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Zoning 600 Mazzuchelli, River Pointe, Spiegel '''', , II'. . Prepared by: Laura Carstens. Cilv Planner Address: 50 W. 13th SI.. Cilv Hall Telephone: 589-4210 Return to: Jeanne Schneider Cilv Clerk, Address: City Hal~ 50 W. 13m Street Telephone: 589-4121 ORDINANCE NO. 27-06 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 600 MAZZUCHELLI DRIVE FROM R-2 TWO-FAMILY RESIDENTIAL DISTRICT TO PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PR PLANNED RESIDENTIAL DISTRICT DESIGNATION AND ADOPTING A CONCEPTUAL DEVELOPMENT PLAN, WITH CONDITIONS, FOR RIVER POINTE DEVELOPMENT 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 R-2 Two-Family Residential District to PUD Planned Unit development District with a PR Planned Residential District designation and adopting a conceptual development plan, a copy of which is attached to and made a part hereof, with conditions as: Lot 2 of City Lot 723, City Lot 698, City Lot 693A, Lot 1 of Lot 2 City Lot 694, Lot 2 of Lot 1 City Lot 694, Lot 2 City Lot 697, Lot 2 City Lot 726, Lot 2 of Lot 1 City Lot 725, Lot 1 of 1 of 19 City Lot 724 and Lot 2 of Roman Catholic Grave Yard, 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 the 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 the zoning reclassification: 600 Mazzuchelli Drive Page 2 A. Use Reaulations. The following regulations shall apply to all uses made of land in the above-described PUD District: 1) Principal permitted uses shall be limited to: a) Multi-family dwellings: Two (2) 120-unit condominium buildings. 2) Accessory uses shall include any use customarily incidental and subordinate to the principal use it serves. B. Lot and Bulk Reaulations. Development of land in the PUD District shall be regulated as follows: 1) The proposed condominium development shall be constructed in substantial compliance with the attached conceptual development plan. 2) Maximum building height shall be limited to 165 feet and 12- stories for buildings A and B. Building height shall be measured form the floor elevation of the first story to the peak of the highest roof structure C. Performance Standards The development and maintenance of uses in this PUD District shall be regulated as follows: 1) River Pointe Development, LLC shall contribute a total of $150,000 toward off-site street improvements related to this PUD. The contribution shall be made in $50,000 increments, paid to the City of Dubuque in fiscal years 2012,2013 and 2014. 2) Parking Regulations ~ Off-street parking shall be provided based on a ratio of 2.5 spaces per dwelling unit. ~ All vehicle-related features shall be surfaced with either asphalt or concrete. ~ Curbing and proper surface drainage of storm water shall be provided. 600 Mazzuchelli Drive Page 3 ~ All parking and loading spaces shall be delineated on the surfacing material by painted stripes or other permanent means. ~ The number, size and design of parking spaces shall be governed by applicable provisions of City of Dubuque Ordinances enforced at the time of development of the lot. ~ 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. 3) Blasting shall be prohibited within the area governed by this planned unit development. 4) Site Lighting a) Exterior illumination of site features shall be limited to the illumination of the following: ~ Parking areas, driveways and loading facilities. ~ Pedestrian walkway surfaces and entrances to building. ~ Screened storage areas. ~ Building exterior. b) Location and Design: ~ No light source shall provide illumination onto adjacent lots, buildings or streets in excess of 1.0 foot candle. ~ All exterior lighting luminaries shall be designed and installed to shield light from the luminaire at angles above 72-degrees from vertical. ~ A lighting plan shall be included as part of site plan submittals that indicates types of lights used and ground light pattern for building lighting of building and parking- related features. ~ Fixtures mounted on a building shall not be positioned higher than the roofline of the building. ~ The top post mounted free-standing fixtures shall not be higher than 30 feet above the ground. 600 Mazzuchelli Drive Page 4 ~ All electrical service lines to posts and fixtures shall be underground and concealed inside the posts. 5) Storm Water Conveyance: The developer shall be responsible for providing surface or subsurface conveyance(s) of storm water from the lot to existing storm sewers or to flow line of open drainageways outside the lot in a means that is satisfactory to the City of Dubuque. Other applicable regulations enforced by the City of Dubuque relative to storm water management and drainage shall apply to the subject property. 6) Exterior Trash Collection Areas: ~ The storage of trash and debris shall be limited to that produced by the principal permitted use and accessory uses of the lot. ~ All exterior trash collection areas and the materials 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. Exposed materials used to construct the opaque screen shall be similar in appearance to materials used for exterior building walls. All exterior entrances to a screened trash area shall be provided with a gate or door of similar design to that of the screen. If a 10-foot high screen fails to shield the exterior trash collection area from view from points inside or outside of the property, evergreen plantings may be required in addition to the screening. Evergreen plant materials shall be selected and designed so that they will screen the area from all off- site visibility within five (5) years. 7) Final site development plans shall be submitted in accordance with Section 4-4 of the Zoning Ordinance prior to construction of any buildings. D. Open Space and Recreation Areas Open space and landscaping in the PUD District shall be regulated as follows: 600 Mazzuchelli Drive Page 5 Those areas not designated on the conceptual development plan shall be maintained as open space, as defined by Section 8 of the Zoning Ordinance by the property owner and/or association. E. Sian Reaulations 1) Signs in the PUD District shall be regulated in accordance with the OR Office Residential sign regulations of the Zoning Ordinance. 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. F. Other Codes and Regulations a) Service lines: All electric 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) The use of semi-trailers and shipping containers for storage is prohibited. d) 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. G. Transfer of Ownership Transfer of ownership or lease of property in this PUD District shall include the transfer or lease agreement a provision that the purchaser or lessee acknowledges awareness of the conditions authorizing the establishment of the district. H. Reclassification of Subiect Propertv The City of Dubuque, Iowa, may initiate zoning reclassification proceedings to the R-2 Two-Family Residential District in accordance with Section 6 of the Zoning Ordinance if the property owner fails to complete or maintain any of the conditions of this Ordinance. I. Modifications 600 Mazzuchelli Drive Page 6 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. Occupancv Permits No occupancy permit shall be issued by the City of Dubuque for property included in the subject planned unit development district until full compliance with this ordinance has been achieved. K. Recordina 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. 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. The foregoing amendment shall take effect upon publication, as provided by law. Passed, approved and adopted this 20th day of March 2006. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Feb 17 .q6 .09:06a p.8 .' :' ,. ACCEPTANCE OF ORDINANCE NO. 27 -06 I, A.J. Spiegel, representing River Pointe Development, LLC, property owner, having read the terms and conditions of the foregoing Ordinance No. 27 - 06 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this 6th day of March 2006. By:, /s/ A.J. Spiegel .. . , J' '. ... " 111111111111111111111111111111111111111111111111111111111111111111111111111111II OOC 10: 005378970009 Type: GEN Recorded: 03/31/2006 at 03:17:53 PM Fee Amt: $47.00 Pape 1 of 9 Dubuque County Iowa Kathy Flynn Thurlow Recorder FUe2006-00004566 Prepared by: Laura Carstens. City Planner Address: 50 W. 13th St City Hall Telephone: 589-4210 Return to: Jeanne Schneider. City Clerk. Address: City Hal~ 50 W. 13"' Street Telephone: 589-4121 ORDINANCE NO. 27 -06 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 600 MAZZUCHELLI DRIVE FROM R-2 TWO-FAMILY RESIDENTIAL DISTRICT TO PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PR PLANNED RESIDENTIAL DISTRICT DESIGNATION AND ADOPTING A CONCEPTUAL DEVELOPMENT PLAN, WITH CONDITIONS, FOR RIVER POINTE DEVELOPMENT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CIT:' OF DUBUQUE, IOWA: Section 1. That Appendix A (The Zoning Ordinance) of the City of Du";:.:q:.J9 Code of Ordinances is hereby amended by reclassifying the hereinafter-cJescribed property from R-2 Two-Family Residential District to PUD Planned Unit development District with a PR Planned Residential District designation and adopting a conceptual development plan, a copy of which is attached to and made a part hereof. with conditions as: Lot 2 of City Lot 723, City Lot 698, City Lot 693A, Lot 1 of Lot 2 City Lot 694, Lot 2 of Lot 1 City Lot 694, Lot 2 City Lot 6~7, Lot 2 City Lot 726, Lot 2 of Lot 1 City Lot 725, Lot 1 of 1 of 19 City Lot 724 and Lot 2 of Roman Catholic Grave Yard, 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 the reclassification, the undersigned prcpe~y owner agrees to the followir.g conditions, all of which the property owner further agrees are reasonable and imposed to satisfy the public needs that are caused directly by the zoning reclassification: 17- @~~ .. 00. 00. - ~ E-- <z ~~ 00 .....u ~~ O~ ~o E--~ <=:l E--~ oo.~ z o - E-< -< U - ...l i:Q ;J ~ ~ o z o - E-< -< U - ~ - E-< c:.:: r..l U 0:: ,9 >... bI} .;;; {J .S '" .... ~ ro ~ Il) 0 ~ u..<::- o l-o '''0 -'u Cd ~ 0:: _ ~ " ~,,~,.9 ~ d ~ <+-- ~ c::: Il) 0 0 - b.O Il) ;.., 1:f.l"4-l "E CL) c:: 0....... ~ . o ;.., r./J. Cd 00 '.c IJ.) '"Cl 0.. r-: fJ ~ c::: ~ ~ .- 0.. C'd Il) 3OO~C::~ 5 ~ 0'"0 .- S ~.E'~ ~ o Cd;::$ ~ U -d"Q.S..<:: '"Cl"'24-l""ClCJ l-o ""' 0 0,) <IJ '" " ;....<::..<:: ~::c: ........~ ...... "O..<::@::ofJ go..o :::s..... ~ ~ U ~~ '-' aJ Q) Cd l-o <8"il&~<8 ..:<E-<;:>8"O I-< Q.)~..... c:: 2~:::Soro U4-<Qo::-.o 000<+--"":;0 !::l-oOIl>O ..... 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'< ::>" '" tI1 ~ 5=-8.. g.::s ~ S. _. ~ ...... g.S':::.:e.~ N"'::>"=..'" """'''':=.."" . - n~. V<J N S _. ~ S o () ......... ,.... o::::r"< ~ ::s 0, '" 0 0 (JQ . 0......,...., n ~gOg.cr c.. c. g. en ~ O'gc:..,,=,> '"1~.g~~ ~ ~ ~~ ~ &g.g.g.[ S'~:a::c::;; '" ~'< '" e; g.8..~~ c..n '" 00.. ~ S' c: "' 03 (tl 00 cr" '::$ ~. '" c: '" 3 rn ~'.c ." "" 0.. c: "" c: 00 :::s (1l ~ 2. ~~~~& ~.gj c.. ~ o' '" Ul 0 ::l 'i:S S ....."rA (tl _(JCj _ ""1 (tl (tI ::s o 0 :::s (";l ::: ~t'D--: - _ ""'t ~ ::T 0 e...:::s ('D :E () _ ~ J: ::;. 0 := ::r n :E o t'D E. ~ :;; ... '" _. g..::t. ::l ~ 0 (JQ ~ ::l \ - o :;; .?' ("') t"'l ::0 .., ... ." ... ("') > .., ... o z o ." "0 I:: t:I:l t'" ... ("') > .., ... ~ ~rJ1 63~ d~ iO~ dO ~"!"j (""':l~ O~ ~> ~ ~ - rJ1 rJ1 .. : i OFFICiAL PUBLICATION t nanilUlNC:l; NCi_ 27-08 _0 '_, I_ot 1 of 1 of 19 City La! 724 and Lot.? of Roman Catholic Grave Yard nnd .t~ the centerline of the adlolmng public right~of- way, all in ttle City of Du- buque, Iowa. Section 2. Pursuant to Iowa Code Section 414 5 (200~). and as an expre~s co~dJtlon of the reclassifi- cation, the undersigned property ~wner agrees to the f~lJowlng conditions, all of whIch the property owner further agrees are reasona- ble and imposed to satisfy the public needs that are ~aused directly by the zon- Ing reclassification; A. Use Regulations. The following regulations shall apply to all uses made of land in the above- described PUD District: 1) Principal permitted uses shall be limited to: a) Multi-family dwellings: Two (2) 120-unit condo- minium buildings. . 2) Accessory uses shall !nc~ude any use customarily inCidental and subordinate to the principal use it serves. B. Lot and Bulk Regula- tions. Development of land in the PUD District shall be regu- lated as follows: . 1) The proposed condo- minium development shaH l?e constructed in substan- tial compliance with the at- tached conceptual devel- opment plan. . 2) Maximum building height shall be limited to 16? ~eet and 12-stories for bU.lldlngs A and B. Building height shall be measured form, the floor elevation of I the first story to the peak of the highest roof structure C. Performance Standards .The development and m?-mtenance of uses in this PUD District shall be regulated as follows: 1) River Pointe Develop- ment, LLC shall contribute a totai of $150,000 toward off-site street improvements related to this...EUO. .IDa contribution shail be made in $50,000 increments, paid to the City of Dubuque in fiscal years 2012, 2013 and 2014. 2) Parking Regulations -Off~street parking shall be provided based on a ratio of 2.5 spaces per dwelling unit. -All vehicle-related fea- tures shall be surfaced with either asphalt or con- crete. -Curbing and proper sur- face drainage of storm wa- ter shall be provided. -All parking and loading spaces shall be delineated on the surfacing material by painted stripes or other permanent means. -The number, size and design of parking spaces shall be governed by appli- cable provisions of City of Dubuque Ordinances en- forced at the time of devel- opment of the lot. -The number, size, de- sign and location of park- ing spaces designated for persons with disabilities shall be according to the local, state or federal re- Quirements in effect at the time of development. 3) Blasting shall be pro- tlibited within the area governed by this planned unit development. 4) Site Lighting a) Exterior illumination Df site features shall be limit- ed to the illumination of the following: -Parking areas, driveways and loading facilities. -Pedestrian walkway sur- faces and entrances to building. -Screened storage areas. -Building exterior. b) Location and Design: -No light source shall provide illumination onto adjacent lots, buildings or streets in excess of 1.0 foot candle. -All exterior lighting lu- minaries shall be designed and installed to shield light ',1rom the luminaire at an- gles above. 72-degrees from vertical -A lighting plan shall be Included as part of site plan submittals that indicates types of lights used and ground light pattern for building lighting of building and parking-related fea- tures. -Fixtures mounted on a building shall not be posi~ tioned higher than the roofline of the building. -The top PDst mounted free-standing fixtures shall. not be higher than 30 feet above the ground. -All electrical service lines to posts and fixtures shall be underground and con- cealed inside the posts. 5) Storm Water Convey- ance: The developer shall be re- sponsible'for providing sur- face or subsurface con- veyance(s) of storm water from the lot to existing storm sewers or to flow line of open drainageways out- Side the lot in a means that is satisfactory to the City of Dubuque. Other applicable regula- tions enforced by the City of Dubuque relative to storm water management and drainage shall apply to the subject property. 6) Exterior Trash Collec- tion Areas: -The storage of trash and D. .open \::lace and Rec- ' reatlon Are3~ C?pe~ spa~ and land- scapmg In the I>\JO District shall be regulatecl as fol- lows: Those areas not designat- ed on the conceptual de- vel?p~ent plan shall be malntamed as open space as defined by Section 8 'of the Zoning Ordinance by the property owner andlor association E. Sign Regulations . 1) Signs in the PUD Dis- trict shall be regulated in ac~ordance with the OR OffJ?e Residential sign reg- u~atlons of the Zoning Or- dmance. . 2) Variance requests from sign requirements for size numtx:r and height shali be reViewed. by the Zoning Board of Adjustment in ac- cordance with Section 5-3 of the Zonrng Ordinance. F. .Other Codes and Reg- ulations . a) Service Jines: All elec- tnc !elephone, cable or oth- ~r Similar utility lines serv- J~g the bUilding and other SJte features shall be locat- ed underground. b} Final site development plans shall be submitted in accordance With Section 4-4 of the Zoning Ordinance pri- or. t~ construction of each bUlldmg and vehicle-related features unless otherwise exempted by Section 4-4. c) The. u~ of semi-trailers and shlppmg containers for storage is prohibited d) ~hese regulations' do not relieve the owner from other applicable city, coun- ty, state or federal codes regulations, laws and othe; contr?ls relative to the pla~nlng, construction, op- eration and m,anagement of property Within the City of Dubuque. G. Transfer of Ownership Transfer of Dwnership or le~se. of property in this PUD District shall include the transfer or lease agreement er or s awareness of the condi- tions authorizing the es- tablishment of the district H. Reclassification of Subject Property The City of Dubuque, Iowa, may initiate zoning reclassification proceedings to the R-2 Two-Family Resi- dential District in accord- ance with Section 6 of the Zoning Ordinance if the property owner fails to com- plete or maintain any of the conditions of this Ordinance. I. Modifications Any modifications of this Ordinance must be ap- proved by the City Council in accordance with zoning reclassification proceedings of Section 6 of the Zoning Ordinance. J. Occupancy Permits No occupancy permit shall be issued by the City ?f Dubu.que for property Included In the subject plan- ned unit development dis- trict 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 per- manent record of the con- ditions accepted as part of this reclassification appro- val. This ordinance shall be, binding upon the under- signed and his/her heirs, successors and assigns. Section 3. The foregoing amendment has heretofore been reviewed by the Zon- ing Advisory Commission of the City of Dubuque, Iowa. Section 4. The foregoing I amendment shall take ef- fect upon publication, as provided by law. Passed, approved and adopted this 20th day of March, 2006. Is/Roy D. Buol, Mayor Attest: Is/Jeanne F. Schneider, CMC, City Clerk ACCEPTANCE OF ORDINANCE NO. 27-06 I, A.J.Spiegel, represent- In-g River 'Pointe Develop- me'!t, LLC, property owner, havrng read the terms and conditions of the foregoing Ordinance No. 27-06 and being familiar with the con- ditions thereof, hereby ac- cept this same and agree to the conditions required therein. Dated in Dubuque Iowa this 6th day of March, 2006. Is/ AJ. Spiegel Published officially in the Telegraph Herald Newspa- per the 24th day of March, 2006. Is/ Jeanne F. Schneider, . CMC, City Clerk 1t3/24 STATE OF IOWA DUBUQUE COUNTY {ss: CERTIFICATION OF PUBLICATION I, Bev Engler, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: March 24, 2006, and for which the charge is $80.54. -~;'-a-~ c ~~8 ili ~j~ ~~ ijjl~~i~II'II~~ijii~fP.t itP;ill m!j!i!iiii~i!r~t~~!' ~~ ~ I"" : ~ ~~ ,_ ml' [ 'I . ,'[ !"i!~'l!:U 9~.~g,ii".'i!.' h~ii" .~I~:i 'I · ii' · q 'r> - f ' !' I' ,i I Ii ", 0.,_ """nl' fj1if:1 :,I~il~!;!j !!~,I! !!~lIHff:t'!iU: in f hi~ ;lllM ~ .' !~:; .:, ":l;iil!J~E~dU~!fII:!ijfl!im[p' 'J! ~i!~~ '0" '1',j';~""I" "'I'&!;l.",,,..., , , ""'l " "'hr..\u!Jo' ',-i, "~!'" '. '1,-" ill! l'lnl,; :", ;, I.,., " . ';! 'I~,!; til:~fh ff~~rf i ij 'i!:ff:flif;Li,! ft:! ~~ t~~Jfi1 .!ff~lfi~~~ J f ~! m;jfan~~h~h~H . ~f ;:!~~~ ~~UlifnliJ a _ · ~i ~, . , , ~- ~~, CD ~""\ ,; , ~ " ' " .... , . 1~ ror ~ a,. 03 :tl. o~--< 3:", 3 _. . 0 rn;:l~ llzm . C rn -n3--t mO'm OJ~:tl :.._;c: -"'~':l """ m ~g::Il S' '" i5.. 0' ... - o ~ :;'C/J ~~'l 8.. - o C7' '" ~S' '< @ ::;'3 '" '" Z o - E; '< ." ~ 0' S' [ " 0' N... Ot:! ~ '" n o [ :;< \ (')"l:l (") ",- ~ ~ ~~ ,~ .. '-< ~ ~ t'Ij 2::::;.8.. g,::> e; e -.::s _ (') __::s '" ~ =r'::::r-......"'l::S " NC'tl::::r-E..~ .,J::..~C'tl~t:C ... :::: n -'_. N ~ _. ~ ::::: 25 g. q ~ S' ,,0\ 8.. ~ 0 l)Q "'::>t:!:::'0 ::> 0 " ::>" '" 0............._""1 _. ...... ~~ ~ 8' ?5 ..5 ...., '="> ""1 ~ ~ !Po. ~ ~e5""'~~ _. n ~ 0 g.'" 0 '" 0 &"::>"0. :;'~a::r:::;:; ('tl CI.:l "-<:: C'tl ~ Q ::::r- 0 ""1 a. ::r'C'tlH-)E.. E;~t:!p..n (JQ ::> " '" 03 C'tl {J'j O"::s ~'e:,,, '" 3 '" o..g :;:; " 00 ::s C'tl ~ 2. ~~~.ga .,J::.. CI.:l 0.. C'tl _. . "t::::S ""1 0 '" C/J 0 ::> ~S-~sn ""1 ...... UQ ...... '" '" ~ o 0 ::s () ::s H-) C'tl,; ...... -. @ ~ ::::r- 0 --::s C'tl ~ n _ ~~ =S' 0 :::::.::rn~ o (ll E.. ~ :;:; ... '" _. g.. =-. ::> c~ 0 (JQ ~ ::> o - o :;:; .P' ("'J t"l ::c .., .... "'l .... ("'J ~ .... ~ o "'l "Ii ga t'" .... ("'J > .., .... o :.0: ~rJ1 ~,..;j t=> ~,..;j ,ot'!'j ~O t'!'j~ (j"""" 00 ~~ ~ ,....., rJ1 rJ1 .. 3340 Windsor Ave. Dubuque, IA 52001 February 22, 2006 Dear Mayor Buol, Mr. VanMilligan, and Council Members: Having followed proceedings of the city council meeting of Feb. 20 (-being unable physically to be present at the same), I wish to express my concerns and those of quite a number of my OSF Sisters and our employees regarding the decision to continue to consider possible approval of the River Pointe condominium plan, if adjustments are made to the plan. If you would provide reliable information, to the following questions I think you might "allay much of our fears" and concerns and find that we would be in agreement with your decision. Would you consider these in your own council group discussions -as you so graciously did to your Feb. 20th audience? Would you please give me a response by phone (583-9786) or by return mail to my request? / F PI' 5'11 f~f-i. ' QUESTIONS: (I) Will a reliable study provide information as regards the following? (a) The danger of excavating at great depth for the calculated number of parking spaces needed? At what cost? Would expenses be paid by the city, by local taxpayers, or by the builder? Would S1. Raphael's Cathedral - recognized as a historically significant structure - be endangered by excavating or by any accompanying building process? (b) Again, who pays for costs incurred by providing plumbing, electrical and other facilities? (2) Who will be able to afford residency in these condos? Will these be available to those of lower annual incomes? Is there reasonable assurance of almost full occupancy of all the units at this time? (3) Are the parking spaces allotted Mercy hospital patients endangered by occupancy by residents, visitors, and/or staff of the projected condo project? (4) What studies have been completed AT THIS TIME to assure safety in traffic plans? What are the cost estimates? Who will pay these? (5), As was suggested, could a FRANK LLOYD WRIGHT design guide the architect, insofar as is possible, reducing the present design to a "cantilevered- layered" grouping of units distributed facing~, south, and west; still utilizing the former Villa ground plan and facilities? (5) Finally, would not the same number be given employment no matter where this highrise structure would be built? Such a structure along the river would provide a magnificent view to many and could be an attractive structure as well. ~ "/ ! " ~<,",6!A,lj a~Af!4r<iI!!p~'I/ J/) ,.//u (L,' . I.) , '/;";:./ on' ~<-<L ~-;>//-ct->,:i'!J-1./2L/[r''''''!I''//a/f./]-(:fC:'' / (~. n.. ." ,/,( ;; , ,// r./ _/ Twin bldgs Page 1 of 1 Jeanne Schneider - Twin bldgs Date: Subject: "Kennicker, Robin" <robin _ kennicker@Jfllcgraw-hi11.com> <rdbuol@cityofdubuque.org>, <amichalski@cityofdubuque.org>, <kbraig@cityofdubuque.org>, <Ijones@cityofdubuque.org>, <k1ynch@cityofdubuque.org>, <jconnors63@mchsi.com>, <pcline@cityofdubuque.org>, <jschneid@cityofdubuque.org>, <ctymgr@cityofdubuque.org> 02/24/2006 1: 17 PM Twin bldgs From: To: Hello to all of you, I have a concern about the 2- 12 story bldgs. to be built on the bluff by Mercy hospital, I believe A.J. 5peigel owns the property. I live on the North end of town and went to a meeting up by Mercy hospital I had some time to look at the area for the new condos. I did have a few comments and suggestions to all of you. I imagined what if I lived there what would I do, I used the road from Mercy hospital to the property line of the condos, I did not use Cardiff road, Cardiff would not be my choice at all to travel on, the lane is too narrow and I wouldn't go down West 3rd in the winter time either, to risky. 