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Code of Ordinances Amendment - Title 16 South Pointe Planned Unit Development (PUD)City of Dubuque ITEM TITLE: SUMMARY: SUGGESTED DISPOSITION: ATTACHMENTS: Description ZAC Letter Vicinity Map Applicant Materials Staff Materials Ordinance Exhibit 1 Proof of Publication Suggested Motion Wording Copyrighted October 16, 2017 Public Hearings # 1. South Pointe Planned Unit Development (PUD) Amendment Proof of publication on notice of public hearing to consider approval of a request from Dubuque South Pointe, LLC to amend the South Pointe Planned Unit Development (PUD) for South Pointe Subdivision on Rockdale Road to allow additional, two -unit dwelling building Tots and the Zoning Advisory Commission recommending approval. ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances Unified Development Code by rescinding Ordinance 14-16 which provides regulations for the South Pointe PUD Planned Unit Development District with a Planned Residential Designation and now being amended to re -designate 19 building lots along South Pointe Drive and Long Hollow Drive from Single -Family Detached Dwellings to Townhouse Dwellings Suggested Disposition: Receive and File; Motion B; Motion A Type Staff Memo Supporting Documentation Supporting Documentation Supporting Documentation Ordi nance Supporting Documentation Supporting Documentation Supporting Documentation Planning Services Department City Hall 50 West 1301Street Dubuque, IA 52001-4864 (563) 589-4210 phone (563) 589-4221 fax (563) 690-6678 TDD planning@citvofdubuoue.org Masterpiece on the Mississippi The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 13th Street Dubuque IA 52001 Dubuque Ail•Ametica City 2007. 2012.2011.2017 October 9, 2017 Applicant: Dubuque South Pointe, LLC Location: Rockdale Road, South Pointe Subdivision Description: To amend the South Pointe Planned Unit Development to allow additional two -unit dwelling building lots. 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 Commissioner Norton recused himself from the table. The applicant spoke in favor of the request, reviewing the requested amendment to allow additional two -unit dwelling was based on the number of inquiries that developers has been receiving for townhouses. The applicant reviewed the location of the lots to be in the second phase of the subdivision and noted the lots could still be developed for single-family homes but that the amendment allows for greater flexibility. Staff reviewed the staff report, reviewing the existing layout of South Pointe Subdivision indicating total number of dwelling units allowed by the current ordinance and the number and mixture of dwelling units if the requested PUD amendment is approved. Planning staff noted that if all the requested lots were developed with two -unit townhomes, that the potential vehicle trips would increase by 42 average daily trips. There were no public comments. The Zoning Advisory Commission discussed the request, clarifying the location and number of potential additional dwelling units. The Commissioners had no objections to the proposed amendment. Recommendation By a vote of 6 to 0, with one abstention, the Zoning Advisory Commission recommends that the City Council approve the request. Service People Integrity Responsibility Innovation Teamwork The Honorable Mayor and City Council Members Page 2 A simple majority vote is needed for the City Council to approve the request. Respectfully submitted, Thomas Henschel, Chairperson Zoning Advisory Commission Attachments Service People Integrity Responsibility Innovation Teamwork THE CITY OF Dubuque kcend DuB • EAB-AmeticaCity