Sweeney 2551 Rockdale Rezoning~~~-`~~I'JEf~
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
planningQcityofdubuque. org
www.cityofdubuque.org
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THE CITY O__ ~ !~ r T}~-~
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March 9, 2007
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque IA 52001
Applicant: Betty Sweeney
Location: 2551 Rockdale Road
Description: To rezone property from R-1 Single-Family Residential District to C-3
General 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 location of the parcel to be
rezoned and surrounding zoning and land use.
There were several public comments both in favor and against the proposed rezoning.
Persons speaking in support cited the changing nature of the area, while those in
opposition were concerned about potential impact of uses allowed by the C-3 District on
surrounding property.
Staff reviewed recent changes in zoning and location of City limits relative to the subject
parcel proposed for rezoning. Staff reviewed the permitted uses allowed by the C-3
District.
The Zoning Advisory Commission discussed the existing land uses along Rockdale
Road, the surrounding zoning and the uses permitted in a C-3 District. Commissioners
discussed the request, noting that the subject parcel is adjacent to residential
development on three sides and rezoning was not appropriate because of the intense
uses permitted in a C-3 District.
Recommendation
By a vote of 4 to 0, the Zoning Advisory Commission recommends that the City Council
deny the request.
Service People Integrity Responsibility Innovation Teamwork
2551 Rockdale Road
March 9, 2007
Page 2
A simple majority vote is needed for the City Council to concur with the Commission's
recommendation to deny the rezoning. A super majority vote is needed to approve the
requested rezoning.
Respectfully submitted, " " ~
`" ~ ~r
Jeff Stiles; ~Viee Chairperson
Zoning Advisory Commission
Enclosures
THE CITY OF
DUB E
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^ Variance
^Conditional Use Permit
^Appeal
^Speaal Exception
^Limited Setback Waiver
PLANNING APPLICATION FORM
ezoning
Planned District
^Preliminary Plat
^Minor Rnal Plat
^Text Amendment
Please tvue or print legibly in ink
Property owner(s):
Address:
^Simple Site Plan
^Minor Site Plan
^ Major Site Plan
^ Major Final Plat
^Simple Subdivision
Gty of Dubuque
Planning Services Departnmerrt
Dubuque, IA 52001-4864
Phone: 563-589-4210
Fax: 563-589-4221
^Annexation
^Temporary Use Permit
^Certifipte of Economic Non-Viability
^Certificate of Appropriateness
^Other:
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Fax Number: ~~~ ~ Mobile/Cellular Number: ~n~" S~~-` ~ b
Applicant/Agent:
Address:
Fax Number:
Phone:
City: State: Zp:
Mobi{e/Cellular Number:
Ste location/address: ~ ~ 1 ~ ' \ ~~~1,~
Existing zoning: ~--' 1 Proposed zoning: ,~_ Historic District: ,J,1 r1 Landmark: IJ C~
Y
Legal Description rr(Sidwell parcel ID# or lot number/block number/subdivision):
Id --(71 -~~ n ~~Qi
Total properly (lot) area (square feet or acres): 3 ~ ~ i o~ Q ~.
Describe pp~~-opos~ and reason necessary (attach a letter of explanation, if needed): T l~zo.1 ~
C>=RT'IFICAT'ION: I/we, the undersigned, do hereby certify that:
1. The information submitted herein is true and wrrect to file 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): Date:
Applicar>t/Agent: Date:
~~; A FOR OFFICE USE LY - A CATION SUBMITTAL CHECKLIST
(~~ Fee:~° ° - ~ Received by Date' - 2la -~ Docket'
^Site/sketch plan ^ Co ptual elopment Plan ^Photo ^Plat
^Improvement plans ^Design review project description ^Floor plan ^Other:
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Planning Services Department
50 West 13~' Street
Dubuque, IA 52001
We want to change the zoning to a C3 because the businesses that
surround the land are all C3. It is 36 by 100 square feet which is enough room for
four houses.
Tschiggfrie has a large area of land on the left side of the property. It is a
hay field right now. Roeder implement is across the street. There is a trailer court
behind the property, and Leonard Funeral Home is on the right.
A house wouldn't look right with all of the C3 commercial businesses. It
could take away value of a house.
The property has been vacant for many years. I have asked for a sewer to
be put by the property but I haven't heard anything yet.
Thanks,
Betty Sweeney
10524 Key West Dr.
Dubuque, IA 52003
Planning Services Department
50 West 13th Street
Dubuque, IA 52001
If the land is re-zoned to a C3 commercial, we plan on doing many things
to help improve it.
We would plant tall Cedar trees, shrubs, and flowers. We would also add a
fence for privacy.
We would talk and listen to the neighboring businesses to see if the
property affects them in a positive or negative way. If negative, we would do
something about it.
I will promise that our property will not be a problem to others. I will also
go by the Section Three District Regulations.
Thanks,
~~~
Betty Sweeney
10524 Key West Dr.
Dubuque, IA 52003.
Planning Services Department
50 West 13th Street
Dubuque, IA 52001
We are very sorry that we let Roeder Farm Machinery on our R1 single-
family land. We wanted to help our neighbor's business expand for a small
amount of time while he was looking for more land. They used the land to display
new machinery so it would look nice.
Now we know that it was wrong, and we will never let it happen again
without a C3 commercial district. We would really like a second chance.
Thanks,
Betty Sweeney
10524 Key West Dr.
Dubuque, IA 52003
THE CITY OF ~'_
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Vicinity Map
Applicant: Betty Sweeney
Location: 2551 Rockdale Road
Description: To rezone property from R-1
Single-Family Residential District to C-3
General Commercial District.
® Proposed Area to be Rezoned
„,~xea Mm?5,
.~ gp~ Zoning Boundary
Q CityLimits
REZONING STAFF REPORT
Zoning Agenda: March 7, 2007
Property Address
Property Owner
Applicant:
2551 Rockdale Road
Betty J. Sweeney
Same
Proposed Land Use: Commercial
Existing Land Use:
Adjacent Land Use:
Vacant/Commercial
North -Vacant
East -Commercial
South - Commercial
West -Residential
Former Zoning
1934 -County AG
1975 -County AG
1985 - R-1
Proposed Zoning: C-3
Existing Zoning: R-1
Adjacent Zoning: North - R-1
East - B-2
South - R-1
West - PR
Total Area: 36,100 sq. ft.
Property History: The property was located in the County until its annexation in 1979.
At the time of annexation, there was asingle-family home and detached garage on the
property. Subsequent to the annexation in 1979, the single-family dwelling was
demolished leaving a 20' by 36' detached garage on the lot. In the last 12-18 months,
equipment from Roeder Outdoor Power, located across Rockdale Road, has been
illegally stored on the property.
Physical Characteristics: The property has approximately 132 feet of frontage along
Rockdale Road and is in excess of 400 feet deep. The property is relatively level.
There is no curb and gutter along Rockdale Road.
Concurrence with Comprehensive Plan: The Comprehensive Plan calls for this area
to be single-family residential.
Impact of Request on:
Utilities: There is adequate water available at this site; however, sanitary sewer
terminates approximately 1,000 feet north of the subject property along Rockdale
Road.
Traffic Patterns/Counts: IDOT 2005 annual average daily traffic counts indicates
5,200 vehicle trips per day along Rockdale Road directly south of the subject
Rezoning Staff Report - 2551 Rockdale Road
Page 3
and the expansion of Roeder Outdoor Power. There is also a small retail store and a
convenience store along Rockdale Road south of the subject property.
If the rezoning were to be approved, the redevelopment of this property would require
that a site plan be submitted and all display area must be paved. It is likely that
development of the subject property would be required to be screened from the
adjacent residentially zoned property. However, the potential noise, activity and
intensity of use generated by some C-3 uses may have a negative impact on the
adjacent mobile home park and also impact the future development of the large R-1
zoned tract of land directly north of the subject property.
Staff recommends the Commission review the criteria established in Section 6-1.1 of
the Zoning Ordinance for granting a rezoning.
Prepared by: ~~~~~4~-~ Reviewed: ~ Date:_~•ZB•o'!
SECTION 3. DISTRICT REGULATIONS
3-3. Commercial District.
3-3.3. C-3 General Commercial District:
(A) General Purpose And Description: The C-3 district is intended to provide commercial uses
which are designed to serve the motoring public or uses requiring highway or arterial
locations for their most beneficial operation and which cannot be more appropriately located
in other commercial districts.
(B) Principal Permitted Uses: The following uses shall be permitted in the C-3 district:
(1) Railroads and public or quasipublic utilities including substations-[47].
(2) Residential uses above the first floor only-[6].
(3) Mortuary/funeral home-j6].
(4) Museum library-[13].
(5) Schools of private instruction-j4].
(6) Private club-[20].
(7) General offices-j14].
(8) Medical office/clinic-[36].
(9) DentaUmedical lab-[8].
(10) Personal services-[14].
(11) Bazber/beauty shops-[16~.
(12) Motel-[24].
(13) Gas station-[18].
(14) Retail sales/service-[17).
(15) Laundry/dry cleaner-[19].
(16) Shoe repair-[18].
(17) Bakery (wholesale/commercial)-[19].
(18) Indoor restaurant-[20].
(19} Baz/tavern-[20].
(20) Automated gas station-[l8].
(21) Service station-j21 ].
_ (22) Supermarket-[17].
(51) Auto service centers (TBA}-[34].
(52) Auto sales/service-[38].
(53) Auto repair/body shop-[35].
(54) Truck sales/service and repair-[39].
{55) Farm implement sales and service-[39].
(56) Mobile home sales-[40].
(57) Motorcycle sales and service-[41].
(58) Boat sales and service-[40].
(59) Recreational vehicles sales and service-[39].
(60) Vehicle rental-[47].
(61) Upholstery shop-[42].
(62) Local shopping center-[17].
(63) Parking structures-[n/a].
(64) Contractor shop/yard-[33].
{65) Wholesale sales/distributor-[29].
(66) Agricultural supply sales-[19].
[ ] Pazking group -see section 4-2 of this ordinance.
(C) Accessory Uses: The following uses shall be permitted as accessory uses as provided in
section 4 of this ordinance:
(1}Any use customazily incidental and subordinate to the principal use it serves.
(D) Conditional Uses: The following conditional uses are permitted in the C-3 district, subject to
the provisions of section 5 of this ordinance and are the minimum requirements for
application to the board of adjustment for a conditional use permit:
(1) Outdoor recreation/outdoor amusement center provided that:
(a} Hours of operation shall be limited, 8:00 a.m. to 12:00 midnight, unless further
limited by the board of zoning adjustment.
(b) The parking group requirements can be met-[37].
[ ]Parking group -See section 4-2 of this ordinance.
(2) Group daycare center provided that:
Front yard setback: 20 feet
Side yazd setback: 0 feet*
Rear yazd setback: 0 percent lot depth*
Building height: 40 feet
*Except where abutting a residential or office residential district, then six-foot side yard and
twenty (20) percent lot depth reaz yard setbacks required.
(G) Parking requirements. See Section 4-2 of this Ordinance.
(H} Signs. See Section 4-3 of this Ordinance.
Prepared by: Laura Carstens. City Planner Address: City Hall. 50 W. 13th St Telephone: 589-4210
Return to: Jeanne Schneider. City Clerk Address: City Hall- 50 W. 13 St Telephone: 589-4121
ORDINANCE NO. 07
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF
THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING
HEREINAFTER DESCRIBED PROPERTY LOCATED AT 2551 ROCKDALE
ROAD FROM R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT TO C-3 GENERAL
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 C-3 General Commercial District,
to wit:
Lot 1-2-1-1-1-1-2 of Mineral Lot 483, 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 day of 2007.
Attest:
Roy D. Buol, Mayor:
Jeanne F. Schneider, City Clerk
` cam'
AND CREMATION SERVICE
2595 Rockdale Road
Dubuque, IA 52003
Phone (563) 556-6788
Fax .(563) 556-5287
Patrick A. Leonard
Funeral Director
Dubuque County Zoning
Advisory Commission
Re: Rezoning of property at 2551 Rockdale Road
L~ ~ 15 ~ V t5
r E B 2 1 2001
INNINGI ERVICES DfEFARTMENT
Feb. 20, 2007
I received a notice that the owners of the property at 2551 Rockdale road would like to
chance the property zoning from R-1 to C-3 General commercial. I am strongly against
this for the following reasons.
All the property around this strip of ground is zoned residential. There is a residential
trailer court behind this property, and ow property is also zoned R-1. Edward Tschiggfrie
owns the property to the north and it is zoned PUD for urban residential development.
We have a conditional use permit for ow funeral home and this was granted through a
zoning change year's age that determined that funeral homes are conducive to residential
areas, thus ow zoning stayed as R-1.
The lot has been a vacant residential lot with a garage on it for many years. A few years
age the owners allowed tractors and other fann equipment to be stored on the ground. I
was told that this was a temporary use while the owners built a new building. After the
building was complete more equipment continued to be stored at the property and a sign
was installed. I had no objection to helping out a neighbor for a short time while they
build or remodel but do not want a permanent use as commercial.
The commercial zoning would allow for many uses that would not fit in the
neighborhood and I feel it would cause great damage to ow business. We maintain a
quiet dignified area around our funeral home and hope to keep it that way.
I will also attend the meeting to voice these concerns.
Patrick Leonard, Funeral Director
GL-~
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TFiE 0371' OF
I~UB E
Planning Services Department
50 West 13th Street
Dubuque, Iowa 52001-4864
Phone (319) 589-4210
Fax (319) 589-4149
Ed Tschiggfrie
Tschiggfrie Excavating
425 Julien Dubuque Drive
Dubuque IA 52003
SUBJECT: Tower Hills Mobile Home Park
Dear Ed:
April 29, 1999
This letter is in regard to the status of Tower Hills Mobile Home Park. Based on
Planning staffs research, the Tower Hills Mobile Home Park was annexed in
approximately 1970, and rezoned to a multiple residential district in March of 1971. The
subject property was subsequently designated as a PUD Planned Unit Development
with a PR Planned Residential designation as part of the 1985 comprehensive rezoning
of the city. However, there is no PUD ordinance as there would be if the property was
rezoned to PUD today.
Based on the available information, the continued development of the Tower Hills
Mobile Home Park would be allowed subject to submittal of a site development plan to
.City staff. The site development plan must be in substantial compliance with the
original plan for the development that included 224 mobile homes, 248 townhouses, 90
condominium units, 96 apartment units, and alive-acre community shopping area. As
with any PUD, development changes from the approved conceptual p{an must be
reviewed by City Planning staff to determine whether it's a significant change or not.
Substantial changes from the original plan will need to be reviewed by the Zoning
Advisory Commission and City Council.
Please contact me at 589-4210 if you have any questions or need clarification on the
information presented in this letter.
Sincerely,
!~ /r
Kyle L.
Associate Planner
Service People Integrity Responsibility Innovation Teamwork