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Zoning Arc Design Sam's Club QHQ 12/14/05 Chuck Nauman 800 Kane Street Dubuque, IA 52001 Members of the City Council; I would like to address my concerns about the rezoning of QHQ/ Wal-Mart Stores site from C-3 to a PUD District. I am not opposed to this rezoning. However, after reviewing the situation with respect to the City's desire for the access road from Asbury to Wal-Mart's Sam's Club and the adjoining properties including my property at 4616 Asbury Road to be private, I realize that this will place a substantial liability on me. I should not be expected to move my access from Asbury Road to the proposed private road and accept the liability for whatever may occur on that road. I believe that the access road from Asbury Road to Sam's Club should be a city street. If the road is to be private, I will need to be protected from any liability from any issues that may arise in the future. SiIlferely, /tJ1ea;:*- Chuct' ~~man I i5~~~E ~ck~ MEMORANDUM December 14, 2005 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager c SUBJECT: Sam's Club PUD - Revised Ordinance Planning Services Manager Laura Carstens is transmitting the Sam's Club PUD revised ordinance. Wal-Mart,lnc. and aHa Properties have agreed with the City that the streets in the Sam's Club project will all be private. However, aHa Properties did meet with me asking me to change my recommendation to the City Council and make the northerly entrance to Sam's Club from the Northwest Arterial a public road. Also, Chuck Nauman has submitted a letter to the City Council asking that the southerly entrance road to Sam's Club from Asbury Road be public, but if not, that the City indemnify him against any future liability arising from the entrance road. I advised aHa Properties that I would not change my recommendation. I also take this same position with Mr. Nauman's request. While these entryways pass by some C-3 zoned property, they are merely a glorified entrance to the Sam's Club parking lot. At my request, Planning Services Manager Laura Carstens has provided information on three planned unit developments in the City that have public streets. I do not think that any of these other developments are similar enough in circumstances to the Sam's Club project to change my recommendation from private to public streets. I have included with this memorandum the November 17, 2005 material I sent you showing seven other planned unit developments that have private streets. Very late in this process, Wal-Mart insisted that the City become party to a five-party development agreement with Wal-Mart, aHa Properties, Chuck Nauman and Resurrection Church, like the City does with economic development projects that involve City incentives. I believe the PUD ordinance is all that is necessary between the City and Wal-Mart . No development agreement is part of this presentation to City Council. Accepting these accesses as public streets would add maintenance and snow plowing responsibility to the City and hundreds of thousands of dollars of future replacement costs. I do not believe this should be a taxpayer obligation. I respectfully recommend Mayor and City Council approval of the PUD ordinance. (1~ 1 ~.V~7 ;11" (L~ Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager DUB~E ~~~ MEMORANDUM December 14,2005 FROM: Michael C. Van Milligen, City Manager Laura Carstens, Planning Services Manager ~~ TO: SUBJECT: Sam's Club PUD - Revised Ordinance INTRODUCTION The City Council has approved the first and second readings of a rezoning request by ARC Design Resources, Inc. from C-3 General Commercial to PUD Planned Unit Development District with a Planned Commercial designation to allow the development of a new Sam's Club at the northeast corner of the Northwest Arterial and Asbury Road. DISCUSSION The City Council reviewed the requested rezoning at the November 21, 2005 Council meeting. At that meeting, City staff reviewed several outstanding issues that had not been resolved, including: 1) Dedication of proposed north and south access roads to the City for public maintenance. 2) Construction of an additional eastbound thru lane on Asbury Road from the Northwest Arterial to the new entrance into the proposed Sam's Club. 3) Installation of intermediate landscape islands in the proposed Sam's Club parking lot. The applicant, Joe Altenhoff, ARC Design Resources, Inc., representing Wal-Mart Stores, Inc., indicated during his presentation that Wal-Mart Stores, Inc. would install intermediate parking lot islands in the Sam's Club lot as required. The City Council discussed the outstanding issues, and after closing the public hearing, indicated that the north and south access roads would remain as private roadways and also require that all pavement markings, street signage and posted speed limits would be consistent with City street standards and subject to review and approval by the City Engineering Department. Sam's Club Planned Unit Development Ordinance December 14, 2005 Page 2 The City Council also agreed with City staff that an additional eastbound thru lane should be constructed from the Northwest Arterial to the new access to the Sam's Club development. The City Council concurred with staffs recommendation that the City would be responsible for the construction and right-of-way acquisition necessary to create this new eastbound thru lane, but that Wal-Mart Stores, Inc. would be financially responsible for all costs related to this improvement. The ordinance also includes that Wal-Mart Stores, Inc. would be responsible for all design work as approved by the City Engineer. The attached Sam's Club PUD Ordinance was revised to include the agreed upon changes. The PUD language shown in bold text is the same as previously considered at the City Council's November 21 at and December 5th meetings. At the writing of this memorandum, however, Wal-Mart Stores, Inc. has not agreed on the revised PUD Ordinance language or the cost of the additional east bound thru-Iane. City staff anticipates that by the December 19, 2005 City Council meeting, that Wal-Mart stores, Inc. will have made a decision on the eastbound thru lane and will either present their issues to the City Council at the December 19th meeting or will have signed the acceptance form for the Sam's Club PUD Ordinance. Additional ordinance changes recommended by City Legal staff that haven't been considered previously by the City Council are shown in crossed-out text and in blue underlined text. These changes are: ~ Section G. Performance Standards. has been revised to delete reference to a development agreement between the City, Wal-Mart Stores, QHQ Properties, Resurrection Church and Chuck Nauman. ~ Section G.1.a.2. has been modified with a $250,000 cost estimate and the method for Wal-Mart Stores to secure payment to the City for the new eastbound thru lane. Please contact me if you need additional information. Attachment Prepared by: Kyle L. Kritz, Associate Planner cc: Barry Lindahl, Corporation Counsel Tim O'Brien, Assistant City Attorney Cindy Steinhauser, Assistant City Manager Gus Psi hoyos, City Engineer i5UB~E ~<k.~ MEMORANDUM December 14, 2005 FROM: Michael C. Van Milligen, City Manager Laura Carstens, Planning Services Manager ~ TO: SUBJECT: Sam's Club PUD - Revised Ordinance INTRODUCTION The City Council has approved the first and second readings of a rezoning request by ARC Design Resources, Inc. from C-3 General Commercial to PUD Planned Unit Development District with a Planned Commercial designation to allow the development of a new Sam's Club at the northeast comer of the Northwest Arterial and Asbury Road. DISCUSSION The City Council reviewed the requested rezoning at the November 21, 2005 Council meeting. At that meeting, City staff reviewed several outstanding issues that had not been resolved, including: 1) Dedication of proposed north and south access roads to the City for public maintenance. 2) Construction of an additional eastbound thru lane on Asbury Road from the Northwest Arterial to the new entrance into the proposed Sam's Club. 3) Installation of intermediate landscape islands in the proposed Sam's Club parking lot. The applicant, Joe Altenhoff, ARC Design Resources, Inc., representing Wal-Mart Stores, Inc., indicated during his presentation that Wal-Mart Stores, Inc. would install intermediate parking lot islands in the Sam's Club lot as required. The City Council discussed the outstanding issues, and after closing the public hearing, indicated that the north and south access roads would remain as private roadways and also require that all pavement markings, street signage and posted speed limits would be consistent with City street standards and subject to review and approval by the City Engineering Department. Sam's Club Planned Unit Development Ordinance December 14, 2005 Page 2 The City Council also agreed with City staff that an additional eastbound thru lane should be constructed from the Northwest Arterial to the new access to the Sam's Club development. The City Council concurred with staff's recommendation that the City would be responsible for the construction and right-of-way acquisition necessary to create this new eastbound thru lane, but that Wal-Mart Stores, Inc. would be financially responsible for all costs related to this improvement. The ordinance also includes that Wal-Mart Stores, Inc. would be responsible for all design work as approved by the City Engineer. The attached Sam's Club PUD Ordinance was revised to include the agreed upon changes. The PUD language shown in bold text is the same as previously considered at the City Council's November 21al and December 5th meetings. At the writing of this memorandum, however, Wal-Mart Stores, Inc. has not agreed on the revised PUD Ordinance language or the cost of the additional east bound thru-Iane. City staff anticipates that by the December 19,2005 City Council meeting, that Wal-Mart stores, Inc. will have made a decision on the eastbound thru lane and will either present their issues to the City Council at the December 19th meeting or will have signed the acceptance form for the Sam's Club PUD Ordinance. Additional ordinance changes recommended by City Legal staff that haven't been considered previously by the City Council are shown in crossed-out text and in blue underlined text. These changes are: >> Section G. Performance Standards. has been revised to delete reference to a development agreement between the City, Wal-Mart Stores, QHQ Properties, Resurrection Church and Chuck Nauman. >> Section G.1.a.2. has been modified with a $250,000 cost estimate and the method for Wal-Mart Stores to secure payment to the City for the new eastbound thru lane. Please contact me if you need additional information. Attachment Prepared by: Kyle L. Kritz, Associate Planner cc: Barry Lindahl, Corporation Counsel Tim O'Brien, Assistant City Attorney Cindy Steinhauser, Assistant City Manager Gus Psihoyos, City Engineer Prepared by: Laura Carstens. City Planner Address: 50 W. 13th SI.. Ci~ Hall Telephone: 589-4210 Return to: Jeanne Schneider. City Clerk Address: City Hall. 50 W. 13 Street Telephone: 589-4121 ORDINANCE NO. 69 -05 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED NORTHEAST CORNER OF THE NORTHWEST ARTERIAL AND ASBURY ROAD FROM C-3 GENERAL COMMERCIAL DISTRICT TO PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PC PLANNED COMMERCIAL DESIGNATION AND ADOPTING A CONCEPTUAL DEVELOPMENT PLAN WITH CONDITIONS FOR SAM'S CLUB. 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 C-3 General Commercial District to PUD Planned Unit Development with PC Planned Commercial District, and adopting a conceptual development plan, a copy of which is attached to and made a part hereof, with conditions, for Sam's Club, for hereinafter described property as shown in Exhibit A, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. Pursuant to Iowa Code Section 414.5 (2003) and as an express condition of this zoning reclassification, the undersigned property owner agrees to the following conditions, all of which the property owner further agrees are reasonable and imposed to satisfy the public needs that are caused directly by this zoning reclassification. A. Definitions 1. Building-related features: Building-related features are defined as all constructed items which rise above the grade surface of the lot. These include: Ordinance No. Page 2 -05 a. b. c. d. e. The primary building All accessory or secondary buildings All exterior storage areas Exterior refuse collection areas Exterior mechanical equipment 2. Vehicle-related features: Vehicle-related features are defined as all areas used for the movement and parking of all vehicles within the lot. These include: a. Employee and visitor parking spaces b. Driveways from the street right-of-way line to and from parking spaces. c. Loading spaces outside of the building d. Maneuvering space and driveways to and from loading spaces. e. Parking spaces for company-owned commercial vehicles. f. Fire lanes 1. Open Space Features: Open space features are defined as those exterior areas and developed features of the lot. These include: a. Landscaped space containing lawn areas and plantings. b. Paved, hard-surfaced pedestrian areas such as walkways, plazas, entryways and courtyards. c. Surface storm water detention areas not otherwise used for building-related or vehicle-related purposes. d. Open recreation areas and recreational trail. e. Other non-building and non-vehicular related space. A. Use Regulations The following regulations shall apply to all land in the above-described PUD District: 1. Principal permitted uses shall be limited to: a. Retail sales/service [17] b. Supermarket [17] c. Indoor restaurant [20] d. Drive-in/carry-out restaurant [28[ e. Gas station [18] f. General offices [14] g. Automated gas station [18] h. Self-service carwash [8] i. Full-service carwash [8] [ ] Parking group - See section 4-2 of the Zoning Ordinance. Ordinance No. -05 Page 3 2. Conditional uses: None. 3. Accessory uses shall be limited to any use customarily incidental and subordinate to the principal use it serves. 4. Temporary uses shall be limited to any use listed as a permitted use within the PUD District of a limited duration, as established in Section2- 5.3 and as defined in Section 8 of the Zoning Ordinance. A. Lot and Bulk Regulations. Development of land in the PUD District shall be regulated as follows: 1. All building-related features, vehicle-related features and open space features of the retail center shall be located in substantial conformance with the attached conceptual plan. All final site development plans shall be approved in accordance with provisions of the PUD District regulations of this ordinance and of Section 3-5.5 of the Zoning Ordinance. D. Parking Regulations 1. All vehicle-related features shall be surfaced with either hot-mix asphalt or Portland cement concrete. 2. Curbing and proper surface drainage of storm water shall be provided. 