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Request to Rezone 8005 Seippel Court, Jon KluckPlanning Services Department City Hall 50 West 13th Street Dubuque, IA 52001 -4864 (563) 589 -4210 phone (563) 589 -4221 fax (563) 690 -6678 TDD planning@cityofdubuque.org The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 13th Street Dubuque IA 52001 Dubuque tit THE CITY OF NIAMlericaCiry DUB DT B 11111' 2012 Masterpiece on the Mississippi May 7, 2013 Applicant: Jon Kluck Location: 8005 Seippel Court Description: To rezone existing CS Commercial Service and Wholesale District with conditions to reduce the north side setback from 50 feet to 20 feet. 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, Jon Kluck, spoke in favor of the request, reviewing the history of the established setback. He noted that the adjacent property owner does not object to the proposed change, and provided letters of support. Staff reviewed the staff report, noting the proposed change to the existing memorandum of agreement, and that the current property owner most impacted by the change does not object to the amendment. There were no public comments. The Zoning Advisory Commission discussed the request, noting that the adjacent property owner, while not objecting to the setback change, proposed that storage and exhaust fans be excluded from the north side of the building. Recommendation By a vote of 5 to 0, the Zoning Advisory Commission recommends that the City Council approve the request to reduce the north side setback, subject to the conditions that storage and exhaust fans be excluded from the north side of any future buildings. These conditions are contained in the attached ordinance and memorandum of agreement. A simple majority vote is needed for the City Council to approve the request. A super majority vote is needed for the City Council to amend the recommended conditions. Respectfully submitted, buj- Charles Miller, Chairperson Zoning Advisory Commission Service People Integrity Responsibility Innovation Teamwork THE CITY OF Dub E Masterpiece on the Mississippi ❑ Variance ❑Conditional Use Permit DAppeal ❑ Special Exception ❑ imited Setback Waiver rezoning /PUD /ID Dubuque rdi' 2012 PLANNING APPLICATION FORM ❑ Preliminary Plat ❑ Major Final Plat ['Minor Final Plat ['Simple Site Plan ['Minor Site Plan ❑Major Site Plan Please type or print legibly in ink Property owner(s): Address: Fax #: Applicant /Agent: Phone: Address: City: State: Zip: S2002_ Fax #: JOY 1« Eck. ❑Simple Subdivision ['Text Amendment ['Temporary Use Permit ▪ Annexation ['Historic Revolving Loan ❑ Historic Housing Grant 219(4, 1 k .L ) Or- City: Cell #: S/, 3- S9 / "/( ti$ E -mail: City of Dubuque Planning Services Department Dubuque, IA 52001 -4805 Phone: 563-589-4210 Fax: 563 - 589 -4221 planning @cityofdubuque.orq ❑Certificate of Appropriateness ['Advisory Design Review (Public Projects) ['Certificate of Economic Non - Viability ❑Historic Designation ['Demolition in Conservation Districts ❑Port of Dubuque Design Review Phone: S'o3- S 82- 71-7Z State:D4 Zip: S2 Do 2 d3@ \/- Loo. c Cell #: S-63 - s 9 y- t /e/ E -mail: Site location /address: I\ O? 0 yckioo.cw.r, expo Jr;-- pe c r. Neighborhood Association: NI0 Existing zoning: C_ S Proposed zoning: District: kap Landmark: ❑ Yes gNo Legal Description (Sidwell parcel ID# or lot number /block number /subdivision): Qc? Z 77 — D Z_-8 Total property (lot) area (square feet or acres): (0- 7 1 Qv dr £ 9 Describe proposal and reason necessary (attach a letter of explanation, if needed): To f 7-t 1I &L.1 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): Date: C� /D — Z D/3 Applicant /Agent: Date: FOR OFFICE USE ONLY — APPLICATION SUBMITTAL CHECKLIST Fee: 3.30 Received by: Date: ocket: Seippel Road Commercial Park 8180 Seippel Court Dubuque, IA 52002 Phone (365)557 -3820 Fax (563)583 -8334 April 30, 2013 To whom it may concern I Brian Lammers, the owner of Seippel Road Commercial Park. I agree to JPK Properties using a 20 foot setback rather than the 20% lot depth (or 40 foot) stated on the Memorandum of Agreement for Seippel Road Commercial Park. Best regards, Brian Lammers Seippel House LLC 8180 Seippel Court Dubuque, IA 52002 Phone (365)557 -3820 Fax (563)583 -8334 April 30, 2013 To whom it may concern I Brian Lammers, the owner of Seippel House LLC, located on the north side of JPK Properties building site on Seippel Court. I agree to JPK Properties using a 20 foot setback rather than the 20% lot depth (or 40 foot) stated on the Memorandum of Agreement for Seippel Road Commercial Park. The following conditions apply: there will be no exhaust fans or storage on the north side of the building and JPK Properties will plant trees between the two properties as a natural barrier. Best regards, 8350 RD 8305 Legend DISCLAIMER: TMs IWomnalan urea comgllaa wing the [Dubuque Area Geographic Information Swam (DAGIS). which Includes dole c rotad by bath IM Gly of Dubuque and Oubuque County. etc uMentood that Wale :ha Gly of Ovaaqua and puradpating agencies udaaad lM mmr current onC accurate Intefmmtcn amble. DAGIS and Its supplier. co not warlord the accuracy or gummy of the Information or data contained Mrwn. The GY and participating agendas shell nal be held liable for airy dire, Iedlm#. Incidental. consequen �a, ardor punitive. or spedal damages, whciheadaresecob aul uldonr.reable. maim, out of the etthttlsed or unaulMrscd use of basUala or the ama whInagli ti G to e Vas date out of arty ch breawana ataoaear. Subject Property - 8005 Seippel Court Property Owners required to be notified 0 200' Notification Boundary REZONING STAFF REPORT Zoning Agenda: May 1, 2013 Property Address: Property Owner: Applicant: 8005 Seippel Ct. Jon Kluck Same Proposed Land Use: Commercial Service Existing Land Use: Vacant Adjacent Land Use: North — Residential Adjacent Zoning: East — Vacant/Agricultural South — Vacant West — Vacant Former Zoning: 1934 — County AG 1975 — County AG 1985 — County M -1 with conditions Proposed Zoning: CS(c) Existing Zoning: CS(c) North —Cty R -2 /Co R -1 East — AG South — CS West — CS Total Area: 1.54 acres Property History: The property had been vacant or under agricultural production until its annexation in 2003. Subsequently, the property has been rezoned to R -2 Two - Family Residential District, then to CS Commercial Service District with conditions, and the property has been subdivided and graded. Physical Characteristics: The subject property is an approximately 1.5 acre parcel with approximately 205 feet of frontage along Seippel Road and 315 of frontage along Seippel Court. The lot has been graded and is relatively level. Concurrence with Comprehensive Plan: The subject request involves Comprehensive Plan Land Use Element Goals: 1.5, 1.8, 3.1, and 3.4, and Economic Development Goals: 3.2, 8.1, and 8.3. Impact of Request on: Utilities: City water is available to the site and is adequate to serve the proposed development. City sanitary sewer is not available to the site or the adjacent commercial service and residential developments to the north and west. The subject property and adjacent properties in this commercial subdivision are served by a communal septic system that has been reviewed and approved by the County Health Department. This subdivision will eventually be connected to City of Dubuque sanitary sewer. Rezoning Staff Report — 8005 Seippel Ct. Page 2 Traffic Patterns /Counts: The 2009 IDOT average daily traffic counts indicate 1,630 vehicle trips per day along Seippel Road south of the subject property and 4,130 vehicle trips per day on Seippel Road north of the subject property. Staff anticipates that with the development of the Dubuque Industrial Center South and reconfiguration of the street system that will include the Southwest Arterial, these counts may change. Public Services: Existing public services are adequate to serve the property. Environment: Staff does not anticipate any adverse impact to the environment provided adequate erosion control is provided during all phases of development of the property, and adequate storm water control is reviewed by the City Engineering Department. This development currently has comprehensive storm water detention that serves all of the lots within the subdivision. Adjacent Properties: The proposed rezoning from the current CS(c) to CS(c) will only change one aspect of the bulk standards for the subject property. The applicant's request is to eliminate the condition placed on the original rezoning requiring that any buildings on the subject property be set back 20% of the lot depth (50 feet) from the residentially zoned property to the north. If approved, and the condition eliminated, buildings could be built to the standard CS district setback of 20 feet. This would allow commercial structures to be placed 30 feet closer to the residentially zoned property to the north. As is true in all CS districts that abut residentially zoned property, all commercial buildings at this location would have to be screened from the adjacent residential property as per site plan requirements. CIP Investments: None proposed. Staff Analysis: The subject property is approximately 1.6 acres in area, with frontage along both Seippel Road and Seippel Court. The subject property is part of the Seippel Court commercial subdivision with five additional lots that are zoned CS located to the west and south. The subject property is located across Seippel Road from a large agricultural field that has recently been rezoned to AG and a mini - storage facility, and is south of residentially zoned and developed property along Old Highway Road. There are both vacant and commercially