50 I decided to go back towards Mercy much faster and easier. I also parked the car at Mercy Hospital and went up to the 6th floor to look out the windows to get a over view of the bluff area where the condos are to be built. After looking out the window I had to imagine what another 5-6 stories might look like. I can say I wasn't pleased by the thought. I also went to East Dubuque later that afternoon after my meeting, I stopped in downtown East Dubuque and parked at the end of a road. I looked over to the bluff in Dubuque and had to imagine again what the new condos would look like. Again I must say I wasn't impressed with the height of these bldgs. If I may suggest please try this option to help all of you decide, on which way to vote, please check out the location and drive to different parts of town and imagine what it would look like. I'm not against progress but, I would suggest a possible option that might work for everybody involved. My ideal would be to have 2- 6 story bldgs or 2- 8 story bldgs. put up on the bluff, with a creative touch to blend into the history of the city and the bluffs and this would also create less traffic and the contractors would still have something to build. I hope you all have a great weekend and thanks for taking part and caring for the town of Dubuque and it's citizens. Yours respectfully, Robin M. Kennicker file:/IC:\Documents%20and%20Settings\jschneid.000\Loca1%20Settings\ Temp\XPGrp W... 02/28/2006 Another suggestion Page 1 of 1 Jeanne Schneider - Another suggestion Date: Subject: "Kennicker, Robin" <robin_kennicker@ftcgraw-hill.com> <rdbuol@cityofdubuque.org>, <amichalski@cityofdubuque.org>, <kbraig@cityofdubuque.org>, <Jjones@cityofdubuque.org>, <klynch@cityofdubuque.org>, <jconnors63@mchsi.com>, <pcline@cityofdubuque.org>, <jschneid@cityofdubuque.org>, <ctymgr@cityofdubuque.org> 02/27/200610:05 AM Another suggestion From: To: Hi All, This is in reference to the Condos on the bluff, besides what I mentioned earlier in another email about the height and looks of the bldgs. I forgot to mention a possible option for the traffic concerns. As I was standing in front of the gates of the fence for the bluff area Condos. I was wondering if they could put a road to the south at the end of that property. This way there would be three roads to use. Cardiff road, Mazz road, and the new road to the south. This way the south road could be used for Heavy equipment and after the Condos are built the tenants could use this road to get in and out of the area This is another option to think about. Thanks again Respectfully Robin M. Kennicker P.S. you could call the new road Spiegel drive file://C:\Documents%20and%20Settings\jschneid.000\Local%20Settings\ Temp\XPGrp W... 02/28/2006 THE CITY OF l. , -~" I !3T ()I ;. ~""~,,,,,,,,,,-,,,,,,--,,,,,,,,",,,,.,-~, Planning Services Department City Hall 50 West 13th Street Dubuque, Iowa 52001-4864 (563) 589-4210 office (563) 589-4221 fax (563) 690-6678 TDD planning@cityofdubuque.org ~~~ February 6, 2006 The Honorable Mayor and City Council Members City of Dubuque City Hall - 50 W. 13th Street Dubuque IA 52001 Applicant: Location: Description: Jon Harvey, Stott & Associates Architects/River Pointe Development, LLC 600 Mazzuchelli Drive To rezone property from R-2 Two-Family Residential District to PUD Planned Unit Development with a PR Planned Residential 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 The applicant spoke in favor of the request, reviewing the proposed changes to the River Pointe development and updated information from a traffic study done at the intersection of West 3rd and Hill Streets. The applicant also reviewed a rendering of the two remaining condominium buildings that are 12-stores in height across their entire length. Staff reviewed that the revised project is being treated as a new application and was referred to the Zoning Advisory Commission by the City Council at their January 17, 2006 meeting. The reduction in the number of buildings proposed includes the elimination of the Community Center and assisted living facility. There were several public comments expressing concern about the scale and height of the two remaining buildings, parking on Cardiff Street and increased traffic congestion. Several speakers spoke in support of the project because of the number of jobs it would create and its positive economic impact on the community. The Zoning Advisory Commission discussed the request, and debated project density, the visual impact of the buildings, and traffic in the neighborhood. Commissioners agreed that economics are not what they should consider. Commissioners expressed concerns with eliminating parking along Cardiff Street. Commissioners also discussed payment for and requirement of off-site infrastructure improvements. Service People Integrity Responsibility Innovation Teamwork D~~%duE ~<-k~ MEMORANDUM January 24, 2006 FROM: Zoning Advisory Commission Kyle L. Kritz, Associate Planner i 1 1. TO: SUBJECT: City Council Referral - River Pointe Development INTRODUCTION At the January 17, 2006 City Council meeting, the Council referred the rezoning request by River Pointe Development back to the Zoning Advisory Commission. The applicant has revised the project to a degree that Corporation Counsel Barry Lindahl has interpreted that the Zoning Ordinance, under Section 3-5.5(H)(3), requires that the Zoning Advisory Commission hold a public hearing and review the latest version of the proposed River Pointe Development. DISCUSSION The River Pointe Development has changed in terms in the number of buildings on the site and the number of units. In addition, the location of the outdoor pool has changed and the amount of parking has been reduced in proportion to the reduction in the number of condominium units. In addition, the two buildings now proposed have been moved away from the bluff edge to address concerns raised at previous public hearings. The River Pointe Development is now comprised of two 12-story buildings with a total of 240 condominium units. The 36-unit assisted living building has been eliminated from the previous request and the total number of condominium units has been reduced from 250 to 240. By way of a comparison, the original submittal reviewed the Zoning Advisory Commission contained 400 condominium units, a 50-unit assisted living facilitY, and a 10-story office building. The applicant received a recommendation of denial by the Zoning Advisory Commission at their October 2005 meeting and elected to withdraw that application and resubmit a new application for the Zoning Advisory Commission's December 2005 meeting. That proposal entailed a total of 250 condominium units spread among four buildings with a step-down profile and 36 units of assisted living in a single-story building. That request was also recommended for denial by the Zoning D~~~E ~ck~ MEMORANDUM February 6, 2006 TO: Jeanne Schneider, City Clerk FROM: Laura Carstens, Planning Services Manager SUBJECT: Percentage of Opposition to River Pointe LLC rezoning on Mazzuchelli Drive Planning Services staff has reviewed a letter and petition received on January 31 and February 1, 2006 respectively, submitted by neighbors in the Cardiff Street and St. Mary's Street area. The neighbors are opposed to the proposed rezoning of the property located at the east end of Mazzuchelli Drive for the River Pointe LLC condominium complex project. The applicant proposed rezoning the property from R-2 Two-Family Residential zoning district to PUD Planned Unit Development. The Zoning Advisory Commission recommended approval of the rezoning request at their February 1, 2006 meeting. The petition and letter contain 16 names of property owners within 200 feet of the subject property that are opposed to the rezoning. This represents 25.9% opposition to the rezoning. Therefore, a super majority is required for City Council approval of this rezoning. This memo is provided for your information. LC/mkr Cc: Michael C. Van Milligen, City Manager Barry Lindahl, Corporate Counsel , BAR R Y A. L I N D A H L, E S CORPORATION COUNSE CITY OF DUBUQUE MEMO To: Mayor Roy D. Buol and Members of the City Council DATE: January 17, 2006 RE: River Pointe Development You have on tonight's agenda the revised plan for this project which is a reduction in the size and intensity of the proposed development. Ordinarily, where there is a reduction in the size and intensity of a proposed development such as this, we would not consider this to be a material change in the development plan which would require that it be reconsidered by the Zoning Commission under section 3-5.5H3 of the Zoning Ordinance which provides that "a new or amended conceptual development plan may be filed at any time within the period of time as established by the adopting ordinance and shall follow the same procedure as for the original submittal." At 4:38 p.m. this afternoon, I received this attached em ail from Attorney Robert J. Murphy who represents Nagle Publications, describing the previous plan as "radically different" from the original plan. In light of the controversial nature of this proposed development, and because of the written objection to the plan, I recommend that the revised plan be sent back to the Zoning Commission for further consideration. Attachment cc: Michael C. Van Milligen, City Manager Cindy Steinhauser, Assistant City Manager Laura Carstens, City Planner Steve Juergens, Esq. SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 583-4113/ FAX (563) 583-1040/ EMAIL BALESQ@CITYOFDUBUQUE.ORG Page I of I Barry Lindahl - City council meeting From: To: Date: Subject: CC: <murlaw2@aol.com> <kkritz@cityofdubuque.org>, <balesq@cityofdubuque.org> 1/17/20064:38 PM City council meeting <MurI2345@aol.com> Kyle L. Kritz kkritz@.cityofd!lbuq!le.org ROBERT J. MURPHY Attorney at Law Suite 3 EDSB Building 3999 Pennsylvania Avenue Dubuque, Iowa 52002 Telephone (563) 557-9000 Facsimile (563) 557-9025 January 17,2006 Barry Lindough balesq@cjtyofd!lb!ll.}ue.org Re: River Pointe Development Dear Mr. Kritz and Mr. Lindough: As you know, I represent Nagle Publications with regard to the River Pointe Development, LLC?s project. I just had the opportunity to view the new site plan and it occurs to me that this plan is so completely different that this reading at the city council meeting should be rolled back to a first reading rather than a second reading, as people are going to need the time to absorb the information to determine whether this really is an improvement over previous plans. The plan is so radically different it does not make sense for there to be a second reading on a plan that doesn?t exist anymore. Rather, the city council should view this as a first reading and have two further readings with regard to this project. Best regards. Very truly yours, Robert J. Murphy RJM:crw D~~~E ~ck~ MEMORANDUM December 28, 2005 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: River Pointe Development Attached are the questions that were sent to A.J. Spiegel for the January 3,2006 public hearing on the River Pointe Development. (11 j ~ fitvlff MTaiael c. Van Milligen ----- MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Laura Carstens, Planning Services Manager Gus Psihoyos, City Engineer Di:i~%duE ~Y4-~ MEMORANDUM December 22, 2005 TO: Michael C. Van Milligen, City Manager FROM: Laura Carstens, Planning Services Manager.p SUBJECT: River Pointe PUD - City questions Enclosed as you requested is information on questions from City Council members and staff regarding the rezoning request filed by A. J. Spiegel for River Pointe PUD (Planned Unit Development). Current and incoming City Council members were contacted regarding this PUD proposal. Enclosures include the following: );> A letter to A. J. Spiegel from Associate Planner Kyle Kritz dated December 21, 2005 that transmits questions from City Council members regarding the PUD request, as requested. );> Questions provided by individual City Council members in writing or verbally to City staff as indicated in the enclosures. );> Questions from City staff. Please note that not all City Council members had questions regarding the River Pointe PUD. LC/mkr Enclosures cc: Barry Lindahl, Corporation Counsel Kyle Kritz, Associate Planner Gus Psihoyos, City Engineer THE CITY OF , 1...- Planning Services Department City Hall 50 West 13th Street Dubuque, Iowa 52001-4864 (563) 589-4210 office (563) 589-4221 fax (563) 690-6678 10D planning@cityofdubuque.org ~~~ December 21, 2005 A.J. Spiegel River Pointe Development, LLC 8650 Enterprise Drive Peosta IA 52068 Dear Mr. Spiegel: This letter provides the questions from City Council members regarding your proposed River Pointe Development on Kelly's Bluff. I have broken the questions down into three primary categories - traffic, geology, and project scale. Questions that didn't fall into those categories were grouped under "other." TRAFFIC );- Provide additional information on the impact of the project's traffic on intersection of Hill and 3rd Streets. );- How much will each of the improvements identified in the traffic study cost and who is going to pay for each of those improvements? );- During construction phase, please discuss the traffic of trucks in and out of the property. How disruptive will this be to the neighbors? Which route will be used? );- Can any improvements be made to Cardiff Street to handle the traffic that will use it? );- Can the alleys be improved to allow parking off the alleys? );- The overriding concern is traffic! I really like and respect Tony Zelinskas, but I am simply not convinced that the traffic study is accurate. I don't care what the statistical studies say. I'm up there all the time at all hours and what is in the report is not in my experience!! Why was 3rd and Hill Street not included? Why was the really substandard street that everyone in Dubuque knows as 3rd to be not addressed? Why is the Cardiff situation not being addressed? Why is no one acknowledging that this project will add over 250 residences to a less than 14-acre site, in an area that already experiences difficult traffic situations? GEOLOGY );- How much underground testing (if any) has been done on project site? Service People Integrity Responsibility Innovation Teamwork Letter to A.J. Spiegel December 21, 2005 Page 3 ~ As he did at the north bluff, Mr. Spiegel is, I believe, overbuilding the lot. This will result in a number of problems related to traffic, storm water control, erosion, and even safety. }- Unlike some of the protestors to the project, I do not believe that the project is overly dense. Good urban planning favors a considerable degree of density. If the buildings were attractive and fit well into the amount of land available, I would not have any questions about density, except for the related traffic issues. OTHER ~ How can we be assured that local labor will be used in this project, if approved? ~ The issue of burial grounds has been raised. What needs to be done to address this concern? }- The condo that will be built closest to Mr. Nagel's property, how far away will your condos be from his property? ~ I know that "aesthetics" has become a dirty word, but "the character of the district" is a legitimate concern as is "the peculiar suitability of such area for a particular use" not to speak of "...the most appropriate use of land throughout such city." The look of our buildings is uniquely important in Dubuque. I am not one who says that buildings built in the 20th century should look like buildings from the 18th century, but harmony and integrity are extremely important architectural and development principles and should not be ignored. }- I will expect a more specific commitment from Mr. Spiegel and staff in regard to storm water and erosion control. General reassurance that "everything will be fine" is not enough. Please be prepared to provide responses to these questions for the City Council meeting on Tuesday, January 3, 2006. Written information for the Council packet will need to be submitted by noon on Wednesday, December 28, 2005. If you have any questions, please feel free to contact me at 589-4210. Since:;' 1 ~ Kyle L. Kritz 11 Associate Planner KLKlmkr cc: Mike Van Milligen, City Manager Laura Carstens, Planning Services Manager Gus Psihoyos, City Engineer COpy -'-~-+O~"''''-':''' >"'M tl'tlV\ '1nl~ January 30, 2003 Ms. Laura Carstens, City Planner City Hall - Planning Department 50 West 13th Street Dubuque, IA 52001 Re: Zoning Reclassification Public Hearings Dear Laura: I have recently provided you with an opinion that comments from the public at a public hearing on a zoning reclassification before the Zoning Advisory Commission should be germane or relevant to the zoning reclassification. You have now asked us for guidance on the question of what comments would be germane or relevant The best way to answer that question is to review the ba>;is for zoning regulations set out in Iowa Code Chapter 414. Iowa Code 9414.1 provides that a city is empowered to regulate and restrict the following: . the height, number of stories, . the size of buildings and other structures, . the percentage of lot that may be occupied, . the size of yards, courts, and other open spaces, . the density of population, and . the location and use of buildings, structures, and land for trade, industry, residence, or other purposes. The purpose for such regulations, as set out in the statute, is for "promoting the health, safety, morals, or the general welfare of the community or for the purpose of preserving historically significant areas of the community." - Under Iowa Code 9 414.2, the city council may divide the city into districts and within such districts, it may regulate and restrict the erection, construction, reconstruction, alteration, repair, or use of buildings, structures, or land, again for the purpose of promoting the health, safety, morals, or the general welfare of the community or for the purpose of preserving historically significant areas of the community. Under Iowa Code S 414.3, the regulations must be made in accordance with the comprehensive plan and designed to: . preserve the availability of agricultural land; __. consider the protection of soil from wind and water erosion; _. encourage efficient urban development patterns; . lessen congestion in the street; . secure safety from fire, flood, panic, and other dangers; . promote health and the general welfare; . provide adequate light and air; . prevent the overcrowding of land; . avoid undue concentration of population; . promote the conservation of energy resources; . promote reasonable access to solar energy; and _. facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements. The statute provides further that such regulations shall be made, "with reasonable consideration, among other things," to the following: ..... The character of the area of the district -=. The peculiar suitability of such area for particular uses, and __. With a view to conserving the value of buildings and encouraging the most appropriate use of land throughout such city. In' our opinion, public comments that relate to any of these purposes and considerations would be germane or relevant to a zoning reclassification issue. Very sincerely, Barry A. Lindahl, Esq. Corporation Counsel BAUls cc: Mayor and City Council Members Michael Van Milligen, City Manager Eugene Bird, Chairperson, Zoning Advisory Commission Kyle Kritz, Associate Planner Questions for Mr. SPieoel 1) Regarding blasting at the site: How much will this affect the adjacent properties with noise, dust, shaking of their homes or land? How many days of potential blasting? 2) The issue of Burial Grounds has been raised. What needs to be done to address this concern? 3) The condo that will be buill closest to Mr. Nagel's property, how far away will your Cllndo be from his property? 4) Durin!} construction phase, please discuss the traffic of trucks in and out of the property. How disruptive will this be to the neighbors? Which route will be used? 5) A computer generated model of what the completed project will look like from the bridge, Port of Dubuque, and other areas would be helpful. Is this possible at Jhis point? Questions for the City Many people spoke of the traffic concerns. Even if Mr. Spiegel didn't build his development, it seems like we already have a problem in the area, especially at Third & Hill and also Langworthy-& Hill. Any plans to-alleviate some of the congestion in this area? Joyce Cormors J co nilors6.:?:eD nidi:;;;. com 582-3843 (hpme) 556-2580 (wprk) Questions from Ann Michalski I have reviewed a letter from Barry Lindahl to Laura Carstens dated January 20, 2003 and copied to the City Council. In it Barry summarized the Iowa Code regarding zoning classification and reclassification. I attach a copy ofthis letter, not because you are not familiar with it (I'm sure you are!) but to show you the source of most of my concerns and questions. In addition, I have a few concerns that arise from Mr. Spiegel's other bluff project. Cohcer-l"Is 1. I have what I believe are legitimateA"egarding the height and the number of stories. The modifications already made/help - and I realize the motive for making these building so tall- but the buildings' height seeffiitotally out of proportion to the size and the conformation of the bluff. 2. The size and bulk of the buildings I find inappropriate and offensive. Located as they are to the very front ofthe bluff, they are overwhelming. I do not believe that good architectural practice counts "overwhelming" or "monster" as a good principle. 3. As he did at the north bluff, Mr. Spiegel is, I believe, overbuilding the lot. This will result in a number of problems related to traffic, stormwater control, erosion, and even safety. 4. Unlike some of the protesters to the project, I do not believe that the project is overly dense. Good urban planning favors a considerable degree of density. If the buildings were attractive and fit well into the amount ofland available, I would not have any questions about density, except for the related traffic issues. 5. I am concerned that the development will go to the very front of the bluff (see above). This is where the bluffs are most fragile (see the current bluff study from the Eagle Point project). Mercy is on a bluff, as are Mount Carmel and other major Dubuque buildings, but they are built well back from the tip and on, I think, more secure soil. 6. I will expect a more specific commitment from Mr. Spiegel and staff in regard to stormwater and erosion control. General reassurance that "everything will be fine" is not enough. 7. The overriding concern is TRAFFIC! I really like and respect Tony Zelinskas, but I am simply not convinced that the traffic study is accurate. I don't care what the statistical studies say. I'M UP TIIERE ALL TIIE TIME AT ALL HOURS AND WHAT IS IN TIIE REPORT IS NOT IN MY EXPERIENCE!! And why was 3rd and Hill not included? Why was the really substandard street that everyone in Dubuque knows.t.to be not addressed? Why is the Cardiff 31'"<1 situation not being addressed? Why is no one acknowledging that this project will add over 250 residences to a less than 14 acre area in an already difficult traffic situation? I just don't get it. 8. I know that "aesthetics" has become a dirty word, but "the character of the district" is a legitimate concern as is "the peculiar suitability of such area for a particular use" not to speak of" .. . the most appropriate use of land throughout such city." The look of our buildings is uniquely important in Dubuque. I am not one who says that buildings built in the 20th century should look like buildings from the 18th century, but harmony and integrity are extremely important architectural and development principles and should not be ignored. 