Request to Rezone - 3507 Keystone Drive_Meyer Copyright 2014
City of Dubuque Public Hearings # 2.
ITEM TITLE: Request to Rezone - 3507 Keystone Drive
SUMMARY: Proof of publication on notice of public hearing to consider a by Jason and
Kim Meyer to rezone property located at 3507 Keystone Drive from R-1
Single-Family Residential District to R-3 Moderate Density Multi-Family
Residential District and the Zoning Advisory Commission recommending:
- Denial of the R-3 Moderate Density Multi-Family Residential District; and
- Approval of the R-2 Two-Family Residential District
ORDINANCE Amending Title 16 of the City of Dubuque Code of
Ordinances, Unified Development Code, by reclassifying hereinafter
described property located at 3507 Keystone Drive from R-1 Single-Family
Residential District to R-3 Moderate Density Multi-Family District.
ORDINANCE Amending Title 16 of the City of Dubuque Code Of
Ordinances, Unified Development Code, by reclassifying hereinafter
described property located at 3507 Keystone Drive from R-1 Single-Family
Residential District to R-2 Two-Multi-Family Residential District.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion A
ATTACHMENTS:
Description Type
❑ ZAC Letter Staff Memo
❑ Applicant Materials Supporting Documentation
❑ Staff Materials Supporting Documentation
❑ Ordinance R-1 to R-3 Ordinance
❑ Ordinance R-1 to R-2 Ordinance
❑ Proof of Publication Supporting Documentation
❑ Suggested Motion Supporting Documentation
Planning Services Department Dubuque
City Hall THE CITY OF
50 West 13tH Street
Dubuque,IA 52001-4864
UB6kE
(563)589-4210 phone
. .-will' MaStE'y1eCE'On the MISSIsSlppl
(563)589-4221 fax
(563)690-6678 TDD
planning@cityof dubuque.ori
October 12, 2015
The Honorable Mayor and City Council Members
City of Dubuque
City Hall — 50 W. 13t" Street
Dubuque IA 52001
Applicant: Jason and Kim Meyer
Location: 3507 Keystone Drive
Description- To rezone property from R-1 Single-Family Residential District to R-3
p p p
Moderate Density Multi-Family Residential District.
Dear Mayor and City Council Members:
The City q g of Dubuque Zoning Advisory Commission has reviewed the above-cited
request. The application, staff report and related materials are attached for your review.
Discussion
Thea applicant spoke in favor of the request, reviewing the former use of the property as
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a day care center and his intention to convert the existing structure into a two-family
residence.
Staff reviewed the staff report, noting surrounding zoning and land use, and reviewing
allowed uses in the proposed R-3 zoning district. Planning staff reviewed the size of
the p p
the parcel and the potential number of dwelling units that can be constructed on the
p
parcel.
There was onep
erson who spoke in opposition, stating he did not want additional
p
apartments in the area, and that if the applicant wanted to do a duplex, he should
rezone to R-2 District.
The Zoning Y Advisor Commission discussed the request, including the surrounding land
use. The Commission discussed if the potential for up to six dwelling units on the parcel
is compatible with the neighborhood, and if R-2 District zoning wouldn't be more
appropriate.ro riate. Theapp licant was amenable to R-2 Two-Family zoning rather than R-3
Moderate Density Multi-Family Residential District zoning.
Recommendation
B a vote of 7 to 0 the Zoning Advisory Commission recommends that the City Council
By g
deny request uest for rezoning from R-1 Single-Family Residential to R-3 Moderate
q
Density Multi-Family Residential District.
Service People Integrity Responsibility Irmovatlon Tean-mork
The Honorable Mayor and City Council Members
Page 2
By a vote of 7 to 0, the zoning Advisory Commission recommends that the City Council
approve the rezoning of the parcel from R-1 Single-Family Residential to R-2 Two-
Family Residential District.
A simple majority vote is needed for the City Council to approve the request to rezone
the property from R-1 Single-Family Residential to R-2 Two-Family Residential zoning
District.
A super-majority vote is needed for the City Council to override the denial, and then
approve the rezoning from R-1 Single-Family Residential to R-3 Moderate Density Multi-
Family Residential District.
Respectfully submitted,
PatricK, Norton, Chairperson
Zoning Advisory Commission
cc: Alvin Nash, Housing and Community. Development Director
Service People Integrity Responsibility Ini-iovation Teamwork
- � City of Dubuque
��
Planning Services Department
L.,Iu UE
Dubuque,IA 52001-4805
Phone: 563-589-4210
.Ma."Roterpiece::art the ississit ? Fax: 563-589-4221
planning cityofdubuque.org
PLANNING APPLICATIOM FOIM
❑Variance ❑Preliminary Plat ❑Simple Subdivision ❑Certificate of Appropriateness
❑Conditional Use Permit ❑Major Final Plat ❑Text Amendment ❑Advisory Design Review(Public Projects)
❑Appeal ❑Minor Final Plat ❑Temporary Use Permit ❑Certificate of Economic Non-Viability
❑Special Exception ❑Simple Site Plan ❑Annexation ❑Historic Designation Ch®®se®ne
❑Limited Setback Waiver ❑Minor Site Plan ❑Historic Revolving Loan ❑Demolition
[ Rezoning/PUD/ID ❑Major Site Plan ❑Historic Housing Grant ❑Port of Dubuque Design Review
Please tyl2e or print legiblyin—
Property owner(s): 4,650,4-1 "�� K'% � '' � _ Phone:
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Site location address. � � g
Select Select Select
Existing zoning: Proposed zoning: District: Landmark: ❑Yes ❑ No
Legal Description(Sidwell parcel ID# or log:number/block number/subdivision):
Total property(lot) feet or acres):
)area
scribe proposal and reason necessary(attach a letter of explanation,if needed):
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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.
0-S 0V\ (y) V
Property Owners).� � ®ate:
b�_� Date: -�
Applicant/Agent:
FOR OFFICE USE ONLY—APPLICA 7 ION SUBMITTAL ECKLIST
Fee: Yg3.dV Received by: Date: g 3/ /S Docket:
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HILLCREST RD THE CITY OF Dubuque
DUEAMWORY
ILII.
Masterpiece on the Mississippi 2007.2012 20D
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Vicinity Map
Applicants: Jason & Kim Meyer
EDY c&R L Location: 3507 Keystone Drive
Description: To Rezone Property from R-1
Single Family District to R-3
Moderate Density Multi-Family
Residential District
oN OR
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REZONING STAFF REPORT Zoning Agenda: October 7, 2015
Property Address: 3507 Keystone Drive
Property Owner: Jason and Kim Meyer
I
Applicant: Jason Meyer
Proposed Land Use: Multi-Family Residential Proposed Zoning: R-3
Existing Land Use: Daycare Existing Zoning: R-1
Adjacent Land Use: North — Open Space/Multi-Family Adjacent Zoning: North — R-1
East— Religious assembly East— R-1
South — Single-Family South — R-1
West— Single-Family West— R-1
Former Zoning: 1934 — County Total Area: 23,496 sq. ft.
1975 — R-1
1985 — R-1
Property History: The property was originally subdivided as part of the Key Knoll
Subdivision in the 1960s. The property has been the location of Pooh's Corner Day
Care since 1973.
Physical Characteristics: The property is 23,496 square feet in area, is located at the
northwest corner of Keyway Drive and Keystone Drive. The subject property has
approximately 160 feet of frontage on Keyway Drive and approximately 145 feet of drive
on Keystone Drive. The City of Dubuque owns the property immediately behind the
property to the north and contains a section of the north branch of the Catfish Creek.
Concurrence with Comprehensive Plan: The 2030 Future Land Use Map designates
the property for single and two-family residential.
Impact of Request on:
Utilities: Existing utilities are adequate to serve the site.
Traffic Patterns/Counts: There are no recent traffic counts available for Keyway
Drive. However, the 2001 IDOT traffic counts for the city of Dubuque indicated
2,710 average daily trips for Keyway Drive.
Public Services: Existing public services are adequate to serve the property.
Rezoning Staff Report — 3507 Keystone Drive Page 2
Environment: Staff does not anticipate any adverse impact to the environment
provided that erosion control is provided during all phases of development of the
property.
Adjacent Properties: The subject property has been used for day care for many
years. The closing of the day care and construction of additional residential
dwelling units will typically generate less vehicle trips.
CIP Investments: None proposed.
Staff Analysis: The applicant is proposing to rezone the property at 3705 Keystone
Drive from R-1 Single-Family Residential to R-3 Moderate Density Multi-Family
Residential District. The applicant has indicated he proposes to convert the existing
structure into an up and down duplex and the remaining land into townhouse-style
residential units.
The existing use of the property has been the Pooh's Corner Day Care for many years.
Based on Building Department records, the nursery school was constructed in 1973.
Day cares are and have been allowed in the R-1 Single-Family Residential District as a
conditional use.
The R-3 Moderate Density Multi-Family Residential District allows residential dwellings
ranging from single-family detached dwellings up to a six unit multi-family buildings.
These dwelling units can be in the form of townhouses, condominiums or apartments.
Attached to this staff report is a copy of the R-3 District standards that list the allowed
uses and the bulk regulations. Required off-street parking is 1.5 spaces per dwelling
unit for multi-family dwellings, or 2 spaces per dwelling for single-family residential.
