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Request to Rezone Property at the corner of Peru Road, Louise Street and Monroe Avenue_HearingCity of Dubuque City Council Meeting Public Hearings # 2. Copyrighted November 15, 2021 ITEM TITLE: Request to Rezone Property at the corner of Peru Road, Louise Street and Monroe Avenue SUMMARY: Proof of publication on notice of public hearing to consider City Council approval of a request from Denise Foht to rezone property located at the corner of Peru Road, Louise Street and Monroe Avenue from R-1 Single -Family Residential zoning district to R-3 Moderate Density Multi - Family Residential zoning district to accommodate an off -premise residential garage, and Zoning Advisory Commission recommending approval. ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying Lot 1 - 1 Evelyn Tharp Place Located at the corner of Peru Road, Louise Street and Monroe Avenue from R-1 Single -Family Residential District to R-3 Moderate Density Multi -Family Residential Zoning District SUGGESTED Suggested Disposition: Receive and File; Motion B; Motion DISPOSITION: ATTACHMENTS: Description Type Staff Memo Staff Memo Ordinance Ordinance Application Supporting Documentation Staff Report Supporting Documentation R-1 District Regs Supporting Documentation R-3 District Regs Supporting Documentation Vicinity Map Supporting Documentation Planning Services Department City Hall 50 West 13t" Street Dubuque, IA 52001-4864 (563) 589-4210 phone (563) 589-4221 fax (563) 690-6678 TDD planning@cityof dubuque.org THE COF DiU!B E Masterpiece on the Mississippi The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 131" Street Dubuque IA 52001 Dubuque 2007,2012.2013 2017*2019 November 9, 2021 Applicant: Denise Foht Location: Corner of Peru Road, Louise Street and Monroe Avenue Parcels 1012376010 and 1012376013 Description: To rezone property from R-1 Single -Family Residential zoning district to R-3 Moderate Density Multi -Family Residential zoning district to accommodate an off -premise residential garage 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 The applicant, Denise Foht, spoke in favor of the request, noting that the end goal is to construct a residential garage for personal use. Ms. Foht said she owned multiple vehicles and was looking to use the garage to store them. She noted, because of a well, she has limited area to build on her existing property across the street at 723 Peru Road. She noted that the subject property is not currently hers but would clean up the property if she purchases it. Planning Staff detailed the staff report. Staff noted that there had been some confusion about the original nature of Ms. Foht's request. Staff noted that Ms. Foht was initially requesting to rezone to CS Commercial Service to allow a mini -storage facility. After discussion with staff, Ms. Foht's request is now to rezone to R-3, which allows a Conditional Use Permit for an off -premises residential garage. Staff described why R-3 zoning was selected over R-2A. Staff read the conditions for an off -premises garage, including the maximum size of 720 square feet, no outside storage, and that commercial use of any kind is prohibited. Staff noted that the Zoning Board of Adjustment approved a conditional use permit to allow a 720 sq ft off -premises garage. Staff noted at the same meeting, the Zoning Board of Adjustment denied Ms. Foht's Special Exception request to build a larger 1,800 square foot garage. Service People Integrity Responsibility Innovation Teamwork The Honorable Mayor and City Council Members Page 2 There were several public comments opposing the rezoning, noting issues with the current condition of the property, the proposed size of the garage, and the other potential future uses of the property once rezoned to R-3. The Zoning Advisory Commission discussed the request, and determined that rather than rezoning both parcels to R-3, the Commission only rezone the smaller, southern parcel, as that is where the garage would be constructed. They found that rezoning Lot 1 of 1 of Evelyn Tharp Place would be appropriate. Recommendation By a vote of 7 to 0, the Zoning Advisory Commission recommends that the City Council rezone to approve rezoning Lot 1 of 1 of Evelyn Tharp Place from R-1 Single -Family Residential zoning district to R-3 Moderate Density Multi -Family Residential zoning district to accommodate an off -premises residential garage as submitted. A simple majority vote is needed for the City Council to approve the request. Respectfully