Triple J. Land Company Rezoning
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Prepared by: Laura Carstens. CiW Planner Address: 50 W. 13th St. City Hall Telephone: 589-4210
ORDINANCE NO. 76-00
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF
THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING
HEREINAFTER DESCRIBED PROPERTY LOCATED IN THE 2155 ROCKDALE
ROAD FROM R-3 MODERATE DENSITY MULTI-FAMILY DISTRICT TO OS
OFFICE SERVICE 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
as shown in Exhibit A, and to the center line of the adjoining public right-of-way, all in
the City of Dubuque, Iowa, from R-3 Moderate Density Multi-Family District to OS
Office Service District.
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.
2nd
Passed, approved and adopted this day of October, 2000.
Attest:
~-~X~<<
John Markham, Mayor Pro-Tern
F:\USERS\MELlNDA\WP\COUNCIL\ORD\2155ROCK.ORD
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MEMORANDUM OF AGREEMENT
Pursuant to the Iowa Code Section 414.5 (1993), and as an express condition of rezoning
of the property described as:
As shown in Exhibit A, and to the center line of the
adjoining public right-of-way, all in the City of Dubuque,
Iowa.
which is the subject of Ordinance No. "7 c:; -00, 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) Sidewalks shall be installed along both Rockdale Road and Tower Drive.
B)
2) Maximum of two (2) accesses allowed to Rockdale Road.
Reclassification of the Subject Property. The City of Dubuque, Iowa may initiate
zoning reclassification proceedings to the R-3 Moderate Density Multi-Family
Residential 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) 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. ? b -00.
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 hislher heirs, successor
and assignees.
F:\USERS\MELlNDA \WP\COUNCIL \2155ROCK.MOA
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ACCEPTANCE OF ORDINANCE NO. /'?? -00
I, John F. George, representing Triple J. Land Company, L.C., having read the
terms and conditions of the foregoing Ordinance No. -;/ C; -00 and being familiar
with the conditions thereof, hereby accept this same and agree to the conditions
required therein.
Dated in Dubuque, Iowa this 2nd day of October
,2000.
7;
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By /:/"'t. l, '-~~~
Jo~ George
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EXHIBIT A
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PR
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li~tI~~1 Proposed area to be rezoned
Applicant: Allen & Urbain
Architects & Construction Mgrs.
Triple J Land Co.
Location: 2155 Rockdale Road
Description: To rezone property from
R-3 Moderate Density Multi-Famiy
Residential District to OS Office
Services District.
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.. D0B~E
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City of Dubuque
Planning Services Department
Dubuque IA 52001-4864
Phone: 319-589-4210
Fax: 319-589-4149
PLANNING APPLICATION FORM
o Variance
a Cor,ditional Use Permit
o Appeal
C Special Exception
c LimltecJ SetbaCk Waiver
Cl Slmpfe Site Plan
Q Minor Site Plan
CI Major Site Plan
CI Major Finel Plat
o Simple SUbdiVision
c RezonIng
CI Planned District
C Preliminary Plat
[J Minor Final Plat
o Text Amendment
o Annexation
C Temeorary Use Permit
o Certificate of AppropriElteness
C C.rtIfi~te of Economic Hardship
c Othtff:
PLEASE TYPE OR PRI~T L!qlgL Y IN INK
Property Owner(s): Triple J Land Co.. L. C.
Phon~(319)S82-6745
lova 52003
State: Zip:
Address: 890 Cedar Cross Rd.
Dubuque
Fax Number:
City:
Mobile/Cellular Nu",ber:
Applicant/Agel'll: Allen & Urba:i.n Architects & ConstucUon ~irlt-
Address: 1890 JFK Rd. City: Dubuque
!nc_ Phone: (11Q)~~~-~1R7
State: towa Zip 52002
Fax Number:
(319)5;6-4394
Mobilt/Cellular Number: (319)590-0327
Site location/address: 2115 Rockdale &g., pu~y~ue. Iowa
~20n1
Existing 7;Qning: R3
F>roposed zoning~
Historic district:
Q~
Landmark:
Legal description (Sidwell Parcel 10 number or lot number/block number/subdivision): th.
follovi deseribed pro er~y pre,antl zoned -: We be
Totaf properiY~~1) i'%~cJ~ Pe~tg~~&~$f.ubuQue County, Iowa Number of lots: 1
approx. 3 acres of the total of approx. 3.25 acres
Describe proposal and reason necessary (attac:h B letter ot explanation, if needed): ExisUna location and
buildings inappropriate for R-J designa~ion. Comme%c1al zoning property exists on the
LLUL, L.ll aud auu.1..1.. u! }J&;"l.,JP~.I;"Y. L-~~I1.Luti ",111 ..11",,,, u.p-ISTad.e of e;xi~l..ing prOp8T1:Y I
vhirh ;A an .Y~.ft~_ ~ftd ~11fhtg ~h~ ~~_A_
CERTIFICATION: l/we, the undersigned, do hereby certi~ that:
The 'nformation submitted herein is true and correet to the best of my/our knowledge and upon submittal
becomes public record:
2. Ff!e$ are not refundable and payment does not guarantee ctpprovar: and
3. All additional required written and graphic materials are attached.
Property Owner(S): A -1-.