9. I have heard Mr. Spiegel's assurances that Terracon will be doing soil studies. Will this be the same protocol as was used at Eagle Point Park? There the damage was done before the studies were completed. Limestone is not granite and cannot be treated as if it were. I did vote for the project on Monday and I would like to vote for it again at the next two meetings, but I cannot cast a positive vote in good conscience if these concerns of engineering suitability, traffic, and aesthetics cannot be answered. No one values good jobs and steady paychecks more than I do, but these cannot be to the long term detriment of our city. I hope these questions and concerns can be resolved. They are not easy ones for Mr. Spiegel or for me! December 21,2005 -:z::-"J,,,,,.MlC~,''''^ kJ.DM {NV\ -rY/J~~ COpy January 30, 2003 Ms. Laura Carstens, City Planner City Hall - Planning Department 50 West 13th Street Dubuque,IA 52001 Re: Zoning Reclassification Public Hearings Dear Laura: I have recently provided you with an opinion that comments from the public at a public hearing on a zoning reclassification before the Zoning Advisory Commission should be germane or relevant to the zoning reclassification. You have now asked us for guidance on the question of what comments would be germane or relevant. The best way to answer that question is to review the basis for zoning regulations set out in Iowa Code Chapter 414. Iowa Code ~ 414.1 provides that a city is empowered to regulate and restrict the following: . the height, number of stories, . the size of buildings and other structures, . the percentage of lot that may be occupied, . the size of yards, courts, and other open spaces, . the density of population, and . the location and use of buildings, structures, and land for trade, industry, residence, or other purposes. The purpose for such regulations, as set out in the statute, is for "promoting the health, safety, morals, or the general welfare of the community or for the purpose of preserving historically significant areas of the community." Under Iowa Code ~ 414.2, the city council may divide the city into districts and within such districts, it may regulate and restrict the erection, construction, reconstruction, alteration, repair, or use of buildings, structures, or land, again for the purpose of promoting the health, safety, morals, or the general welfare of the community or for the purpose of preserving historically significant areas of the community. Under Iowa Code S 414.3, the regulations must be made in accordance with the comprehensive plan and designed to: . preserve the availability of agricultural land; -""". consider the protection of soil from wind and water erosion; _. encourage efficient urban development patterns; . lessen congestion in the street; . secure safety from fire, flood, panic, and other dangers; . promote health and the general welfare; . provide adequate light and air; . prevent the overcrowding of land; . avoid undue concentration of population; . promote the conservation of energy resources; . promote reasonable access to solar energy; and _. facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements. . The statute provides further that such regulations shall be made, "with reasonable consideration, among other things," to the following: -.. The character of the area of the district -=. The peculiar suitability of such area for particular uses, and -.-. With a view to conserving the value of buildings and encouraging the most appropriate use of land throughout such city. In our opinion, public comments that relate to any of these purposes and considerations would be germane or relevant to a zoning reclassification issue. Very sincerely, B<3rry A. Lindahl, Esq. Corporation Counsel BAUls cc: Mayor and City Council Members Michael Van Milligen, City Manager Eugene Bird, Chairperson, Zoning Advisory Commission Kyle Kritz, Associate Planner QUESTIONS FROM COUNCIL MEMBER PAT CLINE: (As provided to Mike Van Milligen over the phone 12/20/05) ~ Will there be blasting in the construction process? ~ What will be done to avoid a negative impact on the homes in the area from the construction practices - Le., blasting, excavation of rock, etc.? ~ Can any improvements be made to Cardiff Street to handle the traffic that will use it? ~ Can the alleys be improved to allow parking off the alleys? QUESTIONS FROM COUNCIL MEMBER DAN NICHOLSON: (As provided to Kyle Kritz over the phone 12/20/05) ~ Has any underground testing been completed? ~ How much rock will have to be removed along edge of bluff where parking garages will be constructed? ~ Can rock removal be accomplished by sawing? QUESTIONS FROM COUNCIL MEMBER JOHN MARKHAM: (As provided to Kyle Kritz over the phone 12/20/05) }> How will blasting be accomplished and impact to adjacent property. }> Impact of project traffic on West 3rd and Hill Streets. }> Depth of rock that has to be removed to construct underground parking and it impact on bluff stability. QUESTIONS FROM COUNCIL MEMBER KARLA BRAIG: (As provided to Kyle Kritz over the phone 12/20/05) ~ Can scale of project be reduced to eight stories? If not, why? ~ How can we be assured that local labor will be used in this project, if approved? QUESTIONS FROM MAYOR-ELECT ROY BUOL (As provide to Kyle Kritz over the phone 12/20/05) ~ Impact of addition traffic on intersection of W. 3rd Street and Hill Street. ~ Is there any ability to compromise on scale of project? QUESTIONS FROM CITY STAFF: >- How much would each of the improvements cost that are identified in the traffic study? >- Who is going to pay for each of these improvements? PLANNED DISTRICT STAFF REPORT Zoning Agenda: February 1, 2006 Project Name: River Pointe Property Address: 600 Mazzuchelli Place Property Owner: River Pointe Development, LLC Applicant: Stott & Associates/A.J. Spiegel Proposed Land Use: Residential/office Proposed Zoning: PUD Existing Land Use: Vacant Existing Zoning: R-2 Adjacent Land Use: . North - Residential East - Residential South - U.S. Highway 20 West - Medical services/residential Adjacent Zoning: North - PR East - R-3 South - OS West - ID/R-2 Flood Plain: N/A Total Area: 14.88 acres Water: Yes Existing Street Access: Yes Storm Sewer: No Sanitary Sewer: Yes Previous Planned District: None. Purpose: The requested rezoning to PUD Planned Unit Development with a Planned Residential/Planned Office designation is to facilitate the construction of the River Pointe development, comprised of 240 residential condominiums. Property History: The property was the site of St. Dominic Villa until approximately 2003. The existing structures on this site have been removed by the current property owner and the site has been graded and seeded. Physical Characteristics: Access to the site can be obtained by either Mazzuchelli Place or Cardiff Street. The site encompasses approximately 14.5 acres on what is locally known as Kelly's Bluff. Approximately half the site is relatively flat while the remainder is steep wooded slopes that abut property fronting on St. Mary's Street, U.S. Highway 20 and Kelly's Bluff Lane. . Conformance with Comprehensive Plan: The 2002 Comprehensive Plan Land Use Map designates the property as multi-family residential. This project involves the Comprehensive Plan Land Use Element: Goals 1.1, 1.2,4.5,5.1,5.4,6.1,6.3,7.1,7.2, 7.3, 9.1, 9.2, 9.3, and 10.1. Planned District Staff Report - River Pointe Development Page 2 Information from the Long Range Planning Advisory Commission is also attached to this staff report for the Commission's review. Staff Analysis: Streets: No new public streets are proposed as part of this development. The proposed PUD will be served by a looped private drive that will be privately maintained. Access to this site is from a single point, accessed by either Mazzuchelli Place or Cardiff Street. Sidewalks: The proposed development includes walking paths that provide pedestrian circulation throughout the development. Parking: Off-street parking is being provided for the proposed condominium buildings and assisted living building. 2.5 parking spaces are provided per condominium unit. The proposed parking ratios meet or exceed the City Zoning Ordinance requirements. Lighting: New outdoor lighting will need to be carefully designed to not adversely impact adjacent property. The draft PUD Ordinance requires all outdoor lighting to utilize 72-degree cut-off light fixtures for both freestanding and wall-mounted applications. Signage: Signage will be provided based on the OR Office Residential signage requirements. Bulk Regulations: The proposed structures in this PUD will be located in substantial compliance with the submitted conceptual plan. The height of buildings A and B will be a maximum of 12 stories or 165 feet in height. Permeable Area (%) & Location (Open Space): The proposed project will cover approximately four (4) acres of the 14.5 acres available with impervious surface including buildings, parking and drive areas. Open space is provided throughout the project between buildings and the proposed private drives. A majority of the green space is located on the west and south sides of the property. Landscaping/Screening: The submitted conceptual plan indicates the existing tree line is to remain as well as noting possible locations of new trees to be planted. A detailed landscape plan is required as part of a future major site plan. Phasing of development: None submitted. Impact of Request on: Planned District Staff Report - River Pointe Development Page 3 Utilities: Existing City water and sewer mains already serve the subject site. The Engineering and Water Departments have reviewed the conceptual plan and do not anticipate any major issues regarding serving the proposed development. Traffic Patterns/Counts: Access to the site is by way of either Mazzuchelli Place or Cardiff Street. There are no traffic counts for either street. Mazzuchelli Place heads to the west and intersects with James Street and Langworthy Street north of the main entrance to Mercy Medical Center. Cardiff Street runs north and south and intersects with West 3m Street. Public Services: Existing public services are adequate to serve the site. Environment: Staff anticipates that the proposed development will have impacts related to storm water management and erosion control during each phase of development. The developer has indicated that storm water drainage will be directed to the south away from existing residential homes located along St. Mary's, West 3m, and Cardiff Streets. Adjacent Properties: The most likely impacts to adjacent property will be an increase in the volume of vehicle trips utilizing Mazzuchelli Place and Cardiff Street as well as a significant visual change to the area. Potential impacts to adjacent properties during construction will include increased noise and construction-related traffic. Storm water, rocks and dust will need to be carefully controlled during construction to minimize impacts to surrounding properties. CIP Investments: None proposed. Staff Analysis: The proposed River Pointe Development is located at the intersection of Mazzuchelli Place and Cardiff Street. The subject property is locally known as Kelly's Bluff and was the former site of St. Dominic's Villa. The four (4) story concrete building was reCently demolished and the site graded and seeded by Royal Oaks Development. The proposed River Pointe project encompasses two (2) high rise condominium buildings. The previous request entailed four (4) buildings with 250 condominium dwelling units and a 36-unit assisted living residence in a single level building. Access to the site is located at the intersection of Mazzuchelli Place and Cardiff Street with a single access point to the development. The internal roadways are private drives that will be owned and maintained by the development. Parking facilities are provided both in surface parking lots as well as underground parking garages that would serve the individual condominium buildings. The developer has submitted renderings of the project showing the proposed condominium buildings. The proposed high rise condominium buildings will be twelve (12) stories in height. The developer is also proposing a swimming pool on the east end of the development. The developer has indicated that a maximum of 240 condominiums will be built. Planned District Staff Report - River Pointe Development Page 4 The proposed development includes both surface and underground parking. The proposed off-street parking will meet or exceed the City of Dubuque's Zoning Ordinance requirements. Based on the number of dwelling units (240), 480 off-street parking spaces for the condominiums will be required when River Pointe is fully built out. The City of Dubuque Engineering and Water Distribution staff members have met with the developer and reviewed the proposed development. Currently, the site is served by City water and sewer. However, some upgrades to those utilities will be necessary to accommodate the proposed development. The Water Distribution Division staff has recommended that an additional 8-inch water main be installed as part of the project to create a service loop within the development. This will help ensure adequate pressure and quantity of water should there be a water main break. The developer and City Engineering staff have identified storm water control as an important issue on this project. The developer and Engineering staff have agreed that storm water be directed to the south away from existing developed residential areas to the east and north. The area to the south is currently vacant land along U.S. Highway 20. The proposed development includes areas reserved for storm water detention. The storm water will be detained on-site as required by City standards. The proposed project increases the impervious area from 1.5 acres to approximately three (3) acres when compared to the former use of the site as St. Dominic's Villa. Detailed storm water calculations and detention basin design will be reviewed as part of the site plan review process. The City's Fire Chief and Fire Marshal met with the project developer and have reviewed, on a preliminary basis, the needs of emergency services. The proposed height of condominium buildings A and B will require that they be built to high rise building standards. Any building over eight stories is designed to playa more active role in protecting the occupants during a fire to allow additional time for emergency personnel to reach the occupants. Fire and Building Department staff will review detailed building and sprinkler system plans for all structures as part of the normal review process for new buildings. The developer indicated that there may be a gated entrance to the development. The Fire Chief and Fire Marshal recommend having a preemption device similar to that used by emergency vehicles in the City to preempt the traffic signs at City intersections to facilitate access to the development by emergency vehicles. The applicant has submitted a traffic study completed by WHKS & Company that reviews potential impacts to the surrounding street system from the proposed- development. A copy of the introduction and executive summary are attached to this staff report. In addition, a copy of a letter providing updated information requested for Hill Street and West 3m Street intersection is attached. Access to the site is provided by Mazzuchelli Place and Cardiff Street. Mazzuchelli Place intersects with James Street and Langworthy Street near the main entrance to Mercy Medical Center and Cardiff Street intersects with West 3m Street immediately to Planned District Staff Report - River Pointe Development Page 5 the north. Cardiff Street is built to the City's residential street standard of 31-foot of paving and 50-foot of right-of-way. Cardiffs intersection with West 3rd Street is substandard in terms of its transition grade exceeding 3%. Mazzuchelli Place is substandard in terms of its paving width. Currently, Mazzuchelli Place is paved to a width of 20 feet with parking prohibited on both sides. There are no current traffic counts for either street. The accident history was reviewed for Cardiff Street and . Mazzuchelli Place and their intersections with surrounding streets. The data base provided by the Iowa Department of Transportation indicated that there have not been a significant number of accidents in the last four years and none of the accidents involved personal injuries. The information is included on Page 11 (Figure 5.8) of the traffic study. The proposed River Pointe Development could generate approximately 1,000 average daily trips when fully developed. Vehicle trips were estimated based on information obtained from the Institute of Transportation Engineers Trip Generation Manual utilizing the average rate for high-rise condominiums and assisted living facilities. Attached to this staff report is a copy of the Engineering Department's memorandum that reviews the submitted traffic study findings. Typically, residential developments with this number of dwelling units have more than one access point to help ensure adequate emergency response in the event a storm blocks the access because of fallen trees or power lines. Staff has reviewed this issue with the developer who indicated there is no other feasible access to the property without buying adjacent property. In addition, the topography of the site limits the feasibility of alternative access points. The City's Fire Department did not object to the single point of access for the project provided that entrance is designed to minimize the potential for it to be blocked. Planning staff recommends that the Zoning Advisory Commission review Section 3-5.5 of the Zoning Ordinance that establishes criteria for reviewing planned unit development projects and Section 6-1.1 that establishes criteria for reviewing rezoning requests. Prepared by: Reviewed: V ~ P Date: /. 2, '/)b D~~~E ~ck~ MEMORANDUM January 25, 2006 FROM: Kyle Kritz, Associate Planner f\ () Gus Psihoyos, City Engineer ~ TO: SUBJECT: Review of Traffic Impact Study for proposed River Pointe Development INTRODUCTION The following is a summary of the updated traffic impact study for the proposed River Pointe Development at the east end of Mazzuchelli Place at the site that was formerly Saint Dominic Villa Convent at 156 Cardiff Street in Dubuque, Iowa. The study was revised to reflect the reduction of the number of dwelling units to 240 and the inclusion of the West 3rd/Hill Street intersection. DISCUSSION The proposed development is on a 14.5-acre parcel and will consist of two multi-story condominiums and a private swimming pool. The study anticipated 240 total living units. A single entrance at the intersection of Mazzachelli Place and Cardiff Street will service the development. The development will be constructed in two phases with the occupancy beginning in 2007. Traffic generated at this site is low in comparison to other sites of this size because of the residential type of development. City of Dubuque traffic representatives and the developer met in October to discuss the scope of the traffic study that needed to be conducted. There was agreement that the study did not include the intersection of West 3rd Street and Hill Street because it is anticipated that relatively few trips generated by the proposed site will access this intersection from West 3rd Street. It was felt that vehicles leaving the proposed site and wanting to travel to the west would take the more direct route of Mazzuchelli and Langworthy to Hill Street. Page 2 January 25, 2006 The traffic impact study shows all the intersections in the study area had low accident rates and low personal injury rates. The Engineering Department has received inquiries on the traffic accident history at the intersection of West 3rd Street and Hill Street. We looked into the traffic accident history at this location and found the accident rate to be elevated during some years but not for all. There did not appear to be any significant personal injuries since 2002. The developer has since been asked to include the intersection on 3'd and Hill Street into the traffic impact study. Current analysis of the intersection shows that there are periods of time when drivers experience significant delay and that a signalized intersection analysis indicates the intersection would operate acceptably with traffic signals. A signal warrant study would be required to determine if signals are needed. This new data shows that during full build out (2017) the development traffic is projected to be only 1.4% of the total traffic using the intersection. The study states that it has "verified that the small number of vehicles generated by the development that are anticipated to use this intersection will not have a significant impact on the intersection. The study suggests 80 percent of the traffic entering and exiting the proposed development would use Mazzuchelli Place/Langworthy Street to Hill. The study also shows that the remaining 20 percent of the traffic will use Cardiff Street. The consultant did run a sensitivity check at both of these intersections to make sure there would not be any major issues if these percentages were to change. The study area for this traffic study covered all direct accesses into and out of the development. Intersection "levels of service" were studied for the surrounding intersections and all were acceptable with the exception of the intersection of Langworthy at Hill Street. This intersection currently operates at a level of service "0" with 35 seconds of delay. Based on current traffic needs, the traffic impact study shows that this intersection will probably need a traffic signal sometime between the years 2012 to 2017 due to lack of adequate gaps for Langworthy onto Hill Street even without this new development. With the proposed development in place, the need for this signal gets pushed forward as early as 2010. Because of this lack of adequate gaps, delay along Langworthy westbound exceeds 90 seconds which is a level of service "F". The study states a signal warrant was not performed, but traffic signals would likely be warranted since geometric improvements on the east approach to Hill Street would not significantly improve the level of service of the intersection. The traffic impact study did analyze this intersection with a signal system and it functioned acceptably tlirough the year 2027 with the proposed development traffic. Since the Langworthy/Hill intersection currently operates at a level of service "0", it is our suggestion that geometric improvements be constructed that will assist the left-turning traffic exiting Langworthy westbound and the left-turning traffic southbound on Hill turning onto Langworthy Street. Page 3 January 25, 2006 The traffic impact study also suggested making some roadway improvement as follows: Mazzuchelli Street is currently only 20 feet wide and does not meet current city street standards. The study suggests that it may be desirable to improve this street between Cardiff Street and James Street, including the intersection with James Street to 31 feet wide. The study also had parking concerns at the following locations: "Parking is currently allowed on the south side of Langworthy Street in the area immediately adjacent to the west and east sides of the intersection (HILL). Field observations indicate the parked vehicles near the intersection are affecting the turning maneuvers to and from Langworthy Street, and it is suggested that the limits for parking be shifted away from the intersection." "Parking is also a concern on Cardiff Street. Currently, parking is allowed on both sides of the Cardiff Street. Field observations indicate that when cars are parked on both sides of the street, the resulting roadway width for vehicle movement is essentially a single lane. It is suggested that consideration be given to restrict parking on Cardiff Street to one side of the street only due to the congestion caused by the narrow roadway width." The developer has since studied the parking situation along Cardiff Street and found there is a need for parking along both sides of the street. CONCLUSION Based on the information above, it is our recommendation that MazzuchellilLangworthy Street be realigned and widened to a minimum of 31 feet from Cardiff Street to Hill Street, with a sidewalk along the south side. We also recommend the removal of parking 50 foot from the intersections along this route. Based on this traffic impact study, the proposed River Pointe Development is scheduled to be built over a 1 O-year time span. The traffic it generates at full build-out is relatively minor. These two factors give us a lot of flexibility to make any additional improvements that arise along the way. Below is a summary of the proposed improvements: Langworthy and Hill Intersection . Improve geometries to include a minimum of left-turn lanes for southbound Hill onto Langworthy and on Langworthy westbound turning south onto Hill. . Traffic signals in the year 2010 or sooner if warranted. . Remove on-street parking 50 feet from the intersection. Page 4 January 25, 2006 Langworthy and James Intersection . Improve intersection geometries. . Remove on-street parking 50 feet from intersection. Mazzachelli and Langworthy Streets . Realign and widen to 31 foot. . Install sidewalks along south side. West Third and Hill Street The development has no significant impact to this intersection. Base on existing operational issues observed, it is our recommendation to look into additional parking restrictions and other visibility constraints to improve the current operations at this intersection. It is also our recommendation, when determined necessary, to include this intersection in with the traffic signal warrant study that will be performed at Langworthy and Hill as these two intersections interrelate. The proposed development and the anticipated traffic it will generate can be accommodated with minor right-of-way acquisitions adjacent to the existing roadway along with the suggested roadway improvements, signal improvements and changes to parking as outlined in this traffic impact study and site plan. cc: David Ness P.E. Prepared by: Laura Carstens City Planner Address: 50 W. 13th SI.. City Hall Telephone: 589-4210 Return to: Jeanne Schneider. Citv Clerk, Address: City Hall- 50 W. 13m Street Telephone: 589-4121 ORDINANCE NO. -06 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 600 MAZZUCHELLI DRIVE FROM R-2 TWO-FAMILY RESIDENTIAL DISTRICT TO PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PR PLANNED RESIDENTIAL DISTRICT DESIGNATION AND ADOPTING A CONCEPTUAL DEVELOPMENT PLAN, WITH CONDITIONS, FOR RIVER POINTE DEVELOPMENT. 