Loading...
Request to Rezone Property at 3465 Asbury Road Copyrighted September 18, 2023 City of Dubuque Public Hearings # 04. City Council Meeting ITEM TITLE: Request to Rezone Property at 3465 Asbury Road SUM MARY: Proof of Publication on notice of public hearing to consider request to rezone property at 3465 Asbury Road from Planned Unit Development with PC - Planned Commercial designation to C-3 General Commercial and Zoning Advisory Commission recommending approval with the condition of maintaining the screening requirements within the existing Planned Unit Development with PC — Planned Commercial district. ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by Reclassifying Hereinafter Described Property Located at 3465 Asbury Road from PUD Planned Unit Development with Planned Commercial Designation to C-3c General Commercial District with Conditions SUGGESTED Suggested Disposition: Receive and File; Motion B; MotionA DISPOSITION: ATTACHMENTS: Description Type ZAC Letter to CC Staff Memo Ordinance Ordinance ZAC Staff Report Staff Memo E�ibit A Supporting Documentation E�ibit B Supporting Documentation Application Supporting Documentation Vicinity Map Supporting Documentation C-3 General Commercial Zoning District Supporting Documentation PUD - PC District 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 September 12, 2023 The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 13t" Street Dubuque IA 52001 Applicant: Kim Adams, DuTrac Community Credit Union Location: 3465 Asbury Road Description: To rezone property from Planned Unit Development with PC - Planned Commercial designation to C-3 General Commercial. 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 Kim Adams, DuTrac, 3465 Asbury Road, spoke on behalf of the application, noting the PC district was created 35 years ago when the area was just residential, but it has changed with a commercial corridor now, of which they are the largest property. She expressed that most of their competitors are in C-3 districts. She noted they are completing a $2.3 million renovation. She expressed that DuTrac is a strong financial organization, and this location is their headquarters. Staff detailed the staff report, noting that there are residences on three sides of the property and that it is along a commercial corridor. Staff noted the number of uses that are allowed in the existing PUD compared to the C-3 district, that screening is required under the PUD, which is not part of the C-3 regulations and noted that the signage allowance would increase compared to the current PUD (Office Service) allowance. Commissioners noted potential concerns regarding the increase of permitted uses in the C-3 zoning district, the proximity to the residential properties, and discussed the existing screening and signage. Commissioners then discussed how the site came to be zoned PC, noting that it was likely because of neighbor concerns. Staff confirmed that the property was vacant in 1985 and surrounded by residential properties and that the PC regulations addressed neighbor opposition at that time. Staff confirmed no opposition was received with the current request. Commissioners discussed the site's proximity to residential and suggested to condition the rezoning by requiring the site to remain screened on the south and west sides. Service People Integrity Responsibility lnnovation Teamwark The Honorable Mayor and City Council Members Page 2 Recommendation By a vote of 4 to 0, the Zoning Advisory Commission recommends that the City Council approve the rezoning request with the condition of maintaining the screening requirements within the existing Planned Unit Development with PC — Planned Commercial district. A simple majority vote is needed for the City Council to approve the request. Respectfully submitted, � � � ��. �- Matthew Mulligan, Ch " erson Zoning Advisory Commission Attachments Service People Integrity Responsibility lnnovation Teamwork V of Doc ID 011148500006 Type GEN Kind: ORDINANCE Recorded: 09/27/2023 at 03:49:55 PM Fee Amt: $32.00 Page 1 of 6 Dubuque County Iowa Karol Kennedy Recorder File2023_00009262 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. 42 - 23 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 3465 ASBURY ROAD FROM PUD PLANNED UNIT DEVELOPMENT WITH PLANNED COMMERCIAL DESIGNATION TO C-3c GENERAL COMMERCIAL DISTRICT WITH CONDITIONS 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 PUD Planned Unit Development with Planned Commercial designation to C-3c General Commercial District with conditions, to wit: Lots 1, 2, 3, and 6 of Block 1, and Lots 1, 2, 3, 4, 5, and 6 of Block 2 Westchester Subdivision, 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 18th day of September, 2023. Attest: Trish L. Gleason, Assistant City Clerk Brad . CavanauMayor 32°6 ��C��-tyPlcu-�rtilnc� STATE OF IOWA CERTIFICATE of the CITY CLERK ) ) SS: COUNTY OF DUBUQUE ) I, Trish L. Gleason, do hereby certify that I am the duly appointed, qualified, Assistant City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such Assistant City Clerk, I have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached Ordinance No. 42-23 is a true and correct copy of the original. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa, on this 20th day of September, 2023. Trish L. Gleason, Assistant City Clerk MEMORANDUM OF AGREEMENT Pursuant to the Iowa Code Section 414.5, and as an express condition of rezoning of the property located at 3465 Asbury Road and legally described as: Lots 1, 2, 3, and 6 of Block 1, and Lots 1, 2, 3, 4, 5, and 6 of Block 2 Westchester Subdivision, 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. Which is the subject of Ordinance No. 42-23, 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 screening composed of earth berm and/or shrubbery of at least five (5) feet in height and 50% opacity or a combination of a solid fence and landscaping as shown in Exhibit A and Exhibit B attached to this ordinance shall be provided adjoining South Way and Dana Drive. B) Reclassification of the Subject Property. he City of Dubuque, Iowa may initiate zoning reclassification proceedings to the previously approved PC Planning Commercial zoning district (Ordinance 22-17) 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. D) Recording. A copy of this Agreement shall be recorded with the Dubuque County Recorder as a permanent record of the conditions accepted as part of this rezoning approval within ten (10) days of the adoption of Ordinance No. 42-23. E) 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. E) 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.' %.- 23 I, Kim Adams, 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 therein. Dated in Dubuque, Iowa this I S day of 1 ti 2023. By: /I'}l UKim)Adams, SVP Operations and Facilities, On behalf of DuTrac Community Credit Union, property owner fly On this � j day of klc 2023 before me, a Notary Public, in and for said state, personally appeared Kim Adams, 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. 04 RENEE LUANNE MARCH -a rleit) ;Commission Number 793366 N ary Public in the State of Iowa My Commission Expires cm November 24, 2024 My Commission expires: // /c., z f REZONING STAFF REPORT Zoning Agenda: September 6, 2023 Property Address: 3465 Asbury Road Property Owner: DuTrac Community Credit Union Applicant: Kim Adams Description: To rezone property from Planned Unit Development with PC - Planned Commercial designation to C-3 General Commercial. Proposed Land Use: Credit Union/Commercial Proposed Zoning: C-3 Existing Land Use: Credit Union/Commercial Existing Zoning: PUD-PC Adjacent Land Use: North — Single-Family Residential Adjacent Zoning: North — R-1 East — Commercial East— C-2c South — Mixed Residential South — R-3 West — Mixed Residential West— R-3 Former Zoning: 1975 — MF 1975 — R-5 1987 — PC (Most recently Amended in 2017) Total Area: 2.58 acres / 112,182 square feet Property History: The current Planned Unit Development (PUD) zoning for the subject property was established in 1987. It is comprised solely of the DuTrac Community Credit Union site at 3465 Asbury which is improved with a two-story walkout building. The DuTrac PUD has been modified multiple times and most recently(2017)was amended to allowthe installation of a vinyl fence with decorative vegetation. The DuTrac property recently received a sign variance to increase the size of permitted signage. Physical Characteristics: The existing planned district is comprised of one parcel, which totals approximately 2.6 acres/112,000 sq. ft. in area. The parcel takes access from Asbury Road through existing curb cuts on either side of the 3435 Asbury Road property and to the west of the DuTrac building. The subject property slopes downhill approximately 20 ft.from the highest point along the northwest corner to the lowest point at the southeast corner of the site. Concurrence with Comprehensive Plan: The Comprehensive Plan encourages mixed- use development to create diverse and self-sufficient neighborhoods. It also recommends that incompatible uses be buffered and protected from each other. The City's Future Land Use Plan identifies this area as Commercial. Rezoning Staff Report— 3465 Asbury Road Page 2 Impact of Request on: Utilities: The area is adequately served by both City water and sanitary sewer regardless of use. There is currently no proposal to alter the use of the site. Utility connections are available and currently connected within the Asbury Road right-of-way. Traffic Patterns/Counts: The 2021 lowa Department of Transportation traffic counts indicate an average daily traffic count of 13,500 along this section of Asbury Road. Some of the uses in the C-3 zoning district could increase vehicle trips into the site compared to current levels, however, Asbury Road is designated as a `Minor Arterial'and can accommodate any potential increase to and from the site. Public Services: Public services are adequate to serve the site regardless of the use. Environment: The subject property is fully developed. The property though, could be redeveloped and in that case would require a Site Plan Review which must be approved through the development review process. The Development Review Team 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, screening, paving, stormwater management, water connection, sanitary sewer connection, and fire safety. Effects on the environment would be mitigated through appropriate site development. There are no proposed redevelopments for the property, however, DuTrac is currently making updates to their existing building. Adiacent Properties: This property is surrounded by single-family residential uses across Asbury Road to the north, low to moderate density residential uses across South Way and Dana Drive to the west and south, respectively, and by commercial uses to the east. Properties to the west and south are screened by a privacy fence and vegetation per the requirements of the current Planned Commercial district ordinance. If rezoned as proposed, the screen along the west and south sides would no longer be required and if redeveloped, may impact the nearby residential neighborhood. CIP Investments: None proposed. Staff Analysis: The applicant proposes to rezone the subject property from Planned Commercial to C-3 General Commercial. The current planned district ordinance, 22-17, was initially established in 1987 to accommodate the construction of DuTrac. The property is comprised solely of the DuTrac Community Credit Union site at 3465 Asbury which is a two-story walkout building. The DuTrac PUD has been modified multiple times and most recently (2017) was amended to allow the replacement and installation of a vinyl fence with decorative vegetation. Separately, the property recently received a sign variance to increase the size of permitted signage. The property and district wrap around the Rezoning Staff Report— 3465 Asbury Road Page 3 neighboring commercial property at 3435 Asbury Road. The 3435 Asbury Property is its own and separate PUD established in 1989 will not be rezoned with this request. The subject planned district is comprised of ten lots that make up the DuTrac parcel. The DuTrac parcel totals approximately 2.6 acres/112,000 sq. ft. in area. The parcel takes access from Asbury Road through existing curb cuts on either side of the 3435 Asbury Road property. The subject property slopes downhill approximately 20 ft. from the highest point along the northwest corner to the lowest point at the southeast corner of the site. This property is surrounded by single-family residential uses across Asbury Road to the north, low to moderate density residential uses across South Way and Dana Drive to the west and south, respectively, and by commercial uses to the east. Properties to the west and south are screened by a privacy fence and vegetation per the requirements of the current Planned Commercial district ordinance. The screening requirement was incorporated into the PC district in response to public input during the public hearing process in 1987. If the property were rezoned as proposed, the screen along the west and south sides would no longer be required, and if redeveloped, may impact the nearby residential neighborhood. The area is adequately served by both City water and sanitary sewer regardless of use. Additional utility connections could be made to the laterals within the Asbury Road right-of- way. Additionally, public services are adequate to serve the site regardless of the use. The 2021 lowa Department of Transportation traffic counts indicate an average daily traffic count of 13,500 along this section of Asbury Road. Some of the uses in the C-3 zoning district could increase vehicle trips into and out of the site compared to current levels, however, Asbury Road is designated as a `Minor Arterial' and can accommodate any potential increase to and from the site. The use for the subject property is not proposed to change and is fully developed. The property though, could be redeveloped and in that case would require a Site Plan Review which must be approved through the development review process. The Development Review Team 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, screening, paving, stormwater management, water connection, sanitary sewer connection, and fire safety. Effects on the environment would be mitigated through appropriate site development. It should be noted that the current PUD has a requirement to screen the property along the South Way and Dana Drive rights-of-way. If the rezoning is approved, that requirement would no longer be in effect. In the C-3 zoning district, there is a 20' front yard setback and no specific screening requirement. The Commission may wish to discuss any potential impacts that may have on nearby residences. Rezoning Staff Report- 3465 Asbury Road Page 4 Again, there is no proposed redevelopment for the property. However, if approved, the proposed rezoning would increase the quantity of permitted uses to 57 in the C-3 zoning district compared to the 19 permitted uses in the current Planned Commercial district. The Commission may wish to consider a rezoning to C-3c to limit potential substantial impacts to neighboring properties and uses. Staff has attached the list of C-3 permitted uses and conditional uses for the Commission's review. C-3 Principal permitted use: 1. Agricultural supply sales 2. Animal hospital or clinic 5. Bakery (wholesale/commercial) 7. Bar or tavern 8. Barber or beauty shop 10. Carwash, full service 11. Carwash, self service 12. Commercial greenhouse 13. Construction supply sales or service 14. Contractor shop or yard 16. Department store (60,000 square feet maximum) 17. Farm implement sales or service 18. Furniture upholstery or repair 19. Gas station 21. Golf Course 22. Grocery store 23. Hotel 24. Indoor amusement arcade 25. Indoor recreation facility 26. Indoor restaurant 27. Indoor theater 28. Laundry, dry cleaner, or laundromat 29. Licensed childcare center 31. Mini warehouse 32. Mobile or manufactured home sales or service 34. Moving or storage facility 36. Neighborhood shopping center 37. Parking structure 38. Park, public or private, and similar natural recreation areas 39. Pet daycare or grooming 40. Photographic studio Rezoning Staff Report- 3465 Asbury Road Page 5 41. Place of religious exercise or assembly 44. Railroad or public or quasi-public utility, including substation 45. Registered child development home �iry 47. Restaurant, drive-in or carry-out Retail sales and service etail Listed (2)) 50. Service station 51. Tattoo parlor 52. Tour home 53. Vehicle body shop 54. Vehicle sales or rental 55. Vehicle service or repair 56. Vending or game machine sales or service 57. Wholesale sales or distribution C-3 Conditional Uses: 1. Licensed adult day services 2. Outdoor recreation or outdoor amusement center 3. Passenger transfer facility 4. Wind energy conversion system For reference, the PUD does not list conditional uses and additionally lists the following as permitted uses: Professional Services (Medical) Public or quasi-public utilities including substations Commercial and non-commercial art galleries Data processing center Specific Retail Listed (2))—`Drug and healthcare supplies' and `Book, stationary, office supplies, and office furniture'. Planning staff recommends that the Zoning Advisory Commission review the information provided and make a recommendation on the requested rezoning to the City Council in accordance with Chapter 9 of the Unified Development Code and the criteria established for granting a zoning reclassification. --- --` .