Rockdale Road 1125 Rezone
1140 Rockdale Road
Dubuque, Iowa 52003
March 6,1999
Mayor and City Council
City Hall
Dubuque, Iowa 52001
Honorable Mayor and City Council Members:
Ref: the request to rezone Kinderland property at 1125 Rockdale Rd. from R-1 to OS
You have before you copies of the letter I sent to the Zoning Commission. In addition,
I am sending this letter which contains information discussed at the zoning meeting
but not in my original letter.
There was discussion pertaining to the building and parking lot design and the flow
of children in and out and to the play area. It was confusing to explain and under-
stand because there was no drawing. The enclosed drawing attempts to help make clear
what was being discussed.
Children presently are dropped off and picked up at front door. There is space at
front drive for parent temporary parking as children are delivered and picked up,
also for large truck deliveries, but not for permanent parking.
The parking lot for employees is at the left side. This same drive through in the
middle of the parking lot is also used for garbage truck dumpster pick-up, food
delivery trucks, and for children going to and from the front door via the side-
walk and then through the gate to the play area. THis driveway continues to the
back and behing the building at the lower level. Adjacent and behind the driveway
is the play area.
The doubts and concerns discussed, in addition to those in my first letter, were
about the traffic patterns, the parking ot use, the mingling of children and office
personnel, and the accessibility and safety problems this proposed rezoning to OS
would create for the children.
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Furthermore it was brought up by a Zoning Commission member that the map of the
area concerned is inaccurate. In truth, it does make it appear as if the OS lot
further south is opposite Kinderland; my house at 1140 Rockdale and my neighbor's
at 1130 Rockdale are actually directly across the street from Kinderland. Our houses
are parallel to the street, whereas the lots run at an angle.
It is my hope that together with my first letter and this further discussion, you
will agree with the unanimous recommendation of the Zoning Commission and deny
the request for rezoning the Kinderland property at 1125 Rockdale Rd. from R-1
to os.
Thank you for your attention to my rather lengthy descriptions.
Yours truly,
~ ht. ~
Ruth M. Hartig
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1140 Rockdale Road
Dubuque, Iowa 52003
February 20,1999
Zoning Advisory Commission
Planning Services
City Hall, Second Floor, 50 W. 13th Street
Dubuque, Iowa 52001
Members:
I live at 1140 Rockdale Road, across the street from Kinderland. I am opposed to rezoning
of 1125 RockdaleRo..ld(the Kinderland property) feom R-l Single'-Family Residential to OS
Office Service District for a number of reasons which I will discuss.
Before Kinderland was built, Patricia Mohr came before the Board of Adjustment to request
a Conditional Use Permit to make it possible for her to build a day care center on the
land in question. There was a large crowd of neighbors present at the hearing who objected
for a variety of reasons. Considerably more traffic and parking problems were among the
reasons, as was the problematic junction,of South Grandview, Rockdale Road, and the on
and off ramps to Highway 151. The Board of Adjustment granted the Conditional Use Permit
for a number of reasons and placed conditions on the site plan. One comment made was that
the problem of the afore mentioned junction was not theirs, but belonged to the traffic
department to solve. (It has not been solved.)
After Kinderland received the Conditional Use Permit, Patricia Mohr applied for a Zoning
Variance in orderto change her plan. She now wanted to extend the front of her building
to include a drive-through overhang which would reach to the city easement line instead
of back the number of feet specified by the ordinance. Only two neighbors appeared in
order to object. Many neighbors agreed with us but stated that it was a waste of time
to go to another meeting. They hld objected 01'iginal1y and in l'lrge numbers, but had lost
anyway, so what was the use! The Board of AdjustInent, after listening to arguments from
both sides, wisely agreed with our objections this time, and the variance was not granted.
Now Patricia Mohr has gone one step further. From Conditional Use in a residential area
she is now requesting rezoning from R-l to os. I suspect once again many neighbors will
object, but will think what's the use? I feel that when the Zoning Advisory Commission
considers all the factors, the will object to the change, as do T.
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Patricia Mohr requested the Conditional Use Permit originally because, she said, there
was a great need for day care at the south end of the city; that she was designing a
building for 100 children, 50 to begin with, and 50 more to be added as she expanded
to the downstairs walk out basement. Now she seems to have changed her mind. There
appears to be not such a need after all. This was, she said, the only location suit-
able on the south end of Dubuque; it also had the number of trees required by state law
for a day care center. In fact, the play area which is filled behind a retaining wall,
fenced and screened, is far removed from the tress growing at the bottom of the hillside.
Furthermore, the screening at the fence line is well into this valley, and does not
obscure the play area far on up the hill in the filled and retained land.
Among the conditions she was given fy the Board of Adjustlnent are several to which
she has not attended. In fact, she has received several requests and warnings from
City Hall, but has largely ignored them.l) There were supposed to be parking
spaces on the property. There are 13, but one is inaccessible because of the dumpsters'
location, and one more is virtually inaccessible because of the dumpsters. 2) The
dumpsters are supposed to be enclosed. Instead they are already, without additional
children or office personnel,often overflowing - and unenclosed! From my house, across
the street,I look straight at overflowing dumpsters cardboard boxes, and my front
yard is the recipient of diaper wrappings, band aids, etc. which fly about when the
garbage truck comes to empty the dumpsters. 3) The contractor's sign, after several
City Hall notices, was finally removed from the front lawn/city easement, only to be
stashed on the parking lot alongside the dumpsters. There were guidelines given by the
Board of Adjustment for an appropriate sign, but one has not yet appeared.
Additionally, for months a large piece of broken playground equipment was stored
alongside the dumpsters. The screening required by the Board of Adjustment is in
place for the neighbors on either side, but from across the street there is no
screening, just a view of the parking lot and the mess at the far end.
I am enclosing a copy of a Telegraph Herald article for your reading. My point in all
of this is to say that Kinderland has not been a good citizen and neighbor. Why should
it now be trusted to observe any new regulations pertaining to rezoning when it is not
meeting previous requirements.
I am also objecting for two other reasons that are out of Patricia Mohr's control.
1) During the summer months she appears to be more crowded. There are cars parked on
3
the street daily, and many more cars than the rest of the year turn around in my
driveway.Traffic in the early morning and evening is extensive. 2) Once the Kinderland
property is rezoned to OS, what is the argument to prevent the houses next door or
adjacent to me from being rezoned? For that matter, if the day care business ends,
what will prevent the entire building from becoming an office building? Isn't that
the way Single Family Residential neighborhoods become gradually changed and property
values of the residences reduced? (I recall that one of the arguments used to support
the granting of the Conditional Use Permit was that further up Rockdale Road closer
to Grandview there was already a dentists' office and a motel. Since then a house has
been removed and Conlon Construction has built an office building, beautiful as it is.
It and the dental office do have plenty of off street parking.)
I think my fear is realistic that the single-family residential neighborhood in which
I purchased my house could very well disappear if we allow rezoning at 1125 Rockdale
Road. Draw the line. Let's instead of rezoning because Patricia Mohr's original
plans aren't working out, enforce the conditions placed upon her when she was granted
her Conditional Use Permit. I implore you to preserve the integrity of the Single-
Family Residential R-1 area which makes up most of this neighborhood.
Yours truly,
~ 17( . fJa.a;;z
Ruth M. Hartig
tEA BRIEFS
Auditor: Kinderland ineligible
for certain funds it received
An investigation by the state auditor's
office has found a local child-care business
. was not eligiWe for certain federal funds it
received.
State Auditor Richard Johnson said
Kinderland Inc. was not eligible to receive
r~imbursements totaling $22,420 for the
fiscal year ending Sept. 30,1997.
The criteria for inclusion in the Child
and Adult Care Food Program required
that 25 percent of Kinderland's children
meet specific federal guidelines, which
they did not, according to Johnson.
During the audit period, Kinderland re-
ceived federal funds of $28,611 and served
74,740 meals and supplements to children
participating in the program.
Kinderland officials declined to com-
ment on the report. .
Andy Nielsen, of the state auditor's office,
said the next step in the process belongs to
the federal department of education. ,
"They will get together with Kinderland
to determine a resolution," Nielsen said. .
WD High School has new Web site
EPWORTH, Iowa - There is a new In-
ternet Web site address for Western
Dubuque County Community High School
- http://bobcat.w-dubuque.k12.ia.us.
Since 1996, Western Dubuque has oper-
ated a Web site featuring ongoing and im-
mediate school news and activities.
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I ~ i ~! ~ il Rezoning area
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Applicant: Patricia Mohr
Location: 1125 Rockdale Road
Description: To rezone property from
R-1 Single-Family Residential District
to OS Office Services District
Prepared by: Laura Carstens. Cltv Planner Address: Cltv Hall. 50 W. 13th Street Telephone: 589-4210
ORDINANCE NO. -99
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE
CITY OF DUBUQUE CODE OF ORDINANCES, BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED AT 1125 ROCKDALE ROAD, FROM R-1
SINGLE-FAMILY RESIDENTIAL DISTRICT TO OS OFFICE SERVICE 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 OS Office Service District, to wit:
Lot 1 of Lot 24 and Lot 1 of Lot 25 in Indian Park Subdivision, and to the center
line 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
bylaw.
Passed, approved and adopted this
day of
,1999.
Terrance M. Duggan, Mayor
Attest:
Mary A. Davis, City Clerk
1125rock.ord
40
Planning Services Division
City Hall. 13th & Central Avenue
Dubuque. Iowa 52001
(319) 589..E I 0
THE Crti' OF ~
DUBUQUE
~~~
PLANNING APPLICATION FORM
Zoning Board of Adjustment
Variance
Conditional Use Permit
Appeal
Special Exception
Limited Setback Waiver
ZO}ling Commission
V Rezoning
- Planned District
_ Preliminary Plat
_ Minor Final Plat
- Text/Plan Amendment
Development Services
_ Simple Site Plan
Minor Site Plan
Major Site Plan
_ Major Final Plat
/t) P<')L~A~E ~PE OR PRINT LEGIBLY IN INK. J
t-tr../UCltU ohr Telephone: !Sf! q~L// I1-r)
. 'if},' . ~':ote.JaJ ziP~CXJI
Telephone:
Applicant/Agent:
Address: City: State: Zip:
Site Laeation/Address. !/G?5. RJl.eJc.dd~7?~_
~ dCLJ Q9003
Existing Zoning. _{- / Proposed Zoning. 0 - ~5
Legal Description (metes and bounds. r lot number/block number/subdivision):
- . - - t CD
Total Property Clot) Area (Sq. Feet or Acres):
Z.7/8B
Number of lots: Z
Describe proposal and reason necessary (attach letter of explanation if needed): 7't:> RC-I..D/,J-t:
:p.r;;:p(tE:'P"'-f ~f('ON\ ~- I ~ -:'1 u{.:;J ~ fwAM ,.....1' t=Z.t5:".\ ~~ ,~ -r /6 L- ~ tJ-5::-
f)~r::1t ~ S e'~ ,(J; .p ,.s. ,..~,(...-r .
