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Planned Unit Development Amendment- Plaza Drive to include PR Planned Residential_HearingCity of Dubuque City Council Meeting Public Hearings # 02. Copyrighted October 17, 2022 ITEM TITLE: Planned Unit Development Amendment- Plaza Drive to include PR Planned Residential SUMMARY: Proof of publication on notice of public hearing to consider City Council approval of a request from Talon LLC/Robert Smith, VP Development to amend a Planned Unit Development located at Plaza Drive, PIN 1017200012, to include PR Planned Residential, and Zoning Advisory Commission recommending approval. ORDINANCE Amending Title 16 of the Unified Development Code of the City of Dubuque Code of Ordinances by rescinding Ordinance 25-05 and Ordinance 44-06 which provides regulations for a PUD Planned Unit Development District with a PC Planned Commercial Designation for the Asbury Plaza Business Park and adopting Amended PUD Ordinance with PC Planned Commercial and PR Planned Residential Designations SUGGESTED Suggested Disposition: Receive and File; Motion B; Motion DISPOSITION: ATTACHMENTS: Description Type ZAC Letter to Council Staff Memo PUD Ordinance Supporting Documentation Application Supporting Documentation Vicinity Map Supporting Documentation Staff Report Supporting Documentation Asbury Plaza Business Park PUD South Ord 25-05 Supporting Documentation Asbury Plaza Business Park PUD North Ord 44-06 Supporting Documentation Original Concept Plan - Asbury Plaza Business Center Supporting Documentation Staff Presentation 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 Applicant: Talon LLC/Robert Smith, VP Development Location: Plaza Drive, PIN 1017200012 Dubuque �II•Aneiiq ®q wnxuE nr.ic II 2007,2012.2013 2017*2019 October 6, 2022 Description: To amend a Planned Unit Development to include PR Planned Residential 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, Bob Smith, spoke in favor of the request, stating that Talon Development have built 23 developments in 17 cities. He noted that they are working with Eagle Construction who has built 25 apartment complexes. He explained they propose to construct a development call Fox Hills apartments that is planned to have 390 units of market rate workforce housing, composed of 13 buildings with 30 units each and associated garages. He noted they are currently going through the subdivision, site plan, preliminary plat, and final plat processes. He explained that the existing roads were installed in 2006 for a previous development, and they are planning to keep the existing infrastructure. He noted that the request will combine two adjacent and similar Planned Commercial zones and then carve out the proposed Planned Residential zone from that. Staff reviewed the staff report, noting the history of the land, its existing zoning, conceptual plans for commercial development, and streets and utilities that are in place. He explained how this PUD amendment would combine the two PC districts and create a PR portion. He described the proposed multi -family development of 13 30-unit buildings for a total of 390 units that would have shared amenities. These units would aid the city in its goals to develop additional housing. He noted that Plaza Drive is adequate for the increased traffic and that Plaza Drive is planned to go through to connect to Derby Grange Road. He pointed out that the project has received Iowa housing tax credits and that it will be developed one building at a time. He described the subsequent steps of the development process. He noted that no public input was received following the public notice. Service People Integrity Responsibility Innovation Teamwork The Honorable Mayor and City Council Members Page 2 There was a public comment in support of the proposed use. Tom Shinkle, 6625 South Wellington Lane, Pastor of Grandview United Methodist Church, noted they are an adjacent property owner to the proposed development. He stated they are in favor of this change and enthused about the project because they see the need for workforce housing. He noted they are looking into establishing a nature preserve on their adjacent property to the east. The Zoning Advisory Commission discussed the request, and asked whether the storage area that was noted on the plan would be paved. Staff responded and stated that all travel areas would be paved, and screening would be put in place, and the applicant confirmed that it is intended to be hard surfaced and screened. The Commission also expressed the dire need for housing, that this is an exciting development, and that Dubuque doesn't have many apartments with these amenities. 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, 5 Rich Russell, Vice Chairperson Zoning Advisory Commission Attachments cc: Roger Cherland, 807 330t" Street, Lone Rock, IA 50559 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. 13'h St Telephone: 563-589-4121 ORDINANCE NO. 34-22 AN ORDINANCE AMENDING TITLE 16 OF THE UNIFIED DEVELOPMENT CODE OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RESCINDING ORDINANCE 25-05 AND ORDINANCE 44-06 WHICH PROVIDES REGULATIONS FOR A PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PC PLANNED COMMERCIAL DESIGNATION FOR THE ASBURY PLAZA BUSINESS PARK AND ADOPTING AMENDED PUD ORDINANCE WITH PC PLANNED COMMERCIAL AND PR PLANNED RESIDENTIAL DESIGNATIONS 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 rescinding Ordinance 25-05 and Ordinance 44-06 for the hereinafter described property which provides regulations for a Planned Unit Development District with a PC Planned Commercial District designation the Asbury Plaza Business Park and adopting amended Planned Unit Development ordinance with PC Planned Commercial and PR Planned Residential District for the following property legally described, to wit: Lot A and Lot 1 of Asbury Plaza No. 21, all in the City of Dubuque, Iowa, according to the recorded plat thereof. Section 2. Attached hereto and made a part of this zoning reclassification approval is Exhibit A which contains a Zoning Designation Map for the Asbury Business Park including the previously approved Conceptual Development Plan for the PC Planned Commercial zoning area. Also attached is Exhibit B which contains a Conceptual Development Plan for the area to be rezoned PR Planned Residential. It is recognized that minor shifts or modifications to the Conceptual Development Plans may be necessary and compatible with the need to acquire workable street patterns, grades, PUD Ordinance 34-22 Page 2 of 14 and usable building sites. The conceptual layouts, including the requirements, shall be used as an implementation guide. Section 3. Pursuant to Iowa Code Section 414.5 and as express condition of this zoning reclassification, the undersigned property owner(s) agree to the following conditions, off of which the property owner further agrees are reasonable and imposed to satisfy the public needs that are caused directly by this zoning reclassification. A. Definitions Building -related features: Building -related features are defined as all constructed 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 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 space and driveways to and from loading spaces. e. Parking spaces for company -owned commercial vehicles. f. Fire lanes. a Open space features: Open space features are defined as those exterior areas and developed features of the lot. These include: a. Landscape space containing lawn areas and plantings. b. Paved, hard surfaced pedestrian areas such as walkways, plazas, entryways and courtyards. c. Surface storm water detention areas not otherwise used for building -related or vehicle related purposes. d. Open recreation areas and recreation trail. e. Other non -building and non -vehicular related space. B. Use Regulations: The following regulations shall apply to all land uses in the above -described PUD District Zone A: PC Planned Commercial zoning designation PUD Ordinance 34-22 Page 3 of 14 Principal Permitted Uses shall be limited to: a. Retail sales/services b. General office c. Indoor restaurant d. Drive-in/carry-out restaurant e. Gas station f. Bank/savings and loans and credit unions g. Indoor recreation h. Schools of private instruction i. Self-service car wash j. Full -service car wash k. Outdoor recreation I. Auto sales and service m. Auto service centers n. Auto repair/body shop o. Motorcycle sales/service p. Truck sales/service/repair q. Recreation vehicle sales/service r. Business services s. Office supply t. Lumberyards/building material sales u. Construction supplies, sales and service v. Moving/storage facilities w. Contractor shop/yard x. Wholesale sales/distributor y. Warehousing and storage facilities z. Freight transfer facilities aa. Agricultural supplysales bb. Mini -warehousing cc. Processing or assembly dd. Landscaping services (not including retail sales as primary use) ee. Licensed Childcare Center Accessory use shall be limited to any use customarily incidental and subordinate to the principal use it serves. Temporary Uses shall be limited to any use listed as a permitted use within the PUD District of a limited duration, as established in Section 3-19 and as defined in Chapter 3 of the Unified Development Code. Zone B: PR Planned Residential zoning designation Principal Permitted Uses shall be limited to: a. Multi -family residential dwelling PUD Ordinance 34-22 Page 4 of 14 b. Storage/Mini-storage associated with the multi -family residential use only c. Private club house with recreational activities including a pool, dog park, park/recreation playground, and open space, all specifically associated with the multi -family residential use only. Accessory uses shall be limited to any use customarily incidental and subordinate to the principal use it serves. Temporary Use shall be limited to any use listed as a permitted use within the PUD District of a limited duration, as established in Section 3-19 and as defined in Chapter 3 of the Unified Development Code. C. Lot and Bulk Regulations 1. Zone A: PC Planned Commercial zoning designation All building -related features shall be in accordance with the following lot and bulk regulations: a. Maximum lot coverage shall be limited to 85% of the total lot area. All building and vehicle -related features shall be considered when calculating total land coverage. b. Maximum building height shall be 60 feet, except the following may exceed the height limit: cooling towers, condensers, elevator bulkheads, stacks and other necessary mechanical equipment and their protective housing. HVAC equipment is limited to 10 feet above 60 feet limitation subject to the provisions of adequate screening. c. Setbacks for buildings shall be as established for the C-3 General Commercial District, set forth in the Unified Development Code. d. Parking lots fronting on a public or private street(s) shall be set back ten (10) feet from the adjacent right-of-way(s). 2 Zone B: PR Planned Residential zoning designation All building -related features shall substantially comply with the attached Conceptual Development Plan. The development shall comply with the following bulk regulations: a. Maximum lot coverage shall be limited to 80% of the total lot area. All building and vehicle -related features shall be considered when calculating total land coverage. PUD Ordinance 34-22 Page 5 of 14 b. Maximum building height shall be 60 feet, except the following may exceed the height limit: cooling towers, condensers, elevator bulkheads, stacks and other necessary mechanical equipment and their protective housing. HVAC equipment is limited to 10 feet above 60 feet limitation subject to the provisions of adequate screening. c. Setbacks for buildings shall be as established in the R-4 Multi - Family Residential Zoning District, set forth in the Unified Development Code. D. Parking and Loading Regulations 1. Parking regulations in both Zone A: PC Planned Commercial zoning designation and Zone B: PR Planned Residential zoning designation shall be regulated as follows: a. All vehicle -related features shall be surfaced with either asphalt or concrete. b. Curbing and proper surface drainage of storm water shall be provided. c. All parking and loading spaces shall be delineated on the surfacing material by painting stripes and other permanent means. d. The number, size, and design of parking spaces shall be governed by applicable provisions of City of Dubuque Code of Ordinances in effect at the time of development of the lot. e. The number, size, 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 of the lot. f. The location and number of private driveway intersections with public streets shall be established by the City of Dubuque. E. Landscaping Regulations 1. Landscape regulations in both Zone A: PC Planned Commercial zoning designation and Zone B: PR Planned Residential zoning designation shall be regulated as follows: a. Plant Materials: The open space area of each lot shall be planted with permanent lawn and ground covers, such as shrubs and trees. It is the intent of these regulations that the development of required open spaces shall reflect a high PUD Ordinance 34-22 Page 6 of 14 quality of environmental design. The following provisions shall apply to each lot. b. Landscape plans are required as part of submittals for site plan review. Landscape plans are to include type, number and size of proposed plantings. Landscaping requirements for all development within this Planned Unit Development shall be in accordance with Section 16-13 Site Design Standards of the Unified Development Code. c. Parking areas located adjacent to right-of-way shall be screened with a combination of trees, shrubs or berms to provide a landscape screen of 50% opacity and three feet in height within three years of planting. d. All exposed soil areas remaining after the construction of building and vehicle -related features shall be planted with a permanent ground cover to prevent erosion. Within one year following completion of construction, or by the date that a building is issued an occupancy certificate by the Building Services Department of the City of Dubuque, whichever occurs first, required landscaping shall be installed. e. The owner shall replant any and all plant materials which have died due to any cause during the effective period of this PUD Ordinance. F. Site Liahtina Site Lighting in both Zone A: PC Planned Commercial zoning designation and Zone B: PR Planned Residential zoning designation shall be regulated as follows: 1. Exterior illumination of site features and the location and design of site lighting shall be in accordance with Section 16-13 Site Design Standards of the Unified Development Code. a. Exterior illumination of site features shall be limited to the illumination to of the following: i. Parking areas, driveways and loading facilities. ii. Pedestrian walkway surfaces and entrances to the building. iii. Screened storage areas. iv. Building exterior. b. Location and Design: PUD Ordinance 34-22 Page 7 of 14 i. All exterior lighting shall be designed, installed and maintained so as not to cause glare or to shine into adjacent lots and streets. ii. All exterior lighting luminaries shall be designed and installed to shield light from the luminaire at angles above 72-degrees from vertical. iii. A lighting plan shall be included as part of the site plan submittals that indicates types of lights used and ground light pattern for lighting of building and parking —related features. iv. Fixtures mounted on a building shall be positioned no higher than the roofline of the building. V. Wooden utility -type poles are acceptable only for temporary use during construction. vi. All electrical service lines to posts and fixtures shall be underground or concealed inside the posts. G. Sign Regulations Signage regulations shall be regulated as follows: 1. Off -Premise Signs: Off -premise signs shall be prohibited for all development within the PUD boundary. 2 Zone A: PC Planned Commercial zoning designation a. The provisions of Chapter 15 (Sign Regulations) of the Unified Development Code shall apply unless further regulated bythis section. b. Wall -mounted signs: i. Total aggregate square footage of wall -mounted signs is based on 15 percent of the front building wall area. Corner lots shall be allowed additional aggregate square footage based on five percent (5%) of the side building wall area. ii. Number of signs: Maximum four (4) per building. No more than three (3) building walls shall have wall - mounted signs. iii. Below eave or parapet. c. Freestanding signs: PUD Ordinance 34-22 Page 8 of 14 i. Total allowed square footage: 100 square foot ii. Maximum number: 1 iii. Maximum height: 25 feet d. Variance: For all signage requirements outline herein, variances from the 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. e. 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. f. Motion: No signs may include any device or means, mechanical, electrical or natural, which shall cause motion of the sign panel or any part thereof. No flashing lights or changing colors shall be allowed. a Zone B: PR Planned Residential zoning designation a. The provisions of Chapter 15 (Sign Regulations) of the Unified Development Code pertaining to signage allowed in the R-4 Multi -Family Residential zoning district shall apply unless further regulated by this section. b. Variance: For all signage requirements outline herein, variances from the 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 motion of the sign panel or any part thereof. No flashing lights or changing colors shall be allowed. H. Performance Standards PUD Ordinance 34-22 Page 9 of 14 The development and maintenance of uses within this PUD District shall be established in conformance with Chapter 13 of the Unified Development Code and the following standards: 1. Platting: Subdivision plats shall be submitted in accordance with Section 16-11 Land Subdivision of the City of Dubuque Unified Development Code. 2 Site Plans: Final site development plans shall be submitted in accordance with Section 16-12 Site Plans and Section 16-13 Site Design Standards of the City of Dubuque Unified Development Code 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 a lot to existing storm sewers or to the 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 inthe Planned Unit Development. I. Utility Locations 1. Service lines: All electrical, telephone, cable and other similar utility lines serving the building and other site features shall be located underground. 2. Mechanical Equipment: All air conditioning units, heat pumps and other similar mechanical equipment, not including roof -mounted mechanical equipment shall be screened from view. Mechanical equipment shall be screened in such a manner that it will appear to be an integral part of the building's overall architectural design. Wooden fencing of at least 50% opacity, masonry walls or plantings may be used to visually screen mechanical equipment. J. Exterior Trash Collection Areas Exterior Trash Collection Areas in both Zone A: PC Planned Commercial zoning designation and Zone B: PR Planned Residential zoning designation shall be regulated as follows: 1. Exterior Trash Collection Areas shall be constructed in accordance with Section 16-13 Site Design Standards of the Unified Development Code. PUD Ordinance 34-22 Page 10 of 14 2. Exterior trash collection area shall be located in rear or side yards only. a All exterior trash collection areas and the materials contained therein shall be visually screened from view. The screening shall be wood or masonry fence, wall or other feature not exceeding a height of seven (7) 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. All exterior entrances to a screened trash area shall be provided with a gate or door of similar design to that of the screen unless located in a service area not visible to the general public. b. If a seven -foot -high screen fails to shield the exterior trash collection area from view from points inside or outside of the property, 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 all off -site visibility within five years. K. Other Codes and Regulations Outdoor sales are regulated through the temporary use permit process. 2. The use of semi -trailers and shipping containers for storage is prohibited. 3. Operations within enclosed buildings: All operations and activities shall be conducted within completely enclosed buildings, except: (1) off-street parking and loading; and (2) recreation facilities. 4. These regulations do not relieve the owner from other applicable city, county, state or federal codes, regulations, laws or other controls relative to the planning, construction, operation and management of property within the City of Dubuque. L. Ordinance History 1. Ord. 25-05: Established a Planned Unit Development for the southern portion of Asbury Plaza Business Park 2. Ord. 44-06: Established a Planned Unit Development for the northern portion of Asbury Plaza Business Park M. 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 PUD Ordinance 34-22 Page 11 of 14 acknowledges awareness of and agrees to comply with the conditions authorizing the establishment of the PUD District. N. Modifications Any modifications to this Ordinance must be approved by the City Council in accordance with the Zoning Reclassification proceedings of Section 9-5 of the Unified Development Code. O. Recording A copy of this ordinance shall be recorded at the expense of the property owner(s) with the Dubuque County Recorder as a permanent record of the conditions accepted as part of this reclassification approval within 10 days after the adoption of this ordinance. This ordinance shall be binding upon the undersigned and his/her heirs, successors and assigns. Section 4. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 5. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved, and adopted this 17th day of October, 2022. rad anagh, Mayor Attest: aA""z /-P/ &" Adrienne N. Breiffelder, City Clerk PUD Ordinance 34-22 Page 12 of 14 ACCEPTANCE OF ORDINANCE NO. 34-22 I, Roger Cherland, representing Blue Sky Inc., property owner, having read the terms and conditions of the foregoing Ordinance No. 34-22 and being familiar with the conditions thereof, hereby accept the same and agree to the conditions required therein. Dated this <, C�y of 2022. L�'—j ger Cheripa —--------------------- - ,_� � i I I � HOUSING DEVELOPMENT I i I I � I � I G I I LOT aM 1 I 1 iN LOTI lAT LOT ail 9.32 Loy 1 S ?m uas ur xna LOr i 642 k i lY.1LYO:J 4-� ti lw LOY - •I IT• • I iar i71 girl ACRC7 SST LOT LOT I LWr _ Kr +w Div Lzl Lm" ki4f s • I � IrLr2 LQr am I ~ �ri G SD w LDC �L'..ui _ � IirC• inne��l� ..w,.l. Lwr LINf" ti \ ZONING: PC - PLANNED COMMERCIAL 10'SI—DE YARD SETBAIX________ ______- - —— — — — — — — — — — ------- a a 1 1 I I - 1 I _ F I \ a - \ - m 17 ^16 - \ I 'l l \ 31.2' GARAGE I3G 12 — — GARAGE I2G iJ \ \ — —25' FRONTYARD SETBACK — ZONING: PC- PLANNED COMMERCIAL ------------------------ �_—__4------ PLAZA DRIVE 40'E%ISTING PIPELINE EASEMENT I I II I IIII IIII ZONING: PC- PLANNED COMMERCIAL I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I` I\ \ Raas��s��w �p OOPA / i _ 20' FRONT YARD SETBACK \ 1$ 12 GARAGE fiG \ > 16 L _ _ / \ / \ / g 27 11S; \ eG" 13 / a 01 'eOJO_ �C % r / c o GPpPO4. G 9 j / / \ z 20 �I--- JPPo OAS i 1aFP ZONING: C3-GENERAL COMMERCIAL i 24 I \\ 12 / / I I I I I II I 0 STREETADDRESS: v ASBURY PLAZA BUSINESS PARK FIRST ADDITION DATE OF SURVEY: o 8-17-2022 LEGAL DESCRIPTION: EXISTING: LOT 1, ASBURY PLAZA NO.16, CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA. PROPOSED: LOT 1, BLOCK 1, LOT 1, BLOCK 2, LOT 1, BLOCK 3, LOT 1, BLOCK 4 & LOT 1, BLOCK 5, ASBURY PLAZA NO. 22, CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA ZONING: EXISTING: PC- PLANNED COMMERCIAL PROPOSED: PUD- PLANNED UNIT DEVELOPMENT -RESIDENTIAL PROPOSED BUILDING SETBACKS: FRONT 25' (ONE FRONT YARD ON CORNER LOTS MAY BE 20') SIDE 10, REAR 20' HEIGHT NO LIMIT PARKING SPACES: PROPOSED REQUIREMENT: 1.5 SPACES PER STUDIOS & 1 BEDROOM DWELLING UNIT = 1.5 X 12 DWELLING UNITS 2.0 SPACES PER 2 & 3 BEDROOM DWELLING UNIT = 2.0 X 18 DWELLING UNITS TOTAL SPACES REQUIRED PER BUILDING: = 54 SPACES (3 ADA) TOTALSPACES REQUIRED OVERALL: =702 SPACES(39 ADA) PROVIDED: STANDARD SURFACE SPACES =508 ZONING: CS -COMMERCIAL SERVICE&WHOLESALE STANDARD GARAGE SPACES -143 ADA GARAGE SPACES = 13 ADA SURFACE SPACES = 39 TOTAL SPACES PROVIDED =703 CF i 1 91 18 12 $iaY �e. P � yOREPRVPRO SEIRP PARKING SPACE / DRIVE ISLE REQUIREMENTS: 9' X 18' PARKING SPACE DIMENSIONS/ 26' DRIVE ISLE DIMENSIONS NorthwmtLvtL4-b1dZpj Impervious Area (SF) 1 165203 67% PerviousArea SF 80334.31 33% Total Land Area SF) 1245537.31 100% Northeast Lot 12-bides/Comm. bldel ImperviousAma(SF) 10223,6.3 63% PerviousArea (SF) 60328.55 31% Total Land Area SF 162564.8 lOD% Center lot [3-bldezl ImperviousAma (SIF 107102.7 65% PerviousArea SF 156715.831 3S% Total Land Area SF 163818.5 100% Southeast Lot 1-bl s Im rviousArea(SF) 36005.38 29% PerviousArea (SF) 86193.22 1 71% Total Land Area SF 122198.E 100% Southem Lot 361d Im erviousArea SF 97604.84 64% PemiousArea(SF) 154300.471 36% Total Land Area (SF) I 151905.3 I 100% Total forthe enitire Site minus R.O.W. Im erviousArea SF 508152.' 60% PerviousArea SF 337872.4 40% Total Land Area (SIF 846024.E S00% CONsi FN WnepreMpmmM1w,ntMN Snwie warv�sew Gos weeumm�s .g FOX HILLS APARTMENTS DUBUQUE, IOWA OVERALL CONCEPTUAL LAYOUT COPYRIGHT 2022 This plan is copyrighted and shall be used only for the site shown and is not to be copied or reproduced without written permission from JSA Consulting Engineers/Land Surveyors Inc. Project No. 60840 7Revisions C2.1 Date: 9-1-2022 Drawn By: KWK Doc ID: 011032500015 Type: GEN Kind: ORDINANCE Recorded: 10/25/2022 at 03:46:23 PM Fee Amt: $77.00 Pape 1 of 15 Dubuque County Iowa John Murphy Recorder File2022-00013138 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. 131" St Telephone: 563-589-4121 ORDINANCE NO.34-22 AN ORDINANCE AMENDING TITLE 16 OF THE UNIFIED DEVELOPMENT CODE OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RESCINDING ORDINANCE 25-05 AND ORDINANCE 44-06 WHICH PROVIDES REGULATIONS FOR A PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PC PLANNED COMMERCIAL DESIGNATION FOR THE ASBURY PLAZA BUSINESS PARK AND ADOPTING AMENDED PUD ORDINANCE WITH PC PLANNED COMMERCIAL AND PR PLANNED RESIDENTIAL DESIGNATIONS 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 rescinding Ordinance 25-05 and Ordinance 44-06 for the hereinafter described property which provides regulations for a Planned Unit Development District with a PC Planned Commercial District designation the Asbury Plaza Business Park and adopting amended Planned Unit Development ordinance with PC Planned Commercial and PR Planned Residential District for the following property legally described, to wit: Lot A and Lot 1 of Asbury Plaza No. 21, all in the City of Dubuque, Iowa, according to the recorded plat thereof. Section 2. Attached hereto and made a part of this zoning reclassification approval is Exhibit A which contains a Zoning Designation Map for the Asbury Business Park including the previously approved Conceptual Development Plan for the PC Planned Commercial zoning area. Also attached is Exhibit B which contains a Conceptual Development Plan for the area to be rezoned PR Planned Residential. It is recognized that minor shifts or modifications to the Conceptual Development Plans may be necessary and compatible with the need to acquire workable street patterns, grades, (S)Na City Plairlml,19 77p0 PUD Ordinance 34-22 Page 2 of 14 and usable building sites. The conceptual layouts, including the requirements, shall be used as an implementation guide. Section 3. Pursuant to Iowa Code Section 414.5 and as express condition of this zoning reclassification, the undersigned property owner(s) agree to the following conditions, off of which the property owner further agrees are reasonable and imposed to satisfy the public needs that are caused directly by this zoning reclassification. A. Definitions 1. Building -related features: Building -related features are defined as all constructed 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 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 space and driveways to and from loading spaces. e. Parking spaces for company -owned commercial vehicles. f. Fire lanes. 3. Open space features: Open space features are defined as those exterior areas and developed features of the lot. These include: a. Landscape space containing lawn areas and plantings. b. Paved, hard surfaced pedestrian areas such as walkways, plazas, entryways and courtyards. c. Surface storm water detention areas not otherwise used for building -related or vehicle related purposes. d. Open recreation areas and recreation trail. e. Other non -building and non -vehicular related space. B. Use Regulations: The following regulations shall apply to all land uses in the above -described PUD District Zone A: PC Planned Commercial zoning designation PUD Ordinance 34-22 Page 3 of 14 Principal Permitted Uses shall be limited to: a. Retail sales/services b. General office c. Indoor restaurant d. Drive-in/carry-out restaurant e. Gas station f. Bank/savings and loans and credit unions g. Indoor recreation h. Schools of private instruction i. Self-service car wash j. Full -service car wash k. Outdoor recreation I. Auto sales and service m. Auto service centers n. Auto repair/body shop o. Motorcycle sales/service p. Truck sales/service/repair q. Recreation vehicle sales/service r. Business services s. Office supply t. Lumberyards/building material sales u. Construction supplies, sales and service v. Moving/storage facilities w. Contractor shop/yard x. Wholesale sales/distributor y. Warehousing and storage facilities z. Freight transfer facilities aa. Agricultural supplysales bb. Mini -warehousing cc. Processing or assembly dd. Landscaping services (not including retail sales as primary use) ee. Licensed Childcare Center Accessory uses shall be limited to any use customarily incidental and subordinate to the principal use it serves. Temporary Uses shall be limited to any use listed as a permitted use within the PUD District of a limited duration, as established in Section 3-19 and as defined in Chapter 3 of the Unified Development Code. Zone B: PR Planned Residential zoning designation Principal Permitted Uses shall be limited to: a. Multi -family residential dwelling PUD Ordinance 34-22 Page 4 of 14 b. Storage/Mini-storage associated with the multi -family residential use only c. Private club house with recreational activities including a pool, dog park, park/recreation playground, and open space, all specifically associated with the multi -family residential use only. Accessory uses shall be limited to any use customarily incidental and subordinate to the principal use it serves. Temporary Uses shall be limited to any use listed as a permitted use within the PUD District of a limited duration, as established in Section 3-19 and as defined in Chapter 3 of the Unified Development Code. C. Lot and Bulk Regulations 1. Zone A: PC Planned Commercial zoning designation All building -related features shall be in accordance with the following lot and bulk regulations: a. Maximum lot coverage shall be limited to 85% of the total lot area. All building and vehicle -related features shall be considered when calculating total land coverage. b. Maximum building height shall be 60 feet, except the following may exceed the height limit: cooling towers, condensers, elevator bulkheads, stacks and other necessary mechanical equipment and their protective housing. HVAC equipment is limited to 10 feet above 60 feet limitation subject to the provisions of adequate screening. c. Setbacks for buildings shall be as established for the C-3 General Commercial District, set forth in the Unified Development Code. d. Parking lots fronting on a public or private street(s) shall be set back ten (10) feet from the adjacent right-of-way(s). 2 Zone B: PR Planned Residential zoning designation All building -related features shall substantially comply with the attached Conceptual Development Plan. The development shall comply with the following bulk regulations: a. Maximum lot coverage shall be limited to 80% of the total lot area. All building and vehicle -related features shall be considered when calculating total land coverage. PUD Ordinance 34-22 Page 5 of 14 b. Maximum building height shall be 60 feet, except the following may exceed the height limit: cooling towers, condensers, elevator bulkheads, stacks and other necessary mechanical equipment and their protective housing. HVAC equipment is limited to 10 feet above 60 feet limitation subject to the provisions of adequate screening. c. Setbacks for buildings shall be as established in the R-4 Multi - Family Residential Zoning District, set forth in the Unified Development Code. D. Parking and Loading Regulations 1. Parking regulations in both Zone A: PC Planned Commercial zoning designation and Zone B: PR Planned Residential zoning designation shall be regulated as follows: a. All vehicle -related features shall be surfaced with either asphalt or concrete. b. Curbing and proper surface drainage of storm water shall be provided. c. All parking and loading spaces shall be delineated on the surfacing material by painting stripes and other permanent means. d. The number, size, and design of parking spaces shall be governed by applicable provisions of City of Dubuque Code of Ordinances in effect at the time of development of the lot. e. The number, size, 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 of the lot. f. The location and number of private driveway intersections with public streets shall be established by the City of Dubuque. E. Landscaping Regulations 1. Landscape regulations in both Zone A: PC Planned Commercial zoning designation and Zone B: PR Planned Residential zoning designation shall be regulated as follows: a. Plant Materials: The open space area of each lot shall be planted with permanent lawn and ground covers, such as shrubs and trees. It is the intent of these regulations that the development of required open spaces shall reflect a high PUD Ordinance 34-22 Page 6 of 14 quality of environmental design. The following provisions shall apply to each lot. b. Landscape plans are required as part of submittals for site plan review. Landscape plans are to include type, number and size of proposed plantings. Landscaping requirements for all development within this Planned Unit Development shall be in accordance with Section 16-13 Site Design Standards of the Unified Development Code. c. Parking areas located adjacent to right-of-way shall be screened with a combination of trees, shrubs or berms to provide a landscape screen of 50% opacity and three feet in height within three years of planting. d. All exposed soil areas remaining after the construction of building and vehicle -related features shall be planted with a permanent ground cover to prevent erosion. Within one year following completion of construction, or by the date that a building is issued an occupancy certificate by the Building Services Department of the City of Dubuque, whichever occurs first, required landscaping shall be installed. e. The owner shall replant any and all plant materials which have died due to any cause during the effective period of this PUD Ordinance. F. Site Lighting Site Lighting in both Zone A: PC Planned Commercial zoning designation and Zone B: PR Planned Residential zoning designation shall be regulated as follows: 1. Exterior illumination of site features and the location and design of site lighting shall be in accordance with Section 16-13 Site Design Standards of the Unified Development Code. a. Exterior illumination of site features shall be limited to the illumination to of the following: i. Parking areas, driveways and loading facilities. ii. Pedestrian walkway surfaces and entrances to the building. iii. Screened storage areas. iv. Building exterior. b. Location and Design: PUD Ordinance 34-22 Page 7 of 14 i. All exterior lighting shall be designed, installed and maintained so as not to cause glare or to shine into adjacent lots and streets. ii. All exterior lighting luminaries shall be designed and installed to shield light from the luminaire at angles above 72-degrees from vertical. iii. A lighting plan shall be included as part of the site plan submittals that indicates types of lights used and ground light pattern for lighting of building and parking —related features. iv. Fixtures mounted on a building shall be positioned no higher than the roofline of the building. V. Wooden utility -type poles are acceptable only for temporary use during construction. vi. All electrical service lines to posts and fixtures shall be underground or concealed inside the posts. G. Sian Regulations Signage regulations shall be regulated as follows: 1. Off -Premise Signs: Off -premise signs shall be prohibited for all development within the PUD boundary. 2 Zone A: PC Planned Commercial zoning designation a. The provisions of Chapter 15 (Sign Regulations) of the Unified Development Code shall apply unless further regulated by this section. b. Wall -mounted signs: i. Total aggregate square footage of wall -mounted signs is based on 15 percent of the front building wall area. Corner lots shall be allowed additional aggregate square footage based on five percent (5%) of the side building wall area. ii. Number of signs: Maximum four (4) per building. No more than three (3) building walls shall have wall - mounted signs. iii. Below eave or parapet. c. Freestanding signs: PUD Ordinance 34-22 Page 8 of 14 i. Total allowed square footage: 100 square foot ii. Maximum number: 1 iii. Maximum height: 25 feet d. Variance: For all signage requirements outline herein, variances from the 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. e. 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. f. Motion: No signs may include any device or means, mechanical, electrical or natural, which shall cause motion of the sign panel or any part thereof. No flashing lights or changing colors shall be allowed. a Zone B: PR Planned Residential zoning designation a. The provisions of Chapter 15 (Sign Regulations) of the Unified Development Code pertaining to signage allowed in the R-4 Multi -Family Residential zoning district shall apply unless further regulated by this section. b. Variance: For all signage requirements outline herein, variances from the 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 motion of the sign panel or any part thereof. No flashing lights or changing colors shall be allowed. H. Performance Standards PUD Ordinance 34-22 Page 9 of 14 The development and maintenance of uses within this PUD District shall be established in conformance with Chapter 13 of the Unified Development Code and the following standards: Platting: Subdivision plats shall be submitted in accordance with Section 16-11 Land Subdivision of the City of Dubuque Unified Development Code. 2 Site Plans: Final site development plans shall be submitted in accordance with Section 16-12 Site Plans and Section 16-13 Site Design Standards of the City of Dubuque Unified Development Code 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 a lot to existing storm sewers or to the 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 inthe Planned Unit Development. I. Utility Locations 1. Service lines: All electrical, telephone, cable and other similar utility lines serving the building and other site features shall be located underground. 2. Mechanical Equipment: All air conditioning units, heat pumps and other similar mechanical equipment, not including roof -mounted mechanical equipment shall be screened from view. Mechanical equipment shall be screened in such a manner that it will appear to be an integral part of the building's overall architectural design. Wooden fencing of at least 50% opacity, masonry walls or plantings may be used to visually screen mechanical equipment. J. Exterior Trash Collection Areas Exterior Trash Collection Areas in both Zone A: PC Planned Commercial zoning designation and Zone B: PR Planned Residential zoning designation shall be regulated as follows: 1. Exterior Trash Collection Areas shall be constructed in accordance with Section 16-13 Site Design Standards of the Unified Development Code. PUD Ordinance 34-22 Page 10 of 14 2. Exterior trash collection area shall be located in rear or side yards only. a All exterior trash collection areas and the materials contained therein shall be visually screened from view. The screening shall be wood or masonry fence, wall or other feature not exceeding a height of seven (7) 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. All exterior entrances to a screened trash area shall be provided with a gate or door of similar design to that of the screen unless located in a service area not visible to the general public. b. If a seven -foot -high screen fails to shield the exterior trash collection area from view from points inside or outside of the property, 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 all off -site visibility within five years. K. Other Codes and Regulations 1. Outdoor sales are regulated through the temporary use permit process. 2. The use of semi -trailers and shipping containers for storage is prohibited. 3. Operations within enclosed buildings: All operations and activities shall be conducted within completely enclosed buildings, except: (1) off-street parking and loading; and (2) recreation facilities. 4. These regulations do not relieve the owner from other applicable city, county, state or federal codes, regulations, laws or other controls relative to the planning, construction, operation and management of property within the City of Dubuque. L. Ordinance History 1. Ord. 25-05: Established a Planned Unit Development for the southern portion of Asbury Plaza Business Park 2. Ord. 44-06: Established a Planned Unit Development for the northern portion of Asbury Plaza Business Park M. 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 PUD Ordinance 34-22 Page 11 of 14 acknowledges awareness of and agrees to comply with the conditions authorizing the establishment of the PUD District. N. Modifications Any modifications to this Ordinance must be approved by the City Council in accordance with the Zoning Reclassification proceedings of Section 9-5 of the Unified Development Code. O. Recording A copy of this ordinance shall be recorded at the expense of the property owner(s) with the Dubuque County Recorder as a permanent record of the conditions accepted as part of this reclassification approval within 10 days after the adoption of this ordinance. This ordinance shall be binding upon the undersigned and his/her heirs, successors and assigns. Section 4. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 5. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved, and adopted this 17tr' day of October, 2022. 'T3rad JM.-Canagh, Mayor Attest: Adrienne N. Breitfelder, Ci y Clerk PUD Ordinance 34-22 ACCEPTANCE OF ORDINANCE NO. 34-22 Page 12 of 14 I, Roger Cherland, representing Blue Sky Inc., property owner, having read the terms and conditions of the foregoing Ordinance No. 34-22 and being familiar with the conditions thereof, hereby accept the same and agree to the conditions required therein. Dated this N CMY of 2022. ger Cherl HOUSING DEVELOPMENT uw Lot Mir Vff Lot owl sm on iAr ?.U*ap 7.VACMM 1*ftAMW %saw= 9= WT all 4" #'AWAem kw IMAM" un as w , ON I IJOAMOM irks Lua)T 03 to g| Q| fill R| �)§ , ( .� ` { / A) \ \ | §)| VA `•� We il a � - - - - - - - - \ .. , , : � | \ ! , - - - -»\� } \. - - -------------------- ------.... ...---- —- - - - - - - - - - - - - - - - - �------- ! ' � \ � | • z/ ,/ ----2---��J�- yy. . w�® CERTIFICATE of the CITY CLERK STATE OF IOWA SS: COUNTY OF DUBUQUE ) I, Adrienne N. Breitfelder, City Clerk, do hereby certify that I am the duly appointed, qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached Ordinance No. 34-22 is a true and correct copy of the original. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa, on this 25th day of October, 2022. Adrienne N. Breitfelder, City Clerk Dubuque THE CITY OF DU'BLfE AIFA�ip pb 11 �I' 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 XMajor Site Plan Please type or print legibly in in Property owner($): Roger Cherland Address: 807 330th Street Fax #: Cell #: ❑Simple Subdivision ❑Text Amendment ❑Temporary Use Permit ❑Annexation ❑Historic Revolving Loan ❑Historic Housing Grant City of Dubuque Planning Services Department Dubuque, IA 52001-4845 Phone: 563-589-4210 Fax: 563-589-4221 planning@cityofdubugue.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 505-341-3600 City, Lone Rock State: IA zip: 50559 E-mail: rherland@gmail.com Applicant/Agent: Talon LLC / Robert Smith, VP Development Phone: 605-740-7264 Address:1305 E. Benson Rd city. Sioux Falls State: SD Zip: 57104 Fax #: Cell #: 407-802-9395 E-mail: robert@talon-Ilc.com Site location address: Plaza Court 1 Neighborhood Association: Existing zoning: PUD PC proposed zoning: PUD RES. District: Landmark: ❑ Yes Legal Description ($dwell parcel ID# or lot number/block number/subdivision): P I D 1 01 7200012 Total property (lot) area (square feet or acres): 1 ,165,886.23 SF Describe proposal and reason necessary (attach a letter of explanation, if needed): Fox Hills Apartments, 390 units See attached Narrative and engineering/surveying submittal. also requesting early grading permit. 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 additfonal required wr en and graphic materials are a ched. Property Owner(s): Date: ` Z Z Applicant/Agen • * Date: C..> +� Z••� FOR OFFICE USE ONLY — APPLICATION SUBMITTAL CHECKLIST Fee: Received by: Date: C} c. ow? Docket: Ck #35291 i1❑ No Dubuque THE C DUt�BF L I I I ip1. 'III 2007-2012.2013 2017*2019 Masterpiece on the Mississippi Vicinity Map City of Dubuque N A 0 500 1,000 2,000 Feet THE CITY OF DUB E Masterpiece on the Mississippi Dubuque Planning Services Department City Hall - 50 West 131h Street All-AmericlCily Dubuque,1A 52001-4845 w„xl. NIa,H,I' (563) 589-4210 phone (563) 589-4221 fax ®� (563) 690-6678 TDD planning@cityofdubuque org 2007.201232013 2017*2019 September 30, 2022 TO: Zoning Advisory Commission FROM: Shena Moon, Associate Planner SUBJECT: To amend a Planned Unit Development to include PR Planned Residential. INTRODUCTION The applicant, Robert Smith with Talon LLC, is requesting to amend the existing Planned Unit Development (PUD) to include a PR Planned Residential zoning designation. BACKGROUND The existing Asbury Plaza Business Park PUD district is located northwest of the Asbury Plaza Commercial Shopping Center, behind the Blain's Farm & Fleet and the AMC Theater. The existing PUD district, which is under common ownership, was established through two ordinances. Ordinance 25-05 established a PC Planned Commercial zoning designation for the southern portion of the Asbury Plaza Business Park. Ordinance 44-06 established a PC Planned Commercial zoning designation for the northern portion of the Asbury Plaza Business Park. The map below provides an overview of the existina PUDs. Existing PUD Configurarn bury Plaza Business Park PUD A r PUD Area 132'002 Ordinance 25-06 Ordinance 44-06 `_- - "� City Lof imits Dubuque "' I.i • , d . ^lit ¢ 11 33 26 I rr� k 26- '�,S'- 2995 4e14 Asbu ry P laza 2535 Commercial Shopping Center 2 4 R ..1;2.584 2c&3 2 � Memo to Zoning Advisory Commission Page 2 DISCUSSION The existing PUDs established through Ordinance 25-05 and Ordinance 44-06 mirror each other in all development standards and currently allow for primarily commercial uses. The proposed PUD amendment would rescind Ordinance 25-05 and Ordinance 44-06 and create one PUD ordinance. Additionally, the proposed amendment would add a PR —Planned Residential zoning designation to allow a new 13 building, 390-unit multi -family residential development within the PUD area. The PC -Planned Commercial development regulations from both current ordinances would be included in the consolidated PUD ordinance along with a new PR -Planned Residential zoning designation for a portion of the area. The map below shows how the proposed zoning designations would be configured in the amended PUD ordinance. Proposed PUD Configuration [ 13362 13270 13102 a ae11 Psbu ry Plaza I}Ccmmerdal Shopping Center Asbury Plaza Business Park PUD PUD Area PC - Planned Commercial PR -Planned Re Residential City Dubuque Cirif Limits �S. 3342 7= e 'r. 7m A conceptual development plan was previously approved for the PC —Planned Commercial portions of the property, and that plan would remain in effect for the portions of the PUD area that remain under the PC -Planned Commercial zoning designation. A new conceptual development plan has been submitted for the proposed PR -Planned Residential zoning area. The conceptual development plan includes 13 multi -family residential buildings, 13 detached multi -stall garage buildings, and a storage area, clubhouse, park, pool, and dog park area for the residents of the development. The proposed conceptual development plan for the PR -Planned Residential zoning area is attached hereto. Memo to Zoning Advisory Commission Page 3 Prior to any development taking place on the property, the property owner would be required to obtain approval for a Major Subdivision Plat and Site Plan Review through the development review process. This is a multi -step process during which the proposed project would be subject to review by the City's Development Review Team (DRT). The DRT is comprised of multiple City Departments including Engineering, Planning, Water Distribution, Fire, Police, Housing & Community Development, and Leisure Services. Site Improvements and Subdivision Plats are reviewed by all relevant departments regarding street improvements, site access, parking, grading, screening, paving, park land, stormwater management, water connection, sanitary sewer connection, fire safety, and more. Additionally, Major Subdivision Plats would require review by the Zoning Advisory Commission and the City Council. It is anticipated that any effects on the environment would be mitigated through the review process and appropriate site development plans. Compliance with Comprehensive Plan: The Imagine Dubuque Comprehensive Plan promotes a mix of housing and mixed -use development. The goals also recommend multi -family development in proximity to jobs to minimize transportation costs and recommends buffering non -compatible uses from each other. If approved, the PR - Planned Residential portion of the development will allow for the construction of a new 390-unit residential development in proximity to jobs within the neighboring commercial shopping centers and other commercial and industrial areas on the west end. Additionally, the City of Dubuque is projected to be 1,100 housing units short of what is needed to support our residents in the next 10 years and the proposed conceptual development would aid to address the housing need within the community. RECOMMENDATION Planning staff recommends the Zoning Advisory Commission review the proposed request and the criteria for amendments to the Planned Unit Development Districts found in Section 5-24.5 of the Unified Development Code and make a recommendation to the City Council regarding the proposed amendment to the Asbury Plaza Business Park Planned Unit Development. Attachments II Il I I III II II II I II III I I I I I IIII Il IIII II I II Doc ID: 005134910011 Type: GEN Recorded: 04/06/2005 at 12:40:30 PM Fee Amt: $57.00 Paqe 1 of 11 Dubuque County Iowa Kathy Flynn Thurlow Recorder File2005-00005121 Prepared by: Laura Carstens, City Planner Address: 50 W. 13th St. Cily mall Telephone: 589-421 ORDINANCE NO. 25 -05 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED ALONG THE FUTURE EXTENSION OF PLAZA DRIVE FROM AG AGRICULTURAL DISTRICT TO PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PC PLANNED COMMERCIAL DESIGNATION AND ADOPTING AN AMENDED CONCEPTUAL DEVELOPMENT PLAN, WITH CONDITIONS FOR MOTOR CITY, LLC. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter -described property from AG Agricultural to PUD Planned Unit Development with a PC Planned Commercial designation, and adopting a conceptual development plan, a copy of which is on file with the City of Dubuque Planning Services Department, for property legally described to wit:. Lot 2 of Asbury Plaza No. 3 and the SW % of the NE'/4 of Section 17, T89N, R2E, 5' P.M. and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. Pursuant to Iowa Code Section 414.5 (2003) and as an express condition of this zoning reclassification, the undersigned property owner(s) agree to the following conditions, all of which the property owner further agrees are reasonable and imposed to satisfy the public needs that are caused directly by this zoning reclassification. A. Definitions Building -related features: Building -related features are defined as all constructed 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 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: C{ k1 0"_ e 5�t°0 Ordinance No. -05 Page 2 of 10 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 space and driveways to and from loading spaces. e. Parking spaces for company -owned commercial vehicles. Fire lanes. 3. Open space features: Open space features are defined as those exterior areas and developed features of the lot. These include: a. Landscape space containing lawn areas and plantings. b. Paved, hard surfaced pedestrian areas such as walkways, plazas, entryways and courtyards. C. Surface storm water detention areas not otherwise used for building - related or vehicle related purposes. d. Open recreation areas and recreation trail. e. Other non -building and non -vehicular related space. B. Use Regulations The following regulations shall apply to all land uses in the above -described PUD District: 1. Principal permitted uses shall be limited to: a. Retail sales/services [17] b. General office [14] C. Indoor restaurant [20] d. Drive-in/carry-out restaurant [28] e. Gas station [18] f. Bank/savings and loans and credit unions [31] g. Indoor recreation [37] h. Schools of private instruction [4] i. Self-service car wash [8] j. Full -service car wash [8] k. Outdoor recreation [37] I. Auto sales and service [38] m. Auto service centers [34] n. Auto repair/body shop [35] o. Motorcycle sales/service [41] Ordinance No. -05 Page 3 of 10 p. Truck sales/service/repair [39] q. Recreation vehicle sales/service [38] r. Business services [29] S. Office supply [19] t. Lumberyards/building material sales [19] U. Construction supplies, sales and service [19] V. Moving/storage facilities [33] W. Contractor shop/yard [33) X. Wholesale sales/distributor [29] y. Warehousing and storage facilities [33] Z. Freight transfer facilities [44] aa. Agricultural supply sales [19] bb. Mini -warehousing [47] cc. Processing or assembly [33] dd. Landscaping services (not including retail sales as primary use) (29] [ ] Parking Group -- see Section 4-2 of the Zoning Ordinance 2. Conditional uses shall be limited to the following: a. Day care center, within a primary office/commercial building or as a stand-alone structure. Day care centers are subject to state and local regulations. Indoor floor area (excluding halls and bathrooms) must be provided per child in areas occupied by cribs as per State Code. 2. Indoor floor area (excluding halls and bathrooms) must be provided per child in areas not occupied by cribs times the licensed capacity as per State Code. 3. Fenced outdoor recreation space must be provided per child using the space at a given time as per State Code. 4. Such facility shall provide for the loading and unloading of children so as not to obstruct public streets or create traffic or safety hazards. 5. All licenses have been issued or have been applied for awaiting the outcome of the Board's decision. 6. No group day care center may be located within the same structure as any gas station, bar/tavern, automated gas station or any facility selling servicing, repairing or renting vehicles. 7. The parking group requirements can be met [8]. 8. The conditional use applicant certifies that the premises on which the group day care center will be located complies with, and will for so long as the group day care center is so located, continue to Ordinance No. -05 Page 4 of 10 comply with all local, state, and federal regulations governing hazardous substances, hazardous waste and hazardous materials, including, but not limited to Iowa Code Chapter 455B (1991); 42 U.S.C. Section 9601 of the Federal Comprehensive Environmental Response Compensation and Liability Act; 40 C.F.R. section 3-2.4; and Section 302 of the Superfund Amendments and Reauthorization Act of 1986; and 9. If the applicant is subject to the requirements of Section 302 of the Superfund Amendments and Reauthorization Act of 1986, the Emergency Management Director shall certify whether or not the applicant has submitted a current inventory of extremely hazardous substances kept or stored on the premises. If any such extremely hazardous substances are kept or stored on the premises, the applicant shall also post in a conspicuous place on the premises a notice indicating a description of the extremely hazardous substances, and the physical and health hazards presented by such substances. 3. Accessory uses shall be limited to any use customarily incidental and subordinate to the principal use it serves. 4. Temporary uses shall be limited to any use listed as a permitted use within the PUD District of a limited duration, as established in Section 2-5.3 and as defined in Section 8 of the Zoning Ordinance. C. Lot and Bulk Regulations Development of land in the PUD District shall be regulated as follows: All building -related features shall be in accordance with the following lot and bulk regulations: a. Maximum lot coverage shall be limited to 85% of the total lot area. All building and vehicle -related features shall be considered when calculating total land coverage. b. Maximum building height shall be 60 feet, except the following may exceed the height limit: cooling towers, condensers, elevator bulkheads, stacks and other necessary mechanical equipment and their protective housing. HVAC equipment is limited to 10 feet above 60 feet limitation subject to the provisions of adequate screening. C. Setbacks for buildings shall be as established for the C-3 General Commercial District, set forth in Section 3-3.3 of the Zoning Ordinance. d. Parking lots fronting on a public or private street(s) shall be set back ten (10) feet from the adjacent right-of-way(s). D. Parking Regulations Ordinance No. -05 Page 5 of 10 1. All vehicle -related features shall be surfaced with either asphalt or concrete. 2. Curbing and proper surface drainage of storm water shall be provided. 3. All parking and loading spaces shall be delineated on the surfacing material by painting stripes and other permanent means. 4. No on -street parking shall be allowed on streets within this PUD. 5. The number, size and design of parking spaces shall be governed by applicable provisions of City of Dubuque Code of Ordinances in effect at the time of development of the lot. 6. The number, size, 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 of the lot. 7. The location and number of private driveway intersections with public streets shall be established by the City of Dubuque. E. Landscaping Regulations Plant Materials: The open space area of each lot shall be planted with permanent lawn and ground covers, such as 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. The following provisions shall apply to each lot. a. Landscape plans are required as part of submittals for site plan review. Landscape plans are to include type, number and size of proposed plantings. As a minimum, the submitted landscape plan should include the following: 1. For every one (1) acre of lot size, four (4) trees shall be required with a minimum of eight (8) trees required for lots two (2) acres or less. Each required tree shall be at least 1 Y2 -2" caliper diameter deciduous and/or six foot high evergreen at planting. 2. Parking areas located adjacent to right-of-way shall be screened with a combination of trees, shrubs or berms to provide a landscape screen of 50% opacity and three feet in height within three years of planting. 2. All exposed soil areas remaining after the construction of building and vehicle -related features shall be planted with a permanent ground cover to prevent erosion. Within one year following completion of construction, or by the date that a building is issued an occupancy certificate by the Building Services Department of the City of Dubuque, whichever occurs first, required landscaping shall be installed. Ordinance No. -05 Page 6 of 10 3. The owner shall replant any and all plant materials which have died due to any cause during the effective period of this PUD Ordinance. F. Sign Regulations The provisions of Section 4-3 (Sign Regulations) of the Zoning Ordinance shall apply unless further regulated by this section. 2. Wall -mounted signs: a. Total aggregate square footage of wall -mounted signs is based on 15 percent of the front building wall area. Corner lots shall be allowed additional aggregate square footage based on five percent (5%) of the side building wall area. b. Number of signs: Maximum four (4) per building. No more than three (3) building wails shall have wall -mounted signs. C. Below eave or parapet. 3. Freestanding signs: a. Total allowed square footage: 100 square foot b. Maximum number: 1 C. Maximum height: 25 feet 4. Variance requests from sign requirements for size, number and height shall be reviewed by the Zoning Board of Adjustment in accordance with Section 5-3 of the Zoning Ordinance. 5, 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. 6. Motion: No signs may include any device or means, mechanical, electrical or natural, which shall cause motion of the sign panel or any part thereof. No flashing lights or changing colors shall be allowed. G. Performance Standards The development and maintenance of uses in this PUD District shall be established in conformance with Section 3-5.5 of the Zoning Ordinance and the following standards: 1. Site Lighting: a. Exterior illumination of site features shall be limited to the illumination to of the following: Ordinance No. -05 Page 7 of 10 1. Parking areas, driveways and loading facilities. 2. Pedestrian walkway surfaces and entrances to the building. 3. Screened storage areas. 4. Building exterior. b. Location and Design: 1. All exterior lighting shall be designed, installed and maintained so as not to cause glare or to shine into adjacent lots and streets. 2. All exterior lighting luminaries shall be designed and installed to shield light from the luminaire at angles above 72-degrees from vertical. 3. A lighting plan shall be included as part of the site plan submittals that indicates types of lights used and ground light pattern for lighting of building and parking —related features. 4. Fixtures mounted on a building shall be positioned no higher than the roofline of the building. 5. Wooden utility -type poles are acceptable only for temporary use during construction. 6. All electrical service lines to posts and fixtures shall be underground or concealed inside the posts. 2. Utility Locations: a. Service lines: All electrical, telephone, cable and other similar utility lines serving the building and other site features shall be located underground. b. Mechanical Equipment: All air conditioning units, heat pumps and other similar mechanical equipment, not including roof mounted mechanical equipment shall be screened from view. Mechanical equipment shall be screened in such a manner that it will appear to be an integral part of the building's overall architectural design. Wooden fencing of at least 50% opacity, masonry walls or plantings may be used to visually screen mechanical equipment. C. Exterior trash collection area shall be located in rear or side yards only. d. All exterior trash collection areas and the materials contained therein shall be visually screened from view. The screening shall be wood or masonry fence, wall or other feature not exceeding a height of seven (7) 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. All exterior entrances to a screened trash area shall be provided with a gate or door of Ordinance No. -05 Page 8 of 10 similar design to that of the screen unless located in a service area not visible to the general public. If a seven -foot high screen fails to shield the exterior trash collection area from view from points inside or outside of the property, 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 all off -site visibility within five years. 4. Other Codes and Regulations: a. Outdoor sales are regulated through the temporary use permit process. b. The use of semi -trailers and shipping containers for storage is prohibited. C. Operations within enclosed buildings: All operations and activities shall be conducted within completely enclosed buildings, except: (1) off-street parking and loading; and (2) recreation facilities. d. These regulations do not relieve the owner from other applicable city, county, state or federal codes, regulations, laws or other controls relative to the planning, construction, operation and management of property within the City of Dubuque. H. 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 and agrees to comply with the conditions authorizing the establishment of the PUD District. Modifications Any modifications of this Ordinance must be approved by the City Council in accordance with zoning reclassification proceedings of Section 6 of the Zoning Ordinance. J. Recording A copy of this ordinance shall be recorded at the expense of the property owner(s) with the Dubuque County Recorder as a permanent record of the conditions accepted as part of this reclassification approval within 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 immediately upon publication, as provided by law. Passed, approved and adopted this 21 s t day of March 2005. Ordinance No. -05 Page 9 of 10 Attest: eanne F. Schnei er, City Clerk ACCEPTANCE OF ORDINANCE NO. 25 -05 I, Wendell Corey, representing Motor City, LLC, property owner, having read the terms and conditions of the foregoing Ordinance No. 25 -05 and being familiar with the conditions thereof, hereby accept the same and agree to the conditions required therein. Dated this R day of 4 v-� 2005. (&1nkP _. �s..... CoreyWendell CERTIFICATE OF CITY CLERK STATE OF IOWA } COUNTY OF DUBUQUE } I, Jeanne F. Schneider, do hereby certify that I am the duly appointed, qualified, and acting Clerk of the City of Dubuque, Iowa in the County aforesaid, and as such Clerk have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached Ordinance No. 25-05 is a correct copy of the original Ordinance No. 25-05 approved and adopted by the City Council of the City of Dubuque, Iowa, at a session held by said Council on the 21 st day of March, 2005. in Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa on this 22Id day of March, 2005. eanne F. Schneider, CIVIC City Clerk I! Ill I l 111 lllil llll III I III I III III! IIII II !II I IIII Illll 1111 Doc ID: 005440180012 Type: GEN Recorded,, 06/26/2006 at 04:09:48 PM Fee Amt: $62.00 Pape i of 12 Dubuque County Iowa Kathy Flynn Thurlow Recorder Fl1e2006-00009622 Prepared by: Laura Carstens, City Planner Address: 50 W. 13th St., City Hall Telephone: 589-4210 Return to: Jeanne Schneider. City Clerk Address: 50 W. 13th St., City Hall Telephone: 589-4120 ORDINANCE NO. 44 -06 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED NORTH OF PLAZA DRIVE FROM COUNTY A-1 AGRICULTURAL DISTRICT TO CITY OF DUBUQUE PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PC PLANNED COMMERCIAL DESIGNATION AND ADOPTING A CONCEPTUAL DEVELOPMENT PLAN CONCURRENT WITH ANNEXATION FOR MOTOR CITY, LLC.. Whereas, Motor City, LLC, property owner, has requested rezoning concurrent with annexation to the City of Dubuque in accordance with Section 2-3 of Appendix A (Zoning Ordinance) of the City of Dubuque Code of Ordinances; and Whereas, this request has been found to be consistent with the Comprehensive Plan and Future Land Use Map of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (The Zoning Ordinance-) of-the--ity—o-f Dubuque - - - Code of Ordinances is hereby amended by reclassifying the hereinafter -described property from Dubuque County A-1 Agricultural to City of Dubuque PUD Planned Unit Development with a PC Planned Commercial designation, and adopting a conceptual development plan, a copy of which is on file with the City of Dubuque Planning Services Department, for property legally described to wit:. West Y of the NW'/ of the NE % of Section 17, Township 89N, R2E, east'/2 of the NW'/ of the NE % of Section 17, T89N, R2E; Northeast % of the NE % of Section 17, T89N, R2E, and to the centerline of the adjoining public fight -of -way, all in the City of Dubuque, Iowa. Ordinance No. -06 Page 2 of 11 Section 2. Pursuant to Iowa Code Section 414.5 (2005) and as an express condition of this zoning reclassification, the undersigned property owner(s) agree to the following conditions, all of which the property owner further agrees are reasonable and imposed to satisfy the public needs that are caused directly by this zoning reclassification. X Definitions Building -related features: Building -related features are defined as all constructed 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 liquids, materials. fuels, gases and other 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 space and driveways to and from loading spaces. e. Parking spaces for company -owned commercial vehicles. f. Fire lanes. 3. Open space features: Open space features are defined as those _ exterior areas and developed features of the lot. These include: a. Landscape space containing lawn areas and plantings. b. Paved, hard surfaced pedestrian areas such as walkways, plazas, entryways and courtyards. C. Surface storm water detention areas not otherwise used for building -related or vehicle related purposes. d. Open recreation areas and recreation trail. e. Other non -building and non -vehicular related space. Ordinance No. -06 Page 3 of 11 B. Use Regulations The following regulations shall apply to all land uses in the above -described PUD District: 1. Principal permitted uses shall be limited to: a. Retail sales/services [17] b. General office [14] C. Indoor restaurant [20] d. Drive-in/carry-out restaurant [28] e. Gas station [18] f. Bank/savings and loans and credit unions [31 ] g. Indoor recreation [37] h. Schools of private instruction [4] i. Self-service car wash [8] j. Full -service car wash [8] k. Outdoor recreation [37] I. Auto sales and service [38] m. Auto service centers [34] n. Auto repair/body shop [35] o. Motorcycle sales/service [41 ] p. Truck sales/service/repair [39] q. Recreation vehicle sales/service [38] r. Business services [29] S. Office supply [19] t. Lumberyards/building material sales [19] U. Construction supplies, sales and service [19] V. Moving/storage facilities [33] w. Contractor shop/yard [33] X. Wholesale sales/distributor [29] y. Warehousing and storage facilities [33] Z. Freight transfer facilities [44] aa. Agricultural supply sales [19] bb. Mini -warehousing [47] — - - - - - - cc. Processing or assembly [33] dd. Landscaping services (not including retail sales as primary use) [29] [ ] Parking Group — see Section 4-2 of the Zoning Ordinance 2. Conditional uses shall be limited to the following: Ordinance No. -06 Page 4 of 11 a. Day care center, within a primary office/commercial building or as a stand-alone structure. Day care centers are subject to state and local regulations. Indoor floor area (excluding halls and bathrooms) must be provided per child in areas occupied by cribs as per State Code. 2. Indoor floor area (excluding halls and bathrooms) must be provided per child in areas not occupied by cribs times the licensed capacity as per State Code. 3. Fenced outdoor recreation space must be provided per child using the space at a given time as per State Code. 4. Such facility shall provide for the loading and unloading of children so as not to obstruct public streets or create traffic or safety hazards. 5. All licenses have been issued or have been applied for awaiting the outcome of the Board's decision. 6. No group day care center may be located within the same structure as any gas station, barttavern, automated gas station or any facility selling servicing, repairing or renting vehicles. 7. The parking group requirements can be met [8]. 8. The conditional use applicant certifies that the premises on which the group day care center will be located complies with, and will for so long as the group day care center is so located, continue to comply with all local, state, and federal regulations governing hazardous substances, hazardous waste and hazardous materials, including, but not limited to Iowa Code Chapter 455B (199T); 42 U.-S—C� Section 9601-of- the Federal Comprehensive Environmental Response Compensation and Liability Act; 40 C.F.R. section 3-2.4; and Section 302 of the Superfund Amendments and Reauthorization Act of 1986; and 9. If the applicant is subject to the requirements of Section 302 of the Superfund Amendments and Reauthorization Act of 1986, the Emergency Management Director shall certify whether or not the applicant has submitted a current inventory of extremely hazardous substances kept or stored Ordinance No. -06 Page 5 of 11 on the premises. If any such extremely hazardous substances are kept or stored on the premises, the applicant shall also post in a conspicuous place on the premises a notice indicating a description of the extremely hazardous substances, and the physical and health hazards presented by such substances. 3. Accessory uses shall be limited to any use customarily incidental and subordinate to the principal use it serves. 4. Temporary uses shall be limited to any use listed as a permitted use within the PUD District of a limited duration, as established in Section 2-5.3 and as defined in Section 8 of the Zoning Ordinance. C. Lot and Bulk Regulations Development of land in the PUD District shall be regulated as follows: All building -related features shall be in accordance with the following lot and bulk regulations: a. Maximum lot coverage shall be limited to 85% of the total lot area. All building and vehicle -related features shall be considered when calculating total land coverage. b. Maximum building height shall be 60 feet, except the following may exceed the height limit: cooling towers, condensers, elevator bulkheads, stacks and other necessary mechanical equipment and their protective housing. HVAC equipment is limited to 10 feet above 60 feet limitation subject to the provisions of adequate screening. C. Setbacks for buildings shall be as established for the C-3 General - _ Commercial District, set forth in Section 3-3.3 of the Zoning Ordinance. d. Parking lots fronting on a public or private street(s) shall be set back ten (10) feet from the adjacent right-of-way(s). D. Parking Regulations All vehicle -related features shall be surfaced with either asphalt or concrete. 2. Curbing and proper surface drainage of storm water shall be provided. Ordinance No. -06 Page 6 of 11 3. All parking and loading spaces shall be delineated on the surfacing material by painting stripes and other permanent means. 4. No on -street parking shall be allowed on streets within this PUD. 5. The number, size and design of parking spaces shall be governed by applicable provisions of City of Dubuque Code of Ordinances in effect at the time of development of the lot. 6. The number, size, design and location of parking spaces designated for persons with disabilities shall be according to the focal, state or federal requirements in effect at the time of development of the lot. 7. The location and number of private driveway intersections with public streets shall be established by the City of Dubuque. E. Landscaping Regulations Plant Materials: The open space area of each lot shall be planted with permanent lawn and ground covers, such as 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. The following provisions shall apply to each lot. a. Landscape plans are required as part of submittals for site plan review. Landscape plans are to include type, number and size of proposed plantings. As a minimum, the submitted landscape plan should include the following: 1. For every one (1) acre of lot size, four (4) trees shall be required with a minimum of eight (8) trees required for lots two (2) acres or less. Each required tree shall be at least 1 %z -2" caliper diameter deciduous and/or six foot high evergreen at planting. 2. Parking areas located adjacent to right-of-way shall be screened with a combination of trees, shrubs or berms to provide a landscape screen of 50% opacity and three feet in height within three years of planting. 2. All exposed soil areas remaining after the construction of building and vehicle -related features shall be planted with a permanent ground cover to prevent erosion. Within one year following completion of construction, or by the date that a building is issued an occupancy certificate by the Building Services Department of the City of Dubuque, whichever occurs first, required landscaping shall be installed. Ordinance No. -06 Page 7 of 11 3. The owner shall replant any and all plant materials which have died due to any cause during the effective period of this PUD Ordinance. F. Sign Regulations The provisions of Section 4-3 (Sign Regulations) of the Zoning Ordinance shall apply unless further regulated by this section. 2. Wall -mounted signs: a. Total aggregate square footage of wall -mounted signs is based on 15 percent of the front building wall area. Corner lots shall be allowed additional aggregate square footage based on five percent (5%) of the side building wall area. b. Number of signs: Maximum four (4) per building. No more than three (3) building walls shall have wall -mounted signs. C. Below eave or parapet. 3. Freestanding signs: a. Total allowed square footage: 100 square foot b. Maximum number: 1 C. Maximum height: 25 feet 4. Variance requests from sign requirements for size, number and height shall be reviewed by the Zoning Board of Adjustment in accordance with Section 5-3 of the Zoning Ordinance. 5. 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 ight source completely enclosed by the sign panel. 6. Motion: No signs may include any device or means, mechanical, electrical or natural, which shall cause motion of the sign panel or any part thereof. No flashing lights or changing colors shall be allowed. G. Performance Standards The development and maintenance of uses in this PUD District shall be established in conformance with Section 3-5.5 of the Zoning Ordinance and the following standards: Ordinance No. -06 Page 8 of 11 1. Site Lighting: a. Exterior illumination of site features shall be limited to the illumination to of the following: 1. Parking areas, driveways and loading facilities. 2. Pedestrian walkway surfaces and entrances to the building. 3. Screened storage areas. 4. Building exterior. b. Location and Design: 1. All exterior lighting shall be designed, installed and maintained so as not to cause glare or to shine into adjacent lots and streets. 2. All exterior lighting luminaries shall be designed and installed to shield light from the luminaire at angles above 72-degrees from vertical. 3. A lighting plan shall be included as part of the site plan submittals that indicates types of lights used and ground light pattern for lighting of building and parking --related features. 4. Fixtures mounted on a building shall be positioned no higher than the roofline of the building_ 5. Wooden utility -type poles are acceptable only for temporary use during construction. 6. All electrical service lines to posts and fixtures shall be underground or concealed inside the posts. 2. Utility Locations: — — — a. Service lines: All electrical, telephone, cable and other similar utility lines serving the building and other site features shalt be located underground. b. Mechanical Equipment: All air conditioning units, heat pumps and other similar mechanical equipment, not including roof -mounted mechanical equipment shall be screened from view. Mechanical equipment shall be screened in such a manner that it will appear to be an integral part of the building's overall architectural design. Wooden Ordinance No. -06 Page 9 of 11 fencing of at least 50% opacity, masonry walls or plantings may be used to visually screen mechanical equipment. C. Exterior trash collection area shall be located in rear or side yards only. d. All exterior trash collection areas and the materials contained therein shall be visually screened from view. The screening shall be wood or masonry fence, wall or other feature not exceeding a height of seven (7) 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. All exterior entrances to a screened trash area shall be provided with a gate or door of similar design to that of the screen unless located in a service area not visible to the general public. If a seven -foot high screen fails to shield the exterior trash collection area from view from points inside or outside of the property, 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 all off -site visibility within five years. 4. Other Codes and Regulations: a. Outdoor sales are regulated through the temporary use permit process. b. The use of semi -trailers and shipping containers for storage is prohibited. C. Operations within enclosed buildings: All operations and activities shall be conducted within completely enclosed buildings, except: (1) off- street parking and loading; and (2) recreation facilities. d. These regulations do not relieve the owner from other applicable city, county, state or federal codes, regulations, laws or other controls -relative- to the planning, construction, operation and management of property within the City of Dubuque. -- - H. 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 and agrees to comply with the conditions authorizing the establishment of the PUD District. Modifications Ordinance No. -06 Page 10 of 11 Any modifications of this Ordinance must be approved by the City Council in accordance with zoning reclassification proceedings of Section 6 of the Zoning Ordinance. J. Recording A copy of this ordinance shall be recorded at the expense of the property owner(s) with the Dubuque County Recorder as a permanent record of the conditions accepted as part of this reclassification approval within 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 immediately upon publication, as provided by law. Passed, approved and adopted this 19 t h day of June 2006. Roy D. uol, Mayor Attest: �/eanne F. Schneider, City Clerk 06/15/2006 14;11 FAX 1 641 422 7731 CUKEY DEVELUMEI r jun' 1.S 06 08:17a 49vuz P-12 ACCEPTANCE OF ORDINANCE NO. 41-1 -n6 !, Weridefl Corey, representing Motor City, LLC, prope owner, having read the terms and conditions of the foregoing Ordinance No. �% -06 and being famifiw with the conditions thereof hereby accept the same and agree to the conditions required therein. gated this 1� day of ,C�'�/ 2006. By: _- Wendel! Corey CERTIFICATE OF CITY CLERIC STATE OF IOWA COUNTY OF DUBUQUE I, Jeanne F. Schneider, do hereby certify that I am the duly appointed, qualified, and acting Clerk of the City of Dubuque, Iowa in the County aforesaid, and as such Clerk I have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached Ordinance No. 44-06 is a correct copy of the original Ordinance No. 44-06 approved and adopted by the City Council of the City of Dubuque, Iowa, at a session held by said Council on the 19tt' day of June, 2006. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa on this 215t day of June, 2006. 4. r +e�jx t eanne F. Schneider, CMC City Clerk YHERRIG RESIDENTIAL pEYELDPINi=FiT - 1`y t DUB L1E COUNTY _ Na FF 'Dfi p CIE COUNTY . E µ �y' ,I ' v ucrd �� •ne gi2N ' ! ; .. _` : 0 ` , 1 I , Y t. �� a = • , Ix, r i CITY OFF _ T+s- • wa? - . 'c .l_ ' i. • ASBURYMM ,�:•,� - z�, _ i Qf �OU8t1QUfe - - _ -' _ �AS134iil4LA7A' cam ': 4 •yam ��' {{ ,�. DUBUOUE COUNTY- r.'•'• A Fitf it .y' a -•�. I _ r r.x .. _. +.,,.. .. . ��"•.. r,i.r,�,pa�' 4r ti +CITY QA 115BURY •w ��, � �- •a.-- t� � !• a 11WL GrNEER5& NORTH.,g n+"NI'R1' YI.A•I.A QEA ti'I'1.1�1 •i. + '•I��I'q 1TIn� d _ _ _. ? SURVEYORS, B.C. 1fAav>:�Aran Irnrnu rnnei„S.I� r, 111 (.-rAnasa - - VfiASfli[I.[T1It£-I�k'f 20M: f � ' I I I Leaa1 Descriptions: HOUSING 1.] 17 T89N R2E W % NW NE - 20 A— DEVELQPMENT I 2.}17T89NR2EEXe NW NE-20Acres 3.} 17 T89N R2E NE NE - 40 Acres -Addresses to yet be determined by dty- I � I I ` Property �wpers: ' i tide: Thy Priperty was equied o t.}1911290091 Honig. John & Sallie Jo by hmmr OlY, u,C weak 13750 &me'y' lane of Feheuary27, 2W Dubuque, la 52002 I 2.j1017290002 Motor City LLC i 825 South Taft Ave. Masan City, la 56401 Phone: 641d24-3330 l.oY w t 3.j 10172DDD03 Castes, Ueuglas M. & Elleen G tl06: Thle PmPwh ras awked LOT LOT 13102 Derby Grange M hmmrCity, LLC week Lon Imo ��, Dubu w, in 52002 of March B, 2DOB Notes: -Proposed construrk m and Wdmaping schedule to be determined Lon as property is developed. bras' - LOT Existing use Is agricultiaal. Proposed uses for all bulfdirgs and I na p1 sWdures cry be determined by PUD zornng and deed restrictloris zac ace LQf Lm LD'r pr LOT rya cry - All other paved sla(soes, proposed parVung, and traihc drCulsllion N0� 3r AGP�s Will be determined by development under PUD zoning and dead r r 1 I. �:� resbic6ons. ® - Future build�rcys. signs. Of struclureswtll 6e determined by wr development under PUD zoning and dead restricsons. LOI L41 lei A ps nerx xn ip eymyra:a. LOi e0i w' �. iu' _ iti To amend a Planned Unit Development (Asbury Business Plaza —Plaza Drive PIN 1017200012) to include PR Planned Residential Staff Presentation to City Council October 17, 2022 bu6uv ue THELTfY 6F II'� trm� Masterpiece an thehRis .7ppi 2017.2Q19 Vicinity Map �yAb City of Dubuque Applicant: Talon LLORobert Smith. VP Development Location: Plaza Drive. PIN 1017200012 Request type: Amend Planned Unit Development — Quasi-Judiciall Description: To amend a Planned Unit Development to include PR Planned Residential. F—ISubject Property PUD City limits N A G "0 I'M 2,7Q7 Feet i:10.o00 i 1 1 �.1. I J al.... im L u.l.ei [twlniq smo�sw.yu, u.uu[ml.nco.. 1 1 im s, iai s,.m� s, Y[at • 1oi 1 1 1 L.00 Leas i�as Lomax. 4.au iAs.11lx ww xaRsmssw�ua�s[wi.W[saum'.ptx L�TIaF K mow.[ [eMrA.ao.�� uxxan � 1 � �F .r anvl.cu� � I TP,h slIIISKWIYo ae•..i lvimm�fa4 Storage area 13 — 30 Unit Apartment Buildings (390 total units) Clubhouse— Swimming Pool, Playground, Dog Park I Storage Area I I Detached Garages eL.L[yS nu rs c2., Questions? a•� /,�� 'k} .. � �'�: � �, ,,� � �� _� % �� / ,. it `�� / ; , `, n N 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: 10/07/2022 and for which the charge is 33.12 Leis%y611/`"C Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this 7th day of October, 2022 Notary P in and for Dubuque County, Iowa. JANET K. PAPE Commission Number 199889 6y 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 17th day of October, 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 Tara Duggan to rezone property located at Pennsylvania Avenue, PIN 1019376001 & 1019400009 from AG Agriculture to OR Office Residential. AMEND PLANNED UNIT DEVELOPMENT 1. "Request from Talon LLC/Robert Smith, VP Development for property located at Plaza Drive, PIN 1017200012 to amend a Planned Unit Development to include PR Planned Residential. 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.com/AgendaPublic/ or by contacting the City Clerk's 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 Clerk's 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 10/7 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: 10/21/2022 and for which the charge is 98.92 Subscribed to before nie, a Notary Publiand for Dubuque County, Iowa, this 24th day of October, 2022 0 Notary ' • in and for Dubuque County, Iowa. 044. r JANET K. PAPE Commission Number 199859 My Comm. Exp. DEC 11, 2022 Ad text : OFFICIAL PUBLICATION ORDINANCE NO. 34-22 EXECUTIVE SUMMARY THE ORDINANCE IN ITS ENTIRETY IS ON FILE IN THE OFFICE OF THE CITY CLERK, 50 W. 13TH STREET, DUBUQUE, AND MAY BE VIEWED DURING NORMAL BUSINESS HOURS OF 8:00 AM TO 5:00 PM MONDAY to FRIDAY. AN ORDINANCE AMENDING TITLE 16 OF THE UNIFIED DEVELOPMENT CODE OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RESCINDING ORDINANCE 25-05 AND ORDINANCE 44-06 WHICH PROVIDES REGULATIONS FOR A PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PC PLANNED COMMERCIAL DESIGNATION FOR THE ASBURY PLAZA BUSINESS PARK AND ADOPTING AMENDED PUD ORDINANCE WITH PC PLANNED COMMERCIAL AND PR PLANNED RESIDENTIAL DESIGNATIONS 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 rescinding Ordinance 25-05 and Ordinance 44-06 for the hereinafter described property which provides regulations for a Planned Unit Development District with a PC Planned Commercial District designation the Asbury Plaza Business Park and adopting amended Planned Unit Development ordinance with PC Planned Commercial and PR Planned Residential District for the following property legally described, to wit: Lot A and Lot 1 of Asbury Plaza No. 21, all in the City of Dubuque, Iowa, according to the recorded plat thereof. Section 2. Attached hereto and made a part of this zoning reclassification approval is Exhibit A which contains a Zoning Designation Map for the Asbury Business Park including the previously approved Conceptual Development Plan for the PC Planned Commercial zoning area. Also attached is Exhibit B which contains a Conceptual Development Plan for the area to be rezoned PR Planned Residential. It is recognized that minor shifts or modifications to the Conceptual Development Plans may be necessary and compatible with the need to acquire workable street patterns, grades, and usable building sites. The conceptual layouts, including the requirements, shall be used as an implementation guide. Section 3. Pursuant to Iowa Code Section 414.5 and as express condition of this zoning reclassification, the undersigned property owner(s) agree to the following conditions, off of which the property owner further agrees are reasonable and imposed to satisfy the public needs that are caused directly by this zoning reclassification. 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: The following regulations shall apply to all land uses in the above -described PUD District Zone A: PC Planned Commercial zoning designation Principal Permitted Uses shall be limited to: a. "Retail sales/services b. "General office c. "Indoor restaurant d. "Drive-in/carry-out restaurant e. "Gas station f. "Bank/savings and loans and credit unions g. "Indoor recreation h. "Schools of private instruction i."Self-service car wash j. "Full -service car wash k. "Outdoor recreation 1."Auto sales and service m. "Auto service centers n. "Auto repair/body shop o. "Motorcycle sales/service p. "Truck sales/service/repair q. "Recreation vehicle sales/service r. "Business services s. "Office supply t. "Lumberyards/building material sales u. "Construction supplies, sales and service v. "Moving/storage facilities w. "Contractor shop/yard x."Wholesale sales/distributor y. "Warehousing and storage facilities z."Freight transfer facilities aa." Agricultural supply sales bb. " Mini -warehousing cc. Processing or assembly dd. Landscaping services (not including retail sales as primary use) ee. Licensed Childcare Center Accessory uses shall be limited to any use customarily incidental and subordinate to the principal use it serves. Temporary Uses shall be limited to any use listed as a permitted use within the PUD District of a limited duration, as established in Section 3-19 and as defined in Chapter 3 of the Unified Development Code. Zone B: PR Planned Residential zoning designation Principal Permitted Uses shall be limited to: a. "Multi -family residential dwelling b. "Storage/Mini-storage associated with the multi -family residential use only c. "Private club house with recreational activities including a pool, dog park, park/recreation playground, and open space, all specifically associated with the multi -family residential use only. Accessory uses shall be limited to any use customarily incidental and subordinate to the principal use it serves. Temporary Uses shall be limited to any use listed as a permitted use within the PUD District of a limited duration, as established in Section 3-19 and as defined in Chapter 3 of the Unified Development Code. [For purposes of this Ordinance, the following terms shall have specific meaning. Full text is on file in the Office of the City Clerk.] C. "Lot and Bulk Regulations D. "Parking and Loading Regulations E. "Landscaping Regulations F. "Site Lighting G. "Sign Regulations H. "Performance Standards I."Utility Locations J. "Exterior Trash Collection Areas K. "Other Codes and Regulations 1. "Outdoor sales are regulated through the temporary use permit process. 2. "The use of semi -trailers and shipping containers for storage is prohibited. 3. "Operations within enclosed buildings: All operations and activities shall be conducted within completely enclosed buildings, except: (1) off-street parking and loading; and (2) recreation facilities. 4. "These regulations do not relieve the owner from other applicable city, county, state or federal codes, regulations, laws or other controls relative to the planning, construction, operation and management of property within the City of Dubuque. L. "Ordinance History 1. "Ord. 25-05: Established a Planned Unit Development for the southern portion of Asbury Plaza Business Park 2. "Ord. 44-06: Established a Planned Unit Development for the northern portion of Asbury Plaza Business Park - M."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 and agrees to comply with the conditions authorizing the establishment of the PUD District. N. "Modifications Any modifications to this Ordinance must be approved by the City Council in accordance with the Zoning Reclassification proceedings of Section 9-5 of the Unified Development Code. O. "Recording A copy of this ordinance shall be recorded at the expense of the property owner(s) with the Dubuque County Recorder as a permanent record of the conditions accepted as part of this reclassification approval within 10 days after the adoption of this ordinance. This ordinance shall be binding upon the undersigned and his/her heirs, successors and assigns. Section 4. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 5. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved, and adopted this 17th day of October, 2022. /s/Brad M. Cavanagh, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 21 st day of October, 2022. /s/Adrienne N. Breitfelder, City Clerk It 10/21