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Request to Rezone 405 and 575 Cedar Cross Road - Second ReadingCopyrighted April 7, 2025 City of Dubuque ACTION ITEMS # 1. City Council ITEM TITLE: Request to Rezone 405 and 575 Cedar Cross Road - Second Reading SUMMARY: Second reading of a proposed ordinance regarding a request from Luke and Julie Merfeld - Merfeld Properties LLC to rezone property located at 405 and 575 Cedar Cross Road from R-1 Single -Family Residential to R-4 Multi -Family Residential zoning district, 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 405 Cedar Cross Road And 595 Cedar Cross Road From R-1 Single -Family Residential District To R-4 Multiple -Family Residential District SUGGUESTED Receive and File; Motion A - Second Reading DISPOSITION: OR Receive and File; Motion B; Motion A ATTACHMENTS: 1. ZAC Ltr to CC 2. Application 3. Staff Report 4. Ordinance 5. R-1 SFR Zoning District 6. R-4 MFR Zoning District 7. Notification Map 8. Vicinity Map 9. CC Presentation 10. ZAC Public Input 11. Public Input Submitted Prior to 3/17/25 Meeting 12. Public Input Submitted After 3/17/25 Meeting Page 334 of 386 Planning Services Department City Hall 50 West 1311, Street Dubuque, IA 52001-4864 (563) 589-4210 phone (563) 589-4221 fax (563) 690-6678 TDD planning@ci!yofdubuque.org THE CITY OF DUB E Masterpiece on the Mississippi The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 13t" Street Dubuque IA 52001 Dubuque whoin CRY 2007-2012.2013 2017*2019 March 11, 2025 Applicant: Luke and Julie Merfeld - Merfeld Properties LLC Location: 405 and 575 Cedar Cross Road Description: To rezone property from R-1 Single -Family Residential to R-4 Multi -Family Residential zoning district. Dear Mayor and City Council Members: The City of Dubuque Zoning Advisory Commission has reviewed the above -cited request. The application, staff report and related materials are attached for your review. Discussion Julie Merfeld, 10713 Cottingham Road, Merfeld Properties, spoke on behalf of the application. She stated they're seeking to rezone the property to R-4 because they've been trying unsuccessfully to sell the property for over two years. She noted they have heard neighbors' opposition to a previous rezoning request to allow commercial development and higher density residential and so this rezoning is to allow for lower density residential. She stated the R-4 would not allow for a large development such as the 180-unit development at 380 Cedar Cross Road. The Commission questioned what they had done to market the property for sale and Mrs. Merfeld explained that it has been listed as for sale by owner, and they have worked with two realtors. The Commission asked if there were real estate signs posted, and Ms. Merfeld said there were signs, and the listing is online. The Commission heard public input regarding the project. Seven (7) neighboring property owners spoke in opposition to the requested rezoning. They identified traffic as a major concern and discussed the previous traffic study conducted for the 180-unit residential project located at 380 Cedar Cross Road and expressed a desire for a traffic study to be conducted for the subject property. They stated that the sports complex results in a high traffic volume on Nightengale Road and a multi -family residential development would increase that impact. They stated they have concerns with stormwater run-off, noise and safety, parking, and lighting should the site be developed with a multi -family residential use. They generally expressed a desire for the property to remain as single-family. Service People Integrity Responsibility Innovation Teamwork Page 335 of 386 The Honorable Mayor and City Council Members Page 2 Luke Merfeld, 10713 Cottingham Road, Merfeld Properties, spoke in response to the neighbors' concerns. He said he grew up on the property that is now proposed to be developed for 180 apartment units, and said that there was much less development then, and he wished the area would have remained rural, but Dubuque has grown, and the subject property is ready for development. Staff provided a report and began by discussing the previously conducted traffic study for the proposed 180-unit apartment complex and its recommendation for widening Cedar Cross and installing a turn lane. Staff also summarized the previous rezoning requests for the property which included a Planned Unit Development request to allow a 30+ and the second was to rezone to CS Commercial Service and Wholesale. Ultimately, only 595 Cedar Cross Road has been rezoned to CS. Staff outlined the current request to rezone to R-4 Multi -Family Residential and provided a chart of the R-1 and R-4 zoning districts, noting the differences in permitted uses. Staff noted that in the R-4 district a maximum of 12 units could be permitted if the property has adequate site area to meet the code required bulk regulations. Staff stated that a multi- family residential development (3 or more units) would require site plan review with the city's Development Review Team and during that review further evaluation of traffic, sidewalk requirements, stormwater, lighting requirements, and parking requirements would be reviewed to ensure compliance with all city codes. Staff noted there were three letters submitted by neighboring property owners for the Commission's consideration (see attached). The Commission questioned the differences between R-2, R-3, and R-4 zoning districts, including how many units they allow and what building height is allowed. Staff provided a summary of the allowances in each of those zones, also noting the required lot area per unit in each district. Staff clarified that multi -family is considered to be three or more units. The Commission discussed the requested rezoning noting there had been lots of comments regarding traffic, and the developer of the property will have to address questions about the potential impacts and others such as parking, runoff, and sidewalks. The Commission noted that construction will not happen immediately, and that rezoning is not a green light to start building. The Commission expressed understanding with the neighbor's concerns and also generally stated that this rezoning to R-4 felt more appropriate than previous rezoning requests. Recommendation By a vote of four to one, the Zoning Advisory Commission recommends that the City Council approve the request to rezone the subject property from R-1 Single -Family Residential to R-4 Multiple Family Residential. A simple majority vote is needed for the City Council to approve the request. Service People Integrity Responsibility Innovation Teamwork Page 336 of 386 The Honorable Mayor and City Council Members Page 3 Respectfully submitted, A/a Matthew Mulligan Zoning Advisory Corn sion Attachments Service People Integrity Responsibility Innovation Teamwork Page 337 of 386 TI IF. CITY OF DUB E Masterpiece oil the Mississippi Zoning Advisory Commission ❑ Amended PUD ,® Rezoning/PUD/ID ❑ Text Amendment ❑ Simple Subdivision ❑ Preliminary Plat ❑ Major Final Plat ❑ Minor Final Plat ❑ Waiver from Site Design Standards A. Property Information B 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 City of Dubuque Planning Services Department Dubuque, IA 52001-4845 Phone:563-589-4210 Fax: 563-589-4221 planning@cityofdubu�ue.org Historic Preservation Commission ❑ Demolition Review ❑ Historic Revolving Loan ❑ Certificate of Economic Non -Viability ❑ Design Review Certificate of Appropriateness ❑ Advisory Design Review (Public Projects) ❑ Historic Designation Site Location/Address:"[ E C'eQ6,P. ckn&S R� Legal Description/Parcel ID#/Subdivisions 0 `(��i aJ 10b�j I D O�S Existing Zoning: Proposed Zoning: Site Area (square feet/acres): 40LA'i ba- �T- ^T11TAe� �e 3 . o�( S I) t , ��t so, �. Historic District: and ark: � Yes ® No Describe proposal and reason for application (attach a letter of explanation, if necessary): _ C. Applicant/Agent Information Name: i ,1 E2CF-] C) P0f)PFVlAe C Phone: V. MN1C[il� Addreun� A--- -! '�� • D. Property Owner(s) Information Name(s): i _, , ��L (_ a k t=f- ) Phone:��' a )I — ( Q150 Address: �(�1l J�M tx"" �K.(�. City: —(1S l State: - C l . Zip: �Q(95 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. 1,1 Applicant/Agen cJ I JrDate: /(J� Property Owner( �LG( Q,�) Date: Fee $ Ck# ❑CC ❑Cash Received by Date Page 338 of 386 REZONING STAFF REPORT Property Address: 405 and 575 Cedar Cross Road Property Owner: Luke and Julie Merfeld Applicant: Merfeld Properties, LLC Zoning Agenda: March 5, 2025 Description: To rezone property from R-1 Single -Family Residential to R-4 Multi -Family Residential zoning district. Proposed Land Use: Residential Existing Land Use: Vacant property Adjacent Land Use: Former Zoning: North — Residential/Commercial East — Residential/Commercial South — Residential/Commercial West — Residential/Commercial 1985 — R-1 Residential 1975 — R-2 Residential Total Area: .35 acres (405 Cedar Cross Rd) 2.14 acres (575 Cedar Cross Rd) Proposed Zoning: R-4 Existing Zoning: R-1 Adjacent Zoning: North — PR/PC/CS East — CS/R-1 South — R-1 /CS West — R-1 /PC Property History: The subject site has historically been zoned for residential use. The 405 Cedar Cross Road property contains a legally non -conforming garage, and the 575 Cedar Cross Road property is currently vacant. Physical Characteristics: The subject site being rezoned is comprised of two lots totaling approximately 2.5 acres. The lots are each irregularly shaped and have