The R-3 District requires that there be a minimum of 2,000 square foot of lot area for
each unit. The size of the lot for the proposed property could be developed for a
maximum of 11 units. Staff would caution that the number of dwelling units that can
actually be constructed on the site may be less once required off-street parking,
grading, and green space are factored in.
Planning staff recommends that the Commission review the criteria established in
Article 9.5 of the Unified Development Code regarding property reclassification.
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Section 2-Land Use Regulations Article 5: Zoning Districts
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:
Two-family dwelling 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
Townhouse 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
P"ft . " ! 11. Off-street parking
' 12. Rooming or boarding house
13. Tour home
Off-premises 14. Tourist home
residential garage 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
Noncommercial 12. Wind turbine(building-mounted)
greenhouse
THEI'IIY OF
DUB E
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
Minimum 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
Min Lot Min Lot Max Lot
R-3 Residential Area Frontage Coverage
(square I%lot
feet) (feet) area)
Permitted Uses
Multiple-family(six du max) 2,000/du 50 40 20 --- 4 20 30
Race of religious exercise or 20;000 100 40 20 --- 20 20 751
assembly,School
Single-family detached dwelling 5,000 50 40 20 50 4 20 30
Townhouse(sic du max) 1,600/du 16/du 40 20 --- 4/0 20/0 30
Two-family dwelling 5,000 50 40 20 50 4 20 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
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, 5,000 50 40 20 --- 4 20 40
Licensed child care center
Mortuary,funeral home or 20,000 100 40 20 --- 20 20 30
crematorium
Nursing or convalescent home 20,000 100 40 20 --- 20 20 30
Off-premise residential garage --- --- --- 20 --- 4 6 15
Rooming or boarding house 5,000 50 40 20 --- 4 20 30
Inlay 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.
---------- -------- ------ ht Midpoint
Lot Depth Required Side Height
Setback '� 1
Shed Roof
i y
Midpoint
Hei ht
I 0 0) . N 9
` I °� Gable or Hi Roof
13 a IL
TDeckline
J y ; N
�
a W
Mansard or Gambrel Roof
°- Highest Level
-`- -- Hei ht
Property Line } IIZeyuired Side g
-----
-----------------
Setback t Roof
TIIECRV OF _ - __
.DUB E'
Prepared by: Laura Carstens, City Planner Address: City H . 50 W. 13th St Telephone: 589-4210
Return to: Kevin Firnstahl, City Clerk Address: City Hall-50 allW. 13 St Telephone: 589-4121
ORDINANCE NO. -15
AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF
ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED AT 3507 KEYSTONE DRIVE FROM R-1 SINGLE-
FAMILY RESIDENTIAL DISTRICT TO R-3 MODERATE DENSITY MULTI-FAMILY
DISTRICT.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified
Development Code, is hereby amended by reclassifying the hereinafter—described property
from R-1 Single-Family Residential District to R-3 Moderate Density Multi-Family District, to
wit:
Lot 1 and Lot 2 Block 12 Key Knolls Subdivision and Lot 2-2-1-1-1-1-1-1-1 of NW 1/4
SE '/4 of Section 21 T89N R2E, 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 2015.
Roy D. Buol, Mayor
Attest:
Kevin S. Firnstahl, City Clerk
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. 64-15
AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF
ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING
HEREINAFTER DESCRIBED PROPERTY LOCATED AT 3507 KEYSTONE DRIVE
FROM R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT TO R-2 TWO -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, Unified
Development Code, is hereby amended by reclassifying the hereinafter—described
property from R-1 Single -Family Residential District to R-2 Two -Family Residential
District, to wit:
Lot 1 and Lot 2 Block 12 Key Knolls Subdivision and Lot 2-2-1-1-1-1-1-1-1 of NW
1/4 SE 1/4 of Section 21 T89N R2E, 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 19th day of ctober, 2015.
Hca
Roy D. Buol,yor
Attest:
Kevin Firnstahl, City dlerk
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: October 23, 2015, and for which the charge is $15.48.
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this j' day of � , 20 ,L
otary Public in and for Dubuque County, Iowa.
K Cep ERE EV4R�
Coryirolion Number 154220
Exo 025 i, 2017 f
OFFICIAL
PUBLICATION
ORDINANCE NO. 64-15
AN ORDINANCE
AMENDING TITLE 161
OF THE CITY OFi
DUBUQUE CODE OFi
ORDINANCES, ' UNI-
FIED DEVELOPMENT',
CODE, BY RECLASS-
IFYING HEREINAFTER
DESCRIBED PRO-
PERTY LOCATED AT
3507 KEYSTONE
DRIVE FROM -R-11
SINGLE-FAMILY RESI-
DENTIAL DISTRICT TO
R-2 TWO -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, Unified
Development Code, is
hereby amended by
reclassifying the here-
inafter -described pro-
perty; from R-1 Single -
Family Residential Dis-
trict to R-2 Two Family
Residential District, to i„
wit: •
Lot 1 and Lot 2 Block
12 Key Knolls Sub-
division and Lott -2-1-1-
1-1.1-1.1 of NW lA SE'/a
of Section 21 789N R2E,
and to the centerline of
the 'adjoining. public
right-of-way, all in the
City of Dubuque, Iowa. i.
Section 2. That the
foregoing amendment
has heretofore been
reviewed by the Zoning
Advisory Commission
of the City of Dubuque,
Iowa.
Section 3. This Ordi-
nance shall
rdinance,shall takeeffect,,
immediately upon pub-
lication as provided by
law.
Passed, approved and
adopted this 19th day
of October, 2015.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S.
Firnstahl, City Clerk
Published officially in
the Telegraph Herald
newspaper on the 23rd
day of October, 2015.
/s/Kevin S. Firnstahl,
City Clerk
It 10/23
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
J
i
i
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 1
of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper
on the following dates: October 09, 2015, and for which the charge is $23.53.
CITY OF DUBUQUE,
IOWA
OFFICIAL NOTICE
NOTICE1S HEREBY
GIVEN that the Dubu-
que City Council will
conduct a public
hearing at a meeting to
commence at 6.30 p.m.
on October 19,2015,in
the Historic Federal
Building Council Cham-
bers (second floor),
350 West 6th Street,on
the following:
Rezonings '
Request by Thomas
Subscribed to before me, a of ry Public in and for Dubuque County, Iowa, Tlefenthaler to rezone
property, located at
this day of , 20
1,6661167b,Avenue from
R-2 Two-Family Resi-
dential District to -C-2
Neighborhood Shop- I
ping,Center District.
Request by,Jason and
Kim "Meyer to rezone
property `located "at
3507 Keystone Drive,
from R-1 Single-Family
Zary Public in and for Dubuque County, Iowa. Residential Districtto R-
3Moderate Density
Multi -Family Residen-
tial District.`
Amend Institutional
Distfict
Request'by "the
University of Dubuque
�b.« 91ARV K,WN �'E PAREYEF to amend ID Institu-
f tiohal District to con-
:, commission Number Ib4S85 struct an addition to
+` yr My Comm, E.xlp, FES 1 2017, Mercer., ,Birmingham
Hall on tfie'McCormick
Street Extension.
Written comments
regarding the above
public hearings may
submitted to the City
Clerk's Office on or
before said time of
public hearing.At said i
time and place of
public hearings all
interested citizens and
parties will be given an
opportunity; to be
heard for or against
said actions..
Copies'of supporting
documents:'"for the
public hearings are on
file in theCity Clerk's
Office, 50 W. 13th 5t,
Dubuq ue and maybe
viewed during regular
working hours or at
http://publicagenda.cit
yofdubuque.org/.
Any visual or hearing
impaired persons nee'd-
ing'special, assistance
or persons with special
accessibility needs
should contact the City
Clerk's,Office at(563)
589-4100 or TTY (5'63 )
690-6678 at,least 48
hoursprior':to the
meeting.
Kevin S.Firnstahl,
CMC,City Clerk
1t 10/9
Planning Services Department
City Hall
50 West 13th Street
Dubuque, IA 52001-4864
(563) 589-4210 phone
(563) 589-4221 fax
(563) 690-6678 TDD
lannin @cit ofdubu ue.or:
Jason and Kim Meyer
2412 Radford Rd
Dubuque IA 52002
Dubuque
klittx1 THE CITY OF
AFAmericaCitY
11111
2007 • 2012 • 2011
RE: City Council Public Hearing — Rezoning Request
DUB
Masterpiece on the Mississippi
October 9, 2015
Dear Applicant:
The City Council will consider your request to rezone property located at 3507 Keystone
Drive at a public hearing on Monday, October 19, 2015. Please attend this meetinq,
or send a representative to the meeting in your place to present your request and
answer questions. City Council meetings begin at 6:30 p.m. in the City Council
Chamber, 2nd Floor, Historic Federal Building (Post Office), 350 W. 6th Street, Dubuque,
Iowa.
Please contact the Planning Services Department at (563) 589-4210 if you need more
information or have any questions.
Sincerely,
Kyle L. Kritz
Associate Planner
Enclosures
Service
Kevin Firnstahl, City Clerk
People
Integrity
Responsibility
Innovation
Teamwork