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 R-2 Two-Family Residential District to PUD Planned Unit development District with a PR Planned Residential District designation and adopting a conceptual development plan, a copy of which is attached to and made a part hereof, with conditions as: Lot 2 of City Lot 723, City Lot 698, City Lot 693A, Lot 1 of Lot 2 City Lot 694, Lot 2 of Lot 1 City Lot 694, Lot 2 City Lot 697, Lot 2 City Lot 726, Lot 2 of Lot 1 City Lot 725, Lot 1 of 1 of 19 City Lot 724 and Lot 2 of Roman Catholic Grave Yard, 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 the 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 the zoning reclassification: A. Use Reaulations. 600 Mazzuchelli Drive Page 2 The following regulations shall apply to all uses made of land in the above-described PUD District: 1) Principal permitted uses shall be limited to: a) Multi-family dwellings: Two (2) 120-unit condominium buildings. 2) Accessory uses shall include any use customarily incidental and subordinate to the principal use it serves. B. Lot and Bulk ReQulations. Development of land in the PUD District shall be regulated as follows: 1) The proposed condominium development shall be constructed in substantial compliance with the attached conceptual development plan. 2) Maximum building height shall be limited to 165 feet and 12- stories for buildings A and B. Building height shall be measured form the floor elevation of the first story to the peak of the highest roof structure C. Performance Standards The development and maintenance of uses in this PUD District shall be regulated as follows: 1) Parking Regulations ~ Off-street parking shall be provided based on a ratio of 2.5 spaces per dwelling unit. ~ All vehicle-related features shall be surfaced with either asphalt or concrete. ~ Curbing and proper surface drainage of storm water shall be provided. ~ All parking and loading spaces shall be delineated on the surfacing material by painted stripes or other pemianent means. ~ The number, size and design of parking spaces shall be govemed by applicable provisions of City of Dubuque Ordinances enforced at the time of development of the lot. 600 Mazzuchelli Drive Page 3 )> 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. 2) Blasting shall be prohibited within the area governed by this planned unit development. 3) Site Lighting a) Exterior illumination of site features shall be limited to the illumination of the following: )> Parking areas, driveways and loading facilities. )> Pedestrian walkway surfaces and entrances to building. )> Screened storage areas. )> Building exterior. b) Location and Design: )> No light source shall provide illumination onto adjacent lots, buildings or streets in excess of 1.0 foot candle. )> All exterior lighting luminaries shall be designed and installed to shield light from the luminaire at angles above 72-degrees from vertical. )> A lighting plan shall be included as part of site plan submittals that indicates types of lights used and ground light pattern for building lighting of building and parking- related features. )> Fixtures mounted on a building shall not be positioned higher than the roofline of the building. )> The top post mounted free-standing fixtures shall not be higher than 30 feet above the ground. )> All electrical service lines to posts and fixtures shall be underground and concealed inside the posts. 4) Storm Water Conveyance: The developer shall be responsible for providing surface or subsurface conveyance(s) of storm water from the lot to existing storm sewers or to flow line of open drainageways outside the lot in a means that is satisfactory to the City of Dubuque. 600 Mazzuchelli Drive Page 4 Other applicable regulations enforced by the City of Dubuque relative to storm water management and drainage shall apply to the subject property. 5) Exterior Trash Collection Areas: >> The storage of trash and debris shall be limited to that produced by the principal permitted use and accessory uses of the lot. >> All exterior trash collection areas and the materials 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. Exposed materials used to construct the opaque screen shall be similar in appearance to materials used for exterior building walls. All exterior entrances to a screened trash area shall be provided with a gate or door of similar design to that of the screen. If a 10-foot high screen fails to shield the exterior trash collection area from view from points inside or outside of the property, evergreen plantings may be required in addition to the screening. Evergreen plant materials shall be selected and designed so that they will screen the area from all off- site visibility within five (5) years. 6) Final site development plans shall be submitted in accordance with Section 4-4 of the Zoning Ordinance prior to construction of any buildings. D. ODen SDace and Recreation Areas Open space and landscaping in the PUD District shall be regulated as follows: Those areas not designated on the conceptual development plan shall be maintained as open space. as defined by Section 8 of the Zoning Ordinance by the property owner and/or association. E. Sion Reoulations 1) Signs in the PUD District shall be regulated in accordance with the OR Office Residential sign regulations of the Zoning Ordinance. 600 Mazzuchelli Drive Page 5 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. F. Other Codes and Regulations a) Service lines: All electric 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) The use of semi-trailers and shipping containers for storage is prohibited. d) These regulations do not relieve the owner from other applicable city, county, state orfederal codes, regulations, laws and other controls relative to the planning, construction, operation and management of property within the City of Dubuque. G. Transfer of Ownership Transfer of ownership or lease of property in this PUD District shall include the transfer or lease agreement a provision that the purchaser or lessee acknowledges awareness of the conditions authorizing the establishment of the district. H. Reclassification of Subiect Property The City of Dubuque, Iowa, may initiate zoning reclassification proceedings to the R-2 Two-Family Residential District in accordance with Section 6 of the Zoning Ordinance if the property owner fails to complete or maintain any of the conditions of this Ordinance. 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. Occupancv Permits No occupancy permit shall be issued by the City of Dubuque for property included in the subject planned unit development district until full compliance with this ordinance has been achieved. 600 Mazzuchelli Drive Page 6 K. RecordinQ 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. 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. The foregoing amendment shall take effect upon publication, as provided by law. Passed, approved and adopted this day of 2006. Roy D. Suol, Mayor Attest: Jeanne F. Schneider, City Clerk ACCEPTANCE OF ORDINANCE NO. -06 I, A.J. Spiegel, representing River Pointe Development, LLC, property owner, having read the terms and conditions of the foregoing Ordinance No. - 06 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 2006. By: A.J. Spiegel .....,- ,........ "'VV""1' TRAFFIC IMPACT STUDY FOR PROPOSED RIVER POINTE DEVELOPMENT OCTOBER 2005 Prepared for. RIVER POINTE DEVELOPMENT LLC Submitted to: THE CITY OF . . . . . . . . DUB E ~~~ \".\,,\11 LUffl. ,\ ,..;-s " '0' '/, <, 0..,.....'\ r. ~. "i'.. ",- .~.~~'~.:..:~.." .......<:~' ;':~~ .... '-ll', . -t.- _ :.. {..-'; :~j ~ l-l~^,rL !l:.':';- _ ~. ~ \..;r... ": -=:- _ = '-' : ZCl Ir~SKA.S : fF :: - l' . :;~\ 'IO~~90 .....S;~ -:-~;.., ;;....~...:.......; ..:>':':' '/1/, lOW>' \\\' '1111.1'll\.i'_": I hereby certify that this engineering document was prepared by me or under my direct personal supervision and that I am a duly licensed Professional Engineer under the laws of the Slate of lOW? /7" 4. ~ Michael A, ( ny) Zelinskas. P.E License number 10490 My license renewal date is December 31 2005, P~es or sheets covered by this seal: ALL . . . I WHKS&_co. I III I I III 1111 Shaping The Horizon 1 1 Introduction and Executive Summary 1.1 Purpose of Report and Study Objectives River Pointe Development LLC proposes to redevelop the former Saint Dominic Villa Convent property at 156 Cardiff Street, located at the east end of Mazzuchelli Place. The purpose of this report is to estimate the impacts the proposed development will have on vehicular traffic in the area. The report describes the existing vehicular volumes at the intersections near the subject property and estimates the impact of traffic generated by the proposed development at these intersections. No new intersections are proposed to serve the proposed development. The report also evaluates the accident history at the subject intersections and evaluates the warrants for signal installation. The report recommends improvements needed in the immediate project area due to the proposed development. 1.2 Site Location The project site is located in the City of Dubuque, Iowa, Section 25, Township 89N, Range 2E. The site location is the former Saint Dominic Villa Convent at 156 Cardiff Street, located at 1he east end of Mazzuchelli Place. The proposed development boundary and the intersections studied in this report are shown on the vicinity map. See Figure 1. 1.3 Executive Summary The proposed development is on a 15-acre parcel. A residential complex is proposed that will consist of four (4), multi-story condominiums and an assisted living center. It is anticipated that the site will have a total of approximately 286 units. The entrance for the proposed development will be on the east end of Mazzuchelli Race at the existing intersection of Mazzuchelli Place and Cardiff Street. This study has determined that the traffic generated by the proposed development can be accommodated by the single proposed entrance. Also, the traffic generated by the proposed development can be accommodated by the existing street system beyond the year 2027. The only intersection where the projected traffic volumes exceed the unsignalized intersection capacity is the intersection of Langworthy Street and Hill Street. Geometric improvements alone will not increase intersection capacity sufficiently and it is anticipated that traffic signals will be needed to provide adequate intersection capacity in the future. With or without the proposed development, the analysis indicates that signals will be required sometime between Year 2012 and 2017. Geometric improvements will not be required with the signal installation, however, it would be beneficial to restrict parking on Langworthy Street in the immediate vicinity of the intersection with Hill Street. Also, It is suggested that consideration be given to restrict parking on Cardiff Street to one side of the street only due to the congestion caused by the narrow roadway width. WHKS & CO. 2 ~~~";~f':~p, iiEl~~p~;~~~A\\'~,r, "-~::; 7'1 ./ I / / ."., 1"-...,.,- il' '(f~ ~tLiL~;;,;.' \ ~"l..-'l'~' ar(' I' 'I (/ ,i v """,."'j\ ,~-" f ~-""'i.<tP'.J.~'" 'l\~~" Q, )<, ! Nj! 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L...~\t.1t "'1 -;~\: :\__.-....,--..:..~'.,- "', ~\-,,""''( ;", ~l' ""f/' /""' I r< " ,,~ \\\ ~""v "'.."..\;:;..""",\,~\, i ~", J i :Et 1l--:L~ti:!~'f#:\4C>.~~\~ )A''f....i!,W4''l' ~~ .1/ /f / itr- f'1. ' ..- ~)\ v \ \;----, ____,~ "---" .' t: ~ I '\~ \ ?" ~'\~"f1~~...\ II( ---..,,, /' I ,l _~) / \ >fly'" .......,., \ ~',.".!ll t.~! ~ I' I -I "!!...!~ r...- '~~"' \...1. .';,.--7 'j. --- PROPOSED DEVEU~fPME.~JT/ .,-...... ~f:.' ......~~ ~.;;i'''''\~ ",~ '" / ( ~r~" '. ",)~~;..~.y;~- ',1::1 h,i', /. . 'j ~. ~~fJ--___r~i~.. .:?{::~*;,~ 1'S;l,l .>~.~"'.~~--l" ,f rJ LEGEhiO --..;;; ! t.~";;!!< ",,"r;...r;> al '''~'' It I ' . "~ ~, ~;$~>"-,9.'~;"'-: ~ l}~~~" !~",--,-~'-~i.-~...=-!' :"'iG~( · STlJDY INTERSECTIDNS Ii-If ~;f~~ ,~4.f:'-" [,\ .~"' &f'/ I \..,."...-.1--- SECTION UNE --~, ~l ' n....:H.',. '!j ,\, \'<,\ \' , ' '~P:ROPOSED DE'JElOt.!'\ENT ~~'~..Jd-y-:,.t~>~::~..c)~../~\. '1~~\ \~J\~\~f,l~\\\!:i.~.( '.' ,/ = -1/;:.. ~ "'<. /\'" ",,-.. ,f1/. . ~..'" ',,, ., '. ~. =-T"'.', . \. / "".'~"" .>',. ,,--,,~. ".' '" .\t.~, '~>'.':\'.\~"!! W.\ \', I '''''''''~j' ;..".---' ,~... ",. '2" .r ," ~.'- Vir 'I" )"....' r' , 'I i"'---{ II] 1.'IIl ../\f;> ":"~ ....\. " ~""\ ")'~' \'A 'iI-,/! t I. I' 't i\_ .L~;~'\ :;~;\y ,~....!-.:\ '~ft;~. . ~I': \ 1 .. ~~! "\,"-.,.>' ",p,/ ..... l / 'W___.T.tj.. u , ! I, .~~.", ,~_""", .--:...,..1):____'" I' ' i *'~~.~'--'--,..''''''.-7'''':;::.::' --r---"-i!"- "", I '. ~.:t"" 'I' ~'''l:-:tl r'--" ~':cJ; "t~ ~L" ,/( '::.1,.: , l ,....-; ('" ) "\ \ ( i " \ \ ~ J r----- Figure 1 - Vicinity Map 2 Proposed Development 2.1 Off-site Development The project area is essentially developed by Mercy Hospital, other medical faciltties, and residential . properties. WHKS has contacted Mercy Hospital and discussed possible future developments with the City and no significant developments that would affect the study area are known at this time. 2.2 On-site Development The proposed development is on a 15-acre parcel. A residential complex is proposed that will consist of four (4), multi-story condominiums and an assisted living center. It is anticipated that the site will have a total of approximately 286 units. For the purposes of the study, 250 condominium units and 36 assisted living units will be assumed. The site will also contain a community center and a swimming pool for the private use of he residents of the' proposed development. Traffic will access the site via a single site entrance at the intersection of Mazzuchelli Place and Cardiff Street. The development will be constructed in phases. Condo NO.2 will be built first, followed by Condo No.3, Condo No.4, and then Condo NO.1. It is anticipated that the Assisted Living facility will probably be built in two or three years, It is anticipated that Condo NO.2 will be occupied in 2007 and Condo No.3 in 2008. It anticipated that the condominiums will be fully constructed by 2017, The Conceptual Development Plan is shown in Figure 2. WHKS & CO. If-<e~;l!i ~"= ~ IlIII 111.... Oa. 'J"l f-<., . r/,l..< dIJI (11I-- --_.,-- -.---- --..--- ~'::-:..== >1'0'''-_' ""0 ~D[[ WojJQ P,Pnznw 909 ~ 31.NIOd ll~~ i <J<J! i ~ - I 11' I' A, 11 . Ifitl l! f! i'l I "I! I I Ii ,ff t Htl! I J.l ill l d hi 1 i it 11' ,i ; ; ,!f1ll~ 0 lJ 1; !1 ~,j 1 au a dl'I" , 'I ~Ill j'lfi , i lt~~~,lt'111Iil ,II Ij! 1 li! if' I JyyyJyJ' if_] I I ' ~ J ,~f ~m~m~hll~lll dl f1 f hilt I'IH 1 !niiij3I!~i h ul If]! 1 n1 1 ~~ ! ..."'*"'............ ,,~~;..,~:1:;...:: ~D,-<':\ 1'.\ .... " -:.'~, ...;~ .- .'\ . . ~l . . a. ,....... / 4 .s Area Conditions 3.1 Study Area The study area is composed of the following intersections and areas: . The intersection on Hill Street with Langworthy Street; . The intersections on W. 3'" Street with James Street and Cardiff Street; . The intersection on Langworthy Street I Mazzuchelli Place with James Street and the main entrance"to Mercy Hospital; . The intersection of Mazzuchelli Place and a Mercy Hospital private entrance; and . The intersection of Mazzuchelli Place with Cardiff Street and the access drive for the proposed development; As agreed with the City of Dubuque, the study does not include the intersection of West 3rd Street and Hill Street, because it is anticipated that relatively few trips generated by the proposed site will access this intersection from West 3'" Street. 3.2 Study Area Land Use The existing land use within the study area is a mix of residential and commercial uses. The Mercy Hospital campus and some related medical facilities are the primary land use within the study area. Single-family residences within the study area are located primarily along W. 3" Street, Cardiff Street and the east side of James Street. 3.3 Site Accessibility 3.3.1 Area Roadway System The study area is bound by West 3'd Street on the north, by US 20 on the south, and by Hill Street on the west. Due to steep existing terrain, there is no access to the site from the east and no direct access to US 20. See Figure 3 for the existing transportation system within the study area. 3.3.2 Transit Service The KeyLine public bus service Redline Eastbound and Redline Westbound routes stop at the Mercy Hospital main entrance a total of 2 stops per hour, generally. The buses operate on James Street and Mazzuchelli Place, tur.ning south onto the Mercy Hospital private roadway to access bus stops on the south side of the Mer.cy Hospital campus. There are no bus stops within the study area that would affect traffic operations at the'intersections under review. 3.3.3 Bicycle and Pedestrian System A designated bicycle route is not within the study area. Sidewalks are provided on both sides of all existing streets within the study area, except that sidewalks are not currently provided along Mazzuchelli Place. WHKS & co. hi - -< >- 133111S HI;;- 1 r .. z ~ w '" .... = '" u ~ = ~ ... ~ ~ ~ ~ '" .. ::; !i! l:! :!: ~ ~ ~ .... .... '!' ~ z .. ~ .... 15 x ~ .... ~ i I h >- 131YAIHdl r ~H1N3 1;)01 h~ ~ >- - +- - ~ 133l11S SJlVr--4 .- .~ DN'H1N3 NI'" 1:ll131 r . t + + 1 -7- -7- 133l11S 111N ~ -f t 133l11S 111H Lu ~~ ~ ~ I ~ . .... l:! ..... ~ II! '" ~ Ii! '" ,.. :z % '" ~ ,.. ~ ~ ~ !i \II ~ ~ TRAFF I.C IMPACT STUDY EXISTING TRANSPORTATION SYSTEM WHKS II< co. RIVER POINTE INTERSECTION LANE ASSIGNMENTS DEVELOPMENT LLC ~_. ~~ ,_~'OIIi_ DUBUQUE. IA FIGURE 3 ,M "SCOO5.. ~"NUII:. S.l$T 1IIIII~1lIlf. IU 1'I_l~l-l1.J:t 6 .$.4 Traffic Volumes 3.4.1 . Traffic Counts Traffic was counted at five of the existing intersections in the study area. Counts were taken in 15-minute increments between 7 AM and 9 AM, to capture the AM peak hour traffic, and between 4 PM and 6 PM, to capture the PM peak hour traffic. Counts were taken at the locations and dates shown in Table 1. Note that the Cardiff Street! Mazzuchelli Place intersection was not counted. Instead, the Cardiff Street! West 3"' Street intersection and the Mazzuchelli Place! Mercy Hospital Private Drive intersection (located east of James Street) were counted concurrently. Intersection Code Name 1 Cardiff Street / W. 3 Street 2 Mazzuchelli Place / Mercy Private Dr. 3 James St.I Langworthy St.I Mazzuchelli 4 James Street / W. 3rd Street 5 Langworthy Street / Hill Street Table 1 - Traffic Count Schedule 10/25/05 Tuesday AM .PM X X X X 10/26105 Wednesday AM PM 10/27/05 Thursday AM PM X X X X X X Traffic was counted using Jamar Technologies DB-400 digital hand-held traffic counters. See Figure 4. Jamar Technologies software PETRAPro was used to download and process the traffic data. See Appendix A1 for the traffic count summaries. Note that the "Site Code' on the summary forms is the same as "Code" in Table 1. Figure 4 -.Jamar Technologies 06-400 Digital Hand Held Traffic Counter The Iowa Department of Transportation (lOOT) traffic counts in the study area were last performed in 2001. The traffic counter was located between West 3"' Street and West 5th Street and provided a daily total volume, with hourly vofumes. lOOT did not perform intersection traffic counts. The City of Dubuque performed a traffic count at the intersection of the US 20 northerly ramps and Hill Street in. 1998. No hourly counts are available from the City. See Appendix A2 for the lOOT count information and the intersection count information provided by the City of Dubuque. 3.4.2 Other Existing Traffic Considerations 3.4.2.1 Mercy Hospital WHKS contacted Mercy Hospital and obtained the following shift change information. Nurses typically work 6 AM to 6 PM or 6 PM to 6 AM (12 hour shifts). Generally, most other staff members arrive for work between 5:40 AM and 8:30 AM, with most staff members arriving between 7:00 AM and 8:30 AM. The departure times (other than the nurses working 12 hour shifts) usually varies from 2:30 - 4:30 PM, with only a few cars after 5 PM. Most employees enter and exit via the (private) entrances to access parking at the back or east of the hospital. W1-IK..S & CO. 7 3.4.2.2 Medical Associates The Medical Associates East Campus is located south of Langworthy Street, east of Hill Street and west of the Mercy Hospital. Access to Medical Associates is via an entrance off of Hill Street that is south of the Langworthy Street I Hill Street intersection. There is no direct connection to Medical Associates from Langworthy Street 3.4.3 Data Review 3.4.3.1 Volume Balance The volume of traffic entering and the volume of traffic exiting a roadway link between any two study intersections will not be equal when the intersection turning movements contributing to the link are added. This can be explained by driveways and streets between the study intersections that added or removed traffic from the link, intersection counts occurring on different days, u-turns, traffic counts starting and ending at slightly different times, and vehicle counting errors. The volumes counted for . this study were not forced to balance for any of the links. 4 Projected Traffic 4.1 Trip Generation Trip generation was performed using the ITE Trip Generation. 1" Edition. The proposed development will ultimately provide between 236 and 250 condominium units in four high-rise structures and between 36 and 50 assisted living units. The land use classifications used to estimate the trips generated by the proposed development are No. 232, High Rise Residential Condo I Townhouse and No. 254, Assisted Living. The AM and PM peak hour traffic volumes generated by the proposed development are tabulated in Exhibit B-1 ,Appendix B. Based on the anticipated phased construction of the development, the following number of units were utilized for the development of the site trips for the years to be analyzed: Year 2007 2012 2017 Condominiums 85 units 125 units . 