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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: $4rJG Received by: Date: Docket: 1597 Delhi Subject property: Grand River Grandview/Delhi 1597 Delhi Medical Roundabout Hartig DB&T 520 Stewart r, I. j-r - residence z M1 VIVO 4 2 vacant parcels ♦� Finley �- -_ ''=- zoned C-2 Hospital �7597 del �u6uyue _ ti � Street View looking north at subject property, July 2019 1597 Delhi ~ r UI1jERSITY pVE ` . UNIVEI5IYAVEA, VE UNIVERSITY AVE UNIVERSITY AVE r• Ar _ Allk LV OPP Mer go* � _ � � � kCD r.r lS• LLJ � .-ti.• � I � �5: r � 94 k DELHI ST 0 y Oblique view of the area with subject property highlighted in blue (March 2020 imagery) 1597 Delhi 1993_10_10 5earch$Dr-1597 del h3•in content Hit 1 of 1 on-hoerci CO[ill) iL':' W'�S furci d� y 27 v v �a 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 `• r 1000 rs99 t� B x0 119 A F F.� 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 me CM ar DUB E 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 me CM ar ud le Area �ront _ N'— Street Midpoint T- Height Shed Roof Mrdpant Height fm Gable or Hip Roof Recklme J77] height Mansard or Gambrel Roof —T M,3hest Level height rlatPoof 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 me CM ar DUB E 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 me CM ar 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 - me CM ar DUB E 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 me CM ar DUB E 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. WA,FJ,l MO M.! I 14- Lot Frontage Street -- Regwredl�ear �' 5etback ' i a PA M qj::: mo — Required F nt ; ' Setback Street Midpoint Height 1 Shed Rooff:: Midpoint rilei Gable or Hip Roof TDecklme Height Mansard or Gambrel Roof Highest Level Height me CM ar ID E —� Dubuque THE CITY OF L \ kv� AIIAmerica Cily Du--B`�-E 1111, 2007-2012.2013 Masterpiece on the Mississippi 2017*2019 Vicinity Map F AgeGRYRO ENNSYLVAN AAVE DODGE S SwgRTFRiq< 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