3. All parking and loading spaces shall be delineated on the surfacing material by painting stripes and other permanent means. 4. The number, size and design of parking spaces shall be governed by applicable provisions of City of Dubuque Code of Ordinances in effect at the time of development of the lot. 5. The number, size, design and location of parking spaces designated for persons with disabilities shall be according to the local, state or federal requirements in effect at the time of development of the lot. 6. The location and number of private driveway intersections with public streets shall be established by the City of Dubuque. 7. Internal private roadways shall have pavement markings, signage and posted speed limits consistent with City street requirements, subject to review and approval by the City Engineering Department. Ordinance No. -05 Page 4 E. Landscaping Requirements 1. Plant Materials: The open space areas of the retail center shall be planted with permanent lawn and ground covers, such as shrubs and trees. It is the intent of these regulations that the development of required open spaces shall reflect a high quality of environmental design. The following provisions shall apply to the property: a. Landscape plans are required as part of submittals for site plan review. Landscape plans are to include type, number and size of proposed plantings. As a minimum, the submitted landscape plan should include the following: 1. Parking areas located adjacent to right-of-way shall be screened with a combination of trees, shrubs or berms to provide a landscape screening of 35% opacity and three feet in height within three years of planting. 2. Landscape islands shall be provided at the end of parking rows with intermediate islands provided for parking rows exceeding 20 spaces. 3. An evergreen screen shall be planted along the east property line adjacent to the Resurrection Church property. In addition, a fence shall be installed along this same property line similar to the existing fence along the east side of the Resurrection Church property. 2. All exposed soil areas remaining after the construction of building and vehicle-related features shall be planted with a permanent ground cover to prevent erosion. The required landscaping shall be installed within one year following completion of construction, or by the date that a building is issued an occupancy certificate by the Building Services Department of the City of Dubuque, whichever occurs first. 3. The owner shall replant any and all plant materials, which have died due to any cause during the effective period of this PUD Ordinance. F) Sign Regulations 1. Signage in the PUD District shall be limited to the following: a. Sam's Club Wall-mounted Signs: ~ Maximum size: No sign shall exceed 160 square feet, maximum of 600 square feet of wall-mounted signage. ~ Maximum number: unlimited ~ Maximum height: below eave or parapet Ordinance No. Page 5 -05 b. Sam's Club Freestanding Signs: ~ Maximum size: 150 square feet ~ Minimum number: one (1) freestanding sign ~ Maximum height: 35 feet Gas Station: Wall-mounted signs: ~ Maximum size: No sign shall exceed 45 square feet, maximum of 180 square feet of wall-mounted signage. ~ Maximum number: Four (4) canopy mounted signs. c. d. Directional Signs: ~ Maximum size: 6 square feet ~ Maximum number: unlimited ~ Maximum height: 10 feet 2. Variance requests from sign requirements for size, number and height shall be reviewed by the Zoning Board of Adjustment in accordance with Section 5-3 of the Zoning Ordinance. 3. Lighting: Signs may be illuminated only by means of indirect lighting whereby all lighting sources and devices are shielded from view by opaque or translucent materials or internally illuminated by means of a light source completely enclosed by the sign panel. 4. Motion: No signs may include any device or means, mechanical, electrical, or natural, which shall cause motion of the sign panel or any part thereof. No flashing lights or changing colors shall be allowed. 5. The provisions of Section 4-3 (Sign Regulations) of the Zoning Ordinance shall apply unless further regulated by this section. G. Performance Standards The development and maintenance of uses in this PUD district shall be established in conformance with Section 3-5.5 of the Zoning Ordinance and shall include the following additional standards: 1. Off-site Public Improvements to City and State Right-of-Way: Wal-Mart Stores, Inc. shall be responsible for the design, engineering, inspection and construction and all of the costs (except as otherwise stated herein) associated with the following off-site improvements: a. That roadway improvements to Asbury Road and the Northwest Arterial intersections, including platting and dedication of adequate right-of-way and relocation of affected existing utilities Ordinance No. -05 Page 6 as shown on attached conceptual plan. The following improvements are included: . Asbury Road shall be configured to have two westbound thru- lanes, a new right turn only lane serving the new commercial development, and a new right turn only lane at the intersection of the Northwest Arterial and Asbury Road, including any intersection and signal modifications at that intersection. . Asbury Road shall be configured with an additional eastbound thru-Iane from the Northwest Arterial/Asbury Road intersection to the new access serving the Sam's Club property. The City shall construct the additional eastbound thru-Iane according to prevailing City standards and specifications for such improvements, utilizing funds placed on deposit by Wal-Mart Stores, Inc. for that purpose under the terms of an escrow agreement to be entered into between Wal-Mart Stores, Inc., the City and a corporate trustee (selected by Wal-Mart Stores, Inc. and reasonably acceptable to the City) prior to the date of closing on the acquisition of the Sam's Club property. The escrow account shall be used to reimburse the City for all costs associated with the eastbound thru-Iane, including but not limited to the costs for land acquisition, design, engineering, construction and inspection; provided, however, that Wal-Mart Stores, Inc. shall not be obligated to deposit more than $250,000 in the escrow account, and the City shall not be obligated to use any other City funds for the purpose of constructing the eastbound thru-Iane in the event that the amount on deposit in the escrow account shall be insufficient for the purpose. The escrow agreement shall provide in substance that the account shall be accessible by the City upon notice to but without the consent of Wal-Mart Stores, Inc., and the escrow agreement shall otherwise be in a form acceptable to the City in all respects. Notwithstanding the foregoing, completion of the additional eastbound thru-Iane by the City shall not be a condition to issuance of any permits in connection with the development of the Sam's Club property. Further, the Wal-Mart Contribution shall represent the maximum liability of Wal-Mart to fund or participate in the cost of such improvements, including, but not limited to, any costs associated with easements or rights of way from third parties necessary to complete such improvements. . Signal and intersection design, construction and installation for the proposed new access to Asbury Road, including Ordinance No. -05 Page 7 interconnection of the new signal to the existing interconnect system at Northwest Arterial/Asbury Road and providing emergency pre-emption equipment and battery back-system similar to existing signals in the area. . Signal and intersection design and modification for the proposed access to the Northwest Arterial and Plaza Drive including any modifications to signal interconnect between the Northwest Arterial/Plaza Drive intersection and the Northwest Arterial/Asbury Road intersection and providing emergency pre-emption equipment and battery back-system similar to existing signals in the area. . Intersection design and construction for the proposed right- in/right out intersection with the Northwest Arterial located 1,000 feet north of the Northwest Arterial/Asbury Road intersection. b. Installation of sidewalks along the north side of Asbury Road right- of-way removed or damaged during construction. c. All off-site public improvements are subject to applicable City of Dubuque and Iowa Department of Transportation ("I DOT") review procedures, standards, regulations and construction practices. d. Wal-Mart shall, without charge to the City, upon completion of any public improvements contemplated herein, unconditionally give, grant, convey and fully dedicate such improvements to the City, its successors and assigns free and clear of all encumbrances. Such public improvements shall be inspected and approved by the City prior to acceptance in accordance with City Standards. Wal-Mart shall be responsible for any applicable inspection fees, provided that such fee shall not exceed 5% of the cost of such public improvements with no further City requirements for inspection of such improvements except as stated herein. All such improvements and perpetual maintenance thereof will be accepted by the City according to the City's standard specifications. 2. Off-site improvements to surrounding private property: Wal-Mart Stores, Inc. shall be responsible for the design, engineering, inspection and construction and all of the costs associated with the following: a. Improvements to property owned by the Church of the Resurrection: Ordinance No. -05 Page 8 . Upgrade the existing six-inch sanitary sewer line to eight-inch along the same approximate alignment through the church property. . Provide private roadway access as shown on attached conceptual plan on south side of Sam's Club Planned Unit Development District to provide Resurrection Church members access to new intersection on Asbury Road and closing the existing westernmost access to the church property. . Provide an access to the new private roadway serving the north side of the Sam's Club Planned Unit Development District to provide Resurrection Church members access to the Northwest Arterial and Plaza Drive. b. Improvements to property owned by aHa Properties: . Provide access to the new private roadway to owner(s) of out lots #1 and #2. The grade of the access drive shall not exceed five percent unless an alternate design is approved by the property owner. The design of the access shall be reviewed and approved, in writing, by the property owner(s) of said out lots prior to final approval of the Sam's Club site plan by the City of Dubuque. . Provide access via a new private roadway to property owned by aHa Properties on the north side of Sam's Club Planned Unit Development District in a manner acceptable to the property owner(s) of said property. The design of the access shall be reviewed and approved, in writing, by the property owner(s) of said property prior to final approval of the Sam's Club site plan by the City of Dubuque. . That sanitary sewer service or a sanitary sewer easement shall be extended through the Sam's Club Planned Unit Development District to serve aHa's property to the north and south in a manner acceptable to aHa Properties and the City of Dubuque. . That grading of out lots #1 and #2 shall occur concurrently with the grading of the Sam's Club property to facilitate access and utility service. c. Improvements to property owned by Chuck Nauman: Ordinance No. -05 Page 9 . Provide access to the new private roadway from property owned by Chuck Nauman. The grade of the access drive shall not exceed five percent unless an alternate design is approved by the property owner. The design of the access shall be reviewed and approved, in writing, by the owner of said property prior to final approval of the Sam's Club site plan by the City of Dubuque. . That sanitary sewer service or a sanitary sewer easement shall be extended through the Sam's Club Planned Unit Development District to serve Chuck Nauman's property in a manner acceptable to the property owner and the City of Dubuque. . That grading of Chuck Nauman's property shall occur concurrently with the grading of the Sam's Club Planned Unit Development property to facilitate access and utility services. In the event that development of the Nauman property is delayed, Wal-Mart Stores, Inc. may proceed with site grading independent of the grading of Chuck Nauman's property. 3. Site Lighting: a. Exterior illumination of the site features shall be limited to the illumination of the following: 1. Parking areas, driveways and loading facilities. 2. Pedestrian walkway surfaces and entrances to the building. 3. Screened storage areas. 4. Building exterior. b. Location and Design: 1. All exterior lighting fixtures shall be designed and installed to shield lighting at angles above 72 degrees from vertical. 2. A lighting plan shall be included as part of the site plan submittal that indicates types of lights used and ground light pattern for lighting of building and parking-related features. 3. Fixtures mounted on a building shall be positioned no higher than the roofline of the building. 4. Wooden utility-type poles are acceptable only for temporary use during construction. Ordinance No. -05 Page 10 5. All electrical service lines to posts and fixtures shall be underground or concealed inside the posts. 4. Exterior Trash Collection Areas: a. The storage of trash and debris shall be limited to that produced by the principal permitted use and accessory uses of the lot. b. The ground area coverage of exterior trash collection areas shall be the area contained inside the required screening and this area shall be considered a building-related feature for purposes of calculating total land area coverages. c. Exterior trash collection area shall be located in rear or side yards only. d. All exterior trash collection areas and the material contained therein shall be visually screened from view. The screening shall be completely opaque fence, wall or other feature not exceeding a height of 10 feet measured from the ground level outside the line of the screen. Screens built on sloping grades shall be stepped so that their top line shall be horizontal. All exterior entrances to a screened trash area shall be provided with a gate or door of similar design to that of the screen. 5. Other Codes and Regulations a. Service Lines: All electrical telephone, cable or other similar utility lines serving the building and other site features shall be located underground. b. Final site development plans shall be submitted in accordance with section 4-4 of the Zoning Ordinance prior to construction of each building and vehicle-related features unless otherwise exempted by Section 4-4. c. Outdoor sales are regulated through the temporary use permit process. d. The use of semi-trailers and shipping containers for storage is prohibited. e. These regulations do not relieve the owner from other applicable city, county, state or federal codes, regulations, laws and other controls relative to the planning, construction, operation and management of property within the City of Dubuque. Ordinance No. -05 Page 11 H. 