Loading...
Request to Amend a Planned Unit Development (PUD) to Allow Pet Daycare or Grooming as a Permitted Use_HearingCity of Dubuque City Council Meeting Public Hearings # 02. Copyrighted March 18, 2024 ITEM TITLE: Request to Amend a Planned Unit Development (PUD) to Allow Pet Daycare or Grooming as a Permitted Use. SUMMARY: Proof of publication on notice of public hearing to consider approval of a request from Natalie Hazewinkel to to amend a Planned Unit Development to allow Pet Daycare or Grooming as a Permitted Use for property located at 4995 Radford Court and Zoning Advisory Commission recommending approval. ORDINANCE Amending Title 16 of the City Of Dubuque Code of Ordinances Unified Development Code by Rescinding Ordinance No. 82-04 Which Provides Regulations for the PUD Planned Unit Development District with a Planned Commercial Designation and now being amended to modify the list of permitted uses to include Pet Daycare or Grooming. SUGGESTED Suggested Disposition: Receive and File; Motion B; Motion DISPOSITION: ATTACHMENTS: Description Type ZAC Memo to CC Supporting Documentation Application Supporting Documentation Applicant Narrative Supporting Documentation Staff Report Supporting Documentation Vicinity Map Supporting Documentation Ordinance Ordinance Ordinance - Exhibit Ordinance Planning Services Department City Hall 50 West 13th Street Dubuque, IA 52001-4864 (563) 589-4210 phone (563) 589-4221 fax (563) 690-6678 TDD planning@cityofdubuque.org THE CF DIUj___B E Masterpiece on the Mississippi The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 13th Street Dubuque IA 52001 Dubuque �II•Aneiiq ®q wnxuE nr.ic II 2007,2012.2013 2017*2019 March 14, 2024 Applicant: Natalie Hazewinkel Location: 4995 Radford Court Description: To amend a Planned Unit Development to allow Pet Daycare or Grooming as a Permitted Use. 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, Natalie Hazewinkel, 709 Rhomberg Avenue, spoke in favor of the request stating that she currently operates her pet grooming business from her home. She explained that she is seeking to relocate her business to 4995 Radford Court and is requesting to rezone the property in order to allow pet grooming as a permitted use at that location. There was no public input. Staff discussed the request noting that the property is part of a Planned Unit Development (PUD) area that was split into two areas as a result of recent rezoning of a portion of the PUD area for a residential project. Staff stated that the PUD area was established in 2002 and was amended in 2004 to allow for indoor restaurant use, specifically for the Pizza Ranch. Staff explained that the PUD was initially intended to include uses permitted in the C-2 and CS zoning districts, along with some uses permitted in the LI zoning district. Staff stated that Pet Daycare or Grooming is a permitted use in the LI zoning district currently. Staff noted that the neighborhood is a mixed -use area, and that Radford Road is a Major Collector street, and that the proposed Pet Daycare or Grooming is anticipated to be a compatible use within the neighborhood. The Commission discussed the request finding it appropriate. Service People Integrity Responsibility Innovation Teamwork The Honorable Mayor and City Council Members Page 2 Motion by Zuccaro, seconded by Russell, to approve the PUD amendment as submitted. Motion carried by the following vote: Aye — Lohrmann, Russell, Zuccaro, and Mulligan; Nay — none. Recommendation By a vote of 4 to 0, the Zoning Advisory Commission recommends that the City Council approve the request. A simple majority vote is needed for the City Council to approve the request. Respectfully submitted, X-1Z-C/z � -, Matthew Mulligan, rperson Zoning Advisory Commission Attachments Service People Integrity Responsibility Innovation Teamwork TE IF CITY OF DUB E Masteipiece on the Mississippi Zoning Advisory Commission ❑ Amended PUD ❑X Rezoning/PUD/ID ❑ Text Amendment ❑ Simple Subdivision ❑ Preliminary Plat ❑ Major Final Plat ❑ Minor Final Plat ❑ Waiver from Site Design Standards A. Property Information Zoning Board of Adiustment ❑ Conditional Use Permit ❑ Special Exception ❑ Variance ❑ Appeal Development Services ❑ Annexation ❑ Limited Setback Waiver ❑ Site Plan Simple ❑ Site Plan Minor ❑ Site Plan Major ❑ Simple Subdivision ❑ Temporary Use Permit ❑ Port of Dubuque/ Chaplain Schmitt Island Design Review Site Location/Address:4995 Radford Court, Dubuque, Iowa, 52002 Legal Description/Parcel ID#/Subdivision: Existing Zoning: PUD C Proposed Zoning: Historic District: C-3 City of Dubuque Planning Services Department Dubuque, IA 52001-4845 Phone:563-589-4210 Fax: 563-589-4221 PlanningPcityofdubugue.org Historic Preservation Commission ❑ Demolition Review ❑ Historic Revolving Loan ❑ Certificate of Economic Non -viability ❑ Design Review Certificate of Appropriateness ❑ Advisory Design Review (Public Projects) ❑ Historic Designation Site Area (square feet/acres): 775 .andmark: ❑ Yes ® No B. Describe proposal and reason for application (attach a letter of explanation, if necessary): Please see attached paper C. Applicant/Agent Information Name: Natalie Hazewinkel Phone: 563-590-8364 Address: 4039 Mount Vail Ridge City: Dubuque State: Iowa Zip: 52001 Email: clubpawshdbq@gmail.com D. Property Owner(s) Information Name(s): /0 GE : Phone: Address: —%' 2"7 Ar/"6 C A fT%- City: .b-cr 5UQ_ v IF - State: :;P1_ Zip: Email: 11 V t�EDLie Ca /f A -I E. Certification: I/we, the undersigned, do hereby certify/acknowledge that: 1. Payment does not guarantee approval and fees are nonrefundable; 2. All additional required written and graphic materials are attached; 3. It is the property owner's responsibility to locate property lines and to review the abstract for easements and restrictive covenants; and 4. The information submitted herein is true and correct to the best of my/our knowledge and upon submittal becomes public record. Applicant/ Property ( Fee $ Ck# ❑CC [-]Cash Received by Date: 2- Date: d;7- le I - Date B. Describe proposal and reason for application (attach a letter of explanation, if necessary): I am proposing to have 4995 Radford Court rezoned to C-3. I currently own Club Pawsh Grooming at 709 Rhomberg Ave. After being at that location for a little over a year now, I have noticed we are needing a little more space, better client parking, & being closer to our current clientele, which most are living on the westend of town. After finding 4995 Radford Court, It seems to be the perfect size, location, and shop set up! Only issue is that it is not currently zoned for a small grooming shop. The grooming shop will not expand to the outside. All temporary holding kennels are kept inside. Pets come in and leave the same day. We do not offer any boarding or overnight holds. nLLVIVL nLVVLJ I FOR 4995 RADFORD COURT, DUBUQUE, IA 52002 Hi! I'm 24 year old, Dubuque native, Natalie Hazewinkel. I have been grooming for over 5 years. My first 4 years I groomed at Urban Hound. In November of 2022, 1 purchased 709 Rhomberg Avenue and started my own business, Club Pawsh Grooming, LLC. I'm looking for a slightly larger space on the west end of Dubuque. 4995 Radford Court offers more space as well as a central location for my customers, with more convenient parking. This new location will offer the some great full service grooming. Dogs are bathed and groomed inside. I do not offer boarding or any outdoor dog runs. All services offered are performed some day and inside the building. I'm open Monday thru Saturday, with hours between 7:30am to 5:00pm. Thank you for your consideration, 4�&*Uuw, Natalie Hazewinkel Owner of Club Pawsh Grooming, LLC 563-599-2989 THE CITY OF DUB E Masterpiece on the Mississippi Dubuque Planning Services Department r City Hall - 50 West 131h Street AII•AmerieaCil Dubuque, IA 52001-4845 (563) 589-4210 phone (563) 589-4221 fax I®� (563) 690-6678 TDD planning@cityofdubuque.org 2007+2012+2013 2017*2019 March 13, 2024 TO: Zoning Advisory Commission FROM: Travis Schrobilgen, Assistant Planner SUBJECT: To amend a Planned Unit Development to allow Pet Daycare or Grooming as a Permitted Use. INTRODUCTION The applicant is requesting to amend the existing Planned Unit Development (PUD) located northeast of the Radford Road and Radford Court intersection to allow Pet Daycare or Grooming as a Permitted Use. BACKGROUND The subject Planned Unit Development is located northeast of the Radford Road and Radford Court intersection. The PUD is accessed from Radford Court and Radford Road. The PUD was originally established in 2002, Ordinance 86-02, with a PC Planned Commercial designation. The PUD was later amended with Ordinance 82-04 to allow restaurants as a permitted use in the northern 1.3 acres of the PUD (the current site of Pizza Ranch). The PUD boundary was reduced in 2023 when a portion of the PUD was rezoned to OC to accommodate a multi -family development. The applicant is now requesting to amend the current PUD (Ordinance 82-04) so they can operate a dog grooming business from the property at 4989-4997 Radford Court. The PUD boundary is identified in the image on