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Request to Rezone Property at Bies Drive_HearingCopyrighted November 15, 2021 City of Dubuque Public Hearings # 1. City Council Meeting ITEM TITLE: Request to Rezone Property at Bies Drive SUMMARY: Proof of publication on notice of public hearing to consider City Council approval of a request from Dave Frommelt, American Realty, to rezone property located at Bies Drive from C-3c General Commercial zoning district with conditions to PR Planned Residential zoning district to allow for the development of a multi -family residential development, 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 located at Bies Drive from C-3c General Commercial with conditions to PUD Planned Unit Development District with a PR Planned Residential District Designation and adopting a Conceptual Development Plan for two 28-unit multi -family residential buildings with detached garages SUGGESTED Suggested Disposition: Receive and File; Motion B; Motion DISPOSITION: ATTACHMENTS: Description Type Staff Memo Staff Memo Ordinance Ordinance Conceptual Development Plan Application Staff Report Ordinance 45-07 C-3c Zoning Vicinity Map Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation Planning Services Department City Hall 50 West 13t" Street Dubuque, IA 52001-4864 (563) 589-4210 phone (563) 589-4221 fax (563) 690-6678 TDD planning@cityof dubuque.org THE COF DiU!B E Masterpiece on the Mississippi The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 131" Street Dubuque IA 52001 Dubuque All•Ammin CV4 2007,2012.2013 2017*2019 November 9, 2021 Applicant: Dave Frommelt, American Realty Location: Bies Drive, Parcels 1028206011 and 1028206012 Description: To rezone from C-3c General Commercial zoning district with conditions to PR Planned Residential zoning district to allow for the development of a multi -family residential development 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 Dave Frommelt from American Realty represented the Klauer Family (property owners), and spoke in favor of the request. He referred to the conceptual development plan and its two 28-unit apartment buildings. He expressed that this is a good location for the development with nearby amenities and good street access. Planning Staff presented the staff report noting characteristics of the property and surrounding area, including zoning, easements, and adjacent land uses. Staff noted that the proposed Planned Residential Planned Unit Development would replace the existing C3-c General Commercial with conditions zoning designation and the rezoning would be bound by the conceptual plan. Staff indicated the conceptual development could be a good buffer between single-family residential uses to the north and commercial and retail uses to the south. There were no public comments. The Zoning Advisory Commission discussed the request and determined the rezoning and conceptual development plan associated with the rezoning would be an appropriate infill project for the property as it is situated between residential and commercial development in the area. Service People Integrity Responsibility Innovation Teamwork The Honorable Mayor and City Council Members Page 2 Recommendation By a vote of 6 to 0 with one abstention, the Zoning Advisory Commission recommends that the City Council approve the request to rezone parcels 1028206011 and 1028206012 from C3-c General Commercial with conditions to PR Planned Residential. A simple majority vote is needed for the City Council to approve the request. Respectfully submitted, Matt Mulligan, Chairperson Zoning Advisory Commission Attachments cc: Kathleen M. Sullivan, Pamela A. Triolo, Roger G. Klauer, 575 South Fork St., Waukee, IA 50263 Service People Integrity Responsibility Innovation Teamwork Prepared by: Wally Wernimont, City Planner, City Hall 50 W. 13th St., Dubuque IA 52001 (563) 589-4210 Return to Adrienne N. Breitfelder, City Clerk, 50 W. 131" St., Dubuque, IA 52001, (563) 589-4100 ORDINANCE NO. 39-21 AN ORDINANCE AMENDING TITLE 16 OF THE UNIFIED DEVELOPMENT CODE OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT BIES DRIVE FROM C-3C GENERAL COMMERCIAL WITH CONDITIONS TO PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PR PLANNED RESIDENTIAL DISTRICT DESIGNATION AND ADOPTING A CONCEPTUAL DEVELOPMENT PLAN FOR TWO 28-UNIT MULTI -FAMILY RESIDENTIAL BUILDINGS WITH DETACHED GARAGES 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 C-3c General Commercial District with conditions 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: Lots 4 and 5 of C.J. Bies Subdivision #2, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. 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 two 28-unit multi -family residential buildings. 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: Buildings setbacks shall be located in substantial conformance with the approved conceptual development plan. 2. Maximum building height of 40 feet shall be allowed in this Planned Residential District. 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 provided based on the approved conceptual plan. 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 number, size, and design of parking spaces shall be governed by applicable provisions of the Unified Development Code Section 13-3 Site Development Regulations. The number, size, design, and location of parking spaces designated for persons with disabilities shall be according to the local, state, or federal requirements in effect at the time of development. Site Lighting 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 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 of each lot 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 to properties in the PUD District. 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. Screens built on sloping grades shall be stepped so that their top line shall be horizontal. 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 The conceptual development plan shall serve as the preliminary plat for this PUD District. Subdivision plats and improvement plans shall be submitted in accordance with Article 11 Land Subdivision, of the City of Dubuque Unified Development Code. 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 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. 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 15t' day of November 2021. I :! Roy D. uol, Mayor Attest: z <t J 0- z W Z> n 0 J W W 0 J Q W U z 0a 10/3/21, 9:06 AM IMG_8516.jpg Dubuque City of Dubuque THE CITY OF planning Services Department DT TR rnr Ei t I Dubuque, IA 52001-4845 Phone: 563-589-4221 V �J I �'r Fax: 563-589�221 4om-20a-2013 Masterpiece on the Mississippi 2017*2019 planninciOcciNofdubuoue pro PLANNING APPLICATION FORM ❑Variance ❑Preliminary Plat ❑Simple Subdivision ❑Certificate of Appropriateness ❑Conditional Use Permit ❑Major Final Plat []Text Amendment []Advisory Design Review (Public Projects) ❑Appeal ❑Minor Final Plat []Temporary Use Permit ❑Certificate of Economic Non -Viability ❑Special Exception ❑Simple Site Plan []Annexation []Historic Designation []Limited Setback Waiver ❑Minor Site Plan ❑Historic Revolving Loan ❑Demolition ®Rezoning/PUD/ID ❑Major Site Plan ❑Historic Housing Grant ❑Port of Dubuque /Chaplain Schmitt Island Design Review Please tvoe or print legibly in In Property owner(s): Kathleen M Sullivan, Pamela A. Triolo, Roger G. Klauer Phone: S /S- y 9U-8SJ a Address: 575 South Fork St. City: Waukee Fax #: Cell #: E-ma Applicant/Agent: Dave Frommelt - American Realty IA _. 50263 }'�� ,55 e rvi C+ 5 , c o rvt 563-590-7411 Address: 2115 John F. Kennedy Road Dubuque IA 52002 City: State: Tip: Fax #: 563-556-4767 Cell #: 563-590-7411 Dkfrommelt@_gmaii.com Site location/address: Bies Drive (Lot 4 and Lot 5 of CJ Bies Sub #2) Neighborhood Association: N/A Existing zoning: C-3c Proposed zoning: PR District: N/A Landmark: ❑ Yes ® No Legal Description (Sidwell parcel ID# or lot number/block number/subdivision): Parcels #1028206011 and #1028206012 Total property (lot) area (square feet or acres): Lot 4 = 1.1 acres(approx) and Lot 5 = 1.0 acres (approx) Describe proposal and reason necessary (attach a letter of explanation, if needed): Request to rezone from C-3c General Commercial with conditions to PR Planned Residential to allow for the development of a multi -family residential development. CERTIFICATION: I/we, the undersigned, do hereby certify/acknowledge that: 1.It is the property owner's responsibility to locate property lines and to review the abstract for easements and restrictive covenants. 