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 a 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:
Date:
Date:
t$ F~R OFFICE USE ONL: - APPLICATION SUBMITTAL CHECKLIST
Fee: Zloz., Received by: ~ ~f;"-,,,^,, A-f Date: 1,1 20 ,/0/1 Docket:
Property Ownership List: /' Site Plan: Floor Plan: Plat:
Conceptual Development Plan: Improvement Plans: Other:
~('r\'i(e
People
Integrity
~esponsibility
Innovation
Teamwork
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os
Applicant: Patricia Mohr
Location: 1125 Rockdale Road
Description: To rezone property from
R-1 Single-Family Residential District
to OS Office Services District
REZONING STAFF REPORT
Zoning Agenda: March 3, 1999
Property Address: 1125 Rockdale Road
Property Owner: Patricia Mohr
Applicant: Patricia Mohr
Proposed Land Use: Office/Daycare
Proposed Zoning: OS
Existing Land Use: Daycare
Existing Zoning: R-1
Adjacent Land Use: North - Residential
East - Office/Residential;
South - Residential;
West - Residential.
Adjacent Zoning: North - R-1;
East - OS; South - R-1; West R-1
Former Zoning: 1934 - multi-family
1975-R-2
1985 - R-1
Total Area: .65 acre
Property History: The subject property was granted conditional use permit to allow the
operation of a daycare center on October 27, 1994. Prior to the construction of the
daycare center, the site was vacant.
Physical Characteristics: The subject property is comprised of two lots that have
frontage on Rockdale Road. A substantial amount of fill was placed on the site to
create a level building area. The property generally slopes to the southwest.
Concurrence with Comprehensive Plan:
This parcel is not included in the 1995 Comprehensive Plan.
Impact of Request on:
Utilities: Existing utilities are adequate to support subject site.
Traffic Patterns/Counts: The subject parcel has frontage on Rockdale Road which
is classified as a collector street. The 1997 lOOT traffic counts indicate that 3,240
average daily traffic on Rockdale Road. The count was taken at a point just south
of the Moraco Restaurant.
Public Services: Existing public services are adequate to serve the site.
REZONING STAFF REPORT
Page 2
Environment: Staff did not adverse impact to the environment as the requested
change does not involve any physical changes to the property.
Adjacent Properties: The requested rezoning could impact adjacent properties
through the generation of additional vehicle trips to and from the site.
CIP Investments: None proposed.
Staff Analysis: The applicant is requesting rezoning of the subject parcel from R-1
single family residential to OS Office Service District. The subject property is currently
utilized as a daycare center and received a conditional use permit from the Zoning
Board of Adjustment in October, 1994.
The applicant is requesting the rezoning of the subject parcel to OS Office Service to
permit the renting out of available space within the building for appropriate office uses.
The OS District has a very short list of permitted uses that only allows office uses,
barber/beauty shops and schools of private instruction.
The surrounding property is primarily developed for residential uses; however, there is a
portion of the property across the street zoned Office Service and is the site of the
Rockdale Dental Center.
If the rezoning is approved prior to any new office use locating within the structure, staff
would have to verify that there is sufficient off-street parking available.
Staff recommends that the Zoning Advisory Commission review Section 6-1.1 of the
zoning Ordinance which stipulates criteria for reviewing rezoning requests.
Prepared by: #- ~
Reviewed: ~A
Date: Z ./g...qq
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1140 Rockdale Road
Dubuque, Iowa 52003
February 20,1999
Zoning Advisory Commission
Planning Services
City Hall, Second Floor, 50 W. 13th Street
Dubuque, Iowa 52001
Nembers:
I live at 1140 Rockdale Road, across the street from Kinderland. I am opposed to rezoning
of 1125 Rockdale Road(the Kinderland property) from R-l Single-Family Residential to OS
Office Service District for a number of reasons which I will discuss.
Before Kinderland was built, Patricia Nohr came before the Board of Adjustm~~~~ to. r~quest
a Conditional Use Permit to make it possible for her to build a day care center on the
. "~~' ,- . . ~ -. ~"
land in question. There was a large crowd of neighbors present at the hearing.who~bjected
';'_.,1.
for a variety of reasons. Considerably more traffic and parking problems were among the,
reasons, as was the problematic junction o~ South Grandview, Rockdale Road, an? the on
and off ramps to Highway 151. The Board of Adjustment granted the Conditional Use Permit
for a number of reasons and placed conditions on the site plan. One comment made was that
the problem of the afore mentioned junction was not theirs, but belonged to the traffic
department to solve. (It has not been solved.)
