlTiafficlDnbugueRichardson11 11005 Richardson Traffic Study.doc Snyder & Associates, Inc. 2018 AM - Background Traffic NVVARTERIAL & PLAZA DRIVE IWVARTERIAL & Right - In/Rght -Out Access *Assumes 2.5% Annual growth rate, deteloped firm 2020 Projections 15—■ 65 0 0 1065 I .4— 1170 160 20 � 1 160 550 . 55�, 4-150 t r 30 50 2018 AM - Redirected Traffic MNARTERIAL & PLAZA DRIVE M/VARTERIAL & Right-In/Right-Out Access -50 4 -20 50 t r 50 t- 20 4 20 2018 AM O.m->ulath,e Traffic NVVARTERIAL & PLAZA DRIVE IWVARTERIAL & Right- In/Right-Out Access 110 20 95 160 550 ► 55 45 50 4 1115 40 I t r 50 30 50 20 1150 Figure 5 2018 AM Peak Hour Traffic Distribution Richardson Motors — NW Arterial Traffic Study IlibmllsharedlTrq fic\DabuqueRichardson1111005 Richardson Traffic Snickdoc Snyder & Associates, Inc. Page 6 2018 PM - Background Traffic MA/ARTERIAL & PLAZA DRIVE MNARTERIAL & Right - In/Right -Out Access *Assumes 2.5% Annual grwvth rate, de■eloped from 2020 Projections 230 30 125 135 0 0 ♦ L. f- 530 4-1 I L. f 750 145 760 .. 105 —+ t 115 30 55 2018 PM - Redirected Tiaf is MA/ARTERIAL & PLAZA DRIVE MNARTERIAL & Right- In/Right-Cut Access -70 -40 70 4 I 70 t 40 4 -40 2018 PM Oumulati\,e TiaRic MNARTERIAL & PLAZA DRIVE MNARTERIAL & Right- In/Right-Out Access 160 145 760 105 30 125 95 600 85 115 30 55 70 40 4 710 Figure 6 2018 PM Peak Hour Traffic Distribution Richardson Motors –NW Arterial Traffic Study Ilibmllshared\ TrafctDubngneRichardson1111005Richardson Traffic Study.doc Snyder & Associates, Inc. Page 7 2033 AM - Background Traffic NMIARTERIAL & PLAZA DRIVE MA/ARTERIAL & Right- In/Right-Out Access *Assumes 2.5% Annual growth rate, deeloped from 2030 Projections 330 20 130 130 t_ 0 I 4 0 1270 I Li.. a— 1440 350 670 60 4-150 3 t 0 40 2033 AM - Redirected Traffic MA/ARTERIAL & PLAZA DRIVE MNARTERIAL & Right- In/Rght -Out Access -100 -40 100 t 100 L 40 -40 2033 AM Cumulative Traffic NVVARTERIAL & PLAZA DRIVE MNAH I ERIAL & Right - In/Right -Out Access 230 20 130 350 670 60 4 90 1370 40 i t r 50 30 40 100 4i 40 1400 Figure 7 2033 AM Peak Hour Traffic Distribution Richardson Motors – NW Arterial Traffic Study Ilibnrl lshared1TrafficlDubuqueRichardson1111005 Richardson Traffic Study.doc Snyder & Associates, Inc. Page 8 2033 PM - Background lid lc MNARTERIAL & PLAZA DRIVE MA/ARTERIAL & Right- In/Right-Cut Access *Assumes 2.5% Annual growth rate, developed from 2030 Projections 45 290 235 0 t_ 0 f 815 4 1145 505 535 1115 130 I 130 30 r 65 2033 PM - Redirected Traffic MA/ARTERIAL & PLAZA DRIVE MNARTERIAL & Right- In/Right-Out Access -150 70 150 t— 70 �- 150 .4-- 70 t 2033 PM Ojmulati‘e Tidffic MNARTERIAL & PLAZA DRIVE MNARTERIAL & Right- In/Right-Out Access 355 45 4 iv 535 1115 130 290 165 150 L. .- 965 .� 95 4-1 r 130 30 65 L 70 1075 Figure 8 2033 PM Peak Hour Traffic Distribution Richardson Motors — NW Arterial Traffic Study Ilib mllshared\Trafc1DnbugneRicha dson1111005Richa rdsonTiafcStudy.doc Snyder & Associates, Inc. Page 9 Capacity Analysis Capacity analysis analyzes and describes the performance of study intersections and roadways under various traffic volumes and traffic control scenarios. For this study, intersection capacity was analyzed for Opening Year 2013 and Future Year 2018 traffic at the two study intersections using Highway Capacity Manual methodology incorporated into the traffic analysis and modeling program, Synchro 7. Intersection delay, caused by traffic volume, turning vehicles, number of lanes, arrival patterns, etc. is qualitatively described by a performance measure called `Level of Service' (LOS), which `grades' delay on a scale of A -F. LOS A is considered the most desirable level, with the least delay, while LOS F is least desirable, with the most delay. LOS criteria defined by the HCM for signalized and unsignalized intersections are shown in Table 2 below. Table 2 Level of Service (LOS) Definition LOS Average Delay per Vehicle (sec) Unsignalized Intersection Signalized Intersection A Less than 10 Less than 10 B 10 -15 10 -20 C 15 -25 20 -35 D 25 -35 35 -55 E 35 -50 55 -80 F Greater than 50 Greater than 80 Capacity analysis was performed for AM and PM peak hours for the analysis years. The results of the Capacity Analysis LOS for critical movements are summarized in Table 3 below, based on traffic control of traffic signal or SB STOP sign for right - in/right -out access. At the NW Arterial & Plaza Drive intersection, the Future Year analysis assumes inclusion of the geometric