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Request to Rezone Pennsylvania Avenue Parcels from AG Agriculture to OR Office Residential_HearingCity of Dubuque City Council Meeting Public Hearings # 01. Copyrighted October 17, 2022 ITEM TITLE: Request to Rezone Pennsylvania Avenue Parcels from AG Agriculture to OR Office Residential SUMMARY: Proof of publication on notice of public hearing to consider City Council approval of a request from Tara Duggan to rezone property located at Pennsylvania Avenue, P I N 1019376001 and 1019400009, from AG Agriculture to OR Office Residential, and Zoning Advisory Commission recommending approval. SUGGESTED DISPOSITION: ATTACHMENTS: Description ZAC Letter to Council Ordinance Application Vicinity Map Bahl Farm Letter Staff Report ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described parcels of land located along Pennsylvania Avenue within the City of Dubuque from AG Agriculture District to OR Office Residential District Suggested Disposition: Receive and File; Motion B; Motion A AG Agriculture Zoning OR Office Residential Zoning Staff Presentation Type Staff Memo Ordinance Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation 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 THE CF DIUj___B E Masterpiece on the Mississippi The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 13th Street Dubuque IA 52001 Applicant: Tara Duggan Location: Pennsylvania Avenue, PIN 1019376001 & 1019400009 Description: To rezone from AG Agriculture to OR Office Residential Dear Mayor and City Council Members: Dubuque �II•Aneiiq ®q wnxuE nr.ic II 2007,2012.2013 2017*2019 October 6, 2022 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, Tara Duggan, explained her request to the Commission. She noted they recently purchased the land along Pennsylvania Avenue from Bahl family. She explained that they intend to follow the City's comprehensive plan to have a residential development here. She noted that along Pennsylvania near the industrial park would be light office, and behind that would be residential. She stated they own two parcels located north of the property to be rezoned, that will remain AG Agriculture and be farmed for the time being. She explained they are working with City Engineering and utilities regarding changes to Pennsylvania Avenue, such as widening and reducing grades, which will happen eventually, but these improvements are not currently budgeted. Staff reviewed the staff report, noted the proposed change in zoning, discussed the history of the property, and listed the surrounding land uses. Staff noted that the proposal is in alignment with the City's comprehensive plan and Future Land Use Map, which shows this area as multi -family residential. Staff described the subsequent steps in the development process, including extending utilities, site plan review, and platting, which would review many aspects such as access, parking, grading, screening, paving, park land, stormwater management, water connection, sanitary sewer connection, fire safety, and more. He confirmed that the two parcels to the north would continue to be zoned AG and any future development would require a rezoning, platting, and site plan review. The sole public comment discussed concerns about the two adjacent parcels to the north, asking if this approval would confer or ease the transition to the same zoning to those parcels and noted concern about future development of high -density housing, Service People Integrity Responsibility Innovation Teamwork The Honorable Mayor and City Council Members Page 2 traffic on Pennsylvania Avenue, access to schools in this area with no sidewalks, and whether this area even qualifies for OR zoning. He concluded by stating they were not under the impression that the area won't be developed, but as a nearby neighbor wants to have influence on how it gets developed. The Zoning Advisory Commission discussed the request, asking whether OR was appropriate given the OR preamble states it was not intended for undeveloped areas of the city and asked whether a PUD would be better for controlling the development. Staff responded to Commission's questions by reading the remaining parts of the preamble which noted the OR district was intended for transitional zones, lower intensity office and higher density residential uses, and for developments that abut a collector street. He stated that the IDOT classifies Pennsylvania Avenue as a Collector Street. The Commission also noted that this is essentially infill development and pointed out the lack of housing in the community and the importance