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)
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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
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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