250 units Assisted Living o Units 36 units 36 units 4.2 Pass-By Trips Pass-by trips are defined by ITE as intermediate stops on the way from an origin to a primary trip destination without a route diversion. Retail oriented developments attract a portion of their trips from passing traffic on the way from an origin to an ultimate destination. Because the proposed development will not have any retail land uses, pass-by trips will not be included in the a.nalysis. 4.3 Trip Distribution and Assignment The entering and exiting traffic generated by the site can go to and come from the site from Cardiff Street and Mazzuchelli Place. Because the proposed development will be primarily residential, it has been assumed that a majority of the trips will proceed to and from US 20 to distribute to the west. It has been assumed that 80 percent of the trips will utilize Mazzuchelli Place I Langworthy Street and that 20 percent will utilize Cardiff Street. The trip assignment percentages are shown in Exhibit B-2, Appendix B. A sensitivity analysis may be perforf]1ed for those intersections where the resulting traffic volumes cause capacity concerns. WHKS & CO. 8 . otal Traffic The AM and PM peak hour traffic volumes have been derived from the trip generation, trip distribution, and trip assignments. The planned opening year of occupancy is 2007. The tuming movement diagrams with existing and projected traffic volumes are contained in Appendix C and have been developed for the following scenarios: . Existing (2005) . 5-Years After Opening (2012) . Full Build-Out (2017) . 20-Years After Opening (2027) . 20-Years After Opening - No Build (2027) 5 Traffic Analysis 5.1 Analysis Inputs None of the intersections in the study area are signalized. Existing intersection geometry, on-street parking, speed limits, and other site information needed for the analysis was collected from a site visit. The peak hour factor (PHF) used in the analysis was derived from the traffic count data reduction. The PHF for movements with significant volumes ranged approximately from 0.650 to 0.95. The annual growth of traffic on the existing streets in future years was estimated using the annual compounded growth rate method. The Dubuque Metropolitan Area Transportation Study (DMATS) and the City have agreed that a 2% annual compounded growth rate is reasonable for this study. 5.2 Capacity and Level of Service Analysis The techniques and procedures used to compute capacity and level of service (LOS) are outlined in the Transportation Research Board's Highway Capacity Manual HCS+ software. All of the intersections were analyzed using the unsignalized intersection module. The proposed site access at the intersection of Cardiff Street and Mazzuchelli Place was analyzed as an all-way stop intersection. The Langworthy Street I Mazzuchelli Place intersection with James Street! Mercy Main Entrance was also analyzed as an all-way stop intersection. All other intersections were analyzed as two way stop, unsignalized intersections. The measures of intersection effectiveness are the volume-to-capacity ratio (vIe), queue length and delay. The vIe ratio is the ratio of forecasted peak hour demand volume to the estimated capacity oC a lane group. A vIe ratio greater than 1.0 indicates forecasted demand will exceed the computed capacity of a lane group. Delay is measured in seconds, and is estimated for each lane group that must stop or yield. If an entire approach roadway must stop or yield, an average approach delay is provided. Queue lengths are computed based on an average 25-foot long vehicle. WHK.S & co. 9 5.3 Existing Conditions (2005) The capacity and L05 analysis summary for existing conditions (2005) is found in Table 2. For details, see Appendices 0-1 and 0-2. Intersection Worst Approach v/c Delay LOS Approach Delay LOS ratio 95% Queue (sec/veh) (feet) Cardiff 51. I W. 3~ 51. NB 10 A 0.06 Negliaible Mazzuchelli I Mercy Ent. NB 9 A 0.06 Negligible Mazzuchelli I River Pointe I - - - - - - Cardiff 51. . Langworthy I Mazzuchelli I 8 A NB 9 A - - James I Mercy Main Ent. James 51. I W. 3fC 51. NB 11 B 0.19 Nealigible Langworthy 51. I Hill 51. WB 35 0 0.68 120 Table 2 _ Existing Conditions (2005) Capacity and Level of Service SU,mmary 5.4 Conditions at 5. Years After Opening (2012) The capacity and L05 analysis summary for five years after opening (2012) is found in Table 3. For details, see Appendices 0-3 and 0-4. Intersection Worst Approach v/c Delay LOS Approach Delay LOS ratio 95% Queue (sec/veh) (feet) Cardiff 51. I W. 3~ 51. NB 10 A 0.08 Nealiaible Mazzuchelli I Mercy Ent. NB 10 A 0.05 Negliaible Mazzuchelli I River Pointe I Cardiff 51. 7 A EB 8 A - - Langworthy I Mazzuchelli I James I Mercy Main Ent. 9 A NB 9 A - - James 51. I W. 3fC 51. NB 12 B 0.22 Nealioible Langworthy 51. I Hill 51. WB 99 F 1.02 271 Table 3 - Conditions at 5 Years Opening (2012) WHKS & CO. 10 5.5 Conditions at Full Build-Out (2017) The capacity and LOS analysis summary for full build-out (2017) is found in Table 4. For details, see Appendices 0-5 and 0-6. Intersection Worst Approach vie Delay LOS Approach Delay LOS ratio 95% Queue (sec/veh) (feet) Cardiff St. / w. 3" St. NB 11 B 0.11 Negligible Mazzuchelli I Mercy Ent. NB 11 B 0.05 Negligible Mazzuchelli / River Pointe / Cardiff St. 8 A EB 8 A - - Langworthy / Mazzuchelli / James I Mercy Main Ent. 10 A NB 10 B - - James St. / W. 3" St. NB 13 B 0.28 29 Langworthy St. / Hill St. WB 378 F 1.71 602 Table 4 - Conditions at Full Build-Out (2017) 5.6 Conditions at 20- Years After Opening (2027) The capacity and LOS analysis summary for twenty years after opening (2027) is found in Table 5 For details, see Appendices 0-7 and 0-8. Intersection Worst Approach vie Delay LOS Approach Delay LOS ratio 95% Queue (sec/veh) (feet) Cardiff St. / w. 3'0 St. NB 13 B 0.03 Neglklible Mazzuchelli / Mercy Ent. NB 11 B 0.09 Negligible Mazzuchelli / River Pointe / Cardiff St. . 8 A EB 8 A - - Langworthy / Mazzuchelli / James / Mercy Main En!. 11 B NB 12 B - . - James St. / W. 3" St. NB 15 C 0.39 45 LanQworthy St. I Hill St. WB 1,029 F 3.13 999 Table 5 - Conditions at 20 Years After Opening (2027) WHK.S & CO. 11 5.7 Conditions in 2027 for No-Build The capacity and LOS analysis summary for the existing conditions, projected out to 2027 without the proposed site development, is provided for comparison in Table 6, For details, see Appendix 0-9, Intersection Worst Approach vie Delay LOS Lane Delay LOS ratio 95% Queue (sec/veh) (feet) Cardiff St. I W. 3ro St. NB 11 B 0.10 NegliQible Mazzuchelli I Mercv Ent. NB 9 A 0,14 Nealiaible Mazzuchelli I River Pointe I Cardiff St. Langworthy I Mazzuchelli I James I Mercy Main Ent. 10 A NB 11 B - - James St. I W. 3ro 51. NB 15 B 0.37 43 Langworthy St. I Hill St. WB 649 F 2.30 766 Table 6- Conditions for No-Build in Year 2027 5.8 Traffic Accident History The following accident data was obtained from the lOOT web site and provided by the City. Iowa DOT 2001-2004 Crash Mapping Analysis Intersections Within Study Area Number of Number of Number of Crashes Crashes, by Injuries, by Severity Severity Intersection Description ,., 1: 0 " '" U> ~ "' " E U> U> 'C ~ ~ :> '" " " :> :E Cl .~ 'C E :> :> :> :s ~ " ,., U> EE' " :c 't:: ~ :c 0 0 'in " 0 ~ 'in .. ~ '" ..,. .. 0. .. 0 15 0 0 0 iii '" c U> E! iii '" c U> 0 0 0 ~ 0 ~ 0 to- N N N u.. ::;: 0.. 0.. u.. ::;: 0.. Cardiff SI. I W. 3rd SI. 2 2 2 Mazzuchelli I Mercy Enl. Mazzuchelli I River Pointe I I. CardiffSI. Langworthy I Mazzuchelli I 2 1 1 . 2 . James I Mercy Main Enl. James SI. I W, 3rd SI. 2 1, 1 2 Langworthy SI. I Hill SI. 4 2 1 1 1 3 1 Table 7 - Accident History Accident data on the links between the intersections within the study area indicate only 2 minor property damage accidents. WHKS & CO, 12 I rafflc Signals The only intersection that does not have adequate capacity for the project traffic is the intersection of Langworthy Street and Hill Street. A signal warrant analysis was not performed because no 24-hour counts are available to use for the warrant analysis. It is likely, however, that a signal is warranted at this intersection, since geometric improvements on the east approach to Hill Street would not significantly improve the level of service at the intersection. 5.10 Site Circulation and On-Site Parking Based on WHKS review, site circulation is anticipated to be adequate. The number of parking spaces shall be in accordance with the requirements of the City. 6 . Improvement Analysis The proposed single entrance for the development has adequate capacity for the traffic generated. The other intersections in the study area, with the exception of the Langworthy Street I Hill Street intersection, also have adequate capacity and will provide acceptable levels of service after the development has been constructed. A no-build, unsignalized intersection analysis of the Langworthy Street I Hill Street intersection is shown in Table 8. For details, see Appendix D-10. Intersection Worst Approach Year vlc Delay LOS Approach Delay LOS ratio 95% Queue (sec/veh) (feet) 2005 WB 35 D 0.68 120 2012 WB 66 F 0.89 203 . 2017 WB 180 F 1.24 375 2027 WB 649 F 2.30 766 Table 8- Langworthy Street I Hill Street intersection No Build Analysis The results of the analysis shown in Table 8 shows that even without the additional traffic generated by the proposed development, a traffic signal will probably be needed at the Langworthy Street I Hill Street intersection sometime between Year 2012 and 2017. A signalized intersection analysis of the Langworthy Street I Hill Street intersection, including the traffic generated by the proposed site, is shown in Table 9. The analysis was based on a 2 phase, pre-timed signal system and shows that the intersection will function acceptably without additional geometric improvements. For details, see . Appendix 0-11." Intersection Worst Approach Year Delay LOS Approach Delay LOS v/c ratio (sec/veh) (sec/veh) 2017 21 C WB 31 C 0.78 2027 29 C WB 45 D 0.86 Table 9- Langworthy Street I Hill Street intersection Signalized Intersection Analysis WHKS & CO. 13 7 Recommendations 7.1 Site Access The proposed single entrance for the development has adequate capacity for the traffic generated. No additional entrances are required for traffic purposes. 7.2 Roadway Improvements The existing street system can accommodate the proposed development traffic. Mazzuchelli Street is only approximately 20 feet wide, and does not meet the current city street standard. It may be desirable to improve this street between Cardiff Street and James Street, including the intersection with James Street. Parking is currently allowed on the south side of Langworthy Street in the area immediately adjacent to the west and east sides of the intersection. Field observations indicate the parked vehicles near . the intersection are affecting the turning maneuvers to and from Langworthy Street, and it is suggested that the limits for parking be shifted away from the intersection. Parking is also a concern on Cardiff Street. Currently, parking is allowed on both sides of Cardiff Street. Field observations indicate that when cars are parked on both sides of the street, the resulting roadway width for vehicle movement is essentially a single lane. It is suggested that consideration be given to restrict parking on Cardiff Street to one side of the street only due to the congestion caused by the narrow roadway width. 8 Conclusion The traffic generated by the proposed development can be accommodated by the existing street system and proposed entrance to the site development beyond the year 2027. The intersections in the study area, with the exception of the Langworthy Street I Hill Street intersection, have adequate capacity and will provide acceptable levels of service after the development has been constructed. Even without the additional traffic generated by the proposed development, a traffic signal will probably be needed at the Langworthy Street! Hill Street intersection sometime between Year 2012 and 2017. WHKS & CO. WHKS & co. ENGINEERS PLANNERS LAND SURVEYORS FOUADK.OAOUO, P.E.&5.E.. PRESlDeNT&CEO PENNY L 5OMTZ, EXEC. VICE PRES., COO&CFO - RICK G. ENGSTROM, c.e. T., VICE PRESIOENT MICHAEl. A. ZEUNSJ<AS. P.E., VICE PRESIDENT GERAlD M. 'M3lANO, P.E., CHAIRMAN OF THE BOARD _ - November 29, 2005 185 'MSCONSIN AVENUE EAST DUBUQUE, IL 61025-1324 phone 815-747-8833 lax 815-747-6043 e-mail: eastdub@whks.com _bsile: www.whks.com Mr. Kyle Kritz Associate Planner Planning Services Division City of Dubuque 50 West 13th Street Dubuque, IA 52001-4864 RE: City of Dubuque, IA River Pointe Development Supplemental Information Dear Mr. Kritz: As requested at the meeting held on November 7, 2005 at City Hall with you, Gus Psihoyos, and Dave Ness, this letter provides the following supplemental information to the Traffic Access and Impact Study performed for Royal Oaks Development for the site at the east end of Mazzuchelli Place. The City requested that WHKS review and provide the following additional information: 1. Review the previous MDT for the original site plan submitted and also determine the MDT for the development as currenUy proposed; a. Original site plan estimated MDT is 3, 480 b. Revised site plan estimated MDT is 1, 360 2. Modify Exhibit B-1, Appendix B to provide the Trip Generation Manual formulae or weighted averages used to calculate the number of trips, and the range of values for each land use. a. A copy of Revised Exhibit B-1 is attached, providing this information. 3. Evaluate the capacity intersection of 3" Street and Cardiff Street for 50 percent of the site traffic, with 80 percent of the site exiting traffic turning right at :f' Street and 20 percent turning left at :!d Street This is a sensitivity check only and the report is not to be revised for this trip distribution; Intersection Worst A roach' . v/c Delay LOS Approach Delay LOS ratio 95% Queue (I! ecNeh) (feet) Cardiff SI. / W. 3'" SI. 2017 - 80120 Traffic Split NB 11 B 0.11 Negligible 2017 - SO/50 Traffic Split NB 12 B 0.16 Ii ible OTHER OFFICES: P.O. BOX1.t87 1<485 OETH COURT 1421 S. Bell AVE., SUITE 103 2906 S. BROADWAY MASON CITY, IA 50402-1487 DUBUQUE, IA 52003-1879 AMES, fA 5001~n10 ROCHESTER. MN 55904-5515 PHONE 641-423-8271 PHONE 563-582-S481 PHONE 51~997 PHONE 507.288-3923 Mr. Kyle Kritz November 29, 2005 Page 2 of 2 4. WHKS is to remove the last sentence in Section 3.4.2.2 a. This change will be included in the final report Please advise as to the status of the items identified in our 111712005 letter as City action items. It was our understanding that the City was to review the report and provide comments and! or requests for additional information prior to the next Zoning Commission meeting. If you have any questions, require additional information, or have revisions to this letter. please contact our office. Sincerely, WIIKS ... co. MichaelA (Tony) Zelinskas, P.E. Office Manager MAZlss: 6684 Attachment Cc: George Murphy (wI attachment) K:\Depl\1'tl684 River Pointelwpll TR 11 292005 supp info.doc g ..J E .. 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"..,,-....~ 1D~=iifi~-:~~ ~Ia ~ ~..!! ~.e .e < < ~ .. a..!! .. c: c: j-g 1\1 :S~="O:8:8..c1: "2~alD8..9~~99 :l!!~1is.e a.id~ .spC:5-0-~~~:s:s ;:8CDID~J!OOOO CD~~~U.e~~~~ :5Cij!lCII!:::= 'Oc?lal=s.c............ iiEi~~~~~~~ CD GOOJ!CDIJCDlD ~l!~.!.s:~~(3.(3. u; u; .ii ~~ .. .. c: <: .. . .. .. == .,.; .. x '" o '" e .. <: .. '" ~ NC"i ...riOccir-.: J o Z ...~~_...____~..,_._~ ____. ..._______._ __._ _ ._...._ ..._.__..._______..__._________m __"~'____ fD)~~~DW~rm lffi JAN 3 0 2006 ~ , i CITY OF OUBUQUE i PLANNING SERVICES DEPARTMENT J:p~r ~ rllk. ~;tIUJ/Ure~ ~ w )/Y,1tC~ Ir-' '/-ILL I'~b I~. #~ ~ try- {]vu-~ (j /h ivJJ...Nr ~ Ill1hh. ~ D ,~~ 'J-A..J0 [. . Ik/)r Ix.lt -rrpo --- -- ~ --- -T~' . 'J~ ~ ;JU- mUW~ ~ ~f U}L tiu, ~M- o /.JA Y-Iug ~~ !u-rn-. bJ~~, 'f-ILuJ ~ 1n~ ~ tJup ~ XJVLd:A- - J ~ ~ '/--e QA.J ~. ~'"V-~ I? 7'hA. 5~Jd. UJ; 'Yl.H ~d..~~-1iL6k4~ llf1u1&.~ U4 ~ tkv~. ~ ;J;../IIL , <R q I GOO (p '\ J \ -€- K- V d--z..- V\C(V\V\~l D e?-t ,- c.-;+,-\ ~,,\ \ (( e " \) rt.f0 <;. -€ cO d~ \J ~ \ (j ('/\/Y---<2 "'+- Ql ~ '\'. \ \ ~ \ \. lS, \M {(: -=k-b I II "2.00(,0 . 7cm.\ l~~ ~~~ rru[[~~OW[[~ lJ\l JAN 3 1 2006 lW CllY OF DUBUQUE PLANNING SERVICES DEPARTMENT () "'CAy- M... r-......y- \ r-"L ) uJ~, +-"t'-Z Q ct J 0 I.'n. \;,~ A~~ h ~ 0Y.A..) ~ ~ P"-~cSJ ~(~'-+) ~ , 'to ~ r Lh-X- \~ ~ (>~~ c t.- O\^-.- ~ \ l ~ ~ ~'-+. ~ V~ u.J\\~ ~'\SU0 ~~o..X\ ~ , . ~ \ ~ ~~~ JYU\lh,~~ , /l)...HV\ ~ .- ~ orru<;.;\l~ ' ~ ~, C? '^-~' C- I. 'c--.... ~.~U C~6L{.,---, j 80 c~~k j)~ bM , ....j A S JOUI We are the neighbors of the proposed River Pointe Condominium Project, which is under consideration for development atop Kelly's Bluffin Dubuque. We the undersigned are in opposition ofthis development. lAME 'RINTED NAME SIGNED 1 ADDRESS TELEPHONEI c /'OD (CirCJ,'./f- E-M~~~Gg3J.1Of I tI - "' u 5 JDCl I r-I9II/--J-:, ,1 fM" 1 Jude- dLf'f , ~ I' I r CClydi+-t DbC "52.cDi J~" 'f 'SbS - '5''5"7-367;r i." Ei? ~~ .<:'6'h ,( ! -i c . . We are the neighbors of the proposed River Pointe Condominium Project, which is under consideration for development atop Kelly's Bluffin Dubuque. We the undersigned are in opposition of this development. ~AME 'RINTED ADDRESS , TELEPHONEI E-MAIL I , ; 51" \ S~2-~3r;., ( ~-T 563-(03.2(1 !3fs 3 -(? TO -:14 c4~~ 4-;r y'c:fd ~I-f;)/. ;\ int View ~ ~ ~ ~ G 1W ~ ~ ','1, ,pagelof2 o I n //1 // /1 . \ U / t')f. JAN 3 1 2006 \' /-';71; -... "'F ) _"-/'C' - // _ "C.(J/ ..J CITf OF DUBUQUE - /' / PLAmHNG SERVICES OEP!\RTMENT V To: From: <n5333@aol.com> <rdbuol@dtyofdubuque.org>, <amichalski@cityofdubuque.org>, <rjones@dtyofdubuque.org>, < k1ynch@cityofdubuque.org>, <kbraig@dtyofdubuque.org>, <jconnors63@cityofdubuque.org>, <pcline@cityofdubuque.org> Date: Friday - January 27, 2006 Subject: Condo Development Mayor and Council Members, I wanted to invite you to drive up to Kelly's Bluff and drive down my drive and look to your right, above the rock wall to the west and you'll see a black slit fence. 20 feet from that will be a 14 story building (one of 2) induding the roof. This building will be now 400' plus long a football field 1/2 plus. Mr. Speigel has turn it to a personal matter between the us. My first and main concern has always been the neighborhood, impact and traffic which I would suggest an independent traffic study be done. But from a personal standpoint people in my life are being contacted at work and being ask not to support me in my concerns or a lose of business to my supporters will happen. Then Mr. Jeff Stiles, Gene Manternach (who only recently appear since this project has been introduced) have been in my home helping myoid female friend that lived with me 2 years ago and the day she moved out even Mr. Spiegel call my home, this was about a month ago. A week before the council meeting. I just want you to know some of the things happening, which now makes it somewhat a personal matter without getting into all the details. The developer has changed his plan 4 times, the original vote or reading was on the original version, then the change to only now make the 12 story buildings even bigger from 2 monsters to 2 behemoths. Three buildings were eliminated but now we have 2 buildings with 125 units in each, 40 units larger each. The assisted living was removed, but that never had any real impact from a traffic standpoint anyway. This change was done and the plans picked up by me Tuesday the day of the council meeting and for the second reading. The developer couid develop this area in building 4 -6 story or 3- 7 story buildings. There is a factor when buildings are above 6-7 stories that is increases costs and then it is cheaper to build higher buildings because of the costs versus building 6-7 stories or lower. I feel from a citizen, this project and what is being asked for and to forever change the scenic bluffs and what Dubuque has been for 150 years, is a https:l/gw.cityofdubuque.org/gw/webacc?User.context=jschslKm9ir 1 nffHq6&action=Item.Read&Item.d... 1/27/2006 'rint View Page 2 of2 decision that should be taken very seriously and to let 7 people make that decision that will for ever impact and change my home, town and Dubuque forever. I was around during urban renewal of downtown. Look what we lost forever, and what was almost lost, the old orpheum therater, the grand to name a few. Now you being asked to change the bluffs in a effort to let new contemporary buildings highlight our skyline forever. I think this is a very important decision to be taken by 7 individuals for the citizens and Dubuque. I still invite you to take a few minutes and drive up to the area, look down my drive and what and how this will impact me and the entire area. Jeff Nagle https://gw.cityofdubuque.org/gw/webacc?User.context=jschs lKm9irlnffHq6&action=Item.Read&Item.d... 1/27/2006 February 1, 2006 \D)~@~n\Yl~~ lli\l FEB 1 2006 ~ Dubuque Zoning Advisory Commission CITY OF OUBUQUE PLANNING SERVICES DEPARTMENT Re: Kelly's Bluff - rezoning request Dear Commission Members: I ~t to go on record as being opposed to the present development plans for River Pointe condominiums. I hope yQU will carefully consider the neighborhood residents, the noise. and the potential for neighboring huilding structural damage. the potential for mudr'rock slides to SI. Mary's Street and Ihe overaU look for the enlrance into Dubuque. The developer was aware of the zoning when the property was purchased. Thank you for your time and consideration. I am; kindly, S:A~' S.A..Sutton 187S Custer SI. Dubuque 5200 I 82/89/1995 81:5& 319-588-8889 MARY FUHI<MAN ,_ fo) ~ ~1r OUiyJ ~ rm lffi FEB. 1 2006 ~ We oppose the coridominium project plllnned for Kelly's Bluff. CllY OF DUBUQUE PLANNING SERVICES DEPARTMENT .. ) I I , , , . , I , " , l . rJ r .' ----.- l I i ._i_ - --.