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Amending Unified Development Code regarding Maternity Group Home_HearingCity of Dubuque City Council Meeting Public Hearings # 03. Copyrighted November 20, 2023 ITEM TITLE: Amending Unified Development Code regarding Maternity Group Home SUMMARY: Proof of publication on notice of public hearing to consider a request from Bill Biver, Mary's Inn Maternity Home, to amend the Unified Development Code to include a definition of Maternity Group Home and to list Maternity Group Home as a Permitted Use in all residential, office residential, and commercial zoning districts, and Zoning Advisory Commission recommending approval. ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by amending Article 16-2-3 (Definitions) by adding a definition of Maternity Group Home, and by amending Articles 16-5-2 (R-1), 16-5-3 (R-2), 16-5-4 (R-2A), 16-5-5 (R- 3), 16-5-6 (R-4), 16-5-7 (OR), 16-5-10 (C-1), 16-5-11 (C-2), 16-5-12 (C- 2A), 16-5-13 (C-3), 16-5-14 (C-4), 16-5-15 (C-5), 16-5-16 (CS), And 16- 5-17 (CR) by adding Maternity Group Home as a permitted use SUGGESTED Suggested Disposition: Receive and File; Motion B; Motion DISPOSITION: ATTACHMENTS: Description Type ZAC Letter to Council Staff Memo Application Applicant Letter to City Council Applicant Letter of Explanation to ZAC Staff Report Ordinance Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation Ordinance Presentation 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 COF DtUB E Masterpiece an the Mississippi The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 13th Street Dubuque IA 52001 Applicant: Bill Biver, Mary's Inn Maternity Home Dubuque 2007.2012.2013 2017*2019 November 3, 2023 Description: To amend the Unified Development Code to include a definition of Maternity Group Home and to list Maternity Group Home as a Permitted Use in all residential, office residential, and commercial zoning districts. 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 John Freund, 1005 Main Street, spoke on behalf of the applicant. He reminded the Commissioners that he came before them for the rezoning of 1749 Churchill Drive and stated they were unable to move forward with occupying that location as they did not receive approval of the Conditional Use Permit. Mr. Freund stated that in subsequent conversations with the Planning Services Department, they determined the proposed text amendment to the UDC would be an option to pursue and probably would have been their original request in hindsight. Mr. Freund explained that the proposed text amendment defines a Maternity Group Home separately from the Group Home. He expressed that he feels it's appropriate for a Maternity Group Home to be a Principal Permitted Use in residential, office residential, and commercial districts. He stated that the impact from the Mary's Inn operations should be minimal, noting that other single-family properties could generate more traffic and that their existing location on Balboa Drive blends in with the neighborhood. He expressed that the text amendment fits in with Dubuque's goals to be welcoming and inclusive. The Commission asked about traffic and was curious to know how many women served have cars. Coleen Pasnick, Director of Mary's Inn Maternity Home, stated that approximately eight out of 60 women served have had cars. The Commission asked whether the limit to allow four women still fits with the broader circumstances that would be allowed by the proposed text amendment. Ms. Pasnick Service People Integrity Responsibility Innovation Teamwork The Honorable Mayor and City Council Members Page 2 stated that they do not anticipate wanting to serve more than four women. Bill Biver, President of Mary's Inn Board of Directors expressed that they don't want to disrupt neighborhoods, that they want to blend into the family environment, and operate as a family. Staff discussed the application outlining the proposed definition of a Maternity Group Home and the zoning districts in which a Maternity Group Home would be a permitted use. Staff explained the current Unified Development Code (UDC) standards categorize a maternity home as a Group Home and that a Group Home is currently only allowed in R-3, R-4, and OR districts with the approval of a Conditional Use Permit. Staff discussed the Iowa State Code covering Family Homes as they related to Group Homes in the UDC and explained that the Iowa State Code preempts cities from regulating group homes