- `�»�r'?J Prepared by/�� _ J__-��=�-f�eviewed: Date: 8/31/2023 i � � I lt A ' � � 3462 .�: . �� � '�5'BURY 344Z �; � R� � , ;�� S�reening �vmpvsed of earth berm 3465 �� ar�d�or shrubbery of at least five (5} feet in height and 50°Ifl o�acity or � � a �ombination of a salid fence and � landscaping � I a � I �� 3435 I �� f D � �N'�D �� 347 R 3470 f � I � � I 346Z � � 346D �� 22b1 i r�,��o �� ZZ55 2Z49 ��� � � �a�,t��.1:�UCU�',I�=+�D � �� Feet Exhibit B: '-r"�=':',_ �t�'�-,�t�``�'r�:¢' -' "'..�;?;: '. .��? : . �. .. a�� }� ..r•': /� ti::sc� 7.�.�,..rl.n..�✓'.•• . ':�; �"1..'i :��{ '�T" 4 . �. . X'��i:' .�• _ ._d-:�y��� '��r!I. / �Y' �L1. [,� h.�9. ��' I"^- �.-9n :.� y9� • '���'�•i ��,h�•..y;..i��.?�. nv�..:'.:. •�. X,�- � '5.�.�I�'��'r�' � ��S"_l:�: � .r :n. 16 �r��,' � '�J.� ' . "��:�� "4 .h�T 9J��•a:'!''v'`.��..y.f .�r.9•9�'' �/y �'.�1=4�. �T[[ '•�c.i�:>�i i.?.�,y.:,�:jLy .,:r"�Sj'1.��.� •�.^,�r'M.; �. �,';�.'Ri-.� �'1R ' y;,�. 'w�'��•r �!,f�'y¢",��Y •�''`v�r � "i: ¢ ��Z"!�,y�,.^r'3 ��.�3 �,.s �y k �,� `�y:,e�.'{�' � �.�" +5..� #. 4 i 'r �.: .3 ',� .ye ,�'�- . -' ..sdT.�' l�' J�r �s . .�t� n''++!-';�i.��.'•�,.F"'� . . ' y�.�''.` �� ! �-. . ;y`: , .i'�` 'B�.T+.. '�x.. �.';: . -;�� 'i'.:� �.� '�. �• �y�... �"L'��. _ 1. ; . .. _••}. , . . • . }'...�' �� ` _ .�.i • �' ..l: S� lF_�'.' � '� ..: ' r 5'�: . ..[.�l!.•ti` x.;; �i.�:'�i:'.'�� :�,,_�',... . ;, � '�r"-�< '�,y�.,';` " :.�d���`4.�''. �' �'� . •��. . ?�"" .='yy''`:�'..��.c t'y;.: .1'•'*,-�.+ s-' a"1"-��.�>-� � + ��.�., {_ � h , :y, .' ��'±[�....`'-:''`�`• ,1t�-�,��i _�- -.z: ,f� f�F'�.t^ - _ _.- '��• �^} ' `�`�µr�;���y�t���''�� � �� _ ., ,.:,.;,�a� .-� �. a.�, : ��' -v.- '�y :;4 w� �I}� � -''y' . § �r�. � , �' � 4 G' '�w r�i'' :� � �. � �as..�!_�:' �`:l�:.� ',y... �.�� ��� ��_, .�'.��� "1��fr�- �`'� "t; i� - ��i���ffj� ��� ;:�:� ��� ���d�-_ �� � � ���:�-� :� �. �-;��.� �n:'� Y S�'.�. ����[ ' �� ' ���:��;:S:��v�`_ _ �}-�-� — . } 1 - -Y},C. � +' e:t -=?�+=1'�. . L. - J�I 1� � t1.��1�� � �',]� �T:�r ,� • 1� ����[��'�'1 ��I' "•� . . I. �'l 'I; � �'��4'� 'f � id'�I _.�.Y: I , .- �y �;�r �• ,I.: •_ _ 4����: �' ; _ :p �-, ._-��. '.7..� - _���- . ..�� '{`�� ����• �°�" r .._' � � c„,. �.tY.•� :re: �• , �, -�'. ,,�r. ;^"?``\`'-. ,:+ ��.� ��":,,�',_'. .:xy5;:: `:y;, - - _ _�, .� ; - ``<c:•.' f ..- =;.:_;'_ - � �:�F�,�.: .� _ -r...yv?"y=,y,; p �a yi�; .-.:t.::r_x*:. -�:� ^ "3,..:�:��'�� �r:+r..�.. 4.`A� �f`'J::� �i_L4:�p:- ' _ �__ - - - _-_-:r"'�.?�?: ' 1��.'•'c• '�+�:,- :�,.+y .."„ ';ryR:r:; :es: - - ��r,� ' �---=�1: s'�.-�'�_:.. - ;.���• , - � •; , - - �-•-^- -�*��.-. ...�......_.: .. :4.�:�;r�'':'=-'��- . � . �S''.''i YS' ' . _ �' . .ae,hy�i;... _ _ , �. 't. • �[r, ,,,� .• . �,�-��' .� .,�,i•r��, .l .•e;+,' �t; fn• .. '�;:' � i '•.-t ..: :�i,�"� �£� ;i.�°�',.�,.., .,4°�+"'rk,�C,'..4., }^•' , y�`i,e�� 'a}f,.[��. ��. z'-�:` . �z:d' . �. .��` '.r£ir�"'a . . .i'�'.r •_l�?'�r, J:, ..1.��^;r�-y..., ,i.,�y x,��.` � ,"r,�� '� .� � �.� +i r- r�:.� • �';y"'. + �T� vi J'�'.� '.+�5.;.., �yy..:�r,d•`"�' lar.;'•1:�•S x,. �t: - • . ;�. .7,. �:�.,t:;,. ,�_�,��� �r'.i.�:'..,,;�:l��'; ._ ..�_ =-Y,: � , r}=;rc`'. �� - .`¢r�'. '�- - - ;�:' ' :��': ,i�,•:' ' ,:.•. .:;.;or�`; ..�,,- ..��^'. . ' . . � . _ . �� , ., , . . . '��'. ....':F�9��'E�.'�� . .,.':n:: ?:. .:'ii,' C'@-.� .a ti'�" p. Y i�... � .R�„� - .at..�'. y.. ' ." . t .- ;fl�' �.,e' I _ ,, ,� ...k �� -'��a �t 13�,s��- �yF[��.'e � ,�1�ro7� ; � �.,�: 1 ,•�� E�r �: - � .��;y � t. a,:�:: .: ,�. c,� . .. ,. � }[. y �}l h y � �g„' ��:, �,�i� '�' - ,��.�. r�� . � ° ,Ts"�' y S� '� Y H: , ,,.'°� ��T•�� � � ��_w �'��_ s s r f �•:.a`�6 `"� r ,�y���� � �'•,y i' � ..,y �, �.� .,k. i � b4� �3 '�_. �r I ,�'�a�h.� �k ��` ��' � * �,;•� 3 r�"` �` ;;v ,. .� �', � � �.�� � ' � k •'`'�' � � �q��:.. ,�� i�_ ,, _ : ����.� . r � � ' � r� �� a �� } I"r. � l � "� �� t1�� � Y:<d Y.: �k, � ^I �_' ''J'�' � :J. ��i�7..�, ., i �y" . - � �r� Si`. . - ����}���.. •:i, .�GR,: .. _ - � � � �i _� r w. •- _ _ -� -_ . `S��:�a+. .F k,a�,�� .;e�-s . . .-- .__ . '-n- _ � _-... ..—__...... . - _ _ . y.y ��y'I�1'Jl'�O�Ir 1.�^ � � , ' .. ... •' .. �- _ � - M- � S�� _'1.=.ri _ : :......_._:" !Y, .�.._�. -- , - . .. �_ - -•.�_ _. . - .�.E�+Yhw�;+�.��.w. . - .. •:�Yr?`.'_.. ' - . . `� - �.,;��t .• . z� . - . ... - F`['_ '-. .. R � _ . . . � " .-. - ' - P[C r.•lCt.#r..�'.�.1 T -•.ti Tf iE CITY OF City pF Dubuque Planning 5ervices�epartment ��� � pubuque,IA 5200i-4845 Phane: 563-589�21� Fax: 563-589-�221 M��sferpiece o�r tlre Misszssip�ai planninaCu�citvofduhuaue.prq . . � � Zanin A �isa Zonina Board of be►►elonmen#Services Nistnri�Preserriation Cammission �nmmission A�I'��ment �Annexatian ❑ bemalition Re�iew ❑Amended PUb ❑ Cvnditional Use Permit ❑ Limited 5etback Wai�er ❑ Historic Re�ol�ing Lpan ❑ix RezoninglPUp�1D ❑ 5pecial Ex�eption ❑ Site Plan Simple ❑ CertifEGate af Economi�Non-Viabiiity ❑Text Amendment ❑Variance ❑ Site Plan Minor ❑ D�sign Re�iew Certificate af ❑ 5imple 5ubdi�ision ❑Appeal ❑Site Plan Major Appropriateness ❑ Preliminary Plat ❑Simple 5ubdivision ❑Ad�isory Design Re�iew(Publie ❑ Major Final Plat ❑TempQrary Use Permit Projects} ❑ Minor Final Plat ❑ Port of�ubuquef ❑ FiEstaric�esignatian ❑Waiver From 