-- t !D)[E@[EnW[E~ ln1 FEB - 1 2006 l!!J CI1Y OF DUBUQUE PLANNING SERVICES DEPARTMENT River Pointe Development Submitted by Jeffrey Nagle, 255 Kelly's Bluff, a 45 + year resident of the City of Dubuque, I own this property plus 3 additional lots located on Kelly's Bluff owned by Nagle Publications, Inc. and also opposed to any such development. This development was refused twice by the zoning commission and also by the long range planning commission (all appointed by this council), because of it's current size, density, and impact to a very quiet neighborhood with sub-standard roadways. At those meetings no one supported the project for what good it will be and the only supporters were those that could profit or personally benefit from this development and almost all were not even residences of the city. No person said anything bad about the developer nor was that a issue or concern. The overall consensus of the concern neighbors and citizens was a maximum 4 rising to 6 story's (as depicted) development with a maximum of a maximum of 75-100 units. This would appease most of the concerns of everyone and there still would have to be attention to the traffic created even that could still create problems. Noone said do not build, but build to the size to fit the area and neighborhood of residential homes. HISTORY: The site was the home of the Villa and which stood for 50+ years and was only a 4 story building. The traffic produced by the Villa was nil and was 69 cars per day when it was operating. The area of Kelly's bluff was the site of many attempted developments as far back as the early 70's. When it was proposed as 64 town homes (at the current site of the Nagle property) and after continued resistence from the city, it was never developed. That same land was purchased in 1992 by myself and that same idea was under the same opposition and finally developed to allow 3 home lots and 6 town homes down from the 64 town homes. This property already had a standardized road to access the property from 3'" st.. ATTACHED item 1 & 2. was the filed zoning information to the City Council that would be allowed. Please note that the estimated vehicle count and signed by Kvle Kritz and was, as assessed to all developments since then and have been assessed a 10 vehicle per unit per day and this has been the city policy to any development and for over the last 30+ years. Common sense would indicate that if anything it would go up over the last 30 years, especially when we have more vehicles and are building homes with 3-4 car garages. The Villa property that is cUrrently wanting to be developed by River Point, was first purchased or an option to purchase was by Angelus Retirement of Madison, WI. Who had the option subject to zoning and the ability to access the property and the impact to the area. They decided against the project because of the traffic and the neighborhood reaction to the project. They decided on the west end off the Northwest Arterial where the road system could accommodate the development. Also this is the growth direction of the City of Dubuque. DEVELOPMENT AND IMP ACT: Jq{} The current development calls for j8'""l units and the density is that of the Kennedy Mall in size and takes up 15 acres which is the foot print of the mall. In an area where Mercy Hospital, Medical Associates, 8 other professional office buildings and a nursing home. All wanting and using the current road system. The roads St. Mary's, Cardiff, Summit, Burch and Mazacehlli ( which is substandard and cannot even be considered a roadway but rather a large alley) are one lane roads or have parking which makes it a one lane road. A bias traffic impact study was done by the developer only after the developer first stated the original project would create only 600 cars per day and for 400 units and the 10 story 120,000 plus office building and the developer strongly disagreed with the actual city estimates and which was the norm. This study and in any S.1.T.E. Site Impact Traffic Evaluation and the recommendations of ITE (Institute of Traffic Engineers) establish guidelines and rates or ADT Average Daily Trip rate. ATTACHED item # 3 & 4, additionally all streets that will and could be alternate routes, bypasses around traffic where there are backups are to be measured and addressed, and accident rate reports for all streets within the development range or area these need to be addressed as a cause due to a new development request. The travel pattern and direction people will take will be the direction with the least amount of resistance. All items need to be determined as a " base condition" and must be established with the proposed development and without the proposed development. Simply put, if I would paid an expert to make the numbers work, they would. The studies as supplied or purchased and are simply a fill in the blanks and all the verbiage is already on the page. Additionally 1 have attached not only one document but 3 additional sources of developing traffic impact and what should be the amount of traffic produced by developments and what ADT rates should be used. Dubuque, Iowa is considered the high end of small community. The first is in ATTACHED item 3 & 4, The second ATTACHED ITEM # 5. is for theNCHRP ( NATIONAL COOPERATIVE HIGHWAY RESEARCH PROGRAM) report 187, which indicates 14 person trips per household. ATTACHED item # 6. is from the impact traffic study from Rapid City, S.D. a community of 79,006 population and 30,860 households a community study I found as close to Dubuque in the Midwest. That report averaged 12 vehicle trips per person. Now how can 3 reports and sources that are to be used in traffic impact studies be wrong and the report complied bv the developer be right. These are from the most respected organizations and who( NCHRP & ITE) impact studies are to use. You can pay anyone to say what you want and need. We found missing on the report/Traffic Impact Study the following; > Traffic accident reports for W.3rd and Hill Streets, Summit & 3rd, Burch & 3'., Bluff & 3'., Hill & Wooten, and at the traffic signal at Hwy 20 overpass. > Nothing addressing bypass routes ( the direction of least resistance) and the road conditions 2 > Cardiff street and it's entering and exiting on 3" and the grade % is not to code or compliance and dangerous. > The noise pollution this developmentwill cause during the construction and for over 12 years. This project will have a impact caused by the new noise and vehicle traffic that the development will create and to air quality. > WHAT OF THE 1,000's OF SEMI'S AND TRUCKS THAT WILL NEED TO GET TO THE SITE DURING CONSTRUCTION. The report also asks for parking limited to one side of the street on Cardiff the west side since the east side has an alley, off street parking and garages. The study overlooks the fact that the alley is not an alley but is private property and the use of which is not allowed and temporary use may be the case, but not authorized. The report also states the fact there is no parking lot of Medical Associates Clinic that is allowed to exit and enter onto Langworthy. The parking lot at Medical associates does enter and exit onto Langworthy as it has since built. The report asks or suggests traffic signal be installed at W.3rd and Langworthy. This fact would have another traffic signal added within a block of an existing traffic signal. The potential conflicts of backup traffic up and down Hill street by this new signal and the use of Hill by emergency vehicles and ambulance going to the Mercy emergency room. The report states that 80% of the traffic from the development will use Mazzuchelli/ Langworthy to head west. Again Mazzuchelli is a sub standard street and goes to the front door/entrance of Mercy hospital and has 12 parking lots and a parking ramp of hospital employees and patients exiting currently onto Mazzuchelli / Langworthy. The report states the traffic 80% will seek to travel to the highway 20 exit, where the other traffic signal on Hill is. This report is saying no one will travel downtown, to the river front, gambling or to the new HY-Vee or east to Illinois, using 3m, Hill or any other means available, but primarily Langworthy to Hill to the Highway. Correspondence was from WHKS to Kyle Kritz see A TT ACHED item 7 Stating the ADT is 1,360 total for the entire development or an average of 4.73 vehicles per unit per day. With the estimated 10 vehicle trips per day per unit the City has used for 35 plus years and now is only going to average and as ATTACHED item # 8. indicates a table used by ITE to determine the ADT rate and even the A.M. peak rates generated for developments which also indicates a 10.71 ADT rate not 4.73 the study would lead you to believe. If the math is done base on City and the ITE tables a development of this density 287 units will average a 10.71 min. ADT rate and would be 2,888.46 far exceeding the traffic impact report that was generated by the developer by some 1,520 cars per day. Supplied you have the 3 reports on true traffic counts. This 4.75 vehicle count, will establish a legal precedence allowing other developers to use the same counts for their projects and allow neighborhoods to be torn down to make room fo these developments Now onto the developer of this project, does the developer have the funds or backing to follow 3 through and on a project that will take over 12 years ( what of the mess and continued traffic of construction equipment), the World Trade Center only took 10 years. No bank in Dubuque has the ability to finance this project. The developer has not produce any proof of backing for this project to assure that it can be done. What if the developer sales this off in an effort only to re- coup his costs he currently has. States he has 100 sold or buyers, has he produce any list. What assurance do we the community have. What of insurance, bonding, streets that have to be corrected to standard streets. This company has no experience in this type of project or size, remember this company is a LLC and can at anytime fold and not effect the developer or his other assets that may be needed to comply with this request or problems that may be caused. We the community are expected no matter what the size of the project to invest a lot of dollars into this project, we need to protect our investment and on what any development would require us to do, so we should ask the same. We ask contractors doing work for the community to be 100% bonded for projects. I've attached photos showing the overall area, and affected nearest roads that will be disturbed by this development. How the complex will look (and to scale), the parking lots and ramp, the streets. The nursing home who continues to have trucks, buses and on going emergency vehicles clogging up the roadway on W.3rd and directly across from Mercy's main entrance on St. James. I have even attached a photo showing my home before and after with a 12 story building on my property instead of my home. I have more enough room to build this and to tear down my home and what I could build to now conform to the proposed development would be a worthwhile investment for me to make millions. This would have to be allowed based on no restrictions being placed on River Pointe developments and the traffic counts they are trying to use. 4 ~~ffiC Impact Analysis; from "Community Guide to Development Impact Analysis" ... Page 5 of 8 HOW ARE TRIPS GENERATED CALCULATED? To calculate the number of trips expected to be generated by the proposed development in your community, apply the appropriate rate bcIow to the proposed land use. Tablc 3.3 Trip Gcncnltion Ratcs Ratcs Land Usc Basc Unit AM Pcak ADT ADT Ranl?;c Rcsidcntial Single family Home per dwelling unit .75 9.55 4.31-21.85 Apartment Building per dwelling unit .41 6.63 2.00-11.81 Condo/TownHome per dwelling unit .44 10.71 1.83-11.79 Retiremcnt Community per dwel1ing unit .29 5.86 Mobile Home Park pcr dwelling unit .43 4.81 2.29-10.42 Recreational Home per dwelling unit .30 3.16 3.00-3.24 Rctail Shopping Center per 1,000 GLA 1.03 42.92 12.5-270.8 Discount Club per 1,000GfA 65 41.8 25.4-78.02 Restaurant (High-turnover) per 1,000 GFA 9.27 130.34 73.5-246.0 Convenience Mart wi Gas Pumps per 1,000 GFA 845.60 578.52-1084.72 Convenience Market (24-hour) per) ,000 GFA 65.3 737.99 330.0-1438.0 Specialty Retail per 1,000 GFA 6.41 40.67 21.3-50.9 o fficc Business Park pcr cmployee .45 4.04 3.25-8. I 9 General OHiee Bldg per employee .48 3.32 1.5<)-7.28 R & D Center per employee .43 2.77 .96-10.63 Medical-Dental per 1,000 GFA 3.6 36.13 23.16-50.51 Industrial Industrial Park per employee .43 3.34 1.24-8.8 Manufacturing per employee .39 2.10 .60-6.66 Warehousing 1,000 GFA .55 3.89 1.47-15.71 Othcr Service Station per pump 12.8 168.56 nO-306.0 City Park per acre 1.59 NA NA County Park per acre .52 2.28 17-53.4 State Park pcr acre .02 .61 .10-2.94 Movie Theatre per mOVie screen 89.48 529.47 143.5-111.5 w/Matinee Saturday (PM Peak) Day Care Center per 1,000 GFA 13.5 79.26 57.17-126.07 Source: Institute of Transportation Engineers (ITE). Trip Generation. How do we account for "pass-by" trips? Typical trip generation rates are derived from counts taken at the driveways oflhe various land uses. for many land uses, not all of the trips generated at the driveway represent new trips added to the roadways. 3.6. Trip Generation Trip generation is the step in the modeling process that utilizes the land use data (socioeconomic data) to calculate the trip making characteristics (person trips) of each T AZ that will eventually be modeled on the roadway network. In this process, person trips are classified into three main trip purposes as follows: I HBW - Home Based Work Trips 2 HBO - Home Based Non-work Trips 3 NHB - Non-home Based Trips These trip purposes are consistent with the TModel2 model and allow travel characteristics associated with each to be quantified separately in many different aspects (average trip length, auto occupancy, variation by time-of-day, etc.). Many factors influence the amount of travel in a region, including automobile ownership, income, household size, density and type of development. Most travel demand models make use of disaggregate socioeconomic data, such as households classified by vehicle ownership, households classified by family size, or households classified by income to determine the amount of travel generated in the region. The trip generation model used for this project estimates trip productions and trip attractions separately. In describing the direction for a trip, the term origin refers to the starting point while the term destination refers to the ending point. However, the trip ends at the household are called productions, while the trip ends at nonresidential land usesari:- cilled attractions. Hence, the production-attraction format does not indicate the true direction of travel as opposed to the origin-destination format. Trip generation models consist of two sub-models: trip production models and trip attraction models. While household data is used to estimate trip productions, employment data is the primary data used to estimate trip attractions. Each model is discussed separately in sub-sections which follow. Also discussed within this section are special generators (zones where productions and attractions are calculated separately), trip generation procedures for external trips (trips with either an origin or destination outside the model area), and procedures for estimating through trips (trips with neither an origin nor destination within the model area). Lastly, procedures for balancing trips to obtain an equal number of productions and attractions are discussed. 3.6.1. Trip Production Model Trip productions are associated with the traveler's home. For instance, if a person went from home to work in the morning, and then went from work to home in th~ evening, the traveler would have generated two productions at the home T AZ and two attractions at the work T AZ. Households, or the number of family units, are the primary data source for estimating trip productions. . Many different sources are available for estimating trip rates per household. While some Rapid City Travel Demand Model sources consider only the number of households, studies h~ve s~own that when h h ld are stratified by a second variable (household Size, Income, or auto . o::rs~iP;' more realistic results can be obtained. In addition, it was found that trIp rates varied by the size of the urbanized area. . To develop trip rates for the Rapid City TransCAD model, several sources were consulted, including NCHRP Report No. 187, NCHRP Report No. 365, and documentation included with the TransCAD software platform. Using the year 2000 household data, several ~ip production models ~ased on national data were tested. The results of initial production models are shown In Table 5. Table 5 - Initial Production Model Results Method Total Daily Daily HBW DailyllBO Daily NHB DailyP's Pel':'lon Trip Person Trip Person Trip Person Trip OailyP's P" p', p', p', P', per 8H Person 350,244 66,939 196,840 86,464 11.35 4.43 Cro5S.ClallsificatioD using Avg. Hn Income and Avg. HU Size. Cross-ClasslOcation using Avg. HU Income and Sub- ClassifICation ofUH Site. 300,589 59,216 170,125 7],248 9.74 3.80 Cross-ClasslDcarion using Avg. UH Size and Avg. AutosIHH. 34],742 65,314 192,026 84,401 11.07 4.33 Cross-Classification using Avg. HH Income and Avg. AutosIHH. 374,041 75,826 208,105 90,110 ]2.12 4.73 .. Population = .. Households == 79,006 30,860 The initial production model results were compared with available local data, including a trip generation rate study conducted by the Rapid City MPO in 1995, and with available work trip data from the 1990 census. Factoring 1990 census data (trips to work by mode) to year 2000 levels indicated that about 77,000 daily HBW trips could be expected from the model area. Additionally, local trip generation rate studies indicated that vehicle trip productions per household in the Rapid City area averaged about 12 trips per day. Based on these comparisons, and considering available data, household data cross-classified by average household size and auto ownership was determined the best method for estimating productions for the Rapid City area. It was recognized that the selected method under estimated HBW trips by about 15%. Consequently, the NCHRP Report No. 365 trip rates contained in the production model supplied with TransCAD were adjusted to compensate. A custom production rate table resulted that is utilized for the Rapid City TransCAD model. The results of the trip production model for the year 2000 household data are summarized in Table 6. Complete trip production results by TAZ are included in Appendix B. Table 6 - Trip Production Model Results, Year 2000 Model Total Daily Daily HBW Daily HBO Daily NHB Daily piS Person Trip Person Trip Person Trip Person Trip Daily P's per P's P's P's P's per HH Person 403.307 77,078 226,625 99,604 13.07 5.10 Rapid City Travel Demand Model NCHKP l'roJect lS-LYlL), j ravel EsllmatlOn 1 echmques tor Urban l'lannmg Yage I 01 L TI"'"E N,\iII:~,1.l. A':ACE!'J1IES " ClJtti:!n~ P~O,IlCIS P\Jbll~allvns D/r~ctQrles SlJar~lI Sllg M.lJ Fillldbaclc SEARCH Cu rre nt RF Ps Upcoming Projects NCHRP Overview All Projects MSHTO Producls TCRP Overview All Projects Accomplishmenls PUBLICATIONS Bookstore Web Documenls OTHER LINKS Synthesis Projecls IDEA Projecls MSHTO APTA FHWA FTA Staff Contacls ,.,.., -;;... ..~lfol:I:.:6~..foI:4::.a.'1;;.m..:.mi'!I;.p;'il.lt...__.':4:.rIF.Til.tJfom;;;.j.,;~:' National Cooperative Highway Research Program - Completed Project Project 8-29(2) Travel Estimation Techniques for Urban Planning Res. Agency: Principal Invest: Effective Date: Completion Date: Funds: Barton-Aschman Associates, Inc. William A. Martin April I, 1995 January 31, 1996 $47,398 In 1994, the final report for NCHRP Project 8-29, "Travel Estimation Techniques for Urban Planning," was completed. This report contains default travel demand parameters that can be used by urban areas that do not have locally derived travel demand data or models. This report also was designed to replace the earlier report, NCHRP Report 187, "Quick Response Urban Travel Estimation Techniques and Transferable Parameters." NCHRP Report 187 was developed in the late 1970s and the updating of the report in NCHRP Project 8- 29 was based on the assumption that there had been considerable progress in travel demand model development since the 1970s, particularly for small- and medium-sized urban areas. Unfortunately, not very many survey data were available during the life of the 8-29 contract. The primary source of data for the NCHRP Project 8-29 report was the NPTS data and a small collection of travel surveys and resulting model calibrations. NCHRP Report 187 contains a wide range of trip generation rates, from about 14 person trips/household for small urban areas to approximately 7 person tripslhousehold for large urban areas. NCHRP Project 8-29 found no justification for this wide differential and, in fact, could only identify a small variation in trip rates by urban area size. Consequently, the rates presented in the NCHRP Project 8-29 report vary only by a small amount from an average trip rate of 9 person trips/household. Recent model development efforts for small- to medium- sized urban areas allow the opportunity to verify these rates. Other improvements to the NCHRP Project 8-29 report have also been identified. The objective of this project was to review the NCHRP Project 8-.29 report and revise the report as appropriate. The project included the following tasks: (I) Using the recently available travel demand data, review and update the trip generation rates contained in Chapter 3 of the NCHRP Project 8-29 report. (2) Using recently available travel demand data, review and update the trip distribution friction factors contained in Chapter 3 of the NCHRP Project 8-29 report and expand them to include different urban area size factors, if appropriate. (3) Incorporate the Case Study, Chapter 12, into each of the report chapters. http://www4.trb.org/trb/crp.nsf/0/647c I cb3a6b6bfe285256748005619fa?OpenDocument 12/16/2005 ". ~. , Jeanne Schneider :Ri~erPointe Letter to the Editordoc 1--1 Letter to the Editor CONDO PROJECT = JOBS By Dan Hammel and Dave Baker News Flash!!! Several tri-state area employers are shipping ("outsourcing") jobs to Mexico, China and other foreign countries, disrupting the lives of many good, hard- working people in the Dubuqueland area. By supporting and promoting the River Pointe development project, we have a rare opportunity to support bringing hundreds of good- paying construction jobs to this area. These are good jobs, paying wages and fringe benefits to workers in the $25-$35 per hour range. These are jobs that workers can support their families on, in direct contrast to what's going on over in China Gust ask a laid-off Flexsteel worker), where workers are paid thirty cents per hour. The site of the proposed River Pointe condominium project is more than 14 acres and it is already zoned R-2, which is multi-family residential. The City's comprehensive plan designates this area for multi-family use. The surrounding property is zoned R-2, R-3 and PUD=PR, which are all multi-family zones, and OS (office) and institutional. No surrounding zoning classification is inconsistent with the River Pointe condo development. This property was formerly owned by the Dominicans until developer A.J. Spiegel purchased it in December 2002, for $1,500,000.00. The property included a 5(+) story building that had been vacated and was in a state of disrepair. The property was on the market for almost two years, before being purchased by Mr. Spiegel. A neighboring complex (Mercy Health Center) sits on higher ground and is at least nine stories high. While the Dominicans owned it, this property generated no real estate taxes. The River Pointe project will generate millions of dollars in real estate tax revenue to the City of Dubuque. Mr. Spiegel is not asking for any city, state or federal money for the project. As a matter offact, he is taking all the risk himself, including voluntarily contributing $150,000.00 toward the widening of Mazzuchelli Place, which is already substandard in width, as well as improvements to other intersections in the area. The bluffs of Dubuque have been developed for many years. From Eagle Point to Mount Carmel, you can see condominiums, businesses, private homes, a cemetery and other buildings along our Mississippi River bluffs. The old Saint Dominic Villa occupied the site for more than 50 years before it was demolished. In response to neighbor's concerns, Mr. Spiegel has (twice) downsized the project. He has paid for two separate traffic studies by a reputable engineering firm. The engineering firm (WHKS), the City Engineer and the City's own traffic consultant all are in agreement that the project will not significantly affect traffic in the neighborhood. Jeanne Schneider - River Pointe Letter to the Editor.doc 2 Mr. Spiegel has commissioned soil and excavation studies for the site and he has pledged that there will be no blasting during the excavation process. Along with his reputation as an experienced and proven developer, A.J. Spiegel has agreed that he will enter into an agreement with the Dubuque Area Labor Management Council (DALMC) to utilize skilled labor from local unions affiliated with the Dubuque Building and Construction Trades Council (DBCTC) to construct the River Pointe project. As representatives of both DALMC and DBCTC, we are proud to endorse the River Pointe condominium project and the job opportunities that this project will provide for area workers. Dan Hammel, President Dubuque Building & Construction Trades Council Dave Baker, Recording Secretary Dubuque Building & Construction Trades Council i I I I ---.J To: City Council Members From: John H. Hamilton, 330 Olympic Heights Rd. Re: North End Wrecking Re-Zoning Proposal Date: February 17,2006 City Council Members, I live at 330 Olympic Heights Road, which is just west of Mr. Kunde's residence. I am writing to express my opposition to North End Wrecking's re-zoning proposal. I was referenced in several letters from North End Wrecking's representative, Mr. Bitter. In these letters, it was incorrectly stated that I am in favor of the proposed zoning. The letters are correct that my main concern is the wide array of activities permitted under the Heavy Industrial zoning, such as meat packing and processing, chemical product processing, including acid, ammonia, and chlorine, sanitary landfills, sewage treatment plants, stockyards and slaughterhouses. However, even if these concerns are addressed, I am still opposed to expanding a salvage yard in a growing residential neighborhood. Thank you, John H. Hamilton . 