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Request to Rezone 1064 and 1070 University Avenue Copyrighted August 21, 2023 City of Dubuque Public Hearings # 05. City Council Meeting ITEM TITLE: Requestto Rezone 1064 and 1070 UniversityAvenue SUM MARY: Proof of publication on notice of public hearing to consider City Council approving a request from Chad Streff to rezone property at 1064/1070 UniversityAvenue from C-2 Neighborhood Shopping Centerto C 3c General Commercial with conditions zoning district to allow for outdoor activities and dining and Zoning Advisory Commission recommending approval with conditions including limits on the hours of operation for any outdoor use, C-2 district signage and bulk regulations, and aside from the bar/tavern use, all uses would be limited to those in the C-2 district and a Memorandum of Agreement would be signed before the rezoning could be finalized. ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by Reclassifying Hereinafter Described Property Located at 1064 UniversityAvenue From C-2 Neighborhood Commercial Shopping Center District to C-3 General Commercial District with Conditions as Established in the Attached Memorandum of Agreement. SUGGESTED Suggested Disposition: Receive and File; Motion B; MotionA DISPOSITION: ATTACHMENTS: Description Type ZAC Letter to Council Supporting Documentation Application Supporting Documentation Ordinance Ordinance Staff Report Supporting Documentation C-2 Neighborhood Shopping Center Zoning Supporting Documentation Regulations Letter of Support Supporting Documentation Petition in Support Supporting Documentation Vicinity Map Supporting Documentation Planning Services Department Du6uque City Hall THE CITY OF � 50 West 13t"Street ��'�� DUB E �n,�.r,, ,� Dubuque,IA 52001-4864 1 I I I (563)589-4210 phone I � (563)589-4221 fax 563 690-6678 TDD za�7*zoiz�zol3 � � Masterpiece an tke Mississippi �al�*�oi� planning@cityof dubuque.org August 7, 2023 The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 13t" Street Dubuque IA 52001 Applicant: Chad Streff Location: 1064/1070 University Avenue. Description: Rezone property from C-2 Neighborhood Shopping Center to C 3c General Commercial with conditions zoning district. Dear Mayor and City Council Members: The City of Dubuque Zoning Advisory Commission has reviewed the above-cited request. The application, staff report, MOA and related materials are attached for your review. Discussion The applicants spoke in favor of the request, noting that they would like to have outdoor activities and dining and that he needed to rezone to do so. There was no public input from the audience, but a note of support from the neighboring radio station and a petition of support from some neighbors were shared with the Commissioners. Staff discussed the staff report, noting that the property is legally nonconforming as a bar in a C-2 district, and that to expand the use outdoors, which is restricted for legally nonconforming uses, the property must be rezoned to C-3 where a bar/tavern is listed as a permitted use. He pointed out that the request is to rezone to C-3 with conditions and the conditions included limits on the hours of operation for any outdoor use, C-2 district signage and bulk regulations, and aside from the bar/tavern use, all uses would be limited to those in the C-2 district. He expressed that this change in zoning should have minimal change to traffic, noise level, and other characteristics of the neighborhood and area. He stated that a memorandum of agreement would be drafted and signed by the property owner before the rezoning could be finalized. Commissioners discussed the request finding the request to rezone with conditions appropriate. Commissioners asked for and received confirmation that the applicant agreed with the proposed conditions. Service People lntegrity Responsibility lnnovation Teamwork The Honorable Mayor and City Council Members Page 2 Recommendation By a vote of 5 to 0, the Zoning