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Rezone Carter Road Property to Planned Unit Development with PR-Planned Residential Designation_HearingCity of Dubuque City Council Meeting Public Hearings # 02. Copyrighted March 20, 2023 ITEM TITLE: Request to rezone the property of approximately 2.4-acre irregularly shaped site with frontage along Carter Road PI N 1015453009 property to a Planned Unit Development with P R-Planned Residential designation. SUMMARY: Proof of publication on notice of public hearing to consider approval of a request from Kevin Oberbroeckling, CK Construction to rezone property of approximately 2.4-acre irregularly shaped site with frontage along Carter Road PI N 1015453009 property to a Planned Unit Development with PR -Planned Residential designation and the Zoning Advisory Commission recommending approval. SUGGESTED DISPOSITION: ATTACHMENTS: Description Staff Memo ORDINANCE Amending Title 16 of The Unified Development Code of the City of Dubuque Code of Ordinances by Rescinding Ordinance 10- 96 and Ordinance 45-93 and Adopting a PUD Planned Unit Development with a PR Planned Residential District Designation and Conceptual Development Plan for one 16-Unit and one 24-Unit Multi - Family Residential Building with a Detached Garage. Suggested Disposition: Receive and File; Motion B; Motion A Application Vicinity Map Carter Road Conceptual Plan 2.23.23 Staff Report Carter Road - PUD Ordinance Public Input Petition of Opposition Public Input Map Presentation Type Staff Memo Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation Ordinance Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation Planning Services Department Dubuque City Hall THE CITY OF 50 West 13th Street Dubuque, IA 52001-4864 DUi! B E Pil-kMain CV4 11111F (563) 589-4210 phone (563) 589-4221 fax (563) 690-6678 TDD Masterpiece on theMiSSiSSIPPI 2007,2012-2013 2017*2019 plarming@d!yof dubuque.arg March 7, 2023 The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 13 th Street Dubuque IA 52001 Applicant: Kevin Oberbroeckling, CK Construction Location: Carter Road, PIN 1015453009 Description: To rezone the property to a Planned Unit Development with PR -Planned Residential designation 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 Kevin Oberbroeckling, CK Construction, spoke on behalf of the application, noting the proposal is to construct two multi -family residential buildings, one with 16 units and 2 stories and the other with 24 units and 3 stories. He acknowledged concerns expressed by some neighbors about landscaping, parking, stormwater, and green space. He noted the units would be 2 or 3 bedrooms. Staff reviewed the staff report, noting request to rezone to PUD with a Planned Residential designation, and though it is currently zoned PR, a new conceptual plan is proposed. Staff discussed site development process, which consists of rezoning, site plan review, and permit review. Staff described physical details about the property, zoning history, the project proposal, and conceptual plan. Staff evaluated potential impacts of the proposed development related to the City's comprehensive plan, utilities, traffic, and surrounding development. Staff read an email from Thomas Schwartz, President of the Pine Knoll homeowners association, per his request which expressed similar concerns to previous speakers. There were three (3) public comments in which concerns were expressed regarding the number of units, the height of the 3-story building, increased noise, lighting overflow, stormwater runoff, parking, and the desire for privacy fencing. A petition was submitted in opposition of the project citing concerns regarding increased traffic, insufficient parking, and density of people and vehicles. One speaker expressed frustration that he was not notified of the project sooner. Service People Integrity Responsibility Innovation Teamwork The Honorable Mayor and City Council Members Page 2 Staff addressed neighbors' questions about installing a fence and stormwater informing them that a fence is not required per code and stormwater would be reviewed during the site plan review. Staff spoke to the concern about the City's notification procedure explaining that property owners within 200'of the subject property receive notification and that the next step in the process would be the City Council meeting on March 20, 2023. The Zoning Advisory Commission discussed the request, noting the steps that developers are required to take with the City, including rezoning and site plan review. They noted the proposed would aid in addressing the need for housing units within the City and that infill development is consistent with the Comprehensive Plan goals. Recommendation By a vote of 3 to 0, the Zoning Advisory Commission recommends that the City Council approve the request. A petition of opposition was submitted and signed by the owners of twenty percent (20%) or more of the property which is located within two hundred feet (200') of the exterior boundaries of the property being considered for rezoning. Therefore, a super majority vote is needed for the City Council to approve the request. Respectfully submitted, TI-"i'l 7�,� Rich Russell, Vice Chairperson Zoning Advisory Commission Attachments cc: Carter Road Land Company, 2703 N. Grandview Ave., Dubuque, IA 52001 Service People Integrity Responsibility Innovation Teamwork 'n IE CrTV Of si� ftWW ft UU�B E 1111ty M"st"T"'t-e 01z 111eMi55tS9p?1 2017-2019 Cty of Dubuque P17"ft se� Mn"trkent Dubuqw, 1A 52001-484S Mom: 563-589-4210 Fwc 563-SV"72i OWE= Zpirllnc Advisy Zoning Pvd of LfisWrk Preseniabon Commis com INIQn Agh!�Jrnent [] Demolition 0 Arnended PUD 0 Caxtbonai U� pemit Lint, ted setba� w&,,, EJ iiistodc Revwng Loan RezOnIrIgIR)WID D Special &tVtkr U9te Plan Sirroe D CerbMG#e of Economic Non-ViaWtv Tend AmendiTwint 0 Simple SubdNision El VWW0_. Appeal [J Rite Plan Minor [J Site Plan Major C3 D(,dgn Remew Cwtificate of Appropriateness Preliminary Plat Major Rnal Plat D Simole Subdivision El AoMsoiry Design PR%4c" (PLboc Minor Rnal Plat 0 Temporary Use Perrrit 0 port Of DUWWeJ Pr*cts) C] Historic Designaticn: Wairver frorn S". Chaplain Scrimitt Island Design Standards Design RevL-w 77, 7777. Z T A- Property Infornwitt:km Site Location/Address: Carter Road Legal DescripborifParcel ID40/Sutidivision: PIN 1015453009 E)dstIN Zoning: PUD-PR HkstWc Distria, Proposed Zoning: PUD-PR Site Area (square feet/acres): 2.4 acres lbqrm Landrnaiic 0 Yes ER No B. Describe prqxwsW and reason for application (attach a letter of euxplan"on, tf necessary); Request to create a new Planned Unit 0�evaloprncnt with PR - Planned Residential designation to allow for a mullp-faimily residential development. C. Applicant/AgentInfainritation Name: Kevin Oberbircleckling Ph—: A —1 A-- —) — ddress: qzf�- at, State: :i2�_ zip: .52f ic)-2- Ernall: 0_Y-.0te �A-J G D. Promirty Ovnwls) Infamiation Narneffl;.... /? 61_�VO W'1 Phone: _20 Addrem; 4 2 4U LL�IZ IAOLLI GtY*. State; �L&zp: — Emal: /- Efi A XeAl I 1�� E. C-abil'kation: lAve, the undmigned, do roeretry certi!y/aclKnowJeoge that: 1. payment does not guarantee appro-M and feies are nonrefundable; 2. Aii addjtjonal required wriften and graphic rraWals am attact�ed; 3. It is the prop" rNA-wf's responsibility to locate property lines and to review the abstract for easeffitTits and restrictve covenants; and 4. The inl'brMabOn Subilrittted inerein is truic and cxMCt to tl)e best of MY/Otr 10nowledge and upon SuCimittal becomes public reCord. ApPlicant/Agent: Property Owner(s): Date: Date: "I �, EMMMM. mwr^D 11171IFFTCEUSE111,011V I Fee $ 900 Ck# 2672 ___ OCC DCaSh Pecefved t7Y Shena Moon Dat�- 2/17/2023 Scanned with CamScanner 7. 2 68 L) Yf44 27,20 5 976 3 aW2 8 62W2 8 5 ��2 84PL2 9-1,14 28�4- 'RA7 'R.424 9 71 WRA7 2 9 R%9 9 2 35 25 2 05 30 KANE C 9 0 3038 3063 30 8 3032 3018 I ff�-0-4-51 =M WCQ" ---7 �q5 TCOT TJJL2�363 2 38 Rz4�- ........... .. EM ffiffi MMM) M ffiMMM PR ffiM ffiN M M M MO ��- Z F2-%7kO ffim City of Dubuque, A Vicinity Map 0\�l Applicant: Kevin Oberbroeckling, CK Construction Location: Carter Road, PIN 1015453009 Description: To rezone the property to a Planned Unit Development with PR -Planned Residential designation. Subject Property 0 75 150 :::::=MMMMM Feet 1:2,500 300 N 0 k z Ld Ld )0 z (N Ld ol 25' 50' 1" = 50' (11"X17") 1" = 25' (22"X34") < D N-� U C-� Cf) Ld —j < 0 < u < V) m LLJ LTI C/-) PRO 1 T 1) G RAGE 41 zz < D Luo min Q� 8 0 7 P 0 1 PL sa cD ST RI S) 2b.4 N 24' 9" CD 0 F 0 T n N cD oN If m OIN z < o of m F- � 0 < c/):2 8 0 z 75 0- 0 0 0 J� RO 2 LEX 0 c) IES) �L m 5: u �o m 35' ooD (F Ld RO F OR 0 TO ROOF �3 0 mil P T a_ < Ld < _j < 83" 0 _j a- Y) LLJ >- C) < Z<O Ld �j = 0 C) 0 -- --------- ---- --- ---------- - --- ------ REZONING STAFF REPORT Property Address: Carter Road, PIN 1015453009 Property Owner: Carter Road Land Company Zoning Agenda: March 1, 2023 Applicant: Kevin Oberbroeckling, CK Construction Description: To rezone the property to a Planned Unit Development with PR - Planned Residential designation. Proposed Land Use: Residential Existing Land Use: Vacant property Adjacent Land Use: North — Residential East — Residential South — Residential West — Residential Former Zoning: 1996 — PR -Planned Residential 1993 — PR -Planned Residential 1985 — PR -Planned Residential 1975 — R-4 Multi -Family PUD Total Area- 2.4 acres / 106,705 square feet Proposed Zoning: PR Existing Zoning: PR Adjacent Zoning: North — R-4 East — PR South — R-4 West — R-1 Property History- The subject property has been rezoned a number of times in the past but has not been developed to -date. Previous iterations of the site layout included a 64- unit senior housing development and a 16-unit condominium development. Physical Characteristics- The property is an approximately 2.4-acre irregularly shaped site with frontage along Carter Road. A stormwater/sanitary sewer easement ranging from 20 ft. to 35 ft. wide runs along the majority of the Carter Road frontage. A utility and sanitary sewer easement ranging from 5 ft. to 15 ft. wide runs along the majority of the northern property line. Another triangularly shaped utility easement runs along the southeastern property line. The property slopes from the eastern side of the site to the northwestern corner of the site with an overall elevation change of approximately 34 ft. The property is currently vacant. Site image provided on the following page. PUD Staff Report — Carter Road, PIN 1015453009 Page 2 7 ion., WT All I Carter PjDad PLJD ReqUest Subject Property 1=3 DR - Planred R-e5ideritial R-4 Mu�FFami�y R- 15 ing4e-N m i1V Concurrence with Comprehensive Plan: The Comprehensive Plan goals promote infill and mixed -use development. City's Future Land Use Plan identifies the subject site as Park & Open Space. Impact of Request on: Utilities: The area is adequately served by both city water and sanitary sewer. Mains for water are in the Carter Road right-of-way and along with east side of the site. A main for sanitary sewer runs along the northern side of the site. Traffic Pattern s/Co u nts: The 2017 Iowa Department of Transportation traffic counts indicate an average annual daily traffic count of 4,780 vehicles along this section of Carter Road, which is classified as a collector street. The proposed 40-unit multi -family residential development is anticipated to generate an average of 332 daily weekday trips and an average of 168 daily weekend trips. Although the proposed project would increase traffic along Carter Road, the additional trips are not anticipated to have a substantial impact. PUD Staff Report — Carter Road, PIN 1015453009 Page 3 Public Services: Public services are adequate to serve the site regardless of how it may be utilized or redeveloped. Environment: The subject site is an approximately 2.4-acre irregularly shaped site with frontage along Carter Road. The site is currently unimproved and contains a number of mature trees and shrubs which would be removed to accommodate the proposed multi- family development. Per the Unified Development Code, the proposed development would be required to provide new trees and shrubs as part of their landscaping plan for the site. Furthermore, the project would be required to undergo a Site Plan review through the development review process prior to any improvements on the property, which would address appropriate site development standards. With this, and provided adequate storm water management measures are implemented during all phases of development, it is not anticipated the requested rezoning or the proposed development would have a negative impact on the environment. Adjacent Properties: The subject property is surrounded by R-4 Multi -Family Residential zoned properties to the north and south and PR -Planned Residential zoned properties to the east and southeast. Properties located across Carter Road are zone R-1 Single -Family Residential. Other development in the area includes the Sisters of the Presentation, St. Mary's apartments, and Care Initiatives Specialty Care nursing facility. The surrounding properties are all fully developed. CIP Investments: None proposed. Staff Analysis: The applicant proposes to rezone the subject site to Planned Unit Development with a PR -Planned Residential designation in order to construct two multi- family residential buildings with a total of 40 units. Planned Unit Developments are intended to encourage flexible and innovative design in the development of appropriate sites and at the same time, reduce to a minimum, the impact of the development on the surrounding neighborhood. The site is approximately 2.4 acres in area and irregular in shape. The site has approximately 233 ft. of frontage along Carter Road. A stormwater/sanitary sewer easement ranging from 20 ft. to 35 ft. wide runs along the majority of the Carter Road frontage. A utility and sanitary sewer easement ranging from 5 ft. to 15 ft. wide runs along the majority of the northern property line. Another triangularly shaped utility easement runs along the southeastern property line. The property slopes down from the eastern side of the site to the northwestern corner of the site with an overall elevation change of approximately 34 ft. The property is currently unimproved. The applicant has submitted a Conceptual Plan for the proposed project. The Conceptual Plan includes two multi -family residential buildings and a detached one-story parking garage. The western building is proposed to be two -stories and would contain a total of 16 residential units. The eastern building is proposed to be three -stories and would contain a total of 24 residential units. The western building would be located closest to Carter Road PUD Staff Report — Carter Road, PIN 1015453009 Page 4 and set back approximately 33 ft. from the street. The eastern building would be situated approximately 27 ft. from the east side property line. A detached single -story garage structure is proposed at the north side of the property and would contain 10 covered parking spaces. The site would accommodate an additional 54 surface parking spaces totaling 64 off-street parking spaces, which exceeds the minimum code requirement of 60 spaces. The property would be accessed by a 26 ft. private drive from Carter Road. As proposed, the Conceptual Plan for the Planned Unit Development with PR -Planned Residential designation is generally consistent with many of the bulk regulation development standards found in the traditional R-4 Multi -Family Residential zoning district. The chart below provides a comparison of the bulk regulation between the proposed Conceptual Plan and the R-4 Multi -Family Residential zoning district. Surrounding development in the area consists of single-family residential uses to the west and multi -family uses to the north, south and east which are located within R-4 Multi -Family Residential and PR -Planned Residential zoning districts. Other development in the area includes the Sisters of the Presentation, St. Mary's apartments, and Care Initiatives Specialty Care nursing facility. The surrounding properties are all fully developed. Prior to any development taking place on the property, the applicant would be required to obtain an approved Site Plan through the development review process. Site plans are reviewed by all relevant City departments regarding development standards such as access, parking, screening, paving, stormwater management, water connections, sanitary sewer connection, and fire safety. Potential effects on the environment would be reviewed and mitigated through appropriate site design and development. The applicant would also be required to obtain the necessary permits through the Inspection & Construction Services Department prior to any work commencing on the property. If approved, the development would be bound by the proposed Conceptual Plan. Staff recommends the Zoning Advisory Commission review the criteria established in Chapter 9 of the Unified Development Code regarding granting a rezoning. Prepared by- Review4�G7 Date 2/22/23 1 A 3-foot minimum side yard setback is required plus one additional foot per floor above the second floor. Prepared by: Wally Wernimont, City Planner Address: City Hall - 50 W. 13th Street Telephone: 589-4210 Return to: Adrienne Breitfelder, City Clerk Address: City Hall- 50 W. 13th Street Telephone: 589-4121 ORDINANCE NO. 8 - 23 AN ORDINANCE AMENDING TITLE 16 OF THE UNIFIED DEVELOPMENT CODE OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECINDING ORDINANCE 10- 96 AND ORDINANCE 45-93 AND ADOPTIONG A PUD PLANNED UNIT DEVELOPMENT WITH A PR PLANNED RESIDENTAIL DISTRICT DESIGNATION AND CONCEPTUAL DEVELOPMENT PLAN FOR ONE 16-UNIT AND ONE 24-UNIT MULTI -FAMILY RESIDENTIAL BUILDING WITH A DETACHED GARAGE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the Unified Development Code of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter -described property from PUD with a PR Planned Residential District designation to PUD Planned Unit Development District with a PR Planned Residential District designation, and adopting a conceptual development plan, a copy of which is attached to and made a part hereof, is hereby adopted and approved for the following described property, to wit: Lot 2 St. Mary's Place No. 4 and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. A. Use Regulations. The following regulations shall apply to all uses made of land in the above -described PR Planned Residential District: 1 Principal permitted uses shall be limited to one 16-unit multi -family residential building, one 24-unit multi -family residential buildings, and a detached parking garage. 