5ite Chaplain Schmitt Island Design Standards pesign Re�iew . . ,- . A. Property Infvrmation 5ite Location�Address:3465 Asbury Rd ❑ubuque, IA 520a2 Legal Description�Parcel Ib#�5ubdi�ision: PaCCEI I D '��2'�22gD14 Existing Zoning: �S PrQpvsed Zaning: C-3 5ite Area{square feet�a�res}: � �z+776 Historic District: �_andmaric; ❑Yes � No B. Descrihe praposal and reasan fnr application(attach a let#er of explanatian, if necessary]: DuTrac CU is laaking to rezone to conform with the rest of the businesses in our area. We were zQned �5 over y�ars ago w en ere was no us�ness is r�c area i e ere rs o ay. e are�urren y a a C. Applican#/Agent Infvrmation �am�: DuTra� Credit Union Pno�e: 563585-84D2 Address: 3465 AS#a111'y Rd ��ty; Duk�uq�e state: �A rp; ����� �ma;i: kadams c�dutrac.org Q. Property Dwner{s}Informati�r� tvame{s}: ❑UT�'2C C�EC�it Urll�l� P�o�e; 553-585-8402 Address: 3455 Ashury Rd C;ty: Dub�aque 5tate: �A �;p: 520�2 Ema;i: kadams a[.,7dutrac.org E. Certifieation: 1�we, the undersEgned, do hereby�ertify�acknowledge that: 1. Payment dves not guarantee appro�al and fees are nQnrefundable; 2.Ail additivnal required written and graphic materials are attached; 3.Tt is the prvperty owner's responsihility ta Ivcate property lines and to re�i�w the ahstract for easements and restrictive co�enants; and 4.The information submitted herein is tru�and correct ta the best of my�our knowledge and upon submittal hecomes pu�fic recard. Rpplicant/Agent � �'VL i-� Date: W 'c'��" ��- i? �� � � �+ Property owner{s}: �L-f� '-- {'�:�U '�' + C]ate: U ' ��" �"^ . • . t Fee$ Ck# ❑CC ❑Cash Recei�ed by Rate u ra� C�►1�1'11[�llrty Credit Lln�on August 24, zoz3 Gaod afternov� zoning Ad�isary Commissian, DuTrac Community Credit Llnion is applying to �hange �ur current zoning from 50 t❑ C-3. This praperty suffers a disad�antage campared tq similar sized properties as well as ail neighboring c�mmercial praperties. All commer�ial praperties adjacent ta DuTrac and Eastward are zoned C-3 excep#far DuTrac. S�2oning was put in pla�e aver 35 years ago when there was not a business district in the area. ��er the years the district has changed �nnsidera�ly with multiple �amm�rcial businesses present. DuTrac Cammunity Credit Unian is a Financial lnstitutian tryir�g t� ser�e the cammunity as their narne indicates and is more of a commercial business than an "OF�ICE" and shauld recei�e the same benefits as ather businesses and financiai institutions in the area. DuTrac is investing 2.2 millian dollars into an exterior remodel ta continue to be relevant in this community and wvuld benefit from being an the same playing field as other institution5. We have remained an excellent neighbor to all and �ontinue ta work ta provide impravements to ❑ur property and area t#�at anly enhance the neighborhood. Changing�ur zoning wouid allow DuTrac to ha�e the same competiti�e ad�antages as al� ather C-3 cor�mercial praperties in ❑ur area. Thank you far yaur consideration ta our request. Kim Adams SVP OperatiQns and Facilities �.�.�.�..��,:��H..��� �.�a���,�,�a��,�.��� Main pffire:3465 Rshury Road J P.fl.Bax 3254 � �uhuq�e,iowa S�aQ4-3250 � P:f563J 582.1331 ���� CLIN70N I ❑iJSL1QlJE� OYERSVILLE I �LaRIDGE I MAqL1Qi{ETA J MQNTICELLO f Q�IAD CITIES � p EOl1ALkOUSING y„�����u����� ❑uTrac.�l� OPPORTLiN17V �30 ' � � � � �J Q � Q� � � � � � � � �3 � � � � � � Vicinity Map � � � � J � � R-1 �3 � � � r °� � � � � c�2 � � \ `N P�����P�' T�9 � � N �F �� � \ � �SB�RY � �� � RO � �yy�;� �'�� �11 � � ENNSYLVANIAAVE � �rGY� I DODGE ST CJ:ZSJ \ �� � / / h � � SwARTFRiq< � �l � % � � � � �OR � � �p OS � �o ' � �p PC � � � , � Applicant: Kim Adams, DuTrac Community Credit R-3 Union � f�k3 k�0 �W C-2c Location: 3465 Asbury Road f� � � � � p� Description: To rezone property from Planned Unit � �,p C_2 Development with PC - Planned Commercial � designation to C-3 General Commercial. � � � � � �3 I ,. f� � �3 � fl3� � � �. . . . � �� .� . � � Subject Property � R-1 � � � � � �3 a..� g � City Limits � � / �R-4 � � � � � � 1/ � N � 0 70 140 280 � � � � �,c^Q � ��3 �� � �Du�u'`q•ue Count_y_�,IS Feet � ��3 � � � �:2,000 16-5-13:C3 GENERAL COMMERCIAL: The C-3 district is intended to provide locations for commercial uses which are designed to serve the motoring public or uses requiring highway or arterial locations.(Ord.52-09,10-19-2009) 16-5-13-1:PRINCIPAL PERMITTED USES: The following uses are permitted in[he C-3 district: Agricultural supply sales. Animal hospital or clinic. Artist Studio. Auditorium or assembly hall. Bakery(wholesale/commercial). Bank,savings and loan,or credit union. Bar or tavern. Barber or beauty shop. Business seroices. Car wash,full service. Car wash,self-service. Commercial greenhouse. Construction supply sales or service. Contractor shop or yard. Dental or medical lab. Department store(60,000 square feet maximum). Farm implement sales or service. Furniture upholstery or repair. Gas station. General o�ce. Golf course. Grocery store. Hotel. Indoor amusement arcade. Indoor recreation facility. Indoor res[aurant. Indoortheater. Laundry,dry cleaner,or laundromat. Licensed childcare center. Medical office. Miniwarehouse. Mobile or manufactured home sales or service. Mortuary or funeral home. Moving or s[orage facility. Museum or library. Neighborhood shopping center. Parking structure. Parks,public or private,and similar natural recreation areas. Pet daycare or grooming. Photographic studio. Place of religious exercise or assembly. Printing or publishing. Private club. Railroad or public or quasi-public utility,including substation. Registered child development home. Residential use above the first floor only. Restaurant,drive-in or carryout. Retail sales and service. School of private instruction. Service station. Tattoo parlor. Tour home. Vehicle body shop. Vehicle sales or rental. Vehicle service or repair. Vending or game machine sales or service. Wholesale sales or distributor.