Advisory Commission recommends that the City Council approve the request with the conditions and as submitted. A simple majority vote is needed for the City Council to approve the request. Respectfully submitted, d � � � C�,� �` Matthew Mulligan, Chairperson Zoning Advisory Commission Attachments cc: Chad & Kymberly Streff, 1790 Glenwood Ct, Dubuque, IA 52002 Service People Integrity Responsibility lnnovation Teamwork 'FE[E CITY(�F City of Du�uque Planning Services Department D�D � Dubuque, IA 52001-4845 ,[] Phone: 563-589-4210 Fax: 563-584-4221 Mf�tifE'1'�7lf't'E' Uf7. f�dL' l�/IISSIS�1�7�7f lannin ci ofdu6u ue.or � " � • � Zoning Ad�isory Zonina Board of De�efoument Services HEstoric Preservation Commission Commission Adiustment ❑ Annexation ❑ Demolition Review ❑ Amended PUD ❑ Conditianaf llse Permit ❑ Limifed Setback Wai�er ❑ Historic Re�olving Loan � Rezoning/PUD/ID ❑ Special Exception ❑ Site Plan Simple ❑ Certificate of EconomiC Non-Viability ❑ Text Amendment ❑ Variance ❑ Site Plan Minor ❑ Design fteview Certificate of ❑ Simple Subdivision ❑ Appeaf ❑ Site Plan Major Appropriateness ❑ Prefiminary Plati ❑ Simple 5ubdivision ❑ Advisory Design Review (PuE�lic ❑ Major Final Plat ❑ Temporary Use Permit Project5) ❑ Minor Final Plat ❑ Port of Dubuque� ❑ Historic Designation ❑ Waiver from Site Chaplain Schmitt Island �esign Standards Design Review , , , .. . . . , - . . - . . -. . A. Property Information Site Lacatian�Address:�070 University Avenue Legal Description/Parcel ID#/5ubdi�ision: �025� �5��2 Existing Zoning: C-2 Proppsed Zoning; C-3C s�te A�ea (s�ua�e feetlac�es): 451 O Sq, ft. Historic District: _andmark: ❑ Yes ❑ No B. Describe proposal and reason for application (attach a ietter of expianation, if necessary): To_rezone from G2 to C-3 with conditiorts to allow an existing bar as a permitted use. C. Applicant/Agent Informatian Name: Cl�ad StCeff Phane: Address: SamE' City: State: Zip: Email: D. Property Owner(s) Information Nar�Q�s�: STREFF, CHAD A & KYMBERLY A PhQ�e: 563-543-1204 Address; 1790 GLENWOOD CT �i�y: Dubuque state: IA Z;p: 52002 E�,a;E: whiskyrvr@gmail.com E. CertiFcation: I/we,the undersigned, do hereby certify/acknowiedge that: 1, Payrnent daes not guaran�ee appro�al and fees are nonrefundable; �. Alf additional required written and graphic materials are attached; 3.It is the property owner'S respvnsibility to locate property lines and to review the abs#ract far easements and restricti�e co�enant5; and 4.The information submitted herein is true and correct to the best of my/our knowledge and upon submitta! becomes public recard. Appl€cant/Agent: - Rate: � � � L Property Owner(s): Date: (�j�� L • • • • Fee �4'94 Ck#6881 ❑�� ❑�ash Recei�ed f�yTS Date6121123 Prepared by: Wally Wernimont, City Planner Address: City Hall, 50 W. 13th St Telephone: 589-4210 Return to: Adrienne Breitfelder, City Clerk Address: City Hall- 50 W. 13th St Telephone: 589-4121 ORDINANCE NO. 36 -23 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 1064 UNIVERSITY AVENUE FROM C-2 NEIGHBORHOOD COMMERCIAL SHOPPING CENTER DISTRICT TO C-3 GENERAL COMMERCIAL 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, the Unified Development Code, is hereby amended by reclassifying the hereinafter-described property from C-2 Neighborhood Commercial Shopping Center District to C-3 General Commercial District with conditions, to wit: Lot 2 of Lot 4 of the Subdivision of Mineral Lot 80, in the City of ❑ubuque, Iowa, according to the recorded plats thereof, subject to easements of record and to the centerline of the adjoining public right-of-way, 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 21 St day of August 2023. Brad . vanaugh, Mayor Attest: Trish L. Gleason, Assistant City Clerk MEMORANDUM OF AGREEMENT Pursuant to the lowa Code Section 414.5, and as an express condition of rezoning of the property located at 1 a£4 University and legally described as: �.ot 2 of Lat 4 of the Subdi�ision of M�neral Lot 80 in the City of Dubuque, lowa, according to the recorded �lats #hereaf, subject to easements of record and to the centerline of the a�jaining public right-of�way, all in the City of Dubuque, lowa which is the subject of Ordinance No. -23, a copy of which is attached hereto and incorporated here�n by reference, fhe undersigned property owner(s) agree{s) �o the fallowing canditions, al! of which the proper�y 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 tl�e list of Permitted Uses shall be limited to; 1. Appliance sales or service. 