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Request to Rezone Holy Spirit Parish Property - 2900 Block of Davenport St._Nativity Church Copyrighted June 18, 2018 City of Dubuque Public Hearings # 3. ITEM TITLE: Request to Rezone Holy Spirit Parish Property in the 2900 Block of Davenport Street SUMMARY: Proof of publication on notice of public hearing to consider a request from Korrin & SeanSchriver/ Holy Spirit Parish to rezone approximately 4.5 acres of Holy Spirit Parish property in the 2900 Block of Davenport Street from R-1 Single-Family Residential Zoning District to AG Agricultural Zoning District with conditions and the Zoning Advisory Commission recommending approval as a conditional rezoning. ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 2900 Block of Davenport Street from R-1 Single-Family Residential District to Ag Agricultural District, with conditions as established in the attached Memorandum of Agreement SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion A ATTACHMENTS: Description Type ZAC letter Staff Memo Applicant material Supporting Documentation Vicinity Map Supporting Documentation Staff material Supporting Documentation Memorandum of Agreement Supporting Documentation Ordinance Ordinance Suggested Nbtion Wording Supporting Documentation Plannntg Seivices Dep�rhnent City E�Iall Dubuque 50 West 13�h Street THE CITY Oi � Dubuque,IA 52001-4864 uhAnermCiry (563)589-4210 phone � V L L 1��I�I�1 (563)589-4221 fax (563)690-6678 TDD planning��cityofdubuque.org MQStCYf718CC 071 f�1C M15SZSS1f7p1 m.zot� June 12, 2018 The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 13ih Street DubuquelA 52001 Applicant: Korrin and Sean Schriver/ Holy Spirit Parish Location: 2900 block of Davenport Street Description: Rezoning Request — R-1 Single-Family Residential to AG Agricultural with conditions 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 The applicant, Korrin Schriver, spoke in favor of the request, noting the request is to rezone approximately 4.5 acres of Holy Spirit Parish property from R-1 Single-Family Residential to AG Agricultural to create an urban farmstead. She submitted an updated list of desired uses and conditions for the property. She explained the proposed operation. Sean Schriver, applicant, explained the proposed aquaponics operation. Mary Lou Bahl, representing the property owner, Holy Spirit Parish, spoke in favor of the request. Staff reviewed the staff report, noting the AG Agricultural regulations were enclosed and reviewing the existing site conditions. Staff noted the applicants had submitted additional restrictions at the meeting to those included with the application. Staff noted the topography, access, and vegetation buffers of the site, and the grade changes between Davenport Street, the site, and Central Avenue. I There were no public comments. The Zoning Advisory Commission discussed the request, the types of livestock and the aquaponics operation. The Commission discussed the proposed greenhouse and bulk regulations for height and setbacks with the applicants and staff. Service People Integrily Responsibility Iimovation Teamwork i The Honorable Mayor and City Council Members Page 2 The Commission asked for clarification on the types of fowl that were proposed or could be allowed. The applicants indicated they planned to raise chickens, ducks, and potentially pheasant. Commissioners agreed to limit fowl to not allow ratites, which include ostriches, emus, etc. The Commission discussed the City Code's screening regulations versus the existing i vegetative buffers and grade changes. Recommendation By a vote of 6 to 0, the Zoning Advisory Commission recommends that the City Council � approve the request as a conditional rezoning with the following condition: � 1) That the animals allowed on the subject property be limited to fowl, excluding I ratites (the mostly large, flightless birds with a ratite breastbone — i.e., the ostrich, rhea, emu, cassowary and kiwi), bees, a maximum of five pygmy goats and aquaponics. Conditional Rezoninq Process: In accordance with lowa Code 414.5, the property owner(s) must agree, in writing, to