2. The information submitted herein is true and correct to the best of my/our knowledge and upon submittal becomes public record; 3. Fees are not refundable and payment does not guarantee approval; and 4. All additional required written and graphic materials are attached. xProperty Owner(s): te4' Date: la/-f & Applicant/Agent: lflfG�� Date: to 4L7-( FOR OFFICE 115E ONLY — APPLICATEON SURMMAL CHECKLIST IST �� i Fee: —1 i--Received by: Date: 1'f Docket: � &0 https://mail.google.com/mail/u/0/?ogbl#inbox?projector=1 1/2 Dubuque THE CITY OF wo DUB E 1I1�I' Masterpiece on the Mississippi 20zol702.20i.zo192.20t3 PLANNING APPLICATION FORM ❑Variance []Preliminary Plat ❑Simple Subdivision []Conditional Use Permit ❑Major Final Plat ❑Text Amendment []Appeal ❑Minor Final Plat ❑Temporary Use Permit ❑Special Exception ❑Simple Site Plan ❑Annexation ❑Limited Setback Waiver ❑Minor Site Plan ❑Historic Revolving Loan ❑Rezoning/PUD/ID ❑Major Site Plan ❑Historic Housing Grant Please Woe or print legibly in ink Property owner(s): Kathleen M Sullivan, Pamela A. Triolo, Roger G. Klauer Ph Address: 575 South Fork St. city: Waukee Fax #: Cell #: E-me Applicant/Agent: Dave Frommelt - American Realty City of Dubuque Planning Services Department Dubuque, IA 52001-4845 Phone: 563-589-4210 Fax: 563-589-4221 plaaninoCcpcitvofdubuoUp.ora ❑Certificate of Appropriateness ❑Advisory Design Review (Public Projects) ❑Certificate of Economic Non -Viability ❑Historic Designation ❑Demolition ❑Port of Dubuque /Chaplain Schmitt Island Design Review State: ]A Zip:50263 563-590-7411 Address: 2115 John F. Kennedy Road City: Dubuque State: IA Fax #: 563-556-4767 Cell #: 563-590-7411 E-mail: Dkfrommelt@gmail.com Site location/address: Bies Drive (Lot 4 and Lot 5 of CJ Bies Sub #2) Neighborhood Association: N/A 52002 Existing zoning: C-3c Proposed zoning: PR District: NSA Landmark: ❑Yes ®No Legal Description (Sidwell parcel ID# or lot number/block number/subdivision): Parcels #1028206011 and #1028206012 Total property (lot) area (square feet or acres): Lot 4 = 1.1 acres(approx) and Lot 5 = 1.0 acres (approx) Describe proposal and reason necessary (attach a letter of explanation, if needed): Request to rezone from C-3c General Commercial with conditions to PR Planned Residential to allow for the development of a multi -family residential development. CERTIFICATION: I/we, the undersigned, do hereby certify/acknowledge that: 1.It is the property owner's responsibility to locate property lines and to review the abstract for easements and restrictive covenants. 2, The information submitted herein is true and correct to the best of my/our knowledge and upon submittal becomes public record; 3. Fees are not refundable and payment does not guarantee approval; and 4. All additional required written and graphic materials are attached. x Property Owner(s): �0/'7 �l�l(/- f. o ld 6 /. 5 >!6. 9003 Date: l'P/`llL f Applicant/Agent: Date: /G' kLy( FOR OFFICE USE ONLY— APPLICATION SUBMITTAL CHECKLIST Fee: IV Received by:'��� Date: /1" AltY Docket: - - - �10111111 w Dubuque THE CITY OF VAN DUB E 200)•2012..0" Masterpiece on the Mississippi 2017.2019 PLANNING APPLICATION FORM City of Dubuque Planning Services Department Dubuque, IA 52001-4845 Phone: 563-589-4210 Fax: 563-589-4221 p1annindt0 Cbofdub o ,a gig []Variance []Preliminary Plat []Simple Subdivision ❑Certificate of Appropriateness []Conditional Use Permit ❑Major Final Plat ❑Text Amendment ❑Advisory Design Review (Public Projects) []Appeal ❑Minor Final Plat []Temporary Use Permit ❑Certificate of Economic Non -Viability ❑Special Exception ❑Simple Site Plan ❑Annexation ❑Historic Designation ❑Limited Setback Waiver ❑Minor Site Plan ❑Historic Revolving Loan []Demolition WRezoning/PUD/ID ❑Major Site Plan ❑Historic Housing Grant ❑Port of Dubuque /Chaplain Schmitt Island Design Review Property owner(s): Kathleen M Sullivan, Pamela A. Triolo, Roger G. Klauer Address: 575 South Fork St. Fax #: Cell #: Applicant/Agent:Dave Frommelt - American Realty AAA—. 2115 John F. Kennedy Road Fax #: 563-556-4767 Cell #: 563-590-7411 Waukee _State: JA Zip: 50263 563-590-7411 Dubuque IA �;_ 52002 Dkfrommelt@gmail.com Site location/address: Bies Drive (Lot 4 and Lot 5 of CJ Bies Sub #2) Neighborhood Association: NIA Exsting C-3c PR N/Asting zoning: Proposed zoning: District: Landmark: El Yes ®No Legal Description Sidwell parcel ID# or lot number block number subdivision Parcels #1028206011 and #1028206012 Leg p � (� Pa / / ): Total property (lot) area (square feet or acres): Lot 4 = 1.1 acres(approx) and Lot 5 = 1.0 acres (approx) Describe proposal and reason necessary (attach a letter of explanation, if needed): Request to rezone from C-3c General Commercial with conditions to PR Planned Residential to allow for the development of a multi -family residential development. CERTIFICATION: Uwe, the undersigned, do hereby certify/acknowledge that: 1.It is the property owner's responsibility to locate property lines and to review the abstract for easements and restrictive covenants. 