2. Accessory uses shall include any use customarily incidental and subordinate to the principal use it serves. Ordinance No. 8 - 23 Carter Road PUD Page 2 B. Lot and Bulk Regulations. Development of land in the PR Planned Residential District shall be regulated as follows: 1. Buildings setbacks shall be located in substantial conformance with the approved conceptual development plan. 2. Maximum building height of 40 feet shall be allowed in this Planned Residential District. 1. Unless otherwise indicated, the development of the property in this Planned Residential District shall be regulated by Section 16- 5-5 of the Unified Development Code, R-4 Multi -Family Residential District. C. Performance Standards The development and maintenance of uses in this PR Planned Residential District shall be regulated as follows: 1. Parking Regulations a. All vehicle -related features shall be surfaced with either asphalt or concrete. b. Curbing and proper surface drainage of storm water shall be provided. c. All parking and loading spaces shall be delineated on the surfacing material by painted stripes or other permanent means. d. Off-street parking shall be provided based on the approved conceptual plan. e. The number, size, and design of parking spaces shall be governed by applicable provisions of the Unified Development Code Section 13-3 Site Development Regulations. f. The number, size, design, and location of parking spaces designated for persons with disabilities shall be according to the local, state, or federal requirements in effect at the time of development. Ordinance No. 8 - 23 Carter Road PUD 2. Site Lighting Page 3 a. Exterior illumination of site features shall be limited to the illumination of the following: i. Parking areas, driveways, and loading facilities. ii. Pedestrian walkway surfaces and entrances to building. iii. Building exterior. b. Location and Design i. No light source shall provide illumination onto adjacent lots, buildings, or streets in excess of 1.0-foot candle. ii. All exterior lighting luminaries shall be designed and installed to shield light from the luminaries at angles above 72-degrees from vertical. iii. Fixtures mounted on a building shall not be positioned higher than the roofline of the building. iv. All electrical service lines to posts and fixtures shall be underground and concealed inside the posts. 3. Landscapina Landscaping shall be provided in compliance with Section 13-4 Landscaping and Screening Requirements of the Unified Development Code. 4. Storm Water Managemen The developer shall be responsible for providing surface or subsurface conveyance(s) of storm water from the lot to existing storm sewers or to flow line of open drainageways outside the lot in a means that is satisfactory to the Engineering Department of the City of Dubuque. Other applicable regulations enforced by the City of Dubuque relative to storm water management and drainage shall apply. 5. Exterior Trash Collection Areas a. The storage of trash and debris shall be limited to that produced by the principal permitted use and accessory uses on the lot. Ordinance No. 8 - 23 Page 4 Carter Road PUD b. All exterior trash collection areas and the material contained therein shall be visually screened from view. The screening shall be completely opaque fence, wall, or other feature not exceeding a height of 10 feet measured from the ground level outside the line of the screen. Screens built on sloping grades shall be stepped so that their top line shall be horizontal. Exposed materials used to construct the opaque screen shall be similar in appearance to materials used for exterior building walls. All exterior entrances to a screened trash area shall be provided with a gate or door of similar design to that of the screen. If a 10-foot height screen fails to shield the exterior trash collection area from view from the adjacent public right- of-way and neighboring properties, evergreen plantings may be required in addition to the screening. Evergreen plant material shall be selected and designed so that they screen the area from all off -site visibility within five (5) years. 6. Open Space Open space and landscaping in the PR Planned Residential District shall be regulated as follows. Those areas not designated on the conceptual development plan shall be maintained as open space, as defined Article 13 of the Unified Development Code of the City of Dubuque, Iowa, by the property owner and/or association. 7. Platting Subdivision plats and improvement plans shall be submitted in accordance with Article 11 Land Subdivision, of the City of Dubuque Unified Development Code. 8. Site Plans Final site development plans shall be submitted in accordance with Article 12 Site Plans and Article 13 Site Design Standards prior to construction of each building and vehicle -related feature unless otherwise exempted by Article 12. D. Si-qn Regulation 1. Signs in the Planned Residential District shall be regulated in accordance with the R-4 Multi -Family Residential Zoning District sign regulations, Section 16-15-11.1 of the Unified Development Code. 2. Variance requests from sign requirements for size, number, and height shall be reviewed by the Zoning Board of Adjustment in accordance with Section 16-8-6 of the Unified Development Code. Ordinance No. 8 - 23 Page 5 Carter Road PUD E. Other Codes and Regulations Service Lines. All electric, telephone, cable, or other similar utility lines serving the building and other site features shall be located underground. 2. The use of semi -trailers and shipping containers for storage is prohibited. 3. These regulations do not relieve the owner from other applicable city, county, state, or federal codes, regulations, laws, and other controls relative to the planning, construction, operation and management of property within the City of Dubuque. F Ordinance History I . Ord. 45-93: Establishment of a Planned Unit Development for a 16-unit condominium development. 2. Ord. 10-96: Establishment of a Planned Unit Development for a 64-unit senior housing development. G. Transfer of OwnershiD Transfer of ownership or lease of property in this PR Planned Residential District shall include the transfer or lease agreement a provision that the purchaser or lessee acknowledges awareness of the conditions authorizing the establishment of the district. H. Modifications Any modifications of this Ordinance must be approved by the City Council in accordance with zoning reclassification proceedings of Article 9-5 of the Unified Development Code. Occupancy Permits No occupancy permit shall be issued by the City of Dubuque for property included in the subject planned unit development district until full compliance with this ordinance has been achieved. Recording A copy of this ordinance shall be recorded at the expense of the property owner(s) with the Dubuque County Recorder a permanent record of the conditions accepted as part of this reclassification approval within thirty (30) days after the adoption of this ordinance. This ordinance shall be binding upon the undersigned and his/her heirs, successors, and assigns. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Ordinance No. 8 - 23 Carter Road PUD Section 3. The foregoing amendment shall take effect upon publication, as provided by law. Passed, approved, and adopted this 20th day of March 2023. Attest: Adrienne N. Breitfelder, City Clerk r N PW - jEffiWIN.