Amend Unified Development Code Section 16-11-8 Subdivision Design Standards and Section 16-13-3 Site Development Requirements_HearingCity of Dubuque
City Council Meeting
Public Hearings # 01.
Copyrighted
January 17, 2023
ITEM TITLE: Amend Unified Development Code Section 16-11-8 Subdivision Design
Standards and Section 16-13-3 Site Development Requirements
SUMMARY: Proof of publication on notice of public hearing to consider City Council
approval of a request from the City of Dubuque to amend the Unified
Development Code Section 16-11-8 Subdivision Design Standards and
Section 16-13-3 Site Development Requirements regarding extension of
public improvements, and Zoning Advisory Commission recommending
approval.
ORDINANCE Amending City of Dubuque Code of Ordinances Title 16
Unified Development Code, Chapter 11 Land Subdivision, Section 16-
11-8 by adding a new Subsection B Extension of Public I mprovements;
and amending Chapter 13 Site Design Standards, Section 16-13-3 by
adding a new Section 16-13-3-1 Extension of Public Improvements and
renumbering Sections 16-13-3-2 through 16-13-3-7
SUGGESTED Suggested Disposition: Receive and File; Motion B; Motion
DISPOSITION:
ATTACHMENTS:
Description
Type
ZAC Memo
Staff Memo
Ordinance
Ordinance
Effect of Amendment
Supporting Documentation
Application
Staff Memo
ZAC Staff Report
Staff Memo
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
planning@cityofdubuque.org
THE CF
DIUj---B E
Masterpiece on the Mississippi
The Honorable Mayor and City Council Members
City of Dubuque
City Hall — 50 W. 13th Street
Dubuque IA 52001
Dubuque
�II•Aneiiq ®q
wnxuE nr.ic
II
2007,2012.2013
2017*2019
January 6, 2023
Applicant: City of Dubuque
Description: To amend the Unified Development Code Section 16-11-8 Subdivision
Design Standards and Section 16-13-3 Site Development Requirements
regarding extension of public improvements
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
Staff discussed the proposed text amendment to the Unified Development Code (UDC)
Section 16-11-8 Subdivision Design Standards and Section 16-13-3 Site Development
Requirements for the extension of public utilities. Staff explained that the proposed text
amendments are consistent with already existing City policies pertaining to the
requirements for the extension of public utilities which would pertain to streets, sanitary
sewers, water mains, streetlights, fiberoptic network and bike/hike trails. Staff noted the
proposed amendment would codify the existing City policies and doing so would provide
transparency for applicants and developers and would allow the City to have a stronger
implementation of the existing policies.
The Zoning Advisory Commission questioned whether the proposed requirement to
extend public utilities is standard with development in other communities. Staff explained
that the proposed amendment is consistent with policies that the City has already been
implementing for a number of years, that codifying the policies would make the
requirements clear to developers and landowners, and that yes, other communities
typically have similar requirements to extend public utilities and that it's good planning
principles to be following.
There were no public comments.
Motion by Kemp, seconded by Christ, to approve the text amendment as submitted.
Motion carried by the following vote: Aye — Christ, Zuccaro, Sempf, Mulligan, and Kemp;
Nay — none.
Service People Integrity Responsibility Innovation Teamwork
The Honorable Mayor and City Council Members
Page 2
Recommendation
By a vote of 5 to 0, the Zoning Advisory Commission recommends that the City Council
approve the text amendment request.
A simple majority vote is needed for the City Council to approve the request.
Respectfully submitted,
Matt Mulligan, Chairperson
Zoning Advisory Commission
Attachments
Service People Integrity Responsibility Innovation Teamwork
Prepared by: Barry A. Lindahl, 300 Main Street, Suite 330, Dubuque, IA, 52001, (563) 583-4113
ORDINANCE NO. 2 - 23
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 16 UNIFIED
DEVELOPMENT CODE, CHAPTER 11 LAND SUBDIVISION, SECTION 16-11-8 BY
ADDING A NEW SUBSECTION B EXTENSION OF PUBLIC IMPROVEMENTS; AND
AMENDING CHAPTER 13 SITE DESIGN STANDARDS, SECTION 16-13-3 BY
ADDING A NEW SECTION 16-13-3-1 EXTENSION OF PUBLIC IMPROVEMENTS AND
RENUMBERING SECTIONS 16-13-3-2 THROUGH 16-13-3-7
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. City of Dubuque Code of Ordinances Section 16-11-8 is amended by
deleting Subsection B and substituting the following in lieu thereof:
16-11-8: SUBDIVISION DESIGN STANDARDS:
B. Extension of Public Improvements:
1. Definitions: For purposes of this Chapter, the following terms have the
following meanings:
Development: Any change to improved or unimproved real estate, including,
but not limited to, buildings or other structures, mining, dredging, filling,
grading, paving, excavation, or drilling operations for which necessary
permits may be required.
Fiberoptic network conduit: A pipe, vault, or duct used to enclose fiberoptic
cable facilities buried alongside a roadway or surface mounted on a bridge,
overpass, or other facility where placement below ground is impossible or
impractical. "Fiberoptic network conduit' does not include electronics or
cable.
Public Improvement: Streets, sanitary sewers, water mains, streetlights,
sidewalks, bike/hike trails, and fiberoptic network conduit.
2. Requirement of Developer: For all subdivision or site plan developments,
the developer shall extend all public improvements within and through the
subdivision or site development, and to the property lines, to provide for their
extension to adjacent properties.
Public improvements shall be designed and installed in accordance with the
current city standards and specifications and within the time frame specified in the
resolution approving the final plat or improvement plan. The developer shall pay
the total cost of engineering and construction of extensions of such public
improvements.
Plans for such extensions must be approved by the city engineer. The city engineer
may grant a waiver of the extension requirements on such terms and conditions
as the city engineer determines appropriate.
3. Water Mains:
a Water mains must be sized to meet requirements for domestic plus
fire flow water demands and in accordance with city. The city may require
the design and construction of water mains with the ability to service lands
other than the immediately adjoining land and may require installation of
water mains sized larger than the minimum required to provide domestic
and fire flow needs for the development. In this circumstance, the city will
consider reimbursing the developer for the incremental difference in
material cost above that of the cost for water main materials needed to
provide domestic and fire flow needs subject to the availability of funds as
determined by the city. The city will not reimburse the developer for water
mains above 8-inch if larger diameter water main is needed to provide
domestic plus fire flow water demands in the development.
b. Only mains sized larger than an 8-inch main may be considered
eligible for reimbursement purposes. The reimbursement will be based on
the difference in pipe and fitting costs only, and no allowance will be made
for the difference in installation costs. The developer must provide the city
engineer with a current pipe supplier price list for the water main pipe and
appurtenances needed to serve the development and the price for the
increased pipe size and appurtenances. The city engineer will calculate the
reimbursement amount and will document the reimbursement amount in an
agreement between the city and the developer.
a In areas where water main may be extended by a developer past
properties owned by others outside of the final plat so as to serve the area
of the final plat, such extension shall be at no expense to the city. The city
shall not be obligated to collect any portion of this cost for reimbursement
to the developer.
4. Sanitary Sewers:
a All sanitary sewers mains must be a minimum of 8-inch diameter
pipe.
b. The sanitary sewer extension must be sized by the developer and
approved by the city engineer to serve the development and the
development of upstream sewershed property that may be served by the
sewer extension.
c When the upstream sewershed property would require the developer
to increase the pipe diameter, the city will consider reimbursing the
developer for the incremental cost difference in sanitary sewer pipe above
the cost for sanitary sewer pipe needed to provide service for the
development, as determined by the city engineer and subject to the
availability of funds as determined the city. The reimbursement will be
based on the difference in sanitary sewer pipe costs only and no allowance
will be made for the difference in installation costs.
d. The city will not reimburse developers for any increase in sanitary
sewer pipe diameter beyond 8-inch diameter if the increase in size is a
direct result of the development needs.
5. The developer must provide the city engineer with a current pipe supplier
price list for the sanitary sewer pipe needed to serve the development and the
price for the increased sanitary sewer pipe size. The city engineer will calculate
the reimbursement amount and will document the reimbursement amount in an
agreement between the city and the developer.
6. When a developer is installing a sanitary sewer lift station to serve the
development, the developer is responsible for proper capacity sizing of the lift
station and force main to serve the development to accept flow from upstream
sewershed properties.
7. When the upstream sewershed properties would require the developer to
increase the sanitary sewer lift station capacity, the city will consider reimbursing
the developer for the incremental cost difference in sanitary sewer lift station
capacity above the cost for the sanitary sewer lift station needed to provide
capacity for the development, as determined by the city engineer and subject to
the availability of funds as determined by the city. The reimbursement will be based
on the difference in sanitary sewer lift station costs only and no allowance will be
made for the difference in installation costs.
.8. The developer must provide the city engineer with a current supplier price list
for the sanitary sewer lift station and force main needed to serve the development
and a separate price list for the components needed for the increased lift station
capacity. The city engineer will calculate the reimbursement amount and will
document the reimbursement amount in an agreement between the city and the
developer.
Section 2. City of Dubuque Code of Ordinances Title Section 16-13-3 is
amended by adding a new Section 16-13-3-1 as follows:
16-13-3-1 : EXTENSION OF PUBLIC IMPROVEMENTS:
A. Installation Of Improvements: Public improvements including streets, sanitary
sewers, storm sewers, stormwater management facilities, water mains, street lighting,
street trees, and sidewalks shall be installed in accordance with the city standards.
1. Definitions: For purposes of this Chapter, the following terms have the
following meanings:
Development: Any change to improved or unimproved real estate,
including, but not limited to, buildings or other structures, mining, dredging,
filling, grading, paving, excavation, or drilling operations for which
necessary permits may be required.
Fiberoptic network conduit: A pipe, vault, or duct used to enclose fiberoptic
cable facilities buried alongside a roadway or surface mounted on a bridge,
overpass, or other facility where placement below ground is impossible or
impractical. "Fiberoptic network conduit' does not include electronics or
cable.
Public Improvement: Streets, sanitary sewers, water mains, streetlights,
sidewalks, bike/hike trails, and fiber conduit.
2. Requirement of Developer: For all subdivision or site plan developments,
the developer shall connect all public improvements to other streets, sanitary
sewers, water mains, streetlights, and fiber network conduit, and bike/hike trails
within and through the subdivision or site development, and to the property lines,
to provide for their extension to adjacent properties.
Public improvements shall be designed and installed in accordance with the
current city standards and specifications and within the time frame specified in the
resolution approving the final plat or improvement plan. The developer shall pay
the total cost of engineering and construction of extensions of such public
improvements.
Plans for such extensions must be approved by the city engineer. The city
engineer may grant a waiver of the extension requirements on such terms and
conditions as the city engineer determines appropriate.
3. Water Mains:
a. Water mains must be sized to meet requirements for domestic plus
fire flow water demands and in accordance with city. The city may require
the design and construction of water mains with the ability to service lands
other than the immediately adjoining land and may require installation of
water mains sized larger than the minimum required to provide domestic
and fire flow needs for the development. In this circumstance, the city shall
reimburse the developer for .the incremental difference in material cost
above that of the cost for water main materials needed to provide domestic
and fire flow needs. The city will not reimburse the developer for water
mains above 8-inch if larger diameter water main is needed to provide
domestic plus fire flow water demands in the development.
b. Only mains sized larger than an 8-inch main may be considered
eligible for reimbursement purposes. The reimbursement will be based on
the difference in pipe and fitting costs only, and no allowance will be made
for the difference in installation costs. The developer must provide the city
engineer with a current pipe supplier price list for the water main pipe and
appurtenances needed to serve the development and the price for the
increased pipe size and appurtenances. The city engineer will calculate the
reimbursement amount and will document the reimbursement amount in an
agreement between the city and the developer.
C. In areas where water main may be extended by a developer past
properties owned by others outside of the final plat so as to serve the area
of the final plat, such extension shall be at no expense to the city. The city
shall not be obligated to collect any portion of this cost for reimbursement
to the developer.
4. Sanitary Sewers:
a. All sanitary sewers mains must be a minimum of 8-inch diameter
pipe.
b. The sanitary sewer extension must be sized by the developer and
approved by the city engineer to serve the development and the
development of upstream sewershed property that may be served by the
sewer extension.
C. When the upstream sewershed property would require the developer
to increase the pipe diameter, the city shall reimburse the developer for the
incremental difference in sanitary sewer pipe cost above the cost for
sanitary sewer pipe needed to provide service for the development. The
reimbursement will be based on the difference in sanitary sewer pipecosts
only and no allowance will be made for the difference in installation costs.
d. The city will not reimburse developers for any increase in sanitary
sewer pipe diameter beyond 8-inch diameter if the increase in size is a
direct result of the development needs.
5. The developer must provide the city engineer with a current pipe supplier
price list for the sanitary sewer pipe needed to serve the development and the
price for the increased sanitary sewer pipe size. The city engineer will calculate
the reimbursement amount and will document the reimbursement amount in an
agreement between the city and the developer.
6. When a developer is installing a sanitary sewer lift station to serve the
development, the developer is responsible for proper capacity sizing of the lift
station to accept flow from upstream sewershed properties.
7. When the upstream sewershed properties would require the developer to
increase the sanitary sewer lift station capacity, the city shall reimburse the
developer for the incremental difference in sanitary sewer lift station capacity cost
above the cost for the sanitary sewer lift station needed to provide capacity for the
development as determined by the city engineer. The reimbursement will be based
on the difference in sanitary sewer lift station costs only and no allowance will be
made for the difference in installation costs.