the condition(s) placed on the property. This is accomplished through the attached Memorandum of Agreement referenced in the attached rezoning ordinance. The Memorandum of Agreement is binding on both the property owner(s) and the successors. Consequently, acceptance forms for both Holy Spirit Parish and Korrin and Sean Schriver are attached. A simple majority vote is needed for the City Council to approve the request. A super majority vote is needed for the City Council to remove or amend the condition, or to add conditions. Respectfully submitted, �� Thomas Henschel, Chairperson Zoning Advisory Commission Attachments cc: Mary Rose Corrigan, Public Health Specialist I Scrvice People Integrity ResponsiUility Innovation Teamwoxk Dubu ue Planning Services Department r[-ie Ci"iv oF � City Hall- 50 West 13`"Street 'y—OT1 'IT � pn�nn�srioaCav DUbUqUe, IA 52001-4805 I LJ V i_{ 1 I I � (563)589-4210 phone I I (563)589-4221fax jV1a6tCY�.71CC�OYI t)9C MtS51651ppt �•z��=•aou (563)690-6678 TDD planninq(o�ciNofdubu uq e_org PLANNING APPLICATION FORM ❑Variance ❑Preliminary Plat ❑Simple Subdivision ❑Certifcate 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 Walver ❑Minor Site Plan ❑Historic Revolving Loan ❑Demolition in Conservation Distrids [�Rezoning/PUD/ID ❑Major Site Plan ❑HisToric Housing Grant ❑Port of Dubuque Design Review Please type or print legibly in ink e (� << � P Y � ) / �()�t,� .�✓T r r� �- YC,I/1.�1"1 Phone: �(�a� ,�T�✓ - l�� Pro ert owner s _, aa�s-�i a o , , �,v�� . Addres . � - = .!�r .LCity: ��i�L�'��jC_> l�-�State: �- l�a Zip:� Fax#: .`J�3.5�-/7Gt�Cell �: _ Email: ��-5�c��` �C�1,C��, • �j�� __ � < � 7T —7c ' — Applicant/Agent: I�O�f�'n � ,�['C�t�l X {`)fllX'-v' Phone: :SU%:3 S�tl3 Zl4'lc: � Address: ��:1 � �CiC,N� .X'�"\ c�'fiC- City: I�L.c_�'kt(r1 L�- State: T'k� Zip: S' CK'>� FaX �: ceu �: 5�3 -S"�'13 -7 �(� e-ma�i: _,`�€-'c�r`�<SC l')fl G`�.r"" � c�,�i'1CC/r�CaYYi Site location/address: ZQUO 6LU CIL �A.��t1�h PUT sl�. Neighborhood Association: 1� a Existing zoning:�— � Proposed zoning:�i�{�Distrid: I�D Landmark: � Yes �No Legal Description (Sidwell parcel ID# or lot number/block number/subdivision): 0(�� I�-4'��'�V� � Total property (lot) area (square feet or acres): �.� QG��S Describe proposal and reason necessary (attach a letter of explanation, if needed): T� Q'�ZD(.I� TtZDI`o] � - � �J /�� D �,'�,�-i� �1../ L��6/.1 '��L�h�l STa=_,4.77 W L'C4i GOt.1D 1T1ocJs 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 restridive 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 i,�°me,//:s.:•�n`g=li �� -`�;F�k�� ,� 4. All additional required written and graphic materials are attached. Property Owner(s): Date: [� —`"`� �---_--- � ._.�-.. - \. ,d • d�� .- Applicant�Agent: ; � Date: �`1 �-U � FOR OFFICE USE ONLY- �ATION SUBMITi'-AL f3H CKLIST ( � �; Fe��' Received by: dL' ��r'L ?.�� Date:�� Docket: � G�� l I Z� �� E�k�►�a`�' .�._b �uRMi'[I�p oS� �uN�� ,oc� ZoN�N(r Apvtsort� Rezoning Proposal Outline �pM+►�,tSS�ON M��T�N(s Lott11014281004 Our reason for requesting the lot number listed from residential to agrirultural is to support the creation of an urban farm on these � 5 acres. Along with our applicaYion, I wished to provide a brief overview/insight into our goals for this property. i Our vision for this space includes: I I • Gardens of varying size, all organic that support both our own vegetative production, but space for community gardens or market share gardens (similar to those at Sinsinawa Mound). • Provide space for wildflower planting to support bee hives and honey production. • Other future opportunities include adding a greenhouse(s) to allow for year round growing, including aquaponics and/or hydroponic systems). We will not include: • Cattle or hogs • There will not be a store on sight which would increase the number of public visitors to the area, thus increasing traffic. R�uested Livestock that be allowed on site: • Fowl (chickens, ducks, etc....) • Bees • Pygmy goats (5 or less for purposes of weed management). We are not currently planning to have goats on site, but would like the option if we feel they would allow for herbicide free weed control. This is not a "deal breaker" if it is not allowed we will find other ways to assist in managing weeds. Thank you for your consideration Korrin and Sean Schriver � . . . ' �� DUFMIGUE . � � THE CI'CY OF � , �' �... 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D�.. , P �� / � i � L / -. i � i. i i i �/ �j� 'ir i . �y� �< � ��' l � SUbJeCt Pfop2�ty � eERKLEY PL �i� , -i i m ' I1 — r- � - �� - � �.' � ,. ��. \ �� _ �� i_ I I � � ��—� - '� , ��i i � > � , � Parcels r T'� 7 � � � o �� , � � � � � '- � � . I — � � � � '� �� . � � � �� , /T � � � � � � ?i I � P� � � p�� oisc�nimereins-r r moieausngme Ii P� �ubuque Mea Geog pM1' I f f System(DAGIS�,wMc� N � �� V � I � � I I ' IndutlesCatacree�etlbybotM1lM1aCyofOubuqueentl T . ��FSJ�� / �� " V � � Dubu9ueCaun[y I�' d [ 0[M1 1 til 1� ClYof A � V ` Dbq dprt 'plgg fl dt� tuent � e d 1 � f t I bl �AGIS d't ppl sdo / f � ; �R/� ; � ��` � ��,� �\ . / V� �� nol eta f�M1 e � Y ryoRM1 � f � tla[a �� R�S ' .� � ��'�VA y ��Es� j C�l�' .�� dM1 T� CtY dP � Pt99 M1llnot F V�� N � F � ,' ' F . beheltl�ablafol ytl ct-d � � �tl tl q [iel. o '�, z o soo . sr i.aoo ` M\ Y °r�i� � ��m< ��`. � s �:5,000 � ` �� (�� ! " ,..� \ �4 P te �sPecalOe�ma9aft��athe�fot�seeabl N tl Fee[ � i - �� -S�,A' f TL, �� u itn tl�aortM1 bfryt se�M1i da�aorwrofeny V � � / �� / �� DreacM1otwa2nywM1alsoaer. /��V - A REZONING STAFF REPORT Zoning Agenda: March 7, 2018 Property Address: 2900 Block of Davenport Street Property Owner: Korrin and Sean Shriver/ Holy Spirit Parish Applicant: Same Proposed Land Use: Agricultural Proposed Zoning: AG Existing Land Use: Vacant Existing Zoning: R-1 Adjacent Land Use: North — Residential/Church Adjacent Zoning: North — R-1 East — Church/ Multi-Family Residential East — R-1/OR South — Residential South — R-1 West— Residential West — R-1 Former Zoning: 1934 — SF; 1975 R-2 1985 — R-1 Total Area: 4.7 Acres Property History: The subject property was originally subdivided circa 1890 and purchased by the Archdiocese of Dubuque. The Holy Ghost church, school and ballfields were developed here in 1896. The subject property served as ballfields for the church school. The ballfields remain vacant. Physical Characteristics: The subject property is an approximately 4.7 relatively level vacant lot located behind and below the residences in the 2800 and 2900 block of Davenport Street. The property has a steep access from Davenport Street at its northwest end and a steep platted but unimproved access from Davenport Street in the middle of the lot. The property is partiaily screened by vegetation on all sides. Concurrence with Comprehensive Plan: The 2037 Imagine Dubuque Comprehensive Plan goals encourage the creation of edible landscaping and community gardens. The plan also encourages eco-education programming, mixed- use development and infill development. Impact of Request on: Utilities: All City utilities are available to the property either through direct access to water and sanitary sewer directly from Davenport Street or through an easement across City property to Lemon Street. Traffic Patterns/Counts: There are no traffic counts for Davenport Avenue where access to the subject property will be taken from. Rezoning Staff Report— 2900 Block of Davenport Street Page 2 Public Services: Existing public services are adequate to serve the site. Environment: Staff does not anticipate any adverse impact to the environment provided the site is developed to conform to the City's storm water management and erosion control regulations. Adjacent Properties: The adjacent residential properties located along Davenport Street lie approximately 20 feet above the grade of the subject lot and are partial�y screened by mature trees. These residences have their rear yards oriented toward the subject property and the back side of the houses are approximately 65 feet from the common property line. The adjacent properties to the north are oriented toward Central Avenue, lie approximately 80 below the grade of the subject property and are screened by thick vegetation. Therefore, the potential impacts from the proposed agricultural use should be mitigated by topography, vegetative screening and distance. Staff Analysis: The applicant is requesting to rezone the subject property from R-1 Single-Family Residential to AG Agricultural district. The applicants propose to develop the property for community gardens, wild flower gardens necessary for bee-keeping and hydroponic and aquaponic green houses. The applicants note that they will not use the property to raise cattle or hogs. The subject property is an approximately 4.7 relatively level vacant lot located behind and below the residences in the 2800 and 2900 block of Davenport Street. The property has a steep access from Davenport Street at its northwest end and a steep platted but unimproved access from Davenport Street in the middle of the lot. The property is partially screened by vegetation on all sides. The adjacent residential properties located along Davenport Street lie approximately 20 feet above the grade of the subject lot and are partially screened by mature trees. These residences have their rear yards oriented toward the subject property and the back side of the houses are approximately 65 feet from the common property line. The adjacent properties to the north are oriented toward Central Avenue, lie approximately 80 below the grade of the subject property and are screened by thick vegetation. Therefore, the potential impacts from the proposed agricultural use should be mitigated by topography, vegetative screening and distance. The property formerly served as ballfields for the church and others. The noise, traffic and activity generated by the proposed community gardens should not be excessive and should not exceed that of the former ballfields. However, the AG district allows a broad spectrum of agricultural use, some of which could have significant impacts on the surrounding residences. The keeping of livestock, especially cows, sheep, goats and Rezoning Staff Report - 2900 Block of Davenport Street Page 3 hogs can generate odors and noise that are likely not compatible with the adjacent residential use. Also, retail use, other than that accessory to the principal use, is not permitted in the AG district. Community gardens, greenhouses and low intensity agricultural uses can be I compatible with, and even enhance, residential neighborhoods. Community gardens and greenhouses can also provide a source of healthy, fresh agricultural products for the neighborhood and the community in general. However, the keeping of livestock is often incompatible with those residential uses that are located in close proximity. Any future development of this property will require submittal of a site plan that will be reviewed by the relevant City departments to ensure that the proposed access is safe and functional, that storm water is managed and erosion mitigated, that required parking is provided and that all other City codes and regulations are followed. Staff recommends the Commission review the criteria established in Section 6-1.1 of the Zoning Ordinance regarding granting a rezoning. Prepared by: -.vt - Reviewed: �� Date: �'3�•!0 F'� ,,, �E `?�. h � = - ,-�� — � �,�� `< P _ � �'�'�;. . 01 .. �. �l'��' d.Y� '. "' -,-� . d;. ; ..� �' § , , , ,t,. [ �' �085 `r. 3,. , f-,r -- ! `, 7 "� r`�0 � 0 '� � y � . 1' . -�"ti�;:� _ � ? t E, �- _ , � , � ,. � � '30�,, `;�-q - ; � .a �;, ` - - ��` r � _ _ �, . • � _ �.` ' . '� �, .. . �� - �,..,�,� ,y. ��.,_...,._..-.�, . %' -...�' - �_.: �"-`R. / `4�-A's�`"" " , � . ' . = a - �2 �---e �� 1 �� •�� / . � . . _ . 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'�; '-�j� ' v` .. z.• � rt .`r+ i. �� J �}; � , �� fy,�L�i.N. _ __,. .. �� ; . . � , .:T+k . , , `. � .�,?• . a� . : i � , f � y _ 4. . � .�.- ... � � s�h . . . j �'W3 � .� . �''� .� �r,.. ��;X M}. 3' y ,� ��y , �•�, ` � , �' �°� T� �,. + +(1 . � . 1 �. ii 1' ', ; ' ��. • ; � .�!_�\ t � ' r�.�, � , �' ' •t�'D�' - r •� -� ,�� ( 1 "�.�' P w� � . �. � t!� �.�', � ,> ��• rl ;� �-_ �i � �, ^� ;� ` '` ` '� � rt �, _/ . . '�. . � � '1 • ,� . . , . 1 � . r . ...J� ...- � � :' .�J r il, - .Y . � � p , � _� � �t�' � ' � . •#� ,, , . .� � . � w •c, E, � �-: ' _ �_ _ _ ' ,- '• , • ' , ., _. � ..� . � � �, ' . � ✓_ `.�� L . __ _ . . ., ' _ __ .. .. __3 .�9_ Section 2—Land Use Regulations Article 5: Zoning Districts � 5-21 AG Agriculture �� The AG District is intended to conserve farm land for agricultural purposes and to serve �� as a"holding" zone to prevent the premature development of large land acreages and of recently annexed land for which the most appropriate future use has not yet been deter- - == mined. s�_ _ �� .� _ ... �_,. .'�:� '��.,� � _:; - -- 5-211 Prohibited Uses I Farm,field crops The following uses are prohibited in the AG district: 1. Feedlot 2. Livestock confinement operation i ; 5-21.2 Principal Permitted Uses ��. ` — The following uses are permitted in the AG district: � 1. Farming and agriculture, including Yhe raising of field crops and livestock, horticul- j h�re, forestry, animal husbandry, and similar farming activities � �� ;�i��: , :' 2. Noncommercial nursery � ��.� � 3. Railroad or public or quasi-public Lrtility, including substation .� � Er � '� "��'`y,`h1 �� 5-21.3 Conditional Uses �r:/.:5�`.t ' �.ura!'4�,!'.!�'�� '' "` ` '' • �� The following conditional tises may be permitted in the AG district, subject to the provi- Farm,livestock sions of Section 8-5: j 1. Kennel � 2. Retail sale of agriculhiral products � 3. Wind energy conversion system 4. Winery ---L-.. . ..--- -- . _._ . 5-21.4 Accessory Uses � The following uses may be permitted as accessory uses as provided in Section 3-7: l. Barbed wire or electric fences when ttsed for livestock containment ' 2. Barn, shed or similar structure ' '?�. , ��., , '"„�,� 3. Seasonal sale ofproduce grown on site ��.�,.. ` ��,,�sf y f 4. Single-family detached dwelling, provided it is located on a lot of 10 acres or more and is incidental and subordinate to an active agricultural use it serves � � 5. Wind turbine(building-mounted) � ' * , I �'1°e1'3' S-21.5 Temporary Uses j � Temporary uses shall be regulated in confonnance with the provisions of Section 3-19. t <:., �a __ __--, 5-21.6 Parking .,-= � Minimum parking requirements shall be regulated in conformance wiYh the provisions t` ; _ i �r. ' `: oFArticle 14. ! l"r`�i� - , - i.- ' ^ � 5-21.7 Signs !��`� Signs shall be regulated in conformance with the provisions of Article 15. = 71� Seasonalsale of produce grown on site I I r.�E��7,o. � DUB E Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St Telephone: 589-4210 Return to: Kevin Firnstahl, City Clerk Address: City Hall- 50 W. 13th St Telephone: 589-4121 ORDINANCE NO. 19-18 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 2900 BLOCK OF DAVENPORT STREET FROM R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT TO AG AGRICUILTURAL DISTRICT, WITH CONDITIONS AS ESTABLISHED IN THE ATTACHED MEMORANDUM OF AGREEMENT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is hereby amended by reclassifying the hereinafter described property from R-1 Single -Family Residential District to AG Agricultural District, to wit: Lot 6 Weirich Heights, and to the centerline of the adjoining public right-of-way, all in the city of Dubuque, Iowa. 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 18th day of Ju Attest: Kevir6 Firnstahl, City Clerk Ric W Jones, Presiding Officer MEMORANDUM OF AGREEMENT Pursuant to the Iowa Code Section 414.5 (2017), and as an express condition of rezoning of the property located in the 2900 Block of Davenport Street and legally described as: Lot 6 Weirich Height, and to the center line of the adjoining public right-of-way, all in the City of Dubuque, Iowa. which is the subject of Ordinance No. 19-18, a copy of which is attached hereto and incorporated herein by reference, the undersigned property owner(s) agree(s) to the following conditions, all of which the property owner(s) further agree(s) are reasonable and are imposed to satisfy public needs which are caused directly by the rezoning: A) Conditions: 1) That the animals allowed on the subject property be limited to fowl, excluding ratites (the mostly Targe, flightless birds with a ratite breastbone — i.e., the ostrich, rhea, emu, cassowary and kiwi), bees, a maximum of five pygmy goats and aquaponics. Reclassification of the Subject Property. The City of Dubuque, Iowa may initiate zoning reclassification proceedings to the R-1 Single -Family Residential District 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 Title 16, Unified Development Code, governing zoning reclassifications. All such modifications must be approved by the City Council of Dubuque, Iowa. 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. 19-18. Construction. This Agreement shall be construed and interpreted as though it were part of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code. F) This Agreement shall be binding upon the undersigned and his/her heirs, successors and assignees. ACCEPTANCE OF ORDINANCE NO. 19-18 1, Dwayne Thoman, representing Holy Spirit Parish, property owner, having read the terms and conditions of the foregoing Ordinance No. 19 - 18 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this ,fig t-4 day of 2018. By: State of Iowa ) ss: County of Dubuque ) On this o day of \at , 20, before me, a Notary Public in and for said state, personally app "red _! iA)e_ it;�i (1, to me known to be the person(s) named in and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. \iTC—Ccov-t„,-5-pu Notary Public in tln\e Sate of Iowa My Commission expires: 14--- c LO J PAMELA J. McCARRON Commission Nu bar 772419 My Comm. Exp. - -2iO4 ACCEPTANCE OF ORDINANCE NO. 19-18 I, Korrin Schriver, having read the terms and conditions of the foregoing Ordinance No. 19 - 18 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 State of Iowa ) ss: County of Dubuque ) On this day of .. 2018. Korrin Schriver 20, before me, a Notary Public in and for said sta e, personally appe.. ed Korrin Schriver to me known to be the person(s) named in and who executed t foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. er6 finiutorx} Notary Public in thtate of Iowa My Commission expires: PAMELA J. P cCARRON Commission Numbor 772419 My Comm, Exp. 9 -5. --ani ACCEPTANCE OF ORDINANCE NO. 19 -18 I, Sean Schriver, having read the terms and conditions of the foregoing Ordinance No. 19 - 18 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 e 2018. Bv: State of Iowa ) ss: County of Dubuque ) can Schriver On this �' day of 1 20, before me, a Notary Public in and for said state, personally appe, r' -d Sean Schriver to me known to be the person(s) named in and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. am/a Notary Public in the S e of Iowa My Commission expires: zrit/' PAMELA J. EEAcCARRON Commission Number 772419 My Comm. Exp. 4/-..57-XX Planning Services Department City Hall 50 West 13th Street Dubuque, IA 52001-4864 (563) 589-4210 phone (563) 589-4221 fax (563) 690-6678 TDD planning@cityofdubuque.org Korrin and Sean Schriver 2815 Jackson St. Dubuque IA 52001 THE CITY OF DUB Dubuque AI to rloaClq E 1Jjj' 2013.2017 Masterpiece on the Mississippi RE: City Council Public Hearing — Rezoning Request Dear Applicant: June 14, 2018 The City Council will consider your request to rezone property located in the 2900 block of Davenport Street at a public hearing on Monday, June 18, 2018. Please attend this meeting, or send a representative to the meeting in your place to present your request and answer questions. City Council meetings begin at 6:00 p.m. in the City Council Chamber, 2nd Floor, Historic Federal Building (Post Office), 350 W. 6th Street, Dubuque, Iowa. The Zoning Advisory Commission recommended approval of your request with conditions. If you don't agree with the conditions, please be prepared to discuss your reasons at the public hearing. If you agree to the conditions placed on your rezoning request as described in the enclosed ordinance, please have a Notary witness your signature(s) and date the enclosed acceptance form. There are notaries available at City Hall to witness your signature at no charge. Please return the signed acceptance form to City Clerk Kevin Firnstahl, City Hall, 50 W. 13th Street, by 12:00 p.m. on Monday, June 18, 2018. Please contact the Planning Services Department at (563) 589-4210 if you need more information or have any questions. Sincerely f � Kyle L. Kritz Associate Planner Enclosures cc: Kevin Firnstahl, City Clerk Holy Spirit Parish, 2215 Windsor Ave., Dubuque IA 52001 Service People Integrity Responsibility Innovation Teamwork STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, 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: June 08, 2018, and for which the charge is $26.14. Subscribed to before me this Alta day of CITY OF DUBUQUE, IOWA OFFICIAL NOTICE NOTICE is hereby giv- en that the,, Dubuque City Council will con- duct public hearings at a meeting to com- mence at, 6:00 p.m. on Monday, June 18, 2018, in the Historic Federal Notary Public in and for Dubuque County, Iowa, ,20 ./er. Building, second floor, 350 West 6th Street, on the following Rez9ning's Request by Royal Oaks / Michael Weber to rezone19.23 acres in Silver- Oaks. Estates from' county to R-3'' Moderate Density Mul `ti-Family Residential District in `:conjunction with annexation to the City of Dubuque Request from Korrin & Sean Schriveru / Holy Spirit Parist`to rezone approximately 4.5 acres of Holy Spirit Parish property in the 2900 Blockof Daven- port Street from R-1 Single -Family • Residen- tial Zoning District to AG Agricultural Zoning District with condi- tions. Planned. Unit Devel- opment '` (PUD) Amendments Request' from City of Dubuque to amend the Port Of, Dubuque Plan- ned Unit Development District by adjusting boundaries of,Zone A and Zone B and refer- ence a new Conceptual Development Plan for Zone B. Copies of supporting documents for the pub- lic hearings are on file in the City ,Clerk's Of- Notary Public in and for Dubuque County, Iowa. fice, City Hall, 50 W. 13th St., : Dubuque, Iowa, and may be viewed during normal working hours. Writtencomments re- garding the above pubpub- lic > hearings may be submitted to the City Clerk's Office on or be- fore said time,of public hearing., At said time aplof public heandringsace all interested citizens and parties will be given an oppor- tunity to be heard for or against said 'propos- al.. r ' Any visual "orhearing- impaired persons need- ing specialassistance or persons Vvith special accessibility , needs should contact the City Clerks Office at (563) 589-4100 or TDD (563) 690-6678 at least 48 hours. prior to the meeting. Kevin S. Firnstahl, CMC City Clerk It6/8 MARY K WESTERMEYER Commission Number 154885 My Commission Exp, Feb. 1, 2020 STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, 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: June 22, 2018, and for which the charge is $15.83. u 'f' Subscribed to before me„Notary Public in and for Dubuque County, Iowa, this ca.,...442 day of OFFICIAL' PUBLICATION ORDINANCE NO. 19-18 AN ' ORDINANCE 'AMENDING TITLE.•, 16 -OF ;THE, CITY OP'`! ,DUBU;QUE CODE OF i. ,ORDINANCES,,. UNI- -, FIED, . ' DEVELOPMENT CODE, BY, RECLASSI-, • ?TYINGeHEREINAFTER "; DESCRIBED PROPER - TV LOCATED AT2900 1 :BLOCK 'OF DAVEN-., PORT ,STREET -:'FROM )R-1 SINGLE FAMILY ;RESIDENTIAL, __ -;DIS='I TRICT':TO AG AGRI-, `.CUILTURAL DISTRICT, WITH .. CONDITIONS Section 2, The forego 'AS ESTABLISHED IN 'ins .• amendment has THE' ,'ATTACHED 20 /8 . Notary Public in and for Dubuque County, Iowa. heretofore L'been re - "4"5::""9P," EEM NDUM :. •,OF'•viewed' by the Zoning AGREEMENT Advisory. ' Commission • NONL,'THEREFORE, BE of; -the City, of Dubuque, IT ORDAINED. BY. THE 'Iowa CITY COUNCIL OF THE . Section 3. This ordi CITY ' OFDUBUQUE,, Hance shall` take effect IOWA: immediately upon pub. Section 1. That..Title 16 of the City of lal cation, as roviby w pded • Dubuque Code. of, Ordi- ;passed, approved. and ;l oilmen, Unified ereb I. adopted•this 18th day amend � Code, is hereby, l of tune ,2018 ,, :amended by reclassify- I „ /%Ric W:7or es, • -ing the hereinafter de i Presiding Officer scribed property from I Attest /s/I<ewn S. JJ de ial Di FamilyResl I Firnstahl;CityClerk. ' dential: ral Dlt to AG published officially in Agricultural District, to, the Telegraph! Herald•I wit' newspaper on the 22nd Lot 6 Wemieh Heights, day of'June, 2018. ' ' I' and to the E00,11ine of /s/Kevin S. Firnstahl, the adjoining.., public 1,; :,.,.city Clerk , right -of way, all.In the 4 city of, Dubuque, Iowa ,.jj it 02 MARY K WESTERMEYER Commission Number 154885 My Commission Exp. FOb, i , 2020