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Request to Rezone Property at 35 Locust Street from C-3 General Commercial to C-4 Downtown Commercial_HearingCity of Dubuque City Council Meeting Public Hearings # 01. Copyrighted March 18, 2024 ITEM TITLE: Request to Rezone Property at 35 Locust Street from C-3 General Commercial to C-4 Downtown Commercial. SUMMARY: Proof of publication on notice of public hearing to consider approval of a request from Joshua Jansen to rezone property located at 35 Locust Street from C-3 General Commercial to C-4 Downtown Commercial, and Zoning Advisory Commission recommending approval. SUGGESTED DISPOSITION: ATTACHMENTS: Description ZAC Letter to Council ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property from C-3 General Commercial to C-4 Downtown Commercial Suggested Disposition: Receive and File; Motion B; Motion A Planning Application - Herzog Planning Application - Welbes Vicinity Map Staff Report C-3 General Commercial Zoning Regulations C-4 Downtown Commercial Zoning Regulations Ordinance Type Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation Staff Memo Supporting Documentation Supporting Documentation Ordinance Planning Services Department Dubuque City Hall THE CF 50 West 13th Street M-twinCal Dubuque, IA 52001-4864 DUjB � 1II1 (563) 589-4210 phone (563) 589-4221 fax (563) 690-6678 TDD Masterpiece on the Mississippi 2007-2012.2013 2017*2019 planning@cityofdubuque.org March 8, 2024 The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 13th Street Dubuque IA 52001 Applicant: Joshua Jansen Location: 35 Locust Street Description: To rezone property from C-3 General Commercial to C-4 Downtown Commercial Dear Mayor and City Council Members: The City of Dubuque Zoning Advisory Commission has reviewed the above -cited request at their meeting on March 6, 2024. The application, staff report, and related materials are attached for your review. Discussion The applicant, Joshua Jansen, 11368 Rock Grove Court, spoke in favor of the request noting that the rezoning would allow for reduced setbacks and additional building height for a new development. He said the project would have ground level parking and commercial spaces, with a total of 81 residential units located on 4 stories above. He shared that nearby existing surface parking lots would also be a part of the project. He said that aesthetically, the project would pay homage to Dubuque's downtown and have a brick fagade and a courtyard. Mike Sivill, 307 Jones Street, noted that he believes a larger project like this would increase the foot traffic from this neighborhood to downtown. He stated he did not oppose the project but would like to see the pedestrian crossings to downtown be improved as there is currently not a safe route. Travis Nelson, 305 Jones Street, noted that he was initially curious about parking and that the applicant addressed his concerns when he noted the additional lot for parking. He stated he did not have any further concerns. Mr. Jansen added that he was looking into whether one-way traffic would be an option along Locust Street, which could possibly allow for angled parking along the street near the project. Commissioner Russell questioned approximately how many parking spaces would be proposed. Mr. Jansen stated approximately 120. Service People Integrity Responsibility Innovation Teamwork The Honorable Mayor and City Council Members Page 2 Staff detailed the staff report noting the while the applicant has a specific project in mind, the rezoning would allow for all permitted uses within the C-4 zoning district. Staff shared a chart providing a side -by -side list of the permitted uses allowed in the existing C-3 zoning district and in the proposed C-4 zoning district and which also highlighted the uses that are permitted in both zoning districts. Staff noted that the applicant has gone through a conceptual review with the City's Development Review Team. Staff stated that while development of the site is anticipated to result in an increase of traffic to the neighborhood it would be primarily neighborhood traffic as the site is quite isolated. Staff concluded by stating that the area is a mix of uses and zoning districts and