After Kinderland received the Conditional Use Permit, Patricia Mohr applied for a Zoning
Variance in orderto change her plan. She now.wanted to extend the fr~nt of ,her, Lbuild~ng,r,
to include a drive-through overhang which would reach to the city easemen~,l~ne instead
of back the number of feet specified by the.ord.it;l.ance. Only two neighbors ,a.-PP,e~red .in '":'"
. h _. .. _J '.' "' _'__ ".. :
order to object. Many neighbors agreed with us but stated that it was a waste of time
to go to.another meeting. They had objected originally and in large numbers, but had lost
anyway, so what was the use! The Boardo~~djustment, after listening to argu~e?ts ,from
both sides, wisely agreed with our objections this time, and the variance was not granted.
. i "'-... "
Now Patricia Nohr has gone one step further. From Conditional Use in a residential area
,_~l
,:,,J
she is now requesting rezoning from R-l to OS. I suspect once again many neighbors will
object, but will think what's the use? I feel that when the Zoning Advisory Commission
,.-
considers all the factors, the will object to the change, as do I.
~;; _ .' :'t
2
Patricia Mohr requested the Conditional Use Permit originally because, she said, there
was a great need for day care at the south end of the city; that she was designing a
building for 100 children, 50 to begin with, and 50 more to be added as she expanded
to the downstairs walk out basement. Now she seems to have changed her mind. There
appears to be not such a need after all. This was, she said, the only location suit-
able on the south end of Dubuque; it also had the number of trees required by state law
for a day care center. In fact, the play area which is filled behind a retaining wall,
fenced and screened, is far removed from the tress growing at the bottom of the hillside.
Furthermore, the screening at the fence line is well into this valley, and does not
obscure the play area far on up the hill in the filled and retained land.
Among the conditions she was given fy the Board of Adjustment are several to which
she has not attended. In fact, she has received several requests and warnings from
City Hall, but has largely ignored them.l) There were supposed to be ___ parking
'.,., ,
spaces on the property. There are 13, but one is inaccessible because of ~he dumpsters'
location, and one more is virtually inaccessible because of the dumpsters. 2) The
dumpsters are supposed to be enclosed. Instead they are already, without additional
children or office personnel,often overflowing - and unenclosed! From my house, across
the street,I look straight at overflowing dumpsters cardboard boxes, and my front
yard is the recipient of diaper wrappings, band aids, etc. which fly.about when' the
garbage truck comes to empty the dumpsters. 3) The contractor's sign, after several
City Hall notices, was finally removed from the front lawn/city easement, only to be
stashed 'on the parking lot alongside the dumpsters. There were guidelines given by the
Board of Adjustment for an appropriate sign, but one has not yet appeared.
Additionally, for months a large piece of broken playground "equipment was stored
alongs ide the dumps ters. The screening required by the Board of Adj us t"~~zl.'t .. is in
place for the neighbors on either side, but from across the street there is no
. .... ..
screening, just a view of the parking lot and the mess at the far end.
, ..l
. ., 'J f' '.
I am enclosing a copy of a Telegraph Herald article for your reading. My point in all
of this is to say that Kinderland has not been a good citizen and neighbor. Why should
it now be trusted to observe any new regulations pertaining to rezoning when it is not
.:.
meeting previous requirements.
J .", ~ F ~ ':
I am also objecting for two other reasons that are out of' Patricia Mohr's control.
1) During the summer months she appears to be more crowded. There are cars parked on
, ~
.
