8 15 05 Work Session Zoning & Subd Update
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MEMORANDUM
August 12, 2005
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: August 15, 2005 Work session
The work session on the Updated of the Zoning and Subdivision Ordinance will be held
from 4 p.m. to 6 p.m. on Monday, August 15, 2005 in the Library auditorium.
Dinner will be served at 6 p.m. in the second-floor Rotunda.
Attached is information for that work session.
kJl1.
Michae C. Van Milligen
MCVM/ksf
Attachment
cc: Barry Lindahl, Corporation Counsel
Jeanne Schneider, City Clerk
Cindy Steinhauser, Assistant City Manager
Laura Carstens, Planning Services Manager
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MEMORANDUM
August12,2005
TO:
FROM:
Michael Van Milligan, City Manager
Laura Carstens, Planning Services Manager~
SUBJECT: Information for August 15 Work Session on the Update of Zoning and
Subdivision Ordinances
This memo transmits information for the City Council's August 15 work session on the
Update of the City's Zoning and Subdivision Ordinances. The work session is
scheduled for 4 to 6 p.m. in the Library Auditorium.
This meeting is a joint work session with the Zoning Advisory Commission and the
Citizen Advisory Committee.
At this work session, the consultants will review and discuss the enclosed critique of the
Zoning and Subdivision Ordinances, and their proposed structure of the revised
ordinances as a Unified Development Code.
At this work session, the consultants will need a decision on whether to proceed with a
Unified Development Code or with separate Zoning and Subdivision Ordinances.
The requested action is to distribute this information to the City Council for their review
prior to the August 15 work session.
Enclosure
cc Barry Lindahl, Corporation Counsel
Jeanne Schneider, City Clerk
Kim Mickelson, Lane Kendig, Inc.
Dubuque Land Development Ordinances
repair function has evolved into several separate specialties: tire, oil
changes, mufflers, transmissions, and engine repair. For this reason, it
is important that the code be structured to withstand future market
changes without compromising its intent or legal integrity. The second
technical issue is how well the code guides development. Does it
produce development of which the community is universally proud?
The final section provides our recommendations for what to keep and
what to change to improve the quality of development and to ensure
consistency with the City's Comprehensive Plan, and our
recommendations for reorganization and technical improvements.
About this Review and Critique
The review and critique presents a road map for the preparation of the
new land development regulations. The goal of this step is to provide a
up-to-date, comprehensive, user-friendly document that will implement
the goals of the City's 2002 Comprehensive Plan.
In the process of revising the current regulations we will have
discussions with both city officials and developers. The intent of the
critique is to allow all of us - Consultant, City Staff, Citizen's Advisory
Committee (CAC), Planning Commission, and City Council - to
adequately address the most significant regulatory issues and to
collectively decide on the policy directions, organization, and content
of the UDC prior to ordinance drafting. You will note a series of
"decision points" in the margin of this document. These decision points
are for which we must receive policy guidance as to how the City
intends to proceed. It is important to the timely progression of the
Project, that we have thoughtful discussion and direction on these
points-probably among others-at the workshop scheduled for
August 15,2005.
Revision Process and Tentative Schedule
The process of revising and updating the City's development
ordinances will occur in modules, with each containing a number of
articles of the proposed new code. Upon receiving input from the CAC
The decision points
highlighted in this review
and critique include
questions for which we are
seeking direction from the
City as to how to proceed
in drafting the regulations.
Page 2
Dubuque Land Development Ordinances
and City staff, as well as related city boards 1 and City Council, each of
the articles will be revised and submitted as Interim Drafts ready for the
next level of review.
ORGANIZATION
Ordinances and regulations are best organized in a way where the
provisions that are referenced most often are located toward the front of
the code and lesser-referenced provisions are toward the back of the
code. For instance, a citizen is typically interested in the zoning of
their property, its permitted uses and intensities (height and area
requirements), and any required performance conditions. In the same
way, major landowners and developers who utilize the code on a more
regular basis must also be able to determine its requirements and the
procedures for developing their property. The use of highly readable
tables that consolidate the information into a single place towards the
front of the document helps to ease the understanding and navigation of
the code thereby minimizing confusion and the need to cross-reference
multiple sections of the code.
Current Organization - The current regulations are comprised of several
separate chapters in the City Code, and stand alone ordinances: there
are three separate provisions for signs, a subdivision control ordinance,
a manufactured home ordinance, separate historic preservation
ordinance, and the zoning ordinance. They use widely different
structures, divisions and numbering systems. Additionally, there are
other development regulations scattered throughout other chapters of
the Code, including floodplain regulation and sign provisions. The
City should consider consolidating these regulations. The separation of
all of these development regulations into separate documents does not
lead to a user-friendly document or system. The user must go back and
forth between ordinances, and hope they have the most current version.
For example, definitions are found in all these separate ordinances,
creating a risk that the definitions are not exactly the same. Combining
the zoning, subdivision, and all related regulations into a single code
can eliminate potential conflicts. Compiling similar regulations
together is also important-such as the sign regulations. For purposes
This will include the Planning Commission, the Zoning Commission,
the Board of Adjustments, the Historic Commission and the Sign Review
Advisory Committee.
Decision Point-
Should the ordinances be
kept as discrete documents,
or should they be combined
into a unified development
code (UDC)?
--If a UDC is developed,
should any specific
ordinances be maintained
separate and outside the
UDC?
Page 3
Dubuque Land Development Ordinances
of this cntIque, we anticipate bringing the historic preservation
ordinances into a UDC or a zoning ordinance, but do not anticipate
changing any of the terms.
The order in which material is presented is the second aspect of
organization. The order of the articles is not the same in the zoning and
subdivision ordinances, particularly relating to standards and
administration. A user-friendly code should be designed to let the
casual reader find the information they most often seek easily and
quickly. The basic user has already been defined as lay citizens and
business people. What information do these individuals most want to
find?
· What their land is zoned;
· What they can build on their land;
· Any limitations or restrictions that apply to their land;
· How many dwelling units, accessory buildings, or maximum square
footage of structures they can build on the land;
· The purpose of the district; and,
· The required process to develop, improve or expand their property.
The first few articles are largely boilerplate. They are essential legal --
uninteresting for the average citizen, business person, or even Planning
Commissioners. Only a person seeking to challenge the regulations is
concerned with the legislative basis for the regulation (Article I); such a
person seeks some weakness in the purpose and policies the code seeks
to implement. This limited use of the code dictates this section's
placement toward the back of the code.
We have found a UDC to be the most user-friendly option because of
many of the reasons we have laid out above, and will recommend that
the City select this option. With this in mind, we have proposed the
following UDC structure: basic information sought by casual users
(sections 1-8), technical information sought by advisors such as
engineers, architects or development agents (Sections 6, 9-12), and
detailed process and legal information sought more often by specialists
in the field, such as planners and attorneys. Obviously, there will be
users in each group who use other sections; but they then know the
technical information sections are in the middle of the Code. The
Proposed Structure is shown below.
Decision Point
-Is the proposed structure
and organization of the new
Unified Development Code
acceptable? Are there any
requested changes?
Page 4
Dubuque Land Development Ordinances
Table 1, Code Layout
PROPOSED STRUCTURE
Unified DeveloDment Code
1. Jurisdiction and Zoning Districts
2. Uses Permitted, including limited and special exceptions.
3. District Intensity and Bulk Standards
4. Site Capacity and Environmental Standards
5. Nonconformities
6. Signs
7. Historic Preservation Regulations and Design Standards
8. Subdivision and Land Development Standards
9. Parking, Loading, and Lighting
10. Landscaping
11. Modulation of Standards
12. Administration
13. Procedures and Enforcement
14. Puroose
15. Legal status
16. Definitions
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Dubuque Land Development Ordinances
STRUCTURE OF THE CURRENT REGULATIONS
Definitions and Standards
The way material is presented is very important. The first element is to
be clear about what is being written.
