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Request to Rezone Brehm Acres_HearingCopyrighted April 17, 2023 City of Dubuque Public Hearings # 02. City Council Meeting ITEM TITLE: Request to Rezone Brehm Acres SUMMARY: Proof of publication on notice of public hearing to consider a request from John and Dianne Brehm to rezone Brehm Acres from AG - Agriculture to Planned Unit Development with PI -Planned Industrial zoning designation, to construct a 250,000 square foot warehouse on the subject property and Zoning Advisory Commission recommending approval. SUGGESTED DISPOSITION: ATTACHMENTS: Description ZAC Letter to Council Ordinance Application Vicinity Map Staff Report ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances Unified Development Code by rescinding Ordinance No. 2- 13 which established regulations for a PUD Planned Unit Development with a PI Planned Industrial Designation and adopting an amended PUD Ordinance that expands the district by incorporating an additional parcel of land Suggested Disposition: Receive and File; Motion B; Motion A Ordinance 2-13 Dubuque Industrial Center South I magery Exhibit A - Conceptual Development Plan Type Staff Memo Ordinance Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation Ordinance Planning Services Department Dubuque City Hall THE CF 50 West 13th Street Dubuque, IA 52001-4864 DUjB� �I�AN01gf®d 1(563) I1 I 589-4210 phone I 1 (563) 589-4221 fax 563 690-6678 TDD ( > Masterpiece on the Mississippi zoo7�zoiz•zo13 2017*2019 planning@cityofdubuque.org April 6, 2023 The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 13th Street Dubuque IA 52001 Applicant: John and Dianne Brehm Location: Brehm Acres Description: To rezone property from AG -Agriculture to Planned Unit Development with PI -Planned Industrial zoning designation. 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 Shawn Hilborn, 17509 Alan Jackson Dr, Gronen, spoke on behalf of the project. He provided a background regarding Simmons development of the Flexsteel building in 2021. He stated that was a $60 million dollar redevelopment project and since that time Simmons has invested roughly $100 million into the site. He identified that they intended to employ 271 employees and have around 400 employees as of today. One part of the development agreement was to build a warehouse building within 5 years. They are now seeking to construct a 250,000 square foot warehouse on the subject property. He clarified that they are annexing approximately 2.8 acres into the city. He discussed traffic circulation between the main production facility to the proposed warehouse and from the proposed warehouse out to market. He shared a rendering of the warehouse and stated they are planning to construct a nice durable precast structural steel building. Staff reviewed the staff report, noting the location of the subject property and stated the property is in the process of being annexed into the city. He said the 2.8 acre site will be consolidated with the property to the east which is already located within the Dubuque Industrial Center South PUD area. He stated the site would be accessed from Simmons Way and Seippel Road and that the proposed development is consistent with the Comprehensive Plan goal to attract large employment centers and allows for the expansion of the industrial park. He stated that utilities are adequate to serve the site and that the project will be required to obtain an approved site plan before development can begin on the site. There were no public comments. Service People Integrity Responsibility Innovation Teamwork The Honorable Mayor and City Council Members Page 2 The Zoning Advisory Commission discussed the request and had no concerns. Recommendation By a vote of 7 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, lea "/z Matt Mulligan, Chairpe so Zoning Advisory Com ' ' sion Attachments cc: Seippel Warehouse LLC, 900 Jackson St, Ste. LL2, Dubuque, IA 52001 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. 16-23 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES UNIFIED DEVELOPMENT CODE BY RESCINDING ORDINANCE NO. 2-13 WHICH ESTABLISHED REGULATIONS FOR A PUD PLANNED UNIT DEVELOPMENT WITH A PI PLANNED INDUSTRIAL DESIGNATION AND ADOPTING AN AMENDED PUD ORDINANCE THAT EXPANDS THE DISTRICT BY INCORPORATING AN ADDITIONAL PARCEL OF LAND NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is hereby amended by rescinding Ordinance No. 2-13 and expanding the Dubuque Industrial Center South PUD by incorporating an additional parcel of land and adopting a conceptual development plan, a copy of which is attached to and made a part hereof, for the for the property legally described below, to wit: Lots A, B, Balance of Lot C and Lots 2,3,4,5, and 5A of Dubuque Industrial Center South First Addition; Lot A and Lots 1, 2, and 3 of Dubuque Industrial Center South Third Addition; and Lot 2 of Brehm Acres Plat 3 Section 2. Attached hereto and made a part of this zoning reclassification approval is the Conceptual Development Plan for the Dubuque Industrial Center South Planned Unit Development marked Exhibit A. It is recognized that minor shifts or modifications to the general plan layout may be necessary and compatible with the need to acquire workable street patterns, grades, and usable building sites. The general plan layout, including the relationship of land uses to the general plan framework and the development requirements shall be used as the implementation guide. A) Definitions 1) Building -related Features Dubuque Industrial Center South Ordinance No. 16-23 Page 2 Building -related features are defined as all construction items which rise above the grade surface of the lot. These include: a) The primary building. b) All accessory or secondary buildings. c) All exterior storage areas. d) Exterior refuse collection areas. e) Exterior mechanical equipment. f) Containerized or tank storage of liquids, fuels, gases and other materials. 2) Vehicle -related Features Vehicle -related features are defined as all areas used for the movement and parking of all vehicles within the lot. These include: a) Employee and visitor parking spaces. b) Driveways from the street right-of-way line to and from parking spaces. c) Loading spaces outside of the building. d) Maneuvering spaces outside the building. e) Parking spaces for company -owned commercial vehicles. f) Fire lanes. g) Railroad tracks 3) Open Space Features Open space features are defined as those exterior areas and developed features of the lot which include: a) Landscape space containing lawn areas and plantings. b) Paved, hard -surfaced pedestrian areas such as walkways, plazas, entryways and courtyards. Dubuque Industrial Center South Ordinance No. 16-23 Page 3 c) Storm water management facilities 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. B. Use Regulations Zone D: Genera! Purpose and Description. Zone D is intended to provide a location for heavy industrial uses. Exterior storage is allowed, provided it is screened from view from public right-of-way. 1) Principal permitted uses shall be limited to: a) Railroad and public or quasi -public utilities. b) Corporate offices. c) Mail order houses. d) Printing and publishing. e) Laboratories for research and engineering. f) Moving/storage facilities. g) Wholesale sales/distributor. h) Freight transfer facilities. i) Fuel and ice dealers. j) Cold storage/locker plants. k) Packing and processing of meat, dairy or food products, not to include stockyards or slaughter houses. 1) Compounding, processing and package of chemical products. m) Manufacture, assembly, repair or storage of electrical and electronic products, components or equipment. Dubuque Industrial Center South Ordinance No, 10-23 Page 4 n) Warehousing and storage facilities, not to include mini - warehouses. o) Manufacturing, processing, fabrication, assembling, packaging or other comparable treatment of goods or materials. 2) Conditional uses shall be limited to the following: a) Day care center, within a primary office/industrial building or as an accessory structure on the same lot. Day care centers are subject to state regulations and requirements of Article 8-20, Licensed Child Care Center, of the Unified Development Code. 3) Accessory uses shall be limited to the following: a) Retail outlets within a primary office/industrial building, selling products produced on -site and only as accessory to the principal use. b) Any use customarily incidental and subordinate to the principal use it serves. 4) Temporary uses shall be limited to the following: Any use listed as a permitted use within the PUD District of a limited duration as established in Article 3-19 and as defined in Article 2-3 of the Unified Development Code. 5) The provision of off-street parking shall be regulated by Article 14 of the City of Dubuque's Unified Development Code. Zone O: General Purpose and Description. Zone O is intended to serve as an amenity to the industrial park, provide public areas and control of storm water to protect downstream properties. 1) Principal permitted uses shall be limited to: a) Railroads and public or quasi -public utilities. b) Parks, nature areas, playgrounds and similar recreational uses. c) Picnic areas. d) Recreational trails. Dubuque Industrial Center South Ordinance No. 18-23 Page 5 e) Club houses, shelter houses, tennis courts, playground equipment, or other recreational buildings and structures when associated with parks, nature areas, playgrounds and recreational facilities. f) Construction of dams, reservoirs, detention ponds and similar storm water control facilities. 2) Conditional uses (reserved for future use). 3) Accessory uses shall be limited to the following: a) Any use customarily incidental and subordinate to the principle use it serves. 4) Temporary uses (reserved for future use). C. Lot Bulk Regulations Development of land in Zones D and O shall be regulated as follows: 1) All building structures and activities shall be located in conformance with the attached conceptual development plan and all final site development plans shall be approved in accordance with provisions of this ordinance and Article 12 of the Unified Development Code. 2) All building -related features in Zones D and O shall be in accordance with the following bulk regulations chart: Minimum Lot Front Side Rear Building lot area frontage yard yard yard height in acres minimum setback setback setback maximum feet minimum minimum minimum feet feet feet feet Zone NIA NIA NIA NIA NIA NIA O Zone 2 acres 100 50 25 50 100 D a) Lots smaller than minimum will be allowed if the parcel is consolidated or combined with a larger lot. Substations for public and quasi -public utilities shall be exempt from lot frontage and lot area requirements. b) Maximum lot coverage shall be 80 percent. All building and vehicle related features shall be considered when calculating total land area coverage, except fire lanes and railroad tracks. Dubuque Industrial Center South Ordinance No. 16-23 Page 6 c) Maximum building height shall be as stipulated in the bulk regulations chart above, except the following may exceed the height limit: cooling towers, condensers, elevator bulkheads, stacks and other necessary mechanical equipment and their protective housing. Heating, ventilating and air conditioning (HVAC) equipment is limited to 10 feet above height limitation. d) Within required front, side and rear setbacks, only driveways, fire lanes, railroad tracks, open space features and primary and secondary signage are allowed. Parking lots may encroach up to 50% into the required front yard setback. D. Parking and Loadingg Regulations 1) All vehicle -related features, except for railroad tracks, shall be surfaced with either asphalt or concrete. 2) All parking and loading spaces shall be delineated on the surfacing material by painted stripes or other permanent means. 3) The number, size and design of parking spaces shall be governed by applicable provisions in Articles 13 and 14 of the City of Dubuque Unified Development Code. 4) The number, size and design and location of parking spaces designated for persons with disabilities shall be according to the local, state or federal requirements in effect at the time of development. 5) The location and number of private driveway intersections with public streets shall be reviewed and approved by the City Engineer. 6) No on -street maneuvering of delivery vehicles will be allowed on any street. Lots shall provide all necessary maneuvering space for delivery vehicles within the boundaries of the lots. 7) All loading docks for shipping and receiving raw and manufactured goods shall be designed to provide for the direct movement of goods between the delivery vehicle and the interior of the building. Dubuque Industrial Center South Ordinance No. 16--23 Page 7 E. Exterior Storage Regulations Exterior storage shall be in accordance with the following regulations: Allowable Allowable Allowable Minimum Maximum Products Store Location Screening Opacity Height of Materials Screening Zone D Raw or finished Rear or Similar to 50% 12 feet goods; side yards building equipment color Zone O PROHIBITED 1) Exterior storage of materials, which could be blown into the air or strewn about by the wind, shall be prohibited. 2) Exterior storage, where allowed, shall not encroach into a front yard. A front yard may exceed the required front yard setback. 3) The ground area coverage of exterior storage areas shall be the area contained inside the required screening. This area shall be considered to be a building -related feature for purposes of calculating total land area coverage. 4) Exterior storage must be screened from view from adjacent public right- of-way. 5) The screening height shall be measured from the ground level outside the line of the screen. Screens built on sloping grades shall be stepped so that their top line shall be horizontal. 6) Required screening is intended to buffer surrounding property from the negative visual impact created by the storage of raw or finished goods, materials and equipment that can adversely impact the value of adjacent property. 7) The City Planner may grant a waiver for screening to exceed the maximum height allowed, when topography or height of individual finished products or equipment could make it impossible to completely screen a storage area from every vantage point. The City Planner may Dubuque Industrial Center South Ordinance No. 16-23 Page 8 not grant waiver in maximum screening height for raw materials or stacked goods. 8) All exterior entrances to a screened storage area shall be provided with a gate or door of similar design to that of the screen. 9) Long-term storage of products or materials in semi -trailers or shipping containers is prohibited. F. Exterior Trash Collection Area Requirements 1) Exterior trash collection areas shall include collection bins, dumpsters, and similar waste receptacles for the short-term storage and collection of trash. Trash shall include garbage, scrap, recyclables, debris and similar materials. 2) The storage of trash shall be limited to that produced by the principal permitted use and accessory uses of the lot. Exterior storage of trash, which could be blown into the air or strewn about by the wind, shall be prohibited. 3) The ground area coverage of exterior trash collection areas shall be the area contained inside the required screening. This area shall be considered a building -related feature for purposes of calculating total land area coverages. 4) Exterior trash collection areas shall be located in rear or side yards only. Exterior trash collection areas shall not encroach into a front yard. A front yard may exceed the required front yard setback. 5) All exterior trash collection areas and the materials contained therein shall be screened from view from the adjacent public right-of-way. 6) The screening shall be a completely opaque fence, wall or other feature not exceeding a height of 10 feet measured from the ground level outside the line of the screen. Screens built on sloping grades shall be stepped so that their top line shall be horizontal. 7) Exposed materials used to construct the opaque screen shall be similar in appearance to materials used for exterior building walls. All exterior entrances to a screened trash area shall be provided with a gate or door of similar design to that of the screen. 8) If a 10-foot high screen fails to shield the exterior trash collection area from view from the adjacent public right-of-way, evergreen plantings may be required in addition to the screening. Evergreen plant materials Dubuque Industrial Center South Ordinance No. 16-23 Page 9 shall be selected and designed so that they will screen the area from the adjacent public right-of-way within five (5) years. G. Landscaping Regulations The following landscape regulations shall apply to each lot: 1) Plant Materials: The open space area of each lot shall be planted with permanent lawn and ground covers, shrubs and trees. It is the intent of these regulations that the development of required open spaces shall reflect a high quality of environmental design. 2) Landscaping: The following is the minimum requirement of trees and shrubs, by number and size, and the type of ground cover required. Street trees planted in public street right-of-way shall not be counted toward fulfillment of the minimum site requirements set forth below. Plant species to be used for landscaping shall be in accordance with the City of Dubuque Street Tree Policy. Existing trees and shrubs to be retained on -site may be counted toward fulfillment of the landscaping requirements. a) Minimum tree planting requirements for any new development in the Dubuque Industrial Center South shall be one (1) tree of the following size per 1,600 square feet of required open space: 40% minimum: 2-2 112" caliper diameter deciduous and/or 8-foot height or greater evergreen. Balance: 1 1/2 - 2° caliper diameter deciduous and/or 6-foot height evergreen. b) Minimum shrub requirements at the time of planting for any development in the PUD District shall be 6 shrubs, or 1 shrub per 1,000 square feet of required open space, whichever is greater. Shrubs shall be a minimum of 18" height or minimum of one (1) gallon potted. 3) Landscape berms and/or plantings shall be required as screening for parking areas adjacent to public streets and shall be a minimum of three (3) feet in height and can utilize natural grade changes to achieve the required 50% opacity landscaping screen, Parking lot screening is in addition to required landscaping of open space areas. 4) Trees shall be provided in all parking lot islands, which are of sufficient size to ensure the growth and survival of the trees. Trees planted in Dubuque Industrial Center South Ordinance No. 16-23 Page 10 parking lot islands may be counted toward the minimum tree planting requirements. 5) The developer of any lot fronting Seippel Road and/or other Public Streets shall participate in the planting trees compatible in species and spacing with tree plantings, which have previously been completed by the City along Seippel Road. 6) The installation of required planting materials may be phased in direct proportion to the phasing of building construction. Required landscaping shall be installed by the date the Building Services Department issues an occupancy certificate, or if winter weather prevents planting, within six months of being issued an occupancy certificate. 7) The lot owner is required to replant any and all plant materials which have died due to any cause during the effective period of this PUD Ordinance. 8) A detailed landscape plan shall be required as part of submittal for final site development plan approval. 9) The area between the public street and the right-of-way line shall be planted with grass and maintained by the lot owner. H. Sign Regulations 1) Applicability of City of Dubuque Ordinances: The provisions of the City of Dubuque Unified Development code Article 15 Signs shall apply unless further regulated by this section. 2) Off -Premise Signs: Off -premise signs shall be prohibited. 3) On -Premise Signs: On -premise signs shall be erected or constructed in accordance with the following regulations: a) Allowable content: signs, messages, and graphics shall be limited to the following contents: 1) Industrial Center signs: limited to identification of Dubuque Industrial Center South. • Entrance signs 0 Directory signs Dubuque Industrial Center South Ordinance No. 16-23 Page 11 2) Company primary signs: limited to identification of uses in Zone D. ■ Identification of company name • Identification of company products or services ■ Graphic symbol or logo identified with the company 3) Secondary signs: Allowable in all zones. ■ Street address. • Directional messages necessary for the safe and efficient flow of vehicular and pedestrian traffic on the lot. ■ Identification of visitor entrances to the building, shipping and receiving docks and other delivery points. ■ Identification of assigned parking spaces and parking spaces accessible to persons with disabilities. ■ Temporary announcements of pending or new construction. ■ Commemorative messages. b) Schedule of sign regulations: allowable structure type, size, number and height shall be limited to the following requirements: Type of Sign Maximum size Maximum Number Allowable Maximum Structure Height* type Industrial Center 200 square feet per Three (3) signs Monument 12 feet Entrance Signs sign face Industrial Center 30 square feet per Three (3) signs Monument 8 feet Directory Signs sign face Company 10% of building wall 2 signs per street Wall- Below Primary Signs sign is mounted on or frontage per business mounted eave or 400 total square feet parapet of sign area, whichever is less. 150 square feet per 1 sign per business Monument 10 feet sign face restricted to interior street frontages only Secondary signs No maximum number Wall- 10 feet mounted Dubuque industrial Center South Ordinance No. 16-23 Page 12 Type of Sign Maximum size Maximum Number Allowable Maximum Structure Height* type 6 square feet per sign Monument 6 feet face 'The height of the monument -style signs shall be measured from average grade to top of sign structures. c) 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) Lighting: Signs may be illuminated only by means of indirect lighting, whereby all light sources and devices are shielded from view by opaque or translucent materials, or internally illuminated by means of a light source completely enclosed by the sign panel. e) Motion: No signs may include any device or means, mechanical, electrical or natural, which shall cause any motion of the sign panel or any part thereof. No flashing lights or changing colors shall be allowed. Maintenance Assessments 1) The City will cause the construction of such improvements as the City deems appropriate in the Public Areas of this PUD District shown on the Plan. Maintenance and repair of the Public Areas and its improvements is the responsibility of the City with fifty percent (50%) of costs of such maintenance and repair assessed to and paid by the owners of property in this PUD District. Private connections to the Public Areas and the subsequent maintenance and repair of such private connections are the responsibility of each owner and may not be constructed without the prior written approval of the City. 2) The City will assess against the properties in this PUD District in each assessment year an annual assessment for the purpose of paying fifty percent (50%) of the actual costs of the City's maintenance and repair of the Public Areas and the actual costs associated with maintaining and lighting the park entrance signs. Said assessment may also include the establishment of a capital improvements reserve fund for such purposes. Upon establishment of such assessment levy, the owner of Dubuque Industrial Center South Ordinance No. 16-23 Page 13 each lot must pay to the City a pro rata share (as hereinafter defined) of such assessment. The owner waives any and all rights to further notice, to object to the assessments, the amount of the assessments, the procedure for certifying the assessments or to any other rights the owner would have as provided in Iowa Code Chapter 364 and Chapter 384 and that the schedule of assessments may be certified by the City to the Dubuque County Treasurer for collection in the same manner as provided in Iowa Code Chapter 364 and Chapter 384. 