2. Artist studia. 3. Automated gas station. 4. Bank, savings and loan, or credit union. 5. Barber ar beauty shap. 6. Bar or Ta�ern 7. Comm�rcial greenhause. 8. Furniture or home furnishing sales. 9. Furniture upholstery or repair. 10. Gas station. 11 . Generaf affice. 12. Golf course. 13. Indoor restaurant, 14. Laundry, dry cleaner, or laundromat. '[5. Licensed childcar� cer�ter. 16. Medical affice. 17. Neighborhood shopping center. 1 S. Parks, public or private, and similar na#ural recreation areas. 19. Photographic studio, 20. Pjace of religious exercise or assembly. 21. RaiEroad or public or quasi-public utilify, includ[ng substatian. 22. Registered child devefopment home. 23. Residential use abo�e the first floor only. 24. Retail sales and service. 25. Schoo! of private 9nstruction, 2) A11 Conditionaf Uses, Parking Requirements, Sign and Bulk Regulations shall comply with the C-2 Neighborhood Shopping Center Zoning Regulations. 3} Accessory Uses: Any use custamarily incid�ntal and subordinate ta th� principal use it ser�es. �) Temporary uses shall be regulafied in confarmance with the provisions of section 16-3-19 of this title. 5} HoUrs of operatior� for outside activities shall b� limited ta 9:00 AM tv 10:00 PM Sunday thru Thursday and 9:00 AM to Midnight on Friday and Saturday. B) Reclass_ification of the Subject Prapert� The City af Dubuque, lowa may initiafe zoning reciassifiication proceedings to the C-2 Neigh�arhood Shopping Center District if the property owner fails to complete any of the conditions or provisions of this Agreement. C) Modificafions. Any modifications of this Agreement shalf be considered a zoning rec[assification ar�d shall be subject to the provisians of the Title 16, Unified Developmer�t Code, governing zoning reclassifications. All such madifications must be appro�ed by the City Courtcil of Dubuque, lowa. D} Recording. A copy of this Agreement sha[I be recorded with the Dubuque County Recorder as a permanent record af the conditions accepted as part af this rezoning approval within ten (10} days of t1�� adoption of 4rdinance No. - 23. E) Construction. This Agreement shall be construed and interpreted as though it were part of Title 16 of the Ci�y of Dubuque Code af Ordinances, Unified De�elopment Code. F) This Agreement sha11 be binding upor� the undersigned and hislher heirs, successors and assignees. ACCEPTANCE �F ORDINANCE NO. - 23 I, Chad A. Streff and Kymberly A. Streff, having read the terms and conditions of the foregoing Ordinance No. -23 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required thereEn. �1 f'c%i + Dated in Dubuque, lowa this � day af �fi�'s�/i�'s�-� , 2023. .--, BIl• �h r './i j� J Cha - , Stre`ff;property owner � _ �� ' Kymberly A. StrefF, property owner �l�� On this day of ,��'��"i;!.1'�� 2023 before me, a Natary Public, in and for said state, persanally appeared had A. Streff and Kymberly A. Streff, to me known to be the persan(s) named in and who executed the foregoing instrument and acknow�edged that they executed the same as their vofuntary act and deed. -��r/'��A�'-'L'�-- �� J�sar� �u�� Not ry Public in the State of lowa � �"�'�n' G�mnfssi�c,n N��mh r 823�49 �t'� !d�Camm,��o. I��._2C� My COlI'1fT11S51011 eXplfES: � � C l ��J REZONING STAFF REPORT Zoning Agenda: August 2, 2023 Property Address: 1064 University Avenue Applicant: Chad Streff Description: To rezone property from C-2 Neighborhood Shopping Center to C-3c General Commercial with conditions zoning district. Proposed Land Use: Commercial (Bar/Tavern Use) Proposed Zoning: C-3c Existing Land Use: Commercial (Bar/Tavern Use) Existing Zoning: C-2 Adjacent Land Use: Adjacent Zoning: North — Radio Station/Church Rectory North — OSc/OR East— Commercial East— R-2/C-2 South — Residential South — R-2 West— Commercial West— C-2 Former Zoning: Local Business District - Pre-1975 Zoning Map C-2 in the 1975 Zoning Map C-2 in the 1985 Zoning Map Total Area: Approximately 4,500 sq. ft. Property History: The property was historically zoned as Local Business District and was rezoned to C-2 by 1975. The property has remained C-2 since that time. The current property owner has run The Whisky as a Bar/Tavern on this site for more than 30 years. Physical Characteristics: The subject property is an approximately 4,500 sq. ft. rectangular lot. The property is fully developed with a two-story building and a 6-space parking lot. The property is at-grade with University Avenue but has a 5-6' retaining wall at the rear of the property which separates the parking lot from the remainder of the site. Concurrence with Comprehensive Plan: The Comprehensive Plan goals recommend being responsive to market demands and the needs of residents by providing key retail and employment centers. The proposed rezoning would allow the property owner the ability to expand the existing business outside the building envelope to provide opportunities for activities and outside dining for area residents and patrons. Future Land Use Map — Commercial Impact of Request on: Utilities: Utilities are adequate to continue providing service to the subject property and not changes to the existing utility connections are proposed. Rezoning Staff Report— 1064 University Avenue Page 2 Traffic Patterns/Counts: The most recent lowa Department of Transportation traffic counts indicate an average daily traffic count of 5,800 vehicle trips along University Avenue which is classified as a `minor arterial' on the lowa DOT's lowa Traffic Data map. The site does have an access easement through the adjacent commercial property to the west. Overall, traffic is not expected to substantially increase and should have little impact on adjacent properties. Public Services: Public services such as emergency services are adequate to serve the site regardless of the use. Environment: The applicant is not proposing any substantial changes to the site. However, any changes to the site must be reviewed through the development review process known as Development Review Team (DRT). The DRT is comprised of multiple City Departments including Engineering, Planning, Water Distribution, Fire, Police, Housing & Community Development, and Leisure Services. Site plans 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. Staff does not anticipate any adverse effects on the environment as any impact would be mitigated through the review processes above. Adjacent Properties: The subject parcel is bordered by residential and office uses to the north, commercial uses to the west, commercial and mixed residential uses to the east, and mixed residential to the south. The property is located along an existing commercial corridor classified as a `minor arterial'. Given the proposed rezoning request would permit an expanded Bar/Tavern use and no other C-3 uses would be permitted, the impact on the adjacent neighbors should be limited. Separately, but under the same umbrella of review, expanding the existing bar/tavern use outdoors, may have an impact on adjacent properties. CIP Investments: None. Staff Analysis: To rezone property from C-2 Neighborhood Shopping Center to C-3c General Commercial with conditions zoning district. The property was historically zoned as Local Business District and was rezoned to C-2 by 1975. The property has remained C-2 since that time. The current property owner has run The Whisky as a Bar/Tavern on this site for more than 30 years. Since the Bar/Tavern use was legally established but is