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Weber Acres Rezoning Request_HearingCopyrighted July 5, 2023 City of Dubuque Public Hearings # 03. City Council Meeting ITEM TITLE: Weber Acres Rezoning Request SUMMARY: Proof of publication on notice of public hearing to consider City Council approve a request from the City of Dubuque Engineering Department to rezone property located at Weber Acres, south of Westside Drive and east of Westside Court from County M-2 Heavy Industrial to City CS Commercial Service and Wholesale concurrently with annexation into the City of Dubuque, and Zoning Advisory Commission recommending approval. SUGGESTED DISPOSITION: ATTACHMENTS: Description ZAC Letter to Council Ordinance Application Vicinity Map I magery Staff Report ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described parcel of land located along Westside Drive from County M-2 Heavy Industrial to City CS Commercial Service and Wholesale concurrently with annexation into the City of Dubuque Suggested Disposition: Receive and File; Motion B; Motion A CS Commercial Service Zoning District CS Commercial Service Sign Regulations County M-2 Heavy Industrial Regulations Type Supporting Documentation Ordinance Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation 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 June 8, 2023 The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 13th Street Dubuque IA 52001 Applicant: City of Dubuque Engineering Department Location: Weber Acres, south of Westside Drive and east of Westside Court Description: To rezone property from County M-2 Heavy Industrial to City CS Commercial Service and Wholesale concurrently with annexation into the city of Dubuque. Dear Mayor and City Council Members: The City of Dubuque Zoning Advisory Commission has reviewed the above -cited request at their meeting on June 7, 2023. The application, staff report and related materials are attached for your review. Discussion Bob Schiesl, Assistant City Engineer with the City of Dubuque, spoke on behalf of the application. He stated that as part of the US 52 Southwest Arterial project, the City was responsible for property acquisition for Iowa DOT. Now that the project is complete, the City is cleaning up various parts of the right-of-way, including Westside Drive, through survey and replatting. He explained that this is excess right-of-way that Iowa IDOT is interested in disposing of by annexing, rezoning, and selling. Staff reviewed the staff report, reiterating Mr. Schiesl's statement of the purpose for this rezoning and noting that it's being done concurrently with annexation. Staff noted that the CS district designation matches with the adjacent property and described the CS district and its uses. Staff noted that comprehensive plan recommendations support this type of rezoning. Staff stated that development would be regulated by the site plan review process and permitting process. There were no public comments. The Zoning Advisory Commission had no questions or concerns about the rezoning. Recommendation By a vote of 6 to 0, the Zoning Advisory Commission recommends that the City Council approve the request. Service People Integrity Responsibility Innovation Teamwork The Honorable Mayor and City Council Members Page 2 A simple majority vote is needed for the City Council to approve the request. Respectfully submitted, Matt Mulligan, Chairpefso Zoning Advisory Com ' ' sion Attachments cc: Robert Schiesl, Assistant City Engineer Service People Integrity Responsibility Innovation Teamwork Prepared by: Wally Wernimont, City Planner Address: City Hall, 50 W. 13th St Telephone: 563-589-4210 Return to: Adrienne Breitfelder, City Clerk Address: City Hall, 50 W. 1 Th St Telephone: 563-589-4121 ORDINANCE NO. 32-23 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PARCEL OF LAND LOCATED ALONG WESTSIDE DRIVE FROM COUNTY M-2 HEAVY INDUSTRIAL TO CITY CS COMMERCIAL SERVICE AND WHOLESALE CONCURRENTLY WITH ANNEXATION INTO THE CITY OF DUBUQUE 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 County M-2 Heavy Industrial to City CS Commercial Service and Wholesale to wit: ALL OF LOT 2 OF WEBER ACRES IN DUBUQUE COUNTY, IOWA, AS ORIGINALLY PLATTED AND SHOWN ON THE FINAL PLAT OF WEBER ACRES, DUBUQUE COUNTY, IOWA, PER INSTRUMENT NUMBER 11187-00 IN THE DUBUQUE COUNTY RECORDER'S OFFICE, DATED AUGUST 2, 2000, CONTAINING 4.56 ACRES, WHICH INCLUDES 1.34 ACRES OF EXISTING PUBLIC ROAD RIGHT OF WAY. THE INTENT OF THIS DESCRIPTION IS TO INCLUDE ALL OF SAID LOT 2 OF WEBER ACRES AS ORIGINALLY PLATTED, INCLUDING THAT PART OF SAID LOT 2 OF WEBER ACRES INCLUDED IN THE CONDEMNATION DOCUMENT PER INSTRUMENT NUMBER 18684-01 IN THE DUBUQUE COUNTY RECORDER'S OFFICE. Section 2. That the foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This Ordinance shall take effect immediately upon publication as provided by law. Passed, approved, and adopted this 5th day of July 2023. ATTEST: Adrienne N. Breitfelder, City Clerk THE C DUUB-*TE Masterpiece on the Mississippi Zoning Advisory Commission ❑ Amended PUD ❑X Rezoning/PUD/ID ❑ Text Amendment ❑ Simple Subdivision ❑ Preliminary Plat ❑ Major Final Plat ❑ Minor Final Plat ❑ Waiver from Site Design Standards Zoning Board of Adiustment ❑ Conditional Use Permit ❑ Special Exception ❑ Variance ❑ Appeal Development Services ❑ Annexation ❑ Limited Setback Waiver ❑ Site Plan Simple ❑ Site Plan Minor ❑ Site Plan Major ❑ Simple Subdivision ❑ Temporary Use Permit ❑ Port of Dubuque/ Chaplain Schmitt Island Design Review City of Dubuque Planning Services Department Dubuque, IA 52001-4845 Phone: 563-589-4210 Fax: 563-589-4221 plannina@)cityofdubuque.orq Historic Preservation Commission ❑ Demolition Review ❑ Historic Revolving Loan ❑ Certificate of Economic Non -Viability ❑ Design Review Certificate of Appropriateness ❑ Advisory Design Review (Public Projects) ❑ Historic Designation A. Property Information Site Location/Address: Westside Drive, Dubuque, Iowa Legal Description/Parcel ID#/Subdivision: Lot 2 Weber Acres, PIN 200300005029 Existing Zoning: County M2 proposed Zoning: City CS Site Area (square feet/acres): 4.56 acres Historic District: -andmark: ❑ Yes ❑x No B. Describe proposal and reason for application (attach a letter of explanation, if necessary): To rezone the property from County M-2 to City CS concurrent with annexation. C. Applicant/Agent Information Name: City of Dubuque Engineering Department Phone: (563) 589-4270 Address: 50 W 13th St city: Dubuque State: IA Zip: 52001 Email: bschiesl@cityofdubuque.org D. Property Owner(s) Information Name(s): State of Iowa Department of Transportation Phone: (515) 239-1101 Address: 800 Lincoln Way City: Ames State: IA Zip: 50010 Email: Sam Shea sam.shea@iowadot.us E. Certification: I/we, the undersigned, do hereby certify/acknowledge that: 1. Payment does not guarantee approval and fees are nonrefundable; 2. All additional required written and graphic materials are attached; 3. It is the property owner's responsibility to locate property lines and to review the abstract for easements and restrictive covenants; and 4. The information submitted herein is tru correct to th st of my/our knowledge and upon submittal becomes public record. Applicant/Agent: Robert Schlesl Date: 5-31-2023 Property owner(s): Sam Shea, Iowa Dept of Transportation Date: FOR OFFICE Fee $ 0 Ck# ❑CC ❑Cash Received by Date lam RP7!.-3 F67MC - 3 M g3pp 8 AG am JI a� �o „ 20 C-3 en PR mpp R-1 „ CS 0 90© C-3 ZC-3 C-3@M \ Vicinity Map 0.�I Applicant: City of Dubuque Engineering Department Location: Westside Drive — Lot 2 Weber Acres, PIN 1032200008 Description: To rezone property from County M-2 Heavy Industrial to City CS Commercial Service and Wholesale concurrently with annexation into the City of Dubuque. ■... Subject Property City Limits 0 125 250 500 LqN\ Feet / V 1:4, 000 Weber Acres o z _ bto- o RO CT j �r 4HAVEM!Lg . ,. RD Vol sai . � - .,R. .� - � _ — .tit •. - .,i ,� -.! DC)IDGE. Si s �+ i. S'C �� QLOYi1G1IV�A��. r`� i�Es� pDE�� '~." ,FS7�•�E IV�5T5j��pR _ sAk•' ' Y_ kit Oblique view of subject property from south, 2019 imagery Weber Acres Street View of subject property approximately circled in red, May 2023 imagery Weber Acres NO Street View of subject property, approximately behind red line, July 2022 imagery REZONING STAFF REPORT Zoning Agenda: June 7, 2023 Project Name: Weber Acres Property Location: South of Westside Drive — Lot 2 Weber Acres PIN 1032200008 Applicant: City of Dubuque Engineering Department Description: To rezone property from County M-2 Heavy Industrial to City CS Commercial Service and Wholesale concurrently with annexation into the City of Dubuque. Proposed Land Use: Commercial Existing Land Use: Commercial Adjacent Land Use: North — Road right-of-way East — Open space, creek South — Open space, creek West — Commercial Proposed Zoning: CS Commercial Service & Wholesale Existing Zoning: County M-2 Heavy Industrial Adjacent Zoning: North — County M-2 East — C-3 South — County C-1 West — CS, C-3 Flood Plain: Yes, on the south side down a hill. The area is undeveloped. Total Area: 4.56 acres Water: An existing water main extends from Dodge Street along Westside Court to the northern tip of the adjacent property to the west. Sanitary Sewer: An existing sanitary sewer line extends from Dodge Street along Westside Court to the northern tip of the adjacent property to the west. Storm Sewer: Storm sewer cuts through the property to the creek below. Existing Street Access: Indirect access from Westside Court. Future Street Access: Direct access could be extended from Westside Court. Other Services: Police, Fire and Emergency Response is available. Previous Planned District: No. Purpose: The submitted rezoning request is to allow the City to work with the Iowa Department of Transportation (Iowa DOT) to dispose of excess property that was acquired as part of the Southwest Arterial development process. Rezoning Staff Report —Weber Acres Page 2 Physical Characteristics: The subject property is in Dubuque County just outside the city of Dubuque limits and is in the process of being annexed into the city of Dubuque. It is 4.56 acres and includes a parcel owned by the Iowa Department of Transportation (3.22 acres) and a portion of public road right-of-way (1.34 acres). The South Fork of Catfish Creek runs