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Request for Text Amendment_Definition of TownhouseTO: Zoning Advisory Commission FROM: Kyle L. Kritz, Associate Planner 7. SUBJECT: Proposed Amendment to Article 2, Definitions, Unified Development Code, Modifying Definition of Townhouse Masterpiece on the Mississippi Dubuque Al4m rlcacity 2007 July 20, 2010 INTRODUCTION Planning staff is proposing to amend Article 2, Definitions, of the Unified Development Code (UDC), to amend the definition of townhouse to allow townhouses to have a common wall at the rear of the building as well as the side of the building. DISCUSSION This issue came up as part of a proposed subdivision on the north side of Dubuque, which proposed to have two -unit townhomes with the common wall being the rear wall. Planning staff had incorporated the ability to have the common wall being either the side or rear wall as part of the setback matrices of the Unified Development Code. However, the definition of a townhouse still reads as having a common wall being on the side only. The attached ordinance shows deleted language crossed out and new language in bold type. RECOMMENDATION Planning staff recommends that the Zoning Advisory Commission review the enclosed information and recommend approval to modify the UDC definition of townhouse to allow the common wall to be at the rear of the structure as well as the side. KLK/mkr Attachments cc: Rich Russell, Building Services Manager Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St Telephone: 589 -4210 Return to: Jeanne Schneider, City Clerk Address: City Hall- 50 W. l3t" St Telephone: 589 -4121 ORDINANCE NO. 48 - 10 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY AMENDING ARTICLE 2 DEFINITIONS BY MODIFYING THE DEFINITION OF TOWNHOUSE. 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 amending Article 2 Definitions by modifying the definition of townhouse as follows: Townhouse: a one family dwelling unit, with a private entrance in a group of three or more units, which part of a structure whose dwelling units are attached horizontally in a linear arrangement and having a total exposed front and at least one other building wall exposed to allow for access, light and ventilation. 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. Attest: Passed, approved and adopted this 16th day of August 2010. T( J, eanne F. Schneider, City Clerk Roy D. B/ I, Mayor: 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 Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 13 Street Dubuque IA 52001 Applicant: City of Dubuque Description: Amend Article 2 Unified Development Code to modify Definition of Townhouse. 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 Planning Staff Member Kritz reviewed the request to amend the Unified Development Code by modifying the definition of townhouse. Staff noted the bulk standards had been modified in the Code to allow townhouses to have a rear common wall, but not the definition. There were no public comments. The Zoning Advisory Commission discussed the request, noting that the amendment is appropriate. Recommendation By a vote of 5 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, A 1 Jeff Stiles, Chairperson Zoning Advisory Commission Attachments THE CITY OF Dui Masterpiece on the Mississippi cc: David Harris, Housing & Community Development Director Dubuque E blind � 111 2007 August 6, 2010 Service People Integrity Responsibility Innovation Teamwork Masterpiece on the Mississippi DVariance Conditional Use Permit ['Appeal ❑Special Exception ❑Limited Setback Waiver ['Rezoning Dubuque Itittod Cr 2007 Please type or print legibly in ink Property owner(s): N/A Address: ❑Planned District ['Preliminary Plat DMinor Final Plat $Text Amendment ❑Simple Site Plan DMinor Site Plan Phone: City: State: Zip: Fax Number: Cellular Number: E -mail Address: Applicant /Agent: City of Dubuque Planning Services Department Phone: 563.589.4210 Address: 50 W. 13 Street City: Dubuaue State: IA Zip: 52001 Fax: 563.589.4221 Cell: E -mail: planning @cityofdubuque.org Site location /address: N/A Existing zoning: N/A Proposed zoning: N/A District: N/A Landmark: N/A Legal Description (Sidwell parcel ID# or lot number /block number /subdivision): N/A Total property (lot) area (square feet or acres): N/A Describe proposal and reason necessary (attach a letter of explanation, if needed):Amend Article 2, Definitions, of the Unified Development Code to modify definition of "townhouse." 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): Applicant/Agent: PLANNING APPLICATION FORM ❑ Major Site Plan ❑ Major Final Plat ❑Simple Subdivision ['Annexation ' DTemporary Use Permit DCertificate of Economic Non - Viability ['Certificate of Appropriateness ['Historic Designation ❑Neighborhood Assoc DAdvisory Design Review ❑Other: Date: Date: ' 7/c) MO City of Dubuque Planning Services Department Dubuque, IA 52001 -4864 Phone: 563-589-4210 Fax: 563 - 589 -4221 FOR OFFICE USE ONLY — APPLICATION SUBMI AL CHECKLIST Fee: — Received by: S 2 ❑ Site /sketch plan ❑ Conceptual Dev opment Plan ❑Photo ❑ Plat ❑ Improvement plans ❑ Design review project description ❑ Floor plan ❑ Other: Date: 9•ZO •/ODocket: