Zoning Radford Rd - P. FriedmanPlanning Services Depari~nent
C~ty H~
50 West 13th Street
Dubuque, Iowa 520014864
(563) 589~210 office
(563) 589~221 fax
(563) 6906678 TDD
plgr0aing@ci~ofdubuque.org
September 10, 2002
The Honorable Mayorand Ci~ Council Membere
City of Dubuque
City Hall- 50W. 13~ Stre~
Dubuque IA 52001
RE: Rezoning
Applicant: Patdcia Friedman/Radford Road Development
Location: Radford Road
Description: To rezone property from C-2 Neighborhood Shopping Center District to PC
Planned Commercial District
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.
~USsion
The applicant spoke in favor of the request.
Staff reviewed the proposal discussing permitted uses, adjacent land use and the conceptual
development plan.
There was one public comment in support of the request.
The Zoning Advisory Commission discussed the request, noting that some of the proposed uses
were not appropriate next to residential development.
Recommendation
By a vote of 6 to 0, the Zoning Advisory Commission recommends that the City Council approve
the request with the conditions that (1) indoor restaurant, drive-in/carry-out restaurant, outdoor
recreation facilities, auto sales/service, motorcycle sales and service, lumber yards/building
material sales, warehousing and storage facilities, and laboratories for research and
engineering be eliminated from the list of permitted uses, and (2) that screening be placed along
the residential district boundary.
A simple majority vote is needed for the City Council to approve the request.
Respectfully submitted,
Eugene Bird, Jr., Chairperson
Zoning Advisory Commission
Attachments
Service People in~eg~ty Responsibility Im}ovat~on Teamwork
Prepared by: laura Caratens, City Planner Address: City Hall, 50.W. 13th St Telephone: 589-4210
ORDINANCE NO. -02
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF
THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING
HEREINAFTER DESCRIBED PROPERTY LOCATED ON RADFORD ROAD
FROM C-2 NEIGHBORHOOD SHOPPING CENTER DISTRICT TO PUD
PLANNED UNIT DEVELOPMENT DISTRICT WITH A PC PLANNED
COMMERCIAL DISTRICT DESIGNATION.
NOW, THEREFORE, BE IT ORDAINED BY THE 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
C-2 Neighborhood Shopping Center District to PUD Planned Unit Development District
with a PC Planned Commercial District designation, to wit:
· Lot 4 and Lot D, Block 11 Sunny Slope Estates and to the centerline of the
adjoining public right-of-way, all in the City of Dubuque, Iowa.
Section 2.' Pursuant to Iowa Code Section 414.5 (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:
1) Principal permitted uses of the lots designated for commercial
development shall be limited to:
· General offices--[4].
· Medical office/clinic--J36].
· Dental/medical lab--[8].
· Personal services--[14].
· Barber/beauty shops--[16].
· Gas station--II8].
· Retail sales/service-II7].
· Laundry/dry cleaner--II9].
Ordinance No. - 02
Page 2
C=
· Bakery (wholesale/commercial)-[19].
· Automated gas station--[18].
· Furniture/home furnishing-[27].
· Appliance sales/service--J27].
· Catalog center-[23].
· Drive-up automated bank teller--[8].
· Self-service carwash--[8].
· Neighborhood shopping center--II7].
· Business services--[29].
· Banks/savings and loans, and credit unions--[31].
· Indoor amusement center--J37].
· Indoor recreation facilities--[37].
· Mail-order houses--J23].
· Printing/publishing-[32].
· Full-service carwash--[8].
· Local shopping center--II7].
· Vending/game machine sales and service--[19].
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 Re,qulations.
Development of land in the PUD District shall be regulated as follows:
1)
All buildings and structures located on lots designated for commercial
development shall meet bulk regulations set forth in the Zoning
Ordinance for the C-2 Neighborhood Shopping Center, Section 3-
3.2(F).
Performance Standards.
The development and maintenance of uses in this PUD Distdct 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 District shall be
designed and built to City Engineering specifications.
2) Erosion control shall be provided dudng all phases of construction.
3)
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.
Ordinance No. - 02
Page 3
G~
4) Storm water detention facilities will be provided as per City Engineering
requirements.
5)
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 72-degree angle to a vertical light standard.
6)
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.
7) Screening shall be placed along the boundary of the residential district
as per City standards.
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 development shall
be maintained as open space, as defined by Section 8 of the Zoning
Ordinance, by the property owners and/or association.
SiRn Re.qulafions.
Signs in the PUD District shall be regulated as follows:
1) Signage shall be regulated by the C-2 Neighborhood Shopping Center
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 Distdct 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.
Reclassification of Subiect Property.
The City of Dubuque, Iowa, may initiate zoning reclassification proceedings
to the C-2 Neighborhood Shopping 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.
Ordinance No. - 02
Page 4
Recordin,q.
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 publication, as
provided by law.
Passed, approved and adopted this day of
2002.
ATTEST:
Terrance M. Duggan, Mayor
Mary A. Davis, City Clerk
ACCEPTANCE OF ORDINANCE NO.
- 02
We, Floyd Kunkel and Robert Smith, representing Radford Road
Development, property owner, having read the terms and conditions of the foregoing
Ordinance No. - 02 and being familiar with the conditions thereof, hereby accept
the same and agree to the conditions required therein.
Dated this day of 2002.
Floyd Kunkel
By
Robert Smith
Qty of Dubuque
Planning Services Department
Dubuque, IA 52001-4864
Phone: 563-589-4210
Fax: 563-589-4221
PLANNI'NG APPI.~CATTON FORM
~ Vadance
[] Conditional Use Permit
U Appeal
Q Spedal Exception
[] Umited Setback Waiver
[] Rezoning
~ Planned District
[] Preliminary Plat
[] Minor Final Plat
[] Text Amendment
~ Simple Site Plan
~ Minor Site Plan
[] Major Site Plan
[] Major Final Plat
D Simple Subdivision
U Annexation
D Temporary Use Permit
[] CeKdfmate of Economic Non-Viability
[] Certificate of Appropriateness
U Other:
Please type or print leqibly in ink
Probertyowner(s): Radfnrd ~nnd l~vplnnmmnf
Phone:
Address: Qty:
State: Zip:
Fax Number:
Mobile/Cellular Number:
Applicant/Agent: Patr~c~a Fr~dman/F]oyd 14Hnk~l/Rob~rt gm,th Phone:
Address: 3435 Asbury Rd.
City: I~uhuqu~ State: TA Zip:
Fax Number: 563-583-7609
Mobile/Cellular Number: .ER3-F;gf}-?~/77
Site IocaUon/address: Radferd Road
Existing zoning: C-2 Proposed zoning: PC Histodc District: NA Landmark: NA
Legal Descripl~on (Sidwell parcel ID# or lot number/block number/subdivision):_
Lot D, Blk 11, Sunny Slope
Total pmparty (lot) area (square feet or acres): 6 acres
Describe proposal and reason necessary (attach a letter of explana~don, if needed): see attached
CERTiFICATiON: I/we, the undersigned, do hereby certify that: ~
1. The information submitted herein is true and correct to the best of my/our knowledge and upon
submittal becomes public record;
2. Fees are not refundable and payment does not guarantee approval; and
3. All additional required written and graphic materials are attached.
Property Owner(s):
Applicant/Agent:
FOR OFF~CE USE ONLY - APPLZCATZON SUBf4A ~ i AL CHECKLIST
Fee: ~ Recoivedby: ~-//~l---~ Date:
[] Site/sketch plan [] Conceptual Development Plan []Photo [] Plat
[] Improvement plans [] Design review project descripUon u Floor plan rq Other:
RE: Radford Road Planned District Application
Lots are unsalea~le for area. Owners need more'~permitted uses for the
property in order to sell the land.
Proposed Area to be Rezoned
Applicant: Patricia Friedman/
Radford Road Development
Location: Radford Road
Description: To rezone property from C-2
Neighborhood Shopping Center Distdct
to PC Planned Commemial District.
PLANNED DISTRICT STAFF REPORT Zoning Agenda: September 4, 2002
Project Name:
Property Address:
Property Owner.
Applicant:
Radford Road Development
Radford Road
Radford Road Development
Patdcia Friedman/Floyd Kunkel/Robert Smith
Proposed Land Use: Commercial
Proposed Zoning: PC
Existing Land Use: Vacant
Existing Zoning: C-2
Adjacent Land Use:
North - Multi-family residential Adjacent Zoning: North - R-4
East - Multi-family/single-family residential East - R-3
South - Commercial South - C-2
West - Residential West - AG/R-1
FloodPlain: N/A
Total Area: 6 acres
Water:
Yes Existing Street Access: Yes
Storm Sewer: Yes
Sanitary Sewer: Yes
Previous Planned District: None
Purpose: The requested rezoning to PUD with a planned commercial designation is to
allow for a wider range of commercial uses than presently allowed under the C-2
zoning.
Property History: The parcel was previously used for agricultural purposes until its
zoning and development as part of Sunny Slope Estates beginning in 1991.
Physical Characteristics: The subject parcel has frontage along Radford Road and
abuts existing multi-family and single-family development in Sunny Slope Estates.
Conformance with Comprehensive Plan: The 1995 Comprehensive Plan did not
designate a land use for this area.
Staff Analysis:
Streets: Radford Road is designated as a collector street and based on 1997
IDOT counts, carries approximately 3,700 vehicle trips per day.
PLANNED D*rSTR/CT STAFF REPORT Page 2
Sidewalks: There are no sidewalks along Radford Road within the City of
Dubuque.
Parking: New businesses located within the proposed planned commercial distdct
would be required to meet the parking requirements of the City of Dubuque Zoning
Ordinance.
Lighting: Any new outdoor lighting will be required to utilize cut-off luminaries to
mitigate adverse impacts to adjacent residential property.
Signage: Signage will be regulated as stipulated by the C-2 Neighborhood
Commercial District.
Bulk Regulations: Setbacks for new businesses within this district will be regulated
the same as in the C-2 Neighborhood Commercial District.
Permeable Area (%) & Location (Open Space): Each lot that will be developed will
be required to have a minimum of 20% green space,
Landscaping/Screening: None proposed.
Phasing of development: None proposed.
Impact of Request on:
Utilities: Existing City utilities are adequate to serve the proposed development.
Traffic Patterns/Counts: Radford Road is designated as a collector street and
carries approximately 3,700 vehicle trips per day.
Public Services: Existing public services are adequate to serve the site.
Environment: Staff does not anticipate any adverse impacts to the environment
provided appropriate erosion control is provided during all phases of construction
and that storm water control is provided as per City requirements.
Adjacent Properties: Development of this property will increase the ambient noise
and light level to surrounding properties.
CIP Investments: None proposed.
Staff Analysis: The requested rezoning from C-2 Neighborhood Shopping District to
Planned Unit Development with a PC Planned Commercial designation is being
requested primarily to provide a wider range of permitted uses under the Planned
PLANNED DISTR~CT STAFF REPORT Page 3
Commercial designation. The subject property is located along Radford Road north of
Radford Court and was originally zoned in 1991 as C-2 Neighborhood Shopping
District as part of the Sunny Slope Estates subdivision. This parcel has been marketed
as a C-2 parcel since August 1991.
The proposed planned commercial distdct principally will differ from the existing C~2
zoning in that the list of permitted uses will encompass a greater number of land uses.
The applicant developed the proposed list of permitted uses based on both their
experience in trying to market the property over the last 10 years and keeping in mind
that the subject parcel does abut residential development to the east. The attached
PUD ordinance contains the list of proposed permitted uses for the subject planned
commercial district. As a comparison, the C-2 district permitted uses are attached to
this staff report.
Existing utilities and street capacity are sufficient to serve the site. The applicants are
planning for an additional access off Radford Road with a cul-de-sac street dedicated
to the public to serve the lots within the development.
Staff recommends that the Zoning Advisory Commission review the standards for
granting approval of a Planned Unit Development contained in Section 3-5.5(F).
Prepared by: ~/~:~--- Reviewed:
CONCEPTUAL PLAN
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PREPARED BY: BUESINO & ASSOCIATES, ID!2 LOCUST ST, DUBUQUE, IA 52001, PM: 319-558-4389
FINAL PI,AT OF LOT 4 AND
LOT D, BLOCK 11 OF SUNNYSLOPE ESTATES
BEING A DIVISION OF LOT C, BLOCK tl OF
~,SUNNYSLDPE ESTATES IN THE CiTY OF DUBUQUE~ TOWA
?',~! J / ' , e., - -
[04.43'cI04.43'~ II ~ ~ I 4 ~ SURVEYED PROPERTY LINE
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= ~= u r ESTATES ~ ~ ao_>~
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I SUNNYSLDPE ~STAT[S SURVEY REQUESTED BY: ERNEST QUAOE
~ LAND ~,///&I PREPARED AND THE RELATED SURVEY WORK WAS PERFORMED 8Y ME OR BUESING & ASSOCIATES
~ ~. ..... ,.~-% LINDER HY DIREGT PE~SDNAL SUPERVISIDN AND THAT I AM A DULY CONSULTING ENGINEERS
DU54g CH-O J .TXT (I)
3-3.2. C-2 Neighborhood Shopping Center District:
(A) General Purpose And Description: The C-2 District is intended to provide small commercial
centers servSng small clusters of neighborhoods. The C-2 District wilt be carefully placed to
ensure that the size of the commercial center, the nature of uses permitted and the locarional
characteristics are such that the grouping of such uses will not adversely affect surrounding
residences and do not detract from the residential purpose and character of the surrounding
neighborhoods. The C-2 District shall be located in neighborhoods where parking and traffic
can be adequately bandied, and the square footage, hours of operation and intensity of uses
are compatible w/th the neighborhoods.
(13) Principal Permitted Uses: The following uses shall be permitted in the C-2 District:
(I) Railroads and public or quasi-public utilities including substations-J47].
(2) Residential uses above the first floor only-J6].
(3) Schools o£private instruction-J4].
(4) General offices- [ 14].
(5) Personal services-[ t 4].
(6) Barber/beauty shops-Ii6].
(7) Gas station-II 8].
(8) Retail sales/service-J17].
(9) Laundry/dry cleaner-[ 19].
(10) Shoe repair-II8].
(I 1) Automated gas station-[l 8].
(12) Indoor restaurant-[20].
(13) Tallorin~alterafions- [ 18].
(14) Furniture/home furnishings-J27].
(15) Appliance sales/service-j27].
(16) Catalog cantero[23].
(17) Laundromat-J22].
(18) Furniture upholstery/repair-[ 18].
(19) Artist studio-J5].
(20) Photographic studio-[23].
(21 ) Neighborhood shopping center-[ 17].
(22) Dental/medical tab-J8].
DU54g CH-Od .TXT (2)
(23) Business services-j29]
(C) Accessory Uses: The follo'*'ing uses shah be pertained as accessory uses as provided La
Section 4 of nhis Ordinance:
(1) 'Amy use customaHiy incidental and subordinate to the principal use it serves.
(D) Conditional Uses: The following conditional uses are permitted in the C-2 District, subject To
the provisions of Section 5 of this Ordinance and are the minimum requirements for
application to the Board of Adjustment for a conditional use permit:
(i) Medical offices, provided that:
(a) The parking group requirements can be met-[36].
