Loading...
Request to Rezone 405-575 Cedar Cross RoadCity of Dubuque City Council PUBLIC HEARINGS # 2. Copyrighted May 19, 2025 ITEM TITLE: Request to Rezone 405-575 Cedar Cross Road SUMMARY: Proof of publication on notice of public hearing to consider 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-3 Moderate Density 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-3 Moderate Density Multi -Family Residential District SUGGUESTED Receive and File; Motion B; Motion A DISPOSITION: ATTACHMENTS: 1. ZAC Memo to CC_405-575 Cedar Cross Rd R-3 2. Staff Memo - Remanded 405 575 Cedar Cross 3. Application - 405 and 575 Cedar Cross Rd R-3 4. Vicinity Map - 405 and 575 Cedar Cross Rd 5. Notification Map - 405 and 575 Cedar Cross Road 6. Carol Maas - Public Input - Cedar Cross ZAC May 7 REZ 7. R-1 SFR Zoning District 8. R-3 Moderate MFR Zoning District 9. Ordinance 405 575 Cedar Cross Rd 10. Staff Report - 405_575 Cedar Cross Rd 11. Public Input - Carol Maas 12. Public Input - Sheila Trapp 13. Public Input _Clark+Sharon Payne 14. CC PwPT - 405 575 Cedar Cross Rd REZ 5.19.25 15. Public Input —Uploaded 5.19.25 Page 719 of 950 Planning Services Department Dubuque City Hall THE COF 50 West 13rh Street;�!!�, Dubuque, IA 52001-4864 DUtB� �(563) I 589-4210 phone 111L', (563) 589-4221 fax 563 690-6678 TDD ( > Masterpiece on the Mississippi 2007-2012.2013 2017*2019 planning@cityofdubuque.org May 13, 2025 The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 131" Street Dubuque IA 52001 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-3 Moderate Density 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 Luke Merfeld, 10713 Cottingham Road, spoke on behalf of his application. He explained they are now trying to rezone to R-3 after City Council sent their request for R-4 back down to the Commission. Mr. Merfeld stated that the goal is to sell the property and that they desire compatible development on the site. Mike Reinert, 401 Cedar Cross Road, expressed opposition, saying that he thought R-2 would be better. He said that R-3 zoning would bring intrusions, noise, and other negative attributes in this R-1 area. He wondered if the sanitary sewer system had capacity for this development. Carol Maas, 3095 Nightengale Lane, asked the Commission to consider potential impacts for adjacent homeowners. She asked if neighbors will be notified of development plans for the property. Associate Planner Moon stated that she would address that question during the staff report. Ms. Maas stated that the other businesses on the street are good neighbors, and she wants something that fits in. Staff detailed the staff report and provided background regarding City Council remanding the R-4 rezoning request back to Commission to consider R-3 zoning. Staff reviewed characteristics of the subject property and the vicinity, and provided a summary of the permitted uses of the R-3 zone compared that to both the R-1 zone, R-1, and R-4 zones, noting that R-3 allows up to a maximum of six (6) units to be developed on a parcel provided any development would adhere to the bulk regulations established in the zoning district. Staff stated that the rezoning request provides for the public input process and that the development review process does not require public notification or allow for public Service People Integrity Responsibility Innovation Teamwork Page 720 of 950 The Honorable Mayor and City Council Members Page 2 input. Staff noted that development proposing more than two residential units would require review by the city's Development Review Team and during that process the project would be evaluated to ensure it is complying with all site development requirements as well as other applicable city codes. Staff noted that water and sanitary sewer are available near the property and that the City would evaluate any proposed project to ensure there is adequate sanitary sewer capacity. Staff summarized how the proposed rezoning would be in concurrence with some Comprehensive Plan recommendations. She summarized the public input received including a letter from Carol Maas and a phone call from a neighbor, Sandy Ronek, who expressed concerns primarily with the potential traffic impacts. The Commission discussed the request and questioned the density that could be constructed on each lot. Staff confirmed that both properties, 405 and 575 Cedar Cross Road, would allow for up to six units, provided other bulk regulations including setbacks, lot coverage, and height where met, as well as the required parking is provided. The Commission asked about the bulk regulations in the R-2 and R-4 zoning districts and staff detailed the requirements in each of those districts. The Commission sought clarification regarding a previous rezoning request for commercial uses and staff stated that a previous request to rezone the properties to CS Commercial Service. Staff confirmed that there was a previous request to rezone three lots to CS and ultimately only the property at 595 Cedar Cross Road was rezoned. Recommendation By a vote of 4 to 0, 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-3 Moderate Density Multi -Family Residential. A simple majority vote is needed for the City Council to approve the request. Respectfully submitted, Matthew Mulligan Zoning Advisory Commission Attachments Service People Integrity Responsibility Innovation Teamwork Page 721 of 950 THE CITY OF DuB TE Masterpiece on the Mississippi TO: Zoning Advisory Commission FROM: Shena Moon, Associate Planner DATE: May 1, 2025 Dubuque All -America City 2007•2012.2013 2017*2019 SUBJECT- To rezone property from R-1 Single -Family Residential to R-3 Moderate Density Multi -Family Residential zoning district. INTRODUCTION This memo provides an update on the rezoning request for the properties located at 405 and 575 Cedar Cross Road and outlines the further action requested by the City Council. DISCUSSION The applicants, Luke and Julie Merfeld initially submitted a request to rezone the properties at 405 and 575 Cedar Cross road from R-1 Single -Family Residential to R-4 Multiple -Family Residential. This request came before the Zoning Advisory Commission (ZAC) on March 5, 2025. At the meeting, the ZAC reviewed the request, heard public input, deliberated the request, and made recommendation to the City Council to approve the request. The request initially went before the City Council on March 17, 2025. At that meeting, the Council voted 4-3 to approve the rezoning; however, the rezoning was again considered by the Council for a second reading on April 7, 2025. At that meeting, the Council heard public input, discussed infrastructure concerns, and considered the potential neighborhood impacts of potential density of development allowed in the requested R-4 zoning district. In light of these considerations, the Council has remanded the request back to the Zoning Advisory Commission with the recommendation to evaluate the appropriateness of alternatively rezoning the properties to R-3 Moderate Density Multiple - Family Residential. STAFF ANALYSIS: To rezone property from R-1 Single -Family Residential to R-3 Moderate Density 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 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. Page 722 of 950 Staff Memo: 405 and 575 Cedar Cross Road — Rezoning Request 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-3 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-3 zoning districts. The highlighted items are permitted in both zoning districts. The R-3 zoning district would allow for multi -family dwellings (6 units maximum), townhouses (6 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-3 codes sections are attached. Principal Permitted Uses R-1 Zoning District R-3 Zoning District Single-family detached dwelling Single-family detached dwelling Cemetery, mausoleum, columbarium Multi -family dwelling (maximum 6 dwelling units Community gardens Townhouse maximum 6 dwelling units 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 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 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. 1 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. 2 Page 723 of 950 Staff Memo: 405 and 575 Cedar Cross Road — Rezoning Request Impact of Request on: Utilities: Mains for city water are located in the Cedar Cross Road and Nightengale Lane rights -of -way. A main for sanitary sewer is located in the Cedar Cross Road right-of-way. The area can adequately be served by city water, however; the subject properties are located within an area of the city that may be impacted by the current sanitary sewer capacities downstream from the site. While the city is actively working to address capacity concerns, it should be noted that any proposed project would need to be evaluated to determine when connecting to sanitary sewer would be possible. 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 may also allow for higher density residential beyond single-family. 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. 9 Page 724 of 950 Staff Memo: 405 and 575 Cedar Cross Road — Rezoning Request 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. Public Input: Public input letters attached to this memo were provided for the previous request to rezone the property to R-4 Multiple -Family Residential. Any new public input will be provided under separate cover. RECOMMENDATION 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. Attachments Il Page 725 of 950 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): 4 0 LA'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 726 of 950 -pow,,... . 12805 12801 II I' \ 12612-" 0A3300 II II 305 210 i 150 l �So �r 3366' � 365 3376 ' ; 380 3386 396 3367 33873377 �~ ' 4 9 _ _ - 459 448 STpR�ITE UR 469 Y 437 427 3271 458 436 3261325,1 3221 ���e 475 .. eas 457 c~i 455. 445.�.327,1 3170 3200 AG ►, 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 May 4, 2025 Mr. Mulligan & Zoning Members RE: Merfeld Rezoning Request Carol M. Maas 3095 Nightengale Lane Dubuque, IA 52003 When we first gathered together for the Merfeld Rezoning Issue, I felt it was pushed along with no thought given to the neighborhood. Since then I have been educated and versed on the "who's who" group of people. I will be at the meeting on Wednesday, May 71" not to oppose this change but to remind the commission that there are established homeowners in this area. I would rather see it zoned as R-2. Zoning guidelines are in place to protect the homeowners as well as developers. I feel the need to protect my property value not only now but for the generations that will follow me. Protecting the environment and green space are another concern. If you are not familiar with the layout of this area I urge you to see it for yourself. The City Council listened to us, some came to see it and they were genuinely concerned. I have said this before and I will say it again "it will be comparable to putting a little village inside a residential area." If properly marketed the plot would make a secluded and private option for a "forever" home. I offered to purchase the lot between me and the Denlinger Office building however the asking price is not attainable for me. I understand that sewer and water would be about 3-4 years out for this property. I have been waiting for city sewage for 46 years since we were annexed in 1979. As a developer, contractor or planner may be I ask you please give the homeowners consideration. Thank you for what you do for the city and its citizens. Kindest Regards, U,&V//ffAIM cmaas309@gmail.com 563-543-1901 Page 729 of 950 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 730 of480 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 731 of MO 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 732 ofW80 1»oo/downwao vi ^ � � . h eA.-, a h h; 1boo�own|oad ��o '^,~ '`^p~~~'~'g^ ^~~~r`^p~~~y~`~~^^`'~`'~—~`~-~^'`~~~~~'~''` `~~ Page 733of�^" 5/2/25, 8:44 AM https://export.amlegal.com/api/export-requests/9090df2c-ff9a-4946-aaff-2d1ee59231f9/download/ 16-5-5: R-3 MODERATE DENSITY MULTI -FAMILY RESIDENTIAL: The R-3 district is intended to provide locations for a variety of dwelling types ranging from single-family to low rise multi -family dwellings. The R-3 district also serves as a transition between residential and nonresidential districts. (Ord. 52-09, 10-19-2009) 16-5-5-1: PRINCIPAL PERMITTED USES: The following uses are permitted in the R-3 district: Cemetery, mausoleum, or columbarium. Community gardens. Golf course. Maternity group home. Multi -family dwelling (maximum 6 dwelling units). 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 (maximum 6 dwelling units). 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) 16-5-5-2: CONDITIONAL USES: The following conditional uses may be permitted in the R-3 district, subject to the provisions of section 16-8-5 of this title: Accessory dwelling unit. Bed and breakfast home. Group home. Hospice. Housing for the elderly or persons with disabilities. Individual zero lot line detached dwelling. Licensed adult day services. Licensed childcare center. Mortuary, funeral home, or crematorium. Nursing or convalescent home. Off premises residential garage. Off street parking. Rooming or boarding house. Tour home. Tourist home. Wind energy conversion system. (Ord. 52-09, 10-19-2009; Ord. 20-22, 5-20-2022) 16-5-5-3: 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) https://export.amIegal.com/api/export-requests/9090df2c-ff9a-4946-aaff-2d1ee59231f9/download/ Page 734 of 4k 5/2/25, 8:44 AM https:Hexport.amlegal.com/api/export-requests/9090df2c-ff9a-4946-aaff-2d1ee59231f9/download/ 16-5-5-4: 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) 16-5-5-5: 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) 16-5-5-6: SIGNS: Signs shall be regulated in conformance with the provisions of chapter 15 of this title. (Ord. 52-09, 10-19-2009) 16-5-5-7: BULK REGULATIONS: Minimum Maximum Setbacks Front Minimum Minimum R-3 Residential Minimum Lot Area Lot Lot Coverage Maximum Height Minimum2 Maximum Frontage (Lot Area) Side Rear Minimum Maximum Setbacks Front Minimum Minimum R-3 Residential Minimum Lot Area Lot Lot Coverage Maximum Height Minimum2 Maximum Frontage g (Lot Area) Side Rear Permitted uses: Multi -family dwelling (6 du 2,000 sq. 50 ft. 40 % 20 ft. - 4 ft. 20 ft. 30 ft. maximum) ft./du 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. 4 ft. 20 ft. 30 ft. dwelling Townhouse (6 du maximum) 1,600 sq. ft./du 16 ft./du 40 % 20 ft. - 4/0 ft. 20/0 ft. 30 ft. 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. Group home 5,000 sq. ft. 50 ft. 40 % 20 ft. - 4 ft. 20 ft. 30 ft. Hospice 5,000 sq. ft. 50 ft. 40 % 20 ft. - 4 ft. 20 ft. 30 ft. Housing for the elderly or 20,000 sq. ft. 100 ft. 40 % 20 ft. - 20 ft. 20 ft. 30 ft. disabled Individual zero lot line 5,000 sq. ft. 50 ft. 40 % 20 ft. 50 ft. 10/0 ft. 20 ft. 30 ft. dwelling Licensed adult day services, 5,000 sq. ft. 50 ft. 40 % 20 ft. - 4 ft. 20 ft. 40 ft. licensed childcare center Mortuary, funeral home or 20,000 sq. ft. 100 ft. 40 % 20 ft. 20 ft. 20 ft. 30 ft. crematorium Nursing or convalescent 20,000 sq. ft. 100 ft. 40 % 20 ft. - 20 ft. 20 ft. 30 ft. home Off premises residential - - - 20 ft. - 4 ft. 6 ft. 15 ft. garage Rooming or boarding house 5,000 sq. ft. 50 ft. 40 % 20 ft. 4 ft. 20 ft. 30 ft. Notes: 1. May be erected to a height not exceeding 75 feet; provided, that such buildings shall provide at least 1 additional foot of yard space on all sides for each additional foot by which such building exceeds the maximum height limit of the district in which it is located. 2. See section 16-3-17 of this title for adjustment of minimum front yard setbacks. https://export.amIegal.com/api/export-requests/9090df2c-ff9a-4946-aaff-2d1ee59231f9/download/ Page 735 of�90 5/2/25, 8:44 AM hftps:Hexport.amlegal.com/api/export-requests/9090df2c-ff9a-4946-aaff-2d1 ee59231f9/download/ (Ord. 52-09, 10-19-2009) hftps:Hexport.amlegal.com/api/export-requests/9090df2c-ff9a-4946-aaff-2d1ee59231f9/download/ Page 736 ofW90 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. 1 V St Telephone: 563-589-4121 ORDINANCE NO. 17 - 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-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 R-1 Single -Family Residential District to R-3 Moderate Density Multi -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 19th day of May, 2025. Attest: Adrienne N. Breitfelder, pity Clerk 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 738 of 950 Staff Report — 405 and 575 Cedar Cross Road Page 2 x,405 & 575 Cedar Cross Rd Request to Rezone to R-4 Subject site 5q5 }01 *�. 5 DUBUQUE *15 W C *+ob *405 9 *595 *3095 0 600 y 0, /. O1 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 Page 739 of 950 Staff Report — 405 and 575 Cedar Cross Road Page 3 sanitary sewer runs in the Cedar Cross Road right-of-way. Traffic Patterns/Counts: The 2017 Iowa Department of Transportation (IDOT) traffic counts indicate an average annual daily traffic count of 9,800 vehicles along this section of Cedar Cross Road which is classified as a minor arterial. Nightengale Lane is classified as a local street and has an average annual daily traffic count of 853 vehicles according to IDOT 2017 traffic counts. Any proposed development on the subject property is anticipated to increase traffic along Cedar Cross Road and Nightengale Lane; however, 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. Page 740 of 950 Staff Report — 405 and 575 Cedar Cross Road Page 4 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 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 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 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 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 Page 741 of 950 Staff Report — 405 and 575 Cedar Cross Road Page 5 development review process known as the Development Review Team (DRT). The DRT is comprised of multiple City Departments including Engineering, Planning, Water Distribution, Fire, Police, Housing & Community Development, and Leisure Services. Development plans are reviewed by all relevant departments regarding access, parking, grading, screening, paving, park land, stormwater management, water connection, sanitary sewer connection, fire safety, and more. Staff does not expect any adverse effects on the environment as any potential impacts should be mitigated through the review processes above. Planning staff recommends that the Zoning Advisory Commission review the information provided and make a recommendation on the proposed rezoning to the City Council in accordance with Chapter 16-9-5 of the Unified Development Code and the criteria established for granting a zoning reclassification. Prepared by: Date: 2/26/2025 townhomes of not more than two units and permitted accessory structures to a single-family dwelling or duplex. Page 742 of 950 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 743 of 950 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 744 of 950 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 745 of 950 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 746 of 950 405 and 575 Cedar Cross Road Request to rezone from R-1 Single -Family Residential to a R-3 Moderate Density Residential zoning district. Staff Presentation to City Council May 19, 2025 INI. CSC 9 CS >: AG. CS J .• Y e!!;fMQ,, 61 s I , - T_- & C-3 R-1 vi C X3,-. PC , f j'PR'� k ,1� C S 57 :.`�` S30 111 S85 - 560 615 4S9 510441 1 � 525 G20 � •.600 / rs x Iw a R-1 � E1� I AG • ter.. . CS Dubuque Tf IF CFTY OF - r DUB E Masterpiece on the Mississippi 2017.2019 10 Vicinity Map 4 Sn 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-3 Moderate Density Multi -Family Residential zoning district. Subject Property City Limits D 2DD 400 goo N Feet A IAOW Pa e 748 of < © 4 , c ( ^: c c c a. 4 � `�405 and 575 Cedar;�Cross-Road -- �-� r=° _►, ', Subject Property .40 Properties Notified O200-Foot Notification Boundary -� WIN, i '• S � vn 4 MW.)vi<Y-0, V)gm � � gm g M. m mg mo e. @ c r � t , �., - OWL Feet 0 125 250 500 S 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: ■ Mains for city water are located in the Cedar Cross Road and Nightengale Lane rights -of -way. A main for sanitary sewer is located in the Cedar Cross Road right-of-way. The area can adequately be served by city water, however; the subject properties are located within an area of the city that may be impacted by the current sanitary sewer capacities downstream from the site. While the city is actively working to address capacity concerns, it should be noted that any proposed project would need to be evaluated to determine when connecting to sanitary sewer would be possible. ■ 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: ■ Plan to improve Cedar Cross Road in fiscal year 2027— right turn lane to Nightengale Ln Principal Permitted Uses R-1 Zoning District R-3 Zoning District Single-family detached dwelling Single-family detached dwelling Cemetery, mausoleum. columbarium Multi -family dwelling (maximum 6 dwelling units Community gardens Townhouse maximum 6 dwelling units 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 ➢ Public Input provided by R-3 Zoning Request: • Carol Mass — 3095 Nightengale Lane • Sandy Ronek (3160 Nightengale Rd) — Called on 5/7/2025 and expressed verbal concerns regarding increased traffic along Nightengale Lane as well as along Cedar Cross Road, especially considering the traffic already along these roadways as a result of the sports fields, adjacent day care use, and existing traffic congestion along Cedar Cross Road. Zoning Advisory Commission Recommendation By a vote of 4 to 0, the Commission recommends that the City Council approve the rezoning of 405 and 575 Cedar Cross from R-1 Single -Family Residential 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? Adrienne Breitfelder From: City of Dubuque <noreply-dubuque@gscend.com> Sent: Monday, May 19, 2025 2:18 PM To: Adrienne Breitfelder Subject: A new Service Request has been created [Request ID #223503] (Contact City Council) - Dubuque, IA Caution! This message was sent from outside your organization. Never give your login Allow sender I Block sender information and password over email! Report Dubuque, IA A new service request has been filed. ID 223503 Date/Time 5/19/2025 2:18 PM Type Contact City Council Address NIGHTENGALE LN, Dubuque Origin Website Comments I will be attending the meeting this evening about the rezoning request from the Merfeld's. I do have several questions. At this point I will not be speaking publicly as I am not prepared. Will the entrance to these properties still be on Cedar Cross Road as it is now? Also I am asking the Merfeld's to please be transparent with the two homeowners involved. Outside of this issue I have questions about the last planning & zoning meeting at which the Merfeld's requested the change. When I looked at the photo on line to watch the meeting (I did attend this meeting) I was taken back by the friendly interaction between Luke & Mr. Mulligan the second time that Mr. Mulligan called Luke for a second series of questions. Their interactions appeared to be consensual In my mind (from what I witnessed) I have to ask "are the concerns of the homeowners really given an serious thought" considering their occupation? Page 756 of 950 Thank you for making time to read my concerns. Regards, Carol M. Maas 3095 Nightengale Lane Dubuque, Iowa 52003 cmaas309@gmail.com 563-543-1901 Submitter Maas, Carol M 3095 Nightengale Lane Dubuque, IA 52003 563-543-1901 cmaas309@gmail.com Dubuque, IA Page 757 of 950 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: 05/09/2025 and for which the charge is 39.90 M 7- Subscribed to be or me, a Notary Public in and for Dubuque County, Iowa, this 9th day of May, 2025 Notary Pic in and for Dubuque' County, Iowa. JANET K. PAPE r Commission N amhfor 10066s My Commiszion L,xpir s _/ow7C-12/11/202t >> '1%14-1A-o1- )2U (9 5 ) N 3-O Ig>�5 C.f7vic�itAx.14 !ed. L.41 1ro'2,5) Ad text : CITY OF DUBUQUE, IOWA OFFICIAL NOTICE PUBLIC NOTICE is hereby given that the Dubuque City Council will conduct public hearings on the 19th day of May, 2025, 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 Luke and Julie Merfeld, Merfeld Properties to rezone property located at 405 and 575 Cedar Cross Road from R-1 Single -Family Residential to R-3 Moderate Density Multi -Family Residential zoning district. 2. Request from Yaroslav (Slavik) Nakonechnyy to rezone property located at Radford Road, PIN 1029251016 from Planned Unit Development with PI Planned Industrial designation to Planned Unit Development with PR -Planned Residential designation. 3. Request from Dubuque Metropolitan Area Solid Waste Agency Kenneth Miller to rezone property located at 101 Airborne Road (PIN 1401400003 and portions of PINs 1401251002 and 1401400002) from AG Agriculture to HI Heavy Industrial 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 5/9