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Amend Dubuque Technology Park Planned Unit Development_HearingCity of Dubuque City Council Meeting Public Hearings # 02. Copyrighted January 17, 2023 ITEM TITLE: Amend Dubuque Technology Park Planned Unit Development SUMMARY: Proof of publication on notice of public hearing to consider City Council approval of a request from Joe Meyers, I mOn Communications, to amend the Dubuque Technology Park Planned Unit Development, located at 10490 Lake Eleanor Drive, to accommodate a fiber optic hub, and Zoning Advisory Commission recommending approval. SUGGESTED DISPOSITION: ATTACHMENTS: Description ZAC Memo to CC Ordinance Effect of Amendment ORDINANCE Amending Title 16 Unified Development Code of the City of Dubuque Code of Ordinances by rescinding Ordinance 13-08 and adopting the Amended Dubuque Technology Park Planned Unit Development Ordinance with Planned Industrial Designation and Conceptual Plan Suggested Disposition: Receive and File; Motion B; Motion A Application ZAC Staff Report Final Plat - DBQ Technology Park Type Staff Memo Ordinance Supporting Documentation Staff Memo Staff Memo Staff Memo Vicinity Map Staff Memo Planning Services Department City Hall 50 West 13t" Street Dubuque, IA 52001-4864 (563) 589-4210 phone (563) 589-4221 fax (563) 690-6678 TDD planning@cityof dubuque.org THE COF DUi! B E Masterpiece an the Mississippi The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 13t" Street Dubuque IA 52001 Dubuque 2007,2012.2013 2017*2019 January 6, 2023 Applicant: Joe Meyers, ImOn Communications Location: 10490 Lake Eleanor Drive Description: To amend the Dubuque Technology Park Planned Unit Development to accommodate a fiber optic hub 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, Joe Meyers, 683 6t" Avenue, Conroy, IA, spoke on favor of the request on behalf of ImOn Communications. He noted that they are looking to place a new hub on the south side of the city and that the small property within the Dubuque Technology Park is a good location for them. He noted it would be a precast 12' by 20' structure similar to the one constructed at the City Fire Station at 32nd Street and Central Avenue. Staff detailed the staff report noting that ImOn Communications has been working with the city and the Greater Dubuque Development Corporation to find a location for a fiberoptic hub on the south side of the city. Staff noted the subject site is a small, triangular piece of property that currently contains overhead power lines and some other utilities. Staff stated the subject site is located within the Dubuque Technology Park Planned Unit Development (PUD) and is currently identified as public open space within the PUD. The PUD would require an amendment to include a new land use zone that would allow the subject site to be utilized for the proposed project. City staff has reviewed the proposed hub location for compliance with City codes. In addition to the proposed new land use zone, the amended PUD would include an ordinance and updates to the Unified Development Code (UDC) references as the existing PUD references a prior version of the UDC. There was no public input. The Zoning Advisory Commission discussed the request finding it appropriate. Service People Integrity Responsibility Innovation Teamwork The Honorable Mayor and City Council Members Page 2 Recommendation By a vote of 5 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, Matt Mulligan, Chairperson Zoning Advisory Commission Attachments Service People Integrity Responsibility Innovation Teamwork Prepared by: Wally Wernimont. City Planner Address: City Hall. 50 W. 13th St Telephone: 589-4210 Return to: Adrienne Breitfelder. City Clerk Address: City Hall- 50 W.13th St Telephone: 589-4121 ORDINANCE NO 3 - 23 AN ORDINANCE AMENDING TITLE 16 UNIFIED DEVELOPMENT CODE OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RESCINDING ORDINANCE 13- 08 AND ADOPTING THE AMENDED DUBUQUE TECHNOLOGY PARK PLANNED UNIT DEVELOPMENT ORDINANCE WITH PLANNED INDUSTRIAL DESIGNATION AND CONCEPTUAL PLAN NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the Dubuque Code of Ordinances, Unified Development Code, is hereby amended by rescinding Ordinance 13-08 and adopting amended Dubuque Technology Park Planned Unit Development with PI Planned Industrial designation ordinance and conceptual plan for the following property legally described, to wit: Lots, A, B. C, D and E Lots 1, 3 and 4 of Block 1 Lots 1, 2, 3, 4, 5, 6, 7, 8, 1- 10, 11, and 12 of Block 2 all in Dubuque Technology Park; Lots 1 and 2 of Dubuque Technology Park No. 2; Lot 1-1 and Lot 2-1 of Dubuque Technology Park No. 3; Lots 1 and 2-Dubuque Technology Park No. 4, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. B. 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 of liquids, fuels, gases, and other materials. Dubuque Technology Park Planned Unit Development Ordinance Page 2 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 which include: a. Landscaped 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 recreational trail. e. Other non -building and non -vehicular related space. 4. "Carry -out Restaurant' - shall mean an establishment where all of the meals or food are prepared for customers to take out of the establishment. 5. 'Properties" shall mean and refer to each and every parcel, and all portions thereof, of the real property herein before described and such additions thereto as may be hereafter added. 6. "Lot' shall mean and refer to any plot of land, except Public Areas and public rights -of way, shown upon any recorded Subdivision Plat of the Properties. 7. "Owner" shall mean and refer to the record titleholder, whether one or more persons or entities, of fee simple title to any Lot which is a part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. 8. 'Public Areas" shall mean and refer to the landscaped areas, recreational trail, park lands and storm water retention and detention areas as identified by the plat attached hereto as Lots D and E and hereby made a part of this Declaration the ownership of which shall be retained by the City of Dubuque. The Public Areas shall be open to the public for the use and enjoyment of the public. C. Use Regulations The following regulations shall apply to all uses made of land in this PUD District: Dubuque Technology Park Planned Unit Development Ordinance Page 3 Zone A: General Purpose and Description: Properties denoted on Attachment A as Zone A are intended to provide space for corporate offices, professional offices, and technology -oriented companies involved with software development, information technologies and other emerging technologies. 1. Principal permitted uses within Zone A shall be limited to: a. Public or quasi -public utilities including substations b. General offices c. Medical/dental lab d. Mail order houses e. Printing and publishing f. Laboratories for research or engineering Parking shall be provided in accordance with Chapter 14 of the Unified Development Code. 2. Conditional uses shall be limited to: a. Licensed child care center within the principal structure of a permitted use or in an accessory structure on the same lot. Licensed child care centers are subject to state and local regulations; 1. All applicable State requirements must be met; 2. Such facility shall provide for the loading and unloading of children so as not to obstruct public streets or create traffic or safety hazards; 3. All license(s) have been issued or have been applied for awaiting the outcome of the Board's decision; 4. The parking group requirements must be met; 5. The conditional use applicant certifies that the premises on which the licensed child 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 wastes, 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 302.4, and Section 302 of the Superfund Amendments and Reauthorization Act of 1986; and 6. 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 Dubuque Technology Park Planned Unit Development Ordinance Page 4 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: a. Retail outlets within the principal structure of a permitted use, selling products produced on -site and only as accessory to the principal use. b. Any use customarily incidental and subordinate to the principal use it serves. c. Licensed child care centers shall not be allowed as an accessory use. Zone B: General Purpose and Description: Properties designated as Zone B can be developed for office and technology -oriented businesses as in Zone A or a limited amount of commercial development. 1. Principal permitted uses shall be limited to: a. Public or quasi -public utilities, including substations. b. General Offices c. Medical/dental lab d. Mail order houses e. Printing and publishing f. Laboratories for research or engineering g. Business services h. Retail/dry cleaner within a primary building only i. Indoor restaurant j. Carry -out restaurant within a primary building only k. Drive -up automated bank teller within a primary building only I. Banks, savings and loans, and credit unions within a primary building only Parking shall be provided in accordance with Chapter 14 of the Unified Development Code. 2. Conditional uses shall be limited to: a. Licensed child care center 1. All applicable State requirements must be met; 2. Such facility shall provide for the loading and unloading of children so as not to obstruct public streets or create traffic or safety hazards; 3. All license(s) have been issued or have been applied for awaiting the outcome of the Board's decision; 4. The parking group requirements must be met - [8]; Dubuque Technology Park Planned Unit Development Ordinance Page 5 5. The conditional use applicant certifies that the premises on which the licensed child 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 wastes, 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 302.4, and Section 302 of the Superfund Amendments and Reauthorization Act of 1986; and 6. 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: a. Any use customarily incidental and subordinate to the principal use it serves. 4. Temporary uses shall be limited to: a. Any use listed as a permitted use within this PUD District of a limited duration as established and as defined in Chapter 3-19 of the Unified Development Code. Zone C: General Purpose and Description: Properties designated as Zone C can be developed for public or quasi -public utilities. 1. Principal permitted uses shall be limited to: a. Public or quasi -public utilities, including substations and fiber optic hubs. D. Lot and Bulk Regulations Development of land in the PUD District shall be regulated as follows: 1. All building structures and activities shall be located in conformance with the attached conceptual development plan and all final site development plans shall be approved in accordance with provisions of the PUD District regulations of this ordinance and of Chapter 5-24 of the Unified Development Code. 2. All building -related features shall be in accordance with the following lot and bulk regulations: Dubuque Technology Park Planned Unit Development Ordinance Page 6 a. Maximum lot coverage shall be limited to 80%. All building and vehicle - related features shall be considered when calculating total land area coverage. b. Setbacks: >- Minimum front yard setback along Highway 61/151=25 ft. >- Minimum front yard setback along Lake Eleanor Rd=50 ft. >- Minimum front yard setback on internal streets = 50 ft. >- Minimum side yard setback = 25 ft. >- Minimum rear yard setback = 25 ft. >- Minimum front yard setback within Zone C = 15 ft. c. Within required front, side and rear setbacks, only driveways, fire lanes, open space features, and primary and secondary signage are allowed. Parking lots may encroach up to 25 feet into a 50-foot front yard setback, provided additional screening is provided as required in the Landscaping Regulations section of this PUD Ordinance. E. Parking Regulations 1. All vehicle -related features shall be surfaced with either asphalt or concrete. 2. Curbing and proper surface drainage of stormwater shall be provided. 3. All parking and loading spaces shall be delineated on the surfacing material by painted strips or other permanent means. 4. The number, size and design of parking spaces shall be governed by applicable provisions of City of Dubuque Ordinances enforced at the time of development of the lot. 5. 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. 6. The location and number of private driveway intersections with public streets shall be established by the City of Dubuque. Access to all lots shall be limited to the internal streets of this PUD District. 7. No on -street maneuvering of delivery vehicles will be allowed on any type of through street. Lots adjoining through streets shall provide all necessary maneuvering space for delivery vehicles within the boundaries of the lots. F. Landscaping Regulations 1. Plant Materials. The open space of each lot shall be planted with permanent lawn and ground covers, shrubs and trees. It is the intent of these regulations that the development of required open spaces shall reflect a high quality of environmental design. The following provisions shall apply for each lot. Dubuque Technology Park Planned Unit Development Ordinance Page 7 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: > No vehicle -related features except driveways and fire lanes shall be allowed within 25 feet of the of the property line. > For every one (1) acre of lot size, four (4) trees shall be required to a maximum of 40 trees. Each required tree shall be at least two (2) inches in diameter at planting. > Shrubs shall be used to screen parking areas and provide accent around buildings. Shrubs shall be of varieties approved for this PUD District and listed in the covenants for this PUD District. > Parking areas located in front yards shall be screened with a combination of trees, shrubs or berms to provide a landscape screen of 25% opacity. > Parking areas located in front yards and encroaching up to 25 feet into a 50- foot front yard setback shall be screened with a combination of trees, shrubs and berms to provide a landscape screen of 50% opacity. 