3
the street daily, and many more cars than the rest of the year turn around in my
driveway. Traffic in the early morning and evening is extensive. 2) Once the Kinderland
property is rezoned to OS, what is the argument to prevent the houses next door or
adjacent to me from being rezoned? For that matter, if the day care business ends,
what will prevent the entire building from becoming an office building? Isn't that
the way Single Family Residential neighborhoods become gradually changed and property
values of the residences reduced? (I recall that one of the arguments used to support
the granting of the Conditional Use Permit was that further up Rockdale Road closer
to Grandview there was already a dentists' office and a motel. Since then a house has
been removed and Conlon Construction has built an office building, beautiful as it is.
It and the dental office do have plenty of off street parking.)
I think my fear is realistic that the single-family residential neighborhood in which
I purchased my house could very well disappear if we allow rezoning at 1125 Rockdale
Road. Draw the line.
Let's instead of rezoning because Patricia Mohr's original
plans aren't working out, enforce the conditions placed upon her when she was granted
her Conditional Use Permit. I implore you to preserve the integrity of the Single-
Family Residential R-1 area which makes up most of this neighborhood.
Yours truly,
~ Tr( . JJaa;p
Ruth M. Hartig
_.m,__._ ___~~ _._____
-:;;'; " ", ,. ,
<j.:
: ~'~:";"-;
tEA BRIEFS
Auditor: Kinderland ineligible
for certain funds it received
An investigation by the state auditor's
office has found a local child-care business
. was not eligible for certain federal funds it
received. "
State Auditor Richard Johnson said
Kinderland Inc. was not eligible to receive
reimburl!ementstotaling $22,420 for the
fiscal year ending Sept. 30, 1997.
The criteria" for inclusion in the Child
and Adult Care Food Program required
that 25 percent of Kinderland's children
meet specific federal guidelines, which
they did not, according to Johnson.
During the audit period, Kinderland re-
ceived federal funds of $28,611 and served
.,
~I
74,740 meals and supplements to children
participating in the program.
Kinderland officials declined to com.-
ment on the report. .
Andy Nielsen, of the state auditor's office,
Said the next step in the process belongs to
the federal department of education. .
"They will get together with Kinderland
to determine a resolution," Nielsen said. :
b site
j"
.I
Planning Services Department
50 West 13th Street
Dubuque, Iowa 52001-4864
Phone (319) 589-4210
Fax (319) 589-4149
5U~%duE
~~~
March 10, 1999
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13th St.
Dubuque IA 52001
RE: Rezoning -1125 Rockdale Road
R-1 Single-Family Residential District to OS Office Service District
Patricia Mohr
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 stating that a portion of the first floor of the
day care would be remodeled for office use and would have a separate entrance from
the day care. The applicant noted that there are existing offices just north of her
property on the east side of Rockdale Road.
Ruth Hartig, 1140 Rockdale Road, spoke in opposition to the request. She felt that the
requested rezoning to OS Office Service would represent a spot zone on the west side
of Rockdale Road, this area is predominantly residential, that the applicant is not in
compliance with her previously approved Conditional Use Permit, and that there is not
sufficient parking for a new office use.
Staff reviewed the allowed uses in the OS Office Service district and parking
requirements.
The Zoning Advisory Commission discussed the request noting that there is no OS
zoned property on the west side of Rockdale Road directly across the street from the
day care. Several Commissioners expressed concern with mixing office uses and the
day care facility in the same structure. They noted that the applicant received a
Conditional Use Permit for a day care, and that rezoning to OS Office Service would
represent a gradual intensification of the use of this property that is predominantly
surrounded by single family homes.
Recommendation
Bya vote 7 to 0, the Zoning Advisory Commission recommends that the City Council
deny the rezoning request.
Service
People
In tegri ty
Responsibility
Innovation
Team work
The Honorable Mayor and City Council Members
March 10, 1999
Page 2
A simple majority vote is needed for the City Council to concur with the Commission's
recommendation of denial without a public hearing. A three-fourths majority vote is
needed for the City Council to overturn the Commission's recommendation and
approve the rezoning request after a public hearing.
Respectfully submitted,
,J"JA"l. ~)
0~J.C
Jeff Stiles, Chairperson
Zoning Advisory Commission
Attachment