Unified Development Code Amendment - Off-Premise Parking LotCity of Dubuque
City Council Meeting
Public Hearings # 01.
Copyrighted
July 15, 2024
ITEM TITLE: Unified Development Code Amendment - Off -Premise Parking Lot
SUMMARY: Proof of publication on notice of public hearing to consider a request
from Marty Johnson, AIA, Straka Johnson Architects, to amend the
Unified Development Code to include a definition of Off -Premise
Parking Lot and to list Off -Premise Parking Lot as an Accessory Use in
the C-2 Neighborhood Shopping Center and C-3 General Commercial
zoning districts, and Zoning Advisory Commission recommending
approval.
ORDINANCE Amending Title 16 of the City of Dubuque Code of
Ordinances, Unified Development Code, by amending Article 16-2-3
(Definitions) by adding a definition of Off -Premise Parking Lot and by
amending Articles 16-5-11 C-2 Neighborhood Shopping Center and 16-
5-13 C-3 General Commercial by adding Off -Premise Parking Lot as an
accessory use
SUGGESTED Suggested Disposition: Receive and File; Motion B; Motion
DISPOSITION:
ATTACHMENTS:
Description Type
ZAC Letter to Council Supporting Documentation
Application Supporting Documentation
ZAC Staff Report Staff Memo
Ordinance Ordinance
Planning Services Department
Dubuque
City Hall
THE CITF
50 West 13th Street
Dubuque, IA 52001-4864
DUjBE
All-AnericlCHY
1 I
I1
(563) 589-4210 phone
I I
(563) 589-4221 fax
563 690-6678 TDD
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Masterpiece an the Mississippi
2007.2012.2013
2017*2019
planningC�cityofdubuque.org
July 3, 2024
The Honorable Mayor and City Council Members
City of Dubuque
City Hall — 50 W. 13th Street
Dubuque IA 52001
Applicant: Marty Johnson, AIA, Straka Johnson Architects
Description: To amend the Unified Development Code to include a definition of
Off -Premise Parking Lot and to list Off -Premise Parking Lot as an
Accessory Use in the C-2 Neighborhood Shopping Center and C-3 General
Commercial zoning districts.
Dear Mayor and City Council Members:
The City of Dubuque Zoning Advisory Commission has reviewed the above -cited request.
The application, staff report, and related materials are attached for your review.
Discussion
Marty Johnson, AIA, 3555 Digital Drive, spoke on behalf of the application. He stated
that they are representing Fidelity Bank who purchased a vacant lot on the east side of
Meinen Court which is located across from Fidelity Bank's office building located on the
west side of Meinen Court. He stated that they desire to construct a parking lot on a
vacant lot in order to serve their expanded banking operations within the existing office
building. He explained that it is a campus sort of arrangement for Fidelity Bank on Meinen
Court. He stated they are seeking the text amendment in order to allow a parking lot only
on the vacant site.
The Commission questioned what properties Fidelity owns on Meinen Court and Mr.
Johnson stated they own three lots on Meinen Court, two on the west side and then one
on the east side of the street. He explained that Fidelity runs their executive operations
out of the existing office building and that they are seeking to expand their trust operations
in the building.
Staff discussed the application noting that the Unified Development Code (UDC) does not
currently allow a parking lot as a standalone principal use in the C-2 zoning district. Staff
explained that it does currently allow a parking lot as an accessory use to a permitted use
located on the same property. Staff showed an aerial image of the Meinen Court lot
configuration highlighting the proposed parking lot property and that it is vacant which
therefore doesn't have a principal use. Staff stated that the proposed text amendment
would allow an Off -Premise Parking Lot as an accessory use provided it adheres to the
Service People Integrity Responsibility Innovation Teamwork
The Honorable Mayor and City Council Members
Page 2
specific standards in the proposed definition of Off -Premise Parking Lot. Staff outlined the
proposed definition and the standards. Staff stated that the proposed text amendment
would allow for an Off -Premise Parking Lot in both the C-2 and C-3 zoning districts and
that the goal of the text amendment would not be to allow parking lots to be located
anywhere in those zoning districts, but rather, to allow owners flexibility for using their lots
when unique circumstances exist, as is the case for Fidelity.
