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Request to Rezone_1822 Creek Wood DrivePlanning Services Department City Hall 50 West 13th Street Dubuque, IA 52001 -4864 (563) 589 -4210 phone (563) 589-4221 fax (563) 690 -6678 TDD nlanning@cityofdubuque.org The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 13th Street Dubuque IA 52001 Dubuqu Masterpiece on the Mississippi November 8, 2013 Applicant: Marty McNamer Location: 1822 Creek Wood Drive Description: To rezone from C -2c Neighborhood Shopping Center District with Conditions to R -3 Moderate Density Multi - Family Residential 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 The applicant spoke in favor of the request, reviewing the current zoning, noting that as part of the original zoning of the subdivision, it was zoned C -2c. The applicant noted that the lot is small and there wasn't any interest among residents of the subdivision for a dry cleaner or convenience store. Staff reviewed the staff report, noting the history of the zoning and surrounding land use. Staff reviewed the previous condition placed on C -2 zoning. There was one public comment in favor of the request from an adjacent property owner. The Zoning Advisory Commission discussed the request, noting the requested zoning to R- 3 is consistent with surrounding zoning. Recommendation By a vote of 5 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`-- Patrick Norton, Chairperson Zoning Advisory Commission Attachments Service People Integrity Responsibility Innovation Teamwork TH6 cnv hu Dubuque Doe " E • Masterpiece on the Mississipji ! 01 DVariance ['Conditional Use Permit ❑Appeal ❑Special Exception LLjmited Setback Waiver [Rezoning /PUD /ID PLANNING APPLICATION FORM ❑Preliminary Plat DMajor Final Plat ['Minor Final Plat ❑Simple Site Plan DMinor Site Plan ❑Major Site Plan ❑Simple Subdivision ❑Text Amendment ❑Temporary Use Permit ❑Annexation ❑Historic Revolving Loan ❑Historic Housing Grant Please time or print legibly in ink Propertyowner(s): North .Cascade Road Developers Address: 1800 Manson Road City: Dubuque City of Dubuque Planning Services Department Dubuque, IA 52001 -4805 Phone: 563-589-4210 Fax: 561589 -4221 plan ni na @cilvofdu buque.org DCertificate of Appropriateness ❑Advisory Design Review (Public Projects) ❑Certificate of Economic Non-Viability ❑Historic Designation ❑Demolition In Conservation Districts ❑Port of Dubuque Design Review Phone: 563 -590 -2173 State; Iowa Zip: 52003 Fax #: 563 -582 -5889 Cell #: 563 -590 -2173 E -mach marty@mcnamerinc.com Applicant /Agent:, Marty McNamer Phone: 563 -590 -2173 Address: 1800 Manson Road city: Dubuque State. Ia Zip: 52003 Fax #: Cell #: E -mail: 18Z?.— Site location /address: -83't' Creek Wood Drive Existing zoning; C -2 C Neighborhood Association: Proposed zoning: € R 2Z-3 District: Landmark: ❑ Yes ❑ No Legal Description (Sidwell parcel ID# or lot number /block number /subdivision): 1502153016 Total property (lot) area (square feet or acres): 28228 sq. ft. less than 1/2 acre Describe proposal and reason necessary (attach a letter of explanation, if needed): TO �Ld%y e vA /.si-o C.z Neighbors request o r 3 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): Applicant/Agent: Date: r Date: aq- FOR OFFICE USE ONLY APPLICATION SUBMITTAL CHECKLIST r� Fee: ST 3. Received by: / Date: w' f3 —1.5 j ITncket: Base Data Provided by Dubuque County GIS Path: F: \USERS \Evanbusk \ArcGIS Maps \Vicinity Map_1832CreekWood.mxd Masterpiece on the Mississippi Vicinity Map Applicants: Marty McNamer Location: Description: Dubuque AM-Amerlill CRY 1111 2007. 