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405, 575, and 595 Cedar Cross Road Rezoning RequestCity of Dubuque City Council Meeting ITEM TITLE: SUMMARY: SUGGESTED DISPOSITION: Copyrighted August 19, 2024 Public Hearings # 03. 405, 575, and 595 Cedar Cross Road Rezoning Request Proof of publication on notice of public hearing to consider a request from Merfeld Properties, LLC, Julie Merfeld to rezone property located at 405, 575, and 595 Cedar Cross Road from R-1 Single -Family Residential to CS Commercial Service and Wholesale. Zoning Advisory Commission recommending approval only of the rezoning of 595 Cedar Cross Road. ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 595 Cedar Cross Road from R-1 Single - Family Residential District to CS Commercial Services and Wholesale District or ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 405, 575 and 595 Cedar Cross Road from R-1 Single -Family Residential District to CS Commercial Services and Wholesale District Suggested Disposition: Receive and File; Motion B; Motion A ATTACHMENTS: Description ZAC Staff Memo to CC Planning Application Vicinity Map Staff Report Public Input - Opposition R-1 Single -Family Zoning Regulations CS Commercial Service Zoning District Regulations Ordinance Option 1 Ordinance Option 2 PowerPoint Presentation Type Staff Memo Supporting Documentation Supporting Documentation Staff Memo Staff Memo Supporting Documentation Supporting Documentation Ordinance Supporting Documentation Supporting Documentation Public Input_Uploaded 8.19.24 Supporting Documentation 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 Masterpiece on the Mississippi The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 13th Street Dubuque IA 52001 Dubuque uI *ixrla11111 Ciq 2007.2012.2013 2017*2019 August 12, 2024 Applicant: Merfeld Properties, LLC, Julie Merfeld Location: 405 , 575, and 595 Cedar Cross Road Description: To rezone property from R-1 Single -Family Residential to CS Commercial Service and Wholesale. Dear Mayor and City Council Members: The City of Dubuque Zoning Advisory Commission has reviewed the above -cited request at their meeting on August 7, 2024. The application, staff report, and related materials are attached for your review. Discussion Julie Merfeld, 10713 Cottingham Road, spoke on behalf of the application, stating their request to rezone from the property from R-1 to CS. She noted the house at 595 Cedar Cross Road is rented as an Airbnb. She explained that they have tried to sell it, but potential buyers are reluctant when they learn the front yard could be reduced for a turn lane, but she has some interest in using the house for an insurance business. She said this is predominantly a commercial area. She stated the property has been in the family for 75 years, and they need to develop it. She stated they would like to move the Precision Transmission business here from 3130 Cedar Cross Court because the city has eliminated on -street parking there. She said this would not lead to an increase in traffic on Cedar Cross Road. She noted there would be seven employees working Monday to Friday from 7 AM — 5 PM. She said the property would be kept neat, it wouldn't be noisy, and the building would run the length of the property. Mike Reinert, 401 Cedar Cross Road, spoke in opposition to the request, noting that his R-1 property would be surrounded by commercial if this were to be approved. He stated that this would have a negative impact on him and decrease the value of his property, noting impacts such as noise and commercial activity. He said no direct plan has been submitted, which leaves the possibilities for development open ended. He said he is in favor of single-family residential development. He noted plans for widening Cedar Cross Road, which would affect all these properties. He said that parking from Cedar Cross Court has been coming over to the subject property already. He noted the zoning has been R-1 for 50 years, and he believes it should stay that way. He expressed appreciation that the Commission did not recommend the previous rezoning request in June 2023. Service People Integrity Responsibility Innovation Teamwork The Honorable Mayor and City Council Members Page 2 Jason Maas read an opposition letter on behalf of his mother, Carol Mass, who resides at 3095 Nightengale Lane. She stated the rezoning would have a negative impact on her, so she desires these properties to remain R-1. She expressed that there are uncertainties about what could be developed there, and it could put a strain on the roads here. She noted the attempt to rezone to multifamily was previously denied, and she hopes to preserve the character of the neighborhood. John Hoist, 3110 Nightengale Lane, said that the area is quiet except for the sports complex traffic congestion. He stated that he doesn't want any more entrances or exits on Nightengale because the road isn't in good shape and will need to be improved in the future. Luke Merfeld, 10713 Cottingham Road, spoke in favor of the request stating that there was an ice business that used to generate high volumes of truck traffic, but they went out of business so those box trucks aren't going on Nightengale anymore and that the Precision Transmission business would be less traffic. Staff detailed the staff report and displayed the location of the project and shared the notification map showing property owners within 200' who received notice. Staff described the property characteristics including the zoning history, project site, site topography, and adjacent land uses. Staff discussed utilities available in the area and discussed potential impacts of request, explaining that any development on the subject lots would be subject to site plan review by the Development Review Team (DRT). Staff noted the setbacks would be a minimum of 20' for development on a commercial property that abuts a residential property. Staff noted that the city does have future plans for improvements along Cedar Cross Road and Nightengale Road and explained that future roadway improvements would be considered during a site plan review process. Staff explained that the previous rezoning request in 2023 was for a Planned Unit Development, which requires a conceptual site plan, but this request does not because it's a traditional rezoning. Staff also noted that the previous application was not denied but was withdrawn by the applicant prior to City Council review. Staff shared 39 permitted uses in CS districts but mentioned that some could be challenging due to the size of the subject property. Staff noted the two letters of opposition that were submitted and provided to the Commission. Staff responded to concerns expressed about storing vehicles on the subject property, noting exterior storage of multiple vehicles is not currently a permitted use for R-1 zoned properties. The Commission asked about plans for road work on Cedar Cross Road and the potential loss of property. Staff stated there is future plans to widen portions of Cedar Cross Road and add a turn lane and to widen Nightengale Lane. The Commission asked about 406 Cedar Cross Road, noting that it is a residential structure within a commercial zone. Staff replied that it's legally nonconforming and that there is a commercial business within the existing residential structure. Commissioners also asked about the garage at 405 Cedar Cross and staff replied that it's legally Service People Integrity Responsibility Innovation Teamwork The Honorable Mayor and City Council Members Page 3 nonconforming as there was a mobile home that was removed leaving the garage as legally non -conforming structure. Commissioners asked about the businesses at 15 and 19 Nightengale Lane and staff replied that there is a childcare and a former ice distributor. The Commission discussed the request noting that the zoning would cut through two R-1 properties. They noted that the previous request for 32 residential units. They noted there was opposition due to traffic and headlights and that this request would not have traffic and headlights but is also opposed by the neighbors. They discussed that is an unusual location with respect to zoning. They discussed the option of 595 Cedar Cross being an office and that there is a large commercial area with CS zoning on both sides of Cedar Cross Road. They said this is not a good location for R-1 development expressing doubts that anyone would build a home on the subject lots, and that it would be hard to sell the homes that are left behind. They stated they might like the proposal better if 401 Cedar Cross and 3095 Nightengale were included in the rezoning. They questioned considering the rezoning of 595 Cedar Cross Road separately and if it could continue to be residential if rezoned. Staff stated that a rezoned property could be maintained residential as a legal nonconformity, but if changed to a conforming use, it couldn't go back to single-family residential. Motion by Russell, seconded by Mulligan, to recommend approval of the rezoning as submitted. Motion failed by the following vote: Aye — none; Nay — Christ, Lohrmann, Russell, Zuccaro, and Mulligan. Motion by Russell, seconded by Mulligan, to recommend approval of rezoning 595 Cedar Cross Road from R-1 to CS. Motion carried by the following vote: Aye — Christ, Russell, Zuccaro, and Mulligan; Nay — Lohrmann. Recommendation The Zoning Advisory Commission made two recommendations during their deliberation. Below is a summary of the recommendations for the City Council's consideration. 1. By a vote of 0 to 5, the Zoning Advisory Commission recommends that the City Council approve the request as presented. This motion failed. Consequently, a super majority is needed for the City Council to approve the rezoning of all three properties (as presented). 2. By a vote of 4 to 1, the Zoning Advisory Commission recommends that the City Council approve the rezoning of 595 Cedar Cross Road from R-1 Single -Family Residential to CS Commercial Service and Wholesale. A simple majority vote is needed for the City Council to approve the rezoning of the property at 595 Cedar Cross Road. Service People Integrity Responsibility Innovation Teamwork The Honorable Mayor and City Council Members Page 4 Respectfully submitted, Matt Mulligan, Chairperso Zoning Advisory Comsion Attachments Service People Integrity Responsibility Innovation Teamwork Phone: cllc3-aa(- ic) a Address: W1 L Ctfl 1V16.14.4A.i_ QC) t City. � 4 State: IA Zip: 50.0U28 Email 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/Agen Masterpiece on the Mississippi City of Dubuque Planning Services Department Dubuque, IA 52001-4845 Phone: 563-589-4210 Fax: 563-589-4221 APPLICATION FORM Zoning Advisory Commission ❑ Amended PUD vRezoning/PUD/ID ❑ Text Amendment ❑ Simple Subdivision ❑ Preliminary Plat ❑ Major Final Plat ❑ Minor Final Plat ❑ Waiver from Site Design Standards Zonino 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 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 Please complete the applicable sections below. Please type or print legibly. A. Property Information) ^7 Site Location/Address: 4O5 S / 5 A, c9S Ceodet-cCRos.s ROAD Legal Description/Parcel ID#/Subdivision: IO'-1 iO 1 OUP I Oe, L4 1 O I COOS — iO'-(I0I Ca0`1 Existing Zoning: QY I Proposed Zoning: CS Site Area (square feet/acres): Sa ACITACI-IEO Historic District: FORAL . 3 PARees -andmark: ❑ Yes 0 No B. Describe proposal and reason for application (attach a letter of explanation, if necessary): S.t)F.r W AIAci L't`�[ 3_ hgsg_[scus_2s(?rw15 o Qr Im-p.fi) A tau-f 4u WA- tfR-bN, p. CW: AltACNFrJ) C. Applicant/Agent Information Name: megre) fkapazsdes ALL(. Phone: SCo�J•a3!' ioSa Address: (% / L; (}sni i•1644AAd 4Z n . City: f..OSTA State: \A Zip: SDO(OS Email: 1/4.3(1.11CwierfoLcea3 S ✓Matt. COrn—, D. Property Owner(s) Infolrmation Name(s): (J,lU st, JULIE Alai-0 Property Owner(s): A ' Fee $ Ck# ❑CC ❑Cash Received by Date Reason for Merfeld Properties rezoning application for 405 575, and 595 Cedar Cross Road The parcels at 405, 575, and 595 Cedar Cross Road are currentlyfor sale and have been for several months. We've had numerous individuals interested in the property, with one business making an official offer, contingent upon the successful rezoning from R-1 to R-4 and Industrial. Because of the scope of this potential buyer's project, it did not move forward past the ZAC meeting. Since that offer we've had over 10 couples view the residence located at 595 Cedar Cross Road whose intent would be to reside at the home. Since the city had Indicated to us that there is a potential for the city to put a turning lane from Cedar Cross Road onto Nightengale Lane (possible 5-year plan of the city) which would require the use of a large portion of the front yard, none of them have decided to move forward with the purchase of the home. The potential for a turning lane was not the only factor indicated, but it was a major factor for all of them In choosing not to move forward. Even though it is only a tentative plan of the city, it would not have been acceptable for us to not disclose this to any potential buyer. Essentially, this decreases the value and options we have as it stands as an R-1 property. Regarding the adjacent parcels at 405 and 575 Cedar Cross, we are setting those together, ensuring that there is access to the property from both Cedar Cross Road and Nightengale Lane. With us not intending on constructing a single-family home on this property, it is of little use to us as it stands and taking into consideration the several adjacent properties that are already zoned CS, we feel this would be a logical step in the right direction enabling us to sell the land. We understand those in the neighborhood may not like the idea of it being rezoned, but the vast majority of properties on Cedar Cross Road already hold the CS designation and we personally can see no barriers as to why this property should be unable to be rezoned. For the neighbors that may take issue with the rezoning, we feel that because the property Is for sale, they are welcome to make an offer to purchase the property and do what they wish with it. We currently have a party interested in purchasing all 3 parcels, should the rezoning be successful, although as of today's date, 7/19/2024, we do not have an offer in writing. Thank you for your time and consideration. Merfeld Properties, LLC Luke & Julie Merfeld Masterpiece on the Mississippi Dubuque htbd All -America City IhL IF 2007.2012.2013 2017*2019 Vicinity Map PENNSYLVANIA AVE DODGE ST Applicant: Merfeld Properties, LLC Location: 405, 575, and 595 Cedar Cross Road Description: To rezone property from R-1 Single - Family Residential to CS Commercial Service and Wholesale. • ... Subject Property City Limits 0 87.5 175 350 Feet 1:2,500 REZONING STAFF REPORT Zoning Agenda: August 7, 2024 Property Address: Property Owner: Applicant: Description: 405, 575, and 595 Cedar Cross Road Luke and Julie Merfeld Merfeld Properties, LLC To rezone property from R-1 Single -Family Residential to CS Commercial Service and Wholesale. Proposed Land Use: Commercial Existing Land Use: Adjacent Land Use: Former Zoning: Total Area: Vacant property North — Residential/Commercial East — Residential South — Residential/Commercial West — Commercial 1985 — R-1 Residential 1975 — R-2 Residential .35 acres (405 Cedar Cross Rd) 2.14 acres (575 Cedar Cross Rd) .32 acres (595 Cedar Cross Rd) Proposed Zoning: CS Existing Zoning: R-1 Adjacent Zoning: North — PR/PC/CS East — R-1 South — R-1 /CS West — PC Property History: The subject site has historically been zoned for residential use. Two of the lots, 405 and 595 Cedar Cross Road were improved with residential structures; however, 575 Cedar Cross Road has not been developed to date. Physical Characteristics: The subject site being rezoned is comprised of three lots totaling approximately 2.81 acres. The lots are each irregularly shaped and have frontage along Cedar Cross Road to the north. Two of the lots also have frontage along Nightengale Lane to the east. The property is generally flat along Cedar Cross Road but then slopes downhill toward the southwestern corner with an overall elevation change of approximately 70 ft. The property is currently unimproved. Site image provided on the following page. PUD Staff Report — 575 Cedar Cross Road, PIN 1034101005 Page 2 405, 575, & 595 Cedar Cross Road A Request to Rezone to CS Concurrence with Comprehensive Plan: The Comprehensive Plan goals promote infill and mixed -use development. The City's Future Land Use Plan identifies the lots at 405 and 595 Cedar Cross Road as Single -Family Residential and the lot at 575 Cedar Cross Road 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 Cedar Cross Road and Nightengale Lane rights -of -way. A main for sanitary sewer runs in the Cedar Cross Road right-of-way. Traffic Patterns/Counts: The 2017 Iowa Department of Transportation (IDOT) traffic counts indicate an average annual daily traffic count of 9,800 vehicles along this section of Cedar Cross Road which is classified as a minor arterial. Nightengale Lane is classified as a local street and has an average annual daily traffic count of 853 vehicles according to IDOT 2017 traffic counts. Any proposed development on the subject property is anticipated to increase traffic along Cedar Cross Road and Nightengale Lane; however, depending on PUD Staff Report — 575 Cedar Cross Road, PIN 1034101005 Page 3 the use being proposed further evaluation of potential traffic impacts may be required. This would be reviewed by the City's Traffic Engineer during the site plan review process. Public Services: Public services are adequate to serve the site regardless of how it may be utilized or redeveloped. Environment: The subject site being rezoned is comprised of three lots totaling approximately 2.81 acres. The lots are each irregularly shaped and have frontage along Cedar Cross Road to the north. Two of the lots also have frontage along Nightengale Lane to the east. The 405 property is currently improved with a detached garage, the 575 property is vacant, and the 595 property is currently improved with a single-family residence. The subject site contains a number of mature trees and shrubs. If rezoned, any changes to the site must be reviewed through the development review process known as the 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. Development plans are reviewed by all relevant departments regarding access, parking, grading, screening, paving, park land, stormwater management, water connection, sanitary sewer connection, fire safety, and more. Staff does not anticipate any adverse effects on the environment as any potential impact would be mitigated through the review processes above. Adjacent Properties: The subject property is surrounded by residential properties to the east and along portions of the north and south property boundaries. The area is mixed with residences, commercial retail and service, and a childcare facility nearby. The property is located along an existing commercial corridor classified as a `minor arterial'. The requested rezoning is also considered to be an expansion of an existing CS zoning district from across Cedar Cross Road and from the property to the southwest of the site. CIP Investments: The City Engineering Department has a Capital Improvement Plan to improve Cedar Cross Road in fiscal year 2027. A right turn lane on Cedar Cross Road for turning into Nightengale Lane is expected to be a part of those improvements. Staff Analysis: To rezone property from R-1 Single -Family Residential to CS Commercial Service and Wholesale. The subject site being rezoned is comprised of three lots totaling approximately 2.81 acres. The lots are each irregularly shaped and have frontage along Cedar Cross Road to the north. Two of the lots also have frontage along Nightengale Lane to the east. The property is generally flat along Cedar Cross Road but then slopes downhill toward the southwestern corner with an overall elevation change of approximately 70 ft. The property is currently unimproved. The subject parcel is bordered by residential uses to the east and west and a vacant property to the south. The area is mixed with residences, commercial retail and service, and a childcare facility nearby. The property is located along an existing commercial PUD Staff Report — 575 Cedar Cross Road, PIN 1034101005 Page 4 corridor classified as a `minor arterial'. The requested rezoning is also considered to be an expansion of an existing CS zoning district from across Cedar Cross Road and from the property to the southwest of the site. As there is no specific proposed use related to this rezoning request it is important to note that any of the uses in the CS zoning district would be permitted. The CS zoning section is attached. Any proposed alteration to the property requires an approved site plan which is reviewed through the development review process known as the 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. Development plans are reviewed by all relevant departments regarding access, parking, grading, screening, paving, park land, stormwater management, water connection, sanitary sewer connection, fire safety, and more. Staff does not expect any adverse effects on the environment as any potential impacts should be mitigated through the review processes above. Planning staff recommends that the Zoning Advisory Commission review the information provided and make a recommendation on the proposed rezoning to the City Council in accordance with Chapter 16-9-5 of the Unified Development Code and the criteria established for granting a zoning reclassification. Prepared by: Date: 7/31/2024 e � 1/ ,-.1e4;,LX2-1 dekwA. e,tcC.J ,-7177 i%Ol�ry�[JilZG/ CiV !/'�O ` ( se -re d V p �� te e. _ Z> ./ Je . �� 67' -' -g- ,. ,dc ce j4€ n i1-- '--r�� /� .--/Let4t, r� .,,Le: ff Get- -/l A6, ✓%�v- �� -0 4 �-'- -� r ( ��-c ( A s ��i,-cam cc�1t t..�.�' ^c. - -� C �-- p f , -1c. /'z.� ;-�'i ' 4( �'��/.J .-� ✓L«-i-e vZf� a --, 09 .7----� --e;ka-' -riZ' �'�er p 07/026/24 Zoning Advisory Commission Planning Services 50 W. 13th Street Dubuque, IA 52001 Dear Members of the Zoning Board, My name is Carol Maas, and I am a long-time resident of Nightengale Lane, residing at 3095 Nightengale Lane for the past 51 years. I am reaching out to express my strong opposition to the proposed rezoning of the property that borders two sides of my home. Recently, I underwent invasive surgery to improve my quality of life, and I fear that the proposed rezoning will have a negative impact on both the use and enjoyment of my property. I firmly believe that the property should remain zoned R-1, given its proximity to my home and the ABC Daycare Center, which also borders the property in question. There are numerous uncertainties surrounding this proposal, and as residents, we are entitled to full transparency and assurance that our concerns will be taken seriously. It is evident that such a change will not only increase the population but also have a significant impact on our lives. Furthermore, the proposed development will put a strain on the road and existing services. Nightengale Lane lacks curb and gutter, and its multiple branches lead to several homes and the DBQ Sports Complex. Our neighborhood has a history of peacefully coexisting, and while we welcome residential development, a commercial property on this parcel of land would disrupt the harmony we have cultivated. I recall the previous concerns raised by our neighborhood regarding the potential rezoning of the same property to Multifamily housing, which thankfully was declined. I implore you to consider the unique nature of this property and recognize that a commercial development is not suitable for this location. As our town continues to grow, it is crucial that zoning decisions are made with careful consideration to protect the interests of long-standing residents like myself and those who are beginning to establish their families in the area. The focus should be on preserving the character of our neighborhood rather than catering to the interests of/for the absentee property owner's profit. Thank you for your attention to this matter and for considering the voices of myself and my fellow neighbors. Should you require any further information or clarification, please do not hesitate to contact me at 563-543-1901. Sincerely, Carol Maas 8/13/24, 12:51 PM https://export.amlegal.com/api/export-requests/fc2e0512-3610-49be-8557-52cd086336ca/download/ 16-5-2: R-1 SINGLE-FAMILY RESIDENTIAL: The R-1 district is the most restrictive residential district and is intended to protect low density residential areas from the encroachment of incompatible uses. The principal use of land in this district is for low density single-family dwellings and related recreational, religious and educational facilities. (Ord. 52-09, 10-19-2009) 16-5-2-1: PRINCIPAL PERMITTED USES: The following uses are permitted in the R-1 district: Cemetery, mausoleum, or columbarium. Community gardens. Golf course. Maternity group home. Parks, public or private, and similar natural recreation areas. Place of religious exercise or assembly. Public, private or parochial school approved by the state of Iowa (K - 12). Railroad or public or quasi -public utility, including substation. Single-family detached dwelling. (Ord. 52-09, 10-19-2009; amd. Ord. 17-13, 3-18-2013; Ord. 19-20, 5-18-2020; Ord. 49-23, 11-20-2023) 16-5-2-2: CONDITIONAL USES: The following conditional uses may be permitted in the R-1 district, subject to the provisions of section 16-8-5 of this title: Accessory dwelling unit. Bed and breakfast home. Keeping of horses or ponies. Licensed adult day services. Licensed childcare center. Mortuary, funeral home, or crematorium. Off street parking. Tour home. Tourist home. Wind energy conversion system. (Ord. 52-09, 10-19-2009; amd. Ord. 66-14, 11-17-2014) 16-5-2-3: ACCESSORY USES: The following uses are permitted as accessory uses as provided in section 16-3-7 of this title: Detached garage. Fence. Garage sale, provided that not more than three (3) such sales shall be allowed per premises per calendar year and not more than three (3) consecutive days per sale. Home based business. Keeping of hens for egg production. Noncommercial garden, greenhouse or nursery. Off street parking and storage of vehicles. Satellite receiving dish. Solar collector (freestanding arrays are limited to not more than 100 aggregate square feet and 10 feet in height). Sport, recreation, or outdoor cooking equipment. Storage building. Tennis court, swimming pool or similar permanent facility. Wind turbine (building mounted). (Ord. 52-09, 10-19-2009; amd. Ord. 47-14, 7-21-2014; Ord. 54-15, 8-17-2015) 16-5-2-4: TEMPORARY USES: Temporary uses shall be regulated in conformance with the provisions of section 16-3-19 of this title. (Ord. 52-09, 10-19-2009) 16-5-2-5: PARKING: Minimum parking requirements shall be regulated in conformance with the provisions of chapter 14 of this title. (Ord. 52-09, 10-19-2009) 16-5-2-6: SIGNS: Signs shall be regulated in conformance with the provisions of chapter 15 of this title. (Ord. 52-09, 10-19-2009) 16-5-2-7: BULK REGULATIONS: R-1 Residential Minimum Lot Area Minimum Lot Frontage Maximum Lot Coverage Setbacks Front Minimum Minimum Maximum Height https://export.amlegal.com/api/export-requests/fc2e0512-3610-49be-8557-52cd086336ca/download/ 1/2 8/13/24, 12:51 PM https://export. a mlega I.co m/a pi/export-requests/fc2e0512-3610-49be-8557-52cd 086336ca/down l oad/ (Lot Area) Minimum2 I Maximum Side Rear R-1 Residential Minimum Lot Area Minimum Lot Frontage Maximum Lot Coverage (Lot Area) Setbacks Maximum Height Front Minimum Side Minimum Rear Minimum2 Maximum Permitted uses: Place of religious exercise or assembly, school 20,000 sq. ft. 100 ft. 40% 20 ft. - 20 ft. 20 ft. 75 ft.1 Single-family detached dwelling 5,000 sq. ft. 50 ft. 40% 20 ft. 50 ft. 6 ft. 20 ft. 30 ft. Conditional uses: Bed and breakfast home 5,000 sq. ft. 50 ft. 40% 20 ft. 50 ft. 6 ft. 20 ft. 30 ft. Licensed adult day services, licensed childcare center 5,000 sq. ft. 50 ft. 40% 20 ft. - 6 ft. 20 ft. 30 ft. Mortuary, funeral home or crematorium 20,000 sq. ft. 100 ft. 40% 20 ft. - 20 ft. 20 ft. 30 ft. Notes: 1. May be erected to a height not exceeding 75 feet; provided, that such buildings shall provide at least 1 additional foot of yard space on all sides for each additional foot by which such building exceeds the maximum height limit of the district in which it is located. 2. See section 16-3-17 of this title for adjustment of minimum front yard setbacks. (Ord. 52-09, 10-19-2009) https://export.amlegal.com/api/export-requests/fc2e0512-3610-49be-8557-52cd086336ca/download/ 2/2 16-5-16: CS COMMERCIAL SERVICE AND WHOLESALE: The CS district is intended to provide locations for a variety of business services, office uses, limited industrial activity and major wholesale operations. The CS district uses are primarily characterized by large storage space requirements, high volume truck traffic and low volume customer traffic. It is intended that the CS district is one that provides a transitional zone that can be used between industrial and commercial uses and in cases where topography establishes a transitional area due to physical limitations between industrial and higher density residential development. (Ord. 52-09, 10-19-2009) 16-5-16-1: PRINCIPAL PERMITTED USES: The following uses are permitted in the CS district: Agricultural supply sales. Animal hospital or clinic. Appliance sales or service. Auto part sales or supply. Business services. Commercial greenhouse. Construction supply sales or service. Contractor shop or yard. Dental or medical lab. Farm implement sales or service. Freight transfer facility. Fuel or ice dealer. Furniture or home furnishing sales. Furniture upholstery or repair. General office. Kennel. Landscaping services (not including retail sales as primary use). Licensed childcare center. Lumberyard or building material sales. Mail order house. Miniwarehousing. Moving or storage facility. Off street parking lot. Office supply. Passenger transfer facility. Pet daycare or grooming. Printing or publishing. Processing or assembly. Railroad or public or quasi -public utility, including substation. Refrigeration equipment sales or service. Registered child development home. Resource recovery/recycling center (indoor only). Upholstery shop. Vehicle body shop. Vehicle sales or rental. Vehicle service or repair. Vending or game machine sales or service. Wholesale sales or distributor. (Ord. 52-09, 10-19-2009; amd. Ord. 54-19, 12-16-2019; Ord. 30-21, 9-20-2021; Ord. 3-22, 1-18-2022) 16-5-16-2: CONDITIONAL USES: The following conditional uses may be permitted in the CS district, subject to the provisions of section 16-8-5 of this title: Licensed adult day services. Wind energy conversion system. (Ord. 52-09, 10-19-2009; amd. Ord. 54-19, 12-16-2019) 16-5-16-3: ACCESSORY USES: The following uses are permitted as accessory uses as provided in section 16-3-7 of this title: Any use customarily incidental and subordinate to the principal use it serves. Wind energy turbine (building mounted). (Ord. 52-09, 10-19-2009) 16-5-16-4: TEMPORARY USES: The following uses shall be permitted as temporary uses in the CS district in conformance with the provisions of section 16-3-19 of this title: Any use listed as a permitted use within the district. (Ord. 52-09, 10-19-2009) 16-5-16-5: PARKING: Minimum parking requirements shall be regulated in conformance with the provisions of chapter 14 of this title. (Ord. 52-09, 10-19-2009) 16-5-16-6: SIGNS: Signs shall be regulated in conformance with the provisions of chapter 15 of this title. (Ord. 52-09, 10-19-2009) 16-5-16-7: BULK REGULATIONS: CS Commercial Service And Wholesale Minimum Lot Area Minimum Lot Frontage Maximum Lot Coverage (Lot Area) Setbacks Maximum Height Front Minimum Side Minimum Rear2 Minimum Maximum Vehicle sales 20,000 so - ft - - 20 ft - - - 40 ft. All other uses - - - 20 ft - - - 40 ft. Notes: 1. When abutting a residential or office residential district, a 20 foot side setback is required. 2. When abutting a residential or office residential district, a 20 foot rear setback is required. H—t— Midpant Height Shed Roof Midpoint Height 1 Gable or Hip Roof Deckline Helight 1 Mansard or Gambrel Roof tHighest Level Height a Flat Roof (Ord. 52-09, 10-19-2009) Prepared by: Wally Wernimont, City Planner Address: City Hall, 50 W. 13th St Telephone: 563-589-4210 Return to: Adrienne N. Breitfelder, City Clerk Address: City Hall, 50 W. 13th St Telephone: 563-589-4121 ORDINANCE NO. 48 - 24 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 595 CEDAR CROSS ROAD FROM R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT TO CS COMMERCIAL SERVICES AND WHOLESALE DISTRICT 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 reclassifying the hereinafter —described property from R-1 Single -Family Residential District to CS Commercial Service and Wholesale District, to wit: Lot 1-2-1-2-1-1-2 Min Lot 220 and Lot 1-1-1-1-2-3 Mineral Lot 219, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. That the foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This Ordinance shall take effect immediately upon publication as provided by law. Passed, approved and adopted this 19th day of August, 2024. ad M. Cavanagh, Mayor Attest: Get, ,.„44, Adrienne N. Breitfelder, City Clerk Prepared by: Wally Wernimont, City Planner Address: City Hall, 50 W. 13th St Telephone: 563-589-4210 Return to: Adrienne N. Breitfelder, City Clerk Address: City Hall, 50 W. 13th St Telephone: 563-589-4121 ORDINANCE NO. - 24 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 405, 575 AND 595 CEDAR CROSS ROAD FROM R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT TO CS COMMERCIAL SERVICES AND WHOLESALE DISTRICT. 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 reclassifying the hereinafter —described property from R-1 Single -Family Residential District to CS Commercial Service and Wholesale District, to wit: Lot 2-2 Mineral Lot 219, Lot 1-2-1-2-1-1-2 Min Lot 220 and Lot 1-1-1-1- 2-3 Mineral Lot 219, and Lot 2-2-1-2-1-1-2 Mineral Lot 220 and Lot 2-1-1-1-2- 3 Mineral Lot 210, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. That the foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This Ordinance shall take effect immediately upon publication as provided by law. Passed, approved and adopted this day of , 2024. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk Dubuque THE CITY OF All Amerlc� Ctty DUB E'111' Masterpiece on the Mississippi zz00071•i7zoi•zorza1l 405, 575, and 595 Cedar Cross Road Request to rezone from R-1 Single -Family Residential to a CS Commercial Service and Wholesale. Staff Presentation to City Council August 19, 2024 Masterpiece on the Mississippi Dubuqur. trful 2007.2912.2013 2017+2019 Vicinity Map Applicant: Merfeld Properties, LLC Location: 405, 575, and 595 Cedar Cross Road Description: To rezone property from R-1 Single - Family Residential to CS Commercial Service and Wholesale. Subject Property City Limits 0 87.5 175 350 Feel t:2.500 3515 350 3163 347 3437-. 5pegg 955Cedar35 03, Cross Road; -"41141/4_____ • • .E � •. '' • - 51034oU 3450 3430 3460 3460 0 4134401 •3420 603460 3460 411 451441.421 �7465463 • r - .�.�'• • • �461 489 4 4 109033 33�9�03•390 30 50'5 � 450 • 3390 339°3'393 S 5'09 47� • r440 33';e 390 3390 33 0� 515 g� �480 460 33903390 - r525• 510 i 535r • • d 520 545 530 565 / 540 33f5, • OW- 33903390 33903390 3135 0/• 3'155 31,75 Project Site • Property & Zoning History: ■ 405 Cedar Cross Rd — Improved with a detached garage ■ 575 Cedar Cross Rd — Undeveloped, vacant lot ■ 595 Cedar Cross Rd — Improved with a single-family residence ■ Properties have historically been zoned for residential uses (R-1 & R-2) Project Site: Three lots totaling 2.81 acres ■ Each lot has frontage along Cedar Cross Road ■ 575 and 595 properties have frontage along Nightengale Road ■ Site is generally flat along Cedar Cross Road but slopes downhill toward the southwest corner with elevation change of a —70 ft. • Adjacent Land Use: ■ North — Residential/Commercial ■ East — Residential ■ South — Residential/Commercial ■ West —Commercial ■ Dubuque Sports Complex, ABC Learning childcare, Artic Glacier Premier Ice, Ace Mobile Home Park, various commercial buildings/uses along Cedar Cross Road, and residential uses to the south and southeast. Impact of Request on: ■ Utilities: ■ Adequate city water and sanitary sewer to serve the project. Water mains are located along Cedar Cross and Nightengale. Sanitary sewer mains along Cedar Cross. ■ Public Services. ■ Public Services are adequate to serve the project. ■ Environment: ■ Property is largely unimproved, contains mature trees and shrubs ■ Site Plan review would be required by the City's Development Review Team (DRT) ■ Adjacent Properties ■ Single-family residence to the north, east, and southeast ■ Commercial uses to the south, west and northwest ■ Traffic Patterns/Counts: ■ Cedar Cross Rd (minor arterial) — 9,800 AADT count ■ Nightengale Lane (local street) — 853 AADT count ■ Traffic analysis or study may be required with proposed development. ■ Capital Improvement Investments• ■ Plan to improve Cedar Cross Road in fiscal year 2027 — right turn lane to Nightengale Ln Permitted Uses CS Commercial Service District Agricultural supply sales. Animal hospital or clinic. Appliance sales or service. Auto part sales or supply. Business services_ Commercialgreenhouse. Construction supply sales or service. Contractor shop or yard. Dental or medical lab. Farm implement sales or service_ Freight transfer facility. Fuel or ice dealer. Furniture or home furnishing sales_ Furniture upholstery or repair. General office. Kennel. Landscaping services (not including retail sales as primary use). Licensed childcare center. Lumberyard or building material sales. Mail order house. Maternity group home Miniwarehousing. Moving or storage facility. Off street parking lot. Office supply. Passenger transfer facility_ Petdaycare or grooming_ Printing or