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Request for Text Amendment_Passenger Transfer FacilityPlanning Services Department City Hall 50 West 13~ Street Dubuque, IA 52001-4864 (563) 589-4210 phone (563) 589-4221 fax (563) 690-6678 TDD planningQcityof dubuque. org THE CITY OF Dubuque DUB E Masterpiece on the Mississippi ' ~ ~ (~ ~ 2007 October 9, 2008 The Honorable Mayor and City Council Members City of Dubuque City Hall - 50 W. 13th Street Dubuque IA 52001 Applicant: City of Dubuque Description: To amend the CS Commercial Service & Wholesale, LI Light Industrial, MHI Modified Heavy Industrial, and HI Heavy Industrial Districts to allow "Passenger Transfer Facility" as a permitted use and as a conditional use in the C-3 General Commercial, C-4 Downtown Commercial and the C-5 Central Business Districts. 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 Planning Services staff member Kyle Kritz spoke in favor of the request. He reviewed that passenger transfer facilities are currently not listed anywhere in the City's Zoning Ordinance and that interstate bus lines have used a variety of sites within the City in the past, but that with the redevelopment of downtown Dubuque, staff believes it important at this time to establish a process for the review and approval of these facilities. There were several public comments from Burlington Trailways representatives concerning the need for an intermodal facility and their current operation on 1St Street. The property owner who leases to Burlington Trailways indicated he has received no complaints about the service. The Zoning Advisory Commission discussed the request, noting that the amendment would allow Passenger Transfer Facilities as an allowed use in the Industrial Districts. The Commission discussed whether such facilities should be conditional uses in the Industrial Districts as well. The Commission reviewed municipal regulations regarding loading and unloading on City streets. 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 as submitted. A simple majority vote is needed for the City Council to approve the request. Respectfully submitted, ~-~!~l-~ Jeff Stiles, Chairperson Zoning Advisory Commission cc: Jon Rodocker, Transit Manager Kim Wadding, Police Chief Gus Psihoyos, City Engineer Crenna Brumwell, Assistant City Attorney Service People Integrity Responsibility Innovation Teamwork THE CITY OF DUB E Masterpiece on the Mississippi Dubuque '~II~' zoos PLANNING APPLICATION FORM ^Variance ^Conditional Use Permit ^Appeal ^Special Exception ^Limited Setback Waiver ^Rezoning ^Planned District ^Preliminary Plat ^Minor Final Plat ®Text Amendment ^Simple Site Plan ^Minor Site Plan ^Major Site Plan ^Major Final Plat ^Simple Subdivision ^Annexation ^Temporary Use Permit City of Dubuque Planning Services Department Dubuque, IA 52001-4864 Phone:S63-589-4210 Fax: 563-589-4221 ^Certificate of Economic Non-Viability ^Certificate of Appropriateness ^Historic Designation ^Neighborhood Association ^Other: Please tvpe or urint le4ibly in ink Property owner( Address: City: State: Zip: Fax Number: Cellular Number: E-mail Address: Applicant/Agent: City of Dubuque Phone: 589-4210 Address: 50 W. 130i St. City: Dubuque State: Iowa Zip:52001 Fax Number: 589-4221 Cellular Number: N/A E-mail Address: Site location/address: Various Existing zoning: N/A Proposed zoning: N/A Historic District: N/A Landmark:.. N/A Legal Description (Bidwell parcel ID# or lot number/block number/subdivision): N/A Total property (lot) area (square feet or acres): N/A Describe proposal and reason necessary (attach a letter of explanation, if needed): Text amendment to allow passenger transfer facility as a permitted use in CS, LI, MHI, and HI and as a conditional use in C-3, C-4 and C-5. CERTIFICATION: I/we, the undersigned, do hereby certify that: 1. It is the property owner's responsibility to locate property lines and to check your 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. Properly Owner(s): Date: ~~ Applicant/Agent: ~ Date: _,T~ ~ t,.°~ FOR OFFICE USE ONLY -APPLICATION SUBMITT~4L CHECKLIST Fee: Received by: ~. Date: ~ r~'~ Docket: ^ Site/sketch plan^ Conceptual Development P an ^Photo ^ Plat ^ Improvement plans ^ Design review project description ^ Floor plan ^ Other: THE CTTY ©F ~~. DUB E Masterpiece on the Mississippi TO: Zoning Advisory Commission FROM: Kyle L. Kritz, Associate Planner ~~~'Z Dubuque 2007 September 16, 2008 SUBJECT: Text Amendment to allow a Passenger Transfer Facility as a permitted and conditional use. Introduction The Planning Services staff is proposing to amend the Zoning Ordinance to allow Passenger Transfer Facility as a permitted use in the CS Commercial Service & Wholesale, LI Light Industrial, MHI Modified Heavy Industrial, and HI Heavy Industrial Districts, and as a conditional use in the C-3 General Commercial, C-4 Downtown Commercial, and C-5 Central Business Districts. Background The Zoning Ordinance currently does not allow for the loading and unloading of regular scheduled intrastate buses in any of the City's zoning districts. Planning and Legal staff feel that Freight Transfer Facilities are similar enough to allow intrastate bus lines to locate in the four districts that currently list Freight Transfer Facilities as a permitted use, which are CS Commercial Service & Wholesale, LI Light Industrial, MHI Modified Heavy Industrial and HI Heavy Industrial zoning districts. In the past, intrastate bus lines stopped at the gas station/truck stop on Kerper Boulevard, at the Julien Inn at the Keyline Transit Garage at one time there was a bus terminal at the corner of 5th Street and Central Avenue. Recently, Burlington Trailways located in a C-4 Downtown Commercial District without first reviewing the site with Planning staff. There has been concern expressed by adjacent business owners regarding the adequacy of the current facility. Concerns with Burlington Trailways have included: 1) lack of an off-street loading/unloading area; 2) lack of an adequately size waiting room for passengers and luggage. Planning staff feels that it would be appropriate to allow Passenger Transfer Facilities in commercial districts provided there is adequate review for loading and unloading of passengers, particularly in congested commercial areas of the City. Memo to Zoning Advisory Commission Page 2 Text Amendment to allow a Passenger Transfer Facility as a permitted and conditional use. Discussion Planning staff is proposing that Passenger Transfer Facilities be allowed as a permitted use in the same zones as Freight Transfers Facilities, namely CS, LI, MHI and HI zoning districts, and as a conditional use in the commercial districts of C-3, C-4 and C- 5. Planning staff believes that a conditional use granted by from the Zoning Board of Adjustment is necessary in the commercial districts to insure there is adequate room for drop-off and pick-up of passengers as well as adequate indoor waiting area for passengers and their luggage. The Zoning Board of Adjustment would review the location and determine whether there is sufficient area for passengers to wait, adequate space for loading and unloading and off-street parking. Planning staff is proposing that Passenger Transfer Facilities would be a conditional use in the commercial districts because of the higher traffic volumes, density of development and potential conflicts with other commercial businesses. The commercial service and industrial districts tend to have larger lots with lower vehicle trips on adjacent streets that are beneficial in the citing of a Passenger Transfer Facility. Recommendation Planning staff has attached a draft ordinance for the Zoning Advisory Commission's review. Planning staff recommends that the Zoning Advisory Commission review the request and recommend approval to the City Council. KLK/mkr Attachments F:\USERS\MELINDA\WP\CommissionsVAC\passenger transfer facility zac memo.doc Prepared by: Laura Carstens, City Planner Address: Citv Hall, 50 W. 13th St Telephone: 589-4210 Return to: Jeanne Schneider, City Clerk Address: Citv Hall- 50 W. 13' St Telephone: 589-4121 ORDINANCE NO. 67 -08 AN ORDINANCE AMENDING SECTIONS 3-3.3(D), 3-3.4(D) AND 3-3.5(D) APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY ADDING PASSENGER TRANSFER FACILITIES AS A CONDITIONAL USE IN THE C-3 GENERAL COMMERCIAL, C-4 DOWNTOWN COMMERCIAL AND C-5 CENTRAL BUSINESS DISTRICTS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 3-3.3(D), 3-3.4(D) AND 3-3.5(D) of the City of Dubuque Code of Ordinances is hereby amended as follows: Passenger Transfer Facilities: (a) Such Facility shall provide for the loading and unloading of passengers so as not to obstruct public streets or alleys or create traffic or safety hazards; (b) That adequate indoor waiting area is provided; (c) That the parking group requirements can be met [19]. 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 20th day of October 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk 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. 68 -08 AN ORDINANCE AMENDING SECTIONS 3-3.6(B), 3-4.1(B), 3-4.2(B) and 3-4.4(B) APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY ADDING PASSENGER TRANSFER FACILITIES AS A PERMITTED USE IN THE CS COMMERCIAL SERVICE AND WHOLESALE, LI LIGHT INDUSTRIAL, HI HEAVY INDUSTRIAL AND MHI MODIFIED HEAVY INDUSTRIAL DISTRICTS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 3-3.6(B), 3-4.1(B), 3-4.2(B) and 3-4.4(B) of the City of Dubuque Code of Ordinances is hereby amended as follows: (a) Passenger Transfer Facilities [19]. Section 2. The foregoing amendment ahs 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 20th day of October 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk