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Amending South Pointe Planned Unit Development_HearingCity of Dubuque City Council Meeting Public Hearings # 01. Copyrighted November 20, 2023 ITEM TITLE: Amending South Pointe Planned Unit Development SUMMARY: Proof of publication on notice of public hearing to consider a request from Aaron Healey to amend Zone B of the South Pointe Planned Unit Development to allow increased lot coverage and reduced front and rear yard setbacks for townhome development, and Zoning Advisory Commission recommending approval. ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances Unified Development Code by rescinding Ordinance 39-18 which provides regulations for the South Pointe PUD Planned Unit Development District with a Planned Residential Designation and now being amended to modify lot coverage and setback requirements for townhouse dwellings SUGGESTED Suggested Disposition: Receive and File; Motion B; Motion DISPOSITION: ATTACHMENTS: Description Type ZAC Letter to Council Supporting Documentation Application Supporting Documentation Vicinity Map Supporting Documentation Staff Report Supporting Documentation Letter of Opposition Supporting Documentation Effect of Amendment Supporting Documentation Ordinance Ordinance Presentation Supporting Documentation 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 Applicant: Aaron Healey Location: South Pointe Subdivision Dubuque �II•Aneiiq ®q wnxuE nr.ic II 2007,2012.2013 2017*2019 November 1, 2023 Description: To Amend Zone B of the South Pointe Planned Unit Development to allow increased lot coverage and reduced front and rear yard setbacks for townhome development. 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 Tom Larsen, 1212 Locust Street, representing the applicant, spoke in favor of the request. He explained that the requested setback and lot coverage regulations are already allowed for two-family dwellings and two -unit townhomes, and they would like to extend those regulations to include townhome developments of three- to six -units within Zone B of the PUD area. Mr. Larsen, during applicant rebuttal, expressed that the change would not reduce the amount of greenspace because two -unit townhomes and duplexes are already allowed the 50% lot coverage and reduced front and rear yard setbacks, so they are seeking the same standards for townhomes ranging from three- to six -units. Staff detailed the staff report noting that the applicant is looking to amend Zone B of the PUD only, and that this change would only apply to townhomes and not all multi -family development. He explained that the bulk standards for two -unit townhomes are less strict and allow for a 10' front and rear setback and 50% lot coverage. He noted that most development in Zone B has been two -unit townhomes and therefore the 10' setbacks and 50% lot coverage have been applied to those developments. He said the change would not allow for an increased number of dwelling units and therefore would not increase traffic. He also noted that it would allow multiunit -townhouse structures greater coverage than they currently are allowed, but that the standards are similar to the existing development within Zone B and is therefore not expected to have a substantial impact on the neighborhood. Commissioner Russell asked if townhome dwellings of three- to six -units have a greater setback. Mr. Larsen noted that they follow R-3 standards, which are more restrictive, and Service People Integrity Responsibility Innovation Teamwork The Honorable Mayor and City Council Members Page 2 the request is to make all townhome dwellings have the same regulations as the two -unit townhome and duplex development is allowed to have currently. Public input included three property owners within the South Pointe PUD. One public input was neither for or against the project. The remaining two noted concerns regarding a reduction of greenspace in their rear yards and being closer to neighbors. The Zoning Advisory Commission discussed the request noting that there are currently two -unit townhomes constructed with the shorter 10' front and rear setbacks and the 50% lot coverage, so it seemed appropriate for multiunit-town homes to have the same standards. Ultimately, the Commission found the request appropriate. Recommendation By a vote of 4 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, 14 Matt Mulligan, Chairpe son Zoning Advisory Commission Attachments CC' Aaron Healey, Ruhl & Ruhl, 600 Star Brewery Drive Tom Larsen, Buesing & Associates, 1212 Locust Street Service People Integrity Responsibility Innovation Teamwork Tl Il CITY OF DUB E M(Isterpit°re u), the Mississippi ZoningAdviso Commission ❑x Amended PUD ❑ Rezoning/PUD/ID 0 Text Amendment ❑ Simple Subdivision ❑ Preliminary Plat ❑ Major Final Plat ❑ Minor Final Plat ❑ Waiver from Site Design Standards Zonincl Board of Ad ustment ❑ Conditional Use Permit ❑ Special Exception ❑ Variance ❑ Appeal Development Services ❑ Annexation ❑ Limited Setback Waiver ❑ Site Plan Simple ❑ Site Plan Minor ❑ Site Plan Major ❑ Simple Subdivision ❑ Temporary Use Permit ❑ Port of Dubuque/ Chaplain Schmitt Island Design Review A. Property Information Site Location/Address: South Pointe South Pointe City of Dubuque Planning Services Department Dubuque, IA 52001-4845 Phone:563-589-4210 Fax; 563-589-4221 tannin ei ofdubu ue,a Historic Preservation Commission ❑ Demolition Review ❑ Historic Revolving Loan ❑ Certificate of Economic Non Viability ❑ Design Review Certificate of Appropriateness ❑ Advisory Design Review (Public Projects) ❑ Historic Designation Legal Description/Parcel ID#/Subdivision: 95.921 ac. Existing Zoning. PU.. � - Proposed Zoning: N/A Site Area (square feet/acres): _andmark: ❑Yes ®No Historic District: B. Describe proposal and reason for application (attach a letter of explanation, if necessary): , — ,.-----inne to incilide all multi-famil C. Applicant/Agent information (563) 513-8668 Name. Aaron Healy, Ruh[ & Ruhl Phone: Dubuque Address: 600 Star Brewery Dr city: state: lP` Zip; 52001 Email: aaronhealy@ruhlhomes.com D. Property Owner(s) Information IMe5 (i'Z`k�26k Name(s): Dubuque South Pointe, LLC, c/o [fir Phone: Address: PO Box 141 city. East Dubuque State: 1L Zip: 61025 Email: E. Certification: I/we, the undersigned, do hereby certify/acknowledge that: 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 f my/our knowledge and upon submittal becomes public record. Date: Applicant/Agent: _ Date: Property Owner(s): �1 Data �—/`7J� $ Ck# �lS� ❑CC Cash Received by N. AG 1735 1717 1741� 1730 1740 172 R-2 1744 1755 1750 �z 1754 1�7�67 1762 >'/1768'-', R/ 2327 1699 1800 1999 2001 17 R 1 2319 16811657 16291611 2033 R'1 ��;;205�,( 0 1705 1 �' 16022170 1722 1710•��R'2 16461636 2200 2333 1,7001692' 1666 ; 2026 22031--1535 F IP 1032 2215`` 10291520a 015 22331505 2260 C-3CO24 2162 1015 1001100722372247 2270 2165 10181012RM 1410 _ 2290 O.SC 218`0 2175 20192013 2005 • L�1490 1560 2300 2NC- 017 GMV* PR O 2155 20022008 100 2014 2323 2330 2323 •• 2418 2321 2340 2189 2357 2245 -�1 2430 23452365 2443 24592462 R'l 2325 1368� 103 1355 2453. 2448 2455 2255 1�l '3500 3355 1365�2465 144814601470 1492 ° 2468 1461.2464 1351 13691373 ■ 24,722475' C-3C 1471 14� 24612456 2461 1359 1356 1385 .° 1423 14431461 1483 ' 24821560 226 •24531401 1379�65 1362 1379 e o 2275 2266 1466 1458 • 2455 1368 1565 _ 12591223119511551125 2520 14�21438 1406 13861380 25390 113025352530 2551 - 2550 1400 254312901246 11981160 / 2577 03 - 12891263 1219 1187 2575 2550__2573 . _ ° - - . / C 2611 ° 1230 2594 ° 2590 / 2554 2604 `0041001 2614 26412612 2615. 2610 R�1 2580 / 1007 999 / 2611 / AG 2706 2701 2644 264226452640 h 2600 61 , AG 2712 2705PR2672 2660 2677 ``_3/ - 2717 2700 2674 2670 L / 9442 2726 2745 ° 2727 2740 2690 C� 12732 2710 g 2742927432775 2790 2745. 2712 0° 2752 ° 1145 2740 2757 OBEEMM 2753 2742 999 ° 9603 2762 2767 1170 1120 2770 2777 2785 2791 2797 (1 -2 9634 ° 9573 2772 ', 2783 9665 9590 • 10949 2772 2776 ct-3 2801 . � 9637 95481 1 2782 2788 2794 2802 9672 9642 a 95939565 11 90 10924 —R=1 9610 ° •• 9545 o- e 10847 G AGplI 956291g084 C-3 / 108829 Vicinity Map OW Applicant: Aaron Healy, Ruhl & Ruhl Location: South Pointe Subdivision Description: To amend Zone B of the South Pointe Planned Unit Development to allow increased lot coverage and reduced front and rear yard setbacks for townhome development. City limits Q South Pointe PUD 0 250 500 1,000 N Feet A 1:8,000 THE CITY OF DUB E Masterpiece on the Mississippi Dubuque Planning Services Department r City Hall - 50 West 131h Street AII•AmerieaCil Dubuque, IA 52001-4845 (563) 589-4210 phone (563) 589-4221 fax I®� (563) 690-6678 TDD planning@cityofdubuque.org 2007+2012+2013 2017*2019 October 23, 2023 TO: Zoning Advisory Commission FROM: Travis Schrobilgen, Assistant Planner SUBJECT: To amend Zone B of the South Pointe Planned Unit Development to allow increased lot coverage and reduced front and rear yard setbacks for townhome development. INTRODUCTION The applicant, Aaron Healy, is requesting to amend the existing South Pointe Planned Unit Development (PUD) to amend Zone B of the South Pointe Planned Unit Development to allow increased lot coverage and reduced front and rear yard setbacks for townhome development. The proposed amendment would increase maximum lot coverage and allow 10-foot front and rear yard setbacks. BACKGROUND The South Pointe Planned Unit Development is located south and west of Tower Drive and west of Rockdale Road. The PUD is accessed from Rockdale Road via South Pointe Drive. The PUD was originally established in 2016, Ordinance 14-16, with a PR Planned Residential designation and established three land use zones (A, B, C) throughout the PUD area. A few amendments to the PUD were later approved in 2017 (Ordinance 43-17) and two in 2018 (Ordinance 14-18 and Ordinance 39-18). The applicant is now requesting to amend the current ordinance (Ordinance 39-18) to modify the bulk standards related specifically to townhomes within Zone B of the PUD. PUD area and Zone B identified in the image on the following page. Memo to Zoning Advisory Commission Page 2 EXH I BIT 1 JI - m Sivri } SS Z11xjq DISCUSSION The applicant is seeking to construct multi -unit townhomes within Zone B of the South Pointe PUD. Currently, duplexes and two -unit townhomes are permitted to cover 50% of a lot and require 10' front and rear yard setbacks while townhomes of more than two units permit a maximum coverage of 40% of the lot and 20' front and rear yard setbacks. The applicant is looking to amend the PUD so that all townhomes, up to six units, would be allowed the less restrictive 50% lot coverage and 10' front and rear setbacks. The current Zone B language states: 1) Development of property within Zone B of the South Pointe Planned Unit Development shall be regulated by Section 16-5-5 of the Unified Development Code, R-3 Moderate Density Multi -Family Residential, except that lots with two -unit townhomes and duplexes are allowed 50 percent maximum coverage, 10-foot front yard and rear yard setbacks. Open decks are allowed a 2-foot rear yard setback but may not encroach on access and utility easements." Memo to Zoning Advisory Commission Page 2 The proposed PUD amendment would strike "two -unit" (bold text above) from the text of Zone B and would read as below — in part: "...R-3 Moderate Density Multi -Family Residential, except that lots with townhomes and duplexes are allowed..." All other regulations such as residence type, building height, lot sizes, parking requirements, signage, and other requirements would remain unchanged. The proposed amendment would not increase density regarding the number of units permitted within the PUD but would permit increased density regarding structural coverage as it would permit a larger footprint. The proposed amendment is not expected to have a substantial impact on development or on the neighborhood within the area because it would not increase the density of units or increase traffic and would be subject to the same development regulations as existing development within Zone B of the PUD. All developments within the PUD require building permits through Inspection and Construction Services. Additionally, developments with three (3) or more units require a full site plan with review and approval through the City's Development Review Team (DRT). The DRT is comprised of multiple City departments including Engineering, Planning, Water Distribution, Fire, Police, Housing & Community Development, and Leisure Services. Site plans are reviewed by all relevant departments regarding street improvements, site access, parking, grading, screening, paving, park land, stormwater management, water connection, sanitary sewer connection, fire safety, and more. RECOMMENDATION City staff recommends that the Zoning Advisory Commission review the enclosed materials and make a recommendation to the City Council regarding the proposal to amend Zone B of the South Pointe Planned Unit Development to allow increased lot coverage and reduced front and rear yard setbacks for townhome development. Attachments LAW OFFICE u V OCT 3 j 2023 DOUGLAS C. PEARCE CITYCFCOBl1g08 ATTORNEY AT LAW PLANNINQSERVICE90EPAR' 590 Iowa St., Suite 2 Dubuque, IA 52001. October 30, 2023 Zoning Advisory Commission Planning Services 50 W. 13"' St Dubuque, IA 52001 Telephone: (563) 582-4555 Re: Proposed Amendment to Zone B - South Pointe Planned Unit Development South Pointe Subdivision. Public Hearing Scheduled: Wednesday, November 1, 2023 @ 6:00 p.m. City Council Chambers Historic Federal Building, 350 W 6" St, Dubuque, IA 52001 Dear Zoning Advisory Commission: I represent Leanne K. Latham the owner of 2453 Rolling Creek Ln, Dubuque, IA 52003. Said residence which is legally described as "Lot 1 of Lot 19 of South Pointe, in the City of Dubuque, Dubuque County, Iowa according to the recorded plat thereof' The owners property is located in Zone B of South Pointe, and as such would be adversely impacted by what the property owner understands the proposed zoning change would do. The property owner respectfully objects to the proposed zoning change. The property owner paid a very substantial sum for her property and this proposed zoning change would greatly impact the property owners available green space and would change and reduce the green space, her enjoyment and use. When the property was acquired the plat reflected the available green space and the zoning changes, if allowed, would amount to an unreasonable taking of green space with no adjustment or consideration for the property owner or owners. Thus the property owner objects to the proposed zoning change. Very truly yours, Do as C. Pearce, Attorney at Law DCP/sc CC. Leanne Latham Prepared by: Wally Wernimont, City Planner Address: City Hall, 50 W. 13th St Telephone: 589-4210 Return to: Adrienne Breitfelder, City Clerk Address: City Hall- 50 W. 13'h St Telephone: 589-4121 ORDINANCE NO. -23 Formatted: Font: Bold AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES UNIFIED DEVELOPMENT CODE BY RESCINDING ORDINANCE 39-18 WHICH PROVIDES REGULATIONS FOR THE SOUTH POINTE PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PLANNED RESIDENTIAL DESIGNATION AND NOW BEING AMENDED TO MODIFY LOT COVERAGE AND SETBACK REQUIREMENTS FOR TOWNHOUSE DWELLINGS. 