along the south of the subject property. »q a 1 R , 01 lit i G - i All" 4F- t lrmij DOT Parcel Full annexation area Rezoning Staff Report —Weber Acres Page 3 Imagine Dubuque Comprehensive Plan Transportation recommendation: • Understanding the critical importance surrounding communities play in staffing jobs in Dubuque, continue to collaborate with surrounding state Departments of Transportation to promote safe, efficient regional roadway connections through Dubuque. Land Use recommendation: • Be responsive to market demands and the needs of residents by providing key retail and employment centers. Ensure that such development does not impact the quality of life in adjacent residential neighborhoods. Future Land Use Map — The property is identified as Public Road Right -of -Way and Park & Open Space in the Future Land Use Map. The Right -of -Way designation is due to Iowa DOT owning the property and it formerly being reserved for potential highway construction, which is no longer the case. The Open Space designation is shown along the steep slope down to the South Fork of Catfish Creek. Development Requirements: Streets: The subject property does not have direct street access. It could be accessed by crossing the adjacent property to the west, which has frontage on Westside Court. Sidewalks: There are no sidewalks on Westside Drive or Westside Court, so it is unlikely that sidewalks would be required for the subject property. Parking: Off-street parking will be provided as per the City of Dubuque Unified Development Code. Lighting: All lighting will be required to meet the Unified Development Code standards. Signage: Signage requirements would follow the attached CS district regulations. The Zoning Board of Adjustment would review sign variance requests pertaining to size, number, and height. Bulk Regulations: The attached CS district regulations contain 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 to meet the Unified Development Code standards. Rezoning Staff Report —Weber Acres Page 4 Impact of Request on: Utilities: • City water is available on Westside Court and, with additional improvements, could be extended to serve development of the subject parcel. • City sanitary sewer is available on Westside Court and, with additional improvements, could be extended to serve development of the subject parcel. • Storm water would be handled through the storm water management system of drains and pipes, including those which run along Westside Drive, Westside Court, and through this parcel. • Natural gas would be provided by a private utility. Traffic Patterns/Counts: Westside Drive had a daily traffic count of 5,900 vehicles as of 2021. US 20/Dodge Street had a daily traffic count of 25,800 vehicles in 2021. 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 adjacent property to the west is owned by Link Hydraulic, a hydraulic repair service. The property to the south is owned by Mathy Construction Company. The property to the east is also owned by Iowa DOT, but it is within the city of Dubuque. The property to the north is part of the public road right-of-way. CIP Investments: None. Staff Analysis: The Iowa Department of Transportation is working with the City of Dubuque to dispose of excess property that was acquired as part of the Southwest Arterial development process but is no longer needed since construction of the highway has been completed. The rezoning is being requested concurrent with annexation into the city. Once the property is annexed and rezoned, Iowa DOT seeks to sell it, and it is possible that it would be purchased by the adjacent property owner to the west. The proposed zoning of CS Commercial Service and Wholesale is consistent with the existing zoning of the properties on Westside Court and would allow uses that are currently permitted and operating there. The preamble to the CS chapter, describes the zone as such: "The CS district is intended to provide locations for a variety of business services, office uses, limited industrial activity and major wholesale operations. The CS district uses are primarily characterized by large storage space requirements, high volume truck traffic, and low volume customer traffic. It is intended that the CS district is one that provides a transitional zone that can be used between industrial and commercial Rezoning Staff Report — Weber Acres Page 5 uses and in cases where topography establishes a transitional area due to physical limitations between industrial and higher density residential development." The Comprehensive Plan recommends: • Understanding the critical importance surrounding communities play in staffing jobs in Dubuque, continue to collaborate with surrounding state Departments of Transportation to promote safe, efficient regional roadway connections through Dubuque. Be responsive to market demands and the needs of residents by providing key retail and employment centers. Ensure that such development does not impact the quality of life in adjacent residential neighborhoods. Adequate city utilities are available on Westside Court and could be extended to the subject property. The CS regulations contain 