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Request to Rezone Rustic Point #2 - Third ReadingCity of Dubuque City Council ACTION ITEMS # 1. Copyrighted March 16, 2026 ITEM TITLE: Request to Rezone Rustic Point #2 - Third Reading SUMMARY: Third and final reading of a proposed ordinance in response to a request from Brian Riniker to rezone Rustic Point #2 from R-1 Single -Family Residential to R-2 Two -Family Residential to 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 Along Wagon Wheel Lane And Rustic Point Lane Within The Rustic Point Estates Subdivision From R-1 Single -Family Residential To R-2 Two- Family Residential Zoning District SUGGUESTED Receive and File; Motion A DISPOSITION: ATTACHMENTS: 1. ZAC Letter to CC 2. Application 3. Vicinity Map 4. Notification Map 5. Staff Report 6. R1 Zoning 7. R2 Zoning 8. Ordinance 9. Pubic Opposition - Lewis at 4402 Sickle Ln 10. Public Opposition - Pawlowski at 4416 Sickle Ln 11. Public Opposition - Winkelman at 4424 Rustic Point Ln 12. Public Support - Greg Adams 13. Public Input Map 14. CC PPT Presentation Page 622 of 811 Planning Services Department City Hall 50 West 13'h Street Dubuque, IA 52001-4864 (563) 589-4210 phone (563) 589-4221 fax (563) 690-6678 TDD planning@cityofdubuque.org THE CITY OF D u Bi FE Masterpiece on the Mississippi Dubuque IMI-Mmin Ciq 1.11- II 2007-2012-2013 2017*2019 February 6, 2026 The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 13t" Street Dubuque IA 52001 Applicant: Brian Riniker Location: Rustic Point #2 Description: To rezone property from R-1 Single -Family Residential to R-2 Two -Family Residential to zoning district. Dear Mayor and City Council Members: The City of Dubuque Zoning Advisory Commission has reviewed the above -cited request at their meeting on February 4, 2026. The application, staff report, and related materials are attached for your review. Discussion Brian Riniker, 2300 Stone Brook Lane, Eldridge, Iowa spoke for his request. He said they are seeking to rezone seven lots to allow for the option to construct townhomes. He said that in this Rustic Point Estates subdivision 57 lots are zoned R-1 lots and 19 lots are zoned R-2, but there are currently no R-2 zoned lots available for sale or construction. He said the rezoning would create seven lots that could have townhomes, but they may not use all seven utilized for townhomes. He noted that infrastructure limitations and expenses may prevent townhome development, so they are trying to determine feasibility. He said the proposed townhomes would be similar in density and character to existing townhome development in the subdivision. The Commission sought clarification regarding what areas of the subdivision are currently zoned R-1 and R-2, and which lots were under consideration. Mr. Riniker referenced a map of the subdivision and pointed out the existing zoning districts within the subdivision as well as the lots that are requested to be rezoned. Gary Jaeger, 3642 Wagon Wheel Lane, said that he's lived in the neighborhood for three years. He expressed concern about the rezoning because it's a change from what the property owners expected. He said he thinks that single family homes are more attractive to families, and he hopes more young families move into the neighborhood. Mark Link, 3647 Wagon Wheel Lane, expressed concern about additional cars parking on the street, which he said is narrow, making it difficult to travel through, especially when it snows. Service People Integrity Responsibility Innovation Teamwork Page 623 of 811 The Honorable Mayor and City Council Members Page 2 Mr. Riniker thanked the neighbors for sharing their thoughts. He stated he did reach out to the property owners that he believed would be affected by the requested rezoning but did not reach out to the property owners that spoke as they are separated from the subject lots by other properties. He apologized for not connecting with those individuals. He acknowledged that it's more common for townhomes to be owned by older people or single parents, but that in his experience it has been older people, not families, that are seeking out townhomes. He said that the two lots that back up to Kennedy Road may be most appropriate for townhomes since the yards are not great for children. He said he respects that people have made investments in the community. He said he doesn't believe that all seven lots will be developed as townhomes. The Commission asked about the expense of adding additional water and sewer laterals when developing townhomes and questioned whether they would construct the utilities when the homes are built or