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Zoning 2025 Radford Rd. Bycroft's 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 planning@cityofdubuque.org www.cityofdubuque.org THE CITY OF L:~ D~tJ-E ~~~ M~-y 9, 2005 -\ The Honorable Mayor and City Council Members City of Dubuque City Hall - 50 W. 13th Street Dubuque IA 52001 j i..,r RE: Rezoning Applicant: Don & Tanya Bycroft Location: 2025 Radford Road Description: To rezone property from R-1 Single-Family Residential Districtto OC Office 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, reviewing the history of the site and changes to the surrounding property since they built their home. Staff reviewed the surrounding zoning and land use, noting that commercial development is continuing along the east side of Radford Road, and the new middle school is directly behind the subject property. There were no public comments. The Zoning Advisory Commission discussed the request, noting that conditions have changed in the neighborhood to a degree that does warrant a rezoning. Recommendation By a vote of 6 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. RltjeeCtfUIlY submitted, ~~ Jeff Sti es: Chairperson;ti;L-- Zoning Advisory Commission Service People Integrity Responsibility Innovation Teamwork Th;'B~ ~~~ Oty of Dubuque Planning Services Department Dubuque, IA 52001--4864 Phone: 563-589-4210 Fax: 563-589-4221 PLANNING APPLICATION FORM o Variance DConditional Use Permit DAppeal o Special Exception DUmited Setback Waiver ~ezonjng DPlanned District DPreliminary Plat DMinor Final Plat DText Amendment DSimpJe Site Plan DMinor Site Plan o Major Site Plan o Major Final Plat DSimple Subdivision DAnnexation DTemporary Use Permit DCertificate of Economic Non-Viability DCertificate of Appropriateness DOther: Please type or Drint leQiblv in ink Property owner(s): \)tH)t\.\d. + T O-n"ftA ~jI c..ro-f-t Phone: Slo3 -s ~ 3 -Y:~:l-~ Address: d-o~S \~d..--tv\cl QA ,Oty:DI..A.bu...c1r\.J...L State~Zip: S~O ~ Fax Number: S (p ~ - S8 '1-- d- d- ~ ~ Mobile/Cellular Number: '5 f.p ~ ~ SIt S Lot 3 - lle '-\. q Applicant/Agent: \)f) y) ~'jc..\crf+ Phone:5to?>- S ~"3 -Lt<.:> i;-L( Address: ~o 'a-<; f.2 (>.A~ r-.J. RA. Fax Number: ~(o? - Scg ~ - ~ "~_A. q Oty: ~ IA. \-'U r U u...P State~ Zip: S ~ d- Mobile/Cellular Number: S LP ~ - S 4. :> - l L> 't q Site location/address: ())..O~C::; \?Ild.-+Ot"~ Qd.. t \:)v-..bl.L't~...e.... Existing zoning: R \ Proposed zoning: trJL Historic District: Landmark: Legal Description (Sidwell parcel ID# or lot number/block. number/subdivision): \ c.+- t. o-f \ f)..(- S'l e..~e.~-\: Ftl ... V\A.S * \ .. Total property (lot) area (square feet or acres): (;- \' f)(. \ Ii-c... (' c;:.. Describe proposal and reason necessary (attach a letter of explanation, if needed): N ~ IY'-'iA.c:l k. 'Sc...h...:>&' \ A\r-u:-~ly bt7"'-.oI'-d \...LS i "b1J.'1c.n..r-e.- bes,id...e. LL"':> I f.....a.... ac_r-.QSS S+ree..-t-. ~\~ ~r-o~r-+y ('~l.L.td he' f'nfwer+ed ~r U-C3Q. ~e.....--t-hdi"\ R\. CERTIACATION: 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. FWpertyOMleJiS~ ~ U"1"("~ Applicant/Agent: _ _ -----------=-_ Date: / tt-4-0CZ; L\-I.\-oS FOR OFFICE USE ONLY - APPUCATION SUBMITTAL CHECKUST Fee: ;!cQQ.a>RecelV€d by: 'J:i 7- ~ OSite/sketch plan 0 Conceptual Devel pment Plan OImprovement plans ODesign review project desaiption Date: Jf.l{ - 05 Docket: o Photo OPtat DAoor plan OOther: 1 ~ f ro >- 1: ro t 0)'- 0) -0 ~ 0.'- 0) o en E ..... 0) 0. a::: E 0)>-0 c==o o E 0) N ro 0) LL .~ ~ I ~ t-O)O 0)0 ., Co C .- 000 .- 0 ... ~ ... 0. I . . i:: a::: t5 t5 o '-'- enE~~ 0) o.5Q.en OJ::oo ~ o ..... o >- co ro >- C ro t- ~ C o o o ... >- t 0) 0. o ..... 0.-0 "00) 0) C en 0 o N 0.0) o ..... ..... 0) Q...!) "0 ro o a::: "0 ..... .E -0 ro a::: L() N o N c.. co :E ~ .- >- ..... ro "0 C :::J o .!) 0) C C o N ~ :::J .!) en <( c:: .- (.) .- > '+- o >- ~ o ..... C ro .~ 0. 0. <( . . C o ... ro o o .....J DFSlD LiliJ <1z <.> (.) c.. M <.> DTI li'1 :J .... I D: ~ Q) >- Q) 0 en 0 or. o (.) o::C/) '- Q) 0"0 c"O m'- Q)~ W ~ I .:- >~ldJ I '" ~ Po! ':~ f REZONING STAFF REPORT Zoning Agenda: May 4, 2005 Property Address: 2025 Radford Road Property Owner: Donald and Tanya Bycroft Applicant: Same Proposed land Use: Office/Commercial Proposed Zoning: OC Existing land Use: Residential Existing Zoning: R-1 Adjacent land Use: North - Daycare East - Commercial South - Residential West - School facility Adjacent Zoning: North -R-1 East - Planned Commercial South - R-1 West- R-1 Former Zoning: 1934 - County; 1975 - AG; 1985 - AG Total Area: 1.5 acres Property History: The subject property has been used for agricultural purposes until its rezoning in 2000 to allow for construction of the existing single-family house. Physical Characteristics: The subject property is located along Radford Road near the intersection of Saratoga and Camelot. The north property line is adjacent to the Little Treasures Day Care and the west property line is adjoining the campus of the new middle school being constructed by Dubuque Community School District. The property generally slopes from south to north. Concurrence with Comprehensive Plan: This project implements the Comprehensive Plan land Use Element: 6.1, 6.2, 7.1 and 7.3 Impact of Request on: Utilities: Existing utilities are adequate to serve the site. Traffic Patterns/Counts: Radford Road is designated as a collector street and carries approximately 3,600 vehicle trips per day. Public Services: Existing public services are adequate to serve the site. Environment: Staff does not anticipate any adverse impact to the environment provided adequate erosion control and storm water control is provided during all phases of any subsequent modifications to the site. Rezoning Staff Report - 2025 Radford Road Page 2 Adjacent Properties: Staff does not anticipate any significant impact to adjacent property as any changes to the subject structure or property are very small relative to the other changes occurring in this stretch of Radford Road. These changes include the new middle school, construction of a new restaurant across the street and continued commercial development to the south along Radford Road. CIP Investments: None proposed. Staff Analysis: The applicant is requesting rezoning of the subject parcel from R-1 Single-Family Residential to OC Office Commercial District. This property was initially rezoned to R-1 Single-Family Residential in 2000. The applicants are seeking rezoning as they have been unsuccessful to date in marketing their property for sale as a single- family home. The subject property has the new middle school under construction directly to their west and a new daycare opening immediately to the north. Across the street, the new Pizza Ranch restaurant is currently under construction and should open within the next two months. The OC Office Commercial District allows for a mixture of residential, office and small commercial uses. Part of the general purpose and description of the office commercial district indicates that this district is intended to be located in areas which have developed or are appropriate to develop as limited retail districts. The purpose and description goes on to state that this district is intended to be located in areas adjacent to established commercial districts, and historic and/or architecturally significant areas where the adaptive re-use of existing buildings is encouraged, in areas of particular tourist interest, and along arterials and/or collector streets which are suitable for more intensive commercial development. While the subject property is certainly not historic in nature or an area of tourist interest, it can be argued that the building is in need of adaptive re-use and that the location is along an arterial and/or collector street that is suitable for more intensive commercial development. The subject area is in transition, the construction of additional commercial businesses along the east side of Radford Road continues and with the development of the new middle school to the west, the volume of traffic along Radford Road will significantly increase once the school opens. The subject property, along with two other single-family homes immediately to the south, have been impacted by recent changes to the surrounding property. The compatibility of single-family residential homes along this stretch of Radford Road has changed significantly in the last two to three years. Planning staff recommends that the Zoning Advisory Commission review Section 6-1.1 of the Zoning Ordinance that establishes criteria for the review of rezoning requests. Prepared by: 'If '1 ~ Reviewed: ~/~ Date: 4'-:2 &. -05 SECTION 3. DISTRICT REGULATIONS 3-2. Office Districts: 3-2.3. OC Office Commercial District. (A) General purpose and description. The office commercial district is intended to encourage and permit the establishment of commercial business uses in mixed use specialty areas. This district is intended to be located in areas which have developed, or are appropriate to develop, as limited retail districts. This district is also intended to be located in areas adjacent to established commercial districts, in historic and/or architecturally significant areas where the adaptive reuse of existing buildings is encouraged, in areas of particular tourist interest and along arterial and/or collector streets which are suitable for more intensive commercial development. (B) Principal permitted uses. The following uses shall be permitted in the OC District: (1) One- and two-family dwelling units within existing structures only-[9]. (2) Multi-family dwelling units within existing structures only'-[9]. (3) General offices-[14] (4) Churches, convents and monasteries-[7] (5) Schools of private instruction-[4] (6) Noncommercial art galleries, museums and libraries-[13] (7) Barberlbeauty shops-[16] (8) Artist studio-[5] (9) Photographic studios-[23] (10) Bakeries (retail only)-(19] (11) Confectioneries-[19] (12) Commercial art galleries-[17] (13) Clothing/accessory stores-[17] (14) Shoe stores-[17] (15) Jewelry stores-[17] (16) Sewing/fabric stores-[ 17] (17) Book/stationery stores-[17] (18) Gift/souvenir shops-[17] (19) Toy-hobby shops-[17] (20) Sporting goods (sales/rental)-[17] (21) Bicycle shops (sales/rental)-[17] (22) Camera/photo supply stores-[17] (23) Flower shops-[17] (24) Antique shops-[27] (25) Fumiture/home fumishings-[27] (26) Any other specialty retail use of a similar nature and intensity, as determined by the city planner. (C) Accessory uses. The following uses shall be permitted as accessory uses as provided in Section 4 of this ordinance: (1) Attached garages. (2) Detached garages. (3) Noncommercial greenhouses. (4) Solar collectors. (5) Wind generators. (6) Satellite receiving dishes. (7) Storage buildings. (8) Readily moveable sports, recreation or outdoor cooking equipment. (9) Tennis courts, swimming pools and similar permanent facilities. (10) Home occupations. (11) Noncommercial gardens and nurseries. (12) Off-street parking of vehicles. (13) Fences. (14) Garage sales or rummage sales provided that not more than three (3) such sales shall be allowed per premises per calendar year and not more than three (3) consecutive days per sale. (D) Conditional uses. The following conditional uses shall be permitted in the OC District subject to the provisions of Section 5 of this ordinance: (1) Bed and breakfast inn, provided that: (a) The structure is either regulated by the Historic Preservation Ordinance or is listed on the National Register of Historic Places; . (b) The property has a full-time resident owner or resident manager; (c) The structure has a minimum total floor area of four thousand five hundred (4,500) square feet, with not more than one sleeping room for each seven hundred fifty (750) square feet of floor area to a maximum of nine (9) sleeping rooms; (d) Signage shall be limited to one wall mounted, projecting sign with not more than a forty-inch projecting or freestanding sign, per street frontage not to exceed eight (8) square feet in area, not internally illuminated, and with direct lighting only with sharp cut off luminance; (e) The permit shall not license the property for rental as a private club, museum, or tour home unless approved by the board; and (f) Parking shall be provided at a rate of one space per guest