Zoning Text Amend. PUD'sPlanning Services Department
City Hall
50 West 13th Street
Dubuque, Iowa 520014864
(563) 5894210 office
(563) 5894221 fax
planning@cityofdubuque.org
January 14,2002
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque IA 52001
RE:
Applicant:
Description:
Text Amendment
City of Dubuque
To amend Section 3-5.5(B) Planned Unit Development 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
Associate Planner Kyle Kritz reviewed the purpose of the text amendment, noting that
current language is inconsistent with other sections of the Zoning Ordinance and that
PUDs often have more than one property owner.
There were no public comments.
The Zoning Advisory Commission discussed the request, noting that the proposed text
amendment does not materially change the process for establishing a PUD but clears
up inconsistent language in the Zoning Ordinance.
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 requests.
Respectfully submitted,
Eugene Bird, Jr., Chairperson
Zoning Advisory Commission
Attachments
ORDINANCE NO. 4-02
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE
CITY OF DUBUQUE CODE OF ORDINANCES BY REPEALING SECTION 3-5.5(B)
AND ADOPTING A NEW SECTION 3-5.5(B) IN LIEU THEREOF PERTAINING TO
GENERAL REQUIREMENTS OF PLANNED UNIT DEVELOPMENTS.
Whereas, the City Council established the Planned Unit Development (PUD)
District to encourage flexible and innovative design; and
Whereas, the City Council finds that requ dng common ownership in a PUD is
inconsistent with the general purpose of intent of this district.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. Appendix A (the Zoning Ordinance) of the City of Dubuque Code of
Ordinances is hereby amended by repealing Section 3-5.5(B) and adopting the
following new Section 3-5.5(B) in lieu thereof:
General Requirements: *A PUD may be established on any parcel over
two (2) acres for residential, office, commercial or industrial development.
A PUD is required for all department stores over sixty thousand (60,000)
square feet of building area, regional shopping centers, all multi-family
structures over twelve (12) units per building, and for all new industrial
parks and all new office parks.
.................................... ~p., The Ci f Dubuque may request or
require a PUD classification.
Such PUD district designation(s) shall be shown on the official zoning map
as a P followed by a letter designating the primary use, C (Commercial), O
(Office), I (Industrial) or R (Residential); therefore, showing a PR, PO, PI
Or PC designation.
Section 2. This ordinance has heretofore been reviewed by the Zoning Advisory
Commission of the City of Dubuque, Iowa.
Section 3.
provided by law.
This ordinance shall take effect immediately upon publication, as
Passed, approved and adopted this 21st day of January , 2002.
Ann E. Michalski, Mayor Pro-Tem
Attest:
Jeanne F. Schneider: City Clerk
Plannin9 Services Department
DiA)uo~, T~A 52001-486q
Phone: 563-589~210
lax: 563-589~,221
PLANN iG APPLTCA'TZON FORM
Variance
Coronal Use I~'mit
Appeal
Special Exception
Rezo~ng
Preliminary Plat
Hiflor Fin~ Plat
O Text Amendment
Simple Site Plan
Minor Site Plan
Major Site Plan
Ma~or Final Plat
Simple Subdi~ion
.q T~npor~/Use Permit
[] Cerdficate of Economic Non-Vability
~ Cerltrr..ate of Appropriateness
g O~er:
Please type or mint leaiblv in ink
Proper'w owner(s):
Nol~le/Cellular Number:.
7ip:
Applicant/P~ent: Ob/of Out~.~.~
Address: aw Hall - 50 W. 13u~ Stre~
ow:
Phone: 563-589-4210
· Stabe: 7A Zip: 52001
Pax Number: 563-589~221
. Mobile/Cellular Number:
S~ tocatton/address: N/A
ExisUng zoning: N/A Proposed zoning: N/A Historic District: N/A Landmark: N/A, ,
Legal DescriplJon (Sidwell parael Lq)# or lot number/blod( number/subdivision): N/A
Total property (lot) ama (square feet or ac~es): N/A
Describe proposal and m tory (attach a letter o~ expla~, if needed): Amended Section 3-
5.5(B) Planned Urn4: Develooment Distdd: to eJiminat~ reeuirement that stioulates tte~ "A oarcel
pro___,:,'~_ for PUD must be under the ~ontrol of a c:o.,,m ownershio."
CF_RT[RCAT[ON: [/we, tile undersigned, do hereby certify that:.
1. The information submitl~t here~n is true and correct to the best of mylour Imo~edge and upon
submittal becomes public record;
2. Fees am not refundable and payment does not guarard~e approval; and
3, NI ~ required ~~ ~als are attached,
FOR O~ USE ONLY - A~LZCA~. N~UBHZITAL CHECKLTST
Fee: Received by: ~: _ _ _ Docket:
n Site/s~ p~an 0 Conoepb~l Develo~n ~Photo ~ Plat
APPENDL~ A-ZONING
and this ordinance and is formulated
in conformance with the review proce-
dures and standards of this section.
' (B)
Genercl requirements. A PUD may be es-
tablished on any parcel over t~vo (2) acres
for residential, ofi~ce, commercial, or indus-
trial development. A PUD is required for
all department stores over sLxty thousand
(60,000) square feet of building area, re-
gional shopping centers, alt mnitlfamily
structures over twelve (12) units per
building, and for all new industrial parks
and all new office
~~ under thc ....
-~w.~r~. The Ci~ of Dubuque
may request or require a PUD classffica-
Such PUD d~strict desig'na~ion(s).shall be
shown on the official zoning map- a~ a P
followed by a le~er designating the pri-
mary use, C (Commercial), 0 (Office), I (In-
dustrial}', or R (Residential}; therefore
showing a PR, PO, PI or PC designation.
(C} Permitted uses. Each planned unit develop-
ment shall allow any principal permitted
use allowed by the zoning ordinance, which
by design and use and restriction is com-
patible with all adjacent uses, and which is
: specifically listed in the ordinance adopted
' for the PUD.
In all PUD's, the following uses are also
permitted:
(1l .Accessory buildinge and uses custom-
arily inciden~.l to a permitted use;
(2} Group day care centers provided that
no group day care center may be lo-
coted in or adjacent to any s~ructure or
storage area where hazardous mate.
rials ara present; and
(31 Temporaryusesrela~edtotheconstruc.
tiou of PUD improvements, and to prin-
cipal permiU:cd uses in the PUD.
(DI I)ev,q~oment regulations. Lots, nses, signs
and struct4~roa shall conform to the bulk,
si~,n~, parking and any other development
re~,mla~iou~ specifically provided in the or-
dinnnce establishing a partlculur PUD dis-
trict or in ordinances adopted pursua
thereto; however, PUD districts establish,
prior to adoption of:this ordinance wi~ho,
specific bulk, sign, parking and other d
velopment regulations shall be regula',e
by said regulations of the most compatib
district allowing the existing uses whk
are in the PUD.
In all PUD's the follo~ng minimum
dards shall be met:
(1) General standards:
(al The density and design oS the PD~
shall be compatible in use, size an
type of str~cture, relative amou~
of open space, traffic circulatio
and general layout with adjoinin
land uses, and shall be integra~.e
into ~he neighborhood.
th) The PUD shall take into conside~
orion the impact in existing s~reet
and utilities.
(c) The economic, envir~nmen~ ~n~
neighborhood impacts of the devel
opment shall be considered.
(d) The PUD shall conform w/th th~
adopted long range comprehensiv,
plan.
(2) Specific standa~ls:
(al Maximum land coverage of al
buildings and impermeable
shall be established.
(b) Minimum open space shall be es
tablished and continued mein:e
nance of the open space shall b~
provided in the specific PUD ordi
hence. (Open space me~ns lane
area of the PUD no~ covered by
buildings, parking 'or vehicula:
maneuvering areas, but includin~
stormwa~er de,cation basins, rec
reational and.pedestrian areas
natural features, such as wate~
courses, w~odiands, bluffs, etc.,
private yards, if' any.)
tel Minimum interior and perime'~e:
setbacks shall be established.
td) Structures, other than single
family, adjacent ~o existing single
~ $,,,tqt N,,. ! I 3736.7
CITY OF DUBUQUE, IOWA
MEMORANDUM
December 21, 2001
TO:
FROM:
SUBJECT:
Zoning Advisory Commission
Kyle L Kdtz, Associate Planner
Text Amendment to Section 3-5.5 (B) Planned Unit Development District
INTRODUCTION
The City of Dubuque is requesting an amendment to Section 3-5.5(B) Planned Unit
Development District (PUD). The City is requesting that the General Requirements
section of the PUD district be modified to correct an inconsistency between the
standard process for rezoning a parcel of land and the process for rezoning a parcel of
land to a PUD District.
DISCUSSION
Section 3-5.5(B) of the PUD District General Requirements states that, A parcel
proposed for PUD must be under the control of a common ownership. Planning staff
has found this language to be inconsistent with Section 6-1.2 Application Request for
Zoning Reclassification. This section states, Any person may request a
reclassification of property to another district, regardless of such persons interest in the
property, by submitting a completed zoning reclassification application, together with
the fee, as specified in Section 7-2 of this Ordinance, to the Planning Services
Division.' The language is Section 3-5.5(B) is inconsistent with the language contained
in Section 6-1.2. In addition, once a PUD is established, even if it is under common
ownership, typically does not remain under common ownership. An example is the
Asbury Plaza PUD that has property within it owned by Rubloff Development, Hy-Vee,
Culver's and Hardee's.
Planning staff is proposing to delete the sentence from Section 3-5.5(B) that requires
that a parcel proposed for a PUD must be under the control of a common ownership as
this is inconsistent with the requirements of the Zoning Ordinance section on
reclassification procedures and does not reflect the ownership situation in existing
PUDs.
RECOMMENDATION
Staff recommends that the Zoning Advisory Commission approve the proposed text
amendment to Section 3-5.5(B) Planned Unit Development District General
Requirements, to eliminate the requirement that property within the PUD is under
control of a common ownership.