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Request to Rezone Radford RoadCity of Dubuque City Council PUBLIC HEARINGS # 3. Copyrighted May 19, 2025 ITEM TITLE: Request to Rezone Radford Road SUMMARY: Proof of publication on notice of public hearing to consider a 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, and Zoning Advisory Commission recommending approval. ORDINANCE Amending Title 16 Of The Unified Development Code Of The City Of Dubuque Code Of Ordinances By Reclassifying Hereinafter Described Property From PUD Planned Unit Development District With PI Planned Industrial Designation To PUD Planned Unit Development District With PR Planned Residential Designation And Adopting A Conceptual Development Plan SUGGUESTED Receive and File; Motion B; Motion A DISPOSITION: ATTACHMENTS: 1. ZAC Memo to CC 2. Application - Radford Rd REZ - Slavik 3. Conceptual Development Plan - Radford Rd 4. Vicinity Map 5. Picto Imagery 6. Staff Report - Radford Rd PUD 7. PUD Ordinance 8. PUD Ordinance Exhibit A - Conceptual Development Plan - Radford Rd 9. Staff Presentation to City Council PPT Page 758 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 12, 2025 The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 13th Street Dubuque IA 52001 Applicant: Yaroslav (Slavik) Nakonechnyy Location: Radford Road, PIN 1029251016 Description: To rezone property from Planned Unit Development with PI -Planned Industrial designation to Planned Unit Development with PR -Planned Residential designation. 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 Tom Larsen, Buesing & Associates, 1212 Locust Street, spoke on behalf of the applicant. He explained that they are requesting to rezone to a Planned Unit Development with PR - Planned Residential (PUD-PR) in order to construct four 18-plex apartment buildings. He noted there are apartments to the north and that the development would be phased to help with sanitary sewer issues. He noted that stormwater detention would be provided on site. Staff detailed the staff report noting that PUDs require a conceptual development plan, and the proposed plan is for four (4) 18-unit multi -family residential buildings totaling seventy-two (72) units. Staff noted that the plan exceeds the requirement of 1.5 parking spaces per dwelling unit for multi -family residences and that the Iowa DOT considers this portion of Radford Road a local street and that it is adequate for any additional traffic that would be generated. Staff described the past zoning of the property noting that it has been zoned PUD-PI since 1980, and this new PUD would be similar to the apartment complex to the north. He clarified that sidewalks would be required, and the project would add workforce housing to the area. Staff also noted that the subject site would be affected by the currently sanitary sewer capacity challenges that the city is working to actively resolve. Staff stated that the applicant has been made aware of this during the conceptual plan review with the Development Review Team and that the applicant will need to continue working with the City Engineering Department regarding the matter. There was no public input. Service People Integrity Responsibility Innovation Teamwork Page 759 of 950 The Honorable Mayor and City Council Members Page 2 Commissioners discussed the proposal, finding it appropriate. Recommendation By a vote of 4 to 0, the Zoning Advisory Commission recommends that the City Council approve the request. Respectfully submitted, Matt Mulligan, Chairperso Zoning Advisory Com ' ' sion Attachments Service People Integrity Responsibility Innovation Teamwork Page 760 of 950 THE CU_�QbE DB Masterpiece on the Mississippi City of Dubuque Planning Services Department Dubuque, IA 52001-4845 Phone:563-589-4210 Fax. 563-589-4221 plan ningCalcityofdubuque.ora APPLICATION •FORM Zoning Advisory Zoning Board of Development Services Historic Preservation Commission Commission Adiustment ❑ Annexation ❑ Demolition Review ❑ Amended PUD ❑ Conditional Use Permit ❑ Limited Setback Waiver ❑ Historic Revolving Loan ® Rezoning/PUD/ID ❑ Special Exception ❑ Site Plan Simple ❑ Certificate of Economic Non -Viability ❑ Text Amendment ❑ variance ❑ Site Plan Minor ❑ Design Review Certificate of ❑ Simple Subdivision ❑ Appeal ❑ Site Plan Major Appropriateness ❑ Preliminary Plat ❑ Simple Subdivision ❑ Advisory Design Review (Public ❑ Major Final Plat ❑ Temporary Use Permit Projects) ❑ Minor Final Plat ❑ Port of Dubuque/ ❑ Historic Designation ❑ Waiver from Site Chaplain Schmitt Island Design Standards Design Review applicablePlease complete the .. A. Property Information Site Location/Address: Radford Rd. (south of 1690 Radford Rd. and north of 1500 Radford Rd.) Legal Description/Parcel ID#/Subdivision: Existing Zoning: PI Historic District: Lot 1 Dubuque Industrial Center 15th Add. (1029251016) Proposed Zoning: PR Site Area (square feet/acres): 7.656 ac. -andmark: ❑ Yes [9 No B. Describe proposal and reason for application (attach a letter of explanation, if necessary): Rezone to be able to out up apartment complex and parking as shown on the Conceptual Development Plan C. Applicant/Agent Information Name: Yaroslav (Slavik) Nakonech Address: 17248 Castlemaine Lane State: IA Zip:52001 Phone: (563) 564-3603 City: Dubuque Email: nakoconst@gmail.com D. Property Owner(s) Information Name(s): Horsfield Company Inc. (c/o Matt Horsfield) Address: 505 E Main St. State: IA Zip: 52045 Phone: (563) 590-4470 City: Epworth Email: matth@horsfieldinc.com E. Certification: I/we, the undersigned, do hereby certify/acknowledge that: I. Payment does not guarantee approval and fees are nonrefundable; 2. All additional required written and graphic materials are attached; 3. It is the property owner's responsibility to locate property lines and to review the abstract for easements and restrictive covenants; and 4. The information submitted herein is true and correct to the best of my/our knowledge and upon submittal becomes public record. Applicant/Agent: Date: 7 4) f X S Property Owner(s): '�A.� Date: "l Fee $ 914 Ck# ❑CC ❑Cash Received bv' 1 /4� is dit Dated l V' Page 761 of 950 (N87.07'15'E 1092.18') - _a - m z d LLJ o Q U W I � Z 0 N OZ N O > LLJ (N87-28'12"E 64.26') AERIAL PHOTO. W FROM COUNTY GIS , Q Lc) U W N W ` Q Ln Q < Q A6 W W 165.00' 4o.00' 165.00' 18—PLEX XTG ` 18—PLEX o 3 STORY FH ,.,NI'S i I�. a t1`.39- (585'0612"W 179.72' _ 0 3 STORY w RESIDENTIAL w RESIDENTIAL APARTMENTS Zz APARTMENTS �' w cy 7' �w Go2a 7' Q VI N Z N Wow _ NGo U CONCEPTUAL ,��os F - -- -- --- - c '¢ W �- G EQ DEVELOPMENT PLAN X�U I PARKING 4Xl.5) 108 iEIn __ _ ___ LOT 1 w x v c N (18X4XOW a I °i- PARKING SHOWN 134 c `" o DUBUQUE INDUSTRIAL I _ ti 8 _ N w —w= — �s — ds N. CENTER 15TH ADD. SAN V V PN V y AN M M V-V, 4 M , O ��--W—W—W — — — fA CITY OF DUBUQUE, IOWA. M Z v N i 7Detentlon N o1 q g ___ ___ ___ ___ __. ___ _ ea m O N - --- ? I 9 } Q O J `XTG CBI I I d �0� P2B. --- --- --- - - --- --- --- --- -- --- - 0' 15' 30' O C) ? vNi q O CB rs L - --- --- -- - I w oO) STS sar — rs srs — rs Q Ts— b W srs ( ) Y rs —jSTS VS X Q W Z 2 ' Ld �- 4� dQ[Om ^ U J N 0 WI !n 18—PLEX w 18—PLEX " 3 STORY W 3 STORY o — F RESIDENTIAL W ~y O\ RESIDENTIAL w APARTMENTS APARTMENTS + + 165.00' » 115.81' 165.00' /y V 40.00' I ` Z 0 '00"W 93.28') / J J R2e• I �ti j (S82 31 \' O\v Q ~ G N &SAN-SAN �SPN-SAN-S N-SAN-SPN -SPN� vco srs—sn —srs—s {—sn—srs—VS —srs—srs—E') LZIJ p p \ 1O p Q \ i \ 0_Z2 J O— w ° O J N \ n H w �\ a W pC�' Jm W ate~ p Z LLJ (S88-01'29"W 233.00') — ~ r U IL (N84'45'46"W 194\31')� W F— U O Z J r O �K 2 3 Page 762 of 950 3980 3970 oil 0 4050 4223 r 5035 WO a 14800 4355 5050 de# �• 4455 LVAN 1 M- i7 AMC •� . yMT • •y4�d. , , J rr � Page 764 of 950 REZONING STAFF REPORT Zoning Agenda: May 7, 2025 Property Address: Radford Road Rd (PIN 1029251016) Property Owner: HORSFIELD COMPANY INC Applicant: Yaroslav (Slavik) Nakonechnyy Description: To rezone property from Planned Unit Development with PI - Planned Industrial designation to Planned Unit Development with PR -Planned Residential designation. Proposed Land Use: Residential Existing Land Use: Vacant property Adjacent Land Use: North — Residential East — Industrial South — Industrial West — Agricultural Former Zoning: Pre-1979 — County 1979 — Annexed 1980 — PUD PI Designation 1985 — PUD PI Designation 2022 — PUD PI Designation Total Area: Proposed Zoning: PR Existing Zoning: PI Adjacent Zoning: North — PR East — PI South — PI West — AG/PI 7.68 acres / 334,494 square feet Property History: The subject property was annexed in 1979 and has been zoned for industrial uses since 1980. The most recent modification of the current Planned Industrial district was in 2022 to accommodate development on the neighboring property. It has not been developed to date. Physical Characteristics: The property is comprised of one parcel of approximately 7.5 acres. The property has frontage along Radford Road. The site slopes down approximately 40' from the northwest corner to the southwest corner, for a slope of approximately -6%. The topography of the site does limit the location of development on the site. The property is currently unimproved. Zoning map on the following page. Page 765 of 950 PUD Staff Report — Radford Road Rd (PIN 1029251016) Page 2 01 oo 1/0 '00 �r 00 _ I 00 r. 9 PR i w rP " c r f I a ' PI 7 A Zoning of subject property and surrounding area. Concurrence with Comprehensive Plan: The Comprehensive Plan goals promote infill and multi -family development. 