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Rezone the Northwest Corner of the Intersection of Southwest Arterial and Tamarack Drive_HearingCity of Dubuque City Council Meeting Public Hearings # 2. Copyrighted January 18, 2022 ITEM TITLE: Request to rezone the Northwest Corner of the Intersection of Southwest Arterial and Tamarack Drive SUMMARY: Proof of publication on notice of public hearing to consider City Council approval of a request from the City of Dubuque to rezone property located at the Northwest Corner of the I ntersection of Southwest Arterial and Tamarack Drive from AG Agricultural to PI Planned Industrial designated for the Dubuque Industrial Center Crossroads, and Zoning Advisory Commission recommending approval. ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located North of Tamarack Drive and West of the Southwest Arterial from AG Agricultural District to PI Planned Industrial Designation for the Dubuque Industrial Center Crossroads SUGGESTED Suggested Disposition: Receive and File; Motion B; Motion DISPOSITION: ATTACHMENTS: Description Type Staff Memo Staff Memo Ordinance Exhibit A - Conceptual Development Plan Application Staff Report Vicinity Map PowerPoint Presentation Public Input -Uploaded 1.18.22 Ordinance Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation Planning 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 CF DIUj___B E Masterpiece on the Mississippi The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 13th Street Dubuque IA 52001 Dubuque �II•Aneiiq ®q wnxuE nr.ic II 2007,2012.2013 2017*2019 January 9, 2022 Applicant: City of Dubuque Location: NW Corner of the Intersection of Southwest Arterial and Tamarack Drive Description: To rezone property from AG Agricultural to PI Planned Industrial designated for the Dubuque Industrial Center Crossroads 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 Planning Services Manager Wally Wernimont presented a PowerPoint about the planned unit development outlining the proposed rezoning, annexation, development review process, conceptual development plan and compliance with the Imagine Dubuque Comprehensive Plan. He noted that a virtual public informational meeting was held on December 28, 2021 allowing neighboring property owners to learn about the proposed development and to provide the opportunity to voice their concerns. He stated the rezoning to a planned unit development would allow for a more detailed plan to be created and that the site would go through the development review process where traffic, stormwater, access, and development standards would be addressed. He explained the submitted conceptual development plan would guide any future development and any significant changes or deviation from the conceptual plan would come back before the Commission and City Council for review. There were three public comments. A property owner who resides adjacent to the industrial park cited concerns about proximity of industrial property to residential property, erosion issues, potential industrial noise and smells, increased traffic and the potential for cut through from Military Road to the Southwest Arterial. Two individuals, representing companies in the Tamarack Business, cited concerns over increase traffic, traffic safety and impacts to the intersection of the Southwest Arterial and Tamarack Drive. Service People Integrity Responsibility Innovation Teamwork The Honorable Mayor and City Council Members Page 2 The Zoning Advisory Commission discussed the request, noting that the required additional review of the development and traffic would address most of the concerns brought forth by the public. Recommendation By a vote of 5 to 0, the Zoning Advisory Commission recommends that the City Council approves the request. A simple majority vote is needed for the City Council to approve the request. Respectfully submitted, Matt Mulligan, Chairpefso Zoning Advisory Com ' ' sion Attachments Service People Integrity Responsibility Innovation Teamwork Prepared by: Wally Wernimont, City Planner Address:City Hall, 50 W. 13th St Telephone: 563-589-4210 Return to: Adrienne Breitfelder, City Clerk Address: City Hall- 50 W. 131h St Telephone: 563-589-4121 ORDINANCE NO. 2-22 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED NORTH OF TAMARACK DRIVE AND WEST OF THE SOUTHWEST ARTERIAL FROM AG AGRICULTURAL DISTRICT TO PI PLANNED INDUSTRIAL DESIGNATION FOR THE DUBUQUE INDUSTRIAL CENTER CROSSROADS 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, is hereby amended by reclassifying the hereinafter described property from AG Agricultural District to PUD Planned Unit Development District with a PI Planned Industrial designation and adopting a conceptual development plan, a copy of which is attached to and made a part hereof, for the Dubuque Industrial Center Crossroads as stated below, to wit: Lot 2 of Wertzberger Acres No. 3, in Table Mound Township, Dubuque County, Iowa, according to the recorded Plat thereof; and The Southwest 1/4 of the Northeast 1/4, Lot 1 of the Northwest 1/4 of the Northeast 1/4, Lot 1 of Lot 1 of the Northeast 1/4 of the Northeast 1/4, and Lot 2 of the Southeast 114 of the Northeast 1/4, in Section 14, Township 88 North, Range 2 East of the 5th P.M., in Dubuque County, Iowa, according to United States Government Survey and the recorded Plats thereof, excepting therefrom that land acquired for highway right of way by the Iowa Department of Transportation known as Lot A of Lot 1 of the Northwest 1/4 of the Northeast 114 and of Lot 1 of Lot 1 of the Northeast 1/4 of the Northeast 1/4 and of Lot 2 of the Southeast 1/4 of the Northeast 1/4, all in Section 14, Township 88 North, Range 2 East of the 5th P.M., County of Dubuque, State of Iowa, containing 11.95 acres and as shown and described in the Warranty Deed filed as Instrument Number 2010-00003964 in the Dubuque County Recorder's Office, and excepting therefrom that land acquired for highway right of way by the Iowa Department of Transportation known as Lot B of Lot 1 of Lot 1 of the Northeast 1/4 of the Northeast 1/4 and of Lot 2 of the Southeast 1/4 of the Northeast 1/4, all in Section 14, Township 88 North, Range 2 East of the 5th P.M., County of Dubuque, State of Iowa, containing 0.62 acres and as shown and described in the Warranty Deed filed as Instrument Number 2011-00011776 in the Dubuque County Recorder's Office, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa Section 2. Attached hereto and made a part of this zoning reclassification approval is the Conceptual Development Plan for the Dubuque Industrial Center Crossroads Planned Unit Development marked Exhibit A. It is recognized that minor shifts or modifications to the general plan layout may be necessary and compatible with the need to acquire workable street patterns, grades, and usable building sites. The general plan layout, including the relationship of land uses to the general plan framework and the development requirements shall be used as the implementation guide. A) Definitions 1) Building -related Features Building -related features are defined as all construction items which rise above the grade surface of the lot. These include: a) The primary building. b) All accessory or secondary buildings. c) All exterior storage areas. d) Exterior refuse collection areas. e) Exterior mechanical equipment. f) Containerized or tank storage of liquids, fuels, gases and other materials. 2) Vehicle -related Features Vehicle -related features are defined as all areas used for the movement and parking of all vehicles within the lot. These include: a) Employee and visitor parking spaces. b) Driveways from the street right-of-way line to and from parking spaces. c) Loading spaces outside of the building. d) Maneuvering spaces outside the building. e) Parking spaces for company -owned commercial vehicles. f) Fire lanes. g) Railroad tracks. 3) Open Space Features Open space features are defined as those exterior areas and developed features of the lot which include: a) Landscape space containing lawn areas and plantings. b) Paved hard -surfaced pedestrian areas such as walkways, plazas, entryways, and courtyards. c) Storm water management facilities not otherwise used for building -related or vehicle -related purposes. d) Open recreation areas and recreational trails. e) Other non -building and non -vehicular related space. B. Use Regulations 1) Principal permitted uses shall be limited to: a) Railroad and public or quasi -public utilities. b) Corporate offices. c) Mail order houses. d) Printing and publishing. e) Laboratories for research and engineering. f) Moving/storage facilities. g) Wholesale sales/distributor. h) Freight transfer facilities. i) Fuel and ice dealers. j) Cold storage/locker plants. k) Packing and processing of meat, dairy or food products, not to include stockyards or slaughter houses. Compounding, processing and package of chemical products. m) Manufacture, assembly, repair or storage of electrical and electronic products, components or equipment. n) Warehousing and storage facilities, not to include mini - warehouses. o) Manufacturing, processing, fabrication, assembling, packaging or other comparable treatment of goods or materials. 2) Conditional uses shall be limited to the following: a) Day care center, within a primary office/industrial building or as an accessory structure on the same lot. Day care centers are subject to state regulations and requirements of Article 8-5-10, Licensed Child Care Center, of the Unified Development Code. 3) Accessory uses shall be limited to the following: a) Retail outlets within a primary office/industrial building, selling products produced on -site and only as accessory to the principal use. b) Any use customarily incidental and subordinate to the principal use it serves. 4) Temporary uses shall be limited to the following: Any use listed as a permitted use within the PUD District of a limited duration as established in Article 3-19 and as defined in Article 2-3 of the Unified Development Code. 5) The provision of off-street parking shall be regulated by Article 14 of the City of Dubuque's Unified Development Code. C. Lot Bulk Regulations Development of land shall be regulated as follows: 1) All building structures and activities shall be located in conformance with the attached conceptual development plan and all final site development plans shall be approved in accordance with provisions of this ordinance and Article 12 of the Unified Development Code. 2) All building -related features shall be in accordance with the following bulk regulations chart: a) Lots smaller than minimum will be allowed if the parcel is consolidated or combined with a larger lot. Substations for public and quasi -public utilities shall be exempt from lot frontage and lot area requirements. b) Maximum lot coverage shall be 80 percent. All building and vehicle related features shall be considered when calculating total land area coverage, except fire lanes and railroad tracks. c) Maximum building height shall be as stipulated in the bulk regulations chart above, except the following may exceed the height limit: cooling towers, condensers, elevator bulkheads, stacks and other necessary mechanical equipment and their protective housing. Heating, ventilating and air conditioning (HVAC) equipment is limited to 10 feet above height limitation. d) Within required front, side and rear setbacks, only driveways, fire lanes, railroad tracks, open space features and primary and secondary signage are allowed. Parking lots may encroach up to 50% into the required front yard setback. D. Parking and Loading Regulations 1) All vehicle -related features, except for railroad tracks, shall be surfaced with either asphalt or concrete. 2) All parking and loading spaces shall be delineated on the surfacing material by painted stripes or other permanent means. L 3) The number, size and design of parking spaces shall be governed by applicable provisions in Articles 13 and 14 of the City of Dubuque Unified Development Code. 4) The number, size and design and location of parking spaces designated for persons with disabilities shall be according to the local, state or federal requirements in effect at the time of development. 5) The location and number of private driveway intersections with public streets shall be reviewed and approved by the City Engineer. 6) No on -street maneuvering of delivery vehicles will be allowed on any street. Lots shall provide all necessary maneuvering space for delivery vehicles within the boundaries of the lots. 7) All loading docks for shipping and receiving raw and manufactured goods shall be designed to provide for the direct movement of goods between the delivery vehicle and the interior of the building. Exterior Storage Regulations Exterior storage shall be in accordance with the following regulations: 1) Exterior storage of materials, which could be blown into the air or strewn about by the wind, shall be prohibited. 2) Exterior storage, where allowed, shall not encroach into a front yard. A front yard may exceed the required front yard setback. 3) The ground area coverage of exterior storage areas shall be the area contained inside the required screening. This area shall be considered to be a building -related feature for purposes of calculating total land area coverage. 4) Exterior storage must be screened from view from adjacent public right- of-way. 5) The screening height shall be measured from the ground level outside the line of the screen. Screens built on sloping grades shall be stepped so that their top line shall be horizontal. 6) Required screening is intended to buffer surrounding property from the negative visual impact created by the storage of raw or finished goods, materials and equipment that can adversely impact the value of adjacent property. 7) The City Planner may grant a waiver for screening to exceed the maximum height allowed, when topography or height of individual finished products or equipment could make it impossible to completely screen a storage area from every vantage point. The City Planner may not grant waiver in maximum screening height for raw materials or stacked goods. 8) All exterior entrances to a screened storage area shall be provided with a gate or door of similar design to that of the screen. 9) Long-term storage of products or materials in semi -trailers or shipping containers is prohibited. F. Exterior Trash Collection Area Requirements 1) Exterior trash collection areas shall include collection bins, dumpsters, and similar waste receptacles for the short-term storage and collection of trash. Trash shall include garbage, scrap, recyclables, debris and similar materials. 2) The storage of trash shall be limited to that produced by the principal permitted use and accessory uses of the lot. Exterior storage of trash, which could be blown into the air or strewn about by the wind, shall be prohibited. 3) The ground area coverage of exterior trash collection areas shall be the area contained inside the required screening. This area shall be considered a building -related feature for purposes of calculating total land area coverages. 4) Exterior trash collection areas shall be located in rear or side yards only. Exterior trash collection areas shall not encroach into a front yard. A front yard may exceed the required front yard setback. 5) All exterior trash collection areas and the materials contained therein shall be screened from view from the adjacent public right-of-way. 6) The screening shall be a completely opaque fence, wall or other feature not exceeding a height of 10 feet measured from the ground level outside the line of the screen. Screens built on sloping grades shall be stepped so that their top line shall be horizontal. 7) Exposed materials used to construct the opaque screen shall be similar in appearance to materials used for exterior building walls. All exterior entrances to a screened trash area shall be provided with a gate or door of similar design to that of the screen. 8) If a 10-foot high screen fails to shield the exterior trash collection area from view from the adjacent public right-of-way, evergreen plantings may be required in addition to the screening. Evergreen plant materials shall be selected and designed so that they will screen the area from the adjacent public right-of-way within five (5) years. G. Landscaping Regulations The following landscape regulations shall apply to each lot: 1) Plant Materials: The open space area of each lot shall be planted with permanent lawn and ground covers, shrubs and trees. It is the intent of these regulations that the development of required open spaces shall reflect a high quality of environmental design. 2) Landscaping: The following is the minimum requirement of trees and shrubs, by number and size, and the type of ground cover required. Street trees planted in public street right-of-way shall not be counted toward fulfillment of the minimum site requirements set forth below. Plant species to be used for landscaping shall be in accordance with the City of Dubuque Street Tree Policy. Existing trees and shrubs to be retained on -site may be counted toward fulfillment of the landscaping requirements. a) Minimum tree planting requirements for any new development in the Dubuque Industrial Center Crossroads shall be one (1) tree of the following size per 1,600 square feet of required open space: 40% minimum: 2-2 1/2" caliper diameter deciduous and/or 8-foot height or greater evergreen. Balance: 1 '/z - 2" caliper diameter deciduous and/or 6-foot height evergreen. b) Minimum shrub requirements at the time of planting for any development in the PUD District shall be 6 shrubs, or 1 shrub per 1,000 square feet of required open space, whichever is greater. Shrubs shall be a minimum of 18" height or minimum of one (1) gallon potted. 3) Landscape berms and/or plantings shall be required as screening for parking areas adjacent to public streets and shall be a minimum of three (3) feet in height and can utilize natural grade changes to achieve the required 50% opacity landscaping screen. Parking lot screening is in addition to required landscaping of open space areas. 4) Trees shall be provided in all parking lot islands, which are of sufficient size to ensure the growth and survival of the trees. Trees planted in parking lot islands may be counted toward the minimum tree planting requirements. 5) The developer of any lot fronting public streets shall participate in the planting of trees. 6) The installation of required planting materials may be phased in direct proportion to the phasing of building construction. Required landscaping shall be installed by the date the Construction & Inspections Division issues an occupancy certificate, or if winter weather prevents planting, within six months of being issued an occupancy certificate. 7) The lot owner is required to replant any and all plant materials which have died due to any cause during the effective period of this PUD Ordinance. 8) A detailed landscape plan shall be required as part of submittal for final site development plan approval. 9) The area between the public street and the right-of-way line shall be planted with grass and maintained by the lot owner. H. Sign Regulations 1) Applicability of City of Dubuque Ordinances: The provisions of the City of Dubuque Unified Development Code Article 15 Signs shall apply unless further regulated by this section. 2) Off -Premise Signs: Off -premise signs shall be prohibited. 3) On -Premise Signs: On -premise signs shall be erected or constructed in accordance with the following regulations: a) Allowable content: signs, messages, and graphics shall be limited to the following contents: 1) Industrial Center signs: limited to identification of Dubuque Industrial Center Crossroads. ■ Entrance signs • Directory signs 2) Company primary signs: ■ Identification of company name • Identification of company products or services • Graphic symbol or logo identified with the company 3) Secondary signs: • Street address. ■ Directional messages necessary for the safe and efficient flow of vehicular and pedestrian traffic on the lot. • Identification of visitor entrances to the building, shipping and receiving docks and other delivery points. ■ Identification of assigned parking spaces and parking spaces accessible to persons with disabilities. • Temporary announcements of pending or new construction. • Commemorative messages. a) Schedule of sign regulations: Allowable structure type, size, number and height shall be limited to the following requirements: Industrial Center 1200 square feet per I Three (3) signs I Monument 112 feet Industrial Center 130 square feet per I Three (3) signs I Monument 18 feet Company 10% of building wall 2 signs per street Wall- Below Primary Signs sign is mounted on or frontage per business mounted eave or 400 total square feet parapet of sign area, 150 square feet per sign face 1 sign per business restricted to interior street frontages onl,. Monument 1 10 feet TypeolSign I Maximum size Maximum Number.. Secondary signs 6 square feet per No maximum number Wall- 10 feet sign face mounted Monument 6 feet `The height of the monument -style signs shall be measured from average grade to top of sign structures. b) Variances: Variances from sign requirements for size, number and height may be requested. Such variances shall be reviewed by the Zoning Board of Adjustment in accordance with Article 8-6 of the Unified Development Code. c) Lighting: Signs may be illuminated only by means of indirect lighting, whereby all light sources and devices are shielded from view by opaque or translucent materials, or internally illuminated by means of a light source completely enclosed by the sign panel. d) Motion: No signs may include any device or means, mechanical, electrical or natural, which shall cause any motion of the sign panel or any part thereof. No flashing lights or changing colors shall be allowed. Maintenance Assessments 1) The City will cause the construction of such improvements as the City deems appropriate in the Public Areas of this PUD District shown on the Exhibit A. Maintenance and repair of the Public Areas and its improvements is the responsibility of the City with fifty percent (50%) of costs of such maintenance and repair assessed to and paid by the owners of property in this PUD District. Private connections to the Public Areas and the subsequent maintenance and repair of such private connections are the responsibility of each owner and may not be constructed without the prior written approval of the City. 2) The City will assess against the properties in this PUD District in each assessment year an annual assessment for the purpose of paying fifty percent (50%) of the actual costs of the City's maintenance and repair of the Public Areas and the actual costs associated with maintaining and lighting the park entrance signs. Said assessment may also include the establishment of a capital improvements reserve fund for such purposes. Upon establishment of such assessment levy, the owner of each lot must pay to the City a pro rata share (as hereinafter defined) of such assessment. The owner waives any and all rights to further notice, to object to the assessments, the amount of the assessments, the procedure for certifying the assessments or to any other rights the owner would have as provided in Iowa Code Chapter 364 and Chapter 384 and that the schedule of assessments may be certified by the City to the Dubuque County Treasurer for collection in the same manner as provided in Iowa Code Chapter 364 and Chapter 384. 3) If such pro rata share is not paid within thirty (30) days after its due date, the owner agrees that that amount of such pro rata share will become a lien upon the lot obligated to pay the same and will bear interest from the due date at the highest legal contract rate applicable to a natural person. The owner further agrees that the City may bring an action at law against any owner obligated to pay the same, or foreclose the lien against the lot. The owner agrees that the owner is also obligated to reimburse the City for the City's costs and reasonable attorney's fees of any collection efforts. The owner agrees that the owner may not waive or otherwise avoid liability for an assessment provided herein by non-use of the Public Areas or abandonment of a lot. 4) An owner's pro rata share is equal to a fraction, the numerator of which is the gross square feet area of the lot or lots owned by the owner and the denominator of which is the gross square feet area of all lots in this PUD District exclusive of the Public Areas and public rights -of -way. J. Performance Standards The development and maintenance of uses in this PUD District shall be established in conformance with the following standards 1) Platting: The conceptual development plan shall serve as the preliminary plat for this PUD District. Subdivision plats and improvement plans shall be submitted in accordance with Article 11. Land Subdivision, of the City of Dubuque Unified Development Code. 2) Site Plans: Final site development plans shall be submitted in accordance with Article 12 Site Plans and Article 13 Site Design Standards prior to construction of each building and vehicle -related feature unless otherwise exempted by Article 12. 3) Storm Water Conveyance: The developer of each lot shall be responsible for providing surface or subsurface conveyance(s) of storm water from the lot to existing storm sewers or to flow line of open drainage ways outside the lot in a means that is satisfactory to the Engineering Department of the City of Dubuque. Other applicable regulations enforced by the City of Dubuque relative to storm water management and drainage shall apply to properties in the PUD District. 4) Noises: Noises generated within the PUD District shall be regulated by Chapter 6-5, Noises, of the City of Dubuque Code of Ordinances. 5) Phased construction of buildings and parking spaces: The construction of off-street parking spaces may be phased in proportion to the percentage of total building floor area constructed at any one time. Ground area set aside for future parking, loading spaces or driveways or for parking provided in excess of the minimum required number of parking spaces shall not reduce the minimum required area for open space. 