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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. i I1.--C( I / f ",r--- J2 ~r , --/c) ~/ h ~ f-z CL) 0 f {~ fJ} / (-0 C .( P7 C / / :2 pOtf'r'S r /L< S :J... ( cI ( Cl~\--; I-j 0 -r Iv.) uSe. po..rJ! /II.[ IDf I Y hoc K (1ore-i 7 c/rl ()~) ) PI -.e C) ~ <::_~ (6 f/j '/-t.?) r- eo (l ,1 (' " / rY1 ~ YV\ b ...I; S . 2 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 () ~: CJ'< &0 cO ,..., ....\_,,! ~...-"'" r- ill U) _0 )> -~ o. 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J_ ~~. , /j j;(})tJ'f7~~___ ~ ~ c~ ~o ' 17(... ~ /"'J. ~~,~ ~~ t:5 0 , 0'0 ~~ '\', ' ?... ~ " ~~ \ 'n \...."".. , \';,-' l~ \ '\ \ \ '. l. \ ~ -- , -~ ~ & b -:), .A- 4 9- \ .V \ t ~ ~ 3: 9 --") ~ \ rl) '~ - ~ v-. \ Q C -t'- IL. o 1) , ,m '1'0 '~ -." 'b ~ Ii) ~ -t ,~ '\ 4- '\f ~, 5k. '), ~, 'It> c:. J ~ l I J /, b - ..,. ~~ G) ~ c "} ~.~ Q n \ {j) c- U1 :51_ - (\) d; c ,~ . E. ~- .5 ~ '- +. ~t:r '_ ----r (\) ::J, o~ 8 =*" -' L!:) ::r- .~ IP ....., o c:;;: ~ .QL. 4. ~ ~ ~. ~. -:s + o --\-' ~, ~ ~ ~ - 'f'> -Ce- .. q~,l e.~ fJ ~ ~- ~'k ~ ~. ~ l~ ~a t~ .~ "'t /-) ,~. ~ s I) (lJ ~/f) ./ ~ / -'" 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. / .g--~ / -<2. i l-R y Ie) -{ h -J2.. ~ 0 r) / P!::J C () YYl rn / S S ./'C6? I "3 f'V CJ..f () -S pI L( .s :z (hf<-us;qCV'~r Orl '_I.. y r/C1't) PI ';'2(..1:; <? c 6 r) ~':) ,,_ (- 0 L( y) c ; / r).- 7<,;' /- Y) b -{> I 0 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 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. ...----- -.---- . , )--'--7.~--- ~ )0 R-1 o [lR-1 dJ I ~ i ~! ~ il Rezoning area \ \ os 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 /o~.....k~,.r ~ [;. A' (J' !. 9 ~~~~- ,....,.'.N [J 1)((001',(;,"1111: ".n}~"lIlOO: Vl'~~,,1': ~."'" .~..... I LJ jO R-1 o &~1 dJ \ ! ~ ~ ~ ~! ~I Rezoning area 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 J ~ - (' 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