� , - =Wmkg2h, 7 a y o r z Ld Ld )0 z (N Ld ol 25' 50' 1" = 50' (11"X17") 1" = 25' (22"X34") < D N-� U C-� Cf) Ld —j < 0 < u < V) m LLJ LTI C/-) PRO 1 T 1) G RAGE 41 zz < D Luo min Q� 8 0 7 P 0 1 PL sa cD ST RI S) 2b.4 N 24' 9" CD 0 F 0 T n N cD oN If m OIN z < o of m F- � 0 < c/):2 8 0 z 75 0- 0 0 0 J� RO 2 LEX 0 c) IES) �L m 5: u �o m 35' ooD (F Ld RO F OR 0 TO ROOF �3 0 mil P T a_ < Ld < _j < 83" 0 _j a- Y) LLJ >- C) < Z<O Ld �j = 0 C) 0 -- --------- ---- --- ---------- - --- ------ Doc iD: 011078510008 Type: GEN Kind: ORDINANCE Recorded: 03/23/2023 at 04:03:42 PM Fee Amt: $42.00 Paqe I of 8 Dubuque CountV Iowa Karol Kennedv Recorder File2023-00002406 Prepared by: Wally Wernimont, City Planne Address: City Hall - 50 W. 13th Street Telephone: 589-4210 Return to: Adrienne Breitfelder, City Clerk Address: City Hall- 50 W. 13th Street Telephone: 589-4121 ORDINANCE NO. 8 - 23 AN ORDINANCE AMENDING TITLE 16 OF THE UNIFIED DEVELOPMENT CODE OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECINDING ORDINANCE 10- 96 AND ORDINANCE 45-93 AND ADOPTIONG A PUD PLANNED UNIT DEVELOPMENT WITH A PR PLANNED RESIDENTAIL DISTRICT DESIGNATION AND CONCEPTUAL DEVELOPMENT PLAN FOR ONE 16-UNIT AND ONE 24-UNIT MULTI -FAMILY RESIDENTIAL BUILDING WITH A DETACHED GARAGE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the Unified Development Code of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter -described property from PUD with a PR Planned Residential District designation to PUD Planned Unit Development District with a PR Planned Residential District designation, and adopting a conceptual development plan, a copy of which is attached to and made a part hereof, is hereby adopted and approved for the following described property, to wit: Lot 2 St. Mary's Place No. 4 and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. A. Use Regulations. The following regulations shall apply to all uses made of land in the above -described PR Planned Residential District: Principal permitted uses shall be limited to one 16-unit multi -family residential building, one 24-unit multi -family residential buildings, and a detached parking garage. 2. Accessory uses shall include any use customarily incidental and subordinate to the principal use it serves. 4/)00 Ordinance No. 8 - 23 Carter Road PUD Page 2 B. Lot and Bulk Regulations. Development of land in the PR Planned Residential District shall be regulated as follows: 1 Buildings setbacks shall be located in substantial conformance with the approved conceptual development plan. 2. Maximum building height of 40 feet shall be allowed in this Planned Residential District. I Unless otherwise indicated, the development of the property in this Planned Residential District shall be regulated by Section 16- 5-5 of the Unified Development Code, R-4 Multi -Family Residential District. C. Performance Standards The development and maintenance of uses in this PR Planned Residential District shall be regulated as follows: 1. Parking Regulations a. All vehicle -related features shall be surfaced with either asphalt or concrete. b. Curbing and proper surface drainage of storm water shall be provided. c. All parking and loading spaces shall be delineated on the surfacing material by painted stripes or other permanent means. d. Off-street parking shall be provided based on the approved conceptual plan. e. The number, size, and design of parking spaces shall be governed by applicable provisions of the Unified Development Code Section 13-3 Site Development Regulations. f. The number, size, design, and location of parking spaces designated for persons with disabilities shall be according to the local, state, or federal requirements in effect at the time of development. Ordinance No. 8 - 23 Carter Road PUD 2. Site Lighting Page 3 a. Exterior illumination of site features shall be limited to the illumination of the following: i. Parking areas, driveways, and loading facilities. ii. Pedestrian walkway surfaces and entrances to building. iii. Building exterior. b. Location and Design i. No light source shall provide illumination onto adjacent lots, buildings, or streets in excess of 1.0-foot candle. ii. All exterior lighting luminaries shall be designed and installed to shield light from the luminaries at angles above 72-degrees from vertical. iii. Fixtures mounted on a building shall not be positioned higher than the roofline of the building. iv. All electrical service lines to posts and fixtures shall be underground and concealed inside the posts. 3. Landscaping Landscaping shall be provided in compliance with Section 13-4 Landscaping and Screening Requirements of the Unified Development Code. 4. Storm Water Management The developer shall be responsible for providing surface or subsurface conveyance(s) of storm water from the lot to existing storm sewers or to flow line of open drainageways outside the lot in a means that is satisfactory to the Engineering Department of the City of Dubuque. Other applicable regulations enforced by the City of Dubuque relative to storm water management and drainage shall apply. 5. Exterior Trash Collection Areas a. The storage of trash and debris shall be limited to that produced by the principal permitted use and accessory uses on the lot. Ordinance No. 8 - 23 Page 4 Carter Road PUD b. All exterior trash collection areas and the matedal contained therein shall be visually screened from view. The screening shall be completely opaque fence, wall, or other feature not exceeding a height of 10 feet measured from the ground level outside the line of the screen. Screens built on sloping grades shall be stepped so that their top line shall be horizontal. Exposed materials used to construct the opaque screen shall be similar in appearance to materials used for exterior building walls. All exterior entrances to a screened trash area shall be provided with a gate or door of similar design to that of the screen. If a 10-foot height screen fails to shield the exterior trash collection area from view from the adjacent public right- of-way and neighboring properties, evergreen plantings may be required in addition to the screening. Evergreen plant material shall be selected and designed so that they screen the area from all off -site visibility within five (5) years. 6. Open Space Open space and landscaping in the PR Planned Residential District shall be regulated as follows, Those areas not designated on the conceptual development plan shall be maintained as open space, as defined Article 13 of the Unified Development Code of the City of Dubuque, Iowa, by the property owner and/or association. 7. Plattinq Subdivision plats and improvement plans shall be submitted in accordance with Article 11 Land Subdivision, of the City of Dubuque Unified Development Code. 8. Site Plans Final site development plans shall be submitted in accordance with Article 12 Site Plans and Article 13 Site Design Standards prior to construction of each building and vehicle -related feature unless otherwise exempted by Article 12. D. Sign Regulations Signs in the Planned Residential District shall be regulated in accordance with the R-4 Multi -Family Residential Zoning District sign regulations, Section 16-15-11.1 of the Unified Development Code. 2. Variance requests from sign requirements for size, number, and height shall be reviewed by the Zoning Board of Adjustment in accordance with Section 16-8-6 of the Unified Development Code. Ordinance No. 8 - 23 Carter Road PUD E. Other Codes and Regulations Page 5 Service Lines. All electric, telephone, cable, or other similar utility lines serving the building and other site features shall be located underground. 2. The use of semi -trailers and shipping containers for storage is prohibited. 3. These regulations do not relieve the owner from other applicable city, county, state, or federal codes, regulations, laws, and other controls relative to the planning, construction, operation and management of property within the City of Dubuque. F. Ordinance Histo 1 - Ord. 45-93: Establishment of a Planned Unit Development for a 16-unit condominium development. 2. Ord. 10-96: Establishment of a Planned Unit Development for a 64-unit senior housing development. G. Transfer of Ownership Transfer of ownership or lease of property in this PR Planned Residential District shall include the transfer or lease agreement a provision that the purchaser or lessee acknowledges awareness of the conditions authorizing the establishment of the district. H. Modifications Any modifications of this Ordinance must be approved by the City Council in accordance with zoning reclassification proceedings of Article 9-5 of the Unified Development Code. Occupancy Permits No occupancy permit shall be issued by the City of Dubuque for property included in the subject planned unit development district until full compliance with this ordinance has been achieved. J. Recording A copy of this ordinance shall be recorded at the expense of the property owner(s) with the Dubuque County Recorder a permanent record of the conditions accepted as part of this reclassification approval within thirty (30) days after the adoption of this ordinance. This ordinance shall be binding upon the undersigned and his/her heirs, successors, and assigns. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Ordinance No. 8 - 23 Carter Road PUD Page 6 Section 3. The foregoing amendment shall take effect upon publication, as provided by law. Passed, approved, and adopted this 20th day of March 2023. MMV�-i'��Kagh., Mayor Attest: 4�4 Adrienne N. Breitfelder, City Clerk '. > x ------ - --- . . . . . . . . . . 'j v -ZI 71- -7 :S� m CONCE�T A3UESING x LOT 2 ST. MARYS PLACE #4� DUBUQUE, IOWA CERTIFICATE of the CITY CLERK STATE OF IOWA SS: COUNTY OF DUBUQUE ) 1, Adrienne N. Breitfelder, City Clerk, do hereby certify that I am the duly appointed, qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in my possession or have access to the records of the proceedings of the City Council. I do further. state that the hereto attached Ordinance No. 8-23 is a true and correct copy of the original. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Oated'-at Dubuque, Iowa, on this 22nd day of March, 2023. ;0 F A SEAL) -4 Adrienne N. Breitfelder, City Clerk Shena Moon From: Margaret Ryan <margaret.ryan22748@gmail.com> Sent: Wednesday, March 1, 2023 10:04 AM To: Planning Subject: Public hearing on zoning plans Regarding the request to be redone on the location of Carter Road, on PIN 1015453009, these are my thoughts. I would rather the Property not be developed . It will seriously obstruct my view and privacy. If the development does move forward, perhaps a Well planned dirt berm with trees and shrubbery such as blue spruce and red dogwood could benefit everyone involved. I would certainly suggest if the development goes through it should be one story dwellings. Also, dirt being removed through excavation can be used for the berm suggested in this plan. Sincerely Peg Ryan 2872 Katrina Circle Dubuque, IA 52001 Sent from my iPad Shena Moon From: Sent: To: Cc: Subject: Marlene Apel <apelpark@gmail.com> Monday, February 27, 2023 12:50 PM Shena Moon Wally Wernimont; Travis Schrobilgen Re: Carter Road - Rezoning Caution! This message was sent from outside your organization. Received ..... thank you Shena. Our two concerns are: 1. Storm water runoff does not flow on or near our property line. Allow sender I Block sender 2. As shown on the conceptual plan, the lot lines go onto our property and go through the corner of the building which is not accurate.. I know this is not the final plan but want to mention it. Thanks again for your assistance. bamaln, LLP. Marlene Apel Property is 2970 Kane St. 563-590-6515 On Fri, Feb 24, 2023 at 4:44 PM Shena Moon <Smoon@cityofdubuque.org> wrote: Hello Marlene, Thank you for your call this week regarding the Carter Road rezoning request that is scheduled for the March 1, 2023 Zoning Advisory Commission. As promised, please find attached the conceptual development plan. 1 Should you wish to provide written comments for the Zoning Advisory Commission to consider, you may send your comments to me (email is just fine). Alternatively, I invite you to attend the meeting in person should you be able to. Please let me know if you have any questions. Thank you, Shena THE CITY OF DUIBRaTEI Masterpiece on the Mississippi Shena Moon (she, her, hers) Associate Planner I City of Dubuque City Hall 150 W. 13 th St., Dubuque, IA 52001 0: 563-589-4211 1 F: 563-589-4221 Office Hours: Monday — Friday, 8 a.m — 5 p.m. r-f 6. Shena Moon From: Sent: To: Subject: Attachments: Mike Jozefowicz < nsOu.mike@gmail.com > Wednesday, March 8, 2023 3:56 PM Shena Moon Proposed lot 2 St. Mary's Place #4 concerns. Concerns area residents have regarding the proposed Lot 2 St.docx Caution! This message was sent from outside your organization. Hi Shena, Allow sender I Block sender My neighbor, John Martin, told me that you would like a copy of what the concerns we have about the proposed building complex on Lot 2 St. Mary's Place #4. The attached file is a more descriptive list of our concerns. Thank you for being so helpful. Mike Jozefowicz 2735 Hickory Hill St, Dubuque, IA 52001 (563) 590-2065 Concerns area residents have regarding the proposed Lot 2 St. Mary's Place #4 Dubuque, Iowa: 1. The density of people and the number of cars that will be concentrated into an area that has limited access a. There are Several cul-de-sac neighborhoods each with a single access to a through street. The area already experiences traffic flow issues during times when students are dropped off or picked up from area schools (Wahlert and Mazzuchelli). The residents of a 40-unit apartment complex could conceivably require an additional 80 or more cars for their needs thus making the traffic situation even more stressed. b. The existing plan calls for only 60 parking spaces for the 40-unit project. We feel that that will force many living in this new proposed unit to park on the street. c. The existing cul-de-sacs already experience delays when exiting their street to through streets. Hickory Hill and Shetland Court must exit onto Kane. Kane, in turn, joins Carter Road. Cul-de- sacs of Kane Court and Westmore exit directly on to Carter Road. During high traffic times the cul-de-sac is completely blocked until some courteous driver allows entry. d. During the times of 7:00 to 8:30 and 2:30 to 4:00 and often during extra -curricular school activities, there is a lineup of cars which all too frequently block the exits from Hickory Hill to Kane, and Shetland Court on to Kane. It is also common when traffic on Carter Road is at a standstill as busses try to turn onto Kane Street from Carter Road. e. Area resident believe that there will be an additional load placed on those already busy streets if this 40-unit complex is built. f. It has come to light that with the new State support for private schools, Wahlert and Mazzuchelli schools are anticipating a student number increase. i. Wahlert has had larger numbers in previous years, but then a large percentage of them attended school via the city bus system. Today fewer students rely on the bus system and use their own transportation. i L Area residents are happy that Wahlert and Mazzuchelli are expecting an increase, but fear that their increase along with the increase from the proposed new building complex will paralyze the traffic system. iii. It has come to our attention that Wahlert/Mazzuchelli are anticipating having to add to their existing buildings because of increased enrollment. This will, in all likelihood result in even more cars added to the existing grid. iv. We fear that students who are transported by school bus and are being dropped off from school or picked up on the way to school using Carter Road are put in jeopardy because of the heavy traffic. Non -courteous drivers who are in a rush are unfortunately all too common. We feel that additional traffic will compound the problem. V. It may be necessary to put additional traffic regulators in place at the intersection of Carter Road and Kane/Kane Court for the existing situation. Adding the additional complex would make it even more necessary. g. We expect that a traffic study (within the school term) be required before any further action is taken on the building of this complex. Doing the traffic study outside the time the schools are in session will not give a true picture of the traffic flow. That traffic study should also include the intersection of Carter Road and Kaufman. 2. Area residents who live below the proposed complex fear water run- off damage. a. Having lived in the area for over 40 years, I have seen many storms. There have been times when Carter Road was running curb to curb with water run off during rain storms. b. Even in relatively dry occasions there are times when spring water is running down Carter Road when the water table high. We fear that additional hard surfaces will add to the existing storm water runoff issues. c. Just below this neighborhood is a water retention dam. It was placed there to alleviate water runoff that was overloading the B- Branch. Excessive water run off because of additional paving is a grave concern. The runoff would bypass the new retention area and go directly into the B-branch system. d. We expect that a water permeability and runoff study be done to ensure that residents in the apartments located on the corner of Carter Road and Kane will not be affected by storm water runoff, and that the B-branch system is not adversely affected. 3. Area residents are concerned that emergency vehicles are afforded only one entrance to the proposed complex as shown in the concept drawing. Is there an existing ordinance that a building complex such as this needs to have adequate access in and out by emergency vehicles? Shena Moon From: Sent: To: Subject: pdolter <pdolter@mchsi.com> Wednesday, March 1, 2023 11:39 AM Shena Moon RE: Carter Road Proposal Caution! This message was sent from outside your organization. Thank you Shena, Allow sender I Block sender I apologize for my email, I composed it in a bit of a hurry. One more question, will CK Construction be restoring and planting vegetation such as trees, bushes and so on? Thanks again! Paul Sent from my U.S.Cellular@ Smartphone -------- Original message -------- From: Shena Moon <Smoon@cityofdubuque.org> Date: 3/1/23 11:10 AM (GMT-06:00) To: pdolter <pdolter@mchsi.com> Subject: RE: Carter Road Proposal Hello Paul and thank you for your email. I will be sure to share this with the Zoning Advisory Commission for their consideration at the meeting this evening. If you are unable to attend, please feel free to watch live online through this link: https://www.citvofdubugue.org/446/Video 1 Please let me know if you have any other questions or concerns. Thank you, Shena THE CrrY OF DU!BgkTEI Masterpiece on the Mississippi Shena Moon (she, her, hers) Associate Planner I City of Dubuque City Hall 150 W. 131h St., Dubuque, IA 52001 0: 563-589-4211 1 F: 563-589-4221 Office Hours: Monday — Friday, 8 a.m — 5 p.m. From: pdolter <pdolter@mchsi.com> Sent: Wednesday, March 1, 2023 10:54 AM To: Shena Moon <Smoon@cityofdubuque.org> Subject: Carter Road Proposal Good Morning Shena, I just wanted to express my concern over some issues in an email since I cannot attend this evening's meeting. ADT? I realized that Engineering has gone over the traffic issue but unless one were to actually be in that heavy traffic to realize how convoluted it truly is already. Also, will turning lanes be added on Carter Road? Hydrology? Is there amy preliminary data for this? Such as runoff and so on? Property Value? $$$ Privacy and the inevitable increase in noise. These people worked hard all their life's to be disturbed by such a project? Unsightly. Let's face it, people don't go out looking to live next to apartment complex. I think that covers most of my concerns but I'm sure that I will have some more. Thanks Shena, Paul Sent from my U.S.Cellular© Smartpho Shena Moon From: Sent: To: Cc: Subject: Tom Schwartz <tcs3535@aol.com> Tuesday, February 28, 2023 8:20 AM Shena Moon dprangerpl@aol.com; teachers6ldbq@gmail.com; mnpkelley@earthlink.net;jimmichellemiller66@gmail.com; caroleemcc@me.com; rlbcab@mchsi.com; KathyWater54@msn.com; candrlegrand@aol.com Carter Road PUD Proposal Caution! This message was sent from outside your organization. Allow sender I Block sender Shena, Thanks for sending me a copy of the preliminary site plan for the now Boge lot on Carter Road. Following are my comments re the preliminary site plan. I would appreciate it if you would have them read at the 1 March meeting. As we discussed, last year, Pine Knoll strongly considered purchasing the lot and building Condominiums on it, utilizing primarily the Leibold PUD plan adopted many years ago. Basically, we couldn't get more than 16 condos and parking on the lot and make it both attractive and cost effective. Given the above, obviously, We have no objection to someone building an apartment complex on the lot per se, but we have some concerns re the overall density (number of units) of the proposed project. They are: (1) The site plan now shows one building as 3 stories. Given the high elevation of the lot and that particular right side unit, 3 stories is too high. There are 2 other 3 story structures in the area, but both are on lots with much lower relative elevation. Assuming that both buildings foundations will be the same height above the curb, we believe that both new buildings should be 2 stories max. If that assumption is incorrect, and if in fact the foundation of the building on the left would be at a lower elevation (est. 4-5 ft) than the right one as the existing topography suggests, putting the 3 story building on the left would fit the topography much better and would be less objectionable to us. (2) Available parking is a big issue. In our opinion, at a minimum there needs to be 1.5 renter parking spaces per unit or a total of 60. In addition, there needs to be spots for guests, emergency and service vehicles. I count 54 total available outside spots including the 5 outside front which should be used for guests and not renter parking. The calculation should also not include the 10 garages as they may or may not be rented. Calculating what I've just said, the plan needs 60 parking spaces minimum and, as you calculate it, you have 64, including the garages. We see that number as 49 without the garages and 5 spots out front. However you calculate it, parking is at a bare minimum. Available parking is marginal. (3) An obvious concern for a few of the western residences in Pine Knoll is their view of the proposed complex. We request that the site plan include an attractive barrier fence be installed along the eastern end of their property (approx 90 ft) as it abuts the Pine Knoll property. The overriding concern that all in Pine Knoll have is that we yet don't know very much at all about the proposed complex, the overall construction, look and attractiveness and whether it will attract many transitory tenants, issues that would substantially change the beautiful, tranquil neighborhood that we all now enjoy, as well as our property values. In essence, we are counting on the Planning and Zoning Comm to look out for us in this regard. Thank you for your consideration, Thomas Schwartz President, Pine Knoll HOA In a message dated 2/24/2023 6:48:58 PM Eastern Standard Time, Smoon@citVofdubuque.org writes: Hello Tom, Thank you for your call this week regarding the Carter Road rezoning request that is scheduled for the March 1, 2023 Zoning Advisory Commission. As promised, please find attached the conceptual development plan. Should you wish to provide written comments for the Zoning Advisory Commission to consider, you may send your comments to me (email is just fine). Alternatively, I invite you to attend the meeting in person should you be able to. Please let me know if you have any questions. Thank you, Shena We, the undersigned object to the building of a 40-unit apartment complex which is proposed for Lot 2 St. Mary's Place #4 Dubuque,, Iowa for the following reasons: 1. The density of people and cars goes beyond what is reasonably safe for the existing residents. 2. Traffic issues with the close proximity oftwo schools already tax the traffic system during the hours of 7:30 — 9:00 and from 2:30 — 4:00. 3. Several cul-de-sac neighborhoods each with only one exit all convene near the proposed complexes' entry/exit ramp. Those cul-de-sac neighborhoods are Hickory Hill, Kane Court, Shetland, Court and Westmore, 4. With an additional 40 units there could conceivably be up to an additional 80 vehicles without enough parking provided and all trying to use the same access. It is conceivable that residents will try to use on street parking. Name Printed Signature Street Address city 126 irlk heO%Ne,-,- H; 27 J L '64 ji 28 nz r 6e- k 29 W# it - i Uzi i il All t 30 Xt A. f 2 S 31 "i A. 11"A n !��a A, -ei or 32 �­4% 14 �d ss Fo. o-q Z2(,1,L1.2,, e!!!� 33 <: 34 fA. 7pl. 35 M 36 1,--, 01 37 JA 38 �Oez,jee YOall f ;2e, ell 0 we't 39 -701 Cr,-jOAPUzZPS 40 LS "AP aid -h _dA 41 < 2Cp 7/. LAP 42 _V1 43 ta-1 .01 120 ,zli .,,Ze. S 44 Z��_ /Z file, � 0) 00 45 W, V 46 47 4 Es% 49 50 J.01. - Ij-x C;;>� 2 1 P ;a g ne ARM 81Y. faUNG A CUST STREET OUBUOM. RM 32MI PHONE- J5631 $50-4309 L& -X;j �7 Ile l;w. r ......... . .... 0 7 \1.1 lu IF ALI > A 'N 131 r 4L 16% If - W�l RA - - :;Sk A, fk IN- - 0 0 C) an "L. C-) 0 SHEET TITLE PROJECT NO. 23026 DATE REVISIONS DRAWN BY: PREPARED FOR: BUESING 2/10/23 2/21/23 TPL m CONCEPT KEVIN OBERBROCKLING ASSOCIATES INC. X LOT 2 ST. MARYS PLACE #4 CK CONSTRUC'nON ENClN,&-VR3 AND SURVBYVRS SCALE: 2/22/23 CHECKED BY: IL 7869 COMMERCE PARK 1212 LOCUST ST, DUI UOUE. Ut DUBUQUE, IOWA DUBUQUE, 10tM 52002 (5tL3) 5:&-43A0 SEE BAR SCALE, 2/23/23 We, the undersigned object to the building of a 40-unit apartment complex which is proposed for Lot 2 St. Mary's Place #4 Dubuque., Iowa for the following reasons: 1. The density of people and cars goes beyond what, is reasonably safe for the existing residents. 2. Traffic issues with the close proximity of two schools already tax the traffic system during the hours of 7:30 -- 9:00 and from 2:30 — 4:000 I Several cul-de-sac neighborhoods each with only one exit all convene near the proposed cOmplexes" entry/exit ramp. Those cul-de-sac neighborhoods are Hickory Hill, Kane Court, Shetland Court and Westmore. 4. With an additional 40 units there could conceivably be up to an additional 80 vehicles without enough arking provided and all trying to use the same access. It is conceivable that residents will try to use on street parking. REPARM NY: BUCSWr. 