The current code was adopted in 1989, and follows the traditional
manner of permissible uses: uses are listed within the text of each
district, rather than displayed in tables. Lists are difficult to use for
several reasons. If a person wants to open a business, they have to
guess in which district it is most likely to be permitted. If they guess
wrong, they must check other districts until they find the desired use. If
a use is permitted in several districts, then, in the listing format, the
search process continues. Tables present all the permitted uses to be
arrayed in a single location, displaying all the districts in which a use is
permitted. In general, lists are lengthier than tables in presenting
similar information. The current zoning ordinance uses a short-hand
approach to save space, indicating that all uses permitted in another
zone are permitted in this zone (for example, all uses permitted in C-2
or C-3 are permitted in C-4). This requires reviewing more sections
than necessary for the casual or first-time user, when the information
could be presented more simply. It also necessitates increased
navigation of the ordinance, which adds time and lessens the usefulness
of the ordinance. Other problems with use lists are that they can be
applied inconsistently from district to district, and they can be
repetitive. The table is a unifying element.
Permitted Uses
Displayed in Table 2, Permitted Uses, is an outline of the broader
categories of uses contained in the ordinance, and which are subject to
more specific standards or permits.
Uses
The total number of uses in the current ordinance is very high, with
some repetition. This appears to have resulted from the minute
management of similar types of uses. As a rule there is little need for
more than 70-80. In the current codes there are many examples of uses
that are very similar but listed slightly differently in different districts
probably because the uses were added at different times in response to
Page 6
Dubuque Land Development Ordinances
particular applications. There are numerous variations on types of
retail uses. There are obsolete uses or terms used, and uses that are
common today are not addressed. Today communities treat bed and
breakfasts differently than tourist homes and motels which are currently
lumped together. Bed and breakfast, convenience marts, big box uses,
and drive-in or drive through uses are not present even though some are
considered difficult or troublesome uses in many communities
Attempting to class industrial into heavy and light is very difficult.
Most industry today is light involving little pollution. Since the Clean
Air Act and the advent of EP A, industry has largely been cleaned up.
A far more performance oriented method of distinguishing industrial
uses is more useful due to the changes of the last 30 years. Most metal
stamping plants were considered to be a heavy industry because of
noise, heat, odor thirty years ago. Today, it might be producing very
small products of plastic or light metals where material can be received
and product shipped by parcel delivery trucks. While it is still
technically a stamping mill, it is a very different type of use.
We recommend placing broader categories of permitted uses in the
zoning ordinance, and then creating a limited or conditional use process
for difficult uses within the broader categories. The limited or
conditional use process is an administrative procedure, where if certain
conditions and performance standards are met by an applicant, then the
use must be allowed. The City Council makes the initial legislative
determination that these types of uses may be appropriate, and
establishes the conditions, standards, and requirements, such that the
application becomes merely a process of the staff applying the written
standards to a particular application. This type of process greatly
streamlines the development review and permitting function, and adds
a level of certainty for those submitting an application that they will be
approved if they comply with the standards - and the standards uphold
a higher quality of development.
One of the problems with detailed lists is that they are never complete,
which we presume has been the case in Dubuque with a growing use
list over time. How different, in terms of traffic and impact on the
community, are a clothing store and a clothing and accessory store? A
second problem with long lists is there is no real need for a distinction
between certain uses, for example, between stadiums and arenas. For
both uses, parking will occupy most of the land and hence the impacts
Page 7
Dubuque Land Development Ordinances
for which protection is warranted are the same. The approach of a
concept like "retail business," where a long list of uses is considered to
be a single use, is recommended. Overall, in the Dubuque ordinance,
conflicting definitions do not appear to be a problem. The information
on uses could simply be presented in an easier-to-read fashion.
The notion of scale or other performance criteria is important to
industrial uses. There was a time in the first two-thirds of the last
century when looking at a use made it fairly easy to classify as heavy
(obnoxious) or light (clean) industries. This has changed with the
advent of environmental regulations and new technologies. For
example, a stamping mill was formerly classified as heavy industry,
with loud machines stamping out wheels or fenders. Today, a stamping
mill can produce fine components for electronic uses, be in a small
masonry building, receive raw materials, and ship finished products out
by parcel delivery service. No noise can be heard outside the building.
As with scale in commercial areas, performance standards - rather than
use - can address many of the real or perceived incompatibilities.
There are very few temporary uses in the current ordinance; we believe
more could be added. Special events, model homes, garage sales, and
temporary concrete or asphalt plants are some of the uses that might be
considered to be added here. Overall, our recommendations on the use
issue is that many uses can be combined and the general use table
streamlined. A current permitted use table has been prepared as a
separate document to illustrate the length of the list of uses.
"Difficult" Uses
Even as we recommend simplifying the use structure, we recognize that
in every community, there are objectionable or "difficult" uses.
Sometimes these are similar from one community to another, but
sometimes they are very community-specific. Therefore, one of the
major discussion points will be which uses are most objectionable in
Dubuque and should be subject to additional standards and review
procedures-such as through a special use permit or limited use
process. A special use permit would follow the entire re-zoning public
hearing and notice process, while a limited use might be
administratively allowed once certain standards are met. In either
process, the City Council retains legislative control. Such uses might
include funeral homes, crematoriums, adult uses (sexually oriented
Decision Point: What are the
specific uses that may be
classified as "difficult" uses
requiring special standards and
review procedures. Examples
may include 'moral' issue uses,
slaughterhouses, residential
daycares, manufactured home
parks, cotton mills or gins, etc.
Page 8
Dubuque Land Development Ordinances
businesses), landfills, auto repair and paint shops, and heavy
manufacturing or rendering plants. Other uses that generate complaints
include those with noise or smells, such as both small and large animal
veterinary clinics, fast food restaurants adjacent to a residential
neighborhoods, clubs or restaurants with outdoor seating areas that
frequently have live bands, prisons, and shooting ranges.
Manufactured and Mobile Homes
Manufactured homes are generally considered a "difficult" use. While
they often provide an important element of affordable housing, near-by
residents in "site-built" neighborhoods are often concerned about the
effects of such uses, whether on individual lots or within manufactured
home subdivisions or parks, on the value of their property and
appearance of the area. This use will be treated separately since the
City already has a separate code for this use.
This use needs to be treated as a land use in the UDC, with the separate
ordinance repealed. Mobile homes should continue to be removed and
not allowed as a new land use. Separate procedures for the approval of
manufactured home parks are not necessary, provided the development
complies with zoning and subdivision provisions, and provided that
performance standards are clear and are met. In combining the
manufactured home park ordinance into the UDC, that Chapter
becomes duplicative and can be eliminated, including the application
forms, procedures, and all the street design standards.
Sign Regulations
As noted, there are three separate provisions for signs in the current
regulations. These need to be combined. This Project scope does not
include a rewrite or total revision of the sign regulations; that can be a
difficult project on its own, and time consuming. Council may want to
consider updating those regulations separately after completion of the
UDC; the provisions will be located in one Article, which can be easily
amended or replaced.
Sign regulations need to find that balance between community
aesthetics (number, location. and size of signs), business development
(availability of information to potential purchasers-may want more,
bigger signs), and legal limitations. There can be an exchange, for
example, in square footage of signage allowed in exchange for shorter,
Decision Points:
· Should the City adopt
standards for industrialized
housing? Ifso, to what
extent?
Page 9
Dubuque Land Development Ordinances
monument type of signs. Landscaping can be required around signs.
Certain design standards can be required of signs. Awnings with
business names can be encouraged, and unique standards for historic
areas, such as downtown, should be adopted. Billboards and portable
or temporary signs are also issues that need to be addressed. The
designation of certain corridors as scenic will help eliminate billboards,
and standards for portable and temporary signs, such as banners, can be
used to encourage business and tourism.
Signs are a controversial issue because of the balancing act being
attempted. Where the sign regulations need to go will be clearer after
the UDC regulations are near completion, but definitely need to be
addressed so that signage does not undermine the other elements of
land development addressed in the UDC.
Historic Preservation and Special District Regulation
Historic Preservation is an important element in Dubuque. There are
_ historic districts and substantial design guidelines for each district.
Historic designation is another form of zoning and should be included
in the UDC. The Historic commission has recently updated its
regulations and guidelines, and these will not be revised; we propose
only that they be included in the regulations.
The City of Dubuque also has numerous housing, sign corridor and
special overlay districts. Again, these regulations should be brought
into the UDC or Comprehensive Zoning Ordinance, and be
simplified where appropriate and possible.
Use of Graphics and Illustrations
The understanding of existing regulations can be greatly
improved with the use of graphics to depict the
requirements. Graphic illustrations that explain how
particular regulations are applied are helpful in the public
understanding the regulations, but are also useful for the
staff in administering them. Graphics can also be used
effectively to clarify otherwise potentially confusing
definitions. Setbacks, bulk, landscaping and sign
requirements are examples of regulations particularly suited
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Page 1 0
Dubuque Land Development Ordinances
for graphic illustration. Additionally, the development review process
can be graphically illustrated with flow diagrams to clearly define the
steps in the process. Such a format offers an overview of the steps in
their approval while also establishing the time frames for consideration
and development approval.
Another technique that can be used to add clarity is to add explanatory
information throughout the regulations. The new Code will
contain a significant number of tables, graphics, text boxes
highlighting specific information, and illustrations. Other
explanatory information can include commentary or
examples of how the regulations are applied. Modem word
processing allows the use of numerous fonts, so italics or
font changes can highlight the material.
The current regulations have no graphics, again a product of
the times in which it was drafted. Graphics are important to
the modem zoning code and should be used to a maximum
extent to provide clear understanding of the
concepts. This is true in the text
and in the definitions, where concepts like setbacks
and yards or words like "abutting" can be illustrated
to make them easier to understand.
TECHNICAL ASPECTS OF THE
REGULATIONS
There are a number of technical elements in the
current regulations that need to be refined and
resolved while drafting the Code. Simplifying and
putting the uses and parking requirements into a
tabular format are among the most important. A
related element is the elimination of obsolete terms and ensuring that
modem concepts are included. There are major elements missing from
the ordinance, such as cluster development, mixed use options,
resource protection, and landscaping standards, which all provide
critical elements of community character and enhancement, as well as
development creativity. For example, the agricultural district - as
written - promotes residential sprawl while the use of cluster
development options will promote continued agricultural uses. A
cluster development option will allow the preservation of pasture land
and trails. Incentives should be considered to encourage development
in the city limits and to preserve farmland.
~
Decision Points:
· What is an appropriate size
for a larger residential lot?
· What is appropriate for
clustering?
· Would Council be interested
in incentives to in-city limits
development? What would
those include?
Dubuque Land Development Ordinances
Overall, design standards will be a topic of much discussion, even
outside the historic and overlay districts. The community preference
survey taken to date indicated a preference for urban types of
development, but with certain aesthetics. Regulating development does
not have to mean regulation of every minor detail of a building.
However, sign standards, height, and minimum landscaping are all
details of the built environment that contribute to the streetscape of the
community, and can be reasonably managed to allow property owners
adequate use and return on their investment, as well as protecting the
public interests in what development leaves with the community.
Subdivision Standards
The subdivision ordinance is a fairly straightforward and is a typical
ordinance. Additionally, cluster development regulations will go a long
way in addressing some of these concerns and providing protection for
adjacent or downstream property owners and the City from over-
intensification of development. The subdivision ordinance does not
apply outside the City limits unless the development connects to
municipal utilities. This may be a factor limited by state law, but if
annexation of any land is contemplated, the City may wish to consider
expanding the applicability of subdivision regulations to the extent
allowed by law, and in coordination with the County.
Park dedication fees are prohibited in Iowa, so we will need to look at
alternative methods to meet the community's park needs.
Platting fees should be handled by a City Council resolution, state and
local law allowing. First, fees should be reviewed to determine whether
they are adequate to cover a significant portion of the City's actual
costs. Through adoption by resolution, the City Council may revise
them more easily than ordinance procedures may require.
Districts, Uses and Permitting
Districts
The Zoning Ordinance currently has 25 zoning districts: 6 residential
districts, 6 commercial districts, 4 industrial districts, 3 office districts,
4 planned development districts, one agricultural district, and one
public open space district. The districts themselves are numerous for a
Decision Points:
· What is an appropriate and
legal requirement to meet the
community's park needs?
. What subdivision
improvements, e.g. lakes,
drainage basins, trails, etc.,
are desirable?
. Should private streets or
gated communities be
permitted? Under what
circumstances?
Decision Points:
· Is a PUD ordinance
necessary given the scale of
development in Dubuque?
· Are the use of performance
standards more appropriate
thereby allowing certain uses
and mixed uses by right
rather than rigorous
submittal and a lengthy
review process?
. Can parks and public open
space be incorporated in all
districts?
Dubuque Land Development Ordinances
City the size of Dubuque. In structuring the new Code, care will be
taken to establish standards that allow for a minimum of districts, yet
allow for expansion of district types over time. This will be
accomplished by making use of an outlining structure allowing
amendments without disrupting the flow of districts.
We will propose combining some current districts to reduce the number
of districts. Even so, it is likely that the new Code will still contain
several residential and commercial districts, given the layout and
topography of the City. It will be important to clarify the purposes of
each district. In the current regulations, it is not clear whether C-2 is
intended to be for neighborhood or larger-scale shopping centers. C-4
would be more appropriate as an urban district. Whether or not auto-
urban uses have been constructed, such as those lining each of the
major roadway corridors, correlating the standards for the district with
the district purpose will ensure compatibility of development.
The PUD section is not well written. There is only a limited allowance
for residential and commercial mixed use and more so a non-residential
form. As a result, there is not a real mixed use development form
allowing a true mixture of residential and non-residential uses. If use
of the PUD district in Dubuque is similar to other communities, most
PUDs are requested only for minor changes in lot sizes (normally
reductions) or minor mixes of use. How the district actually works,
versus how the regulations are currently written, needs to be further
explored. Our general approach is to utilize performance standards
allowing mixed uses and a wider variety of uses in some districts, and
do away with PUDs altogether except on large-scale developments that
merit more elaborate review and control. Given recent development
trends in the community, there may not be a need for PUD regulations
at all since there has been only modest development in phases of just a
few lots.
Absent statutory requirements for a specific, separate district, the
Public Open Space District could easily be omitted, and public uses
handled through a special permit or limited use process, or simply be
allowed by-right with applicable performance standards or a site plan
review process. This is likely the case legally in many instances
whereby uses by another, "higher" governmental entity, such as the
County or Federal Government, have the right to locate where they
determine appropriate. The problem with a mapped PU District is if a
Page 13
Dubuque Land Development Ordinances
public use vacates the site, then rezoning is likely mandatory for the
next property owner, which is a time-consuming process.
We will offer for consideration a "housing palette" - a list of alternative
housing options - all within the same residential districts, with
performance and development standards to ensure compatibility. A
wide range of housing choices allows for affordability at various levels,
and allows homeowners to upsize or downsize their living
arrangements within the same neighborhood, retaining the same
community ties and relationships over the years. Dubuque appears to
have a wide variety of living options available, and a housing palette
should continue that trend and fulfill the goals of your various housing
redevelopment districts.
One of the positive aspects of the current code is that sections are quite
short and divided into consistent topics with short paragraphs and
sentences, which is a desirable writing style. In general, most of the
text is clear, with only a little legalese in some places. Additionally,
administrative matters, such as the applications for various processes
and permits, fee schedule, and design standards are not contained in the
ordinances themselves. This is an administrative benefit because
ordinances have specific, time-consuming amendment requirements,
while administrative or financial lists or matters are not subject to
notice and hearing provisions and may be more easily amended.
