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Rezone 801 Rhomberg Avenue_Hearing Copyrig hted November 16, 2020 City of Dubuque Public Hearings # 2. City Council Meeting ITEM TITLE: Request to Rezone 801 Rhomberg Avenue - Traditional Zoning Request SUM MARY: Proof of publication on notice of public hearing to consider approval of a request from Jeffrey Morton Architects to rezone property at 801 Rhomberg Ave from C-1 Neighborhood Commercial to C-2 Neighborhood Commercial Shopping Center District to allowfor a carryout restaurant, 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 801 Rhomberg Avenue from C-1 Neighborhood Commercial District to C-2 Neighborhood Shopping Center District. SUGGESTED Suggested Disposition: Receive and File; Motion B; MotionA DISPOSITION: ATTACHMENTS: Description Type Commission Letter Staff Memo Application Supporting Documentation Vicinity Map Supporting Documentation Staff Report Supporting Documentation C-1 Neighborhood Zoning Regulations Supporting Documentation C-2 Neighborhood Shopping Center Zoning Supporting Documentation Regulations Ordinance Ordinance Suggested Motion Wording Supporting Documentation Planning Services Department Dubuque City Hall THE CITY OF � 50 West 13t"Street �I;M�n,� Dubuque,IA 52001-4864 �� (563)589-4210 phone , I I I (563)589-4221fax (563)690-6678 TDD �VlasteYpiece on the Mississippi 2017+2019 planning@cityofdubuque.org November 6, 2020 The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 13t" Street Dubuque IA 52001 Applicant: Jeffrey Morton Architects Location: 801 Rhomberg Avenue Description: To rezone property from C-1 Neighborhood Commercial to C-2 Neighborhood Commercial Shopping Center District to allow for a carry- out restaurant. 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 Jeffrey Morton spoke on behalf of Goodtimes Property LLC and Chef Kevin Scharpf. He explained the plan is to develop a restaurant on the subject property. He said that Mr. Scharpf is going to purchase the property, rehabilitate the building, and make improvements to the neighborhood. Staff reviewed the staff report, noting that the property is located in a mixed-use neighborhood characterized by single- and multi-family residential development, a grocery store and restaurant. Staff said that the rezoning would expand the C-2 district across Rhomberg Avenue. Staff noted that redevelopment of a vacant commercial space is generally beneficial to a neighborhood in that it reduces the crime and blight associated with boarded and poorly maintained properties and buildings. Staff also noted that it is possible that redevelopment of the property will increase noise, activity and demand for parking above that generated by a vacant building or some of the uses permitted in the C-1 district. Staff said that on October 22, 2020 the Zoning Board of Adjustment approved a Conditional Use Permit for the carry-out restaurant that limited hours of operation, required additional screening and made approval contingent on the rezoning. There was one public comment. Adjacent property owner, Tina Sheston at 805 Rhomberg Avenue expressed concerns with parking. Service People Integrity Responsibility Innovation Teamwork The Honorable Mayor and City Council Members Page 2 The Zoning Advisory Commission discussed the request with the applicant and resolved the issue of required parking. Commissioners said that they felt that the rezoning was appropriate. Recommendation By a vote of 7 to 0 the Zoning Advisory Commission recommends that the City Council approve the request to rezone the property at 801 Rhomberg Ave. from C-1 Neighborhood Commercial to C-2 Neighborhood Shopping Center to allow for a carry-out restaurant. A simple majority vote is needed for the City Council to approve the request. Respectfully submitted, C� Martha