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 lessee acknowledges awareness of and agrees to comply with the conditions authorizing the establishment of the PUD District. I. Modifications Any modifications of this Ordinance must be approved by the City Council in accordance with zoning reclassification proceedings of Section 6 of the Zoning Ordinance. J. Occupancy No certificate of occupancy ("CO") shall be issued by the City of Dubuque for the property until full compliance with this Ordinance has been achieved provided, however, that the City may issue a temporary CO which shall allow for the operation of structures located thereon, in preparation of opening a retail facility, including, but not limited to the installation of fixtures and stocking and staffing of the facility, and the City may, in its sole discretion, amend such temporary CO as it determines necessary for the operation of a retail facility pending completion of landscaping or such other outstanding requirements for the final CO as deemed reasonable by the City of Dubuque. K. Recording A copy of this ordinance shall be recorded at the expense of the property owner(s) with the Dubuque County Recorder as a permanent record of the conditions accepted as part of this reclassification approval within 60 days after the adoption of this ordinance. This ordinance shall be binding upon the undersigned and his/her heirs, successors and assigns. Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 4. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this19th day of December 2005. Ordinance No. -05 Page 12 Attest: 12/19/2005 14:29 5635575936 DUBUQUE PODIATRY Dee 19 05 12'51~ Pla~ftinc S.~vic.s SG3S8 4221 ACCEPTANCE OF ORDINANCE NO. 69 - 05 I, Tim Quagllano. representing QHQ Properties, read the lenns and conditions of the foregoing OrdinallQ8 No. familiar with the conditions thereof. hereby aocept this sa conditions requil'l!ld therein. Oaled in Dubuque. Iowa this 19 t h day of PAGE 82 ,..12 operty owner, having 69 -OS and being and agree to the 2005. By . ACCEPTANCE OF ORDINANCE NO. 69 - 05 I, MIchael E. Gardner, Regional Vice President of Real Estate & Design representing Wal-Mart Stores, Inc., purchaser, having read the terms and conditions of the foregoing Ordinance No. 69 -05 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated In Dubuque, Iowa this 19 t h day of December 2005. By Michael. er Regional Vice President of Real . Estate & Design :;~~IY Wal.Mart Legalli a Date: O~\~'- PREPARED BY BUESING & ASSOCIA1(S ADDRESS: 1212 LOCUST STREET DUBUQUE IOWA S2OO1 PfoIONE' ~5J 555-4:\39 EXHIBIT "A" PROPOSED PUD FOR SAM'S CLUB SCALE 1" == , 0' 100' 200' , 200' i' /,f <,,> -:tcl:...~" "J!' "I" -> lOT 2_'_'_1 ""'/4S"'/' SEe.'s (C-3) lO.'_l ""'/4SOIl/4 SEC,'~ cc '" , $"WI...... lOI'_l_2_J S"'/.SW1/. SEC.'6 lor'-2-1 SW1/4S..../. SECl$ (C-3) .lSBURYIlOAO lNO........L>} lOT'''CI<lr.<J!W N...../. SEC,21 P,O.6 (e-J) """" PROPERlVUNE PrRIW€ro< POINT Of6EClNNING AA€AroMWC_J SHEET TITLE <;( ~ EXHIBIT "A" PROPOSED PUO 'OR SAM'S CLUB PROJECT NO. 05115 PREPARED FOR' ARC DESlGN RESOURCES,NC. '475 S. PERRYVIllE ROAD ROCKFORD,Il51108 G,...\"'_\OIIl15""H.H'..,..........ElIHL"~..'WSI2DDS..''''L4l....._.'-'>o. 1.1.1.. & Bound. D..crlplio" olin. oroo 10 b. 2on.d PUO Comm.,oiollor tho Con.uucli"" 01 0 n." S<lm'. Club, B.in~ 0 port 01 lot 2-1-'-1-1-1 01 th,SW'/'01tnoSWlj'ofSecli",,15,T89N,R2E,SthP,o.I,ondport01 lot 1 of S<l1.o~SoLo. Ploc. No.2 011 in Ih. Cily of o..buqoe, Ouboqu. Couoty, '0"0 more portlC<Jlo~y desc"b.d o. follow", Comm.nci"~ 01 tn. North.o.1 coro..- ot lol 2 ot Sal.o-S<l'a. Ploc. No.2, ,oid polol D.'og tho Point of B.~lnnlog TIlMc.SoutnIl60........49'-20.Eo.IOd;.tooo.of59L29f..llolh. W.,llioeofloI1-2-1-10flh.SWJ'SW14S.ctloo15,T89N.R2E; Th.nc.Soulh.ooO.....e..2S.-.0.W..lalongth.W..lli"eof.a;dlot 1-2-1-1 a d13lonc. of 212.SB f..l 10Ih.N",ln C"'M,ofLoI2_1_1_1 of Ih. 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Th. p"'po.. of th;. d.,cdpli"" ;. to pro.id. 0 ."";n~ bou"<Io'y fo' tho porpO'.Of'..""..gooda1i.ld...r"'yOfthep,,,,,..-tylob.poronO!Mdby WoI-I.Iorl f", OMw Som'. .1",. w;1I h. prO"'d.d 0.0 pa't ola SuDdl...;"" OLol Ihol "WI D' comol.t.d ol 0 tulur. time Sl;C, '6. 18~N. ~2E i'-- SEC,2.'.ll19N.Rl[ """ I, ALL MEASUREo.IENTSARE IN FEn AND OEaMALS lHEROF 2, IF THIS PLAT OOCS NOT HAVE A SURVEYOR'S SIGNATURE IN PURPLE 'N~. n IS A COf'Y THAl MAY CONTAtN UNAUTHORIZED ALTERATIONS, THECERTIFICATIONCONTAINEO ON TH'S PLAT SHALL NOT AOPLY TO ANY COPIES ,.",\,,\\\\\~t:~JI1}fll"'0 ~~<;) ....... ~c;~ I~.<ENNETH :....t\ ~:J: BUESING \~......~O.Z:~......o/ >'/>'/IIJ"I/I~!~t~I'~\\\\\\\"'~ I t-fEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS PREPARED ANO THE RELATED SURVEY wo.<l~ WAS PERFORo.IEDBYMEORUNOERo.IYOIRECTPERSONAL SUPERVlSlON ANO TfiATI oW A OUlYUCENSEO LAND SURVE UNDER THE LAWS OF TKE STA1(OF IOWA 5'D-. -'5 . (OATE) KNNETHL,8UESING LICENSENUMBER:1D272 MY UCENSE RENEWAL DATE IS OEcto.l6ER 31. 2005 a\lsl5!SII~G KIIGIHK~RS AND $UJ<VKITJJ<S ""'OCV$T",~'" 1$"1"._4'" DATE 11/30/05 SCALE: ," ~ 200' DRAWN BY ," CHECKED BY KLB REVISIONS 12/5/05 /71/0 12/14/05 Chuck Nauman 800 Kane Street Dubuque, IA 52001 Members of the City Council; I would like to address my concerns about the rezoning of QHQ/ Wal-Mart Stores site from C-3 to a PUD District. I am not opposed to this rezoning. However, after reviewing the situation with respect to the City's desire for the access road from Asbury to Wal-Mart's Sam's Club and the adjoining properties including my property at 4616 Asbury Road to be private, I realize that this will place a substantial liability on me. I should not be expected to move my access from Asbury Road to the proposed private road and accept the liability for whatever may occur on that road. I believe that the access road from Asbury Road to Sam's Club should be a city street. If the road is to be private, I will need to be protected from any liability from any issues that may arise in the future. Sinferely, l)jJ~~i:JA-- 'Chuck ~~man DD~~E ~<k~ MEMORANDUM December 12, 2005 FROM: Michael C. Van Milligen, City Manager Laura Carstens, Planning Services Manager ,~ SUBJECT: Planned Unit Development Districts with Public Streets TO: INTRODUCTION This memorandum provides information on three planned unit development (PUD) districts that are served by public streets within the PUD. The Westmark PUD located at the southwest corner of the Northwest Arterial and Pennsylvania Avenue, approved in 1991, the Medical Associates PUD located east of the Northwest Arterial and Chavenelle Road, approved in 1994, and Plastic Center, Inc. PUD located at the southeast corner of the Northwest Arterial and Asbury Road, approved in 2001. DISCUSSION Both Medical Associates and Westmark PUDs are currently developed with some vacant land yet to be developed. Both these PUDs are served by public streets that run through the development and connect with adjacent public street system. Plastic Center lnc.'s PUD was approved in 2001, but, to date, has not begun development. The conceptual plan provided for extensions of existing City streets from the surrounding residential areas through the residential portion of the development. Approximately 80 acres of the 160 acre site is designated for commercial development. Access to the commercial area is shown with two accesses on the Northwest Arterial and one access on Asbury Road. Neither the conceptual plan nor the adopted PUD ordinance establish whether these streets within the commercial area will be public or private. This issue will have to be decided at the time when a detailed site development plan is submitted for review and approval. Please review the information in this memorandum and contact me if you need additional information or clarification. Prepared by: Kyle Kritz, Associate Planner cc: Gus Psihoyos, City Engineer i5~~%duE ~<k.~ MEMORANDUM November 17, 2005 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Review of Traffic Impact Study Sam's Club Development IA 32 (Northwest Arterial) at Asbury Road The proposal presented by Wal-Mart for the Sam's Club development does not include a second eastbound lane on Asbury Road between the Northwest Arterial and their signalized access intersection. It is the recommendation of the Engineering Department to extend dual eastbound lanes from Asbury Road at the Northwest Arterial through the proposed intersection serving Sam's Club at Asbury Road. The current proposal by ARC Design, Inc. allows for only a single eastbound through lane along this section of Asbury Road. The addition of a second eastbound through lane would greatly reduce the delay and storage issues that are present along Asbury Road between Holliday Drive and the Northwest Arterial. Sam's Club also would like the City to take over the two access roads to the site, one off the Northwest Arterial and one off of Asbury Road, as public streets. The City of Dubuque has seven major commercial plazas zoned Planned Unit Development with a PC Planned Commercial Development designation and only one, Asbury Plaza, has a public street serving individual businesses. Most of the Asbury Plaza streets are private, but one is public because it serves a substantial amount of property outside of the development and will eventually connect to Derby Grange Road. They are also objecting to the installation of landscape islands in their parking lots. Recent commercial developments, like Asbury Plaza and the Port of Dubuque, have been required to install landscape islands. I respectfully request Mayor and City Council approval to require the additional eastbound lane, landscape islands in the parking lots, and to leave the entry roads as private streets. (J1J ~/J;IJL Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Gus Psihoyos, City Engineer Laura Carstens, Planning Services Manager " D~~~E ~ck~ MEMORANDUM November 16, 2005 SUBJECT: Michael C. Van Milligen, City Manager Gus Psihoyos, City Engineer ~ Review of Traffic Impact Study Sam's Club Development IA 32 (Northwest Arterial) at Asbury Road TO: FROM: INTRODUCTION The following is a review of the traffic impact study for the proposed Sam's Club development in the northeast quadrant of the intersection of IA 32 (Northwest Arterial) and Asbury Road. BACKGROUND The proposed 18-acre development will include Sam's Club (135,000 square feet) and a gas station with 12 fueling positions, scheduled for completion in the fall of 2006. The submitted Traffic Impact Study includes adjacent property already zoned C-3 General Commercial which increases the area included in the traffic study to 29 acres. There will be three access points: 1. A south entrance on Asbury Road 800 feet east of the Northwest Arterial/Asbury Road intersection. The south entrance on Asbury Road matches up with street access for the Plastic Center Planned Unit Development that was submitted in 2000. 2. A right-in/right-out access on the Northwest Arterial is proposed opposite the existing right-in/right-out access for Asbury Plaza. Both intersections are 1,000 feet north of the Northwest Arterial/Asbury Road intersection. 3. A north entrance on the Northwest Arterial is proposed that will connect with the existing signal at Plaza Drive. This intersection was originally designed in 2004 to accommodate a fourth leg to the intersection. Page 2 November 16, 2005 The commercial corridor of the Northwest Arterial and Asbury Road has experienced rapid growth in the last five years. Currently there are three studies underway to improve this traffic flow: . A traffic signal warrant study for Holliday Drive and the Northwest Arterial. This proposed signal will help off-load northbound left turning traffic onto Asbury Road. There is also a project underway to add a northbound left-turn lane at Holliday Drive and Asbury Road. . The Iowa Department of Transportation has retained the consulting firm of HDR to conduct a Northwest Arterial Operations Study. This study extends the entire length of the corridor and is similar to a study they conducted along US 20 prior to the recent improvements along that corridor. HDR has reviewed the Sam Club's traffic impact study and their comments have been incorporated into comments submitted to ARC Design who developed the Traffic Impact Study for Sam's Club, by the City. . The City of Dubuque will be conducting an east/ west corridor study this winter. The purpose of this study is to find alternate east/west corridors so that vehicular traffic is less dependent on US 20 for intercity traffic and to improve the existing corridors. DISCUSSION The study predicts the initial year (2006) will generate approximately 6,135 total daily trips and 11,401 total daily trips where development adjacent to existing commercially zoned land is completed in 2011. The traffic impact scope analyzed each of the following four intersections at three separate time periods for Intersection Levels of Service (LOS): 1. Asbury Road/Holliday Drive. 2. Asbury Road/Northwest Arterial. 3. Northwest Arterial/Plaza Drive. 4. Asbury Road/John F. Kennedy Road. The study found that significant increases to the length of the turning-lane storage are needed at: . Asbury Road/Holliday Drive: Both eastbound and westbound left-turn storage. . Asbury Road/Northwest Arterial: Eastbound left-turn storage. . Asbury Road/John F. Kennedy Road: Eastbound left-turn storage issues. (This enhancement may not be a direct impact from this proposed development.) Page 3 November 16, 2005 It was also recommended that traffic signals be installed at the proposed south entrance to Asbury Road and that the signal be interconnected with existing signals at the Northwest Arterial and Holliday Drive for improved traffic progression. Based on ARC Design's review of the current site plan, the capacity issues along Asbury Road can be improved by: Northwest Arterial at Asburv Road . Creating dual westbound lanes on Asbury Road for additional storage starting near the Church of the Resurrection property. . Changing the current westbound through/right lane into a dedicated through lane and building a new exclusive right-turn lane on Asbury Road. Asburv Road at Sam's Club South Entrance . Installing a new signalized intersection that will be interconnected to the Northwest Arterial signal system. This will be designed to accommodate a future fourth leg serving the Plastic Center development to the south. . Creating a dedicated westbound right-turn lane into the development. . Providing Church of the Resurrection access to this signalized intersection. Northwest Arterial at Plaza Drive . Build a fourth leg to this intersection that will give Sam's Club, the future development of commercial property owned by QHQ Properties, and the Church of the Resurrection access from the north side of the development. . This north entrance will have dedicated left, through lane and right-turn lanes to accommodate future development of the commercial lots and access to the Church of the Resurrection. RECOMMENDATIONS The proposed roadway and intersection changes associated with the Sam's Club development should diminish many of the existing storage issues for westbound traffic at the Northwest Arterial/Asbury Road intersection. It is the recommendation of the Engineering Department to extend dual eastbound lanes from Asbury Road at the Northwest Arterial through the proposed intersection serving Sam's Club at Asbury Road. The current proposal by ARC Design, Inc. allows for only a single eastbound through lane along this section of Asbury Road. The addition of a second eastbound through lane would greatly reduce the delay and storage issues that are present along Asbury Road between Holliday Drive and the Northwest Arterial. The City of Dubuque is currently investigating the feasibility of building a dedicated eastbound right-turn lane on Asbury Road between Holliday Drive and the Northwest Arterial. Page 4 November 16,2005 CONCLUSION Based on available information, the Engineering Department feels that the proposed Sam's Club development and the anticipated traffic can be accommodated by an additional eastbound through lane from the Northwest Arterial to the new Asbury Road access, along with the outlined roadway system and signal improvements in the traffic impact study, conceptual plan, and this memo. cc: Laura Carstens, Planning Services Manager Kyle Kritz, Planning Services David Ness, PE ffi~~E ~<k~ MEMORANDUM TO: FROM: Michael C. Van Milligen, City Manager Gus Psihoyos, City Engineer -yO. Kyle L. Kritz, Associate Planne~1.