of building more. Recommendation By a vote of 6 to 0, the Zoning Advisory Commission recommends that the City Council approve the request. A simple majority vote is needed for the City Council to approve the request. Respectfully submitted, Rich Russell, Vice Chairperson Zoning Advisory Commission Attachments CC' Airborne Investments, LLC, 11672 Airborne Rd., Dubuque, IA 52003 Service People Integrity Responsibility Innovation Teamwork Prepared by: Wally Wernimont City Planner Address: City Hall, 50 W. 13th St Telephone: 563-589-4210 Return to: Adrienne Breitfelder, City Clerk Address: City Hall, 50 W. lath St Telephone, 563-589-4121 ORDINANCE NO. 33-22 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PARCELS OF LAND LOCATED ALONG PENNSYLVANIA AVENUE WITHIN THE CITY OF DUBUQUE FROM AG AGRICULTURE DISTRICT TO OR OFFICE RESIDENTIAL DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is hereby amended by reclassifying the hereinafter described property from AG Agriculture to OR Office Residential to wit: Lot 1 of the south east 1/4 of the south west 1/4, in Section 19, Township 89 North, Range 2 of the 5th P.M. and Lot 2 of LORETTA BAHL'S HOMESTEAD, all in the City of Dubuque, Iowa. Section 2. That the foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This Ordinance shall take effect immediately upon publication as provided by law. Passed, approved, and adopted this 17th day of October 2022. B Brad M. E anagh, Mayor ATTEST: By: Adrienne N. Breittelder, City Clerk Dubuque OF THE CtUB D E JUft III IImn11 II 20U7,2012.2013 2017*2019 Masterpiece on the Mississippi 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 ORezoning/PUD/ID ❑Major Site Plan ❑Historic Housing Grant Please tune or Drint leaibly in ink City of Dubuque Planning Services Department Dubuque, IA 52001-4845 Phone:563-589-4210 Fax: 563-589-4221 planning cityofdubuque.org ❑Certificate of Appropriateness ❑Advisory Design Review (Public Projects) ❑Certificate of Economic Non -Viability ❑Historic Designation ❑Demolition ❑Port of Dubuque /Chaplain Schmitt Island Design Review Property owner(s): Airborne Investments, LLC phone: 563-583-4633 Address:11672 Airborne Rd. City: Dubuque State: IA Zip: 52003 Fax #: cell #: 414-731-0414 E-mail: tara.duggan@mcdermottexcavating.com Applicant/Agent: Tara Duggan Phone: 414-731-0414 Address:11082 English Mill Rd. city: Dubuque state: IA Zip:52003 Fax #: cell #: 414-731-0414 E-mail: tara.duggan@mcdermottexcavating.com Pennsylvania Ave, N side between Heacock & Sieppel Site location/address: Neighborhood Association: Existing zoning: AG Proposed zoning: OR District: Landmark: ❑ Yes ❑■ No Legal Description (Sidwell parcel ID# or lot number/block number/subdivision): 1019376001 & 101940009 Total property (lot) area (square feet or acres): 67.64 Acres Describe proposal and reason necessary (attach a letter of explanation, if needed): In the City's 2017 Comprehensive Plan, this area is indicated as future multi -family use. We intend to develop the property into a residential area and will likely want to include some office space along the south side of the property to serve as a transition area between the industrial park and the homes. 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. Propertyyowner(s): Airborne Investments, LLC Applicant/Agent: Tara Duggan, President FOR OFFICE USE ONLY — APPLICATION SUBMITTAL CHECKLIST Date: 08/26/2022 Date: 08/26/2022 Fee: $470 Received by: Shena Moon Date: 9/1/2022 Docket: Ck 5178 i A ��► � . p f W U' _ ~�� PANG r`, August 25, 2022 Re: Bahl Family Farm, Dubuque County parcels 1019376001 & 1019400009 Dear Neighbor, As you may have heard, our company, Airborne Investments, recently purchased the above -referenced parcels from the Bahl Family. Although this property is located within the City of Dubuque, you are receiving this communication because your property is in close proximity to these two parcels. Our intent is to someday develop the parcels to provide more housing in Dubuque County. Our affiliated business, McDermott Excavating, has decades of experience developing residential subdivisions throughout Dubuque, Asbury, New Vienna and Dyersville, and feel this property will make a great neighborhood for lots of local families. We are working with the City on things such as extending recreational trails, preserving natural waterways, increasing the safety of Middle Road and expanding access to public transportation and utilities. All of these improvements will benefit the entire area, including yourselves. The first step in such a development is rezoning. The property is currently zoned A-1, Agricultural. For decades, the Bahl Family has done a wonderful job of planting the farm and taking care of the land. As we look to grow our community, the workforce needs places to live and we intend provide that on this farm. Our application to the City of Dubuque is going to request that they change the zoning designation to OR, Office Residential. This category is intended to serve as a transition from Commercial (across Middle Road where the industrial park lies) to residential, which will make up the majority of the future development. The OR zoning provides some flexibility to include some limited types of office usage. This could include a medical office or a hospice facility, among other things. It is our intent that some of this office space would be located along Middle Road, with the residential areas further from the road. We are in the very preliminary stages of development but wanted to keep you in the loop about our plans. We have had several discussions with the City of Dubuque about the property and it is included in the City's 2017 Comprehensive Plan having a future best use as multi -family housing, so we believe we are on the same page as the City regarding the development. We look forward to being your neighbor. If you have any questions or concerns, please don't hesitate to reach out to me at 563-583-4633 or tara.duggan@mcdermottexcavating.com. Regards, Tara & Bo Duggan Airborne Investments REZONING STAFF REPORT Zoning Agenda: October 5, 2022 Property Address: Pennsylvania Ave, PIN 1019376001 & 1019400009 Property Owner: Airborne Investments LLC Applicant: Tara Duggan Description: To rezone from AG Agriculture to OR Office Residential. Proposed Land Use: Office Residential Existing Land Use: Agriculture Adjacent Land Use: North —Agriculture (AG) East — AG/Cell Tower/SF Res. South — Vacant West — Single -Family Residential Former Zoning: Prior to 2003 — County A-1 2003 — AG Agriculture Total Area: Approximately 68 acres Proposed Zoning: OR Existing Zoning: AG Adjacent Zoning: North — AG East — AG South — PUD PI West — City of Asbury Residential Property History: The subject property is comprised of two parcels, both of which have been used as agriculture fields historically. The property was zoned as AG Agriculture upon annexation into the City of Dubuque in 2003. Physical Characteristics: The subject property is comprised of two parcels, which total approximately 68 acres in area. Both parcels have historically taken access from the adjacent property at 6805 Pennsylvania Avenue which is currently owned by the City of Dubuque. The subject properties slope downhill approximately 60 ft at a grade of approximately 4% from north to south. The western parcel slopes generally to the southwest while the eastern parcel slopes generally to the southeast. The eastern parcel contains a free-standing shed, and both parcels are utilized primarily as agricultural crop ground and do not have improved roads. Concurrence with Comprehensive Plan: The Comprehensive Plan goals promote a mix of housing and mixed -use development. The goals also recommend multi -family development in proximity to jobs to minimize transportation costs and recommends buffering non -compatible uses from each other. The proposed rezoning would create the opportunity for a mix of office and residential units within proximity to jobs within the Dubuque Industrial Parks to the south and other commercial areas throughout the area. Future Land Use Map — Multi -Family Residential Rezoning Staff Report —Pennsylvania Ave, PIN 1019376001 & 1019400009 Page 2 Impact of Request on: Utilities: City Sanitary sewer is available just southeast of the site along Pennsylvania Avenue. Per the annexation agreement with the City, utilities including water and sanitary sewer, will be extended to the property within one year of an approved subdivision plat. Traffic Patterns/Counts: The 2021 Iowa Department of Transportation traffic counts indicate an average daily traffic count of 3,730 along this section of Pennsylvania Avenue. Pennsylvania Avenue is classified as a major collector. Public Services: Public services such as emergency services and trash collection are adequate to serve the site regardless of the use. Environment: The proposed rezoning request is being made to allow for mixed -use development on the subject property. The proposed development would be required to submit Site Improvement Plans and a Subdivision Plat, both of which must be reviewed through the development review process. This is a multi -step process during which the proposed project would be subject to review