Zoning Radford Rd W Briggs PUD
Planning Services Department
City Hall
50 West 13th Street
Dubuque, Iowa 52001-4864
(563) 589-4210 office
(563) 589-4221 fax
(563) 690-6678 TDD
pi anning@cityofdubuque.org
www.cityofdubuque.org
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December 7,2004
(-,
The Honorable Mayor and City Council Members
City of Dubuque
City Hall- 50 W. 13th Street
Dubuque IA 52001
RE: PUD Amendment
Applicant: Wayne Briggs/Radford Road Real Estate LLC
Location: Radford Road, North of Radford Court
Description: To amend the PC Planned Commercial District to include indoor restaurants
and drive-in/carry-out restaurants.
~
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, reviewing the history of the site. He said the
proposed amendment to the Planned Commercial District includes adding indoor and drive-
in/carry-out restaurants to the list of permitted uses and adopting a revised conceptual plan.
Staff reviewed previous zoning applied to the property, surrounding zoning and land use and
noted the location and number of off-street parking spaces.
There was one public comment from a School District representative regarding the safety of
children crossing Radford Road from the new middle school to the proposed restaurant.
The Zoning Advisory Commission discussed the request, noting that the revised conceptual
plan provides additional detail on development of the site. The Commission generally was in
favor of adding restaurants and drive-in/carry-out restaurants as permitted uses provide they are
restricted to the north 1.3 acres of the PUD.
Recommendation
By a vote of 4 to 2, 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.
Re.~peCtf.. ully su~. itted,
'~ ÿ ¿-.:J,u¿
C"-!Lí-í ~t.-' J+\!-
Jeff Stile~ Chairperson
Zoning Advisory Commission
Attachments
Secviœ
People
Integrity
Responsibility
Innovation
Teamwork
Fee: $300 + $50 per acre = $600
D~
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City of Dubuque
Planning Services Department
Dubuque, IA 52001-4864
Phone: 563-589-4210
Fax: 563-589-4221
PLANNING APPLICATION FORM
0 Variance
OConditionai Use Permit
OAppeai
OSpecial Exception
0 Limited Setback Waiver
0 Rezoning
IE Planned District
0 Preliminary Plat
0 Minor Final ~at
OText Amendment
0 Simple Site Plan
0 Minor Site Plan
0 Major Site ~an
0 Major Finai Plat
0 Simple Subdivision
DAnnexation
DTemporary Use Permit
OCertificate of Economic Non-Viabiiity
OCertificate of Appropriateness
0 Other:
Please tvoe or orint leGibly in ink
Property owner(s): RADFORD ROAD REAL ESTATE, L.L.C.
Address; c/o 137 Main St
Fax Number: 557-9180
Applicant/Agent: Wayne Briggs
Address: 137 Main Street
Fax Number: 557-9180
City: Dubuque
Phon., 557-2504
State:~ Zip: 52001
Mobile/Cellular Number:
City: Dubuque
Phone: 557-2504
State: ~Zip: 52001
Mobile/Cellular Number:
Site location/address: RADFORD ROAD (no address)
Existing zoning: ~ Proposed zoning: ~ Historic District: - Landmark: -
Legal Description (Sidwell parcel ID# or lot number/block number/subdivision):Lot D of Block 11 of Sunnyslopes
Estates in the City of Dubuque, Iowa, according to the recorded plats thereof,
subject to easements and restrictions of record. Approximately 6.48 acres
Total property (lot) area (square feet or acres):
Describe proposal and reason necessary (attach a letter of explanation, if need en): A~end planned district,
currently PC, to include as a principal permitted use indoor restaurants and drive-in Icarry-ollt
restaurants. ADDlicant is interested in placing a pi..a placp on the 'prpmi~p~
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.
~g~
Property Owner(s):-f F: - ' L.L~ Date:
Applicant/Agent: { Date:
]on9/?oO4
FOR OFFICE USE ONLY - AP CATION SUBMITTAL CHECKLIST
Fee!~OO'()o Received by: 1-
DSite/sketch plan 0 Con ptual Development Plan
DImprovement plans DDesign review project description
Date: !tl!tr(o'¡ Docket:
0 Photo 0 Plat
DFloor plan 0 Other:
-39-
December 8, 1999
18372-1999
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PROPRIETORS' RADrORD RaAD DEVELOP"ENT INC.