2. The installation of required planting materials may be phased in direct proportion to the phasing of building construction. 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 (1) year following completion of construction, or by the date that a building is issued an occupancy certificate by the Building Safety Department of the City of Dubuque, whichever first occurs, required landscaping shall be installed. 3. The lot owner is required to replant any and all plant materials which have died due to any cause during the effective period of this PUD Ordinance. 4. The area between the public street and the right-of-way line shall be planted with grass and maintained by the lot owner. In addition, the lot owner will maintain City installed street trees planted between the street and the right -of- way line, including replacing trees that have died due to any cause. 5. Pedestrian access: Permanent hard -surfaced walkways shall be installed and maintained by the owner for purposes of pedestrian movement between all parking areas and functioning entries and exits of the buildings. 6. PUD District landscaping: Landscaping of this PUD District shall be in accordance with the landscape plan, a copy of which is attached and made a part of this PUD Ordinance. Dubuque Technology Park Planned Unit Development Ordinance Page 8 G. Sign Regulations 1. Applicability of City of Dubuque Ordinances: Chapter 15 of the Unified Development Code Sign Regulations shall apply unless further regulated by this section. 2. Off -Premise Signs: No off -premise signs shall be erected or constructed on the property of this PUD District or on any of the private lots or buildings within this PUD District. 3. On -Premise Signs: a. Allowable content: signs messages and graphics shall be limited to the following contents: 1. PUD District signs > Entrance signs > Directory signs > Street address 2. Primary signs > Identification of company name > Identification of company products or services by generic name only > Street address > Graphic symbol or logo identified with the company 3. Secondary signs > Directional messages necessary for the safe and efficient flow of vehicular and pedestrian traffic on > Identification of visitor entrances to the building, shipping and receiving docks and other delivery > Identification of assigned parking spaces and parking spaces accessible to persons with disabilities > Temporary announcements of pending or new construction > Commemorative messages b. Allowable Structural Types: 1. PUD District signs > Monument -style 2. Primary signs > Wall -mounted > Monument -style 3. Secondary signs > Wall -mounted > Monument -style c. Maximum number of signs: Dubuque Technology Park Planned Unit Development Ordinance Page 9 1. PUD District signs > Not to exceed a total of six (6) signs in PUD District 2. Primary signs > One (1) wall -mounted sign per street frontage per business > One (1) monument -style sign per lot location; restricted to frontages on interior streets only. 3. Secondary signs > No maximum number d. Maximum Sign Area: 1. PUD District signs > Entrance signs: 200 square feet per sign face > Directory signs: 30 square feet per sign face 2. Primary signs > Wall -mounted sign: 15% of the area of the building wall upon which it is mounted > Monument -style signs: 100 square feet per sign face 3. Secondary signs > Limited to six (6) square feet e. Height Regulations: 1. PUD District sign > 12 feet, measured from average grade to top sign structure 2. Primary signs > 10 feet, measured from average grade to top of structure 3. Secondary signs > 6 feet, measured from average grade to top of sign structure f. Variance requests from sign requirements for sign, number and height shall be reviewed by the Zoning Board of Adjustment in accordance with Chapter 8-6 of the Unified Development Code. g. Lighting: PUD District Signs and primary and secondary 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. h. Motion: No signs may include any device or means, mechanical, electrical or natural, which shall cause any motion of the sign panel or any part thereof. No flashing lights or changing colors shall be allowed. Dubuque Technology Park Planned Unit Development Ordinance Page 10 H. Performance Standards The development and maintenance of uses in this PUD District shall be established in conformance with Chapter 13 of the Unified Development Code and the following standards: 1. Site Lighting a. Exterior illumination of site features shall be limited to the illumination of the following: i. Parking areas, driveways and loading facilities. ii. Pedestrian walkway surfaces and entrances to building. iii. Screened storage areas. iv. Building exterior. b. Location and Design: 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. No light source shall provide illumination onto adjacent lots, buildings or streets in excess of 1.0 foot candle. iii. All exterior lighting luminaires shall be designed and installed to shield light from the luminaire at angles above 72 degrees from vertical. iv. A lighting plan shall be included as part of site plan submittals that indicates types of lights used and ground light pattern for building lighting of building and parking related features. v. Fixtures mounted on a building shall not be positioned higher than the roof line of the building. vi. The top of post mounted free-standing fixtures shall not be higher than 30 feet above the ground. vii. Wooden utility type poles are acceptable only for temporary use during construction. viii. All electrical service lines to posts and fixtures shall be underground and 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 electrical transformers, switching gear, relay boxes, meters, air conditioning units, heat pumps and other similar mechanical equipment, 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. Fencing of at least 50% opacity, masonry walls, or plantings may be used to visually screen Dubuque Technology Park Planned Unit Development Ordinance Page 11 mechanical equipment. 3. The recreational trail shall be placed six (6) feet behind the curb parallel to the street on the north side of the cul-de-sac street and the east side of the major street that runs north to south to link the perimeter recreational trail. The recreational trail shall be internal to this PUD District and shall not be placed on the north side of Lake Eleanor Road. The recreational trail shall be placed in accordance with the conceptual development plan. 4. Final site development plans shall be submitted in accordance with Chapter 12 of the Unified Development Code prior to construction of each building and vehicle -related feature unless otherwise exempted by Chapter 12. 5. Stormwater Conveyance: The developer of each lot shall be responsible for providing surface or subsurface conveyance(s) of storm water from the lot to existing storm sewers or to flow line of open drainageways outside the lot in a means that is satisfactory to the Public Works Department of the City of Dubuque. 6. Maintenance Assessments a. City shall levy against the Properties in each assessment year an annual assessment for the purpose of paying fifty percent (50%) of the actual costs of City's maintenance and repair of the Public Areas and the actual costs associated with maintaining and lighting entrance signs. Said assessment may also include the establishment of a capital improvements reserve fund for such purposes. Upon establishment of such assessment levy, each Owner shall pay to City a pro rata share (as hereinafter defined) of such assessment levy, b. If such pro rata share is not paid within thirty (30) days of its due date, the amount of such pro rata share shall become a lien upon the Lot obligated to pay the same and shall bear interest from the due date at the highest legal contract rate applicable to a natural person. City may bring an action at law against any Owner obligated to pay the same, or foreclose the lien against the Lot. The Owner shall also be obligated to City for City's costs and reasonable attorney's fees of any collection efforts. No Owner may waive or otherwise avoid liability for an assessment provided herein by non-use of the Public Areas or abandonment of a lot. c. An Owner's pro rata share shall be equal to a fraction, the numerator of which shall be the gross square feet area of the Lot owned by the Owner and the denominator of which shall be the gross square feet area of the Properties exclusive of the Public Areas and public rights - of way. d. Other applicable regulations enforced by the City of Dubuque Dubuque Technology Park Planned Unit Development Ordinance Page 12 relative to stormwater management and drainage shall apply to properties in this PUD District. 7. The conceptual development plan shall serve as the preliminary plat for this PUD District. Subdivision plats and improvement plans shall be submitted in accordance with Chapter 11 Land Subdivision, of the Unified Development Code. 8. Operations within enclosed buildings: All operations and activities shall be conducted or maintained within completely enclosed buildings, except: a. Off-street parking and loading spaces. b. Employee recreational facilities. c. Outdoor or exterior storage. 9. Noises generated within this PUD District shall be regulated by Title 6, Chapter 5 Noises, of the City of Dubuque Code of Ordinances. 10. All loading docks for shipping and receiving of raw and manufactured goods shall be designed to provide for the direct movement of goods between the delivery vehicle and the interior of the building. Loading docks shall generally be restricted to the rear fa9ade of a building. Loading docks may only be allowed on a side facade of a building with approval granted through the design review process provided in the Dubuque Technology Park covenants. Buildings located on corner lots shall provide screening that visually obscures the dock from both street frontages, including any trucks positioned at the dock. No visually exposed platform docks shall be allowed except within fully screened storage areas. An effective 50% screening of loading doors and docks, measured from ground level to a height of at least 20 feet, shall be provided through the use of earthen berms and plantings. 11. Exterior Storage: a. Exterior storage is prohibited in this PUD District. 12. Exterior Trash Collection Areas: a. The storage of trash and debris shall be limited to that produced by the principal permitted use, conditional uses and accessory uses of the lot. b. The ground area coverage of exterior trash collection areas shall be the area contained inside the required screening and this area shall be considered a building -related feature for purposes of calculating total land area coverages. c. Exterior trash collection areas shall be located in the 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 completely opaque fence, wall or other feature not exceeding a height of 10 feet measured from the ground level outside the line of the screen. Dubuque Technology Park Planned Unit Development Ordinance Page 13 Screens built on sloping grades shall be stepped so that their top line shall be horizontal. Exposed materials used to construct the opaque screen shall be similar in appearance to materials used for exterior building walls. All exterior entrances to a screened trash area shall be provided with a gate or door of similar design to that of the screen. If a 10-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 (5) years. 13. Street lighting: Street lights shall be installed in accordance with City of Dubuque standards. 14. Flood Plain Regulations: The area of this PUD District that lies within the flood plain of Granger Creek shall be subject to the regulations of Chapter 6-4 of the Unified Development Code. 15. Phased Construction of Buildings and Parking Spaces: The construction of off- street parking spaces may be phased in proportion to the percentage of total building floor area constructed at any one time. Ground area set aside for future parking, loading spaces or driveways or for parking provided in excess of the minimum required number of parking spaces shall not reduce the minimum required area for open space. 16. Other Codes and Regulations: These regulations do not relieve an owner from other applicable city, county, state and federal codes, regulations, laws and other controls relative to the planning, construction, operation and management of property in the Dubuque Industrial Center/South. I. Open Space and Recreation Area These areas designated on the conceptual development plan as 'open" shall be maintained as open space, as defined by Chapter 2 of the Unified Development Code by the property owner and/or association. The recreational trail shall be maintained by the property owner and/or association. J. Ordinance History 1.Ord. 27-97: Rezoning from AG Agricultural District to Planned Unit Development with a Planned Industrial designation. 