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Request to Amend Planned Unit Development 2600 Dodge Street, Plaza 20_HearingCity of Dubuque City Council Meeting Public Hearings # 01. Copyrighted March 20, 2023 ITEM TITLE: Request to Amend Planned Unit Development 2600 Dodge Street, Plaza 20 SUMMARY: Proof of publication on notice of public hearing to consider approval of a request from Michael Kahle, Plaza 20 to rezone property located at 2600 Dodge Street, Plaza 20 to amend the Plaza 20 Planned Unit Development boundary and signage regulations, and Zoning Advisory Commission recommending approval. ORDINANCE Amending Title 16, The Unified Development Code of the City of Dubuque Code of Ordinances by rescinding Ordinance 51-16 which established regulations for the Plaza 20 PUD Planned Unit Development District with a Planned Commercial Designation and now being amended to allow for modification of the On -Premise Sign Regulations applied to Plaza 20. SUGGESTED Suggested Disposition: Receive and File; Motion B; Motion A DISPOSITION: ATTACHMENTS: Description Type Staff Memo Staff Memo Application Supporting Documentation Vicinity Map Supporting Documentation Sign Rendering Supporting Documentation Staff Report Supporting Documentation Plaza 20 Maps Supporting Documentation Sign Imagery Supporting Documentation Ordinance Ordinance Existing Ordinance Supporting Documentation Presentation Supporting Documentation Planning Services Department Dubuque City Hall THE CITY OF 50 West 13th Street Dubuque, IA 52001-4864 DUjB E MAN010 V4 11111F (563) 589-4210 phone (563) 589-4221 fax (563) 690-6678 TDD Masterpiece on the MiSSI'SSIPPI 2007,2012-2013 2017*2019 p1anning@ci!yofdubuque.or March 7, 2023 The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 13 th Street DubuquelA 52001 Applicant: Michael Kahle, Plaza 20 Location: Plaza 20, 2600 Dodge Street Description: To amend the Plaza 20 Planned Unit Development boundary and signage regulations 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 spoke in favor of the request, noting they are seeking to incorporate recently acquired properties within the Plaza 20 PUD boundary. He stated they are also seeking to update their sign ordinance to accommodate new signage for Subway, which is relocating within the PUD, add area to another freestanding sign, and define out lot signage for the new parcel. Staff reviewed the staff report, providing a background about the Plaza 20 commercial area and described the business changes taking place within the PUD boundary. Staff described the PUD boundary adjustment. Staff explained modifications to the sign regulations noting the proposal to add area to two existing freestanding signs and new out lot signage. Staff noted a letter of inquiry was received from a neighboring property owner and a copy of the letter had been provided to the Commission. There were no public comments. The Zoning Advisory Commission discussed the request, and asked whether the proposed PUD amendment was connected to the new site development that was seeking a landscape buffer yard waiver in the previous agenda item, and Staff Member Duba confirmed that yes, the requests are tied to each other. Recommendation By a vote of 4 to 0, the Zoning Advisory Commission recommends that the City Council approve the request. Service People Integrity Responsibility Innovation Teamwork The Honorable Mayor and City Council Members Page 2 A simple majority vote is needed for the City Council to approve the request. Respectfully submitted, Rich Russell, Vice Chairperson Zoning Advisory Commission Attachments Service People Integrity Responsibility Innovation Teamwork TI i F CITY OF DUB ma!4erpiect, oil till, Zoning AdvisM Commissign Z Amended PUD Rezoning/PUD/ID Text Amendment Simple Subdivision Preliminary Plat Major Final Plat 0 Minor Final Plat El Waiver from Site Design Standards A. Property Information Zoninci Board of Ad ustment El Conditional Use Permit [I Special Exception El Variance El Appeal Development Servic es Annexation E] Limited Setback Waiver D Site Plan Simple Site Plan Minor Site Plan Major Simple Subdivision Temporary Use Permit Port of Dubuque/ Chaplain Schmitt Island Design Review Site Location/Address: 2600 Dodge St - Plaza 20 Legal Description/Parcel ID#/Subdivision: Lot 1 Plaza 20 No. 5 Existing Zoning: PC Proposed Zoning: PC Historic District: City of Dubuque Planning Services Department Dubuque, IA 52001-4845 Phone: 563-589-4210 Fax: 563-589-4221 planning.@cityofdubuque.org Historic PaMirvatilon Commission El Demolition Review D Historic Revolving Loan D Certificate of Economic Non -Viability El Design Review Certificate of Appropriateness ED Advisory Design Review (Public Projects) El Historic Designation Site Area (square feet/acres): 25.5 acres -andmark: El Yes CR No B. Describe proposal and reason for application (attach a letter of explanation, if necessary): To amend the Plaza 20 Planned Unit Development signacle regulations and boundary. C. Applicant/Agent Information Name: MWHA&L- S �-At4tC Phone: 6-63 - 5 � l- Address: 2*0V bNaC '�J -5-7-F*bY city: op ?,Of 4(9- State: JA Zip: :51-003 D. Property Owner(s) Information Email: Olt k,i 4 /R - n 7 o e I *,F, /, cc ik Name(s): Pt,444 '2-0? -M6 Phone: 563 - 597- -3 / z- Address: 0 .4 �' Z) C-,!E -!� 7- -S 72�- -16 city: 64'Jf4A(eZ- state: 1A Zip: 5,Zr2V Email: 614 -g 4 �70 0- E. Certification: I/we, the undersigned, do hereby certify/acknowledge that: 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: ep'-z 4116 Z�-_e 2 Property Owner(s): Date: 12-e .2,? FOR OFFICE USE ONLY Fee $ 488 Ck# NCC DCash Received by Jason Duba Date 2/20/2023 2 60 2 50 69 135 80 5 0 60 8 53 50 35 9- 2 0 35 CAMS 25 1 2685 2 30 1100 F_2-43 5' I I lc C FI�71 DODGES 10 0 11 2 123 2 66' 143 1511 LIMpp- 9 225 a TH 206 2390 ! 210 2375 2 55 82 2350 249 2380 VINF25511 2169 I'M QiQ 02951 WE LMM Vicinity Map 0\�I Applicant: Michael Kahle, Plaza 20 Location: Plaza 20, 2600 Dodge Street Description: To amend the Plaza 20 Planned Unit Development boundary and signage regulations. Plaza 20 PUD 0 125 250 500 Feet N 1:5,000 A ' � � • � : • � � TENANTCABINET �. 120 i n _ i x .G � � , � � � � � P � Double-sided cabinet �-- ''°� �`"� �' � � « � '� � �' � • Overall Size: 3 ' tall x 10 ' wide x 12" deep " '" � �� • Cabinet Finish : Standard gloss black ' �'�''` �� " � • � �� • Illumination : Low voltage white LED ' s and power supplies � :� �`-�, � ;; = f� �: � : '�"� �� y . .�. � � - .. _ • Sign Faces: White polycarbonate; sign faces left blank ' - � , , � �� • l �� - �� , . .--,a • Mounting : Mounted in between existing poles � �''r � � � ' . . � � Total sq,uare footage: 3B - � , ., * DRAWING IS NOT TO EXACT SCALE* U� ezozz- mese eawmg: a.e me oomrgnrvroreaea wovk at o�a��est�� c�y , m� mey may not be wv�ea, dupllCetetl, or reprotlucee In arry' manner wifhout the expre5s wrltten z10 CE DAR C ROS 5 R D . 