SURVEY REQUESTED BY, ERNEST QUAaE
BuESING' ASSOCIATES
CONsu"ING ENGINEERS
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Vicinity Map
Applicant: Wayne Briggs/Radford
Road Real Estate LLC
Location: Radford Road,
North of Radford Court
Description: To amend the PC
Planned Commercial District to
include indoor restaurants and
drive-in/carry-out restaurants.
Asbury City Limits
D Zoning Boundary
1,::.:::,:::1 Proposed Area to be Rezoned
PLANNED DISTRICT STAFF REPORT
Zoning Ageoda: December 1, 2004
Project Name:
Radford Road Development
Property Address:
Radford Road, North of Radford Court
Property Owner:
Wayne Briggs/Radford Road Real Estate, LLC
Applicant:
Same
Proposed Land Use:
Commercial
Proposed Zoning: PC
Existing Land Use:
Vacant/Commercial
Existing Zoning: PC
Adjacent Land Use:
North - Multi-family residential
East - Multi/single-family residential
South - Commercial
West - Residential/School
Adjacent Zoning: North - R-4
East - R-3
South - C-2
West- R-1
Flood Plain:
N/A
Total Area: 7.5 acres
Water: Yes
Existing Street Access: Yes
Storm Sewer: Yes
Sanitary Sewer: Yes
Previous Planned District: Identical, except for the exclusion of indoor and drive-in/carry-out
restaurants as permitted uses.
Purpose: The intent of the requested PUD is to add indoor and drive-in/carry-out restaurants
to the list of permitted uses.
Property History: The parcel was previously used for agricultural purposes and was rezoned
from C-2 Neighborhood Commercial Shopping Center district to PC Planned Commercial
district in September of 2002. All of the property except one lot along Radford Court at the
southwest corner of the district is currently vacant.
Physical Characteristics: The subject property is a relatively level lot with frontage along
Radford Road. The subject parcel abuts existing multi and single-family development in
Sunny Slope Estates and is bordered on the south by three commercial lots that comprise
Radford Court.
Conformance with Comprehensive Plan: Land Use and Urban Design goals state, "to
ensure that opportunities for convenient and concentrated commercial development are
provided to support the local market" and "to encourage the concept of mixed use
development to diverse and self-sufficient neighborhoods."
Planned District Staff Report - Radford Road, north of Radford Court
Page 2
Staff Analysis:
Streets: Radford Road is designated as a collector street and based on 2001 IDOT
traffic count carries approximately 3,380 vehicle trips per day just north of the subject
property.
Sidewalks: There are no sidewalks along Radford Road along the subject frontage.
Parking: The proposed businesses located within the Planned Unit Development will be
required to meet current Zoning Ordinance parking standards.
Lighting: Any new outdoor lighting will be required to utilize cut-off luminaries to mitigate
adverse impacts to adjacent residential properties.
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 a C-2 Neighborhood Commercial zoning district.
Permeable Area (%) & Location (Open Space): The conceptual development plan
indicates the location and percentage of green space. The green space will have to
meet the minimum standard of 20% set forth in the Subdivision Regulations.
Landscaping/Screening: The original PC requires that screening be placed along the
common district boundary line between the PC and adjacent residentially zoned
property and that any outdoor storage be screened.
Phasing of development: None proposed.
Impact of Request on:
Utilities: Existing utilities are adequate to serve the proposed development.
Traffic Patterns/Counts: Radford Road is designed as collector street and carries
approximately 3,380 vehicle trips per day just north of the subject property. The
addition of the middle school and commercial development will significantly increase
the amount of traffic along Radford Road.
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. The conceptual
development plan indicates two storm water detention facilities.
Adjacent Properties: Development of this property will increase the ambient noise and
light levels to the surrounding residential properties.
