Zoning 2011 - 2015 Radford Rd., Arzu, Scott
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 C -~
DlTS1JQDE
~~~
June 10, 2005
,~-}
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13th Street
DubuquelA 52001
r-"
-;'-.
. .
RE: Rezoning
Applicant: Alan Arzu/Patricia Scott ,L'
Location: 2011/2015 Radford Road
Description: To rezone property from R-1 Single-Family Residential District to 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
Staff reviewed the request, noting the surrounding zoning and land use. Staff indicated
that there have been substantial changes to the area in terms of new commercial
development and the construction of a new middle school.
There were no public comments.
The Zoning Advisory Commission discussed the request, noting that the adjacent
property to the north was recently rezoned to OC Office Commercial and this request is
consistent with changes occurring in the area.
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.
Respectfully submitted,
J~Chai~
Zoning Advisory Commission
Attachments
Service
People
Integrity
Responsibility
Innovation
Teamwork
Prepared by: Laura Carstens. City Planner Address: 50 W. 13th St.. City Hall Telephone: 589-4210
ORDINANCE NO. 41-05
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF
THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING
HEREINAFTER DESCRIBED PROPERTY LOCATED AT 2011 AND 2015
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 ot 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 ot Siegert Farms No.2, and to the centerline of the adjoining
public right-at-way, all in the City ot 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 20th day of June
2005.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
Du~~
~<k~
Oty of Dubuque
Planning Services Department
Dubuque, LA 52001-4864
Phone: 563-589-4210
Fax: 563-589-4221
PLANNING APPLICATION FORM
o Variance
DConditionat Use Permit
DAppeal
DSpecial Exception
DUmited Setback Waiver
~ezonin9
DPlanned District
DPreliminary Plat
DMinor Anal Plat
DText Amendment
DSimple Site Plan
DMinor Site Plan
o Major Site Plan
o Major Anal Plat
DSimple Subdivision
DAnnexation
DT emporary Use Permit
DCertificate of Economic Non-Viability
DCertificate of Appropriateness
DOther:
Please tvoe or orint leaiblv in ink
Property owner(s): P~+r I r:la ,C; CD H Phone: :56l-1 fi). tftfl.j5
Address: rA 0 /5 R ad !iJrd Oty: D 80.. State: I A Zip: 6c9-/)O J.
Fax Number: ?/S 2- 7 ty). q q 4 5 Mobile/Cellular Number: 362 - 5JL/ - If 30/
Applicant/Agent: Alan S. /tv Z~L- ' Phone: 51P3 5f2 'I21.J~
Address: '7 J 5 lAIesf. Loca Sf Oty: DPf) State: LA- Zip: 5Z/XJ /
Fax Number: S03 582IY3tb Mobile/CellularNumber;.3b3 6tjq /IJ/&
Site IOCiJtiOn/address?OII/20? 5 R.a.d fprti luL
Existing zoning: ~ 'Prbposed. zoning: 0 C-. Historic District: -J-lO Landmark: ~
101 /6/-/
I ID# or lot number/block number/subdivision):
'if/)/
. 5 OtCr.e..
Total property (lot) area (square f-eet or acres):
Describe proposal and reason necessary (attach a letter of explanation, if needed):
. CERTIFICATION: I/we, the undersignedi 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.
Property Owner(s):
Applicant/Agent:
A \{(h
A r Z-tL
Date:
Date:
.5 /&'';05
1.. FOR OFFICE USE ONLY - APPUCATION SUBMmAL CHECKUST
Fee~~. ~ Received by: ~ Date::8SJ'l1 'h..::SDocket:
/..
DSite/sketch plan 0 Conceptual Development Plan o Photo o Plat
Dlmprovement plans DDesign review project description DFloor plan o Other:
,.~.:,.
May 6, 2005
To Whom It May Concern:
I, Patricia R. Scott, authorize my son Alan Arzu to apply, represent in person
and do all necessary transactions to apply far rezoning of the following
properties: 2011 and 2015 Radford Rd., Dubuque, Iowa.
