Request for Text Amendment_Commercial Recreation DistrictMasterpiece on the Mississippi
RECOMMENDATION
Planning staff recommends the Zoning Advisory Commission review the enclosed
information and recommend approval of allowing upper floor housing units in the CR
Commercial Recreation zoning district.
KLK/mkr
Attachments
cc: David Harris, Housing & Community Development Director
Rick Dickinson, Greater Dubuque Development Corp.
Dubuque
AFAnaIcac ly
1
2007
July 20, 2010
TO: Zoning Advisory Commission
FROM: Kyle L. Kritz, Associate Planner I I< L _
SUBJECT: Amendment to Article 5, Zoning Districts, Unified Development Code, to allow
upper floor housing units in the CR Commercial Recreation District as a
Permitted Use
INTRODUCTION
In an effort to continue to promote mixed -use development within the community, Planning
staff is recommending that the Commercial Recreation zoning district be amended to allow
upper floor housing. Currently, the Unified Development Code allows upper floor housing
units in all commercial districts except for CR Commercial Recreation and CS Commercial
Service and Wholesale Districts.
DISCUSSION
The City of Dubuque does not have a great number of Commercial Recreation Districts.
There are two principal Commercial Recreation Districts within the city — Chaplain Schmitt
Island and the Hawthorne Street Peninsula which is home to the A. Y. McDonald Park and
one of the City's boat ramps. There are three smaller Commercial Recreation Districts —
one at the very end of Rhomberg Avenue, which was the former site of Eagle Point Fun
Land, the new Hoot Owl Hollow campground on Middle Road on the far west end of the City
of Dubuque, and the most recent Commercial Recreation District was approved for property
owned by Toby Kress along Old Highway Road, again on the far west side of the city. The
attached ordinance shows new language in bold type.
Although there are limited CR zoned areas in the city, Planning staff recommends allowing
upper floor housing in the CR zones. CR zones allow uses that are similar to C -3 General
Commercial Districts, where upper floor housing is permitted.
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
Dear Mayor and City Council Members:
There were no public comments.
Masterpiece on the Mississippi
Dubuque
' �11 '
2007
August 6, 2010
Applicant: City of Dubuque
Description: Amend Article 5 Unified Development Code to allow upper floor housing
units in the CR Commercial Recreation zoning district as a permitted use.
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 Article 5 of the Unified
Development Code to allow upper floor housing in the CR Commercial Recreation
zoning district. Staff Member Kritz reviewed that upper floor housing is allowed in all
commercial districts except for CR and CS Districts. Staff Member Kritz reviewed the
location of CR Districts within the city.
The Zoning Advisory Commission discussed the request, noting that allowing upper
floor housing units in CR Districts promotes mixed use development.
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,
Jeff SfIles, Chairperson
Zoning Advisory Commission
cc: David Harris, Housing & Community Development Director
Service People Integrity Responsibility Innovation Teamwork
Masterpiece on the Mississippi
❑Variance
D Conditional Use Permit
DAppeal
['Special Exception
D Limited Setback Waiver
['Rezoning
Dubuque
2007
❑Planned District
['Preliminary Plat
['Minor Final Plat
I Text Amendment
Simple Site Plan
['Minor Site Plan
Please type or print legibly in ink
Property owner(s): N/A
Address: City:
Fax Number:
Applicant/Agent: City of Dubuque Planning Services Department
Fax: 563.589.4221
Site location /address: N/A
Total property (lot) area (square feet or acres): N/A
FOR OFFICE USE ONLY — APPLICATI
PLANNING APPLICATION FORM
DMajor Site Plan
['Major Final Plat
❑Simple Subdivision
['Annexation
❑Temporary Use Permit
Phone:
State:
Cellular Number: E -mail Address:
Phone: 563.589.4210
City of Dubuque
Planning Services Department
Dubuque, IA 52001 -4864
Phone: 563-589-4210
Fax: 563 - 589 -4221
Address: 50 W. 13 Street City: Dubuque State: IA Zip: 52001
['Certificate of Economic Non - Viability
['Certificate of Appropriateness
['Historic Designation
['Neighborhood Assoc
DAdvisory Design Review
DOther:
Zip:
Cell: E -mail: planning@cityofdubuque.org
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
Describe proposal and reason necessary (attach a letter of explanation, if needed): Amend Article 5, Zoning Districts, Unified
Development Code to allow upper floor housing in CR Commercial Recreation District.
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: 1
Applicant/Agent: Date: 7/--? G //
N SUBM
L CHECKLIST
Date: 7•zo •10 Docket:
❑Photo ❑ Plat
Fee: Received by:
❑ Site /sketch plan ❑ Conceptual Development Plan
❑ Improvement plans ❑ Design review project description ❑ Floor plan ❑ Other:
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. 13`" St Telephone: 589 -4121
ORDINANCE NO. 49 - 10
AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF
ORDINANCES, UNIFIED DEVELOPMENT CODE, BY AMENDING ARTICLE 5,
ZONING DISTRICTS, TO ALLOW RESIDENTIAL USE ABOVE THE FIRST FLOOR
ONLY AS A PRINCIPAL PERMITTED USE IN THE CR COMMERCIAL RECREATION
DISTRICT.
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 5 -17.1 is hereby amended as follows:
5 -17.1:
30. Residential use above the first floor only.
31. Retail sales and service
32. Tour home
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 g� August 2010.
Jeanne F. Schneider, City Clerk
Roy D. BuO7 Mayor: