Loading...
UDC Text Amendment, Article 13_Sidewalk InstallationPlanning 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 Masleri)hre on lJt' Mississippi Dubuque AI- America City 2007 March 7, 2013 Applicant: City of Dubuque Description: Amend Article 13- 3.6(A) of the Unified Development Code (UDC) regarding the installation of sidewalks. 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 proposed amendment to Article 13- 3.6(A) of the UDC regarding sidewalks. He said that the amended language would refer a contractor or developer to the sidewalk installation and repair standards set forth in the City Code Section 10 -2.1. He said this would help clarify sidewalk requirements by providing more detailed specifications and by outlining the sidewalk waiver request process. There were no public comments. The Zoning Advisory Commission discussed the request, and felt that is was appropriate. 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. ectfyijly submitted, atrick N • n, Vice- Chairperson Zoning Advisory Commission Attachments Service People Integrity Responsibility Innovation Teamwork Masterpiece on the Mississippi ['Variance ❑Conditional Use Permit DAppeal ❑Special Exception ❑Limited Setback Waiver ❑Rezoning /PUD /ID Dubuque 'IIIP 2012 PLANNING APPLICATION FORM ['Preliminary Plat ❑Major Final Plat ['Minor Final Plat ❑Simple Site Plan ❑ Minor Site Plan ❑ Major Site Plan ❑Simple Subdivision ❑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 planning @cityofdubuque.orq ❑ 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: State: Zip: Fax #: Cell #: E -mail: Applicant /Agent: City of Dubuque Planning Services Department Address: 50 W. 13th Street Fax #: 563 - 589 -4221 Site location /address: N/A City: Dubuque Phone: 563 - 589 -4210 State:Zip:52001 Cell #: E -mail: kkritz@cityofdubuque.org Existing zoning: N/A Proposed zoning: Neighborhood Association: N/A District: Legal Description (Sidwell parcel ID# or lot number /block number /subdivision): Total property (lot) area (square feet or acres): N/A N/A N/A Landmark: ❑ Yes ❑ No N/A Describe proposal and reason necessary (attach a letter of explanation, if needed): Development Code regarding installation of sidewalks Amend Article 13- 3.6(A) of the Unified 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: Q7,0/( FOR OFFICE USE ONLY — APPLICATION SUBMITTAL CHECKLIST Fee: Received by: Date: Docket: Masterpiece on the Mississippi Dubuque ***** NI- AmedcaCily 'ffir 2012 February 25, 2013 TO: Zoning Advisory Commission FROM: Kyle L. Kritz, Associate Planner SUBJECT: Amendment to Section 16- 13- 3 -6(A) of the Unified Development Code regarding installation of sidewalks INTRODUCTION Planning staff is proposing to amend Section 16- 13- 3 -6(A) Sidewalks and Walkways. The current UDC language and an Ordinance for the proposed text amendment are attached. DISCUSSION Planning staff is proposing to amend the above section of the Unified Development Code to include a cross - reference to the general city requirements regarding installation of sidewalks. The UDC's current language requires continuous sidewalks to be provided along all public street frontages. The general city requirements are more specific in terms of when sidewalks are required to be constructed and provide a process for a full or partial exception from the sidewalk installation requirement. Planning staff recommends that the language be amended to read as follows: Continuous sidewalks a minimum of four feet wide, shall be provided in compliance with Section 10 -1 -2: Sidewalk Installation and Repair. Planning staff believes that this amendment will eliminate potential confusion between the general city requirements and the Unified Development Code requirements and eliminate the need for a waiver from both the general requirements and the UDC. Since the sidewalks referenced in Section 16- 13- 3 -6(A) are within the public right -of -way, Planning staff believes that the requirements and process established in the general requirements should take precedence and the UDC should make reference to Section 10 -1 -2. Memo to Zoning Advisory Commission Page 2 RECOMMENDATION Planning staff recommends that the Zoning Advisory Commission review the enclosed information and recommend Section 16- 13- 3 -6(A) be amended as proposed. KLK/mec Attachments cc: Barry Lindahl, City Attorney Gus Psihoyas, City Engineer Section 3 —Land Development Regulations Article 13: Site Design Standards 13 -3.5.3 Standard Parking Space Dimensions A. The standard size parking stall should be at least nine feet wide and 18 feet Iong. Standard -Size Car Requirements (AASHTO standard) Degree of Angle Stall Width (A) Curb Length (B) Stall Depth (C) Stall Length (D) Aisle Width 1 -way /2 -way (E) Island Width (F) 0 deg 45 deg 8.5 feet 9 feet 23 feet 12.7 feet 60 deg 9 feet 10.4 feet 90 deg 9 feet I 9 feet n/a 19.8 feet 21 feet 18 feet n/a 19 feet 19 feet 18 feet 13 feet/24 feet 13 feet/13 feet 18 feet/18 feet 24 feet/24 feet n/a 33.2 feet 37.4 feet 36 feet B. If parking stalls for compact cars are allowed, the stall dimensions should be at least seven feet six inches wide and 16 feet long. ree of Angle 0 deg 45 deg 60 deg 90 deg Stall Width (A) Standard Compact Car Requirements Curb Length (B) 7.5 feet 16 feet 8 feet 11,3 feet 8 feet 9.2 feet 8 feet 8 feet Stall Depth Stall Length (C) (D) n/a 17 feet 17.8 feet 16 feet n/a 16 feet 16 feet 16 feet Aisle Width 1 -way /2 -way (E) 13 feet/24 feet 13 feet/13 feet 18 feet/18 feet 24 feet/24 feet Island Width (F) n/a 28.3 feet 31.7 feet 32 feet 13 -3.6 Sidewalks and Walkways A. Continuous sidewalks a minimum of four feet wide shall be provided along all public street frontages. B. Clearly defined and lighted pedestrian walkways shall extend between parking areas and all building en- trances. C. All sidewalks and walkways shall meet the ADA standards for accessibility. 13 -4 Landscaping and Screening Requirements: 13 -4.1 Intent The landscaping and screening requirements of this section are intended to promote attractive and harmonious growth of the City. Landscaping is a fundamental component of property development. These provisions are intended to preserve and enhance property values by ensuring that yards, open spaces, parking lots and public rights -of -way are designed and maintained with respect to plants and landscape materials. This section also in- tends that property development should respect land capability and constraints, minimize erosion and destruction of natu al amenities and reduce conflicts between lands and uses. 13 -4.2 Application and Scope No new structure, building or parking lot shall be constructed unless in compliance with the landscape and screening standards of this Article. 13 -4.3 Landscape Area Requirements A. Single - family and two- family dwellings shall maintain a minimum of 20 percent of lot area as a permeable and uncovered surface that contains living material. Single- family and two - family dwellings shall be exempt from other requirements of Section 13 -4. 3 Sterling Codifiers, Inc. Page 1 of 7 Chapter 1 STREETS, SIDEWALKS AND OTHER PUBLIC PLACES 10 -1 -1: CURB AND DRIVEWAY CONSTRUCTION PERMIT: A. Required For Construction Or Alteration: No person shall begin to construct, reconstruct, repair, alter or change any curb, curb cut or driveway on the public streets or alleys of the city without first obtaining a permit therefor from the city manager, as provided by this section. (2007 Code § 41 -31) B. Application For Permit: An applicant for a permit under this section shall file with the city manager an application showing the name and address of the owner of the property abutting the proposed work area, the name and address of the party doing the work and such other information as the city manager shall find reasonably necessary to the determination of whether a permit should be issued. (2007 Code § 41 -32) C. Agreement Of Abutting Owner To Make Improvements Prerequisite To Issuance: The owner of the abutting property shall agree, as a condition to the granting of the permit required by this section, for such owner and such owner's successors in title to the abutting property, to make, at the expense of the abutting property, all necessary changes in the improvements as may subsequently be found reasonably necessary for the preservation of the public health, welfare or safety. (2007 Code § 41 -33) D. Council Approval Required For Issuance In Certain Areas: 1. Northwest Arterial: Access to the northwest arterial may be granted only by the department of transportation with the concurrence of the city manager. The city manager shall not concur in the granting of a permit under this section for any driveway access onto the northwest arterial without prior approval of the city council. 2. Spacing Between Access Locations: The minimum allowable spacing between access locations shall be one thousand feet (1,000'). No access shall be allowed on any intersecting side street under city jurisdiction within one hundred fifty feet (150') of the edge of the northwest arterial, or within one hundred fifty feet (150') of the edge of any planned additional through lanes. (2007 Code § 41 -34) http:// www. sterlingcodifiers .com/codebooldprintnow.php 1/30/2013 Sterling Codifiers, Inc. Page 2 of 7 E. Issuance: The city manager shall issue a permit required by this section for the work applied for if the city manager finds: 1. That the work will be done in accordance with the standard specifications for curbs, curb cuts and driveways prepared by the city engineer; 2. That the proposed work will not unreasonably interfere with vehicular and pedestrian traffic, the demand and necessity for parking spaces and means of egress and ingress to and from the property affected and adjacent property; and 3. That the health, welfare and safety of the public will not be unreasonably impaired. (2007 Code § 41 -35) 104 -2: SIDEWALK INSTALLATION AND REPAIR: A. Installation: 1. The owner of any lot or parcel in the city, that abuts upon any improved public street that has concrete or stone curb, shall, at the owner's cost, install to standard city specifications a sidewalk along the full length of the portion of the lot or parcel abutting the public street when said lot or parcel is developed or redeveloped or at the direction of city council. For purposes of this subsection, "development or redevelopment" means any improvement that creates a new parking lot, new principal structure, garage, carport, covered deck, or covered patio on the lot or parcel or changes the footprint of the parking lot, principal structure, garage, carport, covered deck, or covered patio on the lot or parcel. 2. Upon application and for good cause shown, the city manager may grant a full or partial exception to the above requirement. (Ord. 44 -09, 9- 8-2Q09) B. Duty Of Owner To Maintain: The owner of any lot or parcel thereof abutting upon any sidewalk on the city streets in the city shall maintain said sidewalk free from cracks, holes and unevenness so that the sidewalk does not constitute a safety hazard, and such conditions are hereby declared a public nuisance. For the purposes of this section, "sidewalk" includes the area from the back of the curb to the right of way line abutting the property. (2007 Code § 41 -101) C. Notice To Replace, Repair Or Reconstruct: 1. Whenever the city manager shall determine that the conditions of any sidewalk as described in subsection B of this section exist, the city manager shall serve notice by certified mail on the abutting property owner, as shown by the records of the county http:// www. sterlingcodifiers .com/codebook/printnow.php 1/30/2013 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. 13th St Telephone: 589 -4121 ORDINANCE NO. 18 -13 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES, TITLE 16 UNIFIED DEVELOPMENT CODE, CHAPTER 13 SITE DEVELOPMENT STANDARDS, SECTION 3 -6(A) SIDEWALKS AND WALKWAYS, TO REFERENCE THE GENERAL SIDEWALK REQUIREMENTS IN THE CODE OF ORDINANCES NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. City of Dubuque Code of Ordinances Section 16- 13- 3 -6(A) is hereby amended to read as follows: 16- 13 -3 -6: Sidewalks and Walkways A. Continuous sidewalks a minimum of four feet wide shall be provided in compliance with Section 10 -2 -1. Section 2. This amendment has heretofore been reviewed by the Zoning Advisory Commission. Attest: Section 3. This Ordinance shall take effect upon publication." Passed, approved and adopted the 18th day of March = irnstahl, C ty Clerk , 2013. Roy D. Byrd, Mayor OFFICIAL • PUBLICATION ORDINANCE ' NO. 18 -13 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES, TITLE 16 UNIFIED DEVELOP- MENT CODE, CHAP- TER 13 SITE DEVEL- OPMENT STAND- ARDS, SECTION' 3- 6(A) SIDEWALKS AND WALKWAYS, TO REF- ERENCE THE GENER- AL SIDEWALK . RE- QUIREMENTS IN THE CODE OF ORDINAN- CES NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA: Section 1. City of Du- buque Code of Ordi- nances Section 16-13 - 3-6(A) is hereby amended to read as follows: 16- 13 -3 -6: Sidewalks and Walkways A. Continuous side- walks a minimum of four feet wide shall be provided in compliance with Section 10 -2 -1. Section 2. This amendment has here- tofore been reviewed by 'the Zoning Advisory Commission. Section 3. This Ordi- nance shall take effect upon publication. Passed, approved and adopted thisl8th 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 3/22 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 $12.30. Subscribed to before me, . Notary Public in and for Dubuque County, Iowa, this c942-...t day of i sm , 20 /3 Notary Public in and for Dubuque County, Iowa. `:i :RYK.W :i