(Ord.52-09,10-19-2009;amd.Ord.17-13,3-18-2013;Ord.54-19,12-16-2019;Ord.30-21,9-20-2021;Ord.3-22,1-18-2022) 16-5-13-2:CONDITIONAL USES: The following conditional uses may be permitted in the C3 district,subject to the provisions of section16-8-5 of this title: Licensed adult day services. Outdoor recreation or outdoor amusement center. Passenger transfer facility. Wind energy conversion system.(Ord.52-09,10-19-2009;amd.Ord.54-19,12-16-2019) 16-5-13-3: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 subordina[e to the principal use it serves. Crema[orium accessory to a mortuary or funeral home. Wind turbine(building mounted).(Ord.52-09,10-19-2009) 16-5-13-4: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) 16-5-13-5:PARKING: Minimum parking requirements shall be regulated in conformance with the provisions of chapter 14 of this title.(Ord.52-09,10-19-2009) 16-5-13-6:SIGNS: Signs shall be regulated in conformance with the provisions of chapter 15 of this title.(Ord.52-09,10-19-2009) 16-5-13-7:BULK REGULATIONS: Maximum Setbacks C3 General Minimum Minimum Lot Front Minimum Minimum Maximum Commercial LotArea LotFrontage Coverage Height (LotArea) Minimum Maximum Side� RearZ Licensed adull day services,licensed 5,000 sq.ft. 50 R 50% 20 R. - - - 40 ft. chlldcare center Vehicle sales 20,000 sq.fL - - 20 ft. - - - 40 k. All other uses - - - 20 k. - - - 40 ft. Notes: 1. When abutting a residential or office residential district,a 20 foot side setback is required. 2. When abutting a residential or office residential district,a 20 foot rear setback is required. � :.�"� � .� � � ', � � � � � �t���� �3 � ' �,�?��s�l � � � � M �z�'`���� 'z���r���g� ;� `�- [ &�� :m � '.:��1��3�. ,' v ^ � �_ € � �` ��4� i � � � � z3'�.� _ � `° 2�. � �" �! � � �� E € � �� � � �� � �� � � � - � j�t�e� �C�� � , � � � � � � � ��,� � � ' ..,; � � � ����"T��� � � �a��a� $ . a'a��'� s�m� � � ��� �h:��s'�$ � � a �z � � � � ���� �g � �� �� ���'�i � � � � ..� p ,�� �������� � ; '�,-1 � $ �'� � `� � � � � ��, A , �� �� ���.��� � i ' � � ...o.�, _� �m��i € - , �„ �� �. �,tz��i�. � ' �� � � � - ; � [ ;� a � �g� : : � � �� � � � �� � � � � � � � � -i :��(7�� �7T'�`€Y� �C3� i v ' � ` : R : � � ? �� � a ��� � � � � � � � f � �°,r� �� � � �. � �� . ��� '�. � � � ����� _ � .,,,_{��-��Et'��'..i [ � 2 � I - T � � � I g �'�� '- » t ` E �' �k ��� � � ' `� � �,�� �} � � �� � � � :( � ������. l�e�`��Yt�;� � _ � � � �A�.� � � � � ":€ � � :�-v � { ������ � �� f € � , � � � ° � � � 3 � ,� , � . � ��� � N"� � � �� � ; �; � �� � � ,��`� � � �t�:��e� c����°�1 ��a€ � � � �ia��s������ ��i � ������ ���r���r ,���. � � a � � � °h�����st��u�f�:� .� �� � � � � , � � � . �"�'�� �r�?YI����,.o.� ; i ��� � ���h� 3 � � ���� ��� � � �i € � �'��� � ��� �� i ��wM„�,���,��...�.����,�..�.�..��m�.�.�o�_ _ .:� ��..�o.o� ,�..�.����. ._.�.�.�,�,,.�.�.u�.��. ��..�:�.��_.���a..�,n��,.�.,,,.�m �.�.a��� (Ord.52-09,10-19-2009) Prepared by: Laura Carstens, Citv Planrzer Address: 50 W. 13th St., City Nall Tefephone: 589-4210 Return to: Ke�in Firnstahl, Citv Clerk, Address: City Hall- 50 W. 13Fh Street Telephone: 589-4921 �RDINANCE NO. 22-17 AN ORDINANCE AMENDING TITLE 16, THE UNIFIED DEVELOPMENT C�DE OF THE CITY OF DUBUQUE CODE OF QRDINANCES BY RESCINDING ORDINANCE 02-87 WHICH PROVIDES REGULATIONS F'OR A PL]D PLANNED UNIT DEVELOPMENT DISTRICT W1TH A PLANNED COMMERCIAL DESIGNATION FOR THE DIJTRAC COMMUNITY CREDIT UNION LOCATED AT 3465 ASBURY RDAD AND NOW BEING AMENDED TO ALLOW FOR A REVISION TO THE SCREENfNG REQUIREMENTS WfTHIN THE PUD NOW, THEREFORE, BE 1T ORDAINED BY THE CITY COUNCIL OF THE C1TY OF DUBUQUE, IOWA: Section 1. T�at Title 16, the Unifi�d Developmen# Cod�of the City of Dubuque Code of Ordinances is hereby amended by rescinding Ordinance 02-87 which provides reg�lations for the P�anned Urtit Development District with a Plann�d Commercial District designatio� for Dutrac Comm�nity Cred�t Union, and now being amended �o a11ow for a revised screening requirement as in Exhibit A as stated below, to wit: Lots 1, 2, 3 and 6 of Biock 1, and Lots 1, 2, 3, 4, 5 and 6 of �lock 2 Westchesf�r Subdi�ision, and to th� centerline of th� adjoining p�blic right-of- way, al! in the City of Dubuque, fawa. A. Use Repulations. The following regulatians shall apply to all uses mad�of land in the above-�escribed PC Planned Commercial District: 1 . Th� principal permitted uses shall be limited to: a. Pub�ic or quasi-public ufilities including substations b. Residential use above the firs# floar c. Mortuaries and fun�ral homes Dutrac Community Credi# Unian PUD Page 2 d. Commercial an� non-comm�rcial ark galleries e. Museums and librari�s f. Schools of instruction g. Private or �ublic clubs, auditoriums and assemb�y halls h. General office and rental office i. Medical and dental laboratories j. Drug and health care supplies k. Book, stationary, office supplies, and office furniture 1. Ar�ist ar�d photographic studio m. Printing and publish�ng n. Bank, sa��ngs and loan, and small and industrial ioan companies, credit unions, with a drive-u� or automated facilities o. Data process�ng center wEth abilities for satellite data p. Business services q. Personal servic�s r. Professional services (medical) 2. Accessary use� shall include any use customarily incidental and subordinate to the principal use it serves. 3. Temporary use shalE be limited to the following: Any use listed as a permitted use within the PUD District of a limited du�ation as established in Section 2-5.3 of the Unified Developmer�t Code. B. Lot and Bulk Re._yulations: De�elopment of the land in this particular PC Planned Commercial District shall be regulated as fol�ows. 1 . The primary struc#ure shall provide a minimum thirty (30} foot front yard setback adjoinir�g Asbury Road, a minimum of fifty (50} foot front yard setbac�C adjaining Dana Driv�, and a minimum one hundred (100) foot front yard setback adjoining South Way. Dutrac Cammunity Cr�d�t Union PUD Page 3 2. Accessary structures may be located in the required side yard. 3. No building or structure can exceed forty (40} feet in height. 4. The �rimary s#ructure shafl not exceed 25,00� square fe�t of gross floor area. 5. Screening shal] be requi�ed for afl mechanical equiPment. C. Si ns: 1. The sign regulations shal] be fl�e same as tl�af which are allawed in the OS Offiice ServEce District as establish�d in SectEon 15 Signs of the Unified Development Code. D. Performance Standards 1 . Conceptual Development P�an The de�e[opment and maintenance of uses in �he Dutrac Community Credit Union PUD Plan shall complywith the Conce�tual Plan as follows: a. The site plans shall be submitted ir� accordance with Sectians 12 and 13 of the Ur�ified Deve[opment Code. b. Th� landscaping and screening requirements as established in Section 4-5 shall app�y ta this PC Planned Commercial Dis#rict. A screening composed of earth berm andlor shru�bery of at least five (5) feet in neight and 50% opacity or a combinafion of a solid fence and landscaping as shown ir� Exhibits A and B attach�d to this ordinance shall be provided a�joining South Way and Dana Drive. c. Access to and from the site is restricted to Asbury Road. No curb cuts shall be permitted onto Sou�h Way or Dana Drive. d. TrafFic circulation is restricted to the central portion of the site. e. The rate of storm water discharg�from the developmen#{cubic feet per s�:cor�d) s�tall be limited to the rate estimat� for 30% im�ervious area. f. Within t�e fifty (50) foot front yard sethack a long South Way and Dana Drive, a fif#een (15) foot maxim�m height shalt be allowed fior lighting. Dutrac Community C�edit Union PUD Page 4 2. Off-Street Parking and �oading Regulations a. All vehicle-related features shall be surfaced with standard or permeable asphaft, concrete, or pavers. b. All parking and foading spaces shall be del�neated on the surfacin� material by painted stripes of other permanent means. a. The number, siz� and design of parkir�g spaces and parking � lots, including bicycle parking and shared parking, shall be governed by ap�licable provisions in Section 13 Site Design Standards a�d 14 Parking af t�e City of Dubuque Unifi�d Developmen� Code. I b. Th�: number, size, design, ar�d location of parking spaces designafed f�r persons with disabilities shall be according to the lacal, sta#e, or federal req�irements in effec# at the time af development. c. Na on-street maneuvering of deli�ery venicles will be allowed on any street. Lots shall provide a1f necessary maneuvering space far delivery vehicles wfthin the boundaries of the I�ts. 3. Sit� Lighting New outdoor light fixtures shall comp{y with Section 13-3.1 Site Design Standards of the Unified Deve[opment Code. 4. Landscaping and Screening Regulations Landscaping and screening requirements shali complywith Sectior� �3-4.1 Site Design Standards of the Unified De�ekopment Code and the Performance Standards of this PUD Ordinance. 5. Exterior Trash Collection Areas Exterior�rash coliection areas sl�all comply with Section 13-4.9 Si#e Design Standards of the Unified DeveEopment Code. 6. Exterior Storage Exterior storage sha11 compiy with Sec#ion 13-4.1 Site Design Standards of th� Unified Development Code. 7. Platting Dutrac Community Credit Union PUD Page 5 Subdivision plats shall be s�bmitted in accordance with Section �1 �and Subdivision of#he Unified Development Cade. 8. Site Plans FinaE site development �lans shall be submitted in accordanc� with Section 12 Site Plans and Section 13 Site Design Standards of the Unified Development Code priorto construction of each building and vehicle-related feature unless otherwise exemp#ed by Section 12 Site Plans. 9. Storm Water Con�eyance The dev�loper shall be responsible for providing surface or s�bsurface conveyance(s) of storm wafer from t�e lo# to existing storm sewers or to ffow line of open drainage ways o�tsid�the lat in a means tha# is satisfactory to th� City Er�gir�eer. O�her applicable regulations enforc�d by the C�ty Engineer relative �o storm water manag�ment and drainage sha11 apply to proper�i�s in the PUD District. �0. Noises. Noises generated wifhin the PUD District shall be regulated by CY�apter 33, Article IV, Noises, of the City of Dubuque Code of O�-dinances. �1. Ofiher Codes and Regulatians These regulations do not relieve an owner, developer, ortenantfrom other applicable city, county, state or fed�ral cod�s, regulations, laws and other cont�ols relative to the planning, constructEon, o�eration and management of property �n the PUD District. E. Transfer of Ownershi� Transfer of ownership or lease o�proper�y in the Dutrac Community Credit Union District PUD shall include in the trans'Fer or Iease agreemen# a pravision that the purchaser or lessee acknowledges awaren�ss of tY�e conditions authorizing tne establishmer�t of the District PUD. Sectio� 2. The foregoing amendment has �teretofore been re�iewed by the Zoning Advisory Commission of the City of Dubuque, lowa. Sectian 3. The foregoing amendment shal� tak� effect upan publication, as provided by law. Dutrac Community Credit Union PUD Page 6 Passed, approved and adopted fihis 15th day of Ma , 2017. t ` CJ� � Roy D. Buol;, ayor Attest: r j � � Kevin �'irns�ahl, Ci#y �lerk � 