Zoning Holliday - Asbury QHQCity Hall
(563) 589-4210 office
(563) 5894221 fax
planning@cityofdubuque.org
January 14,2002
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque IA 52001
RE: Rezoning
Applicant: A:J. Spiegel/Dr. Timothy Quagliano
Location: Holliday Drive
Description: To amend the PUD/PC Planned Unit Development at the Southwest
Corner of Asbury Road and Holliday Drive.
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, stating that they are requesting to amend
the PUD Ordinance for QHQ Properties to delete the requirement that a second public
street access be provided as part of the development of Lot 4.
Staff reviewed the adopted PUD Ordinance, noting that when the Zoning Advisory
Commission required that a second access be constructed as part of Lot 4's
development that it was envisioned that a high traffic retailer would locate on that
parcel. Staff noted that the applicant's proposal to construct a rental business on half
of Lot 4 would significantly reduce the volume of traffic that development of Lot 4
would generate.
There were no public comments.
The Zoning Advisory Commission discussed the request, noting that several changes
in the area have occurred since the PUD for QHQ Properties was approved in 1999,
The Commissioners discussed increases in volume of traffic on Asbury Road, current
access locations on Asbury Road and potential for access to the Northwest Arterial.
Recommendation
By a vote of 6 to 0, the Zoning Advisory Commission recommends that the City
Council approve the request.
Service People Integrity Responsibility Innovation Teamwork
The Honorable Mayorand City Council Membem
January 14,2002
Page 2
A simple majority vote is needed for the City Council to approve the request.
Respectfully submitted,
Eugene Bird, Jr., Chairperson
Zoning Advisory Commission
Attachments
Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St Telephone: 589-4210
ORDINANCE NO. 3-02
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE
CITY OF DUBUQUE CODE OF ORDINANCES, BY REPEALING SECTION 2(C)(2)
OF ORDINANCE NO. 15-99 AND ENACTING A NEW SECTION 2(C)(2) IN LIEU
THEREOF PERTAINING TO ACCESS REQUIREMENTS OF THE PC PLANNED
COMMERCIAL DISTRICT FOR QHQ PROPERTIES.
Whereas, Ordinance No. 15-99 was adopted on November 1, 1999, by the City
Council establishing the PC Planned Commemial District for QHQ Properties, and
Whereas, QHQ Properties, Inc. has requested an amendment to the PUD Ordinance
regulating access requirements in the PC Planned Commemial District for QHQ Properties.
NOW, THEREFORE, BE IT ORDAINED BYTHE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. ThatAppendixA(theZoningOrdinance)isherebyamended bympealing
Section 2(C)(2) of Ordinance No. 15-99 and enacting a new Section 2(C)(2) in lieu thereof,
as follows:
2(C)(2) The first public street shall be constructed concurrent with the
development of Lots 1, 2 and 3.
Section 2. The foregoing amendment has heretofore been reviewed by the Zoning
Advisory Commission of the City of Dubuque, Iowa.
Section 3. This Ordinance shall take effect immediately upon publication as provided
by law.
Passed, approved and adopted this 21stday of January ,2002.
Ann E. Michalski, Mayor Pm-Tom
Attest:
Jeanne F. Schneider, City Clerk
ACCEPTANCE OF ORDINANCE NO. 3-02
I, Dr. Timothy Quagliano, representing QHQ Properties property owner,
having read the terms and cond t OhS of the Ordinance No, .~_~.~- 02 and being
familiar with the conditions thereof, hereby accept this same and agree to the conditions
required therein.
Dated this 29th day of January, 2002
Dr./s/ Timothy Quagliano
City of Dubuque
Planning Services Department
Dubuque IA 52001-4864
Phone: 319-589-4210
Fax: 319-589-4149
[] Variance
a Conditional Use Permit
[] Appeal
[] Special Exception
n Limited Setback Waiver
PLANNING APPLICATION FORM
~ezoning
lanned District
Preliminary Plat
Minor Final Plat
Text Amendment
[] Simple Site Plan
n Minor Site Plan
[] Major Site Plan
[] Major Final Plat
n Simple Subdivision
[] Annexation
[] Temporary Use Permit
[] Certificate of Appropriateness
[] Certificate of Economic Hardship
[] Other.
PLEASE TYPE OR PRINT LEGIBLY IN INK
Property Owner(s):
Address:
Fax Number:
Applicant/Agent: /~. ~"-. G~:)"~_~.¢..,,~,
Address: ~3:>. O. ~0~ ~0
City: ~uJo%tJ_~ State: ~ Zip:.
Mobile/Cellular Number. ,~ ;~ - 5 ~ 0 -
City: ~¢..O~'J~::;~- State: ~ Zip:
FaxNumber: 5(¢~' 5S(¢- 50tS'Z~-"
Site location/address: hl'O ~ i'l &o~
Existing zoning: ~/¢C/Proposedzoning: p~¢¢.Histodcdistdct:-- ~/~ Landmark:
Legal description (Sidwell Parcel ID number or lot numbedbiock numbedsubdivisi~):
Total prope~ (lot) area (square feet or acres): ~, ~ ~ Number of Io~: [
Mobile/Cellulcr Number:
Describe proposal and reason necessary (attach a letter of explanation, if needed):
CERTIFICATION: I/we, the undersigned, do hereby certify that:
becomes public record;
2. Fees are not refundable and payment does not guarantee approval; and
3. All additional required_,,wdtte~n and graphic materi,¢s are attached.
Property Owner(s):
The information submitted herein is true and correct to the best of my/our knowledge and upon submittal
Date: !1'
Fee:;--~O~ FOR OFFICE USE ONLY - APPLIGATION SUBMITTAL CHECKLIST
Received by: '~/'Z ~'~ ~_~-~Date: /~/~/~='1 Docket:
Prope~ ownership list a Site/sketch plan r plan u Plat D Conceptual development plan
Improvement plans a Design review project description u Photo B Other: -'--:'
ATTACHMENT FOR PLANNING APPLICATION FORM
We propose that the ordinance # 15-99 be changed so that Section 2, C #2 eliminates the
need for the 2nd public street to be constructed along the west property line prior to the
development of lot 4. We believe this was initially required to accommodate the traffic
of a high volume retail center. Our development plans are for a rental center, which will
not be a high traffic retail center.
"1-
0
Z
AG
iAG
Proposed Area to be Rezoned
Applicant: A.J. Spiegel/
Dr. Timothy Quagliano
Location: Holliday Drive
Description: To amend the
PUD/PC Planned Unit Develop-
ment at the Southwest Corner of
Asbury Road and Holliday Drive.
JRYJ~ ~
~GEUEY-~ ~ .P?posed Area
_~TWILIGHT DR I to be Rezoned
PLANNED DISTRICT STAFF REPORT Zoning Agenda: January 2, 2002
Project Name:
Property Address:
Property Owner:
Applicant:
QHQ Properties Planned Unit Development
Southwest Corner of the Northwest Arterial on Asbury Road
QHQ Properties
A.J. Spiegel
Proposed Land Use:
Existing Land Use:
Adjacent Land Use:
Flood Plain: No
Water: Yes
Storm Sewer: Yes
Commercial
Commercial/vacant
North - Commercial
East - Agricultural
South - Residential
West - Residential
Proposed Zoning: PUD
Existing Zoning: PUD
Adjacent Zoning: North - PC
East - PC/PR
South - R-1
West-R-1
Total Area: 16.5 acres
Existing Street Access: Yes
Sanitary Sewer: Yes
Purpose: The applicant is requesting an amendment to the PUD to eliminate the
requirement that a second access be developed to Asbury Road as part of the
development of Lot 4.
Property History: The subject property wes rezoned in March 1999 from AG
Agricultural to PUD with a Planned Commercial District designation. The rezoning
allowed for the development of a parcel where Aldi Food Stores is currently located and
platted off three additional lots for future development.
Physical Characteristics: The subject property generally drains to the southeast to an
area currently owned by the City of Dubuque and used as a regional detention facility.
The subject property has frontage on both the Northwest Arterial (Highway 32) and
Asbury Road.
Conformance with Comprehensive Plan: The 1995 Comprehensive Plan designated
the area of development with a mixture of commercial, multi-family and single-family
development.
PLANNED DISTR~CT STAFF REPORT Page 2
Staff Analysis:
Streets: The PUD is served by an existing public street named Holliday Drive.
The existing Holliday Drive provides access to all the lots platted in the subject
commemial development.
Sidewalks: Sidewalks will be installed on all public streets as per City of Dubuque
regulations.
Parking: Off-street parking will be required as part of the development of each of
the lots within the PUD.
Lighting: New outdoor lights for each lot will be reviewed as part of the site plan
review process.
Signege: Signage is regulated as per the C-3 General Commemial District
signage, except that freestanding signs are limited to 25' in height and 108 square
feet in area.
Bulk Regulations: The bulk regulations will be the same as those established in a
C-3 General Commercial District.
Permeable Area (%) & Location (Open Space): The open space within the PUD
will be a minimum of 20% for each parcel.
Landscaping/Screening: Landscaping shall be provided for each lot within the
PUD and based on the requirements' of the site plan section of the Zoning
Ordinance.
Phasing of development: None proposed.
Impact of Request on:
Utilities: Existing utilities are adequate to serve the site.
Traffic Patterns/Counts: The Northwest Arterial is a primary artedal and Asbury
Road is a minor arterial. Holliday Drive is built to a collector street standard
1997 Traffic Counts: Northwest Arterial - 9,000 ADT; Asbury Road - 8,000 ADT.
Public Services: Existing public services are adequate to serve the development.
Environment: No adverse impact to the environment is anticipated provided
adequate erosion control measures are provided dudng all phases of construction
and appropriate storm water control is provided.
PLANNED D~STR[CT STAFF REPORT Page 3
Adjacent Properties: Staff anticipates that the most significant impact to adjacent
properties will be the visual change created by the development of the open field
for a commercial land use. As part of the PUD that was adopted in 1999, a
landscape buffer was provided and has been installed, in the southwest corner of
the development.
ClP Investments: None proposed.
Staff Analysis: The applicant is requesting an amendment to the QHQ Properties
PUD on the southwest comer of the Northwest Arterial and Asbury Road. The
applicant is asking to modify the requirement that stipulates that once Lot 4 is
developed, a second public street access must be constructed to Asbury Road.
The Zoning Advisory Commission included this condition in the approved PUD
Ordinance to address a concern regarding the volume of traffic that would be
generated from the commercial development of this property. It was anticipated that
Lot 4 would be developed for a large retail building that would generate a high volume
of traffic. Attached to this staff report is a copy of the minutes from the February 4,
1999 Zoning Advisory Commission meeting where this issue was discussed. The
applicants are proposing to develop approximately half of Lot 4 for a United Rentals
facility. A copy of the preliminary layout and elevation of the proposed building is
included with this staff report.