2. Ord. 13-08: Amend from Planned Unit Development to Planned Unit Development with conditions and changed the name of the PUD district to Dubuque Technology Park. K. Transfer of Ownership Transfer of ownership or lease of property in this PUD District shall include in Dubuque Technology Park Planned Unit Development Ordinance Page 14 the transfer or lease agreement a provision that the purchaser or lessee acknowledges the existence of this PUD District and the restrictions and conditions existing in this PUD District. L. Modifications Any modifications of this Ordinance must be approved by the City Council in accordance with zoning reclassification proceedings of Chapter 9-5 of the Unified Development Code. M. Recording A copy of this ordinance shall be recorded in the office of the Dubuque County Recorder as a permanent record of this amendment. Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Commission of the City of Dubuque, Iowa. Section 4. The foregoing amendment shall take effect upon publication, as provided by law. Passed, approved, and adopted this 171h day of January, 2023. Laur . Ro ssell, Mayor Pro Tern Attest: C� y' / 4*24 Adrienne N. Breitfelder, City Clerk 1iiiiiiiiiiiii 1hillhillhillhillhillhillhillhillhillhillhill11 Doc ID: 011058790016 Type: GEN Kind: ORDINANCE Recorded: 01/18/2023 at 03:18:42 PM Fee Amt: $82.00 Page 1 of 16 Dubuque County Iowa Kevin Dragotto Recorder File2023-00000483 Prepared by: Wally Wemimont. City Planner Address: City Hall. 50 W. 13th St Telephone: 589-4210 Return to: Adrienne Breitfelder. City Clerk Address: City Hall- 50 W.13th St Telephone: 589-4121 ORDINANCE NO 3 - 23 AN ORDINANCE AMENDING TITLE 16 UNIFIED DEVELOPMENT CODE OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RESCINDING ORDINANCE 13- 08 AND ADOPTING THE AMENDED DUBUQUE TECHNOLOGY PARK PLANNED UNIT DEVELOPMENT ORDINANCE WITH PLANNED INDUSTRIAL DESIGNATION AND CONCEPTUAL PLAN NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the Dubuque Code of Ordinances, Unified Development Code, is hereby amended by rescinding Ordinance 13-08 and adopting amended Dubuque Technology Park Planned Unit Development with PI Planned Industrial designation ordinance and conceptual plan for the following property legally described, to wit: Lots, A, B. C, D and E Lots 1, 3 and 4 of Block 1 Lots 1, 2, 3, 4, 5, 6, 7, 8, 1- 10, 11, and 12 of Block 2 all in Dubuque Technology Park; Lots 1 and 2 of Dubuque Technology Park No. 2; Lot 1-1 and Lot 2-1 of Dubuque Technology Park No. 3; Lots 1 and 2-Dubuque Technology Park No. 4, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. B. 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 of liquids, fuels, gases, and other materials. S V00 ® CA, 1 9 Dubuque Technology Park Planned Unit Development Ordinance Page 2 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 which include: a. Landscaped 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 recreational trail. e. Other non -building and non -vehicular related space. 4. "Carry -out Restaurant" - shall mean an establishment where all of the meals or food are prepared for customers to take out of the establishment. 5. "Properties" shall mean and refer to each and every parcel, and all portions thereof, of the real property herein before described and such additions thereto as may be hereafter added. 6. "Lot" shall mean and refer to any plot of land, except Public Areas and public rights -of way, shown upon any recorded Subdivision Plat of the Properties_ 7. "Owner" shall mean and refer to the record titleholder, whether one or more persons or entities, of fee simple title to any Lot which is a part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. 8. "Public Areas" shall mean and refer to the landscaped areas, recreational trail, park lands and storm water retention and detention areas as identified by the plat attached hereto as Lots D and E and hereby made a part of this Declaration the ownership of which shall be retained by the City of Dubuque. The Public Areas shall be open to the public for the use and enjoyment of the public. C. Use Regulations The following regulations shall apply to all uses made of land in this PUD District: Dubuque Technology Park Planned Unit Development Ordinance Page 3 Zone A: General Purpose and Description: Properties denoted on Attachment A as Zone A are intended to provide space for corporate offices, professional offices, and technology -oriented companies involved with software development, information technologies and other emerging technologies. 1. Principal permitted uses within Zone A shall be limited to: a. Public or quasi -public utilities including substations b. General offices c. Medical/dental lab d. Mail order houses e. Printing and publishing f. Laboratories for research or engineering Parking shall be provided in accordance with Chapter 14 of the Unified Development Code. 2. Conditional uses shall be limited to: a. Licensed child care center within the principal structure of a permitted use or in an accessory structure on the same lot. Licensed child care centers are subject to state and local regulations; 1. All applicable State requirements must be met; 2. Such facility shall provide for the loading and unloading of children so as not to obstruct public streets or create traffic or safety hazards; 3. All license(s) have been issued or have been applied for awaiting the outcome of the Board's decision; 4. The parking group requirements must be met; 5. The conditional use applicant certifies that the premises on which the licensed child 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 wastes, 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 302.4, and Section 302 of the Superfund Amendments and Reauthorization Act of 1986; and 6. 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 Dubuque Technology Park Planned Unit Development Ordinance Page 4 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: a. Retail outlets within the principal structure of a permitted use, selling products produced on -site and only as accessory to the principal use. b. Any use customarily incidental and subordinate to the principal use it serves. c. Licensed child care centers shall not be allowed as an accessory use. Zone B: General Purpose and Description: Properties designated as Zone B can be developed for office and technology -oriented businesses as in Zone A or a limited amount of commercial development. 1. Principal permitted uses shall be limited to: a. Public or quasi -public utilities, including substations. b. General Offices c. Medical/dental lab d. Mail order houses e. Printing and publishing f. Laboratories for research or engineering g. Business services h. Retail/dry cleaner within a primary building only i. Indoor restaurant j. Carry -out restaurant within a primary building only k. Drive -up automated bank teller within a primary building only I. Banks, savings and loans, and credit unions within a primary building only Parking shall be provided in accordance with Chapter 14 of the Unified Development Code. 2. Conditional uses shall be limited to: a. Licensed child care center 1. All applicable State requirements must be met; 2. Such facility shall provide for the loading and unloading of children so as not to obstruct public streets or create traffic or safety hazards; 3. All license(s) have been issued or have been applied for awaiting the outcome of the Board's decision; 4. The parking group requirements must be met - [8]; Dubuque Technology Park Planned Unit Development Ordinance Page 5 5. The conditional use applicant certifies that the premises on which the licensed child 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 wastes, 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 302.4, and Section 302 of the Superfund Amendments and Reauthorization Act of 1986; and 6. 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: a. Any use customarily incidental and subordinate to the principal use it serves. 4. Temporary uses shall be limited to: a. Any use listed as a permitted use within this PUD District of a limited duration as established and as defined in Chapter 3-19 of the Unified Development Code. Zone C: General Purpose and Description: Properties designated as Zone C can be developed for public or quasi -public utilities. 1. Principal permitted uses shall be limited to: a. Public or quasi -public utilities, including substations and fiber optic hubs. D. Lot and Bulk Regulations Development of land in the PUD District shall be regulated as follows: 1. All building structures and activities shall be located in conformance with the attached conceptual development plan and all final site development plans shall be approved in accordance with provisions of the PUD District regulations of this ordinance and of Chapter 5-24 of the Unified Development Code. 2. All building -related features shall be in accordance with the following lot and bulk regulations: Dubuque Technology Park Planned Unit Development Ordinance Page 6 a. Maximum lot coverage shall be limited to 80%. All building and vehicle - related features shall be considered when calculating total land area coverage. b. Setbacks: >- Minimum front yard setback along Highway 61/151=25 ft. >- Minimum front yard setback along Lake Eleanor Rd=50 ft. >- Minimum front yard setback on internal streets = 50 ft. >- Minimum side yard setback = 25 ft. >- Minimum rear yard setback = 25 ft. >- Minimum front yard setback within Zone C = 15 ft. c. Within required front, side and rear setbacks, only driveways, fire lanes, open space features, and primary and secondary signage are allowed. Parking lots may encroach up to 25 feet into a 50-foot front yard setback, provided additional screening is provided as required in the Landscaping Regulations section of this PUD Ordinance. E. Parking Regulations 1. All vehicle -related features shall be surfaced with either asphalt or concrete. 2. Curbing and proper surface drainage of stormwater shall be provided. 3. All parking and loading spaces shall be delineated on the surfacing material by painted strips or other permanent means. 4. The number, size and design of parking spaces shall be governed by applicable provisions of City of Dubuque Ordinances enforced at the time of development of the lot. 5. 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. 6. The location and number of private driveway intersections with public streets shall be established by the City of Dubuque. Access to all lots shall be limited to the internal streets of this PUD District. 7. No on -street maneuvering of delivery vehicles will be allowed on any type of through street. Lots adjoining through streets shall provide all necessary maneuvering space for delivery vehicles within the boundaries of the lots. F. Landscaping Regulations 1. Plant Materials. The open space of each lot shall be planted with permanent lawn and ground covers, shrubs and trees. It is the intent of these regulations that the development of required open spaces shall reflect a high quality of environmental design. The following provisions shall apply for each lot. Dubuque Technology Park Planned Unit Development Ordinance Page 7 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: > No vehicle -related features except driveways and fire lanes shall be allowed within 25 feet of the of the property line. > For every one (1) acre of lot size, four (4) trees shall be required to a maximum of 40 trees. Each required tree shall be at least two (2) inches in diameter at planting. > Shrubs shall be used to screen parking areas and provide accent around buildings. Shrubs shall be of varieties approved for this PUD District and listed in the covenants for this PUD District. > Parking areas located in front yards shall be screened with a combination of trees, shrubs or berms to provide a landscape screen of 25% opacity. > Parking areas located in front yards and encroaching up to 25 feet into a 50- foot front yard setback shall be screened with a combination of trees, shrubs and berms to provide a landscape screen of 50% opacity. 2. The installation of required planting materials may be phased in direct proportion to the phasing of building construction. 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 (1) year following completion of construction, or by the date that a building is issued an occupancy certificate by the Building Safety Department of the City of Dubuque, whichever first occurs, required landscaping shall be installed. 3. The lot owner is required to replant any and all plant materials which have died due to any cause during the effective period of this PUD Ordinance. 4. The area between the public street and the right-of-way line shall be planted with grass and maintained by the lot owner. In addition, the lot owner will maintain City installed street trees planted between the street and the right -of- way line, including replacing trees that have died due to any cause. 5. Pedestrian access: Permanent hard -surfaced walkways shall be installed and maintained by the owner for purposes of pedestrian movement between all parking areas and functioning entries and exits of the buildings. 6. PUD District landscaping: Landscaping of this PUD District shall be in accordance with the landscape plan, a copy of which is attached and made a part of this PUD Ordinance. Dubuque Technology Park Planned Unit Development Ordinance Page 8 G. Sign Regulations 1. Applicability of City of Dubuque Ordinances: Chapter 15 of the Unified Development Code Sign Regulations shall apply unless further regulated by this section. 2. Off -Premise Signs: No off -premise signs shall be erected or constructed on the property of this PUD District or on any of the private lots or buildings within this PUD District. 3. On -Premise Signs: a_ Allowable content: signs messages and graphics shall be limited to the following contents: 1. PUD District signs > Entrance signs > Directory signs > Street address 2. Primary signs > Identification of company name > Identification of company products or services by generic name only > Street address > Graphic symbol or logo identified with the company 3. Secondary signs > Directional messages necessary for the safe and efficient flow of vehicular and pedestrian traffic on > Identification of visitor entrances to the building, shipping and receiving docks and other delivery > Identification of assigned parking spaces and parking spaces accessible to persons with disabilities > Temporary announcements of pending or new construction > Commemorative messages b. Allowable Structural Types: 1. PUD District signs > Monument -style 2. Primary signs > Wall -mounted > Monument -style 3. Secondary signs > Wall -mounted > Monument -style c. Maximum number of signs: Dubuque Technology Park Planned Unit Development Ordinance Page 9 1. PUD District signs > Not to exceed a total of six (6) signs in PUD District 2. Primary signs > One (1) wall -mounted sign per street frontage per business > One (1) monument -style sign per lot location; restricted to frontages on interior streets only. 3. Secondary signs > No maximum number d. Maximum Sign Area: 1. PUD District signs > Entrance signs: 200 square feet per sign face > Directory signs: 30 square feet per sign face 2. Primary signs > Wall -mounted sign: 15% of the area of the building wall upon which it is mounted > Monument -style signs: 100 square feet per sign face 3. Secondary signs > Limited to six (6) square feet e. Height Regulations: 1. PUD District sign > 12 feet, measured from average grade to top sign structure 2. Primary signs > 10 feet, measured from average grade to top of structure 3. Secondary signs > 6 feet, measured from average grade to top of sign structure f. Variance requests from sign requirements for sign, number and height shall be reviewed by the Zoning Board of Adjustment in accordance with Chapter 8-6 of the Unified Development Code. g. Lighting: PUD District Signs and primary and secondary 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. h. Motion: No signs may include any device or means, mechanical, electrical or natural, which shall cause any motion of the sign panel or any part thereof. No flashing lights or changing colors shall be allowed. Dubuque Technology Park Planned Unit Development Ordinance Page 10 H. Performance Standards The development and maintenance of uses in this PUD District shall be established in conformance with Chapter 13 of the Unified Development Code and the following standards: 1. Site Lighting a. Exterior illumination of site features shall be limited to the illumination of the following: i. Parking areas, driveways and loading facilities. ii. Pedestrian walkway surfaces and entrances to building. iii. Screened storage areas. iv. Building exterior. b. Location and Design: 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. No light source shall provide illumination onto adjacent lots, buildings or streets in excess of 1.0 foot candle. iii. All exterior lighting luminaires shall be designed and installed to shield light from the luminaire at angles above 72 degrees from vertical. iv. A lighting plan shall be included as part of site plan submittals that indicates types of lights used and ground light pattern for building lighting of building and parking related features. v. Fixtures mounted on a building shall not be positioned higher than the roof line of the building. vi. The top of post mounted free-standing fixtures shall not be higher than 30 feet above the ground. vii. Wooden utility type poles are acceptable only for temporary use during construction. viii. All electrical service lines to posts and fixtures shall be underground and 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 electrical transformers, switching gear, relay boxes, meters, air conditioning units, heat pumps and other similar mechanical equipment, 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. Fencing of at least 50% opacity, masonry walls, or plantings may be used to visually screen Dubuque Technology Park Planned Unit Development Ordinance Page 11 mechanical equipment. 3. The recreational trail shall be placed six (6) feet behind the curb parallel to the street on the north side of the cul-de-sac street and the east side of the major street that runs north to south to link the perimeter recreational trail. The recreational trail shall be internal to this PUD District and shall not be placed on the north side of Lake Eleanor Road. The recreational trail shall be placed in accordance with the conceptual development plan. 4. Final site development plans shall be submitted in accordance with Chapter 12 of the Unified Development Code prior to construction of each building and vehicle -related feature unless otherwise exempted by Chapter 12. 5. Stormwater Conveyance: The developer of each lot shall be responsible for providing surface or subsurface conveyance(s) of storm water from the lot to existing storm sewers or to flow line of open drainageways outside the lot in a means that is satisfactory to the Public Works Department of the City of Dubuque. 6. Maintenance Assessments a. City shall levy against the Properties in each assessment year an annual assessment for the purpose of paying fifty percent (50%) of the actual costs of City's maintenance and repair of the Public Areas and the actual costs associated with maintaining and lighting entrance signs. Said assessment may also include the establishment of a capital improvements reserve fund for such purposes. Upon establishment of such assessment levy, each Owner shall pay to City a pro rata share (as hereinafter defined) of such assessment levy, b. If such pro rata share is not paid within thirty (30) days of its due date, the amount of such pro rata share shall become a lien upon the Lot obligated to pay the same and shall bear interest from the due date at the highest legal contract rate applicable to a natural person. City may bring an action at law against any Owner obligated to pay the same, or foreclose the lien against the Lot. The Owner shall also be obligated to City for City's costs and reasonable attorney's fees of any collection efforts. No Owner may waive or otherwise avoid liability for an assessment provided herein by non-use of the Public Areas or abandonment of a lot. c. An Owner's pro rata share shall be equal to a fraction, the numerator of which shall be the gross square feet area of the Lot owned by the Owner and the denominator of which shall be the gross square feet area of the Properties exclusive of the Public Areas and public rights - of way. d. Other applicable regulations enforced by the City of Dubuque Dubuque Technology Park Planned Unit Development Ordinance Page 12 relative to stormwater management and drainage shall apply to properties in this PUD District. 7. The conceptual development plan shall serve as the preliminary plat for this PUD District. Subdivision plats and improvement plans shall be submitted in accordance with Chapter 11 Land Subdivision, of the Unified Development Code. 8. Operations within enclosed buildings: All operations and activities shall be conducted or maintained within completely enclosed buildings, except: a. Off-street parking and loading spaces. b. Employee recreational facilities. c. Outdoor or exterior storage. 9. Noises generated within this PUD District shall be regulated by Title 6, Chapter 5 Noises, of the City of Dubuque Code of Ordinances. 10. All loading docks for shipping and receiving of raw and manufactured goods shall be designed to provide for the direct movement of goods between the delivery vehicle and the interior of the building. Loading docks shall generally be restricted to the rear fa9ade of a building. Loading docks may only be allowed on a side facade of a building with approval granted through the design review process provided in the Dubuque Technology Park covenants. Buildings located on corner lots shall provide screening that visually obscures the dock from both street frontages, including any trucks positioned at the dock. No visually exposed platform docks shall be allowed except within fully screened storage areas. An effective 50% screening of loading doors and docks, measured from ground level to a height of at least 20 feet, shall be provided through the use of earthen berms and plantings. 11. Exterior Storage: a. Exterior storage is prohibited in this PUD District. 12. Exterior Trash Collection Areas: a. The storage of trash and debris shall be limited to that produced by the principal permitted use, conditional uses and accessory uses of the lot. b. The ground area coverage of exterior trash collection areas shall be the area contained inside the required screening and this area shall be considered a building -related feature for purposes of calculating total land area coverages. c. Exterior trash collection areas shall be located in the 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 completely opaque fence, wall or other feature not exceeding a height of 10 feet measured from the ground level outside the line of the screen. Dubuque Technology Park Planned Unit Development Ordinance Page 13 Screens built on sloping grades shall be stepped so that their top line shall be horizontal. Exposed materials used to construct the opaque screen shall be similar in appearance to materials used for exterior building walls. All exterior entrances to a screened trash area shall be provided with a gate or door of similar design to that of the screen. If a 10-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 (5) years. 13. Street lighting: Street lights shall be installed in accordance with City of Dubuque standards. 14. Flood Plain Regulations: The area of this PUD District that lies within the flood plain of Granger Creek shall be subject to the regulations of Chapter 6-4 of the Unified Development Code. 15. Phased Construction of Buildings and Parking Spaces: The construction of off- street parking spaces may be phased in proportion to the percentage of total building floor area constructed at any one time. Ground area set aside for future parking, loading spaces or driveways or for parking provided in excess of the minimum required number of parking spaces shall not reduce the minimum required area for open space. 16. Other Codes and Regulations: These regulations do not relieve an owner from other applicable city, county, state and federal codes, regulations, laws and other controls relative to the planning, construction, operation and management of property in the Dubuque Industrial Center/South. I. Open Space and Recreation Area These areas designated on the conceptual development plan as 'open" shall be maintained as open space, as defined by Chapter 2 of the Unified Development Code by the property owner and/or association. The recreational trail shall be maintained by the property owner and/or association. J. Ordinance History 1.Ord. 27-97: Rezoning from AG Agricultural District to Planned Unit Development with a Planned Industrial designation. 2. Ord. 13-08: Amend from Planned Unit Development to Planned Unit Development with conditions and changed the name of the PUD district to Dubuque Technology Park. K. Transfer of Ownership Transfer of ownership or lease of property in this PUD District shall include in Dubuque Technology Park Planned Unit Development Ordinance Page 14 the transfer or lease agreement a provision that the purchaser or lessee acknowledges the existence of this PUD District and the restrictions and conditions existing in this PUD District. L. Modifications Any modifications of this Ordinance must be approved by the City Council in accordance with zoning reclassification proceedings of Chapter 9-5 of the Unified Development Code. M. Recording A copy of this ordinance shall be recorded in the office of the Dubuque County Recorder as a permanent record of this amendment. Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Commission of the City of Dubuque, Iowa. Section 4. The foregoing amendment shall take effect upon publication, as provided by law. Passed, approved, and adopted this 17th day of January, 2023. aat't� 0 qw�6jj 1 Laur . Ro ssell, Mayor Pro Tern Attest: Adrienne N. Breitfelder, City Clerk 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. 3-23 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 18"' day of January, 2023. Adrienne N. Breitfelder, City Clerk Prepared by: Wally Wernimont. City Planner_ Address: City Hall. 50 W. 13th St Telephone: 589-4210 Return to: Adrienne Breitfelder. City Clerk Address: City Hall- 50 W. 13th St Telephone: 589-4121 ORDINANCE NO 13 - 08-23 AN ORDINANCE AMENDING TITLE 16 OF THE UNIFIED DEVELOPMENT CODE OF THE CITY ORDINIANII 27 9 n�ECITY OF DUBUQUE CODE OF ORDINANCES BY RESCINDING ORDINANCE 13-08 AND ORDINANCE 27 9-7 WHICH PROVIDES ■l��lrll�rrdr lhN■1.1-id!!IJ■10IN0r.101d121!I'Mr.1r.TIIII III ! . . • ■ • A • A • 11111 IN WISH 1 ! ! 1 ■ ! ■ 1 ■ ■ A R 1 I ► ■ i 1 -N Hill III, ■ 1 I ► 1 ► ■ ► I ■ !11'► ■ 1 ■ _ NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the Dubuque Code of Ordinances, Unified Development Code, is hereby amended by rescinding Ordinance QrrlinaRGe 27-13-08 Development DiStriGt with a PI Planned Industrial DiStFiGt designation the Dubuque Tenhnelegy Part and adopting amended Dubuque Technology Park Planned Unit Development with PI Planned Industrial designation and conceptual plan for the following property legally described, to wit:frem AG AgrinU UIt Ural DiStFint to DI D Planner! Unit Development DiStFiGt with a PI Planned Industrial designation and adepted a Dubuque Tenhnelegy Park is hereby amenrdeid to read as fellewse to wit: Dubuque Technology Park Planned Unit Development Ordinance 13 08 - 23 Page 2 Lots, A, B. C, D and E Lots 1, 3 and 4 of Block 1 Lots 1, 2, 3, 4, 5, 6, 7, 8, 1 -ef-10, 11, and 12 of Block 2 all in Dubuque Technology Park; Lots 1 and 2 of Dubuque Technology Park No. 2; Lot 1-1 and Lot 2-1 of Dubuque Technology Park No. 3; Lots 1 and 2-Dubuque Technology Park No. 4, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. B. 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 of liquids, fuels, gases, and other materials. 2. Vehicle -Related Features Vehicle -related features are defined.as all areas used for the movement and parking of all vehicles within the lot. These include: a. Employee and visitor parking spaces. b. Driveways from the street right-of-way line to and from parking spaces. c. Loading spaces outside of the building. d. Maneuvering 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 which include: a. Landscaped 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 recreational trail. e. Other non -building and non -vehicular related space. 4. "Carry -out Restaurant" - shall mean an establishment where all of the meals or food are prepared for customers to take out of the establishment. Dubuque Technology Park Planned Unit Development Ordinance 13 08 - 23 Page 3 5. "Properties" shall mean and refer to each and every parcel, and all portions thereof, of the real property herein before described and such additions thereto as may be hereafter added. 6. "Lot" shall mean and refer to any plot of land, except Public Areas and public rights -of way, shown upon any recorded Subdivision Plat of the Properties. 7. "Owner" shall mean and refer to the record titleholder, whether one or more persons or entities, of fee simple title to any Lot which is a part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. 8. "Public Areas" shall mean and refer to the landscaped areas, recreational trail, park lands and storm water retention and detention areas as identified by the plat attached hereto as Lots D and E and hereby made a part of this Declaration the ownership of which shall be retained by the City of Dubuque. The Public Areas shall be open to the public for the use and enjoyment of the public. C. Use Regulations The following regulations shall apply to all uses made of land in this PUD District: Zone A: General Purpose and Description: Properties denoted on Attachment A as Zone A are intended to provide space for corporate offices, professional offices, and technology -oriented companies involved with software development, information technologies and other emerging technologies. 1. Principal permitted uses within Zone A shall be limited to: a. Public or quasi -public utilities including substations _ r b. General offices _ r c. Medical/dental lab -{8 -. d. Mail order houses --[24. e. Printing and publishing -_ r f. Laboratories for research or engineering - r Parking shall be provided in accordance with ChapterSesfiee 14� of the ZeRiRg nrdinaR^°Unified Development Code. 2. Conditional uses shall be limited to: a. Licensed child care center within the principal structure of a permitted use or in an accessory structure on the same lot. Licensed child care centers are subject to state and local regulations; 1. All applicable State requirements must be met; 2. Such facility shall provide for the loading and unloading of children so as not to obstruct public streets or create traffic or safety hazards; Dubuque Technology Park Planned Unit Development Ordinance 13 08 - 23 Page 4 3. All license(s) have been issued or have been applied for awaiting the outcome of the Board's decision; 4. The parking group requirements must be met 5. The conditional use applicant certifies that the premises on which the licensed child 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 wastes, 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 302.4, and Section 302 of the Superfund Amendments and Reauthorization Act of 1986; and 6. 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: a. Retail outlets within the principal structure of a permitted use, selling products produced on -site and only as accessory to the principal use. b. Any use customarily incidental and subordinate to the principal use it serves. c. Licensed child care centers shall not be allowed as an accessory use. Zone B: General Purpose and Description: Properties designated as Zone B can be developed for office and technology -oriented businesses as in Zone A or a limited amount of commercial development. 1. Principal permitted uses shall be limited to: a. Public or quasi -public utilities, including substations. _ [4-?�. b. General Offices —[44. c. Medical/dental lab —18� d. Mail order houses - r e. Printing and publishing --[34. f. Laboratories for research or engineering _ r g. Business services r�9; Dubuque Technology Park Planned Unit Development Ordinance 13 08 - 23 Page 5 h. Retail/dry cleaner within a primary building only r i. Indoor restaurant -434. j. Carry -out restaurant within a primary building only r k. Drive -up automated bank teller within a primary building only -f4. I. Banks, savings and loans, and credit unions within a primary building only 434. Parking shall be provided in accordance with Chapter 14SeGtien 4.2.7 of the '^^;Rg nY,-;^-A^^°Unified Development Code. 2. Conditional uses shall be limited to: a. Licensed child care center 1. All applicable State requirements must be met; 2. Such facility shall provide for the loading and unloading of children so as not to obstruct public streets or create traffic or safety hazards; 3. All license(s) have been issued or have been applied for awaiting the outcome of the Board's decision; 4. The parking group requirements must be met - [8]; 5. The conditional use applicant certifies that the premises on which the licensed child 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 wastes, 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 302.4, and Section 302 of the Superfund Amendments and Reauthorization Act of 1986; and 6. 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: a. Any use customarily incidental and subordinate to the principal use it serves. Dubuque Technology Park Planned Unit Development Ordinance 13 08 - 23 Page 6 4. Temporary uses shall be limited to: a. Any use listed as a permitted use within this PUD District of a limited duration as established ,n SeGtuo",2 5.3 and as defined in Chapter 3-19 SeGtiGR o of the ZORORg QrdiRaRGeUnified Development Code. Zone C: General Purpose and Description: Properties designated as Zone C can be developed for public or quasi -public utilities. 1. Principal permitted uses shall be limited to: a. Public or quasi -public utilities, including substations and fiber optic hubs. D. Lot and Bulk Regulations Development of land in the PUD District shall be regulated as follows: 1. All building structures and activities shall be located in conformance with the attached conceptual development plan and all final site development plans shall be approved in accordance with provisions of the PUD District regulations of this ordinance and of Chapter 5-24 of the Unified Development C od e Q oni i A_n Q_r-.. Fa -.f +ho 0FdiRaR%. 2. All building -related features shall be in accordance with the following lot and bulk regulations: a. Maximum lot coverage shall be limited to 80%. All building and vehicle - related features shall be considered when calculating total land area coverage. b. Setbacks: >- Minimum front yard setback along Highway 61/151=25 ft. >- Minimum front yard setback along Lake Eleanor Rd=50 ft. >- Minimum front yard setback on internal streets = 50 ft. >- Minimum side yard setback = 25 ft. >- Minimum rear yard setback = 25 ft. >- Minimum front yard setback within Zone C = 15 ft. c. Within required front, side and rear setbacks, only driveways, fire lanes, open space features, and primary and secondary signage are allowed. Parking lots may encroach up to 25 feet into a 50-foot front yard setback, provided additional screening is provided as required in the Landscaping Regulations section of this PUD Ordinance. E. Parking Regulations 1. All vehicle -related features shall be surfaced with either asphalt or concrete. 2. Curbing and proper surface drainage of stormwater shall be provided. Dubuque Technology Park Planned Unit Development Ordinance 13 08 - 23 Page 7 3. All parking and loading spaces shall be delineated on the surfacing material by painted strips or other permanent means. 4. The number, size and design of parking spaces shall be governed by applicable provisions of City of Dubuque Ordinances enforced at the time of development of the lot. 5. 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. 6. The location and number of private driveway intersections with public streets shall be established by the City of Dubuque. Access to all lots shall be limited to the internal streets of this PUD District. 7. No on -street maneuvering of delivery vehicles will be allowed on any type of through street. Lots adjoining through streets shall provide all necessary maneuvering space for delivery vehicles within the boundaries of the lots. F. Landscaping Regulations 1. Plant Materials. The open space of each lot shall be planted with permanent lawn and ground covers, shrubs and trees. It is the intent of these regulations that the development of required open spaces shall reflect a high quality of environmental design. The following provisions shall apply for 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: > No vehicle -related features except driveways and fire lanes shall be allowed within 25 feet of the of the property line. > For every one (1) acre of lot size, four (4) trees shall be required to a maximum of 40 trees. Each required tree shall be at least two (2) inches in diameter at planting. > Shrubs shall be used to screen parking areas and provide accent around buildings. Shrubs shall be of varieties approved for this PUD District and listed in the covenants for this PUD District. > Parking areas located in front yards shall be screened with a combination of trees, shrubs or berms to provide a landscape screen of 25% opacity. > Parking areas located in front yards and encroaching up to 25 feet into a 50- foot front yard setback shall be screened with a combination of trees, shrubs and berms to provide a landscape screen of 50% opacity. Dubuque Technology Park Planned Unit Development Ordinance 13 08 - 23 Page 8 2. The installation of required planting materials may be phased in direct proportion to the phasing of building construction. 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 (1) year following completion of construction, or by the date that a building is issued an occupancy certificate by the Building Safety Department of the City of Dubuque, whichever first occurs, required landscaping shall be installed. 3. The lot owner is required to replant any and all plant materials which have died due to any cause during the effective period of this PUD Ordinance. 4. The area between the public street and the right-of-way line shall be planted with grass and maintained by the lot owner. In addition, the lot owner will maintain City installed street trees planted between the street and the right-of- way line, including replacing trees that have died due to any cause. 5. Pedestrian access: Permanent hard -surfaced walkways shall be installed and maintained by the owner for purposes of pedestrian movement between all parking areas and functioning entries and exits of the buildings. 6. PUD District landscaping: Landscaping of this PUD District shall be in accordance with the landscape plan, a copy of which is attached and made a part of this PUD Ordinance. G. Sign Regulations 1. Applicability of City of Dubuque Ordinances: The provisions of the City of Dubuque ZOR,Rg QFdiRaRGe SeEtien4 3Chapter 15 of the Unified Development Code Sign Regulations shall apply unless further regulated by this section. 2. Off -Premise Signs: No off -premise signs shall be erected or constructed on the property of this PUD District or on any of the private lots or buildings within this PUD District. 3. On -Premise Signs: a. Allowable content: signs messages and graphics shall be limited to the following contents: 1. PUD District signs > Entrance signs > Directory signs > Street address 2. Primary signs > Identification of company name > Identification of company products or services by generic name only > Street address Dubuque Technology Park Planned Unit Development Ordinance 13 08 - 23 Page 9 > Graphic symbol or logo identified with the company 3. Secondary signs > Directional messages necessary for the safe and efficient flow of vehicular and pedestrian traffic on > Identification of visitor entrances to the building, shipping and receiving docks and other delivery > Identification of assigned parking spaces and parking spaces accessible to persons with disabilities > Temporary announcements of pending or new construction > Commemorative messages b. Allowable Structural Types: 1. PUD District signs > Monument -style 2. Primary signs > Wall -mounted > Monument -style 3. Secondary signs > Wall -mounted > Monument -style c. Maximum number of signs: 1. PUD District signs > Not to exceed a total of six (6) signs in PUD District 2. Primary signs > One (1) wall -mounted sign per street frontage per business > One (1) monument -style sign per lot location; restricted to frontages on interior streets only. 3. Secondary signs > No maximum number d. Maximum Sign Area: 1. PUD District signs > Entrance signs: 200 square feet per sign face > Directory signs: 30 square feet per sign face 2. Primary signs > Wall -mounted sign: 15% of the area of the building wall upon which it is mounted > Monument -style signs: 100 square feet per sign face Dubuque Technology Park Planned Unit Development Ordinance 13 08 - 23 Page 10 3. Secondary signs > Limited to six (6) square feet e. Height Regulations: 1. PUD District sign > 12 feet, measured from average grade to top sign structure 2. Primary signs > 10 feet, measured from average grade to top of structure 3. Secondary signs > 6 feet, measured from average grade to top of sign structure f. Variance requests from sign requirements for sign, number and height shall be reviewed by the Zoning Board of Adjustment in accordance with 9eEtieR 5 3 of the Zoning OrdinannoChapter 8-6 of the Unified Development Code. g. Lighting: PUD District Signs and primary and secondary 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. h. Motion: No signs may include any device or means, mechanical, electrical or natural, which shall cause any motion of the sign panel or any part thereof. No flashing lights or changing colors shall be allowed. H. Performance Standards The development and maintenance of uses in this PUD District shall be established in conformance with con+inn 3_55 of the Zoning OrdinannoChapter 13 of the Unified Development Code and the following standards: 1. Site Lighting a. Exterior illumination of site features shall be limited to the illumination of the following: i. Parking areas, driveways and loading facilities. ii. Pedestrian walkway surfaces and entrances to building. iii. Screened storage areas. iv. Building exterior. b. Location and Design: i. All exterior lighting shall be designed, installed and maintained so as not to cause glare or to shine into adjacent lots and streets. Dubuque Technology Park Planned Unit Development Ordinance 13 08 - 23 Page 11 ii. No light source shall provide illumination onto adjacent lots, buildings or streets in excess of 1.0 foot candle. iii. All exterior lighting luminaires shall be designed and installed to shield light from the luminaire at angles above 72 degrees from vertical. iv. A lighting plan shall be included as part of site plan submittals that indicates types of lights used and ground light pattern for building lighting of building and parking related features. v. Fixtures mounted on a building shall not be positioned higher than the roof line of the building. vi. The top of post mounted free-standing fixtures shall not be higher than 30 feet above the ground. vii. Wooden utility type poles are acceptable only for temporary use during construction. viii. All electrical service lines to posts and fixtures shall be underground and 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 electrical transformers, switching gear, relay boxes, meters, air conditioning units, heat pumps and other similar mechanical equipment, 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. Fencing of at least 50% opacity, masonry walls, or plantings may be used to visually screen mechanical equipment. 3. The recreational trail shall be placed six (6) feet behind the curb parallel to the street on the north side of the cul-de-sac street and the east side of the major street that runs north to south to link the perimeter recreational trail. The recreational trail shall be internal to this PUD District and shall not be placed on the north side of Lake Eleanor Road. The recreational trail shall be placed in accordance with the conceptual development plan. 4. Final site development plans shall be submitted in accordance with co^+�4- it of the 7nniRg OrdinannoChapter 12 of the Unified Development Code prior to construction of each building and vehicle -related feature unless otherwise exempted by Chapter 12. 5. Stormwater Conveyance: The developer of each lot shall be responsible for providing surface or subsurface conveyance(s) of storm water from the lot to existing storm sewers or to flow line of open drainageways outside the lot in a Dubuque Technology Park Planned Unit Development Ordinance 13 08 - 23 Page 12 means that is satisfactory to the Public Works Department of the City of Dubuque. 6. Maintenance Assessments a. City shall levy against the Properties in each assessment year an annual assessment for the purpose of paying fifty percent (50%) of the actual costs of City's maintenance and repair of the Public Areas and the actual costs associated with maintaining and lighting entrance signs. Said assessment may also include the establishment of a capital improvements reserve fund for such purposes. Upon establishment of such assessment levy, each Owner shall pay to City a pro rata share (as hereinafter defined) of such assessment levy, b. If such pro rata share is not paid within thirty (30) days of its due date, the amount of such pro rata share shall become a lien upon the Lot obligated to pay the same and shall bear interest from the due date at the highest legal contract rate applicable to a natural person. City may bring an action at law against any Owner obligated to pay the same, or foreclose the lien against the Lot. The Owner shall also be obligated to City for City's costs and reasonable attorney's fees of any collection efforts. No Owner may waive or otherwise avoid liability for an assessment provided herein by non-use of the Public Areas or abandonment of a lot. c. An Owner's pro rata share shall be equal to a fraction, the numerator of which shall be the gross square feet area of the Lot owned by the Owner and the denominator of which shall be the gross square feet area of the Properties exclusive of the Public Areas and public rights -of way. d. Other applicable regulations enforced by the City of Dubuque relative to stormwater management and drainage shall apply to properties in this PUD District. 7. The conceptual development plan shall serve as the preliminary plat for this PUD District. Subdivision plats and improvement plans shall be submitted in accordance with Chapter 42, Subdiyiseen Regulati Chapter 11 Land Subdivision, of the Gity ef DubuqueUnified Development Code.--49f 8. Operations within enclosed buildings: All operations and activities shall be conducted or maintained within completely enclosed buildings, except: a. Off-street parking and loading spaces. b. Employee recreational facilities. c. Outdoor or exterior storage. Dubuque Technology Park Planned Unit Development Ordinance 13 08 - 23 Page 13 9. Noises generated within this PUD District shall be regulated by Title 6, Chapter 5 Chapter 33ArtiGle IV Noises, of the City of Dubuque Code of Ordinances. 10. All loading docks for shipping and receiving of raw and manufactured goods shall be designed to provide for the direct movement of goods between the delivery vehicle and the interior of the building. Loading docks shall generally be restricted to the rear fa9ade of a building. Loading docks may only be allowed on a side facade of a building with approval granted through the design review process provided in the Dubuque Technology Park covenants. Buildings located on corner lots shall provide screening that visually obscures the dock from both street frontages, including any trucks positioned at the dock. No visually exposed platform docks shall be allowed except within fully screened storage areas. An effective 50% screening of loading doors and docks, measured from ground level to a height of at least 20 feet, shall be provided through the use of earthen berms and plantings. 11. Exterior Storage: a. Exterior storage is prohibited in this PUD District. 12. Exterior Trash Collection Areas: a. The storage of trash and debris shall be limited to that produced by the principal permitted use, conditional uses and accessory uses of the lot. b. The ground area coverage of exterior trash collection areas shall be the area contained inside the required screening and this area shall be considered a building -related feature for purposes of calculating total land area coverages. c. Exterior trash collection areas shall be located in the 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 completely opaque fence, wall or other feature not exceeding a height of 10 feet measured from the ground level outside the line of the screen. Screens built on sloping grades shall be stepped so that their top line shall be horizontal. Exposed materials used to construct the opaque screen shall be similar in appearance to materials used for exterior building walls. All exterior entrances to a screened trash area shall be provided with a gate or door of similar design to that of the screen. If a 10-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 (5) years. Dubuque Technology Park Planned Unit Development Ordinance 13 08 - 23 Page 14 13. Street lighting: Street lights shall be installed in accordance with City of Dubuque standards. 14. Flood Plain Regulations: The area of this PUD District that lies within the flood plain of Granger Creek shall be subject to the regulations of corfiAp 2_5Z Af +ho 7n.A.Rg QFdiriaR Chapter 6-4 of the Unified Development Code. 15. Phased Construction of Buildings and Parking Spaces: The construction of off- street parking spaces may be phased in proportion to the percentage of total building floor area constructed at any one time. Ground area set aside for future parking, loading spaces or driveways or for parking provided in excess of the minimum required number of parking spaces shall not reduce the minimum required area for open space. 16. Other Codes and Regulations: These regulations do not relieve an owner from other applicable city, county, state and federal codes, regulations, laws and other controls relative to the planning, construction, operation and management of property in the Dubuque Industrial Center/South. I. Open Space and Recreation Area These areas designated on the conceptual development plan as "open" shall be maintained as open space, as defined by Se^+en8 of the Z ig nr,,eeChapter 2 of the Unified Development Code by the property owner and/or association. The recreational trail shall be maintained by the property owner and/or association. J. Ordinance History 1. Ord. 27-97: Rezoning from AG Agricultural District to Planned Unit Development with a Planned Industrial designation. 2. Ord. 13-08: Amend from Planned Unit Development to Planned Unit Development with conditions and changed the name of the PUD district to Dubuque Technology Park. K. Transfer of Ownership Transfer of ownership or lease of property in this PUD District shall include in the transfer or lease agreement a provision that the purchaser or lessee acknowledges the existence of this PUD District and the restrictions and conditions existing in this PUD District. KL.Modifications Any modifications of this Ordinance must be approved by the City Council in accordance with zoning reclassification proceedings of con+ieR 6 Of the Z„niR nrdGeChapter 9-5 of the Unified Development Code. Dubuque Technology Park Planned Unit Development Ordinance 13 08 - 23 Page 15 LM. Recording A copy of this ordinance shall be recorded in the office of the Dubuque County Recorder as a permanent record of this amendment. Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Commission of the City of Dubuque, Iowa. Section 4. The foregoing amendment shall take effect upon publication, as provided by law. Passed, approved and adopted this day of , 20082023. Brad M. Cavanagh, Mayor Attest: Adrienne Breitfelder, City Clerk THE C DUUB-*TE Masterpiece on the Mississippi Zoning Advisory Commission ❑x Amended PUD ❑ Rezoning/PUD/ID ❑ Text Amendment ❑ Simple Subdivision ❑ Preliminary Plat ❑ Major Final Plat ❑ Minor Final Plat ❑ Waiver from Site Design Standards A. Property Information Zoning Board of Adiustment ❑ Conditional Use Permit ❑ Special Exception ❑ Variance ❑ Appeal Development Services ❑ Annexation ❑ Limited Setback Waiver ❑ Site Plan Simple ❑X Site Plan Minor ❑ Site Plan Major ❑ Simple Subdivision ❑ Temporary Use Permit ❑ Port of Dubuque/ Chaplain Schmitt Island Design Review Site Location/Address: Digital Drive / Lake Eleanor Legal Description/Parcel ID#/Subdivision: 1512327001 Existing Zoning: PUD Proposed Zoning: na Historic District: no City of Dubuque Planning Services Department Dubuque, IA 52001-4845 Phone: 563-589-4210 Fax: 563-589-4221 planning cityofdubuque.orq Historic Preservation Commission ❑ Demolition Review ❑ Historic Revolving Loan ❑ Certificate of Economic Non -Viability ❑ Design Review Certificate of Appropriateness ❑ Advisory Design Review (Public Projects) ❑ Historic Designation Site Area (square feet/acres): -andmark: ❑ Yes ❑x No B. Describe proposal and reason for application (attach a letter of explanation, if necessary): ImOn Fiber Optic Hub C. Applicant/Agent Information Name: Joe Meyers - Imon Communications Address: _ State: IA 101 3rd Ave SW Suite 400 Zip: 52404 D. Property Owner(s) Information Name(s): City of Dubuque Address: State: Zip: Email: joe.meyers@imon.net Email: E. Certification: I/we, the undersigned, do hereby certify/acknowledge that: Phone: (319)533-2319 City: Cedar Rapids Phone: City: 1. Payment does not guarantee approval and fees are nonrefundable; 2. All additional required written and graphic materials are attached; 3. It is the property owner's responsibility to locate property lines and to review the abstract for easements and restrictive covenants; and 4. The information submitted herein is true and correct to the best of my/our knowledge and upon submittal becomes public record. Applicant/Agent: Date: Property Owner(s): Date: 12/13/2022 Fee $ 459 Ck# ❑CC ❑Cash Received by Date THE CITY OF DUB E Masterpiece on the Mississippi Dubuque Planning Services Department r City Hall - 50 West 131b Street AII•AmerieaCil Dubuque, IA 52001-4845 (563) 589-4210 phone I®� (563) 589-4221 fax I (563) 690-6678 TDD planning@cityofdubuque.org 2007+2012+2013 2017*2019 December 28, 2022 TO: Zoning Advisory Commission FROM: Travis Schrobilgen, Assistant Planner SUBJECT: To amend the Dubuque Technology Park Planned Unit Development to accommodate a fiberoptic hub. INTRODUCTION The applicant is requesting to amend the existing Planned Unit Development (PUD) to accommodate a fiberoptic hub. BACKGROUND The existing Dubuque Technology Park PUD district is located just north of the Southwest Arterial and Highway 61/151 intersection and is bound on the north by Lake Eleanor Road and to the west by highway 61/151. The district was created in 1997 with Ordinance 27-97 and was intended to allow the development of a mixed -use business park. The district was amended in 2008 with Ordinance 13-08, when the permitted uses were adjusted to meet those of a technology park and the name of the PUD became the Dubuque Technology Park. The maps below provide an overview of both the existing and proposed land use map with the only change being the introduction of Zone C at the intersection of Digital Drive and Lake Eleanor Road. Memo to Zoning Advisory Commission Page 2 Proposed Land Use Map /� �ubuuue THE CITY OF [ i � \ ►:lR:� �i DUB U 110i 20V-201=.200 �alll Masterpiece on the Mississippi 2017.2019 Attachment A Dubuque Technology Park conceptual Development Plan V A 0 City of Dubuque ® Zone A EEEI Zone B WE Zone C Feet source: Bri, M.— sou 1,000 2,ODO DISCUSSION The current PUD is made up of Zone A, Zone B and designated public areas. The applicant is requesting to amend the existing Planned Unit Development (PUD) to accommodate a fiberoptic hub in a location that is currently designated as Public Area. The amendment would create a Zone C and list `Public and Quasi -Public Utilities, including substations and fiber optic hubs, as a permitted use within the zone. In addition to the introduction of Zone C and listing the permitted use of the zone, other changes to the ordinance include adding a 15' front yard setback for Zone C updates to each ordinance section to match the current code (i.e. signs and parking), and, the addition of an ordinance history summary. Prior to the construction of the fiberoptic hub, the applicant is required to obtain an approved Site Plan 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) which is comprised of multiple City Departments including Engineering, Planning, Water Distribution, Fire, Police, Housing & Community Development, and Leisure Services. 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 of the Unified Development Code and make a recommendation to Memo to Zoning Advisory Commission Page 3 the City Council regarding the proposed amendment to the Dubuque Technology Park Planned Unit Development. Attachments pip lileli-l' '�'l 11 fl AI lVd ADOIONND31 3nbn8na r rr�r7� Q 4 II �.Dp rtrpp0 'MaN YV � x�`O QQi i� �n H a rna v e < rc W ¢ w d �In o O�i za ' amVo o"� +- a z ` 1� F J ROO Ld mmi :) o~off oo o a s n tYi F V�Dv mI Bwx Vi �JJ JIf- a Mi o _� 1 N �O � W? 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U N Q O U N r Lo m O .o N m 'O r .- M r 0 -a a N O o w o r c c NO c c c O c c O O p O -r O t T L ?, L "DC d O O+ o m O O O O O O O \ O y Q C O c m U o N ,� 3 O Z 3 O Z 3 I O Z 3 O z 3 I O z ; O 3 Z ° 3 o J c ° a c yclo p ° ° u ° ° N Vl L N C C m N C I C G w+ C C ++ c i+ m 0 0 p 70 m0 �' .i+ p W C O 7m7 r O r L' r r Q' t v+ r r �+ r O, 'c J a a cn p Z CD Q) n m r o r r 'c r r r r r SURVEYOR'S CERTIFICATE Dubuque, Iowa Section 6 of 12 June 10, 1998 I hereby certify that the plat shown on sheets 1 through 5 hereof, is a true and correct FINAL PLAT OF DUBUQUE TECHNOLOGY PARK AS COMPRISED OF LOT 2, AND LOT 2 OF LOT 1 OF LOT 1, BOTH OF THE SUBDIVISION OF THE NE 1/4 OF THI:; SW 1/4, THE SF, 1/4 OF THE SW 1/4, LOT 1 OF LOT 1 OF LOT 1 OF THE NE 1/4 OF THE SW 1/4, AND LOT 1 OF LOT 1 OF LOT 8 OF THE SE 1/4, ALL IN SECTION 12, TOWNSFIIP 88 NORTH, RANGE 2 EAST OF THE STH P.M., ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY AND THE RECORDED PLATS THEREOF, SUBJECT TO HIGHWAY AND EASEMENTS OF RECORD, ALL, IN THE CITY OF DUBUQUE, IOWA. The perimeter of DUBUQUE TECHNOLOGY PARK was surveyed by me and is described as follows: Lot 2, and Lot 2 of Lot 1 of Lot 1, both of the Subdivision of the NE 1/4 of the SW 1/4 of Section 12, Township 88 North, Range 2 East of the 5th P.M., according to the United States Government Survey and the recorded plats thereof, subject to highway and easements of record. and SE 1/4 of the SW 1/4, Lot 1 of Lot 1 of Lot 1 of the NE 1/4 of the SW 1/4, and Lot 1 of Lot 1 of Lot 8 of the SE 1/4, all in Section 12, Township 88 North, Range 2 East of the 5th P.M., according to the United States Government Survey and the recorded plats thereof, subject to highway and easements of record. Said parcel is more particularly described as follows: Beginning at the south quarter corner of said Section 12; Thence South 87 degrees 55 minutes 06 seconds West (assumed bearing) along the south line of the Southwest Quarter of Section 12 a distance of 1312.89 feet to the easterly right-of-way line of US Highway 61 and 151; Thence North 02 degrees 29 minutes 51 seconds West along said easterly right-of-way line 552.17 feet; Thence North 17 degrees 49 minutes 33 seconds East along said easterly right-of-way line 143.95 feet; Thence North 02 degrees 29 minutes 51 seconds West along said easterly right-of-way line 899.93 feet; Thence North 19 degrees 11 minutes 48 seconds West along said easterly right-of-way line 208.79 feet; Thence North 02 degrees 29 minutes 51 seconds West along said easterly right-of-way line 499.96 feet; Section 7 of 12 SURVEYOR'S CERTIFICATE (continued) Thence North 02 degrees 17 minutes 53 seconds Fast along said easterly right-of-way line 179.41 feet; Thence North 02 degrees 29 minutes 51 seconds West along said easterly right-of-way line 137.82 feet; Thence North 87 degrees 49 minutes 53 seconds East 129.73 feet; Thence North 81 degrees 42 minutes 18 seconds East 112.43 feet; Thence North 02 degrees 10 minutes 07 seconds West 39.42 feet to the north line of the Southwest Quarter of said Section 12; Thence North 88 degrees 10 minutes 33 seconds East along said north line 968.14 feet to the westerly line of Lot 2 of the Subdivision of Lot I of the Northeast Quarter of the Southwest Quarter of said Section 12; Thence South 00 degrees 57 minutes 27 seconds East along said westerly line 29.16 feet to the southwesterly line of said Lot 2; Thence southeasterly 107.97 feet along said southwesterly line along a non -tangential curve concave to the southwest, having a radius of 710.02 feet, a central angle of 08 degrees 42 minutes 47 seconds and a chord bearing of South 71 degrees 30 minutes 09 seconds East to the intersection with the east line of the Southwest Quarter of said Section 12 (said intersection also being the northwest corner of Lot 1 of the Subdivision of Lot 1 of Lot 8 of the Southeast Quarter of said Section 12); Thence southeasterly 201.01 feet along the northeasterly line of said Lot 1 along a non -tangential curve concave to the southwest, having a radius of 710.02 feet, a central angle of 16 degrees 13 minutes 16 seconds and a chord bearing of South 59 degrees 02 minutes 07 seconds Fast; Thence South 50 degrees 55 minutes 30 seconds Fast along said northeasterly line 901.91 feet to the northeast corner of said L.ot 1; Thence South 02 degrees 13 minutes 51 seconds East along the east line of said Lot 1 a distance of 1878.49 feet to the south line of the Southeast Quarter of said Section 12; Thence South 87 degrees 44 minutes 06 seconds West along said south line 835.10 feet to the point of beginning, containing 121.87 acres more or less. That I have platted said property as DUBUQUE TECHNOLOGY PARK, Dubuque, Iowa, the plat of which is attached hereto and made a part of this certificate, that said property was surveyed by me in May of 1998 and laid out and platted into lots, that said plat is a true and correct representation of said survey, that all distances are correctly shown on said plat in feet and hundredths of a foot, and that all thoroughfares and casements to be dedicated to the public are shown on said plat, that the outside boundary lines of said plat are correctly designated, and that all monuments will be placed prior to October 1, 1998. Section 8 of 12 SURVEYOR'S CERTIFICATE (continued) IN WITNESS WHEREOF I have hereunto set my hand and affixed my seal this 10" day of June, 1998 A.D. .. _ RA A. CHILDERS License No. 11306 My license renewal date is December 31, 1999 tl low OWNER'S CONSENT Dubuque, Iowa Section 9 of 12 Tune 15__, 1998 The undersigned, Terrance Duggan. Mayor and Mary Davis, Clerk of the City of Dubuque, Iowa, do hereby certify that the foregoing correct FINAL, OF DUBUQUE TECHNOLOGY PARK, AS COMPRISED OF LOT 2, AND LOT 2 OF LOT 1 OF LOT 1, BOTH OF THE SUBDIVISION OF THE NE 1/4 OF THE SW 1/4, THE SE 1/4 OF THE SW 1/4, I.OT 1 OF LOT I OF LOT 1 OF THE NE 1/4 OF THE SW 1/4, AND LOT 1 OF LOT 1 OF LOT 8 OF THE SE 1/4, ALL IN SECTION 12, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY AND THE RECORDED PLATS THEREOF, SUBJECT TO HIGHWAY AND EASEMENTS OF RECORD, ALL IN THE CITY OF DUBUQUE, IOWA, as appears heretofore has been filed in the office of the City Clerk of Dubuque, Iowa and that by Resolution No: 256-98 , the City Council of City of Dubuque, Iowa approves sajUlplat_ r fif State of Iowa } } Ss: County of Dubuque } CITY OF DUBUQU IOWA T ce Du gan, May IAI 'D Mary avis, City Clerk On this _15th_ day of _ June____, AD 1998, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Terrance Duggan, Mayor, and Mary Davis, City Clerk, to me personally known, who, being duly sworn did say that Terrance Duggan is Mayor and Mary Davis is City Clerk of the City of Dubuque, Iowa, that said instrument was signed on behalf of said City of Dubuque, Iowa by the authority of the City Council of said City, and said Terrance Duggan, Mayor, and Mary Davis, City Clerk, acknowledged the execution of said instrument to be the voluntary act and deed of said City of Dubuque, Iowa voluntarily executed. / . s W fTY131F4"+" 9 -- - �• Witness my hand and Notarial Seal on the date above written u� (� Notary Public in and for the State of Iowa Section 10 of 12 COUNTY TREASURER Dubuque, Iowa j 1998 1, the undersigned, Eric Stierman, Treasurer of Dubuque County, Iowa, do hereby certify that all taxes levied against LOT 2, AND LOT 2 OF LOT 1 OF LOT 1, BOTH OF THE SUBDIVISION OF THE NE 1/4 OF THE SW 1/4, THE SE 1/4 OF THE SW 1/4, LOT 1 OF LOT 1 OF LOT 1 OF THE NE 1/4 OF THE SW 1/4, AND LOT 1 OF LOT 1 OF LOT 8 OF THE SE 1/4, ALL IN SECTION 12, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY AND THE RECORDED PLATS THEREOF, SUBJECT TO HIGHWAY AND EASEMENTS OF RECORD, ALL IN THE CITY OF DUBUQUE, IOWA, have been paid .and said real estate is free and clear of all taxes as of this date. s• s`y\��% _ Treasurer of Dubuque County, Iowa() • . ro y-p r 41.r. RECORDER` S CERTIFICATE Dubuque, Iowa _ 1998 1998 The foregoing FINAL PLAT OF DUBUQUE TECHNOLOGY PARK, AS COMPRISED OF LOT 2, AND LOT 2 OF LOT 1 OF LOT 1, BOTH OF THE SUBDIVISION OF THE NE 1/4 OF THE SW 1/4, THE SE 1/4 OF THE. SW 1/4, LOT 1 OF LOT 1 OF LOT .l OF THE NE 1/4 OF THE. SW 1/4, AND LOT 1 OF LOT 1 OF LOT 8 OF THE, SE 1/4, ALL IN SECTION 12, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY AND THE RECORDED PLATS THEREOF, SUBJECT TO HIGHWAY AND EASEMENTS OF RECORD, ALL IN THE CITY OF DUBUQUE, IOWA, has been reviewed by the Dubuque County Recorder. t .,, "I ,,.. gar �l:av�, o pro. car; USU%. Recorder of Dubuque County, Iowa ATTORNEY'S CERTIFICATE Dubuque, Iowa TO WHOM IT MAY CONCERN Section I 1 of 12 JuWE 3 6 , 1998 This will certify that I have examined the abstract of title LOT 2, AND LOT 2 OF LOT 1 OF LOT 1, BOTH OF THE SUBDIVISION OF THE NE 1,4 OF THE SW 1/4, THE SE 1/4 OF THE SW 1/4, LOT 1 OF LOT 1 OF LOT 1 OF THE NE 1/4 OF THE SW 1/4, AND LOT I OF LOT I OF LOT 8 OF THE SF, 1/4, ALL IN SECTION 12, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TII P.M., ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY AND THE RECORDED PLATS THEREOF, SUBJECT TO HIGHWAY AND EASEMENTS OF RECORD, ALL IN THE CITY OF DUBUQUE, IOWA covering the period fro overWnrnt entLy to -JugE 30,19gr6 certified on that date by bA00kC Co'w an� in Ntat 5aic"abstract shows good and merchantable title to said real estate in COrg cf t 400 10%-AN free and clear of all liens and encumbrances and shows taxes paid including taxes for the year 1496 -97. Attney at Law PLANNING SERVICES Dubuque, Iowa _ 3V4,P— rZ,-/ , 1998 The foregoing FINAL, PLAT OF DUBUQUE TECHNOLOGY PARK, AS COMPRISED OF LOT 2, AND LOT 2 OF LOT 1 OF LOT 1, BOTH OF TFIE SUBDIVISION OF THE NE 1/4 OF THE SW 1/4, THE SE 1/4 OF THE SW 1/4, LOT 1 OF LOT I OF LOT 1 OF THE NE 1/4 OF THE SW 1/4, AND LOT 1 OF LOT 1 OF LOT 8 OF TIIE SE 1/4, ALL IN SECTION 12, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., ACCORDING TO THE UNITED STAPES GOVERNMENT SURVEY AND THE RECORDED PLATS THEREOF, SUBJECTTO HIGHWAY AND EASEMENTS OF RECORD, ALL IN THE CITY OF DUBUQUE, IOWA, or within the two mile jurisdiction of the City of Dubuque, Iowa, as defined under Section 354 of the Code of Iowa, has been reviewed by the City Planner, (or designee) of the City of Dubuque in accordance with Chapter 42 of the City of Dubuque Code of Ordinances, and said approval has been endorsed herein on the date first written above. Planning Services Division _ City of Dubuque, Iowa City Planner Prepared by: Laura Carstens. City Planner Address: City Hall Telephone: 589-4210 RESOLUTION NO. 256 -98 A RESOLUTION APPROVING THE FINAL PLAT OF DUBUQUE TECHNOLOGY PARK IN THE CITY OF DUBUQUE, IOWA. Whereas, there has been filed with the City Clerk a final plat of Dubuque Technology Park in the City of Dubuque, Iowa; and Whereas, upon said final plat appear streets to be known as Digital Drive (Lot A), Data Court (Lot B), the southerly half of Lake Eleanor Road (Lot C) and Public Areas (Lots D and E), together with certain public utility and sewer easements, which the owners by said final plat have dedicated to the public forever; and Whereas, the preliminary plat has been examined by the Zoning Advisory Commission and had its approval endorsed thereon; and Whereas, said final plat has been reviewed by the City Planner and had the City Planner's approval endorsed thereon, subject to the owner agreeing to the conditions noted in Section 2 below; and Whereas, said final plat has been examined by the City Council and they find that it conforms to the statutes and ordinances relating to it, except that no streets or public utilities have yet been constructed or installed; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedications of Digital Drive (Lot A), Data Court (Lot B), the southerly half of Lake Eleanor Road (Lot C) and Public Areas (Lots D and E), together with public utilities, sanitary sewer, drainage and pedestrian easements as they appear upon slid final plat, be and the same are hereby accepted; and Section 2. That the final plat of Dubuque Technology Park is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa, upon said final plat. Section 3. Sidewalk installation shall be the responsibility of the owner of the property abutting the public rights -of -way, including lots with multiple frontages, as required by City RESOLUTION NO. 256 -98 Page 2 Code 41-161 through 41-164. No sidewalks shall be required along U.S. Highway 61 /1 E 1. The responsibility shall extend to all successors, heirs and assignees. Sidewalk installation will not be required until the development of the lot has been completed, except as required herein. All vacant lots shall have sidewalks installed upon development of 80% of the developable lots approved by the plat. Section 4. That the final acceptance of all public improvements shall occur upon certification of the City Engineer to the City Council that all public improvements have been completed in accordance with the improvement plans and City standard specifications and accepted by City Council Resolution. Passed, approved and adopted this 15tlday of June , 1998. L T rrance M. Duggan, ,or ATTEST Mary Davis, City Clerk PL\COUNCIL\RES\dbgtech.res RESOLUTION NO. 256 -98 Page 3 ACCEPTANCE OF RESOLUTION NO. 256 -98 I, the undersigned, Terrance M. Duggan, Mayor, City of Dubuque, havi lg read the terms and conditions of the Resolution No. 256 - -98 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this 15th day of June 1998 B ,1/errance M. Duggan, yor CERTIFICATE OF CITY CLERK STATE OF IOWA COUNTY OF DUBUQUE 1, Mary A. Davis, 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 Resolution No. 256- 988 is a correct copy of the original Resolution No. 256-98 approved and adopted by the City Council of the City of Dubuque, Iowa, at a session held by said Council on the 15th day of June, 1998. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa this 30th day of June, 1998. t ; MaWA. Davis CIVIC ' - City Clerk for City of Dubuque, Iowa (SEAL) i J 0 61 Subject Property: • 10490 Lake Eleanor i I I I .• i I I PI I I I I I I I ity of Du que, IA Vicinity Map o �? F N� P� gSeURrR ENNSYLVAN AAVE DODGEST SwgRTFRiq Applicant: Joe Meyers - Imon Communications Location: 10490 Lake Eleanor Road, PIN 1512327001 Description: To amend the Dubuque Technology Park Planned Unit Development to accommodate a fiber optic hub. i_ = i Subject Property Q Dubuque Technology Park PUD City limits 0 250 500 1,000 N Feet A 1:8,000 STATE OF IOWA SS: DUBUQUE COUNTY CERTIFICATE OF PUBLICATION I, Kathy Goetzinger, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: 01/06/2023 an i for which the charge is 36.89 Subscribed to before me, a Notary Pub 'c in and for Dubuque County, Iowa, this 6th day of January, 2023 D Notary 9 is in and for Dubuque County, Iowa. pIAL JANET K. PAPE oP.= P Commission Number 199659 4064, ,, 1,; • My Commission Expires tawh 12/11/2025 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 January 2023, at 6:30 p.m., in the Historic Federal Building, 350 W. 6th Street, 2nd floor, Dubuque, Iowa, on the following: 1. "AMEND PLANNED UNIT DEVELOPMENT Request from Joe Meyers, ImOn Communications, for property located at 10490 Lake Eleanor Dr., to amend the Dubuque Technology Park Planned Unit Development to accommodate a fiber optic hub. 2."TEXT AMENDMENT Request from the City of Dubuque to amend the Unified Development Code Section 16-11-8 Subdivision Design Standards and Section 16-13-3 Site Development Requirements regarding extension of public improvements. 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, etyclerk@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 1/6 STATE OF IOWA SS: DUBUQUE COUNTY CERTIFICATE OF PUBLICATION I, Kathy Goetzinger, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: 01/20/2023 and for which the charge is 112.97 v I Subscribed to before me, a Notary Public�in)and for Dubuque County, Iowa, this 20th day of January, 2023 —/ Notary Publ!clin and for Dubuque County, Iowa. JANET K. PAPE Commission Number 199859 My Commission Expires 12/11/2025 Ad text : CITY OF DUBUQUE OFFICIAL PUBLICATION ORDINANCE NO. 3 23 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 UNIFIED DEVELOPMENT CODE OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RESCINDING ORDINANCE 13-08 AND ADOPTING THE AMENDED DUBUQUE TECHNOLOGY PARK PLANNED UNIT DEVELOPMENT ORDINANCE WITH PLANNED INDUSTRIAL DESIGNATION AND CONCEPTUAL PLAN NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the Dubuque Code of Ordinances, Unified Development Code, is hereby amended by rescinding Ordinance 13-08 and adopting amended Dubuque Technology Park Planned Unit Development with PI Planned Industrial designation ordinance and conceptual plan for the following property legally described, to wit: Lots, A, B. C, D and E Lots 1, 3 and 4 of Block 1 Lots 1, 2, 3, 4, 5, 6, 7, 8, 1-10, 11, and 12 of Block 2 all in Dubuque Technology Park; Lots 1 and 2 of Dubuque Technology Park No. 2; Lot 1-1 and Lot 2-1 of Dubuque Technology Park No. 3; Lots 1 and 2-Dubuque Technology Park No. 4, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. B. "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 4. ""Carry -out Restaurant" 5. ""Properties" 6. ""Lot" 7. " "Owner" 8.""Public Areas" C. "Use Regulations The following regulations shall apply to all uses made of land in this PUD District: Zone A: General Purpose and Description: Properties denoted on Attachment A as Zone A are intended to provide space for corporate offices, professional offices, and technology -oriented companies involved with software development, information technologies and other emerging technologies. 1. "Principal permitted uses within Zone A shall be limited to: a. "Public or quasi -public utilities including substations b. "General offices c. "MedicaVdental lab d. "Mail order houses e."Printing and publishing f. "Laboratories for research or engineering Parking shall be provided in accordance with Chapter 14 of the Unified Development Code. 2. "Conditional uses shall be limited to: [For purposes of this Ordinance, the following text is a summary. Full text is on file in the Office of the City Clerk.] a. "Licensed child care center within the principal structure of a permitted use or in an accessory structure on the same lot. Licensed child care centers are subject to state and local regulations; 3. "Accessory uses shall be limited to: a. "Retail outlets within the principal structure of a permitted use, selling products produced on -site and only as accessory to the principal use. b. "Any use customarily incidental and subordinate to the principal use it serves. c."Licensed child care centers shall not be allowed as an accessory use. Zone B: General Purpose and Description: Properties designated as Zone B can be developed for office and technology -oriented businesses as in Zone A or a limited amount .of commercial development. 1."Principal permitted uses shall be limited to: a."Public or quasi -public utilities, including substations. b. "General Offices c. "Medical/dental lab d. "Mail order houses e. "Printing and publishing f. "Laboratories for research or engineering g. "Business services h. "Retail/dry cleaner within a primary building only i. "Indoor restaurant j. "Carry -out restaurant within a primary building only k. "Drive -up automated bank teller within a primary building only 1. "Banks, savings and loans, and credit unions within a primary building only Parking shall be provided in accordance with Chapter 14 of the Unified Development Code. 2. "Conditional uses shall be limited to: [For purposes of this Ordinance, the following text is a summary. Full text is on file in the Office of the City Clerk.] a. "Licensed child care center 3. "Accessory uses shall be limited to: a. "Any use customarily incidental and subordinate to the principal use it serves. 4."Temporary uses shall be limited to: a. "Any use listed as a permitted use within this PUD District of a limited duration as established and as defined in Chapter 3-19 of the Unified Development Code. Zone C: General Purpose and Description: Properties designated as Zone C can be developed for public or quasi -public utilities. 1. "Principal permitted uses shall be limited to: a. "Public or quasi -public utilities, including substations and fiber optic hubs. D. "Lot and Bulk Regulations Development of land in the PUD District shall be regulated as follows: 1. "All building structures and activities shall be located in conformance with the attached conceptual development plan and all final site development plans shall be approved in accordance with provisions of the PUD District regulations of this ordinance and of Chapter 5-24 of the Unified Development Code. 2. "All building -related features shall be in accordance with the following lot and bulk regulations: a. "Maximum lot coverage shall be limited to 80%. All building and vehicle- related features shall be considered when calculating total land area coverage. b."Setbacks: > - Minimum front yard setback along Highway 61/151 = 25 ft. > - Minimum front yard setback along Lake Eleanor Rd = 50 ft. > - Minimum front yard setback on internal streets = 50 ft. > - Minimum side yard setback = 25 ft. > - Minimum rear yard setback = 25 ft. > - Minimum front yard setback within Zone C = 15 ft. c. "Within required front, side and rear setbacks, only driveways, fire lanes, open space features, and primary and secondary signage are allowed. Parking lots may encroach up to 25 feet into a 50-foot front yard setback, provided additional screening is provided as required in the Landscaping Regulations section of this PUD Ordinance. [For purposes of this Ordinance, the following terms shall have specific meaning. Full text is on file in the Office of the City Clerk.] E. "Parking Regulations F. "Landscaping Regulations G. "Sign Regulations H. "Performance Standards I. "Open Space and Recreation Area J. "Ordinance History 1. "Ord. 27-97: Rezoning from AG Agricultural District to Planned Unit Development with a Planned Industrial designation. 2. "Ord. 13-08: Amend from Planned Unit Development to Planned Unit Development with conditions and changed the name of the PUD district to Dubuque Technology Park. K. "Transfer of Ownership Transfer of ownership or lease of property in this PUD District shall include in the transfer or lease agreement a provision that the purchaser or lessee acknowledges the existence of this PUD District and the restrictions and conditions existing in this PUD District. L. "Modifications Any modifications of this Ordinance must be approved by the City Council in accordance with zoning reclassification proceedings of Chapter 9-5 of the Unified Development Code. M. "Recording A copy of this ordinance shall be recorded in the office of the Dubuque County Recorder as a permanent record of this amendment. Section 3. "The foregoing amendment has heretofore been reviewed by the Zoning Commission of the City of Dubuque, Iowa. Section 4. "The foregoing amendment shall take effect upon publication, as provided by law. Passed, approved, and adopted this 17th day of January, 2023. /s/ Laura J. Roussell, Mayor Pro Tern Attest: /s/Adrienne N. Breitfelder, CMC, City Clerk Published officially in the Telegraph Herald newspaper on the 20th day of January, 2023. /s✓Adrienne N. Breitfelder, City Clerk 1t 1/20