3) If such pro rats share is not paid within thirty (30) days after its due date, the owner agrees that that amount of such pro rata share will become a lien upon the lot obligated to pay the same and will bear interest from the due date at the highest legal contract rate applicable to a natural person. The owner further agrees that the City may bring an action at law against any owner obligated to pay the same, or foreclose the lien against the lot. The owner agrees that the owner is also obligated to reimburse the City for the City's costs and reasonable attorney's fees of any collection efforts. The owner agrees that the owner may not waive or otherwise avoid liability for an assessment provided herein by non-use of the Public Areas or abandonment of a lot. 4) An owner's pro rats share is equal to a fraction, the numerator of which is the gross square feet area of the lot or lots owned by the owner and the denominator of which is the gross square feet area of all lots in this PUD District exclusive of the Public Areas and public rights -of -way. J. Performance Standards The development and maintenance of uses in this PUD District shall be established in conformance with the following standards 1) Platting: The conceptual development plan shall serve as the preliminary plat for this PUD District. Subdivision plats and improvement plans shall be submitted in accordance with Article 11. Land Subdivision, of the City of Dubuque Unified Development Code. 2) Site Plans: Final site development plans shall be submitted in accordance with Article 12 Site Plans and Article 13 Site Design Standards prior to construction of each building and vehicle -related feature unless otherwise exempted by Article 12. Dubuque Industrial Center South Ordinance No. 16-23 Page 14 3) Storm Water Conveyance: The developer of each lot shall be responsible for providing surface or subsurface conveyance(s) of storm water from the lot to existing storm sewers or to flow line of open drainage ways outside the lot in a means that is satisfactory to the Engineering Department of the City of Dubuque. Other applicable regulations enforced by the City of Dubuque relative to storm water management and drainage shall apply to properties in the PUD District. 4) Noises: Noises generated within the PUD District shall be regulated by Chapter 33, Article IV, Noises, of the City of Dubuque Code of Ordinances. 5) Flood Plain Regulations: The area of the PUD District that lies within the flood plain of Catfish Creek shall be subject to the regulations of Article 6-4 of the Unified Development Code. 6) 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. 7) Other Codes and Regulations: These regulations do not relieve an owner from other applicable City, County, State or Federal Codes, regulations, laws and other controls relative to the planning, construction, operation and management of property in the PUD District. K. Ordinance History 1) Ord. 2-13: reclassifying hereinafter described property located north and south of Seippel Road and north of U.S. Highway 20 from AG Agricultural District to PUD Planned Unit Development with a PI Planned Industrial designation for the Dubuque Industrial Center South. L, Transfer of Ownershi Transfer of ownership or lease of property in this PUD District shall include in the transfer or lease agreement a provision that the purchaser or lessee acknowledges awareness of the conditions authorizing the establishment of the district. M. Modifications Dubuque Industrial Center South Ordinance No. 16-23 Page 15 Any modifications of this Ordinance must be approved by the City Council in accordance with zoning reclassification proceedings of Article 9-5 of the Unified Development Code. N. Recording A copy of this ordinance shall be recorded at the expense of the property owner(s) with the Dubuque County Recorder a permanent record of the conditions accepted as part of this reclassification approval within ten (10) days after the adoption of this ordinance. This ordinance shall be binding upon the undersigned and his/her heirs, successors and assigns. Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 4. This Ordinance shall take effect upon publication as provided by law. Passed, approved and adopted this 171" day of April 2023. M-0-2-9 WORTMA79 �10 0 MR Attest: Adrienne N. Breitfelder, City Clerk THE CTTY OF DUB E Masterpiece on the Mississippi City of Dubuque Planning Services Department Dubuque, IA 52001-4845 Phone:563-589-4210 Fax: 563-589-4221 i a n n i ng Vicityofdubu q ue.or APPLICATION FORM Zoning Advisory Zoning Board of Development Services Historic Preservation Commission Commission Adjustment ❑ Annexation El Demolition Review N Amended PUD ❑ Conditional Use Permit ❑ Limited Setback Waiver ❑ Historic Revolving Loan ❑ Rezoning/PUD/ID ❑ Special Exception ❑ Site Plan Simple ❑ Certificate of Economic Non -Viability ❑ Text Amendment ❑ Variance ❑ Site Plan Minor ❑ Design Review Certificate of ❑ Simple Subdivision ❑ Appeal ❑ Site Plan Major Appropriateness ❑ Preliminary Plat ❑ Simple Subdivision ❑ Advisory Design Review (Public ❑ Major Final Plat ❑ Temporary Use Permit Projects) ❑ Minor Final Plat ❑ Port of Dubuque/ ❑ Historic Designation ❑ Waiver from Site Chaplain Schmitt Island Design Standards Design Review . Please complete the applicableM A. Property Information Site Location/Address:12458 Cottingham Road Legal Description/Parcel ID#/subdivision: Portion of Parcel #0936426002 Existing Zoning: County R-1 proposed Zoning: DICS PUD Site Area (square feet/acres): 2.804 Acres Historic District: -andmark: ❑ Yes ® No B. Describe proposal and reason for application (attach a letter of explanation, if necessary): To amend the Dubuque Industrial Center South Planned Unit Devela ment to allow expansion of the district boundaries to include a portion of parcel #0936426001 for a future industrial development. C. Applicant/Agent Information/� Name: lfJ L Phone: ,1&36�57- 7616 Address: Od 5fre-etL G .x City: State: 'Zip: 5,3001 Email: A.`i� 3 A U D. Property Owner(s) Information Q Name(5): John & Dianne Brehm Phone: Address: 12458 Cottingham Road City. Peosta State: A zip: 52068 Email: dimbrehm59@gmail.com 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 erein is true and correct to best of my/our knowledge and upon submittal becomes public record. �/� Applicant/Agent: Date: 170 verified 03 03/20/223 4:49 PM CDT Property Owner(s): VEFD-TR59-7B1B-TX9B Date: FOR OFFICE USE ONLY Fee $0 Ck# ❑CC ❑Cash Received by Date �� 12805 M115133 14957 150,5�1, 27i13 - OL'D7H�GHWAYIR� 8400 8110 149614 0 *�l1,48 �8350�18100� '14928 14862 CS 8450 8210'�' 12653 r CSC 8305 8205 60 799014946 14858 900 �8005 14808 8300 8200 8000 1 I I I AG l I (\ I I I I � I I I I I I Hlc 14700 509 ' 12795 1 12621 ; 14716 14180 12735 9 12698 12695 0 2659 � N i2651 ? 12680 � 14092 1?1'' 11111111013 12622 12493 C-3 AG // I / I I / I / C-3c 52 C-3c R-1 G y of Dubuq C-3c Vicinity Map 0\�l Applicant: John and Dianne Brehm Location: Brehm Acres Description: To rezone property from County R-1 Single -Family Residential to City Planned Unit Development with PI Planned Industrial designation concurrently with annexation into the City of Dubuque. ® Subject Property City limits Dubuque Industrial 0 Center South PUD 0 305 610 1,220 Feet 1:10,000 N A PLANNED DISTRICT STAFF REPORT Zoning Agenda: April 5, 2023 Project Name: Brehm Acres — Dubuque Industrial Center South Property Location: East of Cottingham Road, South of Seippel Road PIN 0936426002 Applicant: John and Dianne Brehm Description: To rezone property from County R-1 Single -Family Residential to City Planned Unit Development with PI Planned Industrial designation concurrently with annexation into the City of Dubuque. Proposed Land Use: Industrial Existing Land Use: Agricultural Adjacent Land Use: North — Agriculture East — Vacant South —Agriculture, Residential West — Agriculture Flood Plain: N/A Proposed Zoning: PI — Planned Industrial Existing Zoning: County R-1 Adjacent Zoning: North — County R-1 East — PI South — County R-1 West — County R-1 Total Area: 2.804 acres Water: An existing water main extends from Seippel Road along Cottingham Road to the northern tip of the subject site. Sanitary Sewer: An existing sanitary sewer line located along Seippel Road will be extended to the site with the proposed future development. Storm Sewer: Storm sewer is existing along Cottingham Road. Existing Street Access: Simmons Way off Seippel Road. Future Street Access: Access will be provided from Seippel Road and from Simmons Way. Other Services: Police, Fire and Emergency Response. Previous Planned District: No. Purpose: The submitted rezoning request is to allow for development of an industrial warehouse in the Dubuque Industrial Center South PUD. It will be built by Seippel Warehouse LLC and leased to Simmons Pet Food, whose manufacturing facility is nearby. Property History: The subject property has been used for agricultural purposes. Planned District Staff Report - Dubuque Industrial Center South Page 2 Physical Characteristics: The subject property is in Dubuque Countyjust outside the city of Dubuque limits and is in the process of being annexed. It is 2.804 acres and will be subdivided from the larger parcel it is currently part of, which totals 119.5 acres. It will be separated from the associated farmstead. A minor tributary of the South Fork of Catfish Creek runs approximately 1,000 feet south of the subject property. The newly created lot will be consolidated with the existing lot to the east to allow the construction of a planned warehouse. r: A +H Subject property; � 4 r 2458 - F� it l� } i 1, I Site of proposed warehouse Imagine Dubuque Comprehensive Plan: Y� Industrial Land Use Recommendations • Attract large employment centers with access to infrastructure facilities. Ensure that such development does not disproportionately impact residential areas. • Allow for appropriate expansion of existing industrial parks as identified on the Future Land Use Map. The comprehensive plan notes that expansion within and adjacent to existing industrial development is anticipated. Future Land Use Map — Single -Family Residential (due to being zoned County R-1) Development Requirements: Streets: The proposed warehouse will take access from Seippel Road and Simmons Way, which currently provides access to the Simmons Pet Food manufacturing facility. Simmons Way extends south from Seippel Road and passes between the Simmons Pet Food and Tri-State Quality Metals properties. Planned District Staff Report - Dubuque Industrial Center South Page 3 Sidewalks: Sidewalks will be provided as required by the Unified Development Code as development of the parcel commences. Bike/Hike Trail: An access and trail easement has been platted on the subject site to provide city trail connectivity to the south of the subject site. Parking: Off-street parking will be provided as per the City of Dubuque Unified Development Code. Lighting: Cut-off luminaries are utilized throughout the Dubuque Industrial Center South Industrial Park. All lighting will be required to meet the Unified Development Code standards. Signage: The attached PUD Ordinance for the Dubuque Industrial Center South regulates on -premise signage for the industrial park. The Zoning Board of Adjustment will have the ability to review sign variance requests pertaining to size, number and height. Off -Premise signs are not included in the PUD. Bulk Regulations: The attached PUD Ordinance contains bulk standards that include requirements for lot area, lot coverage, frontage, building height, and setbacks for front, rear and side yards. Landscaping/Screening: As the parcel is developed, landscaping will be required. Screening and landscaping requirements are stipulated in the attached PUD Ordinance. These regulations are the same as those adopted as part of the Dubuque Industrial Center West. Impact of Request on: Utilities: • City water is available in Dubuque Industrial Center South and with additional improvements can be extended to serve development of the subject parcel. • City sanitary sewer is available in Dubuque Industrial Center South and with additional improvements can be extended to serve development of the subject parcel. Storm water will be handled through the storm water management system of drains and pipes, including those which run along Seippel Road and Simmons Way. Natural gas will be provided by a private utility. Traffic Patterns/Counts: The segment of Seippel Road at this location had a daily traffic count of 41590 vehicles as of 2021. Cottingham Road had a daily traffic count of 420 vehicles in 2017. Planned District Staff Report - Dubuque Industrial Center South Page 4 Public Services: City of Dubuque Fire and Police Departments will serve the subject site. Refuse collection will be provided by private haulers. Environment: Staff anticipates that adverse impact to the environment from future development will be mitigated provided that the property complies with established City standards for storm water management and erosion control. Adiacent Properties: The two adjacent properties are the farm from which this lot is being subdivided and the industrial property to which it will be consolidated. If developed for industrial uses, the Unified Development Code requires the property to be screened from the adjacent residential property. There will be an increase in ambient light levels as the warehouse is developed in the Dubuque Industrial Center South. CIP Investments: None. Staff Analysis: John and Dianne Brehm (property owners) are requesting rezoning on behalf of Seippel Warehouse LLC (future owner) of the subject property from County R-1 to PI Planned Industrial in the Dubuque Industrial Center South. The subject lot is in Dubuque County just outside the city of Dubuque limits and is in the process of being annexed. It is 2.804 acres and lies east of Cottingham Road and south of Seippel Road. It will be subdivided from the larger agricultural parcel it is currently part of. The newly created lot will be consolidated with the existing lot to the east to allow the construction of a planned warehouse to serve Simmons Pet Food. The property will be accessed from Seippel Road and Simmons Way. The Comprehensive Plan recommends: • Attracting large employment centers with access to infrastructure facilities. Ensure that such development does not disproportionately impact residential areas. • Allow for appropriate expansion of existing industrial parks as identified on the Future Land Use Map. The Plan also notes that expansion within and adjacent to existing industrial development is anticipated. Adequate city utilities are available in Dubuque Industrial Center South and will be extended to the site for the proposed warehouse project. The Dubuque Industrial Center South Planned Unit Development ordinance contains bulk standards that include requirements for lot area, lot coverage, frontage, building height, and setbacks for front, rear and side yards. These items would be reviewed for compliance during the Site Plan Review process. Prior to any development taking place on the property, the applicant would be required to obtain an approved Site Plan. Site plans are reviewed by all relevant City departments regarding development standards such as access, parking, SUDAS (Statewide Urban Design and Specifications), screening, paving, Planned District Staff Report - Dubuque Industrial Center South Page 5 stormwater management, water connections, sanitary sewer connection, and fire safety. Potential effects on the environment would be reviewed and mitigated through appropriate site design and development. The applicant would also be required to obtain the necessary permits through the Inspection & Construction Services Department prior to any work commencing on the property. Planning staff recommends the Zoning Advisory Commission review Section 5-24.4 of the Unified Development Code which outlines amending existing Planned Unit Developments. Y Prepared b : Reviewed: /�"ate: 3/29/23 p Prepared by: Laura Carstens City Planner Address: C HaII 50 W. 13th St Telephone: 589-4210 Return to: Kevin S. Firnstahl, City Clerk Address: Citv Hall- 50� S Telephone: 589-4121 ORDINANCE NO. z -13 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES UNIFIED DEVELOPMENT CODE BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED NORTH AND SOUTH OF SEIPPEL ROAD AND NORTH OF U.S. HIGHWAY 20 FROM AG AGRICULTURAL DISTRICT TO PUD PLANNED UNIT DEVELOPMENT WITH A PI PLANNED INDUSTRIAL DESIGNATION FOR THE DUBUQUE INDUSTRIAL CENTER SOUTH. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is hereby amended by reclassifying the hereinafter described property from AG Agricultural District to PUD Planned Unit Development District with a PI Planned Industrial designation and adopting a conceptual development plan, a copy of which is attached to and made a part hereof, for the Dubuque Industrial Center South as stated below, to wit: Lot 1 of 1 and Lot 1 of 2 South Fork Subdivision #1, and to the centerline of the adjoining public right -of way, all in the City of Dubuque, Iowa. Section 2. Attached hereto and made a part of this zoning reclassification approval is the Conceptual Development Plan for the Dubuque Industrial Center South Planned Unit Development marked Exhibit A. It is recognized that minor shifts or modifications to the general plan layout may be necessary and compatible with the need to acquire workable street patterns, grades, and usable building sites. The general plan layout, including the relationship of land uses to the general plan framework and the development requirements shall be used as the implementation guide. Dubuque Industrial Center South Ordinance No. — 13 Page 2 A) Definitions 1) Building -related Features Building -related features are defined as all construction items which rise above the grade surface of the lot. These include: a) The primary building. b) All accessory or secondary buildings. c) All exterior storage areas. d) Exterior refuse collection areas. e) Exterior mechanical equipment. f) Containerized or tank storage of liquids, fuels, gases and other materials. 2) Vehicle -related Features Vehicle -related features are defined as all areas used for the movement and parking of all vehicles within the lot. These include: a) Employee and visitor parking spaces. b) Driveways from the street right-of-way line to and from parking spaces. c) Loading spaces outside of the building. d) Maneuvering spaces outside the building. e) Parking spaces for company -owned commercial vehicles. f) Fire lanes. g) Railroad tracks 3) Open Space Features . Open space features are defined as those exterior areas and developed features of the lot which include: a) Landscape space containing lawn areas and plantings. Dubuque Industrial Center South Ordinance No. —13 Page 3 b) Paved, hard surfaced pedestrian areas such as walkways, plazas, entryways and courtyards. c) Storm water management facilities not otherwise used for building -related or vehicle -related purposes. d) Open recreation areas and recreational trail. e) Other non -building and non -vehicular related space. B. Use Regulations Zone D: General Purpose and Description. Zone D is intended to provide a location for heavy industrial uses. Exterior storage is allowed, provided it is screened from view from public right-of-way. 1) Principal permitted uses shall be limited to: a) Railroad and public orquasi-public utilities. b) Corporate offices. c) Mail order houses. d) Printing and publishing. e) Laboratories for research and engineering. f) Moving/storage facilities. g) Wholesale sales/distributor. h} Freight transfer facilities. i) Fuel and ice dealers. j) Cold storage/locker plants. k) Packing and processing of meat, dairy or food products, not to include stockyards or slaughterhouses, I) Compounding, processing and package of chemical products. m) Manufacture, assembly, repair or storage of electrical and electronic products, components or equipment. Dubuque Industrial Center South Ordinance No. —13 Page 4 n) Warehousing and storage facilities, not to include mini - warehouses. o) Manufacturing, processing, fabrication, assembling, packaging or other comparable treatment of goods or materials. 2) Conditional uses shall be limited to the following: a) Day care center, within a primary office/industrial building or as an accessory structure on the same lot. Day care centers are subject to state regulations and requirements of Article 8-20, Licensed Child Care Center, of the Unified Development Code, 3) Accessory uses shall be limited to the following: a) Retail outlets within a primary officelindustrial building, selling products produced on -site and only as accessory to the principal use. b) Any use customarily incidental and subordinate to the principal use it serves. 4) Temporary uses shall be limited to the following: Any use listed as a permitted use within the PUD District of a limited duration as established in Article 3-19 and as defined in Article 2-3 of the Unified Development Code. 5) The provision of off-street parking shall be regulated by Article 14 of the City of Dubuque's Uned Development Code. Zone O: General Purpose and Description. Zone O is intended to serve as an amenity to the industrial park, provide public areas and control of storm water to protect downstream properties. I Principal permitted uses shall be limited to: a) Railroads and public orquasi-public utilities. b) Parks, nature areas, playgrounds and similar recreational uses. c) Picnic areas. d) Recreational trails. Dubuque Industrial Center South Ordinance No. —13 Page 5 e) Club houses, shelter houses, tennis courts, playground equipment, or other recreational buildings and structures when associated with parks, nature areas, playgrounds and recreational facilities. f) Construction of dams, reservoirs, detention ponds and similar storm water control facilities. 2) Conditional uses (reserved for future use). 3) Accessory uses shall be limited to the following: a) Any use customarily incidental and subordinate to the principle use it serves. 4) Temporary uses (reserved for future use). C. Lot Bulk Regulations Development of land in Zones D and O shall be regulated as follows: 1) All building structures and activities shall be located in conformance with the attached conceptual development plan and all final site development plans shall be approved in accordance with provisions of this ordinance and Article 12 of the Unified Development Code, 2) All building -related features in Zones D and O shall be in accordance with the following bulk regulations chart: Minimum Lot Front Side Rear yard Building lot area in frontage yard yard setback height acres minimum setback setback minimum maximum feet minimum minimum feet feet feet feet Zone O N/A N/A N/A NIA N/A N/A Zone D 2 acres 100 50 25 50 100 a) Lots smaller than minimum will be allowed if the parcel is consolidated or combined with a larger lot. Substations for public and quasi -public utilities shall be exempt from lot frontage and lot area .requirements. b) Maximum lot coverage shall be 80 percent. All building and vehicle related features shall be considered when calculating total land area coverage, except fire lanes and railroad tracks. Dubuque Industrial Center South Ordinance No. —13 Page 6 c) Maximum building height shall be as stipulated in the bulk regulations chart above, except the following may exceed the height limit: cooling towers, condensers, elevator bulkheads, stacks and other necessary mechanical equipment and their protective housing. Heating, ventilating and air conditioning (HVAC) equipment is limited to 10 feet above height limitation. d) Within required front, side and rear setbacks, only driveways, fire lanes, railroad tracks, open space features and primary and secondary signage are allowed. Parking lots may encroach up to 50% into the required front yard setback. D. Parking and Loading Regulations 1) All vehicle -related features, except for railroad tracks, shall be surfaced with either asphalt or concrete. 