would they construct them for all lots at one time. Mr. Riniker said that utility laterals have already been installed for single-family development on the subject lots. He noted it would be a large expense to add additional lines for the townhomes, and that any additional laterals would all be done at one time as that would be the most cost-effective approach. Staff detailed the staff report and displayed a zoning map of the subdivision showing the existing zoning districts and the lots proposed to be rezoned R-2. Staff shared the notification map showing property owners within 200' that received public notice. Staff described the characteristics of the neighborhood, stating that R-2 zoning district was established in the neighborhood when it was originally annexed into the city. Staff explained that with this rezoning request, there would be the potential for a total of fourteen townhome units on the seven subject lots, which is seven more units than with R-1 zoning. Staff discussed the code changes made at the state level in 2025 which now allow for lots with a single-family residence to construct an accessory dwelling unit by - right, provided the development standards are met and the required building permits are obtained. Staff explained how this code change now allows for additional density in the R-1 zoning district that would have previously required a conditional use permit to construct. Staff noted the zoning does not regulate the type of ownership for residential units, however subdivision covenants may regulate that. Staff highlighted the three letters of opposition that were submitted by neighbors, and one letter of support was received from realtor Greg Adams. The Commission discussed the state law and how it allows R-1 properties to have two units on a lot. Staff further clarified that while accessory dwelling units would allow for additional density in the R-1 zoning district, they are different from townhome structures in that they do not require separate utility laterals. Townhome units would each require a separate water and sewer connection. The Commission sought to clarify whether accessory dwelling units would still need to adhere to building code requirements. Staff stated that yes, the state code established development standards for accessory dwelling units and that they must comply with building codes. Service People Integrity Responsibility Innovation Teamwork Page 624 of 811 The Honorable Mayor and City Council Members Page 3 The Commission noted there are already numerous R-2 lots located within the subdivision, and the homes in the Vintage Estates to the west are single-family residences on smaller lots, that are consistent with the R-2 density. One Commissioner stated support for rezoning the two lots along Wagon Wheel Lane to R-2 but felt that the five lots along Rustic Point Lane should remain R-1. The Commissioner noted opposition from neighbors and saw this as a compromise. The Commission discussed the request noting the existing mix of R-1 and R-2 lots in the neighborhood, the large size of the existing lots, and a number of Commissioners noted that they had lived in duplexes with their families. Recommendation By a vote of 4 to 1, the Zoning Advisory Commission recommends that the City Council approve the request as submitted. A simple majority vote is needed for the City Council to approve the request. Respectfully submitted, Rich Russell, Vice Chairperson Zoning Advisory Commission Attachments Service People Integrity Responsibility Innovation Teamwork Page 625 of 811 TI IF, CITY OF DUB E Masterpiece' on the Mississi�°apr City of Dubuque Planning Services Department Dubuque, IA 52001-4845 Phone: 563-589-4210 Fax: 563-589-4221 plannin i yofdu u ue.org APPLICATION• Zoning Advisory Zoning Board of Development Services Historic Preservation Commission Commission Adiustmen# ❑ Annexation ❑Demolition Review ❑ Amended PUD ❑ Conditional Use Permit ❑ Limited Setback Waiver ❑ Historic Revolving Loan x❑ 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 A. Property Information Site Location/Address: Rustic Point Estates - Wagon Wheei Lane & Rustic Point Lane Legal Description/Parcel ID#/Subdivision: Lots 59, 60, 61, 62, 63, 75 & 76 of Rustic Point Estates #2 Existing Zoning: R-1 Proposed Zoning: R-2 Site Area (square feet/acres):yarl@S Historic District: -andmark: ❑ Yes 0 No B. Prescribe proposal and reason for application (attach a letter of explanation, if necessary): To rezoning seven lots from R-1 Single -Family to R-2 Two -Family C. Applicant/Agent Information Name: Brian Riniker Address: State: IA 2300 Stone Brook Ln Zip: 52748 Email: rinikers@gmail.com D. Property Owner(s) Information Name(s): Derby Grange LLC Address: 12568 JFK Rd State: IA Zip: 52002 Email: rinikers@gmail.com E. Certification: I/we, the undersigned, do hereby certify/acknowledge that: Phone: 563-513-5393 City: Eldridge Phone: 563-513-5393 City: Dubuque 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 sub 'tted he rue and correct to the best of my/our knowledge and upon submittal becomes public record. Applicant/Agent: .