publishing. Processingor assembly_ Railroad or public or quasi -public utility, including substation. Refrigeration equipment sales or service. Registeredchild development home. Resource recovery/recycling center (indoor only). Upholstery shop. Vehicle body shop. Vehicle sales or rental. Vehicle service or repair. Vending or game machine sales or service. Wholesale sales or distributor. R-1 Single -Family Residential Cemetery, mausoleum, or columbarium_ Community gardens. Golf course. Maternity group home Parks, public or private, and similar natural recreation areas_ Placeof religious exercise or assembly. Public, private or parochial school approved by the state of Iowa (K 12). Railroad or public or quasi -public utility including substation Single-family detached dwelling. Public Input ➢ Two letters have been submitted in opposition to the project were submitted prior to the ZAC meeting: • Sandy Ronek — 3160 Nightengale Road • Carol Maas — 3095 Nightengale Lane • Jesse & Jessica Kemp — 3400 Nightengale Lane ➢ Speakers provided comments in opposition at the ZAC meeting: • Mike Reinert — 401 Cedar Cross Road • Jason Maas (on behalf of Carol Mass) — 3095 Nightengale Lane • John Hoist — 3110 Nightengale Lane Zoning Advisory Commission Recommendation ■ The ZAC made two recommendations for the City Council's consideration: ➢ By a vote of 0 to 5, the Commission recommends that the City Council approve the request as presented. • This motion failed. • A super majority is needed for the City Council to approve the rezoning of all three properties as presented. ➢ By a vote of 4 to 1, the Commission recommends that the City Council approve the rezoning of 595 Cedar Cross Road from R-1 Single -Family Residential to CS Commercial Service and Wholesale. • A simple majority vote is needed for City Council to approve the rezoning of the property at 595 Cedar Cross Road. QUESTIONS? 8/19/24, 5:29 PM Mail - Adrienne Breitfelder - Outlook From: Carol <cmaas309@gmail.com> Sent: Monday, August 19, 2024 4:03:22 PM (UTC-06:00) Central Time (US & Canada) To: CtyClerk <ctyclerk@cityofdubuque.org> Subject: City Council Agenda rezoning August 19th Caution! This message was sent from outside your organization. Never give your login information and password over email! Allow sender I Block sender Report Merfeld Rezoning Opposition My name is: Carol M. Maas 3095 Nightengale Lane Dubuque, Iowa 52003 563.543.1901 As of this moment I am still opposed to the rezoning of 595 from R-1 to commerial. There are numerous uncertainties with the proposal from the neighbors point of view. I implore you to consider the unique nature of this property and recognize that a commercial development is not suitable for this location. I am open to meeting with Luke and Julie to get a more in depth perspective of their plan. As our town grows, it is crucial that zoning decisions are made with careful consideration to protect the interest of long standing residents like myself. Please focus on preserving the character of our neighborhood. Regards, Carol Maas August 19, 2024 https://outlook.office365.com/mail/inbox/id/AAQkADIjNzA30ThILTFhYjUtNDUxYi05YTImLTczYWM2YjM3ZjQzMAAQAKjmIL6MJKRHq%2BoFuWVxsdc... 1/1 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: 08/09/2024 and for which the charge is 40.47 2 -/a/c4_,(/ 7/aL+7- Subscribed to before me, a Notary Public i and for Dubuque County, Iowa, this 9th day of August, 2024 Notary(Piblic in and for Dubdque County, Iowa. JANET K. PAPE 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 19th day of August, 2024, 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 Ron Breiner to rezone property at 8301 Seippel Court from CS Commercial Service and Wholesale to C-3 General Commercial. 2. Request from Zoros Investments, LLC to rezone property at Peru Road (PIN 1012183002, 1012183005, 1012183008, and 1012183007) from R-3c Moderate Density Multi -Family Residential with conditions to R-3 Moderate Density Multi -Family Residential. 3. Request from Merfeld Properties, LLC to rezone property located at 405, 575 and 595 Cedar Cross Road from R-1 Single Family Residential to CS Commercial Service and Wholesale. 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 it 8/9 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: 08/23/2024 and for which the charge is 21.83 Subscribed to before me, a Notary P c in and for Dubuque County, Iowa, this 23rd day of August, 2024 Notary P in and for Dubuque County, Iowa. JANET K. PAPE 7 Commission Number 199659 • My Commission Expires 12/11/2025 Ad text : CITY OF DUBUQUE OFFICIAL PUBLICATION ORDINANCE NO. 48 - 24 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 595 CEDAR CROSS ROAD FROM R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT TO CS COMMERCIAL SERVICES AND WHOLESALE DISTRICT 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 reclassifying the hereinafterdescribed property from R-1 Single -Family Residential District to CS Commercial Service and Wholesale District, to wit: Lot 1-2-1-2-1-1-2 Min Lot 220 and Lot 1-1-1-1-2-3 Mineral Lot 219, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. That the foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This Ordinance shall take effect immediately upon publication as provided by law. Passed, approved and adopted this 19th day of August, 2024. /s/Brad M. Cavanagh, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 23rd day of August, 2024. /s/Adrienne N. Breitfelder, City Clerk It 8/23