Masterpiece on the Mississippi Vicinity Map City of Dubuque 2007 •2012 •2073 Applicant: Dubuque South Pointe, LLC. Location: Rockdale Road, South Point Subdivision Description: To amend the South Pointe Planned Unit Development (PUD) to allow additional two -unit dwelling building Tots. Legend South Pointe PUD 200 Foot Notification Area Notified Properties City limits DISCLAIMER: This Information was compiled using the Dubuque Area Geographic Information System (DAGIS), which includes data created by both the City of Dubuque and Dubuque County II Is understood that, while the City of Dubuque and participating agencies utilized the most current end accurate information available. DAGIS and its suppliers do not warrant the accuracy or currency of the Information or data contained herein. The City and participating agencies shall not be held liable for any direct, indirect, incidental, consequential, punitive. or special damages, whether foreseeable or unforeseeable, ansing out of the authorized or unauthorized use of this data or the Inability to use this data or out of any breach of warranty whatsoever. NA Masterpiece ori tlw Mississippi ['Variance [Conditional Use Permit Appeal [Special Exception [Limited Setback Waiver •Rezoning/PUD/ID PLANNING APPLICATION FORM ['Preliminary Plat ❑Major Final Plat EMinor Final Plat ❑Simple Site Plan ['Minor Site Plan ['Major Site Plan [Simple Subdivision ❑Text Amendment ❑Temporary Use Permit EAnnexation [Historic Revolving Loan [Historic Housing Grant City of Dubuque Planning Services Department Dubuque, IA 52001-4805 Phone: 563-589-4210 Fax: 563-589-4221 olannina cacitvofdubuque.orq Certificate of Appropriateness ❑Advisory Design Review (Public Projects) [Certificate of Economic Non-Viabilitv ['Historic Designation Choose One Demolition [Port of Dubuque Design Review Please tvoe or print leaiblv in ink Property owner(s): Dubuque South Pointe LLC Phone: 6-63-663 -- og /6 Address: PO Box 141 City: East Dubuque—sState: IL zip: 61025 7, Fax #: Cell #: E-mail: 4 CO() 6C k 6 t/c' Applicant/Agent: ,Ai%n I{eel /te-'Phone: / n Address: 47 7O 44 c are, ---3 City: ti�0r Fax #: 5 6 5 5-t/6J/ — CC I #: ✓6. 6/33 ^.6',O. E-mail: Alc ri, r. Site location/address: State;—'1 Zip: 5 " Rock q ie_ 2.4 / e7 1,0.9 t— Neighborhood Association: N/A PUD -PR PUD -PR N/A Existing zoning: Proposed zoning: District: I andmark: El Yes ❑■ No Lot 1 and Lot 1-1-2 of Tower Investments Sub. No. 1 Legal Description (Sidwell parcel ID# or lot number/block number/subdivision): Total property (lot) area (square feet or acres). . 96.0 ac. Describe proposal and reason necessary (attach a letter of explanation, if needed): Revise PUD 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): 1�Applicant/Agent: _..-- FOR OFFICE USE ONLY — APPLICATION SUBMITTAL CHECKLIST Fee: yq.QO Received by: cl4c k Zoe 1 083 Date: Date: /// q- x-77 Date: q/G//?Docket: THE CITY OF DuI3tx1JE Masterpiece on the Mississippi Dubuque kard All -America City 1111 1,? 2007 • 2012 • 2013 • 2017 TO: Zoning Advisory Commission FROM: Kyle L. Kritz, Associate Planner SUBJECT: Amendment to South Pointe Planned Residential Development DATE: October 2, 2017 INTRODUCTION Dubuque South Pointe, LLC has submitted an application requesting an amendment to their South Pointe Planned Unit Development (PUD) to allow the construction of 19 two - unit townhouses on lots designated for single-family homes in the second phase of the South Pointe development. The South Pointe Planned Unit Development was approved in May 2016 and provides for the construction of 101 single-family homes and 91 town house dwelling units. Currently, the first phase of South Pointe is under construction with the final plat having been approved by the City Council on June 5, 2017. DISCUSSION Dubuque South Pointe, LLC has requested an amendment to the South Pointe Planned Unit Development ordinance to allow construction of an additional 38 two -unit townhomes on building lots that were specified for single-family homes in the original PUD concept plan approved in May 2016. These 19 Tots are currently designated for single-family homes and would be platted along South Pointe Drive and developed as part of Phase 2 of the South Pointe project. The PUD Ordinance for South Pointe designated areas within the development for commercial, townhomes, and single-family homes. The proposed amendment will have the effect of allowing 19 additional dwelling units over what was approved in May 2016. The new dwelling unit breakdown for the South Pointe project will be 82 single-family homes and 129 townhouse dwellings. The additional units will not significantly impact the anticipated trip generation as townhouse units will typically generate fewer vehicle trips than a single-family detached dwelling. Based on Institute of Traffic Engineers Trip Generation Manual 7th Edition, a detached single-family home will generate 9.55 average daily trips, while a townhouse or condominium dwelling will generate 5.86 average daily trips. The proposed change of allowing 38 additional townhouse units in lieu of 19 single-family homes will result in a net increase of 42 average daily trips. Amendment to South Pointe PUD Page 2 RECOMMENDATION Planning staff recommends that the Zoning Advisory Commission review the proposed request and the criteria for amendments to Planned Unit Development Districts found in Section 5.24.5 of the Unified Development Code, and make a recommendation to City Council regarding the proposed amendment to the South Pointe Planned Residential District. KLK/mkr Attachments 2 (' 631 556-4389 i 2 x(003 x00007) irvn %00:0312003 O 8 N L`6sJake r2v xrx oii55 :'u 520003 Lo 1300'*02000*7) 5 n x ° a,•o R011ianw p 5..0+5003 fll (3) (3) 1 f.] 1 f5] 161, (311.471(0)\(00)\ (11)(13) oi`1�44v L*o3 L01I1503.000M) N Lt.*" J 7MI0- xrv. • f3]JJlanwn *M/* ' (dlna5w 53003 1 VER -DR __-- ' Zone A °UESINC k ASSO tt (1303NAL *Omw Sx(f A.xnx d .1 a. 1W W.w i� 0.0.005 3ry 0,10-5-3 ----- 70•11I ]„R Ro (1.301001) d..R. u 74:13 Pe. EXHIBIT 1 (1)107 0 00(101 7. 4.001 x(0(75 SW n (ISmNx01.) / Sw1. O.n0 i •f 01. / 47(0 2.103 d / 4(007... (. 5:003 (3) 03 10-.400 . ].0000Sx004h20®.n q(1 300031510)147 Raxp 7013, u / t 0 n d. / Wo-ro•, a a]Oa> / 1*". x yuf / 1603 x00, d. / 0001040. a 5373! 005 t -1f. tt00x 1. JNttP xL(drs su. n V,Zr5) / 5 w / 46N x0003 d / dfuw.. �. 5330] 005 3-I3, &OM 1. AMR x00(47 S O. (1504152031 /400, 401... i • 0104 1. /i1N3 zany d / P 21.3 u 5750] 3004 5..1.443 Mq(45 040. in (1501457035 / 10.0Gi as A ` 1250 x.1WY d / OawS.. u 33005 (e 0 3 3-10 %0N z x 44 005 sus. 00O*7300) / 3040 b00 / 0303 0.4000 d / 3.150.0 53006 :) 005` aaa 7. J¢crx 1x4(iais ux+. i3 (I0((ie5 1 / 41 „'. 42*210. n.'..i lxa; /x15400 2..03 /d°i°° 0000702. 11 w (10) LOS 2-1. 00004 1. JYO7R 12=5u& 0* (47011510].) / ,3033, x.00..13 .1a 0. / 1N0 OedY 01. /01005.. a 33003 (0» 047 2-540. 00001 1 (*0002 40415v 0. 12 i43011200u1 / 04.�ax0wy04 E.12141.1201. 122 021 0,0 / www(. u 22000 'DR. 0' 2.5' 125' 250' (15'x17.) )' • 125' (21-x36-) 7P1 NBROOK -LLQ Td INS 5 • -®' 000.1.. a atom _ ir t4© :ARD E 11F� Ni/ 0.4 fit „ .. ".L "5 T�n ��. St 7 n j** (,13.11.1.MOWMRxx(1 1 wet.rl N.0 0 004040 3=,= 70 =,00;,x] ,53 (4 ---3v.I,L.RS m R.L Ns .nio�riewl) MOW 0 S 00 o u z OH: ilio o0W 00 0 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@citvofdubuaue.org Aaron Healey 600 Star Brewery Dr Dubuque IA 52001 RE: City Council Public Hearing — PUD Request Dear Applicant: Dubuque X115 Masterpiece on the Mississippi October 5, 2017 The City Council will consider your Planned Unit Development (PUD) request for an amendment to the South Pointe Planned Unit Development at a public hearing on Monday, October 16, 2017. Please attend this meeting, or send a representative to the meeting in your place to present your request and answer questions. City Council meetings begin at 6:00 p.m. in the City Council Chamber, 2nd Floor, Historic Federal Building (Post Office), 350 W. 6th Street, Dubuque, Iowa. Please contact the Planning Services Department at (563) 589-4210 if you need more information or have any questions. Sincerely, Kyle L. Kritz Associate Planner Enclosures cc: /evin Firnstahl, City Clerk Service People Integrity Responsibility Innovation IIII Il IIII lll lI Ill I V11II111 IIiIV1Ni Doc ID' 008725520007 Type: GEN Kind: ORDINANCE Recorded: 10/24/2017 at 02:13:20 PM Fee Amt: $37.00 Page 1 of 7 Dubuque County Iowa John Murphy Recorder Fi1e2017-00013239 Prepared by: Laura Carstens. Citv Planner Address: City Hall, 50 W. 13th St Telephone: 589-4210 Return to: Kevin S. Firnstahl, Citv Clerk Address: Citv Hall- 50 W. 13th St Telephone: 589-4121 ORDINANCE NO. 43-17 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES UNIFIED DEVELOPMENT CODE BY RESCINDING ORDINANCE 14-16 WHICH PROVIDES REGULATIONS FOR THE SOUTH POINTE PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PLANNED RESIDENTIAL DESIGNATION AND NOW BEING AMENDED TO RE -DESIGNATE 19 BUILDING LOTS ALONG SOUTH POINTE DRIVE AND LONG HOLLOW DRIVE FROM SINGLE-FAMILY DETACHED DWELLINGS TO 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 14-16 which provides regulations for a Planned Unit Development District with a Planned Commercial District designation for South Pointe, and now being amended to change the allowed use of 19 building Tots along South Pointe Drive and Long Hollow Drive from single-family dwellings to 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. South Pointe PUD Amendment Page 2 Ordinance No. 43-17 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. 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. 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: Permitted Uses 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 Zone A Min Lot Min Lot Max Lot Area Frontage Coverage (square (% lot feet) (feet) area) Front (feet) Min Setbacks Min Side Max (feet) Min Rear Max Height (feet) (feet) 20,000 100 5,000 50 5,000 50 5,000 50 20,000 100 40 40 20 20 50 20 6 20 20 751 30 40 20 50 6 20 30 40 20 40 20 20 20 6 20 30 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. South Pointe PUD Amendment Ordinance No. 43-17 Zone B Permitted Uses Multiple -family (six du max) Place of religious exercise or assembly, School Single-family detached dwelling Townhouse (six du max) Two-family dwelling Conditional Uses Individual zero lot line dwelling Bed and breakfast home Group home Hospice Housing for the elderly or disabled Licensed adult day services, Licensed child care center Mortuary, funeral home or crematorium Nursing or convalescent home Off -premise residential garage Rooming or boarding house Min Lot Min Lot Max Lot Area Frontage Coverage (square feet) (feet % lot area) 2,000/du 20,000 50 100 5,000 50 1,600/du 16/du 5,000 50 5,000 5,000 5,000 5,000 20,000 40 40 40 40 40 50 40 50 40 50 40 50 40 100 40 Page 3 Setbacks Front (feet) Min 20 20 Max 20 50 20 20 50 4 Min Max Rear Height (feet feet 20 20 20 30 751 4 20 30 4/0 20/0 30 4 20 30 20 50 10/0 20 30 20 50 4 20 30 20 4 20 30 20 4 20 30 20 20 20 ! 30 5,000 j 50 40 20 20,000 100 40 20 4 20 i 40 20 20 30 20,000 i 100 40 20 20 ! 20 30 --- j --- --- 20 ! 4 j 6 15 5,000 j 50 j 40 20 I 4 20 30 1 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. Mt teat Area (sour fit Matt Lot c+terage (ibt" ET Tal jAlr Uses j — -- ; `I0 ' Minimum 20feetfor garages facing a street When abutting a residential or office -residential district, a 20f©ot side setback is required_ ` When abutting a residential or office -residential district, a 20foot rear setback's 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 South Pointe PUD Amendment Page 4 Ordinance No. 43-17 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) 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. 3) 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. 4) 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 South Pointe PUD Amendment Page 5 Ordinance No. 43-17 Dubuque relative to storm water management and drainage shall apply to properties in the PUD District. 5) 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. 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. G. 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. H. 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. 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 16th day of October, 2017 Roy D. Buol, Mayor Attest: Key r 5. Firnstah , City Ierk CERTIFICATE of the CITY CLERK STATE OF IOWA ) SS: COUNTY OF DUBUQUE ) I, Kevin S. Firnstahl, 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. 43-17 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 17th day of October, 2017. Kvi S. Firnstahl, CNBC, 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: October 6, 2017, and for which the charge is $18.71. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this /pa day of�� , 20 /7 . Notary Public in and for Dubuque County, Iowa. MARY K WESTERMEYER Commission Number 154885 My Commission Exp, Feb. 1, 2020 CITYOF DUBUQUE, IOWA OFFICIAL NOTICE NOTICE is hereby giv- , en that- .the. "Dubuque City'Coiahcil win ccon- duet 'a publicXhearing at, A Meeting to Corn- ' enc'e,'r'at;'6:00 p:, a.: on, Monday,' :October' 16, ' 2017; in the Historic: Federal Building Cil' Chambers (second„ :riper), 350. West 6th ,Street, On the follow= AMENDMENT TO PUD Request from „Dube clue; South Pointe, LLC to';!amend ,;'the, South Pointe Planned ,:Unit i'Development: (PU)) ,for South `Pointe; SubdiVi- Sion on Rockdale -Road to.`. allp:w additional, two; unit,: dwelling budding lots..'` ' Copies ofsupporting documents,for the pub- lic hearings are on file in- the ,City Clerk's, Of, fice,,--and . may be viewed during normal working hours. Written comments re- garding the above pub- lic hearing may be sub- mitted ":'to the City Clerk's • Office, 50 W. 13th Street, on or be- l= fore:said tirne,of public 'fhearing:;`'At said time and: ,,place' of public., hearings all interested citizens' •and parties Will be given an oppor- ', tunity to 'be heard for or against said actions. Any visual or hearing impaired persons needing special assis- tance or, persons with special', accessibility needs should contact 1, the City Clerk's" Office at (563) .589-4100 or TDD/TTY- (563) 690- 5678, at least 48' hours prior to the meeting. KevinS. Firnstahl, CMC, City Clerk It 10/6 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: October 20, 2017, and for which the charge is $115.29. 0 Subscribed to before me,Notary Pu lic in and for Dubuque County, Iowa, this clpe, day of C-�p-� , 20 /7 . 7.7ze4ei Public in and for D ique County, Iowa. MARY K WESTERMEYER Commission Number 154885 My Commission Exp. Feb. 1, 2020 OFFICIAL PUBLICATION' ORDINANCE NO ;43-17 ,, AN ORDINANCE AMENDING: TITLE.: 16, Oft'THE' CITY.: OF DU- BUQUE -COD€ OF OR- DINANCES. UNIFIED DEVELOPMENT' CODE BY',. RESCINDING Olt- DINANCE 14-16 WHiCH, PROVIDES REGULATIONS 'FOR THE SOmmH,; POINTE PUD PLANNED {JNIT TRICT WITH A PLAN stn Y 49dei NED RESIDENTIAL 3inIy'°Resit 'DESIGNATION AND,: _ t Now: -,BEING AMEND } zone B Ge0eraI:vi ED TO RE -DESIGNATE pose and tiescriPti eB 19: ;BUILDING- LOTS . Zone;,tsint@rjd8ls:tb ALONG SOUTH.Rrovide building POINTE DRIVE AND fbf multi Family6 R LONG HOLLOW G �IudihE tWn suints ap DRIVE FROM SINGLE tkidi unit laterally af, ; FAMILY..IDETACHED, tadhed dwellings, and . DWELLINGS TO TOWNHOUSEDWELL agcessorystructures,. iNGS 1) Developm ent of NbW,;!THEREFORE, BE property with Zone B ' IT ORDAINED . BY THE ofr the South ° Pointe CITY COUNCIL OF THE PlannedUnit Devej p . CITY:OF DUBUQUE, 10 meat shah be regtilat ed by Section 16 5%of' W Section i T That Title the "Urufi2 Dev4 cii14> is of the City-of.Dubu i,.rrient Coded nue Code of ordinan ate Deitaity t (t ccs Unified .,Develop Family Residei)t�al meat: Coder is` hereby {';-'Zone C cj ;esgrptiron ame ded by resc€nd€ng pp Ordinance 14 16 which 'P., C iss:lnter de to 1`.provides regulations , jpi'ovide space fat>i F,for a Planned.Unit De Ririei'ciai busltnassesrto r ' velopment District with, .serve South Pgi•nte and , a Planned Commergial. „the surrounding cote District designation for t'rnunity - s South Pointe,: and. now 1) DeVe€op lent Of being , amended to property v5ithJn Zone C j change` -the. ,;allowed i_ of the,, South Pointe;,; use of 1 tiytlding lots i Plaflnfed `int pevelop l aigng lith ,. P.oInte rYlant asha t be regillat Drive andtong Hollow t,ed by the,jirovisions_of Drive g from-singleSecfigP •of the _ £ faniilY,i fdwehmgs.; . to ` 1�llfje kDe eI0pmt ort, .,4F r=Shnhmryg,center. A. Use Regulations Zone A::General Pur Pose and Description: Zone A is intended to provide building lots. for' single-family de-,.., tached•.dweihngs . and structures as„ park and open space, 1) 'Development of; propertywith€n Zone A of xrthe ySouth Pointe- �Pla jned'Unit Develop mfkt�sitaMi� f�e� �u�SM'i �= Oban a. townhouse dwellings: • the adjoining Public ,I i ' au"`' Gyufatio'ns Orland' 1-,ngfitof-waY::all in.,the W`hlZosA B`nd C€tyof Dubuque; Iowa„ F> I CSection 2 Attached ti va l� ?? regulated as hereto'and Made a part i { s of this zoning reclassi Z2ttetq :Min Lot Area.:. IFsler�fi,s1Y'a 4feet), fNill _LO foet) o rftinax , 9fo4eiage ..area} Setbacks Front {feet{t Min Setbacks" • <Eft5y (feet) Max,. Set '- backs_MinSide (feet) Setbacks Min Rear '(feet), =MaX ,Height- y (feet) Perrnitted Uses , Place of religions ex ercise 'or assembly, Sohool 20,000 10,0;.:41); 0 20; 20 75 Single-family=detach ed- d+ivieling,,'•5i000; 54 i 40ja2Q,50 6, 20130'` ondttiona4 uses, and breakfast e;;-6000;150;-410,; Licensed adult day' ,.'services, Licensed child '=. care' .-'denten 5,000; 50; 40; 20; ---; 6; 20;30,. ' 'Mortuary,' funeral', fication;approval is ,the Conceptual' Develop - Plan. ..-for the South Pointe Planned ' 'Unit -Development marked' Exhibit,,. It is -recogniied th=at minor shifts or modifications k. to:the:general, plan -lay- out may be nedessary and compatible with the need to acquire, Girorka€}le •street ,pat< ,terns;;grades and usa=` ole building ilsites.,The general plan layout in chiding. -the 1relation ship:ofland uses to the general plann : frac work and the develop-`, Merit • requirements shall be ,used. as •,the .� implementation guide. i Legal Notices residential,.. or offide' this faUb4plst10, iSitb residential : district a .§ division plats anis im 20 -foot side,; setback is pfovetient plans shall ' home or; crematorlti ' hequired - be 'submitted iniac 20 000,,t00 40 20; (3) ,When abutting `a cordance wlth, 'Article 20;2030; ': - -,'% residential;,; or office 11•,Land Subd€vision of. • ;'May be erected to a' :residential district;. -a' the:- City of. Dubuque • height.' net exceeding '20 -foot rear setbaek.is Unified- - Development - 75 feet, provided that required. Code. such -_-buildings shall' ':":C..;..., Parking and - 3) Site' Plans: anal' • provide` at least g'o'ne" Loading Regulations:,- site•development plans .- . - additional foot of yard 1)' The nurrlber, site shall be submitted -,in ' space en., all sides,for Yz and design of parking „accordance with Art€.. `. each additibna€ fobt`by s aces 'shall be goon o & e Pi ns> and t i wll€t{I Stith`,a.plitling!moie y PPitdab(� a�sft $7gitt cite cis the Iiia in1urD i j9 Isions in =,„00161 gs ,•a 5 p)io toopt?Ji .2 fie€f itdi l:tihii ,0121, ' 14 df tof � sttuc €9t0 each.buildi;; trioti whl: itrif 10 ubUnif€edIng and yehio(e related dated;, i orritode" feat re_ nless fi her - Zone B MI Lot Ara.,..2)4.11'1:11-1h:.' number size 'wise eke(gpted by gr €- (sghar2�'feet), f. lh.Lot ad design .and Iota i9r .9 12;:.1 ;;;,,;o. • Frelitage (feet); Max - tion bf parking sp'aces 4)-'Storm`Water Cbn= Lot:.Coverage-.(% lot..designated.for.persons. veyance, The develop - area) Setbacks front with:'disabilities shall er ofeach lot shall pe (feet) Min Setbacks be , ccordin.'g to the lo- responsiple for gravid- Front .(feet) Mart,%Set ' cal,'state or federal •re- nd surface or siabsur- backs Min-Side�(feet) ` 4Lirements in effect at face conveyances) of Setbacks Min Rear the time ' of develop storm water from the (feet) Max.Height Ment lot , e toxisting storm (feet) ' - l , f 3) The location and sewers or to flow line., Permitted. Uses 1 1 t°� number of private of open drainage ways '.7 Multiple family„(six - - driveway ,intersections outside the lot in - a du- marc): 2 000/du; • 50 ;with; public streets means•that,is. satisfac ., 40; 20;'--,; 420,;_$0,. 30( - •sha€€ - be "reviewed and - tory. to;.the Engineering .I Place of religious ex approved', by. the ,City _ .Department of the City r ” ercise or assembly Engineer oft Dubuque Oth j: ap- I . School: 20 000, 100; 40 '0 Slgn Regulations; plicable regulation en-. 1 20 ;;7;;-20; 20;75(1) ' 1) Applicability of City forced :•by, the City. of-., - Single-family detach of+,Dubuque: Ordinan - Dubuque . relative .. to ! ed dwelling 5 000 �50i,i 5 ccs, The provisions' of _ storm water manage- t 40 20 50; 4 20 30 ; . S the. City of Dubuque i men, and drainage Townhouse (six du Unified Development shall apply to:proper- max) 1,600/du=-16/du` Code..Artbcle. 15 Signs. ties m the;P110 Distriot ik 40,20, ;,i'4/0;20/0;30:,,g'shall appiy Unlestfur: 4 5j�.Other- Codes and"r Two family dwelling, they regulated by this Regulations, . These" 6000;60;401120f66'4i section regulations do not re 20;30 i -2) Signage for Bevel - ;leve an,r',dWher.- from Conditional Uses ; ' ; opment zones within other'; applicable; -,City, individual zero lot it e' "'the South- Pointe.Piai County State orFeder- dwelling,•' S 000 50; 40j ned Unit Development al Codes regulations, 20 50 100 20 30 shall Pe regulated as laws acid other controls: Bqd 'and breakfast fofloVys xx relative to the `plan - 50 4 20; 300 51 ` lv" Regiilat ns fo the RR1' eratlbl` nand tmnage ' Group home 5,000f Single Fan)ilyi Residers ment,of property in the; 50 40 20; , ' 4� 20, 30 tjal Distric Section 16;f PtID D s ict -` i 20;:.--••4Ospi4 2Q330050; 1 De�ielopm nt a UCodee x erste p nsfer of yr Housing forthe e€der } sha€J1e fo! oiryati Transfer of ownership. ly or disabled' 20;000, b. €thin Zoite B Sign or lease of property in. 100 40 20 ,t 20; 20' Regulations for the R 3 thisf;PUD Rpistrictvshall' 30` -' ,W 7, Moderate;D'ensityMul €ndlude in the, transfer. L€censed'adult `.day ti=Famiiy ' o,Resident'ia€ ar lease agreement'a seryioes; Licensed District Section 16 14- provision that the, pur- chddy =care center 111 of the Unified De,` - chaser- or - lessee, ac 5 OOQ.60;):40;,..20; 4 Jelopmenf Code, shall' `know,fedges aNareness 20 40 . . , r be followed , bf #he, condi#ions au 7. Mortuary funeral - c -Within Zone C, Sigh thorfzing the establish home •or.cromatoriumi . Regutations'for the C 3 men, of tho district 20.000 100- A0e'0,-"--‘22 lleigfiborhood Shop- G Iviod:ficatiar►s 20 2(4-130., 3 ` ping Center District; Any t1�od4ffcat€ons of;' Nursing or coneales Section 16 156 116 of this,Ordinahciss. ust be " cent home 20,000; 100, the, Unified Develop approved'b9,the City 40;.20; --=;•20 20,30- nient • Coder shall ,be duncil in acdordar)ce ..ilOff-prermse residers followed -, v itinOr)in�i'eci sift ' tial garage; ,3) Off Premise Signs:: eati0 pIVoeeedings of 20;4,'6 15 Off-prem€se signs shall,•Anc�le, 9 5 of ,the Um Rooming or boarding be,prbhibited ` led Development ,i house 5,000 50, 40; 20, 4) Variance§ Varian- tlode y A 4, 20y30 .' ces from.'sign• require= � Recording ' (1) Maybe erected to menti for. size num- A bony of this ordi- a height not exde'eding bei and height mayibe nance,shall be record- i 75 feet :provided, that teguested "Such ,Jar- ed - at,'the expense, --(of- 1 such bulldifia shgIk lances shall be re- the property owner(S) provide,,et least` _one viewed by'. the -Zoning Goth the' Dubuque . additional foot ofyard , Board of Adjustment in county,Recortler a, per space on, all tides *Tor: ;;accordance,- with Arti- maneptrecord of., the .each additional feet by.' , gig :8-6- of the Unified conditlons accepted as 1 • ,which, , such; building .;Development Code; ' , part .of. this Yeclassifi- 1 exceeds the maximum . E:- Petforipance cation approval within I height :limit of the, dis Standards -_ - ' -thirty' (30) days after . ,, Viet In; Which. itis'to-,.,:`;The deveiopment nd the adoption of this or- -{ cated., , , - ' maintenance of.uses in dinance. This ordi- , ' 'Zone'C: Min Lot Area this'. PUD.DistricCshall'; nance shall' be binding ., (square feet); Min Lot bg_ established. in. con- ' upon the, undersigned Frontage (feet);:.'Max - . forniance with the fel -_ and his/her'heirs, sue- .i Lot. Coverage (% . lot Iowingstandards: , "cessors and assigns, area) Setbacks Front -, .1)- No more than 100 Section 3. The forego (feet) , Min; Setbacks dwelling units shalt be ing amendment has • Front (feet) Max; Set- • allowed 'to'- be - devel= heretofore ' been ' re- ibacks:MinSide (feet), oped until such time - vlewed by the:'. Zoning Setbacks 'Min '-:Rear that a second -public Advisory Comm€sslon . (feet)1 r -Max Height .-street access orsecon- of the.City of Dubuque, • (feet) ' ` , .- day . emergency ac- Iowa. I All uses,: -- -;-;;---p, cess. is'; developed''te - Section 4. This Ordi- 10(1); =--; -7; .---; 30 : k - :serve South.Poliite:'." `nance. shall take effect ' (1):Minimum 20. feet ;i.+'2) Platting: The con ypon., publication:. as for,,garages facing a .:' ceptuai., tlevelopinent; provided by law. , street;. plan shall serve as the. Passed, -approved and-", ;(2) ,When -abutting a . ,prellii'iiriaryd• plat . for :adopted' this _16th day- of dctaber;'2017. /s/Roy D. Bite I, Mayor Attest /s/Kevin S. Flrnstalii:,City Clerk' Published officially in the Telegraph Herald newspaper on the 20th' day of Qctober, 2017. /s/Kevin S. Firnstahl, City Clerk 10.0/20• I