developed lots within the Seippel Court subdivision, both south and west of the subject property and the subject property shares adjacency with a single family residence and two, two -unit townhomes. The applicant is requesting to rezone the subject property from CS(c) to CS(c) with the intent of eliminating one of the conditions originally placed on the property in 2007. The applicant is requesting to remove the condition that structures on this lot be located 20% lot depth, or 50 feet, from the north property line, which is coincidental with the residentially -zoned properties in both the City and County located along Old Highway Road. This would enable the applicant to default to the current CS setback from Rezoning Staff Report — 8005 Seippel Ct. Page 3 residentially -zoned property, which is 20 feet. Therefore, if approved, the applicant could place buildings 30 feet closer to the north property line and more fully utilize the property as per standard CS district regulations. When the CS rezoning was initially approved in 2007, the condition that all buildings be placed back 50 feet from the property line was offered by the developer to address concerns expressed by the property owner at 12653 Seippel Road. The property at 12653 Seippel Road has subsequently changed hands and Dubuque County records indicate that it is now owned by the original developer of the Seippel Court Subdivision. That developer has recently sold the subject property to the applicant and the applicant is asking to waive the original requirement. The other condition placed on the property as part of the original 2007 rezoning eliminated seven uses from the list of permitted uses in a CS district. Those uses were: (1) auto repair /body shop; (2) truck sales /service repair; (3) freight transfer facility; (4) fuel /ice dealers and manufacturing; (5) engine /motor sales, service and repair; (6) refrigerator equipment and supply, sales and service; and (7) animal hospital /clinic and kennels. If the applicant's request is approved, these conditions will remain. A copy of the original 2007 CS Commercial Service and Wholesale District with conditions regulations is attached to this staff report. Staff recommends the Commission review the criteria established in Article 9.5 of the Unified Development Code regarding zoning reclassification. Prepared by: 0Audo,vie Reviewed: ate: y-,.? y /3 Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St Telephone: 589 -4210 Return to: Kevin Firnstahl, City Clerk Address: City Hall- 50 W. 13`x' St Telephone: 589 -4121 ORDINANCE NO. 23 -13 AN ORDINANCE AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES, TITLE 16, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 8005 SEIPPEL COURT FROM PLANNED CS COMMERCIAL SERVICE AND WHOLESALE DISTRICT WITH CONDITIONS TO CS COMMERCIAL SERVICE AND WHOLESALE DISTRICT WITH CONDITIONS. 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, the Unified Development Code, is hereby amended by reclassifying the herein - described property from CS Commercial Service and Wholesale District With Conditions to CS Commercial Service and Wholesale District With Conditions, to wit: Lot 1 Seippel Road Commercial Park, Plat 2, 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. The foregoing amendment shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 20th day of May, 2013. Roy D. BJ• I, Mayor Attest: Trish L. Gleason, Assistant City Clerk iiiiumiaiiimiiiuiiNiiiwiiuumiiumU Doc ID: 007696580004 Type GEN Kind ORDINANCE Recorded: 05/29/2013 at 02:59:01 PM Fee Amt: $22.00 Page 1 of 4 Dubuque County Iowa Kathy Flynn Thurlow Recorder Fi1e2013- 00008871 Prepared by: Laura Carstens, City Planner Address: City Hall 50 W. 13th St Telephone: 589 -4210 Return to: Kevin Firnstahl, City Clerk Address: City Hall- 50 W. 13`h St Telephone: 589 -4121 ORDINANCE NO. 23 -13 AN ORDINANCE AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES, TITLE 16, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 8005 SEIPPEL COURT FROM PLANNED CS COMMERCIAL SERVICE AND WHOLESALE DISTRICT WITH CONDITIONS TO CS COMMERCIAL SERVICE AND WHOLESALE DISTRICT WITH CONDITIONS. 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, the Unified Development Code, is hereby amended by reclassifying the herein - described property from CS Commercial Service and Wholesale District With Conditions to CS Commercial Service and Wholesale District With Conditions, to wit: Lot 1 Seippel Road Commercial Park, Plat 2, 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. The foregoing amendment shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 20th day of May 2013. Attest: �2vo1,SaI� ewcXa -> Trish L. Gleason, Assistant City Clerk Roy D. Bj I, Mayor -1,11,s3° (Ck' I(.- MEMORANDUM OF AGREEMENT Pursuant to the Iowa Code Section 414.5 (2011), and as an express condition of rezoning of the property located at 8005 Seippel Court and legally described as: Lot 1 Seippel Road Commercial Park, Plat 2, and to the center line of the adjoining public right -of -way, all in the City of Dubuque, Iowa. which is the subject of Ordinance No. 23 -13 , a copy of which is attached hereto and incorporated herein by reference, the undersigned property owner(s) agree(s) to the following conditions, all of which the property owner(s) further agree(s) are reasonable and are imposed to satisfy public needs which are caused directly by the rezoning: A) Conditions: The following shall apply to the subject property: 1) That the following uses shall be prohibited on the subject parcel: ➢ Auto repair /body shop ➢ Truck sales /service repair ➢ Freight transfer facilities ➢ Fuel /ice dealers and manufacturers ➢ Engine /motor sales, service and repair ➢ Refrigerator equipment and supply, sales and service ➢ Animal hospital /clinic and kennels 2) That storage and exhaust fans shall not be allowed on the North side of any future building. B) Reclassification of the Subject Property. The City of Dubuque, Iowa may initiate zoning reclassification proceedings to the R -2 Two Family Residential District (which rezoning will include the removal of the performance standards in Section A above) if the property owner fails to complete any of the conditions or provisions of this Agreement. C) Modifications. Any modifications of this Agreement shall be considered a zoning reclassification and shall be subject to the provisions of the Title 16, Unified Development Code, governing zoning reclassifications. All such modifications must be approved by the City Council of Dubuque, Iowa. D) Recording. A copy of this Agreement shall be recorded with the Dubuque County Recorder as a permanent record of the conditions accepted as part of this rezoning approval within ten (10) days of the adoption of Ordinance No. 23 -13. E) Construction. This Agreement shall be construed and interpreted as though it were part of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code. F) This Agreement shall be binding upon the undersigned and his /her heirs, successors and assignees. ACCEPTANCE OF ORDINANCE NO. 23 -13 (I) Jon Kluck, having read the terms and conditions of the foregoing Ordinance No. - 13 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this /yam day of -,/ , 2013. Prepared by: Laura Carstens. City Planner Address: City Hall, 50 W. 13th St Telephone: 589 10 -42 Retum to: Jeanne Schneider. City Clerk Address: City Hall- 50 W. 13n St Telephone: 589 -4121 ORDINANCE NO. 07 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 8005 SEIPPEL COURT FROM R -2 TWO- FAMILY RESIDENTIAL DISTRICT TO CS COMMERCIAL SERVICE AND WHOLESALE DISTRICT, WITH CONDITIONS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Cade of Ordinances is hereby amended by reclassifying the hereinafter- described property from R -2 Two - Family Residential District to CS Commercial Service and Wholesale District, with conditions, to wit: Lot 1 Seippel Road Commercial Park, Plat 2, and to the centerline of the adjoining public right -of -way, all in the City of Dubuque, Iowa. Section 2. 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 day of 2007. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, Assistant City Clerk F \USERS\Kmunson \WP\Cay CouncIRCC 05 21_0718005 Seippel Ct Rezoning (Lammer08005 Seippel Ct Rezoning Ord 05 21_07.doo MEMORANDUM OF AGREEMENT Pursuant to the Iowa Code Section 414.5 (2005), and as an express condition of rezoning of the property described as: Lot 1 Seippel Road Commercial Park, Plat 2, and to the centerline of the adjoining public right -of -way, all in the City of Dubuque, Iowa. which is the subject of Ordinance No. -07, a copy of which is attached hereto and incorporated herein by reference, the undersigned property owners, agree to the following conditions, all of which the property owner further agrees are reasonable and are imposed to satisfy public needs which are caused directly by the rezoning: A) Conditions: The following conditions shall apply to the subject property: 1) A rear yard setback of 20% lot depth be applied to the north property line of the parcel. 2) That the following uses shall be prohibited on the subject parcel: • auto repair /body shop • truck sales /service repair ♦ freight transfer facilities ♦ fuel /ice dealers and manufacturing ♦ engine /motor sales, service and repair ♦ refrigerator equipment and supply, sales and service • animal hospital /clinic and kennels B) Reclassification of the Subiect Property. The City of Dubuque, Iowa may initiate zoning reclassification proceedings to the R -2 Two-Family Residential District (which rezoning will include the removal of the performance standards in Section A above) if the property owner fails to complete any of the conditions or provisions of this Agreement. C) Modifications. Any modifications of this Agreement shall be considered a zoning reclassification and shall be subject to the provisions of the Zoning Ordinance governing zoning reclassifications. All such modifications must be approved by the City Council of Dubuque, Iowa. D) Recording. A copy of this Agreement shall be recorded with the Dubuque County Recorder as a permanent record of the conditions accepted as part of this rezoning approval within thirty (30) days of the adoption of Ordinance No. -07. E) Construction. This Agreement shall be construed and interpreted as though it were part of Appendix A of the Code of Ordinances of the City of Dubuque, also known as the Zoning Ordinance of the City of Dubuque, Iowa. F) This Agreement shall be binding upon the undersigned and his/her heirs, successor and assignees. F:IUSERS'KmuneonlWP \City CounciACC 05_21_0718005 Seippel Ct Rezoning (Lammers)8005 Seippel CI Rezoning Ord 05_27 07.doc CITY OF DUBUQUE, 1011VA OFFICIAL NOTICE PUBLIC NOTICE is hereby given that the Dubuque City Council will conduct public hearings at a meeting to commence at 6 :30 p.m. on Ma 20, 2013, in the Historic Federal Building, 350 West 6th Street, on the follow- ing: Rezoning Request by Jon Kluck, 8005 Seippel Court, to rezone existing CS Commercial Service and Wholesale District with conditions to re- duce the north side setback from 50 feet to 20 feet. Text Amendments Request by Premier Bank, 140 W 9th Street, to amend Article 15- 11.10 to ! permit free- standing signs along W 9th St between Iowa & Main Street in a C-4 Downtown Commercial Zoning District Request by the City of Dubuque to amend Section 7 -2 Towers and Antennas of the Unified Development Code to establish timelines for review of applications. Request by the City of Dubuque to amend Section 11 -7(0) Major Subdivisions and Sec - tion 11 -15(H) Streets of the Unified Develop - ment Code to require that street names be included on prelimina- ry plats. Request by the City of Dubuque to amend Section 6 -4 Flood 'Haz- ard Overlay District of the Unified Develop - ment Code. Copies of supporting documents for the pub- lic hearings are on file in the City Clerk's Of- fice and may be viewed during normal working hours. Written comments re- garding the above pub- lic hearings may be submitted to the City Clerk's Office on or be- fore said time of public hearing. At said time and place of public hearings all interested citizens and parties will be given an oppor- tunity to be heard for or against said actions. Any visual or hearing impaired persons needing special assis- tance or persons with special accessibility needs should contact the City Clerk's Office at (563) 589 -4120 or TTY (563) 690 -6678 at least 48 hours prior to the meeting. Kevin S. Firnstahl, CMC, City Clerk 5/10 STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, 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: May 10, 2013, and for which the charge is $25.75. Subscribed to before me a Notary Public in and for Dubuque County, Iowa, this „./ day of , 20 . Notary Public in and for Dubuque County, Iowa. MARY K. W ESTiwFi,1... Comm;s to 1 N OFFICIAL PUBLICATION ORDINANCE NO. 2343 AN ORDINANCE AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES, TI- TLE 16,• UNIFIED DE- VELOPMENT CODE, BY • RECLASSIFYING HEREINAFTER DE- ' SCRIBED PROPERTY LOCATED AT 8005 SEIPPEL COURT FROM PLANNED ' CS COMMERCIAL SERV- - ICE' AND WHOLESALE I DISTRICT WITH CON - DITIONS TO CS COW MERCIAL?l SERVICE AND WHOLESALE DISTRICT WITH CON - DITIONS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, 10- !, WA: Section 1. That Title 16 of the City of Dubu- que Code of Ordinan- ces, the Unified Devel- opment Code, is here- by amended by reclassifying the herein- described prop- erty from CS Commer- cial Service and Whole- sale District With Con- ditions to CS Commer- cial Service and Whole- sale District With Con- ditions, to wit: Lot 1 Seippel Road I Commercial Park, Plat 2, 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. The forego- ing amendment shall take effect immediate- ly upon ublication, as provided by law. Passed, approved and adopted this 20th day of May, 2013. /s /Roy D. Buol, Mayor Attest: /s/Trish L. Gleason, Assistant City Clerk Published officially in the Telegraph Herald newspaper on the 24th day of May, 2013. /s /Kevirl S. Firnstahl, City Clerk It 5/24 STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, 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: May 24, 2013, and for which the charge is $15.90. Subscribed to before ms .,a Notary Public in and for Dubuque County, Iowa, this d day of ,��9,a, , 20 / Notary Public in and for Dubuque County, Iowa. z..5.. A c(° :.t e, p P MARY K. W E hM .l - �i .;c,,..,,':` 1 � , Commi ssion Number 143r qilt