that the proposed rezoning would be in keeping with other zoning districts in the neighborhood. The Zoning Advisory Commission discussed the request, finding it appropriate. Recommendation By a vote of 4 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, ea (L &/Z Matt Mulligan, Chairpe so Zoning Advisory Com ' ' sion Attachments Service People Integrity Responsibility Innovation Teamwork TI 1E C DUUB---*-TE Masterpiece on the Mississippi City of Dubuque Planning Services Department Dubuque, IA 52001-4845 Phone:563-589-4210 Fax: 563-589-4221 planninmDcityofdubuque.or, Zoning Advisory Zoning Board of Development Services Historic Preservation Commission Commission Ad"u�stment ❑ Annexation ❑Demolition Review ❑ Amended PUD ❑ Conditional Use Permit ❑ Limited Setback Waiver ❑ Historic Revolving Loan VJ Rezoning/PUD/ID ❑ Special Exception ❑ Site Plan Simple ❑ Certificate of Economic Non -Viability ❑ Text Amendment ❑ Variance ❑ 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 Chaptain Schmitt Island Design Standards Design Review applicablePlease complete the , A. Property Information -� Site Location/Address: , )T �S'1: a G r J zciU Legal Description/Parcel ID#/Subdivision: r oGa 2 (�y 2 Existing Zoning: Proposed Zoning:� Site Area (square feet/acres):� , J F Historic District: _andmark: ❑ Yes V No B. Describe proposal and reason for application (attach a letter ofxplanation, if necessary e I . _ ,' ion C. Applicant/A en InforInSe'r\ Name: Phone: Address: l [� \_'t (Jf City: ``��`` state:.1Z� zip: �c�w Email: S D. Property Owner(s) Information Name(s): C, v Pt r -.2, O el _._ _.—. Phone: 5- b Address: i' 1 6 Ci VA City: P state: _qA Zip: -5'a U U Email: cl ay1 i 'a 4 .M L .51 - E. Certification: I/we, the undersigned, do hereby certify/acknowledge that: 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. Applicant/Agent: r�Q. Date: V �� V / ` 2�2� Property Dwner(s): Date: — Fee $ A / Ck# U I []CC ❑Cash Received Date V1L Ll TI 1E C DUUB__&__TE Masterpiece on the Mississippi Zoning Advisory Commission ❑ Amended PUD Rezoning/PUD/ID Text Amendment ❑ Simple Subdivision ❑ Preliminary Plat ❑ Major Final Plat ❑ Minor Final Plat ❑ Waiver from Site Design Standards A. Property Information Site Location/ Zoning Board of Adiustment ❑ Conditional Use Permit ❑ Special Exception ❑ Variance ❑ Appeal 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 City of Dubuque Planning Services Department Dubuque, IA 52001-4845 Phone:563-589-4210 Fax: 563-589-4221 plannina0ci1yofd ubuque.org Historic Preservation Commission ❑ Demolition Review ❑ Historic Revolving Loan ❑ Certificate of Economic Non -Viability ❑ Design Review Certificate of Appropriateness ❑ Advisory Design Review (Public Projects) ❑ Historic Designation Legal Description/Parcel ID#/Subdivision: I V 6 a `i /'- wo`f Existing Zoning: 1_ Proposed Zoning: 6_ y Site Area (square feet/acres): Historic District: _andmark: ❑ Yes�Po B. Describe proposal and reason for application (attach a letter of explanation, if necessary): _ C. Applicant/ Name: Address: Stater Zip: �� Z(,i�t Email: D. Property Owner Name(s)� Address:L-Vle State: 119 Zip: Phone:, , rr Email: E. Certification: I/we, the undersigned, do hereby certify/acknowledge that: 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 J Applicant Property Fee $� Ck# D 7/ Date: �?�' 09 - Gbz q , Date: _C'5)!2 Date Z 9 "Y OR fA 4 m -3 C-4 m OR m �1p OR m m m0 m � PR g � � C-4 R-2 � � � m g g m C--3 ID C-3 go POS OS LI 0 20 POS m g C-3 R-2 Q Dubuque County GIs Vicinity Map 0.�I sw Applicant: Joshua Jansen Location: 35 Locust Street, PIN 1025426021 and 102542600905 Description: To rezone property from C-3 General Commercial to C-4 Downtown Commercial. .. Subject Property Er 0 70 140 280 LnN\ Feet /V 1:2, 000 REZONING STAFF REPORT Zoning Agenda: March 6, 2024 Property Address: 35 Locust Street, PIN 1025426021 and 1025426009 Property Owner: Ray and Sandy Herzog Bertha B. Welbes-Ament Applicant: Josh Jansen, Restoration and Renovation Services, LLC Description: To rezone property from C-3 General Commercial to C-4 Downtown Commercial. Proposed Land Use: Residential/Commercial Proposed Zoning: C-4 Existing Land Use: Restaurant/Residential Existing Zoning: C-3 Adjacent Land Use: Adjacent Zoning: North — Residential/Commercial North — OR/C-3 East — Commercial East — POS/C-3 South — Commercial South — C-3 West — Residential/Commercial West — OR/C-3 Former Zoning: Prior to 1975 — Light Industrial 1975 — C-4 Commercial and C-5 Commercial 1985 — C-3 General Commercial Total Area: .62 acres / 16,500 sq. ft. (PIN 1025426021) .02 acres / 760 sq. ft. (PIN 1025426009) Property History: The subject property is comprised of two lots. The lot at 35 locust Street (PIN 1025426021) is currently improved with The Bridge Restaurant, a surface parking lot, and one residential townhome. The smaller lot (PIN 1025426009) is located southwest of the larger lot and is currently vacant, but historically contained a single-family residence. Physical Characteristics: The subject property consists of two lots totaling approximately .64 acres (17,260 sq. ft) in area. The subject site has frontage along Locust Street to the east and Bissell Lane to the west. The property is primarily flat with an overall elevation change of approximately 6' from Locust Street up to Bissell Lane. The surrounding development consists of a mix of residential and commercial uses including a psychic center and Southend Tap bar. Rezoning Staff Report: 35 Locust Street Page 2 ti L135bo,.custStreet, PlN 10254215021 & PIN 1025426009 W Rezoning Request Ne 53,-. subject PraReq d" qW �ow��;'- 14 M-Y,P4 �.r F ` M IF Aft i i 1 t ++ aft , 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: 35 Locust Street 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 this portion of Locust Street and Bissell Lane as Local Streets and provides traffic count data from 1998. According to the 1998 counts, this section of Locust Street and Bissell Lane each have an average daily traffic count of 2,530 trips. This area of Locust Street and Bissell Lane are only accessible from Bluff Street and as such these streets are generally not impacted by through traffic. Rather, traffic in the neighborhood is primarily generated by the existing residential and commercial uses. The proposed rezoning in general is not anticipated to increase traffic to the subject site; however, any future redevelopment of the subject property may warrant a traffic analysis or study to determine the potential traffic impacts. 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 two lots, one of which is vacant and one of which is improved with The Bridge Restaurant, a surface parking lot, and a residential unit. The applicant is requesting the rezoning with the intention of redeveloping the subject site to include a multi -story residential building with parking and commercial space on the ground floor. Any redevelopment of the property 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 a mix of residential and commercial uses. Residential uses including single-family homes and multi -family units. The commercial uses include a psychic center and Southend Tap bar. The property is separated from additional commercial development to the east by the IDOT Locust Street right-of-way. The proposed rezoning would change the zoning designation for the subject property only and any future redevelopment of the subject property would be subject to site plan review by the City's DRT. Therefore, it is not anticipated that the proposed rezoning would negatively affect adjacent properties. CIP Investments: None. Staff Analysis: The applicant proposes to rezone the subject property from C-3 General Commercial to C-4 Downtown Commercial. The subject property is comprised of two lots. The lot at 35 locust Street (PIN 1025426021) is currently improved with The Bridge Restaurant, a surface parking lot, and one residential townhome. The smaller lot (PIN 1025426009) is located southwest of the larger lot and is currently vacant, but historically contained a single-family residence. Rezoning Staff Report: 35 Locust Street Page 4 The subject property consists of two lots totaling approximately .64 acres (17,260 sq. ft) in area. The subject site has frontage along Locust Street to the east and Bissell Lane to the west. The property is primarily flat with an overall elevation change of approximately 6' from Locust Street up to Bissell Lane. Surrounding development consists of a mix of residential and commercial uses including a psychic center and Southend Tap bar. The Iowa Department of Transportation (IDOT) categorizes this portion of Locust Street and Bissell Lane as Local Streets and provides traffic count data from 1998. According to the 1998 counts, this section of Locust Street and Bissell Lane each have an average daily traffic count of 2,530 trips. This area of Locust Street and Bissell Lane are only accessible from Bluff Street and as such these streets are generally not impacted by through traffic. Rather, traffic in the neighborhood is primarily generated by the existing residential and commercial uses. The proposed rezoning in general is not anticipated to increase traffic to the subject site; however, any future redevelopment of the subject property may warrant a traffic analysis or study to determine the potential traffic impacts. The applicant is requesting the rezoning with the intention of redeveloping the subject site to include a multi -story residential building with parking and commercial space on the ground floor. The subject property is adequately served by existing utilities and public services and would be, regardless of the type of development on the site. Any redevelopment of the property 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 C-3 zoning district allows for fifty-eight (58) Principal Permitted Uses and the proposed C-4 zoning district allows for fifty-six (56) 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: 35 Locust Street Page 5 "EC.3 Zoning District C-4 Zoning District Agricultural supply sales Agricultural supply sales Animal hospital or clinic Animal hospital or clinic Artist studio Appliance sales or service Auditorium or assembly hall Art gallery, museum, or library Bakery Artist studio Bank, savings and loan, or credit union Auditorium or assembly hall Bar or tavern Automated gas station Barber or beauty shop Bakery Business services Banks, savings and loan, or credit union Car wash, full service Bar or tavern Car wash, self-service Barber or beauty shop Commercial greenhouse Business services Construction supply sales or service Catalog center Contractor shop or yard Commercial greenhouse Dental or medical lab Construction supply sales or service Department store 60,000 sq. ft. maximum Contractor shop or yard Drive -up automated bank teller Dental or medical lab Farm implement sales or service Department store Furniture upholstery or repair Furniture or home furnishings sales Gas station Furniture upholstery or repair General office Gas station Golf course General office Grocery store Grocery store Hotel Hotel Indoor amusement arcade Housing for elderly or persons with disabilities Indoor recreation facility Indoor amusement center Indoor restaurant Indoor recreation facility Indoor theatre Indoor restaurant Laundry, dry cleaner, or laundromat Indoor theater Licensed childcare center Laundry, dry cleaner, or laundromat Medical office Licensed childcare center Mini warehouse Medical office Mobile or manufactured home sales or service Mortuary or funeral home Mortuary or funeral home Neighborhood shopping center Moving or storage facility Parking structure Museum or library Pet daycare or grooming Neighborhood shopping center Photographic studio Parking structure Place of religious exercise or assembly Parks, public or private, and similar natural recreation area Printing or publishing Pet daycare or grooming Private club Photographic studio Parks, public or private, and similar natural recreation area Place of religious exercise or assembly Public, private, or parochial school approved by the State of Iowa K-12 Printing or publishing Railroad or public or quasi -public utility, including substation Private club Registered child development home Railroad or public or quasi -public utility, including substation Residential use above the first floor only Registered child development home Retail sales or service Residential use above the first floor only School of private instruction Restaurant, drive-in or carryout Service station Retail sales and service Shoe repair School of private instruction Supermarket Service station Tailor or alteration shop Tattoo parlor Tattoo parlor Tour home I Tour home Vehicle body shop I Upholstery shop Rezoning Staff Report: 35 Locust Street Page 6 Vehicle sales or rental Vending or game machine sales or service Vehicle service or repair Wholesale sales or distributor Vending or game machine sales or service Wholesale sales or distributor 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-six (56) uses within the C-4 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 and open space. 