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ALL DESIGNS PRESENTED ARE THE SOLE PROPERTY OF THE DUBUQUE SIGN CO, AND MAY NOT BE COPIED IN PART OR WHOLE WITHOUT WRITTEN PERMISSION FROM THE DUBUQUE SIGN CO. Dubuque THE CITY OF DUB f "I I 1 11 :11 1. all' Masterpiece on the Mississippi 2007-2012-2013 2017*2019 TO: Zoning Advisory Commission FROM: Jason Duba, Assistant Planner DATE: February 24, 2023 Planning Services Department City Hall - 50 West 1311, Street Dubuque, 1A 52001-4845 (563) 589-4210 phone (563) 589-4221 fax (563) 690-6678 TDD p1anning@ci!yofdubuque.or SUBJECT: Amendment of the Plaza 20 PUD boundary and signage regulations INTRODUCTION The applicant, Michael Kahle, Plaza 20, Inc., is requesting to amend the Plaza 20 PUD to increase its freestanding sign allowance, provide for out lot signage, and amend its boundary. Plaza 20 is a commercial shopping center that was first established in 1963. The PC -Planned Commercial zoning district that regulates Plaza 20 encompasses 30 acres and consists of four large commercial buildings housing 25 tenants and totaling approximately 200,000 square feet. The property has approximately 1,000 feet of frontage along Dodge Street/US Highway 20 and is bound by ravines leading down to Catfish Creek on the other sides. BACKGROUND The changes are being proposed because the property will soon be home to a new general retailer, and the existing Subway sandwich shop will relocate to a new building in the PUD area. r C-IWL I 2 Property to be rezoned I_ - � — __ Ile Freestanding signs, out lot, and area to be rezoned 7P1 Ta 270 A4 Memo to Zoning Advisory Commission Page 2 DISCUSSION The applicant is seeking to allow additional square footage on two of Plaza 20's existing freestanding signs, to add the category of Out Lot to the sign portion of the PUD, and to amend the PUD boundary by bringing the entire lot that a new general retailer will occupy under Plaza 20's PC zoning district. Subway, which was formerly on its own parcel and not a part of the PLID previously, is moving to a location within the Plaza 20 PUD. In doing so, Subway is losing the freestanding sign they had and are requesting to add a new sign panel onto the existing Plaza 20 signs on both the east and west ends of the property. The east sign has empty panels and can accommodate Subway. The west sign would need to have an additional panel constructed, but it is currently maxed out at 100 square feet. The applicant proposes a new 30-square foot panel, increasing the sign to a total of 130 square feet. The applicant also requests an additional 70 square feet be added to one of the signs that is currently allowed 250 square feet, bringing the total area to 320 square feet. This request is being made to accommodate anticipated future signage needs. There are two other existing freestanding signs for Plaza 20 that will remain the same, one of which is allowed 250 square feet, and one of which is allowed 400 square feet. If approved, the four freestanding signs would have the following area allowances: 0 130 square feet (previously 100) 0 250 square feet 0 320 square feet (previously 250) 0 400 square feet The applicant also requests to add the category of Out Lot to the sign portion of the PUD. This would cover a new general retailer as a business that is in Plaza 20 but on a separate platted lot. The proposed signage allowances are shown below and are adapted from C-3 sign regulations. On -Premise Permitted Sign Maximum I Permitted Permitted Signs Structures Area (sf) Number Projection Height Lighting Type Mechanical Location otion Plaza 20 PLID Out Lot Identification Signs Freestanding 200 per sign 1 40 feet Business, Retail, or 0 No Flashing None On subject 10% of any one 2 per business Office Wall building wall, per street Below eave or property or 400 aggregate s , frontage parapet whichever is less Directional Signs Internal only, All Freestanding 10 feet no flashing On subject Applications 6 per sign Not specified 0 None property Below eave or Wall No flashing parapet Memo to Zoning Advisory Commission Page 3 The applicant notes that the additional sign square footage is needed to adequately advertise the plaza's name, and primary and secondary tenants to the motoring public along Dodge Street. The signs will be placed along a major arterial, in a highly commercialized corridor and will be located across the Dodge Street right-of-way approximately 300 feet south of the nearest residential property. The signs should not impede visibility. The final request is to amend the PUD boundary by bringing the entire lot that a new general retailer will occupy under Plaza 20's PC district. There are two portions of this lot that are zoned C-3 from previous occupants. The applicant seeks to unify the zoning for that property under the PC designation. RECOMMENDATION City staff recommends that the Zoning Advisory Commission review the enclosed materials and make a recommendation regarding the amendment to the Plaza 20 PUD to increase its freestanding sign allowance, provide for out lot signage, and amend its boundary. Attachments W.— AAW&-. r -tla:za 20 Freestanding Signs & Boundary Adjustment 2525 cl LU j R-1 —55 Ui > cr- Z Plaza 20 100sf,130sf Starbucks Plaza 20 250sf--),320sf +New Sign D��aE Plaza 20, 40OSf Subwa Plaza 20 250sf �'26.60' r 26 2 4ft 26� 2670 R-1 OKI Property to be rezoned 'e from C-3 to PC fe en 7 A �:2560 r Out Loi 1�41 2600 Ire M!W Pcer�" or e0l & 40 0 Plaza 20 Out Lot C-3 2660 12 OEM 25 2620 6 0 r-I A A dw ft Out Lot 2560 r 4. 1311 .2600 . . . . . . -35 00, jo F 151 -777- 151 Freestanding signs along Plaza 20 frontage with Dodge Street, Street View July 2022 imagery -.m Two signs requested to be allowed to have more area 1. Add 30 square feet and go from 100 square feet to 130 square feet 2. Add 70 square feet and go from 250 square feet to 320 square feet Freestanding signs along Plaza 20 frontage with Dodge Street, Street View July 2022 imagery Affordable WIN I 1L M19 po Stijl i. P.AOVINI LUS I WMQ3MJ.a3NUX3W Ip -M Prepared by: Wally Wernimont, City Planne 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. 7-23 AN ORDINANCE AMENDING TITLE 16, THE UNIFIED DEVELOPMENT CODE OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RESCINDING ORDINANCE 51-16 WHICH ESTABLISHED REGULATIONS FOR THE PLAZA 20 PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PLANNED COMMERCIAL DESIGNATION AND NOW BEING AMENDED TO ALLOW FOR MODIFICATION OF THE ON - PREMISE SIGN REGULATIONS APPLIED TO PLAZA 20 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE. IOWA: Section 1. That Title 16, the Unified Development Code of the City of Dubuque Code of Ordinances is hereby amended by rescinding Ordinance 51-16 which established regulations for the Plaza 20 Planned Unit Development District with a Planned Commercial District designation, and now being amended to allow modification of the on -premise sign regulations applied to Plaza 20, to wit: A. Use Regulations The following regulations shall apply to all uses made of land in the above -described Planned Unit Development: Principal permitted uses: The following uses are permitted in the Plaza 20 Planned Unit Development: 1. Regional shopping center 2. Retail sales/service 3. Indoor restaurant 4. Drive-in/carry-out restaurant 5. General offices 6. Indoor recreation 7. Outdoor recreation 8. Auto sales and service Plaza 20 PUD Ordinance Page 2 9. Auto service centers 10. Automated gas station 11. Self-service car wash 12. Business services 13. Hotel 14. Motel 15. Auditorium or assembly hall Accessory Uses: The following accessory uses are permitted in the Plaza 20 Planned Unit Development: Any use customarily incidental and subordinate to the principal use it serves. 2. Outdoor seating as part of an indoor restaurant, bar or tavern. Conditional Uses: The following conditional uses are permitted in the Plaza 20 Planned Unit Development, subject to the provisions of Section 8 of the Unified Development Code that establishes requirements for application to the Zoning Board of Adjustment for a conditional use permit, and any other specific conditions listed below for a conditional use. Licensed child care centers, provided that: a. Such facility shall supply loading and unloading spaces so as not to obstruct public streets or create traffic or safety hazards; b. All licenses have been issued or have been applied for and are awaiting the outcome of the state's decision; and c. Such use shall not be located within the same structure as any gas station, bar/tavern, automated gas station or any facility selling, servicing, repairing, or renting vehicles. 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 licensed child care center is so located, continue to comply with all local, state and federal regulations governing hazardous substances, hazardous conditions, hazardous wastes, and hazardous materials. e. If the applicant is subject to the requirements of Section 302 of the Superfund Amendments and Reauthorization Act of 1986, as amended, the Emergency Management Director Plaza 20 PUD Ordinance Page 3 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. Applicant shall submit an evacuation plan for approval by the City, both written and drawn, that details where the children will go in the event of a hazardous materials incident. The plan shall include a "house in place" scenario in which the children can be kept safely within a room of the building that has no penetration to the outside (windows, doors, etc). g. Applicant shall submit plans for approval by the City that indicate the installation of a main emergency shut-off switch for the heating, ventilation, and air conditioning (HVAC) system to minimize the infiltration risk of airborne hazardous materials. B. Lot and Bulk Regulations. The following bulk regulations shall apply in the Plaza 20 Planned Unit Development, subject to the provisions of the Unified Development Code. All shopping center buildings, structures, and activities shall be developed in substantial conformance with previously approved conceptual development plan(s). 2. All shopping center buildings and structures shall be limited to a maximum height of 40 feet. All buildings and structures located on out lots shall be developed in compliance with the bulk regulations of the C-3 General Commercial district, C. Sign Regulations. The provisions of the City of Dubuque Unified Development Code, Section 15 Signs shall apply unless further regulated by this section. 2. On -premise signs: On -premise signs shall be regulated in accordance with the provisions of Exhibit A. Off -premise signs: Off -premise signs shall be prohibited. Plaza 20 PUD Ordinance Page 4 4. Variances: Variances from sign requirements for size, number, and height may be requested. Such variances shall be reviewed by the Zoning Board of Adjustment in accordance with Article 8-6 of the Unified Development Code. D. Parkinci Regulations Parking requirements for Plaza 20 shall be one space per 250 square feet of retail space accessible to the general public. All vehicle -related features shall be surfaced with standard or permeable asphalt, concrete, or pavers. 3. Curbing and proper surface drainage of storm water shall be provided. 4. All parking and loading spaces shall be delineated on the surfacing material by painted stripes or other permanent means. 5. The size and design of parking spaces shall be governed by applicable provisions of the Unified Development Code enforced at the time of development of the lot. 6. The number, size, design, and location of parking spaces designated for persons with disabilities shall be according to the local, state, or federal requirements in effect at the time of development. 7. Parking requirements for businesses located on out lots shall comply with the provisions of Section 14 of the Unified Development Code. E. Site Lighting Exterior illumination of site features shall be limited to the illumination of the following: a. Parking areas, driveways and loading facilities. Pedestrian walkway surfaces and entrances to building. C. Building exterior. 2. Location and Design All exterior lighting luminaries shall be designed and installed to shield light from the luminaries at angles above 72- degrees from vertical. Plaza 20 PUD Ordinance Page 5 b. Fixtures mounted on a building shall not be positioned higher than the roofline of the building. C. All electrical service lines to posts and fixtures shall be underground and concealed inside the posts. F. Exterior Trash Collection Areas 1 The storage of trash and debris shall be limited to that produced by the principal permitted use and accessory uses of the lot. 2. 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. All exterior entrances to a screened trash area shall be provided with a gate or door of similar design to that of the screen. G. Performance Standards The development and maintenance of uses in this Planned Unit Development shall be established in conformance with the following standards. That the east side of Plaza 20 adjacent to the new retail space be planted with species of shade trees that will provide an effective screen in the future between the commercial plaza and residential properties to the east. 2. Platting: Subdivision plats shall be submitted in accordance with Section 11 Land Subdivision of the City of Dubuque Unified Development Code. Site Plans: Final site development plans shall be submitted in accordance with Section 12 Site Plans and Section 13 Site Design Standards of the City of Dubuque Unified Development Code prior to construction of each building and vehicle -related feature unless otherwise exempted by Article 12. 4. Storm Water Conveyance: The developer of each lot shall be responsible for providing surface or subsurface conveyance(s) of storm water from the lot to existing storm sewers or to the flow line of open drainage ways outside the lot in a means that is satisfactory to the Engineering Department of the City of Dubuque. Other applicable regulations enforced by the City of Plaza 20 PUD Ordinance Page 6 Dubuque relative to storm water management and drainage shall apply to properties in the Planned Unit Development. H. Other Codes and Regulations Service Lines. All electric, telephone, cable, or other similar utility lines serving the building and other site features shall be located underground, where feasible. 2. These regulations do not relieve the owner from other applicable city, county, state or federal codes, regulations, laws and other controls relative to the planning, construction, operation and management of property within the city of Dubuque. Transfer of OwnershiD Transfer of ownership or lease of property in the Plaza 20 PUD shall include in the transfer or lease agreement a provision that the purchaser or lessee acknowledges awareness of the conditions authorizing the establishment of the District PUD. J. Recordina A copy of this PUD Ordinance shall be recorded, at the expense of the property owner, with the Dubuque County Recorder as a permanent record of the conditions accepted as part of this reclassification approval. This ordinance shall be binding upon the undersigned and his/her heirs, successors and assigns. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. The foregoing amendment shall take effect upon publication, as provided by law. Passed, approved, and adopted this 20th day of March 2023. Attest: Adrienne N. Breitfelder, City Clerk ---S—rad M. C9�an-agh,-Wayor Permitted Sign Maximum Permitted Permitted On -Premise Signs Structures Area (sf) Number Projection Over Height Lighting Type Mechanical Location Right Motion -of -Way Plaza 20 P Identification Signs Shopping Center Identification/or 400 per sign Min. 100 feet distance Max 1 sign of each of the 4 External or between signs subject to identification of On -Premise 320 per sign areas listed, for a total of 4 0 40 feet internal, no None approval by Plaza 20 tenants with at Freestanding 250 per sign least 10,000 square 130 per sign signs intermittent consistent with this Ordinance and regulations feet in floor area Under 5,000 square feet Any store front location Total allowable sign area floor area, 1 sign per each consistent with this shall not exceed 10% of business/ store per frontage Ordinance and area of wall parallel External or Wall and/or closest to on internal drives. Below eave or internal, no regulations. Over 5,000 square feet floor parapet If 2 sides of leased area frontage on internal area, 2 signs per each intermittent face internal frontage, Identification signs drives not to exceed a business/ store per frontage then may install signs on for business, retail, Max. of 650 square feet on internal drives. 0 None each side. and service uses 1 single or double-faced sign Mounted to pertenant. provide not less Tenants with 2 sides of leased than 8 feet Internal only, no Undercanopy 6 per sign Mounted under canopy area facing internal frontage clearance as intermittent may install up to 2 single or measured from double-faced signs. the ground Directional Signs Freestanding 10 feet Internal only, no Directional signs Wall 6 per sign Not specified 0 Below eave or None Not specified intermittent parapet Projecting 9r Plaza 20 PUD Out Lot A Identification Signs Freestanding 200 per sign 1 40 feet 10% of any one building 2 per business per street Below eave or Business, Retail, or 0 No Flashing None On subject property Office Wall wa 11, or 400 aggregate sf, whichever is less frontage parapet Directional Signs Internal only, no Freestanding 10 feet flashing All Applications 6 per sign Not specified 0 None On subject property Below eave or Wall No flashing parapet Doc ID: 011078500008 Type: GEN Kind: ORDINANCE Recorded: 03/23/2023 at 04:01:12 PM Fee Amt: $42.00 Paqe I of 8 Dubuque Countv Iowa Karol KennedV Recorder File2023-00002405 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. 131h St Telephone: 589-4121 ORDINANCE NO. 7-23 AN ORDINANCE AMENDING TITLE 16, THE UNIFIED DEVELOPMENT CODE OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RESCINDING ORDINANCE 51-16 WHICH ESTABLISHED REGULATIONS FOR THE PLAZA 20 PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PLANNED COMMERCIAL DESIGNATION AND NOW BEING AMENDED TO ALLOW FOR MODIFICATION OF THE ON - PREMISE SIGN REGULATIONS APPLIED TO PLAZA 20 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16, the Unified Development Code of the City of Dubuque Code of Ordinances is hereby amended by rescinding Ordinance 51-16 which established regulations for the Plaza 20 Planned Unit Development District with a Planned Commercial District designation, and now being amended to allow modification of the on -premise sign regulations applied to Plaza 20, to wit: A. Use Rec julations The following regulations shall apply to all uses made of land in the above -described Planned Unit Development: Principal permitted uses: The following uses are permitted in the Plaza 20 Planned Unit Development: 1 . Regional shopping center 2. Retail sales/service 3. Indoor restaurant 4. Drive-in/carry-out restaurant 5. General offices 6. Indoor recreation 7. Outdoor recreation 8. Auto sales and service ob+NMa`�\Y� 4fa Plaza 20 PUD Ordinance Page 2 9. Auto service centers 10. Automated gas station 11. Self-service car wash 12. Business services 13. Hotel 14. Motel 15. Auditorium or assembly hall Accessory Uses: The following accessory uses are permitted in the Plaza 20 Planned Unit Development: I Any use customarily incidental and subordinate to the principal use it serves. 2. Outdoor seating as part of an indoor restaurant, bar or tavern. Conditional Uses: The following conditional uses are permitted in the Plaza 20 Planned Unit Development, subject to the provisions of Section 8 of the Unified Development Code that establishes requirements for application to the Zoning Board of Adjustment for a conditional use permit, and any other specific conditions listed below for a conditional use. I - Licensed child care centers, provided that: a. Such facility shall supply loading and unloading spaces so as not to obstruct public streets or create traffic or safety hazards; b. All licenses have been issued or have been applied for and are awaiting the outcome of the state's decision; and c. Such use shall not be located within the same structure as any gas station, bar/tavern, automated gas station or any facility selling, servicing, repairing, or renting vehicles. d. 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 licensed child care center is so located, continue to comply with all local, state and federal regulations governing hazardous substances, hazardous conditions, hazardous wastes, and hazardous materials. e. If the applicant is subject to the requirements of Section 302 of the Superfund Amendments and Reauthorization Act of 1986, as amended, the Emergency Management Director Plaza 20 PUD Ordinance Page 3 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. Applicant shall submit an evacuation plan for approval by the City, both written and drawn, that details where the children will go in the event of a hazardous materials incident. The plan shall include a "house in place" scenario in which the children can be kept safely within a room of the building that has no penetration to the outside (windows, doors, etc). g. Applicant shall submit plans for approval by the City that indicate the installation of a main emergency shut-off switch for the heating, ventilation, and air conditioning (HVAC) system to minimize the infiltration risk of airborne hazardous materials. B. Lot and Bulk Regulations. The following bulk regulations shall apply in the Plaza 20 Planned Unit Development, subject to the provisions of the Unified Development Code. All shopping center buildings, structures, and activities shall be developed in substantial conformance with previously approved conceptual development plan(s). 2. All shopping center buildings and structures shall be limited to a maximum height of 40 feet. 3. All buildings and structures located on out lots shall be developed in compliance with the bulk regulations of the C-3 General Commercial district. C. Sign Regulations. The provisions of the City of Dubuque Unified Development Code, Section 15 Signs shall apply unless further regulated by this section. 2. On -premise signs: On -premise signs shall be regulated in accordance with the provisions of Exhibit A. 3. Off -premise signs: Off -premise signs shall be prohibited. Plaza 20 PUD Ordinance Page 4 4. Variances: Variances from sign requirements for size, number, and height may be requested. Such variances shall be reviewed by the Zoning Board of Adjustment in accordance with Article 8-6 of the Unified Development Code. D. Parking Regulations Parking requirements for Plaza 20 shall be one space per 250 square feet of retail space accessible to the general public. 2. All vehicle -related features shall be surfaced with standard or permeable asphalt, concrete, or pavers. 3. Curbing and proper surface drainage of storm water shall be provided. 4. All parking and loading spaces shall be delineated on the surfacing material by painted stripes or other permanent means. 