for individuals with disabilities and/or elderly care. The Commission asked how an ARC group home and the proposed Maternity Group Home would be treated differently with respect to zoning regulations. Staff noted that an ARC group home is allowed by -right in all residential districts under state code, and this text amendment for Maternity Group Homes applies to additional zoning districts. There was no public comment. The Zoning Advisory Commission discussed the request finding it appropriate. Recommendation By a vote of 5 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, lea Matt Mulligan, Chairglisio!n�� Zoning Advisory Co Attachments Service People Integrity Responsibility Innovation Teamwork T1 IE CITY OF DUB Masterpiece on the Mississippi City of Dubuque Planning .gyp Yi . Depadment Dubuque, IA 52001-4845 Phone:563-589-4210 Fax: 563-S89-4221 nning%atitvofdubuque.org APPLICATION !• Zoning Advisory Zoning Board of Development Services Historic Preservation Commission Commission Adiustment ❑ Annexation ❑ Demolition Review ❑ Amended PUD ❑ Conditional Use Permit ❑ Limited Setback Waiver ❑ Historic Revolving Loan ❑ Rezoning/PUD/ID ❑ Special Exception ❑ Site Plan Simple ❑ Certificate of Economic Non -Viability © Text Amendment Q Variance Q Site Plan Minor ❑ Design Review Certificate of ❑ Simple Subdivision ❑ Appeal ❑ Site Plan Major Appropriateness ❑ Preliminary Plat ❑ Simple Subdivision ❑ Advisory Design Review (Public ❑ Major Final Plat ❑ Temporary Use Permit Projects) ❑ Minor Final Plat ❑ Port of Dubuque/ ❑ Historic Designation ❑ Waiver from Site Chaplain Schmitt Island Design Standards Design Review applicablePlease complete the , A. Property Information Site Location/Address: Legal Description/Parcel ID#/Subdivision: Existing Zoning: Proposed Zoning: Site Area (square feet/acres): Historic District: -andmark: ❑ Yes ❑ No S. Describe proposal and reason for application (attach a letter of explanation, if necessary): Amendment of the city code to permit Maternity Group Homes within all residential, office residential, or commercial is nc s as a pFinUipal permitted use. I he attached a er of exp an -a ion ink u es a propose definition of a Maternity Group Home. C. Applicant/Agent Information Name: Mary's Inn, an Iowa Nonprofit Corp./William R. Biver - President Add,: 2750 Balboa Dr. State: IA Zip:52001 D. Property Owner(s) Information Name(s): Address: State: Zip: Phone: 563.580.6986 City: Dubuque Email: b.biver@dbgarch.org MM E. Certification: I/we, the undersigned, do hereby certify/acknowledge that: Phone: City: 1. Payment does not guarantee approval and fees are nonrefundable; 2. All additional required written and graphic materials are attached; 3. It is the property owner's responsibility to locate property lines and to review the abstract for easements and restrictive covenants; and 4. The information submitted herein is true and correct to the best of my/our knowledge and upon submittal becomes public record. i Applicant/Agent: N444.4 1L+r� R & XZv—r ai_C&[ Date:01 Property Owner(s): n/a Date: FOR OFFICE USE ONLY Fee $ Ck# ❑CC ❑Cash Received by Date FREUND LAW FIRM, P.C. John D. reu 1005 Main S�jreet, Suite 2 r DubuqueJ, IA 52001 jdund@jdfreundlaw *�'1�elephone: (563) 587-8 Facsimile: (898) 626-7317 www.jdfreurxdl.aw.com Admitted in Iowa and Wisconsin November 9, 2023 VIA ELECTRONIC MAIL (wwernimo@cityofdubuque.org) (smoon@cityofdubuque.org) City of Dubuque Attn: Mayor and City Council c/o Planning Services Department RE: MARY'S INN MATERNITY HOME / TEXT AMENDMENT Dear Mr. Mayor and Honorable Members of the City Council: As you may recall, the undersigned represents Mary's Inn Maternity Home. My client has submitted an application for a text amendment to the Unified Development Code to permit maternity homes to be a principal permitted use in any residential, office, or commercial zone within the City of Dubuque. We have taken this step because the original intention of Mary's Inn to purchase 1749 Churchill Drive was not realized after the Zoning Board of Adjustment denied a conditional use permit to Mary's Inn for operating a group home at that site. We have therefore examined the options available to us, and this text amendment option was the best available. Frankly, had we considered this approach earlier, then we probably would have started with such an application rather than a request to rezone an individual property. On November 1, 2023, Mary's Inn presented our text amendment application to the