~ SUBJECT: Private Drives within existing Commercial Plazas INTRODUCTION The proposed development of a new Sam's Club discount store on the northeast corner of the Northwest Arterial and Asbury Road includes the dedication by the developer to the City of two proposed cul-de-sac streets. This memorandum reviews existing commercial plazas in the City of Dubuque that are served only by private roadways and the concerns of City staff regarding the acceptance of the proposed public streets in the Sam's Club development. DISCUSSION The City of Dubuque has seven major commercial plazas zoned PUD Planned Unit Development with a PC Planned Commercial designation: ~ Warren Plaza (Target, Hy-Vee) ~ Wacker Plaza (Advanced Auto Parts, Blockbuster Video) ~ Kennedy Mall ~ Asbury Plaza (Hy-Vee, Kohl's, Star Cinema) ~ Plaza 20 (K-Mart) ~ Wal-MarULowe's ~ Key Gate Center (Dairy Queen, Lincoln True Value Hardware) All the commercial plazas, except Asbury Plaza, do not have any public streets serving the individual businesses within the commercial development. Asbury Plaza have a public street, Plaza Drive. However, Plaza Drive will serve property outside of the Asbury Plaza development and will eventually connect to Derby Grange Road to the northwest. City staff have concerns about the acceptance of the two proposed cul-de-sac streets in the Sam's Club development. They would not have the same high priority as Asbury Road or the Northwest Arterial in terms of snow and ice removal. Also, the proposed Private Drives within existing Commercial Plazas November 16, 2005 Page 2 cul-de-sacs on the north and south sides of the proposed Sam's Club development will only serve a few other properties and will not be extended beyond the development itself. Public streets are already provided in adjoining developments of Resurrection Church or Harvest View Estates. RECOMMENDATION City staff recommends that the proposed cul-de-sac streets for the Sam's Club development be constructed and maintained as private streets and not dedicated to or accepted by the City. KLKlmkr D~~%duE ~<k.~ MEMORANDUM November 16, 2005 FROM: Michael Van Milligen, City Manager Laura Carstens, Planning Services Manager~ TO: SUBJECT: Parking Lot Landscaping Requirements for Sam's Club PUD INTRODUCTION Wal-Mart Stores, Inc. is proposing construction of a new Sam's Club at the northeast corner of the Northwest Arterial and Asbury Road. As part of the PUD (Planned Unit Development) Ordinance for the project, landscaped islands are required at the end of parking rows as well as intermediate islands to break up long rows of parking that exceed 20 spaces in length. . Wal-Mart Stores, Inc. is objecting to the requirement for intermediate islands because the proposed Sam's Club is at the corporation's minimum parking ratio of 4.78 spaces per 1,000 square feet of floor area. The City's Zoning Ordinance requires four spaces per 1,000 square feet of floor area for retail businesses. DISCUSSION The draft PUD Ordinance for the Sam's Club project includes the requirement that intermediate islands be placed in rows of parking spaces that exceed 20 spaces in length. Recent commercial projects, such as Asbury Plaza and the Port of Dubuque, have been required to install these types of islands to help soften the impact of large paved areas. The Port of Dubuque Design Standards require landscaped islands at the ends of rows and every 12th stall. The requirement for intermediate islands is not part of the City's Zoning Ordinance; however, the PUD section of the Zoning Ordinance indicates that conditions may be required to protect and promote the best interest of the surrounding properties or the neighborhood. Planning staff believes that because of the size and scale of the proposed project, intermediate islands are appropriate for this project. This issue was not raised at the Zoning Advisory Commission meeting on November 2, 2005, so staff has provided this memorandum to provide additional background on this issue for the City Council meeting on November 21, 2005. If you have any questions or require further information, please contact me at your earliest convenience. KLKlmkr Dli~~E ~ck~ MEMORANDUM December 5, 2005 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Action Item #1 - Proposed Sam's Club PUD Ordinance The City Council is scheduled to take action on the proposed Sam's Club PUD (Planned Unit Development) ordinance at their December 5, 2005 meeting as Action Item #1. The City Council gave a first reading only to the PUD ordinance, with several recommended changes, at their November 21, 2005 meeting. A revised ordinance has been submitted to the City Council for consideration; however, Planning Services Manager Laura Carstens advises that City staff still has a number of unresolved issues with Sam's Club representatives regarding this PUD. To allow sufficient time for Planning, Engineering and Legal staff to resolve these issues with Sam's Club representatives, staff recommends that the City Council give only a second reading to the original PUD ordinance, with the recommended changes, at their December 5, 2005 meeting. A final draft PUD ordinance will be presented to the City Council at their December 19, 2005 meeting that we anticipate will have these outstanding issues resolved. /u &'>1 /l/(L Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Tim O'Brien, Assistant City Attorney Laura Carstens, Planning Services Manager Kyle Kritz, Associate Planner D~B~E ~<k~ MEMORANDUM December S, 200S TO: FROM: Michael Van Milligen, City Manager Laura Carstens, Planning Services Managel-~ SUBJECT: Action Item #1 .- Proposed Sam's Club PUD Ordinance The City Council is scheduled to take action on the proposed Sam's Club PUD (Planned Unit Development) ordinance at their December S, 200S meeting as Action Item #1. The City Council gave a first reading only to the PUD ordinance, with several recommended changes, at their November 21, 200S meeting. A revised ordinance has been submitted to the City Council for consideration; however, City staff still has a number of unresolved issues with Sam's Club representatives regarding this PUD. To allow sufficient time for Planning, Engineering and Legal staff to resolve these issues with Sam's Club representatives, staff recommends that the City Council give only a second reading to the original PUD ordinance, with the recommended changes, at their December S, 200S meeting. A final draft PUD ordinance will be presented to the City Council at their December 19, 200S meeting that we anticipate will have these outstanding issues resolved. cc Barry Lindahl, Corporation Counsel Jeanne Schneider, City Clerk Tim O'Brien, Assistant City Attorney Kyle Kritz, Associate Planner .-.1 } ~ - - + j rOllowlng conoltlons, all OT wmcn me propellY uw".., 'UIl"'" "!:I":":;;' ".'" ,"',,"'v,,"v,'" ~"y imposed to satisfy the public needs that are caused directly by this zoning reclassification. A. Definitions 1. Building-related features: Building-related features are defined as all constructed items which rise above the grade surface of the lot. These include: B. Use Regulations The following regulations shall apply to all land in the above-described PUD District: 1. Principal permitted uses shall be limited to: a. Retail sales/service [17] b. Supermarket [17] c. Indoor restaurant [20] d. Drive-in/carry-out restaurant [28[ e. Gas station [18] f. General offices [14] g. Automated gas station [18] h. Self-service carwash [8] i. Full-service carwash [8] [ ] Parking group - See section 4-2 of the Zoning Ordinance. at the time 'of development of the-loC S. The number, size, design and location of parking spaces designated for persons with disabilities shall be according to the local, state or federal requirements in effect at the time of development of the lot. 6. The location and number of private driveway intersections with public streets shall be established by the City of Dubuque. 7. Internal private roadways shall have pavement markings, signage and posted speed limits consistent with City street requirements, subject to review and approval by the City Engineering Department Ordinance No. -05 Page 4 E. Landscaping Requirements 1. Plant Materials: The open space areas of the retail center shall be planted with permanent lawn and ground covers, such as shrubs and trees. It is the intent of these regulations that the development of required open spaces shall reflect a high quality of environmental design. The following provisions shall apply to the property: a. Landscape plans are required as part of submittals for site plan review. Landscape plans are to include type, number and size of proposed plantings. As a minimum, the submitted landscape plan should include the following: 1. Parking areas located adjacent to right-of-way shall be screened with a combination of trees, shrubs or berms to provide a landscape screening of 35% opacity and three feet in height within three years of planting. 2. Landscape islands shall be provided at the end of parking rows with intermediate islands provided for parking rows exceeding 20 spaces. 3. An evergreen screen shall be planted along the east property line adjacent to the Resurrection Church property. In addition, a fence shall be installed along this same property line similar to the existing fence along the east side of the Resurrection Church property. 2. All exposed soil areas remaining after the construction of building and vehicle-related features shall be planted with a permanent ground cover to prevent erosion. The required landscaping shall be installed within one year following completion of construction, or by the date that a building is issued an occupancy certificate by the Building Services Department of the City of Dubuque, whichever occurs first. 3. The owner shall replant any and all plant materials, which have died due to any cause during the effective period of this PUD Ordinance. F) Sign Regulations 1. Signage in the PUD District shall be limited to the following: a. Sam's Club Wall-mounted Signs: ~ Maximum size: No sign shall exceed 160 square feet, maximum of 600 square feet of wall-mounted signage. ~ Maximum number: unlimited Ordinance No. -05 Page 5 }> Maximum height: below eave or parapet b. Sam's Club Freestanding Signs: }> Maximum size: 150 square feet }> Minimum number: one (1) freestanding sign }> Maximum height: 35 feet c. Gas Station: Wall-mounted signs: }> Maximum size: No sign shall exceed 45 square feet, maximum of 180 square feet of wall-mounted signage. }> Maximum number: Four (4) canopy mounted signs. d. Directional Signs: }> Maximum size: 6 square feet }> Maximum number: unlimited }> Maximum height: 10 feet 2. Variance requests from sign requirements for size, number and height shall be reviewed by the Zoning Board of Adjustment in accordance with Section 5-3 of the Zoning Ordinance. 3. Lighting: Signs may be illuminated only by means of indirect lighting whereby all lighting sources and devices are shielded from view by opaque or translucent materials or internally illuminated by means of a light source completely enclosed by the sign panel. 4. Motion: No signs may include any device or means, mechanical, electrical, or natural, which shall cause motion of the sign panel or any part thereof. No flashing lights or changing colors shall be allowed. 5. The provisions of Section 4-3 (Sign Regulations) of the Zoning Ordinance shall apply unless further regulated by this section. G. Performance Standards The development and maintenance of uses in this PUD district shall be established in conformance with Section 3-5.5 of the Zoning Ordinance and the following additional standards: 1. Off-site Public Improvements to City and State Right-of-Way: Wal-Mart Stores, Inc. shall be responsible for the design, engineering, inspection and construction costs associated with the following off-site improvements: a. That roadway improvements to Asbury Road and the Northwest Arterial intersections, including platting and dedication of adequate right-of-way and relocation of affected existing utilities Ordinance No. -05 Page 6 adequate right-of-way and relocation of affected existing utilities as shown on attached conceptual plan. The following improvements are included: . Asbury Road shall be configured to have two westbound thru- lanes, a new right turn only lane serving the new commercial development, and a new right turn only lane at the intersection of the Northwest Arterial and Asbury Road, including any intersection and signal modifications at that intersection. . Asbury Road shall be configured with an additional eastbound thru-Iane from the Northwest Arterial/Asbury Road intersection to the new access serving Sam's Club. The City shall construct the additional eastbound thru lane and Wal-Mart Stores, Inc. shall reimburse the City for all costs, upon completion of such construction and within 30 days of receipt of a statement from the City for such costs. . Signal and intersection design, construction and installation for the proposed new access to Asbury Road, including interconnection of the new signal to the existing interconnect system at Northwest Arterial/Asbury Road. . Signal and intersection design and modification for the proposed access to the Northwest Arterial and Plaza Drive including any modifications to signal interconnect between the Northwest Arterial/Plaza Drive intersection and the Northwest Arterial/Asbury Road intersection. . Intersection design and construction for the proposed right- in/right out intersection with the Northwest Arterial located 1,000 feet north of the Northwest Arterial/Asbury Road intersection. b. Installation of sidewalks along the north side of Asbury Road right- of-way removed or damaged during construction. c. All off-site public improvements are subject to applicable City of Dubuque and Iowa Department of Transportation review procedures, standards, regulations and construction practices. 2. Off-site improvements to surrounding private property: Wal-Mart Stores, Inc. shall be responsible for the design, engineering, inspection and construction costs associated with the following: a. Improvements to property owned by the Church of the Resurrection: Ordinance No. -05 Page 7 . Upgrade the existing six-inch sanitary sewer line to eight-inch along the same approximate alignment through the church property. . Provide private roadway access as shown on attached conceptual plan on south side of Sam's Club Planned Unit Development District to provide Resurrection Church members access to new intersection on Asbury Road and closing the existing westernmost access to the church property. . Provide an access to the new private roadway serving the north side of the Sam's Club Planned Unit Development District to provide Resurrection Church members access to the Northwest Arterial and Plaza Drive. b. Improvements to property owned by aHa Properties: . Provide access to the new private roadway to owner(s) of out lots #1 and #2. The grade of the access drive shall not exceed five percent unless an alternate design is approved by the property owner. The design of the access shall be reviewed and approved, in writing, by the property owner(s) of said out lots prior to final approval of the Sam's Club site plan by the City of Dubuque. . Provide access via a new private roadway to property owned by aHa Properties on the north side of Sam's Club Planned Unit Development District in a manner acceptable to the property owner(s) of said property. The design of the access shall be reviewed and approved, in writing, by the property owner(s) of said property prior to final approval of the Sam's Club site plan by the City of Dubuque. . That sanitary sewer service or a sanitary sewer easement shall be extended through the Sam's Club Planned Unit Development District to serve aHa's property to the north and south in a manner acceptable to aHa Properties and the City of Dubuque. . That grading of out lots #1 and #2 shall occur concurrently with the grading of the Sam's Club property to facilitate access and utility service. c. Improvements to property owned by Chuck Nauman: Ordinance No. -05 Page 8 . Provide access to the new private roadway from property owned by Chuck Nauman. The grade of the access drive shall not exceed five percent unless an alternate design is approved by the property owner. The design of the access shall be reviewed and approved, in writing, by the owner of said property prior to final approval of the Sam's Club site plan by the City of Dubuque. . That sanitary sewer service or a sanitary sewer easement shall be extended through the Sam's Club Planned Unit Development District to serve Chuck Nauman's property in a manner acceptable to the property owner and the City of Dubuque. . That grading of Chuck Nauman's property shall occur concurrently with the grading of the Sam's Club Planned Unit Development property to facilitate access and utility services. In the event that development of the Nauman property is delayed, Wal-Mart Stores, Inc. may proceed with site grading independent of the grading of Chuck Nauman's property. 3. Site Lighting: a. Exterior illumination of the site features shall be limited to the illumination of the following: 1. Parking areas, driveways and loading facilities. 2. Pedestrian walkway surfaces and entrances to the building. 3. Screened storage areas. 4. Building exterior. b. Location and Design: 1. All exterior lighting fixtures shall be designed and installed to shield lighting at angles above 72 degrees from vertical. 2. A lighting plan shall be included as part of the site plan submittal that indicates types of lights used and ground light pattern for lighting of building and parking-related features. 3. Fixtures mounted on a building shall be positioned no higher than the roofline of the building. 4. Wooden utility-type poles are acceptable only for temporary use during construction. Ordinance No. -05 Page 9 5. All electrical service lines to posts and fixtures shall be underground or concealed inside the posts. 4. Exterior Trash Collection Areas: a. The storage of trash and debris shall be limited to that produced by the principal permitted use and accessory uses of the lot. b. The ground area coverage of exterior trash collection areas shall be the area contained inside the required screening and this area shall be considered a building-related feature for purposes of calculating total land area coverages. c. Exterior trash collection area shall be located in rear or side yards only. d. All exterior trash collection areas and the material contained therein shall be visually screened from view. The screening shall be completely opaque fence, wall or other feature not exceeding a height of 10 feet measured from the ground level outside the line of the screen. Screens built on sloping grades shall be stepped so that their top line shall be horizontal. All exterior entrances to a screened trash area shall be provided with a gate or door of similar design to that of the screen. 5. Other Codes and Regulations a. Service Lines: All electrical telephone, cable or other similar utility lines serving the building and other site features shall be located underground. b. Final site development plans shall be submitted in accordance with section 4-4 of the Zoning Ordinance prior to construction of each building and vehicle-related features unless otherwise exempted by Section 4-4. c. Outdoor sales are regulated through the temporary use permit process. d. The use of semi-trailers and shipping containers for storage is prohibited. e. These regulations do not relieve the owner from other applicable city, county, state or federal codes, regulations, laws and other controls relative to the planning, construction, operation and management of property within the City of Dubuque. Ordinance No. Page 10 -05 . r__~S.f' =.. .J......././<::?~O'~ _.:L'--G--C""',4.(.' /</" ) /~/;:::,y-.../ H. 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 lessee acknowledges awareness of and agrees to comply with the conditions authorizing the establishment of the PUD District. I. Modifications Any modifications of this Ordinance must be approved by the City Council in accordance with zoning reclassification proceedings of Section 6 of the Zoning Ordinance. J. Occupancy No occupancy permits shall be issued by the City of Dubuque for this property until full compliance with this Ordinance has been achieved. K. Recording A copy of this ordinance shall be recorded at the expense of the property owner(s) with the Dubuque County Recorder as a permanent record of the conditions accepted as part of this reclassification approval within 60 days after the adoption of this ordinance. This ordinance shall be binding upon the undersigned and his/her heirs, successors and assigns. Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 4. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this day of 2005. ,/ Attest: Jeanne F. Schneider, City Clerk ACCEPTANCE OF ORDINANCE NO. - 05 I, Michael E. Gardner, Assistant Vice President representing Wal-Mart Stores, Inc., purchaser, having read the terms and conditions of the foregoing Ordinance No. -05 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this day of 2005. By Michael E. Gardner Assistant Vice President ACCEPTANCE OF ORDINANCE NO. - 05 I, Tim Quagliano, representing QHQ Properties, property owner, having read the terms and conditions of the foregoing Ordinance No. -05 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this day of 2005. By Tim Quagliano o . Co> 'r'" I ,;, l!il \' : i , '" lVI~3.L~V .M.N )> CO> ~~~~~~~~~~~~~~~~~~~~:~~:~~:~~ ..... :::::mm:.:::::.::.::::: !::!:!!!!:!!!!:::::!!!!!:" ..... ....... ...... ." o o l> ;u . - ." ." ;U 0 0.000::;-0 r -)> z[> [illJ] 0 ::1-0 CD 0 CD -'0 CD C/l <C/l3C/l 0 0-0 ........ -. 3 CD ~ 0 II) :........ == 1O -. =: 00 ::I 3 0 0 o:::::!. 0 :r:~ -,'0 II) CD-o -w- ::I !:!: 0 3 0 o' o!""!' m :::0'"0 o -. G>::I ~ ::I II) CD '"0 CD " '"0)> >< CD a . -::I C V) a .... N'O 0- ::1-1 ....... ::r o 0 -'::E o~ 0 0 -00 ::I C/l !e.;::;:'"UII) )> CDO -. CD CD .... ::T--@ ~CD c- 0.0. _. II) C/l -'C/l O~ ~II)::I~~ 0- CD _. -. J )> c: C/l1O ,.. '"U~3::1 -< ::I e~ .... )> CD 00.3 CD :::0 II) '"OCCD'Q :::0 CD OJ ~ - 0 C/l ~ 0 -::1....0 II) 0 II) -.0'0 0- ::J .......-. a. c: CD ::I II) CD @ r -~ ~ '< C/l DU~%duE ~~~ MEMORANDUM December 1, 2005 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Sam's Club Planned Unit Development Ordinance The City Council approved the first reading of a rezoning request by ARC Design Resources, Inc. from C-3 General Commercial to PUD Planned Unit Development District with a Planned Commercial designation to allow the development of a new Sam's Club at the northeast corner of the Northwest Arterial and Asbury Road. The City Council discussed the outstanding issues, and after closing the public hearing, indicated that the north and south access roads would remain as private roadways and also require that all pavement markings, street signage and posted speed limits would be consistent with City street standards and subject to review and approval by the City Engineering Department. The City Council also agreed with City staff that an additional eastbound thru lane should be constructed from the Northwest Arterial to the new access to the Sam's Club development. The City Council concurred with staffs recommendation that the City would be responsible for the construction and right-of-way acquisition necessary to create this new eastbound thru lane, but that Wal-Mart Stores, Inc. would be financially responsible for all costs related to this improvement. The ordinance also includes that Wal-Mart Stores, Inc. would be responsible for all design work as approved by the City Engineer. The Wal-Mart representatives have not yet agreed to paying for the additional eastbound lane. I respectfully request Mayor and City Council approval of the ordinance as drafted, leaving the decision about the future of the development in the hands of Wal-Mart. /)'1 1c /. !l /Jl/~ , L~"", It Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Laura Carstens, Planning Services Manager OOB~E ~.J<t-~ MEMORANDUM November 30, 2005 TO: Michael C. Van Milligen, City Manager FROM: Laura Carstens, Planning Services Manager ,)'(~ SUBJECT: Sam's Club Planned Unit Development Ordinance INTRODUCTION The City Council approved the first reading of a rezoning request by ARC Design Resources, Inc. from C-3 General Commercial to PUD Planned Unit Development District with a Planned Commercial designation to allow the development of a new Sam's Club at the northeast comer of the Northwest Arterial and Asbury Road. DISCUSSION The City Council reviewed the requested rezoning at the November 21, 2005 Council meeting. At that meeting, City staff reviewed several outstanding issues that had not been resolved, including: 1) Dedication of proposed north and south access roads to the City for public maintenance. 2) Construction of an additional eastbound thru lane on Asbury Road from the Northwest Arterial to the new entrance into the proposed Sam's Club. 3) Installation of intermediate landscape islands in the proposed Sam's Club parking lot. The applicant, Joe Altenhoff, ARC Design Resources, Inc., representing Wal-Mart Stores, Inc., indicated during his presentation that Wal-Mart Stores, Inc. would install intermediate parking lot islands in the Sam's Club lot as required. The City Council discussed the outstanding issues, and after closing the public hearing, indicated that the north and south access roads would remain as private roadways and also require that all pavement markings, street signage and posted speed limits would be consistent with City street standards and subject to review and approval by the City Engineering Department. Sam's Club Planned Unit Development Ordinance November 30, 2005 Page 2 The City Council also agreed with City staff that an additional eastbound thru lane should be constructed from the Northwest Arterial to the new access to the Sam's Club development. The City Council concurred with staffs recommendation that the City would be responsible for the construction and right-of-way acquisition necessary to create this new eastbound thru lane, but that Wal-Mart Stores, Inc. would be financially responsible for all costs related to this improvement. The ordinance also includes that Wal-Mart Stores, Inc. would be responsible for all design work as approved by the City Engineer. The attached revised Ordinance for the Sam's Club Planned Unit Development District includes the agreed upon changes (in bold), however, at the writing of this memorandum, Wal-Mart Stores, Inc. has not officially agreed to paying for the additional eastbound thru-Iane. City staff anticipates that by the December 5, 2005 City Council meeting, that Wal-Mart stores, Inc. will have made a decision on the eastbound thru lane and will either present their issues to the City Council at the December 5th meeting or will have signed the acceptance form for the Sam's Club Planned Unit Development District Ordinance. Please contact me if you need additional information or clarification of this memorandum. LC/mkr Attachment Prepared by: Kyle L. Kritz, Associate Planner Ordinance No. -05 Page 1 0 J. Recording A copy of this ordinance shall be recorded at the expense of the property owner(s) with the Dubuque County Recorder as a permanent record of the conditions accepted as part of this reclassification approval within 30 days after the adoption of this ordinance. This ordinance shall be binding upon the undersigned and his/her heirs, successors and assigns. Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 4. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this day of 2005. Attest: Jeanne F. Schneider, City Clerk ~~ ~j;)4C~/f /;/$/~f CHAPTER I -INTRODUCTION AND EXECUTIVE SUMMARY Part A - Proiect Description This Traffic Impact Analysis (TIA) was performed to determine the effects of the proposed development in Dubuque, Iowa, on the surrounding transportation system. All impacts of the development were examined to assess the capacity of the infrastructure's ability to support the additional traffic generated by the development. The proposed development is located in the northeast quadrant of the intersection of Iowa Highway 32 (Northwest Arterial) and Asbury Road, on the northwest side of Dubuque, Iowa. It consists of approximately 29 acres, which will be developed into a mix of commercial uses, including a Sam's Club discount club and gas station, and five additional outlots to the north of the Sam's Club site. One full access point onto Iowa State Highway 32 (Northwest Arterial), one full access point onto Asbury Road, and one right- in/right-out (RIRO) access onto Northwest Arterial are proposed. Construction is scheduled to begin in 2005. with completion of the Sam's Club and Gas Station in 2006, and full build- out by 2010. Traffic conditions were analyzed at all site access locations, at the intersection of Northwest Arterial and Asbury Road, at the intersection of ASbury Road and Holliday Drive, and at the intersection of Asbury Road and John F. Kennedy Road. As required by the City of Dubuque, two horizon years (in addition to the buildout year of 2006) were analyzed for all intersections - 2011 and 2026. Both the AM Peak Hour and PM Peak Hour were analyzed at all locations and in all analysis years. Refer to Exhibits I-I and 1-2 for a location map and a proposed site plan. Part B - Land Use, Site, and Studv Area Boundaries The development consists of a Sam's Club discount club, a gas station, access roads connecting the site to Northwest Arterial and Asbury Road, and five outlots to the north of Sam's Club. The study area includes Asbury Road from Holliday Road to John F. Kennedy Road. and Northwest Arterial from Asbury Road to Plaza Drive. The main accesses to the development will be on Asbury Road approximately 800 feet to the east of Northwest Arterial and on Northwest Arterial approximately 1000 feet to the north of ASbury Road, and at Plaza Drive. These are the locations analyzed in this report. Part C - Existina and Proposed Site Uses The site is currently agricultural land. The proposed development is a mixture of commercial land uses. The proposed uses are as follows: Complete in 2006 [Construction Yearl . Sam's Club discount club (135,000 square feet (SF)) . Gasoline/Service Station (12 fueling positions) Complete bv 2011 (Intermediate Horizonl . High-turnover sit down restaurant (9,000 SF) . Drive-in bank (3 drive-in lanes) . Fast food with drive-through (4,000 SF) . High-turnover sit down restaurant [7,000 SF) . Specialty retail center (30,000 SF) Part D - Existina and Proposed Roadwavs and Intersections The existing local roadway network consists primarily of Northwest Arterial and Asbury Road. Northwest Arterial is a four-lane arterial with a posted speed limit of 50 miles per hour (MPH). Asbury Road is a two-lane collector, with a posted speed limit of 35 MPH. The existing intersections affected by the development are the intersections of Northwest Arterial with Asbury Road and with Plaza Drive, and the intersections of Asbury Road with Holliday Drive and with John F. Kennedy Road. Access to the site is proposed via a right-in, right-out access from Northwest Arterial. at a location approximately 1000 feet north of Asbury Drive a'nd approximately 1000 feet south of Plaza Drive. Full access points are proposed at the existing intersection of Northwest Arterial and Plaza Drive, and at a new intersection located on Asbury Road approximately 850 feet east of Northwest Arterial. Part E -Improvement Analvsis Sianal Warrants For Asbury Road and Proposed Entrance Two-way STOP control analysis was completed on the proposed intersection of Asbury Road and the Sam's Club entrance. The southbound left-turn movement would operate at level-of-service (LOS) F with 2006 traffic, with a delay for that movement of157.5 seconds in the afternoon peak hour. Traffic signals are not warranted at this location in 2006 or 2011; however, the platooning created by traffic signals would aid traffic entering and exiting Resurrection School. Further, coordination of traffic signals at the proposed intersection with the existing traffic signals at Northwest Arterial and Asbury Road would minimize the queuing between the intersections and assure that traffic does not back up through either the proposed entrance or the existing Resurrection School entrance. It should also be noted that, if Resurrection School connects their existing drive to the proposed Sam's Club entrance (and closes the existing entrance), the additional traffic would likely cause Condition B of Traffic Signal Warrant 1 to be met. Intersection Levels-oF-Service and Needed Improvements Based upon discussions with City of Dubuque Engineering staff, the reql!ired LOS for each movement in each horizon year is as follows: . 2006 - LOS C . 2011 - high LOS D . 2026 - LOS E Each system intersection was analyzed using the appropriate module of Highway Capacity Software. Based upon analysis of the system intersections using Highway -I ?- Capacity Software, the following improvements are needed for the roadway to operate at the above levels-of-service: IMPROVEMENTS NEEDED WITH NO DEVELOPMENT 2006 Existing (Base) Traffic Improvements Needed - These improvements are needed for the intersections to operate at LOS C without development. Asbury Road and Holliday Drive a Increase eastbound left turn lane storage length from 75 feet to 295 feet. a Increase westbound left turn lane storage length from 95 feet to 300 feet. Northwest Arterial and Asbury Road a Increase eastbound left turn lane storage length from 100 feet to 530 feet. a Increase westbound left turn lane storage length from 100 feet to 425 feet. a Increase northbound left turn lane storage length from 175 feet to 280 feet. a Increase southbound left turn lane storage length from 225 feet to 345 feet. Northwest Arterial and Plaza Drive a Increase southbound right turn lane storage length from 225 feet to 345 feet. Asbury Road and J.F. KennedY Road a Increase eastbound left turn lane storage length from 125 feet to 430 feet. a Increase eastbound right turn lane storage length from 125 feet to 430 feet. a Increase westbound left turn lane storage length from 75 feet to 410 feet. a Increase westbound right turn lane storage length from 125 feet to 4] 0 feet. a Increase northbound left turn lane storage length from 160 feet to 290 feet. a Increase northbound right turn lane storage length from 210 feet to 290 feet. a Increase southbound left turn lane storage length from 55 feet to 225 feet. 2011 Existing (Base) Traffic Improvements Needed - These improvements are needed for the intersections to operate at LOS C without development. and are in addition to those needed for 2006 Existing (Base) Traffic. Asbury Road and Holliday Drive a Increase eastbound left turn lane storage length from 295 feet to 315 feet. a Increase westbound left turn lane storage length from 300 feet to 330 feet. Northwest Arterial and Asbury Road a Increase eastbound left turn lane storage length from 100 feet to 530 feet. a Increase westbound left turn lane storage length from 425 feet to 465 feet. a Increase northbound left turn lane storage length from 280 feet to 515 feet. Northwest Arterial and Plaza Drive a Increase northbound left turn lane storage length from 310 feet to 495 feet. a Increase southbound right turn lane storage length from 345 feet to 600 feet. .3 Asburv Road and J.F. Kennedy Road o Increase eastbound left turn lane storage length from 430 feet to 440 feet. o Increase eastbound right turn lane storage length from 430 feet to 440 feet. o Increase westbound left turn lane storage length from 410 feet to 455 feet. o Increase westbound right turn lane storage length from 410 feet to 455 feet. o Increase northbound left turn lane storage length from 290 feet to 325 feet. o Increase northbound right turn lane storage length from 290 feet to 325 feet. o Increase southbound left turn lane storage length from 225 feet to 245 feet. 2026 Existing (Base) Traffic Improvements Needed - These improvements are needed for the intersections to operate at LOS C without develooment. and are in addition to those required for 2011 Existing (Base) Traffic. Asburv Road and Holliday Drive o No further improvements needed. Northwest Arterial and Asburv Road o Add 350-foot northbound dual left turn lanes. o Add 345-foot southbound right turn lane. o Increase westbound left turn lane storage length from 465 feet to 565 feet. Northwest Arterial and Plaza Drive o Increase northbound left turn lane storage length from 495 feet to 535 feet. o Increase southbound right turn lane storage length from 600 feet to 655 feet. Asburv Road and J.F. Kennedy Road o Increase eastbound left turn lane storage length from 440 feet to 530 feet. o Increase eastbound right turn lane storage length from 440 feet to 530 feet. o Increase westbound left turn lane storage length from 455 feet to 590 feet. o Increase westbound right turn lane storage length from 455 feet to 590 feet. o Increase northbound left turn lane storage length from 325 feet to 430 feet. o Increase northbound right turn lane storage length from 325 feet to 430 feet. o Increase southbound left turn lane storage length from 245 feet to 335 feet. IMPROVEMENTS NEEDED WITH DEVELOPMENT 2006 Total Traffic (with Development) Improvements Needed - These improvements are in addition to those required for 2006 Existing (Base) Traffic. Asburv Road and Holliday Drive o Increase eastbound left turn lane storage length from 295 feet to 490 feet. o Increase westbound left turn lane storage length from 300 feet to 375 feet. Northwest Arterial and Asburv Road o Increase northbound left turn lane storage length from 280 feet to 305 feet. A Northwest Arterial and Plaza Drive a Add 335-foot southbound left turn lane. a Change existing eastbound outer left turn lane to a through lane. a Construct westbound leg with 150-foot exclusive left turn lane and shared right-through lane. Asburv Road and J.F. Kennedv Road a Increase westbound left turn lane storage length frorn 410 feet to 525 feet. a Increase westbound right turn lane storage length frorn 410 feet to 525 feet. Northwest Arterial and Proposed Riaht-lnIRiaht-Out Entrance a Add northbound right turn deceleration lane. Asburv Road and Proposed Entrance a Construct southbound leg with exclusive left turn and right turn lanes. a Install traffic signals and interconnect with Northwest Arterial & Asbury Road. a Add 155' eastbound left turn lane. a Add 575' westbound right turn lane. a Construct southbound leg with exclusive left turn and right turn lanes. a Option: If two through lanes in each direction were constructed on Asbury Road. the eastbound left turn lane length could be reduced to 60 feet, and the westbound right turn lane length could be reduced to 235 feet. 2011 Total Traffic (with Development) Improvements Needed -- These improvements are in addition to what is required for 2006 Total Traffic. Asburv Road and Hollidav Drive a Increase eastbound left turn lane storage length from 490 feet to 575 feet. a Increase westbound left turn lane storage length from 375 feet to 435 feet. Northwest Arterial and Asburv Road a Increase westbound left turn lane storage length from 425 feet to 505 feet. a Add 280-foot northbound dual left turn lanes. a Increase southbound left turn lane storage length from 345 feet to 385 feet. Northwest Arterial and Plaza Drive a Increase eastbound left turn lane storage length frorn 150 feet to 170 feet. a Increase westbound left turn lane storage length from 150 feet to 225 feet. a Increase northbound left turn lane storage length from 320 feet to 505 feet. a Increase southbound left turn lane storage length from 335 feet to 485 feet. Asburv Road and J.F. Kennedv Road a Increase eastbound left turn lane storage length from 430 feet to 475 feet. a Increase eastbound right turn lane storage length from 430 feet to 475 feet. a Increase westbound left turn lane storage length from 525 feet to 650 feet. a Increase westbound right turn lane storage length from 525 feet to 650 feet. a Increase northbound left turn lane storage length from 290 feet to 360 feet. s o Increase northbound right turn lane storage length from 290 feet to 360 feet. o Increase southbound left turn lane storage length from 225 feet to 290 feet. Northwest Arterial and Proposed Riaht-In/Riaht-Out Entrance o No further improvements needed. Asbury Road and Proposed Entrance o Increase westbound right turn lane storage length from 575 feet to 710 feet. o Option: If two through lanes in each direction were constructed on Asbury Road, the westbound right turn lane length could be reduced to 280 feet. 2026 Total Traffic (with Development) Improvements Needed -- These improvements are in addition to what is required for 2011 Total Traffic. Asbury Road and Hollidav Drive o No further improvements needed. Northwest Arterial and Asbury Road o Increase westbound left turn lane storage length from 505 feet to 565 feet. o Increase northbound dual left turn lane storage length from 280 feet to 350 feet. Northwest Arterial and Plaza Drive o Increase eastbound left turn lane storage length from 170 feet to 190 feet. o Increase northbound left turn lane storage length from 505 feet to 610 feet. o Increase southbound left turn lane storage length from 485 feet to 590 feet. Asbury Road and J.F. 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J: ... <i!i~ ~ C> "- lD d. e: ! 0: UJ ~ c:.R e:~u 't 'tu.tion 4300 ASBURY ROAD DUBUQUE, IOWA 52002-0497 September 26, 2005 1fD) ~ ~ ~ D \Y! ~ fi1) un SEP 2 7 2005 ~ Mr. Kyle L Kritz, Associate Planner City of Dubuque Planning Services Department, City Hall 50 W. 13th Street Dubuque, IA 52001 CllY OF DUBUQUE PLANNING SERVICES DEPARTMENT Dear Mr. Kritz: Following our meeting w~h City of Dubuque representatives on September 15, 2005, I sent a written reply to Or. Timothy J. Quagliano regarding his request to connect to the sanitary sewer located on the Church of the Resurrection property. The letter stated the following: In my vis~ with you on August 31, 2005, in response to your request for a sanitary sewer connection, the Church of the Resurrection responded as follows: 1 . The Church of the Resurrection will grant an easement to connect to the san~ary sewer after receiving an approved engineer's drawing for the preferred connection on Resurrection property. The City of Dubuque requires that this connection must be approved by the City. The cost for any upgrades to the existing sanitary sewer will be the responsibility of Sam's Club or other developers of your property. 2. Resurrection property must be restored to pre-construction conditions. 3. The owner of Sam's Club or successors will be responsible for any malfunction of the sanitary sewer effecting the Church of the Resurrection property. 4. The Church of the Resurrection requests an easement across your adjoining property, on the north end of Resurrection property, for access to the Northwest Arterial. 