15 February 2006 Dear Mayor Buol, Dubuque is blessed with many stately buildings that are complementary to each other and compatible with our beautiful bluffs and the river. The Court House, Town Clock, Shot Tower, The Five Flags Theater, The Cathedral, SI. Mary's, SI. Luke's, several other churches, and many fine commercial buildings all blend together to form a view pleasing to the eye, with no one dominant structure. Truly, DUBUQUE IS A MASTERPIECE ON THE MISSISSIPPI! The proposed condo development on the crest of Kelly's bluff, consisting of two buildings, each 370 feet long and 144 feet high, would be a visual intrusion, which would distort and detract from the symmetry of the Dubuque's skyline. The enclosed photographs try to illustrate the adverse visual impact these proposed buildings would have on this site. The condo plans need to be scaled down to conform with the Comprehensive Plan of Dubuque, which has been adopted by previous City Council, "to limit development along bluff lines". It is in your hands to guide the orderly growth of Dubuque. Please vote to maintain and preserve the beauty and heritage of Iowa's Key City. Respectfully, ~~ A--~ e~<z~'l... Robert Eichman Damaris Eichman 3080 Karen Street Dubuque, Iowa 52001 ~ --l ,----" ., _- ___if .'__ Re: Storage Container & Semi-Trailer Ordinance To: Honorable Mayor and City Council Members This ordinance is as unnecessary as the original one that was repealed by the City Council by a unanimous vote 00-0 in May 2005. It resembles the city's requirements of a costly traffic study & rainwater run- off survey to be completed before the tiny Moo-Java Espresso shop at 4110 Dodge St. was allowed to open. Thank God cool heads prevailed and the council voted to allow Moo-Java Espresso to open without these needless and cost prohibitive surveys. Without your help, that business would not be open today. The Dubuque Fire Department already has control over these containers by its enforcement of the NFP A code 57. The fire department can order the containers moved if they ever were to cause a safety violation. Ask any 30- year veteran of the Dubuque Fire Department if there has ever been one single injury from the use of these storage containers. Their answer will convince you that this ordinance is unnecessary. Getting businesses to store their items at a public storage facility offsite will greatly INCREASE the risk to health and public safety. The real issue here is aesthetics. An ordinance that limits the number of containers per business or per acre would be easily enforceable and would not have the financial impact on small business that the proposed ordinance would have. Please vote for common sense, small business and all-around fairness. Thank you for your service to our community and for taking the time to fully investigate this unnecessary ordinance. Jeff Streinz 2894 Thornwood Ct. Dubuque, IA 52003 563-543-8256 (cell) FROM IOWA WELCOME CENTER is 1 ,,-~~ '~:r, ..~, ~ . \ 'il CdAJItJ JIll FROM 3RD & LOCUST STREETS j ! ~ @ 1 FROM ICE HARBOR I DIAMOND JO I RIVER MUSEUM ! Ii ~ @ 1 FROM INTERSECTION OF DODGE & LOCUST STREETS I would also like to suggest these other areas from which Kelly's Bluff should be viewed. Julien Dubuque Bridge - West Bound East Dubuque Boat Ramp 151/61 Freeway North Bound from Murphy Park to Jones Street 151/61 Freeway South Bound from 161h Street to Jones Street Dubuque Wisconsin Bridge - West B0und Cleveland Park Top of Fourth Street Elevator 3"' & Bluff Streets Also review - January 18, 2006 issue - "Dubuque Telegraph Herald" front page. THE COMPREHENSIVE PLAN OF THE CITY OF DUBUQUE '"XdbIfC~d"5y n.. ~A:n two phases in 1994 and 1995, The Comprehensive Plan builds on the Vision 2000 Community Planning Process of 1991 and 1992 in which some 5000 area citizens participated. The Comprehensive Plan adopted policies, goals and objectives for physical, economic and social aspects of our community." The above is quoted from the introductory statement of the citizens guide to Dubuque's Comprehensive Plan. Signed by Mayor Terrance M. Duggan and the Dubuque City Council (Council members: Terry Duggan, Dan Nicholson, Roy Boul, Ann Michalski, Joseph Robbins, Dick Voetberg, Kathryn Krieg) The following are excerpts from The Comprehensive Plan, and are taken from the book "Creating the Future", which is available at the Carnegie Stout Library. ;:'J'iII;":"'al EnvironmeDt Lanc:tusraBCt Urban Desigll Objectives: Protect and preserve existing open space and park land to meet the community's needs. (Page 3) Encourage expansion of urban green spaces in suitable locations. Limit development alongbluff1iDesc_fA......d~Yistas.. Protect natural vist~s from the clutter of innappropiate physical developmel;\~. Define and enhanlYfi' ~ity gateways and focal points to create a sense of place. (Page 4) ~l '" ~ROM IOWA WELCOME CENTER "',1 CtJAJItJ 6 ". r ~~~\I -~; fi1 , j i <g t I I FROM ICE HARBOR I DIAMOND JO I RIVER MUSEUM ~;5 FROM INTERSECTION OF DODGE & LOCUST STREETS ! ti ~ @ 1 I would also like to suggest these other areas from which Kelly's Bluff should be viewed. Julien Dubuque Bridge - West Bound East Dubuque Boat Ramp 151/61 Freeway North Bound from Murphy Park to Jones Street 151/61 Freeway South Bound from 16th Street to Jones Street Dubuque Wisconsin Bridge - West Bound Cleveland Park Top of Fourth Street Elevator 3" & Bluff Streets Also review - January 18, 2006 issue - "Dubuque Telegraph Herald" front page. THE COMPREHENSIVE PLAN OF THE CITY OF DUBUQUE It . - _ - - a). .- -.. a il-ln two phases in 1994 and 1995, The Comprehensive Plan builds on the Vision 2000 Community Planning Process of 1991 and 1992 in which some 5000 area citizens participated. The Comprehensive Plan adopted policies, goals and objectives for physical, economic and social aspects of our community." The above is quoted from the introductory statement of the citizens guide to Dubuque's Comprehensive Plan. Signed by Mayor Terrance M. Duggan and the Dubuque City Council (Council members: Terry Duggan, Dan Nicholson, Roy Boul, Ann Michalski, Joseph Robbins, Dick Voetberg, Kathryn Krieg) The following are excerpts from The Comprehensive Plan, and are taken from the book "Creating the Future", which is available at the Carnegie Stout Library. =1. }iiiiaf- . -~, _.r:#U'YIII uft..._.A "61l. II r~....._Itt_-_ . Objectives: Protect and preserve existing open space and park land to meet the community's needs. (Page 3) Encourage expansion of urban green spaces in suitable locations. Limit ~k1pI""'" -'-g~ .. . . . '- Protect natural vistll-S from the clutter of innappropiate physical development. Define and enhance city gateways and focal points to create a sense of place. (Page 4) ~ I- ID ::c x w ---l <( Ck: W <( W E-< Z ....... o p.. ~ W >- ....... ~ o u ~ if] ~ ::r: ~ 617 Bradley, Dubuque 52003 February 14, 2006 ,.-, The Dubuque city Council City Hall 50 West 13th street Dubuque, Iowa 52001 Dear Council Members, I come forward to voice opposition to the condominium project on Kelly's Bluff. In my view and experience this project will put an unsafe burden on an already saturated traffic flow, not simply during the construction phase of the project, but for decades into the future, unless many other pre-existing housing units are eliminated. That seems counter productive. Already traffic is severely crimped especially during times of snow and ice. The project seems designed to cause a lot of run off and affect the watershed adversely. Already that seems to be possible with no construction being done, for several hundred trees were removed from this land. This project ought not be carried forward because it will most certainly affect the well being and property values of this residential neighborhood. Simply said the project is way too big for the space available and represents a significant departure from the spirit of the neighborhood. This is not a good neighbor project. This project would adversely affect the surrounding neighborhood. Population density causing cluttered traffic has already been reached. This project needs to be scaled back significantly. I urge you to vote no on allowing Mr. Speigel's 12 story project to go forward in its current proposal. Sincerely, Robert C. Roethig I'?./u~ h-' "r-~~I I}t~c;t Dr"i?, D' rr J,f CC~~ ?Cl--i.--,? ~- .6....'A-....~ (! le':~v,-x/J ~ ~~, I h~ ,,4 c<- ~"'" . . . . ffi~ ~~~ MEMORANDUM November 14, 2005 TO: FROM: Long Range Planning Advisory Commission Laura Carstens, Planning Services Manager itc.. SUBJECT: Kelly's Bluff PUD - is it consistent with the Comprehensive Plan INTRODUCTION Commission Vice-Chairperson Dr. Charles Wmterwood has asked that the Kelly's Bluff PUD be placed on the agenda for the Long Range Planning Commission's November 16, 2005 meeting for discussion of whether it is consistent with the Dubuque Comprehensive Plan. This memo transmits the revised River Pointe conceptual development plan submitted by A. J. Spiegel, Royal Oaks Development. The subject property is locally known as Kelly's Bluff. This plan is a revision of the proposal Mr. Spiegel submitted in September 2005. The number and size of the condominium units has been reduced, and the office building has been eliminated. The proposed River Pointe project encompasses 4 high rise condominium buildings, a senior assisted living facility, a community center and swimming pool. Renderings of the project are enclosed. An updated Planning Services staff report has not been prepared for the new PUD. The staff report prepared for the previous PUD is enclosed for your information. BACKGROUND By City Code, the Comprehensive Plan is a guide, not an ordinance. The adopted Plan includes 120 goals and about 250 objectives, some of which may compete with others depending on the project. The Zoning Advisory Commission and the City Council must consider various factors surrounding a rezoning case, in addition to the ComprehenSive Plan and its Proposed Land Use Map. The Long Range Planning Commission does not have any powers, duties or responsibilities in the rezoning process. 5. Encourage that the physical character and form of the city reflects Ita hlatorlc setting and that the built environment Ia compatible with the city'. natural environment. February IS, 2006 Dubuque City Council City Hall Dubuque, Iowa 52001 '.-' Re: River Pointe Development Dear Members of the Council: I would like to go on record as opposing the present development plans of River Pointe atop of Kelly's Bluff. In reading the proposal packet, (of which you already have copies,) I would like to reiterate two major points and provide the documentation to these points. I) Mr. Lindahl's letter to City Planner Ms. Carstens dated January 30,2003 in which he highlights some basics ofIowa Code Chaper 414. .414.1 "The purpose for such regulations, as set out in the statute, is for "promoting the health, safety, morals, or the general welfare of the community or for the purpose of preserving historically significant areas of the community." . 414.3, "The regulations must be made in accordance with the comprehensive plan and designed to: . Consider the protection of soil from wind and water erosion . Encourage efficient urban development patterns . Lessen congestion in the street . Secure safety from fire, flood, panic and other dangers . Promote health and the general welfare . Provide adequate light and air . Prevent the overcrowding ofland . Avoid undue concentration of population (among others) Therefore, I believe in reading Mr. Lindahl's letter, the present design and overall proposal would be in violation ofIowa Code Chapter 414. Dubuque City Council Re: River Pointe Development February 15, 2006 Page 2 2) Mr. Dean Rampson, Urban Planner, Letter to Dubuque Zoning Commission, January 24, 2006. Titled: A Short History of Planned Unit Development. Mr. Rampson, a Dubuque native and resident has been at the forefront of the PUD designation approved by the National Association of Home Builders and subsequently the same PUD ordinance adopted by the City of Dubuque. Mr. Rampson speaks, as an expert, on Land Use and Development, on "Smart Growth" and on the misuse and misrepresentation of the PUD ordinance by the present proposal ofMr. Speigel and the River Pointe development. Mr. Rampson obviously has a passion for the many years he worked to implement these progressive ordinances and has taken the time to write up and explain (in lay terms) the present attempt to ignore Dubuque's PUD Code. I hope you will take the time to reread Mr. Rampson's submission to the Dubuque Zoning Commission. I have also enclosed a copy of Mr. Dean Rampson's October I 1,2005 article submitted to the Dubuque Telegraph Herald My View, which was not printed. In conclusion, in rereading both the Iowa Code and Dubuque PUD Code, the present proposal is in direct violation of both State and City codes. I urge you to vote NO on Monday February 20th, 2006. Thank you. In kindness, I am, 5-4- <;:tt;,- S.A. Sutton 1875 Custer Street Dubuque, Iowa 52001 enclosures January 24, 2006 Dear Commissioner, A Short History of Planned Unit Development In the mid-sixties planning pioneers Dennis O'Harrow of the American Institute of Planning and Lee Syracuse of the Land Use and Development Department of the National Association of Home Builders sought to develop and promote innovative land development regulations as an alternative to the rigid and obsolete lot-by-Iot subdivision regulations and the straightjacket zoning ordinances of the 1920s and '30s, still regulating land use in the sixties. By the late sixties Lee Syracuse had formalized an innovative alternative to the obsolete regulations. He dubbed his concept "Open Space Zoning". This idea sought to give land developers higher density on larger land tracts if they were sensitive to environmental factors, saved trees and woods, steams and wetlands, and configured primarily residential uses creatively. Streets would be designed to land contours, setbacks undulating, uses and densities mixed appropriately and separated by man made or natural green space. Lee Syracuse was the father of smart growth. He believed his concept was a superior alternative to the destructive formless land gobbling sprawl taking place in sixties urban America. Open Space Zoning would slow sprawl and provide more efficient and aesthetically pleasing functional land use patterns. Unfortunately status quo municipal planners who were not interested in rocking the comfortable boat they were riding in by proposing changes to their local planning and zoning codes met his idea with skepticism and resistance. I entered the picture in 1970, joining the NAHB Land Use and Development Department as an Associate Planner right before Lee moved on to private practice in the Bay area. I, and my boss, Bob Gould, carried on the battle to get Lees' concept accepted into planning ordinances at the local level. We promoted the Open Space idea all across the country in seminars, speeches at governor's conferences on land use, in our professional organizations, and through the review of land development regulations sent to us by members from all over the United States. Finally, in 1973, the American Society of Planning Officials agreed to work with NAHB to develop what would be called Planned Unit Development and to officially sanction it for adoption by the nations local planning agencies. By this time I was the director ofthe Department and I personally spent many hours in Chicago working with my counterpart at ASPO to reach a consensus, which would finally be accepted as an adoptable PUD ordinance for local govemments. The Dubuque provision is a direct result of this effort. How the POO provision is understood and its administration has everything to do with its proper utilization and effectiveness, and in fact its validity as a land use regulation. Lee Syracuse would roll over in his grave, Bob Gould would be disgusted, and I am very discouraged by what this ordinance is allowing to be proposed here in Dubuque. Not in my wildest dreams did I think the thing I nurtured would be so misconstrued in my hometown. River Pointe is a gross corruption ofthe spirit, intent and substance ofPOO. The Spiegel proposal is a sham end run around the provision in order to build 12 story apartment blocks on a four-acre lot (barely two acres over the minimum). There are no mixed uses. High-density high rises were never meant to be regulated under PUD. Their unique characteristics must be regulated under a separate ordinance. River Pointe is not a POO. If this proposal is approved you will have made a mockery of the efforts of all of us who have worked so hard to improve the urban landscape through POO principles and you will have gutted the Dubuque ordinance to meaningless. IfMr. Spiegel wants POO zoning let him propose to build a true POO. Vote no until he does. Dean Rampson Urban Planner 1158 University Dubuque 52001 5824524 A BRIEF REVIEW OF THE DUBUQUE PUD CODE VIS A VIS RNER POINTE PROPOSAL, SELECTED SECTIONS 3-5.5. Planned Unit Development District (PUD). (A) General purpose and description. The (PUD) district is intended to encourage flexible and innovative design in the development of appropriate sites as integrated project units. Regulations for this district are designed: Comment: The key words here are appropriate sites, innovative design (land plan), and integrated project units. The site is not appropriate for 12 story high rises. The land plan is not innovative, instead, it is exploitative. There are no integrated project units in the existing proposal, just high rise. (I) To allow a workable, interrelated mix of diverse land uses; Comment: There is no interrelated mix ofland uses, just high rises on a four acre plot. (2) To encourage flexibility in design for efficiency and cost saving for the developer and the community. Comment: In a PUD this provision was meant to encourage the innovative mixing of housing, shopping, and green space. Density would be increased, resulting in substantial savings on streets and utility infrastructure. River Pointe does not meet these goals. Mr. Spiegel says building up is more economical. What he really means is high density is more profitable. PUD was not meant to be a cash cow for developers. (3) To maximize the potential for large-scale office, residential, commercial and industrial development and at the same time reduce to a minimum the impact of the development on the surrounding land uses and the natural environment; Comment: Since the word (and) not (or) is used in the first sentence and given the general purpose ofPUD, River Pointe does not meet this criteria. The impact on the surrounding land uses and natural (visual) environment is major. (4) To encourage new development to preserve and utilize existing land characteristics and features which offer visual recreational benefits or other amenities; Comment: The proposal will not meet the recommendations of this section, specifically, the preservation of the visual integrity ofthe natural bluffline. It is an overwhelming intrusion onto the bluff at 12 stories (120-30 feet high). (5) To promote the economic, attractive, innovative and harmonious arrange- mint and design of new buildings, streets, utilities and other improvements or structures; Comment: This section amply illustrates River Pointe is not a POO, it's just high rises on a plot two acres over the minimum required. (6) To provide for the creation and preservation of more and larger useable public or common open spaces than would normally be provided under conventional development; Comment: Would not provide public open space. (B) (I) General Standards: (a) The density and design ofthe POO shall be compatible in use, size and type of structure, relative amount of open space, traffic circulation and general layout with adjoining land uses, and shall be integrated into the neighborhood. Comment: River Pointe will not be compatible in use, size and type of structure, with the surrounding land uses, which are either single family or two story apartments, with the exception of Mercy Hospital. (d) The POO shall conform to the adopted long range comprehensive plan. Comment: The Long Range Planning Committee has gone on record in opposition to River Pointe. (2) Specific Standards: (d) Structures, other than single-family, adjacent to existing single-family dwellings must be adequately screened and landscaped. Comment: How do you screen a 12 story high rise? (3) Other Conditions: (a) Improvement of traffic circulation for vehicles and pedestrians in the proposed development and adjoining properties and streets Comment: Do you believe River Pointe will improve traffic circulation in adjoining properties and streets? My experience indicates the opposite will happen. (b) Specific landscaping/screening/lighting requirements to maintain privacy or reduced impacts in adjoining properties. Comment: How do you ensure privacy or screen for a 12 story high rise? People with binoculars or telescopes do look into windows of the surrounding buildings. My friend in Minneapolis does it quite often from his eighth story window. . . owners. (c) Joint use of private open space or amenities by adjoining property Comment: Are neighbors going to be allowed in the gates? Will neighbors need a River Pointe identification card? Who will be eligible? This will be problematic to say the least, could lead to court action. (F) Plan Approval Standards (3) The proposed development shall not interfere with the appropriate use and enjoyment of property on abutting districts. Comment: This proposal has significant neighborhood opposition. (7) Due consideration is given to preserving natural site amenities and minimizing the disturbance to the natural environment. Comment: The bluff and the bluff-scape are the site amenities and they will be degraded by 12 story high rises. In conclusion, all the above factors taken together indicate an overall repudiation of the POD principals. River Pointe does not pass muster ofthe Dubuque POD ordinance. Mr. Spiegel should propose a true POD ifhe wants POD zoning. Vote no until he does. Dean Rampson " ItJE;vf:12. PRIIUTt=[) &'1 T f-{ LtJ!-jA-T wAS It BA b ([)c:A 2 /lfDAJTI-lS AGu (.:5' S.IILL A &.;.)b I ()EA~ October 11,2005 To the Editor, A.I. Speigel found Kelly's Gold. It wasn't underground, it wasn't on the ground, it is the ground! A land use regulation "Planned Unit Development" Dubuque style has opened the treasure chest for him aod other developers. Beware property owners in areas of the city on or near river view bluffs; River Ridge- Mississippi View, Villa- Mountain, Raymond, Cooper-Fenelon, North Main-Shelby, Eagle Point Drive, etc, Your areas are already under scrutiny as potential high density high intensity "PUDs". Chaoge is blowing in the bluff winds, Pressure to increase laod values in these areas will result from the approval of River Pointe complex. Property taxes will necessarily have to increase to reflect the new value of this scarce commodity. This is how the real estate market works, just ask native Galeniaos or the city assessor. Or maybe your neighbors will sell out to a developer aod the neighborhood will never be the same. Indeed the city will never be the same. Blufftop land is not the property of all the people of Dubuque. It's property of those whom own the laod. The people of Dubuque do have a say over blufflaod through the various laws and regulations of the City of Dubuque, aod through our elected city counciL We all applauded when the council recognized the symbiotic relationship between the river and the riverfront, resulting in the renaissance from industrial to people friendly uses. Now the council needs to recognize there is a similar relationship between our river bluffs aod the river. We need to nurture and protect that relationship too. The council needs to say no to River Pointe aod request the Plar.ming Department produce land use regulations that protect the river bluffs from Bigger is Better; red /2. story buildings massed densely at the bluff edge, gates to keep out all but jaoitors, maids aod maintenance men, open space not available to Dubuquers, a non diverse land use, a non diverse resident population of wealthy mostly non Dubuquers, and traffic problems from the intense use of land whose impact will no doubt only be realized after the fact to the woe of the affected area. If the council allows the project what assurances do we have the developer, whose only:{ "\ track record so far is a stalled project steeped in controversy already costing city money ( 3 5'"u 1000 ) and time will be able to pull it off? Perhaps he's over reaching gambling that half a loaf . or even slices will be his reward for this proposaL I've been fortunate in my past to have worked with and met developers who have built large scale projects. These men invariably crawled before they walked, started out small and bUIlt their way to big. This developer wants to run the Olympics before he crawls. Interest rates and inflation are on the rise again. Could this project become a red elephant on the bluff never finished, perhaps a maintenance problem and an eyesore? All that glitters is not gold. Dean Rampson 1158 University Ave Dubuque 52001 5824524 (UlLL WE:. 