Zoning Advisory Commission. No one spoke in opposition of the text amendment. We provided a definition of a Maternity Home, which was specifically designed to describe how Mary's Inn presently operates. That proposed definition is: Maternity Group Home means a community -based residential home providing room and board, supervision, training, education, and personal support in a family environment for up to four (4) women who are either pregnant or have given birth within the last twenty- four (24) months and their child(ren). The site may also include both onsite overnight room accommodations and office space for staffwho provide and/or administrate such a service. The Zoning Advisory Commission unanimously voted to recommend that the Unified Development Code be amended to 'n�de this e i n that a Maternity Group Home be a principal permitted use in the folio i , g zones w hin the Cit f Dubuque: R-1, R-2, R-3, R-4, OR, C-1, C-2, C-2A, C-3, C-4, C-5, C f�a-nd CR. The commissioners provided positive feedback in support of the application and consistent with the goal of Dubuque being a welcoming and inclusive community. i— We are asking that you approve the text amendment as submitted and supported by the Zoning Advisory Commission. The broad nature of this amendment is intended to provide sufficient options for Mary's Inn to obtain a property that suits its needs. While Mary's Inn has usually sought a property in a residential neighborhood, there is still a real possibility that a useable property may be found in an area with more office and commercial uses. We note that the Dubuque Rescue Mission and the Teresa Shelter are both downtown locations in more commercial/office districts. If Mary's Inn were to find a property under similar circumstances, we would want to be able to make an offer that is not contingent on further rezoning. The same, of course, is true of any residential property that might be worth pursuing, which is why all residential districts are included in the text amendment. As with our first application, Mary's Inn believes that the impact of this text amendment will only be positive. Increased traffic and activity at any Mary's Inn site are likely to be minimal (or even less than presently experienced). Mary's Inn will always assess its property condition and take any necessary steps to improve the property, which will have the effect of not only increasing the property's value but also the value of surrounding properties, and the primary purpose of improvements will always be for the safety of the mothers and their children. Finally, the presence of young mothers and their children in any neighborhood will not be a detriment. These women, some of whom appeared before you in our first public hearing, are grateful for the support, care, and structure provided by Mary's Inn and their neighbors. The message that we should continue to give (as you did in your previous unanimous vote) is that Dubuque welcomes these women and wants them to be supported in a caring environment. We ask that you again show your support and vote yes to the proposed text amendment. Thank you. Best Regards, FREUND LAW FIRM, P.C. By John D. Freund Letter of Explanation associated with B. on Mary's Inn Application for Text Amendment Mary's Inn has served Dubuque and Eastern Iowa for the last eight (8) years as a maternity home providing support for pregnant women and new mothers. The needs of the women served are varied: some require physical care, others require emotional support, and others need assistance with learning how to be mothers to their children. Some need all the above. Mary's Inn has served over 60 women since beginning its operations in 2015 at 2750 Balboa Drive in Dubuque. The need for Maternity Group Homes in our community is real. Recipients of the services including mothers, new mothers, and their babies thrive in a family and community setting. It stands to reason that a community like Dubuque ought to encourage and assist expectant and new mothers to make a better life for themselves and their children, especially when they do not have their own family or other support system in place. The women whom Mary's Inn has served are among the least intrusive and least objectionable of neighbors, particularly when they are required to abide by the rules and procedures established by an organization like Mary's Inn. Mary's Inn would like the City of Dubuque to modify its code of ordinances to further incorporate the