Zoning 1840 Radford J. HansenPlanning Services Department
City Hall
50 West 13th Street
Dubuque, Iowa 52001-4864
(563) 589-4210 office
(563) 589-4221 fax
planningl~cityofdubuque.org
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque IA 52001
RE: Rezoning
Applicant:
Location:
Description:
June 13, 2001
Jim Hansen
1840 Radford Road
To rezone property from C-3 General Commercial Distdct to CS Commercial
Service and Wholesale District.
~ 0
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
Russell Neuwohner, representing the applicant, spoke in favor of the request, stating that the
CS District actually has fewer allowed uses and some of which are less intense than those
allowed in the current C-3 zoning. Staff reviewed surrounding zoning and land use and
reviewed permitted uses for the CS District. One person spoke regarding a concem about
additional storm water runoff.
The Zoning Advisory Commission discussed the request, noting that the applicant proposes to
construct a mini warehousing business that would not cause any adverse impacts to adjacent
residential properties. However, the Commission was concerned about several of the permitted
uses in the CS District. The Commission discussed potential conditions to the rezoning.
Recommendation
By a vote of 6 to 0, the Zoning AdvisopJ Commission recommends that the City Council approve
the request, with the following conditions: 1.) Security fencing is required around the perimeter
of the mini warehouse operation; 2) screening along the property adjacent to the R-1 Single-
Family Residential District is required, and shall consist of evergreen plantings of sufficient size
to achieve six (6) feet in height and 50 percent opacity within three growing seasons; and 3) the
list of permitted uses for this CS Commercial Service and Wholesale District shall be further
restricted as shown in Exhibit A.
A simple majority vote is needed for the City Council to approve the request.
R~speoffully su.~b, mitted,
Eugene Bird, Jr., Chairperson
Zoning Advisory Commission
^ttachments
Service People Integrity Respor~il~lity Innovation Teamwork
Prepared by:. Laura Carstens, City Planner Address: 50 W. 13th St.I C~t~ Hall Telephone: 589-4210
ORDINANCE NO. 3~-01
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF
THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING
HEREINAFTER DESCRIBED PROPERTY LOCATED AT 1840 RADFORD ROAD
FROM C-3 GENERAL COMMERCIAL DISTRICT TO CS COMMERCIAL
SERVICE AND WHOLESALE DISTRICT WITH CONDITIONS.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That Appendix A (the Zoning Ordinance) of the City of Dubuque Code
of Ordinances is hereby amended by reclassifying the hereinafter described property
from C-3 General Commercial District to CS Commercial Service and Wholesale
District, with conditions described in the attached Memorandum of Agreement, to wit:
Lot 4 Northrange Subdivision, and to the centerline line of the adjoining
public right-of-way, all in the City of Dubuque, Iowa.
Section 2. The foregoing amendment has heretofore been reviewed by the
Zoning Advisory Commission of the City of Dubuque, Iowa.
Section 3. This ordinance shall take affect immediately upon publication, as
provided by law.
18th
Passed, approved and adopted this day of June ,2001.
Attest:
Te(rance M. Duggan~r
,///J~anne F. Schneider City clerk
MEMORANDUM OF AGREEMENT
Pursuant to the Iowa Code Section 414.5 (1993), and as an express condition of rezoning
of the property described as:
Lot 4 Northrange Subdivision, and to the centerline of the
adjoining public right-of-way, all in the City of Dubuque, Iowa.
which is the subject of Ordinance No. -01, a copy of which is attached hereto
and incorporated herein by reference, the undersigned property owners, agree to the
following conditions, all of which the property owner further agrees are reasonable and are
imposed to satisfy public needs which are caused directly by the rezoning:
A) Performance Standards
1) Security fencing is required around perimeter of mini warehouse operation.
2)
Screening along the property adjacent to the R-1 Single-Family Residential is
required, and shall consist of evergreen plantings of sufficient size to achieve
six (6) feet in height and 50 percent (50%) opacity within three (3) growing
seasons.
3)
The list of permitted uses for this CS Commercial Service and Wholesale
District shall be further restricted as shown in Exhibit A.