room. The parking shall be provided on-site or on a street frontage of the property, and should not intensify parking problems in the neighborhood. (2) Restaurant, provided that: (a) The parking group requirements can be met-[20]; (b) Carry out items shall not be dispensed through any drive-through or walk-up window; (c) Any outdoor seating shall be accessory to the indoor operation; (d) Opaque screening shall be provided for adjacent first floor residential uses in conformance with the site plan review provisions of Section 4-4 and 4-5 of this ordinance. (3) Bar/tavern, provided that: (a) The parking group requirements can be met-[20]; (b) A maximum area of two thousand two hundred (2,200) square feet in gross floor area shall not be exceeded; ( c) Any outdoor seating shall be accessory to the indoor operation; (d) Opaque screening shall be provided for adjacent first floor residential uses in conformance with the site plan review provisions of Section 4-4 and 4-5 of this ordinance. (4) 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 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) The 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; and (d) All licenses have been issued or have been applied for awaiting the outcome of the board's decision. (5) Private clubs, provided that: (a) The parking group requirements can be met-[20]. (6) Off-street parking of operable automobiles to serve a permitted or conditional use in this district, provided that: (a) No structure other than a screening or security fence or wall shall be erected on the premises; (b) Signage shall be limited to one (1) free-standing sign of no more than eight (8) square feet in size per drive opening, identifying the parking use, providing directions or marking entrances and exits thereto; and (c) A site plan shall be submitted and approved as provided in Section 4-4 of this ordinance. (7) Parking structures. (E) Temporary uses. The following uses shall be permitted as temporary uses in the OC District: (1) 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. (F) Bulk Regulations: Front Yard Setbacks Lot Area Lot Required Required In Square Lot Coverage Front Yard Required Rear Yard Building OC DISTRICT Feet Frontage As 0/0 Setback Side Yard Setback 0/0. Height In BULK REGULATIONS x 1,000 In Feet Lot Area In Feet. Setback (Ft) Lot Depth Feet Permitted Uses 3+ Faro. Residential 1.2/DU 50 10 3* 20 40 Church 20 100 50 10 10 20 40 All other permitted uses 50 10 3* 20 40 Conditional Uses B & B Inn Off-street parking lot Parking structure 10 3 (3') 40 All other conditional uses 50 10 3* 20 40 * = Plus one additional foot per floor above the second floor. = Plus one additional foot of setback for every foot in height above forty (40) feet with no part to exceed seventy-five (75) feet in height. (G) Parking requirements. See Section 4-2 of this ordinance; except that a twenty-five (25) percent reduction shall be allowed in the OC District for both permitted and conditional uses. (H) Signs. Signs shall meet the requirements of the OR Office Residential District as provided in Section 4-3 of this ordinance [] = Parking Group-Section 4-2 of this ordinance. (Ord. No. 24-85, S 1,5-20-85; Ord. No. 26-86, S 4, 4-7-86; Ord. No. 24-88, S 1, 5-2-88; Ord. No. 23-90, SS 17, 18,3-19-90; Ord. No. 8-91, S 1,2-4-91; Ord. No. 34-91, SS 2, 3,5-6-91; Ord. No. 40-91, S 6, 5-20-91; Ord. No. 47-91, S 1, 6-3-91; Ord. No. 69-91, SS 3,4,9-3-91; Ord. No. 61-92, S 1,8-3-92) Prepared by: Laura Carstens. City Planner Address: 50 W. 13th St.. City Hall Telephone: 589-4210 ORDINANCE NO. 35-05 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 2025 RADFORD ROAD FROM R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT TO OC OFFICE COMMERCIAL DISTRICT 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 R-1 Single-Family Residential District to OC Office Commercial District, to wit: Lot 1 of Lot 1 of Siegert Farms No.1. and to the centerline 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 16th day of May 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk ~~ Jeanne F. Schneider, City Clerk