4t ASSCCIATES AO si 55e-43ag I W T f4 4 �cw or tf- Yv� I i 0 t do —All 0, M Z1. x 4b AI A f AI r 511 jo�; zi- C) x x 0 U. ci SHEET TITLE PROJECT —F—NO. 23026 DATE REVISIONS DRAWN BY: PREPARED FCR: filUESING 2/10/23 2/21/23 TPL CONCEPT KEVIN OBERBROCKLING ASSOCIATES INC. X& LOT 2 ST. MARYS PLACE #4 CK CONSTRUCTION RNGIMEERS AND SURVEMS SCALE. 2/22/23 CHECKED BY; 7869 COMMERCE PARK 2212 LOCUST ST. DULWUE. IA DUBUQUE, IOWA DUBUOUE, IOWA 520G2--- (50) SM-4309 SEE BAR SCALE, 2/23/23 si 55e-43ag I W T f4 4 �cw or tf- Yv� I i 0 t do —All 0, M Z1. x 4b AI A f AI r 511 jo�; zi- C) x x 0 U. ci SHEET TITLE PROJECT —F—NO. 23026 DATE REVISIONS DRAWN BY: PREPARED FCR: filUESING 2/10/23 2/21/23 TPL CONCEPT KEVIN OBERBROCKLING ASSOCIATES INC. X& LOT 2 ST. MARYS PLACE #4 CK CONSTRUCTION RNGIMEERS AND SURVEMS SCALE. 2/22/23 CHECKED BY; 7869 COMMERCE PARK 2212 LOCUST ST. DULWUE. IA DUBUQUE, IOWA DUBUOUE, IOWA 520G2--- (50) SM-4309 SEE BAR SCALE, 2/23/23 =6 Me We, the undersigned object to the buna . ing of a 40-unit apartment complex which is proposed for Lot� 2 st. Maryii Place #4 Dubuque, Iowa for the following reasons: L The density of people and cars goes beyond what is reasonably safe for the existing residents. 20 Traffic, issues with the close proximity of two schools already tax the traffic system during the hours of 7:30 — 9:00, and from 2:30 — 4:00. 3. Several cul-de-sac neighborhoods each with only one exit all convene near the proposed complexes' entry/exit ramp. Those cul-de-sac neighborhoods are Hickory Hill,, Kane Court, Shetland Court and Westmore, 4. With an additional 40 units there could conceivably be up to an additional 80 vehicles without enough parking provided and all trying to use the same access. It is conceivable that residents will try to use on street parking. Name Printed SignatuN Street Address City '�4 -I. 'kv zkViokiiii...-j" "Z- Z,_7 C 2 (3�1 3 100 SAA LIE SS 4 4 -A 4,4, 4 Zzi, 5 AZ, Z,.e J-1 6L 4-1 Ldi-1. 6 430 Z, -3 tie-5&'Vr.e_ C�- VBCk 7 Die? 13 k 6 %-wool Z4, 1 V 8 /-/,C k, &;,-t yl/� 9 1411111 0,7642 10 e t::� III 1 few 12 7 V' §3 6 0 13 V 14 5 fill bl�pvl_n If A 7 WI-6 26Z 0 cdWL V d/PXZ11VA 1) 6 (1 16 ellii:�11�1 Z,7 040, 17 Arl �6&11& 'U 514 PIZ)9 r, 18 Altloo' &-d'i NO' IQ 19 20 rA 21 Z4" 22 cL 23 14 24 125 #A iiie f."r '0 "e'- V P iii , c/�. -r : - Z ___ ' P a e P Carter Roaii,ileAning tublic Input [= Subject Property 200' Notification Boundary Parcel area within 200' -- 314,244 sq. ft. Petition Opposition Owner Opposition df L— within 200' = 76,203 sq. ft. Tenant Opposition within 200' WO, Opposition outside SIM 200' MIN Signatures of addresses collected outside this map boundary: �m 3070 Lindale St. 0 2671 Owen Ct. (Apt. #'s 59, 54, & 58) 2912--- C2 701 Cedar Cross Rd. -892 28041M 2455 Woodlawn St. 34 �5 2890 2806 C2 2870 Northridge Dr. m 1600 Lori St. r, 435 A H C2 1810 Kane St. n 290 e Kfiffo e ers 2824 IM 1. 28; 2826 CD 285 2830 IM Letter of Opposition A Lo 2950 A 870 284 Letter of Inquiry FA. 6 2 LO Percent of owner area opposed within notification boundary: E S, 77,536 sq. ft. /314,244 sq. ft. COD 935 24.7% 3032 ft co 13 LO LU CD Cn Ln ANNTAVER CD G) G) CM OD CD -as a C!) (0 (-,1 CD Carter Road PUD Request to rezone to a PUD with PR -Planned Residential designation. Staff Presentation to City Council March 2012023 W23 Sm tv]D EEO W. ffim I em EEM aim R-1 F7W- ;50, -'e"ay. m W F��- , m PR R-4 Xfx PR R-4. P R R-4 Fm t4ai IL Y14 EEA "EO M-1 L%:.' � ;L 40. Dubuque iT"E CM OF hW U YUB TE '1111' H*7-AJ2QVL1 Masterpiece an fhc Mimssm'opi :*17*2019 Vicinity Map Applicant. Xevirl CilerbrDeckling, CK Constructon Location: Carter Road, PIN 10 15453ON Descripton-, To rezone the r3ropefty to a Planned Uri it Development vvn PP -Planned Residential designation, Subject Property N Feel 1:2.500 Property Details 0 Subject Property: • 2.4-acre,. vacant lot • Frontage along Carter Road (-230 feet) • Irregularly shaped, 34' elevation change from west up to east • Easements: • Stormwater/sanitary sewer along Carter Road • Utility/sanitary sewer along the northern property line • Utility easement along southeaster property line 0 Zoning History: 0 1996 - Rezoned for PUD with PR -Planned Residential designation to allow a 64-unit senior housing development 0 1993 — Rezoned for a PUD with a PR -Planned Residential designation to allow a 16-unit, four building condominium development. 1985 — Given R-4 Multi -Family zoning classification 0 1975 — Zoned R-4 PUD 0 Prior to 1975 — Multi -Family PUD Project Description & Conceptual Plan mOne 16-unit 2-story multi- family residential building mOne 24-unit 3-story multi- family residential building mA detached garage (10 parking spaces) m54 off-street parking spaces (total 64 off-street parking spaces) mAccess from Carter Road,, across from Westmore mConsistencies with R-4 Multi -Family Residential zoning district. Neighborhood North — R-4 Multi -Family Residential (2 & 3-story buildings) West — R-I Single -Family Residential South — R-4 Multi -Family Residential (2-story building) 0 Southwest— PR -Planned Residential (St. Mary's Apartments/3-story) 0 Northwest — PR -Planned Residential (Pine Knoll HOA) Impact of Request on: 0 Comprehensive Plan: The Comprehensive Plan goals promote infill and mixed -use development. 0 Utilities: 0 The area is adequately served by city water and sanitary sewer 0 Traffic Carter Road is defined as a Minor Arterial 4,780 average annual daily traffic trips on Carter Road Estimated 332 average daily trips per weekday Estimated 168 average daily weekend trips per day Carter Road is designed to accommodate this additional traffic Surrounding development includes: Mix of multi -family residential & single-family residential Sisters of the Presentation, Care Initiatives Specialty Care nursing facility, Wahlert High School, and Mazzuchelli Catholic Middle School. With the exception of the proposed site, the neighborhood is fully developed. QUESTIONS? 61-A4A0A 3. Kkbi' C i -'l ( ",C) 4 Dp-,) 4r9- ; k3 STATE OF IOWA SS: DUBUQUE COUNTY CERTIFICATE OF PUBLICATION 1, Kathy Goetzinger, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: 03/10/2023 and for which the charge is 35.84 Ij Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this 10th day of March, 2023 Notary u lic in and for Dubuqud County, Iowa. JANET K. PAPE commission Number 199659 my Commission Expires 12/11/2025 Public Hearing #2 ORD #8-23 and Ad text CITY OF DUBUQUE, IOWA OFFICIAL NOTICE PUBLIC NOTICE is hereby given that the Dubuque City Council will conduct public hearings on the 20th day of March, 2023, at 6:30 p.m., in the Historic Federal Building, 350 W. 6th Street, 2nd floor, Dubuque, Iowa, on the following: REZONINGS 1. ^Request from Kevin Oberbroeckling, CK Construction, to rezone property located at Carter Road, PIN 1015453009, property to a Planned Unit Development with PR -Planned Residential designation. AMEND PLANNED UNIT DEVELOPMENT 1. ^Request from Michael Kahle, Plaza 20, to amend the Plaza 20 Planned Unit Development boundary and signage regulations, located at Plaza 20, 2600 Dodge Street. At the meeting, the City Council will receive oral and written comments from any resident or property owner of said City to the above action. The official agenda will be posted the Friday before the meeting and will contain public input options. The City Council agenda can be accessed at https://cityofdubuque.novusagenda.com/AgendaPublic/ or by contacting the City Cler'ks Office at 563-589-4100, etyclerk@cityofdubuque.org. Written comments regarding the above public hearings may be submitted to the City Clerk's Office via email at ctyclerk@cityofdubuque.org or by mail to City Clerk's Office, City Hall, 50 W. 13th St., Dubuque, [A 52001, before said time of public hearing. At said time and place of public hearings the City Council will receive any written comments. Covies of supporting documents for the public hearings are on file in the City Clerk's Office and may be viewed Monday through Friday between 8:00 a.m. and 5:00 p.m. Individuals with limited English proficiency, vision, hearing, or speech impairments requiring special assistance should contact the City Clerk's Office at (563) 589-4100, TDD 563) 690-6678, ctyclerk@cityofdubuque.org as soon as feasible. Deaf or hard -of -hearing individuals can use Relay Iowa by dialing 711 or (800) 735-2942. Adrienne N. Breitfelder City Clerk It 3/10 STATE OF IOWA SS: DUBUQUE COUNTY CERTIFICATE OF PUBLICATION I, Kathy Goetzinger, a Billing Clerk for Woodward communications, Inc., an Iowa corporation, publisher of the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: 03/24/2023 and for which the charge is 122.45 Y---- _ ' Cam 2` o�----Su scribed to befor a Notary Public in and or Dubuque County, Iowa, this 24th day of March, 2023 Notary Pub in and for Dubuque County, Iowa. a+aL at, JANET K. PAPE z° Y Commission Number 199659 My Commission Expires row % 12/11 /2025 Ad text : CITY OF DUBUQUE OFFICIAL PUBLICATION ORDINANCE NO. 8 - 23 AN ORDINANCE AMENDING TITLE 16 OF THE UNIFIED DEVELOPMENT CODE OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECINDING ORDINANCE 10-96 AND ORDINANCE 45-93 AND ADOPTIONG A PUD PLANNED UNIT DEVELOPMENT WITH A PR PLANNED RESIDENTAIL DISTRICT DESIGNATION AND CONCEPTUAL DEVELOPMENT PLAN FOR ONE 16-UNIT AND ONE 24-UNIT MULTI -FAMILY RESIDENTIAL BUILDING WITH A DETACHED GARAGE NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the Unified Development Code of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter -described property from PUD with a PR Planned Residential District designation to PUD Planned Unit Development District with a PR Planned Residential District designation, and adopting a conceptual development plan, a copy of which is attached to and made a part hereof, is hereby adopted and approved for the following described property, to wit: Lot 2 St. Mary's Place No. 4 and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. A. "Use Regulations. The following regulations shall apply to all uses made of land in the above -described PR Planned Residential District: 1. "Principal permitted uses shall be limited to one 16-unit multi -family residential building, one 24-unit multi -family residential buildings, and a detached parking garage. 2. "Accessory uses shall include any use customarily incidental and subordinate to the principal use it serves. B. "Lot and Bulk Regulations. Development of land in the PR Planned Residential District shall be regulated as follows: 1."Buildings setbacks shall be located in substantial conformance with the approved conceptual development plan. 2."Maximum building height of 40 feet shall be allowed in this Planned Residential District. 1."Unless otherwise indicated, the development of the property in this Planned Residential District shall be regulated by Section 16-5-5 of the Unified Development Code, R-4 Multi -Family Residential District. C. "Performance Standards The development and maintenance of uses in this PR Planned Residential District shall be regulated as follows: 1."Parking Regulations a. "All vehicle -related features shall be surfaced with either asphalt or concrete. b. "Curbing and proper surface drainage of storm water shall be provided. c. "All parking and loading spaces shall be delineated on the surfacing material by painted stripes or other permanent means. d. "Off-street parking shall be provided based on the approved conceptual plan. e. "The number, size, and design of parking spaces shall be governed by applicable provisions of the Unified Development Code Section 13-3 Site Development Regulations. f. "The number, size, design, and location of parking spaces designated for persons with disabilities shall be according to the local, state, or federal requirements in effect at the time of development. 2. "Site Lighting a. "Exterior illumination of site features shall be limited to the illumination of the following: i. "Parking areas, driveways, and loading facilities. ii. "Pedestrian walkway surfaces and entrances to building. iii. "Building exterior. b. "Location and Design i. "No light source shall provide illumination onto adjacent lots, buildings, or streets in excess of 1.0-foot candle. ii. "All exterior lighting luminaries shall be designed and installed to shield light from the luminaries at angles above 72-degrees from vertical. iii. "Fixtures mounted on a building shall not be positioned higher than the roofline of the building. iv. "All electrical service lines to posts and fixtures shall be underground and concealed inside the posts. 3."Landscaping Landscaping shall be provided in compliance with Section 13-4 Landscaping and Screening Requirements of the Unified Development Code. 4. "Storm Water Management The developer shall be responsible for providing surface or subsurface conveyance(s) of storm water from the lot to existing storm sewers or to flow line of open drainageways outside the lot in a means that is satisfactory to the Engineering Department of the City of Dubuque. Other applicable regulations enforced by the City of Dubuque relative to storm water management and drainage shall apply. 5. "Exterior Trash Collection Areas a. "The storage of trash and debris shall be limited to that produced by the principal permitted use and accessory uses on the lot. b. "All exterior trash collection areas and the material contained therein shall be visually screened from view. The screening shall be completely opaque fence, wall, or other feature not exceeding a height of 10 feet measured from the ground level outside the line of the screen. Screens built on sloping grades shall be stepped so that their top line shall be horizontal. Exposed materials used to construct the opaque screen shall be similar in appearance to materials used for exterior building walls. All exterior entrances to a screened trash area shall be provided with a gate or door of similar design to that of the screen. If a 10-foot height screen fails to shield the exterior trash collection area from view from the adjacent public right-of-way and neighboring properties, evergreen plantings may be required in addition to the screening. Evergreen plant material shall be selected and designed so that they screen the area from all off -site visibility within five (5) years. 6."Open Space Open space and landscaping in the PR Planned Residential District shall be regulated as follows. Those areas not designated on the conceptual development plan shall be maintained as open space, as defined Article 13 of the Unified Development Code of the City of Dubuque, Iowa, by the property owner and/or association. 7. "Platting Subdivision plats and improvement plans shall be submitted in accordance with Article 11 Land Subdivision, of the City of Dubuque Unified Development Code. 8."Site Plans Final site development plans shall be submitted in accordance with Article 12 Site Plans and Article 13 Site Design Standards prior to construction of each building and vehicle -related feature unless otherwise exempted by Article 12. D. "Sign Regulations 1. "Signs in the Planned Residential District shall be regulated in accordance with the R-4 Multi -Family Residential Zoning District sign regulations, Section 16-15-11.1 of the Unified Development Code. 2. "Variance requests from sign requirements for size, number, and height shall be reviewed by the Zoning Board of Adjustment in accordance with Section 16-8-6 of the Unified Development Code. E. "Other Codes and Regulations 1. "Service Lines. All electric, telephone, cable, or other similar utility lines serving the building and other site features shall be located underground. 2 "The use of semi -trailers and shipping containers for storage is prohibited. 3. "These regulations do not relieve the owner from other applicable city, county, state, or federal codes, regulations, laws, and other controls relative to the planning, construction, operation and management of property within the City of Dubuque. F. "Ordinance History 1. "Ord. 45-93: Establishment of a Planned Unit Development for a 16-unit condominium development. 2. "Ord. 10-96: Establishment of a Planned Unit Development for a 64-unit senior housing development. " G. "Transfer of Ownership Transfer of ownership or lease of property in this PR Planned Residential District shall include the transfer or lease agreement a provision that the purchaser or lessee acknowledges awareness of the conditions authorizing the establishment of the district. H. "Modifications Any modifications of this Ordinance must be approved by the City Council in accordance with zoning reclassification proceedings of Article 9-5 of the Unified Development Code. I. "Occupancy Permits No occupancy permit shall be issued by the City of Dubuque for property included in the subject planned unit development district until full compliance with this ordinance has been achieved. " J. "Recording A copy of this ordinance shall be recorded at the expense of the property owner(s) with the Dubuque County Recorder a permanent record of the conditions accepted as part of this reclassification approval within thirty (30) days after the adoption of this ordinance. This ordinance shall be binding upon the undersigned and his/her heirs, successors, and assigns. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. The foregoing amendment shall take effect upon publication, as provided by law. Passed, approved, and adopted this 20th day of March 2023. /s/Brad M. Cavanagh, Mayor Attest: /s/Adrienne N. Breitfelder, CMC, City Clerk Published officially in the Telegraph Herald newspaper on the 24th day of March, 2023. /s/Adrienne N. Breitfelder, City Clerk It 3/24