Zoning - 4616 Asbury Rd. - C. Nauman
FROM : NAUMAN NURSERY
PHONE NO. : 13195882276
JUN. 15 2005 113: 35AM P1
6/15/2005
To: Karen
City ofDubuque\
dJrr-
I) Chuck N~uman,~questod that my rezoning request for 4616 Asbury Road
be tabled. I ~9~ request that it be added to the agenda for the City Council
meeting on 1une 20, 2005.
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Prepared by: Laura Carstens. Citv Planner Address: Citv Hall. 50 W. 13th St Telephone: 589-4210
ORDINANCE NO. 42-05
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) ot the City of Dubuque
Code of Ordinances is hereby amended by reclassifying the hereinatter-described
property from AG Agricultural District to C-3 General Commercial District, to wit:
lot 1 of 2 of 1 SW X SW X Section 16, T89N, R2E, and to the centerline of
the adjoining public right-ot-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 20th day of
June
2005.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, CMC
City Clerk
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Oty of Dubuque
Planning Services Department
Dubuque, LA 52001-4864
Phone: 563-589-4210
Fax: 563-589-4221
PLANNING APPLICATION FORM
o Variance
DConditional Use Permit
DAppeal
DSpecial Exception
DUmitecl Setback Waiver
~zonin9
DPlanned District
o Preliminary Plat
DMinor Final Plat
DText Amendment
DSimple Site Plan
DMinor Site Plan
o Major Site Plan
o Major Final Plat
DSimple Subdivision
DAnnexation
DTemporary Use Permit
DCertificate of Economic Non-Viability
DCertificate of Appropriateness
DOther:
Please tvoe or Drint leaiblv in Ink
Property owner(s): Maxine Roussel
Address: 461 6 Asbury Road Oty: Dubuque
Phone: 563-582-4102
State:~ Zip: 52002
Fax Number:
Mobile/Cellular Number:
Address: 800 Kane Street
Oty: Dubuque
Phone: 563-599-7708
State: ~Zip: 52001,
Applicant! Agent:
Chuck Nauman
Fax Number: 563-588- 2276
Mobile/Cellular Number:
Site location/address: L\. (p.1~ As.13Ll ~ fZ-o
Existing zoning: ~ Proposed zoning: L - -3 Historic District: I..J 0 Landmark: }...J 0
Legal Description (Sidwell parcel ID# or lot number/block number/subdivision):
, D - I (0 .... ~ ~ L - /"")D -,
Total property (lot) area (square feet or aaes): :3G- J 000 $&) F-r
Desoibe orooosal and reason ne.cessary (attach a letter of explanation, if needed):
Rezohe to allow tor future development
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 bea:>mes public record;
2. Fees are not refundable and payment does not guarantee approval; and
3. All additional required written and graphic materials are attached.
pro~owne~s):~iit~~
Applicant/Agent: ~__
Date: l~ ~ I~ - 6f
Date:~
FOR OFFICE USE ONLY - APPUCATION SUBMITTAL CHECKUST
Fee:"~' -by: J//:/~
OSite/sketch plan 0 Conceptual Development Plan
Olmprovement plans DDesign review project description
Date: Il../J"cI(Docket:
o Photo o Plat
DFloor 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 7J~
(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) Dental/medicallab-[8].
(10) Personal services-[14].
(11) Bar~er/beauty shops-[I6}.
(12) MoteH24].
(13) Gas station-[I8].
(14) Retail saleslservice-[l7J.
(15) Laundry/dry cleaner-[I9].
(16) Shoe repair-[ 18}.
(17) Bakery (wholesale/commercial)-[19].
(18) Indoor restaurant-[20].
(19) Bar/tavern-[20).
(20) Automated gas station-[18].
(21) Service station-[21].
,_ (22) Supermarket-[17].
..~:..
(23) Tailoring/alterations-[I8].
(24) Fumiturelhome fumishing-[27].
(25) Appliance saleslservice-[27].
(26) Catalog center-[23J.
(27) Drive in/earryout restaurant-[28].
(28) Drive up automated bank telle!~[8].
(29) Self service car wash-[8].
(30) Animal hospita1/clinic-[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~OOO) square feet maximwn-[l7].
(38) Hotels-[30}.
(39) Auditoriums/assembly ha11s-[20].
(40) Indoor theater-[48].
(41) Bankslsavings and loans, and credit unions-[31]~ .
(42) Indoor amusement center-[23].
(43) Vending/game machine sales and service-[I9].
(44) Indoor recreation facilities-[37].
(45) Mail order houses-[23].
(46) Lumberyardslbuilding materials sales...[19].
(47) Construction supply sales and service-[19].
(48) Printing/publishing-[32].
(49) Moving/storage facilities-[33].
(50) Full service car wash-[8].
(51) Auto service centers (TBA)-[34J.
(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-[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-[17].
(63) Parking structures-en/a].
(64) Contractor shop/yard-[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.
(0) 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 limite~ 8:00 am. to 12:00 midnigh4 unless further
limited by the board of zoning adjustment.
(b) The parking group requirements can be met-[37].
[ J Parking group - See section 4-2 of this ordinance.
(2) Group daycare 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 of fenced 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; . .
(e) All licenses have been issued or have been applied for awaiting the outcome of the
board's decision;
(f) No group daycare 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-[8]; and
(h) Signage for a single-family home location shall be limited to one noniUuminated wall
mounted sign not to exceed four (4) square feet in area.
(3) Miniwarehouse facilities provided that:
(a) The entire perimeter be enclosed by a security fence.
(b) All outdoor lighting for the facility utilize cut off luminaries.
(c) A11.yehicle access and staging areas be paved.
(d) Screening of at least six foot (6') in height shall be placed along the property line
between the miniwarehouse facility and all adjacent residential property.
(e) The parking group. requirements can be met [47].
(E) Temporary Uses: The following uses shall be permitted as temporary uses in the C-3 district:
(1) Any use listed as a permitted use within the district of a limited duration as established in
section 2-5.3 and as defined in section 8 of this ordinance.
(F) Bulk Regulations:
Group daycare centers:
Lot area: Five thousand (5,000) square feet.
Lot frontage: Fifty feet (50').
Lot coverage: Fifty percent (500J'o) oflot 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 oftbis 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
Existing Zoning: AG
Adjacent Land Use: North - Agricultural
East - Agricultural
South - Agricultural
West - Residential
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.
Rezoning Staff Report - 4616 Asbury Rd.
Page 2
Adjacent Properties: The adjacent properties will be most impacted by the
development of this parcel by an increase in the volume of traffic on surrounding
streets.
CIP Investments: None proposed.
5taff Analysis: The applicant is requesting rezoning of the subject from AG
Agricultural to C-3 General Commercial. The property is located 250 feet east of the
intersection of the Northwest Arterial and Asbury Road. The subject property
encompasses approximately 36,000 square feet and is currently developed as a single-
family home.
The requested rezoning is to C-3 General Commercial. The surrounding property on
the north, east and west sides was rezoned to C-3 General Commercial in March 2004.
The property across Asbury Road to the south is currently zoned Planned Commercial.
The Comprehensive Plan Land Use Map designates the subject property for multi-
family residential. Access to the property is from Asbury Road.
Planning staff recommends the Zoning Advisory Commission review the criteria for
granting a rezoning request contained in Section 6-1.1 of the Zoning Ordinance.
Prepared by: ~1 ~
Reviewed: ~/A
Date: 1/.15 jP 5
Page 1 of 1
Jeanne Schneider
Sent:
Subject:
<Quagdbq@aol.com>
<danielenicholson@mchsi.com>; <aem10@mchsi.com>; <dugganrealty@mcleodusa.net>;
<jmarkham@comerenergy.com>; <rbuoI1@mchsi.com>; <patriciacline@mchsi.com>;
<jconnors63@mchsi.com>; <jschneid@cityofdubuque.org>
Tuesday, March 01, 2005 7:23 PM
Rezoning Issue
From:
To:
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
" , 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 traffic 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 traffic back up at the NW Arterial
signal. I can't imagine eastbound Asbury Rd. traffic turning left smoothly into a retail business at this location. I
believe this may even cause disruption with traffic 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@cityofdubuque.org
www.cityofdubuque.org
5~~~E
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February 9,2005
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W, 13th Street
Dubuque IA 52001
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RE: Rezoning u'
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,
~ ~2fdJ.A-'
Jeff Stiles, Chairperson
Zoning Advisory Commission
Service
People
Integrity
Responsibility
Innovation
Teamwork
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6/19/2005
Chuck Nauman
800 Kane Street
Dubuque, IA 5200 1
Members of the City Council;
I would like to review Mr. Quagliano's positions on the request to rezone
4616 Asbury Road from Agricultural to C-3.
It appears that Mr. Quagliano says he is opposed to access to Asbury Road
for this or any other property, except at the proposed traffic signal.
In an email to the City Council members dated 3/1/05 Mr. Quagliano stated
"QHQ Properties reiterates that if this access is indeed approved then the
two access points of the adjacent property (4730 Asbury Rd.) should be
approved when requested. The 4730 Asbury Road property is closer to the
Asbury Road and Northwest Arterial intersection.
In response to my letter dated 3/18/05 Mr. Quagliano stated "In response to
your letter dated 3/18/05, I sympathize with your predicament but reiterate
QHQ Properties opposition to either properties access to Asbury Road. I
continue to believe this would create traffic hazards and go against previous
City Council decisions for access to commercial development in this area.
Having said that, in the event City Council chooses to grant access directly
onto Asbury Road from these properties I would consider joint access.
In telephone conversations Mr. Quagliano has indicated to me that he is
interested in another access to serve QHQ property. This access would be in
the area of 4616 Asbury. I believe that Mr. Quagliano is only interested in
stopping my plans for 4616 Asbury Road and acquiring another access for
QHQ property in the location of 4616 Asbury Road.
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huck Nauman
. i
Chuck Nauman
4101 Pennsylvania Ave.
Dubuque, IA 52002
3/1812005
Mr. Timothy auagliano
QHQ Properties
3430 Dodge Street tI6
Dubuque, IA 52003
Re: Property on Asbury Road
Dear Mr. Quagliano:
As I have purchased the property located at 4616 Asbury Road. I believe that it
would be in our best interests to YIOI'k out an agreement for a right in, right out shared
access from Asbury Road to serve 4616 Asbury and the adjoining aHa property.
Also, as a part of this agreement, access to the future frontage road that will serve
the QHQ property.
If the city aIows Asbury Road access to remain I would discuss the replatting of 4616
Asbury Road to a different shape. Also, I would disaJss matching proposed grades to
blend the properties better, and trading a section of 4616 Asbury Road for QHQ
property to access the proposed frontage road. In addition I may consider liniting
some of the C-3 pemitted uses for 4616 Asbury Road.
If you have an interest in negotiations regarding the above con1act me by mail at the
above address or by phone at 563-599-n08.
Sincerely,
/kL1--
Chuck Nauman
C~_'"
CC: Mayor Teny Duggan
ComlciIman Roy Buol
Councilwoman Patricia Cline
Councilwoman Joyce Conners
Councilwoman Ann Michalski
Councilman John Markham
Councilman Dan Nicholson
City Clerk Jeanne Schneider
(,.~
~
Dear Mr. Nauman:
In response to your letter dated 3/18/05, I sympathize with your predicament but reiterate aHa Properties
opposition to either properties access to Asbury Road. I continue to believe this would create traffic hazards and
go against previous City Council decisions for access to commercial development in this area. Having said that,
in the event City Council chooses to grant access direcUy onto Asbury Road from these properties I would
consider joint access.
In regard to access from a frontage road to your land at 4616 Asbury Road across aHa's land, it is difficult to
guarantee anything at this time. Our timetable for development is a 5-10 year window which could prolong the
opening of your retail business, for which I don't want to be held responsible. It is also difficult to place an access
road without City Council approval, traffic studies, elaborate engineering plans for the whole development
including grading and utilities... The final variable would include purchase of the land by a third party. The third
party typically wants nothing to do with your proposition or, bare minimum, restrictions on your land, which you
may not be able to agree with, in exchange for using their land to access your parcel.
Considering your situation I would entertain exchanging your property for a lot on Holliday Drive of equal vafue.
Realize that development of these lots is complete, thus you would be able to start buitding immediately.
Respectfully,
r{. ~ P: ~ 'Y'-
Timothy Quagliano DPM
aHQ Properties
CC via Email: Mayor Duggan
Members of the City Council
City Clerks Office
Sunday, March 27, 2005 America Online: Quagdbq