(2) Drive-ir~carry-our restaurant, provided that:
(a) Opaque screeuing shall be provided for adjacent residential uses as required under the
sire plan review provisions of Section 4-4 of this Ordinance; and
CO) The parking group requirements can be met-[28].
(3) Drive-up automated teller, provided that:
(a) Ingress, egress and traffic flow shall be acceptable to the City site plan review ream;
CO) Opaque screening shall be provided for adjacent residential uses in conformance with
the site plan review provisions of Section 44 of this Ordinance; and
(c) The parking group requirements can be met-J8].
(4) Self-service carwash, provided that:
(a) A minimum of three (3) stacking spaces per bay be provided; and
Co) Ingress, egress traffic flow shall be acceptable to the City site plan review team; and
(c) Opaque screening shall be provided for adjacent residential uses in conformance witk
the site plan review provisions of Section 44 of this Ordinance; and
(d) The parking group requirements can be met-J8].
(5) Animal hospital/clinic, provided that:
(a) Al1 operations and activities shall be conducted and maintained within a completely ·
enclosed building; and
Co) The parking group requirements can be met-[23].
(6) Banks, savings and loans, and credit unions, provided that:
(a) The parking group requirements can be met-[31].
(7) Group day care center provided that:
(a) Forty' (40) square feet of Indoor floor area (excluding halls and bathrooms) is provided
per child In areas occupied by cribs, thirty five (35) square feet of indoor area (excluding
halls and bathrooms) is provided per child In areas not occupied by cribs times the
DU549 CH-01 .TXT (3)
licensed capacity; and seventy five (75) square feet of fenced outdoor recreation space
provided per child using the space at a given time;
(b) The park/ng ~oup requ/rements can be met [8];
(c) Such facility shall supply loading and unloading of children so as not to obstruct
public streets or create traffic or safety hazards;
(d) Ali li.censes have been issued Or have been ar>plied for awaiting the outcome of the
Board's decision;
(e) Signage for a single-family home shall be limited to one nonilluminated,
wall-mounted sign not to exceed four (4) square feet in area; and
(f) No group day care center may be located within the same structure as any gas station,
bar/tavern, automated gas station or any facility selling, servicing, repairing or renting
vehicles.
(E) Temporary Uses: The following uses shall be permitted temporary uses in the C-2 District:
(1) Building or trailer for storage of materials and/or equipment necessary for construction
authorized by a valid building permk, provided the location of the building or trailer has been
approved by the Building Official.
(2) Any use listed as a permitted use within the district of a limited duration as established in
Section 2-5.3 and as defined in Section 8 of this Ordinance.
(F) Bulk Regulations:
Front yard setback: 10 feet (20 feet for garages facing street)
Side yard setback: 0 feet*
Rear yard setback: 0 percent lot depth*
Building height: 40 feet
*Except where abutting a residential or office residential district, then sLx-foot side yard and
twenty (20) percent lot depth rear yard setbacks required.
(G)Parking requirements. See Section 4-2 of this Ordinance.
CH)Signs. See Section 4-3 of this Ordinance.
September 7, 2002
Dubuque City Council
City Hall
13~ & Central
Dubuque, IA 52001
RE: Public Hearing September 16, 2002
Rt~7~ONING REQUEST ON PROPERTY ON RADFORD RD
FROM C-2 TO PC PLANNED COMMERCIAL DISTRICT.
Dear Mayor and Council members:
Whatever zoning you establish on the above captioned property we request sidewalks be
built on Radford Road.
Yes, neighbors do walk on Radford Road and Pennsylvania Avenue. And more would
walk there if there were sidewalks.
Walking in the weeds is very difficult, and walking in the roadway is dangerous.
Developing this parcel will increase vehicle traffic. Please consider the pedestrians.
Thank you for your concerns.
Sincerely,
Mary Janice Giesler
2310 High Cloud Dr.
Dubuque, IA 52002