the following page. Memo to Zoning Advisory Commission Page 2 R-2 =5 01 t7iJY �� � 4 �' � 1 _. . J3 y o.wu.. Tr3EcnY of Dub Masterp�ecemr ilm .iS .;<r.;cif Pi ioi •zoi9 Vicinity Map 41-- - 4 An w �'•� � •• 6g4rrae U. ww we r PC CCI�i§m- �1 Applicant: Natalie Hazewinkel P.0 Location: North of Radford Court and east of 1' T.s Radford Road r _ �� s7�R•3 LJ Request": PUD Amend meat Lr'Jr7F�ff Description: To amend a Planning Unit y MT Development to allow Pet Daycare or Grooming as dD Ob a Permitted use. - _ L29 -� f� %: : Subject Property � N �. t.. C 3 „ ri F.i zsuo DISCUSSION The applicant is requesting to amend the current PUD (Ordinance 82-04) so they can operate a dog grooming business from the property at 4989-4997 Radford Court. The current list of permitted uses within the PUD includes a mixture of uses also permitted with the C-2, CS, and LI zoning districts. The proposed text amendment would modify the list of permitted uses to include Pet Daycare or Grooming. Pet Daycare and Grooming is allowed as a permitted use in C-3, C-4, CS, LI, HI, and MHI zoning districts and is also listed as a conditional use in the C-2 zoning district. All other development regulations with the PUD such as residence type, building height, lot sizes, parking requirements, and signage would remain unchanged. The property is located in a mixed -use area along Radford Road, which is classified as a Major Collector by the Iowa Department of Transportation. The site itself limits the impact of the proposed use as the layout of the property limits the Pet Daycare and Grooming activity to indoor only. Additionally, given the original PUD was intended to permit a mixture of uses allowed the C-2, CS, and LI districts, and that Pet Daycare and Grooming is allowed as either a permitted or conditionally permitted use in each of Memo to Zoning Advisory Commission Page 2 those districts, the proposed amendment is not expected to have a substantial impact on neighboring properties. All developments within the PUD require building permits through Inspection and Construction Services. Additionally, developments that modify the site or any new construction would require a full site plan with review and approval through the City's Development Review Team (DRT). The DRT is comprised of multiple City departments including Engineering, Planning, Water Distribution, Fire, Police, Housing & Community Development, and Leisure Services. Site plans are reviewed by all relevant departments regarding street improvements, site access, parking, grading, screening, paving, park land, stormwater management, water connection, sanitary sewer connection, fire safety, and more. RECOMMENDATION City staff recommends that the Zoning Advisory Commission review the enclosed materials and make a recommendation to the City Council regarding the proposal to allow Pet Daycare or Grooming as a Permitted Use within the subject Planned Unit Development. Attachments AW Ulm 'M1,4WQJE3 R=2 i Q�3 Q go R-3 iKIM SW M3 R-4 f� � f�0 flies 3 R- OC 477 � 4�4 PC OCp R-1 fib PC ' -3 �D 900E3 9EE?3 90(� C-2 4s� 9E�0 fl Oc Dbq Co 9D�1 C-3 9�E3D MR md Vicinity Map Applicant: Natalie Hazewinkel Location: North of Radford Court and east of Radford Road Request type: PUD Amendment Description: To amend a Planning Unit Development to allow Pet Daycare or Grooming as a permitted use. IF .� : : Subject Property 0 100 200 400 Feet 1:2,500 N A Prepared by: Wally Wernimont, City Planner Address: City Hall, 50 W. 13th St Telephone: 589-4210 Return to: Adrienne Breitfelder, City Clerk Address: City Hall- 50 W. 131h St Telephone: 589-4121 ORDINANCE NO. 7-24 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES UNIFIED DEVELOPMENT CODE BY RESCINDING ORDINANCE NO. 82-04 WHICH PROVIDES REGULATIONS FOR THE PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PLANNED COMMERCIAL DESIGNATION AND NOW BEING AMENDED TO MODIFY THE LIST OF PERMITTED USES TO INCLUDE PET DAYCARE OR GROOMING NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CiTY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is hereby amended by rescinding Ordinance 82-04 which provides regulations for a Planned Unit Development District with a Planned Commercial District designation, and now being amended to modify the list of permitted uses to include pet daycare or grooming. As shown in Exhibit A, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. Pursuant to Iowa Code Section 414.5 (1993) and as an express condition of the reclassification, the undersigned property owner agrees to the following conditions, all of which the property owner further agrees are reasonable and imposed to satisfy the public needs that are caused directly by the zoning reclassification: A. Use Regulations The following regulations shall apply to all land uses in the above -described PUD District. 