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 rescinding Ordinance 39-16 which provides regulations for a Planned Unit Development District with a Planned Commercial District designation for South Pointe, and now being amended to modify lot coverage and setback requirements for townhouse dwellings. As shown in Exhibit 1, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. Attached hereto and made a part of this zoning reclassification approval is the Conceptual Development Plan for the South Pointe Planned Unit Development marked Exhibit 1. It is recognized that minor shifts or modifications to the general plan layout may be necessary and compatible with the need to acquire workable street patterns, grades, and usable building sites. The general plan layout, including the relationship of land uses to the general plan framework and the development requirements shall be used as the implementation guide. A. Use Regulations South Pointe PUD Amendment Ordinance No. — 23 Page 2 Zone A: General Purpose and Description: Zone A is intended to provide building lots for single-family detached dwellings and accessory structures as well as park and open space. 1) Development of property within Zone A of the South Pointe Planned Unit Development shall be regulated by Section 16-5-2 of the City Code, R-1 Single -Family Residential. Zone B: General Purpose and Description: Zone B is intended to provide building lots for multi -Family Residential dwellings including two -unit and three - unit laterally attached dwellings and accessory structures. 1) Development of property with Zone B of the South Pointe Planned Unit Development shall be regulated by Section 16-5-5 of the Unified Development Code, R-3 Moderate Density Multi -Family Residential, except that lots with two unit townhomes and duplexes are allowed 50 percent maximum lot coverage, 10-foot front yard and rear yard setbacks. Open decks are allowed a 2-foot rear yard setback, but may not encroach on access and utility easements. Zone C: General Purpose and Description: Zone C is intended to provide space for commercial businesses to serve South Pointe and the surrounding community. 1) Development of property within Zone C of the South Pointe Planned Unit Development shall be regulated by the provisions of Section 16-5-11 of the Unified Development Code, C-2 Neighborhood Shopping Center District. B. Bulk Regulations Development of land within Zones A, B and C shall be regulated as follows: Zone A Permitted Uses Min Lot Area feet) Setbacks Min Let Max Lot Front (feet) Min Side Min Rear Frontage Coverage Max Height (fe e t) area) Min Max (feet) (feet) (feet) Place of religious exercise or 20,000 100 40 20 -- 20 20 75' assembly, School Single-family detached dwelling 5,000 50 40 20 50 6 20 30 Conditional Uses Bed and breakfast home 5,000 50 40 20 50 6 20 30 Licensed adult day services, 5,000 50 40 20 -- 6 20 30 Licensed child care center Mortuary, funeral home or 20,000 100 40 20 — 20 20 30 crematorium ' 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 all sides for each additional foot by which such building exceeds the maximum height limit of the district in which it is located. South Pointe PUD Amendment Ordinance No. — 23 Page 3 Permitted Uses Multi le-familysix du max 2,000/du 50 40 20 4 2073o Place of religious exercise or , School 20,000 100 40 20 --- 20 20assembl Sin le-famil detached dwellin 5,000 50 40 20 50 4 20Townhouse six du max 1,600/du 16/du 50 10 4/0 10 Two-familydwelling5,000 50 50 10 50 4 10 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 1 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 30 Off- remise residential ara a 20 4 6 15 Roomin or boardin house 5,000 50 40 1 20 4 20 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 all sides for each additional foot by which such building exceeds the maximum height limit of the district in which it is located. C. Parking and Loading Regulations 1) The number, size and design of parking spaces shall be governed by applicable provisions in Articles 13 and 14 of the City of Dubuque Unified Development Code. 2) The number, size and design and location of parking spaces designated for persons with disabilities shall be according to the local, state or federal requirements in effect at the time of development. 3) The location and number of private driveway intersections with public streets shall be reviewed and approved by the City Engineer. D. Sign Regulations 1) Applicability of City of Dubuque Ordinances: The provisions of the City of Dubuque Unified Development Code Article 15 Signs shall apply unless further regulated by this section. South Pointe PUD Amendment Ordinance No. — 23 Page 4 2) Signage for development zones within the South Pointe Planned Unit Development shall be regulated as follows: Within Zone A, Sign Regulations for the R-1 Single -Family Residential District, Section 16-15-11.1 of the Unified Development Code, shall be followed. b. Within Zone B. Sign Regulations for the R-3 Moderate Density Multi - Family Residential District, Section 16-14-11.1 of the Unified Development Code, shall be followed. Within Zone C, Sign Regulations for the C-3 Neighborhood Shopping Center District, Section 16-156-11.6 of the Unified Development Code, shall be followed. 3) Off -Premise Signs: Off -premise signs shall be prohibited. 4) Variances: Variances from sign requirements for size, number, and height may be requested. Such variances shall be reviewed by the Zoning Board of Adjustment in accordance with Article 8-6 of the Unified Development Code. E. Performance Standards The development and maintenance of uses in this PUD District shall be established in conformance with the following standards: 1) No more than 100 dwelling units shall be allowed to be developed until such time that a second public street access or secondary emergency access is developed to serve South Pointe. 2) A six-foot high privacy fence along South Pointe Drive shall be allowed provided the fence is installed in compliance with SUDAS standards. 3) Platting: The conceptual development plan shall serve as the preliminary plat for this PUD District. Subdivision plats and improvement plans shall be submitted in accordance with Article 11. Land Subdivision, of the City of Dubuque Unified Development Code. 4) Site Plans: Final site development plans shall be submitted in accordance with Article 12 Site Plans and Article 13 Site Design Standards prior to construction of each building and vehicle -related feature unless otherwise exempted by Article 12. 5) Storm Water Conveyance: The developer of each lot shall be responsible for providing surface or subsurface conveyance(s) of storm water from the South Pointe PUD Amendment Ordinance No. — 23 Page 5 lot to existing storm sewers or to flow line of open drainage ways outside the lot in a means that is satisfactory to the Engineering Department of the City of Dubuque. Other applicable regulations enforced by the City of Dubuque relative to storm water management and drainage shall apply to properties in the PUD District. 6) Other Codes and Regulations: These regulations do not relieve an owner from other applicable City, County, State or Federal Codes, regulations, laws and other controls relative to the planning, construction, operation and management of property in the PUD District. F. Ordinance History 1) Ordinance 14-16 established regulations for the South Pointe Planned Unit Development. 2) Ordinance 43-17 amended South Pointe Planned Unit Development regulations to designate additional building lots for townhomes. 3) Ordinance 14-18 amended South Pointe Planned Unit Development regulations to modify setback and lot coverage requirements for double - frontage lots and allow for a privacy fence along South Pointe Drive. 4) Ordinance 39-18 amended South Pointe Planned Unit Development regulations to modify lot coverage and setback requirements for townhouse dwellings. G. Transfer of Ownership Transfer of ownership or lease of property in this PUD District shall include in the transfer or lease agreement a provision that the purchaser or lessee acknowledges awareness of the conditions authorizing the establishment of the district. H. Modifications Any modifications of this Ordinance must be approved by the City Council in accordance with zoning reclassification proceedings of Article 9-5 of the Unified Development Code. Recording A copy of this ordinance shall be recorded at the expense of the property owner(s) with the Dubuque County Recorder a permanent record of the conditions accepted as part of this reclassification approval within thirty (30) days after the adoption of this ordinance. This ordinance shall be binding upon the undersigned and his/her heirs, successors and assigns. South Pointe PUD Amendment Ordinance No. — 23 Page 6 Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 4. This Ordinance shall take effect upon publication as provided by law. Passed, approved and adopted this day of 2023. Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk EXHIBIT 1 ZrtnG A Prepared by: Wally Wernimont, City Planner Address: City Hall, 50 W. 13th St Telephone: 589-4210 Return to: Adrienne Breitfelder, City Clerk Address: City Hall- 50 W. 13�h St Telephone: 589-4121 ORDINANCE NO. 47-23 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES UNIFIED DEVELOPMENT CODE BY RESCINDING ORDINANCE 39-18 WHICH PROVIDES REGULATIONS FOR THE SOUTH POINTE PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PLANNED RESIDENTIAL DESIGNATION AND NOW BEING AMENDED TO MODIFY LOT COVERAGE AND SETBACK REQUIREMENTS FOR TOWNHOUSE DWELLINGS 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 rescinding Ordinance 39-16 which provides regulations for a Planned Unit Development District with a Planned Commercial District designation for South Pointe, and now being amended to modify lot coverage and setback requirements for townhouse dwellings. As shown in Exhibit 1, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. Attached hereto and made a part of this zoning reclassification approval is the Conceptual Development Plan for the South Pointe Planned Unit Development marked Exhibit 1. It is recognized that minor shifts or modifications to the general plan layout may be necessary and compatible with the need to acquire workable street patterns, grades, and usable building sites. The general plan layout, including the relationship of land uses to the general plan framework and the development requirements shall be used as the implementation guide. A. Use Regulations South Pointe PUD Amendment Ordinance No. 47 — 23 Page 2 Zone A: General Purpose and Description: Zone A is intended to provide building lots for single-family detached dwellings and accessory structures as well as park and open space. 1) Development of property within Zone A of the South Pointe Planned Unit Development shall be regulated by Section 16-5-2 of the City Code, R-1 Single -Family Residential. Zone B: General Purpose and Description: Zone B is intended to provide building lots for multi -Family Residential dwellings including two -unit and three -unit laterally attached dwellings and accessory structures. 1) Development of property with Zone B of the South Pointe Planned Unit Development shall be regulated by Section 16-5-5 of the Unified Development Code, R-3 Moderate Density Multi -Family Residential, except that lots with townhomes and duplexes are allowed 50 percent maximum lot coverage, 10-foot front yard and rear yard setbacks. Open decks are allowed a 2-foot rear yard setback, but may not encroach on access and utility easements. Zone C: General Purpose and Description: Zone C is intended to provide space for commercial businesses to serve South Pointe and the surrounding community. 1 } Development of property within Zone C of the South Pointe Planned Unit Development shall be regulated by the provisions of Section 16-5-11 of the Unified Development Code, C-2 Neighborhood Shopping Center District. Bulk Regulations Development of land within Zones A, B and C shall be regulated as follows: Permitted Uses Place of religious exercise or 20,000 100 40 20 -- 20 20 751 assembly, School - - Single-family detached dwelling 5,000 50 40 20 50 6 20 30 condiffona! Uses Bed and breaidast home 5,000 50 40 20 50 6 20 30 Licensed adult day services, 5,000 50 40 20 -- 6 20 30 Licensed child care center IVbrtuary, funeral home or 20,000 100 40 20 -T 20 20 30 crematorium Wy be erected to a height not exceeding 75 feet, provided that such buildings shall provide at feast are additional foot of yard space on all sides for each additional foot by which such building exceeds the maximum height limit of the district In which it is located. South Pointe PUD Amendment Ordinance No. 47 — 23 Page 3 Permitted Uses Min Lot Area feetj Min Lot Frontage (feet) Max Lot Coverage rl. lot area) Setbacks Front (feet) ®� Rear (feet) Height (feet) Multiple -family six du max 2,0001du 50 40 20 4 20 _ 30 ?kace ofreligious— exercise or assembly, 20.000 1(0 - -- 40 20 — 20 20 — 751 Single-family detached dwellin2 5,000 50 40 20 50 4 20 30 Townhouse_ six du max 1,6001du 161du 50 10 -- 410 10 30 Two-famil dwelling 5,000 50 50 10 50 4 10 30 Conditional Uses Individual zero lot line dwelling 5,000 50 40 20 50 1010 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 Housinq 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 1 20,000 100 _ "40 20 --- 20 20 30 offrem_i_se residential garage I -- -- 20 4 6 15 Rooming or boardinghouse 5.000 50 40 20 4 20 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 all sides for each additional foot by which such buildin exceeds the maximum height limit of the district in which it is located. C. Parking and Loading Regulations 1) The number, size and design of parking spaces shall be governed by applicable provisions in Articles 13 and 14 of the City of Dubuque Unified Development Code. 2) The number, size and design and location of parking spaces designated for persons with disabilities shall be according to the local, state or federal requirements in effect at the time of development. 3) The location and number of private driveway intersections with public streets shall be reviewed and approved by the City Engineer. D. Sign Regulations 1) Applicability of City of Dubuque Ordinances: The provisions of the City of Dubuque Unified Development Code Article 15 Signs shall apply unless further regulated by this section. South Pointe PUD Amendment Ordinance No. 47 — 23 Page 4 2) Signage for development zones within the South Pointe Planned Unit Development shall be regulated as follows: a. Within Zone A, Sign Regulations for the R-1 Single -Family Residential District, Section 16-15-11.1 of the Unified Development Code, shall be followed. b. Within Zone B. Sign Regulations for the R-3 Moderate Density Multi -Family Residential District, Section 16-14-11.1 of the Unified Development Code, shall be followed. G. Within Zone C, Sign Regulations for the C-3 Neighborhood Shopping Center District, Section 16-156-11.6 of the Unified Development Code, shall be followed. 3) Off -Premise Signs: Off -premise signs shall be prohibited. 