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Request to Conditionally Rezone Property at West 32nd StreetCity of Dubuque City Council PUBLIC HEARINGS # 1. Copyrighted September 15, 2025 ITEM TITLE: Request to Conditionally Rezone Property at West 32nd Street SUMMARY: Proof of publication on notice of public hearing to consider a request from Sherry Ehrlich to rezone property at West 32nd Street - PIN 1016227007, from R-1 Single -Family Residential to ORc Office Residential with conditions, and Zoning Advisory Commission recommending approval. ORDINANCE Amending Title 16 Of The City Of Dubuque Code Of Ordinances, Unified Development Code, By Reclassifying Hereinafter Described Property Located At 3185 West 32nd Street (PIN 1016227007) From R-1 Single - Family Residential District To OR Office Residential District With Conditions As Established In The Attached Memorandum Of Agreement SUGGUESTED Receive and File; Motion B; Motion A DISPOSITION: ATTACHMENTS: 1. ZAC Ltr to CC 2. Application 3. Vicinity Map 4. Notification Map 5. Staff Memo - Remanded 6. Applicant Docs 7. Turnis - Public Input_32nd St REZ ORc 8. Heitzman - Public Input_ 32nd St REZ ORc 9. Staff Report - W 32nd St REZ OR 10. Previous Public Input for rezoning from R-1 to OR 11. Site Photos 12. Applicant Ltr To Neighbors 13. R-1 Zoning Regulations 14. OR Zoning Regulations 15. Ordinance w/ MOA 16. Executed Memorandum of Agreement 17. Presentation Page 791 of 1171 Page 792 of 1171 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 September 9, 2025 Applicant- Sherry Ehrlich Location: West 32nd Street -PIN 1016227007 Description: To rezone property from R-1 Single -Family Residential to ORc Office Residential with conditions 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 Pat Norton, Buesing & Associates, 1212 Locust Street, spoke on behalf of the applicants, Sherry and Rick Ehrlich. He recapped the rezoning request review history from the past month. He stated the applicants are seeking to rezone the property to ORc Office Residential with conditions. He noted the lot size is .53 acres, which limits potential development on the site. He described the surrounding zoning districts and stated that ORc would serve as a transition from more intense uses to the north. He listed the allowed uses in the R-1 district and stated that under the proposed ORc district all uses would be removed except general office and single-family dwelling within an existing structure. He stated the owners would like to construct an office building, and that the property could be used for office or single-family residential in the future. Mr. Norton stated that under the current R-1 zoning district, the lot could be split into two lots, each with a single-family residence and an accessory dwelling unit, which is permitted by recent state legislation. He stated this would allow four residential units on the property. He stated this would be a secondary development option, but the applicant's preference is a real estate office. He stated that traffic generated by a realtor's office would be approximately fourteen trips per day, compared to twenty-eight trips from two single-family homes. He stated the applicants spoke with neighbors regarding their plans and reported that neighbors were generally supportive of the general office site plan. The Commission asked about the difference between the three site plan layouts in the packet. Mr. Norton stated that two proposals show possible development under the current R-1 zoning district, which would allow subdivision into two lots with a single-family dwelling and accessory dwelling unit on each lot. He stated the third site plan shows the Service People Integrity Responsibility Innovation Teamwork Page 793 of 1171 The Honorable Mayor and City Council Members Page 2 applicant's desired layout under the ORc zoning district, with a 2,000-2,500 square foot realtor's office designed with a residential appearance on the south elevation and parking and signage on the north. Ron and Joan Heitzman, 3152 West 32nd Street, spoke regarding the proposed rezoning. She stated that Mr. Ehrlich has reached out to members of the neighborhood and she had a chance to speak with him regarding their development goals for the property. She stated that she had hoped to see a single-family residence on the lot with family activities. She said she's alarmed by the new state law on accessory dwelling units and the possibilities it creates for future development. She said of the three options presented by the applicant, she prefers the office site development because it can't be subdivided or have accessory dwellings, and there would be just one driveway. She wondered if the building could be set back to align with neighboring house. She expressed that this request still leans to spot zoning with the Northwest Arterial as a natural divider, so she expressed concern that approval of the conditional rezoning could be the beginning of erosion into the R-1 zoning district. Despite this, she stated that the office site plan remained the most palatable option. She appreciated that there are verbal agreements from the applicants limiting signage and lighting, and for the planting of greenery between the adjacent house. She said she wants to be good neighbors and have a good relationship with the new neighbors. She stated they were in support of the conditional rezoning as presented. Willie Kraus, 3155 West 32nd Street, said he is the next -door neighbor, and said that he is going along with the rezoning because it's better to have one building than two on the property. Vernon Klein, 3063 West 32nd Street, agreed with the comments provided by Mrs. Heitzman. Staff detailed the staff report explaining the history of the request and the remanded direction from the City Council. Staff explained that the applicant has provided additional information for the Commissions consideration including site exhibits and written correspondence, and that the applicant has made an effort to connect with neighbors regarding the rezoning. Staff described the project site characteristics noting the lot size of approximately 23,000 acres. Staff noted the property could be split into two lots based on bulk regulations, which would be a staff level review. Staff noted that access would need to be reviewed/approved by Engineering. Staff explained the proposed ORc district would permit only two principal uses on the property including general office and a single- family dwelling within an existing structure only. Staff explained that this rezoning request did include a revised public notification and that two letters of public input which both appear to support the option with the office to be preferable. Staff displayed the setbacks on the site shown in the proposals and that the neighboring house is set back further than required. The Commission asked if residents of accessory dwelling units have to be related. Staff stated that the state code preempts the city code, and it has no owner occupancy or family requirement, and it increases the size allowance for accessory dwelling units. Service People Integrity Responsibility Innovation Teamwork Page 794 of 1171 The Honorable Mayor and City Council Members Page 3 The Commission asked about when the new law went into effect and if it essentially permits duplexes in single-family districts. Staff replied that it became effective on July 1, 2025 and that the state law does effectively up -zone the R-1 zoning district by allowing more than one residential unit in a single-family residential zoning district. The Commission asked if a lawsuit had challenged the law yet, and Staff stated they are not aware of any at this time. The Commission asked how ADUs were regulated in Dubuque before, and Staff replied that they were allowed with a Conditional Use Permit and had stricter requirements. Staff also noted that accessory dwelling units are still required to meet the building code requirements. The Commission asked about the concept plan requirements for PUDs. Staff replied that PUDs are unique as a concept plan must be provided/approved and that a traditional rezoning, including a conditional rezoning, do not require a concept plan. Staff noted that a single-family residence and duplex or two -unit townhome would not require does not require site plan review, unlike commercial or multi -family residential development containing three or more units. Staff also noted a site plan review would be required for the proposed office building. The Commission discussed the application with one Commissioner expressing mixed feelings about the request. The Commission acknowledged the dialogue and the support from neighbors for the office site layout noting the site plan provides a picture of the development and the onsite parking. The Commission noted the high traffic speeds on 32nd Street and there was general support for the conditional rezoning. Recommendation By a vote of 5-0-1, the Zoning Advisory Commission recommends that the City Council approve the request to rezone property from R-1 Single -Family Residential to ORc Office Residential with conditions. A simple majority vote is needed for the City Council to approve the request. Respectfully submitted, Matthew Mulligan, Chairperson Zoning Advisory Commission 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 795 of 1171 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 796 of 1171 3234, 'r 3246 3240 ■ 3�195 3351 �z �a .1�. INA.t 3301 C-3 3078 H 3058 ,t. m% y 3020 v 3026 -- I ,, 3032 6� 30 ■ 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 n ; .a 1 THE C DUUB--'Q-FE Masterpiece on the Mississippi TO: Zoning Advisory Commission FROM: Shena Moon, Associate Planner DATE: September 3, 2025 Dubuque All -America City 2007-2012.2013 2017*2019 SUBJECT: To rezone property from R-1 Single -Family Residential to ORc Office Residential with conditions. INTRODUCTION This memo provides an update on the rezoning request for the property located at West 32nd Street (PIN 1016227007) and outlines the further action requested by the City Council. DISCUSSION The applicant, Sherry Ehrlich initially submitted a request to rezone the property at West 32nd Street (PIN 1016227007) from R-1 Single -Family Residential to OR Office Residential. That request came before the Zoning Advisory Commission (ZAC) on August 6, 2025. At the meeting, the ZAC reviewed the request, heard public input, deliberated the request, and made recommendation to the City Council to deny the request. The request went before the City Council on August 18, 2025. Prior to that meeting, the applicant submitted a written letter requesting that the rezoning request be remanded back to the Zoning Advisory Commission for consideration of a conditional rezoning for the property. The applicant indicated that this would allow them to prepare additional information for the Commission's consideration in their review of the request. A copy of the applicant's letter is attached. At its meeting on August 18, 2025, the Council received a staff report, heard public input, and discussed sending the request back to the Zoning Advisory Commission to consider a conditional rezoning. The Council also asked staff whether the Commission's review would include an advertising and signage plan for the property. Staff responded that the Commission could take advertising and signage into account. Following this discussion, the Council voted to remand the request to the Zoning Advisory Commission for consideration of a conditional rezoning. Public Input: The applicant has submitted supplemental information for the Commission's consideration. The attached information includes: • Letter from the Seller — Earlyn & Karen Loeffelholz • Map of residential lots available in the area Page 799 of 1171 Staff Memo: West 32nd Street (PIN 1016227007) — Conditional Rezoning Request • Conceptual site plan for office use • Conceptual site plan for two single-family residential lots each containing a residence with home office and an accessory dwelling unit • Conceptual site plan for two single-family residential lots, one containing a residence with home office and an accessory dwelling unit and the other containing a single-family residence with attached accessory dwelling unit • Letter from realtor Jim Dix • Letter from realtor Sherry Ehrlich • Copy of a letter from the applicant to the neighboring property owners • Applicant's letter to City Council requesting the project be remanded to the Commission Prior to the Commission's previous meeting on August 6, 2025 letters of opposition were submitted. Those letters are attached along with the public opposition map. Any new public input received after the publication of this staff report will be provided under separate cover. 3336 _ 6-3 43315 3315 jj15 \ . 3315 3315 by _* *33iu R_1 46 *' 2_3432411 32* � t,0 3'80 *3'9O � 3, o * 3 * u 3�3- * *' 'u 3 z'u o * * R-1 k33g3 3341, 3333 , r �3'S 3301 F Off, r 3210 316o *3L4-' 3* 3* * * *3152 AG *z9z9 * z915 *294 e o rn *3000 *298oz *3250 ,*7 3 1j *''9ii � 3uu z9�g7* 3019 3O�5 * 3B3 QU *3155 * 063 *3023 O '968 pp *3199 * 3150 *316y 3385 31i9 *3078 3389 * *3381 * - 3053 3393 * 337 3087 33* * 34 10cNyro *3380 *3373 30597! 3 57 y 33� * O1 *3390 *3369 *3038 . Subject property and zoning of surrounding area. 3016 *21 11 *�918 *v 1„ * 03- *30'6 *3°'O R-1 3073 7 *j097 3163 343*31 3 *3111 * * 18 3 5 3183 * 'gBOR HILLS * ° *3136 *3u8 *31oz * 08; 3 *3 55 *j190 * 1_, *3154 *30-4S 3063 3030 31o1 3085 3035 * 3155 *3135 *.3115* i G�? OHO 3010 CASTLE WOOO5 �' 3 3 '9 t1'c, * 1110 rri+ 3°90 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. The proposed project may help to meet the Comprehensive Plan K Page 800 of 1171 Staff Memo: West 32nd Street (PIN 1016227007) — Conditional Rezoning Request land use recommendation to create a vibrant environment where residents can live, work, and play within walking and biking distance of their home at opportunity sites throughout the community. STAFF ANALYSIS: The revised request is to rezone the property at West 32nd Street (PIN 1016227007) from R-1 Single -Family Residential to ORc Office Residential with conditions. The subject property is located in an area of the City that has historically been zoned for single-family residential use. The 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. 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 ORc district in the neighborhood and would change the zoning designation for the subject property only. The previous request to OR Office Residential would have allowed for a number of uses including higher density residential and low intensity commercial uses. The applicant is now proposing to rezone the property to ORc Office Residential with conditions. The proposed ORc zoning would allow for just two uses: a general office use and a single- family residential use within an existing structure only. The existing R-1 zoning district allows nine (9) Principal Permitted Uses and the previously proposed OR zoning district could have allowed for twenty (20) Principal Permitted Uses. The revised ORc zoning district would allow for only two (2) Principal Permitted Uses. The chart below provides a side -by -side summary of the Principal Permitted Uses in the existing R-1 and proposed ORc zoning districts. The two (2) uses highlighted in yellow would be the only principally permitted uses in the ORc zoning district. Principal Permitted Uses R-1 Zoning District ORc Zoning District Cemetery, mausoleum, or columbarium. Community gardens. or+i� Golf course. Maternity group home. General office. Parks, public or private, & similar natural recreation areas Place of religious exercise or assembly. Housing fsr tie—eld',ly Gr with persGns rlioohili+ieo Public, private, or parochial school approved by state of Iowa K-12. L ire—ed rhildGare renter. Railroad or public or quasi -public utility, including substation. Maternity group horne. Single-family detached dwelling. 91 Page 801 of 1171 Staff Memo: West 32nd Street (PIN 1016227007) — Conditional Rezoning Request Single- ertwe-family dwelling within an existing structure only. Tr. •,�-vwrmease. Any proposed grading/alteration to the property, or development of a general office' would require an approved site plan which is reviewed through the development review process known as the Development Review Team (DIRT). The DIRT is comprised of multiple City Departments including Engineering, Planning, Water Distribution, Fire, Police, Housing & Community Development, and Leisure Services. Development plans are reviewed by all relevant departments regarding access, parking, grading, screening, paving, park land, stormwater management, water connection, sanitary sewer connection, fire safety, and more. Staff does not expect any adverse effects on the environment as any potential impacts should be mitigated through the review processes above. 