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Code of Ordinances Amendment - Title 16 UDC Allowable Signage_Adult/Child Day Care in Residential Districts Copyrighted August 21, 2017 City of Dubuque Public Hearings # 3. ITEM TITLE: Code of Ordinances Amendment- Title 16 Unified Development Code -Allowable signage for Adult Day Care Services and Licensed Child Care Facilities in Residential districts SUMMARY: Proof of publication on notice of public hearing to consider a request from the Cozy Corner Adult Day Care to amend Title 16 Unified Development Code Section 8 to establish allowable signage for Adult Day Care Services and licensed child care facilities in Residential Districts and the Zoning Advisory Commission recommending approval. ORDINANCE Amending Title 16 of the City of Dubuque Unified Development Code, by amending 16-8-5.10 to permit freestanding signs for licensed adult day care services and licensed child care centers SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion A ATTACHMENTS: Description Type ZAC Letter Staff Memo Applicant Materials Supporting Documentation Staff Materials Supporting Documentation Ordinance Ordinance Sugggested Motion Wording Supporting Documentation Planning Services Department Dubuque City Hall THE MY OF 50 Dubuque, e,IA 520 DuB Dubuque,IA 52001-4864 11..J� (563)589-4210 phone QTE (563)589-4221 fax Masterpiece on the Mississippi (563)690-6678 TDD ,x,..11-.11-.7 planning@cityofdubuque.org August 9, 2017 The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 13th Street DubuquelA 52001 Applicant: Cozy Corner Adult Day Care Location: 2025 Radford Road Description: To amend Sections 8 and 15 of the Unified Development Code to establish allowable signage for Adult Day Care Services and licensed child care facilities in residential 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 The applicant, Mariko Wilbricht, spoke in favor of the request, reviewing that current City Code limits adult and child care facilities to a single four-foot square wall-mounted sign. The applicant indicated that a larger freestanding sign is needed to adequately identify their location for visitors and emergency responders. Staff reviewed the staff report, noting that within the R-1 Districts, education, and places of religious assembly currently are allowed two 32-square foot freestanding signs per premises. Staff noted that both licensed child care facilities and adult day care services have grown in size and number in the last several years. Staff also noted each type of facility is required to obtain a Conditional Use Permit from the Zoning Board of Adjustment. There were no public comments. The Zoning Advisory Commission discussed the request. Commissioners Norton and Roussell expressed support for the proposed amendment. Recommendation By a vote of 6 to 0, the Zoning Advisory Commission recommends that the City Council approve the requested text amendment as submitted. A simple majority vote is needed for the City Council to approve the request. Resp'eec�tffulllyy/� � te submmiitted, Thomas Henschel, Chairperson Zoning Advisory Commission Attachments Service People Integrity Responsibility Innovation Teamwork THE cm of City of Dubuque DT T� Planning Services Department lJ Dubuque, IA 52001-4805 Masterpiece on the Mississippi Phone: 563-589-4210 Fax: 563-589-4221 DlanninaCalcitvofdubuoue ora PLANNING APPLICATION FORM ❑Variance ❑Preliminary Plat ❑Simple Subdivision ❑Certificate of Appropriateness ❑Conditional Use Permit ❑Major Final Plat ;[ext Amendment ❑Advisory Design Review(Public Projects) ❑Appeal ❑Minor Final Plat []Temporary Use Permit ❑Certificate of Economic Non-Viabilitv ❑Special Exception []Simple Site Plan ❑Annexation []Historic Designation Choose one - [-]Limited Setback Waiver ❑Minor Site Plan ❑Historic Revolving Loan [:]Demolition ❑Rezoning/PUD/ID ❑Major Site Plan []Historic Housing Grant [--]Port of Dubuque Design Review Please type or Print leaibly in ink Propertyowner(s):Wllbricht,LLC Phone: 563-690-6900 Address: 2025 Radford Rd City: Dubuque State: IA zip:52002 Fax#:563-552-7178 Cell #: 563-590-4523 E-mail: cozycorner2000@gmail.com Applicant/Agent: Cozy Corner Adult Day Care Phone: 563-590-4523 Address:2785 Pennsylvania Ave City: Dubuque state: IA Zip: 52001 Fax#:563-552-7178 Cell #:563-690-6900 E-mail: cozycorner2000@gmail.com Site location/address:2025 Radford Rd Neighborhood Association: N/A selaat select District:zoning: Proposed zoning: District: Landmark: El Yes [M No Legal Description (Sidwell parcel ID# or lot number/block number/subdivision): lot 1 of 1 slegert farm no 1 Total property(lot)area (square feet or acres): 0.82 acres Describe proposal and reason necessary(attach a letter of explanation, if needed): 'TO F'C—&ZisUIT A G c 40 tr8lr LLD4;'FS 'sa&—/JArr '6DLDd-r Qw.1 tozc— 2 S 1� IL.d4F'06-eL> //_9Aa Ls> IfA111 5 "F,&1_11`t_aVIF_� - CERTIFICATION: I/we,the undersigned,do hereby certify/acknowledge that: 1. It is the property owner's responsibility to locate property lines and to review the abstract for easements and restrictive covenants. 2. The information submitted herein is true and correct to the best of my/our knowledge and upon submittal becomes public record; 3. Fees are not refundable and payment does not guarantee approval; and 4. All additional required written and graphic materials are attached. Property Owner(s ` Date: I.,qj kA VW \V�- L�v Wk, Applicant/Agent: Date: FOR OFFICE USE ONLY—APPLICATION SUBMITTAL CHECKLIST Y0 _ / Fee: Z(akl• Received by: 'w- 'ice' Date:dce_n` ocket: �� Ct �, . 4 d ; 1 / / 0, 38 sq. ft. non-illuminated 1 F� Coeur Namur. BUUUO UMPANY �"" G.e Appwe lae�on: 563-582-1691 Retla"Rtl Date Dubuque THE CITY OF DUB E Masterpiece on the Mississippi 2W•m�=•m�3 July 26, 2017 TO: Zoning Advisory Commission FROM: Guy Hemenway, Assistant Planner (� SUBJECT: To Amend Articles 16-8-5.10 (19) and (20) and16-15-11.1 of the Unified Development Code to Permit Freestanding Signage at Adult Day Services and Licensed Child Care Facilities located in Residential Districts. INTRODUCTION Robert and Mariko Wilbricht, of Cozy Corner Adult Day Services, are seeking approval to amend Articles 16-8-5.10 (19) and (20) and16-15-11.1 of the Unified Development Code (UDC) to allow adult day services facilities and licensed child care centers to have one, 32 square foot, 10-foot high, non-illuminated freestanding sign on the premises. Currently, such facilities are only permitted one, 4 square foot wall-mounted sign per premises. DISCUSSION Schools, both private and public, and places of religious assembly located in residential districts are permitted two, 32 square foot, 10 feet high freestanding signs per premises. These facilities are often located in residentially zoned districts in residential neighborhoods. The intent of the UDC sign regulations is to enable these facilities to clearly identify the name and location of the institution to the motoring public. This is especially important to visitors to the area trying to find athletic events or funeral services, for example. Adult and child care centers also have out-of-town visitors, deliveries and emergency vehicles whose drivers could benefit from signage that clearly identifies the name and location of the facilities. These signs generally have little effect on the character of the surrounding residential neighborhoods. RECOMMENDATION Staff recommends that the Zoning Advisory Commission consider amending Articles 16- 8-5.10 (19) and (20) and16-15-11.1 of the Unified Development Code regulating freestanding signage setting standards identical to those for signs located in residential districts for schools and places of religious assembly. This would enable these facilities to have up to two, 32 square feet each, 10 feet high, non-illuminated freestanding signs per premises and clearly identify the name and location of the centers. GH/mkr Prepared by: Laura Carstens. City Planner Address: City Hall. 50 W. 13th St Telephone: 589-4210 Return to: Kevin Firnstahl, City Clerk Address: City Hall- 50 W. 13th St Telephone: 589-4121 ORDINANCE NO. 38-17 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY AMENDING 16-8-5.10 TO PERMIT FREESTANDING SIGNS FOR LICENSED ADULT DAY SERVICES AND LICENSED CHILD CARE CENTERS 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 Article 16-8-5A0 is hereby amended as follows: Licensed adult day services. A licensed adult day services facility may be allowed in the R-1, R-2, R -2A, R-3, R-4, OR, OS, OC, C-1, C-2, C -2A, C-3, C-4, C-5, CS, CR, LI, HI, MHI and RROD districts in accordance with the following conditions: A. Such facility shall supply loading and unloading spaces so as not to obstruct public streets or create traffic or safety hazards; B. State certification has been granted or applied for and is awaiting the outcome of the state's decision; and C. Signage shall be limited to two (2) non -illuminated freestanding signs not to exceed 32 square feet in area and 10 feet in height. Licensed childcare center. A licensed childcare center may be allowed in the R- 1, R-2, R -2A, R-3, R-4, OR, OS, 00, C-1, C-2, C -2A, C-3, C-4, C-5, CS, CR, LI, HI, MHI, and RROD districts in accordance with the following conditions: Ordinance 38-17 Page 2 A. Such facility shall supply loading and unloading spaces so as not to obstruct public streets or create traffic or safety hazards; B. All licenses have been issued or have been applied for and are awaiting the outcome of the state's decision; and C. Signage shall be limited, to two (2) non -illuminated freestanding signs not to exceed 32 square feet in area and 10 feet in height. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 21St day of A ust, 2017. 9 91 Roy D. Buol,rlVayor Attest: Kevin t6. Firnstahl, City Clerk STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: August 11, 2017, and for which the charge is $19.01. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this /5 day of f , 20 / 7 Notary Public in and for Dubuque County, Iowa. MARY K WESTERMEYER Commission Number 154885 My Commission Exp. Feb. 1, 2020 CITY OF DUBUQUE,_ IOWA OFFICIAL NOTICE NOTICE 'is hereby given that the ,Dubuque City Council will con- duct a public hearing at a meeting to com- mence at 6:00 p.m. on Monday, =, August 21, 2017, in the Historic Federal Building Coun- cil Chambers (second floor); : 350 West 6th Street, ' on the, fol, lowing: REZONINGS Request from Cozy Corner Adult Day Care to: amend Sections 8 and `15 ,'of the Unified Development,,Code to establish, - allowable signage for Adult Day Care.< -Services and licensed child care facilities in Residential districts., of supporting documents for the public hearings are on file in the City Clerk's Office and may. be viewed during normal working hours. Written comments regarding the above public hearings may be 'tubmitteed °to the City ' Jgrks.:Pf€i 9;e50 Nl: 13, Street, ;' bri", or before ' 'said ',the ' of public hearing. At said time and place of public hearings all interested, citizens and parties will be. given an opportunity to be heard for or against said actions. Any visual or, hearing impaired persons need- ing special assistance or persons with special accessibility needs should "contact the City Clerk's Office.: at (563) 589-4100 or TDD/TTY (563) "690-6678 at least 48hours prior to, the meeting. Kevin S. Firnstahl, - CMC, City'Clerk 1t 8/11 STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications; Inc., an Iowa corporation, publisher of the Telegraph Iterald,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: August 25, 2017, and for which the charge is $24.98. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this , ,,rej day of % , 20 /7 . Notary Public in and for Dubuque County, Iowa. MARY K WESTERMEYER Commission Nurnber 154885 My Commission Exp. Feb. 1, 2020 OFFICIAL PUBLICATION ORDINANCE NO. 38-17 AN ORDINANCE AMENDINGTITLE 16 pv,.. ;THE CITY OF DOLIOUE, CODE OF , ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY,,, AMENDING 16-8-5.30 10, PERMIT FREESTANDING SIGNS' FOR LICENSED ADULT DAY SERVICES AND LICENSED CHILD , CARE CENTERS NOW, THEREFORE, BE Itjo0BDAINED BY THE CITY COUNCIL OF THE, CITY OF DUBUQUE,dWA: Section 1. That Title 15 of the , City of Dubuque Code of Ordinances, Unified Development j Code Article 16-8J-5.10 is hereby amended as J follows: ; J supply loading and j Licensed adult dayJI unloading spaces sb as J serstteS.,j'"k "olicensed,J not to obstruct public J adblt day Services streets or create traffic J faOilltIrbin4y§P'411OwPci!1 or safety hazards;; tljt;'44..ER2A; o B. All licenses ,,have I 3,124,0k, OS, OC, C.71.;'j'J been issued or have I ,C-2> C -2A, C-3, C-4, C5, -JJ.1 L , been applied for and CS, CR, LI, H1,1.9.111'9c1j", are awaiting ; the J RROD outcome, of the state's adeOrdancePirvith: the' derision; and followin§COnditioriS: j: , C. "Signage shall be A. Such facility shall j Ilinitetf to two,(2) non- j SupPly loading and illuminated freeStand- unloading spaces so as signs not to exceed rinotto obstruct "public 32, S,§ilare feet in area ' strcets or create trathc ant11.0 feet in height: J or safety hazards; ' 'Section 2. The fore- 8.StatecrtifIcationjjJ,JgoingAmendment has has been; granted ofj ,40toto're been re- '4120.ligch,TP11 and 5 viewed by the Zoning awaiting the outcome Advisory -jjOommissien, of the state's decision; i 944900i and , '• C. Signage shall be j Section 3.'. TOW ordi- hmited to two (2) non71, rianee shall taWerfeet illuminated freestand,.-4, j ni m.ediatektiid§rPrib- iu§signs not to exceed lication,J4JDOMK1P0'0Y I ; r," 32 square feet in area .1 I and lafeet in height. .:iffde'en54childcarei,:adopted IfiAtz3RN4Y center*1.1011§4 01)11,c1- August 2017!...? care- 'cintrorq1134Y," De /s/Roy D. BO, Mayor allowed in the 81, 13-2; J.11 Attest: /s/Kevin S. R -2A;-,10,: R-4, ,OR, OS, Firnstahl; City Clerk j OC, C-1, C -2A; C-3, Published officially in , C-4, C-5, CS,J CR; LI, HI, I the Telegraph Herald WIHIt and RROD• dis- newspaper on the 25th trids in .:;,accordance 1, day of August, 2017. oj with the „following j: /s/Kevin S.:Firnttahl, conditions: ' ;City Clerk A. Such facility shall fl8/25