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 future 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, 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 that the Zoning Advisory Commission review the information provided and make a recommendation on the proposed rezoning to the City Council in accordance with Chapter 9-5 of the Unified Development Code and the criteria established for granting a zoning reclassification. Y Prepared b : Reviewed: PI —Date: 6/2/23 p 16-5-16: CS COMMERCIAL SERVICE AND WHOLESALE: The CS district is intended to provide locations for a variety of business services, office uses, limited industrial activity and major wholesale operations. The CS district uses are primarily characterized by large storage space requirements, high volume truck traffic and low volume customer traffic. It is intended that the CS district is one that provides a transitional zone that can be used between industrial and commercial uses and in cases where topography establishes a transitional area due to physical limitations between industrial and higher density residential development. (Ord. 52-09, 10-19-2009) 16-5-16-1: PRINCIPAL PERMITTED USES: The following uses are permitted in the CS district: Agricultural supply sales. Animal hospital or clinic. Appliance sales or service. Auto part sales or supply. Business services. Commercial greenhouse. Construction supply sales or service. Contractor shop or yard. Dental or medical lab. Farm implement sales or service. Freight transfer facility. Fuel or ice dealer. Furniture or home furnishing sales. Furniture upholstery or repair. General office. Kennel. Landscaping services (not including retail sales as primary use). Licensed childcare center. Lumberyard or building material sales. Mail order house. Miniwarehousing. Moving or storage facility. Off street parking lot. Office supply. Passenger transfer facility. Pet daycare or grooming. Printing or publishing. Processing or assembly. Railroad or public or quasi -public utility, including substation. Refrigeration equipment sales or service. Registered child development home. Resource recovery/recycling center (indoor only). Upholstery shop. Vehicle body shop. Vehicle sales or rental. Vehicle service or repair. Vending or game machine sales or service. Wholesale sales or distributor. (Ord. 52-09, 10-19-2009; amd. Ord. 54-19, 12-16-2019; Ord. 30-21, 9-20-2021; Ord. 3-22, 1-18-2022) 16-5-16-2: CONDITIONAL USES: The following conditional uses may be permitted in the CS district, subject to the provisions of section 16-8-5 of this title: Licensed adult day services. Wind energy conversion system. (Ord. 52-09, 10-19-2009; amd. Ord. 54-19, 12-16-2019) 16-5-16-3: ACCESSORY USES: The following uses are permitted as accessory uses as provided in section 16-3-7 of this title: Any use customarily incidental and subordinate to the principal use it serves. Wind energy turbine (building mounted). (Ord. 52-09, 10-19-2009) 16-5-16-4: TEMPORARY USES: The following uses shall be permitted as temporary uses in the CS district in conformance with the provisions of section 16-3-19 of this title: Any use listed as a permitted use within the district. (Ord. 52-09, 10-19-2009) 16-5-16-5: PARKING: Minimum parking requirements shall be regulated in conformance with the provisions of chapter 14 of this title. (Ord. 52-09, 10-19-2009) 16-5-16-6: SIGNS: Signs shall be regulated in conformance with the provisions of chapter 15 of this title. (Ord. 52-09, 10-19-2009) 16-5-16-7: BULK REGULATIONS: CS Commercial Service And Wholesale Minimum Lot Area Minimum Lot Frontage Maximum Lot Coverage (Lot Area) Setbacks Maximum Height Front Minimum Side Minimum Real-2 Minimum Maximum Vesicle sales 20.000 sq. ft. 20 ft. 40 f. All othe• uses - 21 it. f. Notes: 1. When abutting a residential or office residential district, a 20 foot side setback is required. 2. When abutting a residential or office residential district, a 20 foot rear setback is required. ---------------- --,-� Lot Area ObD ry Lcat Wed Frontae�eNJ Street (Ord. 52-09, 10-19-2009) �� M�clpant Heicjht Shed I:oof A��dpant Height Gable or Hqp Roof f — Rcck3�ne He ight Mansard or Gambrel Roof tH4.3he5t Level Hcleht F] a . 15-11.11 CS Commercial Service and Wholesale District Identification Signs Business Retail or Office Freestanding Wall (Shopping Center or Freestanding multiple tenant building Wall Directory Wall All Applications Wall Nameplate Directional Signs o Freestanding T All Applications Wall 2 per foot for first 100 lineal feet of frontage, 1 per 100 lineal feet of then 1 per each frontage; 3 signs per additional lineal foot; premises maximum; signs maximum 500 aggregate shall be separated by at sf per premises; no sign least 100 feet shall exceed 200 sf 10 percent of any one building wall, or 400 2 per business per street aggregate sf, whichever frontage is less 300 per sign 1 per street frontage 100 per sign 1 per business per street frontage 10 per sign 1 per building entrance 6 per sign 1 per business per street frontage 6 per sign Not specified 40 feet 0 1 1 No Flashing I None Below eave or parapet 40 feet 0 No Flashing None Below eave or parapet Below eave or 0 No Flashing None parapet Below eave or 0 No Flashing None parapet 10 feet Internal only, 0 No flashing None Below eave or No Flashing parapet Page 92 Chapter 1 - Zoning in depth along such street frontage. (7) No lot or parcel of land shall be used for dwelling purposes except as custodian quarters with a permitted use. (8) Maximum height shall not apply when fire protection is provided by the owner but shall set back from minimum yard requirements at least one foot for each foot of additional building height above the maximum height limit. G. PARKING REQUIREMENTS Use Required Parking Spaces Distributors 1 space for each 150 square feet of floor area Trade and Contractors Office 1 space for each 300 square feet of floor area Warehousing and Wholesaling 1 space for each 3 employees Manufacturing, Fabrication, Processing, Packing, and Assembly of Products 1 space for each 3 employees Utilities 0 Public Transportation 1 space for each 150 square feet of floor area Light Industrial Cleaning, Pressing and Dyeing Establishments, Commercial Bakeries, Commercial Greenhouses, Farm Machinery, Food Locker Plants, Laboratories and Storage & Sale of Machinery and E ui ment 1 space for each 150 square feet of floor area Machine Shops 1 s ace for each 3 employees Manufacture & Bottle of Non -Alcoholic Beverages 1 space for each 3 employees Painting & Printing 1 space for each 3 employees Publishing 1 space for each 3 employees Recycling Inside Only 1 space for each 3 employees (1) No lot or parcel of land shall be used for dwelling purposes except as custodian quarters with a permitted use. 1-15.12 "M-2" HEAVY INDUSTRIAL DISTRICT The M-2 Heavy Industrial District is intended to provide locations for a variety of land uses that by their very nature generate higher levels of smoke, dust, noise, and odors that render them incompatible with virtually all other land uses. Allowed uses will generally require some separation from residential and commercial uses and include any nonresidential purpose whatsoever, except for those uses listed under Special Permit Uses and Structures in that district. Special Permit Uses include hospitals, sanatoriums, and correctional institutions; gas pumping, metering, and Chapter 1 — Zoning Page 93 storage facilities; manufacturing of acid, fertilizer, gas, or glue; dead animal or fat rendering; stock yards or slaughtering of animals; oil refineries; and junk yards or auto salvage. It also includes a single-family residential unit for custodial purposes if occupied by the owner or a family member on 3- acres or more. On -premises and off -premises signs are allowed. A. PERMITTED PRINCIPAL USES AND STRUCTURES Any building or premises may be used for any nonresidential purpose whatever, except uses listed under "special permit uses and structures". (1) Heavy Industrial that would include but not limited to: (a) Hotels & Motels (b) Hospitals, Clubs and Lodges (c) Sanatoriums, Institutions, Rest and Nursing Homes (d) Medical and Mental Clinics (e) Churches, Theatres, Auditoriums, Community Centers, Vocational and Night Schools & Other Places of Public Assembly (f) Colleges, Secondary & Elementary Schools (g) Restaurants, Bars, Places of Entertainment, Repair Shops, Retail & Service Stores (h) Manufacturing & Processing Plants, Laboratories and Warehouses (i) Financial Institutions, Businesses, Governmental & Professional Offices (j) Funeral Homes (k) Bowling Alley (1) Custom Cabinet, Furniture and Wood Working Shops B. PERMITTED ACCESSORY USES AND STRUCTURES (1) Accessory buildings (2) Fences C. SPECIAL PERMIT USES AND STRUCTURES The Board of Adjustment may, by special permit, authorize the following special permit uses and structures in the "M-2" District, when authorized in accordance with the requirements of Section 1-103. A fee may be required as provided in Section 1-95. (1) Sanitary Land Fills (2) Amusement Parks (3) Cemeteries, Mausoleums and Crematories (4) Fair Grounds (5) Electric Power Substations (6) Airports Page 94 Chapter I - Zoning (7) Correctional Institutions (8) Gas Pumping, Metering or Storage Facilities (9) Acid Manufacturing (10) Dead Animals, Reduction of (11) Distillation of Bone (12) Fat Rendering (13) Fertilizer, Manufacturing of (14)Gas, Manufacture of (15)Glue, Manufacture of (16) Junkyards and Auto Salvage (see "special requirements") (17) Oil Refinery (18) Stock Yards or Slaughtering of Animals (19) Tanneries (20) Sewage Treatment Facilities and Lagoons (21)A Single -Family Residence for Custodial Purposes may be allowed as a special permitted use when the dwelling is occupied by the owner of the property or a family member and when the area of the lot is three acres or more. Any residential unit so placed shall be required to meet the setback requirements of the adjacent residential or commercial district, if any, or the manufacturing district where located, whichever is more restrictive. Such residential unit shall not be separated nor subdivided from the remainder of the property unless such separation or subdivision shall be for the purpose of creating a lot for additional manufacturing use in conformance with the provisions