Request for Text Amendment Title 16 - Public and Private Park in Downtown/Central Business Districts Copyright 2014
City of Dubuque Public Hearings # 2.
ITEM TITLE: Request for Text Amendment Title 16 - Public and Private
Parks as Permitted Uses in Downtown Commercial and
Central Business Districts
SUMMARY: Proof of publication on notice of public hearing to consider
a request by the City of Dubuque for an Amendment to the
C4 Downtown Commercial and C-5 Central Business
Districts to allow Public and Private parks as a permitted
use and the Zoning Advisory Commission recommending
approval.
ORDINANCE Amending Title 16 of the City of Dubuque
Code of Ordinances, Unified Development Code, by
amending Articles 16-5-14.1(C-4)and 16-5-15.1(C-5)to
Establish Private and Public Parks as a Permitted Use in
Each District
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion
A
ATTACHMENTS:
Description Type
ZAC letter Staff Memo
Staff Materials Supporting Documentation
Ordinance Ordinance
Suggested Motion Supporting Documentation
Proof of Publication Supporting Documentation
Planning Services Department Dubuque
City Hall bgft �i THE CITYOF
50 West 13th Street �' �T T�
Dubuque,IA 52001-4864 i��lI r U
QTE
(563)589-4210 phone
(563)589-4221 fax mm-m,z.mn Masterpiece on the Mississippi
(563)690-6678 TDD
planning@cityofdubug ue.org
August 8, 2016
The Honorable Mayor and City Council Members
City of Dubuque
City Hall — 50 W. 13th Street
DubuquelA 52001
Applicant: City of Dubuque
Description: Amendment to the C-4 Downtown Commercial and C-5 Central Business
Districts to allow public and private parks as a permitted use.
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, representing the City of Dubuque, reviewed the proposed
text amendment to add public and private parks to the list of permitted uses in the C-4
and C-5 Districts. Staff noted parks are currently allowed in all residential districts as
well as the C-2 and C-3 Commercial Districts. Staff explained the issue came to light
when a local property owner discussed with the City the idea of developing a pocket
park in the downtown area.
There were no public comments.
The Zoning Advisory Commission discussed the request and found it appropriate.
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 request.
Respectfully submitted,
Thomas Henschel, Chairperson
Zoning Advisory Commission
Attachments
Service People Integrity Responsibility Innovation Teamwork
THscrivoF City of Dubuque
DT 70 r T� Planning Services Department
lJ LJ lJ Dubuque, IA 52001-4805 j
Masterpiece on the Mississippi
Phone: 563-589-4210
Fax: 563-589-4221
alanning(a citvofdubuque.om
PLANNING APPLICATION FORM
❑Variance ❑Preliminary Plat ❑Simple Subdivision ❑Certificate of Appropriateness
❑Conditional Use Permit ❑Major Final Plat XText Amendment ❑Advisory Design Review(Public Projects)
❑Appeal ❑Minor Final Plat ❑Temporary Use Permit ❑Certificate of Economic Non-Viability,
❑Special Exception ❑Simple Site Plan ❑Annexation ❑Historic Designation choose one
❑Limited Setback Waiver ❑Minor Site Plan ❑Historic Revolving Loan ❑Demolition
❑Rezoning/PUD/ID ❑Major Site Plan ❑Historic Housing Grant ❑Port of Dubuque Design Review
Please type or print legibly in in
Property owner(s): N/A Phone:
Address: City: State: Zip:
Fax#: Cell #: E-mail:
Applicant/Agent: Michael C. Van Milligen, City Manager Phone: 563-589-4110
Address:50 W. 13th Street City: Dubuque State: IA Zip:52001
Fax#:563-589-4149 Cell #: E-mail: ctymgr@eityofdubuque.org
Site location/address: NSA Neighborhood Association: N/A
Existing zoning: N/A Proposed zoning: N/A District: N/A Landmark: ❑Yes M No
Legal Description (Sidwell parcel ID#or lot number/block number/subdivision): NSA
Total property(lot)area (square feet or acres): NSA
Describe proposal and reason necessary (attach a letter of explanation, if needed):Text amendment to allow public and
parks as a permitted use in the C-4 Downtown Commercial District and C-5 Central Business District to reflect
existing built environment; e.g., Washington Park.
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): N/A Date: N/A
Applicant/Agent: Date: -7 b
I
FOR OFFICE USE ONLY-APPLICATION SUBMITTAL CHECKLIST
Fee: n/a Received by: L. Carstens Date: 7/1/16 Docket: n/'a
THE CITY OF Dubuque
DuB E
Masterpiece on the Mississippi zom•xmx•zou
TO: Zoning Advisory Commission
FROM: Kyle L. Kritz, Associate Planner
SUBJECT: Text Amendment to the C-4 Downtown Commercial District and C-5
Central Business District to allow public and private parks as a
permitted use.
DATE: July 20, 2016
INTRODUCTION
This memorandum transmits an ordinance to amend the C-4 Downtown Commercial
District and C-5 Central Business District to allow public and private parks as a
permitted use. Planning staff became aware that the two commercial districts in the
downtown area do not allow for parks when working with a local property owner to
develop a pocket park in downtown Dubuque.
DISCUSSION
Public or private parks are currently allowed in all residential districts, the C-2
Neighborhood Shopping Center District, the C-3 General Commercial District and the
CR Commercial Recreation District.
Planning staff was contacted by a local downtown property owner about being able to
put in a pocket park within the C-5 Central Business District. At that point, Planning
staff found that public or private parks are not allowed in either the C-4 Downtown
Commercial or the C-5 Central Business Districts. Planning staff would note however
that Washington Park is currently within the C-5 Central Business District and was
established long before the City's first zoning ordinance was adopted in 1934.
