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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.