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Request to Rezone Property on West 32nd StreetCity of Dubuque City Council PUBLIC HEARINGS # 1. Copyrighted August 18, 2025 ITEM TITLE: Request to Rezone Property on West 32nd Street SUMMARY: Proof of publication on notice of public hearing to consider a request from Sherry Ehrlich to zone property on West 32nd St., (PIN 1016227007), from R-1 Single -Family Residential to OR Office Residential zoning district, and Zoning Advisory Commission recommending denial of the request. ORDINANCE Amending Title 16 Of The City Of Dubuque Code Of Ordinances, Unified Development Code, By Reclassifying Hereinafter Described Property Located At 3185 West 32nd Street (PIN 1016227007) From R-1 Single - Family Residential District To OR Office Residential District. SUGGUESTED Receive and File; Concur with Denial OR Motion B, Motion A DISPOSITION: with a Super Majority ATTACHMENTS: 1. ZAC Ltr to CC 2. Application 3. Vicinity Map 4. Notification Map 5. Public Input Letters & Map 6. Site Photos 7. Staff Report 8. R-1 Zoning Regulations 9. OR Zoning Regulations 10. ORD 32nd St REZ 11. Presentation_Uploaded 8.18.25 12. Applicant Letter to City Council_Uploaded 8.18.25 13. Applicant Letter To Neighbors - W 32nd Street —Uploaded 8.18.25 Page 366 of 579 Planning Services Department City Hall 50 West 1311, Street Dubuque, IA 52001-4864 (563) 589-4210 phone (563) 589-4221 fax (563) 690-6678 TDD planning@ci!yofdubuque.org THE CITY OF DUB E Masterpiece on the Mississippi The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 13t" Street Dubuque IA 52001 Dubuque kylftyl All -twin C14 2007-2012.2013 2017*2019 August 12, 2025 Applicant- Sherry Ehrlich Location: West 32nd Street Description: To rezone property from R-1 Single -Family Residential to OR Office Residential zoning district. 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 Tom Larsen, Buesing and Associates, spoke on behalf of the applicant. He noted that the applicants are looking to construct a realty office on the site. He said they are working on site layout that would have parking located in the rear with green space out front along 32nd Street. He noted that a general office use shouldn't generate much traffic, and the applicant does not intend for the office to negatively impact the neighboring properties. He noted the surrounding zoning districts and stated that the proposed OR would be a transitional buffer between the residential zoning districts and other adjacent uses and zoning districts. He stated that a site plan would require review by city staff and that the applicant would need to meet city code requirements. He stated that parking would be provided on the site. Jonie Heitzmann, 3152 W 32nd Street, spoke in opposition to the request on behalf of herself and her husband, Ron Heitzmann. She stated that she researched the OR zoning district, and she noted that the OR district allows more principal permitted uses than the R-1 district, and that the uses in the OR would not fit the neighborhood. She stated that while she wasn't initially concerned about a smaller real estate office, the potential for other uses that would be permitted in the OR district do concern her. She said she believes this to be spot zoning and that spot zoning benefits the property owner and not the neighborhood. She said she felt that the proposed uses would not benefit the neighborhood. She said she chose her property because of the R-1 neighborhood and appreciates the proximity to the trail. She said the Northwest Arterial is not always great to live by, but it provides a natural transition from single-family to higher intensity uses to the north. She said the neighborhood previously opposed a request for an R-4 zoning on Service People Integrity Responsibility Innovation Teamwork Page 367 of 579 The Honorable Mayor and City Council Members Page 2 a neighboring property and the developer changed their plan, subdivided the property, and constructed two single-family residences. Genevieve Voss, 3160 W 32nd Street, spoke in opposition to the request on behalf of herself and her husband, Richard Voss. She noted that they bought their home in an R-1 district and expected the neighborhood would remain single-family. She expressed her concerns around vehicles parking along 32nd Street. She stated that the lot could be used for two single-family dwellings which would be a better fit for the neighborhood. Tom Larsen responded to the public comments. He noted that parking would need to be provided on the property and that a real estate office would generate a low volume of traffic. Staff detailed the staff report noting that the surrounding zoning districts including R-1 and OS Office Service abutting the site, and C3 and R-3 zoning districts located across the Northwest Arterial. Staff discussed the public notification requirements and stated that staff did receive several letters of opposition which have been shared with the applicant and the commission. Staff shared a public opposition map noting that more than 20% of the notified property owners are in opposition which would require a super majority vote at the City Council to be approved. Staff shared a chart outlining the principal permitted uses in the R-1 and OR zoning districts and highlighted the uses that are permitted in both zoning districts. Staff shared that the OR zoning district is generally a transitional district between residential and commercial uses. Staff noted the OR district would not allow for a single-family or two-family dwelling unless it is located within an existing structure, but that it would allow for the construction of a town home. Staff stated that the Commission may wish to consider whether a conditional rezoning would be appropriate for the subject site. Staff discussed spot zoning stating that spot zoning can be more nuanced than just one zoning district surrounded by other zoning district. Staff stated that there may be instances in which a zoning district may be appropriate as it may provide services or uses that would benefit the neighborhood such as a corner store in a residential neighborhood. She noted the OS district across 32nd Street highlighting the proximity of that district to the subject property. Staff clarified the site is around 21,000 square feet in area and the lot could be subdivided to create two single-family lots; however, a challenge of this property is establishing a safe access point from 32nd Street on to the site. Staff noted that the property is located on a curved portion of 32nd Street and that safe access to the site would be reviewed no matter the property use. Staff noted the applicant is actively working with the Engineering Department to consider the safest point of access. Staff stated that parking along 32nd Street would not be allowed, and parking would need to be provided on the subject property. Staff stated that site plan review would be required for any residential development of more than two units and any commercial uses. The Commission asked if the property had a building currently and staff noted that the lot was vacant and clarified that single-family and two-family dwellings would be allowed in an existing building only. The Commission questioned who owned the OC district to the Service People Integrity Responsibility Innovation Teamwork Page 368 of 579 The Honorable Mayor and City Council Members Page 3 west and staff clarified that it is owned by the City of Dubuque and it is platted as part of the public right-of-way. The Commission asked if the parcel had unseen issues that would explain why it has been on the market for so long or why it hadn't been developed to -date. Staff noted that there are no major site constraints from the City's perspective and that the property is developable. The Commission questioned how many multi -family residential units could be constructed on the property. Staff stated that based on site area alone in the OR district a maximum of 19 dwelling units could be constructed-, however, the calculations do not take into consideration other development requirements such as open space, parking spaces, drive aisles, etc. which would reduce the buildable area of the site. Staff clarified that any future rezoning requests would require review by the Zoning Advisory Commission and City Council. The Commission discussed the project and noted the neighbors have battled to keep the area R-1, the arterial is a natural break between residential and commercial uses and said there is no benefit to the neighborhood in switching to OR. The Commission acknowledged that parking would need to be provided on the property and traffic for a real estate office would be generally minimal. They discussed how the Northwest Arterial is a natural break between residential and commercial uses. The Commission noted that a conditional rezoning could be considered but it would still be rather vague in this case a site plan would be helpful to see during the rezoning request as low intensity office use might be an acceptable use here. Recommendation The Zoning Advisory Commission makes motions in the affirmative. If the motion to approve receives zero "ayes" and five "nays" it means the motion fails. The result is effectively a recommendation to the deny the request. The Zoning Advisory Commission motioned to recommend approval of the rezoning request as presented. With a vote of 0 ayes to 5 nays, the Zoning Advisory Commission is recommending the City Council deny the rezoning request. Letters of opposition were submitted by the owners of twenty percent (20%) or more of the property which is located within two hundred feet (200') of the exterior boundaries of the property being considered for rezoning. A super majority vote is needed for the City Council to approve the request. Respectfully submitted, `w� Matthew Mulligan, Chairperson Zoning Advisory Commission Service People Integrity Responsibility Innovation Teamwork Page 369 of 579 The Honorable Mayor and City Council Members Page 4 Attachments cc: Sherry Erlich — 558 Mill Run — Dubuque, IA Earlyn J. & Judith L. Loeffelholz — 1901 W. 32nd Street — Dubuque, IA Service People Integrity Responsibility Innovation Teamwork Page 370 of 579 Ittt � try err DUBUQUE City of I)uhuquc Planning Serwct•s Derhutment Dubuque, IA 52001-48.15 Phone: 563-589••1210 Fax: 563.589.4221 plannmg�LctCIdgur rrc.c�y 7onina Advisory Commission Zoning Board of Adiustment pevelonment Services Historic Preservation Commission El Amended PUD ❑ Conditional Use Permit El Annexation ❑ Limited Setback Waiver ❑Demolition Review ❑ Historic Revolving Loan x❑ Rezoning/PUD/ID ❑ Special Exception ❑ Site Plan Simple U Certificate of Economic Non -Viability ❑ Text Amendment ❑ Variance ❑ Site Plan Minor ❑ Design Review Certificate of ❑ simple Subdivision ❑ Preliminary Plat ❑ Appeal ❑ Site Plan Major Appropriateness ❑ Major Final Plat ❑ Simple Subdivision ❑ Temporary Use Permit ❑ Advisory Design Revievl (Public Projects) ❑ Minor Final Plat ❑ Port of Dubuque/ ❑ Historic Designation ❑ Waiver from Site Chaplain Schmitt Island Design Standards Design Review applicablePlease coniplete the , A. Property Information Site Location/Address: W 32nd St (south east of NW Arterial and W 32nd St ) Legal Description/Parcel [D1t/subdivision: Bal. of Lot 2-1-1 of NE 1 /4 of Sec. 16, T89N, R2E (1016227007) Existing Zoning: R-1 Proposed Zoninq: OR Site Area (square feet/acres): 0.91 ac. Historic District andmark: ❑ Yes ® No B. Describe proposal and reason for application (attach a letter of explanation, if necessary): Rezone to be able to Dut up an office building and parking area C. Applicant/Agent Information Name: Sherry Ehrlich Phone: (563) 583-111 1 _ Address: 558 Mill Run City: Dubuque rr state: IA Lip: 52002 Email: sherry 1111 realty.house D. Property Owner(s) Information Name(s): Earlyn J & Judith L. Loeffelholz Phone: -5 3 • `f S l Z 6 -5 Address: 1901 W 32nd St. City: Dubuque State: lA Zip: 52001 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 •1. The information submitted herein is true and correct to the best of my/our knowledge and upon submittal becomes public record. i Applicant/Agent: 7a' �'p��Ci Date:Z/� Z.S— —7 � Property Owner(s): C.. te: Fee 5 Ck, _ ❑CC ❑Cash Received by M Page 371 of 579 3246 Ion 3290 3234, 3240 3273195 0 3310 1�11 3230 -3240 3250 3260r 3280 3195 3220� P 3210, ` 32�ii� 4, i 3351 � v � 3301 Y � 306 i.W; y � 3298 .► 8—3199.,-. �c, ►. .. 22 • 3169 0�0 3377 3139± 3087 3373 �. 30.5.7i Ar 3020 3032 3026 � 3016 - 32nd Street - PIN Y1016227007 Subject Property Properties Notified O 200-Foot Notification Boundary >000 ,X s ° F J " , ^—�. 1`' �j .'�° I 'i� / • � i. � 11 1 iq Feet �► sit 0 50 100 200 � P obilic Input - V1 Q Subject Property Q 200-Foot Notification Boundary Parcel area within 200' = 100,462 sq. ft. Property Owner Opposition within 200' - 42,767 sq. ft. Letters of Opposition e Percent of area opposed: 42,767 sq. ft./100,462 sq. ft. _ 42.6 KX 00 * q; ��n 32 88 1 '1 Feet 0 50 100 200 '4 i1 �'��`� �y�"FY,4._ • M•D.Jr�-1 ,F' 7 k � r �f,3„" N .10162.27007 Y0.000* I Ji F ® " Am 3063 v 4i 3020 3016 - 3026 r yam► _- nd the GIGIS`User u-•i August 4, 2025 To: Zoning Advisory Commission Re: Public Hearing —Zoning Change Proposal Proposal: To rezone property from R-1 Single Family Residential to OR Office Residential Zoning District Property Location: West 32nd St. PIN 1016227007 As Residents in the neighborhood and adjacent to the proposed property, I (We) object to any change in zoning designation other than the R-1 Single Family Residential as it now is designated. COMMENTS: 0 C_ t-4z__' Name(s) of Respondents: A Ck 11 l 1, -1 - V U rC Resident Address: Page 375 of 579 August 4, 2025 To: Zoning Advisory Commission Re: Public Hearing — Zoning Change Proposal Proposal: To rezone property from R-1 Single Family Residential to OR Office Residential Zoning District Property Location: West 32"d St. PIN 1016227007 As Residents in the neighborhood and adjacent to the proposed property, I (We) object to any change in zoning designation other than the R-1 Single Family Residential as it now is designated. ADDITIONAL COMMENTS: 4WO-Mre- f Name(s) of Respondents: t i5`hr1a- (A*ti S Resident Address: ��'� i Z 1I� �Z�`�'' Page 376 of 579 August 4, 2025 To: Zoning Advisory Commission Re: Public Hearing —Zoning Change Proposal Proposal: To rezone property from R-1 Single Family Residential to OR Office Residential Zoning District Property Location: West 32nd St. PIN 1016227007 As Residents in the neighborhood and adjacent to the proposed property, I (We) object to any change in zoning designation other than the R-1 Single Family Residential as it now is designated. ADDITIONAL,..8 COMMENTS: 4p6t -76 '�� ()J , w �c C01/11�ijereci Name(s) of Respondents: Resident Address: D / 0 t_/ e5,)-3Dt, � 5 A. - %c Page 377 of 579 August 4, 2025 To: Zoning Advisory Commission Re: Public Hearing — Zoning Change Proposal Proposal: To rezone property from R-1 Single Family Residential to OR Office Residential Zoning District Property Location: West 32nd St. PIN 1016227007 As Residents in the neighborhood and adjacent to the proposed property, I (We) object to any change in zoning designation other than the R-1 Single Family Residential as it now is designated. COMMENTS: Name(s) of Respondents:�---- 00-1wV Resident Address lichard "Voss 3160 W. 32nd St. Dubuque,IA 52001-1029 Page 378 of 579 August 4, 2025 To: Zoning Advisory Commission Re: Public Hearing — Zoning Change Proposal Proposal: To rezone property from R-1 Single Family Residential to OR Office Residential Zoning District Property Location: West 32nd St. PIN 1016227007 As Residents in the neighborhood and adjacent to the proposed property, I (We) object to any change in zoning designation other than the R-1 Single Family Residential as it now is designated. ADDITIONAL COMMENTS: etezoning of a single parcel or a small area to a different zoning classification than the surrounding properties is the definition of "Spot Zoning". This application seems to be exactly that. No significant need nor public benefit is evidenced; and it serves as a starting point of zoning erosion into a long established R-1 neighborhood. We love our neighborhood. We chose our home based on this and other qualities. Ewe also believe that the Northwest Arterial serves as a logical line of demarcation: R-1 on SouthEast side and Other zones more commercial or business oriented and R-3/4 to the Northwest Side. deferring to the information found in Dubuque's Zoning Website Section 16-5-7 OR Office Residential the listings of Principal Permitted Uses, Conditional Uses and Accessory Uses seem "non -fit" for this location. �k Name(s) of Respondents:-- U, �-- � Resident Address: 31,,5 3a Md Qs+ Page 381 of 579 August 4, 2025 To: Zoning Advisory Commission Re: Public Hearing —Zoning Change Proposal Proposal: To rezone property from R-1 Single Family Residential to OR Office Residential Zoning District Property Location: West 32" d St. PIN 1016227007 As Residents in the neighborhood and adjacent to the proposed property, I (We) object to any change in zoning designation other than the R-1 Single Family Residential as it now is designated. COMMENTS: Name(s) of Respondents: i0-, /,��..... ter. Resident Address:��i Page 382 of 579 t 41 M% YY4r =• �'' - ` •..� _ - _ � -- - --` '- � �� .{ter x s' _ , - / a• • � � ro'. -�i �+� •.� � ',Z.. _ _ � f gib-• lieIC.J •sue _ s • L�. - _ ' ►+. �r wo op � ; REZONING STAFF REPORT Zoning Agenda: August 6, 2025 Property Address: West 32nd Street — PIN 1016227007 Property Owner: Earlyn J. and Judith L. Loeffelholz Applicant: Sherry Ehrlich Description: To rezone property from R-1 Single -Family Residential to OR Office Residential zoning district. Proposed Land Use: Office Residential Existing Land Use: Vacant Proposed Zoning: OR Existing Zoning: R-1 Adjacent Land Use: Adjacent Zoning: North — Northwest Arterial North — R-1/R-3 East — Residential East — R-1 South — Residential South — R-1 West — Residential/Open Space West — R-1/OS Former Zoning: Prior to 1975 — Single -Family 1975 — R-1 Single -Family Residential 1985 — R-1 Single -Family Residential Total Area: 0.53 acres / 23,086 square feet Property History: The property is located in an area of the City that has historically been zoned for single-family residential use. The subject property is vacant and was historically used for agriculture and/or gardening. Physical Characteristics: The subject property is an approximately .53-acre (23,086 square feet) lot located along 32nd Street, just south of the Northwest Arterial. The property has remained undeveloped although it has historically been used for agricultural uses and a garden for adjacent residential uses. The property is primarily flat, and the surrounding development consists primarily of single-family residential uses, with some commercial and multi -family uses to the north and northwest across the Northwest Arterial. Property view on next page. Page 385 of 579 Rezoning Staff Report: West 32nd Street — PIN 1016227007 Page 2 i,06 3216 qRR R-1t, 319' 3 * n * * o,yw Y J ' 46 C-2 *234 3240 32* t,0 3'3n *3'90 _ 32 .'43340,, _,o** R3 `N ' 3335 2995 1e \ P� � !y Eo ;3250 �r i� 33-5� 3391 rn \6-'si a 3351 3 341 3317A *3000 *2950 3309 wl*33 � .. C-3 •301 �gt 2�5 eta 3 I' *'-9ii 3011 2957 3315 3315 3315 3019 3015 _� 3315 3175 0 *� 3ro �i os ° 29s *1968 3oi6 *2955 Z�OI- 37ND 1 *303, * 026 *3020 3210 3160 *3L1' *� R-1 3298 3250 * * *j15, 3073 305 * * * 31u * 3095 *31-3 *- *3 u)9 3163 *j1-}3 3153 316y 3150 30_5 * ARBOR WLL$ 3054 * 306 ** '> 51 j136 3u5 *310-' * 8- 3139 *jO'4 * *3o5S 3190 * j1_ *3154* i359 *� *33 j054 3393 * — 305- * 3045 3063 3397 * ��iEf *31; , * * 3101 3o55 P 3030 311; * VE 3350 *>> > 31159 _ *3035 * 3155 *3135 3401 3990 *-- * 3(n1 ,>, 5 p *303 30'J c,JOF, o(°�C• 3010 l;pSTLEWWDS� o 0 3 * 110r� 3 9 * Subject property and zoning of surrounding area. Concurrence with Comprehensive Plan: The Comprehensive Plan encourages mixed - use development and commercial development responsive to the market demands and needs of residents. The City's Future Land Use Map identifies the subject property as Public Open Space. Impact of Request on: Utilities: Existing utilities located along 32nd Street are adequate to serve the subject property. Traffic Patterns/Counts: The Iowa Department of Transportation (IDOT) categorizes 32nd Street as a Minor Arterial. The most recent traffic counts are from 2013 and show an average annual daily count of 4,190 vehicles. The site is currently undeveloped and although rezoning of the subject property may result in additional vehicle counts, due to the size of the property and the limited uses that could be accommodated at the site, the proposed rezoning is not anticipated to substantially alter traffic counts to the subject site or area. 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 currently vacant. Any redevelopment of the property would be subject to review by the city's Development Page 386 of 579 Rezoning Staff Report: West 32nd Street — PIN 1016227007 Page 3 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 residential uses to the west, south, and east. The property is directly bordered by a city bike/hike trail along the western and northern sides. To the north is the Northwest Arterial and across that are properties utilized for residential and commercial uses. The proposed rezoning would create a new OR district in the neighborhood and would change the zoning designation for the subject property only. The OR district would allow for additional uses beyond the current R-1 district such as higher density residential uses and low intensity commercial uses. The subject property is small generally and as such may not be conducive to some of those uses. Additionally, 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 impact adjacent properties. CIP Investments: None. Staff Analysis: The applicant proposes to rezone the subject property from R-1 Single - Family Residential to OR Office Residential zoning district. The subject property is an approximately .53-acre (23,086 square feet) lot located along 32nd Street, just south of the Northwest Arterial. The property has remained undeveloped although it has historically been used for agricultural uses and a garden for adjacent residential uses. The property is primarily flat. The subject property is surrounded by residential uses to the west, south, and east. The property is directly bordered by a city bike/hike trail along the western and northern sides. To the north is the Northwest Arterial and across that are properties utilized for residential and commercial uses. The proposed rezoning would create a new OR district in the neighborhood and would change the zoning designation for the subject property only. The OR district would allow for additional uses beyond the current R-1 district such as higher density residential uses and low intensity commercial uses. The Iowa Department of Transportation (IDOT) categorizes 32nd Street as a Minor Arterial. The most recent traffic counts are from 2013 and show an average annual daily count of 4,190 vehicles. The site is currently undeveloped and although rezoning of the subject property may result in additional vehicle counts, due to the size of the property and the uses that could be accommodated at the site, the proposed rezoning is not anticipated to substantially alter traffic counts to the subject site or area. The subject property would be adequately served by existing utilities in the area 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 Page 387 of 579 Rezoning Staff Report: West 32nd Street — PIN 1016227007 Page 4 development. Therefore, the proposed rezoning is not anticipated to have an any adverse impacts on the environment. The existing R-1 zoning district allows for nine (9) Principal Permitted Uses and the proposed OR zoning district allows for twenty (20) Principal Permitted Uses. The chart below provides a side -by -side summary of the Principal Permitted Uses in both zoning districts. The five (5) uses highlighted in yellow are permitted in both zoning districts. A copy of the full summary of each zoning district is attached to this report. Principal Permitted Uses R-1 Zoning District OR Zoning District Cemetery, mausoleum, or columbarium. Art gallery, museum, or library. Community gardens. Artist studio. Golf course. Community gardens. Maternity group home. General office. Parks, public or private, & similar natural recreation areas Hospice. Place of religious exercise or assembly. Housing for the elderly or persons with disabilities. Public, private, or parochial school approved by state of Iowa K-12. Licensed childcare center. Railroad or public or quasi -public utility, including substation. Maternity group home. Single-family detached dwelling. Medical office. Mortuary or funeral home. Multi -family dwelling. Nursing or convalescent home. Parking structure. 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. Registered child development home. School of private instruction. Single- or two-family dwelling within an existing structure only. Townhouse. Approval of the proposed rezoning is not anticipated to substantially alter the fabric of the area. The subject property is fairly small is size and consequently scale of development on the subject site would be limited. The Comprehensive Plan encourages mixed -use development and commercial development responsive to the market demands and needs of residents. The City's Future Land Use Map identifies the subject property area as Public Open Space. Planning staff recommends that the Zoning Advisory Commission review the information provided and make a recommendation 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 � �b,yU�J- Date: 7/31/2025 Page 388 of 579 7/30/25, 2:53 PM https://export. amIegal.com/api/export-requests/22391401-de3b-4e1f-b312-35e9ef9f9b6a/download/ 16-5-2: R-1 SINGLE-FAMILY RESIDENTIAL: The R-1 district is the most restrictive residential district and is intended to protect low density residential areas from the encroachment of incompatible uses. The principal use of land in this district is for low density single-family dwellings and related recreational, religious and educational facilities. (Ord. 52-09, 10-19-2009) 16-5-2-1: PRINCIPAL PERMITTED USES: The following uses are permitted in the R-1 district: Cemetery, mausoleum, or columbarium. Community gardens. Golf course. Maternity group home. Parks, public or private, and similar natural recreation areas. Place of religious exercise or assembly. Public, private or parochial school approved by the state of Iowa (K - 12). Railroad or public or quasi -public utility, including substation. Single-family detached dwelling. (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) 16-5-2-2: CONDITIONAL USES: The following conditional uses may be permitted in the R-1 district, subject to the provisions of section 16-8-5 of this title: Accessory dwelling unit. Bed and breakfast home. Keeping of horses or ponies. Licensed adult day services. Licensed childcare center. Mortuary, funeral home, or crematorium. Off street parking. Tour home. Tourist home. Wind energy conversion system. (Ord. 52-09, 10-19-2009; amd. Ord. 66-14, 11-17-2014) 16-5-2-3: 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) 16-5-2-4: 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) 16-5-2-5: PARKING: Minimum parking requirements shall be regulated in conformance with the provisions of chapter 14 of this title. (Ord. 52-09, 10-19-2009) 16-5-2-6: SIGNS: https://export.amIegal.com/api/export-requests/22391401-de3b-4e1f-b312-35e9ef9f9b6a/download/ Page 389 of Y29 7/30/25, 2:53 PM https://export. amIegal.com/api/export-requests/22391401-de3b-4e1f-b312-35e9ef9f9b6a/download/ Signs shall be regulated in conformance with the provisions of chapter 15 of this title. (Ord. 52-09, 10-19-2009) 16-5-2-7: BULK REGULATIONS: Minimum Maximum Setbacks Front Minimum Minimum R-1 Residential Minimum Lot Area Lot Lot Coverage Maximum Height Minimum 2 I Maximum Frontage (Lot Area) Side Rear Minimum Maximum Setbacks Front Minimum Minimum R-1 Residential Minimum Lot Area Lot Lot Coverage Maximum Height Minimum2 Maximum Frontage (Lot Area) Side Rear Permitted uses: Place of religious exercise 20,000 sq. ft. 100 ft. 40% 20 ft. - 20 ft. 20 ft. 75 ft.1 or assembly, school Single-family detached 5,000 sq. ft. 50 ft. 40% 20 ft. 50 ft. 6 ft. 20 ft. 30 ft. dwelling Conditional uses: Bed and breakfast home 5,000 sq. ft. 50 ft. 40% 20 ft. 50 ft. 6 ft. 20 ft. 30 ft. Licensed adult day services, 5,000 sq. ft. 50 ft. 40% 20 ft. - 6 ft. 20 ft. 30 ft. licensed childcare center Mortuary, funeral home or 20,000 sq. ft. 100 ft. 40% 20 ft. 20 ft. 20 ft. 30 ft. crematorium 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.amIegal.com/api/export-requests/22391401-de3b-4e1f-b312-35e9ef9f9b6a/download/ Page 390 of �29 7/30/25, 2:54 PM https://export.amlegal.com/api/export-requests/1373579b-b626-4a9b-93f2-5192d9fbc462/download/ 16-5-7: OR OFFICE RESIDENTIAL: The OR district is intended to serve as a transition zone between commercial and single- and two-family residential areas permitting adaptive reuse of existing building stock, which will normally be residential in character. This OR district is not intended to have any application in undeveloped or newly developing areas of the city or on land made vacant through intentional demolition. Development standards remain flexible to allow conservation and reuse of existing buildings. This district should be located in areas abutting arterial and/or collector streets which are, because of location and trends, suitable for development of low intensity office uses, and high intensity residential uses. (Ord. 52-09, 10-19-2009) 16-5-7-1: PRINCIPAL PERMITTED USES: The following uses are permitted in the OR district: Art gallery, museum or library. Artist studio. Community gardens. General office. Hospice. Housing for the elderly or persons with disabilities. Licensed childcare center. Maternity group home. Medical office. Mortuary or funeral home. Multi -family dwelling. Nursing or convalescent home. Parking structure. Place of religious exercise or religious assembly. Public, private, or parochial school approved by state of Iowa (K - 12). Railroad or public or quasi -public utility, including substation. Registered child development home. School of private instruction. Single- or two-family dwelling unit within an existing structure only. Townhouse (2 or more laterally attached units). (Ord. 52-09, 10-19-2009; amd. Ord. 54-19, 12-16-2019; Ord. 19-20, 5-18-2020; Ord. 30-21, 9-20-2021; Ord. 49-23, 11-20-2024) 16-5-7-2: CONDITIONAL USES: The following conditional uses are permitted in the OR district, subject to the provisions of section 16-8-5 of this title: Accessory dwelling unit. Bed and breakfast home. Bed and breakfast inn. Group home. Licensed adult day services. Off premises residential garage. Off street parking. Photographic studio. Private club. Rooming or boarding house. Tour home. Tourist home. Wind energy conversion system. (Ord. 52-09, 10-19-2009; amd. Ord. 54-19, 12-16-2019; Ord. 20-22, 5-20-2022) 16-5-7-3: ACCESSORY USES: The following uses are permitted as accessory uses as provided in section 16-3-7 of this title: Crematorium accessory to a mortuary or funeral home. 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. Noncommercial garden, greenhouse or nursery. https://export.amlegal.com/api/export-requests/1373579b-b626-4a9b-93f2-5192d9fbc462/download/ Page 391 of Y�9 7/30/25, 2:54 PM https://export.amlegal.com/api/export-requests/1373579b-b626-4a9b-93f2-5192d9fbc462/download/ 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. 54-15, 8-17-2015) 16-5-7-4: 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) 16-5-7-5: 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) 16-5-7-6: SIGNS: Signs shall be regulated in conformance with the provisions of chapter 15 of this title. (Ord. 52-09, 10-19-2009) 16-5-7-7: BULK REGULATIONS: Minimum Maximum Setbacks OR Office Residential Minimum Lot Area Lot Lot Coverage Front Minimum Minimum Maximum Height Minimum Maximum Fronta a g (Lot Area) Side Rear Minimum Maximum Setbacks OR Office Residential Minimum Lot Area Lot Lot Coverage Maximum Height Front Minimum Minimum Minimum Maximum Frontage g (Lot Area) Side Rear Permitted uses: General office - - 50 % 20 ft. 3 ft. 10 ft. 40 ft. Hospice 5,000 sq. ft. 50 ft. 50 % 20 ft. - 3 ft. 10 ft. 40 ft. Housing for the elderly or 10,000 sq. ft. - - - - 3 ft,1 10 ft. 40 ft. disabled Medical office - - 50 % 20 ft. - 3 ft. 10 ft. 40 ft. Mortuary, funeral home - - 50 % 20 ft. - 3 ft.1 10 ft. 40 ft. Multi -family dwelling 1,200 sq. ft./du 50 ft. 50 % 20 ft. - 3 ft. 10 ft. 40 ft. Nursing or convalescent 10,000 sq. ft. q 100 ft. 50 % 20 ft. - 3 ft. 1 10 ft. 40 ft. home Place of religious exercise 20,000 sq. ft. 100 ft. 50 % 20 ft. - 3 ft. 10 ft. 75 ft.2 or assembly, school Single-family detached 5,000 sq. ft. 50 ft. 50 % 20 ft. 50 ft. 3 ft. 10 ft. 40 ft. dwelling Townhouse 1,200 sq. ft./du 16 ft./du 50 % 20 ft. - 3/0 ft. 10/0 ft. 40 ft. Two-family dwelling 5,000 sq. ft. 50 ft. 50 % 20 ft. 50 ft. 3 ft. 10 ft. 40 ft. All other permitted uses - - 50 % 20 ft. - 3 ft. 10 ft. 40 ft. Conditional uses: Bed and breakfast home 5,000 sq. ft. 50 ft. 50 % 20 ft. 50 ft. 3 ft. 10 ft. 40 ft. Bed and breakfast inn - - 50 % 20 ft. 50 ft. 3 ft. 10 ft. 40 ft. Group home 5,000 sq. ft. 50 ft. 50 % - - 3 ft. 10 ft. 40 ft. Licensed adult day services, 5,000 sq. ft. 50 ft. 50 % 20 ft. 3 ft. 10 ft. 40 ft. licensed childcare center Off premises residential garage - - 50 % 20 ft. - 3 ft. 10 ft. 15 ft. Photographic studio - - 50 % 20 ft. - 3 ft. 10 ft. 40 ft. Private club - - 50 % 20 ft. - 3 ft. 10 ft. 40 ft. Rooming or boarding house 5,000 sq. ft. 50 ft. 50 % 20 ft. - 3 ft. 10 ft. 40 ft. Notes: 1. When abutting a residential district, a 6 foot side setback is required. https://export.amlegal.com/api/export-requests/1373579b-b626-4a9b-93f2-5192d9fbc462/download/ Page 392 of ��9 7/30/25, 2:54 PM https://export.amlegal.com/api/export-requests/1373579b-b626-4a9b-93f2-5192d9fbc462/download/ 2. 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. (Ord. 52-09, 10-19-2009) https://export.amlegal.com/api/export-requests/1373579b-b626-4a9b-93f2-5192d9fbc462/download/ Page 393 of W�9 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. 13th St Telephone: 563-589-4121 ORDINANCE NO. - 25 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 3185 WEST 32ND STREET (PIN 1016227007) FROM R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT TO OR OFFICE RESIDENTAIL 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-1 Single -Family Residential District to OR Office Residential District, to wit: Balance of Lot 2 of Lot 1 of Lot 4, and Lot 2 of Lot 1 of Lot 7, of the North East '/4 of Section 16, Township 89 North, Range 2 East of the 5th P.M., 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 day of , 2025. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk Page 394 of 579 West 32nd Street (PIN 10162270071 To rezone portion of property from R-1 Single -Family Residential to OR Office Residential zoning district. Presentation to City Council August 18, 2025 R_3 II ,M R-1 • j. ' AG 71 3020 3032 3026 3016 3112 13 3075 ' T{ T 3oss � g 3rn S r z 30 30� 030 Dubuque THE Crn' OF DUB E I11I' Jro7.10, .2011 Masterpiece on this Mississippi 2017*2019 Vicinity Map Applicant: Sherry Ehrlich Location: West 32nd Street — PIN 1016227007 Type: Rezoning Description: To rezone property from R-1 Single - Family Residential to OR Office Residential zoning district. .. Subject Property 0 62.5 125 250 N FKt A 1:2A00 Project Site • Property & Zonin-a History ■ Traffic Patterns/Counts: ■ Single -Family Residential ■ W. 32 is a classified as a Minor Arterial - 4,190 average annual daily vehicle trips • Project Site: (2013) ■ .53 acres/23,086 sq. ft ■ Northwest Arterial is classified as a ■ 32nd Street, just south of NW Arterial Major Arterial - 11,800 average daily ■ Site is undeveloped/vacant vehicle trips (2021) • Adjacent Land Use: ■ North - Residential (R-3) & NW Arterial ■ East - Residential (R-1) ■ South - Residential (R-1) ■ West - NW Arterial ROW (OS) & Residential (R-1) ■ Adjacent Properties: ■ Single-family residential uses to the west, south, and east. ■ NW Arterial to the north ■ R-3 and C-3 across the NW Arterial Principal Permitted Uses R-1 Zoning District OR Zoning District Cemetery, mausoleum, or columbarium. Art gallery; museum, or library - Community ardens. Artist studio. Golf course. Community gardens. N]aternity grouphome. General office. Parks, public or private, & similar natural recreation areas Hospice, Place of religious exercise or assembly_ Housing for the elderly or persons with disabilities. Public, private, or parochial school approved by state of Iowa K-12 . Licensed childcare center. Railroad or public or quasi -public utility; including substation - Maternity group home. Single -family detached dwelling. Medical office. N.-IortUary or funeral home. N.