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Request for Text Amendment_Personal ServivcesPlanning 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 @cityofdubuq ue.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: To amend Article 5 Unified Development Code to delete Personal Services as an allowed use in the C -2A Mixed Use Neighborhood District and C -2 Neighborhood Shopping Center District. 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 Staff Member Hemenway reviewed the purpose of the text amendment noting that personal services was defined in the old zoning ordinance, but it is not defined in the new Unified Development Code. He said that it is staff's opinion that those uses in personal services are encompassed by retail sales and service, which is a permitted use in both C -2 and C -2A Districts. He said, therefore, personal services as a permitted use is no longer needed in the two districts. There were no public comments. The Zoning Advisory Commission noted that they agreed with the request. Recommendation By a vote of 6 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 tiles, Chairperson Zoning Advisory Commission Masterpiece on the Mississippi September 3, 2010 Service People Integrity Responsibility Innovation Teamwork Dubuque AUmataCgy '1 2007 Masterpiece on the Mississippi DVariance D Conditional Use Permit ['Appeal ❑ Special Exception DLimited Setback Waiver DRezoning Site location /address: N/A Fee: Received by: ❑ Site /sketch plan Dubuque ' 1 11 1' 2007 El Planned District ['Preliminary Plat DMinor Final Plat Text Amendment ❑Simple Site Plan ['Minor Site Plan Please type or print legibly in ink Property owner(s): Address: City: Fax Number: Cellular Number: Applicant /Agent: City of Dubuque Planning Services Department Address: 50 W. 13 R. City: Dubuque Fax: Cell: E -mail: Existing zoning: N/A Proposed zoning: N/A PLANNING APPLICATION FORM 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): Eliminate personal services as a permitted use in the C -2 and C -2A Zoning 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: £w? < f //' FOR OFFICE USE ONLY — APPLICATION SUBMITTAL CHECKLIST ❑ Conceptual Development Plan ❑Major Site Plan ['Major Final Plat ❑ Simple Subdivision ['Annexation ['Temporary Use Permit District: N/A Landmark: N/A ❑Photo ❑ Plat City of Dubuque Planning Services Department Dubuque, IA 52001 -4864 Phone: 563-589-4210 Fax: 563 - 589 -4221 ❑Certificate of Economic Non - Viability ['Certificate of Appropriateness ['Historic Designation ❑Neighborhood Assoc DAdvisory Design Review DOther: Phone: State: Zip: E -mail Address: Phone: 563.589.4210 State: Iowa Zip: 52001 Date: e2� /VDDocket: ❑ Improvement plans ❑ Design review project description ❑ Floor plan ❑ Other: 4 Masterpiece on the Mississippi INTRODUCTION Planning staff is proposing to amend Article 5 to eliminate Personal Services as a permitted use in the C -2 Neighborhood Shopping Center and C -2A Mixed -Use Neighborhood Districts. KLK/mkr Attachment Dubuque billl A8- AmerIcaCity 2007 August 25, 2010 TO: Zoning Advisory Commission FROM: Kyle L. Kritz, Associate Planner . %• 1 •x' SUBJECT: Text Amendment Eliminating Personal Services from C -2 and C -2A Districts DISCUSSION Zoning districts C -2 and C -2A of the Unified Development Code (Articles 5 -11 & 5 -12) list Personal Services as a principal permitted use. Article 2 of the UDC, Definitions, does not define Personal Services. Retail sales and service is also listed as a principal permitted use in both C -2 and C -2A districts. Planning Services Staff have determined that the uses permitted as retail sales and service would encompass those permitted by personal services. RECOMMENDATION Planning staff recommends that the Zoning Advisory Commission review the enclosed information and recommend that Personal Services be eliminated as a principal permitted use from both C -2 and C -2A Districts as it serves no purpose. 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. 54-10 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY AMENDING ARTICLE 5, ZONING DISTRICTS, TO ELIMINATE PERSONAL SERVICES AS A PERMITTED USE IN THE C -2 NEIGHBORHOOD SHOPPING CENTER AND C -2A MIXED USE NEIGHBORHOOD 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 5.11.1 and 5.12.1 are hereby amended as follows: Attest: 5.11.1 14. Personal Serviccc 5.12.1 7. Personal Services 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 20 day of September, 2010. eanne F. Schneider, City Clerk