2012 • 2013 1822 Creek Wood Drive Parcel: 15 -02- 153 -016 To rezone vacant parcel from C -2c Neighborhood Shopping Center District with Conditions to R -3 Moderate Density Residential District. Legend 1822 Creek Wood Drive DISCLAIMER: This Information was compiled using the Dubuque Area Geographic Information System (DAGIS), which incNdes data created by both the City of Dubuque and Dubuque County. It Is understood that, while the Ctty of Dubuque and participating agendas utilized the most cement and accurate Information available, DAG)S and its suppliers do not warrant the accuracy a currer y of the information or data contained herein, The City and participating agendas shall not be held Ilabie for any direct Indirect, Incidental, consequent tint punitive, or special damages, whether foreseeable or unforeseeable, arising Ott of the authorized or unauthorized use of this data or the iriablity to use this data or out of any breach of warranty whatsoever. 1:5,000 NORTH REZONING STAFF REPORT Zoning Agenda: November 6, 2013 Property Address: Property Owner: Applicant: 1822 Creekwood Drive (Lot 3 Timber -Hyrst Estates Phase 2) Marty McNamer, NCR Developers, LLC Same Proposed Land Use: Residential Existing Land Use: Vacant Adjacent Land Use: Former Zoning: North — Vacant East — Vacant South — Vacant/Agricultural West — Residential 1934 — County AG 1975 — County AG 1985 — County AG Proposed Zoning: R -3 Existing Zoning: County C -2c Adjacent Zoning: North — R -2 East — R -3 South — County Agricultural West — R -3 Total Area: 28,228 sq. ft. Property History: The subject property was mostly undeveloped or under cultivation in the County until its annexation to the City in June 2006. A portion of the property has been preliminarily graded as part of Phase 2 of the Timber -Hyrst Estates subdivision. The property was rezoned from R -3 to C -2 with conditions in 2008. The property has remained vacant since that time. Physical Characteristics: The property is slightly over'14 acre in area with 175 feet of frontage along Creekwood Drive and an average depth of 160 feet. The property has some level area along Creekwood Drive but slopes steeply to the south terminating at a bluff above the South Fork of the Catfish Creek. Concurrence with Comprehensive Plan: The Comprehensive Plan calls for this area to be mixed residential use. The Comprehensive Plan encourages the concept of mixed -use development to create diverse and self- sufficient neighborhoods. Impact of Request on: Utilities: City utilities have been extended to this area during the development of Timber -Hyrst Phase 2. Existing utilities will be adequate to serve the site. Traffic Patterns /Counts: There are no traffic counts available for Creekwood Drive. Rezoning this property from C -2c to R -3 should generate very little additional Rezoning Staff Report — 1822 Creekwood Drive Page 2 traffic. However, vehicular traffic will have to gain access to the site from a bridged single access from Manson Road. Public Services: Existing public services will be adequate to serve the property. Environment: Staff does not anticipate any adverse impact to the environment provided adequate erosion control and storm water control is provided during all phases of development. Adjacent Properties: Rezoning the property from C -2c to R -3 should generate very little additional noise, activity, traffic, or demand on parking over and above what the currently permitted commercial uses could potentially generate. The adjacent properties on either side of the subject lot are zoned R -3. Therefore, the rezoning would expand and consolidate all of the R -3 properties on the south side of Creekwood Drive. The R -3 zoning district permits a variety of residential uses from a single - family home to a six -plex. If the most intense use were built, a minimum of nine off - street parking spaces would have to be required, and 3,200 square feet of lot area would be necessary for each unit. CIP Investments: None proposed. Staff Analysis: The subject property has approximately 175 feet of frontage along Creekwood Drive and it averages about 160 feet in depth. The subject property is situated in the draw with the high portion of the lot at the northwest corner dropping approximately 50 feet in elevation in the southeast corner of the property. The property is situated on a bluff edge that overlooks the south fork of the Catfish Creek, which lies approximately 70 feet below the back property line. No portion of the property lies in the Catfish Creek flood plain. The applicant is proposing to rezone the approximately 28,000 square foot lot from C -2 Neighborhood Commercial with conditions to R -3 Moderate Density Multi - Family Residential zoning district. The conditions placed on the commercial rezoning in 2008 eliminated gas stations and automated gas stations from the list of permitted uses (attached). However, under the remaining permitted uses in the C -2 District, such commercial activities as dry cleaning, general offices, retail sales and service, barber /beauty shops, and indoor restaurants are permitted. These uses could potentially generate more noise, activity, demand on parking, and have extended hours of operation and site lighting in excess of what a multi - family residential use may generate. Rezoning Staff Report — 1822 Creekwood Drive Page 3 The subject lot is currently abutted on both the east and west sides by R -3 zoned property, so rezoning would expand and consolidate all of the R -3 properties on the south side of Creekwood Drive. Staff recommends the Commission review the criteria established in Article 9 -5 regarding zoning reclassification. Prepared by: e , Reviewed: ate: i'•t ?./3 Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St Telephone: 589 -4210 Return to: Jeanne Schneider, City Clerk Address: City Hall- 50 W. 13 St Telephone: 589 -4121 ORDINANCE NO. 11 -08 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED ALONG CREEKWOOD DRIVE FROM R -3 MODERATE DENSITY MULTI - FAMILY RESIDENTIAL DISTRICT TO C -2 NEIGHBORHOOD SHOPPING CENTER 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 Code of Ordinances is hereby amended by reclassifying the hereinafter- described property from R -3 Moderate Density Multi - Family Residential District to C -2 Neighborhood Shopping Center District, with conditions, to wit: Lot 3 of Timber -Hyrst Estates #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 3rd day of March 2008. Roy D. Buo ayor Attest: eanne F. Schneider, City Clerk F: \USERSWELINDA \WP\ COUNCIL \ORDINANCES\tImber -hyrst #2 r-3 to c-2 ord.doc MEMORANDUM OF AGREEMENT Pursuant to the Iowa Code Section 414.5 (2008), and as an express condition of rezoning of the property described as: Lot 3 of Timber -Hyrst Estates #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. 7.1. -08 , 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) That gas station and automated gas station be eliminated from the list of allowed uses for this C -2 neighborhood Shopping Center District. Reclassification of the Subiect Property. The City of Dubuque, Iowa may initiate zoning reclassification proceedings to the R -3 Moderate Density Multi- 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 ten (10) days of the adoption of Ordinance No. 11 -08. 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. forms \moa.frm ACCEPTANCE OF ORDINANCE NO. 11 -08 I, Martin J. McNamer, representing North Cascade Road Developers, LLC, property owner, read the terms and conditions of the foregoing Ordinance No. 11 -08 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa, this Z9 day of a , 2008. By�c�, Martin J. McNamer F: \USERStMELINDA \WP\ COUNCIL \OROINANCESUIMber -hyrst 112 r -3 to c-2 moa 02_22 08.doc Section 2 -Land Use Regulations Article 5: Zoning Districts Two - family dwelling Townhouse Off - premises residential garage Noncommercial greenhouse 5 -5 R -3 Moderate Density Multiple - Family Residential The R -3 District is intended to provide locations for a variety of dwelling types ranging from single - family to low -rise multiple - family dwellings. The R -3 District also serves as a transition between residential and nonresidential districts. 5 -5.1 Principal Permitted Uses The following uses are permitted in the R -3 District: 1. Cemetery, mausoleum, or columbarium 2. Multiple- family dwelling (maximum six dwelling units) 3. Place of religious exercise or assembly 4. Public or private park, golf course, or similar natural recreation area 5. Public, private, or parochial school approved by the State of Iowa (K -12) 6. Railroad or public or quasi- public utility, including substation 7. Single - family detached dwelling 8. Townhouse (maximum six dwelling units) 9 Two- family dwelling (duplex) 5 -5.2 Conditional Uses The following conditional uses may be permitted in the R -3 District, subject to the provi- sions of Section 8 -5: 1. Bed and breakfast home 2. Group home 3. Hospice 4. Housing for the elderly or persons with disabilities 5. Individual zero lot line detached dwelling 6. Licensed adult day services 7. Licensed child care center 8. Mortuary, funeral home, or crematorium 9. Nursing or convalescent home 10. Off - premise residential garage 11. Off - street parking 12. Rooming or boarding house 13. Tour home 14. Tourist home 15. Wind energy conversion system 5 -5.3 Accessory Uses The following uses are permitted as accessory uses as provided in Section 3 -7: 1. Detached garage 2. Fence 3. Garage sale; no more than three per calendar year or three consecutive days per sale 4. Home -based business 5. Noncommercial garden, greenhouse or nursery 6. Off street parking and storage of vehicles 7. Satellite receiving dish 8. Solar collector 9. Sport, recreation, or outdoor cooking equipment 10. Storage building 11. Tennis court, swimming pool or similar permanent facility 12. Wind turbine (building- mounted) 1IIECRV OF B Section 2 —Land Use Regulations Article 5: Zoning Districts 5 -5.4 Temporary Uses Temporary uses shall be regulated in conformance with the provisions of Section 3 -19. 5 -5.5 Parking Mini num parking requirements shall be regulated in conformance with the provisions of Article 14. 5 -5.6 Signs Signs shall be regulated in conformance with the provisions of Article 15. 5 -5.7 Bulk Regulations R -3 Residential Mn Lot Area (square feet) Min Lot Frontage (feet) Max Lot Coverage (% lot area) Setbacks Front (feet) Min Max Min Side (feet) Min Rear (feet) Max Height (feet) Permitted Uses Multiple - famly (six du max) 2,000 /du 50 40 20 4 20 30 Flace of religious exercise or assembly, School 20,000 100 40 20 20 20 75 1 Single - family detached dwelling 5,000 50 40 20 50 4 20 30 I Townhouse (six du max) 1,600 /du 16 /du 40 20 • 4/0 20/0 Tw o- family dwelling 5,000 50 40 20 50 4 20 30 30 Conditional Uses Individual zero lot line dwelling 5,000 50 40 20 50 • 10 /0 20 30 Bed and breakfast home 5,000 50 40 20 50 4 20 30 I Group home 5,000 50 40 20 4 20 30 Hospice 5,000 50 40 20 4 20 30 Housing for the elderly or disabled 20,000 100 40 20 20 20 30 Licensed adult day services, Licensed child care center 5,000 50 40 20 4 20 40 Mortuary, funeral home or crematorium 20,000 100 40 20 20 20 30 Nursing or convalescent home 20,000 100 40 20 20 20 Off- prenise residential garage 20 4 6 Rooming or boarding house 5,000 50 40 20 4 20 30 15 30 May be erected to a height not exceeding 75 feet, provided that such buildings shall provide at least one additional foot of yard space on al sides for each additional foot by w hich such building exceeds the maximum height limit of the district in w hich it is located. * See Section 3 -17 for adjustment of minimum front yard setbacks. ▪ 1 N.t Property lane —n Lot Depth -1 L-1 Q.4 t. „,ecnvoe B 23 Lot Frontage Required Side ;�Sekback . ritr4,6 LiJ �J , u i U), 0p d) 3 L o N--N ?4' /fit i Required Side Setback da 0 v s 53 1 Midpoint ffHek3ht Shed Roof Midpoint -- Height i Gable or Hip Roof Deckline I Height Mansard or Gambrel Roof I Highest Level Height i Flat Roof 53 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. 13th St Telephone: 589 -4121 ORDINANCE NO. 52 -13 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 1822 CREEK WOOD DRIVE FROM C -2 NEIGHBORHOOD SHOPPING CENTER DISTRICT WITH CONDITIONS TO R -3 MODERATE DENSITY MULTI - FAMILY RESIDENTIAL 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, the Unified Development Code, is hereby amended by reclassifying the hereinafter - described property from C -2 Neighborhood Shopping Center District, with conditions to R -3 Moderate Density Multi - Family Residential District, to wit: Lot 3 of Timber -Hyrst Estates #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. This Ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 18th day of NoveAnber, 2013. Attest: Kevi S. Firnstahl, City Roy D. B , Mayor 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. 13th St Telephone: 589 -4121 ORDINANCE NO. -13 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 1822 CREEK WOOD DRIVE FROM C -2 NEIGHBORHOOD SHOPPING CENTER DISTRICT WITH CONDITIONS TO R -3 MODERATE DENSITY MULTI - FAMILY RESIDENTIAL 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, the Unified Development Code, is hereby amended by reclassifying the hereinafter - described property from C -2 Neighborhood Shopping Center District, with conditions to R -3 Moderate Density Multi - Family Residential District, to wit: Lot 3 of Timber -Hyrst Estates #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. This Ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this day of 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk CITY OF DU UQUE, OFFICIAL "OTICE NOTICE IS HEREBY GIVEN that the Dubu- !I que City Council will r - conduct a public hea ing at a o commenember 4, 20ce at 6:30 p.mt. on Nov13, in the Historic Federal lding, 350 WestFe'6th Street, on the follow - ing: IgegLes4 to Rez®e. Request by Marty McNamer to rezone property at 1822 Creek Wood Drive from C -2c Neighborhood Shop- ping Center District with Conditions De tonsit 'R -3 Moderate y . Multi- Family Residen tial District. Written comments re - '! garding the above pub - lic hearings may s 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 ce heard for or againstsaid actions. Copies of supporting documents for the pub - lic hearings are on file in the City Clerk's !Of- fice and may 1 be viewed during normal working hours. Any visual or hearing impaired persons needing special assis- tance or persons with special accessibility heeds should contact the City Clerk's Office at (563) 589- 4100'i or TTY (563) 690 -6678 at least 48 hours prior to the meeting. Kevin S. Firnstahl, 18 CMC, City Clerk 1t 11 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: November 08, 2013, and for which the charge is $16.87. Subscribed to before me, :? ► Mary Public in nd for Dubuque County, Iowa, this , r day of , � , � �_ s >. �./ , 20 /3 . i otary Public in and for Dubuque County, Iowa. taa¢. raalxrntixnman._ IARY K WESTERN EYE Ic+n Numbor 154 OFFICIAL • PUBLICATION ORDINANCE NO. 52-13 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DU- BUQUE CODE. OF OR- DINANCES, UNIFIED DEVELOPMENT CODE, BY RECLAS- SIFYING HEREIN- AFTER DESCRIBED PROPERTY LOCATED AT 1822 CREEK WOOD DRIVE FROM C -2 NEIGHBORHOOD SHOPPING CENTER. ._ DISTRICT WITH CON -, I joining DITIONS TO R -3 MOD - way, al ERATE DENSITY 1 Dubuqu MULTI - FAMILY RESI- DENTIAL DISTRICT NOW, THEREFORE, BE has h fetofore been IT ORDAINED BY THE reviewe by the Zoning CITY COUNCIL OF THE Advisory Commission CITY OF DUBUQUE, 10- of the C }y of Dubuque, WA: Iowa. Section 1. That Title " Sectioq 3. This Ordi- 16 of the of Dubu- �i nance s ll take effect que Code of Ordinan- immediately upon pub- provided by ublic right -of in the City of , Iowa. Sect n 2. That the foregoi 0 amendment ces, the Unified Devel- lication, opment Code, is here- law. by amended by re- I Passed, (Iapproved and classifying the herein- adopted his 18th day after - described proper - of Nove er, 2013. ty from C -2 Neighbor - /s /Roy Buol, Mayor hood Shopping Center Attest: /s Kevin S. District, with condi- Firnstahl, ity Clerk tions to R -3 Moderate Publishe officially in Density Multi - Family; the Tele raph Herald Residential District, to' newsp.ape on the 22nd wit day of No ember, 2013. Lol°3 of Timber -Hyrst /s /Kevi S. Firnstahl, Estates #2, and to the City Clerk centerline of the ad- It 11/22 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: November 22, 2013, and for which the charge is $15.70. Subscribed to before me, a otary Public in and for Dubuque County, Iowa, this t5 day of ,20 l,3 • Notary Public in and for Dubuque County, Iowa. MARY K. WESTERMA _YER Commlecicn Number 1q54�5y85 ja�. C.0 F , ie_IIJY1a.