�� Date: - 2 Property Owner(s): Date: OFFICEFOR Fee 711 Ck#. ❑CC ❑Cash Received by. Date Page 626 of 811 9� 9CI�D t ow r y�;� cCLY�IIII� / of4450 1:l.CJ � , 05 3606 3602 4445 ' ��NT CN 2 3600 4487447544654 59'4451 • • u - -- � .� � � • • 4407 � i .. �' � • � • ♦ 2 3598 4464 4456 4448 4440 4432 4424 4416 • „ E 4402 3 3590 SICKLE LN - s q r 3588 3532 4467 4459 4451' 4443 4435 r r 3530 34493451 3459 3467 3471 3477 3483 3489 3505 3457 ti '� 3456 3460 3510 344l� 40 34, 58 3462 3468 3474 3480 3486 34923494 3508 DERBY GRANGE RD ,W 4 12536 1245' , 12538 12477 12568 12576 %,. 12468 1244, �� Dubuque THE CITY OF ( , \ bv*%-A D_u_&�_E 1 II meeIIt I 2007-2012.2013 Masterpiece on the Mississippi 2017*2019 Vicinity Map CF 0 F ASQ�RYR�. PENNSYLVANIA AVE DODGE ST S Applicant: Brian Riniker Location: Wagon Wheel and Rustic Point Lanes, PINS 1009331010, 1009331009, 1009331006, 1009331007,1009331008,1009326008,and 1009326009 Type: Rezoning Description: To rezone property from R-1 Single - Family Residential to R-2 Two -Family Residential to zoning district. Subject Property City Limits 0 125 250 500 N Feet A 1:3, 000 Page 627 of 811 :Rustic Point �`� L Subject Property � 9 Properties Notified 3682 3678 3674 3666 3660 J 3654 LASSO CT ' 3676� 3669 3649: Z 3662 1 3665 � 3656 4'4: 366, 59, 16559.. 16557 16529 16523 3642 4520 4424 3651 3644 4437. EWING DR 4445 ,4515 4507 4501 4487 4475 4465� 59 4 4451 ' r A 4496 f, ' v� 4484 '4476 4464 4456 448 4440 4432 4'424 4416 4449 G T O � U451,1 _4495- 4487 -4475; 4467 4�59 4443 4435 Z - 4437,T Q m a 3425 347 3449 3465 34 5' 3443 3451 ;3459� `3467 �347Y1 3477 3483 3489 3505 44425 3433 13441 ;3457 _ WAGON WHEEL IN 4413) T � _ 3460 58 3462 3468 3474 3480. 3486 3492349.4 35 12421 A 12475 BRITTANY CT � _. I Sri 16431 12488 3608 ` 10 12490� j 12470 16393 i38 12477 (As Un 12606 �a Jr 12468^Yi s, 4 -Ua COoftR .1«a7 REZONING STAFF REPORT Zoning Agenda: February 4, 2026 Property Address: Wagon Wheel and Rustic Point Lanes, PINs 1009331010, 1009331009, 1009331006, 1009331007, 1009331008, 1009326008, and 1009326009 Property Owner: Derby Grange LLC Applicant: Brian Riniker Description: To rezone property from R-1 Single -Family Residential to R-2 Two -Family Residential to zoning district. Proposed Land Use: Residential Proposed Zoning: R-2 Existing Land Use: Vacant property Existing Zoning: R-1 Adjacent Land Use: Adjacent Zoning: North — Residential North — R-1/County R-2 East — Residential East — County AG South — Residential South — R-1 /R-2 West — Residential West — R-1/PUD-PR Former Zoning: Total Area 2017 — Rezoned to from AG to R-1 1985 — County A-1 1975 — County A-1 Lot 59 — .28 acres Lot 60 — .29 acres Lot 61 — .31 acres Lot 62 — .28 acres Lot 63 — .36 acres Lot 75 — .37 acres Lot 76 — .64 acres Property History: The proposed rezoning involves seven (7) individual lots that were historically part of a single property that was zoned and used for agricultural purposes. In 2017, the property was annexed into the City of Dubuque and subsequently subdivided to create a residential subdivision, resulting in the lots as they exist today. The subject lots are part of the Rustic Point Estates subdivision which, when originally annexed into the city, was rezoned to allow for single-family and two -unit townhome residential development. When originally rezoned, the subdivision contained fifty-seven (57) lots zoned R-1 and nineteen (19) lots zoned for two -unit townhomes. Development in the neighborhood has been fairly consistent since that time and the R-2 lots are now fully developed. The applicant is seeking to rezone the seven (7) subject lots in order to allow for more two -unit townhome development within the subdivision. Page 629 of 811 Staff Report — Rezoning: Wagon Wheel and Rustic Point Lanes Page 2 Physical Characteristics: The Rustic Point Estates subdivision is located at the northwest corner of John F. Kennedy Road and Derby Grange Road. The subdivision has rolling topography with a portion of the property draining toward the City of Dubuque and the Catfish Creek and the north balance of the property draining toward the Little Maquoketa Watershed. The subdivision contains improved