inclusivity and welcoming atmosphere for which Dubuque is so well known. Allowing Maternity Group Homes like Mary's Inn to operate as a principal permitted use in any of Dubuque's residential, office residential, or commercial districts will provide that welcome and send a message that Dubuque is a nurturing and supportive community to those who are most in need. Mary's Inn proposes that the City of Dubuque adopt a text amendment to its code of ordinances to include a definition of "Maternity Group Home" as shown below and then to allow for such as a principal permitted use within all residential, office residential, and commercial zoning districts. Proposed definition: Maternity Group Home means a community -based residential home providing room and board, supervision, training, education, and personal support in a family environment for up to four (4) women, who are either pregnant or who have given birth within the last twenty-four (24) months, and their (child)ren. Such a site may also include both onsite overnight room accommodations and office space for the staff who provide and/or administrate such a service. THE CITY OF DUB El Masterpiece on the Mississippi TO: Zoning Advisory Commission Dubuque AII-Ameeica City 1II��r 2007-2012t2013 2017*2019 October 25, 2023 FROM: Shena Moon, Associate Planner SUBJECT: To amend the Unified Development Code to include a definition of Maternity Group Home and to list Maternity Group Home as a Permitted Use in all residential, office residential, and commercial zoning districts. INTRODUCTION This memo transmits an application and an ordinance for a proposed Text Amendment to the Unified Development Code (UDC) zoning regulations to add a definition of Maternity Group Home and to allow a Maternity Group Home as a Permitted Use in all residential, office residential, and commercial zoning districts. The UDC notes: "Text amendments are intended for wholesale changes to the zoning regulations, as a means for the City to respond to changing conditions and emerging trends in the community. Text amendments are not property specific." BACKGROUND The applicant, Mary's Inn Maternity Home, has submitted an application to amend the zoning code requirements for a Maternity Group Home use. Currently, Maternity Group Home use is categorized as a Group Home in the UDC. A Group Home is defined as "any group of persons not meeting the definition of family and occupying a single dwelling unit living together as a single housekeeping unit, but not including a boarding or rooming house." The proposed text amendment would define a Maternity Group Home as a specific and separate use from a Group Home. Currently, the UDC requires a Conditional Use Permit to allow a Maternity Group Home as a Group Home within the R-3, R-4, and OR zoning districts. The proposed text amendment would allow a Maternity Home as a Permitted Use within the R-1, R-2, R-2A, R-3, R-4, OR, C-1, C-2, C-2A, C-3, C-4, C-5, CS, and CR zoning districts. DISCUSSION Mary's Inn Maternity Home desires to amend the Unified Development Code to allow a Maternity Group Home as a Permitted Use in all residential, office residential, and commercial zoning districts. Maternity Home - Text Amendment Memo Page 2 The Unified Development Code (UDC) defines Group Homes as "any group of persons not meeting the definition of "family" and occupying a single dwelling unit living together as a single housekeeping unit, but not including a boarding or rooming house". Types of uses that are categorized as a Group Home per the UDC would include uses such as an elderly care home, a residential care home, foster care home, or a maternity home. The UDC currently requires a Conditional Use Permit to allow a Group Home in the R-3, R-4, and OR zoning districts only. Iowa State Code §414.22 establishes specific zoning requirements for a "family home", which is the state's equivalent to a Group Home in the UDC. State Code defines a "family home" as "a community -based residential home which is licensed as a residential care facility or as a child foster care facility to provide room and board, personal care, habilitation services, and supervision in a family environment exclusively for not more than eight persons with a developmental disability or brain injury'. The state code requires that a city shall consider a family home a residential use of property for the purposes of zoning and shall treat a family home as a permitted use in all residential zones or