2) All parking and loading spaces shall be delineated on the surfacing material by painted stripes or other permanent means. 3) The number, size and design of parking spaces shall be governed by applicable provisions in Articles 13 and 14 of the City of Dubuque Unified Development Code. 4) The number, size and design and location of parking spaces designated for persons with disabilities shall be according to the local, state or federal requirements in effect at the time of development. 5) The location and number of private driveway intersections with public streets shall be reviewed and approved by the City Engineer. 6) No on -street maneuvering of delivery vehicles will be allowed on any street. Lots shall provide all necessary maneuvering space for delivery vehicles within the boundaries of the lots. 7) All loading docks for shipping and receiving raw and manufactured goods shall be designed to provide for the direct movement of goods between the delivery vehicle and the interior of the building. Dubuque Industrial Center South Ordinance No. —13 Page 7 E. Exterior Storage Regulations Exterior storage shall be in accordance with the following regulations: Allowable Allowable Allowable Minimum Maximum Products Store Location Screening Opacity Height of Materials Screening Zone D Raw or finished Rear or Similar to 50% 12 feet goods; side yards building equipment color Zone O PROHIBITED 1) Exterior storage of materials, which could be blown into the. air or strewn about by the wind, shall be prohibited. 2) Exterior storage, where allowed, shall not encroach into a front yard. A front yard may exceed the required frontyard setback. 3) The ground area coverage of exterior storage areas shall be the area contained inside the required screening. This area shall be considered to be a building -related feature for purposes of calculating total land area coverage. 4) Exterior storage must be screened from view from adjacent public right - of --way. 5) The screening height shall be measured from the ground level outside the line of the screen. Screens built on sloping grades shall be stepped so that their top line shall be horizontal. 6) Required screening is intended to buffer surrounding property from the negative visual impact created by the storage of raw or finished goods, materials and equipment that can adversely impact the value of adjacent property. 7) The City Planner may grant a waiver for screening to exceed the maximum height allowed, when topography or height of individual finished products or equipment could make it impossible to completely screen a storage area from every vantage point. The City Planner may not grant waiver in maximum screening height for raw materials or stacked goods. Dubuque Industrial Center South Ordinance No. —13 Page 8 8) All exterior entrances to a screened storage area shall be provided with a gate or door of similar design to that of the screen. 9) Long-term storage of products or materials in semi -trailers or shipping containers is prohibited. F. Exterior Trash Collection Area Requirements 1) Exterior trash collection areas shall include collection bins, dumpstersI and similar waste receptacles for the short-term storage and collection of trash. Trash shall include garbage, scrap, recyclables, debris and similar materials. 2) The storage of trash shall be limited to that produced by the principal permitted use and accessory uses of the lot. Exterior storage of trash, which could be blown into the air or strewn about by the wind, shall be prohibited. 3) The ground area coverage of.exterior trash collection' areas shall be the area contained inside the required screening. This area shall be considered a building -related feature for purposes of calculating total land area coverages. 4) Exterior trash collection areas shall be located in rear or side yards only. Exterior trash collection areas shall not encroach into a front yard. A front yard may exceed the required front yard setback. 5) All exterior trash collection areas and the materials contained therein shall be screened from view from the adjacent public right-of-way. 6) The screening shall be a completely opaque fence, wall or other feature not exceeding a height of 10 feet measured from the ground level outside the line of the screen. Screens built on sloping grades shall be stepped so that their top line shall be horizontal. 7) Exposed materials used to construct the opaque screen shall be similar in appearance to materials used for exterior building walls. All exterior entrances to a screened trash area shall be provided with a gate or door of similar design to that of the screen. 8) If a 10-foot high screen fails to shield the exterior trash collection area from view from the adjacent public right-of-way, evergreen plantings may be required in addition to the screening. Evergreen plant materials shall be selected and designed so that they will screen the area from the adjacent public right -of --way within five (5) years. Dubuque Industrial Center South Ordinance No. —13 Page 9 G. Landscaping Regulations The following landscape regulations shall apply to each lot: 1) an Materials: The open space area of each lot shall be planted with permanent lawn and ground covers, shrubs and trees. It is the intent of these regulations that the development of required open spaces shall reflect a high quality of environmental design. 2) Landscaping: The following is the minimum requirement of trees and shrubs, by number and size, and the type of ground cover required. Street trees planted in public street right-of-way shall not be counted toward fulfillment of the minimum site requirements set forth below. Plant species to be used for landscaping shall be in accordance with the City of Dubuque Street Tree Policy. Existing trees and shrubs to be retained on -site may be counted toward fulfillment of the landscaping requirements. a) Minimum tree planting requirements for any new development in the Dubuque Industrial Center South shall be one (1) tree of the following size per 1,600 square feet of required open space: 40% minimum: 2-2 1/2" caliper diameter deciduous and/or 8-foot height or greater evergreen. Balance: 1 % - 2" caliper diameter deciduous and/or 6-foot height evergreen. b) Minimum shrub requirements at the time of planting for any development in the PUD District shall be 6 shrubs, or 1 shrub per 1,000 square feet of required open space, whichever is greater. Shrubs shall be a minimum of 18" height or minimum of one (1) gallon potted. 3) Landscape berms and/or plantings shall be required as screening for parking areas adjacent to public streets and shall be a minimum of three (3) feet in height and can utilize natural grade changes to achieve the required 50% opacity landscaping screen. Parking lot screening is in addition to required landscaping of open space areas. 4) Trees shall be provided in all parking lot islands, which are of sufficient size to ensure the growth and survival of the trees. Trees planted in parking lot islands may be counted toward the minimum tree planting requirements. Dubuque Industrial Center South Ordinance No. —13 Page 10 5) The developer of any lot fronting Seippel Road and/or other Public Streets shall participate in the planting trees compatible in species and spacing with tree plantings, which have previously been completed by the City along Seippel Road, 6) The installation of required planting materials may be phased in direct proportion to the phasing of building construction. Required landscaping shall be installed by the date the Building Services Department issues an occupancy certificate, or if winter weather prevents planting, within six months of being issued an occupancy certificate. 7) The lot owner is required to replant any and all plant materials which have died due to any cause during the effective period of this PUD Ordinance. 8) A detailed landscape plan shall be required as part of submitfial for final site development plan approval. 9) The area between the public street and the right -of --way line shall be planted with grass and maintained by the lot owner. H. Sign Regulations 1) Applicability of City of Dubuque Ordinances: The provisions of the City of Dubuque Unified Development code Article 15 Signs shall apply unless further regulated by this section. 2) Off=Premise Signs: Off -premise signs shall be prohibited. 3) On -Premise Signs: On -premise signs shall be erected or constructed in accordance with the following regulations: a) Allowable content: signs, messages, and graphics shall be limited to the following contenfs: 1) Industrial Center signs: limited to identification of Dubuque Industrial Center South. Entrance signs Directory signs 2) Company primary signs: limited to identification of uses in Zone D. Identification of company name Dubuque Industrial Center South Ordinance No. —13 Page 11 Identification of company products or services Graphic symbol or logo identified with the company 3) Secondary signs: Allowable in all zones. ■ Street address. ■ Directional messages.necessaryfor the safe and efficient flow of vehicular and pedestrian traffic on the lot. ■ Identification of visitor entrances to the building, shipping and receiving docks and other delivery points. ■ Identification of assigned parking spaces and parking spaces accessible to persons with disabilities. ® Temporary announcements of pending or new construction. ■ Commemorative messages. b) Schedule of sign regulations: allowable structure type, size, number and height shall be limited to the following requirements: Type of Sign * Maximum size Maximum Number Allowable Maximum Structure Height* type Industrial Center 200 square feet per Three (3) signs Monument 12 feet Entrance Signs sign face Industrial Center 30 square feet per Three (3) signs Monument 8 feet Directory Signs sign face Company Primary 10% of building wall 2 signs per street Wall- Below Signs sign is mounted on or frontage per business mounted eave or 400 total square feet parapet of sign area, whichever is less. 150 square feet per 1 sign per business Monument 10 feet sign face restricted to interior street frontages only Secondary signs 6 square feet per sign No maximum number Wall- 10 feet face mounted Monument 6 feet The height of the monument -style signs shall be measured from average grade to top of sign structures. Dubuque Industrial Center South Ordinance No. — 13 Page 12 c) 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) Lighting: Signs may be illuminated only by means of indirect lighting, whereby all light sources and devices are shielded from view by opaque or translucent materials, or internally illuminated by means of a light source completely enclosed by the sign panel. e) Motion: No signs may include any device or means, mechanical, electrical or natural, which shall cause any motion of the sign panel or any part thereof. No flashing lights or changing colors shall be allowed. Maintenance Assessments 1) The City will cause the construction of such improvements as the City deems appropriate in the Public Areas of this PUD District shown on the Plan. Maintenance and repair of the Public Areas and its improvements is the responsibility of the City with fifty percent (50%) of costs of such maintenance and repair assessed to and paid by the owners of property in this PUD District. Private connections to the Public Areas and the subsequent maintenance and repair of such private connections are the responsibility of each owner and may not be constructed without the prior written approval of the City. 2) The City will assess against the properties in this PUD District in each assessment year an annual assessment for the purpose of paying fifty percent (50%) of the actual costs of the City's maintenance and repair of the Public Areas and the actual costs associated with maintaining and lighting the park entrance signs. Said assessment may also include the establishment of a capital improvements reserve fund for such purposes. Upon establishment of such assessment levy, the owner of each lot