B)
Reclassification of the Subject PropeAy. The City of Dubuque, Iowa may initiate
zoning reclassification proceedings to the C-3 General Commercial Distdct (which
rezoning will include the removal of the performance standards in Section A above)
if the property owner fails to complete any of the conditions or provisions of this
Agreement.
c)
Modifications. Any modifications of this Agreement shall be considered a zoning
reclassification and shall be subject to the provisions of the Zoning Ordinance
governing zoning reclassifications. All such modifications must be approved by the
City Council of Dubuque, Iowa.
D)
Recording. A copy of this Agreement shall be recorded with the Dubuque County
Recorder as a permanent record of the conditions accepted as part of this rezoning
approval within ten (10) days of the adoption of Ordinance No. -01.
E)
F)
Construction. This Agreement shall be construed and interpreted as though it were
part of Appendix A of the Code of Ordinances of the City of Dubuque, also known
as the Zoning Ordinance of the City of Dubuque, !Iowa.
This Agreement shall be binding upon the undersigned and his/her heirs, successor
and assignees.
EXHIBIT A
3-3.6 CS Commercial S~rvice and Wholesale District.
(A) Generalpurpose and descriptio~ The CS District is intended to provide areas for a variety of'
business s~ces, office uses, limltl2a2I industrial activity and major wholesale opamtions. The
CS uses are prknadly characterized by large storage space requirements, high volume
traffic and low volume customer traffic. Special emphasis shall be placed on seIection of
areas to be granted CS classifieation. It is intended that the CS District is one that provides a
transitional zone that can be used between indusl~ial and celrnm~reial ~ and in c&se$ where
topography establishes a tmnnitional area due to physical ]imi~ationn between industrial and
higher density residential development.
(B) Principalpermitted uses. The following uses shall be permitted in th~ CS District:
(1) Railroads and public or quasi-public utilities including substations-J47].
(2) Gemaal office~II4].
(3) Medica den
(4) Personal serviees-[14].
(5) Off-st~t parking lot-[lq/Al.
(6) Fumitxn'e/home furuishlng-[27].
(7) Appliance sales and service-J27].
(8) Furniture upholstery/ropair-[18].
(9) Business services-J29].
(10) Office supply-[19].
(11) Vending/game machines sales and service-II9].
(12) Mail-order houses-[23].
(13) Lumberyards/building material sales-Jig].
(14) Construction supplies, sales and service-II 9].
(15) Printing/publishing-J32].
(16) Moving/storage facilities-J33].
(17) Auto service ceuters'(TBA)-[34].
(18) Auto sales/service-J38].
(22) Auto parts/supply-[17].
DU549 CH-01.TXT (2)
(23) Mobile home sales-J40].
(24) Motorcycle sales and service-J41 ].
(25) Boat sales and sm"vice-DO].
(26) Rem'eational vehicles sales and service-J38].
(27) Vehicle rental-J47].
0*) Uphois~y
(29) ConUactor s~/yaui-[33].
(30) Wholesale sales/distributor-J29].
(33) Agricultural supply sales-II9].
04) Proe,~ssing or assemNy-[33].
05) Tool, die and paltem-makinE-[33].
(36) Miniwarehoasing-N7].
,--- ..........= = . ----~-~,"'"~" ~--~"°" =~- :=viz= [19].
09) ~Landscaplng services (not including retail sales as primary use)-[29].
, , ........... ). ..... [23].
ACCEPTANCE OF ORDINANCE NO. ~¢- 01
(I) James P. Hansen and Doris J. Hansen, owners, having read the terms
and conditions of the foregoing Ordinance No. -01 and being familiar with the
conditions thereof, hereby accept this same and agree to the conditions ~quired therein.
Dated in Dubuque, Iowa this /',¢~' day of ~ ,2001.
City of Dubuque
Planning Services Department
Dubuque IA 52001-4864
_ Phone: 319-589-4210
Fax: 319-589-4149
[] Variance
[] Conditional Use Permit
[] Appeal
[] Special Exception
[] Limited Setback Waiver
PLANNING APPLICATION FORM
/~ezoning
o Planned District
[] Preliminary Plat
[3 Minor Final Plat
[3 Text Amendment
[] Simple Site Plan
o Minor Site Plan
[] Major Site Plan
[3 Major Final Plat
[3 Simple Subdivision
[] Annexation
[] Temporary Use Permit
n Certificate of Appropriateness
[3 Certificate of Economic Hardship
r~ Other.