1. Principal permitted uses of the lots designated for commercial development shall be limited to: Radford Road PUD Amendment Ordinance No. 7 — 24 Residential Uses above the first floor only General offices Medical/office/clinic Indoor restaurant Drive-in/carry-out restaurant Dental medical lab Schools of private instruction Barber/beauty shops Retail sales/services Laundry/dry cleaner Shoe repair Tailoring/alterations Catalog center Laundromat Artist studio Photographic studio Neighborhood shopping center Furniture/home furnishings Appliance sales and service Office supply Vending/game machines sales and service Mail order houses Auto parts/supply Vehicle rental Upholstery shop Contractor shop/yard Wholesale sales/distributor Miniwarehousing Refrigeration equipment and supply, sales, and service Landscaping services Animal hospital/clinic Personal services Automated gas station Gas station Service station Bakery (wholesale/commercial) Drive -up automated bank teller Self-service car wash Full -service car wash Furniture upholstery repair Business services Banks, savings, and loans, and credit unions Indoor recreation facilities Printing and publishing Laboratories for research or engineering Page 2 Radford Road PUD Amendment Page 3 Ordinance No. 7 -- 24 Pet daycare or grooming Group daycare center provided that: a. Forty (40) square feet of indoor floor area (excluding halls and bathrooms) is provided per child in areas occupied by cribs, thirty-five (35) square feet of indoor area (excluding halls and bathrooms) is provided per child in areas not occupied by cribs times the licensed capacity; and seventy- five (75) square feet of fenced outdoor recreation space is provided per child using the space at a given time; b. That parking requirements can be met; C. Such facility shall supply loading and unloading of children so as not to obstruct public streets or create traffic or safety hazards; d. All licenses have been issued or have been applied for awaiting the outcome of the Boards' decision; e. Signage for a single-family home shall be limited to one non - illuminated, wall -mounted sign, not to exceed four (4) square feet in area; and f. No group daycare center may be located within the same structure as any gas station, bar/tavern, automated gas station or facility selling, servicing, repairing or renting vehicles. 2. Accessory uses shall include any use customarily incidental and subordinate to the principle use it serves. Parking group — see Section 4- 2 of the Zoning Ordinance. B. Lot and Bulk Regulations Development of land in the PUD District shall be regulated as follows: All buildings and structures located on lots designated for commercial development shall meet bulk regulations set forth in the Zoning Ordinance for C-2 Neighborhood -Shopping Center; Section- 3-3. 2(F) C. Performance Standards The development and maintenance of uses in this PUD District shall be established in conformance with Section 3-5.5 of the Zoning Ordinance and the following standards: 1. Indoor restaurants and drive-in/carry-out restaurants are restricted to the north 1.3 acres of the Planned Commercial District. Radford Road PUD Amendment Ordinance No. 7 — 24 Page 4 2. Public streets within the Planned Unit Development District shall be designed and built to City Engineering specifications. 3. Erosion control shall be provided during all phases of construction. 4. Parking requirements for allowed uses in the PUD District shall be as per the parking group for the designated use, in accordance with Section 4-2 of the Zoning Ordinance. 5. Storm water detention facilities will be provided as per City Engineering requirements. 6. Adequate illumination shall be provided to areas used for vehicle and pedestrian circulation. Light fixtures shall be of a cut-off design and be mounted at a 72-degree angle to a vertical light standard. 7. Final site development plans shall be submitted in accordance with section 4-4 of the Zoning Ordinance of the City of Dubuque, Iowa prior to construction of any buildings. Screening shall be placed along the boundary of the residential district as per City standards. 