improvements recommended in the 2007 Northwest Arterial Traffic Operations Study, specifically the year 2033 dual left turns for EB NW Arterial and SB Plaza Drive. Table 3 Capacity Analysis Conclusions and Recommendations The recommendations provided in the 2007 Northwest Arterial Traffic Operations Study will provide acceptable operations at the NW Arterial & Plaza Drive intersection, and the proposed development and operations are consistent with corridor land use traffic projection plans. In addition, the proposed right -in /right -out access will provide improved access to the proposed Richardson Motors --MY Arterial Traffic Study Ili bin ll sharedl7ru (JicU)nbuqueRichardronll11005 Richardson 7rq(frc Sludy.doc Snyder ce Associates, Inc. Page 10 Traffic Control Critical Approach Time Existing Year 2011 LOS, Delay (see) Opening Year 2013 LOS, Delay (sec) Future Year 2018 LOS, Delay (see) Future Year 2033 LOS, Delay (sec) NW Arterial & Plaza Drive Traffic Signal SB /WB SB /EB AM PM A,8 / B,11 B, 11 / B, 11 B, 12 / B,11 B, 12 / B, 11 C, 34 / B,15 C, 23 / B, 11 D, 41 / B, 17 C, 32 / B, 11 NW Arterial & RIRO Access STOP Control SB AM PM N/A B,10 B, 10 B,15 B, 112 B, 15 B, 13 Conclusions and Recommendations The recommendations provided in the 2007 Northwest Arterial Traffic Operations Study will provide acceptable operations at the NW Arterial & Plaza Drive intersection, and the proposed development and operations are consistent with corridor land use traffic projection plans. In addition, the proposed right -in /right -out access will provide improved access to the proposed Richardson Motors --MY Arterial Traffic Study Ili bin ll sharedl7ru (JicU)nbuqueRichardronll11005 Richardson 7rq(frc Sludy.doc Snyder ce Associates, Inc. Page 10 development and other surrounding parcels, and reduce some turning movements at the Plaza Drive intersection. The right - in/right -out intersection should be consistent with other right -in /right -out intersections along the Northwest Arterial corridor, providing a deceleration lane to remove turning vehicles from through traffic, and a wide radius to accommodate turning movements. Per Iowa DOT Design Manual guidelines in Section 6C -5 and 6A -1, this should provide approximately 340 ft deceleration length with a radius of 70ft. Richardson Alotors -- NVII'Arterial Traffic Stildv Pa•e innI lsharethTrnjJ icOubugireRichnrdson11l1005 Richardson TrcfisSn« v.doc Snyder & Associates, Inc. Masterpiece on the Mississippi Dubuque All•Amer ca City TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Asbury Plaza Shopping Center PUD Amendment: Access Issues DATE: November 16, 2011 Planning Services Manager Laura Carstens is transmitting the Zoning Advisory Commission's recommendation for Asbury Plaza Shopping Center PUD Amendment to allow a right -in /right -out access to the Northwest Arterial and to amend the list of permitted uses, height and sign regulations. The Zoning Advisory Commission has recommended approval of the proposed amendment. The application letter from Peter D. Arling, dated October 19, 2011, included five items as part of their request. The Zoning Advisory Commission dealt with the first three items in Mr. Arling's letter: 1) A right -in /right -out access to the Northwest Arterial; 2) amending the PUD to allow one or more buildings in the area to be developed by Richardson Motors to be a height of 50 -foot; and, 3) to allow for the sign package provided by General Motors and Honda Motors. The fourth and fifth items included in Mr. Arling's letter were not specifically addressed by the Zoning Advisory Commission. In the fourth item, Richardson Investment noted a desire to obtain an easement for a portion of the property that is within the Iowa Department of Transportation (IDOT) right - of -way for Highway 32 to allow for installation of concrete, signs or the parking of new vehicles. This issue is subject to further negotiations with the City of Dubuque and the IDOT and may or may not be acceptable in their suggested format. It is my understanding that Richardson Investment has contacted the IDOT regarding this matter. In the fifth item, Richardson Investment, LLC indicated they would agree to allow access to the right -in /right -out access that will be on their property, provided there is an agreed upon amount or percentage of maintenance costs and /or compensation for annual maintenance and upkeep of the right -in /right -out access. In discussing