streets including Lasso Court, Rustic Point Lane, Wagon Wheel Lane, Sickle Lane, and Barnwood Lane. The image below identifies the location of the seven (7) existing lots (outlined in blue) that the applicant desires to rezoning from R-1 to R-2. Concurrence with Comprehensive Plan: The City's Future Land Use Plan identifies the subject lots as Single -Family Residential. The proposed project would help to meet the following recommendations of the Comprehensive Plan: Page 630 of 811 Staff Report — Rezoning: Wagon Wheel and Rustic Point Lanes Page 3 - 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. Impact of Request on: Utilities: The subdivision is adequately served by both city water and sanitary sewer. Mains for water and sanitary sewer are located within Rustic Point Lane and Wagon Wheel Lane. Traffic Patterns/Counts: The 2021 Iowa Department of Transportation (IDOT) traffic counts indicate an average annual daily traffic count of 3,680 vehicles along this section of John F. Kennedy Road which is classified as a minor arterial. Derby Grange Road is classified as a local street and has an average annual daily traffic count of 1,550 vehicles according to IDOT 2021 traffic counts. The proposed rezoning of seven (7) lots from R-1 to R-1 would allow for the creation of up to seven (7) additional principal residences beyond what would currently be permitted today. This increase in homes is not anticipated to have a substantial increase in the number of vehicles trips to the subdivision. Public Services: Public services are adequate to serve the seven (7) lots whether they are developed as single family or townhomes. Environment: The requested rezoning would affect seven (7) existing lots within the Rustic Point Estates subdivision. The lots are currently zoned for single-family residential development; however, rezoning them to R-2 would allow for the construction of two -unit townhomes while still preserving the option to develop single- family residences on each lot. If all seven (7) lots were developed with two -unit townhomes, the total number of residential units would increase by seven, which represents a minimal increase in density. If approved, the development of two -unit townhomes on these lots would not require site plan review; however, development would be required to comply with building codes for residential development. Adjacent Properties: The subject lots are surrounded by residential properties to the north, west, and south, as well as to the east across John F. Kennedy Road. The requested rezoning would be consistent with other development in the Rustic Point Estates which is already comprised of single-family and two -unit townhomes. CIP Investments: None. Staff Analysis: To rezone seven (7) lots from R-1 Single -Family Residential to R-2 Two -Family Residential zoning district. Page 631 of 811 Staff Report — Rezoning: Wagon Wheel and Rustic Point Lanes Page 4 The subject lots are part of the Rustic Point Estates subdivision which, when originally annexed into the city, was rezoned to allow for single-family and two -unit townhome residential development. When originally rezoned, the subdivision contained fifty-seven (57) lots zoned R-1 and nineteen (19) lots zoned for two -unit townhomes. Development in the neighborhood has been fairly consistent since that time and the R-2 lots are now fully developed. The applicant is seeking to rezoning the seven (7) subject lots in order to allow for more two -unit townhome development with the subdivision. The Rustic Point Estates subdivision is located at the northwest corner of John F. Kennedy Road and Derby Grange Road. The subdivision has rolling topography with a portion of the property draining toward the City of Dubuque and the Catfish Creek and the north balance of the property draining toward the Little Maquoketa Watershed. The subdivision contains improved streets including Lasso Court, Rustic Point Lane, Wagon Wheel Lane, Sickle Lane, and Barnwood Lane. The subject lots are surrounded by residential properties to the north, west, and south, as well as to the east across John F. Kennedy Road. The requested R-2 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-2 zoning districts. The highlighted items are permitted in both zoning districts. A copy of the R-1 and R-2 codes sections are attached. Principal Permitted Uses R-1 Zoning District R-2 Zoning District Single-family detached dwelling Single-family detached dwelling Cemetery, mausoleum, columbarium Cemetery, mausoleum, columbarium Community gardens Community gardens Golf course Golf course Maternity group home Maternity group