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Peru Road Rezoning RequestCity of Dubuque City Council Meeting ITEM TITLE: SUMMARY: SUGGESTED DISPOSITION: ATTACHMENTS: Description ZAC Letter to Council Planning Application Vicinity Map Staff Report R-3c Zoning - Ordinance R-3 Zoning Regulations Ordinance Copyrighted August 19, 2024 Public Hearings # 02. Peru Road Rezoning Request Proof of publication on notice of public hearing to consider a request from Zoro Investments, LLC to rezone property located at Peru Road (PIN 1012183002, 1012183005, 1012183008, & 1012183007) from R-3c Moderate Density Multi -Family Residential with conditions to R-3 Moderate Density Multi -Family Residential, 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 along Peru Road between Walker and Toledo Street (Pins 1012183002, 1012183005, 1012183008, and 1012183007) from R-3C Moderate Density Multi -Family Residential District With Conditions to R-3 Moderate Density Multi -Family Residential District Suggested Disposition: Receive and File; Motion B; Motion A Type Staff Memo Supporting Documentation Supporting Documentation Staff Memo 8-92 Supporting Documentation Supporting Documentation 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 planning@cityofdubuque.org Masterpiece on the Mississippi The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 1 3th Street Dubuque IA 52001 Dubuque Exttri All-Amerin City IIIII 2007-2012.2013 2017*2019 August 8, 2024 Applicant: Zoro Investments, LLC Location: Peru Road (PIN 1012183002, 1012183005, 1012183008, & 1012183007) Description: To rezone property from R-3c Moderate Density Multi -Family Residential with conditions to R-3 Moderate Density Multi -Family Residential. Dear Mayor and City Council Members: The City of Dubuque Zoning Advisory Commission has reviewed the above -cited request at their meeting on August 7, 2024. The application, staff report, and related materials are attached for your review. Discussion Videla Saliu, 5600 Saratoga Rd, spoke on behalf of the applicant, stating they are requesting to rezone the property. Charles and Karlotta Goodwin, 819 Walker Street, stated that they own property that would be rezoned, but they don't understand what this is about. Staff detailed the staff report. Noting that the area was brought into the city as a county subdivision between 1965 and 1975, and the subject properties were rezoned. Staff noted that there would be no use changes to the principal, accessory, or conditional uses allowed and that the only change was to remove the condition that was attached to the zoning district which prohibits more than one access along Peru Road. Staff explained that there are 12 lots total and includes 819 Walker and 3870 Peru Road, which have different owners. Staff noted the zoning change would essentially clean up the district by removing the condition limiting one access from Peru Road for all the properties involved. Staff explained that any additional proposed access would still be reviewed by Engineering, and any proposed development would be reviewed by the Development Review Team. Staff noted they had not received a plan to -date and that the only public inquiry was from the owner of 3870 Peru Road, also in the area to be rezoned, who was okay with the proposed change once they understood it. Staff noted that the condition was put in place before city adopted the State Urban Design And Specifications (SUDAS) standards, which are now utilized to evaluate safety around access locations. They explained that the middle lot on Peru Road would not be accessible from Peru Road Service People Integrity Responsibility Innovation Teamwork The Honorable Mayor and City Council Members Page 2 currently and that the removal of the condition may provide property owners with an improved ability to develop or utilize their properties. Staff also noted that there was no documented reason why the condition was placed on the 1992 rezoning. Chairperson Mulligan stated that removing this condition allows more flexibility on the property. Commissioner Lohrmann expressed that this is a minor application, removing a condition for all properties in this district to allow them to ask for an additional driveway. Commissioner Russell stated that this allows them access, if Engineering approves, so development can occur. Commissioner Russell asked for clarification about 12 lots at this location, and Staff noted that each parcel has two or more lots. Staff clarified that the parcels are for tax purposes and can be made up of multiple legally platted lots. Staff showed the lot lines on GIS for clarification. 