PLEASE TYPE OR PRINT LEGIBLY IN INK
Property Owner(s): -...~,~
Address:/Z///..~ j~,
Fax Num~n
/ Phone: .5'-~
City: pu~'V~,, ,]~ S~te: ~ Zip:
Mobile/Cellular Num~n ~ ~ ~ ~ ~
~ ~wy~ Phone:
Ci~: ~uSd~ S~te: ~4 Zip:
Fax Number: Mobile/Cellular Number:
Sitelocation/address: /~'~ /~///)r:f)~b /~/~,:), /_-"~ud'U~.'~ ~,~'
Existing zoning: ~,"T.~ Proposed zoning: ~ Histodc district: ~.J~:) Landmark:
Legal deecdption (Sidwell Parcel ID number or tot number/block numbedsubdivision):
Total property (lot) area (square feet or acres): ~--~ I ~o~'~ ~ ~ Number of lots:
Descdbe proposal and reason necessary (attach a letter of explanation, if needed): T~ 1~,1¢-~¢.-~
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 addition~wr ~n ~3atefials are attached.
Property Owner(s): ~ . ~ :~--~ ~
Applicant/Agent: ~ ~/ / ' ~(~
The information submitted herein is true and correct to the best of my/our knowledge and upon submittal
Date:
~; FOR OFFICE USE ONLY - APPLICATION SUBMR7TA_L CI~IECKLIST
Fee: '-r ~.~o. ~ Received by: ~. ~ ~'~V'C Date: 4" ~7/~ I Docket:
[] Property owne--'~hi'~ list [:3 Site/sketch plan [] Floor plan '[3 Pla'/t ' ~ Conceptual development plan
[] Improvement plans [3 Design review project description [] Photo [] Other:
LI
01840
C-2
R-3
R-1
0
0
0
01800
C-3
Proposed area to be rezoned
Proposed
Area to be~
Rezoned ~,
Applicant: Jack Hanson
Location: 1840 Radford Road
Description: To rezone property
from C-3 GeneralCommercial
District to CS Commercial Service
and Wholesale District.
REZONING STAFF REPORT
Zoning Agenda: June 6, 2001
Property Address:
Property Owner:
Applicant:
1840 Radford Road
James P. Hansen
James P. Hansen
Proposed Land Use:
Existing Land Use:
Adjacent Land Use:
Former Zoning:
Commercial
Vacant
North - Commercial
East- Residential
South - Commercial
West - Commercial
1934-Count; 1975- C-3;
1985 - C-3
Proposed Zoning: CS
Existing Zoning: C-3
Adjacent Zoning: North - C-2
East- R-1
South - C-3
West - C-3
Total Area: Approx. 2 acres
Property History: The subject property is and has been vacant except for an
existing guy line supported communication tower and equipment building near the
tower base.
Physical Characteristics: The L-shaped parcel of land has frontage on Radford Road,
is relatively level, and drains to the east. The subject parcel is approximately two acres
in size.
Concurrence with Comprehensive Plan: The 1995 Comprehensive Plan did not
designate this area because it is within the existing developed portion of the
community.
Impact of Request on:
Utilities: Existing utilities are adequate to serve the subject site.
Traffic Patterns/Counts: Radford Road is designated as a collector street, and
carries approximately 4,000 vehicle trips per day.
Public Services: Existing public services are adequate to serve the site.
Environment: Staff does not anticipate any adverse impact to the environment
provided adequate erosion control is provided during all phases of construction.
REZONING STAFF REPORT
Page 2
Adjacent Properties: The proposed use by the applicant of mini warehousing
would not significantly impact adjacent property; however, some of the allowed
uses in the CS Commercial Services and Wholesale District could generate
negative impacts to adjacent residential property. If the requested rezoning is
approved, storm water detention will be required by the City's Engineering
Department to control storm water run-off from the site.
CIP Investments: None proposed.
Staff Analysis: The applicant is requesting a rezoning from C-3 General Commercial
District to CS Commercial Service and Wholesale District. The applicant has
requested this zoning to allow establishment of a mini warehousing facility on the
subject parcel.
The subject property and adjacent properties along Radford Road have been zoned for
commercial uses for many years. The property to the east began development for
residential housing in the late 80s and early 90s. Attached to this staff report is a copy
of the CS Commercial Service and Wholesale District that includes the list of allowed
uses.
