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UDC_Text Amendment, Articles 5 & 14_Parks & ParkingPlanning 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. 13th Street Dubuque IA 52001 THE CITY OF DUB ppiDubuque — litAmeduCtly E 2007 Masterpiece on the Mississi March 7, 2013 Applicant: City of Dubuque Description: Amend Articles 5 and 14 of the Unified Development Code (UDC) regarding off - street parking requirements to add "Parks, Public or Private, and Similar Natural Recreation Areas" to the list of land uses. 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 outlined the City's request noting that the amendment would clarify parking requirements for parks and golf courses. He noted that parks are listed as permitted uses in a number of zoning districts, but, that there currently is no parking requirements listed in the UDC for them He said that the amendment would also serve to separate parks and golf courses affording each a separate parking requirement. There were no public comments. The Zoning Advisory Commission discussed the request, and felt that is was appriopriate. 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. Re ctfully ,submitted, atrick or`t n, ic-- Chairperson Zoning Advisory Commission Attachments Service People Integrity Responsibility Innovation Teamwork THE CITY OF 1 DUB Masterpiece on the Mississippi ['Variance ❑Conditional Use Permit DAppeal ['Special Exception ❑Limited Setback Waiver ❑Rezoning /PUD /ID Dubuque recur! 2012 PLANNING APPLICATION FORM ❑Preliminary Plat ❑Major Final Plat DMinor Final Plat ['Simple Site Plan ['Minor Site Plan ❑Major Site Plan ❑Simple Subdivision X Text Amendment ['Temporary Use Permit ['Annexation [Historic Revolving Loan [Historic Housing Grant City of Dubuque Planning Services Department Dubuque, IA 52001 -4805 Phone: 563-589-4210 Fax: 563 - 589 -4221 planningia cityofdubuque.o gg ❑Certificate of Appropriateness ['Advisory Design Review (Public Projects) [Certificate of Economic Non - Viability ❑Historic Designation ['Demolition in Conservation Districts ❑Port of Dubuque Design Review Please type or print legibly in ink Property owner(s): Phone: Address: City: Fax #: Cell #: E -mail: Applicant /Agent: City of Dubuque Planning Services Department Phone: 563- 589 -4210 State: Zip: Address: 50 W. 13th Fax #: 563 - 589 -4221 Site location /address: Existing zoning: N/A N/A City: Dubuque State: IA Zip: 52001 Cell #: N/A E -mail: kkritz(a citvofdubuque.org Proposed zoning: N/A District: Legal Description (Sidwell parcel ID# or lot number /block number /subdivision): Total property (lot) area (square feet or acres): L/A Neighborhood Association: N A N/A Landmark: ❑ Yes ❑ No L/A Describe proposal and reason necessary (attach a letter of explanation, if needed): Amend Article 5 and Article 14 of the Unified Development Code regarding off- street parking regulations, to add: "Parks, public or private, or similar natural recreation areas" to the list of land uses. 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: r/7 Date: Date: --) 7//? FOR OFFICE USE ONLY — APPLICATION SUBMITTAL CHECKLIST Fee: Received by: b 2/7 Y Date: 2 '27. '3 Docket: Masterpiece on the Mississippi Dubuque ktard AII•America City 1 2012 February 22, 2013 TO: Zoning Advisory Commission FROM: Kyle L. Kritz, Associate Planner T.1 ' ?c. SUBJECT: Proposal to amend Articles 5 and 14 of the Unified Development Code (UDC) regarding Off - Street Parking Regulations INTRODUCTION Planning staff is proposing to amend Articles 5 and 14 of the UDC regarding off - street parking regulations. The current off - street requirements do not list "Parks" as one of the land uses, while parks are listed as an allowed use in 8 zoning districts. In addition, while golf courses are grouped together with parks in the zoning districts (Article 5), they are separated from parks and given a different parking requirement in Article 14. DISCUSSION Planning staff recently discovered that in the preparation of the Unified Development Code the land use for parks was omitted from the list in the off - street parking requirements. While the individual zoning districts do in fact list parks, there is no parking requirement for them. Prior to the adoption of the UDC in 2009, the Zoning Ordinance required off - street parking for parks to be determined by the City Planner. The same requirement is being proposed at this time. Staff also found that golf courses, while properly listed in both Articles 5 and 14, were assigned two different parking requirements; 50 spaces per 9 holes and "as determined by the City Planner." This inconsistency has existed since 1985. This issue is proposed to be addressed by separating golf courses and parks in the list of permitted uses for each zoning district where they appear. The other proposed change is how "Parks" is listed in the individual zoning districts. Currently, it is listed as, "public or private park, golf course or similar natural recreation areas." Planning staff would like to change to it to: "Parks, public or private, and similar natural recreation areas." The reason for this change in wording is that it will be listed Memo to Zoning Advisory Commission Page 2 directly under "Outdoor recreation or outdoor amusement center" in Article 14. This will help when people are accessing -tt% Code and looking for parking requirements, that there is a distinction between outdoor recreation and parks in terms of parking requirements. Finally, "Golf Course" will be listed separately since it has its own parking requirement. RECOMMENDATION Planning staff recommends that the Zoning Advisory Commission review the enclosed information and recommendation, and recommend Article 5 and Article 14 be amended as proposed. KLK/mec Attachments cc: Marie Ware, Leisure Services Manager Section 2 -Land Use Regulations Article 5: Zoning Districts Single - family detached dwelling Place of religious exercise Accessory dwelling runt Licensed child care center 5 -2 R -1 Single- Family Residential The R -1 District is the most restrictive residential district and is intended to protect low density residential areas from the encroachment of incompatible uses. The principal use of land in this district is for low density single - family dwellings and related recreational, religious and educational facilities. 5 -2.1 Principal Permitted Uses The following uses are permitted in the R -1 District: 1. Cemetery, mausoleum, or columbarium 2. Place of religious exercise or assembly 3. Public or private park, golf course, or similar natural recreation area 4. Public, private or parochial school approved by the State of Iowa (K -12) 5. Railroad or public or quasi - public utility, including substation 6. Single - family detached dwelling 5 -2.2 Conditional Uses The following conditional uses may be permitted in the R -1 District, subject to the provi- sions of Section 8 -5: 1. Accessory dwelling unit 2. Bed and breakfast home 3. Keeping of horses or ponies 4. Keeping of hens 5. Licensed adult day, services 6. Licensed child care center 7. Mortuary, funeral home, or crematorium 8. Off street parking 9. Tour home 10. Tourist home 11. Wind energy conversion system 5 -2.3 Accessory Uses The following uses are permitted as accessory uses as provided in Section 3 -7: 1. Detached garage 2. Fence 3. Garage sale; no more than three per calendar year or three consecutive days per sale 4. Home -based business 5. Noncommercial garden, greenhouse or nursery 6. Off street parking and storage of vehicles 7. Satellite receiving dish 8. Solar collector 9. Sport, recreation, or outdoor cooking equipment 10. Storage building 11. Tennis court, swimming pool or similar permanent facility 12. Wind turbine (building- mounted) 5 -2.4 Temporary Uses Temporary uses shall be regulated in conformance with the provisions of Section 3 -19. v,;'• ,..d.. '; : Section 3 —Land Development Regulations ( Article 14: Parking Land Use Off - Street Parking Spaces Required I Mobile or manufactured home sales or service 1 per employee on maximum shift, plus 1 per 500 square feet GFA of indoor display area, plus 1 per 5,000 square feet GFA of outdoor display area Mortuary or funeral home 1 per 50 square feet viewing area, plus 1 per employee on maximum shift Multiple- family dwelling 1.5 per unit Multiple - family dwelling (maximum 6 'units) 1.5 per unit Multiple - family dwelling (more than 12 units) 1.5 per unit Multiple - family dwelling (3 to 12 units) 1.5 per unit Museum or library 1 space for each 500 square feet of floor area accessible to the general public 'Neighborhood shopping center 1 per 250 square feet GFA accessible to the public Nursing or convalescent home 0,25 per bed, plus 1 per employee on maximum shift Nursing or convalescent home for institutional residents or affiliates 0.25 per bed, plus 1 per employee on maximum shift Office supply 1 space for each employee on maximum shift plus one space for each 250 square feet of floor area accessible to general public Offices for administrative personnel or other institutional employees or affiliates 1 per 4,500 square feet office floor area, OR 1 per employee on largest shift, whichever is greater Outpatient care facility 1 per employee, not including doctors, on maximum shift, plus 3.5 per doctor Outdoor recreation or outdoor amusement center Bowling alley: 4 spaces for each lane Excursion craft operation and service: 1 space for each 4 permanent seats on the craft, plus 1 space for each employee on the maximum shift Golf course: 50 spaces for each 9 holes Gymnasium (with no seating provided): 1 space for each 100 square feet of athletic floor area Miniature golf: 15 spaces for each 9 holes Pleasure craft harbor: 1.5 spaces for each docking slip Pool hall /billiard parlor: 1 employee on the maximum shift, plus 1 space for each 100 square feet of area accessible to the general public Shooting /archery range: 1 space for each firing point, plus 1 space for each employee on the maximum shift Swimming Pool: 1 space for each 30 square feet of gross pool area Tennis/handball /racquetball courts: 3 spaces for each court Weight training /exercise room: 1 space for each 100 square feet of floor area devoted to such use Parks, public or private, and similar natural iris As determined by the City Planner. Passenger transfer facility 1 space per employee on maximum shift plus 1 space for each 250 square feet of floor area accessible to general public ;Personnel services 1 space for each 400 square feet devoted to office use or 1 space for each Pet daycare 1 per employee on maximum shift THE CITY OF DUB 1985 l• �rc;*&plgs.. § 2 -8 DUBUQUE CODE height, material, composition and general ap- pearance of the fence is appropriate to the prop- erty in that historic district and the other appli- cation standards for conditional use permits are met. 2 -8.2. Other Districts: Fences surrounding school yards or located in other zoning districts shall be exempt from the provisions of Section 2-8.1 of this Ordinance, provided that visibility at intersections is not hindered. 2 -8.3. Barbed Wire: Barbed wire shall not be permitted below eight feet (8') in height except on AG, agriculturally zoned properties for pur- poses of containing livestock. (Ord. 56 -88, § 1, 11 -7 -1988) . 2 -9. Lots And Buildings To Front On Public Or Approved Private Street: - All lots created after the effective date of this Ordinance (March 18, 1985) shall front upon a public street or an approved private street, and no building shall be hereafter erected or con- structed except upon such , a lot. (Ord. 16 -98, . § 1, 3 -16 -1998) SECTION.3. DISTRICT REGULATIONS 3.1. Residential Districts: 3 -1.1. R -1 Single- Family Residential District: (A) General Purpose And Description: The R -1 District is the most restrictive resi- dential district. The principal use of land in this district is for low density single - family dwellings and related recreation- al, religious and educational facilities normally required to service the resi- dents within the district. Low density residential areas shall be protected from higher density residential development and from the encroachment of incompati- ble uses. . (B) Principal Permitted Uses': The following uses shall be permitted in the R -1 Dis- trict: (1) Single - family residential dwelling (detached) -[11]. (2) Churches, convents and monaster- ies—[7] . (3) Cemeteries, mausoleums and colum- bariums —[47]. (4) Public and private /parochial schools approved by Iowa State Board of Public Instruction (K- 12) —[10]. (5) Public or private parks, golf courses, or similar natural recreation areas —[47]. . (6) Railroads and public or quasi - public utilities including substations —[47]. . (7) Noncommercial nurseries and gardens— [n /a]. (C) Accessory Uses: The following uses shall be permitted as accessory uses as provid- ed in Section 4 of this Ordinance: (1) Attached garages. - (2). - Detached garages. (3) Noncommercial greenhouses. (4) Solar collectors. (5) Wind generators. (6) Satellite receiving dishes. (7) Storage buildings. (8) Readily moveable sports, recreation, or outdoor cooking equipment. 1. Numbers in brackets in This subsection, e.g., [11], refer to parking groups. See Section 4.2 of this Ordinance. Supp. No. 43 3672.2 ies Zipe:470.4:Adote.w. Parking Group Minimum Off - Street Parking Spaces Required APPENDIX A— ZONING 37 (a) Bowling alley: 4 spaces for each lane. (b) Miniature golf: 15 spaces for each 9 holes (c) Golf course: 50 spaces for each 9 holes. (d) Excursion craft operation and service: 1 space for each 4 permanent seats on the craft, plus 1 space for each employee on the maximum shift. (e) Pleasure craft harbor: 1.5 spaces for each docking slip. (f) Tennis/handball /racquetball courts: 3 spaces for each court. (g) Swimming pool: 1 space for each 30 square feet of gross pool area. (h) Weight training /exercise room: 1 • space for each 100 square feet of floor area devoted to such use. (i) Gymnasium (with no seating provided): 1 space for each 100 square feet of athletic floor area. (j) Shooting /archery range: 1 space for each firing point, plus 1 space for each employee on the maximum shift. (k) Pool hall/billiard parlor: 1 employee on the maximum shift, plus 1 space for each 100 square feet of area accessible to the general public. 38 1 space for each employee on the maximum shift, plus 1 space for each 500 square feet of internal display area, plus 1 space for each 2,000 square feet of outdoor display- area, plus 2 spaces for each service bay. 39 1 space for each employee on the maximum shift, plus 1 space for each 4,000 square feet of outdoor display area, plus 2 spaces for each service bay. 40 1 space for each employee on the maximum shift, plus 1 space for each 500 square feet of indoor display or office area, plus 1 space for each 5,000 square feet of outdoor display area. 41 1 space for each employee on the maximum shift, plus 1 space for each 250 square feet of display area (including both indoor and outdoor), plus 2 spaces for each service bay. Supp. No. 32 3741 § 4 -3 Parking Minimum Off-Street Group Parking Spaces Required 42 1.5 spaces for each employee on the maximum shift, plus 1 space for each service bay and/or service vehicle. 43 1 space for each 200 square feet of gross leasable area. 44 1 space for each • employee on the maximum shift, plus 1 space for each service vehicle, plus adequate truck and tractor /trailer spaces as determined by the City development planner. 45 Dormitories: 1 space for each bed. Gymnasiums: 1 space for each 6 permanent seats, Lecture Halls: 1 space for each 6 permanent seats. Employees: 0.75 spaces for each employee on the maximum shift. 46 1.5 spaces for each licensed or State - approved bed. 47 As determined by the City planner. 48 1 space for each six (6) permanent seats, plus one space for each employee on the maximum shift. 4 -2.8. Handicap Parking Space Requirements: Parking spaces for the physically handicapped shall be located as close as possible to elevators, ramps, walkways and entrances. Parking spaces for the physically handicapped shall be located so that such persons are not compelled to wheel or to walk behind parked cars to reach entrances, ramps, walkways and elevators. One handicap space shall be provided for each one hundred (100) parking spaces in a parking lot. (Ord. 70 -90, § 1(a), 9 -4 -1990; Ord. 44 -96, § 1, 10 -7 -1996) 4 -3. Sign Regulations: 4 -3.1. General Statement Of Intent: The provisions of this Section set forth the comprehensive - regulations, conditions and limitations under which signs may be permitted in the City. It is intended: (1) To permit and regulate signs in the least burdensome way that will carry out the purposes of these regulations and to Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St Telephone: 589 -4210 Return to: Kevin Firnstahl, City Clerk Address: City Hall- 50 W. 13t" St Telephone: 589 -4121 ORDINANCE NO. 17 -13 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY AMENDING ARTICLE 14 -6, OFF - STREET PARKING REQUIREMENTS, TO ADD PARKS, PUBLIC OR PRIVATE, AND SIMILAR NATURAL RECREATION AREAS TO THE LIST OF LAND USES AND BY AMENDING ARTICLE 5, ZONING DISTRICTS, TO MODIFY HOW PARKS IS LISTED AS A PERMITTED USE. 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, the Unified Development Code, Article 14 -6 is hereby amended as follows: Parks, Public or Private, and similar Natural Recreation Areas: As determined by the City Planner. Section 2. That Title 16 of the City of Dubuque Code of Ordinances, the Unified Development Code, Article 5 is hereby amended as follows: 5 -2.1 (R -1 Single - Family Residential District) • Parks, Public or Private, and similar Natural Recreation Areas • Golf Course 5 -3.1 (R -2 Two - Family Residential District) • Parks, Public or Private, and similar Natural Recreation Areas • Golf Course 5 -4.1 (R -2A Alternate Two - Family Residential District) • Parks, Public or Private, and similar Natural Recreation Areas • Golf Course 5 -5.1 (R -3 Moderate Density Multi - Family Residential District) • Parks, Public or Private, and similar Natural Recreation Areas • Golf Course 5 -6.1 (R -4 Multi - Family Residential District) • Parks, Public or Private, and similar Natural Recreation Areas • Golf Course 5 -11.1 (C -2 Neighborhood Shopping District) • Parks, Public or Private, and similar Natural Recreation Areas • Golf Course 5 -13.1 (C -3 General Commercial District) • Parks, Public or Private, and similar Natural Recreation Areas • Golf Course 5 -17.1 (CR Commercial Recreation District) • Parks, Public or Private, and similar Natural Recreation Areas • Golf Course Section 3. That the foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 4. This Ordinance shall take effect immediately upon publication as provided by law. Attest: Passed, approved and adopted this 18th day of March, 2013. / Kevi S. Firnstahl, City '' Lei Roy D. B Mayor OFFICIAL PUBUCAYION ORDINANCE NO. 17 -13 AN ORDINANCE AMENDING APPEN- DIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINAN- CES, UNIFIED DEVEL- OPMENT CODE, BY AMENDING ARTICLE 14-6, OFF- STREET PARKING REQUIRE- MENTS, TO ADD PARKS, PUBLIC OR PRIVATE, AND SIMI- LAR NATURAL REC- REATION AREAS TO THE UST OF LAND USES AND BY AMENDING ARTICLE. 5, ZONING DIS- TRICTS, TO MODIFY HOW PARKS 15 LIST- ED AS A PERMITTED USE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, 10- WA: Section 1. That Title 16 of the City of Dubu- que Code of Ordinan- ces, the Unified Devel- opment Code, Article 14 -6 is hereby amend- ed as follows: • Parks, Public or Pri - vate, and similar Natu- ral Recreation Areas As determined by the City Planner. , Section 2. That Title 16 of the City of Dubu- que Code of Ordinan- ces, the Unified Devel- opment Code, Article 5 is hereby amended as follows: 5 -2.1 (R-1 Single - Family Residential Dis- trict) • Parks, Public or Pri- vate, and similar Natu- ral Recreation Areas • Golf Course 5 -3.1 (R -2 Two - Family Residential District) • Parks, Public or Pri- vate, and similar Natu- ral Recreation Areas • Golf Course 5 -4.1 (R-2A-Alternate Two - Family Residential District) • Parks, Public or Pri- vate, and similar Natu- ral Recreation Areas • Golf Course 5 -5.1 (R -3 Moderate Density Multi - Family Residential District) • Parks, Public or Pri- vate, and similar Natu- ral Recreation Areas • Golf Course 5 -6.1 (R -4 Multi- Family Residential Dis- trict) • Parks, Public or Pri- vate, and similar Natu- ral Recreation Areas • Golf Course 5=I1.1. (C -2 Neighbor- hood Shopping Dis- trict) • Parks Public or Pri- vate, and similar Natu- ral ,Recreation .Areas • Golf Course 5 -13.1 (C -3 General Commercial District) • Parks, Public or Pri- vate, and similar Natu= ral Recreation Areas • Gglf Course 5 -17.1 (CR Commer- cial Recreation Dis- trict) • Parks, Public or Pri - vate, and similar Natu- ral Recreation Areas • • • Golf Course Section 3. That•the foregoing amendment has heretofore been reviewed by the Zoning: Advisory Commission::; of the City-of Dubuque,; Iowa. Section 4. This Ordi- nance shall take effect immediately upon pub - lication as provided by law. Passed, approved and adopted this 18th day of March, 2013. /s /Roy D. Buol, Mayor Attest: /s /Kevin S. Firnstahl, City Clerk Published official in the Telegraph Herald newspaper on the 22nd • day of March, 2013. /s /Kevin S. Firnstahl, ' City Clerk It 2/22 STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: March 22, 2013, and for which the charge is $27.77. r tA Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this C2TOId day of 717 —,,i , 20 /3 . Notary Public in and for Dubuque County, Iowa. K,'i "s X1'1 { r -�. •.