must pay to the City a pro rata share (as hereinafter defined) of such assessment. The owner waives any and all rights to further notice, to object to the assessments, the amount of the assessments, the procedure for certifying the assessments or to any other rights the owner would have as provided in Iowa Code Chapter 364 and Chapter 384 and that the schedule of assessments may be certified by the City to the Dubuque Dubuque Industrial Center South Ordinance No. —13 Page 13 County Treasurer for collection in the same manner as provided in Iowa Code Chapter 364 and Chapter 384, 3) If such pro rata share is not paid within thirty (30) days after its due date, the owner agrees that that amount of such pro rata share will become a lien upon the lot obligated to pay the same and will bear interest from the due date at the highest legal contract rate applicable to a natural person. The owner further agrees that the City may bring an action at law against any owner obligated to pay the same, or foreclose the lien against the lot. The owner agrees that the owner is also obligated to reimburse the City for the City's costs and reasonable attorney's fees of any collection efforts. The owner agrees that the owner may not waive or otherwise avoid liability for an assessment provided herein by non-use of the Public Areas or abandonment of a lot. 4) An owner's pro rata share is equal to a fraction, the numerator of which is the gross square feet area of the lot or lots owned by the owner and the denominator of which is the gross square feet area of all lots in this PUD District exclusive of the Public Areas and public rights -of -way. J. Performance Standards The development and maintenance of uses in this PUD District shall be established in conformance with the following standards 11 Platting: The conceptual development plan shall serve as the preliminary plat for this PUD District. Subdivision plats and improvement plans shall be submitted in accordance with Article 11. Land Subdivision, of the City of Dubuque Unified Development Code, 2) Site Plans: Final site development plans shall be submitted in accordance with Article 12 Site Plans and Article 13 Site Design Standards prior to construction of each building and vehicle -related feature unless otherwise exempted by Article 12, 3) Storm Water Conveyance: The developer of each lot shall be responsible for providing surface or subsurface conveyance(s) of storm water from the lot to existing storm sewers or to flow line of open drainage ways outside the lot in a means that is satisfactory to the Engineering Department of the City of Dubuque. Other applicable regulations enforced by the City of Dubuque relative to storm water management and drainage shall apply to properties in the PUD District. Dubuque Industrial Center South Ordinance No. —13 Page 14 4) Noises: Noises generated within the PUD District shall be regulated by Chapter 33, Article IV, Noises, of the City of Dubuque Code of Ordinances. 5) Flood Plain Regulations: The area of the PUD District that lies within the flood plain of Catfish Creek shall be subject to the regulations of Article 64 of the Unified Development Code, 6) 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. 7) Other Codes and Regulations: These regulations do not relieve an owner from other applicable City, County, State or Federal Codes, regulations, laws and other controls relative to the planning, construction, operation and management of property in the PUD District. K. Transfer of Ownership Transfer of ownership or lease of property in this PUD District shall include in the transfer or lease agreement a provision that the purchaser or lessee acknowledges awareness of the conditions authorizing the establishment of the district. L. Modifications Any modifications of this Ordinance must be approved by the City Council in accordance with zoning reclassification proceedings of Article M of the Unified Development Code. M. Recording A copy of this ordinance shall be recorded at the expense of the property owner(s) with the Dubuque County Recorder a permanent record of the conditions accepted as part of this reclassification approval within ten (10) days after the adoption of this ordinance. This ordinance shall be binding upon the undersigned and his/her heirs, successors and assigns. Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Dubuque Industrial Center South Ordinance No. 2 — 13 Page 15 Section 4. This Ordinance shall take effect upon publication as provided by law. Passed, approved and adopted this lath day of February 2013. ve test: I, Roy D. Bu Mayor: At Kevin, Hrnstahl, ChrClerk nESCRLPTION: LOT 1 OF 1 OF SOUTH FORK INDUSTRIAL SUBDIVISION NO, 1 MOTION 311 T89N, RM OF THIS 6TH P.H., IN THE CITY OF DUBUpRS, IOWA AND LOT f OF 2 OF SOUTR FOR% INDUSTRW. SUBDIVISION NO, I SECTION 31 T89N, RM OF THE 6TH P.H., IN THE CITY OF DUBUQUE, IOWA JLD INVESTMENTS LLC COSTELLO, LEO J k LORI L �� BIOi � 1 9 860 c `b A Ie� �T / cti LW /1 !EX, WATER INDUSTRIAL} BUILDING PAD 2 IN I NO IS kj- Dz j0 D. \ INDUSTRIAL BUILDING PAD I G so_ � o MAIN 4i r INDUSTRIAL � BUILDING �BD \\1 C PAD 4 ` 7DETENTIO J. 1 JECRLIN, DONALD I TRUST 1/2 INT JECKLIN, MANY C TRUST 1/2 INT AREA SUMMARY: OWNER LEGEND ISDI C_ NORTH NVP TOTAL AREA = 106.96 ACRES CFIT OF DUBUQUD I I PUBLIC A08A3 = 108.98 ADRE$ 60 if 13TH STREET ZONE D PHONE: ( 3 62001 HORIZONTAL 5CAlE IN FEET PHONE: (689) 689-4100 0 160 300 ARCHITECTURE ZONE 0 (PUBLIC AREAS) ED CIVIL ENGINEAGINEERING DRAWLS MAY HAVE BEEN REDUCED CONSTRUCTION SEIMCEs SIEGERT, VILLIAM A & JANET L — — — — — — — — — — — — — ' i I ENNROEAAD SUL ENGINEERING MUN_ PNO sOR — — TRU CIPALENGINEEWNG sTRUGTURAL EN \�\ I TRANSPORTATION ENGINEERING VEERING I NLEGRIttEYYERHSEGttUIIONG \\ \ . 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O95 ROKAEARTIHIR 0 I AINR .EN K I II �IAS S F45A1ENJ0/0 --- \ I i \ \\ SA ERORO, KIM TT WOODS C PLOUgDE METROPOLITAN AREA / DUBUQSOLID WASTE AGENCY NA METROPOLITAN AREA SOLID BASTE AGENCY ) / I NORTH FUTURE a 4" PCC WALK 6" TOPSOIL IN ROW CURB BACKFILL, TYP PROPOSED YIATERMAIN 37'-6" 16•-6" FIT -2 OR - L-2 J0", zx U vv 3r-6• av � < 29: VT Oft 4% a L-2 JOINT 2% ISTANDARD 6" 9" PCC INTEGRAL CURE 12" STONF BASE PROPOSED FIBER OPTIC CONDUIT /'-,-1 TYPICAL SECTION Etna 1419 m MATZ o � 0 2�r FUTURE 4" PCC WALK TRANSVERSE CD CONTRACTION JOINTS 16' CC. INSTALL CO BASKETS UP TO 18" FROM DOC LONGITUDINAL SUBDRAIN, INSTALL AS DEEP AS POSSIBLE TO OUTLET DRAIN INTO CATCH BASINS. MIN, 42" BELOVI BOTTOM OF CONC. PAVEMENT. FOR OTHER DETAILS SEE IDOT DETAIL RF-190 (TYPE 12) Zoning Classification Single -Family Residential (R-1) Single -Family Residential District with conditions Two -Family Residential (R-2) Two -Family Residential District with conditions Alternate Two -Family Residential (R-2A) Alternate Two -Family Residential District with conditions Mod. Density Multi -Family Residential _(R-3) Moderate Density Multi -Family Residential District with condillons ® Multi -Family Residential (R-4) ® Multi -Family Residential District with conditions Planned Residential (PR) - Office Commercial (OC) ® Office Residential (OR) ® Office Service (OS) Office Service District with conditions Planned Office (PO) Neighborhood Commercial II Neighborhood Commercial District with conditions ® Neighborhood Shopping Center (C-2) Neighborhood Shopping Center District with conditions - Mixed Use Neighborhood (C-2A) - Mixed Use Neighborhood with conditions - General Commercial (C-3) _ General Commercial with conditions - Downtown Commercial (C-4) _ Downtown Commercial District with conditions - Central Business Disldct (C-5) - Commercial Recreation (CR) - Commercial Recreation District with conditions Commercial Service & Wholesale (CS) LA Commercial Service G' Wholesale District with conditions Planned Commercial (f C) Light Industrial (LI) Llght Industrial District with conditions - Heavy Industrial (HI) ® Heavy Industrial District with conditions Modified Heavy Industrial (MHI) Modified Heavy Industrial District with conditions j." Planned Industrial (P1) Planned Industrial Di6trict with conditions I Institutional (ID) - Public Open Space (POS) Agricultural (AG) Agricultural with a Rural Residential Overlay District City limits [,? Cily of Dubuque City of Asbury I Sageville 11WAH CIVIL ENGINEERING CONSTRUCTION SERVICES ENVIRONMENTAL ENGINEERING LAND SURVEYING MUNICIPAL ENGINEERING STRUCTURAL ENGINEERING TRANSPORTATION ENGINEERING (C) COPYRIGHT 2017 ALL RIGHTS RESERVED - THESE DOCUMENTS HAVE BEEN PREPARED SPECIFICALLY FOR THIS PROJECTONLY- NOPARTOFTHIS DOCUMENT MAY BE REPRODUCED OR DISTRIBUTED IN ANY FORM WITHOUT THE PERMISSION OF IIW, P.C- ALL INFORMATION IN THIS DOCUMENT 15 CONSIDERED z x F 03 G` � J °_ W 0. FN J z N Q w U l�F.I ¢i=m IL Nof a � w p O z z U Q w tD z � z o �� a m U a0 EX 2 No: 11083 01 ml n Brehm Acres CT I . -fPPE Oblique view of subject property (red) and Dubuque Industrial Center South (2020 Imagery) Brehm Acres +4�YYi! f yµn 1 f e. Street View imagery of subject property looking southeast from Cottingham Road (July 2019) Exhibit A N C9 0 C) N 0 --r'Ttj ar r -TTr, r f 0.1 4,q U Uin-ay tpai center bp _ in 0 C z Cf) Legend Miles Zone D 0.2 Zone 0 (Public Areas) m Doc ID: 011088410016 Type: GEN Kind: ORDINANCE Recorded: 04/18/2023 at 01:29:15 PM Fee Amt: $82.00 Paqe 1 of 16 Dubuque County Iowa Karol Kennedy Recorder File2023-00003379 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. 13'h St Telephone: 589-4121 ORDINANCE NO. 16-23 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES UNIFIED DEVELOPMENT CODE BY RESCINDING ORDINANCE NO. 2-13 WHICH ESTABLISHED REGULATIONS FOR A PUD PLANNED UNIT DEVELOPMENT WITH A PI PLANNED INDUSTRIAL DESIGNATION AND ADOPTING AN AMENDED PUD ORDINANCE THAT EXPANDS THE DISTRICT BY INCORPORATING AN ADDITIONAL PARCEL OF LAND NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is hereby amended by rescinding Ordinance No. 2-13 and expanding the Dubuque Industrial Center South PUD by incorporating an additional parcel of land and adopting a conceptual development plan, a copy of which is attached to and made a part hereof, for the for the property legally described below, to wit: Lots A, B, Balance of Lot C and Lots 2,3,4,5, and 5A of Dubuque Industrial Center South First Addition; Lot A and Lots 1, 2, and 3 of Dubuque Industrial Center South Third Addition; and Lot 2 of Brehm Acres Plat 3 Section 2. Attached hereto and made a part of this zoning reclassification approval is the Conceptual Development Plan for the Dubuque Industrial Center South Planned Unit Development marked Exhibit A. It is recognized that minor shifts or modifications to the general plan layout may be necessary and compatible with the need to acquire workable street patterns, grades, and usable building sites. The general plan layout, including the relationship of land uses to the general plan framework and the development requirements shall be used as the implementation guide. A) Definitions 1) Building -related Features DBQ City Planni n8200 Dubuque Industrial Center South Ordinance No. 16-23 Page 2 Building -related features are defined as all construction items which rise above the grade surface of the lot. These include: a) The primary building. b) All accessory or secondary buildings. c) All exterior storage areas. d) Exterior refuse collection areas. e) Exterior mechanical equipment. f) Containerized or tank storage of liquids, fuels, gases and other materials. 2) Vehicle -related Features Vehicle -related features are defined as all areas used for the movement and parking of all vehicles within the lot. These include: a) Employee and visitor parking spaces. b) Driveways from the street right-of-way line to and from parking spaces. c) Loading spaces outside of the building. d) Maneuvering spaces outside the building. e) Parking spaces for company -owned commercial vehicles. f) Fire lanes. g) Railroad tracks 3) Open Space Features Open space features are defined as those exterior areas and developed features of the lot which include: a) Landscape space containing lawn areas and plantings. b) Paved, hard -surfaced pedestrian areas such as walkways, plazas, entryways and courtyards. Dubuque Industrial Center South Ordinance No. 16-23 Page 3 c) Storm water management facilities 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. B. Use Regulations Zone D: General Purpose and Description. Zone D is intended to provide a location for heavy industrial uses. Exterior storage is allowed, provided it is screened from view from public right-of-way. 1) Principal permitted uses shall be limited to: a) Railroad and public or quasi -public utilities. b) Corporate offices. c) Mail order houses. d) Printing and publishing. e) Laboratories for research and engineering. f) Moving/storage facilities. g) Wholesale sales/distributor. h) Freight transfer facilities. i) Fuel and ice dealers. j) Cold storage/locker plants. k) Packing and processing of meat, dairy or food products, not to include stockyards or slaughter houses. 1) Compounding, processing and package of chemical products. m) Manufacture, assembly, repair or storage of electrical and electronic products, components or equipment. Dubuque Industrial Center South Ordinance No. 16-23 Page 4 n) Warehousing and storage facilities, not to include mini - warehouses. o) Manufacturing, processing, fabrication, assembling, packaging or other comparable treatment of goods or materials. 2) Conditional uses shall be limited to the following: a) Day care center, within a primary office/industrial building or as an accessory structure on the same lot. Day care centers are subject to state regulations and requirements of Article 8-20, Licensed Child Care Center, of the Unified Development Code. 3) Accessory uses shall be limited to the following: a) Retail outlets within a primary office/industrial building, selling products produced on -site and only as accessory to the principal use. b) Any use customarily incidental and subordinate to the principal use it serves. 4) Temporary uses shall be limited to the following: Any use listed as a permitted use within the PUD District of a limited duration as established in Article 3-19 and as defined in Article 2-3 of the Unified Development Code. 5) The provision of off-street parking shall be regulated by Article 14 of the City of Dubuque's Unified Development Code. Zone O: General Purpose and Description. Zone O is intended to serve as an amenity to the industrial park, provide public areas and control of storm water to protect downstream properties. 1) Principal permitted uses shall be limited to: a) Railroads and public or quasi -public utilities. b) Parks, nature areas, playgrounds and similar recreational uses. c) Picnic areas. d) Recreational trails. Dubuque Industrial Center South Ordinance No. 16-23 Page 5 e) Club houses, shelter houses, tennis courts, playground equipment, or other recreational buildings and structures when associated with parks, nature areas, playgrounds and recreational facilities. f) Construction of dams, reservoirs, detention ponds and similar storm water control facilities. 2) Conditional uses (reserved for future use). 3) Accessory uses shall be limited to the following: a) Any use customarily incidental and subordinate to the principle use it serves. 4) Temporary uses (reserved for future use). C. Lot Bulk Regulations Development of land in Zones D and O shall be regulated as follows: 1) All building structures and activities shall be located in conformance with the attached conceptual development plan and all final site development plans shall be approved in accordance with provisions of this ordinance and Article 12 of the Unified Development Code. 2) All building -related features in Zones D and O shall be in accordance with the following bulk regulations chart: Minimum Lot Front Side Rear Building lot area frontage yard yard yard height in acres minimum setback setback setback maximum feet minimum minimum minimum feet feet feet feet Zone N/A N/A N/A N/A N/A N/A O Zone 2 acres 100 50 25 50 100 D ___L a) Lots smaller than minimum will be allowed if the parcel is consolidated or combined with a larger lot. Substations for public and quasi -public utilities shall be exempt from lot frontage and lot area requirements. b) Maximum lot coverage shall be 80 percent. All building and vehicle related features shall be considered when calculating total land area coverage, except fire lanes and railroad tracks. Dubuque Industrial Center South Ordinance No. 16-23 Page 6 c) Maximum building height shall be as stipulated in the bulk regulations chart above, except the following may exceed the height limit: cooling towers, condensers, elevator bulkheads, stacks and other necessary mechanical equipment and their protective housing. Heating, ventilating and air conditioning (HVAC) equipment is limited to 10 feet above height limitation. d) Within required front, side and rear setbacks, only driveways, fire lanes, railroad tracks, open space features and primary and secondary signage are allowed. Parking lots may encroach up to 50% into the required front yard setback. D. Parking and Loading Regulations 1) All vehicle -related features, except for railroad tracks, shall be surfaced with either asphalt or concrete. 2) All parking and loading spaces shall be delineated on the surfacing material by painted stripes or other permanent means. 3) The number, size and design of parking spaces shall be governed by applicable provisions in Articles 13 and 14 of the City of Dubuque Unified Development Code. 4) The number, size and design and location of parking spaces designated for persons with disabilities shall be according to the local, state or federal requirements in effect at the time of development. 5) The location and number of private driveway intersections with public streets shall be reviewed and approved by the City Engineer. 6) No on -street maneuvering of delivery vehicles will be allowed on any street. Lots shall provide all necessary maneuvering space for delivery vehicles within the boundaries of the lots. 7) All loading docks for shipping and receiving raw and manufactured goods shall be designed to provide for the direct movement of goods between the delivery vehicle and the interior of the building. Dubuque Industrial Center South Ordinance No. 16-23 Page 7 E. Exterior Storage Regulations Exterior storage shall be in accordance with the following regulations: Allowable Allowable Allowable Minimum Maximum Products Store Location Screening Opacity Height of Materials Screening Zone D Raw or finished Rear or Similar to 50% 12 feet goods; side yards building equipment color Zone O PROHIBITED 1) Exterior storage of materials, which could be blown into the air or strewn about by the wind, shall be prohibited. 2) Exterior storage, where allowed, shall not encroach into a front yard. A front yard may exceed the required front yard setback. 3) The ground area coverage of exterior storage areas shall be the area contained inside the required screening. This area shall be considered to be a building -related feature for purposes of calculating total land area coverage. 4) Exterior storage must be screened from view from adjacent public right- of-way. 5) The screening height shall be measured from the ground level outside the line of the screen. Screens built on sloping grades shall be stepped so that their top line shall be horizontal. 6) Required screening is intended to buffer surrounding property from the negative visual impact created by the storage of raw or finished goods, materials and equipment that can adversely impact the value of adjacent property. 7) The City Planner may grant a waiver for screening to exceed the maximum height allowed, when topography or height of individual finished products or equipment could make it impossible to completely screen a storage area from every vantage point. The City Planner may Dubuque Industrial Center South Ordinance No. 16-23 Page 8 not grant waiver in maximum screening height for raw materials or stacked goods. 8) All exterior entrances to a screened storage area shall be provided with a gate or door of similar design to that of the screen. 9) Long-term storage of products or materials in semi -trailers or shipping containers is prohibited. F. Exterior Trash Collection Area Requirements 1) Exterior trash collection areas shall include collection bins, dumpsters, and similar waste receptacles for the short-term storage and collection of trash. Trash shall include garbage, scrap, recyclables, debris and similar materials. 2) The storage of trash shall be limited to that produced by the principal permitted use and accessory uses of the lot. Exterior storage of trash, which could be blown into the air or strewn about by the wind, shall be prohibited. 3) The ground area coverage of exterior trash collection areas shall be the area contained inside the required screening. This area shall be considered a building -related feature for purposes of calculating total land area coverages. 4) Exterior trash collection areas shall be located in rear or side yards only. Exterior trash collection areas shall not encroach into a front yard. A front yard may exceed the required front yard setback. 5) All exterior trash collection areas and the materials contained therein shall be screened from view from the adjacent public right-of-way. 6) The screening shall be a completely opaque fence, wall or other feature not exceeding a height of 10 feet measured from the ground level outside the line of the screen. Screens built on sloping grades shall be stepped so that their top line shall be horizontal. 7) Exposed materials used to construct the opaque screen shall be similar in appearance to materials used for exterior building walls. All exterior entrances to a screened trash area shall be provided with a gate or door of similar design to that of the screen. 8) If a 10-foot high screen fails to shield the exterior trash collection area from view from the adjacent public right-of-way, evergreen plantings may be required in addition to the screening. Evergreen plant materials Dubuque Industrial Center South Ordinance No. 16-23 Page 9 shall be selected and designed so that they will screen the area from the adjacent public right-of-way within five (5) years. G. Landscaping Regulations The following landscape regulations shall apply to each lot: 1) Plant Materials: The open space area of each lot shall be planted with permanent lawn and ground covers, shrubs and trees. It is the intent of these regulations that the development of required open spaces shall reflect a high quality of environmental design. 2) Landscaping: The following is the minimum requirement of trees and shrubs, by number and size, and the type of ground cover required. Street trees planted in public street right-of-way shall not be counted toward fulfillment of the minimum site requirements set forth below. Plant species to be used for landscaping shall be in accordance with the City of Dubuque Street Tree Policy. Existing trees and shrubs to be retained on -site may be counted toward fulfillment of the landscaping requirements. a) Minimum tree planting requirements for any new development in the Dubuque Industrial Center South shall be one (1) tree of the following size per 1,600 square feet of required open space: 40% minimum: 2-2 112" caliper diameter deciduous and/or 8-foot height or greater evergreen. Balance: 1 '/2 - 2" caliper diameter deciduous and/or 6-foot height evergreen. b) Minimum shrub requirements at the time of planting for any development in the PUD District shall be 6 shrubs, or 1 shrub per 1,000 square feet of required open space, whichever is greater. Shrubs shall be a minimum of 18" height or minimum of one (1) gallon potted. 3) Landscape berms and/or plantings shall be required as screening for parking areas adjacent to public streets and shall be a minimum of three (3) feet in height and can utilize natural grade changes to achieve the required 50% opacity landscaping screen. Parking lot screening is in addition to required landscaping of open space areas. 4) Trees shall be provided in all parking lot islands, which are of sufficient size to ensure the growth and survival of the trees. Trees planted in Dubuque Industrial Center South Ordinance No. 16-23 Page 10 parking lot islands may be counted toward the minimum tree planting requirements. 