Planned District Staff Report - Radford Road, north of Radford Court
Page 3
CIP Investments: None proposed.
Staff Analysis: The subject property is located along Radford Road north of Radford Court.
The applicant is asking to expand the number of uses permitted in the original Planned
Commercial district by adding indoor and drive-up/carry-out restaurants. The original
planned commercial designation was requested to provide a wider range of permitted uses
than offered by the C-2 Neighborhood Shopping Center district.
There are currently several commercial buildings located on Radford Court south of the
subject property and construction of the new middle school is proceeding across Radford
Road. Single and multi-family residences are located directly east of, and adjacent to, the
subject property.
The conceptual development plan indicates an indoor'and carry-out restaurant with
approximately 120 seats located at the north end of the development. The restaurant facility
will provide 50 parking spaces and have access to Radford Road at the north end of the
development. The conceptual development plan indicates two additional commercial
structures on the southern portion of the development. One structure is approximately
33,000 square feet and the other structure is approximately 4,000 square feet. There are
185 shared parking spaces for the two buildings. Access to these commercial buildings will
be from the south end of the property to Radford Road.
As part of the original rezoning to PC undertaken in 2002, Commissioners removed drive-
up/carry-out restaurants, contractor shops and auto-related uses from the list of uses
requested by the applicant. Uses such as offices, retail sales and service, landscaping, and
wholesale distributors remained.
The C-2 zoning previously applied to this property allowed indoor restaurants as a permitted
use and drive-in/carry-out restaurants as a conditional use. The parking provided for the
restaurant will be in excess of what is required. The parking lot and east boundary of the
subject will be screened
Existing utilities and street capacity are sufficient to serve the site. The attached PUD
ordinance contains a list of proposed permitted uses, bulk standards and conditions placed
on the existing development. If approved, these standards will carry over to the new PUD.
Staff recommends the Zoning Advisory Commission review the standards regarding
approval of a Planned Unit Development contained in Section 3-5.5(f).
Prepared by: ~ "'¡'F=' J ~I....h.LJ.A-(Reviewed:47'ú.1 ¡¿f~l::",ate:
/l11A/61./
,
Prepared by: Laura Carstens City Planner Address: 50 W. 13th Sl. City Hall Telephone: 589-4210
ORDINANCE NO.
82
-04
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF
THE CITY OF DUBUQUE CODE OF ORDINANCES FOR HEREINAFTER
DESCRIBED PROPERTY LOCATED AT THE NORTHEAST CORNER OF
RADFORD ROAD AND RADFORD COURT TO AMEND ORDINANCE 86-02
THAT ESTABLISHED A PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH
A PC PLANNED COMMERCIAL DISTRICT DESIGNATION AND ADOPTING AN
AMENDED CONCEPTUAL DEVELOPMENT PLAN, 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 providing for the amendment of Ordinance
86-02 which adopted regulations for a 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:
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:
A.
Use Reaulations
The following regulations shall apply to all land uses in the above-described
PUD District.
1. Principal penmitted uses of the lots designated for commercial
development shall be limited to:
. Residential sues above the first floor only - [6]
. General offices - [14]
. Medical/office/clinic - [36]
. Indoor restaurant - [20]
. Drive-in/carry-out restaurant - [28]
Ordinance No.
Page 2 of 6
-04
. Dental medical lab - [8]
. Schools of private instruction - [4]
. Barber/beauty shops - [16]
. Retail sales/services - [17]
. Laundry/dry cleaner - [19]
. 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 - [21]
. Service station - [21]
. Bakery (wholesale/commercial) - [19]
. Drive-up automated bank teller - [8]
. Self-service car wash - [8]
. Full-service car wash - [8]
. Animal hospital/clinic - [28]
. Furniture 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:
Ordinance No.
Page 3 of 6
-04
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;
b. That parking group requirements 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. 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
f. No group daycare center may be located within the
same structure as any gas station, barltavern,
automated gas station or facility selling, servicing,
repairing or renting vehicles.
2.
Accessory uses shall include any use customarily incidental and
subordinate to the principle use it serves.
