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Request to Rezone 1646 Asbury Road_HearingCity of Dubuque City Council Meeting Public Hearings # 01. Copyrighted February 19, 2024 ITEM TITLE: Request to Rezone 1646 Asbury Road SUMMARY: Proof of publication on notice of public hearing to consider a request from Dusty Rogers to rezone property located at 1646 Asbury Road from C-2 Neighborhood Shopping Center to C-3 General Commercial, and Zoning Advisory Commission recommending approval. ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 1646 Asbury Road from C-2 Neighborhood Shopping Center District to C-3 General Commercial District SUGGESTED Suggested Disposition: Receive and File; Motion B; Motion DISPOSITION: ATTACHMENTS: Description Type ZAC Staff Memo to CC Staff Memo Planning Application Supporting Documentation Vicinity Map Supporting Documentation Staff Report Staff Memo C2 Zoning Districts Supporting Documentation C3 Zoning District Supporting Documentation Ordinance Ordinance 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 pIarming@d1yofdubuque.org THE CITY OF DiUB E Masterpiece on the Mississippi The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 131" Street Dubuque IA 52001 Dubuque AI-Amwin Cil! 2007-2012.2013 2017*2019 February 9, 2024 Applicant: Dusty Rogers Location: 1646 Asbury Road Description: To rezone property from C-2 Neighborhood Shopping Center 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 The applicant, Dusty Rogers, spoke on behalf of his application. He explained that they are seeking to rezone from C-2 to C-3 so they can expand the Dog House Lounge into another portion of the building which will give them more space for the seating area, will help to separate the bar and seating area, and will allow them to relocate the pool tables and darts boards. Staff detailed the staff report noting the request to rezone from C-2 to C-3 and explained that the Dog House Lounge has operated here for more than 50 years in a legally non- conforming status, but the expansion of the business is requiring them to become compliant with zoning, and C-3 allows for the bar/tavern as a permitted use. Staff discussed the surrounding zoning districts and uses in proximity to the subject site and reviewed a chart of the permitted uses in the C-2 and C-3 districts. Staff described how the size and configuration of the site may restrict some uses that would be permitted in the C-3 zoning district and should the site ever be redeveloped it could require waivers or variances for other development. She noted that adequate paved off-street parking is provided and that the property is identified as Mixed Use in the Future Land Use Map. The Commission sought clarification regarding adjacent zoning districts and the future plans for a roundabout development at the intersection of Asbury Road and University Avenue. Staff confirmed that a roundabout is planned, and there is a building permit moratorium for substantial improvements, but the proposed improvement has been reviewed by the City Engineer and has been determined to not be significant enough to trigger the moratorium. Staff stated that the Engineering Department is currently in the process of designing the roundabout and evaluating the layout and noted the two empty Service People Integrity Responsibility Innovation Teamwork The Honorable Mayor and City Council Members Page 2 dirt lots are City owned lots acquired in the event that space is needed for the roundabout. There were no public comments. Staff explained that all property owners within 200' of the subject property were notified of the request. Staff explained that Ken Cook, an adjacent property owner, contacted staff and had no objections to the rezoning. Staff had not received any opposition to the request. Staff clarified that the property has adequate off-street paved parking. The Zoning Advisory Commission discussed the request and approved the rezoning of 1646 Asbury Road from C-2 Neighborhood Shopping Center to C-3 General Commercial as submitted. Recommendation By a vote of 6 - 0, the Zoning Advisory Commission recommends that the City Council the request. A simple majority vote is needed for the City Council to approve the request. Respectfully submitted, A/0 Matt Mulligan, Chairperson. Zoning Advisory Commission Attachments Service People Integrity Responsibility Innovation Teamwork Dubuque THE CITY OF krkyyl DUB E �I 2001-2012.2013 2017*2019 Masterpiece on the MISSISSippi Zoning_ Advisory Commission ❑ Amended PUD ❑x Rezoning/PUD/ID ❑ Text Amendment ❑ Simple Subdivision ❑ Preliminary Plat ❑ Major Final Plat ❑ Minor Final Plat ❑ Waiver from Site Design Standards A. Property Information Zoning Board of Adiustment ❑ Conditional Use Permit ❑ Special Exception ❑ variance ❑ Appeal Site Location/Address:1646 Asbury Road Legal Description/Parcel ID#/Subdivision: D-2 Development Services ❑ Annexation ❑ Limited Setback Waiver ❑ Site Plan Simple ❑ Site Plan Minor ❑ Site Plan Major ❑ Simple Subdivision ❑ Temporary Use Permit ❑ Port of Dubuque/ Chaplain Schmitt Island Design Review PIN 1026104008 Existing Zoning: Proposed Zoning: Historic District: City of Dubuque Planning Services Department Dubuque, IA 52001-4845 Phone:563-589-4210 Fax: 563-589-4221 planning5dtvofdubuaue.orq Historic Preservation Commission ❑ Demolition ❑ Historic Revolving Loan ❑ Certificate of Economic Non -Viability ❑ Design Review Certificate of Appropriateness ❑ Advisory Design Review (Public Projects) ❑ Historic Designation: C-3 Site Area (square feet/acres): 12,878 SF / .29 acres Landmark: ❑ Yes ® No B. Describe proposal and reason for application (attach a letter of explanation, if necessary): Request to rezone the property from C-2 to C-3. C. Applicant/Agent Information Name: Dusty RogersPhone: 563-542-1097 Address: 1646 Asbury Road City: Dubuque State: IA zip: 52001 Email: DustyRogers22@gmail.com D. Property Owner(s) Information Name(s): Dusty Rogers CS�as4i p,? Phone: 563-542-1097 Address: 164GAsbury Road City. Dubuque State: 1A zip: 52001 Email: DustyRogers22@gmail.com E. Certification: I/we, the undersigned, do hereby certify/acknowledge that: 1. Payment does not guarantee approval and fees are nonrefundable; Z. 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. Applicant/Agent: r�Q Date: Property Owner(s):� `� n Date: Fee $ 6S0 Ck# �� 1 ❑CC ❑Cash Received b�'rc- Date I g 97t10 �� 2300 7,7m �3 f3� 9M no 9M 9F� 9i3�3 a 2239 2215 Vicinity Map 1 � o �? F N� P� ggeURrRO Y ENNSYLVAN AAVE DODGE ST SwgRTFR/q Applicant: Dusty Rogers Location: 1646 Asbury Road Description: To rezone property from C-2 Neighborhood Shopping Center to C-3 General Commercial. .■ ■ ■ Nor. Subject Property City Limits 0 37.5 75 150 N A Feet 1:1,130 REZONING STAFF REPORT Property Address: 1646 Asbury Road Property Owner: Dusty Rogers Realty LLC Applicant: Dusty Rogers Zoning Agenda: February 7, 2024 Description: To rezone property from C-2 Neighborhood Shopping Center to C-3 General Commercial. Proposed Land Use: Commercial/Office Existing Land Use: Commercial/Office Adjacent Land Use: North — Residential East — Residential South — Commercial West — Commercial Former Zoning: Prior to 1975 — Local Business Proposed Zoning: C-3 Existing Zoning: C-2 Adjacent Zoning: North — OC 1975 — C-2 Commercial 1985 — C-2 Neighborhood Shopping Center Total Area: .3 acres / 12,900 sq. ft. East — R-1 South — C-2 West — C-2 Property History: The subject property is comprised of one lot and is improved with a one- story commercial building with a walk -out lower level, and a surface parking lot. The existing building is occupied by a general office use, a meeting room, and a dog wash service on the lower level. The main level includes a vacant storefront space and the Dog House Lounge. The dog wash service and the Dog House Lounge are both considered legally non -conforming' uses. Physical Characteristics: The subject property is approximately .3 acres (12,900 sq. ft) in area. The lot has frontage along Asbury Road and vehicular access to the site is from Asbury Road. The western half of the property is primarily flat and the eastern half slopes downhill with an approximately 20' elevation change. Surrounding development consists of residential uses to the north and east and commercial uses to the west and south including a chiropractor office, a BP gas station, a Conoco gas station, Finley-Hartig Home Care, and West Dubuque Tap. 1 Legally Nonconforming Use: A use lawful when established but which does not conform to subsequently established zoning or zoning regulation. Rezoning Staff Report: 1646 Asbury Road Page 2 1646 Asbury Road r Rezoning Request CA,, SLibject Property ;. 4Pto rt 3rS; TV J41 L # L+-)r3 L'�—I { •r I r-ca i 5 ir 1 f VUBUQUE X # do r ti t l'p'-Y r � Lvtti 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 Map identifies the subject property as Mixed Use. Rezoning Staff Report: 1646 Asbury Road Page 3 Impact of Request on: Utilities: Existing utilities are adequate to serve the subject property. Traffic Patterns/Counts: The Iowa Department of Transportation (IDOT) categorizes Asbury Road as a Minor Arterial and provides traffic count information for the road. The IDOT data indicates an average daily traffic count of 12,500 trips along this section of Asbury Road (2021). The proposed rezoning is not anticipated to increase traffic to the subject site beyond the traffic that is already generated by the existing uses and the mixed -use neighborhood. Public Services: Existing public services are adequate to serve the subject property regardless of how it may be utilized or redeveloped. Environment: The subject property consists of one lot which is improved with an existing one-story commercial building with walk -out lower level, and a surface parking lot. The applicant is not proposing any changes to the exterior of the existing building or to the existing surface parking lot. Rather, the applicant is requesting a rezoning in order to expand the footprint of The Dog House Lounge, which is a legally nonconforming use as a bar. In the event any exterior structure or site work is proposed in the future, that work would be subject to review by the city's Development Review Team (DRT) to ensure the work is compliant with city codes and to ensure any potential effects on the environment would be mitigated through appropriate site development. Therefore, the proposed rezoning is not anticipated to have an any adverse impacts on the environment. Adjacent Properties: The subject property is surrounded by commercial development to the south and west which includes uses such as a chiropractor office, a BP gas station, a Conoco gas station, Finley-Hartig Home Care, and West Dubuque Tap. To the east of the subject property are single-family residential properties. Directly to the north are two multi- family residential properties which are under common ownership with the subject property. The proposed rezoning would change the zoning designation for the subject property only and would not include any physical changes to the lot or access thereto. Therefore, it is not anticipated that the proposed rezoning would negatively affect adjacent properties. CIP Investments: The City of Dubuque previously conducted an East West Corridor Study which concluded that improvements would be needed along University Avenue in order to offer improved connectivity between the east and west sides of the city. As a result of the study, the City is planning for the future construction of a roundabout at the intersection of University Avenue and Asbury Road. Staff Analysis: The applicant proposes to rezone the subject property located at 1646 Asbury Road from C-2 Neighborhood Shopping Center to C-3 General Commercial. The property is currently improved with a one-story commercial building with a walk -out lower level, and a surface parking lot. The existing building is occupied by a general office use, a meeting room, and a dog wash service on the lower level. The main level includes a vacant storefront space and the legally non -conforming Dog House Lounge, as a bar is not permitted in a C-2 district. Rezoning Staff Report: 1646 Asbury Road Page 4 The subject property is approximately .3 acres (12,900 sq. ft) in area. The lot has frontage along Asbury Road and vehicular access to the site is from Asbury Road. The western half of the property is primarily flat and the eastern half slopes downhill with an approximately 20' elevation change. Surrounding development consists of residential uses to the north and east and commercial uses to the west and south including a chiropractor office, a BP gas station, a Conoco gas station, Finley-Hartig Home Care, and West Dubuque Tap. The Iowa Department of Transportation (IDOT) categorizes Asbury Road as a Minor Arterial and provides traffic count information for the road. The IDOT data indicates an average daily traffic count of 12,500 trips along this section of Asbury Road (2021). The proposed rezoning would allow for the expansion of the Dog House Lounge which would move into a portion of the building that was previously occupied by a bakery use. Although the expansion may slightly increase traffic generated to the Dog House Lounge specifically, it is not anticipated that it will have a substantial increase to overall traffic to the site. The subject property and two properties located directly to the north are under common ownership. Adequate parking is provided throughout the three lots for all uses on the subject property and the adjacent lots. The Dog House Lounge is an existing bar/tavern use that has been in operation for more than 50 years and was legally established prior to the current zoning regulations. Because of this, The Dog House Lounge is considered to be a legally nonconforming use as the current zoning of C-2 Neighborhood Shopping Center does not allow a bar or tavern use. The Unified Development Code (UDC) states that any lawful nonconforming use may continue so long as it remains otherwise lawful and provided there is no enlargement, increase, or extension of the use beyond the area initially established at the time the current code was adopted. At this time, the applicant desires to expand the total area of The Dog House Lounge beyond the currently legally nonconforming area. In order to expand the bar/tavern use, the applicant is requesting a rezoning to C-3 General Commercial in which a bar/tavern use is permitted. Also worth noting is that the existing dog wash service located on the lower level of the property is considered to be legally nonconforming. The applicant is not proposing to expand the dog wash; however, the proposed rezoning would change dog wash to a conforming use. The C-2 zoning district allows for twenty-four (24) Principal Permitted Uses and the proposed C-3 zoning district allows for fifty-eight (58) Principal Permitted Uses. The chart below provides a side -by -side summary of the Principal Permitted Uses in both zoning districts. The uses highlighted in yellow are permitted in each zoning district. A copy of the full summary of each zoning district is attached to this report. See chart on the following page. Rezoning Staff Report: 1646 Asbury Road Page 5 Principal Permitted C-2 Zoning District Uses C-3 Zoning District Appliance sales or service Agricultural supply sales Artist studio Animal hospital or clinic Automated gas station Artist studio Bank, savings & loan, credit union Auditorium or assembly hall Barber or beauty shop Bakery Commercial greenhouse Bank, savings and loan, or credit union Furniture or home furnishing sales Bar or tavern Furniture upholstery or repair Barber or beauty shop Gas station Business services General office Car wash, full service Golf course Car wash, self-service Indoor restaurant Commercial greenhouse Laundry, dry cleaner, laundromat Construction supply sales or service Licensed childcare center Contractor shop or yard Medical office Dental or medical lab Neighborhood shopping center Department store 60,000 sq. ft. maximum Public/private parks, golf course, natural recreation area Drive -up automated bank teller Photographic studio Farm implement sales or service Place of religious exercise/assembly Furniture upholstery or repair Railroad/public orquasi-public utility Gas station Registered childcare development home General office Residential above the first floor only Golf course Retail sales and service Grocery store School of private instruction Hotel Indoor amusement arcade Indoor recreation facility Indoor restaurant Indoor theatre Laundry, dry cleaner, or laundromat Licensed childcare center Medical office Mini warehouse Mobile or manufactured home sales or service Mortuary or funeral home Moving or storage facility Museum or library Neighborhood shopping center Parking structure Parks, public or private, and similar natural recreation area 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 Rezoning Staff Report: 1646 Asbury Road Page 6 Approval of the proposed rezoning is generally not anticipated to substantially alter the fabric of the neighborhood. However, the Commission may wish to specifically consider whether all fifty-eight (58) uses within the C-3 district would be appropriate in the neighborhood. It is also worth noting that the site is generally small and would likely require variance or waiver approvals to be able to accommodate most of the allowed uses due to development standards associated with site development, such as setbacks, open space, and parking. The subject property is adequately served by existing utilities and public services and would be, regardless of the type of development on the site. The applicant is not proposing any changes to the exterior of the existing building or to the existing surface parking lot. Rather, the applicant is requesting a rezoning in order to expand the interior footprint of The Dog House Lounge, which is a legally nonconforming use. In the event any exterior structure or site work is proposed in the future, that work would be subject to review by the city's Development Review Team (DRT) to ensure the work is compliant with city codes and to ensure any potential effects on the environment would be mitigated through appropriate site development. Therefore, the proposed rezoning is not anticipated to have an any adverse impacts on the environment. 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 Map identifies the subject property area as Mixed Use. 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. Prepared by: Date: 01 /31 /2024 2/1 /24, 8:17 AM https://export.amlegal.com/api/export-requests/d4b7ba7O-a662-4f3f-8eeO-acff11580ed 1 /download/ 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. 54-10, 9-20-2010; Ord. 17-13, 3-18-2013; Ord. 54-19, 12-16-2019; Ord. 30-21, 9-20-2021; Ord. 3-22, 1-18-2022) 16-5-11-2: CONDITIONAL USES: The following conditional uses may be permitted in the C-2 district, subject to the provisions of section 16-8-5 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: Minimum Maximum Setbacks C-2 Neighborhood Minimum Lot Lot Maximum Front Minimum Minimum Shopping Center Lot Area Frontage Coverage 2 3 Height (Lot Area) Minimum Maximum Side Rear All uses 10 ft.' 30 ft. https://export. am legal.com/api/export-requests/d4b7ba70-a662-4f3f-8ee0-acff11580ed 1 /download/ 1 /2 2/1 /24, 8:17 AM https://export.amlegal.com/api/export-requests/d4b7ba70-a662-4f3f-8ee0-acff11580ed 1 /down load/ 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. (Ord. 52-09, 10-19-2009) https://export. am legal.com/api/export-requests/d4b7ba70-a662-4f3f-8ee0-acff11580ed 1 /download/ 2/2 2/1/24, 8:17 AM https://export.amlegal.com/api/export-requests/e35ee2a9-cl36-43a0-b0a5-9fbfc8902c23/download/ 16-5-13: C-3 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 the 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 services. 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). Drive -up automated bank teller. Farm implement sales or service. Furniture upholstery or repair. Gas station. General office. Golf course. Grocery store. Hotel. Indoor amusement arcade. Indoor recreation facility. Indoor restaurant. Indoor theater. Laundry, dry cleaner, or laundromat. Licensed childcare center. Medical office. Miniwarehouse. Mobile or manufactured home sales or service. Mortuary or funeral home. Moving or storage 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. https://export.amlegal.com/api/export-requests/e35ee2a9-c136-43a0-b0a5-9fbfc8902c23/download/ 1/3 2/1/24, 8:17 AM https://export.amlegal.com/api/export-requests/e35ee2a9-cl36-43a0-bOa5-9fbfc8902c23/download/ 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; Ord. 44- 23, 9-18-2023) 16-5-13-2: CONDITIONAL USES: The following conditional uses may be permitted in the C-3 district, subject to the provisions of section 16-8-5 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 subordinate to the principal use it serves. Crematorium 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: Minimum Maximum Setbacks C-3 General Minimum Lot Lot Maximum Front Minimum Minimum Commercial Lot Area Frontage g Coverage Side' Rear2 Height (Lot Area) Minimum Maximum Licensed adult day services, licensed 5,000 sq. ft. 50 ft. 50 % 20 ft. 40 ft. childcare center Vehicle sales 20,000 sq. ft. - - 20 ft. 40 ft. All other uses - 20 ft. - - 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. https://export.amlegal.com/api/export-requests/e35ee2a9-c136-43a0-bOa5-9fbfc8902c23/download/ 2/3 2/1/24, 8:17 AM https://export.amlegal.com/api/export-requests/e35ee2a9-c136-43a0-b0a5-9fbfc8902c23/download/ (Ord. 52-09, 10-19-2009) https://export.amlegal.com/api/export-requests/e35ee2a9-c136-43a0-b0a5-9fbfc8902c23/download/ 3/3 Prepared by: Wally Wernimont City Planner Address: City Hall, 50 W. 13th St Telephone: 563-589-4210 Return to: Adrienne N. Breitfelder, City Clerk Address: City Hall, 50 W. 13fh St Telephone: 563-589-4121 ORDINANCE NO. 2 - 24 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 1646 ASBURY ROAD FROM C-2 NEIGHBORHOOD SHOPPING CENTER DISTRICT TO C-3 GENERAL COMMERCIAL DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA-. Section 1, That Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is hereby amended by reclassifying the hereinafter —described property from C-2 Neighborhood Shopping Center District to C-3 General Commercial District, to wit: The North'/2 & South'/z of Lot 3 Finley's Addition 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 19th day of February, 2024. �r OF, zal Attest: � {� Adrienne N. Breitfelder, City Clerk 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: 02/09/2024 and for which the charge is 34.78 Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this 9th day of February, 2024 Notary P in and for Dubuque County, Iowa. K.PAPE L4,Commission Number 199659 r My Commission Expires 12/11 /2025 lows laja6A4 �) ?I411 Ord a-a4 N- ord *3-A4 Cbyrunlet -GIcQ L./oak a;014£) Ad text : CITY OF DUBUQUE, IOWA OFFICIAL NOTICE PUBLIC NOTICE is hereby given that the Dubuque City Council will conduct public hearings on the 19th day of February, 2024, 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 Dusty Rogers to rezone property located at 1646 Asbury Road from C-2 Neighborhood Shopping Center to C-3 General Commercial. 2. Request from Kenneth Miller, Dubuque Metropolitan Area Solid Waste Agency to rezone property located at Airborne Road (PIN 1506200016) from AG Agriculture to HI Heavy Industrial. 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•i/cityofdubuque.novusagezda.com.'tendaPublic; or by contacting the City Cier::'s Office at 563-.'89 i 0, 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 1t 2/9 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: 02/23/2024 and for which the charge is 21.11 i ( Subscribed to before me, a Notary Public i`n and for Dubuque County, Iowa, this 23rd day of February, 2024 Notary lic in and for DubuqueCounty, Iowa. 4,i a JAPiET PC PAPE o�,, 7 Commission Number 199659 z ,•.u�86+:; r My Commission Expires /ow. . 12/11/2025 Ad text : CITY OF DUBUQUE OFFICIAL PUBLICATION ORDINANCE NO. 2 - 24 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 1646 ASBURY ROAD FROM C-2 NEIGHBORHOOD SHOPPING CENTER DISTRICT TO C-3 GENERAL COMMERCIAL DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is hereby amended by reclassifying the hereinafterdescribed property from C-2 Neighborhood Shopping Center District to C-3 General Commercial District, to wit: The North * & South * of Lot 3 Finleys Addition 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 19th day of February, 2024. /s/Brad M. Cavanagh, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 23rd day of February, 2024. /s/Adrienne N. Breitfelder, CMC, City Clerk It 2/23