home Parks, public or private, natural recreation area Parks, public or private, natural recreation area Place of religious exercise or assembly Place of religious exercise or assembly Public, private or parochial school Public, private or parochial school Railroad/public or quasi -public utility/substation Railroad/public or quasi -public utilit /substation Townhouse maximum 2 dwelling units Two-family dwelling duplex The subdivision is adequately served by both city water and sanitary sewer. Mains for water and sanitary sewer are located within Rustic Point Lane and Wagon Wheel Lane. Public services are adequate to serve the seven (7) lots if rezoned. The proposed rezoning of seven (7) lots from R-1 to R-1 would allow for the creation of up to seven (7) additional principal residences beyond what would currently be permitted today. This increase in homes is not anticipated to have a substantial Page 632 of 811 Staff Report — Rezoning: Wagon Wheel and Rustic Point Lanes Page 5 increase in the number of vehicles trips to the subdivision and as such no additional traffic analysis or study is required. The requested rezoning would be consistent with other development in the Rustic Point Estates which is already comprised of single-family and two -unit townhomes. Formal site plan review and approval is not required for single-family or two -unit townhome development; however, development would be required to comply with all local, state, and federal codes for residential development and require permitting through Inspection and Construction Services. 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 01 /28/2026 Page 633 of 811 1/28/26, 5:17 PM export. amIegal.com/api/export-requests/9d985ef9-0cc6-41f2-be19-716a0ed269df/download/ 16-5-2: R-1 SINGLE-FAMILY RESIDENTIAL: The R-1 district is the most restrictive residential district and is intended to protect low density residential areas from the encroachment of incompatible uses. The principal use of land in this district is for low density single-family dwellings and related recreational, religious and educational facilities. (Ord. 52-09, 10-19-2009) 16-5-2-1: PRINCIPAL PERMITTED USES: The following uses are permitted in the R-1 district: Cemetery, mausoleum, or columbarium. Community gardens. Golf course. Maternity group home. Parks, public or private, and similar natural recreation areas. Place of religious exercise or assembly. Public, private or parochial school approved by the state of Iowa (K - 12). Railroad or public or quasi -public utility, including substation. Single-family detached dwelling. (Ord. 52-09, 10-19-2009; amd. Ord. 17-13, 3-18-2013; Ord. 19-20, 5-18-2020; Ord. 49-23, 11-20-2023) 16-5-2-2: CONDITIONAL USES: The following conditional uses may be permitted in the R-1 district, subject to the provisions of section 16-8-5 of this title: Accessory dwelling unit. Bed and breakfast home. Keeping of horses or ponies. Licensed adult day services. Licensed childcare center. Mortuary, funeral home, or crematorium. Off street parking. Tour home. Tourist home. Wind energy conversion system. (Ord. 52-09, 10-19-2009; amd. Ord. 66-14, 11-17-2014) 16-5-2-3: ACCESSORY USES: The following uses are permitted as accessory uses as provided in section 16-3-7 of this title: Detached garage. Fence. Garage sale, provided that not more than three (3) such sales shall be allowed per premises per calendar year and not more than three (3) consecutive days per sale. Home based business. Keeping of hens for egg production. Noncommercial garden, greenhouse or nursery. Off street parking and storage of vehicles. Satellite receiving dish. Solar collector (freestanding arrays are limited to not more than 100 aggregate square feet and 10 feet in height). Sport, recreation, or outdoor cooking equipment. Storage building. Tennis court, swimming pool or similar permanent facility. Wind turbine (building mounted). (Ord. 52-09, 10-19-2009; amd. Ord. 47-14, 7-21-2014; Ord. 54-15, 8-17-2015) 16-5-2-4: TEMPORARY USES: Temporary uses shall be regulated in conformance with the provisions of section 16-3-19 of this title. (Ord. 52-09, 10-19-2009) 16-5-2-5: PARKING: Minimum parking requirements shall be regulated in conformance with the provisions of chapter 14 of this title. (Ord. 52-09, 10-19-2009) 16-5-2-6: SIGNS: https://export.amlegal.com/api/export-requests/9d985ef9-Occ6-4lf2-be19-716a0ed269df/download/ Page 634 of H1 1/28/26, 5:17 PM export.amIegal.com/api/export-requests/9d985ef9-Occ6-41f2-bel9-716a0ed269df/download/ 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 Minimum 2 Maximum Frontage (Lot Area) Side Rear 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. ............................... ..... ...... _................. ..... ......... ......... ....... :.......... _ _ -- • utred-Bear_ _» �_. Required:frar1 (Ord. 52-09, 10-19-2009) https://export.amlegal.com/api/export-requests/9d985ef9-Occ6-41f2-be19-716a0ed269df/download/ Page 635 of H1 1/28/26, 5:17 PM export.amlegal.com/api/export-requests/8f284561-Oe5a-4502-862f-5db856c4788b/download/ 16-5-3: R-2 TWO-FAMILY RESIDENTIAL: The R-2 district is intended to provide residential areas characterized by single-family and two-family dwellings. Increased densities and the introduction of two-family housing types are intended to provide greater housing options while maintaining the basic qualities of a low density residential neighborhood. The principal use of land in this district is for low density single- and two-family dwellings and related recreational, religious and educational facilities. (Ord. 52-09, 10-19-2009) 16-5-3-1: PRINCIPAL PERMITTED USES: The following uses are permitted in the R-2 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. Townhouse (maximum 2 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) 16-5-3-2: CONDITIONAL USES: The following conditional uses may be permitted in the R-2 district, subject to the provisions of section 16-8-5 of this title: Accessory dwelling unit. Bed and breakfast home. Hospice. 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; Ord. 20-22, 5-20-2022) 16-5-3-3: 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) 16-5-3-4: 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) 16-5-3-5: 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) 16-5-3-6: SIGNS: Signs shall be regulated in conformance with the provisions of chapter 15 of this title. (Ord. 52-09, 10-19-2009) https://export.amlegal.com/api/export-requests/8f28456l-Oe5a-4502-862f-5db856c4788b/download/ Page 636 of ��'1 1/28/26, 5:17 PM export.amlegal.com/api/export-requests/8f284561-Oe5a-4502-862f-5db856c4788b/download/ 16-5-3-7: BULK REGULATIONS: Minimum Maximum Setbacks Front Minimum Minimum R-2 Residential Minimum Lot Lot Maximum Lot Area Frontage Coverage (Lot Area) Side Rear Height Minimum2 Maximum Minimum Maximum Setbacks Front Minimum Minimum R-2 Residential Minimum Lot Lot Maximum Lot Area Frontage Coverage (Lot Area) Side Rear Height Minimum 2 Maximum 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 Townhouse (2 du maximum) 3,000 sq. ft./du 25 ft./du 40 % 20 ft. 50 ft. 6/0 ft. 20/0 ft. 30 ft. Two-family dwelling 6,000 sq. ft. 50 ft. 40 % 20 ft. 50 ft. 6 ft. 20 ft. 30 ft. Conditional uses: Bed and breakfast home 5,000 sq. ft. 50 ft. 40 % 20 ft. 50 ft. 6 ft. 20 ft. 30 ft. Hospice 5,000 sq. ft. 50 ft. 40 % 20 ft. - 6 ft. 20 ft. 30 ft. Licensed adult day services, licensed 5,000 sq. ft. 50 ft. 40 % 20 ft. - 6 ft. 20 ft. 30 ft. 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. (Ord. 52-09, 10-19-2009) https://export.amlegal.com/api/export-requests/8f284561-Oe5a-4502-862f-5db856c4788b/download/ Page 637 of AID 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. 13'h St Telephone: 563-589-4121 ORDINANCE NO. 11 - 26 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED ALONG WAGON WHEEL LANE AND RUSTIC POINT LANE WITHIN THE RUSTIC POINT ESTATES SUBDIVISION FROM R-1 SINGLE-FAMILY RESIDENTIAL TO R-2 TWO-FAMILY RESIDENTIAL ZONING 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 to R-2 Two -Family Residential zoning district, to wit: Lot 59, Lot 60, Lot 61, Lot 62, Lot 63, Lot 75, and Lot 76 of Rustic Point Estates #2, II in the City of Dubuque, Iowa. Section 2. That the foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This Ordinance shall take effect immediately upon publication as provided by law. Passed, approved and adopted this 16th day of March, 2026. Da i T. Resnick, Maor Pro Tern Attest: ��, � � � Adrienne N. Breitfelder,'City Clerk Matt O'Brien From: Lewis, Lori < Lori. Lewis@mheducation.com> Sent: Monday, February 2, 2026 1:36 PM To: Planning Subject: Opposition to the proposal to rezone the properties located at Wagon Wheel and Rustic Point Lanes You don't often get email from lori.lewis@mheducation.com. Learn why this is important 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 Zoning Advisory Commission, I am writing to formally express our strong opposition to the proposal to rezone the properties located at Wagon Wheel and Rustic Point Lanes (PINs: 1009331010, 1009331009, 1009331006, 1009331007, 1009331008, 1009326008, and 1009326009) from R-1 Single -Family Residential to R-2 Two -Family Residential. As a homeowner who has recently built a new home in this immediate neighborhood, I oppose this change for the following reasons: • Reliance on Existing Zoning: We chose to invest in and build a home in this specific area with the understanding and explicit assurance that the lots behind out home were zoned for single-family residences. A shift to additional multi -family units fundamentally changes the character of the neighborhood that we were promised when we purchased our lot. We feel we already have enough R-2 units in the subdivision. • Property Value: A sudden shift to multi -family zoning can negatively impact the long-term market value and "quiet enjoyment" of the single-family homes currently established here. I request that the Commission deny this rezoning request and maintain the R-1 designation to protect the integrity of the neighborhood and the investments of the current homeowners. Thank you for your time and consideration. Sincerely, Brian and Lori Lewis 4402 Sickle Lane Dubuque, IA 52002 Page 639 of 811 Krzysztof Pawlowski & Beata Bil 4416 Sickle Ln Dubuque, IA 52002 e-mail: pawlowski72@gmail.com Phone number: 580 220 8860 Date: January 30, 2026 Planning Services Department City of Dubuque 50 W. 13th Street Dubuque, IA 52001 Subject: Formal Objection to Rezoning Request from R-1 to R-2 (Location: Wagon Wheel and Rustic Point Lanes — PINs: 1009331010, 1009331009, 1009331006, 1009331007, 1009331008, 1009326008 and 100932009) Dear Members of the Planning Services Department and Zoning Advisory Commission, We are writing to express our opposition to the proposal to rezone the properties located at Wagon Wheel and Rustic Point Lanes from R-1 Single -Family Residential to R-2 Two -Family Residential. We do believe, this change would negatively impact the surrounding neighborhood in several important for us ways. First, the proposed rezoning is inconsistent with the existing character of the area. Our neighborhood is composed primarily of single-family homes with stable, low -density residential patterns. Allowing two-family structures would introduce a density level that does not align with the established land -use plan and could alter the long-term identity of the community. Additionally, increased density would place added strain on local infrastructure —including parking availability, traffic flow, and utilities —which is not designed to support multi -unit dwellings. These impacts would be felt immediately by nearby residents and could diminish overall safety, accessibility, and quality of life. There are also concerns regarding noise, privacy, and congestion that typically arise from higher -density housing. The current R-1 zoning helps preserve a predictable, cohesive environment; changing to R-2 would introduce uncertainties and potentially reduce property values for homeowners who invested in single-family surroundings. Page 640 of 811 For these reasons, I respectfully request that the rezoning proposal be denied, and that the property remain designated as R-1 to protect the integrity, stability, and livability of our neighborhood as it was intended. Thank you for your understanding, Krzysztof Pawlowski and Beata Bit Page 641 of 811 Matt O'Brien From: Jennifer Winkelmann <denverjen@hotmail.com> Sent: Tuesday, February 3, 2026 11:09 AM To: Planning Subject: Zoning Advisory - Wagon Wheel and Rustic Point Lanes You don't often get email from denverjen@hotmail.com. Learn why this is important Caution! This message was sent from outside your organization. Never give your login information and password over email! Hello. Allow sender I Block sender Report My name is Jennifer Winkelmann, and I am a new resident at Rustic Point Estates. I just purchased 4424 Rustic Point Lane. I understand that the Developers would like to rezone some parcels in the community from R1 to R2. I am amenable to R2 for the lots on Wagon Wheel, given that there are already several duplexes on that street backing up to JFK. I am strongly against R2 zoning for Rustic Point Lane. I just moved from townhouse living, and specifically purchased the lot 89 and built a house because I wanted to be in a neighborhood of single family homes. Please confirm receipt of this message. Thank you! Jen Page 642 of 811 Wally Wernimont From: Greg Adams <greg32755@aol.com> Sent: Wednesday, February 4, 2026 1:58 PM To: Wally Wernimont; Brian Riniker Subject: Rustic Points 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 Zoning Advisory Commission: I am the Realtor for Rustic Points and I would respectfully request that that you approve the zoning change to R-2. Currently, the demand for townhouses is extremely high There are approximately 294 residential lots for sale through our MLS. There are 0 townhouse lots for sale. There is approximately 38 town homes in the subdivision and the great majority of them are occupied by senior citizens who chose to reside in the great city of Dubuque. There is a lot of "pride of ownership" and they all have been great neighbors. I think the city of Dbq needs to take steps to allow future townhome buyers to continue residing in Dbq. Thanks for your time! Respectfully, Greg Adams The Adams Team RE/MAX Advantage Realty 4029 Pennsylvania Ave. Dubuque, IA 52002 Licensed Broker in IA, IL 563.590.2016 i Page 643 of 811 Rustic Point Estates — Rezoning To rezone seven lots from R-1 Single -Family Residential to R-2 Two -Family Residential to zoning district. 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Kennedy Rd — Minor Arterial; 3,680 average annual daily trips ■ Derby Grange — Local Street; 1,550 average annual daily trips Principal Permitted Uses R-1 Zoning District R-2 Zoning District Single-family detached dwelling Single-family detached dwelling Cemetery; mausoleum, columbarium Cemetery, mausoleum, columbarium Community gardens Community gardens Golf course Golf course Klaternity group home k1aternity group home Parks, public or private, natural recreation area Parks, public or private, natural recreation area Place of religious exercise or assembly Place of religious exercise or assembly Public, private or parochial school Public, private or parochial school Railroad. -public or quasi -public utility, -substation Railroad,`public or quasi public utilitylsubstation Townhouse (maximum 2 dwelling units) Two-family dwelling (duplex) J 0 VA 3686368z �053v44 3666 �3V5{ :*� *3636 3 Al63° 0 3678 -366o * 3636 364° *3659 ' i 49 3628 * *36 �3635 36i8 362,) �� ►/i68y . 66' i 365 56 36'° 50 / 41t -- » 36 ^��I /- / Z 4400 * s R_1� WING * * 36oz / 4445 4439-1-133-44'1 *4485 15i5 --"I8 �if/�1Z;�,/��}#51 .,,�i * R 1Aw *360, *41; 3 3S98 ti 4496 �*�1 4�8 3303332 1423 I IIh *�35� 111 ** ** 4344°�*597 C *. , *3588 � 4449 -- 427-1119-*4411 T. 2 * 0 1195r};8; 44i75 1 t51 1443 a35 R 1 * * *`,1 4459* * *353 *353° d } }37 Z * a — 3522 coj } }1 3449 347 3465' 3 }^1 * 4ii * 483 * 489 * 05 *518 -�5 34�- r *�13.'5**�**,�**1* 1* ** 343 3435 3.143 3451 3459 L3 At W *3516 R-2 - 3568 3510 3450 6 68" 3 1^ 348 3F9' , R- I 20 344-' * I * 458*3* _4 * * *3494 o i34 * * 8 * I I 3486 * R-1 3- 4 346oIlk I ,1 DERBY GRANGE 1TTT7 { • AG � - Permitted Development in R-1 Public Input ➢ Public input provided for request- • Letter of Opposition — Brian & Lori Lewis (4402 Sickle Lane) • Letter of Opposition — Krzysztof Pawlowski & Beata Bil (4416 Sickle Lane) • Letter of Opposition —Jennifer Winkelmann (4424 Rustic Point Lane) • Spoke in Opposition at ZAC Meeting — Gary Jaeger (3642 Wagon Wheel Lane) • Spoke in Opposition at ZAC Meeting — Mark Link (3647 Wagon Wheel Lane) • Letter of Support — Greg Adams Subject Properties O 200-Foot Notification �, s ; • Boundary Public Opposition - Spoke at ZAC �low! Public Opposition - Letter - 36,'7r...... - G�(°7d� _ 6 3694 - 3676 3649 3titi 36 9 -{ 3f 3662 3ti56 ' - � 44584450 36 Q 4441 4445 4439 35153474501 4487 ,1,y757465 59445�1 4461 44 q 04.46M44544 -19 -,� — 4487 i J131 Feet jLTJ31bz 34 0 125 250 500 n A 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: 02/06/2026 and for which the charge is 42.63 Subscribed to before me, a Notary Public in ands Dubuque County, Iowa, this 6th day of February, 2026 Notary licm and for Dubuque dounty, Iowa. �PgiAt, S,� JANET K. PAPE ' o q Commission Number 199659 ? My Commission Expires �.,_. 12/11/2028 i A, e--ks'*V 4-1 Pi" �. Ad text CITY OF DUBUQUE, IOWA OFFICIAL NOTICE PUBLIC NOTICE is hereby given that the Dubuque City Council will conduct public hearings on the 16th day of February, 2026, 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 Brian Rinker to rezone property located at Wagon Wheel and Rustic Point Lanes from R-1 Single -Family Residential to R-2 Two -Family Residential to zoning district. The specific parcel numbers are: 1009331010, 1009331009, 1009331006, 1009331007, 1009331008, 1009326008, and 1009326009. 2. Request from Luke Hoffman to rezone a portion of property located at 1090 Radford Road, PIN 1029451016, from CS Commercial Service and Wholesale to AG Agriculture zoning district. PLANNED UNIT DEVELOPMENT AMENDMENT 1. Request from Request from Justin Somerville, Cafaro Company, to amend the conceptual plan and signage regulations for the Kennedy Mall Planned Unit Development, located at 555 John F. Kennedy Road, with PC -Planned Commercial designation. 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 2/6