[ ] Parking group - see Section 4-2 of the Zoning Ordinance.
B.
Lot and Bulk Reaulations
Development of land in the PUD District shall be regulated as follows:
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).
C.
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. Indoor restaurants and drive-in/carry-out restaurants are restricted to the
north 1.3 acres of the Planned Commercial District.
Ordinance No.
Page 4 of 6
-04
2. Public streets within the Planned Unit Development District shall be
designed and built to City Engineering specifications.
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. Storm water detention facilities will be provided as per City Engineering
requirements.
6. 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.
7. 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.
8. Screening shall be placed along the boundary of the residential district as
per City standards.
9. 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.
D.
Open Spaces and LandscapinQ
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.
E.
Sian Reaulations
Signs in the PUD District shall be regulated as follows:
Sign age shall be regulated by the C-2 Neighborhood Shopping Center
District sign regulations of Section 4-3.11 of the Zoning Ordinance.
F.
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.
Page 5 of 6
-04
G.
Reclassification of Subject ProDertv
The City of Dubuque, Iowa, may initiate zoning reclassification proceedings
to the C-2 Neighborhood Shopping Center 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,
H.
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.
I.
RecordinQ
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 thirty (30)
days after adoption of this ordinance. This ordinance shall be binding upon
the undersigned and his/her heirs, successors and assigns.
Section 3. The foregoing amendment shall take effect immediately upon
publication, as provided by law.
Passed, approved and adopted this 20th day of December, 2004.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
ACCEPTANCE OF ORDINANCE NO, 82-04
I, Wayne A. Briggs, reprsenting Radford Road Reøl Estate, L.LC" property owner,
having read the terms and conditions of the foregoing OrdlnanaeNo. 82-94 and being
familiar with the conditions thereof, hereby accept the same and. agree to the conditions
required therein.
Dated this 23rd day of December, 2004.
/s/ Wayne A. Briggs
11,11
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Brian). Kaue
Gary K. No,by
Les V. Reddick*
D. Flint Drake**
Brad). Heyiug
Todd L. Stevenson*
MaryBeth Pfeiler Fleming
Kevin T. Deeny
Johu D. Freund
KANE, NORBY & REDDICK, P.c.
ATTORNEYS
2100 ASBURY ROAD, SUITE 2
DUBUQUE, IA 52001-3069
Of Counsel,
Louis P. Pfeiler
All admitted in Iowa
*A1w admitted in Illiuois
** Also admitted in Wisconsin
Phone (563) 582-7980
Facsimile (563) 582-5312
E-mail, bkaue@kaneuorbylaw.com
December 8, 2004
The Honorable Mayor & Members
of the City Council
City of Dubuque
City Hall
50 West 13th Street
Dubuque, Iowa 52001
, ,
n
RE:
RADFORD ROAD REAL ESTATE, L.L.c.
REZONING APPLICATION
Dear Council Members and Mayor Duggan:
We represent Radford Road Real Estate, L.L.C, in connection with certain property it owns
located along Radford Road here in Dubuque. Our client has submitted an application to amend the
existing zoning, which is currently planned commercial, to planned commercial that includes as a
principal pennitted use indoor restaurants and drive-inlcarry-out restaurants. Our client has an
interested tenant for leasing space on its property, Pizza Ranch, which is a family restaurant serving
buffet-style pizza. The restaurant is primarily a sit-down restaurant, but it also includes a drive-up
window for patrons who call ahead and wish to pick up their pizza without leaving their cars.
Our understanding is that Dale Lass, the principal of the new middle school along Radford
Road, has submitted a letter to you objecting to our client's proposed application. By this letter, we
wish to address those issues raised by Mr. Lass.
Mr. Lass suggests that "Such establishments become' attractions' for middle level students."
The same could be said about many different businesses or developments, such as comic book stores
or video game arcades, both of which are allowed under the current zoning. The fact that many
school students enjoy pizza does not necessarily mean that the proposed Pizza Ranch will become
a "hang-out" for the students.