The Commission noted that there may need to be a discussion with staff and/or the city
regarding circumstances in which there may be shared parking opportunities between
businesses or a desire for parking lots on properties that may not be under common
ownership as the principal use(s) it serves. Staff noted that the proposed text amendment
is applicant driven and so the language has been written to reflect their request and
specific circumstances. Staff stated that the city is in the process of onboarding a
consultant for the Unified Development Code update and that parking is anticipated to be
a discussion topic during that process.
There were no public comments.
The Zoning Advisory Commission discussed the request finding it appropriate.
Recommendation
By a vote of 4 to 0, the Zoning Advisory Commission recommends that the City Council
approved the request.
A simple majority vote is needed for the City Council to approve the request.
Respectfully submitted,
A10
Matt Mulligan, Chairperso
4�:
Zoning Advisory Commission
Attachments
cc: Marty Johnson AIA, Straka Johnson Architects
Service People Integrity Responsibility Innovation Teamwork
TI IF CITY OF
DUBbE
Masterpiece on the Mississippi
Zoning Advisory
Commission
❑ Amended PUD
❑ Rezoning/PUD/ID
X Text Amendment
❑ Simple Subdivision
❑ Preliminary Plat
❑ Major Final Plat
❑ Minor Final Plat
❑ Waiver from Site
Design Standards
Zoning Board of
Adjustment
❑ 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: 2350 Meinen Ct, Dubuque, Iowa 52002
Legal Description/Parcel ID#/Subdivision:
City of Dubuque
Planning Services Department
Dubuque, IA 52001-4845
Phone: 563-589-4210
Fax: 563-589-4221
planning@)cityofdubugue.org
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
Lot 3, Harvest Business Center, PIN:1016377011
Existing Zoning: C-2 Proposed Zoning: NA
Historic District: NA
Site Area (square feet/acres): 37,128sf I .852ac
-andmark: ❑ Yes ❑x No
B. Describe proposal and reason for application (attach a letter of explanation, if necessary):
Reauesting a text amendment to C-2 zone allowing a parking lot to be constructed on lot that does not have a
structure but is owned by Fidelity Company and constructed for the sole purpose of providing parking for the
Fidelity Company employees.
C. Applicant/Agent Information
Name: Straka Johnson Architects - Marty Johnson
Address: 3555 Digital Drive
State: I Zip:52003
Email: martyj@sjarch.com
D. Property Owner(s) Information
Name(s): Fidelity Company - Jim Kennedy
Address:
State: la
2375 Meinen Ct
Zip:
Phone: 563-556-8877
City: Dubuque
Phone: 563-583-3026
City: Dubuque
52002 Email: jimkjr@bankfidelity.com
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 of my/our knowledge and upon submittal becomes
public record.
Applicant/Agent: Date: 6-17-2024
Property Owner(s):
Date:
Fee $ Ck# ZZ I ` ❑CC ❑Cash Received by 2�_Date 17 z``
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
June 25, 2024
SUBJECT: To amend the Unified Development Code to include a definition of
Off -Premise Parking Lot and to list Off -Premise Parking Lot as an
Accessory Use in the C-2 Neighborhood Shopping Center and C-3 General
Commercial zoning districts.
INTRODUCTION
This memo transmits an application and an ordinance for a proposed Text Amendment
to multiple sections of the Unified Development Code (UDC) zoning regulations to add a
definition of Off -Premise Parking Lot and to allow Off -Premise Parking Lot as an
Accessory Use in the C-2 Neighborhood Shopping Center and C-3 General Commercial
zoning districts.
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 applicant, Straka Johnson Architects, has submitted an application to amend the
zoning code requirements to allow an off -premise parking lot. Currently, in the C-2 and
C-3 zoning districts the UDC allows parking lots as an accessory use to a permitted
use, so long as it is located on the same site as the principal use. Therefore, off -premise
parking lots are not currently permitted in these zoning districts.
The applicant has submitted this request in response to a need of their client, Fidelity
Bank, who owns multiple properties along Meinen Court. Fidelity Bank has an existing
office building located along the west side of Meinen Court, but they desire to construct
an off -premise parking lot on their vacant lot located to the east, across Meinen Court.
They desire this additional parking area to accommodate their growing operations in the
existing office building.
DISCUSSION
The proposed text amendment would allow an Off -Premise Parking Lot as an
Accessory Use in the C-2 and C-3 zoning districts. The objective of this amendment is
to allow a business that owns multiple properties within close proximity to each other but
separated by public or private streets or interceding properties, to utilize one or more of
Text Amendment Memo Page 2
Off -Premise Parking Lots in C-2 and C-3 Zoning Districts
their properties for a parking lot in support of their principal use. This amendment is not
intended to allow for the establishment of parking lots as a principal use or to promote
the creation of standalone parking lots throughout the city.
The proposed amendment would establish a definition of Off -Premise Parking Lot which
would specifically outline the standards and conditions of an Off -Premise Parking Lot.
The definition would be added to Chapter 2: Definitions of the Unified Development
Code. The proposed definition is as follows:
Parking Lot, Off -Premise: A hard -surfaced area not located in the public
rights -of -way, is designated for the parking of vehicles, and which meets all
of the following standards:
A. The off -premise parking lot shall be incidental and subordinate to a
permitted use and located on a lot within 300' of the principal use it
serves;
B. The off -premise parking lot shall be owned and maintained by the
property owner of the principal use it serves;
C. No vehicle or outside storage of any kind shall be permitted in, or
on, the off -premise parking lot; and
D. A site plan shall be reviewed and approved prior to the installation
of an off -premise parking lot.
The proposed request would list "Off -Premise Parking Lot" as an Accessory Use in the
following zoning districts:
■ C-2 Neighborhood Commercial
■ C-3 General Commercial
As proposed, the text amendment would establish specific standards for the
establishment of an Off -Premise Parking Lot. These standards are intended to create
very specific parameters in which an Off -Premise Parking Lot could be constructed,
while also offering a business/property owner some added flexibility with the use of their
property(ies) within the C-2 and C-3 zoning districts.
The text amendment could be adopted as proposed by the applicant, with staff and/or
Commission recommendations, or not adopted at all.
RECOMMENDATION
Planning staff recommends that the Zoning Advisory Commission review the
information in this packet, and then make a recommendation to the City Council on the
proposed text amendment.
Enclosures
Prepemd by: Welly Wemimmd. City Planner Address: CM Hall 60W 13th st TelepM e: 663589d210
Realm ta: Addenne Bm War. CiN Clerk Address: 01v Hell, 50 W. I St Telephone: 503aB"121
ORDINANCE NO. 44-24
AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF
ORDINANCES, UNIFIED DEVELOPMENT CODE, BY AMENDING ARTICLE 16.23
(DEFINITIONS) BYADDING A DEFINITION OF OFF -PREMISE PARKING LOT AND
BY AMENDING ARTICLES 16.5.11 C-2 NEIGHBORHOOD SHOPPING CENTER
AND 16.5.13 C-3 GENERAL COMMERCIAL BY ADDING OFF -PREMISE PARKING
LOT AS AN ACCESSORY USE
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 Chapter 16-2-3 Definitions is hereby amended as follows:
16-2-3 Definitions
Parking Lot, Off -Premise: A hard -surfaced area not located in the public
rightsaf-way, is designated for the parking of vehicles, and which meets all
of the following standards:
A. The off -premise parking lot shall be incidental and subordinate to a
permitted use and located on a lot within 300' of the principal use it
serves;
B. The off -premise parking lot shall be owned and maintained by the
property owner of the principal use it serves;
C. No vehicle or outside storage of any kind shall be permitted in, or on,
the off -premise parking lot; and
D. A site plan shall be reviewed and approved prior to the Installation of
an off -premise parking lot.
Section 2. That Title 16 of the City of Dubuque Code of Ordinances, Unified
Development Code Chapters 16-5-11 C-2 Neighborhood Stropping Center and 16-5-13
C-3 General Commercial, are hereby amended as follows:
Ordinance 44 - 24 Page 2
16-5-11-3 Accessory Uses
Off -Premise Parking Lot
16-5-13-3 Accessory Uses
Off -Premise Parking Lot
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 immediately upon publication, as
provided by law.
Passed, approved and adopted this 15r day of July 2024.
Brad M. C , ayor
Attest:
Trish L. Gleason, Assistant 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:
07/05/2024
and for which the charge is 35.91
Subscribed to before me, a Notary in and for
Dubuque County, Iowa,
this 5th day of July, 2024
Notary(Pu\lic in and for Dubuque County, Iowa.
re+A l a JANET K. PAPE
o y Commission Number 198858
• f
• My Commission Expires
rows 12/11/2025
Ad text :
CITY OF DUBUQUE, IOWA
OFFICIAL NOTICE
PUBLIC NOTICE is hereby given that the Dubuque City Council
will conduct a public hearing on the 15th day of July, 2024,
at 6:30 p.m., in the Historic Federal Building, 350 W. 6th
Street, 2nd floor, Dubuque, Iowa, on the following:
TEXT AMENDMENT
Request from Marty Johnson, AIA, Straka Johnson Architects
for property located at 2350 Meinen Court (PIN 1016377011) to
amend the Unified Development Code to include a definition of
Off -Premise Parking Lot and to list Off -Premise Parking Lot as
an Accessory Use in the C-2 Neighborhood Shopping Center and
C-3 General 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 7/5
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:
07/19/2024
and for which the charge is 33.81
subscribed to before n"le, a Notary Pub is in and for
Dubuque County, Iowa,
this 19th day of July, 2024
Notary ' • c in and for Dubuque Cbunty, Iowa.
jANET K. PAPE
Y
commission Number 199659
My Commission Eap'
reS
.� — 1211112025
%OWE
Ad text :
CITY OF DUBUQUE
OFFICIAL PUBLICATION
ORDINANCE NO. 44-24
AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE
OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY AMENDING ARTICLE
16-2-3 (DEFINITIONS) BY ADDING A DEFINITION OF OFF -PREMISE
PARKING LOT AND BY AMENDING ARTICLES 16-5-11 C-2 NEIGHBORHOOD
SHOPPING CENTER AND 16-5-13 C-3 GENERAL COMMERCIAL BY ADDING
OFF -PREMISE PARKING LOT AS AN ACCESSORY USE
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 Chapter 16-2-3
Definitions is hereby amended as follows:
16-2-3 Definitions
Parking Lot, Off -Premise: A hard -surfaced area not located
in the public rights -of -way, is designated for the parking of
vehicles, and which meets all of the following standards:
A. "The off -premise parking lot shall be incidental and
subordinate to a permitted use and located on a lot within 300
of the principal use it serves;
B. "The off -premise parking lot shall be owned and maintained
by the property owner of the principal use it serves;
C. "No vehicle or outside storage of any kind shall be
permitted in, or on, the off -premise parking lot; and
D. "A site plan shall be reviewed and approved prior to the
installation of an off -premise parking lot.
Section 2. That Title 16 of the City of Dubuque Code of
Ordinances, Unified Development Code Chapters 16-5-11 C-2
Neighborhood Shopping Center and 16-5-13 C-3 General
Commercial, are hereby amended as follows:
16-5-11-3 Accessory Uses
Off -Premise Parking Lot
16-5-13-3 Accessory Uses"
Off -Premise Parking Lot
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 immediately upon
publication, as provided by law.
Passed, approved and adopted this 15th day of July 2024.
/s/Brad M. Cavanagh, Mayor
Attest: /s/ Trish L. Gleason, Assistant City Clerk
Published officially in the Telegraph Herald newspaper on
the 19th day of July, 2024.
/s/Adrienne N. Breitfelder, CMC, City Clerk
It 7/19