2.The information submitted herein is true and correct to the best of my/our knowledge and upon submittal becomes public record; 3. Fees are not refundable and payment does not guarantee approval; and 4. All additional J'� en and graphic aterials are attached. xProperty Owner(s*a Date: /a/y!L f Applicant/Agent: Date: /01 `t b!i FOR OFFICE USE ONLY — APPLICATION SUBMITTAL CHECKLIST Fee: Received by( 4 '�'01't - Date:A�Docket: Cat 18� REZONING STAFF REPORT Zoning Agenda: November 3, 2021 Property Address: Bies Road Lot 4 and Lot 5 of C.J. Bies Subdivision No. 2 Property Owner: Kathleen Sullivan, Pamela Triolo, and Roger Klauer Applicant: Dave Frommelt — American Realty Description: To rezone from C-3c General Commercial with conditions to PR Planned Residential to allow for multi -family residential development. Proposed Land Use: Multi -Family Residential Proposed Zoning: PR Existing Land Use: Vacant property Existing Zoning: C-3c Adjacent Land Use: North — Residential Adjacent Zoning: North — R-1, R-2, R-3 East — Commercial East — C-3, PC South — Commercial South — C-3, PC West — Vacant property West — OS Former Zoning: Pre-1975 — Single -Family 1975 — R-2 1985 — R-4 2007 — C-3c Total Area: 80,000 square feet (Lot 4 — 40,000 sq. ft. / 1.13 acres) (Lot 5 — 40,000 sq. ft. / 1.13 acres) Property History: The property has been rezoned a number of times in the past but has not been developed to -date. Previous iterations of the site layout included the continuation of Kebbie Drive through the property, but the easement for this street continuation has been vacated. Staff is actively reviewing a plat for the consolidation for the two lots on the property. Physical Characteristics: The property consists of Lot 4 and Lot 5 which are both approximately 1.13 acres in size and both have street frontage along Bies Drive. A 15 ft. wide stormwater/sanitary sewer easement runs along the entire north side of Lot 4 and an 8 ft. wide utility easement runs along the east side of both lots and the south side of Lot 5. Lot 5 was previously platted to allow for a cul-de-sac at the end of Bies Drive, but this portion of the lot is planned to be re -captured through a plat review with the City's Engineering Department. The property slopes uphill from Bies Drive toward the east with an overall elevation change of approximately 16 feet. The property is currently vacant. Rezoning Staff Report — Bies Drive (Lot 4 & Lot 5 of C.J. Bies Sub. No 2) Page 2 15 ft ti �. aase--ent m _ �Rt Fyb ;... 8f1. ea Sement ' 'k 8ft easement �4 �•�- - - IS CCNI URY Concurrence with Comprehensive Plan: The Comprehensive Plan goals promote infill and mixed -use development. The goals also recommend buffering non -compatible uses from each other. The City's Future Land Use Plan identifies this area as Park Land. Impact of Request on: Utilities: The area is adequately served by both City water and sanitary sewer. There are mains for each in the Bies Drive right-of-way and the Kebbie Drive right-of-way. Traffic Patterns/Counts: The 2017 Iowa Department of Transportation traffic counts indicate an average annual daily traffic count of 2,350 vehicles along this section of Bies Drive. While the amount of traffic generated by the proposed two 28-unit multi -family residential buildings is expected to have some impact on the overall traffic volume along Bies Drive and surrounding streets, relative to the commercial uses allowed in the current C-3c zoning, the impact is anticipated to be minimal. Public Services: Public services are adequate to serve the site regardless of how it may be redeveloped. Environment: The property has a total site area of approximately 2.26 acres (1.13 acres for each lot). The site is currently unimproved and contains a number of mature trees and shrubs which would be removed to accommodate the proposed multi -family development. 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. With this, and provided adequate storm water Rezoning Staff Report — Bies Drive (Lot 4 & Lot 5 of C.J. Bies Sub. No 2) Page 3 management measures are implemented during all phases of development, it is not anticipated the requested rezoning or the proposed development would have a negative impact on the environment. Adjacent Properties: This property abuts single-family residential properties to the north and northwest (across Bies Drive) zoned R-1, R-2, and R-3 which are developed with a mix of single-family residences, duplexes, and multi -family buildings. Neighboring properties directly to the east are zoned C-3 and PC. Development on these adjacent properties includes the Hills & Dales Childcare Center & Preschool and the Phoenix Theatres. The property directly to the south is zoned PC and contains a cellular tower site and parking lot. Properties to the southwest, across Century Drive and Sylvan Drive are zoned C-3 and are home to the Eagle's Club restaurant and Weldon Tire. The property located directly to the west, across Bies Drive, is zoned OS —Office Service and is currently vacant. Other development in the area includes large scale multi -family developments, storage units, and retail uses. CIP Investments: None proposed. Staff Analysis: The applicant proposes to rezone the property from C-3c General Commercial with conditions to PR -Planned Residential in order to construct two 28-unit multi -family buildings. The property consists of two lots that would be consolidated for the purpose of this development. The site has 275 feet of frontage along Bies Drive and the southwest corner of the lot adjoins the intersection of Bies, Sylvan, and Century Drives. The proposed concept plan includes two 28-unit multi -family residential buildings positioned towards the north and south sides of the property. The existing 15' and 8' utility easements running along the north, east, and south property lines provide a setback buffer from those property lines. The site would also contain a total of 88 parking stalls, of which 32 are covered garage spaces and 56 are uncovered parking stalls located throughout the site. Access to the site would be taken from Bies Drive and not from Kebbie Drive. Prior to any development taking place on the property, the property owner 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 connection, and fire safety. Potential effects on the environment would be reviewed and mitigated through appropriate site design and development. Surrounding development in the area consists of single-family and multi -family uses directly to the north and to the northwest and commercial, service, and retail uses to the east, south, and southwest. Nearby development to the northwest of the property has been improved with multi -story multi -family residential developments with which the conceptual plan would be consistent. Rezoning Staff Report — Bies Drive (Lot 4 & Lot 5 of C.J. Bies Sub. No 2) Page 4 The proposed multi -family development will generate additional traffic to the area, but it is anticipated the development would have little impact on the traffic in the overall area, especially relative to the commercial and retail uses directly to the south. As proposed, the multi -family residential building should serve as a transition between the single-family and multi -family residential uses and the more intense commercial, service, and retail uses to the east, south and southwest of the property. If approved, the development would be bound by the proposed conceptual plan. Staff recommends the Zoning Advisory Commission review the criteria established in Chapter 9 of the Unified Development Code regarding granting a rezoning. Prepared by: Review" Date: 10/27/2021 Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St Telephone: 589-4210 Return to: Jeanne Schneider, City Clerk Address: City Hall- 50 W. 13,nSt Telephone: 589-4121 •'a ' EN 15911 MT1 .. =._ ■�■ NOW, THEREFORE, BE IT ORDAINED BY THE, CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter -described property, from C-3 General Commercial, with conditions to C-3 General Commercial, with conditions, to wit. Lot 4 and Lot 5 C.J. Bies Subdivision #2 and to the centerline of the adjoining public right-of-way, all in the City of Dubuque Section 2. 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 20t" day of August 20fni If Roy Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Pursuant to the Iowa Code Section 414.5 (2005), and as an express condition of rezoning of the property legally described as: Lot 4 and Lot 5 C.J. Bies subdivision 2, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. which is the subject of Ordinance No. 45-07, a copy of which is attached hereto and incorporated herein by reference, the undersigned property owners, agree to the following conditions, all of which the property owner further agrees are reasonable and are imposed to satisfy public needs which are caused directly by the rezoning: A) Performance Standards: The following performance standards shall apply to the subject property: 1) That access to Kebbie Drive to the commercial property be eliminated. 2) That a 20-foot wide green space buffer be provided along the common boundary with the R-1 Single -Family Residential zoning district. 3) That a six (6) foot high stockade fence with 100% opacity be installed and arborvitae planted along the fence with five (5) feet spacing and a minimum of three (3) feet in height at planting along the common boundarywith the R-1 Single - Family Residential District. B) Reclassification of the Subject Property. The City of Dubuque, Iowa may initiate zoning reclassification proceedings to the R-4 Multi -Family Residential Zoning District (which rezoning will include the removal of the performance standards in Section A above) if the property owner fails to complete any of the conditions or provisions of this Agreement. C) Modifications. Any modifications of this Agreement shall be considered a zoning reclassification and shall be subject to the provisions of the Zoning Ordinance governing zoning reclassifications. All such modifications must be approved by the City Council of Dubuque, Iowa. D) Recording. A copy of this Agreement shall be recorded with the Dubuque County Recorder as a permanent record of the conditions accepted as part of this rezoning approval within ten (10) days of the adoption of Ordinance No. 45-07. E) Construction. This Agreement shall be construed and interpreted as though it were part of Appendix A of the Code of Ordinances of the City of Dubuque, also known as the Zoning Ordinance of the City of Dubuque, Iowa. F) This Agreement shall be binding upon the undersigned and his/her heirs, successor and assignees. ACCEPTANCE OF ORDINANCE NO. 07 I, Roger G. Klauer, joint property owner, having read the terms and conditions of the foregoing Ordinance No. -07 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this day of c% 2007. ACCEPTANCE OF ORDINANCE NO. el" 07 I, Kathleen M. Sullivan, joint property owner, having read the terms and conditions of the foregoing Ordinance No. -07 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this day of 2007. By Kathleen M. Sullivan ACCEPTANCE OF ORDINANCE NO. *' 07 I, Pamela A. Triolo, joint property owner, having read the terms and conditions of the foregoing Ordinance No. `/25,.-07 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this /11 day of 2007. ■ S' � r � "I �W11' _ • • �� 16 16�,5 j 473 9 1 5 1610 63 1 162 1620 1 25 4F 1630 1622 I m 161� LU 1620 �1� Y 1619J ft-1F 1 06 130 (( 1 10 3n 5 1 II j�j R-4 I ' 3EQ iiH 3530 �} 1539 1587 1582 3�520 5511540154 1r�r 1585 1550 77R-2 1525 1 l 1575 3505 _J 5201530151 i -3 1531 i I C-3 15 I ❑ OS � i ii II 124 1055 C PC 1175 � .I 10 102 I \ 3.. 008 ,, 9r64,,(� H 3455 3455 3455 3455 U, ; Applicant: Roger Klauer Location: Bies Drive Description: To amend condition outlined in Section 2.6 Ordinance 56-01 to allow permanent vehicle access onto Bies Drive. r Legend Proposed Area to be Rezoned City zoning Boundary Dubuque THE CITY OF IQ DUB E AIIAmerica Cily ; ,111E 2007-2012.2013 2017*2019 Masterpiece on the Mississippi Vicinity Map City of Dubuque Applicant: Dave Frommelt, American Realty Location: Bies Drive Parcels: 1028206011 and 1028206012 Description: To rezone from C-3c General Commercial zoning district with conditions to PR Planned Residential zoning district to allow for the development of a multi -family residential development. ® Subject property N 200 400 n Feet ,L\i 1:2, 500 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: 11/05/2021 and for which the charge is 37.50 Su scribed to before me, a Not blic in and for Dubuque County, Iowa, this 5th day of November, 2021 \ ` Notary b is in and for Dubuqut County, Iowa. RIME 9659, 2022 Ad text : CITY OF DUBUQUE, IOWA OFFICIAL NOTICE PUBLIC NOTICE is hereby given that the Dubuque City Council will conduct public hearings on the 15th day of November, 2021, at 6:30 p.m., in the Historic Federal Building, 350 W. 6th Street, 2nd floor, Dubuque, Iowa, on the following: REZONINGS (3) 1. Request from Dave Frommelt, American Realty, to rezone property located at Bies Drive from C-3c General Commercial zoning district with conditions to PR Planned Residential zoning district to allow for the development of a multi -family residential development. 2. Request from Denise Foht to rezone property located at the corner of Peru Road, Louise Street, and Monroe Avenue from R-1 Single -Family Residential zoning district to R-3 Moderate Density Multi -Family Residential zoning district to accommodate an off -premise residential garage. 3. Request from Jeff Adams to rezone property located at 1597 Delhi Street from ID Institutional zoning district to C-2 Neighborhood Shopping Center zoning district. At the meeting, the City Council will receive oral and written comments from any resident or property owner of said City to the above action. The official agenda will be posted the Friday before the meeting and will contain public input options. The City Council agenda can be accessed at https://cityofdubuque.novusagenda.com/AgendaPublic/ or by contacting the City Clerk's Office at 563-589-4100, ctyclerk@cityofdubuque.org. Written comments regarding the above public hearings may be submitted to the City Clerk's Office via email at ctyclerk@cityofdubuque.org or by mail to City Clerk's Office, City Hall, 50 W. 13th St., Dubuque, IA 52001, before said time of public hearing. At said time and place of public hearings the City Council will receive any written comments. Copies of supporting documents for the public hearings are on file in the City Clerk's Office and may be viewed Monday through Friday between 8:00 a.m. and 5:00 p.m. Individuals with limited English proficiency, vision, hearing, or speech impairments requiring special assistance should contact the City Clerk's Office at (563) 589-4100, TDD (563) 690-6678, ctyclerk@cityofdubuque.org as soon as feasible. Deaf or hard -of -hearing individuals can use Relay Iowa by dialing 711 or (800) 735-2942. Adrienne N. Breitfelder City Clerk It 11/5 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: 11/19/2021 and for which the charge is 111.69 Subscribed to before me, a Notary Pu ' n and for Dubuque County, Iowa, this 19th day of November, 2021 O Notary Pu li in and for Dubuque dowaty, Iowa. JANET K. PAPE J. F-1 Cormmtisslon Number 199859-,-- My Comm. Exp, DEC 11, 2022 Ad text : OFFICIAL PUBLICATION ORDINANCE NO. 39-21 AN ORDINANCE AMENDING TITLE 16 OF THE UNIFIED DEVELOPMENT CODE OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT BIES DRIVE FROM C-3C GENERAL COMMERCIAL WITH CONDITIONS TO PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PR PLANNED RESIDENTIAL DISTRICT DESIGNATION AND ADOPTING A CONCEPTUAL DEVELOPMENT PLAN FOR TWO 28-UNIT MULTI -FAMILY RESIDENTIAL BUILDINGS WITH DETACHED GARAGES 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 C-3c General Commercial District with conditions 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: Lots 4 and 5 of C.J. Bies Subdivision #2, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. 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 two 28-unit multi -family residential buildings. 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 40 feet shall be allowed in this Planned Residential District. 1. "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 provided based on the approved conceptual plan. 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 number, size, and design of parking spaces shall be governed by applicable provisions of the Unified Development Code Section 13-3 Site Development Regulations. f."The number, size, design, and location of parking spaces designated for persons with disabilities shall be according to 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 134 Landscaping and Screening Requirements of the Unified Development Code. 4."Storm Water Management The developer of each lot 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 to properties in the PUD District. 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. Screens built on sloping grades shall be stepped so that their top line shall be horizontal. 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 The conceptual development plan shall serve as the preliminary plat for this PUD District. 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 1. "Signs in the Planned Residential District shall be regulated in accordance with the R-4 Multi -Family Residential Zoning District 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 1. "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. " I."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. 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 15th day of November 2021. /s/Roy D. Buol, Mayor Attest: /s/Adrienne Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 19th day of November, 2021. /s/Adrienne N. Breitfelder, City Clerk It 11/19