Mr, Lass also suggests that after 2:30, the "students will be free to go wherever they wish."
We point out that for the most part, where students go after 2:30 will be subject to approval by their
parents and is the responsibility of their parents, not Mr. Lass or the Dubuque Community School
.District. In any case, Mr. Lass seems to be concerned that students will go to the restaurant and
cause problems which will cause future work for him since the students will be identified with the
school. However, students ITom the school could also go to the mall or any other restaurant or any
private residence or a park, and cause problems and still be associated with the school. The fact that
Mr. Lass believes that a Pizza Ranch will cause more work for him should not distract the Council
ITom considering the application as an appropriate request.
Third, Mr. Lass cites potential problems with students getting hit by cars as they cross the
street. Such unfortunate accidents may occasionally occur, but to suggest that a Pizza Ranch will
cause traffic accidents is stretching logic. Everyone should drive cautiously in a school zone, and
pedestrians should cross only at appropriate places. Again, a comic book store or video game arcade
would be more of an attraction, and both are currently allowed. Mr. Lass says that "Had the school
not become a reality in this area, I would have no objection to this Pizza Ranch," but the tone ofhis
letter and its logic suggest that he is opposed to any establishment along Radford Road that would
be an attraction to students or give them a reason to cross the street. Our client believes that a Pizza
Ranch will be much less of an attraction than many principal permitted uses already available.
Fourth, traffic concerns were raised. However, the staff analysis points out that parking
provided will be in excess of what is required and that existing street capacity is sufficient to serve
the site. Again, some of those uses already permitted under this zoning would potentially cause more
traffic, such as retail sales/services, neighborhood shopping center, vehicle rental, personal services,
gas station, full-service car wash, banks, savings and loans, and credit unions, and group daycare.
Furthermore, the times that a pizza restaurant would be busiest are hours when the students are in
school (noon hour) or after the students have left school (5 :00 - 7 :00 p.m.). The traffic impact during
school hours attributable to the Pizza Ranch will undoubtedly not be as high as Mr. Lass believes.
Fifth, Mr. Lass says that "Once restaurant is established in the area, it will only be a matter
of time until other restaurants, or establishments that cater to the II to 14 year old, will be built."
The Zoning Advisory Commission recommends that the proposed amendment apply only to 1.3
acres of the 6.48 owned by our client. This means that only the Pizza Ranch would be allowed to
house an indoor restaurant or drive-inlcany-out restaurant, so Mr. Lass's concern here is moot as to
this property. Furthermore, as raised throughout this letter, other establishments catering to the II
to 14 year old are already allowed and cannot be prevented by Mr. Lass or the school district, nor
should they be.
Finally, Mr. Lass asks, "are there no other locations that would be just as profitable for such
establishments than the property across the street ITom a school building?" With all due respect to
Mr. Lass, this question is irrelevant. The relevant inquiry that the Council should consider is
whether this applicant is allowed to request the amendment to the existing ordinance for the property
it owns and whether the proposed amendment is appropriate. Our client is clearly allowed to submit
its application and we believe that the proposed ordinance is appropriate. Furthermore, our client
is willing to accept the condition that the new ordinance be limited to 1.3 of its 6.48 acres.
Our client prefers to co-exist with the new school as a good neighbor. We suggested to Mr.
Lass after the Zoning Advisory Commission meeting to call Wayne Briggs or us if he has any
questions or concurs about which we can help in the future.
We appreciate your consideration on this matter and ask that the City Council vote in favor
of the proposed ordinance as the Zoning Advisory Commission did. Thank you.
Best regards,
KANE, NORBY & REDDICK, P.C.
By
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BJKldai
cc: Mr. Wayne A. Briggs,
Radford Road Real Estate, L.L.C.
F\WPDOCSIMARY\DOCSVdt\C;<y C"",iI~' M.yM 0'- I. ~ IUd'." Ro'" "wpd
Page 1 of3
Jeanne Schneider
From:
To:
Sent:
Subject:
"Dale Lass" <dlass@dubuque.k12.ia.us>
"Jeanne Schneider" <jschneid@cityofdubuque.org>
Monday, December 06, 2004 11: 15 AM
Re: City Zoning Decision Request for December 6, 2004
Ms. Schneider:
Thank you for your reply. Yes, please send me an agenda for December 20. Thank you for taking the
time to look into the matter.
Sincerely,
Dale Lass
Jeanne Schneider wrote:
Mr. Lass, The Radford Road PUD Amendment you are referring to will be on the December 20th
City Council meeting as a Public Hearing. Please let me know if you would like to receive an
agenda for that meeting. Jeanne schneiderCity Clerk
-- Original Message ---
From: Dale Lass
To: amichalski@cityofdubuque.org ; dnicholson@cityofdubuque.org ;
jmarkham@cornerenergy.com ; jconnors63@mchsi.com : patriciaciine@mchsi.com ;
rbuoI1@mchsi.com ; jschneid@cityofdubuque.org
Sent: Monday, December 06,2004 10:20 AM
Subject: City Zoning Decision Request for December 6, 2004
Subject:
Memo for City Council
Date:
Monday, 6 Dec 2004
From: Dale Lass, 2945 Kristen Ct., Dubuque, Iowa
To: The Members of the Dubuque City Council
RE: Request that a "Pizza Ranch" restaurant not be allowed on property across the road
from the new middle school.
Members of the City Council,
I am the appointed principal of the new west end middle school. About two weeks ago, I
learned that the property to the east side of Radford Road would be rezoned to allow a
Pizza Ranch with a drive-up-window to be built on this property.
I understand that this matter will be taken up by the City Council this Monday, December
6. Because I will be in Grand Rapids, Michigan, on school business, I am not able to
attend this meeting. Therefore, I am writing you with my concerns.
12/6/2004
Page 2 of3
As I understand, this property has been zoned commercial and was so zoned before the
school district purchased the land to the west of Radford Road to build its new west
middle school. Had the school not become a reality in this area, I would have no objection
to this Pizza Ranch.
However, now that there will be a school of 900 to 1000 - 6th, 7th, and 8th graders, I am
concerned that such establishments may be built near the school. My reasons include:
. Such establishments become "attractions" for middle level students.
. During the school day, the students will have no access to such establishments.
However, the school day will end at 2:30 p.m., and students will be free to go
wherever they wish. In this case, they would be leaving the school grounds, where
they are supervised, to go to a restaurant where the supervision will be either little
or non-existent, or by the management of the restaurant. This poses a potential
behavior issue that ultimately will return to my desk, as the students will be
identified with the school.
. In their haste to go to the restaurant, they may not be cautious when crossing
Radford Road. Again, it is not the problem of the school or of the city to monitor
students crossing the road, but that is little comfort to a family when a child is
injured or killed while crossing a road. I have seen how excited students fail to use
good judgment when crossing a road, and it concerns me greatly.
. Radford road will be busy enough by the additional traffic brought to it by the
school. Can it support the additional traffic? Will the city need to build additional
lanes of traffic for this street?
. Once one restaurant is established in the area, it will only be a matter of time until
other restaurants, or establishments that cater the II to 14 year old, will be built.
I see this as a growing problem. Please ask yourself this question. "How many other
Dubuque schools are located so close to such businesses?" Certainly, not Senior,
Hemptstead, Washington, or Jefferson. It is clear that in the past consideration has been to
locate schools where minimal or limited commercial development has been allowed.
And, consider this also...
. In three to four years a new elementary school is likely to be built next to the new
middle school. In time the school campus will house close to 1600 students from
ages 5 to 14, What will be the impact of having "attractive to students" commercial
property across the street from the school when that happens?
Neither I nor the District wish to deny someone from taking on a new commercial venture,
but are there no other locations that would be just as profitable for such establishments
than the property across the street from a school building?
I can say that this has been discussed with the Superintendent of Schools, Mr. Burgart, and
he was open to my presenting my concerns to the City Council of Dubuque.
Thank you.
12/6/2004
Page3 of3
Dale Lass, Principal, Radford Road Middle School.
12/6/2004