this proposed access with City Engineering, Legal, and Planning staff, have a concern that since it would be just a private driveway into a privately owned Asbury Plaza PUD Amendment Page 2 parking lot, that future use of this access could be limited to Richardson Investment, LLC. It is staffs position that because the Northwest Arterial (Highway 32) represents a substantial investment on the part of the community and a critical transportation corridor, such that any accesses granted to Highway 32 need to maximize the benefit to the traveling public as well as surrounding property owners. It is my recommendation that the proposed right -in /right -out access be extended all the way to the north, and that the existing private access drive that is on the south side of the AMC Theater parking lot be extended to the east, so that these two accesses meet. In addition, I recommend that a perpetual unrestricted public access easement be provided to insure not only continued access by patrons of Asbury Plaza, but also in the future, allowing adjacent property owners access through Asbury Plaza to the proposed new access to the Northwest Arterial. Prior to any additional property being allowed to connect to the proposed right -in /right- out access and /or existing private access drive, a revised traffic study reflecting the additional volume of traffic would be required as part of a PUD amendment. I respectfully request that the Mayor and City Council amend the Asbury Plaza PUD to include my recommendations, which are shown in bold type on page 6 of the attached PUD ordinance. A super majority vote is required because this change was not part of the Zoning Advisory Commission's recommendations. kt:111 Michael C. Van Milligen MCVM:Ic Attachments cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Laura Carstens, Planning Services Manager Gus Psihoyos, City Engineer RICH RDSON MOTORS CONCEPTUAL NEW DEALERSHIP ASBURY PLAZA DUBUQUE, IOWA The use of them &airings shel he rcWeted to the arki d eta for vhYh they • e pod p&Gcol'm thereof is cepredy Mdled to such use ace at, the copse snMct consent by ageernent silk The urhitect. Repodaelke. p tlfmllen or reuse of lhne &wings by any raeLhod N uhde or N part, in pchbrisd. This le thm &a.hgs rr ooh o h the arrhifeel nMcut pep_^ee Vaal contact dth these Va. iot constitute prima facie otrieaee of the =epic/sot of these reetricli ne r jO Ar�.hI Johnson P.G 3393 Dlccttltal Drives w Dubu ua, roWa 52003 ,. I none0. (563) 5='b - 8077 a Fax (563) 556 - 0361 Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St Telephone: 589 -4210 Return to: Kevin Firnstahl, City Clerk Address: City Hall- 50 W. 13th St Telephone: 589 -4121 ORDINANCE NO. 11 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RESCINDING ORDINANCES 4 -96, 44 -99, 97 -02, 41 -03, 51 -05 AND 65 -06, WHICH ESTABLISHED REGULATIONS FOR ASBURY PLAZA, A PLANNED UNIT DEVELOPMENT WITH A PLANNED COMMERCIAL DESIGNATION, LOCATED AT THE NORTHWEST CORNER OF HIGHWAY 32 AND ASBURY ROAD AND NOW BEING AMENDED TO ALLOW VEHICLE SALES AND VEHICLE SERVICE OR REPAIR AS PERMITTED USES AND AMEND REGULATIONS FOR SIGNAGE AND BUILDING HEIGHT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is hereby amended by rescinding Ordinances 4 -96, 44 -99, 97 -02, 41 -03, 51 -05 and 65 -06 which established regulations for Asbury Plaza and now being amended to allow vehicle sales and vehicle service and repair as permitted uses, and amend regulations for signage and building height for Asbury Plaza Planned Unit Development District for hereinafter described property, to wit. Lots 1, 2, 3 and F of Asbury Plaza No.2, Lot 1 -1 of Asbury Plaza, Lot 1 of Asbury Plaza No. 6, Lot 1 of Asbury Plaza No. 7, Lot A of Asbury Plaza No. 8, Lot 1 and 2 Asbury Plaza No. 9, Lot 1 and Lot A Asbury Plaza No. 10, Lot 2 Asbury Plaza No. 11, Lots 1, 2, 3, 4 and 6 of Asbury Plaza No. 12, Lot 2 of Asbury Plaza No. 13, and Lots 2 and A of Asbury Plaza No. 14, Lots 1 and 2 Asbury Plaza No. 15, and to the centerline of the adjoining public right -of -way, all in the City of Dubuque, Iowa. A. Use Regulations The following regulations shall apply to all uses made of land in the above described PUD District: Ordinance No. — 11 Page 2 1. Principal permitted uses for the retail sales portion of Asbury Plaza shall be limited to: a. Regional shopping center b. Retail sales/service c. Indoor restaurant d. Drive-in/carry-out restaurant e. General offices f. Indoor recreation g. Outdoor recreation h. Vehicle sales i. Vehicle service or repair j. Automated gas station k. Self-service car wash 1. Full-service car wash 2. Accessory uses shall include any use customarily incidental and subordinate to the principal use it serves. 