Planning staff recognizes that the inclusion of public and private parks in the C-4 and C-
5 Districts will not be widely applied within the areas zoned for C-4 and C-5, but that
small urban "pocket parks' could be utilized in several areas in the community in the
future. Planning staff does not believe that the inclusion of public and private parks in
these two zoning districts would significantly reduce the available land for commercial
development within these districts.
RECOMMENDATION
Planning staff recommends the Zoning Advisory Commission review the information in
this memorandum and make a recommendation to the City Council to include public
and private parks in the C-4 Downtown Commercial and C-5 Central Business Districts.
f:\users\mrettenb\wp\commissions\zac\parks in c-4 &c-5 zoning districts zac memo.doc
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. 41-16
AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF
ORDINANCES, UNIFIED DEVELOPMENT CODE, BY AMENDING ARTICLES 16-5-
14.1(C-4) AND 16-5-15.1(C-5) TO ESTABLISH PRIVATE AND PUBLIC PARKS AS A
PERMITTED USE IN EACH DISTRICT
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY. OF
DUBUQUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified
Development Code Articles 16-5-14.1(C-4) and 16-5-15.1 (C-5) are hereby amended as
follows:
5-14.1 and 5-15.1
Public or private park or similar natural recreation area.
Section 2. The foregoing amendment has heretofore been reviewed by the
Zoning Advisory Commission of the City of Dubuque, Iowa.
Section 3. This ordinance shall take effect immediately upon publication, as
provided by law.
Passed, approved and adopted this 15th day of August, 2016.
Roy D. Buol`Mayor
Attest:
Trish L. Gleason, Assistant City Clerk
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
'1
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation,publisher jl
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: August 05, 2016, and for which the charge is $21.53.
CITY OF DUBUQUE,
dOWA
OFFICIAL NOTICE
NOTICE IS HEREBY"
GIVEN that the`Dubu
que'City Counoil will
conduct a public hear-
ing,at a meeting to
commence at 6`.00 p.m.
on August 15, 2016, in,
the Historic Federal
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, Building Council Cham-
bers (second floor),
350 West 6th Street,on
this day of , 20 01 /�. the founwing:,
Rezotgirigs
Request by Dubuque
PONY League / Greg
Yoko to rezoneapproxi',
imately' thirty (30)
acres located on Derby
Grange Road(Parcel# ,
1008451003 &
1008451005) from R-2
Notary Public in and for Dubuque County, Iowa. Two-Family Residential
and C-3 General.Com- .
mercial-Districts to CR
Commgrc4
�ali ,
' creation
Distrlc�t.
Text Amendment
Request by City of Du-
M�"?`ss, MAREYER buque for an Amend-
=W Com64885 ment to the C-4 Down-
COMMIS Commercial and
My C '`201 C-5 Central Business
Districts to allow Pub-
lic and Private parks as I
a permitted use.
Written comments re-
garding the above pub='
lib hearings may be
submitted to the City'
Clerk's: Office, 50 W.
13th St'., Dubuque, IA
52,001 on or before"said
time of public Dearing._
At said time and place
of public hearings ail'
interested citizens and l
parties will be given an
opportunity to be
heard for. or;against
said actions.
Copies of supporting
documents for the pub-
lic hearings are on file
in the City Clerk's'Of
fic,e and 'may be
viewed"during regular
working hours.
Any visual or hearing',,
impaired persons
needing special;assis
tante or persons with
special> accessibility"
needs should contact
the City Clerk's Office
at (563) 589-4100 or
TTY (563) 690-6678 at>
least 48 hours prior to:
the meeting. "
Kevin S.Firnstahl,
CMC,City Clerk
It 8/5,
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: August 19, 2016, and for which the charge is $13.08.
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this day of Q -� , 20 / .
Notary Public in and for Du
uque County, Iowa.
Gommisslon dumber 154
OFFICIAL
PUBLICATION
ORDINANCE NO. 41-16
AN ORDINANCE
AMENDING TITLE 16
OF THE CITY OF DU-
BUQUE CODE OF OR-
DINANCES, UNIFIED
DEVELOPMENT
CODE, BY AMENDING
ARTICLES 16-5-
14.1(C-4) AND 16-5-
15.1(C-5) TO ESTAB-
LISH PRIVATE AND
PUBLIC PARKS AS A
PERMITTED USE IN
EACH DISTRICT
NOW, THEREFORE, BE
W IT ORDAINED BY THE
▪ CITY COUNCIL OF THE
- CITY OF DUBUQUE, 10 -
WA:
A Section 1. That Title
▪ 16 of the City of Dubu-
que Code of Ordinan-
ces, Unified Develop-
ment Code Articles
evelop-ment,Code'Articles 16-
5-14.1(C-4) and 16-5-
15.1 (C-5) are hereby
amended as follows:
5-14.1 and 5-15.1
Public or private
park or similar natu- 'I
ral recreation area.
Section 2. The forego-
ing amendment'., has
- heretofore been re
viewed k„ the: Zoning
Advisory Commission
of the City of Dubuque,
Iowa.
Section 3. This ordi-
nance shall take effect
immediately upon pub-
lication, as provided by
law.
Passed, approved and
adopted this 15th day
of August, 2016.
/s/ Roy D. Buol, Mayor
Attest:
'/s/Trish L. Gleason,
Assistant City Clerk
Published officially in
the Telegraph Herald
newspaper on the 19th
day of August, 2016.
/s/Trish L. Gleason
Assistant City Clerk
1t'8/19