I am in the pracess of purchasing these properties and wish ta have them
rezoned. ( O-C.) This area, particularly Radford Road and
intersection with Pennsylvania has already been designated and zoned for
commercial & industrial. Radford heading South is mostly all commercial at
this time. All building directly across the street from these 2 properties are
commercial and most of the rest of the block. My goal is to have both
properties rezoned to light commercial.
My intent is to either start my own business or rent for a small business
usage. Both properties have enough land to develop parking and update to
building and fIre code for commercial use. Example of potential businesses:
T Shirt screening Shop, insurance agency, real estate offices. . . florist, etc. etc.
1 would like the board to consider my application for re-zoning; a move in
the right direction. This area is fast growing, and facilities to help
entrepreneur is very much needed. Rezoning and opening this opportunity is
a great asset to the growth of the Dubuque community. It will develop more
jobs, income for the city, etc.
~l
i
f
c.
cu
:E
~
+II
.-
:t::
o
()
en
ro
u
'C
+-'
ro
a..
-
:J
N
L-
<(
C
ro
<(
s::
.-
(J
.-
>
+-'
C
ro
U
a.
a.
<(
c
o
+:i
ro
()
o
-1
<:]z
"0
ro
o
0'::
"E
.E
"0
ro
0'::
LO
T'""
o
N
-
T'""
T'""
o
N
EU
O'C
L- +-'
'+- CJ) .
~o' t>
t 'C
O)-+-'
ro (()
0..- .-
0+-'0
L- c
0.0)-
0) "0 .ro
.- u
c CJ) L-
00)0)
NO'::E
~~E
o'E 0
r-roO
. . u. 0)
C I U
o 0).-
.- Ol~
o..cO
'0 en 0
CJ)T'""O
0) I 0
OO'::+-,
o
E
"0
0)
C
o
N
0)
L-
(])
.n
o
+-'
ro
0)
L-
ro
"0
0)
CJ)
o
a.
o
L-
a..
o
CJ)
:!:
~
+-'
~
L-
:J
.n
CJ)
<(
'+-
o
~
+-'
IUillill~
N
.
<.J <.J
a.. ~
()
0
a:::
0
LL
0
~
a~o.::lav~
OTI
-
ct:
~
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 Qnly-[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)-(I9]
(11) Confectioneries-[I9]
(12) Commercial art galleries-[I7]
(13) Clothing/accessory stores-[I7]
(14) Shoe stores-[I7]
(15) Jewelry stores-[17]
(16) Sewing/fabric stores-[ 17]
(17) Book/stationery stores-[I7]
(18) Gift/souvenir shops-[I7]
(19) Toy-hobby shops-[I7]
(20) Sporting goods (sales/rental)-[ 17]
(21) Bicycle shops (sales/rental)-[17]
(22) Camera/photo supply stores-[I7]
(23) Flower shops-[17]
(24) Antique shops-[27]
(25) Fumiturelhome furnishings-[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 qf 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% Setback Side Yard Setback % Height In
BULK REGULATIONS x 1,000 In Feet Lot Area In Feet. Setback (Ft) Lot Depth Feet
Permitted Uses
3+ Fam. 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, ~ 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, ~~ 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)
REZONING STAFF REPORT
Zoning Agenda: May 4, 2005
Property Address: 2011-2015 Radford Road
Property Owner: Alan Arzu/Patricia Scott
Applicant: Same
Proposed Land Use: Office/Commercial
Proposed Zoning: OC
Existing Land Use: Residential
Existing Zoning: R-1
Adjacent Land Use: North - School Facility
East - Commercial
South - Residential
West - School facility
Adjacent Zoning: North -OC
East - Planned Commercial
South - R-1
West- R-1
Former Zoning:
1934 - County; 1975 - AG; 1985 - AG
Total Area:
Property History: The subject property has been used for residential purposes
since its annexation into the City of Dubuque.
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 parcel
recently rezoned to OC 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 - 2011-2015 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. The subject property has
the new middle school under construction directly to their west. Across the street, the
new Pizza Ranch recently opened for business. The adjacent parcel to the north was
approved for rezoning to the OC District at the May 16th City Council meeting.
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 residential buildings are 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
has 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: '121' ~
Reviewed: P 11
,
Date: 5-Pl~S-