5) The developer of any lot fronting Seippel Road and/or other Public Streets shall participate in the planting trees compatible in species and spacing with tree plantings, which have previously been completed by the City along Seippel Road. 6) The installation of required planting materials may be phased in direct proportion to the phasing of building construction. Required landscaping shall be installed by the date the Building Services Department issues an occupancy certificate, or if winter weather prevents planting, within six months of being issued an occupancy certificate. 7) The lot owner is required to replant any and all plant materials which have died due to any cause during the effective period of this PUD Ordinance. 8) A detailed landscape plan shall be required as part of submittal for final site development plan approval. 9) The area between the public street and the right-of-way line shall be planted with grass and maintained by the lot owner. H. Sign Regulations 1) Applicability of City of Dubuque Ordinances: The provisions of the City of Dubuque Unified Development code Article 15 Signs shall apply unless further regulated by this section. 2) Off -Premise Signs: Off -premise signs shall be prohibited. 3) On -Premise Signs: On -premise signs shall be erected or constructed in accordance with the following regulations: a) Allowable content: signs, messages, and graphics shall be limited to the following contents: 1 } Industrial Center signs: limited to identification of Dubuque Industrial Center South. ■ Entrance signs ■ Directory signs Dubuque Industrial Center South Ordinance No. 16-23 Page 11 2) Company primary signs: limited to identification of uses in Zone D. ■ Identification of company name ■ Identification of company products or services ■ Graphic symbol or logo identified with the company 3) Secondary signs: Allowable in all zones. ■ Street address. ■ Directional messages necessary for the safe and efficient flow of vehicular and pedestrian traffic on the lot. ■ Identification of visitor entrances to the building, shipping and receiving docks and other delivery points. • Identification of assigned parking spaces and parking spaces accessible to persons with disabilities. ■ Temporary announcements of pending or new construction. ■ Commemorative messages. b) Schedule of sign regulations: allowable structure type, size, number and height shall be limited to the following requirements: Type of Sign Maximum size Maximum Number Allowable Maximum Structure Height* type Industrial Center 200 square feet per Three (3) signs Monument 12 feet Entrance Signs sign face Industrial Center 30 square feet per Three (3) signs Monument 8 feet Directory Signs sign face Company 10% of building wall 2 signs per street Wall- Below Primary Signs sign is mounted on or frontage per business mounted eave or 400 total square feet parapet of sign area, whichever is less. 150 square feet per 1 sign per business Monument 10 feet sign face restricted to interior street frontages only Secondary signs No maximum number Wall- 10 feet mounted Dubuque Industrial Center South Ordinance No. 16-23 Page 12 Type of Sign Maximum size Maximum Number Allowable Maximum Structure Height* type 6 square feet per sign Monument 6 feet face *The height of the monument -style signs shall be measured from average grade to top of sign structures. c) 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) Lighting: Signs may be illuminated only by means of indirect lighting, whereby all light sources and devices are shielded from view by opaque or translucent materials, or internally illuminated by means of a light source completely enclosed by the sign panel. e) Motion: No signs may include any device or means, mechanical, electrical or natural, which shall cause any motion of the sign panel or any part thereof. No flashing lights or changing colors shall be allowed. Maintenance Assessments 1) The City will cause the construction of such improvements as the City deems appropriate in the Public Areas of this PUD District shown on the Plan. Maintenance and repair of the Public Areas and its improvements is the responsibility of the City with fifty percent (50%) of costs of such maintenance and repair assessed to and paid by the owners of property in this PUD District. Private connections to the Public Areas and the subsequent maintenance and repair of such private connections are the responsibility of each owner and may not be constructed without the prior written approval of the City. 2) The City will assess against the properties in this PUD District in each assessment year an annual assessment for the purpose of paying fifty percent (50%) of the actual costs of the City's maintenance and repair of the Public Areas and the actual costs associated with maintaining and lighting the park entrance signs. Said assessment may also include the establishment of a capital improvements reserve fund for such purposes. Upon establishment of such assessment levy, the owner of Dubuque Industrial Center South Ordinance No. 16-23 Page 13 each lot must pay to the City a pro rata share (as hereinafter defined) of such assessment. The owner waives any and all rights to further notice, to object to the assessments, the amount of the assessments, the procedure for certifying the assessments or to any other rights the owner would have as provided in Iowa Code Chapter 364 and Chapter 384 and that the schedule of assessments may be certified by the City to the Dubuque County Treasurer for collection in the same manner as provided in Iowa Code Chapter 364 and Chapter 384. 3) If such pro rata share is not paid within thirty (30) days after its due date, the owner agrees that that amount of such pro rata share will become a lien upon the lot obligated to pay the same and will bear interest from the due date at the highest legal contract rate applicable to a natural person. The owner further agrees that the City may bring an action at law against any owner obligated to pay the same, or foreclose the lien against the lot. The owner agrees that the owner is also obligated to reimburse the City for the City's costs and reasonable attorney's fees of any collection efforts. The owner agrees that the owner may not waive or otherwise avoid liability for an assessment provided herein by non-use of the Public Areas or abandonment of a lot. 4) An owner's pro rata share is equal to a fraction, the numerator of which is the gross square feet area of the lot or lots owned by the owner and the denominator of which is the gross square feet area of all lots in this PUD District exclusive of the Public Areas and public rights -of -way. J. Performance Standards The development and maintenance of uses in this PUD District shall be established in conformance with the following standards 1) Platting: The conceptual development plan shall serve as the preliminary plat for this PUD District. Subdivision plats and improvement plans shall be submitted in accordance with Article 11. Land Subdivision, of the City of Dubuque Unified Development Code. 2) Site Plans: Final site development plans shall be submitted in accordance with Article 12 Site Plans and Article 13 Site Design Standards prior to construction of each building and vehicle -related feature unless otherwise exempted by Article 12. Dubuque Industrial Center South Ordinance No. 16-23 Page 14 3) Storm Water Conveyance: The developer of each lot shall be responsible for providing surface or subsurface conveyance(s) of storm water from the lot to existing storm sewers or to flow line of open drainage ways outside the lot in a means that is satisfactory to the Engineering Department of the City of Dubuque. Other applicable regulations enforced by the City of Dubuque relative to storm water management and drainage shall apply to properties in the PUD District. 4) Noises: Noises generated within the PUD District shall be regulated by Chapter 33, Article IV, Noises, of the City of Dubuque Code of Ordinances. 5) Flood Plain Regulations: The area of the PUD District that lies within the flood plain of Catfish Creek shall be subject to the regulations of Article 6-4 of the Unified Development Code. 6) 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. 7) Other Codes and Regulations: These regulations do not relieve an owner from other applicable City, County, State or Federal Codes, regulations, laws and other controls relative to the planning, construction, operation and management of property in the PUD District. K. Ordinance History 1) Ord. 2-13: reclassifying hereinafter described property located north and south of Seippel Road and north of U.S. Highway 20 from AG Agricultural District to PUD Planned Unit Development with a PI Planned Industrial designation for the Dubuque Industrial Center South. L. Transfer of Ownership Transfer of ownership or lease of property in this PUD District shall include in the transfer or lease agreement a provision that the purchaser or lessee acknowledges awareness of the conditions authorizing the establishment of the district. M. Modifications Dubuque Industrial Center South Ordinance No. 16-23 Page 15 Any modifications of this Ordinance must be approved by the City Council in accordance with zoning reclassification proceedings of Article 9-5 of the Unified Development Code. N. Recording A copy of this ordinance shall be recorded at the expense of the property owner(s) with the Dubuque County Recorder a permanent record of the conditions accepted as part of this reclassification approval within ten (10) days after the adoption of this ordinance. This ordinance shall be binding upon the undersigned and his/her heirs, successors and assigns. Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 4. This Ordinance shall take effect upon publication as provided by law. Passed, approved and adopted this 171h day of April 2023. rad M. Cavarg6fh, Mayor 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.16-23 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 18th day of April, 2023. 0Ie .;+ V, .`-444601- ..'e Adrienne N. Breitfelder, City Clerk STATE OF IOWA SS: DUBUQUE COUNTY %-t,x'f IFICATF OF PUBLICATION I, Kathy Goetzinger, a Billing CIerk 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: 04/07/2023 and for which the charge is 51.65 Subsc 'bed to before me, a Notary Public in and for Dubuque County, Iowa, this 7th day of April, 2023 K/ e0 Notary Publ n and for Dubuque County, Iowa. rPOAL g J NET K. PAPE zy commission Number 199689 My Commission Expires * +owA 1211112025 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 April, 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 James P. Gantz for property located at Northwest Arterial, PIN 1010476002 to rezone property from AG -Agriculture to Planned Unit Development with PR -Planned Residential zoning designation. 2. Request from John and Dianne Brehm for property located at Brehm Acres to rezone property from County R-1 Single -Family Residential to City Planned Unit Development with PI Planned Industrial designation concurrently with annexation into the City of Dubuque. 3. Request from Nate Runde and Tim Ertl to rezone property located at 1061 Cedar Cross Road, PIN 1034254001 from CS Commercial Service and Wholesale to C-3 General Commercial. 4. Request from Affordable Housing Network Inc. to rezone property located at 900 Alta Vista Street from ID Institutional to OR Office Residential. 5. Request from Scott Kwiecinski, Horizon Development to rezone property located at 1301 Central Avenue from C-4 Downtown Commercial to OR Office Residential. TEXT AMENDMENT 1. Request from the City of Dubuque to amend the Unified Development Code Section 16-11-7: Application Requirements and Review Process and 16-12-6: Off -Site Improvements regarding the evaluation of off -site impacts of subdivision and site plan developments. 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 Clerks 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 4/7 4/17/2023 Public Hearing #2 ORD #16-23