APPlica~tJAgent~Uc-U c.--. ~
1.
Date:
Date:
7/H/no
Fef ~~Z.ete>
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FOR OFFICE use 0
ReceiveCl by:
[J Property ownership list 0 Site/sketch plan 0 r plan
[J Improvement plans Q Oesign review project description
c Plat
o Photo
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REZONING STAFF REPORT
Zoning Agenda: September 6, 2000
Property Address: 2155 Rockdale Road
Property Owner:
Tri-J Land Company
Applicant:
Alan Urbain Architects & Construction Managers
Proposed Land Use: Office
Proposed Zoning: OS
Existing Land Use: Residential/vacant
Existing Zoning: R-3
Adjacent Land Use:
North - Residential Adjacent Zoning:
East - Residential/commercial
South - Commercial
West - Single-Family Residential
North - R-1/R-3
East - R-1/C-3
South - C-3
West - R-1
Former Zoning:
1934 - County; 1975 -R-3; 1985 - R-3
Total Area: 2.5 acres
Property History: The property presently consists of vacant residential structures
and a series of commercial storage garages that are built into the side of the hill. The
current owners applied for a rezoning in September, 1998, to a CS Commercial Service
and Wholesale District designation. The request was denied by the City Council on
September 21, 1998.
Physical Characteristics: The property is on the west side of Rockdale Road just north
of Tower Drive and south of Brian Drive. Twin Valley Drive also intersects with
Rockdale Road approximately at the mid-point of this property. The western portion of
the property is considerably higher than the eastern portion. It is in the western portion
where there are a series of garages that are built into the hillside. There is no curb and
gutter along Rockdale Road.
Concurrence with Comprehensive Plan: The 1995 Comprehensive Plan did not
designate a use for the area.
Impact of Request on:
Utilities: This property can be adequately served by existing utilities.
Traffic Patterns/Counts: 1997 traffic counts indicate approximately 6,000 - 8,000
daily trips along Rockdale Road. Rockdale Road is designated as a collector
street.
Public Services: Existing public services are adequate to serve the site.
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REZONING STAFF REPORT
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Page 2
Environment: Staff does not anticipate any adverse impact to the environment as
the property is substantially developed. Redevelopment of the property would
require that appropriate erosion control practices are followed.
Adjacent Properties: Rezoning of the subject property to OS Office Service District
would allow redevelopment of the property for office uses. While offices would
increase the volume of traffic utilizing Rockdale Road, staff does not feel it would
overburden the existing street system. Staff would review any site plans for the
development to assure compliance with all standards regarding screening, access,
parking and other regulations.
CIP Investments: None proposed.
Staff Analysis: The subject property is requested for rezoning from R-3 Moderate
Density Multi-Family Residential District to OS Office Service District. The OS Office
Service District allows for a short list of uses that includes primarily office-type
businesses.
The subject parcel is located near the intersection of Rockdale Road and Twin Valley
Drive. The subject property is in a mixed-use area with commercial and residential
uses. The commercial uses are located primarily to the north and east, while single-
family residential is located to the west with Table Mound School is located on Tower
Drive immediately north and west of the site.
The Office Service District is at times used as a buffer between residential and
commercial land uses. Office-type uses have the benefit that they primarily operate
from 8:00 a.m. to 5:00 p.m. during the weekdays, with little activity after 5:00 p.m. on
the weekdays and at any time during the weekends.
Staff recommends that the Zoning Advisory Commission review Section 6-1.1 of the
Zoning Ordinance that establishes criteria for rezoning requests.
Prepared by:
Reviewed: tJ/A
Date: ~ptP~O
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DUB~E
~ck~
Planning Services Department
50 West 13th Street
Dubuque, Iowa 52001-4864
Phone (319) 589-4210
Fax (319) 589-4221
September 25, 2000
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque, IA 52001
RE: Rezoning
Applicant: Allen & Urbain Architects & Construction Mgrs./Triple J Land Co.
Location: 2155 Rockdale Road
Description: To rezone property from R-3 Moderate Density Multi-Family Residential District to OS
Office Service 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, reviewing the proposed rezoning with the Commission
and presenting a layout of how the property would be configured for offices. The principal of Table
Mound School requested that the Commission carefully consider the proposed rezoning, as there
are already traffic problems in the area. He noted that as many as 130 parents come to pick up their
children from Table Mound School, and there is no off-street parking available to them. Staff
reviewed surrounding zoning and land use, and noted a previous request for rezoning from R-3 to
CS was denied.