not a permitted use in the current C-2 zoning district, the Bar/Tavern is considered to be a legally nonconforming use.A legally nonconforming use is prohibited from expanding throughout the property beyond what was established when it was a conforming use. Therefore, the applicant seeks to rezone the property in order to allow the Bar/Tavern as a permitted use. Doing so would provide the owner with the opportunity to have outdoor dining and outside activities such as bean bag tournaments and football game watching events. Rezoning Staff Report— 1064 University Avenue Page 3 The subject property is an approximately 4,500 sq. ft. rectangular lot. The property is fully developed with a two-story building and a 6-space parking lot. The property is at-grade with University Avenue but has a 5-6' retaining wall at the rear of the property which separates the parking lot from the remainder of the site. The subject parcel is bordered by residential and office uses to the north, commercial uses to the west, commercial and mixed residential uses to the east, and mixed residential to the south. The property is located along an existing commercial corridor classified as a `minor arterial'. Given the proposed rezoning request would permit an expanded Bar/Tavern use and no other C-3 uses would be permitted, the impact on the adjacent neighbors should be limited. Separately, but under the same umbrella of review, expanding the existing bar/tavern use outdoors, may have an impact on adjacent properties. Therefore, staff recommends that hours of operation are set for any activities that occur outside. The most recent lowa Department of Transportation traffic counts indicate an average daily traffic count of 5,800 vehicle trips along University Avenue which is classified as a `minor arterial' on the lowa DOT's lowa Traffic Data map. The site does have an access easement through the adjacent commercial property to the west. Overall, traffic is not expected to substantially increase and should have little impact on adjacent properties. Any proposed alteration or addition to the property requires an approved site plan which is reviewed through the development review process known as Development Review Team (DRT). The DRT is comprised of multiple City Departments including Engineering, Planning, Water Distribution, Fire, Police, Housing &Community Development, and Leisure Services. Development plans 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. Staff does not anticipate any adverse effects on the environment as any potential impacts should be mitigated through the review processes above. Planning staff recommends the following conditions to apply to the proposed C-3c zoning district: 1. That the uses will be limited to those listed in the C-2 district regulations,with the addition of Bar/Tavern. 2. All Conditional Uses, Accessory Uses, Temporary Uses, Parking Requirements, Sign and Bulk Regulations shall comply with the C-2 Neighborhood Shopping Center Zoning Regulations. 3. Hours of operation for outside activities shall be limited to 9:00 AM to 10:00 PM Sunday thru Thursday and 9:00 AM to Midnight on Friday and Saturday. Planning staff recommends that the Zoning Advisory Commission review the information provided and make a recommendation on the proposed conditional 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. �-- �--:�, ��--� ��G�� Prepared b � � eviewed: Date: 07/26/2023 16-5-11:C-2 NEIGHBORHOOD SHOPPING CENTER: The C-2 district is intended to ensure that the size of the commercial center,the nature of uses permitted and the locational characteristics are such that the grouping of such uses will not adversely affect surrounding residences and do not detract from the residential purpose and character of the surrounding neighborhoods.(Ord.52-09,10-19-2009) 16-5-11-1:PRINCIPAL PERMITTED USES: The following uses are permitted in the C-2 district: Appliance sales or service. Artist studio. Automated gas station. Bank,savings and loan,or credit union. Barber or beauty shop. Commercial greenhouse. Furniture or home furnishing sales. Furniture upholstery or repair. Gas station. General office. Golf course. Indoor restaurant. Laundry,dry cleaner,or laundromat. Licensed childcare center. Medical office. Neighborhood shopping center. Parks,public or private,and similar natural recreation areas. Photographic studio. Place of religious exercise or assembly. Railroad or public or quasi-public utility,including substation. Registered child development home. Residential use above the first floor only. Retail sales and service. School of private instruction.(Ord.52-09,10-19-2009;amd.Ord.54-�0,9-20-2010;Ord.17-�3,3-18-2013;Ord.54-�9,12-�6-2019;Ord.30-2�,9-20-202�;Ord.3-22,1-18-2022) 16-5-11-2:CONDITIONAL USES: The following conditional uses may be permitted in the C-2 district,subject to the provisions of section16-8-5 of this title: Animal hospital or clinic. Car wash,self-service. Licensed adult day services. Passenger transfer facility. Pet daycare or grooming. Restaurant,drive-in or carryout. Tattoo parlor. Wind energy conversion systems.(Ord.52-09,10-19-2009;amd.Ord.54-19,12-16-2019) 16-5-11-3:ACCESSORY USES: The following uses are permitted as accessory uses as provided in section 16-3-7 of this title: Any use customarily incidental and subordinate to the principal use it serves. Wind turbine(building mounted).(Ord.52-09,10-19-2009) 16-5-11-4:TEMPORARY USES: Temporary uses shall be regulated in conformance with the provisions of section 16-3-19 of this title.(Ord.52-09,10-19-2009) 16-5-11-5:PARKING: Minimum parking requirements shall be regulated in conformance with the provisions of chapter 14 of this title.(Ord.52-09,10-19-2009) 16-5-11-6:SIGNS: Signs shall be regulated in conformance with the provisions of chapter 15 of this title.(Ord.52-09,10-19-2009) 16-5-11-7:BULK REGULATIONS: Maximum Set6acks C-2 Neighborhood Minimum Minimum Lot Maximum Front Minimum Minimum Shopping Center Lot Area Lot Frontage Coverege Height (LotArea) Minimum Maximum SideZ Rear3 All uses - - 10 ft.� - - 30 ft. Notes: 1. Minimum 20 feet for garages facing a street. 2. When abutting a residential or office residential district,a 20 foot side setback is required. 3. When abutting a residential or office residential district,a 20 foot rear setback is required. � M .� � � �� uw ..�g��ri� � 3 z. ° �..,.-� � �A��r�� ,� . � �"�� '� � � �� -i�i�� .,4 r � �� I i� � � ( ,� �`�� ` �h�t #�.�C�s� �( F � �� ,`� j � � ��f�z��c �-#s� � i ° t �, ; � $ � ; � � i r�aw� ��. ,�� € � � � "..�`� E . a �.« - ��q� � - a � �� E�� {1�1��0lf3�-; �, "�� _.._ �� k ��'��g'� � � � ;��g 3E� � � � � �i a �_ � � � �`��' � '� 3 � � � � i �i�'�€��a�� 'Cca��t�: i T �� ,�`� �� 'o� � � �' ��s � � � ' � � � �''�' , � � � � �� . � �,„�� 6`�a� �� ' � g #� a c�r � 3�� i ,j � '� !� �"�'�( ' '[ m � � �V{��'C�ffl"1�� 1 � �� 1 � �� ' � ,�� i i e ' � � 4 '� a � �� , �'°f["R��t��, �f g� � .� a'�' £ � /�lfT`�� `a ��,��^- a � t � � � �� . `� 4 ^� 'i,«..x i.{, � � �,@ 81E& �^ � � �� ; � � �r�� : �1�a��a� csr��{ #�� : � � � � ��`��`��" �� ; �` �t�a�� '`� � � � ��.W,� ., = � �, �� .� �� f � � k�s�la��.�.u� ; , �� E - < ' �"� ��r��s�� " �� ,�� H��c�h� � ��e, � a��t��— �t'��`° ; ��F"�� _' „ �. ��. �� _.o�o o � �N m �,°��, B � : . .. , __.,,: ._.,,.��..� :z A'is,iF "-. � �. ' :' - - �.�.7 (Ord.52-09,10-19-2009) H�II❑ Neighbor ! VIle are writing yvu ioday to lei you know ihat we are asking the cify for a parking �ariance and ta be rezoned as a C3 commercial praper�y. The property in question is 107� Uni�ersity A�e. Setter known as The Whisky B�r. My family and I ha�e owned the bar since 1989 and �a�ve aiways tried to be good neighbors by keeping nois� dowr�, maintaining our praperty, and supporting iocal business. The reason far thts letter is ta inform you why we are applyir�g for afl this change. The reaso� is simple, we want ta use some vf aur parking lo# far exteri�r seating on accasion and can't d❑ that unless a rezoning takes place. We