Section 3. Sections 16-13-3-1 through 16-13-3-6 are renumbered as follows:
16-13-3-2 : SITE LIGHTING:
16-13-3-3 : UTILITY LOCATIONS:
16-13-3-4 : STORMWATER MANAGEMENT:
16-13-3-5 : PARKING STRUCTURES:
16-13-3-6 :PARKING LOT LAYOUT:
16-13-3-6-1 : PARKING LOT PROVISIONS FOR BICYCLE PARKING:
16-13-3-6-2 : PARKING LOT LIGHTING:
16-13-3-6-3 : STANDARD PARKING SPACE DIMENSIONS:
16-13-3-7 :SIDEWALKS AND WALKWAYS:
Section 4. This ordinance shall take effect upon publication.
Passed, approved, and adopted this 17th day of January, 2023.
d2cda�
Lau X J. R ssell, Mayor Pro Tern
Attest:
C� ! AXE/'/iLQi 1
Adrienne N. Breiffelder, City Clerk
EFFECT OF AMENDMENT
16-11-8: SUBDIVISION DESIGN STANDARDS:
._ .. ..
me
• .. lat:..
..
B. Extension of Public Improvements:
1. Definitions: For purposes of this Chapter, the following terms have the
following meanings:
Development: Any change to improved or unimproved real estate
including, but not limited to buildings or other structures mining dredging
filling, grading, excavation or drillina operations for which
necessary permits may be required.
Fiberoptic network conduit: A pipe vault or duct used to enclose fberoptic
cable facilities buried alongside a roadway or surface mounted on a bridge
overpass, or other facility where placement below ground is impossible or
impractical. "Fiberoptic network conduit" does not include electronics or
cable.
Public Improvement: Streets sanitary sewers water mains streetlights
sidewalks, bike/hike trails and fiber conduit
2. Requirement of Developer: For all subdivision or site plan developments
the developer shall connect all public improvements to other streets sanitary
sewers, water mains, streetlights and fiber network conduit and bike/hike trails
within and through the subdivision or site development and to the property lines
to provide for their extension to adjacent properties
Public improvements shall be designed and installed in accordance with the
current city standards and specifications and within the time frame specified in the
resolution approving the final plat or improvement plan The developer shall pay
the total cost of engineering and construction of extensions of such public
improvements.
Plans for such extensions must be approved by the city engineer. The city
engineer may grant a waiver of the extension requirements on such terms and
conditions as the city engineer determines appropriate
3. Water Mains:
d. The city will not reimburse developers for any increase in sanitary
sewer pipe diameter beyond 8-inch diameter if the increase in size is a
direct result of the development needs.
5. The developer must provide the city engineer with a current pipe supplier
price list for the sanitary sewer pipe needed to serve the development and the
price for the increased sanitary sewer pipe size The city engineer will calculate
the reimbursement amount and will document the reimbursement amount in an
agreement between the city and the developer.
6. When a developer is installing a sanitary sewer lift station to serve the
development, the developer is responsible for proper capacity sizing of the lift
station to accept flow from upstream sewershed properties
7. When the upstream sewershed properties would require the developer to
increase the sanitary sewer lift station capacity, the city shall reimburse the
developer for the incremental difference in sanitary sewer lift station capacity cost
above the cost for the sanitary sewer lift station needed to provide capacity for
the development as determined by the city engineer. The reimbursement will be
based on the difference in sanitary sewer lift station costs only and no allowance
will be made for the difference in installation costs.
16-13-3-1: EXTENSION OF PUBLIC IMPROVEMENTS:
A. Installation Of Improvements: Public improvements including streets sanitary
sewers, storm sewers stormwater management facilities water mains street lighting
street trees, and sidewalks shall be installed in accordance with the city standards
1. Definitions: For purposes of this Chapter, the following terms have the
following meanings:
Development: Any change to improved or unimproved real estate
including, but not limited to buildings or other structures mining dredging
filling, grading paving excavation or drilling operations for which
necessary permits may be required.
Fiberoptic network conduit: A pipe vault or duct used to enclose fiberoptic
cable facilities buried alongside a roadway or surface mounted on a bridge
overpass, or other facility where placement below ground is impossible or
impractical. "Fiberoptic network conduit" does not include electronics or
cable.
Public Improvement: Streets sanitary sewers water mains streetlights
sidewalks, bike/hike trails, and fiber conduit.
4. Sanitary Sewers:
a. All sanitary sewers mains must be a minimum of 8-inch diameter
pipe.
b. The sanitary sewer extension must be sized by the developer and
approved by the city engineer to serve the development and the
development of upstream sewershed property that may be served by the
sewer extension.
C. When the upstream sewershed property would require the developer
to increase the pipe diameter, the city shall reimburse the developer for the
incremental difference in sanitary sewer pipe cost above the cost for
sanitary sewer pipe needed to provide service for the development The
reimbursement will be based on the difference in sanitary sewer pipe costs
only and no allowance will be made for the difference in installation costs
d. The city will not reimburse developers for any increase in sanitary
sewer pipe diameter beyond 8-inch diameter if the increase in size is a
direct result of the development needs
5. The developer must provide the city engineer with a current pipe supplier
price list for the sanitary sewer pipe needed to serve the development and the
price for the increased sanitary sewer pipe size The city engineer will calculate
the reimbursement amount and will document the reimbursement amount in an
agreement between the city and the developer.
6. When a developer is installinq a sanitary sewer lift station to serve the
development, the developer is responsible for proper capacity sizing of the lift
station to accept flow from upstream sewershed properties
7. When the upstream sewershed properties would require the developer to
increase the sanitary sewer lift station capacity, the city shall reimburse the
developer for the incremental difference in sanitary sewer lift station capacity cost
above the cost for the sanitary sewer lift station needed to provide capacity for
the development as determined by the city engineer. The reimbursement will be
based on the difference in sanitary sewer lift station costs only and no allowance
will be made for the difference in installation costs
(Sections 16-13-3-1 through 16-13-3-6 are renumbered as 16-13-3-2 through 16-13 3 71
Dubuque
THE CR'Y OF
[
City of Dubuque
DT T�
er.smoq
1
Planning Services Department
Dub 52001-4845
V
E If
Phone;A
563-589-4210
2007•2012•2013
Masterpiece on the Mississippi 2017*2019
Fax: 563-589-4221
planning@citvofdubupue.org
APPLICATION•
Zoning Advisory
Zoning Board of
Development Services
Historic Preservation Commission
Commission
Adiustment
❑ Annexation
El Demolition
❑ Amended PUD
❑ Conditional Use Permit
❑ Limited Setback Waiver
❑ Historic Revolving Loan
❑ Rezoning/PUD/ID
❑ Special Exception
❑ Site Plan Simple
❑ Certificate of Economic Non -Viability
x❑ Text Amendment
❑ Variance
❑ Site Plan Minor
❑ Design Review Certificate of
❑ Simple Subdivision
❑ Appeal
❑ Site Plan Major
Appropriateness
❑ Preliminary Plat
❑ Simple Subdivision
❑ Advisory Design Review (Public
❑ Major Final Plat
❑ Temporary Use Permit
Projects)
❑ Minor Final Plat
❑ Port of Dubuque/
❑ Historic Designation:
❑ Waiver from Site
Chaplain Schmitt Island
Design Standards
Design Review
Please
complete the applicable
sections below. Please type
orprint legibly,
A. Property Information
Site Location/Address: N/A
Legal Description/Parcel ID#/Subdivision: N/A
Existing Zoning: N/A Proposed Zoning: N/A
Historic District: N/A
Site Area (square feet/acres):
N/A
Landmark: ❑ Yes ® No
B. Describe proposal and reason for application (attach a letter of explanation, if necessary):
Amend the UDC Section 16-11-8 Subdivision Design Standards and Section 16-13-4 Site Development
Requirements regarding extension of public utilities.
C. Applicant/Agent Information
Name; Michael Van Milligen Phone: 563-589-4110
Address: City Hall - 50 W. 13th Street City: Dubuque
State:lA zip:52001 Email:
D. Property Owner(s) Information
Name(s): City of Dubuque Phone:
Address:
State: Zip:
Email:
E. Certification: I/we, the undersigned, do hereby certify/acknowledge that:
City:
1. Payment does not guarantee approval and fees are nonrefundable;
2. All additional required written and graphic materials are attached;
3. It is the property owner's responsibility to locate property lines and to review the abstract for easements and restrictive
covenants; and
4.The information submitted herein is true and correct to the best of my/our knowledge and upon submittal becomes
public record. Applicant/Agent'. Date: / d-3
Property Owner(s):
Date:
Fee $ Ck# ❑CC ❑Cash Received by Date
THE CITY OF
DUB El
Masterpiece on the Mississippi
TO: Zoning Advisory Commission
FROM: Shena Moon, Associate Planner
Dubuque
AII-Ameeica City
1II��r
2007-2012t2013
2017*2019
December 28, 2022
SUBJECT: Text Amendment for the Extension of Public Improvements
INTRODUCTION
This memo transmits an ordinance for a proposed Text Amendment to the Unified
Development Code Section 16-11-8 Subdivision Design Standards and Section 16-13-3
Site Development Requirements regarding the extension of public improvements.
The UDC notes: "Text amendments are intended for wholesale changes to the zoning
regulations, as a means for the City to respond to changing conditions and emerging
trends in the community. Text amendments are not property specific."
BACKGROUND
The City of Dubuque currently has established policies outlining the requirements for
the extension of public improvements. These policies outline the requirement for
developers to extend all public improvements to other streets, sanitary sewers, water
mains, streetlights, and fiberoptic network conduit, and bike/hike trails within and
through the subdivision or site development, and to the property lines to provide the
extension to adjacent properties.
These policies have been consistently implemented for development throughout the
City and staff is now seeking to codify these policies into the Unified Development Code
to ensure that the policies continue to be implemented for all applicable development
within the City.
DISCUSSION
The proposed text amendment would modify the Unified Development Code Section 16-
11-8 regarding Subdivision Design Standards and Section 16-13-3 regarding Site
Development Requirements. These sections would both be updated to incorporate the
City's current policies regarding the extension of public improvements. Staff has
provided the attached draft ordinance and effect of amendment outlining the proposed
amendments to the Unified Development Code.
RECOMMENDATION
In conclusion, Planning staff recommends that the Unified Development Code Section
16-11-8 Subdivision Design Standards and Section 16-13-3 Site Development
Requirements be amended to include current City policies for the extension of public
improvements.
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:
01/06/2023
an i for which the charge is 36.89
Subscribed to before me, a Notary Pub 'c in and for
Dubuque County, Iowa,
this 6th day of January, 2023
D
Notary 9 is in and for Dubuque County, Iowa.
pIAL JANET K. PAPE
oP.= P Commission Number 199659
4064,
,, 1,; • My Commission Expires
tawh 12/11/2025
Ad text : CITY OF DUBUQUE, IOWA
OFFICIAL NOTICE
PUBLIC NOTICE is hereby given that the Dubuque City Council
will conduct public hearings on the 17th day of January 2023,
at 6:30 p.m., in the Historic Federal Building, 350 W. 6th
Street, 2nd floor, Dubuque, Iowa, on the following:
1. "AMEND PLANNED UNIT DEVELOPMENT
Request from Joe Meyers, ImOn Communications, for property
located at 10490 Lake Eleanor Dr., to amend the Dubuque
Technology Park Planned Unit Development to accommodate a
fiber optic hub.
2."TEXT AMENDMENT
Request from the City of Dubuque to amend the Unified
Development Code Section 16-11-8 Subdivision Design Standards
and Section 16-13-3 Site Development Requirements regarding
extension of public improvements.
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,
etyclerk@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 1/6
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:
01/20/2023
and for which the charge is 180.52
ate,
Subscribed to before me, a ` otary Public in and or
Dubuque County, Iowa,
this 20th day of January, 2023
Notary Pubin and for Dubuque Co nty, Iowa,
JANET K. PAPE
Commission Number 199659
° My Commission Expires
12/11/2025
Ad text : CITY OF DUBUQUE
OFFICIAL PUBLICATION
ORDINANCE NO. 2 - 23
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 16 UNIFIED
DEVELOPMENT CODE, CHAPTER 11 LAND SUBDIVISION, SECTION 16-11-8
BY ADDING A NEW SUBSECTION B EXTENSION OF PUBLIC IMPROVEMENTS;
AND AMENDING CHAPTER 13 SITE DESIGN STANDARDS, SECTION 16-13-3
BY ADDING A NEW SECTION 16-13-3-1 EXTENSION OF PUBLIC
IMPROVEMENTS AND RENUMBERING SECTIONS 16-13-3-2 THROUGH
16-13-3-7
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1."City of Dubuque Code of Ordinances Section
16-11-8 is amended by deleting Subsection B and substituting
the following in lieu thereof:
16-11-8: SUBDIVISION DESIGN STANDARDS:
B. "Extension of Public Improvements:
1. "Definitions: For purposes of this Chapter, the following
terms have the following meanings:
Development: Any change to improved or unimproved real
estate, including, but not limited to, buildings or other
structures, mining, dredging, filling, grading, paving,
excavation, or drilling operations for which necessary permits
may required.
Fiberoptic network conduit: A pipe, vault, or duct used to
enclose fiberoptic cable facilities buried alongside a roadway
or surface mounted on a bridge, overpass, or other facility
where placement below ground is impossible or impractical.
Fiberoptic network conduit does not include electronics or
cable.
Public Improvement: Streets, sanitary sewers, water mains,
streetlights, sidewalks, bike/hike trails, and fiberoptic
network conduit.
2. "Requirement of Developer: For all subdivision or site
plan developments, the developer shall extend all public
improvements within and through the subdivision or site
development, and to the property lines, to provide for their
extension to adjacent properties.
Public improvements shall be designed and installed in
accordance with the current city standards and specifications
and within the time frame specified in the resolution
approving the final plat or improvement plan. The developer
shall pay the total cost of engineering and construction of
extensions of such public improvements.
Plans for such extensions must be approved by the city
engineer. The city engineer may grant a waiver of the
extension requirements on such terms and conditions as the
city engineer determines appropriate.
3. "Water Mains:
a. "Water mains must be sized to meet requirements for
domestic plus fire flow water demands and in accordance with
city. The city may require the design and construction of
water mains with the ability to service lands other than the
immediately adjoining land and may require installation of
water mains sized larger than the minimum required to provide
domestic and fire flow needs for the development. In this
circumstance, the city will consider reimbursing the developer
for the incremental difference in material cost above that of
the cost for water main materials needed to provide domestic
and fire flow needs subject to the availability of funds as
determined by the city. The city will not reimburse the
developer for water mains above 8-inch if larger diameter
water main is needed to provide domestic plus fire flow water
demands in the development.
b. "Only mains sized larger than an 8-inch main may be
considered eligible for reimbursement purposes. The
reimbursement will be based on the difference in pipe and
fitting costs only, and no allowance will be made for the
difference in installation costs. The developer must provide
the city engineer with a current pipe supplier price list for
the water main pipe and appurtenances needed to serve the
development and the price for the increased pipe size and
appurtenances. The city engineer will calculate the
reimbursement amount and will document the reimbursement
amount in an agreement between the city and the developer.
c."In areas where water main may be extended by a developer
past properties owned by others outside of the final plat so
as to serve the area of the final plat, such extension shall
be at no expense to the city. The city shall not be obligated
to collect any portion of this cost for reimbursement to the
developer.
4. "Sanitary Sewers:
a. "All sanitary sewers mains must be a minimum of 8-inch
diameter pipe.
b. "The sanitary sewer extension must be sized by the
developer and approved by the city engineer to serve the
development and the development of upstream sewershed property
that may be served by the sewer extension.
c. "When the upstream sewershed property would require the
developer to increase the pipe diameter, the city will
consider reimbursing the developer for the incremental cost
difference in sanitary sewer pipe above the cost for sanitary
sewer pipe needed to provide service for the development, as
determined by the city engineer and subject to the
availability of funds as determined the city. The
reimbursement will be based on the difference in sanitary
sewer pipe costs only and no allowance will be made for the
difference in installation costs.
d. "The city will not reimburse developers for any increase
in sanitary sewer pipe diameter beyond 8-inch diameter if the
increase in size is a direct result of the development needs.
5. "The developer must provide the city engineer with a
current pipe supplier price list for the sanitary sewer pipe
needed to serve the development and the price for the
increased sanitary sewer pipe size. The city engineer will
calculate the reimbursement amount and will document the
reimbursement amount in an agreement between the city and the
developer.
6. "When a developer is installing a sanitary sewer lift
station to serve the development, the developer is responsible
for proper capacity sizing of the lift station and force main
to serve the development to accept flow from upstream sewer
shed properties.
7."When the upstream sewer shed properties would require the
developer to increase the sanitary sewer lift station
capacity, the city will consider reimbursing the developer for
the incremental cost difference in sanitary sewer lift station
capacity above the cost for the sanitary sewer lift station
needed to provide capacity for the development, as determined
by the city engineer and subject to the availability of funds
as determined by the city. The reimbursement will be based on
the difference in sanitary sewer lift station costs only and
no allowance will be made for the difference in installation
costs.
8. The developer must provide the city engineer with a
current supplier price list for the sanitary sewer lift
station and force main needed to serve the development and a
separate price list for the components needed for the
increased lift station capacity. The city engineer will
calculate the reimbursement amount and will document the
reimbursement amount in an agreement between the city and the
developer.
Section 2. "City of Dubuque Code of Ordinances Title Section
16-13-3 is amended by adding a new Section 16-13-3-1 as
follows:
16-13-3-1": EXTENSION OF PUBLIC IMPROVEMENTS:
A. "Installation Of Improvements: Public improvements
including streets, sanitary sewers, storm sewers, stormwater
management facilities, water mains, street lighting, street
trees, and sidewalks shall be installed in accordance with the
city standards.
1. "Definitions: For purposes of this Chapter, the following
terms have the following meanings:
Development: Any change to improved or unimproved real
estate, including, but not limited to, buildings or other
structures, mining, dredging, filling, grading, paving,
excavation, or drilling operations for which necessary permits
may be required.
Fiberoptic network conduit: A pipe, vault, or duct used to
enclose fiberoptic cable facilities buried alongside a roadway
or surface mounted on a bridge, overpass, or other facility
where placement below ground is impossible or impractical.
Fiberoptic network conduit does not include electronics or
cable.
Public Improvement: Streets, sanitary sewers, water mains,
streetlights, sidewalks, bike/hike trails, and fiber conduit.
2. "Requirement of Developer: For all subdivision or site
plan developments, the developer shall connect all public
improvements to other streets, sanitary sewers, water mains,
streetlights, and fiber network conduit, and bike/hike trails
within and through the subdivision or site development, and to
the property lines, to provide for their extension to adjacent
properties.
Public improvements shall be designed and installed in
accordance with the current city standards and specifications
and within the time frame specified in the resolution
approving the final plat or improvement plan. The developer
shall pay the total cost of engineering and construction of
extensions of such public improvements.
Plans for such extensions must be approved by the city
engineer. The city engineer may grant a waiver of the
extension requirements on such terms and conditions as the
city engineer determines appropriate.
3. "Water Mains:
a. "Water mains must be sized to meet requirements for
domestic plus fire flow water demands and in accordance with
city. The city may require the design and construction of
water mains with the ability to service lands other than the
immediately adjoining land and may require installation of
water mains sized larger than the minimum required to provide
domestic and fire flow needs for the development. In this
circumstance, the city shall reimburse the developer for the
incremental difference in material cost above that of the cost
for water main materials needed to provide domestic and fire
flow needs. The city will not reimburse the developer for
water mains above 8-inch if larger diameter water main is
needed to provide domestic plus fire flow water demands in the
development.
b. "Only mains sized larger than an 8-inch main may be
considered eligible for reimbursement purposes. The
reimbursement will be based on the difference in pipe and
fitting costs only, and no allowance will be made for the
difference in installation costs. The developer must provide
the city engineer with a current pipe supplier price list for
the water main pipe and appurtenances needed to serve the
development and the price for the increased pipe size and
appurtenances. The city engineer will calculate the
reimbursement amount and will document the reimbursement
amount in an agreement between the city and the developer.
c. "In areas where water main may be extended by a developer
past properties owned by others outside of the final plat so
as to serve the area of the final plat, such extension shall
be at no expense to the city. The city shall not be obligated
to collect any portion of this cost for reimbursement to the
developer.
4. "Sanitary Sewers:
a. "All sanitary sewers mains must be a minimum of 8-inch
diameter pipe.
b. "The sanitary sewer extension must be sized by the
developer and approved by the city engineer to serve the
development and the development of upstream sewershed property
that may be served by the sewer extension.
c. "When the upstream sewershed property would require the
developer to increase the pipe diameter, the city shall
reimburse the developer for the incremental difference in
sanitary sewer pipe cost above the cost for sanitary sewer
pipe needed to provide service for the development. The
reimbursement will be based on the difference in sanitary
sewer pipe costs only and no allowance will be made for the
difference in installation costs.
d. "The city will not reimburse developers for any increase
in sanitary sewer pipe diameter beyond 8-inch diameter if the
increase in size is a direct result of the development needs.
5. "The developer must provide the city engineer with a
current pipe supplier price list for the sanitary sewer pipe
needed to serve the development and the price for the
increased sanitary sewer pipe size. The city engineer will
calculate the reimbursement amount and will document the
reimbursement amount in an agreement between the city and the
developer.
6. "When a developer is installing a sanitary sewer lift
station to serve the development, the developer is responsible
for proper capacity sizing of the lift station to accept flow
from upstream sewershed properties.
7. "When the upstream sewershed properties would require the
developer to increase the sanitary sewer lift station
capacity, the city shall reimburse the developer for the
incremental difference in sanitary sewer lift station capacity
cost above the cost for the sanitary sewer lift station needed
to provide capacity for the development as determined by the
city engineer. The reimbursement will be based on the
difference in sanitary sewer lift station costs only and no
allowance will be made for the difference in installation
costs.
Section 3. Sections 16-13-3-1 through 16-13-3-6 are
renumbered as follows:
16-13-3-2" : SITE LIGHTING:
16-13-3-3": UTILITY LOCATIONS:
16-13-3-4": STORMWATER MANAGEMENT:
16-13-3-5": PARKING STRUCTURES:
16-13-3-6"; PARKING LOT LAYOUT:
16-13-3-6-1": PARKING LOT PROVISIONS FOR BICYCLE PARKING:
16-13-3-6-2": PARKING LOT LIGHTING:
16-13-3-6-3": STANDARD PARKING SPACE DIMENSIONS:
16-13-3-7": SIDEWALKS AND WALKWAYS:
Section 4. This ordinance shall take effect upon
publication.
Passed, approved, and adopted this 17th day of January,
2023.
/s/ Laura J. Roussell, Mayor Pro Tem
Attest: /s/Adrienne N. Breitfelder, CMC, City Clerk
Published officially in the Telegraph Herald newspaper on
the 20th day of January, 2023.
/s/Adrienne N. Breitfelder, City Clerk
It 1/20