4) Variances: Variances from sign requirements for size, number, and height may be requested. Such variances shall be reviewed by the Zoning Board of Adjustment in accordance with Article 8-6 of the Unified Development Code. E. Performance Standards The development and maintenance of uses in this PUD District shall be established in conformance with the following standards: 1) No more than 100 dwelling units shall be allowed to be developed until such time that a second public street access or secondary emergency access is developed to serve South Pointe. 2) A six-foot high privacy fence along South Pointe Drive shall be allowed provided the fence is installed in compliance with SUDAS standards. 3) Platting: The conceptual development plan shall serve as the preliminary plat for this PUD District. Subdivision plats and improvement plans shall be submitted in accordance with Article 11. Land Subdivision, of the City of Dubuque Unified Development Code. 4) Site Plans: Final site development plans shall be submitted in accordance with Article 12 Site Plans and Article 13 Site Design Standards prior to construction of each building and vehicle -related feature unless otherwise exempted by Article 12. 5) Storm Water Conveyance: The developer of each lot shall be responsible for providing surface or subsurface conveyance(s) of storm South Pointe PUD Amendment Ordinance No. 47 -- 23 Page 5 water from the lotto existing storm sewers or to flow line of open drainage ways outside the lot in a means that is satisfactory to the Engineering Department of the City of Dubuque. Other applicable regulations enforced by the City of Dubuque relative to storm water management and drainage shall apply to properties in the PUD District. 6) Other Codes and Regulations: These regulations do not relieve an owner from other applicable City, County, State or Federal Codes, regulations, laws and other controls relative to the planning, construction, operation and management of property in the PUD District. F. Ordinance History 1) Ordinance 14-16 established regulations for the South Pointe Planned Unit Development. 2) Ordinance 43-17 amended South Pointe Planned Unit Development regulations to designate additional building lots for townhomes. 3) Ordinance 14-18 amended South Pointe Planned Unit Development regulations to modify setback and lot coverage requirements for double - frontage lots and allow for a privacy fence along South Pointe Drive. 4) Ordinance 39-18 amended South Pointe Planned Unit Development regulations to modify lot coverage and setback requirements for townhouse dwellings. G. Transfer of Ownership Transfer of ownership or lease of property in this PUD District shall include in the transfer or lease agreement a provision that the purchaser or lessee acknowledges awareness of the conditions authorizing the establishment of the district. H. Modifications Any modifications of this Ordinance must be approved by the City Council in accordance with zoning reclassification proceedings of Article 9-5 of the Unified Development Code. Recording A copy of this ordinance shall be recorded at the expense of the property owner(s) with the Dubuque County Recorder a permanent record of the conditions accepted as part of this reclassification approval within thirty (30) days after the adoption of this ordinance. This ordinance shall be binding upon the undersigned and his/her heirs, successors and assigns. South Pointe PUD Amendment Ordinance No. 47 — 23 Page 6 Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 4. This Ordinance shall take effect upon publication as provided by law. Passed, approved and adopted this 20th day of November 2023. ra . Cavan ayor Attest: Adrienne N. Breitfelder, City Clerk EXHIBIT 1 ==IM1.M41Mq/``..nawy�n iliw Mara%r.�r .ma F 8 4-1 P MMIR Oil th Al�T4AMIDGE � � it`M Amendment of South Pointe Planned Unit Development To amend Zone B of the South Pointe Planned Unit Development to allow increased lot coverage and reduced front and rear yard setbacks for townhome development. Staff presentation to City Council November 20, 2023 lid_' PT30 ti,_, jrwuV --- 7' R-2 1720 .) 4-- 17M 1 e74. R-1 2s, 2 jj R-I--_ , i MO. S F 961 32. 126' C W 19N ICXA. 16Eh 21 20M 1131 1 ab 2MR V Rr2 ". 2170 2 -2200-- .!00 bbb 2203! r 3 1OJ2 i6 - e'O R �2 ZY C-3c 226LI 7 74 j_ �, 62 22 2247 1 22yu OSC 22 00 Lbn R-414ya C-3 zol PR 2 rj 2�co-- IDU fin' q AW7, PR j K A ;24452 .2 .2229 ss �2416'160, fi- I-, L8 11601� -ILI AbI 24131 2 IE� 1 111-83, 1451 2151 '113`h5'1.13 .9 2,, 22 379 68 IIUU I!86 264812Y0 IIY81- lk . U ,2L 213.1.1 4-3 Eft L:!,y-'I 255-1 12'. A&I R-1 ILICII 26,2 U A G 'XI! Ygy 2A, 1 AG C -,3 C-2 L,-, .2! i Y603 'Ifo. .12D-2.r.ro C-2 I i5 L: Y. L Y L, b qng� .;Alpyfjb 6g, R-1 110 91545 City -3 CWbWQUC THE CTEY 01F aF DUB E 2017@2019 Vicinity Map Applicant: Aaron Healy, RuN & RAI Location: South Pointe Subdivision Description: To amend Rorie B of the South Pointe Planned Unit Development to allow increased lot coverage and reduced front and rear yard setbacks for townhome development. City limits C= South Pointe PUD 0 25C Me Feet 1.13.000 1.900 EXHIBIT 1 iti .«r. �..5..a.4T..,,..�..�_..,... �.ra.....,r..V F m �,� .� •mows• wi M�vx �.wfgwr._.5 q.. .... �.'�.M f.�yr. g 1 .rr 4 rpier sr .r .. n t k ,wtla ww.Mw u�w�y%r:" � .+�ni Jrw r.� fir.:. Cana S iA wMY� 4 .an. ern ti .h 5ne� W! J r � �F `� r •a � u "..ram^ �.i�'�.�a""��. J� Wi� 5 �y � ra.s = s FaDGf 'L- } s 7 y k9 f 5� 33r— 4iTt1F,SN Ii�OC�E#m-. N _iwnrr.N - 4 � T %1 PUD Amendment Language The current Zone B language states: "1) Development of property within Zone B of the South Pointe Planned Unit Development shall be regulated by Section 16-5-5 of the Unified Development Code, R-3 Moderate Density Multi -Family Residential, except that lots with two -unit townhomes and duplexes are allowed 50 percent maximum coverage, 10-foot front yard and rear yard setbacks. Open decks are allowed a 2-foot rear yard setback but may not encroach on access and utility easements." The proposed PUD amendment would strike "two -unit" (bold text above) from the text of Zone B and would read as below — in part: "...R-3 Moderate Density Multi -Family Residential, except that lots with townhomes and duplexes are allowed... " PUD Amendment Language The current Zone B language states: "1) Development of property within Zone B of the South Pointe Planned Unit Development shall be regulated by Section 16-5-5 of the Unified Development Code, R-3 Moderate Density Multi -Family Residential, except that lots with townhomes and duplexes are allowed 50 percent maximum coverage, 10-foot front yard and rear yard setbacks. Open decks are allowed a 2-foot rear yard setback but may not encroach on access and utility easements." The proposed PUD amendment would strike "two -unit" (bold text above) from the text of Zone B and would read as below — in part: "...R-3 Moderate Density Multi -Family Residential, except that lots with townhomes and duplexes are allowed... " M 0` Rear Yard Setback Buildable Area DU DU DU DU #1 I #2 I #3 1 #4 0' Front Lot Coverage Ya rd Setback DU w iq 1 0' 41I I ktl I � Area I�' °.I°II °J°.III° I° 50% 1 ' Ma imum 4, 101 Buildable Are a D V D V D V D V D U D V #1 #2 #3 #4 #5 # 50Maximum Lot Coverage 10� 4{ M 0` Rear Yard Setback Buildable Area DU DU DU DU #1 I #2 I #3 1 #4 0' Front Lot Coverage Ya rd Setback DU w iq Public Input Letter of opposition: ■ Douglas C. Pearce, representing 2453 Rolling Creek Ln. Speakers at ZAC meeting: ■ 2 in opposition, 2455 Rolling Creek Ln. and 2453 Rolling Creek Ln. Zoning Advisory Commission Recommendation By a vote of 4 to 0, Commission recommends Amendment. the Zoning approval of Advisory the PUD A simple majority vote is needed