are aware that this could sound like loud parties and late nights but w�e assure you tnat is not the case, This will not be an e�eryday �c�urrence and au�' respect for thvse surraunding us will always came first. �u� gaal is to give ou� business and i#s custvmers some different options on how ta enjoy our space. We thank you for taking the time tv read this letter �nd h�ope that we can g�t �hrvugh all this red tape and mo�e ❑n with growing our locally owned busi�ess. 5incereiy, Chad and Kym 5treff and f�mily . � - �� `��p. i� l� f � � � �� a � �� We support The Whisky at 1�64 University Ave. in thetr attempt to �e rezoned in arder to accammodate autdoar use o� the�r parking �ot for additi�na! seating. Name Address Date Rent ar Own � � -, - � 1 } ��, ��,�� ;t;l�, r i� r � t��u�'��r �"�� -3 [.�,,•� � 2} �,.�,..� w 1��1 M�-- s �- � 7� � � c��''— � � �, � � z z� aw�l �� ,� Sch��}� � a �� f I �� r , , b7��`� OG�� 4} ��rnt�' l�� [ �Jn��s� �� } f � �� } 7� $� 9} �I D} 11 } 1�} 13} �4} � �` / �� \ -1 R-2 � � �W �„ /ap OR � OR �oo � Vicinity Map � R-2 \ R-1 � � F OR `' .p � � I pE`��P�' T`9C ' � N� q 9�F` SB I � OSC `�RyRa � 1 � 9CF�i �- 1 - ENNSYLVANIAAVE � O R DODGE ST �I� � 1 y � � I I- SwARTFR�q< � � ,�j� l'.�"'� � � � � � � �.. � � � � � C'� 1 I �, qCm � I �,� � � �°�� Applicant: Chad Streff 90Q� � E� (�3 9�A � I Location: 1064 University Avenue � � � �� R"2 Nes hborhood Shoone property from G2 9 pping Center to C-3c General � '� � I � R-2 � � � � Commercial with conditions zoning district. � � � � � � � � R33 �. . . . .� . � � Subject Property R-2 � � � � � City Limits � � ''�� ' N I � 0 40 80 160 � � � (}�] Feet � � � � 1:1,250 ►N 05 -c o 3to 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: 08/11/2023 and for which the charge is 35.88 7 Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this 17th day of August, 2023 Notary Pub in and for Dubuque County, Iowa. A( P.1 1rmil O 2 thelp I wA JANET K. PAPE T. Commission Number 199659 My Commission Expires 12/11/2025 STATE OF IOWA SS: 114-4 -vrl-� 3n �3 Ad text : CITY OF DUBUQUE, IOWA OFFICIAL NOTICE PUBLIC NOTICE is hereby given that the Dubuque City Council will conduct a public hearing on the 21 st day of August, 2023, 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 Adam Kafer, SIMS Properties, LLC to rezone property located at 190 North Crescent Ridge from CS Commercial Service to C-3 General Commercial zoning district. 2. Request from Chad Streff to rezone property located at 1064 University Avenue from C-2 Neighborhood Shopping Center to C-3c General Commercial with conditions 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. Trish L. Gleason, Assistant City Clerk It 8/11 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: 08/25/2023 and for which the charge is 23.18 Subscribed to before me, a otary Public ' and for Dubuque County, Iowa, this 25th day of August, 2023 Notary lic in and for DubuqueCounty, Iowa. JANET K. PAPE Commission Number 199659 My Commission Expires 12/11/2025 Ad text : OFFICIAL PUBLICATION ORDINANCE NO. 36 -23 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 1064 UNIVERSITY AVENUE FROM C-2 NEIGHBORHOOD COMMERCIAL SHOPPING CENTER DISTRICT TO C-3 GENERAL COMMERCIAL 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, the Unified Development Code, is hereby amended by reclassifying the hereinafter -described property from C-2 Neighborhood Commercial Shopping Center District to C-3 General Commercial District with conditions, to wit: Lot 2 of Lot 4 of the Subdivision of Mineral Lot 80, in the City of Dubuque, Iowa, according to the recorded plats thereof, subject to easements of record and to the centerline of the adjoining public right-of-way, 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 21st day of August 2023. /s/Brad M. Cavanagh, Mayor Attest: /s/Trish L. Gleason, Assistant City Clerk Published officially in the Telegraph Herald newspaper on the 25th day of August, 2023. /s/ Trish L. Gleason, Assistant City Clerk lt:8/25