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 served by both city water and sanitary sewer. The water main is Page 766 of 950 PUD Staff Report — Radford Road Rd (PIN 1029251016) Page 3 in the Radford Road right-of-way. The sanitary sewer is located both north and south of the site; however, the city has determined that there is a lack of downstream sewer capacity at this time. The City is actively working to address the capacity issues; however, allowing sanitary sewer flows from the proposed project would not be possible for some time. Consequently, if the property were to be developed prior to the resolution of the capacity concerns, the applicant would need to explore alternative solutions to handle sanitary sewer. The applicant has been made aware of this matter during a conceptual review with the Development Review Team on April 3, 2025 and is aware they should continue to work with the City Engineering Department regarding this matter. Traffic Patterns/Counts: The Iowa Department of Transportation (IDOT) classifies this portion of Radford Road as `Local'. The traffic counts here are from 2017, and they indicate an average annual daily traffic count of 3,920 vehicles. Due to the scale of the project, a traffic analysis will be required to be submitted and reviewed by the City Engineering Department. City Engineering staff utilize State Urban Design and Standards (SUDAS) to mitigate impact on traffic traveling along City streets. The review will be done as part of the Development Review Team and Site Plan Review Process. Per the attached conceptual development plan, the development would provide 132 total parking stalls, which exceeds the 1.5 spaces per unit (108 total spaces) required for multi -family properties. Public Services: Public services are adequate to serve the site regardless of how it may be utilized or developed. Environment: The subject site is an approximately 7.5-acre irregularly shaped lot with frontage along Radford Road. The site is currently unimproved. Due to the topography of the site, development is restricted to a portion of the subject lot. Per the Unified Development Code, the proposed development would be required to provide new trees and shrubs as part of their landscaping plan for the site. Furthermore, the project would be required to undergo a Site Plan review through the development review process prior to any improvements on the property, which would address appropriate site development standards. That process ensures that adequate storm water management measures are implemented during all phases of development. It is not anticipated that the requested rezoning, or the proposed development, would have a negative impact on the environment. Adjacent Properties: The subject property is bordered to the north by multi -family residential uses, to the south and east by Industrial uses, and the west by agricultural uses. This property is on the northernmost portion of the industrial district and would add to the workforce housing in the area and provide additional patrons to west end commercial uses. The project should benefit the area generally. Page 767 of 950 PUD Staff Report — Radford Road Rd (PIN 1029251016) Page 4 CIP Investments: None proposed. Staff Analysis: The applicant proposes to rezone the subject site to Planned Unit Development with a PR -Planned Residential designation in order to construct four (4) multi -family residential buildings totaling 72 units. The development includes an access road, surface parking stalls, a stormwater detention basin, and open space. Planned Unit Developments are intended to encourage flexible and innovative design in the development of appropriate sites and at the same time, reduce to a minimum, the impact of the development on the surrounding neighborhood. The subject property was annexed in 1979 and has been zoned for industrial uses since 1980. The most recent modification of the current Planned Industrial district was in 2022 to accommodate development on the neighboring property. The subject property is vacant. The property is comprised of one parcel of approximately 7.5 acres. The property has frontage along Radford Road. The site slopes down approximately 40' from the northwest corner to the southwest corner, for a slope of approximately -6%. The topography of the site does limit the location of development on the site. The proposed Conceptual Development Plan includes four (4) three-story, multi -family residential buildings each containing 18 units, totaling 72 units in all. The development includes 132 surface stalls, including 8 ADA stalls. This exceeds the UDC requirement for multi -family properties of 1.5 stalls per unit, which equates to 108 stalls in this case. The City's Future Land Use Map identifies the subject site as Parks and Open Space. It should be noted that nearly all vacant properties at the time of adoption of the Future Land Use Map were identified as such. The Comprehensive Plan goals promote infill and multi -family development generally, and the proposed project would address the following: • 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. • The City Council has also identified the construction of new housing as a goal. The subject property is bordered to the north by multi -family residential uses, to the south and east by Industrial uses, and the west by agricultural uses. This property is on the northernmost portion of the industrial district and would add to the amount of workforce housing in the area and provide additional patrons to commercial establishments. The project should benefit the area generally. Page 768 of 950 PUD Staff Report — Radford Road Rd (PIN 1029251016) Page 5 The Iowa Department of Transportation (IDOT) classifies this portion of Radford Road as `Local'. The traffic counts here are from 2017, and they indicate an average annual daily traffic count of 3,920 vehicles. Due to the scale of the project, a traffic analysis will be required to be submitted and reviewed by the City Engineering Department. City Engineering staff utilize State Urban Design and Standards (SUDAS) to mitigate impact on traffic traveling along City streets. The area is served by both city water and sanitary sewer. The water main is in the Radford Road right-of-way. The sanitary sewer is located both north and south of the site; however, the city has determined that there is a lack of downstream sewer capacity at this time. The City is actively working to address the capacity issues; however, allowing sanitary sewer flows from the proposed project would not be possible for some time. Consequently, if the property were to be developed prior to the resolution of the capacity concerns, the applicant would need to explore alternative solutions to handle sanitary sewer. The applicant has been made aware of this matter during a conceptual review with the Development Review Team on April 3, 2025 and is aware they should continue to work with the City Engineering Department regarding this matter. Review will be done as part of the Development Review Team and Site Plan Review Process. Prior to any development taking place on the property, the applicant would be required to obtain an approved Site Plan through the development review process. Site plans are reviewed by all relevant City departments regarding development standards such as access, parking, screening, paving, stormwater management, water connections, sanitary sewer capacity and connection, and fire safety. Potential effects on the environment would be reviewed and mitigated through appropriate site design and development. The applicant would also be required to obtain the necessary permits through the Inspection & Construction Services Department prior to any work commencing on the property. If approved, the development would be bound by the proposed Conceptual Plan. Staff recommend the Zoning Advisory Commission review the criteria established in Chapter 9 of the Unified Development Code regarding granting a rezoning and make a recommendation to City Council. Prepared by __/_Reviewed by: Date: 5/01/2025 Page 769 of 950 Prepared by: Wally Wernimont, City Planner Address: City Hall - 50 W. 13th Street Telephone: 589-4210 Return to: Adrienne Breitfelder, City Clerk Address: City Hall- 50 W. 13th Street Telephone: 589-4121 ORDINANCE NO. 18 - 25 AN ORDINANCE AMENDING TITLE 16 OF THE UNIFIED DEVELOPMENT CODE OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY FROM PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH PI PLANNED INDUSTRIAL DESIGNATION TO PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH PR PLANNED RESIDENTIAL DESIGNATION AND ADOPTING A CONCEPTUAL DEVELOPMENT PLAN NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the Unified Development Code of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter -described property from PUD Planned Unit Development District with a PI Planned Industrial Designation to PUD Planned Unit Development District with a PR Planned Residential District designation, and adopting a conceptual development plan, a copy of which is attached to and made a part hereof, is hereby adopted and approved for the following described property, to wit: Lot 1 Dubuque Industrial Center 15th Addition, all in the City of Dubuque, Iowa, according to the respective recorded Plats thereof. A. Use Regulations. The following regulations shall apply to all uses made of land in the above -described PR Planned Residential District: 1. Principal permitted uses shall be limited to four (4) three-story multi -family residential buildings totaling 72 units. Ordinance No. 18 - 25 Radford Road — 1029251016 PUD Page 2 2. Accessory uses shall include any use customarily incidental and subordinate to the principal use it serves. B. Lot and Bulk Regulations. Development of land in the PR Planned Residential District shall be regulated as follows: 1. Buildings setbacks shall be located in substantial conformance with the approved conceptual development plan. 2. Maximum building height of 50 feet shall be allowed in this Planned Residential District. 3. Unless otherwise indicated, the development of the property in this Planned Residential District shall be regulated by Section 16- 5-5 of the Unified Development Code, R-4 Multi -Family Residential District. C. Performance Standards The development and maintenance of uses in this PR Planned Residential District shall be regulated as follows: 1. Parking Regulations a. Off-street parking shall be a minimum of 1.5 spaces per unit. b. All vehicle -related features shall be surfaced with either asphalt or concrete. c. Curbing and proper surface drainage of storm water shall be provided. d. All parking and loading spaces shall be delineated on the surfacing material by painted stripes or other permanent means. e. The size and design of parking spaces shall be governed by applicable provisions of the Unified Development Code Section 13-3 Site Development Regulations. The location and quantity of parking spaces shall be governed by the Conceptual Development Plan. f. The number, size, design, and location of parking spaces designated for persons with disabilities shall be according to Ordinance No. 18 - 25 Radford Road — 1029251016 PUD Page 3 the local, state, or federal requirements in effect at the time of development. 2. Site Lighting a. Exterior illumination of site features shall be limited to the illumination of the following: i. Parking areas, driveways, and loading facilities. ii. Pedestrian walkway surfaces and entrances to building. iii. Building exterior. b. Location and Design i. No light source shall provide illumination onto adjacent lots, buildings, or streets in excess of 1.0-foot candle. ii. All exterior lighting luminaries shall be designed and installed to shield light from the luminaries at angles above 72-degrees from vertical. iii. Fixtures mounted on a building shall not be positioned higher than the roofline of the building. iv. All electrical service lines to posts and fixtures shall be underground and concealed inside the posts. 3. Landscaping Landscaping shall be provided in compliance with Section 13-4 Landscaping and Screening Requirements of the Unified Development Code. 4. Storm Water Management The developer shall be responsible for providing surface or subsurface conveyance(s) of storm water from the lot to existing storm sewers or to flow line of open drainageways outside the lot in a means that is satisfactory to the Engineering Department of the City of Dubuque. Other applicable regulations enforced by the City of Dubuque relative to storm water management and drainage shall apply. Ordinance No. 18 - 25 Page 4 Radford Road—1029251016 PUD 5. Exterior Trash Collection Areas a. The storage of trash and debris shall be limited to that produced by the principal permitted use and accessory uses on the lot. b. All exterior trash collection areas and the material contained therein shall be visually screened from view. The screening shall be completely opaque fence, wall, or other feature not exceeding a height of 10 feet measured from the ground level outside the line of the screen. Exposed materials used to construct the opaque screen shall be similar in appearance to materials used for exterior building walls. All exterior entrances to a screened trash area shall be provided with a gate or door of similar design to that of the screen. If a 10-foot height screen fails to shield the exterior trash collection area from view from the adjacent public right-of-way and neighboring properties, evergreen plantings may be required in addition to the screening. Evergreen plant material shall be selected and designed so that they screen the area from all off -site visibility within five (5) years. 6. Open Space Open space and landscaping in the PR Planned Residential District shall be regulated as follows. Those areas not designated on the conceptual development plan shall be maintained as open space, as defined Article 13 of the Unified Development Code of the City of Dubuque, Iowa, by the property owner and/or association. 7. Platting Subdivision plats and improvement plans shall be submitted in accordance with Article 11 Land Subdivision, of the City of Dubuque Unified Development Code. 8. Site Plans Final site development plans shall be submitted in accordance with Article 12 Site Plans and Article 13 Site Design Standards prior to construction of each building and vehicle -related feature unless otherwise exempted by Article 12. D. Sign Regulations Signs in the Planned Residential District shall be regulated in accordance with the R-4 Multi -Family Residential Zoning District Ordinance No. 18 - 25 Radford Road — 1029251016 PUD Page 5 sign regulations, Section 16-15-11.1 of the Unified Development Code. 2. Variance requests from sign requirements for size, number, and height shall be reviewed by the Zoning Board of Adjustment in accordance with Section 16-8-6 of the Unified Development Code. E. Other Codes and Regulations Service Lines. All electric, telephone, cable, or other similar utility lines serving the building and other site features shall be located underground. 