districts. Furthermore, the state code preempts any city, city council, or city zoning commission from requiring that a family home, its owner, or operation obtain a conditional use permit, special use permit special exception, or variance in order operate. As a result of the state code requirements, uses such as a residential care home for persons with disabilities or an elderly care home that are defined as a Group Home in the UDC cannot be regulated by a Conditional Use Permit and must be permitted by -right within residential uses throughout city. Per Iowa State Code, a pregnant woman is not categorized as having a disability and therefore is not covered by the regulations set forth in Iowa State Code §414.22. Consequently, state code does not preempt any city, city council or city zoning commission from regulating a Maternity Group Home specifically. As such, currently the UDC requires a Conditional Use Permit be granted in order to allow a Maternity Group Home as a Group Home in the R-3, R-4 and OR zoning districts. The applicant, Mary's Inn Maternity Home, which is currently located at 2750 Balboa Drive within the City of Dubuque, is requesting a text amendment to the UDC in order to allow a Maternity Group Home as a Permitted Use in all residential, office residential, and commercial zoning districts. As part of this amendment, Mary's Inn is seeking to define Maternity Group Home as a specific use in the UDC as follows: Maternity Group Home: A community -based residential home providing room and board, supervision, training, education, and personal support in a family environment for up to four (4) women, who are either pregnant or who have given birth within the last twenty-four (24) months, and their child(ren). Such a site may also include both onsite overnight room accommodations and office space for staff who provide and/or administrate such a service. The proposed request would also list a "Maternity Group Home" as a Permitted Use in the following zoning districts: Maternity Home - Text Amendment Memo Page 3 ■ R-1 Single -Family Residential ■ R-2 Two -Family Residential ■ R-2A Alternate Two -Family Residential ■ R-3 Moderate Density Multiple -Family Residential ■ R-4 Multiple -Family Residential ■ OR Office Residential ■ C-1 Neighborhood Commercial ■ C-2 Neighborhood Shopping Center ■ C-2A Mixed Use Neighborhood ■ C-3 General Commercial ■ C-4 Downtown Commercial ■ C-5 Central Business ■ CS Commercial Services and Wholesale ■ CR Commercial Recreation As proposed, the text amendment would allow a Maternity Group Home as a Permitted Use in the zoning districts outlined above. It is worth noting that each district identified allows for residential uses ranging from detached single-family homes to higher density multi -family residential development. As proposed, the definition of a Maternity Group Home would limit the occupancy to a maximum number of four (4) women along with their child(ren) and staff associated with the use. The parking requirements for a Maternity Group Home would be regulated the same as a Group Home, which requires .33 parking spaces per tenant. For a home with four (4) women the total parking requirement would be a maximum of two (2) spaces (rounded up from 1.32). This requirement would be consistent with parking standards for a single- family residence which requires a minimum of two (2) spaces. The parking requirement for Group Homes does not address additional parking for staff. The proposed text amendment could be adopted as proposed by the applicant, with Commission recommendations, or not adopted at all. RECOMMENDATION Planning staff recommends that the Zoning Advisory Commission review the information in this packet, and then make a recommendation to the City Council on the proposed text amendment. Enclosures 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. 1311 St Telephone: 563-589-4121 ORDINANCE NO. 49-23 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY AMENDING ARTICLE 16- 2-3 (DEFINITIONS) BY ADDING A DEFINITION OF MATERNITY GROUP HOME, AND BY AMENDING ARTICLES 16-5-2 (R-1), 16-5-3 (R-2), 16-5-4 (R-2A), 16-5-5 (R-3), 16-5-6 (R-4), 16-5-7 (OR), 16-5-10 (C-1), 16-5-11 (C-2), 16-5-12 (C-2A), 16- 5-13 (C-3), 16-5-14 (C-4), 16-5-15 (C-5), 16-5-16 (CS), AND 16-5-17 (CR) BY ADDING MATERNITY GROUP HOME AS A PERMITTED USE 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 Chapter 16-2-3 Definitions is hereby amended as follows: 16-2-3 Definitions Maternity Group Home: A community -based residential home providing room and board, supervision, training, education, and personal support in a family environment for up to four(4)women, who are either pregnant or who have given birth within the last twenty-four (24) months, and their child(ren). Such a site may also include both onsite overnight room accommodations and office space for staff who provide and/or administrate such a service. Section 2. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code Chapters 16-5-2 (R-1), 16-5-3 (R-2), 16-5-4 (R-2A), 16-5-5 (R-3), 16- 5-6 (R-4), 16-5-7 (OR), 16-5-10 (C-1), 16-5-11 (C-2), 16-5-12 (C-2A), 16-5-13 (C-3), 16- 5-14 (C-4), 16-5-15 (C-5), 16-5-16 (CS), AND 16-5-17 (CR), are hereby amended as follows: 16-5-2-1 Principal Permitted Uses Maternity Group Home Ordinance 49-23 Page 2 16-5-3-1 Principal Permitted Uses Maternity Group Home 16-5-4-1 Principal Permitted Uses Maternity Group Home 16-5-5-1 Principal Permitted Uses Maternity Group Home 16-5-6-1 Principal Permitted Uses Maternity Group Home 16-5-7-1 Principal Permitted Uses Maternity Group Home 16-5-8-1 Principal Permitted Uses Maternity Group Home 16-5-9-1 Principal Permitted Uses Maternity Group Home 16-5-10-1 Principal Permitted Uses Maternity Group Home 16-5-11-1 Principal Permitted Uses Maternity Group Home 16-5-12-1 Principal Permitted Uses Maternity Group Home 16-5-13-1 Principal Permitted Uses Maternity Group Home 16-5-14-1 Principal Permitted Uses Maternity Group Home Ordinance 49-23 Page 3 16-5-15-1 Principal Permitted Uses Maternity Group Home 16-5-16-1 Principal Permitted Uses Maternity Group Home 16-5-17-1 Principal Permitted Uses Maternity Group Home Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 4. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 201h day of November 2023. Brad M. Cavan ayor Attest: a"�� A, -u� �' Adrienne N. Breitfelder, City Clerk Text Amendment: Maternity Group Home To amend the Unified Development Code to include a definition of Maternity Group Home and to list Maternity Group Home as a Permitted Use in all residential, office residential, and commercial zoning districts. City Council Meeting November 20, 2023 Current UDC Standards ➢ A Maternity Group Home is currently categorized as a Group Home in the Unified Development Code (UDC). ■ Group Home is "any group of persons not meeting the definition of family and occupying a single dwelling unit living together as a single housekeeping unit, but would not include a boarding or rooming house" ➢ The current UDC requires a Conditional Use Permit to allow a Maternity Group Home as a Group Home within the R-3, R-4, and OR zoning districts. ■ Not permitted in any other zoning district Iowa State Code §414.22 ➢ Establishes zoning requirements for a "family home" which is the state's equivalent to a Group Home in the UDC. ■ Family home is "a community -based residential home which is licensed as a residential care facility or as a child foster care facility to provide room and board, personal care, habilitation services, and supervision in a family environment exclusively for not more than eight persons with a developmental disability or brain injury". ■ State law requires a city to consider a family home a residential use of property and shall allow a family home as a permitted use in residential zones. ■ State code preempts any city, city council, or city zoning commission from requiring a family home to obtain a conditional use permit, special exception, or variance. ■ Pregnancy is not categorized as a disability and therefore is not covered by the regulations for a family home. Proposed Text Amendment ➢ Proposed amendment would allow a Maternity Group Home as a Permitted Use in all residential, office residential, and commercial zoning districts. ➢ Proposed definition: ■ "Maternity Group Home: A community -based residential home providing room and board, supervision, training, education, and personal support in a family environment for up to four (4) women, who are either pregnant or who have given birth within the last twenty-four (24) months, and their child(ren). Such a site may also include both overnight room accommodations and office space for staff who provide and/or administrate such a service." ➢ Maternity Group Home would be allowed as a Permitted Use in R-1, R-21 R-2A, R-3, R-41 OR, C-11 C-2, C-2A, C-3, C-41 C-S, CS, and CR zoning districts. By a vote of 5 to 0, the Zoning Advisory Commission recommends approval of the text amendment. A simple majority vote is necessary to approve the text amendment. 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: 11/10/2023 and for which the charge is 41.40 Subscribed to before me, a Notary P is in and for Dubuque County, Iowa, this loth day of November, 2023 Notary P in and for Dubuque County, Iowa. JA:NE T it. .APE Commission Number 199659 My Commission Expires 12/11/2025 Ad text : CITY OF DUBUQUE, IOWA OFFICIAL NOTICE PUBLIC NOTICE is hereby given that the Dubuque City Council will conduct public hearings on the 20th day of November, 2023, at 6:30 p.m., in the Historic Federal Building, 350 W. 6th Street, 2nd floor, Dubuque, Iowa, on the following: AMENDMENT 1. "Request from Aaron Healy, Ruhl & Ruhl to amend Zone B of the South Pointe Planned Unit Development to allow increased lot coverage and reduced front and rear yard setbacks for townhome development at the location of the South Pointe Subdivision. 2. "Request from Keith Wolff, Dubuque Sign, to amend the Dubuque Industrial Center South Planned Unit Development to increase the size of directional signage at the location of 751 Seippel Road. 3. "Request from Bill Biver, Marys Inn Maternity Home, to amend the Unified Development Code to include a definition of Maternity Home and to list Maternity Home as a Permitted Use in all residential, office residential, and commercial zoning districts. 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, 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, CMC City Clerk It 11/10 STATE OF IOWA SS: DUBUQUE COUNTY CERTIFICATE OF PUBLICATION I, Kathy Goetzinger, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: 11/24/2023 and for which the charge is 44.71 Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this 27th day of November, 2023 r lac in and for Dubuque County, Iowa. Notar c 8 JANET K. PAPE o - ; Commission Number 199659 tit• x "'�' r My Commission Expires rower 12/11/2025 Ad text : CITY OF DUBUQUE OFFICIAL PUBLICATION ORDINANCE NO. 49-23 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY AMENDING ARTICLE 16-2-3 (DEFINITIONS) BY ADDING A DEFINITION OF MATERNITY GROUP HOME, AND BY AMENDING ARTICLES 16-5-2 (R-1), 16-5-3 (R-2), 16-5-4 (R-2A), 16-5-5 (R-3), 16-5-6 (R-4), 16-5-7 (OR), 16-5-10 (C-1), 16-5-11 (C-2), 16-5-12 (C-2A), 16-5-13 (C-3), 16-5-14 (C-4), 16-5-15 (C-5), 16-5-16 (CS), AND 16-5-17 (CR) BY ADDING MATERNITY GROUP HOME AS A PERMITTED USE 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 Chapter 16-2-3 Definitions is hereby amended as follows: 16-2-3 Definitions Maternity Group Home: A community -based residential home providing room and board, supervision, training, education, and personal support in a family environment for up to four (4) women, who are either pregnant or who have given birth within the last twenty-four (24) months, and their child(ren). Such a site may also include both onsite overnight room accommodations and office space for staff who provide and/or administrate such a service. Section 2. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code Chapters 16-5-2 (R-1), 16-5-3 (R-2), 16-5-4 (R-2A), 16-5-5 (R-3), 16-5-6 (R-4), 16-5-7 (OR), 16-5-10 (C-1), 16-5-11 (C-2), 16-5-12 (C-2A), 16-5-13 (C-3), 16-5-14 (C-4), 16-5-15 (C-5), 16-5-16 (CS), AND 16-5-17 (CR), are hereby amended as follows: 16-5-2-1 Principal Permitted Uses Maternity Group Home 16-5-3-1 Principal Permitted Uses" Maternity Group Home 16-5-4-1 Principal Permitted Uses Maternity Group Home 16-5-5-1 Principal Permitted Uses Maternity Group Home 16-5-6-1 Principal Permitted Uses Maternity Group Home 16-5-7-1 Principal Permitted Uses Maternity Group Home 16-5-8-1 Principal Permitted Uses Maternity Group Home 16-5-9-1 Principal Permitted Uses Maternity Group Home 16-5-10-1 Principal Permitted Uses Maternity Group Home 16-5-11-1 Principal Permitted Uses Maternity Group Home 16-5-12-1 Principal Permitted Uses Maternity Group Home 16-5-13-1 Principal Permitted Uses Maternity Group Home 16-5-14-1 Principal Permitted Uses Maternity Group Home 16-5-15-1 Principal Permitted Uses Maternity Group Home 16-5-16-1 Principal Permitted Uses Maternity Group Home 16-5-17-1 Principal Permitted Uses Maternity Group Home Section 3. "The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 4. "This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 20th day of November 2023. /s/Brad M. Cavanagh, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 24th day of November, 2023. /s/Adrienne N. Breitfelder, CMC, City Clerk It 11/24