submitted, Matt Mulligan, Chairperson Zoning Advisory Commission Attachments cc: James Foht, 2428 Windsor Ave., Dubuque, IA 52001 Service People Integrity Responsibility Innovation Teamwork Prepared by: Wally Wernimont, City Planner Address: City Hall, 50 W. 13th St Telephone: 563-589-4210 Return to: Adrienne Breitfelder, City Clerk Address: City Hall, 50 W. 1311 St Telephone: 563-589-4121 ORDINANCE NO. 40-21 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING LOT 1 - 1 EVELYN THARP PLACE LOCATED AT THE CORNER OF PERU ROAD, LOUISE STREET AND MONROE AVENUE FROM R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT TO R-3 MODERATE DENSITY MULTI -FAMILY RESIDENTIAL ZONING DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is hereby amended by reclassifying the hereinafter —described property from R-1 Single -Family Residential District to R-3 Moderate Density Multi - Family Residential Zoning District, to wit: Lot 1 - 1 Evelyn Tharp Place, 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 November, 2021. Roy D. Buo, Mayor Attest: Adrienne N. Breitfelder, City Clerk City of Dubuque Dubuque Planning Services Department 7HFcrrY or r 1 ..,.r.,4 eri,;�aih Dubuque, IA 52001-481c, DUi $E, 1l11►Phone: 563-589-4210 i [ 1 Fax: 563-589-4221 3°O7'2012 1 nni ci fdubu ue.or Masterpiece on the Mississippi :o,,.,al, PLANNING APPLICATION FORM ❑Variance ❑Preliminary Plat ❑Simple Subdivision ❑Certificate of Appropriateness []Conditional Use Permit ❑Major Final Plat ❑Text Amendment ❑Advisory Design Review (Public Projects) ❑Appeal ❑Minor Final Plat ❑Temporary use Permit ❑Certificate of Economic Non -Viability []Special Exception ❑Simple Site Plan ❑Annexation ❑Historic Designation ❑Limited Setback Waiver ❑Minor Site Plan ❑Historic Revolving Loan []Demolition Pezoning/PUD/ID ❑Major Site Plan []Historic Housing Grant ❑Port of Dubuque /Chaplain Schmitt Island Design Review Please tvoe or print lenibiv in ink Property owner(s):�_�j(V�C'_t'- Phone: 5to - qq5 - 7 (WE Address: � � Sny- l T �� City: Db l,P° State: J Zip: Fax #: Cell #: 5Cj 3- 4 M - 714 -E-mail: Applicant/Agent: I irl 1 sL Phone: 50 ` 2 ; a3 L - Address: 12 3 P? f i. ,J City:g [Ahuq_LIC State:2L—Zip: 15z)? Fax #: Cell #: 2 3)' E-mail: Site location/address: .191� L--1E5k:t> Neighborhood Association: Pic> Existing zoning: I�+1 Proposed zoning:6-6 District: A) Landmark: ❑ Yes X No Legal Description (Sidwell parcel ID# or lot number/block number/subdivision):ID.- iZ ',' Total property (lot) area (square feet or acres): #IL ,4z=r=.s ib r iz Describe proposal and reason necessary (attach a letter of explanation, if needed): To rezone property from R-1 Single -Family Residential to R-3 Moderate Density Multi - Family designation to allow an off -premises residential garage. CERTIFICATION: I/we, the undersigned, do hereby certify/acknowledge that: 1. It is the property owner's responsibility to locate property lines and to review the abstract for easements and restrictive covenants. 2. The information submitted herein is true and correct to the best of my/our knowledge and upon submittal becomes public record; 3. Fees are not refundable and payment does not guarantee approval; and 4. All additional required writte d graphic materialsj_ro attached. Property Owner(s): Date: ,---'Applicant/Agent: Date: 8-2- 21 FOR OFFICE USE ONLY - APPLICATION SUBMITTAL CHECKLIST an p Fee: Received by:Date: Z - `-'Docket: c4L -i+ L�zg4 REZONING STAFF REPORT Zoning Agenda: November 3, 2021 Property Address: Corner of Peru Road, Louise Street, and Monroe Avenue Parcels 1012376010 and 1012376013 Property Owner: James Foht Applicant: Denise Foht Proposed Land Use: Off -Premise Residential Garage Existing Land Use: Residential / Vacant Adjacent Land Use: North — Residential Former Zoning Total Area East — Residential South — Residential West — Residential Pre-1979 — County 1979 — R-2 1985 — R-1 76 Acres Proposed Zoning: R-3 Existing Zoning: R-1 Adjacent Zoning: North — R-1 East — R-1 South — R-1 ILUTZ& :45i1 Property History: The subject property was located in the County prior to 1979. It was zoned R-2 at the time of annexation in 1979 and was rezoned to R-1 in 1983. According to a historical image, the property had a residence and garage associated with it in 1950. The residence later burned, and the property has been vacant aside from the detached garage/shed that was left behind. Physical Characteristics: The subject property is comprised of two parcels which are relatively level, totaling .76-acres at the intersection of Peru Road, Louise Street, and Monroe Avenue in a mixed -use but primarily residential neighborhood. The property has a small area along the Peru Road frontage that is in a flood plain. The lot accommodates an approximately 180 square foot single -story garage/shed. The property has limited access along Monroe Avenue as there are one or two intervening lots along almost the entire western side of the property. Concurrence with Comprehensive Plan: The Comprehensive Plan goals promote infill and mixed -use development. The goals also recommend buffering non -compatible uses from each other. The City's Future Land Use Plan identifies this area as Park and Open Space. Rezoning Staff Report — Corner of Peru Rd, Louise St, and Monroe Ave Page 2 Impact of Request on: Utilities: The area is adequately served by both City water and sanitary sewer. There are mains for each in the Monroe Avenue right-of-way. Traffic Patterns/Counts: 2017 Iowa Department of Transportation traffic counts indicate over 6,800 vehicle trips per day along Peru Road just east of the subject property. There are no traffic counts available for Louise Street and Monroe Avenue. The amount of traffic generated by the uses permitted in the R-3 district should have a limited impact on the overall traffic volume along the adjacent roadways. Public Services: Public services are adequate to serve the site regardless of how it may be redeveloped. Environment: The property is currently almost entirely vacant green space. The property may be impacted to some degree by any expanded use of the property. However, with proper site plan development and site management, the environment should not be negatively impacted. The applicant would be required to have an approved Site Plan and work with all relevant City departments for approval on any improvements on the property. Site plans are reviewed by all relevant departments regarding access, screening, paving, stormwater management, water connection, sanitary sewer connection, and fire safety. Adjacent Properties: Rezoning the subject property for a number of residential uses permitted in the R-3 district should have a limited impact on noise, activity and vehicular and pedestrian traffic in excess of any of the uses permitted in the R-1 district. However, use as an off -premise residential garage in particular, should have a negligible impact on neighboring properties. CIP Investments: None proposed. Staff Analysis: The applicant proposes to rezone two parcels totaling approximately .76-acres adjacent to Peru Road from R-1 Single -Family Residential zoning district to R-3 Moderate Density Multi -Family Residential zoning district in order to request a Conditional Use Permit for an off -premise residential garage. Currently, the lots accommodate a 180-square foot single - story shed/garage and is otherwise open green space. The property is located in a mixed - use area with adjacent residential uses that are bracketed to the north by a C-3 district along Peru Rd and by an LI district to the southwest. Although the property is adjacent to Peru Road, it is physically separated by a waterway. The nearest access to cross the waterway is a bridge on Monroe Street just south of the property. The applicant's stated use is for an off -premises residential garage which is permitted in the R-3 district through a Conditional Use Permit and is a relatively low -intensity use. The Rezoning Staff Report — Corner of Peru Rd, Louise St, and Monroe Ave Page 3 Unified Development Code permits, with a Conditional Use Permit (CUP), an off -premise residential garage provided it is in the R-2A, R-3, R-4, and OR District and in accordance with the following conditions: A. Such use shall be incidental and subordinate to a permitted residential use and located on a lot within three hundred feet (300) of the residential use it serves; B. Such use shall be owned and maintained by the property owner of the residential use it serves; C. Such use shall be designed, constructed and maintained in harmony with the residential setting in which it is located; D. No such use shall exceed seven hundred twenty (720) square feet of floor area per dwelling unit served, or have a height in excess of fifteen feet (15); E. No commercial storage, sales or home -based business shall be permitted within such structure; F. No outside storage shall be permitted in conjunction with such use; and G. A site plan shall be submitted and approved as provided in chapter 12 of this title. The R-1 district permits 8 different residential uses and the R-3 district permits 11 different residential uses. The R-3 district permits three increased density residential uses that are not permitted in the R-1 district i.e. Two-family dwelling, Townhouse (maximum 6 dwelling units) and Multi -family dwelling (maximum 6 dwelling units). Overall height restrictions are consistent between R-1 and R-3, at 30' maximum height, and those districts have the same 20' front yard setback. The R-3 district is A site plan and development review is required for anything more than 2 units or for sites that require water and/or sanitary sewer connection. Rezoning the subject property for a number of residential uses permitted in the R-3 district should have a limited impact on noise, activity, and vehicular and pedestrian traffic in excess of any of the uses permitted in the R-1 district. Additionally, use as an off -premise residential garage in particular, should have a negligible impact on neighboring properties. The applicant would be required to have an approved Site Plan prior to any improvements on the property. Site plans are reviewed by all relevant departments regarding access, screening, paving, stormwater management, water connection, sanitary sewer connection and fire safety. Additionally, property access is somewhat limited along Monroe Avenue. A rezoning to Commercial Service was reviewed at the September ZAC meeting and was tabled due to a shift in the nature of the request. The applicant was primarily interested in a personal garage as opposed to using the property as commercial mini storage. At that meeting, neighbors were opposed to a commercial service rezoning. Staff also received comments from the public at the initial rezoning request regarding traffic safety concerns, particularly for the east bound traffic taking a left turn into the Rezoning Staff Report — Corner of Peru Rd, Louise St, and Monroe Ave Page 4 property. That concern may be relevant for this rezoning as well. No comments have been received regarding the rezoning to R-3. Staff recommends the Commission review the criteria established in Chapter 9 of the Unified Development Code regarding granting a rezoning. Prepared by:,�eview Date: 10/20/2021 Section 2-Land Use Regulations Chapter 5: Zoning Districts Single-family detached dwelling Place of religious exercise Accessory dwelling unit 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. 5-2.1 Principal Permitted Uses The following uses are permitted in the R-1 District: 1. Cemetery, mausoleum, or columbarium 2. Place of religious exercise or assembly 3. Public or private parks, golf course, or similar natural recreation areas 4. Public, private or parochial school approved by the State of Iowa (K-12) 5. Railroad or public or quasi -public utility, including substation 6. Single-family detached dwelling 7. Community Gardens 5-2.2 Conditional Uses The following conditional uses may be permitted in the R-1 District, subject to the provi- sions of Section 8-5: 1. Accessory dwelling unit 2. Bed and breakfast home 3. Keeping of horses or ponies 4. Licensed adult day services 5. Licensed child care center 6. Mortuary, funeral home, or crematorium 7. Off street parking 8. Tour home 9. Tourist home 10. Wind energy conversion system 5-2.3 Accessory Uses The following uses are permitted as accessory uses as provided in Section 3-7: 1. Detached garage 2. Fence 3. Garage sale; no more than three per calendar year or three consecutive days per sale 4. Home -based business 5. Noncommercial garden, greenhouse or nursery 6. Off street parking and storage of vehicles 7. Satellite receiving dish 8. Solar collector 9. Sport, recreation, or outdoor cooking equipment 10. Storage building 11. Tennis court, swimming pool or similar permanent facility 12. Wind turbine (building -mounted) 13. The keeping of hens for egg production. 14. Solar Collector (freestanding array[s] are limited to not more than 100 aggregate square feet and 10 feet in height). 5-2.4 Temporary Uses Temporary uses shall be regulated in conformance with the provisions of Section 3-19. 5-2.5 Parking Licensed child Minimum parking requirements shall be regulated in conformance with the provisions of care center Chapter 14. THE CM Or Section 2—Land Use Regulations Chapter 5: Zoning Districts 5-2.6 Signs Signs shall be regulated in conformance with the provisions of Chapter 15. 