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, 6/fg .7/// Matt Mulligan, Chairperson Zoning Advisory Commission Attachments Service People Integrity Responsibility Innovation Teamwork Masterpiece on the Mississippi City of Dubuque Planning Services Department Dubuque, IA 52001-4845 Phone: 563-589-4210 Fax: 563-589-4221 planning@cityofdubuoue.orq APPLICATION FORM 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 Zoning Board of Adjustment ❑ Conditional Use Permit ❑ Special Exception O Variance ❑ Appeal Development Services 0 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 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 P/ease coh,p/ete the applicable sections be/ov.. P/ease type or print legibly. A. Property Information Site Location/Address: Legal Description/Parcel ID#/Subdivision: Existing Zoning: Proposed Zoning: Historic District: West 11 th Street Site Area (square feet/acres): _andmark: 0 Yes 0 No B. Describe proposal and reason for application (attach a letter of explanation, if necessary): O It - rort- r - 5 f-a it.— 3 . C. D. Applicant/Agent Information Name: ScLLt.A-t_ Phone: Address: City: State: Zip: Email: Property Owner(s) Information Name(s): /N Phone: 073— eel 3— Address: 3G/O �E�,u - �f,�L City: /c/4v&- e- s ez u g e ,vi r Q a i (. Ga wA- 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: Date: State:/ A- Zip: S 7 Cop Z-- Email: Property Owner(s): Date: 72 ^// — 2 `/ FOR OFFICE USE ONLY Fee $ Ck# /D 3 Z ❑CC ❑Cash Received by Date ? /( Z Pro,P€'/7(o ) 9,1'y /(�) Dubuque Co�.IyGIS THE CITY OF DUB E Masterpiece on the Mississippi Dubuque htbd All -America City �IhL 2007.2012.2013 2017*2019 Vicinity Map PENNSYLVANIA AVE DODGE ST Applicant: Zoro's Investments, LLC Location: Peru Road (PIN 1012183002, 1012183005, 1012183008, and 1012183007) Description: To rezone property from R-3c Moderate Density Multi -Family Residential with conditions to R-3 Moderate Density Multi -Family Residential. ... Subject Property 0 87.5 175 350 Feet 1:2,500 REZONING STAFF REPORT Zoning Agenda: August 7, 2024 Property Address: Peru Road (PIN 1012183002, 1012183005, 1012183008, and 1012183007) Property Owner: Zoro's Investments, LLC. Applicant: Zoro's Investments, LLC Description: To rezone property from R-3c Moderate Density Multi -Family Residential with conditions to R-3 Moderate Density Multi -Family Residential. Proposed Land Use: Residential Proposed Zoning: R-3 Existing Land Use: Vacant / Residential Existing Zoning: R-3c Adjacent Land Use: Adjacent Zoning: North — Residential North — R-1 East — Residential East — R-1 South — Residential South — R-3 West — Residential West — C-2 Former Zoning: Prior to 1975 — County 1975 — R-2 1985 — R-1 1992 — R-3c Total Area: 1.46 acres / 63,500 sq. ft. Property History: The subject property is comprised of 12 lots that are approximately 1.46 acres total. The property was annexed into the city between 1965 and 1975. As a former county development, the streets are considered substandard. The property was rezoned in 1992 to R-3c Moderate Density Multi -Family Residential with conditions. The condition limits the zoning district to one direct access onto Peru Road. That access is currently part of the 3870 Peru Road property. Two properties within the district were developed prior to the rezoning, 819 Walker Street and 3870 Peru Road. The 819 Walker Street property is improved with a single-family residence and 3870 Peru Road is improved with a duplex. The remaining properties are vacant. Physical Characteristics: The subject property is approximately 1.46 acres (63,500 sq. ft) in area. The properties have frontage along either Peru Road, Walker Street, Toledo Street, or the platted, but unimproved, Excelsior Avenue. The property slopes to the west and southwest toward Peru Road. The surrounding development consists of residential uses on all sides with a gas station nearby to the northwest. Rezoning Staff Report: Peru Road (PIN 1012183002, 1012183005, 1012183008, and 1012183007) Page 2 Concurrence with Comprehensive Plan: The Comprehensive Plan encourages a mix of housing affordable for all segments of Dubuque's population throughout the community, including those who may be saving for their first home. The City's Future Land Use Map identifies the subject property as single-family. Impact of Request on: Utilities: Existing utilities are adequate to serve the subject property. Traffic Patterns/Counts: Iowa Department of Transportation 2021 data notes a count of 4200 average daily traffic from 2021. The property is currently zoned as R-3c and this rezoning to R-3 would not alter the allowed uses. The only change would be to remove the condition that limits driveway access to Peru Road. Any proposed access would be reviewed by city staff along with a project as part of site plan review. The city has not received a plan from the applicants to date. Once submitted, that plan will go through development review with site development standards such as site access, required parking, parking lot layout, emergency access, and fire safety all being reviewed. Thus, the proposed rezoning should have little to no impact on traffic patterns and counts compared to the current zoning designation. Public Services: Existing public services are adequate to serve the subject property regardless of how it may be utilized or redeveloped. Environment: Any development on the site 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 property is currently zoned R-3c and the proposed rezoning would not alter the allowed uses or density. While development of the property would be reviewed through DRT to mitigate any impact on the neighbors and neighborhood, the proposed rezoning will have little to no impact since the number and types of uses would remain unchanged. CIP Investments: None proposed. Staff Analysis: The applicant proposes to rezone a number of properties from R-3c Moderate Density Multi -Family Residential with conditions to R-3 Moderate Density Multi - Family Residential. The subject property is comprised of 12 lots that are approximately 1.46 acres total. The property was annexed into the city between 1965 and 1975. As a former county development, the streets are considered substandard. The property was rezoned in 1992 to R-3c Moderate Density Multi -Family Residential with conditions. The stated condition Rezoning Staff Report: Peru Road (PIN 1012183002, 1012183005, 1012183008, and 1012183007) Page 3 limits the district to one direct access onto Peru Road. An approved access is currently part of the 3870 Peru Road property, and no other access points are therefore permitted. Two properties within the district were developed prior to the rezoning, 819 Walker Street and 3870 Peru Road. 819 Walker is a single-family residence, and 3870 Peru is a duplex. The other properties have remained vacant. The properties have frontage along either Peru Road, Walker Street, Toledo Street, or the platted but unimproved Excelsior Avenue. The property slopes to the west and southwest toward Peru Road. The surrounding development consists of residential uses on all sides with a gas station nearby to the northwest. The property is currently zoned R-3c and the proposed rezoning would not alter the allowed uses or density. While development of the property would be reviewed through DRT to mitigate any impact on the neighbors and neighborhood, the proposed rezoning will have little to no impact since the number and types of uses would remain unchanged. Iowa Department of Transportation data from 2021 notes an average daily traffic count of 4200. The property is currently zoned as R-3c and this rezoning to R-3 would not alter the allowed uses. The only change would be to remove the condition that limits driveway access to Peru Road. Any proposed access would be reviewed by city staff along with a project as part of site plan review. The city has not received a plan from the applicants to date. Once submitted though, that plan would go through development review with site development standards such as site access, required parking, parking lot layout, emergency access, and fire safety all being reviewed. Thus, the proposed rezoning should have little to no impact on traffic patterns and counts compared to the current zoning designation. The Comprehensive Plan encourages a mix of housing affordable for all segments of Dubuque's population throughout the community, including those who may be saving for their first home. The City's Future Land Use Map identifies the subject property as single- family. 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: Reviewed by:Date: 7/31/2024 '92 JAN 2`f941D i j�1 ORDINANCE NO. 8 -92 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROVIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REVISING APPENDIX A THEREOF, ALSO KNOWN AS THE ZONING ORDINANCE OF THE CITY OF DUBUQUE, IOWA, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED NEAR 3870 PERU ROAD FROM R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT TO R-3 MODERATE DENSITY MULTI -FAMILY RESIDENTIAL DISTRICT, WITH CONDITIONS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Code of Ordinances of the City of Dubuque, Iowa be amended by revising Appendix A thereof, also known as the Zoning Ordinance of the City of Dubuque, Iowa, to reclassify hereinafter described property from R-1 Single Family Residential District to R-3 Moderate Density Multi -Family Residential District, with conditions, to wit: Lots 521, 522, 523, 524, 527, 528, 529, and 530 in the North Dubuque Addition to the City of Dubuque, Iowa, all in the City of Dubuque, Iowa and extending to the center line of abutting public right-of-way. Section 2. That the foregoing amendment has heretofore been reviewed by the Zoning Commission of the City of Dubuque, Iowa. Passed, approved and adopted this 20th day of January , 1992. ATTEST: ,,,d, d ,L,_, Mary . Davis City " lerk PL\council\ord\hoag2.ord es E. Brady ayor r -. 00 MEMORANDUM OF AGREEMENT Pursuant to the Iowa Code Section 414.5 (1989), and as an express condition of rezoning of the property described as: Lots 521, 522, 523, 524, 527, 528, 529 and 530 in the North Dubuque Addition to the City of Dubuque, Iowa, and to the center line of the adjoining public right-of- way, all in the City of Dubuque, Iowa. which is the subject of Ordinance No. 8 -92, a copy of which is attached hereto and incorporated herein by reference, the undersigned property owner(s), C. Maxine Hoag, agree(s) to the following conditions, all of which the property owner further agrees are reasonable and are imposed to satisfy public needs which are caused directly by the rezoning: A) Performance Standards 1) That ite access to the property from Peru Road be allowed. B) Reclassification of the Subject Property The City of Dubuque, Iowa may initiate zoning reclassification proceedings to the R-1 Single -Family Residential District if the property owner fails to complete any of the conditions or provisions of this Agreement, including, but not limited to, the standards noted above. C) Modifications Any modifications of this Agreement must be approved by the City Council of Dubuque, Iowa. D) Recording A copy of this Agreement shall be recorded by the property owner with the Dubuque County Recorder as a permanent record of the conditions accepted as part of this rezoning approval within ten (10) days of the adoption of Ordinance No. 8 -92. E) Construction This Agreement shall be construed and interpreted as though it were part of Appendix A of the Code of Ordinances of the City of Dubuque, also known as the Zoning Ordinance of the City of Dubuque, Iowa. F) This Agreement shall be binding upon the undersigned and his/her heirs, successor and assignees. ACCEPTANCE OF MEMORANDUM OF AGREEMENT I, the undersigned, C. Maxine Hoag, having read the terms and conditions of Ordinance No. 8 -92 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this day of By: 1 7/7 , 1992. C. Maxim Hoag State of Iowa ss: County of Dubuque Subscribed and sworn to before me this 20th day of January, 1992. No ary Public My Commission expires 1/i�-- 90% STATE OF IOWA ) COUNTY OF DUBUQUE ) CERTIFICATE OF CITY CLERK ss: I, Mary A. Davis, do.hereby certify that I am the duly appointed, qualified, and acting Clerk of the City of Dubuque in the County aforesaid, and as such Clerk I have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached Ordinance No. 8-92 is a correct copy of the original Ordinance No. 8-92 approved and adopted by the City Council of the City of Dubuque, Iowa, at a session held by said Council on the 20th day of January, 1992. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque. Dated at Dubuque, Iowa, this 24th day of January, 1992. G_ e Mary A, Davis Clerk of the Cit of Dubuque Iowa. 8/13/24, 11:01 AM https://export.amlegal.com/api/export-requests/7c7b763f-db7d-4953-acc4-6aa52693b769/download/ 16-5-5: R-3 MODERATE DENSITY MULTI -FAMILY RESIDENTIAL: The R-3 district is intended to provide locations for a variety of dwelling types ranging from single-family to low rise multi -family dwellings. The R-3 district also serves as a transition between residential and nonresidential districts. (Ord. 52-09, 10-19-2009) 16-5-5-1: PRINCIPAL PERMITTED USES: The following uses are permitted in the R-3 district: Cemetery, mausoleum, or columbarium. Community gardens. Golf course. Maternity group home. Multi -family dwelling (maximum 6 dwelling units). Parks, public or private, and similar natural recreation areas. Place of religious exercise or assembly. Public, private, or parochial school approved by state of Iowa (K - 12). Railroad or public or quasi -public utility, including substation. Single-family detached dwelling. Townhouse (maximum 6 dwelling units). Two-family dwelling (duplex). (Ord. 52-09, 10-19-2009; amd. Ord. 17-13, 3-18-2013; Ord. 19-20, 5-18-2020; Ord. 49-23, 11-20-2023) 16-5-5-2: CONDITIONAL USES: The following conditional uses may be permitted in the R-3 district, subject to the provisions of section 16-8-5 of this title: Accessory dwelling unit. Bed and breakfast home. Group home. Hospice. Housing for the elderly or persons with disabilities. Individual zero lot line detached dwelling. Licensed adult day services. Licensed childcare center. Mortuary, funeral home, or crematorium. Nursing or convalescent home. Off premises residential garage. Off street parking. Rooming or boarding house. Tour home. Tourist home. Wind energy conversion system. (Ord. 52-09, 10-19-2009; Ord. 20-22, 5-20-2022) 16-5-5-3: ACCESSORY USES: The following uses are permitted as accessory uses as provided in section 16-3-7 of this title: Detached garage. Fence. Garage sale, provided that not more than three (3) such sales shall be allowed per premises per calendar year and not more than three (3) consecutive days per sale. Home based business. Keeping of hens for egg production. Noncommercial garden, greenhouse or nursery. Off street parking and storage of vehicles. Satellite receiving dish. Solar collector (freestanding arrays are limited to not more than 100 aggregate square feet and 10 feet in height). Sport, recreation, or outdoor cooking equipment. Storage building. Tennis court, swimming pool or similar permanent facility. Wind turbine (building mounted). (Ord. 52-09, 10-19-2009; amd. Ord. 47-14, 7-21-2014; Ord. 54-15, 8-17-2015) 16-5-5-4: 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) 16-5-5-5: PARKING: Minimum parking requirements shall be regulated in conformance with the provisions of chapter 14 of this title, except for properties located within the Jackson Park and Cathedral Historic Districts where off-street parking is not required. (Ord. 52-09, 10-19-2009; amd. Ord. 9-24, 4-15-2024) 16-5-5-6: SIGNS: Signs shall be regulated in conformance with the provisions of chapter 15 of this title. (Ord. 52-09, 10-19-2009) 16-5-5-7: BULK REGULATIONS: R-3 Residential Minimum Lot Area Minimum Lot Fronta a 9 Maximum Lot Coverage (Lot Area) Setbacks Maximum Height Front Minimum Side Minimum Rear Minimum2 Maximum R-3 Residential Minimum Lot Area Minimum Lot Frontage Maximum Lot Coverage (Lot Area) Setbacks Maximum Height Front Minimum Side Minimum Rear Minimum2 Maximum Permitted uses: Multi -family dwelling (6 du maximum) 2,000 sq. ft./du 50 ft. 40 % 20 ft. - 4 ft. 20 ft. 30 ft. https://export.amlegal.com/api/export-requests/7c7b763f-db7d-4953-acc4-6aa52693b769/download/ 1/2 8/13/24, 11:01 AM https://export.amlegal.com api/export-requests/7c7b763f-db7d-4953-acc4-6aa52693b769/download/ Place of religious exercise or assembly, school 20,000 sq. ft. 100 ft. 40% 20 ft.- 20 ft. 20 ft. 75 ft,1 Single-family detached dwelling 5,000 sq. ft. 50 ft. 40% 20 ft. 50 ft. 4 ft. 20 ft. 30 ft. Townhouse 6 du maximum 1,600 sq. 16 ft./du 40% 20 ft. - 4/0 ft. 20/0 ft. 30 ft. Two-family dwelling 5,000 sq. ft. 50 ft. 40% 20 ft. 50 ft. 4 ft. 20 ft. 30 ft. Conditional uses: Bed and breakfast home 5,000 sq. ft. 50 ft. 40% 20 ft. 50 ft. 4 ft. 20 ft. 30 ft. Group home 5,000 sq. ft. 50 ft. 40% 20 ft. - 4 ft. 20 ft. 30 ft. Hospice 5,000 sq. ft. 50 fl. 40% 20 ft. - 4 ft. 20 ft. 30 ft. Housing for the elderly or disabled 20,000 sq. ft. 100 ft. 40% 20 ft. . 20 ft. 20 ft. 30 ft. Individual zero lot line dwelling 5,000 sq. ft. 50 ft. 40% 20 ft. 50 ft. 10/0 ft. 20 ft. 30 ft. Licensed adult day services, licensed childcare center 5,000 sq. ft. 50 ft. 40% 20 ft. - 4 ft. 20 ft. 40 ft. Mortuary, funeral home or crematorium 20,000 sq. ft. 100 ft. 40% 20 ft. - 20 ft. 20 ft. 30 ft. Nursing or convalescent home 20,000 sq. ft. 100 ft. 40% 20 ft. . 20 ft. 20 ft. 30 ft. Off premises residential garage - - - 20 ft. . 4 ft. 6 ft. 15 ft. Rooming or boarding house 5,000 sq. ft. 50 ft. 40% 20 ft. - 4 ft. 20 ft. 30 ft. Notes: 1. May be erected to a height not exceeding 75 feet; provided, that such buildings shall provide at least 1 additional foot of yard space on all sides for each additional foot by which such building exceeds the maximum height limit of the district in which it is located. 2. See section 16-3-17 of this title for adjustment of minimum front yard setbacks. (Ord. 52-09, 10-19-2009) https://export.amlegal.com/api/export-requests/7c7b763f-db7d-4953-acc4-6aa52693b769/download/ 2/2 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. 13'h St Telephone: 563-589-4121 ORDINANCE NO. 47-24 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED ALONG PERU ROAD BETWEEN WALKER AND TOLEDO STREET (PINS 1012183002, 1012183005, 1012183008, and 1012183007) FROM R-3C MODERATE DENSITY MULTI -FAMILY RESIDENTIAL DISTRICT WITH CONDITIONS TO R-3 MODERATE DENSITY MULTI -FAMILY RESIDENTIAL 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 R-3c Moderate Density Multi -Family Residential District with conditions to R-3 Moderate Density Multi -Family Residential District, to wit: Lot 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531 and 532 all in the North Dubuque 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 August, 2024. Brad j . avanagh, Mayor 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: 08/09/2024 and for which the charge is 40.47 Subscribed to before me, a Notary Public ih and for Dubuque County, Iowa, this 9th day of August, 2024 Notaryblic in and for Dubuque County, Iowa. JANET K. PAPE 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 19th day of August, 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 Ron Breiner to rezone property at 8301 Seippel Court from CS Commercial Service and Wholesale to C-3 General Commercial. 2. Request from Zoros Investments, LLC to rezone property at Peru Road (PIN 1012183002, 1012183005, 1012183008, and 1012183007) from R-3c Moderate Density Multi -Family Residential with conditions to R-3 Moderate Density Multi -Family Residential. 3. Request from Merfeld Properties, LLC to rezone property located at 405, 575 and 595 Cedar Cross Road from R-1 Single Family Residential to CS Commercial Service and Wholesale. 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 8/9 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: 08/23/2024 and for which the charge is 24.40 Subscribed to before me, a Notar blic in and for Dubuque County, Iowa, this 23rd day of August, 2024 Notar lic in and for Dubuque County, Iowa. .%Ai JANET K. PAPE o�. 7 Commission Number 199659 a My Commission Expires /ow- 12/11/2025 Ad text : CITY OF DUBUQUE OFFICIAL PUBLICATION ORDINANCE NO. 47-24 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED ALONG PERU ROAD BETWEEN WALKER AND TOLEDO STREET (PINS 1012183002, 1012183005, 1012183008, and 1012183007) FROM R-3C MODERATE DENSITY MULTI -FAMILY RESIDENTIAL DISTRICT WITH CONDITIONS TO R-3 MODERATE DENSITY MULTI -FAMILY RESIDENTIAL 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 R-3c Moderate Density Multi -Family Residential District with conditions to R-3 Moderate Density Multi -Family Residential District, to wit: Lot 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531 and 532 all in the North Dubuque 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 August, 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 August, 2024. /s/Adrienne N. Breitfelder, City Clerk It 8/23