3. Temporary uses shall be limited to the following: Any use listed as a permitted use within the PUD District of a limited duration as established in Section 16-3-19 and as defined in Section 16-2 of the City of Dubuque Unified Development Code. B. Lot and Bulk Regulations Development of land in the PUD District shall be regulated as follows: 1. All shopping center buildings, structures and activities shall be developed in conformance with the Asbury Plaza Conceptual Development Plan and all final site development plans shall be approved in accordance with provisions of the PUD District regulations of this ordinance and of Section 16-5-24 of the Unified Development Code. 2. All shopping center buildings and structures shall be limited to a maximum of 40 feet. 3. All buildings and structures located on out lots shall be developed in compliance with the bulk regulations of the C-3 General Commercial District, as established in Section 16-5-13 of the Unified Development Code, except for building height. 4. All buildings and structures located on out lots shall be limited to a maximum building height of 25 feet, except Lot 2 and Lot A Asbury Ordinance No. — 11 Page 3 Plaza No. 14 and the east 215 feet of Lot 1 Asbury Plaza No. 15, which shall be limited to a maximum height of 50 feet. C. Performance Standards The development and maintenance of uses in this PUD District shall be established in conformance with Section 16 -5 -24 of the Unified Development Code and the following standards. 1. Final site development plans shall be submitted in accordance with Section 16 -12 of the Unified Development Code. All major site development plans shall be reviewed and approved by the Zoning Advisory Commission prior to construction. The Commission shall approve the submitted site development plans if they are determined to be in substantial conformance with the approved conceptual plan. 2. Sidewalks shall be placed four (4) feet behind the curb parallel to the street on all public street frontages and constructed in accordance with City standards. Additional sidewalks shall be provided as indicated on the approved conceptual plan. 3. The Conceptual Development Plan shall serve as the preliminary plat for this PUD District. Final subdivision plats and improvement plans shall be submitted in accordance with Section 16 -11 of the City of Dubuque Unified Development Code. 4. Lighting shall be provided per City standards with parking lot light standards limited to a maximum height of 35 feet. 5. Parking requirements for the shopping center shall be one space per 200 square feet of gross leasable area accessible to the general public. 6. Parking requirements for businesses located on out lots shall be in accordance with Section 16 -14 -6 of the Unified Development Code. D. Open Space and Recreational Areas Open space and landscaping in the PUD District shall be regulated as follows: 1. Landscape berms or plantings shall be required as screening for parking areas adjacent to the Northwest Arterial (Highway 32) and Asbury Road. Screening shall be a minimum of three (3) feet in height and can utilize natural grade changes to achieve the desired effect. Trees shall be provided in all parking lot islands which are of sufficient size to ensure the growth and survival of the planted trees. Ordinance No. — 11 Page 4 3. A detailed landscape plan shall be required as part of the submittal for final site development plan approval. This landscape plan shall be reviewed and approved by the Zoning Advisory Commission. 4. A buffer of Techny Arborvitae planted five (5) feet on center and a minimum of five (5) feet in height as planting shall be required along the west property line to screen the service area from the adjacent cemetery. 