If the requested rezoning is approved, any development of the parcel wilt require
paving of all vehicle use areas, provision of storm water detention, and a minimum of
six foot screening between the commercial use and the adjacent single-family
residential district.
Planning staff recommends that the Zoning Advisory Commission review Section 6-1.1
of the Zoning Ordinance that establishes criteria for the review of rezoning requests.
Prepared by: ~'~t~x*'l Reviewed: ~"~'~
Date:
Planning Services Department
50 West 13th Street
Dubuque, Iowa 520014864
(563) 589-4210 office
(563) 589-4221 fax
plara~ag~cityofdubuque.org
June 13,2001
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque IA 52001
RE: Rezoning
Applicant:
Location:
Description:
Jim Hansen
1840 Rad~rdRoad
To rezone pmpertyfmm C-3 GeneralCommemialDi~rictto CS Commemial
Service andWholesale Di~dct.
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
Russell Neuwohner, representing the applicant, spoke in favor of the request, stating that the
CS District actually has fewer allowed uses and some of which are less intense than those
allowed in the current C-3 zoning. Staff reviewed surrounding zoning and land use and
reviewed permitted uses for the CS District. One person spoke regarding a concem about
additional storm water runoff.
The Zoning Advisory Commission discussed the request, noting that the applicant proposes to
construct a mini warehousing business that would not cause any adverse impacts to adjacent
residential properties. However, the Commission was concerned about several of the permitted
uses in the CS District. The Commission discussed potential conditions to the rezoning.
Recommendation
By a vote of 6 to 0, the Zoning Advisory Commission recommends that the City Council approve
the request, with the following conditions: 1) Security fencing is required around the perimeter
of the mini warehouse operation; 2) screening along the property adjacent to the R-1 Single-
Family Residential Distdct is required, and shall consist of evergreen plantings of sufficient size
to achieve six (6) feet in height and 50 percent opacity within three growing seasons; and 3) the
list of permitted uses for this CS Commercial Service and Wholesale District shall be further
restricted as shown in Exhibit A.
A simple majority vote is needed for the City Council to approve the request.
ERu~____~(Se~_~_~,,,pe ctf u I ly sLjb~itted,
g e ' d, Jr., Chairperson
Zoning Advisory Commission
Attachments
9435-01
JUN 21 Pi'112: Ot
Prepared by: Laura Carstens, City Planner
~AtHY FL, r~N ! HuR~ON
COUNTY RECORDER
DUBUQUE co., FEES..,...^
~AUU
Address: 50 W. 13th St., City Halt Telephone: 589-4210
ORDINANCE NO. 34-01
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF
THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING
HEREINAFTER DESCRIBED PROPERTY LOCATED AT 1840 RADFORD ROAD
FROM C-3 GENERAL COMMERCIAL DISTRICT TO CS COMMERCIAL
SERVICE AND WHOLESALE DISTRICT WITH CONDITIONS.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That Appendix A (the Zoning Ordinance) of the City of Dubuque Code
of Ordinances is hereby amended by reclassifying the hereinafter described property
from C-3 General Commercial District to CS Commercial Service and Wholesale
District, with conditions described in the attached Memorandum of Agreement, to wit:
Lot 4 Northrange Subdivision, and to the centerline line of the adjoining
public right-of-way, all in the City of Dubuque, Iowa.
Section 2. The foregoing amendment has heretofore been reviewed by the
Zoning Advisory Commission of the City of Dubuque, Iowa.
Section 3. This ordinance shall take affect immediately upon publication, as
provided by law.
18th
Passed, approved and adopted this day of June ,2001.
Attest:
· gg ~n~ay. or
MEMORANDUM OF AGREEMENT
Pursuant to the Iowa Code Section 414.5 (1993), and as an express condition of rezoning
of the property described as:
Lot 4 Northrange Subdivision, and to the centerline of the
adjoining public right-of-way, all in the City of Dubuque, Iowa.
which is the subject of Ordinance No. 34 -01, a copy of which is attached hereto
and incorporated herein by reference, the undersigned property owners, agree to the
following conditions, all of which the property owner further agrees are reasonable and are
imposed to satisfy public needs which are caused directly by the rezoning:
A) Performance Standards
1) Security fencing is required around perimeter of mini warehouse operation.