6) Other Codes and Regulations: These regulations do not relieve an owner from other applicable City, County, State or Federal Codes, regulations, laws and other controls relative to the planning, construction, operation and management of property in the PUD District. K. Transfer of Ownership Transfer of ownership or lease of property in this PUD District shall include in the transfer or lease agreement a provision that the purchaser or lessee acknowledges awareness of the conditions authorizing the establishment of the district. L. Modifications Any modifications of this Ordinance must be approved by the City Council in accordance with zoning reclassification proceedings of Article 9-5 of the Unified Development Code. M. Recording A copy of this ordinance shall be recorded at the expense of the property owner(s) with the Dubuque County Recorder a permanent record of the conditions accepted as part of this reclassification approval within ten (10) days after the adoption of this ordinance. This ordinance shall be binding upon the undersigned and his/her heirs, successors and assigns. 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 upon publication as provided by law. Passed, approved and adopted this 18th day of January 2022. Brad M. Cav g , Mayor Attest: N. MZ Adrienne Breitfelder, City Clerk �.1 I r NORTH HORIZONTAL SCALE IN FEET I I l n0 200 400 \ I I DRAWING MAY HAVE BEEN REDUCED 820 1 \ I I I 830 A 8 �4 -8oI 1 g0 I \ \ \ \ - 16" WM 735' U1 Ww 0 \ \ - 0000o0 \ 0-)001-- (-O LC) d- 00 00 00 0000 00 . I 1 N \ \ 620 \ 00 00000 000000 0000 0 00�� 1 BO- 0 PHASE 1 950� 00 809 J N PAD 3 I N r l_ 00 100-) -� - — 00 \ DEVELOPABLE 850 00 00 00 o • 8��� ' ����� o o 40 640 I \ ® PHASE 3 - 2 WM 12" X I GAS CROSSING ' 980N 3633666.66 / ` j� \\ i \` E 5680048.52 \ 820 F PHASF 2 I I i Dubuque Industrial Center Crossroads Dubuque THE CITY OF All•AIAePIp 61ix DUB E 1 2007*2012.2013 Masterpiece on the Mississappa 2017*2019 0 51013 96 A YV i� A 7777 -- -- — yvfj - � '\ O \ \ \ 51 i ICI APPROX. LOCATION I o SANITARY MANHOLE - l r r i v 51 RIM 720 50 \\ , 5 006 � IL �f 0 • • 1 ori in design® WORKING ON TOMORROW. 800 556-4491 origindesign.com (J COPYRIGHT 2021 ALL RIGHTS RESERVED. THESE DOCUMENTS HAVE BEEN PREPARED SPECIFICALLY FOR THIS PROJECT ONLY. NO PART OF THIS DOCUMENT MAY BE REPRODUCED OR DISTRIBUTED IN ANY FORM Q WITHOUT THE PERMISSION OF ORIGIN DESIGN. ALL INFORMATIOPt IN THIS DOCUMENT IS CONSIDERED PROPERTY OF ORIGIN DESIGN. 00 0 66 N O N z N o QCD O N N N N O 0 o U I Q J w �LLJ 0� <o m� J O w � Ly a— i Q LU M N X w m Q w w U z m Z w O J Q U � w Q o U 0 w N Q L- 01� Z o U 0 o J_ U � > U O Cl) 0 U Q U co c � U) 0 U) C 0 c� o Q _ W L � � O a0i o � Sheet No: Project No- 21176 C:1 UIa� w >I 0f Dubuque THE Cr" OF I� DUN E 2007-2012.2013 2017*2019 Masterpiece on the Mississippi PLANNING APPLICATION FORM ❑Variance ❑Preliminary Plat ❑Conditional Use Permit ❑Major Final Plat ❑Appeal ❑Minor Final Plat ❑Special Exception ❑Simple Site Plan ❑Limited Setback Waiver ❑Minor Site Plan (]Rezoning/PUD/ID ❑Major Site Plan Please type or print legibly in ink Propertyowner(s):Clty of Dubuque --.50 W. 13th Street Fax Cell #: Applicant/Agent: Michael C. Van Milligen ❑Simple Subdivision ❑Text Amendment ❑Temporary Use Permit ❑Annexation ❑Historic Revolving Loan ❑Historic Housing Grant Dubuque 50 W. 13th Street ritv.Dubuque Fax #: Cell #: City of Dubuque Planning Services Department Dubuque, IA 52001-4845 Phone: 563-589-4210 Fax: 563-589-4221 DlanninQ(cbcltvofdubuque.org ❑Certificate of Appropriateness ❑Advisory Design Review (Public Projects) ❑Certificate of Economic Non -Viability ❑Historic Designation ❑Demolition ❑Port of Dubuque /Chaplain Schmitt Island Design Review 563-589-4110 IA . 52001 563-589-4110 IA „_ 52001 NW Corner of the SW Arterial and Tamarack Drive Site location/address: Neighborhood Association: NSA Existing zoning: AG Proposed zoning: PUD PI District: NSA Landmark: ❑ Yes N No Legal Description (Sidwell parcel ID# or lot number/block number/subdivision): See attached legal description & parcel #s Total 156.25 acres property (lot) area (square feet or acres): Describe proposal and reason necessary (attach a letter of explanation, if needed): To rezone property from AG Agriculture to PI Planned Industrial for the Dubuque Industrial Center Crossroads Industrial 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 en and graphic materials are attached. Property Owner(s): Date: Applicant/Agent: Date: FOR OFFICE USE ONLY Fee: NSA Received —APPLICAT SUBMI HECKLIST / b Date: �z�8 ag1ocket: LEGAL DESCRIPTION AND PARCELS # OF PROPERTY TO BE REZONED Lot 2 of Wertzberger Acres No. 3, in Table Mound Township, Dubuque County, Iowa, according to the recorded Plat thereof; and The Southwest 1/4 of the Northeast 1/4, Lot 1 of the Northwest 1/4 of the Northeast 1/4, Lot 1 of Lot 1 of the Northeast 1/4 of the Northeast 1/4, and Lot 2 of the Southeast 1/4 of the Northeast 1/4, in Section 14, Township 88 North, Range 2 East of the 5th P.M., in Dubuque County, Iowa, according to United States Government Survey and the recorded Plats thereof, excepting therefrom that land acquired for highway right of way by the Iowa Department of Transportation known as Lot A of Lot 1 of the Northwest 1/4 of the Northeast 1/4 and of Lot 1 of Lot 1 of the Northeast 1/4 of the Northeast 1/4 and of Lot 2 of the Southeast 1/4 of the Northeast 1/4, all in Section 14, Township 88 North, Range 2 East of the 5th P.M., County of Dubuque, State of Iowa, containing 11.95 acres and as shown and described in the Warranty Deed filed as Instrument Number 2010-00003964 in the Dubuque County Recorder's Office, and excepting therefrom that land acquired for highway right of way by the Iowa Department of Transportation known as Lot B of Lot 1 of Lot 1 of the Northeast 1/4 of the Northeast 1/4 and of Lot 2 of the Southeast 1/4 of the Northeast 1/4, all in Section 14, Township 88 North, Range 2 East of the 5th P.M., County of Dubuque, State of Iowa, containing 0.62 acres and as shown and described in the Warranty Deed filed as Instrument Number 2011-00011776 in the Dubuque County Recorder's Office Parcel Descriptions: 1514176005 72.39 Acres 1514201001 33.11 Acres 1514200006 40.00 Acres 1514226003 1.45 Acres 1514276003 9.30 Acres Total Acreage 156.25 Acres PLANNED DISTRICT STAFF REPORT Zoning Agenda: January 5, 2022 Project Name: Dubuque Industrial Center Crossroads Property Location: NW corner of Southwest Arterial and Tamarack Drive PIN: 1514176005, 1514201001, 1514200006, 1514226003, 1514276003 Applicant: City of Dubuque Proposed Land Use: Industrial Existing Land Use: Agricultural Adjacent Land Use: North — Timber, Agriculture, Residential East — Southwest Arterial/Agriculture South — Industrial/Agriculture West — Agriculture/Timber Flood Plain: N/A Proposed Zoning: PI - Planned Industrial Water: Extension in the near future as site develops. Existing Zoning: AG- Agricultural Adjacent Zoning: North — County A-1/R-2 East - County A-1/M-1 South — County M-1 West — County R-1 Total Area: 156.25 acres Sanitary Sewer: Extension in the near future as site develops. Storm Sewer: N/A Existing Street Access: Tamarack Frontage Road & 66' Wide Platted Stub Street off Katie Cove Future Street Access: Extension in the near future as site develops. Other Services: Police, Fire and Emergency Response. Previous Planned District: No. Purpose: The submitted rezoning request is to allow for development of the Dubuque Industrial Center Crossroads. Property History: The subject property has been used for agricultural purposes. In 2005, the city council approved a portion of the property to be preliminary platted for a 56-lot county residential subdivision known as Hill Estates. It has been 17 years since the preliminary plat was reviewed. The preliminary plat is not longer in effect since a final plat must be submitted within two years of the approval of the final plat. Planned District Staff Report- Dubuque Industrial Center South Page 2 Physical Characteristics: The subject property is comprised of five parcels totaling approximately 156.25-acres. The annexation territory is located west of the Southwest Arterial (SWA) and north of Tamarack Business Park. The property has rolling topography and stormwater sheds north and south from the site eventually flowing under the highway(s) into Granger Creek. The property is presently used for agricultural purposes (row crops). The SWA/US 151/61 interchange is located immediately east of the subject property. A high-pressure gas main extends through a portion of the property Imagine Dubuque Comprehensive Plan Recommendations: Industrial Attract large employment centers with access to infrastructure facilities. Ensure that such development does not disproportionately impact residential areas. Allow for appropriate expansion of existing industrial parks as identified on the Future Land Use Map. Explore additional industrial development opportunities near the Dubuque Regional Airport, particularly in the U.S. Highway 61 corridor. The comprehensive plan notes that expansion within and adjacent to existing industrial development is anticipated, along with potential selected new industrial locations within major roadway corridors like U.S. Highway 20, U.S. Highway 151, or the Southwest Arterial. Mixed -Use Create a vibrant environment where residents can live, work, and play within walking and biking distance of their home and opportunity sites throughout the community. Future Land Use Map — Industrial, Single -Family Residential and Open Space. Development Requirements: Streets: Tamarack Drive runs along the southern edge of the property and will provide access to the Dubuque Industrial Center Crossroads. In addition, interior cul-de-sac streets will be constructed in the future to assist in access to building pads. Katie Cove is private county residential street that borders along the edge of the development. Katie Cove provides access to a stub street into the subject property. As the Dubuque Industrial Center Crossroads is developed, access from Katie Cove will be evaluated. Sidewalks: Sidewalks will be provided as required by the Unified Development Code as development of the parcels are commenced. Parking: Off-street parking will be provided as per the City of Dubuque Unified Development Code. Planned District Staff Report- Dubuque Industrial Center South Page 3 Lighting: Cut-off luminaries shall be utilized throughout the Dubuque Industrial Center Crossroads Industrial Park. Signage: The attached PUD Ordinance for the Dubuque Industrial Center Crossroads regulates on -premise signage for the industrial park. The Zoning Board of Adjustment will have the ability to review sign variance requests pertaining to size, number and height. Off -Premise signs are not included in the proposed PUD consistent with previously approved PUDs for the Dubuque Industrial Parks. Bulk Regulations: The attached PUD Ordinance contains bulk standards that include frontage requirements and setbacks for front, rear and side yards. Maximum lot coverage for the building and paving in the industrial park will be 80 percent. While this figure may appear dense, the topography of the park creates significant open space. A series of stormwater detention basins will be constructed as part of the Industrial Park as well as the use of best management practices for storm water infiltration and extensive open space within the industrial park. Permeable Area (%) & Location (Open Space): The ultimate percentage of permeable area will not be known until build -out of the industrial park is complete. Landscaping/Screening: As each parcel is developed within the industrial park, landscaping will be required. Screening and landscaping requirements are stipulated in the attached PUD Ordinance. These regulations are the same as those adopted as part of the Dubuque Industrial Center West & South. Phasing of development: Three phases. Impact of Request on: Utilities: City water is available in Tamarack Business Park and with additional improvements can be extended to serve future development of the subject parcel. City sanitary sewer service will be stubbed across US HWY 151/61 to Tamarack Business Park and can be extended to provide service. The sewer main is adequate to serve a proposed development. Storm water will be handled through multiple storm water detention basins as well as the use of best management practices for promoting infiltration of storm water. Storm water will eventually drain to Granger Creek. There is a high-pressure gas main that extends through a portion of the property Traffic Patterns/Counts: Because the area is newly developed, there are no traffic counts available for the Southwest Arterial and Tamarack Drive. Tamarack Drive, Planned District Staff Report- Dubuque Industrial Center South Page 4 a 24-foot-wide paved street, provides access to Tamarack Business Park. Katie Cove is a 22-foot-wide paved, private county residential street that serves Wertzberger Acres Subdivision. Katie Cove provides access to a stub street into the subject property. Public Services: City of Dubuque Fire and Police Departments will serve the subject site. Refuse collection will be provided by private haulers. Environment: Staff does not anticipate any adverse impact to the environment provided that any future development of the property is in compliance with established City standards for storm water management and erosion control. Adjacent Properties: Tamarack Business Park lies directly to the south of the subject property and the Southwest Arterial/151/61 lie directly to the east of the subject property. The subject property directly abuts Wertzberger Acres, a residential subdivision comprised of 13 residential lots and two farmsteads. If developed for industrial or commercial uses, the Unified Development Code requires the property to be screen from the adjacent residential property. There will be increase in ambient light levels as new business and industries locate in the Dubuque Industrial Center Crossroads. CIP Investments: Future extension of city water, sanitary sewer, storm sewer and streets. Staff Analysis: The City of Dubuque is requesting rezoning of the subject property from AG Agricultural to PUD Planned Unit Development with a PI Planned Industrial designation. The proposed industrial park will be called the Dubuque Industrial Center Crossroads and encompasses 156.25 acres. The subject property lies at the northwest corner of the intersection of the Southwest Arterial and Tamarack Drive. The subject property is located immediately west of the U.S. HWY 151/61/SWA interchange. Tamarack frontage road, a 24-foot-wide paved public street, provides access from the interchange to the subject property. A stub street with a 66-foot wide right of way, provides access to the site from Katie Cove (private road). The Comprehensive Plan recommends: • Attracting large employment centers with access to infrastructure facilities. Ensure that such development does not disproportionately impact residential areas. • Allow for appropriate expansion of existing industrial parks as identified on the Future Land Use Map. • Explore additional industrial development opportunities near the Dubuque Planned District Staff Report- Dubuque Industrial Center South Page 5 Regional Airport, particularly in the U.S. Highway 61 corridor. The Plan also notes that expansion within and adjacent to existing industrial development is anticipated, along with potential selected new industrial locations within major roadway corridors like U.S. Highway 20, U.S. Highway 151, or the Southwest Arterial. In addition, the plan encourages mixed -use developments creating a vibrant environment where residents can live, work, and play within walking and biking distance of their home and opportunity sites throughout the community. The construction of the Southwest Arterial and its interchange with U.S. Highway 151/61 has been anticipated for several years. Planning staff anticipates that the area around the interchange will generate additional annexation & zoning requests and development in the coming years. The future development of the site requires subdivision and site plan reviews. These reviews will be conducted by city departments (Fire, Water, Engineering, Planning and Construction & Inspection Division) to ensure compliance with the Unified Development Code, Building and Fire Codes and SUDAS (Statewide Urban Design and Specifications). The attached Dubuque Industrial Center Crossroads Planned Unit Development ordinance contains bulk standards that include frontage requirements and setbacks for front, rear and side yards. Maximum lot coverage for the building and paving in the industrial park will be 80 percent. While this figure may appear dense, the topography of the park creates significant open space. A series of storm water detention basins will be constructed as part of the Industrial Park as well as the use of best management practices for storm water infiltration and extensive open space within the industrial park. The attached conceptual plan also serves as a preliminary plat. Subsequent final plats will be submitted to the City Council for approval as future parcels are subdivided and sold to new businesses. Planning staff recommends the Zoning Advisory Commission review Section 5-24.5 of the Unified Development Code which outlines plan approval standards for Planned Unit Development applications. Prepared Date: 12-28-2021 Dubuque THE C DUt�BE 1 1 1 F 2007.2012.2013 2017*2019 Masterpiece on the Mississippi Vicinity Map Applicant: City of Dubuque Location: NW corner of Southwest Arterial and Tamarack Drive Proposal: To rezone property from AG Agricultural to PI Planned Industrial designated for the Dubuque Industrial Center Crossroads. Subject Property N 0 250 500 1,000 Feet A 1:10,000 Proposed Rezoning of Former River City Development Property to create the Dubuque Industrial Center Crossroads City Council Meeting Tuesday January 18, 2022 Wally Wernimont Planning Services Manager What are we going to talk about.? ■ Location of property to be rezoned ■ Annexation History ■ Development Review Process ■ Industrial Park Development ■ Site Plan Review Process ■ Conceptual Development Plan ■ Traffic Study ■ Property Access ■ Questions •1NA RO Au hu;�ue 'I HE CITY OF 7I Vltr t4gR V �110 xoo-�w�axoi3 Ma, dw Nfisswl'Fr 2017-2019 Vicinity Map Applicant: City of Dubuque Location: NW corner of Southwest Arterial and Tamarack Drive Proposal: To rezone property from AG Agricultural to PI Planned Industrial designated for the Dubuque Industrial Center Crossroads. Subject Property N 0 250 504 1.000 Feet 1:1 0,440 ANNEXATION City Council approved annexation at the November 1,2021 meeting. Secretary of State has approved the annexation. 10 •l 11TITA I [• •l A : 10I010 0.6.... raas—DP- THF. FI3CF Gty Hl- T We Dubuqu, IA 520014535 y-qn i3)5@}42DT— E I1IIo1 P3)5@14221f- 5t eret Masterpiece on the Mississippi zoii��oi9 aaz.,a�a¢�ttv�a�w ,�E December 21, 2021 RESCHEDULED from December 15: for the safety of all wishing to participate the meeting was canceled due to weather conditions. RE: Information Meeting -Proposed Rezoning - River City Development Property Dear Property Owner, As you may be aware, on November 1, 2021, the City of Dubuque approved annexation ofthe River City Development LLC property adjacent to Katie Cove, Tamarack Drive and the Southwest Arterial. The property was annexed into the city wrath an agricultural zoning classification_ On January 5, 2022, The Zoning Advisory Commission will review request to rezone the property from AG Agriculture to PI Planned Industrial_ The City of Dubuque considers public input very important and prior to the public hearing, the City well hold an information meeting on the proposed rezoning (see map on rear ofthis page)_ This meeting is an opportunity to present the proposed plans for the site and answer any questions you may have ofthe development_ This informational meeting will be held. DATE: Tuesday, December 29, 2021 TIME: 6:30 p.m. PLACE: Virtual Please join the meeting from your computer, tablet or smartphone. Mips 7ln lobal _notomeetinn_conuioi n14952770135 You can also dial in using your phone. United States (Toll Free): 1 1 B99 4679 United States: +1 (571) 317-3116 Access Code: 495-277-035 I look forward to discussing the proposed project_ Sincerely, Wally Wernimont Planning Services Manager cc: Michael Van Milligen, City Manager Crenna Brumwell, CityAttorney Gus Psihoyos, City Engineer Christopher Lester, Water Department Manager Rick Dickinson, Greater Dubuque Development Corporation see P—F1- ln+.�.h neT--�.uty 1--t on INDUSTRIAL PARK DEVELOPMENT ■ Kerper Blvd Industri( Park ■ Dubuque Industrial Center ■ Dubuque Inclustria Center West ■ Dubuque Industrial Dubuque Industrial Center West Center South DEVELOPMENT PROCESS Subdivision - Site Plan Review Process Development Review Team ■ Construction & Inspections Division (Building) ■ Engineering Department ■ Fire Department ■ Planning Services Department ' ■ Water Department DEVELOPMENT PROCESS Site Plan Review Process SITE DEVELOPMENT REQUIREMENTS ■ Site Lighting ■ Utility Locations ■ Stormwater Management ■ Parking Structures ■ Parking Lot Layout ■ Parking Lot Provisions For Bicycle Parking ■ Parking Lot Lighting ■ Standard Parking Space Dimensions ■ Sidewalks And Walkways LANDSCAPE AREA REQUIREMENTS ■ Site Landscaping ■ Preservation Of Existing Trees ■ Parking Lot Landscaping ■ Street Trees ■ Screening Requirements ■ Exterior Trash Collection Areas ■ Exterior Storage In Nonresidential Districts ■ Installation, Maintenance And Replacement Of Landscaping And Screening 9� PAD 5 T9 AC e� DEVELOPABLE I \ PAD 4 i 3.5 AC i DEVELOPABLE NORTH xMiZONT.15C41L IN REl 0rlg ff tl ORAMN6 YAY NAIE HEM REWC<� � Ia' wm 735' L • G — M PAD ego' b 15.6 AC DEVELOPABLE w a rR 0 a $ PAD 1 30.5 AC DEVELOPABLE D $ PAD3 9.1AC DEVELOPABLE _ i W !_• YM � 980 .! CAS CROSSING / 3833888.88 r E 3080046,52 Lid Uj Z � � U r PHASEPHASE .] '• I /C I .y � i' � . -II A PPftON. �ocAnoN SA ATPHY MANHOLE F %e a it Pm�ad No, z try i—NORTH origi - �35 -CID, ww Cr PAD 2 15.6 AC — DEVELOPABLE y9 Aar 411 PAD 5 4305 AC 1 EAO DEVELOPABLE } e� DEVELL OPABLE pAD 3 � � J � 9.1AC r DEVELOPABLE I I X a b,o $ 11JW e is' wM eeo+.�ea3ees.ae 'n } 2 PRISE 2 PAD 4 11 i 3.5 ACC ♦ ,F� - 7\� i i DEVELOPABLE 46 APPROe, LOCATION F $ i � - �1 �. • r _..,. ,,, i suarAr�r M.r+nae o EX6 TRAFFIC STUDY The City of Dubuque will be conducting a Traffic Study for the Development. Traffic Study will be shared with the Iowa Department of Transportation. COMPREHENSIVE PLAN ■ Attracting large employment centers with access to infrastructure facilities. Ensure that such development does not disproportionately impact residential ■ Allow for appropriate expansion of existing industrial parks as identified on the Future Land Use Map. ■ Explore additional industrial development opportunities near the Dubuque Regional Airport, particularly in the U.S. Highway 61 corridor. ■ Expansion within and adjacent to existing industrial development is anticipated, along with potential selected new industrial locations within major roadway corridors like U.S. Highway 20, U.S. Highway 151, or the Southwest Arterial. ■ Encourage mixed -use developments creating a vibrant environment where residents can live, work, and play within walking and biking distance of their home and opportunity sites throughout the community. LIRiP�'�aij; idly 471�e?�^4�ie = 111 II�;�U. V W L 3, � 4' 1114 p�B 2017 MnfleRivnprlH[MlWR�ia COMPREHENSIVE PLAN Questions Wally Wernimont, Planning Services Manager Planning Services Department City Hall - 50 W. 13t" Street Dubuque, IA 52001 563-589-4210 wwernimo@cityofdubugue.org Adrienne Breitfelder From: Sent: To: Cc: Subject: Jack McCullough <jack@shootforthemoon.com> Monday, November 1, 2021 11:25 AM Adrienne Breitfelder Andy Schmidt (aschmidt@cottinghambutler.com) SW Industrial Park Opposition Attachments: Tamarack Owners Opposition.pdf, Silver Oaks Subdivision Opposition.pdf Warning! This message was sent from outside your organization and we were unable to verify the sender. Allow sender I Block sender City Clerk Adrienne, Per our phone conversation I've attached two letters opposing the development of the SW industrial park because of the added traffic it will increase at the intersection of the SW arterial and E Tamarack Dr. Unless a roundabout is installed at this dangerous intersection both the Tamarack Property Owners Association and the Silver Oaks Subdivision oppose this development. In addition, there is another subdivision currently under construction that will worsen the traffic at this intersection as well. We understand that the industrial park approval is a multi -step process, but we want to go on record now citing the problem and potential remedy. Thank you for passing our concern along to the city council and we would be happy to speak with anyone who would like to discuss this further. Sincerely, Jack McCullough Tamarack Property Owners Association Cell: 563-580-5101 Jack McCullough Past President + McCullough Creative, Inc. 10446 Ironwood Drive Tamarack Business Park Dubuque, IA 52003 563 556 2392 shootforthemoon.com Follow us on facebook and twitter Andy Schmidt Silver Oaks Subdivision Cell: 563-581-3463 November 1, 2021 Dubuque City Council 350 W. 6th Street Dubuque, IA 52001 Honorable Mayor and City Council, This letter is to serve as our opposition to the rezoning and the development of an industrial park on the Webber property located at the intersection of the SW Arterial and E Tamarack Dr. Our opposition is based on safety concerns because of increased traffic at an already dangerous intersection. Unless a roundabout is installed, we oppose this development. We are not in opposition of the industrial park development, rather the increased traffic it will create and the safety of the general public. Sincerely, Tamarack Business Park Property Owners Association of Dubuque Corp #491194 Com acial F ooring Jim iese Commercial Roofing alz �Xis61 ipr�ent 1 Ron Purvis C Dan Dodds Twin Bridges Bryan Mdrphy Y McCullough Creative ack M1 � A !!g h Tam ra k (on Luckstead Urbain In urance Rick Urb'3in Mulgrew O' Tom Flogel M Ken rth Joe Knabel State ruck Repair Jason ooks November 1, 2021 Dubuque City Council Address Dubuque, IA 52001 Honorable Mayor and City Council, This letter is to serve as our opposition to the rezoning and the development of an industrial park on the Webber property located at the intersection of the SW Arterial and E Tamarack Dr. Our opposition is based on safety concerns because of increased traffic at an already dangerous intersection. Unless a roundabout is installed, we oppose this development. We are not in opposition of the industrial park development, rather the increased traffic it will create and the safety of the general public. Sincerely, Silver Oaks Homeowners Association Homeowner Signature Date Andy &Bridget Schmidt IG v /7. J Cris & Kaylee Houlihan 40- j I t Eric & Deb Lockhart �k � Austin & Abby Huss / Tony & Chrissy Kuhle Ery & Deb Hooks Dan & Jodi Fens ( �j Jeffrey & Michelle Ketterer Mark & Barbara Wolff Brandon & Jessica ArensdorfVIA 0lit Aaron & Laura Brandt ,•� /�' a� a Kevin & Dianna Zettek John & Michelle Hamilton Nick Molo Richard & Brenda Moore Homeowner Signature Date Kevin & Renee Poppe Jim & Renee Schreiber Allen & Kiersten Schumacher Dan Waite r of X/,5we Brock & Andi Even Michael & Jalene Bodine, ®' , -a- Rosario & Michelle Valenti , 3 a, Andy & Trisha Butcher Bernard & Mary McDermott o 4 January 18, 2021 CONLON CONSTRUCTION CO. 1100 Rockdale Road Dubuque, Iowa 52003 phone 563 583.1724 fax 563 588.3939 www.conlonco.com Mayor Brad Cavanagh Dubuque City Council Mr. Wally Wernimont, Planning Services Manager Dear Mayor Cavanagh, City Council Members, and Mr. Wernimont: I am writing to express my concerns and objection regarding the City of Dubuque's intention to rezone agricultural land to P1 Planned Industrial Center Crossroads at the Northwest corner of the Southwest Arterial and Highway 61 /151 South. First, I would like to disclose that I own undeveloped wooded land, with 1,000 feet of the southern border shared by the northern border of the proposed development. I have owned this property for more than 25 years and have no plans to develop it. My concerns are as follows: There is no buffer between this industrial land and the adjoining neighbors to the north and west; it lies below these properties and slopes significantly away. in three directions - to the east, south and west. The grade drops 150 feet across the entire development from the northwest to the southeast corner of the property. Adjacent property owners would be looking down on the roofs and parking areas of the future factories and warehouses. There will be noise and light pollution from each of these developments. Is there any consideration of those who have chosen to live outside the city in more serene settings, often with larger lots for privacy and outdoor activities? 2. Because of the existing topography, radical alterations will be required to create flat., developable building sites. Massive earthmoving .and grading will be required; in some areas, earth will be cut as deep as 40 feet and other areas will be filled as much as 40 feet. Large cuts of this nature are likely to encounter rock; excavation and removal of rock is extremely expensive and often requires blasting. How might this affect the neighbor's adjoining properties? My own property slopes gently north to south into a valley, with the current agricultural property sloping gently away from the .valley; the valley has a small creek flowing through, fed by springs, five of which flow out of my property, once owned by Bishop Loras and planted as gardens and grape vines to sustain the Seminary that became part of the Archdiocese of Dubuque.. Construction Management I General Construction I Design -Build I Retail Fixturing Page Two. A 40-foot wall of earth ... for reference, "the height of the Federal Building" where the Council deliberates, will now rise out of that valley. Forty feet, plus the height of the buildings, is likely to be a sixty to seventy foot visual barrier. I would consider this a large devaluation of my property as well as all of those in the Shagbark, Katie Cove and adjacent Military Road neighborhoods. 3. Detention of storm water has been a multi -million -dollar priority for the City; detention areas, often consuming valuable acreage, are not evident on the plans I received. 4. The Katie Cove neighborhood drive (private) has been considered secondary access to and from the industrial park. There should be concern that the street is not designed for the kind of traffic that is likely to occur, and the difficult intersection of Military Road is up a steep grade onto a narrow roadway with no shoulder. What kind of improvements are being considered to that intersection and at what cost, both in dollars and disruption to the neighborhood? Will this become a shortcut to the southwest arterial for those living adjacent to and along Military Road? 5. Perhaps the most important issue is this: The City has invested heavily in creating "Gateways" into the City that are welcoming, and aesthetically attractive to not only first-time visitors, but to those who visit on a regular basis, setting the tone for a community that is progressive, proud of its' people, amenities and its' overall culture. The approach to Dubuque from both highways, 61 from the south and 151 from the west, is currently very attractive, showing off the hilly terrain, nicely developed and well placed Tamarak park, the new Southwest Arterial bridge, the well -planned Tech Park. I believe the placement of a highly visible industrial park on a prominent slope is a major detraction, not fitting for a welcoming corridor into our City. 6. The City recently extended utilities to the new airport. Is it too late to consider options considered earlier: a. parcels of land adjacent to and across east of HWY 61 that are relatively flat and would cost much less to develop; b. the advantage to having proximity to the airport c. extending utilities along HWY 151 to parcels that are also more adaptable to development; d. the potential for industrial development in those locations to draw workforce from surrounding communities from the south and west e. lower land costs As a long-time builder and developer in the Dubuque area, I am certainly not opposed to development that can bring long term benefits to the citizens of Dubuque. Most of our industrial development in the City has been located in low-lying areas, with buffer zones, and developed prior to residential neighborhood development. Page Three. In my opinion, it would be favorable for residential development with light commercial similar to other parts of the City, more in keeping with adjacent properties. I am opposed to development that causes property values and lifestyles to be so heavily impacted, especially when there are other solutions available. Thank you for your consideration. Tim 27on Vice -Chair, CEO Conlon Construction Co. STATE OF IOWA SS: DUBUQUE COUNTY CERTIFICATE OF PUBLICATION I, Kathy Goetzinger, 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: 01/07/2022 and for which the charge is 36.53 Subscribed to before me, a Notary Pubh in and for Dubuque County, Iowa, this 7th day of January, 2022 Notary Pi '1 c in and for Dubuque C unty, Iowa. JANET K. PAPE ='FaA% Commission Number 199859 Sty Comm.. Exp. DEC 11, 2022 Ad text : CITY OF DUBUQUE, IOWA OFFICIAL NOTICE PUBLIC NOTICE is hereby given that the Dubuque City Council will conduct public hearings on the 18th day of January, 2022, at 6:30 p.m., in the Historic Federal Building, 350 W. 6th Street, 2nd floor, Dubuque, Iowa, on the following: REZONINGS 1. Request from Huseman Properties to rezone property located at 2571 John F. Kennedy Road from OR Office Residential to C-3 General Commercial zoning district to allow an electrical contractor shop. 2. Request from City of Dubuque to rezone property located at the NW corner of Southwest Arterial and Tamarack Drive from AG Agricultural to PI Planned Industrial designated for the Dubuque Industrial Center Crossroads. TEXT AMENDMENT 1. Request from City of Dubuque to amend the Unified Development Code to allow Commercial Greenhouse as a permitted use in C-2, C-2A, C-3, C-4 and CS zoning districts. At the meeting, the City Council will receive oral and written comments from any resident or property owner of said City to the above action. The official agenda will be posted the Friday before the meeting and will contain public input options. The City Council agenda can be accessed at https://cityofdubuque.novusagenda.convAgendaPablic/ or by contacting the City Clerks Office at 563-589-4100, ctyclerk@cityofdubuque.org. Written comments regarding the above public hearings may be submitted to the City Clerk's Office via email at ctyclerk@cityofdubuque.org or by mail to City Clerk's Office, City Hall, 50 W. 13th St., Dubuque, IA 52001, before said time of public hearing. At said time and place of public hearings the City Council will receive any written comments. Copies of supporting documents for the public hearings are on file in the City Clerks Office and may be viewed Monday through Friday between 8:00 a.m. and 5:00 p.m. Individuals with limited English proficiency, vision, hearing, or speech impairments requiring special assistance should contact the City Clerk's Office at (563) 589-4100, TDD (563) 690-6678, ctyclerk@cityofdubuque.org as soon as feasible. Deaf or hard -of -hearing individuals can use Relay Iowa by dialing 711 or (800) 735-2942. Adrienne N. Breitfelder City Clerk It 1/7 STATE OF IOWA SS: DUBUQUE COUNTY CERTIFICATE OF PUBLICATION I, Kathy Goetzinger, 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: O1/21/2022 and for which the charge is 147.56 Subscribed to b ore me, a Notary >bjic in and for Dubuque County, Iowa, 7z= Notary Public in and for Dubuque County, Iowa. K67 N Yk`EL.BORNmimulxtla^� Ww�mib6T &27 4N Ei:W 4 0.2073 Ad text : OFFICIAL PUBLICATION ORDINANCE NO. 2-22 EXECUTIVE SUMMARY THE ORDINANCE IN ITS ENTIRETY IS ON FILE IN THE OFFICE OF THE CITY CLERK, 50 W. 13TH STREET, DUBUQUE. NORMAL BUSINESS HOURS ARE 8:00 AM to 5:00 PM MONDAY TO FRIDAY. AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED NORTH OF TAMARACK DRIVE AND WEST OF THE SOUTHWEST ARTERIAL FROM AG AGRICULTURAL DISTRICT TO PI PLANNED INDUSTRIAL DESIGNATION FOR THE DUBUQUE INDUSTRIAL CENTER CROSSROADS 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, is hereby amended by reclassifying the hereinafter described property from AG Agricultural District to PUD Planned Unit Development District with a PI Planned Industrial designation and adopting a conceptual development plan, a copy of which is attached to and made a part hereof, for the Dubuque Industrial Center Crossroads as stated below, to wit: Lot 2 of Wertzberger Acres No. 3, in Table Mound Township, Dubuque County, Iowa, according to the recorded Plat thereof; and The Southwest 1/4 of the Northeast 1/4, Lot 1 of the Northwest 1/4 of the Northeast 1/4, Lot 1 of Lot 1 of the Northeast 1/4 of the Northeast 1/4, and Lot 2 of the Southeast 1/4 of the Northeast 1/4, in Section 14, Township 88 North, Range 2 East of the 5th P.M., in Dubuque County, Iowa, according to United States Government Survey and the recorded Plats thereof, excepting therefrom that land acquired for highway right of way by the Iowa Department of Transportation known as Lot A of Lot 1 of the Northwest 1/4 of the Northeast * and of Lot 1 of Lot 1 of the Northeast 1/4 of the Northeast 1/4 and of Lot 2 of the Southeast 1/4 of the Northeast 1/4, all in Section 14, Township 88 North, Range 2 East of the 5th P.M., County of Dubuque, State of Iowa, containing 11.95 acres and as shown and described in the Warranty Deed filed as Instrument Number 2010-00003964 in the Dubuque County Recorders Office, and excepting therefrom that land acquired for highway right of way by the Iowa Department of Transportation known as Lot B of Lot 1 of Lot 1 of the Northeast 1/4 of the Northeast 1/4 and of Lot 2 of the Southeast 1/4 of the Northeast 1/4, all in Section 14, Township 88 North, Range 2 East of the 5th P.M., County of Dubuque, State of Iowa, containing 0.62 acres and as shown and described in the Warranty Deed filed as Instrument Number 2011-00011776 in the Dubuque County Recorders Office, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa Section 2. Attached hereto and made a part of this zoning reclassification approval is the Conceptual Development Plan for the Dubuque Industrial Center Crossroads Planned Unit Development marked Exhibit A. It is recognized that minor shifts or modifications to the general plan layout may be necessary and compatible with the need to acquire workable street patterns, grades, and usable building sites. The general plan layout, including the relationship of land uses to the general plan framework and the development requirements shall be used as the implementation guide. A)"Definitions [For purposes of this Ordinance, the following terms shall have specific meaning. Full text is on file in the Office of the City Clerk.] 1)"Building-related Features 2)"Vehicle-related Features 3)"Open Space Features B. "Use Regulations C. "Lot Bulk Regulations D."Parking and Loading Regulations E. "Exterior Storage Regulations F. "Exterior Trash Collection Area Requirements G. "Landscaping Regulations H."Sign Regulations I. "Maintenance Assessments 1)"The City will cause the construction of such improvements as the City deems appropriate in the Public, Areas of this PUD District shown on the Exhibit A. Maintenance and repair of the Public Areas and its improvements is the responsibility of the City with fifty percent (50%) of costs of such maintenance and repair assessed to and paid by the owners of property in this PUD District. Private connections to the Public Areas and the subsequent maintenance and repair of such private connections are the responsibility of each owner and may not be constructed without the prior written approval of the City. 2)"The City will assess against the properties in this PUD District in each assessment year an annual assessment for the purpose of paying fifty percent (50%) of the actual costs of the Citys maintenance and repair of the Public Areas and the actual costs associated with maintaining and lighting the park entrance signs. Said assessment may also include the establishment of a capital improvements reserve fund for such purposes. Upon establishment of such assessment levy, the owner of each lot must pay to the City a pro rata share (as hereinafter defined) of such assessment. The owner waives any and all rights to further notice, to object to the assessments, the amount of the assessments, the procedure for certifying the assessments or to any other rights the owner would have as provided in Iowa Code Chapter 364 and Chapter 384 and that the schedule of assessments may be certified by the City to the Dubuque County Treasurer for collection in the same manner as provided in Iowa Code Chapter 364 and Chapter 384. 3)"If such pro rata share is not paid within thirty (30) days after its due date, the owner agrees that that amount of such pro rata share will become a lien upon the lot obligated to pay the same and will bear interest from the due date at the highest legal contract rate applicable to a natural person. The owner further agrees that the City may bring an action at law against any owner obligated to pay the same, or foreclose the lien against the lot. The owner agrees that the owner is also obligated to reimburse the City for the City's costs and reasonable attorney's fees of any collection efforts. The owner agrees that the owner may not waive or otherwise avoid liability for an assessment provided herein by non-use of the Public Areas or abandonment of a lot. 4)"An owner's pro rata share is equal to a fraction, the numerator of which is the gross square feet area of the lot or lots owned by the owner and the denominator of which is the gross square feet area of all lots in this PUD District exclusive of the Public Areas and public rights -of -way. J."Performance Standards The development and maintenance of uses in this PUD District shall be established in conformance with the following standards 1)"Platting: The conceptual development plan shall serve as the preliminary plat for this PUD District. Subdivision plats and improvement plans shall be submitted in accordance with Article 11. Land Subdivision, of the City of Dubuque Unified Development Code. 2)"Site Plans: Final site development plans shall be submitted in accordance with Article 12 Site Plans and Article 13 Site Design Standards prior to construction of each building and vehicle -related feature unless otherwise exempted by Article 12. 3)"Storm Water Conveyance: The developer of each lot shall be responsible for providing surface or subsurface conveyance(s) of storm water from the lot to existing storm sewers or to flow line of open drainage ways outside the lot in a means that is satisfactory to the Engineering Department of the City of Dubuque. Other applicable regulations enforced by the City of Dubuque relative to storm water management and drainage shall apply to properties in the PUD District. 4)"Noises: Noises generated within the PUD District shall be regulated by Chapter 6-5, Noises, of the City of Dubuque Code of Ordinances. 5)"Phased construction of buildings and parking spaces: The construction of off-street parking spaces may be phased in proportion to the percentage of total building floor area constructed at any one time. Ground area set aside for future parking, loading spaces or driveways or for parking provided in excess of the minimum required number of parking spaces shall not reduce the minimum required area for open space. 6)"Other Codes and Regulations: These regulations do not relieve an owner from other applicable City, County, State or Federal Codes, regulations, laws and other controls relative to the planning, construction, operation and management of property in the PUD District. K. "Transfer of Ownership L. "Modifications M. "Recording 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 upon publication as provided by law. Passed, approved and adopted this 18th day of January 2022. /sBrad M. Cavanagh, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 21 st day of January, 2022. /s/Adrienne N. Breitfelder, City Clerk It O1/21