frontage along Cedar Cross Road to the north. The 575 Cedar Cross Road lot also has 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 subject site is largely unimproved, with the exception of a legally non -conforming garage on the 405 Cedar Cross Road property. Site image provided on the following page. Page 339 of 386 Staff Report — 405 and 575 Cedar Cross Road Page 2 405 & 575 Cedar Cross Rd Request to Rezone to R-4 ' Subject Site /. //X �i }Oh �4 1 1 * 4° 5 �f Uuu *595 �9 DUBUUUE * *001 '01 01 W *3095 701 -01 * *i *701 / `-01 01 01 -ftt l lf1` 1 Concurrence with Comprehensive Plan: The Comprehensive Plan goals promote infill and mixed -use development. The City's Future Land Use Plan identifies the lot at 405 as Single -Family Residential and the lot at 575 Cedar Cross Road as Park & Open Space. The proposed project would also help to meet the following recommendations of the Comprehensive Plan: - Integrate future neighborhoods into Dubuque via access to trails, open space, and other recreational and educational amenities and connections to needed goods and services. - Encourage a mix of housing affordable for all segments of Dubuque's populations throughout the community, including options for those who might be saving for their first home. - Encourage new multi -family development in proximity to jobs to minimize transportation costs. 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 Page 340 of 386 Staff Report — 405 and 575 Cedar Cross Road Page 3 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, 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 two lots totaling approximately 2.5 acres. The lots are each irregularly shaped and have frontage along Cedar Cross Road to the north. The 575 Cedar Cross Road lot also has frontage along Nightengale Lane to the east. The 405 property is currently improved with a legally non- conforming detached garage and the 575 property is vacant. 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 and commercial properties to the east and along portions of the north and south property boundaries. The area is mixed with residential uses, commercial retail and service uses, and a childcare facility nearby. The property is located along an existing commercial corridor classified as a `minor arterial'. The requested rezoning would be a continuation of the permitted residential uses (single-family) and would also allow for higher density residential. 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 R-4 Multi Family Residential zoning district. The subject site being rezoned is comprised of two lots totaling approximately 2.5 acres. The lots are each irregularly shaped and have frontage along Cedar Cross Road to the Page 341 of 386 Staff Report — 405 and 575 Cedar Cross Road Page 4 north. The 575 Cedar Cross Road lot also has frontage along Nightengale Lane to the east. The subject site 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 property is surrounded by residential and commercial properties to the east and along portions of the north and south property boundaries. The area is mixed with residential uses, commercial retail and service uses, and a childcare facility nearby. The property is located along an existing commercial corridor classified as a `minor arterial'. The requested rezoning would be a continuation of the permitted residential uses (single-family) and would also allow for higher density residential. The requested R-4 zoning district would allow for additional residential density beyond the existing R-1 zoning district but would also continue to allow for single-family residential development. Below is a chart showing the permitted uses in both the R-1 and R-4 zoning districts. The highlighted items are permitted in both zoning districts. The R-4 zoning district would allow for multi -family dwellings (3-12 units maximum), townhouses (3-12 units maximum), and two-family dwellings which are currently not permitted in the R-1 zoning district. A copy of the R-1 and R-4 codes sections are attached. Principal Permitted Uses R-1 Zoning District R-4 Zoning District Single-family detached dwelling Single-family detached dwelling Cemetery, mausoleum, columbarium Multi -family dwelling 3 to 12 units per buildin Community gardens Townhouse 3 to 12 units laterally attached Golf course Two-family dwelling (duplex) Maternity group home Cemetery, mausoleum, columbarium Parks, public or private, natural recreation area Communit gardens Place of religious exercise or assembly Golf course Public, private or parochial school Maternity group home Railroad/public or quasi -public utility/substation Parks, public or private, natural recreation area Place of religious exercise or assembly Public, private or parochial school Railroad/public or quasi -public utility/substation Any proposed grading/alteration to the property, or development of more than two residential units' would require 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 ' Pursuant to UDC Chapter 12-3, site plan review is required for construction or expansion of any building, structure, or freestanding sign except single-family detached dwellings, duplexes, and townhomes of not more than two units and permitted accessory structures to a single-family dwelling or duplex. Page 342 of 386 Staff Report — 405 and 575 Cedar Cross Road Page 5 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 2/26/2025 Page 343 of 386 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. - 25 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 405 CEDAR CROSS ROAD AND 595 CEDAR CROSS ROAD FROM R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT TO R-4 MULTIPLE -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 R-1 Single -Family Residential District to R-4 Multiple -Family Residential District, to wit: Lot 2-2 Mineral Lot 219, Lot 2-2-1-2-1-1-2 Mineral Lot 220, and Lot 2-1- 1-1-2-3 Mineral Lot 219 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 , 2025. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk Page 344 of 386 2/26/25. 9:29 AM https://export.amlegal.com/api/export-requests/229bbOfb-4dc9-4a27-9abb-bc2fb7f6l bee/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) https://export.amlegal.com/api/export-requests/229bbOfb-4dc9-4a27-9abb-bc2fb7f6lbee/download/ Page 345 of �66 2/26/25. 9:29 AM https://export.amlegal.com/api/export-requests/229bbOfb-4dc9-4a27-9abb-bc2fb7f6l bee/download/ 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: Minimum Maximum Setbacks Front Minimum Minimum R-1 Residential Minimum Lot Area Lot Lot Coverage Maximum Height Minimum2 Maximum Frontage (Lot Area) Side Rear Minimum Maximum Setbacks Front Minimum Minimum R-1 Residential Minimum Lot Area Lot Lot Coverage Maximum Height Minimum2 Maximum Frontage (Lot Area) Side Rear https://export.amlegal.com/api/export-requests/229bbOfb-4dc9-4a27-9abb-bc2fb7f6lbee/download/ Page 346 of166 2/26/25, 9:29 AM https://export.amlegal.com/api/export-requests/229bbOfb-4dc9-4a27-9abb-bc2fb7f6l bee/download/ Permitted uses: Place of religious exercise 20,000 sq. ft. 100 ft. 40% 20 ft. - 20 ft. 20 ft. 75 ft.1 or assembly, school Single-family detached 5,000 sq. ft. 50 ft. 40% 20 ft. 50 ft. 6 ft. 20 ft. 30 ft. dwelling 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, 5,000 sq. ft. 50 ft. 40% 20 ft. - 6 ft. 20 ft. 30 ft. licensed childcare center Mortuary, funeral home or 20,000 sq. ft. 100 ft. 40% 20 ft. - 20 ft. 20 ft. 30 ft. crematorium 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. https://export.amlegal.com/api/export-requests/229bbOfb-4dc9-4a27-9abb-bc2fb7f6lbee/download/ Page 347 of166 1»oo/downwao vi ^ � � . h eA.-, a h h; 1boo�own|oad 4�� '^,~ '`^p~~~'~'g^ ^~~~r`^p~~~y~`~~^^`'~`'~—~`~-~^'`~~~~~'~''` `~~ Page 348of�." 2/26/25. 9:30 AM https://export.amlegal.com/api/export-requests/e5f6c46e-3493-4fd4-ad83-947b51 aa7142/download/ 16-5-6: R-4 MULTI -FAMILY RESIDENTIAL: The R-4 district is intended to provide residential areas of moderate to high density developments located adjacent to a major street and serves as a buffer or transition between commercial development, nonresidential uses, or heavy automobile traffic and medium density residential development. (Ord. 52-09, 10-19-2009) 16-5-6-1: PRINCIPAL PERMITTED USES: The following uses are permitted in the R-4 district: Cemetery, mausoleum, or columbarium. Community gardens. Golf course. Maternity group home. Multi -family dwelling (3 to 12 units per buildings). Parks, public or private, and similar natural recreation areas. Place of religious exercise or assembly. Public, private, or parochial school approved by state of Iowa (K - 12). Railroad or public or quasi -public utility, including substation. Single-family detached dwelling. Townhouse (3 to 12 units laterally attached). Two-family dwelling (duplex). (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) 16-5-6-2: CONDITIONAL USES: The following conditional uses may be permitted in the R-4 district, subject to the provisions of section 16-8-5 of this title: Accessory dwelling unit. Bed and breakfast home. Bed and breakfast inn. Group home. Hospice. Housing for the elderly or persons with disabilities. Licensed adult day services. Licensed childcare center. Mortuary, funeral home, or crematorium. Multi -family dwelling of thirteen (13) or more units. Nursing or convalescent home. Off premises residential garage. Off street parking. Rooming or boarding house. Tour home. Tourist home. Wind conversion energy system. (Ord. 52-09, 10-19-2009; amd. Ord. 20-22, 5-20-2022) 16-5-6-3: ACCESSORY USES: The following uses are permitted as accessory uses as provided in section 16-3-7 of this title: Detached garage. https://export.amlegal.com/api/export-requests/e5f6c46e-3493-4fd4-ad83-947b51 aa7142/download/ Page 349 of �66 2/26/25, 9:30 AM https://export.amlegal.com/api/export-requests/e5f6c46e-3493-4fd4-ad83-947b5laa7142/download/ 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) 16-5-6-4: 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) 16-5-6-5: PARKING: Minimum parking requirements shall be regulated in conformance with the provisions of chapter 14 of this title, except for properties located within the Jackson Park and Cathedral Historic Districts where off-street parking is not required. (Ord. 52-09, 10-19-2009; amd. Ord. 9-24, 4-15-2024) 16-5-6-6: SIGNS: Signs shall be regulated in conformance with the provisions of chapter 15 of this title. (Ord. 52-09, 10-19-2009) 16-5-6-7: BULK REGULATIONS: Minimum Minimum Maximum Setbacks Maximum Front Minimum Minimum R-4 Residential Lot Area Lot Lot Height Minimum Maximum Frontage Coverage Side Rear Minimum Maximum Setbacks R-4 Residential Minimum Lot Area Lot Lot Maximum Height Front Minimum Minimum Minimum Maximum Frontage Coverage Side Rear Permitted uses: Multi -family dwelling (12 du 2,000 sq. 50 ft. 40 % 20 ft. - 3 ft. 1 20 ft. 40 ft. maximum) ft./du Place of religious exercise 20,000 sq. ft. 100 ft. 40 % 20 ft. - 20 ft. 20 ft. 75 ft.2 or assembly, school Single-family detached 5,000 sq. ft. 50 ft. 40 % 20 ft. 50 ft. 4 ft. 20 ft. 30 ft. dwelling Townhouse (12 du 1,600 sq. 16 ft./du 40 % 20 ft. - 0/3 ft. 1 20/0 ft. 40 ft. maximum) ft./du Two-family dwelling 5,000 sq. ft. 50 ft. 40 % 20 ft. 50 ft. 4 ft. 20 ft. 30 ft. Conditional uses: Bed and breakfast home 5,000 sq. ft. 50 ft. 40 % 20 ft. 50 ft. 4 ft. 20 ft. 30 ft. Bed and breakfast inn 5,000 sq. ft. 50 ft. 40 % 20 ft. 50 ft. 4 ft. 20 ft. 30 ft. Group home 5,000 sq. ft. 50 ft. 40 % 20 ft. - 3 ft.1 20 ft. 40 ft. Hospice 5,000 sq. ft. 50 ft. 40 % 20 ft. - 3 ft.1 20 ft. 40 ft. https://export.amlegal.com/api/export-requests/e5f6c46e-3493-4fd4-ad83-947b5laa7142/download/ Page 350 ofiA6 2/26/25, 9:30 AM https://export.amlegal.com/api/export-requests/e5f6c46e-3493-4fd4-ad83-947b51 aa7142/download/ Housing for the elderly or 20,000 sq. ft. 100 ft. 40 % 20 ft. 20 ft. 20 ft. 40 ft. disabled Licensed adult day services, 5,000 sq. ft. 50 ft. 40 % 20 ft. 3 ft,1 20 ft. 40 ft. licensed childcare center Mortuary, funeral home or 20,000 sq. ft. 100 ft. 40 % 20 ft. 20 ft. 20 ft. 40 ft. crematorium Nursing or convalescent 20,000 sq. ft. 100 ft. 40 % 20 ft. 20 ft. 20 ft. 40 ft. home Off premises residential - - - 20 ft. 3 ft. 6 ft. 15 ft. garage Rooming or boarding house 5,000 sq. ft. 50 ft. 40 % 20 ft. - 3 ft.1 20 ft. 40 ft. Notes: 1. Plus 1 additional foot per floor above the second floor. 2. 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. https://export. am legal.com/api/export-requests/e5f6c46e-3493-4fd4-ad83-947b51aa7142/download/ Page 351 of 16 2/26/25. 9:30 AM (Ord. 52-09, 10-19-2009) https://export.amlegal.com/api/export-requests/e5f6c46e-3493-4fd4-ad83-947b51 aa7142/download/ https://export.amlegal.com/api/export-requests/e5f6c46e-3493-4fd4-ad83-947b5laa7142/download/ Page 352 of�96 350 I �� 3538 3536� 3534 I. . A 12805 4 12801 r �k7 r 340F 31 no 75 ti Vj y' s� `s439ri �380 437` 427 �" .. 436 U 458 457 . 68 456 g478 467 466465 477 y..pQ 476 �'475. 498' ` _ 49 495 3160A 556 . 2 1_ '3190 26; 3170 3180 411 421 420 600 r= 700 \� '1 125 250 500� 1` uq 12805 12801 II 301 210oso CT " 3366 365 7 3376 380 3170 3200 300 II II F-A7G-,l -I-_ 455 min 1 13221 11 405 and 575 Cedar Cross Road Request to rezone from R-1 Single -Family Residential to a R-4 Multiple -Family Residential. Staff Presentation to ZAC March 5, 2025 41. P., c : ,,`�; ems; �, csc m cs ' e Q C-3 T_; C5 €73iI1� CZ)e2wa fig/ r Ole , AIN p L R-3 Sat &�. n C h,\ 0, G^'j PR x 1, P, C Srun 4 , R-4 C R-1 OF) V Y C S Dubuque THE, CM OF DUB E ��► 100h7017�7017 Alasterpieie on the Mississil I)i 2017•2019 Vicinity Map (� t +ae� Np ENMSYlYA1M AVE DOOOE 6i s h Applicant: Luke and Julie Merfeld, Merfeld Properties Location: 405 and 575 Cedar Cross Road Type: Rezoning Description: To rezone property from R-1 Single - Family Residential to R-4 Multi -Family Residential zoning district. � : : 16 Subject Property City Limits 0 200 400 800 N Fee! A I AOW Page 356 of 524 0 cyl Fy 1 1280 () 155 40 21 477 IM26,121P - — 1061 Project Site • Property & Zoning History- ■ 405 Cedar Cross Rd — Improved with a detached garage ■ 575 Cedar Cross Rd — Undeveloped, vacant lot ■ Properties have historically been zoned for residential uses (R-1 & R-2) • Project Site: ■ Two lots totaling 2.5 acres ■ Each lot has frontage along Cedar Cross Road ■ 575 Cedar Cross has 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/Commercial ■ South — Residential/Commercial ■ West — Residential/Commercial ■ Denlinger Herrig Insurance, 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) for grading/alteration of the property or development of more than two residential units.* (*Single-family detached dwellings, duplexes, and townhomes of not more than two units are exempt from site plan review.) ■ 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 for any proposed development. ■ Capital Improvement Investments: 0 Plan to improve Cedar Cross Road in fiscal year 2027 — right turn lane to Nighto-naa':r_ !..n Principal Permitted Uses R-1 Zoning District R-4 Zoning District Single-family detached dwelling Single-family detached dwelling Cemetery, mausoleum, columbarium Multi -family dwelling 3 to 12 units per buildin Community gardens Townhouse (3 to 12 units laterally attached) Golf course Two-family dwelling (duplex) Maternity group home Cemetery, mausoleum, columbarium Parks, public or private, natural recreation area Community gardens Place of religious exercise or assembly Golf course Public, private or parochial school Maternity group home Railroad/public or quasi -public utility/substation Parks, public or private, natural recreation area Place of religious exercise or assembly Public, private or parochial school Railroad/public or quasi -public utility/substation Public Input ➢ Three letters of public input have been submitted: • Sheila Trapp — 609 Woodland Ridge • Clark and Sharon Payne — 470 Woodland Ridge • Carol Maas — 3095 Nightengale Lane Zoning Advisory Commission Recommendation By a vote of 4 to 1, the Commission recommends that the City Council approve the rezoning of 405 and 575 Cedar Cross Road from R-1 Single -Family Residential to R-4 Multi -Family Residential. A simple majority vote is needed for City Council to approve the rezoning of the property. QUESTIONS? Carol M. Maas 3095 Nightengale Lane Dubuque, Iowa 52003 February 25, 2025 Zoning Advisory Commission Members, RE: Merfeld Properties zoning request With regards to the rezoning request presented to you tonight. My property is one of two properties zoned R-1 in the midst of the rezoning request, which is also R-1. I have been in contact with Luke & Julie. We exchanged thoughts of what each of our goals is at this point in time. I do want to let all parties involved know that I want to remain in my home as long as I can. I have taken advantage of programs offered by the City to enable me to do just that...remain in my home. Going forward at this point, I ask that you keep my property in mind. A change makes me think of water runoff, privacy, soil erosion etc. Regards, cMllff1a4e Home: 563-543-1901 Cell: 563-543-1901 cmaas309C@gmail.com Page 364 of 386 Renee Blosch From: Clark Payne <cpayne3503@aol.com> Sent: Saturday, March 1, 2025 11:53 AM To: Planning Subject: Merfeld Properties rezone request Caution! This message was sent from outside your organization. Never give your login Allow sender I Block sender information and password over email! Report Zoning Advisory Commision City of Dubuque Application from Merfeld Properties to rezone from R-1 to R-4 property 405 & 575 Cedar Cross Road. Request that the Zoning Advisory Commision deny Merfeld Properties application to change rezoning from R-1 to R-4. Reasons for denial: 1) Cedar Cross Road, as a "Corridor" Street, is not designed nor in condition to handle additional traffic loads. City engineers have agreed that Cedar Cross Road needs to be upgraded under current volumes. 2) Adding multi -family residential (apartments) units will increase traffic congestion and noise to an area that is primarily a residential (R-1 zoning) neighborhood. 3) Property developed by AJ Spiegel (re -sold), several blocks north of the Merfeld property, on Cedar Cross Road was changed from light commercial to Multi -family Residential zoning for an anticipated addition of approximately 180 apartment units. This will also add to the concerned issues sighted above in items 1 and 2. I Page 365 of 386 We respectfully ask that the Dubuque ZAC deny the Merfeld zoning request that will impact our residential neighborhood. Clark and Sharon Payne 470 Woodland Ridge Dubuque, IA 52003 Page 366 of 386 Renee Blosch From: SLS NOTES <609ziggy@gmail.com> Sent: Sunday, March 2, 2025 3:31 PM To: Planning Subject: Merfeld Properies Caution! This message was sent from outside your organization. Never give your login Allow sender I Block sender information and password over email! Report To Whom This May Concern: I live at 609 Woodland Ridge, Dubuque, IA 52003, in Turnberry Condominiums. I cannot attend the meeting on Wednesday, March 