2. The use of semi -trailers and shipping containers for storage is prohibited. 3. These regulations do not relieve the owner from other applicable city, county, state, or federal codes, regulations, laws, and other controls relative to the planning, construction, operation and management of property within the City of Dubuque. F. Transfer of Ownership Transfer of ownership or lease of property in this PR Planned Residential District shall include the transfer or lease agreement a provision that the purchaser or lessee acknowledges awareness of the conditions authorizing the establishment of the district. G. Modifications Any modifications of this Ordinance must be approved by the City Council in accordance with zoning reclassification proceedings of Article 9-5 of the Unified Development Code. H. Occupancy Permits No occupancy permit shall be issued by the City of Dubuque for property included in the subject planned unit development district until full compliance with this ordinance has been achieved. Recording A copy of this ordinance shall be recorded at the expense of the property owner(s) with the Dubuque County Recorder a permanent record of the conditions accepted as part of this reclassification approval within thirty (30) days after the adoption of this ordinance. This ordinance shall be binding upon the undersigned and his/her heirs, successors, and assigns. Ordinance No. 18 - 25 Radford Road — 1029251016 PUD Page 6 Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. The foregoing amendment shall take effect upon publication, as provided by law. Passed, approved, and adopted this 19t" day of May 2025. Attest: Adrienne Breitfelder, City Clerk Doc ID: 011360820008 Type: GEN Kind: ORDINANCE Recorded: 05/23/2025 at 02:16:59 PN Fee Amt: $42.00 Paqe 1 of 8 Dubuque CountV Iowa Karol Kennedy Recorder File2025-00005284 Prepared by: Wally Wernimont, City Planner Address: City Hall - 50 W. 13th Street Telephone: 589-4210 Return to: Adrienne Breitfelder, City Clerk Address: City Hall- 50 W. 13th Street Telephone: 589-4121 ORDINANCE NO. 18 - 25 AN ORDINANCE AMENDING TITLE 16 OF THE UNIFIED DEVELOPMENT CODE OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY FROM PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH PI PLANNED INDUSTRIAL DESIGNATION TO PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH PR PLANNED RESIDENTIAL DESIGNATION AND ADOPTING A CONCEPTUAL DEVELOPMENT PLAN NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the Unified Development Code of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter -described property from PUD Planned Unit Development District with a PI Planned Industrial Designation to PUD Planned Unit Development District with a PR Planned Residential District designation, and adopting a conceptual development plan, a copy of which is attached to and made a part hereof, is hereby adopted and approved for the following described property, to wit: Lot 1 Dubuque Industrial Center 15th Addition, all in the City of Dubuque, Iowa, according to the respective recorded Plats thereof. A. Use Regulations. The following regulations shall apply to all uses made of land in the above -described PR Planned Residential District: Principal permitted uses shall be limited to four (4) three-story mufti -family residential buildings totaling 72 units. L200 ® CA;b�-j P Ordinance No. 18 - 25 Radford Road — 1029251016 PUD Page 2 2. Accessory uses shall include any use customarily incidental and subordinate to the principal use it serves. B. Lot and Bulk Regulations. Development of land in the PR Planned Residential District shall be regulated as follows: 1. Buildings setbacks shall be located in substantial conformance with the approved conceptual development plan. 2. Maximum building height of 50 feet shall be allowed in this Planned Residential District. 3. Unless otherwise indicated, the development of the property in this Planned Residential District shall be regulated by Section 16- 5-5 of the Unified Development Code, R-4 Multi -Family Residential District. C. Performance Standards The development and maintenance of uses in this PR Planned Residential District shall be regulated as follows: 1. Parking Regulations a. Off-street parking shall be a minimum of 1.5 spaces per unit. b. All vehicle -related features shall be surfaced with either asphalt or concrete. c. Curbing and proper surface drainage of storm water shall be provided. d. All parking and loading spaces shall be delineated on the surfacing material by painted stripes or other permanent means. e. The size and design of parking spaces shall be governed by applicable provisions of the Unified Development Code Section 13-3 Site Development Regulations. The location and quantity of parking spaces shall be governed by the Conceptual Development Plan. f. The number, size, design, and location of parking spaces designated for persons with disabilities shall be according to Ordinance No. 18 - 25 Radford Road — 1029251016 PUD Page 3 the local, state, or federal requirements in effect at the time of development. 2. Site Lighting a. Exterior illumination of site features shall be limited to the illumination of the following: i. Parking areas, driveways, and loading facilities. ii. Pedestrian walkway surfaces and entrances to building. iii. Building exterior. b. Location and Design i. No light source shall provide illumination onto adjacent lots, buildings, or streets in excess of 1.0-foot candle. ii. All exterior lighting luminaries shall be designed and installed to shield light from the luminaries at angles above 72-degrees from vertical. iii. Fixtures mounted on a building shall not be positioned higher than the roofline of the building. iv. All electrical service lines to posts and fixtures shall be underground and concealed inside the posts. 3. Landscaping Landscaping shall be provided in compliance with Section 13-4 Landscaping and Screening Requirements of the Unified Development Code. 4. Storm Water Management The developer shall be responsible for providing surface or subsurface conveyance(s) of storm water from the lot to existing storm sewers or to flow line of open drainageways outside the lot in a means that is satisfactory to the Engineering Department of the City of Dubuque. Other applicable regulations enforced by the City of Dubuque relative to storm water management and drainage shall apply. Ordinance No. 18 - 25 Radford Road—1029251016 PUD 5. Exterior Trash Collection Areas Page 4 a. The storage of trash and debris shall be limited to that produced by the principal permitted use and accessory uses on the lot. b. All exterior trash collection areas and the material contained therein shall be visually screened from view. The screening shall be completely opaque fence, wall, or other feature not exceeding a height of 10 feet measured from the ground level outside the line of the screen. Exposed materials used to construct the opaque screen shall be similar in appearance to materials used for exterior building walls. All exterior entrances to a screened trash area shall be provided with a gate or door of similar design to that of the screen. If a 10-foot height screen fails to shield the exterior trash collection area from view from the adjacent public right-of-way and neighboring properties, evergreen plantings may be required in addition to the screening. Evergreen plant material shall be selected and designed so that they screen the area from all off -site visibility within five (5) years. 6. Open Space Open space and landscaping in the PR Planned Residential District shall be regulated as follows. Those areas not designated on the conceptual development plan shall be maintained as open space, as defined Article 13 of the Unified Development Code of the City of Dubuque, Iowa, by the property owner and/or association. 7. Platting Subdivision plats and improvement plans shall be submitted in accordance with Article 11 Land Subdivision, of the City of Dubuque Unified Development Code. 8. Site Plans Final site development plans shall be submitted in accordance with Article 12 Site Plans and Article 13 Site Design Standards prior to construction of each building and vehicle -related feature unless otherwise exempted by Article 12. D. Sign Regulations Signs in the Planned Residential District shall be regulated in accordance with the R-4 Multi -Family Residential Zoning District Ordinance No. 18 - 25 Radford Road—1029251016 PUD Page 5 sign regulations, Section 16-15-11.1 of the Unified Development Code, 2. Variance requests from sign requirements for size, number, and height shall be reviewed by the Zoning Board of Adjustment in accordance with Section 16-8-6 of the Unified Development Code. E. Other Codes and Regulations Service Lines. All electric, telephone, cable, or other similar utility lines serving the building and other site features shall be located underground. 2. The use of semi -trailers and shipping containers for storage is prohibited. 3. These regulations do not relieve the owner from other applicable city, county, state, or federal codes, regulations, laws, and other controls relative to the planning, construction, operation and management of property within the City of Dubuque. F. Transfer of Ownership Transfer of ownership or lease of property in this PR Planned Residential District shall include the transfer or lease agreement a provision that the purchaser or lessee acknowledges awareness of the conditions authorizing the establishment of the district. G. Modifications Any modifications of this Ordinance must be approved by the City Council in accordance with zoning reclassification proceedings of Article 9-5 of the Unified Development Code. H. Occupancy Permits No occupancy permit shall be issued by the City of Dubuque for property included in the subject planned unit development district until full compliance with this ordinance has been achieved. Recording A copy of this ordinance shall be recorded at the expense of the property owner(s) with the Dubuque County Recorder a permanent record of the conditions accepted as part of this reclassification approval within thirty (30) days after the adoption of this ordinance. This ordinance shall be binding upon the undersigned and his/her heirs, successors, and assigns. Ordinance No. 18 - 25 Radford Road — 1029251016 PUD Page 6 Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. The foregoing amendment shall take effect upon publication, as provided by law. Passed, approved, and adopted this 191h day of May 2025. Attest: Adrienne Breitfelder, City Clerk 17V]S Hve ]]S ]�V ]S sz/sl/v ]iva cram StlO1SnN/IS ONY SN99N/JY,x p ']NI $31V17a55V JNlS3n� :ooze vi '3nonBna 3NYl NIYN119tLL1 AANHJ3NON- YN NIAtl�S eo3 a..Ye3ee 4OV H1Sl 2131N30 -IviaisnaN) 3nbnena L .Lo] NV�d 1N3WdOl3A30 IVn1d33N0O M N A£1 HJ -ldl ]dl Ae vmvaa svoisin]a cvose oe 1J3road 3u, s.: Q g.. CLZ�u) .� �WD �Z1A� OO F �cWia-iW�� :q U JO C33 O �Z> W m LLI y 9 p a 8 ±Sb: S E I X& � i U UO (90 IZeI� I I E e9.v' i I I i B x S P.6 e b � � � e� I -M-r-_ • 1�-r�-r-1� -lE •` �� SCSS 4F . N �e �g� �d � e � E � "e I ' a• I � I rosy weY s j n• xs xY Duly W \ V N 19 714 ..�- . Q Q Y� x,a 0 133tlli -w 0 sect-ese ces ]NOHd looze v/Aol 3nonana 133xus lsnoo3 zlz, ss3Naav S31VIOOSSV I? aNls3ne AG a38v638d CERTIFICATE of the CITY CLERK STATE OF IOWA SS: COUNTY OF DUBUQUE ) I, Adrienne N. Breitfelder, City Clerk, do hereby certify that I am the duly appointed, qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached Ordinance No.18-25 is a true and correct copy of the original. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa, on this 23rd day of May 2025. Adrienne N. Breitfelder, City Clerk (N87.07'15'E 1092.18') - _a - m z d LLJ o Q U W I � Z 0 N OZ N O > LLJ (N87-28'12"E 64.26') AERIAL PHOTO. 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Masterpiece on 11w Mississippi zoo*:2017.o2019'l:•�ol' Vicinity Map Applicant: Yaroslav (Slavik) Nakonechnyy Location: Radford Road, PIN 1029251016 Type: Rezoning Description: To rezone property from Planned Uni Development with PI -Planned Industrial designation to Planned Unit Development with PR Planned Residential designation. ... Subject Property City Limits 0 300 600 1.2010 N Ferl / . Page 778 of 950 29 N Subject Property Properties Notified O200-Foot Notification Boundary r a N1 L+ -JVW4155 A135412.1=411.'1 4'101 • FENNSYUV, NIIA AVE R xp p WESTMARK'OR + • 4025 r _ t M % •' •� �, fi 4rS7 im Mill 1� 400 4050' T' 4343 4300 1500 C Y I � W w z 1450 - 4 oA = O U 454 `• 14 00 11 4555 F TU R - T _ .4 1 1 ...--._ 4'4� �. •� Project Site • Property & Zoninv History: ■ Pre-1979 — County ■ 1980—PUD—PI ■ 2022 — Current PUD - PI • Project Site- ■ —7.5 acres —currently undeveloped. ■ Frontage along Radford Road ■ Sloping topography from NW corner to SE corner (-6% slope). • Adjacent Land Use: ■ North — Residential ■ East — Industrial ■ South — Industrial ■ West — Agricultural Lim hrr-ee'� Yc s� aid ^nos RESIDENTIAL APARTYEN TS PA tM: AM -,as (tlx�fn,61 ►ANtNC SW�M�1J� 4� 3 STORY RESIDENTIAL APARTMENTS 18-KEX 3 STORY RESDENTUL APARTMENTS DMwtlM A� Impact of Request on: ■ Utilities ■ The area is served by both city water and sanitary sewer. The water main is in the Radford Road right-of-way. The sanitary sewer is located both north and south of the site. As noted in the staff report, the developer has been informed of the timing sanitary sewer improvements. ■ Public Services: ■ Public Services are adequate to serve the project. ■ Environment: ■ Property is currently unimproved. ■ Site Plan review would be required by the City's Development Review Team (DRT) which would include stormwater management, erosion and sediment (ESC) control permit and a stormwater pollution prevention plan (SWPPP). ■ Planting of trees, shrubs, landscaping buffer yard and landscaping islands are also required as part of the site plan review process. ■ Traffic Patterns/Counts: ■ 132 proposed parking spaces on site (exceed 1.5 space/unit requirement (108)) ■ This portion of Radford Road (Local Street) — 3,920 AADT count (2017) ■ A traffic impact analysis will be required as part of the Development Review and Site Plan Review Process. It will be reviewed by the Engineering Department. ■ Comprehensive Plan Recommendations: ■ Encourage a mix of housing affordable for all segments of population. ■ Encourage new multi -family residential development in proximity to jobs. Public Input ■ No public input has been received. ■ All property owners within 200 feet of the property were notified of the rezoning. Zoning Advisory Commission Recommendation By a vote of 4 to 0, the Commission recommends that the City Council approve the rezoning. A simple majority vote is needed for City Council to approve the rezoning of the property. QUESTIONS? 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