There have been several changes to surrounding properties that do impact the QHQ
Properties PUD. First, the approval of a new subdivision (Embassy West No. 3) south
of the subject planned commercial district that included the construction of Samantha
Drive, restricts the usefulness of having a secondary access along the west property
line of this planned commercial district. Samantha Drive forces a second public street
along the west boundary of this planned commercial district to swing so far to the east
that it would be running parallel to Holtiday Drive.
The second change was the recent approval of the planned commercial district on the
east side of the Northwest Arterial, directly across the highway from the QHQ
Properties PUD. As part of the City Council approval, a signalized intersection
approximately 2,000 feet south of the Asbury Road intersection was approved. While
the City Council would have to approve any access to the Northwest Arterial from the
QHQ PUD (through a PUD amendment), that street frontage does provide an
opportunity for a second access.
Lastly, the City Engineering Division has reviewed the proposal to eliminate the
requirement for a second access to Asbury Road, and believes that the second access
at the western limit of the QHQ Planned Commercial District is not desirable at this time
because of the increasing volume of traffic on Asbury Road. The Engineering Division
had planned for only the three accesses to Asbury Road on the north side and two
accesses on the south side (Holliday Drive and one driveway access for Westfield
Plaza). The secondary access along the west side of the development primarily would
PLANNED D[S'rR~CF STAFF REPORT Page 4
be utilized by people approaching this area from the west, which would be a small
percentage of the total number of vehicles accessing the site.
Planning staff recommends the Zoning Advisory Commission review the standards for
review and improving PUD Districts.
Reviewed: ,,~.//.'~-. Date:
MINUTES
ZONING ADVISORY COMMISSION
REGULAR SESSION
Thursday, February 4, 1999
6:30 p.m.
Auditorium, Carnegie Stout Library
360 W. 11th Street, Dubuque, Iowa
PRESENT:
Chairperson Jeff Stiles; Commissioners Ron Smith, Stephen Hardie, Martha
Chdst, Eug Bird, Dick Schiltz and Ferd Nesler; Staff Members Mark Noble,
Kyle Kritz and Laura Carstens.
AFFIDAVIT OF COMPLIANCE: Staff presented an Affidavit of Compliance verifying that
the meeting was being held in compliance with the Iowa Open Meetings Law.
MINUTES: The minutes of the January 6, 1998 meeting ware approved as written.
SUBDIVISION PLAT/451 & 495 W. 5TH STREET/MILLER: Application of Albert Miller
for approval of a Plat of Survey to create a new lot with 45.6 feet of frontage and a second
new lot with 54.4 feet of frontage.
The applicant requested the plat be tabled to the next Zoning Advisory Commission
meeting.
Motion by Hardie, seconded by Christ, to table this agenda item to the March 3, 1999
Zoning Advisory Commission meeting. Motion carried by the following vote: Aye - Smith,
Hardie, Christ, Bird, Stiles, Schlitz and Nesler; Nay - None.
SUBDIVISION PLAT/PERU ROAD NORTH OF KENNEDY COURT/TSCHIGGFRIE:
Application of Edward Tschiggfrie for approval of the preliminary plat located along Peru
Road north of Kennedy Court to subdivide a parcel into 21 sing [e-family lots.
Rod Tschiggfrie, 400 Julien Dubuque Drive, reviewed the development of Emerald Acres
No. 1 and Tanzanite Drive, which would serve as an access to Peru Road north of
Kennedy Court. He reviewed the street layout, grade, and lot configuration.
Staff Member Kritz stated that because this is a preliminary plat, the Zoning Advisory
Commission is required either to approve or deny this request. If approved, a final plat Will
be submitted at a later date for City Council approval. Kritz noted that Lots 19, 20 and 21
cannot be platted until the future adjoining street is platted and constructed. Kritz reviewed
the detention area and the street layout and design, noting that Lot 14 is designated as an
unbuildable lot.
Minutes - Zoning Commission
Thursday, February 4, 1999
Page 2
The Commission reviewed storm water issues, access to Peru Road and visibility concerns
along Peru Road. The Commission discussed concerns with Lots 1, 2 and 3 having direct
access onto Peru Road, and that the plat should be revised to eliminate multiple curb cuts.
The Commission discussed tabling the plat to allow for a revision concerning access to
Peru Road to be made and presented to the Zoning Advisory Commission at a future date.
Motion by Hardie, seconded by Bird, to table the preliminary plat until the revisions are
made. Motion carried by the following vote: Aye - Smith Hardie. Christ, Bird. Stiles,
Schlitz and Nesler; Nay - None.
PUBUC HEARING/REZONING/TSCHIGGFRIE' Application of Edward Tschiggfrie to
rezone property from AG Agricultural District to R-1 Single-Family Residential District.
Rod Tschiggfrie stated he met with numerous neighbors and reviewed his request with
them, noting that this would be a single-family development with access off Peru Road.
Staff Member Kritz presented the staff report noting that surrounding property is primarily
used for either single-family homes or agricultural.
Phil Wulfekuhle inquired about the area of the request. Kritz stated this is the same
property as that of the preliminary plat just reviewed by the Commission.
Motion by Christ, seconded by Smith to approve the rezoning request. Motion carried by
the following vote: Aye: Smith. Hardie, Chri.st, Bird, Stiles, Schiltz, and Nesler. Nay:
None.