Christ, Vice Chairperson Zoning Advisory Commission Attachments Service People Integrity Responsibility Innovation Teamwork r�iE:c�rn•�3r DUB E c��v oF��b��ue Planning Services Depart�rr�nt Dubuque, IA 52001-4805 Mr��ff'i��i��i'r c�1i Nrr t1�1i•c�,�r��i Phone: 563-589-h210 Fax: 563-589-4221 lannin ci ofdubi� ue.or PLANNING APPLICATIQN FORM ❑Variance ❑Preliminary Plat ❑Simple Subdivision ❑Certificate of Appropriateness ❑Conciitional Use Permit ❑Ma�or Final Plat ❑Text Arnendment ❑Advisory Design Review(Public Rrojects} ❑Appeal ❑Minor Final Plat ❑Temporary Use Permit ❑Certificate of Economic Non-Viabifitv ❑Speeial Exception ❑Simpl�Site Plan ❑Annexatian ❑L�mited Setbacfc Waiver ❑Historic Designation Choose bne ❑Minor Site Plan ❑Historic Revolving Loan ❑Demofition ❑�Rezoning{PUD/ID ❑Major 5ite Plan ❑Historic Housing Grant ❑Port of Dubuque Design Review iease ar rin ! ibl in ' k Property owr�er(s); GOOC�t�t71ES PI'4p�f�y LLC phone: Ad�r�ss: 830 Souti� Grandview Ave. ��ty: Dubuque state; lowa Z�p; 52(}03 FaX #: �e�� #: 563-564-10�7 E-mail: Apa��c��gent: Jeffrey Morton Architecfi Phane: 563-585-0043 Add�e55:206 Bluff StI-eet ��,: Dubuque 5tate: IOWa �€p:J��OQ� FaX�:5�3-585-0952 ��i #:563-451-4246 �-�,a��: jeff@jma.arc�i site�ocationladdress: $O1 RIIOi'1lbEi'g AVB11L1E Neigt�borhood Rssociation; ��A C-1 C-2 NJA Existing zoning: Propased zoning; District: Landmark: ❑Yes � No Legal Description (Sidwell parcel ID# or lot nurnber/block numher/subd'€vision): �Q�348�a22 To�al prope�y(�ot)area (square fee�or acres): �,601 5.f. Describe proposal and reason necessary(attach a letter of explanation, if needed): Requesting rezoning o�the subject property to allow for a n�w carry-out restaurant in a G2 Zane. ote t at an app jcat�on or a on it�ona se ermat �s �ing su mitte concurrent y to a ow or t e new carry-out res#aurant to operate in the -2 is#rict. t is un erstood by t�e appficant t�at t e an i i na use wou e con mgen upon approva o i rezon ng app s a ion y e i y o E _ CERTIFICATION: I/we,the undersigned,do hereby certify/acknowledge that: 1. It is tt�e prapesty owr�er's respansibility ko locate property lines and to review the abstract for easernents and restricti�e covenants. 2. The information submitted herein is true and correct to the best of rny/our knowledge and upon submiltal becomes public record; 3, Fees are not refundable ancf payment does not guarar�tee approval; and 4. Ali additional required written and graphic materials are attached, Property Owner(s); pat�: Applican�lAgent: Date; G� � �'�7 � '� '' � FO�t OFFICE tlS�QNLY—APPLICATIOI�SUBMITTAL CHECItLIST G�}f � F��e: � +�p'�p�cE�iv�=d L'y; --- --- I)�t�: �.`_�Docket: � ----- �__...---� Ck #8060 Check date 9/25/2020 October 9, 2020 Planning/Zoning Department City Hall 50 W 13th St. Dubuque, lA 52001 To Whom It May Concern, Please accept this letter as permission for Kevin Scharf, Gronen Restoration, or leff Morton to apply for a conditional use permit for our property located at 801 Rhomberg Avenue in Dubuque. We also give permission for the above-mentioned parties to apply for rezoning 801 Rhomberg Avenue from C1 to C2. Our business and family has been established in this neighborhood for over seventy years.We are committed to strengthening our neighborhood by supporting our neighbors and continuing to invest in our residential and small business properties.We believe the proposed zoning changes will greatly benefit this as a whole. Thank you for your consideration and support. Best Regards, f '-� �i(/l�l/�_ Jeff&Ann Cremer Goodtimes Properties, LLC. . ¢-��- �, " .� `� • -._ �rT•��7 . . y V � f � { �f'�'� � � �!� M w ' �'-�-:�+ _ , ' 4..il�r=j, .'7QZ3 � ,,r � _- ^ ' ��•. . . — ��d I`` '� �r�� 1 � . •�:�'�� `' • � .�� . .. �-+ �� . �`�:� � �3 - ��; �� ,,� � . ` ' - ` �� ti w. • �*� .� - � � � . r. #� , -, r }� � , , � E, �J,�� ,` -�,�, �' � � � , � r�{ " �' ,�. . �• _ - f � �� s�, ° -:_�,'`�,`' � . . ` ` � � - � � - V. : � - ' �,.,,� ' � �r_: ...� . 1 �• , i�. • � � r,.T� �:�_� .9 �� r Q. 1 �')..� � �� `a�*. . � . � �� '� "_ # � Q��'r-�� 1s�-��• � ` �t<� � ' i� � .�a R�A . � � • '_ �� r 1. w. f • � t. 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'_ q . � :.:, . „ .. \ �, �� `� ��C"� C-2� � `i � ' � Applicant: Jeffrey Morton,Architect � / r j•�� ;� ;r �` � �.` /��. r � �,.. , ,,_� ,� ,c� �, !� �' j ��•�1 �� ,�' ;� Location: 801 Rhomberg Ave ' �, . � � �� p'� �� , k. , .. � %' � � � `, ��A � € Proposal: To rezone the property from �� ,,� �� i � C � < � � � � � � �. �• f��, °�, � C-1 Neighborhood Commercial s�� , �. . ��'� f� " � � to G2 Neighborhood Shopping � �� ` ; �� • � �� ;''��- ��"�' Center to allow for a carry-out �° , � _� ��',t ��'`�,, ..� _.�� i �� . restaurant. _4 R�:Y #^.. F�.y.n V�'}� y�,,, /� �. �'R. '.�� /� �,� '� �� `a,s';.� �:f �: � I \ ` �� . .� R"��,,i°��1� � y�; �'� �' �� Subject Property ' ,, " / n; t� ��'� � ''�:. " f,. % . ,�� -� \ � „ . �; /' �,t �,� �' , < �� \_ �� "� R-1 � �� . , , i, ,; � � ` "� \: �� '�j�� ' � � � .,� � r � ,� �'� � �� ,�� DISCLAIMER:This information was compiled using the � �� ,�� `�" �� a�. -�`� �K . ` .� �� Dubuque Area Geographic Information System(DAGIS),which �C` , / � ��. ' includes data created by both the City of Dubuque and N � � �' � � / Dubuque County. It is understood that,while the City of '�� °t � ��+� �.��- ��.�"-�� ;�,�' � ��'�� %� Dubuque and partiapating agenaes utilized the most current � r. A � ' ` � .'�� , � . �� . � �� " � and accurate information available DAGIS and its suppliers do 1 [ / r �i �� .$ � _ '�k? l �. "% not warrant the accurecy or currency of the information or data "��, B, ��, "'0, � � �/� '. � contained herein The City and partiapating agenaes shall not ! s � R� '� �-.�, F�; ' � be held liable for any direct indirect inadental consequential, 0 50 100 200 ��' � �° � �`' , I�i � unitive or s eaal dama es,whether foreseeable or � > ' ��:f� �'1°: . �'� � P P 9 i �; r� _ �� _ � �� ,�zd � ,. �� unforeseeable ansing out of the authonzed or unauthorized �:�,�� Feet , �, � � � �� use of this data or the inability to use this data or out of any � � r•` • r.�,,�W `�.?-,,�� +�, , ?� ,� ,/�;' breachofwarrantywhatsoever. _ `�� REZONING STAFF REPORT Zoning Agenda: November 4, 2020 Property Address: 801 Rhomberg Avenue Property Owner: Goodtimes Property, LLC Applicant: Jeffrey Morton Proposed Land Use: Restaurant Proposed Zoning: C-2 Existing Land Use: Vacant Existing Zoning: C-1 Adjacent Land Use: North — Residential Adjacent Zoning: North — R-2A East — Commercial East— C-2 South — Commercial-Residential South — C-1 West — Residential West— R-2A Former Zoning: 1934 — Business 1985 — C-1 Total Area: 5,700 square feet Property History: The subject property was subdivided circa 1895 as a part of the original Dreibelbis Addition and a commercial building constructed on the site in 1922. The building was converted to a filling station in 1934 and served as such until 1968. The building was remodeled in 1994 and has served most recently as a medical office. Physical Characteristics: The subject property is an approximately 5,700 square foot level corner lot located at the intersection of Rhomberg Avenue and Stafford Street. The property accommodates and approximately 1,000 square foot single-story commercial building and associated parking area. Access to the property can be taken from both streets. Concurrence with Comprehensive Plan: The Comprehensive Plan goals promote infill and mixed-use commercial and residential development. The goals also recommend buffering non-compatible uses from each other. The City's 2030 Future Land Use Plan identifies this area as commercial. Impact of Request on: Utilities: The building is adequately served by both City water and sanitary sewer. Traffic Patterns/Counts: lowa Department of Transportation traffic counts indicate over 7,000 vehicle trips per day along Rhomberg Avenue just south of the subject property and just over 5,000 vehicle trips per day along the cross street, Farley Street, several blocks north of the subject property. Generally, the commercial uses permitted on this small commercial lot should have little overall impact on traffic volume. Rezoning Staff Report— 801 Rhomberg Avenue Page 2 Public Services: Public services are adequate to serve the site regardless of how it may be redeveloped. Environment: Staff does not anticipate any adverse impact to the environment as the site is almost fully developed and any food service business will have to comply with health regulations regarding waste management and fats, oil and grease disposal. Adjacent Properties: Redevelopment of the current subject building for any of the commercial uses permitted in the C-2 district may potentially increase vehicular and pedestrian traffic, demand on available on-street parking, and the noise and activity typical of a commercial development of this scale. However, there are many uses allowed in the C-1 district that may produce similar impacts. The size of the property, building and available parking will limit the type and intensity of potential commercial uses. CIP Investments: None proposed. Staff Analysis: The applicant proposes to rezone property from C-1 Neighborhood Commercial district to C-2 Neighborhood Shopping Center district to enable the commercial building to be redeveloped for a carry-out restaurant. The property is in a mixed-use neighborhood characterized by single- and multi-family residential development, a grocery store and restaurant. The rezoning would expand the C-2 district across Rhomberg Avenue. There is some overlap in the 21 uses permitted in the C-2 district and the 16 uses permitted in the C-1 district. Generally, redevelopment of a vacant commercial space is beneficial to a neighborhood in that it reduces the crime and blight associated with boarded and poorly maintained properties and buildings. It is possible that redevelopment of the property will increase noise, activity and demand for parking above that generated by a vacant building or some of the uses permitted in the C-1 district. However, a carry-out restaurant in a C-2 district requires that a Conditional Use Permit be reviewed and approved by the Zoning Board of Adjustment. The Board is charged with reviewing the specific use proposed and to gage its potential impact on the surrounding properties. On October 22, 2020, the Board reviewed and approved the applicant's request to permit a carry-out restaurant at this location contingent on approval of a rezoning. The Board conditioned approval requiring that the restaurant close by 10:00 PM, there be no drive-thru service, that the parking area be screened to shield vehicle lights from adjacent residential properties, and that approval be contingent on rezoning from C-1 to C-2 Staff recommends the Commission review the criteria established in Chapter 9 of the Unified Development Code regarding granting a rezoning. Prepared by: �jl,t.1�1 I--r2Wt,eV�,Wa1�1 Reviewe : � ate: 10/28/2020 Section 2-Land Use Regulations Chapter 5: Zoning Districts .. .: - ,,�'<;�: 5-10 C-1 Neighborhood Commercial `�"'`��'�� ' �� The G1 District is intended to be established on a very limited basis, to provide individ- .��:s._. �_.�:.'=• �� =� : - �-�_.._,_� �': .......... .... �,�;� ual parcels for commercial and residential uses in older buildings in the City's estab- .� , �� lished neighborhoods, while maintaining neighborhood character and fostering opportu- � � ��--�� - nities for affordable housing. �. . � 5-10.1 Principal Permitted Uses Grocery store The following uses are permitted in the C-1 District: 1. Bakery(retail only) 2. Barber or beauty shop 3. Flower shop, garden store, or commercial greenhouse 4. General office _- 5. Grocery or drug store (maximum 3,500 square feet) __ -- , ��--'� 6. Laundromat 7. Multiple-family dwelling (maximum six dwelling units) �� , 8. Place of religious exercise or assembly _ _ _ � 9. Railroad or public or quasi-public utility, including substation �� 10. Retail sales and service I �� 11. School of private instruction „„; ,.� �� 12. Shoe repair l 3. Single-family detached dwelling 14. Townhouse (maximum six dwelling units) �, �� 15. Two-family dwelling(duplex) " 16. Licensed child care center School of dance 5-10.2 Conditional Uses The following conditional uses may be permitted in the G1 District, subject to the provi- sions of Section 8-5: 1. Gas station(not including service station) 2. Indoor restaurant - � 3. Licensed adult day services 4. Medical office ' S. Wind energy conversion system � ; ;i c�.,�i- �'^ 5-10.3 Accessory Uses � � � ��`�`� The following uses may be permitted as accessory uses as provided in Section 3-7: ��I 1. Any use customarily incidental and subardinate to the principal use it serves i� 2. Wind turbine (building-mounted) ��a �� - - _ -. - 5-10.4 Temporary Uses Medical office Temporary uses sha11 be regulated in conformance with the provisions of Section 3-19. 5-10.5 Parking Minimum parking requirements shall be regulated in conformance with the provisions of Chapter 14. �h`�� Y�, 5-10.6 Signs � �.��. �� Signs shall be regulated in conformance with the provisions of Chapter 15. � r ' � �� p k�.,, � Licensed child care center i'i[l�:C'1'f]'C�F ' ' Du8 E Section 2—Land Use Regulations Chapter 5: Zoning Districts 5-10.7 Bulk Regulations - �_« . . . . - .- - � �� - �� - � r.�- � - .�- - � � . - . '' �� " " Ail Uses — — — i0' — — — 3Q 't�nimum 20 feet Unr aaraaes iaana a street 2 WF�en abul�r�g a residential Qrolfic�-residen6al disfric�a sixfoot side setbadc is required. 3 W�en alaui�g a resi�entiaf or affiae-residen6al distric�a Z4 i�ot rear set6adc is required. 5-10.8 Standards for Nonresidential Uses The following standards shall apply to all nonresidential permitted and conditional uses in the C-1 District: A. The use shall be established in an existing structure that was designed for public, quasi-public, commercial, office, institutional, or industrial use. B. The structure was never converted to a residential use after the effective date of this section. C. The use shall be conducted entirely within the structure. D. There sha11 be no outdoor storage of equipment or materials on the property or adjacent public right-of-way. E. All vehicles in excess of two,used in conjunction with the use shall be stored within a building when they remain on the property overnight or during periods of nonuse,unless an alternate parking location is provid- ed in a properly zoned area. �--.-� --------------� �--��--------- � — M�dpo�nt �',�` Lot Area y�� ---- ��r fleEght �.�.i ry l �irs � perty - �ud le Area 5hed I�oof , � I Midpo�n� �r ,4,. — � — � � — � ' _ � 11e,ght � ' � � � ' — °1 ' — � Gable ar fiip Ronf � � , � -u — � — ,, a = — } Deckhne � � � � � �'' � F�eight �� , � � ; Require_d_--- _ ' ' �� ' �ront � ManSard or Garribrel Roof i � H � L ' � � Lot Width�� 5etback � �; t Fiighe5t i.e�el �� I 'ti'�`• � _ __ _ __ ------ - -- - -- - - --- ----- • �Lot FronCage� � He+ght 5treet 5treet � of niL rm or Uu8 f E ' Section 2-Land Use Regulations Chapter 5: Zoning Districts -- 5-ll C-2 Neighborhood Shopping Center �_�"��`�'�� The G2 District is intended to ensure that the size of the commercial center, the nature of uses permitted and the locational characteristics are such that the grouping of such uses will not adversely affect surrounding residences and do not detract from the residen- _ �, . tial purpose and character of the surrounding neighborhoods. . � � �. 5-11.1 Principal Permitted Uses � �� .. �� ' �� The following uses are permitted in the C-2 District: � �� 1. Appliance sales or service -�,�.�� - - -- Drycleaner 2. Artist studio 3. Automated gas station 4. Bank, savings and loan, ar credit union 5. Barber or beauty shop 6. Furniture upholstery or repair 7. Furniture or home furnishing sales 8. Gas station 9. General office 10. Indoor restaurant .,;� �� = -,; 11. Laundry, dry cleaner, or laundromat �' t �� -' 12. Medical office �.�'�"�� 13. Neighborhood shopping center �� -__.�--= 14. Photographic studio � 15. Place of religious exercise or assembly Retail sales 16. Public or private parks, golf course, or similar natural recreation areas and service 17. Railroad ar public or quasi-public utility,including substation 18. Residential use above the first floor only 19. Retail sales and service 20. School of private instruction 21. Licensed child care center 5-11.2 Conditional Uses �� The following conditional uses may be permitted in the G2 District, subject to the provi- '�� "� • sions of Section 8-5: ' . � L Animal hospital or clinic �I �'111� �� _�' 2. Carwash, self-service ��"�.;�-'�'_�,�d� -� 3. Licensed adult day services 4. Passenger transfer facility Animal hospital 5. Pet daycare or grooming 6. Restaurant, drive-in or carryout 7. Tattoo parlor 8. Wind energy conversion systems 5-11.3 Accessory Uses The following uses are permitted as accessory uses as provided in Section 3-7: 1. Any use customarily incidental and subordinate to the principal use it serves ,.'.;_;. __ • 2. Wind turbine (building-mounted) . ' � 5-11.4 Temporary Uses � � . , � Tcmporary uses shall be regulated in conformance with the provisions of Section 3-19. . . ' � 5-11.5 Parking �'�� Minimum parking requirements shall be regulated in conformance with the provisions of . ..:,;;. Passenger transfer Chapter 14. facility , 1'i[l:Cl'f]'C�F ' ' Du8 E Section 2—Land Use Regulations Chapter 5: Zoning Districts 5-ll.6 Signs Signs shall be regulated in conformance with the provisions of Chapter 15. 5-11.7 Bulk Regulations -��. . . . - . � . ..� ..� . - . - .- - - � r.�- � - .►- - � - - .� . - '. r -- - � -- -- -- Afi Uses — — — 10 — — — 3(f � _� J I�tinimum 20 fiBetior garages fadng a street VYhert abe�ttirtg a residentisl or affioe-tssiden�al districl,a 20 iaatside seibadc is requir+ed. When ab�#fing a residentia(or a�it�e-rssidenfiai disbict,a 2D i�t rear sel6adc is required. - --------------- � •--- - ----------------- � t Midpoint �,, � --� Lat Area �,,�� ' �� Heigh t � — P�perty —� �uild� le Area 5hed Roaf � — ; _ � Midpoint � � � — � — He�c�hE .� — � ' — n— — Gable or 11ip f�oaF � � _ ; � _ n — — Decklme J— — i i — — t 1 I � ""� � � �� . � he�ght � 1 -- ----- --- ' I�e uired ,,,r � �------- � ,� ''°� w�, r,.,r Front � ManSard or Gambrel Koof � � • ` � � � ;. Lat Width�� 5etback � �'' � r '----'------------ - --wv�; 1 1lighe5t Level -______ ______J . , I . �Lot Fronfage� 1leiyht 5treet 5treet Flat oof niL rm or Uu8 f E ' ' Prepared by: Wally Wernimont, City Planner Address: City Hall, 50 W. 13th St Telephone: 563-589-4210 Return to: Adrienne Breitfelder, Cites Address: City Hall, 50 W. 13th St Telephone: 563-589-4121 ORDINANCE NO. 43-20 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 801 RHOMBERG AVENUE FROM C-1 NEIGHBORHOOD COMMERCIAL DISTRICT TO C-2 NEIGHBORHOOD SHOPPING CENTER DISTRICT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is hereby amended by reclassifying the hereinafter —described property from C-1 Neighborhood Commercial District to C-2 Neighborhood Shopping Center District, to wit: The Southeasterly 95.53 feet of Lot 17 and the Southeasterly 95.53 feet of Lot 3 of the Subdivision of Lot 18, both in "Dreibelbis Addition, Dubuque" in the City of Dubuque, Iowa, according to the recorded Plat thereof; 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 16th day, of November, 2020. x, IX. Roy D. uol, Mayor Attest: Adrienne N. Br✓eiitfelder, City Clerk STATE OF IOWA SS: DUBUQUE COUNTY CERTIFICATE OF PUBLICATION I, Kathy Goetzinger, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: 11/06/2020 and for which the charge is 26.44 ------_ Subscribed to before me, a Notary Public Uind for Dubuque County, Iowa, this 6th day of November, 2020 Not ry ublic in and for Dubuque County, Iowa. .,,. $,• aq JAWET K. PAPE Co�r MIS—Slon Number 19SO69 cro• My Comm, E.xp, DEC 11, 2022 Ad text : CITY OF DUBUQUE, IOWA OFFICIAL NOTICE NOTICE is hereby given that the Dubuque City Council will conduct public hearings at a meeting to commence at 6:30 p.m. on Monday, November 16, 2020, conducted virtually on the following: REZONING Request by Jeffrey Morton, Architect, to rezone property at 801 Rhomberg Ave from C-1 Neighborhood Commercial to C-2 Neighborhood Shopping Center to allow for a carry -out restaurant. Due to the ongoing COVID-19 pandemic, the City Council will meet virtually through GoToMeeting. The official agenda will be posted. on Friday, November 13, 2020 and will contain listening, viewing, and public input options. The City Council agenda can be accessed at https://cityofdubuque.novusagenda.com/AgendaPublic/ or by contacting the City Clerk's Office at 563-589-4100, etyclerk@cityofdubuque.org. Copies of supporting documents for the public hearings are on file in the City Clerk's Office, City Hall, 50 W. 13th St., Dubuque, Iowa, and may be viewed during normal working hours. Written comments regarding the above public hearings may be submitted to the City Clerk's Office, 50 W. 13th St., Dubuque, IA 52001, on or before said time of public hearing. At said time and place of public hearings all interested citizens and parties will be given an opportunity to be heard for or against said proposal. Individuals with limited English proficiency, vision, hearing or speech impairments requiring special assistance should contact the City Clerks Office at (563) 589-4100, TDD (563) 690-6678, ctyclerk@cityofdubuque.org as soon as feasible. Deaf or hard -of -hearing individuals can use Relay Iowa by dialing 711 or (800) 735-2942. Adrienne N. Breitfelder City Clerk It 11/6 1.' pornooci r--=snoppmg Center to allow for a the City Council will meet *tuallY.trrough GoToMeeting. The'offi- Cial • agendawill be postedL,von Friday, Viduals can`use ,Relay, F,IQwa by dialing 711. or> (80b) 735-2942 -Adrienne:, ': Breitfelder City Clerki It 11/6 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: 11/20/2020 and for which the charge is 23.64 f� V �,✓ - Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this 20th day of November, 2020 Nota blic in and for Dubuque' County, Iowa. REMM rA C"�rmb�er 159�59DEC 11, 202;2 Ad text : OFFICIAL PUBLICATION ORDINANCE NO. 43-20 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 801 RHOMBERG AVENUE FROM C-1 NEIGHBORHOOD COMMERCIAL DISTRICT TO C-2 NEIGHBORHOOD SHOPPING CENTER DISTRICT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is hereby amended by reclassifying the hereinafterdescribed property from C-1 Neighborhood Commercial District to C-2 Neighborhood Shopping Center District, to wit: The Southeasterly 95.53 feet of Lot 17 and the Southeasterly 95.53 feet of Lot 3 of the Subdivision of Lot 18, both in "Dreibelbis Addition, Dubuque" in the City of Dubuque, Iowa, according to the recorded Plat thereof; 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 16th day of November, 2020. /s/Roy D. Buol, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 20th day of November 2020. /s/Adrienne N. Breitfelder, City Clerk It 11/20