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
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Dubuque, IA 52001-4845
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Fax: 563-589�221
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Masterpiece on the Mississippi 2017*2019
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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
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Fee: —1 i--Received by: Date: 1'f Docket:
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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.
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Date:
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Applicant/Agent:
Date:
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FOR OFFICE USE ONLY— APPLICATION SUBMITTAL CHECKLIST
Fee: IV Received by:'��� Date: /1" AltY Docket:
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Dubuque
THE CITY OF VAN
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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
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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.
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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.
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Legend
Proposed Area to be Rezoned
City zoning Boundary
Dubuque
THE CITY OF
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AIIAmerica Cily
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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
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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