PUBUC HEARING/REZONING/LUDWIG: Application of Ron and Joann Ludwig to rezone
property located at 17111 Peru Road (County) from County Agricultural to City R-1 Single-
Family Residential District (in conjunction with annexation request to the City).
Ron Ludwig, 17111 Peru Road, would like to have his property annexed to the City and
zoned R-l, Single Family Residential District. K:ritz reviewed the request, noting the
rezoning is in conjunction with an annexation request, which the City Council will review
in the near future. The Zoning Advisory Commission is being asked to review the rezoning
. request only. Commissioner Hardie inquired about the communication from Harry and
Mary Althaus. Commissioner Smith inquired about future review of storm water detention.
staff Member Kritz stated the Commission will review storm water issues when the plat is
Minutes - Zoning Commission
Thursday, February 4, 1999
Page 3
reviewed. Commissioner Bird inquired about service extensions which will be required as
part of this annexation. It was added that the request appears to be consistent and
compatible with the surrounding properties.
Motion by Smith, seconded by Bird, to approve the request. Motion carried by the
following vote: Aye - Stiles, Smith, Bird, Christ, Nosier, Hardie and Schlitz. Nay - None.
PUBUC HEARING/CONCEPTUAL DEVELOPMENT PLAN/TSCHIGGFRIE: Application
of Edward Tschiggfrie to rezone property from County Agricultural to PUD Planned Unit
Development with a PR Planned Residential zoning designation= in conjunction with an
annexation request to the City.
Staff Member Kritz reviewed the concerns raised in a letter from Harry and Mary Althaus
about improper notification. Kritz explained the public hearing notification process. The
Commission stated they are in compliance with State law and are comfortable with
proceeding with the request. Rod Tschiggfrie reviewed the amendment, noting this
property would be zoned for single family and multi-family residential uses.
Kritz reviewed the conceptual plan which also serves as a preliminary plat. He noted the
street circulation in conjunction with the adjacent properties. Kritz noted that the areas
labeled as multi-family would be similar to R-3 District uses and may be laid out with
common drives to limit the number of curb cuts. Kritz reviewed the proposed storm water
detention plan.
The Commission reviewed the access layout to the mobile home park from this property.
Commissioner Hardie inquired about the street width and construction He asked whose
responsibility it is to pay to have this street widened if future traffic volumes warrant
reconstruction. Commissioner Hardie believes that the street should be built to 37' now
rather than the City widening it later. The Commission and staff reviewed projected traffic
volumes. Commissioner Smith agreed with Commissioner Hardie, stating if he buys a
piece of property, he would like to park in front of his house and not be inconvenienced by
the widening of the street at a later date.
Vern Kluesner, 17146 Pepper Lane, inquired about how this proposal wil impact the
existing residential property, owners in his subdivision. He is concerned that Peru Road
north of this access is a substandard street and cannot handle the additional traffic.
Minutes - Zoning Commission
Thursday, February 4, 1999
Page 4
Alice Hemphill, 17233 Cinnamon Road, would like to see the R-3 area be zoned to R-1 to
limit the traffic generation from this area. She also inquired about the size of Ludwig's
proposed subdivision and how adjoining property owners will be notified when the plat is
submitted. Kritz reviewed the City's procedure for revie~ng plats.
Don Klein, 17125 Cinnamon Road. inquired about the time frame for Tanzanite Drive to
be constructed. He also asked how long the existing lane will serve as a construction lane.
Phil Wulfekuhle, 3033 Arbor Hills Road, spoke on behalf of friends who live in this area.
He inquired about the projected traffic volume and clarified the location of the second
access to this property. He asked that the Commission review [he street grade of Peru
Road, as it presents a possibly unsafe traffic situation. He also believes that Tanzanite
Drive be constructed as a 37' street.
Charles Scott. 737 Kennedy Court, inquired about the street elevation near Lot 14 of the
proposed subdivision. The land will be reduced by 14' near the fence line and the water
will be directed away from his property, according to Rod Tschiggfrie.
John Hemphill, 17233 Cinnamon Road, is opposed to the multi-family residential use and
asked the Ludwig's development time frame.
Sherry Klein, 17125 Cinnamon Road, ,s opposed to the multi-family use due to increased
traffic and potentially unsafe road conditions at the intersection of Peru Road and
Tanzanite Drive.
Pod Tschiggfrie addressed the proposed area for multi-family use. He also addressed the
safety issue with the grade of Peru Road and high speeds. He addressed the street width
(37' vs. 31') and feels comfortable with the 31' street width. He stated they would widen
the street if they were guaranteed that it would be extended by the City to Highway 386 in
the future.
Rod Tschiggfrie stated they would not use the existing lane to Ludwig's property as a
construction access, especially since their trucks would have difficulty climbing the hill.
Tschiggfrie indicated they will use a construction road they have already installed from
Highway 52.
Mr. Ludwig addressed his time frame for this development, noting he intends to keep
farming his land for an extended time.
Minutes - Zoning Commission
Thursday, February 4, 1999
Page 5
The Commission and staff reviewed the difference in potential trip generation (77 units @
R-3 = 528 trips vs. 18 units @ R~I = 180 trips). The purpose of the R-3 is to act as a
buffer.
Commissioner Hardie feels this is a reasonable plan but he would like to see a 37' wide
street for Tanzanite Drive. He is not opposed to R-3 zoning, as it acts as a buffer.
Rod Tschiggfrie stated the future continuation of the street into the Althaus' property would
best be a 37' wide street to allow for a suitable connection to Highway 386, instead of
using their mobile home park roadways as an access to Highway 386.
A motion was made and seconded to accept an amendment to the original motion to
request the street be made 37' wide.
Commissioner Smith inquired about storm water runoff. Tom Oster, IIW, reviewed the
storm water issue, noting that they intend to limit the runoff to the same volume/cepacity
as the current runoff.
Chairperson Stiles indicated he has no objections with the multi-family use and the 31'
wide street, although 37' is acceptable. He stated Peru Road ~n the County will probably
be widened in the near future as traffic increases warrant this improvement.
Commissioner Christ inquired about street names and whether the similarity (Tanzanite
Ddve, Court, Circle), is a concern of the Emergency Services personnel. Kritz reviewed
the process for street name review.
Motion by Christ, seconded by Nesler, to approve the rezoning request with the condition
that Tanzanite Ddve be built to 37' wide. Motion carried by the following vote: Aye: Smith.
Hardie, Christ, Bird, Stiles, and Nesler. Nay: None. Abstain: Schlitz.
PUBLIC HEARING/REZONING/HILBY: Application of Tim and Sara Hilby to rezone
property located at 4100 Asbury Road from AG Agricultural District to C-2 Neighborhood
Shopping Center District.
Tim Hilby, 3966 Asbury Road, stated that they changed the proposed street layout, placing
. the street between the two proposed lots rather than east of the lots. Staff Kritz reviewed
this request, noting it is slightly different than the previous request that was recommended
Minutes - Zoning Commission
Thursday, February 4, 1999
Page 6
for denial by the Commission. He stated that the City. Council recommended that the
request be brought back to the Zoning Advisory Commission for further review.
Chairperson Stiles asked why the street may not be constructed until the property to the
north is developed. Staff Member Kritz informed the Commission about possible access
locations. Commissioner Hardie suggested that as part of this request, the 60' right-of-way
be platted and the street be constructed to a 37' width to serve those two parcels and
future parcels. Commission Bird agreed with Commissioner Hardie's statements about
street width and access. Commissioner Schlitz agreed that no direct access to Asbury
Road from these two lots should be allowed. He is concerned about commercial
development next to the church and is concerned that the zoning request does not include
the entire property, stating that there should be a PUD for the entire property. Chairperson
Stiles reviewed his previous concerns regarding the numbeFof curb cuts on Asbury Road
and the C-3 zoning next to the church.
Commissioner Smith expressed concern with the location of the access road and stated
that he previously spoke in opposition to this request. He sees nothing that has changed
to alter his decision·
Tim Hilby stated their intention is to have commercial zoning along Asbury Road and the
Northwest Arterial, with residential zoning in between.
The Commissioners who made the motion and second agreed to amend the request to
approve the request with conditions that there be a 60' right-of-way, 37' wide street and
no direct access to Asbury Road. The Commission discussed modifying the original
motion to address street and access issues.
Motion by Hardie, seconded by Chdst to approve the rezoning request with a condition that
there be a 60 foot right-of-way, a 37 foot wide street, and that there is no direct access to
Asbury Road from these two lots. Motion denied by the following vote: Aye: Bird; Nay:
Smith, Hardie, Christ, Stiles, Schlitz, and Nesler.
PUBLIC HEARING/CONCEPTUAL DEVELOPMENT PLAN/ALDI.r INC.: Application of
Jesse Anesi/Aldi Inc. to rezone property located at the southwest comer of Asbury Road
and the Northwest Arterial from C-3 General Commercial, with conditions, and AG
· Agricultural to PUD Planned Unit Development with a PC Planned Commercial zoning
designation.
Minutes - Zoning Commission
Thursday, February 4, 1999
Page 7
Jesse Anesi, Aldi, Inc., reviewed the previous request, which wes denied by the City
Council. He scaled back on the development and is submitting a new request. He
reviewed the conceptual plan for this development and, if approved, would like to begin
construction on the first three lots this year. He still agrees to limit the permitted uses as
previously addressed. He also addressed the petition submitted in opposition. He
addressed the issues concerning access to the property and rezoning of a portion of the
property, rather than the entire property.
Staff Member Kritz reviewed this PUD,. which is scaled down from the previous request.
Kritz noted the City of Dubuque's Comprehensive Plan for this area designates the area
for commercial uses. Kritz reviewed City Engineering analysis regarding traffic generation.
Commissioner Hardie inquired about who the developer is (AIdi) although QHQ is the
owner.
Jim Kaune, IIW Engineers, is assisting Aldi/QHQ with this development. He reviewed the
area that will be rezoned noting the balance of the property will remain agricultural. The
conceptual plan before the Commission is for a commercial PUD, which shows one access
for this development.
Duane Giesler, 2310 High Cloud Drive, spoke in opposition to the request stating that the
access proposed is insufficient and contradictory to their p~'evious request which showed
an access along the west property line. He also is concerned with the property being
developed in a piecemeal manner. He feels that this is a scheme to push this request
through as a commercial development.
Ron Paisley, 4781 Asbury Court Place, spoke in opposition to the request, addressing a
concern for the resulting increased traffic and that an inadequate buffer area is shown.
John Youngblood, 4911 Twilight Drive, addressed the petition stating he personally
collected signatures. He is concerned with the temporary cul-de-sac shown on the plan
and that this opens the door to future commercial development. Mr. Youngblood stated
there is sufficient property in this area that is already zoned commercial which Aldi's could
utilize for their store.
Tom Schroeder, 4930 Twilight Drive, expressed his concern that this is a piecemeal
development.
Bob Schmidt, 2260 High Cloud, echoed the statements already made.
Minutes - Zoning Commission
Thursday, February 4, 1999
Page 8
Mr. Anesi stated that the area already zoned commercial is too small and he does not own
the property. Although the property along Asbury is not sold, his land contract begins 200
feet south.
Commissioner Smith stated that, much like the Hilby's request, this request does not
include the entire property. He is uncomfortable with this until he sees a plan for the entire
property. He also is concerned with the City Engineering memo regarding future traffic
volumes.
Chairperson Stiles reviewed the issues addressed at the City Council table, stating the
City Council appeared satisfied with rezoning the area of Aldi's development. Stiles
addressed the necessity for a second access. He stated that the City Council directive
is to follow the Comprehensive Plan, which designates this area for commercial use.
Commissioner Schlitz believes that more than one access should be provided and that this
follows the direction the Zoning Advisory Commission discussed at previous meetings. He
doesn't feel it is fair to comparethis project to the Hilby's request.
Commissioner Hardie is concerned that this plan does not show a buffer area along the
south property line: He asked if residential development is planned south of here, what
would be the buffer?. He supports the inclusion of a west access.
The Commission discussed the buffer area, accesses, list of uses and change of grade
of this property. Commissioner Nesler suggested rezoning Lots 1-3, not Lot 4, until an
access along the west property line is provided.
Commissioner Bird believes a second access is necessary, and is concerned with this
request being a partial development. He understands the frustration of Jesse Anesi not
being able to build his store and agrees with Commissioner Nesler's suggestion to rezone
only Lots 1-3.
The Commission discussed the Council's suggestion for scaling back the development and
asked whether it makes a difference who owns the land south of this request. The
Commission also discussed modifying the request by eliminating Lot 4 from this rezoning
proposal. Several Commissioners noted that they do not have a problem with this request
and that it is much different than Hi!by's request.
Minutes - Zoning Commission
Thursday, February 4, 1999
Page 9
There was a request for a friendly amendment to require construction of a second access
prior to development of Lot 4. The friendly amendment was accepted.
Commissioner Bird inquired about signage regulations for the proposed ordinance. The
Commission expressed views that this is consistent with other rezonings in this area.
Commissioner Bird inquired about Corey's development. Kritz stated that the approved
ordinance for Corey's development would allow some larger signs. Commissioner Bird
feels the conditions are too restrictive for this property. The Commission discussed how
this affects the residential neighborhood and asked if off-prem,se signage should be
regulated. Staff reviewed the off-premise s~gn regulations.
Discussion followed regarding whether to prohibit, restrict, or allow off-premise signage.
The Commission discussed consistency of sign regulations of surrounding properties. The
Commission also discussed characteristics of this site and how the surrounding residential
neighbors are impacted. They discussed off-premise and on-premise sign regulations
noting that only on-premise signage is being restricted.
Motion by Christ, seconded by Smith, to approve the request, with the conditions that:
1) On-premise freestanding signage be limited to one s~gn, 108 square feet in area and
25 feet in height per business; and 2) that a second access along the west property line
be constructed prior to development of Lot 4. Motion carried by the following vote: Aye -
Christ, Stiles, Schlitz, and Nesler. Nay - Smith, Flardie, and Bird.
PUBLIC HEARING/CONCEPTUAL DEVELOPMENT PLAN/COREY DEVELOPMENT:
Application of Corey Development, Ltd., to rezone from AG Agricultural District to PUD
Planned Unit Development with a PC Planned Commercial designation, and to amend the
existing PUD Distdct for Asbury Plaza.
The applicant asked that this agenda item be tabled to the March 3, 1999 Zoning Advisory
Commission meeting.
Motion by Christ, seconded by Smith, to table this agenda item to the March 3, 1999
Zoning Advisory Commission meeting. Motion carried by the follov~ng vote: Aye - Smith,
Hardie, Christ, Bird, Stiles, Schlitz and Nesler; Nay - None.
PUBLIC HEARING/REZONING/DUBUQUE ASSEMBLIES OF GOD' Application of East
' Dubuque Bancshares/Dubuque Assemblies of God to rezone property adjacent to 3939
Minutes - Zoning Commission
Thursday, February 4, 1999
Page 10
Pennsylvania Avenue from R-1 Single-Family Residential District to C-3 General
Commercial District.
Darryl Barklow, East Dubuque Savings Bank, indicated that the requested zoning change
is to allow for the construction of a bank which would include drivewup facilities.
Dave Goedken, representing Dubuque Assembly of God, stated they are in favor of the
proposal because he feels a bank will be the best neighbor for the church. The parking
lot for the bank will provide overflow parking.
Marry Johnson, architect representing the bank, reviewed the layout and design of the
proposed bank development.
Staff Member Noble reviewed the staff report noting the location of the curb cut and
previous rezoning requests on the subject parcel and surrounding property.
Arnold Roth, 3920 Pennsylvania, spoke in support of the bank building.
The Commission discussed the request. They noted that the parcel is appropriate for a
commercial use, that access is a concern, and that a previous rezoning across the
Northwest Arterial established a 100' setback from the Northwest Arterial. The
Commission reviewed several recent rezonings. The Commission discussed available
options for curb cuts, noting restrictions and setbacks for other properties along the
Northwest Arterial.
Chad Leitch, attorney representing the applicant, noted that the proposed curb cut
complies with IDOT requirements for spacing and that available commercial property
cannot be found in the City.
Darryl Barklow reviewed the potential for a combined access and why it is not feasible.
The Commission discussed the compatibility of the proposed development with the
neighborhood.
Motion by Hardie, seconded by Christ, to approve the rezoning request. Motion carried
by the following vote: Aye: Smith, Hardie, Christ, Bird, Stiles, Schlitz, and Nesler. Nay:
None.
Minutes - Zoning Commission
Thursday, February 4, 1999
Page 11
CONCEPTUAL DEVELOPMENT PLAN/SHOPKO: Application of Kieffer & Co., Inc./Ryan
Companies (ShopKo) to amend the Planned Unit Development Planned Commercial
District to allow freestanding signs up to a maximum area of 350 square feet, where
currently 300 square feet maximum is allowed at 255 J.F. Kennedy Road.
Claudia Melachdnakis reviewed the request noting the size of the sign and the location of
the proposed signage.
Staff Member Noble reviewed the staff report noting the existing signage allowed, by the
previously approved PUD and the amount of signage proposed.
The Commission reviewed the request asking why "Pharmacy/Optical" could not be
included within the sign face of "Shopko" and comply with the existing standards.
The applicant explained that standard Shopko signs range in size from 200 square feet to
300 square feet, but that this site warrants the inclusion of the pharmacy/optical signage
and the larger size because of the orientation of the building.
The Commission diScussed options beyond the "Shopko" standard sign package. They
explored limiting the size of a second freestanding sign which presently they are allowed,
or eliminating the second sign.
Motion by Chdst, seconded by Bird, to approve the conceptual development plan with the
condition that only one freestanding sign, up to 350 square feet in area, and 40 feet in
height be allowed. Motion carried by'the following vote: Aye: Smith, Hardie, Christ, Bird,
Stiles, Schlitz, and Nesler. Nay: None.
PUBLIC HEARING/REZONING/WILLIAM AND JANET SIEGERT: Application of William
and Janet Siegert to rezone farm land located on Highway 20 West from County A-1
Agricultural to City C-3 General Commercial District, in conjunction with voluntary
annexation.
William Siegert reviewed the rezoning request and his request to annex his property.
Staff Member Laura Carstens reviewed the annexation process for this property and
several other properties. Carstens reviewed the Comprehensive Plan for this area and the
complexity of this 179-acre request. Carstens stated the reason for the annexation is to
Minutes - Zoning Commission
Thursday, February 4, 1999
Page 12
create a continuous flow of City property and to not create an island or a flag annexation.
Commissioner Hardie inquired about the urgency, and whether this could be heard at a
future special or regular meeting. Carstens explained that this is part of a larger
annexation. If it is delayed, the process for this and other annexations may be delayed.
The Commission expressed their desire to hold a special meeting for this request.
Motion by Hardie, seconded by Schlitz, to table this item to a special Zoning Advisory
Commission meeting scheduled for Wednesday, February 17, 1999. Motion carried by
the following vote: Aye: Smith, Hardie, Christ, Bird, Stiles, Schiltz, and Nesler. Nay:
None.
ADJOURNMENT: The meeting adjourned at 10:51 p.m.
Kyle L. Krit ,~sociate Planner
Adopted
Prepared by:
Laura Carstens, City Planner Address: City Hall, 50 W. 13th Street Telephone: 589-4210
ORDINANCE NO. 15-99
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE
CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED AT SOUTHWEST CORNER OF THE
NORTHWEST ARTERIAL AND ASBURY ROAD FROM AG AGRICULTURAL
DISTRICT AND C-3 GENERAL COMMERCIAL DISTRICT. WITH CONDITIONS, TO
PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PC PLANNED
COMMERCIAL DISTRICT DESIGNATION AND ADOPTING A CONCEPTUAL
DEVELOPMENT PLAN, WITH CONDITIONS.
NOW, THEREFORE, BE IT ORDAINED BYTHE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Appendix A (the Zoning Ordinance) of the City of Dubuque Code of
Ordinances is hereby amended by reclassifying the hereinafter described property from AG
Agricultural Distdct and C-3 General Commercial District, with conditions; to PUD Planned Unit
Development District with a PC Planned Commercial District designation-and adopting a
conceptual development plan, a copy of which is attached to and made a part hereof, with
conditions as stated below, to wit:
The north 880 feet of Lot 1 of QHQ Place of the SE 1/4 NE 1/4. Section 20, Township
89 North, Range 2 East and to the center line of the adjoining public right-of-way, all in
the City of Dubuque, Iowa. ~'
Section 2. Pursuant to Iowa Code Section 414.5 (1993), 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:
Use Regulations.
The following regulations shall apply to all land uses in the above described PUD
District:
ORDINANCE NO. 15-99
Page 2
1) Principal permitted uses of the lots designated for commercial development
shall be limited to:
· General offices-[4].
· Medical office/clinic--[36].
· Dental/medical lab-[8].
, Personal services-[14].
· Barber/beauty shops--[16].
· Motel--[24].
· Gas station-[18].
· Retail sales/service-[17].
· Laundry/dry cleaner--II 9].
· Shoe repair--[18].
· Bakery (wholesale/commercial)-[19].
· Indoor restaurant--[20].
· Bar/tavern--J20].
· Automated gas station--[18].
· Service station-J21].
· Supermarket--II7].
· Tailoring/alterations--[18].
· Furniture/home furnishing-[27],
· Appliance sales/service-J27].
· Catalog center--J23].
· Drive-in/carry-out restaurant--J28].
· Drive-up automated bank teller--J8].
· Self-service carwash-J8].
· Neighborhood shopping center-II7].
· Business services-[29~]~
· Department stores-II 7].
· Banks/savings and loans, and credit unions--J31].
· Indoor amusement center-[37].
· Vending/game machine sales and service-II 9],
· Indoor recreation facilities-[37].
· Mail-order houses-J23].
· Lumberyards/building materials sales--II9].
· Printing/publishing-J32].
· Full-service carwash-J8].
· Auto sales/service-J38].
· Motorcycle sales and service--J41],
· Local shopping center--II 7].
ORDINANCE NO. 15-99
Page 3
2) Accessory uses shall include any use customarily incidental and subordinate
to the principal use it serves.
[ ] Parking group--see Section 4-2 of the Zoning Ordinance.
Lot and Bulk Regulations.
Development of land in the PUD District shall be regulated as follows:
1)
All building structures and activities shall be located in accordance with
provisions of the PUD District regulations of this ordinance and of Section 3-
5.5 of the Zoning Ordinance.
2)
All buildings and structures located on lots designated for commercial
development shall meet bulk regulations set forth in the Zoning Ordinance for
the C-3 General Commercial District, Section 3-3.3(F).
Performance Standards.
The development and maintenance of uses in this PUD District shall be
established in conformance with Section 3-5.5 of the Zoning Ordinance and the
following standards:
1) Public streets within the Planned Unit Development Distri;:t shall be designed
and built to City Engineering specifications.
I2) The first public street shall be constructed concurrent with the development of
Lots 1,2. and 3. The second public street shall be constructed along the west
property line prior to development of Lot 4.
3) Erosion control shall be provided during all phases of construction
4)
Parking requirements for allowed uses in the PUD District shall be as per the
parking group for the designated use, in accordance with Section 4-2 of the
Zoning Ordinance.
5) Sidewalks shall be provided adjoining all public streets.
6) Storm water detention facilities will be provided as per City Engineering
requirements.
7)
Adequate illumination shall be provided to areas used for vehicle and
pedestrian circulation. Light fixtures shall be of a cut-off design and be
mounted at a 90 degree angle to a vertical light standard.
ORDINANCE NO. 15-99
Page 4
8)
The conceptual plan shall serve as the preliminary plat for the PUD District.
Subdivision plats and improvement plan shall be submitted in accordance with
Chapter 42, Subdivision Regulations, of the City of Dubuque Code of
Ordinances.
9)
Final site development plans shall be submitted in accordance with Section 4-
4 of the Zoning Ordinance of the City of Dubuque, Iowa, prior to construction
of any buildings.
10)
Developer shall set aside a 30 ft. east/west x 275 ft. north/south buffer
easement area starting at the southwest corner of Lot 4. Landscape buffer
shall consist of a 5 ft. high berm with evergreen trees planted 15 ft. on center.
Trees shall be 8ft. high at time of planting. The type of evergreen trees shall
be selected by the owner of Lot 11. The berm and landscaping shall be
installed prior to the opening, if any, of the retail stores on Lots 2 or 3, provided
all four lots are zoned commercial.
Open Space and Landscaping
Open space and landscaping in the PUD District shall be regulated as follows:
Those areas not designated on the conceptual plan for devele, pment shall be
maintained as open space, as defined by Section 8 of the Zoning Ordinance, by
the property owners and/or association.
Si.qn Regulations.
Signs in the PUD District shall be regulated as follows:
1)
On-premise signage shall b~e regulated by the C-3 General Commercial District
sign regulations of Section 4-3.11 of the Zoning Ordinance, except that each
lot shall be limited to one (1) freestanding sign per business, with each sign to
be a maximum of 25 feet high and 108 square feet in size.
2) Off-premise signage shall be regulated by the C-3 General Commercial District
sign regulations of Section 4-3.11 of the Zoning Ordinance.
Transfer of Ownership
Transfer of ownership or lease of property in this PUD District shall include in the
transfer or lease agreement a provision that the purchaser or lessee acknowledges
awareness of the conditions authorizing the establishment of the PUD District.
ORDINANCE NO. 15-99
Page 5
Reclassification of Subiect Property.
The City of Dubuque, Iowa. may initiate zoning reclassification proceedings to the
AG Agricultural 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.
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.
Recording.
A copy of this ordinance shall be recorded at the expense of the property owner
with the Dubuque County Recorder as a permanent record of the conditions
accepted as part of this reclassification approval within ten (10) days after the
adoption of this ordinance. This ordinance shall be binding upon the undersigned
and his/her heirs, successors and assigns.
Section 3. The foregoing amendment has heretofore been reviewed by the Zoning
Commission of the City of Dubuque, Iowa.
Section 4. The foregoing amendment shall take effect upon publica, tion, as provided by
law.
Passed, approved and adopted this 1st day of March, 1999.
ATTEST:
/ Terrance M. Dlz~n, Mayor
Mary~A~ Davis, City Clerk
ORDINANCE NO. 15 -99
Page 6
ACCEPTANCE OF ORDINANCE NO. 15 -99
I, Michael D. Quagliano, representing QHQ Properties, property owner, having
read the terms and conditions of the foregoing Ordinance No. 15 -99 and being familiar
with the conditions thereof, hereby accept the sarne and agree to the conditions required
therein.
Dated this ~'~ .day of -~'h.~,-~/ , 1999.
By Michael D. Quagliano
;. - QHQ Properties
N¥Td £N~qdOT~A~{l ~vn~oNoo -o'~ S~O~A~flS
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