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: 02/29/2024 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 3/8/24, 4:44 PM https://export.amlegal.com/api/export-requests/89796f6d-3406-4a92-b325-46742cdO280f/download/ 16-5-14: C-4 DOWNTOWN COMMERCIAL: The C-4 district is intended to provide locations in the downtown commercial areas of the city for a large variety of uses. The C-4 district is not intended to have any application in undeveloped or newly developing areas of the city. The regulations for this district are designed to encourage the maintenance of existing uses and the private reinvestment and redevelopment of new uses. (Ord. 52-09, 10-19-2009) 16-5-14-1: PRINCIPAL PERMITTED USES: The following uses are permitted in the C-4 district: Agricultural supply sales. Animal hospital or clinic. Appliance sales or service. Art gallery, museum, or library. Artist studio. Auditorium or assembly hall. Automated gas station. Bakery (wholesale/commercial). Banks, savings and loan, or credit union. Bar or tavern. Barber or beauty shop. Business services. Catalog center. Commercial greenhouse. Construction supply sales or service. Contractor shop or yard. Dental or medical lab. Department store. Furniture or home furnishing sales. Furniture upholstery or repair. Gas station. General office. Grocery store. Hotel. Housing for the elderly or persons with disabilities. Indoor amusement center. Indoor recreation facility. Indoor restaurant. Indoor theater. Laundry, dry cleaner, or laundromat. Licensed childcare center. Medical office. Mortuary or funeral home. Neighborhood shopping center. Parking structure. Pet daycare or grooming. Photographic studio. Place of religious exercise or assembly. Printing or publishing. Private club. Public or private park or similar natural recreation area. Public, private or parochial school approved by the state of Iowa (K - 12). Railroad or public or quasi -public utility, including substation. Registered child development home. Residential use above the first floor only. Retail sales or service. School of private instruction. Service station. https:Hexport.amlegal.com/api/export-requests/89796f6d-3406-4a92-b325-46742cdO28Of/download/ 1/3 3/8/24, 4:44 PM https://export.amlegal.com/api/export-requests/89796f6d-3406-4a92-b325-46742cd0280f/download/ Shoe repair. Supermarket. Tailor or alteration shop. Tattoo parlor. Tour home. Upholstery shop. Vending or game machine sales or service. Wholesale sales or distributor. (Ord. 52-09, 10-19-2009; amd. Ord. 41-16, 8-15-2016; Ord. 54-19, 12-16-2019; Ord. 30-21, 9-20-2021; Ord. 3-22, 1-18-2022) 16-5-14-2: CONDITIONAL USES: The following conditional uses may be permitted in the C-4 district, subject to the provisions of section 16-8-5 of this title: Car wash. Drive -up automated bank teller. Licensed adult day services. Off street parking. Passenger transfer facility. Restaurant, drive-in or carryout. Vehicle body shop. Vehicle sales or rental. Vehicle service or repair. Wind energy conversion system. (Ord. 52-09, 10-19-2009; amd. Ord. 54-19, 12-16-2019; Ord. 44-23, 9-18-2023) 16-5-14-3: 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. Drive -up automated bank teller. Wind turbine (building mounted). (Ord. 52-09, 10-19-2009) 16-5-14-4: 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) 16-5-14-5: PARKING: Off street parking is not required. New surface off street parking lots are prohibited unless approved by the city council. Underground and aboveground parking garages are allowed provided they are an integral part of a new or existing building. (Ord. 52-09, 10-19-2009) 16-5-14-6: SIGNS: Signs shall be regulated in conformance with the provisions of chapter 15 of this title. (Ord. 52-09, 10-19-2009) 16-5-14-7- BULK REGULATIONS - Minimum Maximum Setbacks C-4 Downtown Minimum Lot Lot Maximum Commercial Lot Area Coverage Minimum Minimum Minimum Height Frontage (Lot Area) Front Side1 Rear2 Minimum Maximum Setbacks C-4 Downtown Minimum Lot Lot Maximum Minimum Minimum Minimum Commercial Lot Area Frontage Coverage Front Height (Lot Area) Side1 Rear2 Permitted uses: Residential above first - - - - - - 75 ft. floor Vehicle sales 20,000 sq. ft. 75 ft. All other 75 ft. permitted uses Conditional uses: Licensed adult day services, licensed 3,500 sq. ft. 50 ft. 50 % 75 ft. childcare center All other conditional uses - - - loft. - - 75 ft. Notes: 1. When abutting a residential or office residential district, a 6 foot side setback is required. https:Hexport.amlegal.com/api/export-requests/89796f6d-3406-4a92-b325-46742cdO28Of/download/ 2/3 3/8/24, 4:44 PM https://export.amlegal.com/api/export-requests/89796f6d-3406-4a92-b325-46742cd0280f/download/ 2. When abutting a residential or office residential district, a 20 foot rear setback is required. (Ord. 52-09, 10-19-2009) https:Hexport.amlegal.com/api/export-requests/89796f6d-3406-4a92-b325-46742cd0280f/download/ 3/3 Prepared by: Wally Wernimont CitV Planner Address: City Hall, 50 W. 13th St Telephone: 563-589-4210 Return to: Adrienne N. Breitfelder, City Clerk Address: City Hall, 50 W. 1 V St Telephone: 563-589-4121 ORDINANCE NO. 6 - 24 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY FROM C-3 GENERAL COMMERCIAL DISTRICT TO C-4 DOWNTOWN COMMERCIAL 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-3 General Commercial District to C-4 Downtown Commercial District, to wit: Lot 2 of the Northerly 21 feet of the North 1/2 of Lot 572, the South 21 feet of the North '/2 of Lot 572, the South '/2 of Lot 572, and the Northerly 40 feet of Lot 573; the Southerly 26 feet of Lot 573, Lot 574 "A", the Northerly'/2 of Lot 574, except the Westerly 36 feet 2 inches thereof, Lot 1 of 575, and Lot 2 of 2 of Lot 575; and the Westerly 36 feet 2 inches of the Northerly'/2 of Lot 574, 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 181n day of March, 2024, Brad M. Cavana - , ayor Attest: aw 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: 03/14/2024 and for which the charge is 35.33 rd,7( Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this 14th day of March, 2024 ' Notary ?'ul�lic in and for Dubuque County, Iowa. /Owa JANET K. PAPE r 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 18th day of March 2024, at 6:30 p.m., in the Historic Federal Building, 350 W. 6th Street, 2nd floor, Dubuque, Iowa, on the following: REZONING 1. Request from Joshua Jansen to rezone property located at 35 Locust St. from C-3 General Commercial to C-4 Downtown Commercial. PLANNED UNIT DEVELOPMENT AMENDMENT 1. Request from Natalie Hazewinkel to amend a Planned Unit Development to allow Pet Daycare or Grooming as a Permitted Use North of Radford Ct. and east of Radford Rd. 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 1t 3/14 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: 03/22/2024 and for which the charge is 23.60 Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this 22nd day of March, 2024 Nota , Public in and for Dubuque County, Iowa. JANET K. PAPE Commission Number 199659 My Commission Expires 12/11/2025 Ad text : CITY OF DUBUQUE OFFICIAL PUBLICATION ORDINANCE NO. 6 - 24 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY FROM C-3 GENERAL COMMERCIAL DISTRICT TO C-4 DOWNTOWN COMMERCIAL 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-3 General Commercial District to C-4 Downtown Commercial District, to wit: Lot 2 of the Northerly 21 feet of the North * of Lot 572, the South 21 feet of the North * of Lot 572, the South * of Lot 572, and the Northerly 40 feet of Lot 573; the Southerly 26 feet of Lot 573, Lot 574 A, the Northerly * of Lot 574, except the Westerly 36 feet 2 inches thereof, Lot 1 of 575, and Lot 2 of 2 of Lot 575; and the Westerly 36 feet 2 inches of the Northerly * of Lot 574, 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 March, 2024. /s/Brad M. Cavanagh, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 22nd day of March, 2024. /s/Adrienne N. Breitfelder, CMC, City Clerk It 3/22