and standards established by this Ordinance and only if the occupancy of the dwelling shall be continued by the owner of the property upon which said dwelling is located. Such property shall not subsequently be eligible for rezoning to a nonmanufacturing use unless such rezoning shall bring it into conformity with at least 75% of the surrounding properties. (22) Water Storage Facility and related equipment, tanks, and towers, which are part of a public or private water supply system approved under applicable state and local laws and regulations. (23) Telecommunications Towers that satisfy the requirements of Part 8 of this Ordinance. (24) Wind Energy Conversion Systems and Wind Towers (25) Any use that creates ongoing nuisances such as excessive dust, offensive noise, potential harmful emissions, or other health and/or safety concerns. TABLE ON NEXT PAGE Chapter 1 — Zoning D. APPLICABLE STANDARDS Page 95 Minimum Minimum Minimum Minimum Minimum Maximum M-2 Lot Area Lot Street Yard Side yard Rear Yard Height e FrontagNone None 30 ft. a 20 ft. a 20 ft. a 50 ft. b c (1) (2) (3) In any instances where an "M-2" Districts abuts and adjoins a residential district, only buildings in the "M-2" District shall be set back fifty (50) feet from the district line. Maximum height shall not apply when fire protection is provided by the owner but shall set back from minimum yard requirements at least one (1) foot for each foot of additional building height above the maximum height limit. 4 stores or 50' :7 THeig Hiyhest f•lidpoint Level t Height He! ht Heiy t E. PERMITTED SIGNS (1) No sign shall hereafter be located, erected, moved, reconstructed, enlarged, converted, or structurally altered without a zoning permit and without being in conformity with the provisions of this Ordinance. (2) The following controls apply to off -premises signs: (a) PERMIT: A permit must be obtained from the County Zoning Administrator prior to erecting a sign. (b) ZONING RESTRICTIONS: New signs may be erected only in areas zoned "13-1", 4613-2999 "M-1" or "M-2". Page 96 Chapter 1 - Zoning (c) SIZE: The display area of a single face is limited to a maximum of twelve hundred (1,200) square feet. A maximum of two (2) faces may be oriented in the same direction. The two (2) faces must be on a common structure, and the maximum combined display area of the two (2) faces is seven hundred fifty (750) square feet. (d) LIGHTS: In general, flashing, intermittent or moving lights are prohibited. (e) SPACING: A new sign must be a minimum of three hundred (300) feet from any other off -premises sign facing the same direction. (f) PLACEMENT: At the intersection of a primary highway and a city street, county road or other primary highway, off - premises signs are prohibited in an area at the corner of private property to maintain adequate sight distance for motorist safety. (3) The fee for a sign permit shall be determined by the fee schedule in Section 1-95. The sign permit will expire five (5) years after the date of issue, at which time a new sign permit may be issued provided all provisions of this Ordinance are met. If a new permit is not issued, the sign must be removed within three (3) months after the expiration date. (4) Signs excepted from zoning permit. (a) Signs over show windows or doors of a nonconforming business establishment announcing without display or elaboration only the name and occupation of the proprietor and not to exceed two (2) feet in height and ten (10) feet in length. (b) Real Estate Signs not to exceed eight (8) square feet in area which advertise the sale, rental, or lease of the premises upon which said signs are temporarily located. (c) Name, Occupation, Warning, No Hunting and No Trespassing Signs not to exceed two (2) square feet located on the premises. (d) Bulletin Boards for public, charitable or religious institutions not to exceed thirty-two (32) square feet in area located on the premises. (e) Memorial Signs, tablets, names of buildings and date of erection when cut into masonry surface or when constructed of metal and affixed flat against a structure. (f) Official Signs, such as traffic control, parking restrictions, information, and notices. (g) Temporary Signs or banners when authorized by the Board of Adjustment. (5) Signs needing a zoning permit. Chapter 1 — Zoning (6) (7) (8) Page 97 (a) Wall Signs placed against the exterior walls of buildings shall not extend more than fifteen (15) inches outside of a building's wall surface but shall not extend into a yard. Wall signs attached to, and advertising copy painted on an exterior wall shall not exceed eight hundred (800) square feet in area or more than twenty-five (25) percent of the total exterior wall space per building, whichever is larger. (b) Projecting Signs fastened to, suspended from, or supported by structures, shall not extend more than six (6) feet into any required yard; shall not extend into any public right-of-way; shall not be less than ten (10) feet from all side lot lines; shall not exceed the height of the building to which it is attached and shall not be less than fifteen (15) feet above a driveway. (c) Ground Signs shall meet all yard requirements for the district in which it is located. (d) Roof Signs shall not exceed ten (10) feet in height; shall meet all the yard requirements for the district on which it is located; shall not exceed four hundred (400) square feet on all sides for any one premises; shall be required to maintain a three (3) feet setback from the edge of the building or a six (6) feet clearance from the roof to the bottom of the sign. (e) Combinations of any of the above signs shall meet all the requirements for the individual sign. Such signs shall be permitted only providing they are not erected or placed within three hundred (300) feet of a railroad intersecting a street, road or highway; or within three hundred (300) feet of any existing residence or residence district; nor nearer an existing sign than a distance in lineal feet equal to the sum of the square feet area of both the existing and the proposed sign; provided that no sign, regardless of size, shall be closer to another sign than three hundred (300) feet on any one side of the street, road or highway; nor shall any sign, at any point, obstruct proper and necessary sight distance from any street, road or highway. No sign except those excepted from Zoning permits shall be permitted to face a residential district within one hundred (100) feet of such district boundary. Signs shall not resemble, imitate, or approximate the shape, size, form or color of railroad or traffic signs, signals, or devices. Signs shall not obstruct or interfere with the effectiveness of railroad or traffic signs, signals, or devices. No sign shall be erected, relocated, or maintained so as to prevent free ingress to or egress from any door, window, or fire escape; and no sign shall be attached to a standpipe or fire escape. No sign shall be placed so as to obstruct or interfere with traffic visibility. Page 98 Chapter 1 - Zoning (9) Signs lawfully existing at the time of the adoption or amendment of this Ordinance may be continued although the use, size or location does not conform with the provisions of this Ordinance. However, it shall be deemed a nonconforming use or structure. No sign permit shall be required for lawfully existing signs until two (2) years after the date of this Ordinance is adopted, at which time all signs, except those excepted must have a sign permit. F. SPECIAL REQUIREMENTS (1) Security Fences are permitted in the required yards but shall not exceed ten (10) feet in height. (2) Storage Garages and automobile service stations. (a) No repair work shall be performed out-of-doors. Pumps, lubricating or other devices shall be located at least twenty (20) feet from any lot line, street line or highway right-of- way. (b) All fuel, oil or similar substances shall be stored at least thirty-five (35) feet distant from any street or lot line. (c) All automobile parts, dismantled vehicles and similar articles shall be stored within a building. (d) No automobile service station shall be erected within any district where such use would be permitted, unless the entrance or exit driveways for vehicles are at least two hundred (200) feet or more from any previously existing assembly hall, theatre, public library, church, school, public playground, public park, or hospital. (3) Parking provisions related to number of employees shall be computed on the basis of the number of employees on the maximum work shift. (4) Any residence existing prior to the adoption of this Ordinance shall be considered to be a nonconforming use in any industrial district. (5) No lot or parcel of land shall be used for dwelling purposes except as custodian quarters with a permitted use. (6) Maximum height shall not apply when fire protection is provided by the owner but shall set back from minimum yard requirements at least one foot for each foot of additional building height above the maximum height limit. (7) In any instances where an "M-2" District abuts and adjoins a residential district, only buildings in the "M-2" District shall be set back fifty (50) feet from the district line. (8) Junk yards or vehicular wrecking yards, scrap iron, scrap paper or rag storage, sorting, or baling shall be conducted within a building or where entirely enclosed within the screened confines of a painted fence, masonry wall or suitable substitute not less than eight (8) feet in height, and where there is no open storage at a greater height than Chapter I — Zoning Page 99 that of the screening fence or masonry wall. (9) Nonconforming junk yards located in any district shall maintain the respective yard requirements applicable for the district wherein the same may be located and the screening fence shall not be located within said required yards. (10) All junk yards will comply with the above requirements no later than twelve (12) months from the adoption of this ordinance. G. PARKING REQUIREMENTS Use Required Parking Spaces Heavy Industrial Hotels and Motels 1 space for each guest room and I space for each 3 employees Hospitals, Clubs and Lodges 1 space for each 2 beds Sanatoriums, Institutions, Rest and Nursing Homes I space for each 5 beds 1 space for each 3 employees Medical and Mental Clinics 3 spaces for each doctor Churches, Theatres, Auditoriums, Community Centers, Vocational and Night Schools and Other Places of Public Assembly I space for each 5 seats Colleges, Secondary and Elementary Schools I space for each 2 employees Restaurants, Bars, Places of Entertainment, Repair Shops, Retail and Service Stores I space for each 150 square feet of floor area Manufacturing and Processing Plants, Laboratories and Warehouses 1 space for each 3 employees Financial Institutions, Businesses, Governmental and Professional Offices 1 space for each 3 employees Funeral Homes 1 space 50 square feet devoted to Parlors Bowling Alleys 5 spaces for each alley Note: Combinations of any of the above uses shall provide the total of the number of stalls required for each individual use. 1-15.43 "PC" PLANNED COMPLEX DISTRICT The PC Planned Complex District is intended to encourage flexible and innovative design in the development of appropriate 10-acre or larger sites as one integrated project. It would allow residential, commercial, and industrial developments or combinations of those uses that are complementary and integrated, all in the same area. This district requires a site plan drawn to scale showing the location of all streets, lots, buildings with exterior dimensions and designated parking areas, sewer and water facilities and uses labeled. A written statement must accompany the site plan explaining how the development meets the purpose and intent of the STATE OF IOWA SS: DUBUQUE COUNTY CERTIFICATE OF PUBLICATION I, Kathy Goetzinger, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: 06/17/2023 and for which the charge is 34.78 Subscribed to before e, a Notary Public in la for Dubuque County, Iowa, this 19th day of June, 2023 (:�� �/' Q61,014 - Notary P 1 in and for Dubuque[County, Iowa. grPJAE e� JANET K. PAPE * : Commission Number 199859 My Commission Expires rows 12111/2025 Ad text : CITY OF DUBUQUE, IOWA OFFICIAL NOTICE PUBLIC NOTICE is hereby given that the following public hearing, originally scheduled for the 20th day of June 2023, at 6:30 p.m., in the Historic Federal Building, 350 W. 6th Street, 2nd floor, Dubuque, Iowa, will occur on July 5th, 2023, at 6:30 p,m., in the Historic Federal Building, 350 W. 6th Street, 2nd floor, Dubuque, Iowa; REZONING 1. "Request from City of Dubuque Engineering Department to rezone property located at Westside Drive Lot 2 Weber Acres, PIN 1032200008 from County M-2 Heavy Industrial to City CS Commercial Service and Wholesale concurrently with annexation into the City of Dubuque. At the meeting, the City Council will receive oral and written comments from any resident or property owner of said City to the above action. The official agenda will be posted the Friday before the meeting and will contain public input options. The City Council agenda can be accessed at https://cityofdubuque.novusagenda.com/AgendaPublic/ or by contacting the City Clerk's Office at 563-589-4100, ctyclerk ©cityofdubuque, org, Written comments regarding the above public hearings may be submitted to the City Clerk's Office via email at ctyclerk@cityofdubiique.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, ctyclerkQcityofdubuque.org as soon as feasible. Deaf or hard -of -hearing individuals can use Relay Iowa by dialing 711 or (900) 735-2942. Adrienne N. Breitfelder, CMC, City Clerk It 6/ 17 STATE OF IOWA SS: DUBUQUE COUNTY CERTIFICATE OF PUBLICATION I, Kathy Goetzinger, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: 07/11/2023 and for which the charge is 31.46 cCi.:((e/ Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this llth day of July, 2023 Notary Publ in and for Dubuque C unty, Iowa. ��a'"t a JANET K. PAPE i ; Commission Number 199659 • My Commission Expires /ow, 12/11/2025 Ad text : CITY OF DUBUQUE OFFICIAL PUBLICATION ORDINANCE NO. 32-23 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PARCEL OF LAND LOCATED ALONG WESTSIDE DRIVE FROM COUNTY M-2 HEAVY INDUSTRIAL TO CITY CS COMMERCIAL SERVICE AND WHOLESALE CONCURRENTLY WITH ANNEXATION INTO THE CITY OF DUBUQUE 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 County M-2 Heavy Industrial to City CS Commercial Service and Wholesale to wit: ALL OF LOT 2 OF WEBER ACRES IN DUBUQUE COUNTY, IOWA, AS ORIGINALLY PLATTED AND SHOWN ON THE FINAL PLAT OF WEBER ACRES, DUBUQUE COUNTY, IOWA, PER INSTRUMENT NUMBER 11187-00 IN THE DUBUQUE COUNTY RECORDERS OFFICE, DATED AUGUST 2, 2000, CONTAINING 4.56 ACRES, WHICH INCLUDES 1.34 ACRES OF EXISTING PUBLIC ROAD RIGHT OF WAY. THE INTENT OF THIS DESCRIPTION IS TO INCLUDE ALL OF SAID LOT 2 OF WEBER ACRES AS ORIGINALLY PLATTED, INCLUDING THAT PART OF SAID LOT 2 OF WEBER ACRES INCLUDED IN THE CONDEMNATION DOCUMENT PER INSTRUMENT NUMBER 18684-01 IN THE DUBUQUE COUNTY RECORDERS OFFICE. Section 2. That the foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. This Ordinance shall take effect immediately upon publication as provided by law. Passed, approved, and adopted this 5th day of July 2023. /s/Brad M. Cavanagh, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the llth day of July, 2023. /s/Adrienne N. Breitfelder, CMC, City Clerk It7/11