7~Abi:.- (DOGe:, ['>LAIV/V/IUG TOR- eJo&S' t'I S /AJ C H 110A ? AgE I.UL 12 Ell Let T ;-/;'1T D t.. 5" PE~A T'E Fo~ JubS, (J-/IS ?RoSt::CI ().J/LLB1:2 <Jtl) (HE "Sk'lLJIlJE:: ~ FoR. fD5Si~LY IDD YE.A~'S,. JI-I~ JDI!:;:S UJIL.Ltst;:. St!of2..T tEt2M, '(5 Tt--/(S' T/<.AD~ 6FF woRTH IT? MR-. 5Pc(G.[L TA K c. [)DuJl0 TrlOSt <:;;'71 / c5 /J IV 0 S CA LE -[Jou)A.) Tt-II.5 IAJHUluffpJ -::::ScALe. PrR. OJ GeT.. 4~ ~ .' A> ~_~ who "~,, ,'" ",,,,,1- of"" ,,,po"" - '0""" Co"",- """" ,,,,,"," '""'" 00_' fo< ,,,.,,,,_ w, ",Ily" BIclI" J)obo<l~, wo "" " oP1"''''''''' '" ,,,. "''''''',.,.... ADDRESS TELEPHO}lEI E- L _...~---~--_..-..-.,-""'----- . }lAME NAME plU}lTED SlG}lED .~ fI -<....-' . ,)2 11'\ if- ! 11.?(\111J<,6~" . 1. ,,- . c /i., L, . 5--'" -D'>'1) .> ,.).. i~() 5~J;.....M %0 SUM' ;--r ~ -> We oppose the condominium project planned for Kelly's Bluff I 2- 3 'I :::r C) V\ 0 be.-- S- 6 ~ ~::7 I~ ~~.h~ l ~ It> 1/ It. 13 ''1 " 15 !...-- '" r7 '8 , 20 2.1 c-m""Li- ~ 55 -5Cj'iO :J8?- SID !5?~-??7YS 1 5'6.:2. - ff/'-lS ,3 z.z ./1- 'l'J.J... ;;;Vr'S ~t . ~ "LI./ ~5" Jb -;)7 ~~ ; ?YI lv, : /3 rr;- /I leT' ST. - l-z&' ~s- .' We oppose the condominium project planned for Kelly's Bluff. I ~~:r~~~aH~$L1 /O~>>:~; Of ];~-~~'l-9 Z ---b.!ICde..'c\1\'''S!f : ,n '{,eLI, xh.\0)."\J7l 1(,,9(,~ ('::eif',! \ /lI'I\<::1 . 5!5'7-'>{';'('-'l: "7 . id C-/ i ! :3 ../."',:/Z7/), y 17/rj~':cY'i ~-..:.:;.>/ ~LC:---'! l(roSlo,J ('cn::,/ IJ~c\\f"l f'.:6J7-Rii:<iO jl .! /' -/ !.' /: I ! ! : 5" ! I 6 I 7 8 &J It) U It. '3 ''I 'S ~ " 8 , 20 ~I ~z. ~t ttl ~5" I i r i ,,' ." We oppose the condominium project planned for Kelly's Bluff. ), '- , Jf!MC5 f3JNw.M.1'jIo' r 9g - I 5 c.~I/NbVIEfN: I , i I I I I ~/1 g' . 01) It. I : , , , .i ~~- ~~ ~.:Jf ~ t;.~A,' " ~~j " . - ~ '.. ~~,~ ~~~ . ~ ~..,,' ~.~t . Ci ~.~ ~' (3 I ~c:.c>.~ , ------~ - \ oY '2-- ~b 1/... 0 f. From the desk of - JIM RICHARDSON l~J C;Y~ C()\ll\~'-\. - (/\"\1\) ~~~~ I':> _(\K \'(\ xYt~ \~JJ.~Lyt- ok~~ \' \\ ~\t\~01 \J~tM.qv~' Du.< 'w~ a~~ ~\~~ 'W\.Jt \ br~ , lcJ~t \~ \\~~, v.)~ ~ ,~.w..",J ~()W'rt~v..).() 0.. (\ J. \ \ ~ '/.J.. 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"1:i _ E U s::~ rJ) b.O @ >- E 0 00. .. o "t ;:l <:: i:l "1:i fa: E U <0>- - ...< U"1:i O'~..c: @ .S r::. ~ == "OCd4-<"'OU ;;;J i:l .... 0 OJ OJ .S ~ d~ o~-;S .~ ,'" <'f'II:l1,. "'11!j' f;l;. "1:i..c:s:B{J :g !" ',. 0 g 1t 0 ;:l:.a \,.,,,..' >- z ~ .... U A ~ 0... OIl . '" ~ Eo-< 0 I--< a) <l.) ro I--< .. <BV;:l~<B i:l < Z Eo-< -"i f-< g- 1:$ "1:i - 0 ~ -< l-; 1J).n._ c: Z ~ u ~.s~OCl:l OJ 0 .. U,,-" 0 c:~. \ oJ' 0 f;l;. C[)04-0"'t:)O .. 8"-" U !;; c:;...011)0 .... a ~ 0"5 N OJ 0 ~ .- tf.l.- ed " .... ~ ~ ... a:l:,:::Ut::: <B OJ 0 ~ U ro..g aJ cd >-. OJ"1:i ~ 01 r~~l 1~ ~ .- - Eo-< O"1:i OJ .D c:.~ -;S OJ ~ .u.:lttjl1.) ~ < >C:~~;n Eo-< ~ Il.) e-.........- a; .D '" 00. ~ coo-g'5"" ;:l .~ ~ u 0.. u '"d (/J-;S ; ~g~S5~E~~~~ ~~~~~j~~j~f'~55~~"~~~~ oJ~!~ ~~~~~~5 ~ 9 '" il.~E~ :t~8~a.""'lj~ii~ ~ ";'.~l1!sail. 8, 'js~ t>l!'ll;e U.l! 0. iii ~~ as a.. ~ !!:Et)! -ii:1ii '15 ...:!E _ i. r::: ! 1ii ~. giU~!~~~!r:d~~~~~g:id~?i~dnURi ~''iib .!il;n~~in~ ~1il.!l8 8 .~o~i'" ii~g.., i~bj.!'g!jBlI!~ "-.5..- .. :i..,l!:~i~lill"O~JE~O ;~~:iili;;iiiU!ihUhli~!U!inpllilllJd:ihitt ~ February 10, 2006 To: Dubuque City Council Re: River Pointe Development Dear City Council, I would like to say that I am against the condo project at this magnitude. One-half its latest proposed size would be more reasonable. I think that the city council and zoning commission owe the citizens in the neighborhood protection agIlinst this type of invasion. That is the reason we have zoning laws and ordinances. Please don't ruin the neighborhood and the bluff skyline with this massive, out-of- proportion project Size it down and make it acceptable to the ecology and in harmony with the neighborhood Thank you., Jim Banwarth 985 So Grandview Dubuque, Iowa 52003 ,..J February 12,2006 "~ 0/J fI4 r :xideue ,2zttrlt;f t7J2o;ee hi I ,\!illih (,rt/!l(h'iClI!\'(' !)lI/'/h/lft', r I 5_.1(j{!3 I'hu/h' 1.563 ;;;;,\'.:) -/5! Ii ( '(,//,"'(,3 5..\'IJ () 5,\ ! /elulc"/O(J.U IJI.\l1cnlil To the Members of the Dubuque City Council City Hall 50 West 13th Street Dubuque, Iowa 5200 I Dear Members: I am writing you in regard to the Kelly's Bluff condominium project. I moved to Dubuque three years ago from St. Joseph, Mo. I love living in Dubuque. I fmd it a friendly town and I love it's natural beauty. That is why I urge you to be very careful when considering development along its beautiful bluffs. Your approval of this project could be setting a precedent for further high rise development on the remaining bluffs. Kelly's bluff is a place where your eyes focus when driving west across the Julien Dubuque bridge. The design of the proposed project is too tall, too dense and too invasive for this particular site. This project's architecture would blend in better on Dubuque's west side. I own a farm near Elkader. The farm has been owned by my family for 154 years. I rent the 110 year old farm house out to people moving to the Elkader area from such states as California, New Mexico and the East Coast. Several families have taken up permanent residence in the Elkader area because they like it's natural beauty and the fact that the community has worked hard to preserve its historic buildings. Natural beauty and historic buildings are assets that people living in major metropolitan areas hunger for. Preservation can lead to growth. Finally, I oppose this project out of concern for the residents living below this project. What will the necessary blasting and rearranging of the limestone bluff do to their property? We know that invasion of a bluff can have serious stability consequences I have served in public office and on several government boards so I appreciate the commitment you have made to serve your fellow citizens. .a:~~ Helene Hurley M'::7" / -., Dubuque City Council City Hall 50 West 13th Street Dubuque,IA 52001 r , Dear members of the City Council, I am personally very opposed to the River Pointe Condominium. As I drive down Dodge Street lately, I have often looked up at the skyline, noting two story houses that already dominate the landscape not far from the proposed condominium. TWO stories high! And those dominate. Now, imagine a 12 story building on that bluff--even set back to attempt to minimize its visual impact. Born and raised in Dubuque, I treasure our bluffs. They help make our beautiful city unique. roamed these bluffs as a child: the ones just above Trinity School, those above Kaufmann Avenue and, of course, the bluffs abutting Eagle Point Park. We have already seen some of the devastation of our bluffs near Eagle Point Park. That landscape is already heartbreaking and may be very costly to repair. And who will be held responsible? Taxpayers? I believe there is a certain amount of danger in trying to build a 12 story building on the property of the former Dominican Villa--even without blasting for below level garages. Not to mention the entire traffic problems that many are trying to minimize. Lately, there has been a great deal of electrical work on the approach from Bryant Street to Mercy Hospital. One lane traffic, Seems like an omen to me, But, most of all, I treasure the pristine look of those bluffs. I mourned the loss of mature pine trees along Dodge Street, but their loss is minimal compared to a sight line of brick and mortar that takes away natural beauty unnecessarily. Monetary tax gain and a lovely sight for a few is just not worth it. Maybe we only appreciate what we might lose. Thank you for all your time and dedication. Please remember, that for many of us, the point is NOT River Pointe. ~reIY'~ 0 o--"""~ / ~y Do na Bauerly 305 River Ridge Dubuque, IA 563-556-5226 A note about my personal view of the River from a small bluff area. I remember when Interstate Power company put up its huge white poles-without filing an environmental impact statement. Those poles went up like asparagus on a warm spring evening. Many citizens tried to fight that dissecting of the beautiful view of the River. To no avail. Those lines and poles also went right through the Mines of Spain. Environmental impact? Who cared? , '~~',9Ja-J! o/f, .~- ~- - , ;' / ~~ ?~M~ kl~r~A- ,~~ ~I: ~~;(.~,rl14iC,-A' ~~,'~~~'" . &~~,~'jiL:i-€2__f~ <&J( ~ ~~I:~&er:~<~~4i,~, {k~fIi /:;.:i, a, "'/IN? \J,-t~,vfJ ~,,' '4:,,' '. 42.-,' .,J.z$.d /;e~~'fkeje~~~ a_,~~? ,~Wc ,-~ ~ ~l(':f?~ cytkfk tiJ. ~Jf{/ <z- ~ Z ~/ (~ c.e.~, "f}O ,:In.:;t~ Ua-<.~ adL.~-?t$.l../ i: '~1:i. / {";~4:::- c~ 41u,c!-ew7L f~ -??~ (€. ~~ 41:', '. "v l' '<1.U1,"~' ?k b,4L€ - S, :~-ev,; /lIU~, ~ ,n /? . . .', '~ ~Vi.-- ,?l;,,<&~ ~?,t/'-ce4/ /?~I!-:L;"- ~'~~,' '. j. ,Y,' .~7?td%u#-~-' , e;;&~ (fJ~ - ,~~e,&~!f ,~a-/S3 February 12, 2006 Dubuque City Council City Hall 50 West 13'h Street Dubuque, Iowa To: The Honorable Mayor and Members of the Dubuque City Council Re: The rezoning of Kelly's Bluff The "COMPREHENSIVE PLAN FOR THE CITY OF DUBUQUE" sets forth as "Objectives for Land Use", several goals, one of which is "To Limit Development Along Bluff Lines...... Clearly, this addresses the issue of the proposed rezoning of Kelly's Bluff for the construction of a 12 story condominium. Please DO NOT allow our Dubuque skyline to be dominated by such an enormous and out of place structure. We respectfully urge your "NO" vote on this matter. Sincerely, (2Jr;t ~ ~tL"1"Y) ~4.," C',,-o.h nULn.. Robert Eichman Damaris Eichman 3080 Karen Street Dubuque, Iowa c r_\ .j , J::>'.' February 14,2006 Members of the Dubuque City Council, I am writing in regard to the revised plan for the River Pointe condo development project. I have attended eve\)' Zoning Board and City Council meeting to listen to both sides of this very controversial issue. In its new and revised fonn, the development is still too massive, too tall, too dense, and too invasive for the surrounding neighborhoods and for the bluff The previous plan was to build 250 condo units and 36 assisted living units. The new plan is to delete the 36 assisted living units and build 240 condo units. This is a decrease in just 10 condominium units. In addition, the 12-story condominium towers will span the bIumine from south to north and from east to west, the length of 400 feet, which is longer than a football field The bluff will be excavated beneath the condominium towers to build the parking garages., 2.5 garages for each condo, a total of 600 parking units. I see this development not just as a controversial issue, but as a justice issue on many levels: environmental, economic, social, and ethical. Recently, the City Council voted unanimously to sell public land on Southern Avenue to a couple whose dream it is to return to the neighborhood of youth to live out their retirement years. My concern is for the lifelong residents on Cardiff Street and adjacent neighborhoods whose dream it is to live thc rest of their lives in their homes. I drove to the edge ofMazzucheIIi Place. These homes and families will not withstand the impact of the excavation of the bluff and the erection of these 12-sto\)' towers. My concern is also for ethical city government policy. More than one Zoning Board commissioner has stated that this development is in violation of city laws and ordinances. For example, a development of this size and density requires more than one access point Access to this site is from a single point.In addition, the streets and intersections are not equipped to handle the traffic impact of such a massive development. This development is also in violation oflowa Code Chapter 414, which states that a city is empowered to regulate and restrict the height and number of stories, the size of buildings and other structures, and the density of population. The zoning regulations must be made in accordance with the city's comprehensive plan and be designed to lessen congestion in the street, promote health and the general welfare, provide adequate air and light, prevent the overcrowding ofIand, avoid undue concentration of population, and promote the conservation of energy resources. The statute further states that these regulations must consider the character of the area, the suitability of the area for particular uses., and the most appropriate use of land throughout the city. These regulations are required to promote "the health., safety, morals., or the general welfare of the community or for the purpose of preserving historical.ly significant areas of the community. I set these points on paper, not for your infonnation because you are aware of zoning laws and ordinances. Rather, these. regnlation... are toremindme and the- public' why we have zoning boards aod city councils whose duty it is to consider matters with integrity and responsible governance. Currently, one bluff is in ruins because this same developer aod certain members of the former city coWlcil rushed ahead with a plan that was not well thought out That development also was in violation of city laws and ordinances and Iowa State Code as stated above. The taxpayers payed $~lk99il.l2fan engineering study to assess the damages. Last night the new budget ~ $300,000 of taxpayers' money to repair the bluff, even though the city is facing a budget sbortfall. Where is the developer's responsibility to present projects that are in accordance with ordinances aod codes, that take into consideration the proper use of land aod the burden a development will impose on the neighborhoods and streets, and to step up aod claim responsibility for damage done? Thank you for considering my letter. I hope that we can work together as a community to do our jobs as stewards of the land aod neighborhoods aod as guardian... of public policy. Respectfully, ~/ft!l1f 3;uvrMr/L- Francine Banwarth 985 So Grandview Dubuque, Iowa 52003 WHKS & co. ENGINEERS PLANNERS LAND SURVEYORS FOUAD K. DAOUD, P.E. & S.E., PRESIDENT & CEO PENNY L SCHMITZ, EXEC. VICE PRES" COO & CFO RICK G. ENGSTROM, C.E.T., VICE PRESIDENT MICHAEL A. ZELlNSKAS, P.E., VICE PRESIDENT GERALD M. WEILAND, P.E., CHAIRMAN OF THE BOARD February 15, 2006 185 WISCONSIN AVENUE EAST DUBUQUE. Il61025-1324 phone 815-747-8833 fax 815-747-6043 e-mail: eastdub@whks.com website: www.whks.com Mr. Kyle Kritz Associate Planner Planning Services Division City of Dubuque 50 West 13th Street Dubuque, IA 52001-4864 RE: City of Dubuque, IA River Pointe Development Response to Site Traffic Impact Study Comments Dear Mr. Kritz: As requested by the City of Dubuque, WHKS has reviewed the comments and documents submitted by Mr. Jeff Nagle concerning the Traffic Impact Study for the Proposed River Pointe Development on Mazzuchelli Place in Dubuque, Iowa (October 2005) that was prepared by WHKS. This letter addresses the traffic analysis comments and issues raised by Mr. Nagle in the bound document titled "River Pointe Development" submitted to the City on December 19, 2005. Comment No.1: History: "... all developments.. .have been assessed a 10 vehicle per unit per day..." Response No. 1 to Comment No.1: A generalized trip generation rate to determine Average Daily Trips (ADT) for all developments in Dubuque has not been documented by any study that WHKS is aware of. The Institute of Transportation Engineers (ITE) Trip Generation manuals provide ADT rates for a wide variety of land use types, including the land use type anticipated for the River Pointe development. The methodology for using the Trip Generation manuals directs the user to estimate ADT and AM and PM peak hour volumes based on specific land use types. The study performed by WHKS followed the procedures and methodologies recommended by the Trip Generation manuals (7th Edition) and the Trip Generation Handbook - An ITE Recommended Practice. Comment No.2: Development and Impact: Mr. Nagle refers to 4 items that he believes contradicts the analysis prepared by WHKS. Items 3, 4, 5, and 6 are attached to his submittal and are discussed in the "Development and Impact" section of his submittal OTHER OFFICES: P.O. BOX 1467 1485 OETH COURT 1421 S. BELL AVE., SUITE 103 2905 S. BROADWAY MASON CITY, IA 50402-1467 DUBUQUE, IA 52003-7879 AMES, IA 50010-7710 ROCHESTER. MN 55904.5515 PHONE 641-423-8271 PHONE 563~582.5481 PHONE 515-663-9997 PHONE 507-288-3923 Mr. Kyle Kritz February 15, 2006 Page 2 of 4 Response No.1 to Comment No.2: Item 3 is an excerpt from the text provided in Item 4. Therefore, WHKS will discuss Items 3 and 4 jointly. Note that the submittal by Mr. Nagle repeats the same table, Table 3.3-Trip Generation Rates, in Items 3, 4 and 8. From the internet address on the pages, the information in Item 4 appears to have been downloaded from a website called "Shaping Dane", a site concerning long range planning for Dane County, Wisconsin. The text in item 4 is from the "Community Guide to Development Impact Analysis", a larger document in an Adobe file format. The link to this document is: http://www.lic.wisc.ed u/shapinqdane/facilitation/all resources/impacts/CommDev.pdf Table 3.3 of the Community Guide document lists Trip Generation Rates and indicates that the source of the information is ITE, Trip Generation. Mr. Nagle highlighted the text in the table for the CondolTownhome residential land use. WHKS reviewed the current Trip Generation manual to see how the values compared to the information provided by Mr. Nagle. The comparison is shown in the following table. Rates Source land Use Base AM ADT ADT Range Unit Peak Table 3.3 CondolT own home Dwelling 0.44 10.71 1.83-11.79 Unit ITE CondolTownhouse Dwelling 0.44 5.86 1.83-11.79 Unit It is unclear why the source that is referenced by Mr. Nagle cites an ADT rate that is higher than the rate published by ITE, but otherwise the reference agrees with ITE. However, the land use category that is referenced by Mr. Nagle is not the land use category that is appropriate for the River Pointe development. Due to the height of the proposed structures, it is appropriate to use ITE Land Use Code 232, High Rise Residential CondominiumlTownhouse, rather than ITE Land Use Code 230, which appears to be the source of the information provided by Mr. Nagle. The following table lists the ADT rates for the High Rise Residential CondominiumlTownhouse land use, as well as the AM and PM Peak rates used in the site traffic impact study performed by WHKS. Rates Source land Use Base AM PM ADT ADT Unit Peak Peak Rance ITE High Rise Residential Dwelling 0.40 0.40 4.18 3.91-4.93 CondominiumlTownhouse Unit The ADT rate for the High Rise Residential CondominiumlTownhouse land use is lower than the rate for other types of CondolTownhouses, but it would be inappropriate to use the other land use category without additional justification. However, Mr. Nagle's emphasis on ADT rates is misplaced. The key ratios for a capacity analysis are the Mr. Kyle Kritz February 15, 2006 Page 3 of 4 peak hour rates, which determine peak hour volumes. The capacity analyses for each intersection in the site traffic impact study for River Pointe are based on peak hour volumes, not on the ADT volume. For your reference, if the CondofTownhouse rate of 0.44 were used in the analysis, it would have increased the peak hour volumes by 10 vehicles. This increase would not have significantly affected the results of the analysis or the conclusions of the site traffic impact study. Response No.2 to Comment No.2: Item 5 This text is from the Transportation Research Board website. The Transportation Research Board (TRB) is a division of the National Research Council, which serves as an independent adviser to the federal government and others on scientific and technical questions of national importance. The text is an excerpt from a synopsis of a study providing travel estimation techniques for broad urban area analysis, not an analysis of the traffic impacts of a particular site. The text highlighted by Mr. Nagel is the high end of a range of ADT rates of 7-14 trips per household, which were listed in a previous study. The report synopsis provided by Mr. Nagle is for a new report that replaces the earlier report with this range of values. The new study found an average ADT rate of 9 trips/household. As indicated above, this is an average rate to be used for urban areas that do not have locally derived travel demand data. It is inappropriate to use average rates for a trip generation analysis or when information is available for a specific land use type. Response No.3 to Comment No.2: Item 6 This text is from a report documenting the locally derived travel demand data for the Rapid City, SD Travel Demand Model. It should be noted that a similar type of model is maintained by the East Central Iowa Intergovernmental Association (ECIA) for the Dubuque area. As discussed above under Response No.2, the scope of Travel Demand Model study is significantly different that the scope of a Site Traffic Impact Study. The Travel Demand Model is a community, area-wide analysis that predicts how trips will be generated within Traffic Analysis Zones (TAZ) and how those trips will utilize the roadway system within the community. The model is based on ADT volumes and assists governmental agencies in planning for transportation system improvements. A Site Traffic Impact Study focuses on a specific site and looks at the impact within a much-reduced area. For the purposes of the Travel Demand Model, the use of average trip generation rates is appropriate, but it is inappropriate to compare the information used for this type of analysis with the information provided by WHKS for River Pointe. Summary Mr. Nagle provided traffic analysis comments and issues in a bound document titled "River Pointe Development" submitted to the City on December 19, 2005. The document asserts that the Traffic Impact Study for the Proposed River Pointe Development on Mazzuchelli Place in Dubuque, Iowa (October 2005), that was prepared by WHKS, is contradicted by information that Mr. Nagle included in his submittal. This Mr. Kyle Kritz February 15, 2006 Page 4 of 4 letter reviews the information provided by Mr. Nagle and clarifies the application of his information to the River Pointe Traffic Impact Study. The trip generation land use information presented by Mr. Nagle is for a different type of land use than will be developed at River Pointe. Further, the studies cited by Mr. Nagle are not related to site impact studies at all, but rather to a broad, area-wide community analysis type of study known as Travel Demand Modeling. It is inappropriate to use the type of information provided by Mr. Nagel in a site-specific traffic impact study, and misleading to compare the information with the WHKS study and declare that the data is contradictory. The information provided by Mr. Nagle is not relevant to the River Pointe development or to the type of analysis provided by WHKS. If you have any questions or require additional information, please contact our office. Sincerely, :r~m uZr. Michael A. (Tony) Zelinskas, P.E. Office Manager MAZ/ss: 6684 Attachment Cc: George Murphy Steve Juergens C,.;' (') '--' IE-~U.: f-~'" o.g E-~~ eIl_. ~ ~ :;)~ ~~ ~~ ~ .~ o ~ o ~ ~ 0'. l') c~-' , / ~ c - , .. - - "" 0 " \._~-, '1.-. L_ C:c~ :: - CJ_ " . , L-1 U C.J .o1BI ; II 1~:115~ I' r-. , r/J. ~ ~ ~~ ~~ ~1 o ::l ~~ .~ o ~ ~ ~ ~ D 9 . 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