2)
Screening along the property adjacent to the R-1 Single-Family Residential is
required, and shall consist of evergreen plantings of sufficient size to achieve
six (6) feet in height and 50 percent (50%) opacity within three (3) growing
seasons.
3)
The list of permitted uses for this CS Commercial Service and Wholesale
District shall be further restricted as shown in Exhibit A.
B)
Reclassification of the Subject Property. The City of Dubuque, Iowa may initiate
zoning reclassification proceedings to the C-3 General Commercial District (which
rezoning will include the removal of the performance standards in Section A above)
if the property owner fails to complete any of the conditions or provisions of this
Agreement.
c)
Modifications. Any modifications of this Agreement shall be considered a zoning
reclassification and shall be subject to the provisions of the Zoning Ordinance
governing zoning reclassifications. All such modifications must be approved by the
City Council of Dubuque, Iowa.
D)
Recordinq. A copy of this Agreement shall be recorded with the Dubuque County
Recorder as a permanent record of the conditions accepted as part of this rezoning
approval within ten (10) days of the adoption of Ordinance No. 34 -01.
E)
Construction. This Agreement shall be construed and interpreted as though it were
part of Appendix A of the Code of Ordinances of the City of Dubuque, also known
as the Zoning Ordinance of the City of Dubuque, Iowa.
F) This Agreement shall be binding upon the undersigned and his/her heirs, successor
and assignees.
EXHIBIT A
3-3.6 CS Commercial Service and Wholesale District.
(A) Generalpurpose and descripao~ The CS District is intended to provide areas for a variety of
business services, office uses, llmited industrial activity and major wholesale operations. T~e
CS uses are primarily characterized by large storage space requirements, high volume truck
traffic and Iow volume customer traffic. Special emphasis shall be placed on selection of
areas to be granted CS classification. It is intended that the CS District is one that provides a
transitional zone that can bc used between industrial and commercial uses and in cases whe~
topography establishes a transitional area due to physical limlmtious between industrial and
higher density residential development.
(B) Principal permitted use~ The following uses shall be permitted in ~e CS District:
(I) Railroads and public or quasi-public utilities including substations-j47].
(2) General office-II4].
(3) M ic /&nt
(4) Persona/services-II4].
(5) Off-street parking tot-IN/Al.
(6) Furniture/home f?.u'aishlng-[27].
(7) Appliance sales and se~riee-[27].
(8) Furniture upholstery/repair-II
(9) Business services-J29].
(10) Office supply-[ 19].
(1 I) Vending/game machines sales and servme-[19].
(12) Mail-order houses-J23].
(13) Lumberyards/buiIding material sales-[ ! 9].
(14) Construction supplies, sales and service-II 9].
(15) Printing/publishing- [32].
(16) Moving/storage facilities-J33].
(17) Auto service centers CFBA)-[34].
(18) Auto sales/service-J38].
(22) Auto parts/supply-[ I ?].
DU549 CH-01.YXT (2)
(23) Mobile home sales-J40].
(24) Motorcycle sales and service-J41 ].
(25) Boat sa/es ~,,~ service-J40].
(26) Recreationod vek~cles sa/es and service-[38].
(27) Vehicle rental-[47].
(28) Upholstery shop-J42].
(29) Contractor shop/yard-J33].
(30) Wholesale sales/distributor-J29].
(33) Agricultural supply sales-II9].
(34) Processing or assembly-J33].
(35) Tool, die and pattern-making-J33].
(36) Miniwarehousing- [47].
(39) Landscaping sm'vices (not including retail sales as primary use)-[29].
"':__STA--T-,E OF'IOWA
-~ CO~TY OFDUBUQUE
CERTIFICATE OF CITY CLERK
I, Jea'~ne F. Schneider, do hereby certify that I am the duly appointed, qualified,
and acting Clerk of the City of Dubuque, Iowa in the County aforesaid, and as
such Clerk I have in my possession or have access to the records of the
proceedings of the City Council. I do further state that the hereto attached
Ordinance No. 34-01 is a correct copy of the original Ordinance No. 34-01
approved and adopted by the City Council of the City of Dubuque, Iowa, at a
session held by said Council on the 1 8t~ day of June, 2001.
In Testimony Whereof, I hereunto set my hand and official seal of the City of
Dubuque, Iowa.
Dated at Dubuque, Iowa on this 19th day of June, 2001.
ne F. Schneider
City Clerk
City of Dubuque, Iowa