Text Amendment Callahan ConstructionPlanning Services Department
City Hall
50 West 13~ Street
Dubuque, IA 52001-4864
(563) 589-4210 phone
(563) 589-4221 fax
(563) 690-6678 TDD
planning@cityofdubuque.org
THE CITY OE
DUB E
Masterpiece on the Mississippi
September 11, 2007
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13th Street
DubuquelA 52001
Applicant: Joel Callahan, Callahan Construction Inc.
Description: To amend Section 3-3.6 CS Commercial Service & Wholesale District of the
Zoning Ordinance to allow for indoor and outdoor recreation.
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
The applicant was in attendance at the August 1, 2007 meeting, and spoke in favor of the
request. The Zoning Advisory Commission tabled the request, and directed staff at that meeting
to draft an ordinance that would allow indoor recreation as a permitted use and outdoor
recreation as a conditional use.
At the September 5, 2007 meeting, staff reviewed the requested text amendment, and the draft
language that would allow outdoor recreation as a conditional use and indoor recreation as a
permitted use. Staff noted that the draft ordinance is not specific regarding landscaping, giving
the Zoning Board of Adjustment latitude as to the kind of screening they would feel is needed.
The applicant was not in attendance. There were no public comments.
The Zoning Advisory Commission discussed the request, noting that the proposed language for
allowing outdoor recreation as a conditional use is appropriate and provides the Zoning Board of
Adjustment with the flexibility to insure an outdoor recreation use is compatible with adjacent
uses.
Recommendation
By a vote of 4 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.
Respectfully submitted,
Eug~eYle Bird Jr., Chairperson
Zoning Advisory Commission
Service People Integrity Responsibility Innovation
Jul 02 07 09:22a
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Gty of Dubuque
Planning ServiQes Dsrt
Dubuque, IA 52f~1-4864
Phone: 563-589-42Id
Fax: 5fi3-5$9~F223.
^ Variance ^Rexoning ^Simple Site Plan ^Annexatioa
^Condit~nal Use Permit
[~qp,~l ^Plamed District
^ Prelirrtinary Plat ^Minar Sibs Plan
^ • Site Plan ^Temporary ULse Permit
^Cefificate of Eaonorrrc Non-Yiabit'ity
^Spedal Eyaception ^NGnor Fnal Plat ^ Mayor Final Plat ^Certlficate of Appropriateness
^timited Setback Waiver ~`rext Amendment ~ ^Simple Subdivision ^Other.
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Legal Desaiption {SCI parcel 1Q?# or lot number/!clock number/subdnnsion):
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CERTii=iGgTIpN: I/we, the undersigned, cb hereby certify that:
Z. Fees are not refundat~le and paymerrt does rwt guaranties approval; and
3. All acidibortal required wn and graphic materials arse attad~ed.
Property Qwnsr(s}:
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PLANNING APPLICATION FARM
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^Site/s~Cetr_h plan ^Gonceptusl Devei pcnent Plan ^Phobo ^Improvement plans
^Desigit review project description OFioor plan ^Plat ^L3ther:
THE CITY OF
DUB E MEMORANDUM
Masterpiece on the Mississippi
August 27, 2007
TO: Zoning Advisory Commission
FROM: Kyle L. Kritz, Associate Planner
SUBJECT: Proposed Amendment to Section 3-3.6 of the CS Commercial Service and
Wholesale District
INTRQDUCTION
The applicant, Joel Callahan, is proposing to amend the City of Dubuque Zoning Ordinance
to allow indoor and outdoor recreation as a permitted use in the CS Commercial Service
and Wholesale District. Currently, indoor recreation is permitted in C-3, C-4, C-5, CR, LI, HI
and Modified Heavy Industrial Districts. Outdoor recreation is a permitted use in the
Commercial Recreation District and a conditional use in the C-3 General Commercial
District.
DISCUSSION
The proposed amendment was requested to allow, as a permitted use, both indoor
recreation facilities and outdoor recreation in the CS Commercial Service and Wholesale
District. The Zoning Advisory Commission reviewed this request at the August 1, 2007
meeting, and directed staff to draft an ordinance that would allow indoor recreation as a
permitted use, and outdoor recreation as a conditional use.
Indoor and outdoor recreation facilities tend to be located in commercial districts, but can
also locate in other districts as they typically do not depend on a high level of pass-by traffic
for their successful operation. Examples of indoor recreation would include ice rinks, soccer
fields, paintball facilities, racquet clubs, tennis clubs, etc. Outdoor recreation has a wide
variety of potential users, including outdoor volleyball courts, softball and baseball fields,
soccer fields, golf courses, etc.
Planning staff does not object to the proposed amendment to the CS Commercial Service
and Wholesale District to allow indoor and outdoor recreation, as the proposed uses are not
inconsistent with existing uses in the CS Commercial Service and Wholesale District. CS
Districts tend not to be located near residential areas that could be adversely impacted by
noise from an outdoor recreation facility, and the types of building constructed for indoor
recreation facilities are of a size and construction that is not out of place with other
structures built in CS Commercial and Wholesale Districts.
RECOMMENDATION
Planning staff recommends that the Zoning Advisory Commission review the request to
amend the CS Commercial Service and Wholesale District to allow indoor recreation
facilities and outdoor recreation as permitted uses and make a recommendation to approve
to the City Council.
KLK/mkr
SECTION 3. DISTRICT REGULATIONS
3-3. Commercial District.
3-3.6 CS Commercial Service and Wholesale District.
(A) General purpose and description. The CS District is intended to provide areas for a variety of
business services, office uses, limited industrial activity and major wholesale operations. The
CS uses aze primarily chazacterized by lazge storage space requirements, high volume truck
traffic and low volume customer traffic. Special emphasis shall be placed on selection of
areas to be granted CS classification. It is intended that the CS District is one that provides a
transitional zone that can be used between industrial and commercial uses and in cases where
topography establishes a transitional area due to physical limitations between industrial and
higher density residential development.
(B) Principal permitted uses. The following uses shall be permitted in the CS District:
(1) Railroads and public or quasi-public utilities including substations-[47).
(2) General office-[14).
(3) MedicaUdental lab-[8].
(4) Personal services-[14].
(5) Off-street parking lot-[N/A).
(6) Furniture/home furnishing-[27).
(7) Appliance sales and service-[27).
(8} Furniture upholstery/repair-[18].
(9) Business services-[29].
(10) Office supply-[19].
(11) Vending/game machines sales and service-[19].
(12) Mail-order houses-[23].
(13) Lumberyards building material sales-[19).
(14) Construction supplies, sales and service-[19).
(15} Printing/publishing-[32).
(16) Moving/storage facilities-[33).
(17) Auto service centers (TBA)-[34).
(18) Auto sales/service-[38).
(19) Auto repair/body shop-[35].
(20) Truck sales/service repair-[39).
(21) Farm implements sales and service-[39].
(22) Auto parts/supply-[17].
(23) Mobile home sales-[40].
(24) Motorcycle sales and service-[41].
(25) Boat sales and service-[40).
(26) Recreational vehicles sales and service-[38].
(27) Vehicle rental-[47].
(28) Upholstery shop-[42].
(29) Contractor shop/yazd-[33].
(30) Wholesale sales/distributor-[29].
(31) Freight transfer facilities-[44].
(32) Fuel/ice dealers and manufacturing-[33].
(33) Agricultural supply sales-[19].
(34) Processing or assembly-[33].
(35) Tool, die and pattern-making-[33].
(36) Miniwarehousing-[47].
(37) Engine/motor sales, service and repair-[19].
(38) Refrigeration equipment and supply, sales and service-[19].
(39) Landscaping services (not including retail sales as primary use)-[29].
(40) Welding services-[29].
(41) Animal hospitaUclinic-[23J.
(42) Kennel-[23].
[ ]Parking group -See Section 4-2 of this Ordinance.
(C) Accessory uses. The following uses shall be permitted as accessory uses as provided in
Section 4 of this Ordinance:
(1) Any use customarily incidental and subordinate to the principal use it serves.
(D) Conditional uses. The following conditional uses are permitted in the CS District, subject to
the provisions of Section 5 of this Ordinance and are the minimum requirements for
application to the Boazd of Adjustment for a conditional use permit:
(1) (Reserved)
(E) Tempor°ary uses. The following uses shall be permitted as temporary uses in the CS District:
(1) (Reserved)
(F) Bulk regulations.
Front yard setback: 20 feet
Side yard setback: 0 feet*
Rear yard setback: 0 percent lot depth*
Building height: 40 feet
*Except where abutting a residential or office residential district, then six foot (6') side yard
and twenty percent (20%) lot depth rear yard setbacks required.
(G) Parking requirements. See Section 4-2 of this Ordinance.
(H) Signs. See Section 4-3 of this Ordinance.
Prepared by: Laura Carstens, Citv Planner Address: City Hall. 50 W. 13th St Telephone: 589-4210
Return to: Jeanne Schneider, Citv Clerk Address: City Hall- 50 W. 13 St Telephone: 589-4121
ORDINANCE NO. 47-07
AN ORDINANCE AMENDING SECTIONS 3-3.6(B) AND 3-3.6(D) OF THE CITY
OF DUBUQUE CODE OF ORDINANCES BY ADDING INDOOR RECREATION
FACILITIES AS A PERMITTED USE AND OUTDOOR RECREATION AS
CONDITIONAL USE IN THE CS COMMERCIAL SERVICE AND WHOLESALE
DISTRICT.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That Section 3-3.6(B) of the City of Dubuque Code of Ordinances is
hereby amended as follows:
43) Indoor Recreation Facilities - [37]
Section 2. That Section 3-3.6(D) of the City of Dubuque Code of Ordinances
is hereby amended as follows:
(1) (~^,~e~) Outdoor Recreation provided that:
(a) Hours of operation shall be limited, 8:00 a.m. to
12:00 midnight, unless further limited by the
Zoning Board of Adjustment.
(b) That wall-mounted and pole mounted light
fixtures utilize 90-degree cut-off luminaries.
(c) That the Zoning Board of Adjustment establish
screening requirements for adjacent property, if
necessary.
(d) That the parking group requirements can be met
[37].
Section 3. 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.
Passed, approved and adopted this 17th day of September 2007.
Roy D. Bu ,Mayor
Attest:
Jeanne F. Schneider, City Clerk