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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 /tllY-~