5. Those areas not designated on the conceptual development plan for development shall be maintained as open space, as defined by Section 16 -2 -3 of the Unified Development Code. E. Sign Regulations On- premise signage shall be provided in compliance with the following: 1. Center identification signage: one (1) center identification sign located along the Northwest Arterial (Highway 32) frontage. This sign shall be a ground- mounted sign a maximum of twelve (12) feet high and twenty - five (25) feet long. 2. Tenant identification signage: a. Four (4) tenant identification signs. Each sign shall be a ground - mounted sign a maximum of thirty (30) feet high and twelve (12) feet long. Multiple tenants can be displayed on these signs with square footage to be allocated by the developer. b. Tenants occupying greater than 30,000 square feet of leased area shall be allowed an unlimited number of wall- mounted signs. The total aggregate square footage of wall- mounted signs will be based on 20% of the front building wall area (corner spaces of inline buildings shall be allowed an unlimited number of signs the aggregate total square footage of which shall not exceed 20% of the front building wall area and 20% of the side building wall area). c. Tenants occupying less than 30,000 square feet of leased area shall be allowed an unlimited number of wall- mounted signs. The total aggregate square footage of wall- mounted signs will be based on 10% of the front building wall (corner spaces of inline buildings shall be allowed an unlimited number of signs the aggregate total square footage of which shall not exceed 10% of the front building wall area and 10% of the side building wall area). Ordinance No. — 11 Page 5 3. Out lot signage: a. Each out lot parcel shall be allowed wall- mounted signage as per the C -3 General Commercial District sign regulations. The maximum number of signs per business is four (4). b. Each out lot parcel shall be allowed one (1) freestanding sign, limited to 100 square feet in size and a maximum height of 25 feet. c. Each out lot with three (3) or more frontages shall be allowed one (1) additional freestanding monument -style sign not to exceed ten (10) square feet in area and ten (10) feet in height. d. Out lot signage for Lot 2 and Lot A Asbury Plaza No. 14 and east 215 feet of Lot 1 of Asbury Plaza No. 15 shall be regulated as follows: i. Subject parcel shall be permitted three (3) freestanding signs not to exceed 50 feet in height and 250 square feet in area each. ii. Subject parcel shall be permitted two (2) freestanding signs not to exceed 35 feet in height and 100 square feet in area each. iii. Subject parcel shall be permitted six (6) wall- mounted signs not to exceed 1000 square feet each. iv. Subject parcel shall be permitted six (6) wall- mounted signs not to exceed 35 square feet each. v. Subject parcel shall be permitted nine (9) wall - mounted signs not to exceed 20 square feet each. vi. Subject parcel shall be permitted four (4) directional signs not to exceed 10 feet in height and 20 square feet in area each. vii. Wall- mounted signs shall not project above eave or parapet wall. 4. Directional signs will be allowed as permitted by C -3 General Commercial District sign regulations. Ordinance No. — 11 Page 6 F. Additional Standards 1. That access to the Northwest Arterial (Highway 32) and Asbury Road shall be limited to the accesses shown on the conceptual plan. Request for additional accesses shall require submittal of an amended conceptual plan and must be approved by the Zoning Advisory Commission and City Council in accordance with Section 16 -5 -24 and Section 16 -9 -5 of the Unified Development Code. 2. The proposed right -in /right -out access shall extend from Highway 32 to the north to provide for future public access to adjacent properties. The existing private access drive serving the theater parking lot shall be extended to the east to provide for future public access to adjacent properties. In addition, a perpetual unrestricted public access easement shall be established of record to insure that the public will have access to the drive at all times and that adjacent property owners have the potential to connect to the subject right -in /right -out access and the existing access drive. 3. Prior to any additional property being allowed to connect to the proposed right -in /right -out access and /or existing private access drive, a revised traffic study shall be required as part of the documentation supplied as part of a PUD amendment. G. Transfer of Ownership Transfer of ownership or lease of property in this PUD District shall include in the transfer or lease agreement a provision that the purchaser or lease acknowledges awareness of the conditions authorizing the establishment of the district. 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 2011. Roy D. Buol, Mayor Attest: