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Request for Text Amendment_Light Industrial District Residential Conditional Use' 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 5 Unified Development Code to allow residential use as a conditional use in the LI Light Industrial and MHI Modified Heavy Industrial 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 Planning Staff Member Kyle Kritz reviewed the request to amend Article 5 of the Unified Development Code to allow residential use as a conditional use in the LI and MHI Districts. Staff Member Kritz noted that Article 8 already lists residential use a conditional use in all three industrial districts — LI, MHI and HI. He noted this text amendment corrects this inconsistency. There were no public comments. The Zoning Advisory Commission discussed the request, noting that this issue was discussed as part of the Unified Development Code and it was the intention to list residential use as a conditional use in both LI and MHI Districts. 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 Stiles, Chairperson Zoning Advisory Commission Attachments THE CITY OF cc: David Harris, Housing & Community Development Director Du13 Masterpiece on the Mississippi Dubuque E eee lo p 2007 August 6, 2010 Service People Integrity Responsibility Innovation Teamwork Masterpiece on the Mississippi ['Variance ['Conditional Use Permit ['Appeal ['Special Exception ❑ Limited Setback Waiver ❑ Rezoning Please type or print legibly in ink Property owner(s): N/A Phone: Address: 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: Dubuque Fax: 563.589.4221 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 5 Zoning Districts of the Unified Development Code to allow residential use as a conditional use in the LI Lyht Industrial and MHI Modified Heaw Industrial districts. 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: Applicant/Agent: Date: 7/ ? %d FOR OFFICE USE ONLY — APPLICATION SUB AL CHECKLIST Fee: ❑ Site /sketch plan Dubuque I , Ili'•' 2007 ['Planned District ['Preliminary Plat ['Minor Final Plat • Text Amendment ❑ Simple Site Plan ❑Minor Site Plan Received by: ❑ Conceptual D PLANNING APPLICATION FORM 1 Cell: E -mail: Dlanning©citvofdubuaue.org elopment Plan ['Major Site Plan ['Major Final Plat ❑Simple Subdivision ['Annexation ['Temporary Use Permit State: IA Zip: 52001 ❑Certificate of Economic Non - Viability ['Certificate of Appropriateness ['Historic Designation ❑Neighborhood Assoc ❑Advisory Design Review ❑Other: Date: 7 'Z 0 ' /bDocket: ❑Photo ❑ Plat City of Dubuque Planning Services Department Dubuque, IA 52001 -4864 Phone: 563-589-4210 Fax: 563 - 589 -4221 ❑ Improvement plans ❑ Design review project description ❑ Floor plan ❑ Other: Masterpiece on the Mississippi TO: Zoning Advisory Commission FROM: Kyle L. Kritz, Associate Planne 7 Dubuque city 11111 2007 July 20, 2010 SUBJECT: Amend Article 5, Zoning Districts, Unified Development Code, to allow dwellings as a conditional use in the LI Light Industrial and MHI Modified Heavy Industrial Zoning Districts INTRODUCTION Planning staff proposed to amend the LI Light Industrial and MHI Modified Heavy Industrial Districts to allow dwellings as a conditional use. Planning staff found that Article 8 lists residential uses as a conditional use for all three industrial districts. In Article 5, however, only the Heavy Industrial District lists residential uses as a conditional use. This amendment corrects this inconsistency. DISCUSSION It is common in many communities, especially in larger urban areas, for vacant or underutilized industrial buildings to be converted to residential uses. Typically, residential uses are permitted in vacant or abandoned industrial buildings, and not associated with existing or active industrial use. This was the logic behind the 2003 text amendment that allowed residential uses in the Heavy Industrial District. Staff had intended to expand the residential use to the Light and Modified Heavy Industrial Districts as part of the Unified Development Code. The conditional use process would require that the applicant meet certain conditions, and that the request be reviewed by the Zoning Board of Adjustment, which can place additional conditions on development. This process also requires that property owners within 200 feet of the proposed use be notified of the Board's public hearing. Staff recommends the same criteria for conditional permits used for residential uses in the Heavy Industrial District be used for the LI Light Industrial and MHI Modified Heavy Industrial districts: 1. Residential uses, provided that: a. The residential activity shall not be permitted in an industrial building that is actively being used for industrial purposes, and no future industrial uses will be allowed while the residential use is active. Amendment to Article 5 Unified Development Code July 20, 2010 Page 2 KLK/mkr Attachments b. Not less than 650 square feet of area be provided per unit. If the Zoning Advisory Commission approves the amendment and adopts the above language, residential uses would be permitted in buildings that currently have no industrial use. These buildings will be precluded from any future industrial uses as long as the residential use is active. RECOMMENDATION Staff recommends that the Zoning Advisory Commission review the enclosed information and recommend approval of allowing residential uses in the LI Light Industrial and MHI Modified Heavy Industrial zoning districts as shown on the attached ordinance. cc: David Harris, Housing & Community Development Director Rick Dickinson, Greater Dubuque Development Corp 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 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY AMENDING ARTICLE 5, ZONING DISTRICTS, TO ALLOW ADDING RESIDENTIAL USE AS A CONDITIONAL USE IN THE LI LIGHT INDUSTRIAL AND MHI MODIFIED HEAVY INDUSTRIAL DISTRICTS 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 -18.2 and 5 -20.2, is hereby amended as follows: 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: 5 -18.2: 3. Residential Use 4. Wind Energy Conversion System 5 -20.2: 4. Residential Use 5. Wind Energy Conversion System Passed, approved and adopted this eanne F. Schneider, City Clerk ORDINANCE NO. 50 — 10