8. Outdoor storage must be screened to a height that obscures the stored material from adjacent residential property, but in no case shall screening be less than six (6) feet in height. D. Open Spaces and Landscaping Open space and landscaping in the PUD District shall be regulated as follows: Those areas not designated on the conceptual plan for development shall be maintained as open space as defined by Section 8 of the Zoning Ordinance by the property owners and/ or association. E. Sign Regulations Signs in the PUD District shall be regulated as follows: Signage shall be regulated by the C-2 Neighborhood Shopping Center District sign regulations of Section 4-3.11 of the Zoning Ordinance. F. Ordinance History 1) Ordinance No. 86-02 established regulations for the Planned Unit Development. 2) Ordinance No. 82-04 amended the Planned Unit Development regulations to add, with conditions, drive-in/carry-out restaurants to the list of permitted uses. Radford Road PUD Amendment Ordinance No. 7 — 24 Page 5 G. Transfer of Ownership Transfer of ownership or lease of property in this PUD District shall include in 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. Recording A copy of this ordinance shall be recorded at the expense of the property owner(s) with the Dubuque County Recorder as 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 3. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 4. This Ordinance shall take effect upon publication, as provided by law. Passed, approved and adopted this 18th day of March 2024. �r r rMayor Attest: Adrienne N. Breitfelder, City Clerk tv Doc ID: 011202280007 Type: GEN Kind: ORDINANCE Recorded: 03/21/2024 at 03:20:48 PM Fee Amt: $37.00 Paqe 1 of 7 Dubuque County Iowa Karol Kennedy Recorder File2O24-00002284 Prepared by: Wally Wernimont, City Planner Address: City Hall, 50 W. 13th St Telephone: 589-4210 Return to: Adrienne Breitfelder, City Clerk Address: City Hall- 50 W. 131h St Telephone: 589-4121 ORDINANCE NO. 7-24 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES UNIFIED DEVELOPMENT CODE BY RESCINDING ORDINANCE NO. 82-04 WHICH PROVIDES REGULATIONS FOR THE PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PLANNED COMMERCIAL DESIGNATION AND NOW BEING AMENDED TO MODIFY THE LIST OF PERMITTED USES TO INCLUDE PET DAYCARE OR GROOMING NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is hereby amended by rescinding Ordinance 82-04 which provides regulations for a Planned Unit Development District with a Planned Commercial District designation, and now being amended to modify the list of permitted uses to include pet daycare or grooming. As shown in Exhibit A, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa_ Section 2. Pursuant to Iowa Code Section 414.5 (1993) and as an express condition of the reclassification, the undersigned property owner agrees to the following conditions, all of which the property owner further agrees are reasonable and imposed to satisfy the public needs that are caused directly by the zoning reclassification: A. Use Regulations The following regulations shall apply to all land uses in the above -described PUD District. Principal permitted uses of the lots designated for commercial development shall be limited to: City Planning 0 370, Radford Road PUD Amendment Ordinance No. 7 — 24 Residential Uses above the first floor only General offices Medical/office/clinic Indoor restaurant Drive-in/cant'-out restaurant Dental medical lab Schools of private instruction Barber/beauty shops Retail sales/services Laundry/dry cleaner Shoe repair Tailoring/alterations Catalog center Laundromat Artist studio Photographic studio Neighborhood shopping center Furniture/home furnishings Appliance sales and service Office supply Vending/game machines sales and service Mail order houses Auto parts/supply Vehicle rental Upholstery shop Contractor shop/yard Wholesale sales/distributor Miniwarehousing Refrigeration equipment and supply, sales, and service Landscaping services Animal hospital/clinic Personal services Automated gas station Gas station Service station Bakery (wholesale/commercial) Drive -up automated bank teller Self-service car wash Full -service car wash Furniture upholstery repair Business services Banks, savings, and loans, and credit unions Indoor recreation facilities Printing and publishing Laboratories for research or engineering Page 2 Radford Road PUD Amendment Page 3 Ordinance No. 7 — 24 Pet daycare or grooming Group daycare center provided that: a. Forty (40) square feet of indoor floor area (excluding halls and bathrooms) is provided per child in areas occupied by cribs, thirty-five (35) square feet of indoor area (excluding halls and bathrooms) is provided per child in areas not occupied by cribs times the licensed capacity; and seventy- five (75) square feet of fenced outdoor recreation space is provided per child using the space at a given time; b. That parking requirements can be met; C. Such facility shall supply loading and unloading of children so as not to obstruct public streets or create traffic or safety hazards; d. All licenses have been issued or have been applied for awaiting the outcome of the Boards' decision; e. Signage for a single-family home shall be limited to one non - illuminated, wall -mounted sign, not to exceed four (4) square feet in area; and f. No group daycare center may be located within the same structure as any gas station, bar/tavem, automated gas station or facility selling, servicing, repairing or renting vehicles. 2. Accessory uses shall include any use customarily incidental and subordinate to the principle use it serves. Parking group — see Section 4- 2 of the Zoning Ordinance. B. Lot and Bulk Regulations Development of land in the PUD District shall be regulated as follows: All buildings and structures located on lots designated for commercial development shall meet bulk regulations set forth in the Zoning Ordinance for C-2 Neighborhood -Shopping Center; Section- 3-3. 2(F) C. Performance Standards The development and maintenance of uses in this PUD District shall be established in conformance with Section 3-5.5 of the Zoning Ordinance and the following standards: 1. Indoor restaurants and drive-in/carry-out restaurants are restricted to the north 1.3 acres of the Planned Commercial District. Radford Road PUD Amendment Ordinance No. 7 — 24 Page 4 2. Public streets within the Planned Unit Development District shall be designed and built to City Engineering specifications. 3. Erosion control shall be provided during all phases of construction. 4. Parking requirements for allowed uses in the PUD District shall be as per the parking group for the designated use, in accordance with Section 4-2 of the Zoning Ordinance. 5. Storm water detention facilities will be provided as per City Engineering requirements. 6. Adequate illumination shall be provided to areas used for vehicle and pedestrian circulation. Light fixtures shall be of a cut-off design and be mounted at a 72-degree angle to a vertical light standard. 7. Final site development plans shall be submitted in accordance with section 4-4 of the Zoning Ordinance of the City of Dubuque, Iowa prior to construction of any buildings. Screening shall be placed along the boundary of the residential district as per City standards. 8. Outdoor storage must be screened to a height that obscures the stored material from adjacent residential property, but in no case shall screening be less than six (6) feet in height. D. Open Spaces and Landscaping Open space and landscaping in the PUD District shall be regulated as follows: Those areas not designated on the conceptual plan for development shall be maintained as open space as defined by Section 8 of the Zoning Ordinance by the property owners and/ or association. E. Sign Regulations Signs in the PUD District shall be regulated as follows: Signage shall be regulated by the C-2 Neighborhood Shopping Center District sign regulations of Section 4-3.11 of the Zoning Ordinance. F. Ordinance History 1) Ordinance No. 86-02 established regulations for the Planned Unit Development. 2) Ordinance No. 82-04 amended the Planned Unit Development regulations to add, with conditions, drive-in/carry-out restaurants to the list of permitted uses. Radford Road PUD Amendment Ordinance No. 7 — 24 Page 5 G. Transfer of Ownership Transfer of ownership or lease of property in this PUD District shall include in 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. Recording A copy of this ordinance shall be recorded at the expense of the property owner(s) with the Dubuque County Recorder as 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 3. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 4. This Ordinance shall take effect upon publication, as provided by law. Passed, approved and adopted this 18th day of March 2024. avanagh, Mayor Attest: a4 Adrienne N. Breitfelder, City Clerk 0 5125 2110 5025 dd48 4458 4952 49d8 r d466,T44782211 4411 (iyiM1f 4486 d194, 5010 .2201 «'r 491505050411 05030 2085 •••`Cq4500 2 2199 2192 MF4463 l�1p�O2195 2182 '°"75,.R* 451e �. 2176 . 44a3. • 189 2174 2193 �4f 0,82164 ; 2035 �2185 l OPFOR 2158 .� 14503 9r 6515 � �rr zns .w 145 216 2194 4, r,?v ;- 2161 2149 2182 2176 Ai•. p. rt .M,...,� �. 1 2020'` ; 2143 N0R7R S7gR D�! ,�e rwd? •r. �Y� •: i� , 21J9 2136 pr 21015 1 2179,, iq 4947 ,2107 93.1 2079• 2088 8 2077 2075 4944 ,S 4938 2067, 1 27.1M +.. ; `• '. 4. k 1 "y 'h 054 `' ! w 1493: c f a204/945 0 q •k.�,, ...... . A 42035 4975 a• 149�4.0 4�rI 1 L u 4953 CARVEROR RAUFORD D7.. 1987 = 494� ••16n1 i 1937 1969 q� 4956 o •1941 4946 4890 4980 w d yy,;; . r 493�4 {� i �,169i 2'. CERTIFICATE of the CITY CLERK STATE OF IOWA SS: COUNTY OF DUBUQUE ) I, 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. 7-24 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. Dated at Dubuque, Iowa, on this 21 sc day of March 2024. Adrienne N. Breitfelder, City Clerk 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: 03/14/2024 and for which the charge is 35.33 rd,7( Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this 14th day of March, 2024 ' Notary ?'ul�lic in and for Dubuque County, Iowa. /Owa JANET K. PAPE r Commission Number 199659 My Commission Expires 12/11/2025 Ad text : CITY OF DUBUQUE, IOWA OFFICIAL NOTICE PUBLIC NOTICE is hereby given that the Dubuque City Council will conduct public hearings on the 18th day of March 2024, at 6:30 p.m., in the Historic Federal Building, 350 W. 6th Street, 2nd floor, Dubuque, Iowa, on the following: REZONING 1. Request from Joshua Jansen to rezone property located at 35 Locust St. from C-3 General Commercial to C-4 Downtown Commercial. PLANNED UNIT DEVELOPMENT AMENDMENT 1. Request from Natalie Hazewinkel to amend a Planned Unit Development to allow Pet Daycare or Grooming as a Permitted Use North of Radford Ct. and east of Radford Rd. 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 Clerk's Office at 563-589-4100, ctyclerk@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, IA 52001, before said time of public hearing. At said time and place of public hearings the City Council will receive any written comments. Copies 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, 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, CMC City Clerk 1t 3/14 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: 03/22/2024 and for which the charge is 114.68 Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this 22nd day of March, 2024 P�fblic in and for Dubuqud County, Iowa. rQlnc A JANET K. PAPE z.,7 Commission Number 199659 My Commission Expires gown 12/11/2025 Ad text : CITY OF DUBUQUE OFFICIAL PUBLICATION ORDINANCE NO. 7-24 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES UNIFIED DEVELOPMENT CODE BY RESCINDING ORDINANCE NO. 82-04 WHICH PROVIDES REGULATIONS FOR THE PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PLANNED COMMERCIAL DESIGNATION AND NOW BEING AMENDED TO MODIFY THE LIST OF PERMITTED USES TO INCLUDE PET DAYCARE OR GROOMING NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is hereby amended by rescinding Ordinance 82-04 which provides regulations for a Planned Unit Development District with a Planned Commercial District designation, and now being amended to modify the list of permitted uses to include pet daycare or grooming. As shown in Exhibit A, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. Pursuant to Iowa Code Section 414.5 (1993) and as an express condition of the reclassification, the undersigned property owner agrees to the following conditions, all of which the property owner further agrees are reasonable and imposed to satisfy the public needs that are caused directly by the zoning reclassification: A. "Use Regulations The following regulations shall apply to all land uses in the above -described PUD District. 1. "Principal permitted uses of the lots designated for commercial development shall be limited to: Residential Uses above the first floor only General offices Medical/office/clinic Indoor restaurant Drive-in/carry-out restaurant Dental medical lab Schools of private instruction Barber/beauty shops Retail sales/services Laundry/dry cleaner Shoe repair Tailoring/alterations Catalog center Laundromat Artist studio Photographic studio Neighborhood shopping center Furniture/home furnishings Appliance sales and service Office supply Vending/game machines sales and service Mail order houses Auto parts/supply Vehicle rental Upholstery shop Contractor shop/yard Wholesale sales/distributor Miniwarehousing Refrigeration equipment and supply, sales, and service Landscaping services Animal hospital/clinic Personal services Automated gas station Gas station Service station Bakery (wholesale/commercial) Drive -up automated bank teller Self-service car wash Full -service car wash Furniture upholstery repair Business services Banks, savings, and loans, and credit unions Indoor recreation facilities Printing and publishing Laboratories for research or engineering Pet daycare or grooming Group daycare center provided that: a. Forty (40) square feet of indoor floor area (excluding halls and bathrooms) is provided per child in areas occupied by cribs, thirty-five (35) square feet of indoor area (excluding halls and bathrooms) is provided per child in areas not occupied by cribs times the licensed capacity; and seventy- five (75) square feet of fenced outdoor recreation space is provided per child using the space at a given time; b. " That parking requirements can be met; c." Such facility shall supply loading and unloading of children so as not to obstruct public streets or create traffic or safety hazards; d. "All licenses have been issued or have been applied for awaiting the outcome of the Boards' decision; e. "Signage for a single-family home shall be limited to one non -illuminated, wall -mounted sign, not to exceed four (4) square feet in area; and f. "No group daycare center may be located within the same structure as any gas station, bar/tavern, automated gas station or facility selling, servicing, repairing or renting vehicles. 2. Accessory uses shall include any use customarily incidental and subordinate to the principle use it serves. Parking group - see Section 4- 2 of the Zoning Ordinance. B. "Lot and Bulk Regulations Development of land in the PUD District shall be regulated as follows: All buildings and structures located on lots designated for commercial development shall meet bulk regulations set forth in the Zoning Ordinance for C-2 Neighborhood -Shopping Center; Section- 3-3. 2(F) C. "Performance Standards The development and maintenance of uses in this PUD District shall be established in conformance with Section 3-5.5 of the Zoning Ordinance and the following standards: 1. "Indoor restaurants and drive-in/carry-out restaurants are restricted to the north 1.3 acres of the Planned Commercial District. 2. "Public streets within the Planned Unit Development District shall be designed and built to City Engineering specifications. 3. "Erosion control shall be provided during all phases of construction. 4. "Parking requirements for allowed uses in the PUD District shall be as per the parking group for the designated use, in accordance with Section 4-2 of the Zoning Ordinance. 5. "Storm water detention facilities will be provided as per City Engineering requirements. 6. "Adequate illumination shall be provided to areas used for vehicle and pedestrian circulation. Light fixtures shall be of a cut-off design and be mounted at a 72-degree angle to a vertical light standard. 7. "Final site development plans shall be submitted in accordance with section 4-4 of the Zoning Ordinance of the City of Dubuque, Iowa prior to construction of any buildings. Screening shall be placed along the boundary of the residential district as per City standards. 8. "Outdoor storage must be screened to a height that obscures the stored material from adjacent residential property, but in no case shall screening be less than six (6) feet in height. D. "Open Spaces and Landscaping Open space and landscaping in the PUD District shall be regulated as follows: Those areas not designated on the conceptual plan for development shall be maintained as open space as defined by Section 8 of the Zoning Ordinance by the property owners and/ or association. E. "Sign Regulations Signs in the PUD District shall be regulated as follows: Signage shall be regulated by the C-2 Neighborhood Shopping Center District sign regulations of Section 4-3.11 of the Zoning Ordinance. F. " "Ordinance History 1)"Ordinance No. 86-02 established regulations for the Planned Unit Development. 2)"Ordinance No. 82-04 amended the Planned Unit Development regulations to add, with conditions, drive-in/carry-out restaurants to the list of permitted uses. G. "Transfer of Ownership Transfer of ownership or lease of property in this PUD District shall include in 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. "Recording A copy of this ordinance shall be recorded at the expense of the property owner(s) with the Dubuque County Recorder as 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 3. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 4. This Ordinance shall take effect upon publication, as provided by law. Passed, approved and adopted this 18th day of March 2024. /s/Brad M. Cavanagh, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 22nd day of March, 2024. /s/Adrienne N. Breitfelder, CMC, City Clerk 1t 3/22