for the City Council to approve the request. QUESTIONS? Doc ID: 011166900008 Type: GEN Kind: ORDINANCE Recorded: 11/21/2023 at 04:15:57 PM Fee Amt: $42.00 Paqe 1 of 8 Dubuque County Iowa Karol Kennedy Recorder File2023-00011063 Prepared by: Wally Wernimont. City Planner Address: City Hall, 50 W. 13th St Telephone: 589-4210 Return to: Adrienne Breitfelder, City Clerk Address: City Hall- 50 W. 13t' St Telephone: 589-4121 ORDINANCE NO.47-23 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES UNIFIED DEVELOPMENT CODE BY RESCINDING ORDINANCE 39-18 WHICH PROVIDES REGULATIONS FOR THE SOUTH POINTE PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PLANNED RESIDENTIAL DESIGNATION AND NOW BEING AMENDED TO MODIFY LOT COVERAGE AND SETBACK REQUIREMENTS FOR TOWNHOUSE DWELLINGS 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 rescinding Ordinance 39-16 which provides regulations for a Planned Unit Development District with a Planned Commercial District designation for South Pointe, and now being amended to modify lot coverage and setback requirements for townhouse dwellings. As shown in Exhibit 1, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. Attached hereto and made a part of this zoning reclassification approval is the Conceptual Development Plan for the South Pointe Planned Unit Development marked Exhibit 1. It is recognized that minor shifts or modifications to the general plan layout may be necessary and compatible with the need to acquire workable street patterns, grades, and usable building sites. The general plan layout, including the relationship of land uses to the general plan framework and the development requirements shall be used as the implementation guide. A. Use Regulations (�2 C ity Plann+ng 4200 South Pointe PUD Amendment Ordinance No. 47 — 23 Page 2 Zone A: General Purpose and Description: Zone A is intended to provide building lots for single-family detached dwellings and accessory structures as well as park and open space. 1) Development of property within Zone A of the South Pointe Planned Unit Development shall be regulated by Section 16-5-2 of the City Code, R-1 Single -Family Residential. Zone B: General Purpose and Description: Zone B is intended to provide building lots for multi -Family Residential dwellings including two -unit and three -unit laterally attached dwellings and accessory structures. 1) Development of property with Zone B of the South Pointe Planned Unit Development shall be regulated by Section 16-5-5 of the Unified Development Code, R-3 Moderate Density Multi -Family Residential, except that lots with townhomes and duplexes are allowed 50 percent maximum lot coverage, 10-foot front yard and rear yard setbacks. Open decks are allowed a 2-foot rear yard setback, but may not encroach on access and utility easements. Zone C: General Purpose and Description: Zone C is intended to provide space for commercial businesses to serve South Pointe and the surrounding community. 1) Development of property within Zone C of the South Pointe Planned Unit Development shall be regulated by the provisions of Section 16-5-11 of the Unified Development Code, C-2 Neighborhood Shopping Center District. B. Bulk Reaulations Development of land within Zones A, B and C shall be regulated as follows: %mitted Uses_ Place of relgious exercise or 20,000 100 I 40 20 — 20 2C 75' assembles, School Si a fami ded dwe tachelli 5,000 50 2030 -—. ... ...__. _9 �... 0 4_ _`� a.. ._._...1 Cofdborral Uses _-- Bed and txealdast home --- -- —� 5,000 50 ?-- 40 — 20 50 6 20 30 Licensed adult day services, Licensed child care center 1 5,000 i 50 40 20 6 20 30 — tvtxtuary, funeral home or i 20,000 100 40 20 — 20 20 30 crematorium May be erected to a height not exceeding 75 feet, provided that such buildings shall provide at feast one additional foot of yard space on all sides for each additional foot by which such building exceeds the maximum height limit of the district in winch it is located. South Pointe PUD Amendment Ordinance No. 47 — 23 Page 3 --..._..---,----- Multiple -family (six du max) ..._...__...._ 2,000ldu _ 50 40 20 --- 4 20 30 Place of religious exercise or 20.000 100 _ _ 40 20 20 _ 20 75 ' assembly, School i Single-family detached dwelling 5,000 50 40 20 50 4 20 30 -- Townhouse (six du max) -- 1,600Idu 16/du - ---- - - 50 --.. —_ 10 -- — r 4/0 --- 10 30 Two-family dwelling 5,000 50 50 10 50 4 -- 10 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 I 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 _ _ 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 all sides for each additional foot by which such building exceeds the maximum height limit of the district in which it is located. _ 1.1 nimum 2Ufeet for gara9_s facing a street_ hen acuthn,3 a resid_rThal or office.r_9icerdial clstrict a c i foot sijc s?t-..ac^ is r?4ulr ea hen aclRhflg 3 feSidenh,31 if _�fflr?-r?cic?ntial ciEtrirt 3 ZQ fort r?3r _?tsac- is required C. Parking and Loading Regulations 1) The number, size and design of parking spaces shall be governed by applicable provisions in Articles 13 and 14 of the City of Dubuque Unified Development Code. 2) The number, size and design and location of parking spaces designated for persons with disabilities shall be according to the local, state orfederal requirements in effect at the time of development. 3) The location and number of private driveway intersections with public streets shall be reviewed and approved by the City Engineer. D. Sign Regulations 1) Applicability of City of Dubuque Ordinances: The provisions of the City of Dubuque Unified Development Code Article 15 Signs shall apply unless further regulated by this section. South Pointe PUD Amendment Ordinance No. 47 — 23 Page 4 2) Signage for development zones within the South Pointe Planned Unit Development shall be regulated as follows: a. Within Zone A, Sign Regulations for the R-1 Single -Family Residential District, Section 16-15-11.1 of the Unified Development Code, shall be followed. b. Within Zone B. Sign Regulations for the R-3 Moderate Density Multi -Family Residential District, Section 16-14-11.1 of the Unified Development Code, shall be followed. c. Within Zone C, Sign Regulations for the C-3 Neighborhood Shopping Center District, Section 16-156-11.6 of the Unified Development Code, shall be followed. 3) Off -Premise Signs: Off -premise signs shall be prohibited. 4) Variances: Variances from sign requirements for size, number, and height may be requested. Such variances shall be reviewed by the Zoning Board of Adjustment in accordance with Article 8-6 of the Unified Development Code. E. Performance Standards The development and maintenance of uses in this PUD District shall be established in conformance with the following standards: 1) No more than 100 dwelling units shall be allowed to be developed until such time that a second public street access or secondary emergency access is developed to serve South Pointe. 2) A six-foot high privacy fence along South Pointe Drive shall be allowed provided the fence is installed in compliance with SUDAS standards. 3) Platting: The conceptual development plan shall serve as the preliminary plat for this PUD District. Subdivision plats and improvement plans shall be submitted in accordance with Article 11. Land Subdivision, of the City of Dubuque Unified Development Code. 4) Site Plans: Final site development plans shall be submitted in accordance with Article 12 Site Plans and Article 13 Site Design Standards prior to construction of each building and vehicle -related feature unless otherwise exempted by Article 12. 5) Storm Water Conveyance: The developer of each lot shall be responsible for providing surface or subsurface conveyance(s) of storm South Pointe PUD Amendment Ordinance No. 47 — 23 Page 5 water from the lot to existing storm sewers or to flow line of open drainage ways outside the lot in a means that is satisfactory to the Engineering Department of the City of Dubuque. Other applicable regulations enforced by the City of Dubuque relative to storm water management and drainage shall apply to properties in the PUD District. 6) Other Codes and Regulations: These regulations do not relieve an owner from other applicable City, County, State or Federal Codes, regulations, laws and other controls relative to the planning, construction, operation and management of property in the PUD District. F. Ordinance History 1) Ordinance 14-16 established regulations for the South Pointe Planned Unit Development. 2) Ordinance 43-17 amended South Pointe Planned Unit Development regulations to designate additional building lots for townhomes. 3) Ordinance 14-18 amended South Pointe Planned Unit Development regulations to modify setback and lot coverage requirements for double - frontage lots and allow for a privacy fence along South Pointe Drive. 4) Ordinance 39-18 amended South Pointe Planned Unit Development regulations to modify lot coverage and setback requirements for townhouse dwellings. G. Transfer of Ownership Transfer of ownership or lease of property in this PUD District shall include in the transfer or lease agreement a provision that the purchaser or lessee acknowledges awareness of the conditions authorizing the establishment of the district. H. Modifications Any modifications of this Ordinance must be approved by the City Council in accordance with zoning reclassification proceedings of Article 9-5 of the Unified Development Code. Recording A copy of this ordinance shall be recorded at the expense of the property owner(s) with the Dubuque County Recorder a permanent record of the conditions accepted as part of this reclassification approval within thirty (30) days after the adoption of this ordinance. This ordinance shall be binding upon the undersigned and his/her heirs, successors and assigns. South Pointe PUD Amendment Ordinance No. 47 — 23 Page 6 Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 4. This Ordinance shall take effect upon publication as provided by law. Passed, approved and adopted this 20"' day of November 2023. r . Cavana ayor Attest: Adrienne N. Breitfelder, City Clerk EXHIBIT 1 t- 3F2 r -111I Z sn e.. A ... °��.. EMS- CERTIFICATE of the CITY CLERK STATE OF IOWA SS: COUNTY OF DUBUQUE ) I, Adrienne N. Breitfelder, City Clerk, do hereby certify that I am the duly appointed, qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached Ordinance No. 47-23 is a true and correct copy of the original. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa, on this 21 st day of November, 2023. IF � a •�� +f i ~ r ' C- 3 ak' L' � A k Adrienne N. Breitfelder, City Clerk 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: 11/10/2023 and for which the charge is 41.40 Subscribed to before me, a Notary P is in and for Dubuque County, Iowa, this loth day of November, 2023 Notary P in and for Dubuque County, Iowa. JA:NE T it. .APE Commission Number 199659 My Commission Expires 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 20th day of November, 2023, at 6:30 p.m., in the Historic Federal Building, 350 W. 6th Street, 2nd floor, Dubuque, Iowa, on the following: AMENDMENT 1. "Request from Aaron Healy, Ruhl & Ruhl to amend Zone B of the South Pointe Planned Unit Development to allow increased lot coverage and reduced front and rear yard setbacks for townhome development at the location of the South Pointe Subdivision. 2. "Request from Keith Wolff, Dubuque Sign, to amend the Dubuque Industrial Center South Planned Unit Development to increase the size of directional signage at the location of 751 Seippel Road. 3. "Request from Bill Biver, Marys Inn Maternity Home, to amend the Unified Development Code to include a definition of Maternity Home and to list Maternity Home as a Permitted Use in all residential, office residential, and commercial zoning districts. 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, ctyclerk@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, 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, CMC City Clerk It 11/10 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: 11/24/2023 and for which the charge is 422.25 Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this 27th day of November, 2023 lic in and for Dubuque County, Iowa. JANET K. PAPE r Commission Number 199859 My Commission Expires row 12/11/2025 4C Friday, November 24, 2023 • Telegraph Herald • TelegraphHerald.com Housing for the elderly or disabled Licensed adult day services, Licensed child care center Mortuary, funeral home or crematorium Conditional Uses Individual zero lot line dwelling Bed and breakfast home Legal Notices Legal Notices Legal -Notices Legal Notices Legal Notices Legal Notices CITY OF DUBUQUE OFFICIAL PUBLICATION ORDINANCE NO. 47-23 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES UNIFIED DEVELOPMENT CODE BY RESCINDING ORDINANCE 39-18 WHICH PROVIDES REGULATIONS FOR THE SOUTH POINTE PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PLANNED RESIDENTIAL DESIGNATION AND NOW BEING AMENDED TO MODIFY LOT COVERAGE AND SETBACK REQUIREMENTS FOR TOWNHOUSE DWELLINGS 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 rescinding Ordinance 39-16 which provides regulations for a Planned Unit Development District with a Planned Commercial District designation for South Pointe, and now being amended to modify lot coverage and setback requirements for townhouse dwellings. As shown in Exhibit 1, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. Attached hereto and made a part of this zoning reclassification approval is the Conceptual Development Plan for the South Pointe Planned Unit Development marked Exhibit 1. It is recognized that minor shifts or modifications to the general plan layout may be necessary and compatible with the need to acquire workable street patterns, grades, and usable building sites. The general plan layout, including the relationship of land uses to the general plan framework and the development requirements shall be used as the implementation guide. A. Use Regulations Zone A: General Purpose and Description: Zone A is intended to provide building lots for single-family detached dwellings and accessory structures as well as park and open space. Development of property within Zone A of the South Pointe Planned Unit Development shall be regulated by Section 16-5-2 of the City Code, R-1 Single -Family Residential. Zone B: General Purpose and Description: Zone B is intended to provide building lots for multi -Family Residential dwellings including two -unit and three -unit laterally attached dwellings and accessory structures. Development of property with Zone B of the South Pointe Planned Unit Development shall be regulated by Section 16-5-5 of the Unified Development Code, R-3 Moderate Density Multi -Family Residential, except that lots with townhomes and duplexes are allowed 50 percent maximum lot coverage, 10-foot front yard and rear yard setbacks. Open decks are allowed a 2-foot rear yard setback, but may not encroach on access and utility easements. Zone C: General Purpose and Description: Zone C is intended to provide space for commercial businesses to serve South Pointe and the surrounding community. - Development of property within Zone C of the South Pointe Planned Unit Development shall be regulated by the provisions of Section 16-5-11 of the Unified Development Code, C-2 Neighborhood Shopping Center District. B. Bulk Regulations Development of land within Zones A, B and C shall be regulated as follows: Mn Lot Area (square feet) kin Lot Max Lot Frontage Coverage (% (feet) area) Setbacks Front (feet) Mn Max Ivan Side (feet) Mis Rear (feet) Max Height (feet) Permitted L/ses Place of religious exercise or assembly, School Single-family detached dwelling Conditional Uses Bed and breakfast home Licensed adult day services. Licensed child care center Mortuary, funeral home or crematorium 20.000 100 40 5.000 50 40 20 5.000 50 40 5.000 50 40 20 20 20 20.000 100 40 20 20 20 75 50 6 20 30 50 6 - 20 30 6 20 30 20 20 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 n all sides for each additional foot by which such building exceeds the maximum height limit of the.district in which it is located. Zone B Min Lot Min Lot Max Lot Area Frontage Coverage (square feet) (feet) (% lot area) Setbacks Front (feet) Max Min Side (feet) Min Rear (feet) Max Height (feet) Permitted Uses Multiple -family (six du max) Place of religious exercise or assembly, School Single-family detached dwelling 2,000/du 50 40 20 4 20,000 100 40 20 20 5,000 50 40 , 20 50 4 Townhouse (six du max) 1,600/du 16/du 50 10 4/0 Two-family dwelling 5,000 50 50 10 50 4 5,000 50 40 20 50 10/0 5,000 50 40 20 50 4 Group home 5,000 50 40 20 --- 4 Hospice 5,000 50 40 20 --- 4 20,000 100 40 20 20 5,000 50 40 20 4 20,000 100 40 20 20 20 30 20 75' 20 10 10 30 30 30 20 30 20 30 Nursing or convalescent 20,000 100 home Off -premise residential garage Rooming or boarding house 40 20 20 5,000 50 40 20 20 20 30 4 6 15 4 20 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 all sides for each additional foot by which such building exceeds the maximum height limit of the district in which it is located. Zone C All Uses Min Lot Area (square feet) Min Lot Max Lot Frontage Coverage (%lot (feet) area) Setbacks Front (feet) Min Side' Min RearMax Height Min Max (feet) (feet) (feet) 30 10 1 Minimum 20 feet for garages facing a street. 2 When abutting a residential or office -residential district, a 20 foot side setback is required. 3 When abutting a residential or office -residential district, a 20 foot rear setback is required. C. Parking and Loading Regulations 1) The number, size and design of parking spaces shall be governed by applicable provisions in Articles 13 and 14 of the City of Dubuque Unified Development Code. 2) The number, size and design and location of parking spaces designated for persons with disabilities shall be according to the local, state or federal requirements in effect at the time of development. 3) The location and number of private driveway intersections with public streets shall be reviewed and approved by the City Engineer. D. Sign Regulations 1) Applicability of City of Dubuque Ordinances: The provisions of the City of Dubuque Unified Development Code Article 15 Signs shall apply unless further regulated by this section. 2) Signage for development zones within the South Pointe Planned Unit Development shall be regulated as follows: Within Zone A, Sign Regulations for the R-1 Single -Family Residential District, Section 16-15-11.1 of the Unified Development Code, shall be followed. Within Zone B. Sign Regulations for the R-3 Moderate Density Multi -Family Residential District, Section 16-14-11.1 of the Unified Development Code, shall be followed. Within Zone C, Sign Regulations for the C-3 Neighborhood Shopping Center District, Section 16-156-11.6 of the Unified Development Code, shall be followed. 3) Off -Premise Signs: Off -premise signs shall be prohibited. 4) Variances: Variances from sign requirements for size, number, and height may be requested. Such variances shall be reviewed by the Zoning Board of Adjustment in accordance with Article 8-6 of the Unified Development Code. E. Performance Standards The development and maintenance of uses in this PUD District shall be established in conformance with the following standards: No more than 100 dwelling units shall be allowed to be developed until such time that a second public street access or secondary emergency access is developed to serve South Pointe. A six-foot high privacy fence along South Pointe Drive shall be allowed provided the fence is installed in compliance with SUDAS standards. Platting: The conceptual development plan shall serve as the preliminary plat for this PUD District. Subdivision plats and improvement plans shall be submitted in accordance with Article 11. Land Subdivision, of the City of Dubuque Unified Development Code. Site Plans: Final site development plans shall be submitted in accordance with Article 12 Site Plans and Article 13 Site Design Standards prior to construction of each building and vehicle -related feature unless otherwise exempted by Article 12. Storm Water Conveyance: The developer of each lot shall be responsible for providing surface or subsurface conveyance(s) of storm water from the lot to existing storm sewers or to flow line of open drainage ways outside the lot in a means that is satisfactory to the Engineering Department of the City of Dubuque. Other applicable regulations enforced by the City of Dubuque relative to storm water management and drainage shall apply to properties in the PUD District. Other Codes and Regulations: These regulations do not relieve an owner from other applicable City, County, State or Federal Codes, regulations, laws and other controls relative to the planning, construction, operation and management of property in the PUD District. F. Ordinance History 1) Ordinance 14-16 established regulations for the South Pointe Planned Unit Development. 2) Ordinance 43-17 amended South Pointe Planned Unit Development regulations to designate additional building lots for town homes. 3) Ordinance 14-18 amended South Pointe Planned Unit Development regulations to modify setback and lot coverage requirements for double -frontage lots and allow for a privacy fence along South Pointe Drive. 4) Ordinance 39-18 amended South Pointe Planned Unit Development regulations to modify lot coverage and setback requirements for townhouse dwellings. G. Transfer of Ownership Transfer of ownership or lease of property in this PUD District shall include in the transfer or lease agreement a provision that the purchaser or lessee acknowledges awareness of the conditions authorizing the establishment of the district. H. Modifications Any modifications of this Ordinance must be approved by the City Council in accordance with zoning reclassification proceedings of Article 9-5 of the Unified Development Code. I. Recording A copy of this ordinance shall be recorded at the expense of the property owner(s) with the Dubuque County Recorder a permanent record of the conditions accepted as part of this reclassification approval within thirty (30) days after the adoption of this ordinance. This ordinance shall be binding upon the undersigned and his/her heirs, successors and assigns. 20 Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 4. This Ordinance shall take effect upon publication as provided by law. Passed, approved and adopted this 20th day of November 2023. /s/Brad M. Cavanagh, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk 20 40 Exhibit 1 is on file in the office of the City Clerk, 50 W. 13th Street, Dubuque, and may be viewed during normal business hours of 8:00 am to 5:00 pm Monday to Friday. Published officially in the Telegraph Herald newspaper on the 24th day of November, 2023. /s/Adrienne N. Breitfelder, CMC, City Clerk 20 30 30 20 30 20 30 It 11/24 adno=369015