by the City's Development Review Team (DIRT). The DRT is comprised of multiple City Departments including Engineering, Planning, Water Distribution, Fire, Police, Housing & Community Development, and Leisure Services. Site Improvements and Subdivision Plats are reviewed by all relevant departments regarding access, parking, grading, screening, paving, park land, stormwater management, water connection, sanitary sewer connection, fire safety, and more. Additionally, Subdivision Plats would require review by the Zoning Advisory Commission and the City Council. It is anticipated that any effects on the environment would be mitigated through the review process and appropriate site development plans. Adiacent Properties: The subject parcels are bordered by Pennsylvania Avenue and industrial uses to the south, a single-family residence, cell tower, and agricultural property to the east, agricultural fields to the north, and single-family properties to the west. Establishment of the OR Office Residential zoning district would help create a transitional use area between the industrial uses to the south and low -density residential to the northeast and west of the subject parcels. CIP Investments: None currently. However, the City intends to extend sanitary sewer and water to the subject property within one year of an approved subdivision plat forthe subject parcels. Staff Analysis: The applicant proposes to rezone the subject property from AG Agriculture to OR Office Residential to accommodate future development that would include a mix of housing types and office uses. The subject property is comprised of two parcels, totaling approximately 68 acres, both of which have been used as agriculture fields historically. The properties were annexed into the City of Dubuque in 2003 with an AG Agriculture zoning district designation. Rezoning Staff Report —Pennsylvania Ave, PIN 1019376001 & 1019400009 Page 3 The subject properties are bordered by Pennsylvania Avenue and industrial uses to the south, a single-family residence, cell tower, and additional agricultural property to the east, agricultural fields to the north and single-family properties to the west. Given the permitted uses are generally low -intensity type uses or residential in nature, establishment of the OR Office Residential zoning district should create a buffer between the industrial zoning/uses to the south and the low -density residential to the northeast and west. The proposed development would be required to submit Site Improvement Plans and a Subdivision Plat, both of which must be reviewed through the development review process. This is a multi -step process during which the proposed project would be subject to review by the city's Development Review Team (DRT). The DIRT is comprised of multiple City Departments including Engineering, Planning, Water Distribution, Fire, Police, Housing & Community Development, and Leisure Services. Site Improvements and Subdivision Plats are reviewed by all relevant departments regarding access, parking, grading, screening, paving, park land, stormwater management, water connection, sanitary sewer connection, fire safety, and more. Additionally, Subdivision Plats (Preliminary & Final) would require review by the Zoning Advisory Commission and the City Council. Any effects on the environment would be mitigated through the review process and appropriate site development plans. Staff has attached section 16-5-7 of the Unified Development Code which includes a list of permitted uses in the OR Office Residential zoning district. Planning staff recommends that the Zoning Advisory Commission review the information provided at this public hearing and make a recommendation on the requested rezoning to the City Council in accordance with Chapter 16-9-5 of the Unified Development Code and the criteria established for granting a zoning reclassification. Prepared b Reviewed: Date: 9/29/22 Section 2—Land Use Regulations Chapter 5: Zoning Districts Winery Seasonal sale of produce grown on site 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. 