5. The size and design of parking spaces shall be governed by applicable provisions of the Unified Development Code enforced at the time of development of the lot. 6. The number, size, design, and location of parking spaces designated for persons with disabilities shall be according to the local, state, or federal requirements in effect at the time of development. 7. Parking requirements for businesses located on out lots shall comply with the provisions of Section 14 of the Unified Development Code. E. Site Lighting 1 Exterior illumination of site features shall be limited to the illumination of the following: a. Parking areas, driveways and loading facilities. b. Pedestrian walkway surfaces and entrances to building. C. Building exterior. 2. Location and Design a. All exterior lighting luminaries shall be designed and installed to shield light from the luminaries at angles above 72- degrees from vertical. Plaza 20 PUD Ordinance Page 5 b. Fixtures mounted on a building shall not be positioned higher than the roofline of the building. C. All electrical service lines to posts and fixtures shall be underground and concealed inside the posts. F. Exterior Trash Collection Areas The storage of trash and debris shall be limited to that produced by the principal permitted use and accessory uses of the lot. 2. 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. All exterior entrances to a screened trash area shall be provided with a gate or door of similar design to that of the screen. G. Performance Standards The development and maintenance of uses in this Planned Unit Development shall be established in conformance with the following standards. That the east side of Plaza 20 adjacent to the new retail space be planted with species of shade trees that will provide an effective screen in the future between the commercial plaza and residential properties to the east. 2. Platting: Subdivision plats shall be submitted in accordance with Section 11 Land Subdivision of the City of Dubuque Unified Development Code. 3. Site Plans: Final site development plans shall be submitted in accordance with Section 12 Site Plans and Section 13 Site Design Standards of the City of Dubuque Unified Development Code prior to construction of each building and vehicle-reiated feature unless otherwise exempted by Article 12. 4. Storm Water Conveyance: The developer of each lot shall be responsible for providing surface or subsurface conveyance(s) of storm water from the lot to existing storm sewers or to the flow line of open drainage ways outside the lot in a means that is satisfactory to the Engineering Department of the City of Dubuque. Other applicable regulations enforced by the City of Plaza 20 PUD Ordinance Page 6 Dubuque relative to storm water management and drainage shall apply to properties in the Planned Unit Development. H. Other Codes and Regulation Service Lines. All electdc, telephone, cable, or other similar utility lines serving the building and other site features shall be located underground, where feasible. 2. These regulations do not relieve the owner from other applicable city, county, state or federal codes, regulations, laws and other controls relative to the planning, construction, operation and management of property within the city of Dubuque. Transfer of Ownershi Transfer of ownership or lease of property in the Plaza 20 PUD shall include in the transfer or lease agreement a provision that the purchaser or lessee acknowledges awareness of the conditions authodzing the establishment of the District PUD. J. Recording A copy of this PUD Ordinance shall be recorded, at the expense of the property owner, with the Dubuque County Recorder as a permanent record of the conditions accepted as part of this reclassification approval. This ordinance shall be binding upon the undersigned and his/her heirs, successors and assigns. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. The foregoing amendment shall take effect upon publication, as provided by law. Passed, approved, and adopted this 20�1 day of March 2023. ---Tfr—ad M. C-iran—agh-,—Mayor Attest: a2�,4,q,� 4�? A4&:�2 Adrienne N. Breiffelder, City Clerk 0 0 a -r, 0 0 > CL U N 13LO 'A M m c 0 c t V) r-4 tko U txo 0 -C V; w 0 cu CL a) 0 (u o m 4) 0 CL 0 CL 'a 0 0) tjo -0 r -zu- c o CL u cu u (U > tkO 'A W >� M -0 u 0 0 W W — m W (U 0 M c E z V) 0 c 0 0) c u 0 0 0 < 0 (U 0) a) 0 0 0 0 0 z z z z z 0 0 0 o 0 c o 0 c a c c c w tio >, tto to cu ai r M r " c = r " C E 0 E 0 :E (U - " +, al aj 41 W CU c 0) C a) 0 r 0 x ui X U.J a) c w a z w z C 0 0 (U E cu 0 -0 0 0 0 CU a 0 "a (U 4) > 4) > di W > CU CL w r- C W 0 00 (U m W CL cu m 0. M CL CU m - - = r CD m C) m Cc ?. - m 0 0 m M 0 CU 1-4 0 CL 0 CL 0 CL > -C a) m -C 0 w 0) (U cu cm CL E co cn co C) 0 a) w 0 tw c tw w o a) M M a) 'a cu cu aj u C 'A .2 C M o — o m 0 2 " C W - w W 0 c c 0 0 U m M > > m CL w 'r: ,v - CU - rr c 'a W -0 0) m N w cu 0) M - 'A 0� &A 06 m a — — -a rz o 0 aj bO cu 0 *- :3 0 CU m 0) M - a cr c C c .0 =3 c (U w N aj CL (U c a) CL 0 0 0 0 C 0 U� m 0 w 0 0 to w N o CL z z M V) c Lr� (o W) c CL) C x m c W 0 W W 0 o - cu S 7a 2 - c CL a) D m . 0 > 0 c u m 0) E C-4 0 -0 -1 M M tko 0 rz , m 0 :6 (U — a c 0 W OJ = tlo A -0 — x CL W r OJ to tv to rA o c o r A 4) 0 m CL 0. 0- CL m x o �: 'o w Q) 0. >� > 0 w cu C) CD CD 0 3 w - w Ln 0 — 0 tw to CL CL 0 c 0 CL LO 0 N Ln m = 0 0 tD u en N -q M M 0 0 c C cu r%l — - :E 0 0 0, m - m 0 .> I m 0 E C) a cu tw CL to r_ w a 0 w m m m m m 0- aj LL U- LL Lj- cu , " m 0 0 M CU (A C m 41 :3 cr m v; :3 0 0 0 - -Z — — %, -:: 0 c 0 w m tw m 0 0 c 0 m 0 L c Qj w 0 EE m -1 :3 x LLJ V, M Z (U c m :I 0 0 co CERTIFICATE of the CITY CLERK STATE OF IOWA SS: COUNTY OF DUBUQUE ) 1, Adrienne N. Breiffelder, 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. 7-23 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 22nd day of March, 2023. /� Ae;A4— Adrienne N. Breitfelder, City Clerk PEA 'Olt r % 01 Prepared by: Laura Carstens, City Planner Address: 50 W. 13th St., City Hall Telephone: 589-4210 Return to: Kevin Firnstahl, City Clerk, Address: City Hall- 50 W. 1311 Street Telephone: 589-4121 ORDINANCE NO. 51-16 AN ORDINANCE AMENDING TITLE 16, THE UNIFIED DEVELOPMENT CODE OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RESCINDING ORDINANCE 13-16 WHICH ESTABLISHED REGULATIONS FOR THE PLAZA 20 PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PLANNED COMMERCIAL DESIGNATION AND NOW BEING AMENDED TO ALLOW FOR MODIFICATION OF THE ON -PREMISE SIGN REGULATIONS APPLIED TO PLAZA 20 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16, the Unified Development Code of the City of Dubuque Code of Ordinances is hereby amended by rescinding Ordinance 13-16 which established regulations for the Plaza 20 Planned Unit Development District with a Planned Commercial District designation, and now being amended to allow modification of the on -premise sign regulations applied to Plaza 20, to wit: A. Use Regulations The following regulations shall apply to all uses made of land in the above -described Planned Unit Development: Principal permitted uses: The following uses are permitted in the Plaza 20 Planned Unit Development: 1 . Regional shopping center 2. Retail sales/service 3. Indoor restaurant 4. Drive-in/carry-out restaurant 5. General offices 6. Indoor recreation 7. Outdoor recreation 8. Auto sales and service Plaza 20 PUD Ordinance No. 51-16 Page 2 9. Auto service centers 10. Automated gas station 11. Self-service car wash 12. Business services 13. Hotel 14. Motel 15. Auditorium or assembly hall Accessory Uses: The following accessory uses are permitted in the Plaza 20 Planned Unit Development: Any use customarily incidental and subordinate to the principal use it serves. 2. Outdoor seating as part of an indoor restaurant, bar or tavern. Conditional Uses: The following conditional uses are permitted in the Plaza 20 Planned Unit Development, subject to the provisions of Section 8 of the Unified Development Code that establishes requirements for application to the Zoning Board of Adjustment for a conditional use permit, and any other specific conditions listed below for a conditional use. Licensed child care centers, provided that: a. Such facility shall supply loading and unloading spaces so as not to obstruct public streets or create traffic or safety hazards; b. All licenses have been issued or have been applied for and are awaiting the outcome of the state's decision; and c. Such use shall not be located within the same structure as any gas station, bar/tavern, automated gas station or any facility selling, servicing, repairing, or renting vehicles. d. 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 licensed child care center is so located, continue to comply with all local, state and federal regulations governing hazardous substances, hazardous conditions, hazardous wastes,,and hazardous materials. e. If the applicant is subject to the requirements of Section 302 of the Superfund Amendments and Reauthorization Act of 1986, as amended, 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 Plaza 20 PUD Ordinance No. 51-16 Page 3 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. Applicant shall submit an evacuation plan for approval by the City, both written and drawn, that details where the children will go in the event of a hazardous materials incident. The plan shall include a "house in place" scenario in which the children can be kept safely within a room of the building that has no penetration to the outside (windows, doors, etc). g. Applicant shall submit plans for approval by the City that indicate the installation of a main emergency shut-off switch for the heating, ventilation, and air conditioning (HVAC) system to minimize the infiltration risk of airborne hazardous materials. B. Lot and Bulk Regulations. The following bulk regulations shall apply in the Plaza 20 Planned Unit Development, subject to the provisions of the Unified Development Code. All shopping center buildings, structures, and activities shall be developed in substantial conformance with previously approved conceptual development plan(s). 2. All shopping center buildings and structures shall be limited to a maximum height of 40 feet. 3. All buildings and structures located on out lots shall be developed in compliance with the bulk regulations of the C-3 General Commercial district. C. Sign Regulations. 1. The provisions of the City of Dubuque Unified Development Code, Section 15Signs shall apply unless further regulated bythissection. 2. On -premise signs: On -premise signs shall be regulated in accordance with the provisions of Exhibit A. I Off -premise signs: Off -premise signs shall be prohibited. 4. Variances: Variances from sign requirements for size, number, and height may be requested. Such variances shall be reviewed by the Zoning Board of Adjustment in accordance with Article 8-6 of the Unified Development Code. D. Parking Regulations Plaza 20 PUD Ordinance No. 51-16 Page 4 1 Parking requirements for Plaza 20 shall be one space per 250 square feet of retail space accessible to the general public. 2. All vehicle -related features shall be surfaced with standard or permeable asphalt, concrete, or pavers. I Curbing and proper surface drainage of storm water shall be provided. 4. All parking and loading spaces shall be delineated on the surfacing material by painted stripes or other permanent means. 5. The size and design of parking spacesshall be governed by applicable provisions of the Unified Development Code enforced at the time of development of the lot. 6. The number, size, design, and location of parking spaces designated for persons with disabilities shall be according to the local, state, or federal requirements in effect at the time of development. 7. Parking requirements for businesses located on out lots shall comply with the provisions of Section 14 of the Unified Development Code. E. Site Lightin _q 1. Exterior illumination of site features shall be limited to the illumination of the following: a. Parking areas, driveways and loading facilities. b. Pedestrian walkway surfaces and entrances to building. C. Building exterior. 2. Location and Design a. All exterior lighting luminaries shall be designed and installed to shield light from the luminaries at angles above 72-degrees from vertical. b. Fixtures mounted on a building shall not be positioned higher than the roofline of the building. C. All electrical service lines to posts and fixtures shall be underground and concealed inside the posts. Plaza 20 PUD Ordinance No. 51-16 Page 5 F. Exterior Trash Collection Areas I The storage of trash and debris shall be limited to that produced by the principal permitted use and accessory uses of the lot. 2. 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. All exterior entrances to a screened trash area shall be provided with a gate or door of similar design to that of the screen. G. Performance Standards The development and maintenance of uses in this Planned Unit Development shall be established in conformance with the following standards. That the east side of Plaza 20 adjacent to the new retail space be planted with species of shade trees that will provide an effective screen in the future between the commercial plaza and residential properties to the east. 2. Platting: Subdivision plats shall be submitted in accordance with Section I I Land Subdivision of the City of Dubuque Unified Development Code. 3. Site Plans: Final site development plans shall be submitted in accordance with Section 12 Site Plans and Section 13 Site Design Standards of the City of Dubuque Unified Development Code priorto construction of each building and vehicle -related feature unless otherwise exempted by Article 12. 4. Storm Water Conveyance: The developer of each lot shall be responsible for providing surface or subsurface conveyance(s) of storm water from the lot to existing storm sewers or to the flow line of open drainage ways outside the lot in a means that is satisfactory to the Engineering Department of the City of Dubuque. Other applicable regulations enforced by the City of Dubuque relative to storm water management and drainage shall apply to properties in the Planned Unit Development. H. Other Codes and Regulations Plaza 20 PUD Ordinance No. 51-16 Page 6 Service Lines. All electric, telephone, cable, or other similar utility lines serving the building and other site features shall be located underground, where feasible. 2. These regulations do not relieve the owner from other applicable city, county, state or federal codes, regulations, laws and other controls relative to the planning, construction, operation and management of property within the city of Dubuque. Transfer off Ownership Transfer of ownership or lease of property in the Plaza 20 PUD shall include in the transfer or lease agreement a provision that the purchaser or lessee acknowledges awareness of the conditions authorizing the establishment of the District PUD. Reco[gtg A copy of this PUD Ordinance shall be recorded, at the expense of the property owner, with the Dubuque County Recorder as a permanent record of the conditions accepted as part of this reclassification approval. This ordinance shall be binding upon the undersigned and his/her heirs, successors and assigns. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. The foregoing amendment shall take effect upon publication, as provided by law. Passed, approved and adopted this 17th day of Roy D. Attest: Kevin f-irnstahl, City Clefk 2016. I mayor EXHIBIT A PLAZA 20 SIGN REGULATIONS Type Content Height — Lighting Motion No. of Signs Max. Area Location On -Premise On-Prem�se esta g Freestanding Shopping Center identificationlor Maximum 40 feet Externally or internally No motion Max 1 identification center 400 square feet Min. 100 feet identification of allowed, no allowed. sign/premises. in total size each distance tenants with at intermittent Max, 2 tenant identification side, between signs least 10,000 allowed, signs/premises. 2510 square feet subject to square feet in floor area Max. 1 tenant identification in total size each approval by Plaza 20 sign/pTemises. side. consistent with 100 sq ua re feet this Ordinance per sign panel, and regulations. Freestanding Directional signs. 10 feet Internally No motion Not specified. only, no ' allowed. 6 square feet Not specified. intermittent per sign panel allowed. Wall- Mounted Identification signs for Not to extend above top of Externally or internally No motion Under 5,000 square feet Total allowable Any store front business, retail, parapet wall. allowed, no allowed. floor area, 1 sign per each business/store per sign area shall location and service uses. intermittent frontage on internal drives. not exceed 10% of area of consistent with allowed. wall this Ordinance Over 5,000 square feet parallel and/or and regulations. floor area, 2 signs per closest to frontage on If 2 sides of each business/store per frontage on internal drives. internal drives leased area face not to exceed' a internal max. of 650 frontage, then square feet. may install signs on each side. 11 Wall- mounted or � or Directional igns. Below eave or Below eave or No No motion Not.specified, 6 square feet Not specified, projecting ara e parapet. intermittent allowed. ttt per sign panel allowed. Under canopy r 1i Identification 10 jg for signs for Mounted to provide not rovide not Internal only, no No motion 1 single or double-faced Not to exceed 6 Mounted under business., retail less than 8 intermittent allowed. sign per premises. Tenants with 2 sides of square feet in canopy. and service uses. feet clearance allowed leased area facing internal area. as measured frontage may install up to from the 2 single or double-faced ground. signs. Plaza 20 PUD To amend Plaza 20 Planned Unit Development Boundary and Signage Regulations Staff Presentation to City Council March 20, 2023 UZI TIJ Ou C-2 R - 1 LEE? oil R1 W DF ZL-W C-3 CRI 20 POS Lul- 1) �u L-A 91-3 '[E@ PC 93�) ie .-Pak 00 I A I gn R-1 FM MI AG SEP -P MI EDE MI LLJ I I ez 'AL 41 Dubuque THE MY OF DUWB�-E '1111P --M7-2DL2-2013 Masterpiece air the Mimissippi '2017-2019 Vicinity Map EPIN LVANLA AVE Applicant: Michael Kahle, Plaza 20 Lc�cation, Plaza 20e 2600 Dodge Street Description, To affiend the Plaza 20 Plarined Unit Development boundary and Sigflage regulations. = Plaza 20 PUD 0 125 2SO Sw Feal q 1:.5.000 kL , . , M r.- - I I . M-1- - �1- fP7. Or D&�rz Plaza 20 Plaza 20 100sf-1305f Sta rbucks 2505f-3205f +Nevv 5ign so Plaza 20 su h wa Sonic Ow 2612 A20 ON6 IA Property to be rezoned from C-3 to PC 14, P. ICK Out Lot Plaza 2-0 25Nf Freestanding signs along Plaza 2Dfroritage with Dodge Street, Street ViEwJulyM22 imagery Two .5 ig n s re q uest-e d to be al I o %.ved to have mo re d re a 1, Add 30 square feet and go frorn 100 square feet to 130 square feet 2. Add 70 square feet and go from 250 square feet to 320.sq-uare feet QUESTIONS? 61-A4A0A 3. Kkbi' C� i �-'l ( � ",C) 4 Dp-,)4r9- ;k3 STATE OF IOWA SS: DUBUQUE COUNTY CERTIFICATE OF PUBLICATION 1, 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: 03/10/2023 and for which the charge is 35.84 \Ij Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this 10th day of March, 2023 Notary �u�lic in and for Dubuqud County, Iowa. JANET K. PAPE commission Number 199659 my Commission Expires 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 20th day of March, 2023, at 6:30 p.m., in the Historic Federal Building, 350 W. 6th Street, 2nd floor, Dubuque, Iowa, on the following: REZONINGS 1. ^Request from Kevin Oberbroeckling, CK Construction, to rezone property located at Carter Road, PIN 1015453009, property to a Planned Unit Development with PR -Planned Residential designation. AMEND PLANNED UNIT DEVELOPMENT 1. ^Request from Michael Kahle, Plaza 20, to amend the Plaza 20 Planned Unit Development boundary and signage regulations, located at Plaza 20, 2600 Dodge Street. 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 Cler'ks 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, [A 52001, before said time of public hearing. At said time and place of public hearings the City Council will receive any written comments. Covies 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 3/10 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: 03/24/2023 and for which the charge is 143.39 Subscribed to before me, a`Notary Public in and for Dubuque County, Iowa, this 24th day of March, 2023 Notary Pu. t.0 in and for Dubuque County, Iowa. JANET K. PAPE Commission Number 199659 My Commission Expires 12/11/2025 Ad text : CITY OF DUBUQUE OFFICIAL PUBLICATION ORDINANCE NO. 7-23 AN ORDINANCE AMENDING TITLE 16, THE UNIFIED DEVELOPMENT CODE OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RESCINDING ORDINANCE 51-16 WHICH ESTABLISHED REGULATIONS FOR THE PLAZA 20 PUT) MANNED UNIT DEVELOPMENT DISTRICT WITH A PLANNED COMMERCIAL DESIGNATION AND NOW BEING AMENDED TO ALLOW FOR MODIFICATION OF THE ON -PREMISE SIGN REGULATIONS APPLIED TO PLAZA 20 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16, the Unified Development Code of the City of Dubuque Code of Ordinances is hereby amended by rescinding Ordinance 51-16 which established regulations for the Plaza 20 Planned Unit Development District with a Planned Commercial District designation, and now being amended to allow modification of the on -premise sign regulations applied to Plaza 20, to wit: A. "Use Regulations The following regulations shall apply to all uses made of land in the above -described Planned Unit Development: Principal permitted uses: The following uses are permitted in the Plaza 20 Planned Unit Development: 1. "Regional shopping center 2. "Retail sales/service 3."Indoor restaurant 4. "Drive-in/carry-out restaurant 5."General offices 6."Indoor recreation 7. "Outdoor recreation 8. "Auto sales and service 9."Auto service centers 10. "Automated gas station 11. "Self-service car wash 12. "Business services 13. "Hotel 14. "Motel 15. "Auditorium or assembly hall Accessory Uses: The following accessory uses are permitted in the Plaza 20 Planned Unit Development: 1. "Any use customarily incidental and subordinate to the principal use it serves. 2. "Outdoor seating as part of an indoor restaurant, bar or tavern. Conditional Uses: The following conditional uses are permitted 'in the Plaza 20 Planned Unit Development, subject to the provisions of Section 8 of the Unified Development Code that establishes requirements for application to the Zoning Board of Adjustment for a conditional use permit, and any other specific conditions listed below for a conditional use. 1. "Licensed child care centers, provided that: a. "Such facility shall supply loading and unloading spaces so as not to obstruct public streets or create traffic or safety hazards; b: "All licenses have been issued or have been applied for and are awaiting the outcome of the states decision; and c. "Such use shall not be located within the same structure as any gas station, bar/tavern, automated gas station or any facility selling, servicing, repairing, or renting vehicles. d. "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 licensed child care center is so located, continue to comply with all local, state and federal regulations governing hazardous substances, hazardous conditions, hazardous wastes, and hazardous materials. e. "If the applicant is subject to the requirements of Section 302 of the Superfund Amendments and Reauthorization Act of 1986, as amended, 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. f. "Applicant shall submit an evacuation plan for approval by the City, both written and drawn, that details where the children will go in the event of a hazardous materials incident. The plan shall include a house in place scenario in which the children can be kept safely within a room of the building that has no penetration to the outside (windows, doors, etc). g. "Applicant shall submit plans for approval by the City that indicate the installation of a main emergency shut-off switch for the heating, ventilation, and air conditioning (HVAC) system to minimize the infiltration risk of airborne hazardous materials. B. "Lot and Bulk Regulations. The following bulk regulations shall apply in the Plaza 20 Planned Unit Development, subject to the provisions of the Unified Development Code. 1. "All shopping center buildings, structures, and activities shall be developed in substantial conformance with previously approved conceptual development plan(s). 2. "All shopping center buildings and structures shall be limited to a maximum height of 40 feet. 3. "All buildings and structures located on out lots shall be developed in compliance with the bulk regulations of the C-3 General Commercial district. C. "Sign Regulations. 1. "The provisions of the City of Dubuque Unified Development Code, Section 15 Signs shall apply unless further regulated by this section. 2. "On -premise signs: On -premise signs shall be regulated in accordance with the provisions of Exhibit A. 3."Off-premise signs: Off -premise signs shall be prohibited. 4. "Variances: Variances from sign requirements for size, number, and height may be requested. Such variances shall be reviewed by the Zoning Board of Adjustment in accordance with Article 8-6 of the Unified Development Code. D. "Parking Regulations 1. "Parking requirements for Plaza 20 shall be one space per 250 square feet of retail space accessible to the general public. 2. "All vehicle -related features shall be surfaced with standard or permeable asphalt, concrete, or pavers. 3 . "Curbing and proper surface drainage of storm water shall be provided. 4. "All parking and loading spaces shall be delineated on the surfacing material by painted stripes or other permanent means. 5. "The size and design of parking spaces shall be governed by applicable provisions of the Unified Development Code enforced at the time of development of the lot. 6. "The number, size, design, and location of parking spaces designated for persons with disabilities shall be according to the local, state, or federal requirements in effect at the time of development. 7. "Parking requirements for businesses located on out lots shall comply with the provisions of Section 14 of the Unified Development Code. E. "Site Lighting 1. "Exterior illumination of site features shall be limited to the illumination of the following: a. "Parking areas, driveways and loading facilities. b. "Pedestrian walkway surfaces and entrances to building. c. "Building exterior. 2. "Location and Design a. "All exterior lighting luminaries shall be designed and installed to shield light from the luminaries at angles above 72-degrees from vertical. b. "Fixtures mounted on a building shall not be positioned higher than the roofline of the building. c. "All electrical service lines to posts and fixtures shall be underground and concealed inside the posts. F. "Exterior Trash Collection Areas 1. "The storage of trash and debris shall be limited to that produced by the principal permitted use and accessory uses of the lot. 2. "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. All exterior entrances to a screened trash area shall be provided with a gate or door of similar design to that of the screen. G. "Performance Standards The development and maintenance of uses in this Planned Unit Development shall be established in conformance with the following standards. 1. "That the east side of Plaza 20 adjacent to the new retail space be planted with species of shade trees that will provide an effective screen in the future between the commercial plaza and residential properties to the east. 2. "Platting: Subdivision plats shall be submitted in accordance with Section 11 Land Subdivision of the City of Dubuque Unified Development Code. 3. "Site Plans: Final site development plans shall be submitted in accordance with Section 12 Site Plans and Section 13 Site Design Standards of the City of Dubuque Unified Development Code prior to construction of each building and vehicle -related feature unless otherwise exempted by Article 12. 4. "Storm Water Conveyance: The developer of each lot shall be responsible for providing surface or subsurface conveyance(s) of storm water from the lot to existing storm sewers or to the flow line of open drainage ways outside the lot in a means that is satisfactory to the Engineering Department of the City of Dubuque. Other applicable regulations enforced by the City of Dubuque relative to storm water management and drainage shall apply to properties in the Planned Unit Development. H. "Other Codes and Regulations 1. "Service Lines. All electric, telephone, cable, or other similar utility lines serving the building and other site features shall be located underground, where feasible. 2. "These regulations do not relieve the owner from other applicable city, county, state or federal codes, regulations, laws and other controls relative to the planning, construction, operation and management of property within the city of Dubuque. I. "Transfer of Ownership Transfer of ownership or lease of property in the Plaza 20 PUD shall include in the transfer or lease agreement a provision that the purchaser or lessee acknowledges awareness of the conditions authorizing the establishment of the District PUD. J. "Recording A copy of this PUD Ordinance shall be recorded, at the expense of the property owner, with the Dubuque County Recorder as a permanent record of the conditions accepted as part of this reclassification approval. This ordinance shall be binding upon the undersigned and his/her heirs, successors and assigns. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of' the City of Dubuque, Iowa. Section 3. The foregoing amendment shall take effect upon publication, as provided by law. Passed, approved, and adopted this 20th day of March 2023. /s/Brad M. Cavanagh, Mayor Attest: /s/Adrienne N. Breitfelder, CMC, City Clerk Published officially in the Telegraph Herald newspaper on the 24th day of March, 2023. /s/Adrienne N. Breitfelder, City Clerk 1 t 3/24