5. The curb cut to Conlon Property, from Resurrection Property, will be closed and mailbox relocated to Asbury Road if required. Some additional requests have arisen since my telephone visit with you, and we desire to make you aware of them. The Church of the Resurrection requests that a fence, like the one installed by Fidelity Bank and Trust, be used between Sam's Club and the Church property. This fence would be in addition to any screening requited by the City of Dubuque zoning requirements. The Church also requests that adequate trash controls be required to prevent trash from spreading to the church property. I will be pleased to visit w~h you about any of these matters if you have any questions or concerns. I can be reached at 556-4092. Sincerely, 'l'f' ______~) /.1/ ft-'A "Vi(gU .P.BI;k~r- -- Trustee Church of the Resurrection cc: Father Joseph Hauer, Pastor Mr. Brian Kane Mr. Michael Portzen c:R ~~u 't 't~ction 4300 ASBURY ROAD DUBUQUE. IOWA 52002-0497 September 16, 2005 Dr. Timothy J. Quagliano 1500 Delhi Street Dubuque, fA 52001 Dear Dr. Quagliano: Representatives from the City of Dubuque requested a meeting with representatives from the Church of the Resurrection regarding some potential traffic concerns, with the construction of Sam's Club next to the church's property. This meeting was held on September 15, 2005. We shared with the city representatives our request, of you, for an easement across your adjoining property, on the north end of Resurrection property, for access to the Northwest Arterial. They did not object to this access and felt it would assist with some of the traffic concerns they had for Asbury Road. In my visit with you on August 31, 2005, in response to your request for a sanitary sewer connection, the Church of the Resurrection responded as follows: 1 . The Church of the Resurrection will grant an easement to connect to the sanitary sewer after receiving an approved engineer's drawing for the preferred connection on Resurrection property. The City of Dubuque requires that this connection must be approved by the City. The cost for any upgrades to the existing sanitary sewer will be the responsibility of Sam's Club or other developers of your property. 2. Resurrection property must be restored to pre-construction conditions. 3. The owner of Sam's Club or successors will be responsible for any malfunction of the sanitary sewer effecting the Church of the Resurrection property. 4. The Church of the Resurrection requests an easement across your adjoining property, on the north end of Resurrection property, for access to the Northwest Arterial. 5. The curb cut to Conlon Property, from Resurrection Property, will be closed and mailbox relocated to Asibury Road if required. Some additional requests have arisen since my telephone visit with you, and we desire to make you aware of them. The Church of the Resurrection requests that a fence, like the one installed by Fidelity Bank and Trust, be used between Sam's Club and the Church property. This fence would be in addition to any screening required by the City of Dubuque zoning requirements. The Church also requests that adequate trash controls be required to prevent trash from spreading to the church property. I will be pleased to visit with you aJbout any of these matters if you have any questions or concerns. I can be reached at 556-4092. Sincerely, ~1JI7/_~ / ~ V1f~I~k;;-' Trustee Church of the Resurrection cc: Father Joseph Hauer, Pastor D~~~E ~~~ MEMORANDUM November 17, 2005 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Review of Traffic Impact Study Sam's Club Development IA 32 (Northwest Arterial) at Asbury Road '~'~', The proposal presented by Wal-Mart for the Sam's Club development does not include a second eastbound lane on Asbury Road between the Northwest Arterial and their signalized access intersection. It is the recommendation of the Engineering Department to extend dual eastbound lanes from Asbury Road at the Northwest Arterial through the proposed intersection serving Sam's Club at Asbury Road. The current proposal by ARC Design, Inc. allows for only a single eastbound through lane along this section of Asbury Road. The addition of a second eastbound through lane would greatly reduce the delay and storage issues that are present along Asbury Road between Holliday Drive and the Northwest Arterial. Sam's Club also would like the City to take over the two access roads to the site, one off the Northwest Arterial and one off of Asbury Road, as public streets. The City of Dubuque has seven major commercial plazas zoned Planned Unit Development with a PC Planned Commercial Development designation and only one, Asbury Plaza, has a public street serving individual businesses. Most of the Asbury Plaza streets are private, but one is public because it serves a substantial amount of property outside of the development and will eventually connect to Derby Grange Road. They are also objecting to the installation of landscape islands in their parking lots. Recent commercial developments, like Asbury Plaza and the Port of Dubuque, have been required to install landscape islands. I respectfully request Mayor and City Council approval to require the additional eastbound lane, landscape islands in the parking lots, and to leave the entry roads as private streets. ./ (/0;.']lJzLfL Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Gus Psi hoyos, City Engineer Laura Carstens, Planning Services Manager i5t;~~E ~ck~ MEMORANDUM November 16, 2005 FROM: Michael C. Van Milligen, City Manager Gus Psihoyos, City Engineer ~ Review of Traffic Impact Study Sam's Club Development IA 32 (Northwest Arterial) at Asbury Road TO: SUBJECT: INTRODUCTION The following is a review of the traffic impact study for the proposed Sam's Club development in the northeast quadrant of the intersection of IA 32 (Northwest Arterial) and Asbury Road. BACKGROUND The proposed 18-acre development will include Sam's Club (135,000 square feet) and a gas station with 12 fueling positions, scheduled for completion in the fall of 2006. The submitted Traffic Impact Study includes adjacent property already zoned C-3 General Commercial which increases the area included in the traffic study to 29 acres. There will be three access points: 1. A south entrance on Asbury Road 800 feet east of the Northwest Arterial/Asbury Road intersection. The south entrance on Asbury Road matches up with street access for the Plastic Center Planned Unit Development that was submitted in 2000. 2. A right-in/right-out access on the Northwest Arterial is proposed opposite the existing right-in/right-out access for Asbury Plaza. Both intersections are 1,000 feet north of the Northwest Arterial/Asbury Road intersection. 3. A north entrance on the Northwest Arterial is proposed that will connect with the existing signal at Plaza Drive. This intersection was originally designed in 2004 to accommodate a fourth leg to the intersection. I .. Page 2 November 16, 2005 The commercial corridor of the Northwest Arterial and Asbury Road has experienced rapid growth in the last five years. Currently there are three studies underway to improve this traffic flow: . A traffic signal warrant study for Holliday Drive and the Northwest Arterial. This proposed signal will help off-load northbound left turning traffic onto Asbury Road. There is also a project underway to add a northbound left-turn lane at Holliday Drive and Asbury Road. . The Iowa Department of Transportation has retained the consulting firm of HDR to conduct a Northwest Arterial Operations Study. This study extends the entire length of the corridor and is similar to a study they conducted along US 20 prior to the recent improvements along that corridor. HDR has reviewed the Sam Club's traffic impact study and their comments have been incorporated into comments submitted to ARC Design who developed the Traffic Impact Study for Sam's Club, by the City. . The City of Dubuque will be conducting an easU west corridor study this winter. The purpose of this study is to find alternate easUwest corridors so that vehicular traffic is less dependent on US 20 for intercity traffic and to improve the existing corridors. DISCUSSION The study predicts the initial year (2006) will generate approximately 6,135 total daily trips and 11,401 total daily trips where development adjacent to existing commercially zoned land is completed in 2011. The traffic impact scope analyzed each of the following four intersections at three separate time periods for Intersection Levels of Service (LOS): 1. Asbury Road/Holliday Drive. 2. Asbury Road/Northwest Arterial. 3. Northwest Arterial/Plaza Drive. 4. Asbury Road/John F. Kennedy Road. The study found that significant increases to the length of the turning-lane storage are needed at: . Asbury Road/Holliday Drive: Both eastbound and westbound left-turn storage. . Asbury Road/Northwest Arterial: Eastbound left-turn storage. . Asbury Road/John F. Kennedy Road: Eastbound left-turn storage issues. (This enhancement may not be a direct impact from this proposed development.) Page 3 November 16, 2005 It was also recommended that traffic signals be installed at the proposed south entrance to Asbury Road and that the signal be interconnected with existing signals at the Northwest Arterial and Holliday Drive for improved traffic progression. Based on ARC Design's review of the current site plan, the capacity issues along Asbury Road can be improved by: Northwest Arterial at Asburv Road . Creating dual westbound lanes on Asbury Road for additional storage starting near the Church of the Resurrection property. . Changing the current westbound through/right lane into a dedicated through lane and building a new exclusive right-turn lane on Asbury Road. Asburv Road at Sam's Club South Entrance . Installing a new signalized intersection that will be interconnected to the Northwest Arterial signal system. This will be designed to accommodate a future fourth leg serving the Plastic Center development to the south. . Creating a dedicated westbound right-turn lane into the development. . Providing Church of the Resurrection access to this signalized intersection. Northwest Arterial at Plaza Drive . Build a fourth leg to this intersection that will give Sam's Club, the future development of commercial property owned by QHQ Properties, and the Church of the Resurrection access from the north side of the development. . This north entrance will have dedicated left, through lane and right-turn lanes to accommodate future development of the commercial lots and access to the Church of the Resurrection. RECOMMENDATIONS The proposed roadway and intersection changes associated with the Sam's Club development should diminish many of the existing storage issues for westbound traffic at the Northwest Arterial/Asbury Road intersection. It is the recommendation of the Engineering Department to extend dual eastbound lanes from Asbury Road at the Northwest Arterial through the proposed intersection serving Sam's Club at Asbury Road. The current proposal by ARC Design, Inc. allows for only a single eastbound through lane along this section of Asbury Road. The addition of a second eastbound through lane would greatly reduce the delay and storage issues that are present along Asbury Road between Holliday Drive and the Northwest Arterial. The City of Dubuque is currently investigating the feasibility of building a dedicated eastbound right-turn lane on Asbury Road between Holliday Drive and the Northwest Arterial. Page 4 November 16, 2005 CONCLUSION Based on available information, the Engineering Department feels that the proposed Sam's Club development and the anticipated traffic can be accommodated by an additional eastbound through lane from the Northwest Arterial to the new Asbury Road access, along with the outlined roadway system and signal improvements in the traffic impact study, conceptual plan, and this memo. cc: Laura Carstens, Planning Services Manager Kyle Kritz, Planning Services David Ness, PE D~~~E ~ck~ MEMORANDUM TO: FROM: Michael C. Van Milligen, City Manager Gus Psihoyos, City Engineer 'yO Kyle L. Kritz, Associate Planner-r.1.~ SUBJECT: Private Drives within existing Commercial Plazas INTRODUCTION The proposed development of a new Sam's Club discount store on the northeast corner of the Northwest Arterial and Asbury Road includes the dedication by the developer to the City of two proposed cul-de-sac streets. This memorandum reviews existing commercial plazas in the City of Dubuque that are served only by private roadways and the concerns of City staff regarding the acceptance of the proposed public streets in the Sam's Club development. DISCUSSION The City of Dubuque has seven major commercial plazas zoned PUD Planned Unit Development with a PC Planned Commercial designation: ~ Warren Plaza (Target, Hy-Vee) ~ Wacker Plaza (Advanced Auto Parts, Blockbuster Video) ~ Kennedy Mall ~ Asbury Plaza (Hy-Vee, Kohl's, Star Cinema) ~ Plaza 20 (K-Mart) ~ Wal-MartlLowe's ~ Key Gate Center (Dairy Queen, Lincoln True Value Hardware) All the commercial plazas, except Asbury Plaza, do not have any public streets serving the individual businesses within the commercial development. Asbury Plaza have a public street, Plaza Drive. However, Plaza Drive will serve property outside of the Asbury Plaza development and will eventually connect to Derby Grange Road to the northwest. City staff have concerns about the acceptance of the two proposed cul-de-sac streets in the Sam's Club development. They would not have the same high priority as Asbury Road or the Northwest Arterial in terms of snow and ice removal. Also, the proposed Private Drives within existing Commercial Plazas November 16, 2005 Page 2 cul-de-sacs on the north and south sides of the proposed Sam's Club development will only serve a few other properties and will not be extended beyond the development itself. Public streets are already provided in adjoining developments of Resurrection Church or Harvest View Estates. RECOMMENDATION City staff recommends that the proposed cul-de-sac streets for the Sam's Club development be constructed and maintained as private streets and not dedicated to or accepted by the City. KLKlmkr D~~~E ~~~ MEMORANDUM November 16, 2005 TO: Michael Van Milligen, City Manager FROM: Laura Carstens, Planning Services Manager ~ SUBJECT: Parking Lot Landscaping Requirements for Sam's Club PUD INTRODUCTION Wal-Mart Stores, Inc. is proposing construction of a new Sam's Club at the northeast corner of the Northwest Arterial and Asbury Road. As part of the PUD (Planned Unit Development) Ordinance for the project, landscaped islands are required at the end of parking rows as well as intermediate islands to break up long rows of parking that exceed 20 spaces in length. Wal-Mart Stores, Inc. is objecting to the requirement for intermediate islands because the proposed Sam's Club is at the corporation's minimum parking ratio of 4.78 spaces per 1,000 square feet of floor area. The City's Zoning Ordinance requires four spaces per 1,000 square feet of floor area for retail businesses. DISCUSSION The draft PUD Ordinance for the Sam's Club project includes the requirement that intermediate islands be placed in rows of parking spaces that exceed 20 spaces in length. Recent commercial projects, such as Asbury Plaza and the Port of Dubuque, have been required to install these types of islands to help soften the impact of large paved areas. The Port of Dubuque Design Standards require landscaped islands at the ends of rows and every 12th stall. The requirement for intermediate islands is not part of the City's Zoning Ordinance; however, the PUD section of the Zoning Ordinance indicates that conditions may be required to protect and promote the best interest of the surrounding properties or the neighborhood. Planning staff believes that because of the size and scale of the proposed project, intermediate islands are appropriate for this project. This issue was not raised at the Zoning Advisory Commission meeting on November 2, 2005, so staff has provided this memorandum to provide additional background on this issue for the City Council meeting on November 21, 2005. If you have any questions or require further information, please contact me at your earliest convenience. KLKlmkr I" THE CI_TY OF Lr--~=~ DUBUQUE ~ck~ 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 plannmg@cityofdubuque.org www.cityofdubuque.org November 16, 2005 The Honorable Mayor and City Council Members City of Dubuque City Hall - 50 W. 13th Street Dubuque IA 52001 RE: Rezoning Applicant: Arc Design Resources, Inc.lQHQ Properties Location: 4310 Asbury Road Description: To rezone property from C-3 General Commercial District to PUD Planned Unit Development with a PC Planned Commercial District designation. 