Request to Rezone Property at 1597 Delhi Street_HearingCity of Dubuque
City Council Meeting
Public Hearings # 3.
Copyrighted
November 15, 2021
ITEM TITLE: Request to Rezone Property at 1597 Delhi Street
SUMMARY: Proof of publication on notice of public hearing to consider City Council
approval of a request from Jeff Adams to rezone property located at
1597 Delhi Street from I D Institutional zoning district to C-2
Neighborhood Shopping Center zoning district, 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 1597 Delhi Street from I D Institutional
District to C-2 Neighborhood Shopping Center District
SUGGESTED Suggested Disposition: Receive and File; Motion B; Motion
DISPOSITION:
/_1AF_[61:ILT, l=1Z1�'3
Description
Type
Staff Memo
Staff Memo
Ordinance
Ordinance
Application
Supporting Documentation
Imagery - 1597 Delhi
Supporting Documentation
Staff Report
Supporting Documentation
C-2 Zoning Regulations
Supporting Documentation
I D Zoning Regulations
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: Jeff Adams
Location: 1597 Delhi Street
Description: To rezone property from ID Institutional zoning district to C-2
Neighborhood Shopping Center zoning district
Dear Mayor and City Council Members:
The City of Dubuque Zoning Advisory Commission has reviewed the above -cited
request. The application, staff report and related materials are attached for your review.
Discussion
Robin Scalise, a representative of the property owner, Unity Point Health Finley
Hospital, spoke in favor of the request. She stated they are seeking to sell the property,
as it has been vacant for about 10 years and the rezoning is part of the negotiated sale.
Staff reviewed the staff report, noting the property's history and various zoning
designations over the decades, including previous designation as a commercial
property. Staff discussed the nature of the C-2 district.
There was one public comment seeking to know more about the nature of the potential
business to go into the space and how that might affect other businesses in the
immediate area. The Commission responded that, while it would be nice to know, they
did not have that information about the business, and it was not in their purview.
The Zoning Advisory Commission discussed the request, and wondered whether the
existing building would be utilized, and Ms. Scalise confirmed that was the intention.
She also responded to a question about parking, stating that the potential buyer felt the
existing parking was adequate. Commission members pointed out that the City's site
plan review process would evaluate parking requirements.
Commissioners expressed support for the application, noting that designating this
property as C-2 would fit in well with neighboring C-2 properties.
Service People Integrity Responsibility Innovation Teamwork
The Honorable Mayor and City Council Members
Page 2
Recommendation
By a vote of 7 to 0, the Zoning Advisory Commission recommends that the City Council
approve the request.
A simple majority vote is needed for the City Council to approve the request.
Respectfully submitted,
/ � V/0 &.Z-'
Gam:
Matt Mulligan, Chairperso
Zoning Advisory Commission
Attachments
cc: Finley Hospital, 350 N. Grandview, 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. 41-21
AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF
ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING
HEREINAFTER DESCRIBED PROPERTY LOCATED AT 1597 DELHI STREET FROM
ID INSTITUTIONAL 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 ID Institutional District to C-2 Neighborhood Shopping Center District, to
wit:
Motor Place 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 15th day of November, 2021.
Ila i} ./
Roy D. B , Mayor
Attest:
Adrienne N. Breitfelder, City Clerk
Dubuque
OF
THE CtUB
D E
JUft
III IImn11
II
20U7,2012.2013
2017*2019
Masterpiece on the Mississippi
PLANNING APPLICATION FORM
❑Variance
❑Preliminary Plat
❑Conditional Use Permit
❑Major Final Plat
❑Appeal
❑Minor Final Plat
❑Special Exception
❑Simple Site Plan
❑Limited Setback Waiver
❑Minor Site Plan
ORezoning/PUD/ID
❑Major Site Plan
Please type or print legibly in ink
Property owner(s): Finley Hospital
Address:350 N Grandview
❑Simple Subdivision
❑Text Amendment
❑Temporary Use Permit
❑Annexation
❑Historic Revolving Loan
❑Historic Housing Grant
City of Dubuque
Planning Services Department
Dubuque, IA 52001-4845
Phone:563-589-4210
Fax: 563-589-4221
planning cityofdubuque.org
❑Certificate of Appropriateness
❑Advisory Design Review (Public Projects)
❑Certificate of Economic Non -Viability
❑Historic Designation
❑Demolition
❑Port of Dubuque /Chaplain Schmitt Island
Design Review
815-990-5023
City: Dubuque State: IA Zip: 52001
Fax #: cell #: E-mail: Robin.Scalise@unitypoint.org
Applicant/Agent: Jeff Adams Phone: 563-590-4552
Address:4029 Pennsylvania Ave city: Dubuque State: IA Zip:52002
Fax #: Cell #: 563-590-4552 E-mail: lilremax@gmail.com
Site location/address: 1597 Delhi St Neighborhood Association:
Finley Campus ID District ^ I
Existing zoning: Proposed zoning: C2 District:' V ~ Landmark: ❑ Yes ❑■ No
Legal Description (Sidwell parcel ID# or lot number/block number/subdivision): parcel # 1026214027
Total property (lot) area (square feet or acres): • 14 acres
Describe proposal and reason necessary (attach a letter of explanation, if needed): Currently zoned Finley Campus, while vacant
lots next to it are zoned C2. Proposed buyer needs the building zoned C2 as well.
To rezone property from ID Institutional zoning district to C-2 Neighborhood Shopping Center zoning district.
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 written and graphic materials are attached.
Property Owner(s): Finley Hospital
Applicant/Agent: Jeff Adams
FOR OFFICE USE ONLY — APPLICATION SUBMITTAL CHECKLIST
Date: 10/19/2021
Date: 10/19/2021
Fee: $4rJG Received by: Date: Docket:
1597 Delhi
Subject property:
Grand River
Grandview/Delhi
1597 Delhi
Medical
Roundabout
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520 Stewart
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Street View looking north at subject property, July 2019
1597 Delhi
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Oblique view of the area with subject property highlighted in blue (March 2020 imagery)
1597 Delhi
1993_10_10
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on-hoerci CO[ill) iL':' W'�S furci d� y 27 v v
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1597 Delhi
(Across From
the Finley
Hospital)
319-557-1004
C� 1'atulat�i�n�
f��uMED
HOME HEALTH GAFFE AND UNIFtOR S
New 6000 sq. ft. Facility * retail Showroom
* Women's Health Center
Mastectomy Boutique * in -House Repair and service area
Conveniently located near Finley. Mercy, Dubuque internal Medicine
Medical Associates and Physicians clinics.
DuMED offers Liftchairs, 3 wheel electric scooters, adjustable beds, career apparel and. uniforms. Also a full line ct
hospital equipment for home use, oxygen, beds, wheel chairs, and bethroom safety equipment. Dumed includes a
variety of €ndustria€ back belt, sports medicine braces, d€abetic equipment and supplies.
DuMED s protessionai stall has over 100+ years Health Care experience. Your horse care professional alnce 1972.
HOME CARE PROFESSIONAL?'
1993 advertisement for the opening of DuMed home health care and uniform store
1597 Delhi
UNIVERSITY AVE
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1950 Sanborn map showing the area in its previous residential identity
REZONING STAFF REPORT Zoning Agenda: November 3, 2021
Property Address: 1597 Delhi St
Property Owner: Finley Hospital
Applicant: Jeff Adams
Description: To rezone property from ID Institutional zoning district to C-2
Neighborhood Shopping Center zoning district.
Proposed Land Use: Neighborhood Shopping Center Proposed Zoning: C-2
Existing Land Use: Institutional Existing Zoning: ID
Adjacent Land Use: North
— Two -Family Residential Adjacent Zoning: North —
R-2
East —
Neighborhood Shopping Center East —
C-2
South
— Institutional South
— ID
West —
Neighborhood Shopping Center West —
C-2
Former Zoning: Pre-1975 — L.B. (Local Business) and Residential (Prior to L.B.)
1975 — C-1 Local Service Commercial
1985 — C-2 Neighborhood Shopping Center
Total Area: 6,021 square feet
Property History: The structure on the subject property was built in 1993. It was zoned
Institutional at the time, as this property was home to DuMed, a business providing home
health care products and medical uniforms. In 1985, it was zoned C-2, in 1975 it was
zoned C-1, and before 1975, it was zoned L.B. (Local Business). Before that, it was zoned
residential, and a single-family home occupied this property.
Physical Characteristics: The subject property is L-shaped and has a parcel area of
6,021 square feet with a frontage of 64' along Delhi Street and approximately 105' of
frontage along Stewart Street. The existing structure has two stories and a basement,
each with an area of 2,217 square feet. The lot slopes down approximately 10' from the
front along Delhi to the rear.
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 Commercial.
Rezoning Staff Report — 1597 Delhi St 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 Delhi Street and Stewart Street right-of-ways. Gas and electric
utilities should be sufficient for a commercial business at this location.
Traffic Patterns/Counts: The Iowa Department of Transportation classifies Delhi Street
as a local street and does not conduct traffic counts here. The nearest segments of North
Grandview Avenue and University Avenue had Average Annual Daily Traffic of 6,800 and
7,000 trips, respectively. The amount of traffic generated by a commercial business at
this location would have a marginal impact on the overall traffic volume here.
Public Services: Public services are adequate to serve the site regardless of how it may
be redeveloped.
Environment: The property's impact on the environment would vary depending on
whether the existing structure, parking lot, and layout are maintained or whether the
property is redeveloped with a new structure. Keeping the site as -is would have minimal
environmental impact aside from the use of utilities for the building. If the structure were
to be demolished to make way for a new building, then the applicant would be required
to obtain a Site Plan approval through the development review process prior to any
improvements on the property. Site plans are reviewed by all relevant departments
regarding access, parking, screening, paving, stormwater management, water
connection, sanitary sewer connection, and fire safety. Effects on the environment would
be mitigated or controlled through appropriate site development.
Adjacent Properties: The lot is located directly across Delhi Street from Finley Hospital
and is currently part of Finley's Institutional district. It is across Stewart Street from a
Dubuque Bank & Trust branch, which is zoned C-2. To the east are two vacant parcels
zoned C-2. To the north is one single-family home zoned R-2, the final residential property
on this block. This block was originally entirely residential. Rezoning this property to C-2
would revert it to a previous zoning and would create a connection between the two
vacant C-2 parcels to the east and the larger C-2 zone to the west. As this property is
currently vacant, any business that occupies this parcel will generate more activity.
CIP Investments: None proposed.
Staff Analysis: The applicant proposes to rezone a portion of the ID Institutional district
to C-2 Neighborhood Shopping Center. The subject parcel is L-shaped and has an area
of 6,021 square feet. There is an existing structure on the site that has a footprint of 2,217
square feet and has two stories and a basement. This parcel is in a mixed -use area with
institutional, commercial, and residential uses.
The existing structure was constructed in 1993 and provided sales of home health care
products and medical uniforms and became part of the Institutional zoning district
Rezoning Staff Report — 1597 Delhi St Page 3
developed around Finley Hospital. The structure has been vacant for several years
following the closure of the DuMed business.
Prior to DuMed, several commercial office -type uses operated out of the residential
structure that had been on the property previously. These included a realtor's office,
doctor's office, and accounting and bookkeeping office. Records indicate these
commercial uses began to operate in the mid-1970s following zoning changes to allow
commercial in what had previously been a residential district.
The preamble to the C-2 Neighborhood Shopping Center district states "the C-2 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 residential purpose
and character of the surrounding neighborhoods." There are 21 Principal Permitted Uses
in the C-2 district. The list of uses is attached.
A business may be operated at the property within the existing structure. Alternatively, if
the structure were to be demolished to make way for a new building and/or business, then
the applicant would be required to obtain an approved Site Plan through the development
review process prior to any improvements on the property. Site plans are reviewed by all
relevant departments regarding access, parking, screening, paving, stormwater
management, water connection, sanitary sewer connection, and fire safety. Effects on the
environment would be mitigated through appropriate site design and development.
Staff recommends the Commission review the criteria established in Chapter 9 of the
Unified Development Code regarding granting a rezoning.
Pre ared b : Reviewed:Z�-Iz
Y p Date: 10/25/2021
Section 2-Land Use Regulations Chapter 5: Zoning Districts
5-11 C-2 Neighborhood Shopping Center
I Lx' .j The C-2 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, or 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
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 or 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 C-2 District, subject to the provi-
sions of Section 8-5:
1. Animal hospital or clinic
n
2. Carwash, self-service
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
Temporary 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
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Section 2—Land Use Regulations
5-11.6 Signs
Signs shall be regulated in conformance with the provisions of Chapter 15.
5-11.7 Bulk Regulations
— 1 —
a street
Chapter 5: Zoning Districts
I` VW+ m aeumng a residential or omce-residential aisinct, a zu taatside sewam is required. I�
I' When abuttinm a residential or office -residential district a 20 %t rear setback is reouired.
-- ----------------
Lot Area
pert]'
Lot Width
Lot Frontage
Street
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Midpoint
T- Height
Shed Roof
Mrdpant
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Gable or Hip Roof
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J77] height
Mansard or Gambrel Roof
—T M,3hest Level
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Section 2—Land Use Regulations
Chapter 5: Zoning Districts
5-22 ID Institutional
The City Council finds that several factors distinguish institutions from other land use
activities. The most significant feature of institutions is their tendency to function as sub-
stantially separate communities within the City. They maintain a large and definable resi-
dent population within a more or less discrete geographical area. Typically, a broad
range of essential living services and facilities are provided by the institutions internally
for both its resident and transitory populations. A second common feature of institutions
is a primary educational, medical, religious, or charitable purpose. This distinguishes
them from commercial nursing homes, hotels, boarding houses, and similar uses.
Hospital The ID Institutional District is intended to address the particular problems and character-
istics of Dubuque's many institutional facilities. It is the intent of this Code that this dis-
trict shall only be applied to facilities possessing the characteristics of an institutional use
set forth in this section.
It is further the intent of this Code that, because of the very substantial impact institution-
al uses may have upon the surrounding community, no expansion of an existing ID Dis-
trict will be permitted except in accordance with the provisions of this section, which
requires a conceptual development plan to be filed and approved prior to institutional
reclassification or substantial on -premises expansions.
5-22.1 Principal Permitted Uses
The following uses are permitted in the ID District, subject to the limitations found in
this Section:
Library
1. Business and secretarial school
2. Classroom, laboratory, lecture hall, auditorium or similar place of institutional as-
sembly
3. College or university
4. Existing private use or structure for which the R-3 district standards shall apply
5. Farm, garden, nursery or greenhouse
6. Hospital
7. Library or museum
8. Medical facility and operation for the diagnosis, care, and treatment of human health
disorders, including examination or operating rooms, physical therapy or X-ray facil-
ities, psychiatric treatment, convalescent care, and similar hospital related uses. This
provision shall include separate doctors' clinic, drugstore, or other medical facility
not owned or operated by the principal institution, but only where such facility is
functionally related to the institution and is included within the original institutional
district boundary or the approved preliminary development plan.
Multiple -family
9. Nursing or convalescent home for institutional residents or affiliates
dwelling for
10. Office for administrative personnel or other institutional employees or affiliates
�tional residents
11. Outpatient care facility
12. Place of religious worship or exercise
13. Recreational or athletic facility for the primary use and benefit of institutional resi-
dents or affiliates
14. Residential care facility
15. Seminary
16. Single-, two-, or multiple -family dwelling to house institutional residents or affiliates
17. Vocational school
Vocational school
5-22.2 Conditional Use
The following uses may be permitted in the ID Institutional District, subject to the provi-
sions of Section 8-5:
1. Wind energy conversion system
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Section 2—Land Use Regulations
Chapter 5: Zoning Districts
5-22.3 Accessory Uses
The following uses may be permitted as accessory uses as provided in Section 3-7:
1. All other uses customarily incidental to the principal permitted use in conjunction with which such accessory
use is operated or maintained, but not to include commercial uses outside a principal building
2. As an accessory use to a medical institution, and located entirely within a principal building, a facility for the
compounding, dispensing, or sale of drugs or medicines, prosthetic devices, lotions and preparations, dental
care supplies, eyewear, bandages or dressings, and similar medical or health -related supplies
3. As an accessory use to an educational institution and located entirely within a principal building, bookstore,
or bar seating not more than 75 persons at one time and located not closer than 200 feet from the nearest res-
idential or office -residential district
4. Licensed adult day services
5. Licensed child care center
6. Off-street parking and loading
7. Restaurant or cafeteria; flower shop; gift shop; and candy, cigar, or magazine stand; but only when operated
and located entirely within a principal building
8. Wind turbine (building -mounted)
5-22.4 Procedures for District Establishment, Expansion, and Modification
A. Application and Conceptual Development Plan Submission: Application for district establishment, expan-
sion, or modification of new or existing structures within an established ID district shall be filed, along with
the appropriate filing fee with the Planning Services Department. The application shall be accompanied by a
conceptual development plan including:
1. Written Information:
i. Legal description and address of property;
ii. Name, address and phone number(s) of the property owner(s);
iii. Proposed construction and landscaping schedule indicating the timing and sequence of each devel-
opment activity;
iv. Existing and proposed uses for all buildings or structures;
v. Total area of property and all structures, existing and proposed; and
vi. Present and proposed type and number of parking spaces on the property
2. Graphic Materials:
i. Complete property dimensions;
ii. The location, grade, and dimensions of all present and/or proposed streets or other paved surfaces
and engineering cross sections of proposed new curbs and pavement;
iii. Proposed parking and traffic circulation plan, if applicable, showing location and dimensions of
parking stalls, dividers, planters or similar permanent improvements; perimeter screening treatment,
including landscaping, etc.;
iv. Location and dimensions of all buildings or major structures, both proposed and existing, showing
exterior dimensions, number and area of floors, location, number and type of dwelling units, height
of buildings, etc.;
v. Existing and proposed contours of the property taken at regular contour intervals not to exceed five
feet, or two feet if the City Planner determines that greater contour detail is necessary to satisfactori-
ly make the determinations required by this Code;
vi. The general nature, location, and size of all significant existing natural land features, including, but
not limited to, sidewalks or paths, tree or bush masses, all individual trees over six inches in diame-
ter, grassed areas, surface rock and/or soil features, and all springs, streams, or other permanent or
temporary bodies of water; and
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Section 2—Land Use Regulations
Chapter 5: Zoning Districts
vii. A location map or other drawing at appropriate scale showing the general location and relation of the
property to surrounding areas, including, where relevant, the zoning and land use pattern of adjacent
properties, the existing street system in the area, location of nearby public facilities, etc.
B. Commission Hearing: A public hearing shall be held by the Zoning Advisory Commission on the application
and conceptual development plan in the same manner and with the same public notice procedure as required
for zoning classifications.
C. Commission Recommendation: The Zoning Advisory Commission's recommendation shall be transmitted to
the City Council with a statement of reasons in support of the recommendation. If the recommendation is
one of approval, it shall contain recommended conditions or restrictions to be included in an ordinance au-
thorizing the establishment or expansion of the ID District or its uses. The conditions or restrictions shall
include, but not be limited to:
1. Time limitations, if any, for submission of final development plans and commencement of construction.
2. Uses permitted in this district.
3. Lot and bulk and performance standards for the development and operation of the permitted uses.
4. Requirement that any transfer of ownership or lease of property in the district include in the transfer or
lease agreement a provision that the purchaser or lessee acknowledges awareness of the conditions au-
thorizing the establishment of the district.
D. Conceptual Development Plan Approval: The Zoning Advisory Commission shall not approve the conceptu-
al development plan unless and until the commission determines that such plan conforms to each of the fol-
lowing standards:
1. The conceptual development plan is in substantial conformance with adopted comprehensive plans to
guide the future growth and development of Dubuque.
2. Expansions contemplated by the plan are justifiable and reasonable in light of the projected needs of the
institution and the public welfare.
3. The proposed additions or expansions are designed so as to be functionally integrated with the existing
institutional facilities, with due regard to maintenance of safe, efficient, and convenient vehicular and
pedestrian traffic.
4. The proposed additions or expansions of use are permitted in the district and are of a location, size, and
nature such that they are not likely to interfere with the appropriate use and enjoyment of property in
abutting districts.
5. The conceptual development plan will not violate any provision or requirement of this Code.
6. Approval of the conceptual development plan shall be valid for a period of three years, provided that
after the first year, if no final site development plan has been filed, the commission or council may re-
quire the resubmission of a conceptual development plan in conformity with the procedures and stand-
ards of this section.
7. A new or amended conceptual development plan may be filed at any time following council approval.
E. Council action. Upon receiving the recommendation of the Commission, the City Council shall act in the
manner provided by law to approve or disapprove the requested zoning reclassification of the property. The
affirmative vote of at least three -fourths of all the membership of the council shall be necessary to approve
the conceptual development plan when the commission has recommended disapproval thereof, or to remove
any conditions, requirements, or limitations imposed by the commission in approving the conceptual devel-
opment plan.
F. Submission of final site development plan. After passage of the ordinance authorizing the establishment of
an ID Institutional District by the City Council, the applicant shall submit final site development plans to the
City Planner within the period of time, if any, specified in said ordinance. The plans shall include detailed
information as required of a final site plan for adequate consideration of the plans. The City Planner will
judge the final site development plan for its conformance with the approved conceptual development plan,
and if found to be in conformance with said plan, the issuance of building permits shall be permitted. Fol-
lowing approval of the final site development plan, no construction may take place except in substantial con -
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Section 2—Land Use Regulations
Chapter 5: Zoning Districts
formance with such plan. If the project is phased, then each phase would be considered on its own merit and
be evaluated on the specific ordinance requirements establishing the district. The plans shall satisfy the sub-
division regulations and other pertinent City ordinances where applicable.
G. Development according to final site development plan.
1. Site development plan review. No building permit shall be issued on any site unless a site development
plan has been submitted and approved in accordance with the provisions of Chapter 12 and such plan
conforms with the conditions of the adopted conceptual development plan.
2. Construction of improvements or posting of bond. No buildings may be erected and no uses may occupy
any portion of the district until the required related off -site improvements are constructed or appropriate
security as determined by the zoning commission is provided to insure construction. If the institutional
district is to be developed in phases, all improvements necessary to the proper operation and functioning
of each phase even though same may be located outside of the section, must be constructed and in-
stalled, or appropriate security as determined by the zoning commission must be provided to insure their
construction.
H. Changes from plan. After recording of a final site development plan, changes not inconsistent with the pur-
pose or intent of this section may be approved by the Zoning Advisory Commission. Changes affecting the
purpose or intent of this section shall require a new petition to be filed.
5-22.5 Prohibition on Commencement of Use by Parties Unassociated with the Principal Insti-
tution
A. Within an existing ID Institutional District, no principal use other than those provided for in this district may
be commenced by any person(s) except:
1. The principal institution or its agent; or
2. A person under contractual or other legally binding obligation to provide services to such institution
(e.g., the independent operator of a student cafeteria); or
3. The person or persons operating a doctors' clinic or other facility permitted under the principal permitted
uses of this section.
B. The purpose of this provision is to prohibit the commencement of principal uses unrelated to the promotion
of the primary educational, charitable, religious, or medical purpose of the institution, by requiring purchas-
ers of institutional land and/or buildings to seek appropriate reclassification of the property prior to com-
mencement of any noninstitutional use on the premises.
5-22.6 District Standards
The specific ordinance establishing a particular institutional district, or resolutions adopted pursuant thereto,
shall provide standards for the design, development, operation and maintenance of uses and structures. These
standards may include, but are not limited to:
A. Control of operations outside of enclosed buildings.
B. Control of lighting and utilities.
C. Provision of landscaping and protection of natural areas.
D. Control of refuse collection areas.
E. Off-street parking and loading requirements. When parking requirements are not included in the adopting
ordinance establishing the specific ID District, then Chapter 14 shall apply.
F. Control of signage. When signage requirements are not included in the adopting ordinance establishing the
specific ID District, then Chapter 15 shall apply.
5-22.7 Bulk Regulations
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Section 2—Land Use Regulations
Chapter 5: Zoning Districts
_At! uses — — -- 1 20 1 -- 1 10 1 10 ( 120
' When abutting a residential or office -residential disidct, the setback shall be increased by an additional two feet per story
above the first.
;htshaii be measured from the iawestat-grade eie►etion along anrwaii.
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—� Dubuque
THE CITY OF L \ kv�
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2007-2012.2013
Masterpiece on the Mississippi 2017*2019
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City of Dubuque
Applicant: Jeff Adams
Location: 1597 Delhi St
PIN:1026214027
Description: To rezone property from
ID Institutional zoning district to
C-2 Neighborhood Shopping Center
zoning district.
Subject Property
N
0 100 200 400
Feet
1:2, 000
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 18.25
Subscribed to before me, a Notary Pdb1j and for
Dubuque County, Iowa,
this 19th day of November, 2021
Notary li in and for Dubuque County, Iowa.
E
Lco
ANET K. PAPE
i551on IVum Uer1996-9mm, Ezp. DEC 11, 2022
Ad text : OFFICIAL PUBLICATION
ORDINANCE NO. 41-21
AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE
OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING
HEREINAFTER DESCRIBED PROPERTY LOCATED AT 1597 DELHI STREET
FROM ID INSTITUTIONAL 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 ID
Institutional District to C-2 Neighborhood Shopping Center
District, to wit:
Motor Place 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 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