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: 09/08/2023 and for which the charge is 47.47 Subscribed to efore me, a Notary Pub is in and for Dubuque County, Iowa, this 8th day of September, 2023 Notary P v in and for Dubuque County, Iowa. JANET K. PAPE y Commission Number 199659 My Commission Expires 12111 /2025 Ad text : CITY OF DUBUQUE, IOWA OFFICIAL NOTICE PUBLIC NOTICE is hereby given that the Dubuque City Council will conduct public hearings on the 18th day of September, 2023, at 6:30 p.m., in the Historic Federal Building, 350 W. 6th Street, 2nd floor, Dubuque, Iowa, on the following: REZONINOS 1, Request from William R. Biver, Marys Inn Maternity Home to rezone property located at 1749 Churchill Drive from R-1 Single -Family Residential to R-3c Moderate Density Multi -Family Residential with conditions, 2, Request from Cory Ranson to rezone property located at 25 Bissell Lane from OR Office Residential to C-3 General Commercial. 3. Request from Richard Sova; Landover Corporation to rezone property located at Radford Road from Planned Unit Development with PC - Planned Commercial designation to OC Office Commercial, 4, Request from Kim Adams, DuTrac Community Credit Union to rezone property located at 3465 Asbury Road from Planned Unit Development with PC - Planned Commercial designation to C-3 General Commercial 5. Request from Capra Bank to amend the Unified Development Code to allow Drive -Up Automatic Bank Teller as a Permitted Use in the C-3 General Commercial zoning district, as a Conditional Use in the C-4 Downtown Commercial zoning district, and to establish signage regulations for a Drive -Up Automatic Bank Teller use. At the meeting, the City Council will receive oral and written comments from any resident or property owner of said City on 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://cityoRlubuque.novusagenda.com/AgendaPublic/ 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, or by contacting the City Clerk's Office at 563-589-4100 before said time of public hearing. At the 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, 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 9/8 •LQ,''?,`...,.;, ,, ,,- ,- '':.:sY v``': L..'4 C.,./ . - ' - 4... C ,. ..,, o . E 'N., '''‘,..., " , ,-, ,,,, -,.. • ..--;. . .,, . GEI - ."., ''s .... .• ...',-;::‘,:, iiir. • IL 4 SEVitle CM ..• • S"CT""j'Ail ':,,,-•..a.,.'""tri:-Z*.d -' ,- —- ...E"--' ,.. . ,,• .•,t,,,.- I ... NDA DA 10 31111111h; .13.. 6- , I .., VISM cr -L,-1 ' ' r. - AP -- •‘,........ .„,KEY CARGO PA ..'WoNSDN RD ., ' 4 ba ',., r. --:,-. — ''.- ,,,- ,,--- '''' ''''''i ._.s_.)RONSON AD E p r•'fir 2'-_7 a] ' " ,- OM II, s el) ..m_ ' r , ..- • 7, _ 7-"( - _ TIE__ .11 .; i_PIT_ 1 ."-E="9., - , , . .. . lizi rcoli ° ''43 L.,_ tOt F KEN ...., __— ..-• -,, — 1.____.goo AnwaN.vr NI-10i ,, ,.; ' ' 17N'..Z S: , i I 0'3 . ,.110 5 ',.,' / „e•'''.::..4-r.,t-'..--'-1....4.SI; Jr' /i /-,e'6. .6.,,R t•6G,,,q r: i'. C. "'SFr" lig' - "r1V5V.1,..Wr6a 71:{AL - au i'......6::4.:4'241117,47.4r-ra,0,,til 3-1_'70‘"%V.1111VilliW6C-'1'P':411 t 8. - • . - - wi- t•nil, I i'll'• -..IPAIIIPPitiOr'ev .. , 'to 0---... -..... ill, ir• &MAYWOOD DIV,,, ‘'...9:2 '..i4L. ..Ir '42` •rVi4'Or;kM"'..-''''' I t, C ' --, -. i gni, - S •Ra-,,,,, ---- &DR I C 1-•-..V.-.E.7 . Well3d3 E , • .,' •mg mg/aviTil 4- •"4;_ti-,„..... 0 eg g I ,,'•- „,Dna ,,, • ,,,ca.T_ ... ..._ ,,On _ .-.LE.,-.,.. 4bAVO ..'Mairlitigt N CT ii. _L..i f ,-4.70..9441.,,,- ...".IV&.71, , x ,DEBORA&OR 'ISC N a*, r4,- n t. - "E' ..,"v• -f-,..,..• iopPl.„,,-;-,-,ips ,. .11111,111.0;-... mi... - dO Hitd0A10 , ...?ta„,„4 .... a• .t. 1.... — •••••r --",10,-- 0.12_ ,... ,...- i - I..- - . .-F- g ,-• ----,--,,,- ._,. tin 0 ,., t.-41/iliretil 1...i. -7..-410 ... icrirAgNVID t .lit e is [,.... Ed '-'44 ... -F., S. • 'al ' '1 40 5 ''' ' t. It 51 -- -- 2 . girPX4 „„Aom- , - g - -- .• , I 23 . ig P. 1 RIE IM-g,-A 1 1,,,,a 2AIL:131.4, & 1 - , . - . ... A,.,01.0 I tatil'4-•-"ilik ‹ _,,,o• 04- -,p, ..... 't,-=•--_-..,..-....-"rtlly,- ,,,,.oe--. 4"09 • ' ASPEN DR 34 N ,-.-c-' C 7--2-- MY---:-"'. ' tl-•‘.\0 sog° I. ,i. 1.4 1.t.s° rti A - ...-• - ....4. el •,.,- --,15. . A. s. - - wod -i• 110, - a.,46.....ta ft. . 1,..,.\ .• ill ta 04 1,,, ...34--.1.\:.,),_,_-...:-- l• '. ..• ....." -- 0 - C, ,_,-Tullio • ,A. -,, ..,,,,-..--;:..0 - ,\'Afik ' . ,i.", - ----- i,,,,,,, -.....- ..., •, " =-1 ...-1,... ,Va..1.7-3113 3,...f,r.a. 145,,f.. .4i#1.0 ..x.,0 • i'.(4,3°?I'A lik• 1. ,,‘-' ‘-_ -----.<f..4 4% '- .------=-=- T frf- ---,...-„,,i'-: •-., -- 1 .I. ....I, L,, ....•-•0.4' ...,4Z"AO /iti-, , i ,',' - Z; 10:1 ... 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: 09/27/2023 and for which the charge is 22.77 J Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this 27th day of September, 2023 K Notary ' i . c in and for Dubuque County, Iowa. JANET K. PAPE Commission Number 199659 My Commission Expires 12/11/2025 Ad text : OFFICIAL PUBLICATION ORDINANCE NO. 42 - 23 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 3465 ASBURY ROAD FROM PUD PLANNED UNIT DEVELOPMENT WITH PLANNED COMMERCIAL DESIGNATION TO C-3c GENERAL COMMERCIAL DISTRICT WITH CONDITIONS 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 PUD Planned Unit Development with Planned Commercial designation to C-3c General Commercial District with conditions, to wit: Lots 1, 2, 3, and 6 of Block 1, and Lots 1, 2, 3, 4, 5, and 6 of Block 2 Westchester Subdivision, 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 18th day of September, 2023. /s/Brad M. Cavanagh, Mayor Attest:/s/Trish L. Gleason, Assistant City Clerk Published officially in the Telegraph Herald newspaper on the 27th day of September, 2023. /s/Trish L. Gleason, Assistant City Clerk It 9/27