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 Joseph Altenhoff of Arc Design Resources, Inc., the applicanUagent representing Wal- Mart Stores, Inc., spoke in favor of the request, reviewing the proposed development of a Sam's Club and noting proposed accesses to the Northwest Arterial and Asbury Road. The applicant reviewed the location of the 135,000 square foot building, parking lot, proposed discount gas station and screening. Staff reviewed surrounding zoning and land use and noted that City staff has been working with Resurrection Church representatives and other adjacent property owners on access and sanitary sewer service issues. There were no public comments. A letter from Resurrection Church was received and filed by the Commission. The Zoning Advisory Commission discussed the request, discussing with the applicant and City Engineering representative Dave Ness changes to Asbury Road and the proposed signal at the development's entrance to Asbury Road. The Commission discussed screening adjacent to Resurrection Church's property and required that a fence be installed in addition to the plantings along the east side of the property. The draft PUD Ordinance has been modified to reflect this requirement. Service People Integrity Responsibility Innovation Teamwork 4310 Asbury Road November 16, 2005 Page 2 The draft PUD Ordinance also has been modified to reflect access improvements to Asbury Road and Northwest Arterial intersections, internal access to adjacent properties, and sanitary sewer extension to Resurrection Church. Recommendation By a vote of 5 to 0, 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. The draft PUD ordinance functions as an agreement between the City of Dubuque, the developer, and the property owner - similar to a conditional rezoning request. The developer and the property owner must agree in writing to the terms and conditions of the PUD ordinance as approved by the City Council for the rezoning to be valid. Respectfully submitted, ~~/~ Jeff Stiles, Chairperson Zoning Advisory Commission Attachments cc: Gus Psihoyos, City Engineer D~~~E ~c/k.~ Oty of Dubuque Planning Services Department Dubuque, IA 52001-4864 Phone: 563-589-4210 Fax: 563-589-4221 PLANNING APPLICATION FORM D Variance DConditional Use Permit DAppeal OSpecial Exception DUmitee Setback Waiver DRezoning J:i!l.pIanned District DPreliminary Plat OMinor Rnal Plat OText Amendment DSimple Site Plan o Minor Site Plan D Major Site Plan D Major Anal Plat DSimple Subdivision DAnnexation DT emporary Use Permit DCertificate of Economic Non-Viability OCertificate of Appropriateness DOther: Please tvoe or Drint leoiblv in Ink Property owner(s): CJHO Pia p~AI'u Address: {!:;tJO Oelhi '5+. Oty: Ovh{/fl/~ Phone: 6'"?3. s'>7' -:;"36 state:L Zip: ~~~I Fax Number: o~. S'5J' S"3? Applicant/Agent: AYv O<:s~Y1 Address: 1Lf1~ S. f!t:1I",^!vil/< Fax Number: fJ/SC Jf~ ~6~ Mobile/Cellular Number: 1Z<'>4vY"tX-$ I/J'- Phone:tj/s: ~. <1300 . Oty: twt:,~P/ State:!k....- Zip: tAltJ[) Mobile/Cellular Number: Bt<" 7C/$ 1u~ Site location/address: 1"~/() A<f>bv'( p..,t. Existing zoning: A6 Proposed zoning: fVO Historic District: Landmark: Legal Description (Sidwell parcel ID# or lot number/block number/subdivision): 10 IIp 3'71 00 'j ~~ ~"'-U( -6-hi i'Jffs Total property (lot) area (square feet or acres): I~. (., A-G. Describe proposal and reason necessary (attach a letter of explanation, if needed): (.3",,1111 4 ~~.IYI:{ wJrUJ'~"'''k, c"(vlo, q~:5 $.flll.h">'\ a",,'" +'-4. (J,AII'k. Whll~- s.(~d/Jb ",~ed." Pl/D ~?f!?1&.-A-hb~_. CERTIFICATION: I/we, the undersigned, do heneby certify that: 1. The infonnation 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 requined written and graphic materials ane attached. Property Owner(s): Applicant/Agent: (f"l'-I1-. dlA..d4! Date: Date: / t1.?J. ,,~ FOR OFFICE USE ONLY - APPUCATION SUBMITTAL CHECKUST Fee: II 3'lJ'O Received by: ~ Date: rokzJ ~ Docket: , DSite/sketch plan 0 Conceptual Development Plan Dphoto o Plat Dlmprovement plans DDesign review project description DFloor plan DOther: GOf~ PREPARED BY' BUESING & ASSOCIATES, 1212 LOCUST ST, DUBUQUE, IA 52001, lim!llIllmmllll!Wlr~II~lmINllllmllll Doc 10: OO~183S400a8 rv~.. PLA lI,corded: 06/10/2005 It 04'20'24 PM ~~:lJ~~:C:~~teol~~~' 1 0' Ii . I(UhYFlynn ThurllNlI'cordlr '1I.2005-00009221 PH 563-556-4389 PLAT OF SURVEY OF LOTS 1 & 2 OF SALVO-SALAS PLACE NO.2, AS COMPRISED OF LOTS 1 & 2 OF SALVO-SALAS PLACE, LOT 1-1-1-J AND LOT 1-2, BOTH OF THE SW1/4 SW1/4, All LOCATED IN THE SW1/4 OF SECTION 16, T89N, R2E (DUBUQUe TWP) OF THE 5TH P.M., IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA o.::i< / 'l'/ / P.O.B.// N B9'25'38" E Wi....' 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ARTERIAL o lL a: lL t) lL '" . t) PLANNED DISTRICT STAFF REPORT Zoning Agenda: November 2, 2005 Project Name: Sam's Club Property Address: 4310 Asbury Road Property Owner(s): aHa Properties/Kevin and Nancy Conlon Applicant: ARC Design Resources, Inc. Proposed Land Use: Commercial Proposed Zoning: PUD/PC Existing Land Use: Agricultural/residential Existing Zoning: C-3 Adjacent Land Use: North - Agricultural East - Religious South - Residential West - Commercial Adjacent Zoning: North - C-3 East- R-1 South - C-3 West - PC Flood Plain: No Total Area: 18.6 acres Water: Yes Existing Street Access: Yes Storm Sewer: Yes Sanitary Sewer: Yes Previous Planned District: None. Purpose: The requested rezoning is to allow the development of a new Sam's Club with access to Asbury Road and the Northwest Arterial. Property History: The subject property included in this rezoning request includes property owned by Kevin and Nancy Conlon and aHa Properties. The aHa Properties parcel was rezoned in March 2004 by the City Council from AG Agricultural District to C-3 General Commercial District. The property owned by Kevin and Nancy Conlon was rezoned from Agricultural District to C-3 General Commercial District by the City Council on June 20, 2005. Physical Characteristics: The subject property is located near the northeast corner of the Northwest Arterial and Asbury Road. The subject property lies above the grade of the surrounding streets and is bordered on the east by Resurrection Church. Conformance with Comprehensive Plan: The Comprehensive Plan's 2002 Land Use Map designates the property as a mixture of commercial, multi-family and open space. The project involves the Comprehensive Plan's Land Use Element: Goals 2.2, 7.2, 7.3, 9.2 and 10.1. Planned District Staff Report - 4310 Asbury Road Page 2 Staff Analysis: Streets: Access to the development is proposed to be from Asbury Road and the Northwest Arterial. The proposed single access to Asbury Road will be located approximately 800 feet east of the Northwest Arterial. Right-in/right-out access is proposed 1,000 feet north of Asbury Road and a connection is proposed to the existing signalized intersection that serves Kohl's and the new Star Cinema theater on the north side of the project. Sidewalks: Sidewalks currently exist along Asbury Road. Any section of the sidewalks damaged or removed as part of the construction of the proposed project is required to be replaced to City standards. Parking: Off-street parking will be provided on the site at a ratio of 4.72 spaces/ 1,000 square feet of commercial space. This exceeds the City's parking requirement for retail sales. Lighting: New outdoor lighting will be required to be a 72-degree cutoff light fixture. Signage: None proposed at this time. Bulk Regulations: The proposed Sam's Club will be built in substantial compliance with the attached conceptual plan. Permeable Area (%) & Location (Open Space): Approximately 80 percent of the subject property will be covered by impermeable surface. Landscaping/Screening: . The submitted conceptual plan provides for landscaping and screening adjacent to the Northwest Arterial as well as landscaping and screening between the Resurrection Church property and the proposed commercial development. Phasing of development: None. Impact of Request on: Utilities: City water mains are located in Asbury Road and along the east side of the Northwest Arterial. The proposed Sam's Club will be served by a connection to the City's water main on Asbury Road and a future loop will be created when the water main is tied into the 16" water main on the Northwest Arterial. Sanitary sewer service for Sam's Club will come through an existing line that serves Resurrection Church. The sanitary sewer service will be expanded from six-inch to eight-inch pipe and be extended through the site to serve the existing commercial lots along Asbury Road as well as future development of property owned by aHa Properties on the north side of the site. Planned District Staff Report - 4310 Asbury Road Page 3 Traffic Patterns/Counts: Asbury Road is classified as a minor arterial and based on 2001 lOOT counts, carries approximately 12,500 average daily trips. The Northwest Arterial is classified as a major arterial and carries approximately 9,000 average daily trips north of Asbury Road. Public Services: Existing public services are adequate to serve the site. Environment: Staff does not anticipate any adverse impacts to the environment provided adequate erosion control is provided during all phases or construction and that adequate storm water detention is provided as part of the project. Adjacent Properties: Adjacent properties will be impacted by an increase in the ambient light level at night and an increase in the volume of traffic utilizing surrounding roadways. CIP Investments: None proposed. Staff Analysis: ARC Design Resources, Inc. is proposing rezoning of approximately 18.5 acres from C-3 General Commercial District to PUD Planned Unit Development District with a PC Planned Commercial District designation. The proposed rezoning is to facilitate construction of a new Sam's Club near the northeast corner of the Northwest Arterial and Asbury Road. The subject property is currently owned by QHQ Properties, Inc. and Kevin and Nancy Conlon. Three accesses to the subject site are proposed. The first access will be from a signalized intersection on Asbury Road approximately 800 feet east of the intersection of the Northwest Arterial and Asbury Road. The second access will be a right-in/right- out access to the Northwest Arterial 1 ,000 feet north of Asbury Road, The third access will connect to the existing signalized intersection on the Northwest Arterial 2,000 feet north of Asbury Road. The applicant has provided a traffic impact analysis for the proposed development. A copy of the executive summary is attached. The Engineering Department has provided a written review of the submitted traffic study outlining their review and conclusions. The subject property can be served by both City water and sewer. City water is available on both Asbury Road and the east side of the Northwest Arterial. Sanitary sewer service will be provided through an extension of the sanitary sewer that currently serves the Resurrection Church property. This sewer line must be upgraded from a six- inch line to an eight-inch line. The sewer system will be extended through the Sam's Club development to serve existing commercially zoned lots on the south and north sides of the proposed development. Planned District Staff Report - 4310 Asbury Road Page 4 The proposed development will also include a storm water detention basin on the south side of the project immediately north of Asbury Road, which is the lowest point of the development. Storm water management for this site will be reviewed in detail by City Engineering staff as part of the submittal of the detailed site plan. The proposed development encompasses a Sam's Club of approximately 135,000 square feet and a gas station/car wash located adjacent to the Northwest Arterial right- of-way. There is existing commercially-zoned property along both Asbury Road and north of the proposed Sam's Club. These parcels are currently zoned C-3 General Commercial and are not part of this rezoning request. The submitted conceptual plan does include providing access to existing commercially-zoned lots north and south of the proposed Sam's Club. No additional curb cuts onto Asbury Road or the Northwest Arterial would be necessary to serve these lots. The developer is proposing to dedicate these roadways as public streets. City staff is concerned that these roadway's function similar to an internal street system for a commercial plaza, and not as true public streets that are part of the City's overall street network. The proposed Sam's Club and gas station will create a total of 686 off-street parking spaces. This submitted conceptual plan indicates that these parking spaces, both in terms of their size and drive aisle, meets the City's minimum design standards for parking lots. Lighting of the parking lot and buildings will be required to utilize cut-off light fixtures to minimize the impact to adjacent properties. The property included in this rezoning request is currently zoned C-3 General Commercial. The parcel owned by QHQ Properties was rezoned in March 2004 and the parcel owned by Kevin and Nancy Conlon was rezoned in June 2005 to their current commercial classification. The Sam's Club proposal requires rezoning of the property to a PUD classification. The City's Zoning Ordinance requires that department stores over 60,000 square foot and regional shopping centers be rezoned to a PUD classification. The Zoning Ordinance does not include a definition of a department store. However, given the wide range of products and services offered by a Sam's Club and the scale of the proposed building, Planning staff has determined that the intent of the Ordinance language is to require such large commercial developments to be approved under the PUD classification. 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