Page 14
Dubuque Land Development Ordinances
Applications and Procedures
The City Planning Department has very well designed and readable
application information available. We may want to incorporate these
materials in an Appendix to the revised regulations, and make sure they
are on the website. Submittal requirements should be adhered to, and
applications not accepted until all information is received in hand by
staff. Any differences between practices and policies need to be
corrected-the two should be consistent.
Formalizing elements of the land development application
processdoesn't necessarily mean that the process becomes longer or
more burdensome. Indeed, the use of established procedures and
checklists often provides clarity to all participants and streamlines the
application process. The application process and regulations can also
be streamlined, or incentives built into the process to enable an
applicant to get through the process easily. Obviously, state law
imposes certain requirements on zoning change applications, and
streamlining or expediting the process for those may not be possible.
However, by eliminating repetitive uses and districts, and developing
clear standards, many decisions can be made administratively. The
City Council has to be clear in their delineation of standards, where
approval is to be granted to the Planning Commission or staff as many
land development decisions are not legislative in character, and do not
require review by the City Council-provided clear standards exist.
Incentives can also be built into the regulations. By providing
standards for development, we can tell an applicant, "this is what we
want to see. If you want to develop this with less open space, (for
example) you must go through these additional review steps." In other
words, you give a benefit to applicants who meet the highest standards.
Commercial Character and Aesthetics
Enhancing the character of Dubuque is an issue that was repeatedly
raised throughout the community preference survey process. This
emphasis indicates recognition that the image and appearance of the
City are essential to its livability and economic development. The
appearance of commercial streets and the repopulation of empty
buildings in downtown were a major concern. It was also found to be
desirable that the streetscape, or parking lot areas, include trees and
green areas along or adjacent to public rights-of-way. The green areas
need to be sufficient in width to accommodate signage and provide a
Page 15
Dubuque Land Development Ordinances
buffer between cars and pedestrians. The green areas constitute what
we refer to as buffer yards, which can be of different degrees of
opacity. The more opaque the buffer, meaning more dense shrubbery
or the use of a berm or wall, the closer the parking might be to the
street.
A related concern is the screening or internal landscaping of parking
lots from adjacent street rights-of-way. The landowners will likely
have concerns about the buffer screening their signs and presence from
customers driving passing by on the road. LKI will use a graphic
model called BufferBuilder to enable citizens and officials to evaluate
the opacity necessary for the desired visual effect. There are currently
no provisions for parking lot landscaping, an element that the
community wants to see incorporated in the code.
The setback in the commercial districts is inadequate to provide a
double row of parking parallel to the building. A double-loaded aisle
requires a minimum of 60 feet. While such a parking arrangement is
suitable for small buildings, large buildings arrange the parking so the
aisles are perpendicular to the buildings allowing people to walk down
the aisle toward the building. The result is that few buildings are
located on the 50 foot setback line. Current parking arrangements force
all the buildings to the back of the lot, yet don't screen the auto use
from the street. There are two approaches that can be used to remedy
this situation. The first is to rely on buffer yards and not be concerned
about setbacks because the buildings cannot be built in the buffer yard.
In the second approach, a narrower setback is used and becomes what
is known as a build-to-line, which is a maximum rather than minimum
building setback. Both approaches will be discussed and incorporated
into the code to create flexibility.
Design standards are an important tool in enhancing community
character. Adopting design standards doesn't necessarily mean that
every minute detail of development or construction is regulated. Most
communities are concerned with the overall aesthetic feel, with the
exception of areas where there is a clear historic or local characteristic
to preserve. However, the standards that are written must be clear and
unambiguous to avoid confusion and legal challenges. The idea is to
adopt standards that provide a developer with a clear understanding of
the big picture quality development the community desires, yet allows
creativity to attract participants (e.g., business tenants).
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