Zoning Schueller, S Radford RdCity Hail
(563) 5894210 office
(563) 5894221 fax
(563) 690-6678 TDD
planning@cityo fdubaque.or g
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque IA 52001
RE: Rezoning
Applicant: Steve Schueller
Location: 1700 Block of Radford Road
Description:
January 12,2004
To rezone property from AG Agricultural District to C-3 General 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, noting that he intends to start an auto repair
and sales business. As part of that business, he would repair and sell vehicles with a
salvage title. Mr. Schueller indicted he would be willing to store any vehicles with a
salvage title indoors.
Staff reviewed surrounding zoning and land use.
There were no public comments.
The Zoning Advisory Commission discussed the request, noting that provided any
vehicles with a salvage title are stored in a building, that the requested C-3 zoning is
consistent with adjacent land use and zoning.
Recommendation
By a vote of 6 to 0, the Zoning Advisory Commission recommends that the City Council
approve the request, subject to the following condition:
(1) That any vehicle with a salvage title be stored in a building.
A simple majority vote is needed for the City Council to approve the request.
Respectfully s~bmitte..d,
Zoning Advisory Commission
Service People Integrity- Responsibility Irmovaffon Teamwork
[] Variance
I-'iConditiona! Use Permit
[--tAppeal
E]Spedal Exception
E]UmJted Setback Waiver
PLANNZNG APPLTCATTON FORJq
[~n~ng
[]Planned Distdct
i-[Preliminary Plat
[]Nlinor Final Plat
[-iText Amendment
nSimple Site Plan
nHinor Site Plan
[] Ha~or Site Plan
[] Hajor Final Plat
I-'lSimple ~Jbdivision
Oty of Dubuque
Planning Services Depa~br~nt
Dubuque, ~ 52001~864
Phone: 563-589-4210
Fax: 563-589-4221
[-]AnnexaUon
i--]Temporary Use Permit
[]Certificate of Economic Non-Viability
[_-]CertJficate of Appropriateness
Please ['v~e or orint legibly in ink
Property owner{s): ~T~._~ S ~,..x~, ~ (~.Jy-
Phone:
Zip:
Fax Number: Mobile/Cellular Number: ~'~'~ ~
Applicant/Agent: ~<:::~)~' c~- /~2¢~ ~ Phone:
Address: ~ aw: ..... state: "= Zip:
Fax Number:
Mobile/Cellular Number:
Site location/address:
Lega! Description (sidwell parcel ID# or lot number/block number/subdivision):
Total property (lot) area (square feet or acres): /
Describe proposal and reason necessary (attach a letter of explana~[~n/.if needed): ,
CER-i-[~CA~ON: T/we, the undersigned, do hereby certify that:
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 addiUonal require~d-~tten and graphic r~tefials am atJ;ached.
Applicant/Agent:
Date:
FOR OFFZCE USE ONLY - APPLZCATZON SUBMTrrAL CHECKI TST
Fee:-~2-o0 Received by: ~--"-~-~ Date: Docket:
t--~site/sketch plan [] Conceptual Development Plan i-[Photo []Plat
[]Improvement plans [-'~Design review project description []Floor plan []Other:
PENNSYLVANIA AVE
N
Vicinity Map
Applicant: Steve Schueller
Location: 1700 Block of
Radford Road
Description: To rezone property
from AG Agricultural District to C-;
General Commercial District.
HI Heavy Industrial District to a
Ilow vehicle repair/sales/salvage.
Proposed Area to be Rezoned
REZONING STAFF REPORT i Zoning Agenda: December 3, 2003
Property Address:
Property Owner:
Applicant:
1700 Block of Radford Road
Steve Schueller
Steve Schueller
Proposed Land Use: Industrial/Commercial
Proposed Zoning: C-3
Existing Land Use:
Adjacent Land Use:
Vacant/Storage
North - Commemial/Industrial
East - Commercial
South - Commemial
West- Commercial/Industrial
Existing Zoning: AG
Adjacent Zoning: North - LI
East- C-3
South - C-3
West - C-3/LI
Former Zoning:
1934 - County AG
1975 - AG
1985 - AG
Total Area: Approx. 1 acre
Property History: The property was annexed in 1979 an~l has been used for storage
accessory to the agricultural use or vacant. It appears that the storage building may also
have been used for commercial activity that is not permitted m an agricultural district.
Subsequently, the surrounding property was rezoned to ILl Light Industrial and C-3 General
Commercial; however, the property owner of the subject~ parcel protested the rezoning of
their property and it remained AG Agricultural.
Physical Characteristics: The subject parcel is a relatively level lot that is approximately 300
feet deep with 150 feet of frontage along Radford Road./ The property slopes from its high
point on the western lot line to the Iow point along Radford Road. Currently, it appears that
access is taken from shared driveways from the property both north and south of the subject
lot. There is an existing 6,400 square foot steel storage building on the western portion of
the property and a couple of smaller accessory storage buildings on the southeast portion of
the lot.
Concurrence with Comprehensive Plan: The Comprehensive Plan recommends that this
property be developed for commercial purposes. The L~nd Use and Urban Design element
of the Comprehensive Plan encourages the creation of ~)pportunities for convenient and
concentrated commercial development to support both ~he local and regional market, and
redevelopment opportunities within the City, in an effortt revitalize unused or underused
property. The Economic Development element of the C )mprehensive Plan encourages
retention and expansion of existing local businesses in n effort to strengthen the local tax
base.
Impact of Request on:
Rezoning Staff Report-1700 Block of Radford Road Page 2
Utilities: Existing utilities are adequate to serve the site, however, development of the
site may require paving and storm water conveyance.
Traffic Patterns/Counts: The 2001 annual average
indicate 2,230 vehicle trips along Middle Road just~
vehicle trips along Radford Road just north of the s,
trips along Pennsylvania Avenue at its intersection'
the subject property.
Public Services: Existing public services are adeq~
Environment: Staff does not anticipate any advers(
adequate erosion control and storm water control
development and that all stored materials on site a[
Adjacent Properties: The surrounding properties a~
nature. The addition of general commercial uses a
impact on the use or value of the adjacent commer,
CIP Investments: None proposed.
Staff Analysis: The applicant is proposing to rezone af
daily traffic counts provided by IDOT
;outh of the subject property, 3,380
~bject property, and 12,700 vehicle
vith the Northwest Arterial east of
ate to serve the site.
impact to the environment provided
provided during all phases of
9 screened.
e generally commercial/industrial in
this location should have little
;iai properties.
, approximately one-acre parcel
along Radford Road from existing AG Agricultural distric, t to C-3 General Commercial zoning
district. The applicant's intention is to open an auto sal~s dealership/auto repair shop with
auto rebuilding and sale of vehicles with salvage titiles. I
' ' It I t I t 1979 a dh m ed
The property has peen zoneo agricu ura since i s anneF~a ion in , n as re ain
either agricultural in nature or vacant. There has been some encroachment on this property
of illegal commercial uses. The property is surrounded ~3y primarily commercial and
industrial uses, including BFI's recycling operation, a greenhouse, auto sales area, auto
glass and ambulance facility.
There is currently an approximately 6,000 square foot st 9el building at the west end of the
property and two smaller accessory buildings at the sou heast corner of the subject property.
There appears to be no direct access into the property, but the property is accessed from
both the adjacent properties to the north and south. Dr~
property to Radford Road. Redevelopment of this prop
requirements for paving, screening and storm water cot
Staff recommends that the Commission review the crite~
rezoning as outlined in Section 6-1.1 of the City Zoning.
Prepared by: ~')'-~f~'J~'~V~/.~,-/Reviewed:, ~'
inage flows from the west side of the
.~rty will have to comply with site plan
~eyance.
ia established for granting a
;)rdinance.
Prepared by: Laura Carstens, City Planner Address: 50 W. 13th Street Telephone: 563-589-4210
ORDINANCE NO. 4-04
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE
CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED AT 1700 BLOCK OF RADFORD ROAD FROM
AG AGRICULTURAL DISTRICT TO C-3 GENERAL COMMERCIAL 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 AG Agricultural District to C-3 General Commercial District, with
conditions, to wit:
Lot 2 of Lot 2 - balance of balance of Lot 1 Block II North Range Industrial
Park, and to the centedine 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 effect immediately upon publication, as
provided by law.
Passed, approved and adopted this 19th day of ~]anuary
2004.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
MEMORANDUM OF AGREEMENT
Pursuant to the Iowa Code Section 414.5 (2001), and as an express condition of
rezoning of the property shown in Exhibit A and to the centerline of the adjoining public
right-of-way, all in the City of Dubuque, Iowa; and
Which is the subject of Ordinance No. -04, a copy of which is attached hereto
and incorporated herein by reference, the undersigned property ownem, 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) Conditions: The following conditions shall apply to the subject:
1) That any vehicle with a salvage title be stored in a building.
B)
Reclassification of the Sub~=t 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)
Recordin,q. 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. 17-
04.
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.
This Agreement shall be binding upon the undersigned and his/her heirs,
successor and assignees.
ACCEPTANCE OF ORDINANCE NO, -04
I, Steve Schueller, property owner, having read the terms and conditions
of the foregoing Ordinance No. -04 and being familiar with the conditions
thereof, hereby accept this same and agree to the conditions required therein.
Dated in Dubuque, Iowa this
day of 2004.
/s/ Steve Schueller