5-21.1 Prohibited Uses The following uses are prohibited in the AG district: 1. Feedlot 2. Livestock confinement operation 5-21.2 Principal Permitted Uses The following uses are permitted in the AG district: 1. Farming and agriculture, including the raising of field crops and livestock, horticul- ture, forestry, animal husbandry, and similar farming activities 2. Noncommercial nursery 3. Railroad or public or quasi -public utility, including substation 5-21.3 Conditional Uses The following conditional uses may be permitted in the AG district, subject to the provi- sions of Section 8-5: 1. Kennel 2. Retail sale of agricultural products 3. Wind energy conversion system 4. Winery 5-21.4 Accessory Uses The following uses may be permitted as accessory uses as provided in Section 3-7: 1. Barbed wire or electric fences when used for livestock containment 2. Barn, shed or similar structure 3. Seasonal sale of produce grown on site 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) 5-21.5 Temporary Uses Temporary uses shall be regulated in conformance with the provisions of Section 3-19. 5-21.6 Parking Minimum parking requirements shall be regulated in conformance with the provisions of Chapter 14. 5-21.7 Signs Signs shall be regulated in conformance with the provisions of Chapter 15. 5-21.8 Bulk Regulations Reserved for future use me CM ar DUB E Section 2—Land Use Regulations Chapter 5: Zoning Districts ---- 1 I 1 1 1 1 ----------------------� Property Line 1 1 � � 1 ; ' 1 1 Lot Width � 1 1 � 1 1 ; i 1 1 m 1 � f � Lot I Area 1 �— Lot frontacjeNJ Street me CM aF ---------------------- - auddable Area I � I � 1 ; I m 1 Cu Street —T � Midpoint Height 1 1 5hed Roof Midpoint Height Gable or Hip Roof Qecklme Height Mansard or Gambrel Roof Highest Level F1 Height 4 Flat Roof Section 2-Land Use Regulations Chapter 5: Zoning Districts Townhouse General office Group home Wind energy conversion system me CM ar 5-7 OR Office Residential The OR District is intended to serve as a transition zone between commercial and single - and two-family residential areas permitting adaptive reuse of existing building stock, which will normally be residential in character. This OR District is not intended to have any application in undeveloped or newly developing areas of the City or on land made vacant through intentional demolition. Development standards remain flexible to allow conservation and reuse of existing buildings. This district should be located in areas abutting arterial and/or collector streets which are, because of location and trends, suita- ble for development of low intensity office uses, and high intensity residential uses. 5-7.1 Principal Permitted Uses The following uses are permitted in the OR District: 1. Art gallery, museum or library 2. Artist studio 3. General office 4. Hospice 5. Housing for the elderly or persons with disabilities 6. Medical office 7. Mortuary or funeral home 8. Multiple -family dwelling 9. Nursing or convalescent home 10. Parking structure 11. Place of religious exercise or religious assembly 12. Public, private, or parochial school approved by the State of Iowa (K-12) 13. Railroad or public or quasi -public utility, including substation 14. School of private instruction 15. Single- or two-family dwelling unit within an existing structure only 16. Townhouse (two or more laterally attached units) 17. Licensed child care center 18. Community Gardens 19. Registered Child Development Home 5-7.2 Conditional Uses The following conditional uses are permitted in the OR district, subject to the provisions of Section 8-5: 1. Bed and breakfast home 2. Bed and breakfast inn 3. Group home 4. Licensed adult day services 5. Off -premises residential garage 6. Off-street parking 7. Photographic studio 8. Private club 9. Rooming or boarding house 10. Tour home 11. Tourist home 12. Wind energy conversion system 13. Accessory dwelling unit 5-7.3 Accessory Uses The following uses are permitted as accessory uses as provided in Section 3-7: 1. Crematorium accessory to a mortuary or funeral home 2. Detached garage 3. Fence 4. Garage sale; no more than three per calendar year or three consecutive days per sale Section 2—Land Use Regulations Chapter 5: Zoning Districts 5. Home -based business 6. Noncommercial garden, greenhouse or nursery 7. Off-street parking and storage of vehicles 8. Satellite receiving dish 9. Solar collector 10. Sport, recreation, or outdoor cooking equipment 11. Storage building 12. Tennis court, swimming pool or similar permanent facility 13. Wind turbine (building -mounted) 14. Solar Collector (freestanding array[s] are limited to not more than 100 aggregate square feet and 10 feet in height). 5-7.4 Temporary Uses Temporary uses shall be regulated in conformance with the provisions of Section 3-19. 5-7.5 Parking Minimum parking requirements shall be regulated in conformance with the provisions of Chapter 14. 5-7.6 Signs Signs shall be regulated in conformance with the provisions of Chapter 15. 5-7.7 Bulk Regulations me CM ar Dub E THE CFTY DL Section 2—Land Use Regulations Chapter 5: Zoning Districts R • --.