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 developed. Environment: The subject property consists of one lot which is currently vacant. Development 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 ' Pursuant to UDC Chapter 12-3, site plan review is required for construction or expansion of any building, structure, or freestanding sign except single-family detached dwellings, duplexes, and townhomes of not more than two units and permitted accessory structures to a single-family dwelling or duplex. LI Page 802 of 1171 Staff Memo: West 32nd Street (PIN 1016227007) — Conditional Rezoning Request 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 ORc district in the neighborhood and would change the zoning designation for the subject property only. The ORc district would allow for two principally permitted uses including general office and a single-family residence within an existing structure only. Additionally, any future redevelopment of the subject property would be subject to site plan review by the City's DIRT. Therefore, it is not anticipated that the proposed rezoning would negatively impact adjacent properties. CIP Investments: None. RECOMMENDATION Planning staff recommends that the Zoning Advisory Commission review the information provided and make a recommendation on the proposed rezoning to the City Council in accordance with Chapter 16-9-5 of the Unified Development Code and the criteria established for granting a zoning reclassification. Attachments 41 Page 803 of 1171 Zoning Advisory Commission September 3, 2025 City of Dubuque Planning Services 13' & Central Dubuque, IA 52001 RE: PID 1016227007 Rezoning Request from R-1 to ORC Dear Chairman Mulligan and Commission Members, As you are well aware, the buyers of the above -mentioned lot requested to have it rezoned from R-1 Single Family Residential to Orc Office Residential with Conditions. During the August meeting, there were several neighbors that objected to the request and the commission followed. We believe that we did not fully provide the facts surrounding our position. We have prepared the following list explaining our thoughts and reasons for why we believe that a revision to the zoning, in this case, is not only warranted, but better for the surrounding community. • History of the Lot. This lot originally was quite a bit larger, between 2 and 3 acres. The Northwest Arterial required a portion of the lot to be taken for right of way for the NW Arterial and the relocation of West 32"d St. This left a remainder of 23,086 sf (0.53 acres), based on the property description on the Dubuque County Beacon web site. • Lot Size. With the decrease in lot size, the original price of the lot is spread out over less area, thus making the cost for a lot of this size out of the range of being feasible for a single-family residence. o Additionally, the lot size will limit the size of the office building and number of vehicles in and out of the site. With a general office building in OS, there is a requirement for off-street parking, based on either the size of the building (1 stall per 400 sf of office) or the number of employees (1 per employee). This greatly limits the uses and size of building that the lot can support. • Surrounding Zoning. The area is R-1, Single Family Residential to the east and south. There is a parcel owned by the City of Dubuque directly to the west that is zoned OS, Office Service. This would allow the city to lease the property to someone for a snack shop, bicycle rental office, or some other use that would benefit from the adjacency to the multi -use trail. The land to the northwest, along W32nd St is zoned C-3, General Commercial. The land to the north is zoned R-3, Moderate Density Multiple Family Residential. The surrounding zoning districts are varied. Page 804 of 1171 o To rezone, there would be two options. ■ OS - Office Service. This option would be an extension of the existing OS district adjacent to the property to the west. OS would allow for a general office but would not allow for residential on the first level of the building. ■ OR - Office Residential. This option would be essentially the same as OS, except it would allow for single family residential as well. ■ Ultimately, OR was chosen as it would keep the residential use open in the future. o Conditions to Rezoning. In either OR or OS, we would gladly accept placing conditions on the property eliminating the uses outside of general office and residential uses. • Transitional Zoning Areas. Good zoning practices generally prefer buffers or transitions from low to high density uses. OS would serve as a transition zoning between the more dense R-3 and C-3 to the north and R-1 to the east and south. Given the mixed zoning of the surrounding properties, we believe this would be considered a transition area respective to the zoning. A revision to Orc would provide more of a gradual transition and buffer for existing homes. • R-1 Single Family Residential Allowed Uses. As the lot is currently zoned R-1, the City's Unified Development Code allows for uses outside of single family residential. These uses include: o Cemetery, mausoleum, or columbarium o Place of religious exercise or assembly o Public or private park (golf course) or natural recreation area o Public, private or parochial school o Railroad or public or quasi -public utility including substation o Single Family detached dwelling o Community Gardens • OR Office Residential Allowed Uses. The City's UDC currently allows for the following uses in and OR district. We have lined out the uses we would agree to have eliminated as a condition of the rezoning request. o General office Page 805 of 1171 o Single or two-family dwelling unit within the existing structure only e--TDvothottae • Accessory Dwelling Units (ADUs). On July 1, 2025, a new law (Senate File 592) went into effect that made it illegal for counties and cities to prohibit ADUs. This now opens the R-1 lots for a main house and an ADU. Cities and counties cannot restrict the buildings from being rental units. This includes both long-term rentals (any income level, including families qualifying for housing vouchers) and short-term rentals (Air BnB). Further, the occupants of an ADU do not have to have a familial, marital, employment, etc. relationship with the owners/residents of the primary home. • Reason to Rezone - UDC. In the City's UDC, There are specific reasons why a particular area can be rezoned. They include: o Original zoning was a mistake o Circumstances and conditions surrounding the property has changed. In this case, we believe that the conditions surrounding the property have changed. The NW Arterial was built, then a multi -use recreational trail constructed immediately adjacent to 2 sides of the lot. The proximity of the trail to the yard makes the building and yard more public than a typical residential lot. Privacy for this lot will be very difficult to achieve, and will require many years of plantings to mature. • Traffic. According to the Institute for Traffic Engineers (ITE) TripGen Web -base app, 111" Ed., The traffic generated from a 2,000 sf general office building would be approximately 14 trips per day. 2 single family homes would generate double that volume of traffic. • Neighborhood Communication Attempts o Prior to the August Zoning Advisory Commission meeting, a letter was sent to the properties within the required public notice boundary. The letter offered Page 806 of 1171 for neighbors with questions to reach out to the applicants. No calls, emails, or communication of any kind was received by the applicant. o The City Council directed the applicant and neighbors to discuss the uses of the property and rezoning request. Following the City Council meeting on August 18th, neighbors, applicants and City Staff rode in the elevator together. At that time, the neighbors were adamant that there was going to be no communication from them and the lot would remain R-1. o It was felt that an open meeting at the site would not be well attended. Instead, the applicant walked through the neighborhood on Wednesday August 27th from 3 to 7pm, knocking on doors to discuss the options individually with the majority of the neighbors. The outcome was generally well received. Overall, the neighbors have a more informed explanation of what the applicant would like vs assumptions. ■ Lack of willingness of the neighbors to communicate has led to several incorrect assumptions and untruths being developed and circulated through the neighborhood. ■ It should be noted that there are people that have signed their petition that are either renters, or who live outside the notification area. Please take this into consideration when reviewing the signatures of the petition. o Should the lot remain zoned R-1, the owners could subdivide the lot with a simple plat of survey. They could then construct a home with a home -based business and an ADU on both lots. These would then be most likely rented as either short or long term. o Proposed Building. The intent for this lot is to construct a building that appears residential on the south side, facing W 32nd St, and to keep the more office oriented features (parking, signage, etc.) on the side facing the NW Arterial. We whole-heartedly believe that the rezoning of the subject property from R-1 to OR Conditional, is the best use and least impactful for the neighborhood both now and well into the future. Thank you for your time and consideration of our request. Sherry Ehrlich Page 807 of 1171 From: karen loeffelholz <pepperdog42@gmail.com> Date: Wed, Aug 27, 2025 at 10:44 AM Subject: Property on W32nd Street To: JimDixRealtor(a gmail.com <JimDixRealtor0Ogmail.com> Hello, I am Karen , Buck's wife. We are the property owners for the subject of this hearing. Since the property was purchased in 1991, the landscape has changed tremendously. What was once a spacious acre nestled in a residential neighborhood has now become a 1\2 acre corner where there is a public walk/bike trail on two sides of the property. The lot is situated lower than the trail, so as being exposed to the public. Those who walk on the trail can look on to the property as they walk along. If a resistance were to be built, there would be no privacy. Hikers/bikers can look into windows, take note of your possessions and possibly notice your daily routines. It would not be suitable for families with young children. Situated on that curve in this high traffic area, children would be at risk of being hit by a car. The speed limit is 25mph at the curve but seldom is observed. I feel that putting an office on the property will not affect the neighborhood. It could be a quiet place considering there would not be many people in and out. As we all know, most businesses do their business online and not in person. After business hours there would be no one there. I cannot see the negative impact on the neighborhood. Sincerely, Earlyn (Buck) and Karen Loeffelholz Page 808 of 1171 Dear Members of the Zoning Board, I am writing on behalf of my client, the owner of the property located at West 32" d St Dubuque, Iowa 52001, to respectfully request you reconsider the recommendation to the City Council to deny the rezoning for our parcel from Residential R1 to Commercial Residential zoning. As a licensed real estate agent representing this property, I understand and respect the board's responsibility to protect the integrity of our neighborhoods while supporting responsible growth. After careful review, I believe there are several compelling reasons why rezoning this property to commercial use would be in the best interest of both the community and the city: 1. Location & Compatibility — The property lies in close proximity to existing commercial activity, making it a natural extension of the surrounding business corridor. Transitioning this parcel would create a more cohesive land use pattern rather than leaving an isolated residential lot. 2. Community Benefit — Rezoning would allow for services and businesses that benefit nearby residents with a professional office. This enhances convenience for the neighborhood and encourages local economic activity. 3. Property Value & Tax Base — Converting this parcel to commercial use would increase its taxable value, thereby generating additional revenue for the city without adding strain on residential infrastructure. 4. Traffic & Infrastructure — Based on preliminary review, the site is capable of handling commercial traffic without undue burden on existing roads. Any development would have to comply with city requirements for parking, safety, and accessibility, as verified by the site plan approval process through the City's Development Review Team. Additionally, when I posted the listing for this lot on Facebook Marketplace, I included the following: Discover the perfect spot for your dream home or investment! This .91-acre residential lot is nestled in a desirable peaceful neighborhood on W 32nd St in Dubuque, Iowa. Conveniently located near schools, parks, and local amenities, this expansive property offers a balance of tranquility and accessibility. This lot provides an incredible opportunity to build the home you've always envisioned. Don't miss the chance to own a piece of Dubuque's charm. Of the comments on that listing, the following were included: #1. I don't think peaceful is living next to a 4 lane. #2. Or an on ramp where all the semi's are making a run to increase speed. #3. Ummm right next to 4 lane 50mph arterial? As you can see, the location of the property can be viewed as either positive or negative. Please take into account that these, and the opinions of the neighbors are subjective, depending on your perspective. While the initial application was not approved, we respectfully ask the board to reconsider the potential economic, practical, and community benefits. Our goal is to promote thoughtful development that serves both residents and businesses in Dubuque. Page 809 of 1171 We are open to any conditions or stipulations the board may feel are necessary to ensure compatibility with the surrounding neighborhood. Thank you for your time, consideration, and dedication to balancing growth with community needs. I look forward to the opportunity to discuss this further and work collaboratively toward a solution. Sincerely, James Dix Re/Max Advantage Realty Jimdixrealtorngmail. com 563-599-5368 Page 810 of 1171 Page 811 of 1171 Page 812 of 1171 Page 813 of 1171 N`N LR!31, r OFFICE CONCEPT W/ ZONING ON BACKGROUND PHOTO 0' 20' 40' 1" = 40' (11"X17") 1" = 20' (22"X34") W 32ND ST. 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[ 113T e I I' �► t. 70 OF see r • 5 D �W��Y i f ARBOR ►j1LL R .I G� CASTLE WOOD; Y • • • • - _ �0� . f`■� % 1 0 �C K y t r "'111 p �. a • • • • _ � .•+' E �G,NARl fSTON�CT i d��, FO f ,��• 4� �� a 7 r i './464 t• O �:�t �lyriw. 13 r� `%tefeflS 5' J s''W <<Q riRliNG)VALLEW.R -11M �;�[lw L P s - - ` r MCmnrl9l P9f{i \. 1ft. _ j 00 .+ DAVID DR . �►� • . l•. • `z tAMR, •1 . 1 ■-. - r g _ D _ ., -=�►• . -+ :: -. D _ _ _ �.��-�iiiit-C,ongrjegational r_ �- ' - R pq _• i of Christ _ -• .� ` Q '* T - .September2, 2025 To: Zoning Advisory Commission Re: Public Hearing - Zoning Change Conditional Proposal Proposal: To rezone property from R-1 Single Family Residential to ORc Office Residential Zoning District with conditions. Property location: West 32"d St. PIN 1016227007 As Residents in the neighborhood and adjacent to the proposed property, i (We) have reviewed the petitioner's three conditional plan/proposals... Date of Signature: -1 - Name(s) of Respondents: Resident of this Address: ►��ll is ��' �� +/. A i W �`-� �� A- 5 2-6o --,)- Page 816 of 1171 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-C Zoning District Property Location: West 2" St. PIN 1016227007 - - - As Residents in the neighborhood and across the street from the proposed property, My husband and I have reviewed the three options shared by Mr. Ehrlich and Sherry Ehrlich as conditional approaches to the lot development. Even though I had hoped to see one single family home with the R1 designation, I can see the Pandora's Box opened as the July 1st legislation addressing Accessory Dwellings was signed into law. 1 do not envy the Commission Members or Planning Staff with having to work with that unrestrained directive. Option A rezoned as ORc would allow for a single structure realtor office for 4 realtors (up from the two realtor original). No accessory buildings or subdivision would be possible with this plan. The lot would not be cluttered with buildings as with plans B and C. Only one drive would be necessary and parking would be at the rear of the lot. The permissive uses for Plan A would be limited to two uses only — office or single family residence thus limiting undesired uses. Yes this process still leans to Spot Zoning and is still the beginnings of business erosion into R1 territory; but it is the most palatable of the three proposal plans. Page 817 of 1171 Other items that we have been assured by the petitioners would be addressed are the limitation of signage/lighting, and the planting of greenery to provide optimal shielding and appearance of the property. We want this to be the beginning of a Win -Win relationship with new neighbors. We are willing to support the rezoning of PIN 1016227007 from R-1 Single _ Family Residential to ORc Office Residential with stated conditions as promised by the petitioners. Date of Signature: S' Name(s) of Respondents: Ay�� Resident Address: / j�, OJ Page 818 of 1171 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 819 of 1171 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 820 of 1171 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 821 of 1171 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 822 of 1171 v obil ri'd I U t - Subject Property 300'FootNotification Boundary Parcel area within 200' = 100,462sq. ft. Property Owner Opposition within ZU0' 42,7b7sq. ft. Letters ofOpposition Percent ofarea opposed: 42,767sq. ft'/1OO,462sq. ft. = 42'6Y6 KX jzn ��3��` \ '1 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 824 of 1171 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 825 of 1171 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: '�� ()J , w �c C01/11�ijereci %c Name(s) of Respondents: Resident Address: D / 0 t_/ e5,)-3Dt, � 5 A. - Page 826 of 1171 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 Richard'Voss 3160 W. 32nd St. Dubuque,IA 52001-1029 Page 827 of 1171 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 830 of 1171 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 831 of 1171 `T t M% YY4r =• �'' - ` •..� _ - _ � -- - --` '- � �� .{ter / a• • � � ro'. -�i �+� •.� � ',Z.. _ _ � f gib-• lieIC.J •sue _ s • L�. - _ ' ►+. �r wo op � ; 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@1111 realty.house Page 834 of 1171 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 835 of 1W1 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 836 of 1f11 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 837 of 1Yf1 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 838 of 1fl1 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 839 of 1i�1 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. 1 V St Telephone: 563-589-4121 ORDINANCE NO. 35 - 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 RESIDENTIAL DISTRICT WITH CONDITIONS AS ESTABLISHED IN THE ATTACHED MEMORANDUM OF AGREEMENT 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 ORc Office Residential District with conditions, 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 15th day of September, 2025. Brad M. CavanaWVayor Attest: Adrienne N. Breitfelder, City Clerk MEMORANDUM OF AGREEMENT Pursuant to the Iowa Code Section 414.5 (2024), and as an express condition of rezoning of the property located at 3185 West 32nd Street (PIN 1016227000) and legally described as: Balance of Lot 2 of Lot 1 of Lot 4, and Lot 2 of Lot 1 of Lot 7, of the North East '/ of Section 16, Township 89 North, Range 2 East of the 5t" P.M., and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. which is the subject of Ordinance No. _:�5 - 25, a copy of which is attached hereto and incorporated herein by reference, the undersigned property owner(s) agree(s) to the following conditions, all of which the property owner(s) further agree(s) are reasonable and are imposed to satisfy public needs which are caused directly by the rezoning: A) Conditions: 1) The Principal Permitted Uses shall be limited to the following: a. General Office. b. Single-family residential within an existing structure only. 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. C) Modifications. Any modifications of this Agreement shall be considered a zoning reclassification and shall be subject to the provisions of the Title 16, Unified Development Code, governing zoning reclassifications. All such modifications must be approved by the City Council of Dubuque, Iowa. D) Recording. A copy of this Agreement shall be recorded 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. 3 9 - 25. E) Construction. This Agreement shall be construed and interpreted as though it were part of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code. F) This Agreement shall be binding upon the undersigned and his/her heirs, successors and assignees. ACCEPTANCE OF ORDINANCE NO. _� 5 - 25 I, Earlyn Loeffelholz, property owner, having read the terms and conditions of the foregoing Ordinance No. 35 - 25 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this /1� day of 2025. By:' Earlyn Loeffelhol State of Iowa ) ss: County of Dubuque ) On this -f day of 20_,Lybefore e, a Notary Public in and for said state, personally appeare EQ��c -e_ �-(f to me known to be the person(s) named in and who executed he foreg ing instrument, and acknowledged that they executed the same as their voluntary act and deed. _ 7 C-Kmtary Public In e State of to a My Commission expires: 6 ("b WSIAL sP TRACY RENEE BLUME z° Y Commission Number 832378 'JFR_ My CR�nnlise Expires low% ��`L_.2 West 32nd Street (PIN 1016227007 To rezone portion of property from R-1 Single -Family Residential to ORc Office Residential with conditions. Presentation to City Council September 15, 2025 C 3 dP 40 32903310� 3270 3280 r111 0 u10 3250 u� 3 22,) 3210 0� A 1= - t 1P Now 3210 32-8 �32� � 3 3058 t3057 DYb" M THE CM OF DUB E 11111r 7007T701b7013 Masterpiece on the Mississippi 2017*2019 Vicinity Map hp A AVE OGUOE 6T Applicant: Sherry Ehrlich Location: West 32nd Street — PIN 1016227007 Type: Rezoning Description: To rezone property from R-1 Single - Family Residential to ORc Office Residential with conditions. Subject Property 0 62.5 125 250 LN Feel / w 1:2,000 32nd Street -PIN 1 Subject Property Properties Notified O200-Foot Notification Boundary .. r Feet 0 50 100 200 so- dim A iL 142 - 31 3,52 3095 3143 3163 s F L 3183 3075 Z w 00 t H1Ll S DR 3078 _ W o _ J t 3058 'nmty 31- Review History • Zoning Advisory Commission 8/6/2025 ■ Request to rezone to OR Office Residential ■ ZAC voted 0-5 to deny the request • City Council 8/18/202-1 ■ Applicant requested to remand the review back to the ZAC ■ Request a conditional rezoning ■ Share site layout options ■ Provide additional market data and site information ■ Council voted to remand the request back to the ZAC • Zoning Advisory Commission 9/3/2025 ■ Request to rezone to ORc Office Residential with conditions ■ ZAC voted 4-0-1 in favor of the request Project Site • Property & Zonin-a Historv- 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 ORc Zoning District Cemetery, mausoleum, or columbarium. Art n�111 lerymuseum. or ibbrap�-. Community gardens. Golf course. Maternity group home. General office. Parks, public or private. & 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. Maternity group horne. Single-family detached dwelling. nffenp Parking MFUGWrE). state of Iowa (K-12-� Registered r--hild development hemie. private Single- sr two-family dwelling within an existing structure only. Pa a 850 of 2 SINGLE FAMILY HOME CONCEPT W/ UTILITIES ON BACKGROUNLVHOTO N` NO� 1 ,� 1 M 1/1 \ 2 SINGLE FAMILY HOME CONCEPT m m \ W/ UTILITIES ON x �.\ BACKGROU OTO 1 "t N t IOfK N11 4MI4 �' •� _ it _-_ _-___� �lrc ice— a 9 ,1 OFFICE CONCEPT W/ UTILITIES ON i Zjlg !I I If o �I f»o�i�ror1 4'�1 � Mlpl �IM23 r 32ND ST. ---------------- lw ` 4:y "' . 1 /2 Public Input Public input provided for ORc request- • Letter of Support for site layout option A (general office) — Kristina & Ronald Turnis (3142 W 32nd St) • Letter of Support for site layout option A (general office) — Joan & Ronald Heitzman (3152 W 32nd St) MEMORANDUM OF AGREEMENT Pursuant to the Iowa Code Section 414.5 (2024), and as an express condition of rezoning of the property located at 3185 West 3211d Street (PIN 1016227000) and legally described as: Balance of Lot 2 of Lot 1 of Lot 4, and Lot 2 of Lot 1 of Lot 7, of the North East % of Section 16, Township 89 North, Range 2 East of the 5.h P.M., and to the centerline of the adjoining public right-of-way. all in the City of Dubuque, Iowa. which is the subject of Ordinance No. - 25, a copy of which is attached hereto and incorporated herein by reference, the undersigned property owner(s) agree(s) to the following conditions, all of which the property owner(s) further agree(s) are reasonable and are imposed to satisfy public needs which are caused directly by the rezoning: A) Conditions: 1) The Principal Permitted Uses shall be limited to the following: a. General Office. b. Single-family residential within an existing structure only- 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. C) modifications. Any modifications of this Agreement shall be considered a zoning reclassification and shall be subject to the provisions of the Title 16, Unified Development Code, governing zoning reclassifications. All such modifications must be approved by the City Council of Dubuque, Iowa D) Recording. A copy of this Agreement shall be recorded 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. - 25. E) Construction. This Agreement shall be construed and interpreted as though it were part of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code. F) This Agreement shall be binding upon the undersigned and hisMer heirs, successors and assignees. Zoning Advisory Commission Recommendation By a vote of 4 to 0 with one abstention, the Commission recommends that the City Council approve the request with conditions. A simple majority vote is needed for the City Council to approve the rezoning. QUESTIONS? STATE OF IOWA SS: DUBUQUE COUNTY CERTIFICATE OF PUBLICATION I, Kathy Goetzinger, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: 09/05/2025 and for which the charge is 44.97 Subscribed to before me, a Notary Pu61ic in and for Dubuque County, Iowa, this 5th day of September, 2025 Notary Pu, -P, Dubuque CouAt Iow a. and for D que y, �PP,AL s JANET K. PAPE o { Commission Number Expires ? — 12111/2025 Jove, Ad text : CITY OF DUBUQUE, IOWA OFFICIAL NOTICE PUBLIC NOTICE is hereby given that the Dubuque City Council will conduct public hearings on the 15th day of September, 2025, 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 Sherry Ehrlich to rezone property at West 32nd Street ? PIN 1016227007 from R-1 Single -Family Residential to ORc Office Residential with conditions. 2. Request from Zoe Zeien to rezone property at 705 Caledonia Place from R-2A Alternate Two -Family Residential to R-3 Moderate Density Multi -Family Residential zoning district. 3. Request from Gregory Williams to rezone property at the Northwest Corner of Key Way and Keystone Drives (PIN 1021408022) from R-2 Two -Family Residential to R-3 Moderate Density Multi -Family Residential zoning district. 4. Request from Frank Washington to rezone property at 2306 Central Avenue from C-2 Neighborhood Shopping Center to C-1 Neighborhood Commercial Zoning district. 5. Request from City of Dubuque to rezone property at 1550 Elm Street (PIN 1024283003) and 411 East 15th Street (PIN 1024283004) from HI Heavy Industrial to C-4 Downtown Commercial 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 Clerks 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 1t 9/5 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: 09/19/2025 and for which the charge is 29.35 sc ' • - . • • - is re me ,a Notary Public in and for Dubuque County, Iowa, this 19th day of September, 2025 Notary u lic in and for Dubuque County, Iowa. OA($ JANET K. PAPE P Commission Number 199659 Z f• My Commission Expires 'OWN 12/11/2025 Ad text : CITY OF DUBUQUE OFFICIAL PUBLICATION ORDINANCE NO. 35 25 SUMMARY THE FOLLOWING DESCRIPTION OF THE ORDINANCE IS A SUMMARY. THE ORDINANCE IN ITS ENTIRETY IS ON FILE IN THE OFFICE OF THE CITY CLERK, 50 W. 13TH STREET, DUBUQUE AND MAY BE VIEWED DURING NORMAL BUSINESS HOURS OF 8:00 AM to 5:00 PM MONDAY TO FRIDAY. 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 RESIDENTIAL DISTRICT WITH CONDITIONS AS ESTABLISHED IN THE ATTACHED MEMORANDUM OF AGREEMENT 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-1 Single -Family Residential District to ORc Office Residential District with conditions, 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 ? 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. [Full amendment text is on file in the Office of the City Clerk]. Section 3. This Ordinance shall take effect immediately upon publication as provided by law. Passed, approved and adopted this 15th day of September, 2025. /s/Brad M. Cavanagh, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 19th day of September, 2025. /s/Adrienne N. Breitfelder, City Clerk 1t 9/19