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Request to Rezone 1090 Radford RoadCity of Dubuque City Council Meeting ITEM TITLE: SUMMARY: SUGGESTED DISPOSITION: Copyrighted September 16, 2024 Public Hearings # 02. Request to Rezone 1090 Radford Road Proof of publication on notice of public hearing to consider a request from Luke Hoffmann - Kellhoff Properties, LLC, to rezone a portion of 1090 Radford Road from CS Commercial Service and Wholesale to R-3 Moderate Density Multi -Family Residential, and Zoning Advisory Commission recommending approval. ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 1090 Radford Road (per exhibit a) from CS Commercial Service District to R-3 Moderate Density Multi -Family Residential District Suggested Disposition: Receive and File; Motion B; Motion A ATTACHMENTS: Description ZAC Memo to CC Application Vicinity Map Notification Map ZAC Staff Report Plat of Survey of Kellhoff Place Letter of Opposition - Kobusch Letter of Opposition - Bleile Ordinance Ordinance Exhibit Presentation Type Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation Staff Memo Supporting Documentation Supporting Documentation Supporting Documentation Ordinance Ordinance 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. 131h Street Dubuque IA 52001 Dubuque All AIICiC16q II II IF 2007.2012.2013 2017*2019 September 9, 2024 Applicant: Luke Hoffmann - Kellhoff Properties, LLC Location: 1090 Radford Road Description: To rezone a portion of property from CS Commercial Service and Wholesale to R-3 Moderate Density Multi -Family Residential. Dear Mayor and City Council Members: The City of Dubuque Zoning Advisory Commission has reviewed the above -cited request at their meeting on September 4, 2024. The application, staff report, and related materials are attached for your review. Discussion The applicant, Luke Hoffman, 991 June Drive, spoke on behalf of the application stating he owns both 1070 and 1090 Radford Road. He noted he is subdividing a portion of 1090 and seeking to rezone from CS to R-3 in order to allow for the construction of a single- family residence. He stated he intends to consolidate the subdivided portion of 1090 with the property at 1070. Staff detailed the staff report explaining that the applicant is intends to parcel off a portion of 1090 Radford Road and consolidate it with 1070 to the west. Staff explained that the applicant is requesting to rezone the subdivided portion from CS to R-3, which would match the existing zone of the 1070 Radford Rd property, in order to construct a single- family residence. Staff noted that a single-family residence would not require site plan review, and the Inspection & Construction Services would review building plans. Staff explained that the subdivided portion of 1090 to be rezoned is physically separated from other portions of the lot due to topography and a wooded hillside. Staff shared that the majority of the remainder of 1090 was in the Flood Way which is the most highly regulated portion of the flood plain. Staff noted the proposed house is likely to exceed 50' from the street, which would require future approval from the Zoning Board of Adjustment. Staff explained the property is in a unique area with R-3, CS, and C-3 zoning with legally nonconforming residences. Service People Integrity Responsibility Innovation Teamwork The Honorable Mayor and City Council Members Page 2 Staff noted two letters of opposition that were received and clarified that the R-3 district would limit any potential development to 6-units. Staff also noted that the nearest adjacent properties have long backyards, providing about 200 feet to the nearest structure. The Commission asked for clarification about the potential developing 208 residential units as stated in one of the letters of opposition. Staff clarified that the opposition likely believed the entire parcel of 1090 Radford Road was being rezoned and reiterated that the R-3 zoning district is limited to 6 units, that the area to be rezoned is limited to the area as shown in Exhibit A, and that most of the remaining 1090 property is in the floodway and essentially non -buildable. Recommendation By a vote of 3 to 0, the Zoning Advisory Commission recommends that the City Council approve the request as submitted. A simple majority vote is needed for the City Council to approve the request. Respectfully submitted, Matt Mulligan, Chairperson Zoning Advisory Commission Attachments Service People Integrity Responsibility Innovation Teamwork 'T'FCE CITY (1 DUB. Masterpiece on tl sissippi City of Dubuque Planning Services Department Dubuque, IA 52001-4845 Phone: 563-589-4210 Fax: 563-589-4221 planningOcityofdubuque,orq APPLICATION FORM 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 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 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 P/ease complete the applicable sections below. P/ease type or print legibly. A. Property Information Site Location/Address: 1090 Radford Road Legal Description/Parcel ID#/Subdivision: A portion of Lot 1-1-1 Theodore Konzen Place/1029451001 (Proposed Lot 1 of Kellhoff Place) Existing Zoning: CS Proposed Zoning: R3 Site Area (square feet/acres): 53087 sgft/1.22 acres Historic District: N/A andmark: ❑ Yes ® No B. Describe proposal and reason for application (attach a letter of explanation, if necessary): Rezoning a portion of said lot to match the zoning of the adjoining lot (Parcel 1029451014/Address 1070 Radford Rd/Lot 2-1 of Theodore Konzen Place). The lots (Proposed Lot 1 of Kellhoff Place & Lot 2-1 of Theodore Konzen Place) will be combined for a single family home to be constructed. C. Applicant/Agent Information Name: Luke Hoffmann Phone: 563-543-3121 Address: 500 Westover Drive City: Sanford State: NC Zip: 27330 Email: Luke@RentCube.com D. Property Owner(s) Information Name(s): Kellhoff Properties LLC phone: 563-543-3121 Address: 500 Westover Drive City: Sanford State: NC Zip: 27330 Email: Luke@RentCube.com 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. U Applicant/Agent: Date: � r -` a 1 Property Owner(s): Date: 7--1 ^-a tr FOR OFFICE USE ONLY Fee $ Ck# ❑CC ❑Cash Received by Date Masterpiece on the Mississippi Dubuque All -America ply ; 2007.2012.2013 2017*2019 Vicinity Map Applicant: Luke Hoffmann Location: 1090 Radford Road Type: Rezoning Description: To rezone a portion of property from CS Commercial Service and Wholesale to R-3 Moderate Density Multi -Family Residential. • . . . -Subject Property City Limits 0 105 210 420 Feet 1:3,000 A Subject Property 200-Foot Notification Boundary Properties Notified REZONING STAFF REPORT Zoning Agenda: September 4, 2024 Property Address: Property Owner: Applicant: Description: 1090 Radford Road (portion of property) Kellhoff Properties, LLC. Luke Hoffmann To rezone a portion of property from CS Commercial Service and Wholesale to R-3 Moderate Density Multi -Family Residential. Proposed Land Use: Residential Existing Land Use: Adjacent Land Use: Vacant / Commercial North — Commercial East — Commercial South — Residential West — Residential Former Zoning: Prior to 1999 — County Zoning Total Area: 1.29 acres / 56,192 sq. ft. Proposed Zoning: R-3 Existing Zoning: CS Adjacent Zoning: North — CS East — CS South — C-3 West — R-3 Property History: The area to be rezoned is a portion of the 1090 Radford Road lot. The subject area does not yet exist as a lot but the subdivision plat is currently under review. The new lot will be consolidated with the existing lotto the west, 1070 Radford Road, which is already zoned as R-3. The larger property though, as it currently exists, was annexed into the city around 1999. The area to be rezoned has remained undeveloped through its history. Physical Characteristics: The area to be rezoned would approximately 1.29 acres (56,192 sq. ft) in area. The area to be rezoned does not yet exist as a lot but the subdivision plat is currently under review. It will be consolidated with the existing lot to the west, 1070 Radford Road, which is already zoned as R-3. The lot is generally wooded and slopes down toward the north. Rezoning Staff Report: 1090 Radford Road (portion of property) Page 2 Ct-A 0 11 PROPERTY LINE RIOIT OF WAY LINE CENTERLINE —3- —S—"— E10511140 FENCE UNE — R —FL — 500 YEAR FLOCO UNE - SOU14 WOE — FV—FV— RL000wAY LI5E - SOUTH EDGE 11I/A1 W1N ANGLE IRON ( ) RECORD 041ENSION TA 10TAL AREA RA ROW AREA NA NET AREA LOT 1 OUNOUE INOUS1RAL. CENTER 10111 AOO111014 WBUOUE INDUSTRIAL CENTER 81H AOgTCN / / w No-SCAI.E ....... _......... __.__— CHICAGO Ct?11RAL & PACIFIC RAILROAD 006 ROW) - �= ` __ .�� ROD ( S 0210'53'E 131.49' LOT 2 TA=15.181 ACRES RA= 0.117 ACRES NA=15.064 ACRES Ir �TV� 4ti—FL `i'—R 1R 1, 1 /F� 22296' 223.01 et —�—Ell N 84'53'3Y E 316.18' • 8 `l \, _ N 89.34'48' W 5/8' RCO W/N LOT 1 Ate.. £ R v`L \ YL—R'YL/ 264.40' N01.2508'E EO?T3 •,`R—'R—oE—R^R,FL�R`EI�R— LOT 2-1 OF TEOOdE 701'25 8 TA=1.219 ACRES R0/42EN PLACE Non —Buildable S 0316.23' W /N N 830346' w 84.04' N 8T15.0) w 253.98'(254.50'4 N 85.25'36. W N 8354.„6. w 1044Y 18603'3PW N 88�8'28. W (106.') 92.80' 100.10' 24040050) ♦ (92.e) (T00i V �4. o„bt 94 /N WESTERLY 125' OF LOT 2-1-1-1 Se3E 1110NSE120./4 T99N. R2E LOT 2-1-1-1 SW1/4 08/4 SECTION 29, T69N R2E E"0.UOING 111E WESTERLY 125' LOT 1-2-1-1-1-1 SWN/4 71-1/4 SECTION 29, Tw1L R2E LOT 2-1-1-1-1-1 SW1/4 gl/4 SECTION 29, 199N, R2E SYJp AW N 86'28.40' W 185.181184.6') SWI/4 SEI/4 SECTION 01 2-1-1-1-1-1-1-1- wM/4 SE1/4 SECTION 29. T 5 R2E Concurrence with Comprehensive Plan: The Comprehensive Plan encourages a mix of housing affordable for all segments of Dubuque's population throughout the community, including those who may be saving for their first home. The City's Future Land Use Map identifies the subject property as single-family residential. Impact of Request on: Utilities: Existing utilities are adequate to serve the subject property. Traffic Patterns/Counts: There are no recent traffic counts for this portion of Radford Road. Other than the corner properties, the only properties taking access along the road, are owned by the applicant and the impact on traffic counts and patterns would be negligible regardless of how it may be utilized or developed. The city has not received a plan from the applicant; however, the applicant has indicated the intended use would be a single-family residence. If a multi -unit development were proposed, it would be limited to 6- units per the R-3 zoning district and would go through development review process and would be required to adhere with site development standards including stormwater detention, site access, required parking, parking lot layout, emergency access, and fire safety limiting the number of units that could be created on the property. Public Services: Existing public services are adequate to serve the subject property regardless of how it may be utilized or developed. Rezoning Staff Report: 1090 Radford Road (portion of property) Page 3 Environment: Any development would be reviewed by City Staff as it relates to city codes and any development of more than two dwelling units on the site would be subject to review by the city's Development Review Team (DRT). The DRT works to ensure the project is compliant with all relevant city codes and to ensure any potential effects on the environment would be mitigated through appropriate site development. Therefore, the proposed rezoning is not anticipated to have an any adverse impacts on the environment. Adjacent Properties: The proposed rezoning to R-3 is considered a downzoning which permits less intense/impactful uses as compared to the current CS zoning district. The area is a mix of uses which includes legally non -conforming residential uses to the south within the general commercial (C-3) zoning district, commercial to the north, and vacant but residential zoning to the west. Neighboring residential structures are more than 200' from the shared property line. The topography and distance to neighboring uses would reduce any potential visual impact on the neighbors. Additionally, any multi -unit development of the site would require review by the DRT and any structure would need to meet all site design standards and the R-3 bulk regulations including front, rear, and side yard setbacks. Therefore, the proposed rezoning is not anticipated to negatively affect adjacent properties. CIP Investments: None proposed. Staff Analysis: The applicant proposes to rezone a 1.29-acre property located along Radford Road from CS Commercial Service and Wholesale to R-3 Moderate Density Multi - Family Residential. The area to be rezoned does not yet exist as a lot, but the subdivision plat is currently under review. It would be consolidated with the existing lot to the west which is already zoned as R-3 and has frontage along Radford Road. The area to be rezoned has remained undeveloped through its history. The larger property though, as it currently exists, was annexed into the city around 1999. The CS zoning district allows for thirty-nine (39) Principal Permitted Uses (primarily commercial or light industrial in nature) and the proposed R-3 zoning district allows for twelve (12) Principal Permitted Uses (residential in nature). The chart below provides a side -by -side summary of the Principal Permitted Uses in both zoning districts. A copy of the full summary of each zoning district is attached to this report. Principal Permitted Uses CS Zoning District R-3 Zoning District Agricultural supply sales. Cemetery, mausoleum, or columbarium. Animal hospital or clinic. Community gardens. Appliance sales or service. Golf course. Auto part sales or supply. Parks, public or private, and similar natural recreation areas. Business services. Place of religious exercise or assembly. Commercial greenhouse. Public, private, or parochial school, approved by the state of Iowa (K - 12). Construction supply sales or service. Railroad or public or quasi -public utility, including substation. Contractor shop or yard. Single-family detached dwelling. Dental or medical lab. Townhouse (maximum 6 dwelling units). Rezoning Staff Report: 1090 Radford Road (portion of property) Page 4 Farm implement sales or service. Two-family dwelling (duplex). Freight transfer facility. Multi -family dwelling (maximum 6 dwelling units). Fuel or ice dealer. Maternity group home 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. 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. Vehicle body shop. The CS district is intended to provide locations for a variety of business services, office uses, limited industrial activity and major wholesale operations. The R-3 zoning district was selected by the applicant because there is an existing adjacent R-3 district which permits a single-family residence as is proposed by the applicant. The proposed rezoning of a portion of 1090 Radford Road to R-3 is considered a downzoning' which permits less intense/impactful uses as compared to the current CS zoning district. The area is a mix of uses which includes legally non -conforming residential uses to the south within the General Commercial (C-3) zoning district, commercial to the north, and vacant but residential zoning to the west. Neighboring residential structures are more than 200' from the shared property line. The topography and distance to neighboring uses would reduce any potential visual impact on the neighbors. Additionally, any multi- unit development (more than two units) on the site would require site plan review by the DRT and any structure would need to meet all site design standards and the R-3 bulk regulations including front, rear, and side yard setbacks. Therefore, the proposed rezoning is not anticipated to negatively affect adjacent properties. There are no recent traffic counts for this portion of Radford Road. Other than the corner properties, the only properties taking access along the road, are owned by the applicant and the impact on traffic counts and patterns would be negligible regardless of how it may be utilized or developed. The city has not received a formal plan from the applicant, but it 1 DOWNZONING: A change in zoning classification of land to a less intensive or more restrictive district such as from commercial district to residential district or from a higher density to a lower density residential district. Rezoning Staff Report: 1090 Radford Road (portion of property) Page 5 was stated the use would be a single-family residence. In the event that a multi -unit development was proposed, it would be limited to six units per the R-3 zoning district and would go through development review process and would be required to adhere with site development standards including stormwater detention, site access, required parking, parking lot layout, emergency access, and fire safety. The Comprehensive Plan encourages a mix of housing affordable for all segments of Dubuque's population throughout the community, including those who may be saving for their first home. The City's Future Land Use Map identifies the subject property as single- family. Planning staff recommends that the Zoning Advisory Commission review the information provided and make a recommendation on the requested rezoning to the City Council in accordance with Chapter 9 of the Unified Development Code and the criteria established for granting a zoning reclassification. Prepared by/ Reviewed by: `b��f /' Date: 8/28/2024 0.88' / i.01 DETAIL NO -SCALE C1-A\ - SECTION 2 Plat of Survey of: KELLHOFF PLACE, in the City of Dubuque, Iowa LEGEND 0008■0• ROW -X- X-X- -FL -FL - FW-FW W/AI (TA) RA NA FOUND 1" IRON PIPE (UNLESS OTHERWISE NOTED) FOUND 5/8" ROD W/YELLOW CAP #4016 FOUND 5/8" ROD W/RED CAP #12631 FOUND 5/8" ROD W/RED CAP #9651 PROPERTY CORNER LANDED IN THE "MIDDLE FORK CATFISH CREEK" FOUND MAC NAIL PLACED MAG NAIL PLACED 5/8" IRON REROD W/ORANGE PLASTIC CAP MARKED "KOELKER 15487" SURVEYED BOUNDARY LINE PROPERTY LINE RIGHT OF WAY LINE CENTERLINE EXISTING FENCE LINE 500 YEAR FLOOD LINE - SOUTH EDGE FLOODWAY LINE - SOUTH EDGE WITH ANGLE IRON RECORD DIMENSION TOTAL AREA ROW AREA NET AREA INDEX LEGEND Location: Kellhoff Place, in the City of Dubuque, Iowa SE1/4 of Section 29, T89N, R2E of the 5th P.M., in the City of Dubuque, Dubuque County, Iowa Requestor: Luke Hoffmann Proprietors of Lot 1-1-1 of Theodore Konzen Place: Kellhoff Properties LLC -1090 Radford Rd., Dubuque, IA 52002 Surveyor. Terry L. Koelker Company: Buesing & Associates, Inc. 1212 Locust St, Dubuque, IA 52001 Retum To: tlkoelker@buesing.com (563) 556-4389 CURVE DATA CURVE DELTA RADIUS ARC LENGTH TAN ' CHORD LENGTH CHORD BEARING C1 16'38'02" 2125.98' 617.20' 310.79' 615.04' N7912'13"E C1-A 01'08'50" 2125.98' 42.57' 21.29' 42.57' N71'27'37"E C1-B 15'29'12" 2125.98' 574.63' 289.08' 572,89' N79'46'38"E C2 25'09'25" 1419.92' 623.44' 316.83' 618.45' N76'13'18"E C3 16'33'41" 1687.28' 487.71' 245.57' 486.01' N55'53'33"E LOT 1 DUBUQUE INDUSTRIAL CENTER 13TH ADDITION OTE THIS SURVEY IS COMPRISED OF: LOT 1-1-1 OF THEODORE KONZEN PLACE AND LOCATED IN THE SE1/4 OF SECTION 29, T89N, R2E OF THE 5TH P.M., IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA PREPARED BY: BUESING & ASSOCIATES ADDRESS: 1212 LOCUST STREET, DUBUQUE, IOWA PHONE: (563) 556-4389 / / / • 5/8" / ROD / / / / / 1 /// /// �V //�pr- (138'42') / / // N 48 2T20" E / V / 65.56' / 7 / �, %/ r3N // �, I/ Mh // // �// ool ' i DUBUQUE INDUSTRIAL CENTER 8TH ADDITION / R:ED 8 RED CAP ROD 100' ROW) CHICAGO CENTRAL &PACIFIC RAILROAD ( C2 --' N 86'33'37" E 1988.65' }....--.. ---8. -/- C1-=-----ROD S 02'10'53" E 131.49' W / -FL FL -,e. 41.24' F \ -F\, -FL --- N 84'53'37" E 316.18' 222.96'(223.01') Fw F(-F\'-FL N 89'34'48" W 264.20' LOT 2-1 OF THEODORE w/AI LOT 2-2-1-1 SW1/4 SE1/4 SECTION 29, T89N, R2E KONZEN PLACE w/AI WESTERLY 125' OF LOT 2-1-1-1 SW1/4 SE1/4 SECTION 29, T89N, R2E 75/8" ROD W/AI N 01'25'08" E 76.90'(77.0') FL LOT 1 TA=1.219 ACRES Non -Buildable N 85'03'48" W 253.98'(254.50' ) LOT 2-1-1-1 SW1/4 SE1/4 SECTION 29, T89N, R2E EXCLUDING THE WESTERLY 125' N 85'25'36" W 145.91'(145.73') LOT 1-2-1-1-1-1 SW1/4 SE1/4 SECTION 29, T89N, R2E LOT 1-1-1 u FL N86'03'37"W 100.10' (100') NN I N Z N \P g V, 0 1EOp0 RE KONZEN PACE ---FL -FL -F( -F( -pi_ -FL S 03'56'23" W 84.04' N 8618'28" W 249.48'(250') LOT 2-1-1-1-1-1 SW1/4 SE1/4 SECTION 29, T89N, R2E N 8715'31" W 105.42' (106.0') LOT 2 TA=15.181 ACRES RA= 0.117 ACRES NA=15.064 ACRES FL AFL -FL LOT 2-1-1-1-1-1-1-1 SW1/4 SE1/4 SECTION 29, T89N, R2E LOT 2-1-1-1-1-1-1-1-1 SW1/4 SE1/4 SECTION 29, T89N, R2E FL --FL FI- FL N 83'54'09" W 92.80' (92.8') i LOT 2-1-2 SE1/4 SE1/4 SECTION 29, T89N, R2E LOT 2 DUBUQUE / 0 / INDUSTRIAL / '1' • �tr5/8" ROD CENTER 13TH / 11, try/ W/AI / / / / X ( J Le- S 23'26'29" E 119.68' (117.28') LOT 1-2-1-2 OF THEODORE KONZEN PLACE 9, ti 0 ALSO FOUND ANGLE IRON NW 2.2' 0' 75' 150' SCALE: 1" = 150' NOTES 300' 1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF. 2.TOTAL AREA OF PERIMETER SURVEYED IS 16.400 ACRES. 3. THIS PLAT IS SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD. 4.BEARING IS BASED FROM NAD83, ZONE 1401, IOWA NORTH COORDINATE SYSTEM. I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS PREPARED AND THE RELATED SURVEY WORK WAS PERFORMED BY ME OR UNDER MY DIRECT PERSONAL SUPERVISION AND THAT I AM A DULY LICENSED LAND SU' ; R UNDER THE LAWS OF Tb1E STATE OF IOWA. TERRY L. LK R (DATE) ` LICENSE UMBER 15487 MY LICENSE RENEWAL DATE IS DECEMBER 31, 2025 SHEETS COVERED BY THIS SEAL : SHEETS 1 & 2 \\\\\\\U\\11011 II 111//i U TERRY L. 4-^ KOELKER 15487 •" * NOIIIOIIYI11111\\\\C �UESIINNG ENGINEERS AND SURVEYORS 1212 LOCUST ST, DUBUQUE, IA (563) 556-4389 DRAWN BY: JCH CHECKED BY: TLK SURVEY DATE: 7/24, 26, 30/2024 PLOT DATE: 8/1/2024 DWG. NO. 24202-01 SCALE: 1" = 150' SHEET 1 OF 3 Sheet 2 of 3 Surveyor's Certificate I, Terry L. Koelker, a Duly Licensed Land Surveyor in the State of Iowa, do hereby certify that the following real estate was surveyed and platted by me or under my direct personal supervision, To Wit: Lot 1-1-1 of Theodore Konzen Place, in the City of Dubuque, Iowa. This survey was performed for the purpose of subdividing and platting said real estate henceforth to be known as KELLHOFF PLACE, in the City of Dubuque, Iowa. Total area of KELLHOFF PLACE is 16.400 acres. Total area of LOT 1 is 1.219 acres. Total area of LOT 2 is 15.181 acre, with the ROW area being 0.117 acres. All Lot areas are, more or less, and all Lots are subject to easements, reservations, restrictions, and rights -of - way of record and not of record, the plat of which is attached hereto and made a part of this certificate. /i2 % 2 Terry L% Koelker Date Licensed Land Surveyor License Renewal Date: 12/31/2025 License No. 15487 Owner's Consent Dubuque, Iowa , 2024 The foregoing Plat of Survey of: KELLHOFF PLACE, in the City of Dubuque, Iowa is made with the free consent and in accordance with the desires of the undersigned owner and proprietor of said real estate. Property is subject to all easements of record and not of record. State of Iowa County of Dubuque ss: Kellhoff Properties LLC Luke D. Hoffmann, Member On this day of , AD 2024, before me, the undersigned, A Notary Public in and for the State of Iowa, personally appeared Luke D. Hoffmann to me personally known, who, being duly sworn did say that said Luke D. Hoffmann is a Member of Kellhoff Properties LLC, signed on behalf of said Corporation by authority of its Board of Directors, and that said Luke D. Hoffmann, Member acknowledged the execution of said instrument to be the voluntary act and deed of said Corporation by it voluntarily executed Witness my hand and Notarial Seal on the date above written. Notary Public in and for the State of Iowa My Commission Expires Wally Wernimont, City Planner City Assessor's Certificate , 2024 The foregoing Plat of Survey of: KELLHOFF PLACE, in the City of Dubuque, Iowa was entered of record in the Office of the City Assessor of the City of Dubuque, Iowa, on the date first written above. Dubuque, Iowa City of Dubuque Planning Services Sheet 3 of 3 , 2024 The foregoing Plat of Survey of: KELLHOFF PLACE, in the City of Dubuque, Iowa was reviewed and approved by the City of Dubuque Planning Services on the date first written above. Dubuque, Iowa Dubuque, Iowa City Assessor of the City of Dubuque, Iowa County Auditor's Certificate , 2024 The foregoing Plat of Survey of: KELLHOFF PLACE, in the City of Dubuque, Iowa was entered of record in the Office of the Dubuque County Auditor this day of 2024. We approve of the subdivision name or title to be recorded. Dubuque, Iowa County Auditor of Dubuque County, Iowa Recorder's Certificate , 2024 The foregoing Plat of Survey of: KELLHOFF PLACE, in the City of Dubuque, Iowa has been reviewed by the Dubuque County Recorder. Dubuque County Record Hello This is Cindy Kobusch at 4655 Old Highway Rd. We unfortunately do not think we will be able to be at the meeting on September 4,2024 The said property located at 1090 Radford Road is owned by Kellhoft Properties LLC. The managing interest is a Luke Hoffmann listed on the notice. This modified zoning to Moderate Density multifamily residential. This zoning would allow 0-13 dwelling units/acre. The zoning code 17.32.010 Purpose and Intent states the following. The intent of the high density multi family zone is to accommodate and encourage multifamily residential uses consisting of low rise (1-3 stories high) apartment, condominium and townhouse style development with appropriate amenities for the residents and common and private open spaces. This allowable density ranges from 0-13 dwellings per acre. The concerns are the following 1. Even if this project starts smaller, this zoning would eventually allow up to 208 residential properties in the said acres owned. If average of 2 vehicles per residence, it is a lot of additional traffic and noise. If families, even more traffic and noise and the overall issues with having a lot of people in a small area. 2. This said property owner Kellhoft properties LLC is the owner of many properties around Dubuque including a few commercial properties. Of the 22 residential properties I looked at,6 were rated either normal(4), good(1) or above normal(2). 11 properties, the majority, were rated below normal, 2 poor and one very poor. This corporation has a record of not taking care of their properties which will only hurt the value of our properties. None of these above petitioner owned properties are quality properties. Having low quality residential property near or bordering our property can also greatly inhibit what we are able to do with our land taking into greater consideration of residential neighborhood. 3. We just do not see any good or benefit to having property like this adjacent to ours. Only a detriment. We are rightfully opposed to the rezoning of this property. Feel free to reach out to us at dubuquer@aol.com for any clarification Thanks for consideration of our opinion to the rezoning. Michael and Cynthia Kobusch Travis Schrobilgen From: Jessica Bleile <jbleile@outlook.com> Sent: Wednesday, September 4, 2024 11:50 AM To: Planning Subject: 1090 Radford Road Rezone Comments Caution! This message was sent from outside your organization. Never give your login information and password over email! Allow sender I Block sender Report To the Zoning Advisory Commission: This letter is regarding the property of 1090 Radford Rd. and the proposal to rezone a portion of the property from CS commercial service and wholesale to R-3 moderate density multifamily residential. Our family owns a property adjacent to 1090 Radford Rd. and would like to provide some feedback regarding the rezoning. This location currently lies within a commercially zoned location and may not be conducive to a residential multi family residence. Businesses are active during day and night hours, and the location lies directly next to the train tracks, which are also active. If this property is resigned, it would be an island of property surrounded by commercial lots. In the hope of avoiding any future issues due to the traits of placing commercial and residential properties this closely, we ask you to reconsider the proposal to rezone. We hope to continue to see the city of Dubuque grow and prosper through businesses and community members that would be in more beneficial areas to create housing opportunities that are in more feasible locations. Thank you for your time and consideration. Chad and Jessica Bleile 4905 Old Highway Road Dubuque, IA 52002 Get Outlook for iOS 1 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. 55 - 24 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 1090 RADFORD ROAD (PER EXHIBIT A) FROM CS COMMERCIAL SERVICE DISTRICT TO R- 3 MODERATE DENSITY MULTI -FAMILY RESIDENTIAL 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 CS Commercial Service District to R-3 Moderate Density Multi -Family Residential District, to wit: Per Exhibit A, 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 16th day of September, 2024. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk 0.88' / i.01 DETAIL NO -SCALE C1-A\ - SECTION 2 Plat of Survey of: KELLHOFF PLACE, in the City of Dubuque, Iowa LEGEND 0008■0• ROW -X- X-X- -FL -FL - FW-FW W/AI (TA) RA NA FOUND 1" IRON PIPE (UNLESS OTHERWISE NOTED) FOUND 5/8" ROD W/YELLOW CAP #4016 FOUND 5/8" ROD W/RED CAP #12631 FOUND 5/8" ROD W/RED CAP #9651 PROPERTY CORNER LANDED IN THE "MIDDLE FORK CATFISH CREEK" FOUND MAC NAIL PLACED MAG NAIL PLACED 5/8" IRON REROD W/ORANGE PLASTIC CAP MARKED "KOELKER 15487" SURVEYED BOUNDARY LINE PROPERTY LINE RIGHT OF WAY LINE CENTERLINE EXISTING FENCE LINE 500 YEAR FLOOD LINE - SOUTH EDGE FLOODWAY LINE - SOUTH EDGE WITH ANGLE IRON RECORD DIMENSION TOTAL AREA ROW AREA NET AREA INDEX LEGEND Location: Kellhoff Place, in the City of Dubuque, Iowa SE1/4 of Section 29, T89N, R2E of the 5th P.M., in the City of Dubuque, Dubuque County, Iowa Requestor: Luke Hoffmann Proprietors of Lot 1-1-1 of Theodore Konzen Place: Kellhoff Properties LLC -1090 Radford Rd., Dubuque, IA 52002 Surveyor. Terry L. Koelker Company: Buesing & Associates, Inc. 1212 Locust St, Dubuque, IA 52001 Retum To: tlkoelker@buesing.com (563) 556-4389 CURVE DATA CURVE DELTA RADIUS ARC LENGTH TAN ' CHORD LENGTH CHORD BEARING C1 16'38'02" 2125.98' 617.20' 310.79' 615.04' N7912'13"E C1-A 01'08'50" 2125.98' 42.57' 21.29' 42.57' N71'27'37"E C1-B 15'29'12" 2125.98' 574.63' 289.08' 572,89' N79'46'38"E C2 25'09'25" 1419.92' 623.44' 316.83' 618.45' N76'13'18"E C3 16'33'41" 1687.28' 487.71' 245.57' 486.01' N55'53'33"E LOT 1 DUBUQUE INDUSTRIAL CENTER 13TH ADDITION OTE THIS SURVEY IS COMPRISED OF: LOT 1-1-1 OF THEODORE KONZEN PLACE AND LOCATED IN THE SE1/4 OF SECTION 29, T89N, R2E OF THE 5TH P.M., IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA PREPARED BY: BUESING & ASSOCIATES ADDRESS: 1212 LOCUST STREET, DUBUQUE, IOWA PHONE: (563) 556-4389 / / / • 5/8" / ROD / / / / / 1 /// /// �V //�pr- (138'42') / / // N 48 2T20" E / V / 65.56' / 7 / �, %/ r3N // �, I/ Mh // // �// ool ' i DUBUQUE INDUSTRIAL CENTER 8TH ADDITION / R:ED 8 RED CAP ROD 100' ROW) CHICAGO CENTRAL &PACIFIC RAILROAD ( C2 --' N 86'33'37" E 1988.65' }....--.. ---8. -/- C1-=-----ROD S 02'10'53" E 131.49' W / -FL FL -,e. 41.24' F \ -F\, -FL --- N 84'53'37" E 316.18' 222.96'(223.01') Fw F(-F\'-FL N 89'34'48" W 264.20' LOT 2-1 OF THEODORE w/AI LOT 2-2-1-1 SW1/4 SE1/4 SECTION 29, T89N, R2E KONZEN PLACE w/AI WESTERLY 125' OF LOT 2-1-1-1 SW1/4 SE1/4 SECTION 29, T89N, R2E 75/8" ROD W/AI N 01'25'08" E 76.90'(77.0') FL LOT 1 TA=1.219 ACRES Non -Buildable N 85'03'48" W 253.98'(254.50' ) LOT 2-1-1-1 SW1/4 SE1/4 SECTION 29, T89N, R2E EXCLUDING THE WESTERLY 125' N 85'25'36" W 145.91'(145.73') LOT 1-2-1-1-1-1 SW1/4 SE1/4 SECTION 29, T89N, R2E LOT 1-1-1 u FL N86'03'37"W 100.10' (100') NN I N Z N \P g V, 0 1EOp0 RE KONZEN PACE ---FL -FL -F( -F( -pi_ -FL S 03'56'23" W 84.04' N 8618'28" W 249.48'(250') LOT 2-1-1-1-1-1 SW1/4 SE1/4 SECTION 29, T89N, R2E N 8715'31" W 105.42' (106.0') LOT 2 TA=15.181 ACRES RA= 0.117 ACRES NA=15.064 ACRES FL AFL -FL LOT 2-1-1-1-1-1-1-1 SW1/4 SE1/4 SECTION 29, T89N, R2E LOT 2-1-1-1-1-1-1-1-1 SW1/4 SE1/4 SECTION 29, T89N, R2E FL --FL FI- FL N 83'54'09" W 92.80' (92.8') i LOT 2-1-2 SE1/4 SE1/4 SECTION 29, T89N, R2E LOT 2 DUBUQUE / 0 / INDUSTRIAL / '1' • �tr5/8" ROD CENTER 13TH / 11, try/ W/AI / / / / X ( J Le- S 23'26'29" E 119.68' (117.28') LOT 1-2-1-2 OF THEODORE KONZEN PLACE 9, ti 0 ALSO FOUND ANGLE IRON NW 2.2' 0' 75' 150' SCALE: 1" = 150' NOTES 300' 1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF. 2.TOTAL AREA OF PERIMETER SURVEYED IS 16.400 ACRES. 3. THIS PLAT IS SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD. 4.BEARING IS BASED FROM NAD83, ZONE 1401, IOWA NORTH COORDINATE SYSTEM. I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS PREPARED AND THE RELATED SURVEY WORK WAS PERFORMED BY ME OR UNDER MY DIRECT PERSONAL SUPERVISION AND THAT I AM A DULY LICENSED LAND SU' ; R UNDER THE LAWS OF Tb1E STATE OF IOWA. TERRY L. LK R (DATE) ` LICENSE UMBER 15487 MY LICENSE RENEWAL DATE IS DECEMBER 31, 2025 SHEETS COVERED BY THIS SEAL : SHEETS 1 & 2 \\\\\\\U\\11011 II 111//i U TERRY L. 4-^ KOELKER 15487 •" * NOIIIOIIYI11111\\\\C �UESIINNG ENGINEERS AND SURVEYORS 1212 LOCUST ST, DUBUQUE, IA (563) 556-4389 DRAWN BY: JCH CHECKED BY: TLK SURVEY DATE: 7/24, 26, 30/2024 PLOT DATE: 8/1/2024 DWG. NO. 24202-01 SCALE: 1" = 150' SHEET 1 OF 3 Dubuque THE CITY OF All Amerlc� Ctty DUB E'111' Masterpiece on the Mississippi zz00071•i7zoi•zorza1l 1090 Radford Road Request to rezone from CS Commercial Service and Wholesale to R-3 Moderate Density Multi - Family Residential Staff Presentation to City Council September 16, 2024 Dubuque THE CITY OF bitd • Dus E 'iIIF. Masterpiece on the . Vicinity Map Applicant: Luke Hoffmann Location: 1090 Radford Road Type: Rezoning Description: To rezone a portion of property from CS Commercial Service and Wholesale to R-3 Moderate Density Multi -Family Residential. ...; Subject Property City Limits 105 210 420 Feel ':3.000 Legend Special Flood Hazard Area 411.1 100 Year Flood Plain /79 Floodw ay Project Site Project Site: ■ 1.29 acres (56,192 sq. ft) ■ Portion of 1090 Radford Road ■ Will be consolidated with 1070 Radford Road (zoned R-3) Adjacent Zoning Districts: ■ North — CS Commercial Service ■ East — CS Commercial Service ■ South — C-3 General Commercial ■ West — R-3 Moderate Density Multi -Family Residential Adjacent Land Use: ■ North —Commercial/Railroad ■ East — Commercial ■ South — Residential ■ West — Residential Permitted Uses Principal Permitted Uses The CS zoning district allows for thirty-nine (39) Principal Permitted Uses (primarily commercial or light industrial in nature) The R-3 zoning district allows for twelve (12) Principal Permitted Uses (residential in nature) CS Zoning District R-3 Zoning District Agricultural supply sales. Animal hospital or clinic. Cemetery. mausoleum, or columbarium. Community gardens. Appliance sales or service. Golf course. Auto part sales or supply. Business services. Parks, public or private. and similar natural recreation areas. Place of religious exercise or assembly. Commercial greenhouse. Public, private. or parochial school, approved by the state of lows (K - 12). Construction supply sales or service. Contractor shop or yard. Railroad or public or quasi -public utility, including substation. Single-family detached dwelling. Dental or medical lab. Townhouse (maximum 6 dwelling units). Farm implement sales or service. Freight transfer facility. Two-family dwelling (duplex). Multi family dwellino (maximum 6 dwelling units). Fuel or ice dealer. Maternity group home Fumiture 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. Mini warehousing. 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;recvcling 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. Subject Property 200-Foot Notification Boundary Properties Notified Public Input ■ Two letters have been submitted in opposition to the project: • Michael and Cynthia Kobusch— 4655 Old Highway Road • Chad and Jessica Bleile — 4905 Old Highway Road ■ No one from the public spoke at the public hearing Zoning Advisory Commission Recommendation By a vote of 3 to 0, the Commission recommends that the City Council approve the rezoning of 1090 Radford Road from CS Commercial Service and Wholesale to R-3 Moderate Density Multi -Family Residential. A simple majority vote is needed for City Council to approve the rezoning of the property. QUESTIONS? kol t) % 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: 09/06/2024 and for which the charge is 37.62 Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this 6th day of September, 2024 9 Notary Public in and for Dubuque County, Iowa. ��+c JANET K. PARE o Y Commission Number 199659 My Commission Expires ova 12/11/2025 STATE OF IOWA SS: a)�►a )p � (X?iC-ki3ONLOtom➢ Lo) Os- 24 Ad text : CITY OF DUBUQUE, IOWA OFFICIAL NOTICE PUBLIC NOTICE is hereby given that the Dubuque City Council will conduct public hearings on the 16th day of September, 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 Josh Jansen to rezone property at 27 Locust Street from C-3 General Commercial to C-4 Downtown Commercial. 2. Request from Luke Hoffmann to rezone a portion of 1090 Radford Road from CS Commercial Service and Wholesale to R-3 Moderate Density Multi -Family Residential. 3. Request from Craig Nesteby tor rezone property at 1142 University Avenue y from C-2 Neighborhood Shopping Center to R-2 Two -Family Residential zoning district. 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 9/6 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: 09/20/2024 and for which the charge is 20.97 Subscribed to before me, a Notary Public 'n ar i for Dubuque County, Iowa, this 23rd day of September, 2024 Notary ic in and for Dubuque County, Iowa. JANET K. PAPE r Commission Number 199659 My Commission Expires 12/11/2025 Ad text : CITY OF DUBUQUE OFFICIAL PUBLICATION ORDINANCE NO. 55 - 24 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 1090 RADFORD ROAD (PER EXHIBIT A) FROM CS COMMERCIAL SERVICE DISTRICT TO R-3 MODERATE DENSITY MULTI -FAMILY RESIDENTIAL 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 CS Commercial Service District to R-3 Moderate Density Multi -Family Residential District, to wit: Per Exhibit A, 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 16th day of September, 2024. /s/Brad M. Cavanagh, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 20th day of September, 2024. /s/Adrienne N. Breitfelder, City Clerk It 9/20