Radford Rd rezoning FriedmanPlanning Services Department
City Hall
50 West 13th Street
Dubuque, Iowa 520014864
(563) 5894210 office
(563) 589-4221 fax
(563) 69O-6678 TDD
planning@cit yofdubuqne.org
October 14, 2002
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque IA 52001
RE: Rezoning
Applicant: Patricia Fdedman/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.
Discussion
The applicant spoke in favor of the request, stating that the propeCoJ has been for sale for many
years and the existing zoning does not have a range of allowed uses sufficient to foster
development of the property.
Staff reviewed the proposal, noting that the proposed list of allowed uses is.a mixture of C-2, CS
and light industrial land uses.
There were no public comments.
The Zoning Advisory Commission discussed the request, and removed several proposed uses
that would not be compatible with adjacent residential properties. The Commission also added
additional screening requirements for outdoor storage to the PUD Ordinance.
Recommendation
By a vote of 5 to 0, the Zoning Advisory Commission recommends that the City Council approve
the request.
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 IntegtSty Responsibility Innovation Teamwork
Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St Telephone: 589-4210
ORDINANCE NO. 86-02
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 reclassificetion, 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:
· Residential uses above the first floor only -[6].
· General offices - [14].
· Medical/office/clinic - [36].
· Dental medical lab - [8].
· Schools of private instruction - [4].
· Barber/beauty shops - [16].
· Retail sales/services - [17].
· Laundry/dry cleaner - [19].
Ordinance No. - 02
Page 2
· Shoe repair - [18].
· Tailoring/alterations - [18].
· Catalog center - [23].
· Laundromat - [22].
· Artist studio - [5];
· Photographic studio - [23].
· Neighborhood shopping center - [17].
· Furniture/home furnishings - [27].
· Appliance sales and service - [27].
· Office supply - [19].
· Vending/game machines sales and service - [19].
· Mail order houses - [23].
· Auto parts/supply - [17].
· Vehicle rental - [47].
· Upholstery shop - [42].
· Contractor shop/yard - [33].
· Wholesale sales/distributor - [29].
· Miniwarehousing - [47].
· Refrigeration equipment and supply, sales and service - [10].
· Landscaping services ~ [29].
· Animal hospital/clinic - [23].
· Personal services - [14].
· Automated gas station - [18].
· Gas station - [18].
· Service station - [21].
· Bakery (wholesale/commercial) - [19].
· Drive-up automated bank teller - [8].
· Self-service carwash - [8].
· Full-service carwash - [8].
· Animal hospital/clinic - [28].
· Fumifure upholstery repair - [18].
· Business services - [29].
· Banks, savings and loans, and credit unions - [31].
· Indoor recreation facilities - [37].
· Printing and publishing - [32].
· Laboratories for research or engineering - [33].
· Group daycare 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 licensed capacity; and seventy-five
(75) square feet of fenced outdoor recreation space is provided
per child using the space at a given time;
Ordinance No. - 02
Page 3
b) The parking group requirements can be met [8];
Such facility shall supply loading and unloading of children so
as not to obstruct public streets or create traffic or safety
hazards;
d) All licenses have been issued or have been applied for awaiting
the outcome of the Boards' decision;
e)
Signage for a single-family home shall be limited to one non-
illuminated, wall mounted sign not to exceed four (4) square
feet in area; and
No group daycare 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.
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 Requlations.
Development of land in the PUD District shall be regulated as follows:
AEbuildings~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 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 District shall be
designed and built to City Engineering specifications.
2) Erosion control shall be provided during all phases of construction.
3)
Parking requirements for allowed uses in the PUD Distdct shall be as
per the parking group for the designated use, in accordance with
Section 4-2 of the Zoning Ordinance.
4) Storm water detention facilities will be provided as per City Engineering
requirements.
Ordinance No. - 02
Page 4
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.
8)
Outdoor storage must be screened to a height that obscures the stored
material from adjacent residential property, but in no case shall
screening be less than six (6) feet in height.
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.
Si,qn Re.qulations.
Signs in the PUD District shall be regulated as follows:
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 Proper[y.
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 5
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 21 s~c day of 0c~.ober 2002.
ATTEST:
Terrance M. Duggan,
Mayor
Jeanne F. Schneider, City Clerk
ACCEPTANCE OF ORDINANCE NO.
- 02
We, Floyd Kunkel and Robert Smith, representing Radford Road
Development, and I, Mark Quade, representing E.M. Quade Company., L.L.C., property
owners, 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.
By
Floyd Kunkel
By
Robert Smith
By
Mark Quade
Qb/of Dubuque
Planning Services Department
Dubuque, IA 52001-4864
Phone: 563-589-4210
Fax: 563-589-422t
PLANNING APPLICATION FORM
[] Variance
[] Conditional Use Permit
[] Appeal
[] Special Exception
[] limited Setback Waiver
[] Rezoning
~ Planned District
[] Pretiminat7 Plat
[] Minor Final Plat
[] Text Amendment
[] Simple S~te Plan
[] Minor Site Plan
[] Major Site Plan
[] Major Final Plat
[] Simple Subdivision
[] Annexation
g Tempora~ Use Permit
[] Cer~ficate of ~'onomic Non-~iabiifty
D Certificate of Appropriateness
[] Other:
Please type or print leaiblv in ink
Property owner(s): Padfnrd PnRr~
Phone:
Address: City:
State: Zip:
Fax Number:
Nobile/Cellular Number:
Applicant/Agent: Patricia FriPdman/Floyd KunkP1/J~ohPri: Smith Phone:
Address: 3435 Asbury Rd.
Cib/: r~uhumm State: TA Zip:
Fax Number: 563-5R3-7609
Mobile/Cellular Number; 563-~9~-?~177
Site IocaUon/address: Radford Road
Existing zoning: C-2 Proposed zoning: PC Histodc Dis~ct: NA Landmark: NA
Legal DescrilYdon (Sidwetl p~rcel ID# or lot number/block number/subdivision):.
Lot D, Blk 11, Sunny Slope
Total property (lot) area (square feet or acres): 6 acres
Describe proposal and meson necessary (attach a letter of ex~ana§on, if needed): see attached
CERTIFICATION: I/we, the undersigned, do bereby cerDfy that:
1. The information subm'~ed 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 gua~ntee approval; and
3. All additional required vvdtten and g~phic materials are attached.
Applicant/Agent: Date:
FOR OFF/CE USE ONLY- APPI_TCATZON SUBMz i ~ AL CHECKI./ST
Fee: ~l~ Received by: .~///t~l.--- Date:
D Site/sketch plan [] Conceptt~l Development Plan []Photo [] Plat
[] Improvement plans ~ Design review project description [] Floor plan [] Other:
RE: Radford Road Planned District Application
Lots are unsaleable for area. Owners need more permitted uses for the
property in order to sell the land.
August 27, 2002
CITY OF DUBUQUE
AUG 2 8 2002
13379 Swiss Valley Road
Peosta, IA 52068
Mr. Kyle Kritz
Planning Services
City Hall
50 West 13th St.
Dubuque, IA 52001
Dear Mr. Kritz,
I am requesting on behalf of the owners Gene Sullivan and The EM Quade Co. LLC that
our property legally described as Lot 4, Block 11, Surmyslope Estates City of Dubuque,
Iowa be included in the plans for rezoaing scheduled to be heard at the zoulng meeting on
September 4, 2002. We would like our property to be rezoned from C-2 to P.C. planned
commercial district.
I have spoken with the original applicants, Radford Road Development. They have no
objections to our property being included in the rezoulng plans and will be sending you a
letter of confn'mation.
If you have any questions, you can contact me at 556-0456 or 583-2039. You may also
contact my sister, Karen Freiburger at 557-8669.
Sincerely,
Mark Quade
Manager
EM Quade Co. LLC
Proposed Area to be Rezoned
Applicant: Patricia Friedman/
Radford Road Development
Location: Radford Road
Description: To rezone property from C-2
Neighborhood Shopping Center District
to PC Planned Commercial District.
PLANNED DISTRICT STAFF REPORT Zoning Agenda: September 4. 2002
Project Name:Radford Road Development
Property Address:Radford Road
Property Owner:Radford Road Development
Applicant:Patricia 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
Flood Plain: 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 commemial 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 DISTRICT 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 commemial 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.
ClP 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 DISTRICT 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 district 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: N/A
Date: 8/28/02
CONCEPTUAL PLAN
Final Plat of Lot 4 and
Lot D, Block 11 of Sunnyslope Estates
DU~:4.9 CH-01 .TXT (!)
3-3.2. C-2 Neighborhood Shopping Center District:
(A) Generat -p~rpose And Dexcri_ption: The C-2 DisL~ict is intended to prov/de small comrnercial
centers serving small clust~rs ofneig_hborhoods. The C-2 District w/il be carefully placed
em*are that t~he size of fire commercial center, ~rre nature of uses permitted and the Iocational
cb. aracrefistScs are such that the grouping of such uses will not adversely affect surrounding'
residences a~nd do not detract from fire resident/al purpose and character o£the surrounding
neighborhoods. The C-2 D/strict shall be located in neighborhoods where parking and traffic
car, be adequately handled, and fire square footage, hours o£ operation and intensity o£uses
are compatible Mfir the neighborhoods.
(B)-princi~a! .Permitted Uses: The following uses shall be permitted in the C-2 District:
(1) RaSlroads and public or quasi-public utilities including substations-J47].
(2) Residential uses above tee first floor
(3) Schools o£pr/vate i~truction-[4].
(4) General offces-[14].
(5) Personal serv'ices-[14].
(6) Barber/beamy shops-[ 1
(7) Gas station-II 8].
(8) Retail sates/service-Il7].
(9) Laundry/dry cleaner-II 9].
(10) Shoe repair-II 8].
(1 t).Automated gas station-II 8].
(I2) L'adoor restaurant-[20].
( 13 ) Tailorinb/alterations- [ 18].
(I4) Furrdturedhome furnSs,hSngs-[27].
(t 5) Appliance sales/service-j27].
(16) Catalog center-j23].
(17) Laun&omat-[22].
(18) Furrfirare uphols~ery/repair-[18].
(19) Arfis~ studio-J5].
(20) PhotograpMc stud/o-j23].
(21) Neighbo£nood shopping center-[ 17].
(22) Dental'medical lab-[8].
DU$49 CH-01 .TXT (2)
~2~) Business se.w~ces-[2~]
(C) Accessory Uses: Th.e followkng uses shall be penni~ed as accesso~ uses as provided in
Section 4 of'his Ordinance:
(1) .Amy use customm-ily incidental and subordinate m the principal use it serves.
(D] Co~diriona! Uses: The following conditional uses are pertained in the C-2 Distr/ct, subject
the provisions of Section 5 of this Ordinance and are the minimum requirements for
application to +.he Board of Adjusnnem for a conditional use permk:
(1) Medical offices, provided that:
(a) The parking group reqniremems can be met-j36].
(2) Drive-in/carry-our restaurant, provided that:
(a) Opaque screening shall be provided for adjacent residential uses as required under
site olan review provisions of Section 4-4 ofth/s Ordinance; and
(b) 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 team;
Co) Opaque screemng shall be provided for adjacent residential uses in conformance w/th
the site plan review provisions of Sect/on 4-4 of ~is Ordinance; and
(c) The parking-group reqniremenis can be met-J8].
(4) Self-service carwash, provided that:
(a) A minimum of three (3) stacking spaces per bay be provided; and
(b) Ingress, egress traffic flow shall be acceptable to the City site plan review ream; and
(c) Opaque screening shall be provided for adjacem residential uses in conformance w/th
the site plan review provisions of Section 4-4 of tiffs Ordinance; and
(d) The parking group requirements can be met-j8].
(5) Animal hospital/clinic, provided that:
(a) Ali operations and act/¼fies shall be conducted and maintained udthin a completely
enclosed building; and
(b) The parking group requirements can be met-j23].
(6) Banks, savings and loans, and credit unions, provided tha~:
(a) The parking group requirements can be met-j31].
(7) Group day care comer provided that:
(a) Forty (40) square feet of indoor floo~ area (excluding h~ls and ba*dmrooms) is provided
per child in areas occupied by cribs, thirty five (35) square feet of indoor area (excluding
halls and bathrooms) is provided per ch/ld in areas not occupied by cribs times the
DU549 CH-01 .TXT (3)
licensed capacity; and seventy five (?2) square feet of fenced outdoor recreation space
provided per c?Jld using the space at a given
(b) Thc par~ing group req ~uiremcnts canbc met [8];
(c) Such facility shall supply loading and unloading of children so as not to obstruct
public su-eets or create traffic or safev hazards;
(d) Ail licenses have been issued Or have been applied for awaiting the outcome of the
Board's decision;
(e) Signage for a single-family home shall be limited to one nonilIuminated,
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 sh-ucture as any gas station,
bar/tavern, automated gas station or any facility selling, servicing, repahing or renting
vehicles.
(E) 2"em, dor~zF (Yscs: 'Fne following uses shall be permitted :emporary uses in the C-2 Disndct:
(I) Building or trailer for storage of materials and/or equipment necessary for construction
authorized by a valid building permit, 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 ora limited duration as established in
Section 2-5.3 and as defined in Section 8 of this Or ~dinancm
(F) Bulk Regulations:
Front yard setback: 10 feet (20 feet for garages fac~g street)
Side yard setback: 0 feet*
Rear yard setback: 0 percent tot depth*
Building height: 40 feet
*Except where abutting a residential or office residential district, then six-foot side yard and
twenW (20) percent lot depth rear yard setbacks requized.
(O)?arking requiremems. See Section 4-2 of this Ordinance.
(H)Signs. see Section 4-3 of this Ordinance.
September 7, 2002
Dubuque City Council
City Hall
13th & Central
Dubuque, IA 52001
RE: Public Hearing September 16, 2002
RE2ONING 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