The Zoning Advisory Commission discussed the request, noting that the requested rezoning to OS
Office Service does serve as a transition from residential to commercial, and that office uses
generate less traffic than commercial uses. The Commission discussed conditions on access to
both Tower Drive and Rockdale Road, and installation of sidewalks.
Recommendation
By a vote of 7 to 0, the Zoning Advisory Commission recommends that the City Council approve the
request with three (3) conditions. Conditions recommended by the Commission are:
1) Sidewalks shall be installed along both Rockdale Road and Tower Drive.
2) No access allowed to Tower Drive.
3) Maximum of two (2) accesses allowed to Rockdale Road.
A simple majority vote is needed for the City Council to approve the request.
Respectfully submitted,
~~t.~JA.
Eugene Bird, Jr., Chairperson
Zoning Advisory Commission
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Attachments
O::l!\\3:J38
Service
People
Integrity
Responsibility
Innovation
Teamwork
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, \ r- 11976-00
zooo OCT I 3 PM 2: 47
Prepared by: Laura Carstens. City Planner
00
!.~!'T'l'v Ci\'!'". !,;,;:.-, Y';,' ~t\^'
'\.',.'.''1 ~ l t...1 I";, i..:". ",-../I \)I.
COU:HY RLCO:,DER
Address: 50 W. 13~L:~i!.OcY~ ~an ION 4tle~~ne: . 589-4210
ORDINANCE NO.7 6-00
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF
THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING
HEREINAFTER DESCRIBED PROPERTY LOCATED IN THE 2155 ROCKDALE
ROAD FROM R-3 MODERATE DENSITY MULTI-FAMILY DISTRICT TO OS
OFFICE SERVICE 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
as shown in Exhibit A, and to the center line of the adjoining public right-ot-way, all in
the City of Dubuque, Iowa, trom R-3 Moderate Density Multi-Family District to OS
Office Service District.
Section 2. The foregoing amendment has heretofore been reviewed by the
Zoning Advisory Commission ot the City ot Dubuque, Iowa.
Section 3. This ordinance shall take effect immediately upon publication, as
provided by law.
2nd
Passed, approved and adopted this day of October ,2000.
Attest:
~"'Y\~
~~M.;@~X~(1t(
John Markham, Mayor Pro-Tern
F:\USERS\MELlNDA\WP\COUNCIL\ORD\2155ROCK.ORD
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MEMORANDUM OF AGREEMENT
Pursuant to the Iowa Code Section 414.5 (1993), and as an express condition of rezoning
of the property described as:
As shown in Exhibit A, and to the center line of the
adjoining public right-of-way, all in the City of Dubuque,
Iowa.
which is the subject of Ordinance No. -:/ r:;, -00, 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) Sidewalks shall be installed along both Rockdale Road and Tower Drive. .
2) Maximum of two (2) accesses allowed to Rockdale Road.
B)
Reclassification of the Subiect Property. The City of Dubuque, Iowa may initiate
zoning reclassification proceedings to the R-3 Moderate Density Multi-Family
Residential 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) 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. 7 ~ -00.
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 hislher heirs, successor
and assignees.
F:\USERS\MELlNDA \WP\cOUNCIL \2155ROCK.MOA
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ACCEPTANCE OF ORDINANCE NO. ;/ ~ -00
I, John F. George, representing Triple J. Land Company, L.C., having read the
terms and conditions of the foregoing Ordinance No. :7 c;;, -00 and being familiar
with the conditions thereof, hereby accept this same and agree to the conditions
required therein.
Dated in Dubuque, Iowa this 2nd day of October
.2000.
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By 11 7~
~George
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EXHIBIT A
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PR
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H~i~i~iH Proposed area to be rezoned
Applicant: Allen & Urbain
Architects & Construction Mgrs.
Triple J Land Co.
Location: 2155 Rockdale Road
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Description: To rezone property from
R-3 Moderate Density Multi-Famiy
Residential District to OS Office
Services District.
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CERTIFICATE OF CITY CLERK
STATE OF IOWA
COUNTY OF DUBUQUE
I, Jeanne 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. 76-00 is a correct copy of the original
Ordinance No. 76-00 approved and adopted by the City Council of the City of
Dubuque, Iowa, at a session held by said Council on the 2nd day of October,
2000.
In Testimony Whereof, I hereunto set my hand and official seal of the City of
Dubuque, Iowa.
. Dated at Dubuque, Iowa on this 11th day of October, 2000.
/ ..' -- fry )
~~V2~4~/,C~L.-e:{~J
0eanne F. Schneider
City Clerk
City of Dubuque, Iowa
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