5th, at 6 p.m. First, I want to know if a CURRENT TRAFFIC STUDY was done. I am very much opposed to the rezoning because the traffic on Cedar Cross is already a huge problem, which will only add to it. I vote NOT to change the existing zoning. Sheila Trapp Worry is a conversation you have with yourself about things you cannot change. Prayer is a conversation you have with God about things HE can change. I Page 367 of 386 March 16, 2025 Mayor Brad Cavanaugh & Council Members, I write to you today to voice my opinion regarding the rezoning of the Merfeld property. I am one of two homes that is in the midst of this request. That being said I am very concerned about the outcome tonight. In July of 2024 1 asked for your careful examination of this area before proceeding with the final vote. We bought our home in January of 1973. This area was then annexed to the city in 1979. My house was built in 1967. The only amenity we were able to utilize was hooking up to city water, snow removal and rubbish collection, which we took advantage of. We shared a well with 595 Cedar Cross Road at that time. We each have a septic system to this day. Something that has never been brought up about this area is the fact that the street Nightengale Lane is not where it should be. This road was gravel and the people we bought our house from had it resurfaced when they were selling off lots all around us. I am probably the only one left (in the neighborhood) who knows that. The road (along the row of mailboxes) should be over to the middle of the 3110 Nightengale Lane's driveway. There is similar issue at the bottom of my lot. In the past the neighbors did not make a big deal of this and we let it be. Now that we are talking rezoning I am thinking about all the things in our neighborhood that we are not able to take advantage of, now we come along and want to put units that will further burden the area. I am the only one who was able to hook up to water at that; we have no sewer, no curb, and no gutter. Erosion and water runoff are of utmost importance to me at this time. I worked with the late John Vogt from the city and he helped me get proper drainage for the rain that came down Nightingale. I, as well spent $10,00.00 on installing drainage pipe on my property because I was getting water runoff in my lower level, partly due to the water & sewer runoff from the 595 Cedar Cross Road home and coming down Nightengale Lane. Page 368 of 386 I am asking you all to look at his area and you tell me if you see this area as fit for a 12 unit (one unit on each lot). There is no utility service, sewer or water, street lights, noise buffers, privacy fences... how do we know all those issues will be addressed? At this point in my life I am fortunate enough to remain in my home. I am grateful for the things we were able to accomplish ... I want to work with Luke & Julie. Any option but not multifamily, a townhouse perhaps. We have a very responsible neighborhood. We look out for each other and what we have going for us now is motivation to keep things compatible for all of us. Regards, Carol M. Maas 3095 Nightengale Lane Dubuque, Iowa 52003 Home: 563-556-3100 Cell: 563-543-1901 cmaas309@gmail.com Page 369 of 386 Adrienne Breitfelder From: Sent: To: Subject: This sender is trusted Attachment: April 7 2025.docx Contact Us Name: carol maas Address: 3095 Nightengale Lane Ward: Phone:5635431901 Email: cmaas309C&gmaiL.com City Department: City Council Citizen Support Center <dubuqueia@mycusthelp.net> Tuesday, April 1, 2025 11:33 AM Adrienne Breitfelder "Contact Us" inquiry from City of Dubuque website Message: I am sending my concerns regarding the rezoning of the Merfeld property. I believe there are alternative options for both parties. Page 370 of 386 April 1, 2025 Mayor Brad Cavanagh & City Council Members, Regarding: Rezoning of Merfeld Properties Good Morning! At this time our neighborhood is once again asking for your serious consideration given to the request of the rezoning of the remaining Merfeld properties to R-4. Stopping the development is not my/our goal, changing how it is done is our concern. There are other alternative zoning classifications that would address the concerns and expectations of both parties. A PUD would allow development while maintaining certain standards and allow for negotiations. R-2 as well. Over development is a factor. R-4 leaves us with no boundaries. Irregular shaped lots make it challenging to design and build homes that fit comfortably and comply with zoning regulations. R-4 allows for higher density housing which could lead to more buildings and residents in the area, thus impacting the neighborhood's character. The change can also lead to less green space and less space between homes. It is time for the sellers to get serious. This property has been through almost every stage of rezoning. It at one time was R-2, changed to R-1, corner lot requested to C and it goes on. As property owners we are only asking that we be informed on what the plan is for R-4 development. The enjoyment of my home will be impacted by an R- 4 change. The lot is a desirable piece of property for a single home or town home, there is privacy and seclusion. I have been told the asking price of the property is a factor. The Merfeld's did offer to sell me and Mike Reinert each half at a price of $130,000.00 each. Should this property get rezoned to R-4 we are compounding an already existing hodge podge cluster. As a neighborhood we plead with you today to reexamine the request and be fair to both parties. The selling party has to rethink how they are marketing and how they can enhance the sale of the lot... Regards, Carol M.Maas 3095 Nightengale Lane Dubuque, Iowa 52003 Cell: 563-543-1901 — cmaas309@gmail.com Page 371 of 386 Adrienne Breitfelder From: Clark Payne <cpayne3503@aol.com> Sent: Thursday, April 3, 2025 3:01 PM To: Adrienne Breitfelder Subject: Rezoning Request of Merfeld Property Caution! This message was sent from outside your organization. Never give your login Allow sender I Block sender information and password over email! Report Adrienne Breitfelder Dubuque City Clerk Dubuque, IA Thank you for forwarding my email to our City Council Members. Clark K. Payne Agenda Item: Second reading of Merfeld Zoning Request change of property 405 & 575 on Cedar Cross Road. Date: Monday, April 07, 2025 Request: Denial of Merfeld zoning request change from R-1 to R-4. I am a member of the Turnberry Homeowners Association. We represent 52 units of condominiums located on Woodland Ridge and Starlite Drive. Our property is located north of the Merfeld property, and we have been notified by the Dubuque Zoning Advisory Commision of this request to change zoning. I emailed the Zoning Advisory Commision in March making known my concerns of added traffic and noise on our underdeveloped Cedar Cross Road if Merfeld's zoning request was approved. I Page 372 of 386 I recently obtained a copy of the Project Site Concept No.23101for this property. This 1 /60th scale drawing puts the three buildings in a very tight position to both each other and to current adjoining properties. There is very limited room on this property for adequate common ground for children playing and animal exercising. There is also a parking lot problem. Under average normal occupancy of two or more residents per apartment (32) and automobile accommodation of two vehicles per unit plus guest parking, the three parking lots proposed would require total slots for 60 to 70 vehicles. The Concept map has about 25-30 total parking slots marked in the three lots and street parking is not shown. We respectfully ask that the Dubuque City Council reconsider the initial vote and deny the Merfeld zoning request. Clark and Sharon Payne 470 Woodland Ridge Dubuque, IA 52003 z Page 373 of 386 STATE OF IOWA SS: DUBUQUE COUNTY CERTIFICATE OF PUBLICATION I, Kathy Goetzinger, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: 03/07/2025 and for which the charge is 29.64 Subscribed to be ore me, a Notary Public in nd for Dubuque County, Iowa, this 7th day of March, 2025 Notary jbc in and for Dubuque Lounty, Iowa. �Pa�ni y� JANET K. PAPE o y Commission Number 199659 ? My Commission Expires lowk 12/11/2025 Ad text CITY OF DUBUQUE, IOWA OFFICIAL NOTICE PUBLIC NOTICE is hereby given that the Dubuque City Council will conduct a public hearing on the 17th day of March, 2025, at 6:30 p.m., in the Historic Federal Building, 350 W. 6th Street, 2nd floor, Dubuque, Iowa, on the following: REZONING 1. Request from Luke and Julie Merfeld, Merfeld Properties, to rezone property at 405 and 575 Cedar Cross Road from R-1 Single -Family Residential to R-4 Multi -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 City Council agenda will be posted the Friday before the meeting and will contain public input options. The agenda can be accessed at https://dubuqueia.portal.civicclerk.com/ or by contacting the City Clerk's Office at 563-589-4100, ctyclerk@cityofdubuque.org. Written comments on the public hearing may be submitted to the City Clerk's Office by email at ctyclerk@cityofdubuque.org or by mail to City Hall, 50 W. 13th St., Dubuque, IA 52001, before the scheduled hearing. The City Council will review all written comments at the time of the hearing. Documents related to the public hearing 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 requiring special assistance should contact the City Clerk's Office 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 3/7