5-2.7 Bulk Regulations * See Section 3-17 for adjustment of minimum front yard setbacks. Kin Lot Min Lot Max Lot Setbacks Max Residential -a Frontage (square Cmerage f Front (feet) Min Side Min Rear Height Permrffed Uses Place of religious exercise or 20-000 100 40 20 — 20 20 75' assembly, School I. - Single-family detached dwelling 5,000 50 40 20 50 6 20 30 Cnndifiona/ Uses Bed and breakfast home 5,000 50 40 20 50 B 20 30 Licensed adult day services, 5,000 50 40 20 — 5 20 30 Licensed child care confer Nbrtuary,funeral home or 20r= 100 40 20 — 20 20 30 cremabrium Mey be eroded to a height not exceeding 75 fleet argvided thatsuch buildings shall orcMde at leastane additional float of yard space on all sides for each additional iaot bywhich such building exceeds the maramum height limitof the district in %which i# is ksrafi -d -- ----------- Property Lane Lot Area ' ' O ` Lot Width ' - � C Lot Frontage Street �egwredRear -' Set tick Buildable Area �� a,: 7�� a3 ;.. -------------- ----- Required Front Setback Street T Midpoint Height j Shed Roof Midpoint Height Gable or hip Roof Deckline Height M_ an5ard or Gambrel Roof Highest Level F-I Height Flat Roof r V cm or Dub E Section 2-Land Use Regulations Chapter 5: Zoning Districts Two-family dwelling Townhouse Off -premises residential garage Noncommercial greenhouse me CM ar 5-5 R-3 Moderate Density Multiple -Family Residential The R-3 District is intended to provide locations for a variety of dwelling types ranging from single-family to low-rise multiple -family dwellings. The R-3 District also serves as a transition between residential and nonresidential districts. 5-5.1 Principal Permitted Uses The following uses are permitted in the R-3 District: 1. Cemetery, mausoleum, or columbarium 2. Multiple -family dwelling (maximum six dwelling units) 3. Place of religious exercise or assembly 4. Public or private parks, golf course, or similar natural recreation areas 5. Public, private, or parochial school approved by the State of Iowa (K-12) 6. Railroad or public or quasi -public utility, including substation 7. Single-family detached dwelling 8. Townhouse (maximum six dwelling units) 9. Two-family dwelling (duplex) 10. Community Gardens 5-5.2 Conditional Uses The following conditional uses may be permitted in the R-3 District, subject to the provi- sions of Section 8-5: 1. Bed and breakfast home 2. Group home 3. Hospice 4. Housing for the elderly or persons with disabilities 5. Individual zero lot line detached dwelling 6. Licensed adult day services 7. Licensed child care center 8. Mortuary, funeral home, or crematorium 9. Nursing or convalescent home 10. Off -premise residential garage 11. Off-street parking 12. Rooming or boarding house 13. Tour home 14. Tourist home 15. Wind energy conversion system 5-5.3 Accessory Uses The following uses are permitted as accessory uses as provided in Section 3-7: 1. Detached garage 2. Fence 3. Garage sale; no more than three per calendar year or three consecutive days per sale 4. Home -based business 5. Noncommercial garden, greenhouse or nursery 6. Off street parking and storage of vehicles 7. Satellite receiving dish 8. Solar collector 9. Sport, recreation, or outdoor cooking equipment 10. Storage building 11. Tennis court, swimming pool or similar permanent facility 12. Wind turbine (building -mounted) 13. The keeping of hens for egg production. 14. Solar Collector (freestanding array[s] are limited to not more than 100 aggregate square feet and 10 feet in height). Section 2—Land Use Regulations Chapter 5: Zoning Districts 5-5.4 Temporary Uses Temporary uses shall be regulated in conformance with the provisions of Section 3-19. 5-5.5 Parking Minimum parking requirements shall be regulated in conformance with the provisions of Chapter 14. 5-5.6 Signs Signs shall be regulated in conformance with the provisions of Chapter 15. 5-5.7 Bulk Regulations * See Section 3-17 for adjustment of minimum front yard setbacks. Perraittsd Lea Min Lot Min Lot feet) (feet) Mulple-faMy (sic du um) 2,OOOA:iu 50 40 20 — 4 20 3d Place of reigma exercise or esserrhllr, sctwol 20,000 100 40 20 — 20 20 75' farm Ietacfred awe" 5,000 50 40 20 1 50 4 20 30 Townhouse (sic du rrsx) 1,6OO/du iBJdu 40 20 — F 41O 2010 30 TW o-farAly dw eling 5,000 50 40 20 50 4 20 30 Iona Rime uses Individual zerolot fne dweing 5,000 50 40 20 50 _100 20 30 Bed and brealrFast Frame 5,000 50 40 20 50 4 20 30 Grouphorns 51000 50 40 20 — 4 20 30 Hosplce 5,000 50 40 20 — 4 20 30 Housing for the eld" or dbabled 20,000 100 40 20 — 20 20 30 Licensed adult day services, Licensed chid care ce�ta slow 50 40 20 — 4 20 40 Martuary, funeral hone or cremato kzn Firsino_ or oonwallascent home 213,000 100 40 20 — 20 20 30 20.000 100 40 20 — 20 20 30 Off -premise resbertal garage — -- — 2D — 4 e 15 F&xwricg or hoardng house 51000 50 40 20 — 4 20 30 ?Any be erected ho a held not exceeding 75 feel, provided that such buFldtr-9 shal provide at Imst one addFllonal fad of yard apace on al sides for each addlbarral foot by which such building exceeds the Frm krum height imt of the district in w hich Rio Dried. w� Lot Perth ------ 0 IZe uired Side Setback � Y M �1 Re wired Side 5etback 0 Midpoint Height 1 5hed Rooff: Midpoint Height Gable or Hip Roof Deekline FieIght Mansard or Gambrel Roof Highest Level Height F—I 4 - Plot Roof me �rrr dr DUS E m�s , SNEFt�OPN�� , Q W 0 R-2c R-2 TCit, of Dubuque, I I _� Dubuque THE CITY OF L � \ lw*I*%l Du__B`�_E I �I I imsty 2007-2012.2013 Masterpiece on the Mississippi 2017*2019 Vicinity Map F AgeGRYRO ENNSYLVAN AAVE DODGE ST S{y 1 City of Dubuque Applicant: Denise Foht Location: Corner of Peru Road, Louise Street, and Monroe Avenue Parcels: 1012376010 and 1012376013 Description: To rezone property from R-1 Single -Family Residential to R-3 Moderate Density Multi -Family Residential designation to accommodate an off -premise residential garage. Subject Property 0 200 400 /nN Feet / V 1:2, 200 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: 11/05/2021 and for which the charge is 37.50 Su scribed to before me, a Not blic in and for Dubuque County, Iowa, this 5th day of November, 2021 \ ` Notary b is in and for Dubuqut County, Iowa. RIME 9659, 2022 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 November, 2021, at 6:30 p.m., in the Historic Federal Building, 350 W. 6th Street, 2nd floor, Dubuque, Iowa, on the following: REZONINGS (3) 1. Request from Dave Frommelt, American Realty, to rezone property located at Bies Drive from C-3c General Commercial zoning district with conditions to PR Planned Residential zoning district to allow for the development of a multi -family residential development. 2. Request from Denise Foht to rezone property located at the corner of Peru Road, Louise Street, and Monroe Avenue from R-1 Single -Family Residential zoning district to R-3 Moderate Density Multi -Family Residential zoning district to accommodate an off -premise residential garage. 3. Request from Jeff Adams to rezone property located at 1597 Delhi Street from ID Institutional zoning district to C-2 Neighborhood Shopping Center 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 agenda will be posted the Friday before the meeting and will contain public input options. The City Council agenda can be accessed at https://cityofdubuque.novusagenda.com/AgendaPublic/ or by contacting the City Clerk's Office at 563-589-4100, ctyclerk@cityofdubuque.org. Written comments regarding the above public hearings may be submitted to the City Clerk's Office via email at ctyclerk@cityofdubuque.org or by mail to City Clerk's Office, City Hall, 50 W. 13th St., Dubuque, IA 52001, before said time of public hearing. At said time and place of public hearings the City Council will receive any written comments. Copies of supporting documents for the public hearings are on file in the City Clerk's Office and may be viewed Monday through Friday between 8:00 a.m. and 5:00 p.m. Individuals with limited English proficiency, vision, hearing, or speech impairments requiring special assistance should contact the City Clerk's Office at (563) 589-4100, 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 11/5 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: 11/19/2021 and for which the charge is 25.32 Subscribed to before me, a Notary Public 1hJd for Dubuque County, Iowa, this 19th day of November, 2021 Notary Pu li in and for Dubuque Co nty, Iowa. Commission Number 199859 - Mly Comm. Exp. DEC 11, 2022 Ad text : OFFICIAL PUBLICATION ORDINANCE NO. 40-21 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING LOT I - 1 EVELYN THARP PLACE LOCATED AT THE CORNER OF PERU ROAD, LOUISE STREET AND MONROE AVENUE FROM R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT TO R-3 MODERATE DENSITY MULTI -FAMILY RESIDENTIAL ZONING DISTRICT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is hereby amended by reclassifying the hereinafterdescribed property from R-1 Single -Family Residential District to R-3 Moderate Density Multi -Family Residential Zoning District, to wit: Lot 1 - 1 Evelyn Tharp Place, 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 November, 2021. /s/Roy D. Buol, Mayor Attest: /s/Adrienne Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 19th day of November, 2021. /s/Adrienne N. Breitfelder, City Clerk It 11/19