- Min Lot - Min Lot Max Lot Front Frontage Coverage Setbacks Min Side Min Rear Height Max Perrni d Uses General office — — 50 1 20 — 3 1 f 0 40 Hospice 5,000 50 50 20 — 3 10 40 Housing for the elderly or disabled 10,000 — -- — — 31 10 40 Medical office — — 50 20 — 3 10 40 Mortuary, Funeral home — — 50 20 — 31 10 40 Muiti-family 1,2001du 50 50 20 — 3 10 40 Nursing orconvelescenthome 10,000 100 50 20 — 3' 10 40 Place of reliaious exercise or assembly, School 20,000 100 50 20 — 3 10 752 Single-famfiydelached dwelling 5,000 50 50 20 5G 3 10 40 Townhouse 12001du 1 16mu 1 50 1 20 1 — r 3A r i010 1 40 Two-famtlydwelling 5,000 50 50 20 50 3 10 40 All other permilled uses — — 50 20 — 3 10 40 Conafonat Us" Bed and breakfast home 5,000 50 50 20 50 3 10 40 Bed and breakfast inn — — 50 20 5o 3 10 40 Group home 5,000 50 50 — — 3 10 40 Licensed adult day services, Licensed child care center 5,000 50 50 20 — 3 10 40 Off premise residential garage — — 50 20 — 3 10 15 Photographic studio — — 50 20 — 3 10 40 Private dub — — 50 20 — 3 10 40 Rooming or boarding house 5,000 50 50 20 — 3 10 40 ' When abulling a residential district, a six footside setback is required. Maybe ereclBd to a height not exceeding 75 fast, provided thatsuch buildings shall provide at least one additional foot of yard space on all sides for each additional foot bywhich such building exceeds the mabmum height limitofthe district in which it is tocaQad. --- - -�---- ----- Re-uiredRear - - --------------- -- Midpoint Height 5etback k b Lot Area ' Shed Roof i a Midpoint height Gable or Hip Roof Deckline ' fMan5arambrel Height Required F nt ; ' Setback Lot Width Roof —Tliighest Level nLItontage lieiciht 5treet 5treet Flat Roof 1 OF JB E Rezoning of Property (Parcels 1019376001 & 101940009) from AG Agriculture to OR Office Residential. Staff Presentation to City Council October 17, 2022 ., , s i G ,r yv. r��.t x. a fd Dubuque T1 UE Cr Y OF I 604 DLJB E ;illlr zooa�o-rraoia Alm ferpwce on the Mississippi 2d17.2619 Vicinity Map ku x AG ;� 1, 1 r L " Ilk { 101937G0a1 1019400009 r AGJRROD r Applicant: Tara Duggan Location: Pennsylvania Avenue, PIN 1019376001 & 1019400009 R-1 #�- Request type: Rezoning -Traditional CS Description: To rezone from AG Agri cultuee to -� - OR Office Residential- R-2 Pi •��'- AG R-1 rY. R-2 LI CS y PI Subject Property City limits N k 0 501E 1.000 2,000 R,4 C-3 CS .err up C ty 0-C4v .q,i&"A Feel 1 -0,ti50 Questions . STATE OF IOWA SS: DUBUQUE COUNTY CERTIFICATE OF PUBLICATION I, Kathy Goetzinger, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: 10/07/2022 and for which the charge is 33.12 Leis%y611/`"C Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this 7th day of October, 2022 Notary P in and for Dubuque County, Iowa. JANET K. PAPE Commission Number 199889 6y Comm, Exp. DEC 11, 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 17th day of October, 2022, at 6:30 p.m., in the Historic Federal Building, 350 W. 6th Street, 2nd floor, Dubuque, Iowa, on the following: REZONINGS 1. "Request from Tara Duggan to rezone property located at Pennsylvania Avenue, PIN 1019376001 & 1019400009 from AG Agriculture to OR Office Residential. AMEND PLANNED UNIT DEVELOPMENT 1. "Request from Talon LLC/Robert Smith, VP Development for property located at Plaza Drive, PIN 1017200012 to amend a Planned Unit Development to include PR Planned Residential. 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 10/7 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: 10/21/2022 and for which the charge is 18.62 7he7--0, ''-f&-'—. Subscribed to before me, Notary Public i and for Dubuque County, Iowa, this 24th day of October, 2022 Notary Puin and for Dubuque Coilnty, Iowa. JANET K. PAPE Commission Number 199859 GNP Mv Comm. Exp. DEC 11, 2022 Ad text : OFFICIAL PUBLICATION ORDINANCE NO. 33-22 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PARCELS OF LAND LOCATED ALONG PENNSYLVANIA AVENUE WITHIN THE CITY OF DUBUQUE FROM AG AGRICULTURE DISTRICT TO OR OFFICE RESIDENTIAL DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is hereby amended by reclassifying the hereinafter described property from AG Agriculture to OR Office Residential to wit: Lot 1 of the south east 1/4 of the south west 1/4, in Section 19, Township 89 North, Range 2 of the 5th P.M. and Lot 2 of LORETTA BAHLS HOMESTEAD, all in the City of Dubuque, Iowa. Section 2. That the foregoing amendment has heretofore been reviewed by tlw 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 17th day of October 2022. /s/Brad M. Cavanagh, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 21st day of October, 2022. /s/Adrienne N. Breitfelder, City Clerk 1t 10/21