-lulti-family dwelling. Nursing or convalescent home. Parkin structure_ 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. Registered child development home. School of private instruction. Single- or two-family dwelling within an existing structure only- Townhouse- Public Input ➢ Public input provided- • Letter of Opposition — Daniel J. Dura (3122 W 32nd St) • Letter of Opposition — Kristina & Ronald Turnis (3142 W 32nd St) • Letter of Opposition — Nicole Jackson (3210 W 32nd St) • Letter of Opposition — Richard & Genevieve Voss (3160 W 32nd St) • Letter of Opposition —Joan & Ronald Heitzman (3152 W 32nd St) • Letter of Opposition — Constance & Vern Klein (3063 W 32nd St) Zoning Advisory Commission Recommendation The Zoning Advisory Commission motioned to recommend approval of the rezoning request as presented. With a vote of 0 ayes to 5 nays, the Zoning Advisory Commission is recommending the City Council deny the rezoning request. Letters of opposition were submitted by the owners of twenty percent (20%) or more of the property which is located within two hundred feet (200') of the exterior boundaries of the property being considered for rezoning. A super majority vote is needed for the City Council to approve the request. Applicant Request to Remand to ZAC The applicant has submitted a letter requesting that the Council remand the rezoning request back to the Zoning Advisory Commission for consideration of a conditional rezoning. If remanded back to the property owners would rezoning. Zoning Advisory be renotified of Commission, the the conditional QUESTIONS? City Council Members, After reviewing the comments from the Zoning Advisory Commission and engaging in conversations with City staff, we respectfully request that our rezoning application be remanded back to the Commission for consideration as a conditional rezoning. This step would provide us the opportunity to: • Present a revised request to conditionally rezone the property specifically for use as a real estate office. • Share a proposed site layout for the Commission's consideration. • Provide additional market data and site information supporting the proposed use. We would greatly appreciate the chance to continue this dialogue with the Commission before any action is taken at the City Council level. Kind regards, Sherry Ehrlich Page 405 of 579 Subject: Rezoning Application -Loeffelholz Lot Dear You may have recently received —or will soon receive —a notice from the City regarding a rezoning application for the Loeffelholz lot, located at the beginning of the bike/walking path. You may recognize this property as the site of a long-standing garden. My name is Sherry Ehrlich. I currently have an accepted offer on this property, contingent upon its successful rezoning to OR - Office/Residential. My daughter Ava and I are the owners of Eleven I Eleven Realty, a small, family -run real estate company. We are not affiliated with large franchises like ReMax, Exit, Keller Williams, Coldwell Banker, or Century 21. Our vision has always been to create a warm, welcoming office space that reflects our values and serves as a long-term home for our business. This lot would be the perfect fit. We're excited about the possibility of building somethingthat reflects who we are and what we do —something we can be proud of. To provide full transparency: our offer was originally a backup. The primary offer was from a party seeking R-4 Multi -Family Residential zoning. We recently became the primary offer after that party asked for more time to prepare for the zoning meeting. If our OR- Office/Residential zoning request is denied, it's possible the original party may reapply for R-4 Multi -Family Residential zoning. We're reaching out to share our vision and invite your support, should you have a preference. We believe that a small, owner -occupied office space —professional, low -impact, and thoughtfully designed — would be a more appropriate and beneficial fit for this location than high -density residential development. Additionally, the existing R-1 Single -Family Residential zoning presents challenges due to the lot's location. With the bike/walking path running closely along two sides of the property, a future homeowner may have concerns about privacy and safety. In contrast, this unique settingwould work well for a quiet office, offering visibility without intrusion. Ava and I are committed to being respectful, thoughtful neighbors. We've waited many years for the right opportunity to build something of our own. This would be more than just an office —it would be a legacy project for our family and our future. If you have any questions or would like to talk further, I would be happy to connect. My contact information is below. Kind regards, t.. 563-583-1111 0 Sherry(cb1111 realty.house Page 406 of 579 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: 08/08/2025 and for which the charge is 29.78 Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this 8th day of August, 2025 Notary P 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 18th day of August, 2025, at 6:30 p.m., in the Historic Federal Building, 350 W. 6th Street, 2nd floor, Dubuque, Iowa, on the following: REZONINGS Request from Sherry Ehrlich to rezone property located at West 32nd St. PIN 1016227007 from R-1 Single -Family Residential to OR Office Residential zoning district. 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 City Council agenda will be posted the Friday before the meeting and will contain public input options. The agenda can be accessed at https://dubuqueia.portal.civicclerk.com/ or by contacting the City Clerk's Office at 563-589-4100, ctyclerk@cityofdubuque.org. Written comments on the public hearing may be submitted to the City Clerk's Office by email at ctyclerk@cityofdubuque.org or by mail to City Hall, 50 W. 13th St., Dubuque, IA 52001, before the scheduled hearing. The City Council will review all written comments at the time of the hearing. Documents related to the public hearing 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 requiring special assistance should contact the City Clerk's Office 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 8/8