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Request to Amend PUD Zone C at 7495 Chavenelle Road of the Dubuque Industrial Center West Planned Unit Development Copyrighted September 18, 2023 City of Dubuque Public Hearings # 07. City Council Meeting ITEM TITLE: Request to Amend PUD Zone C at 7495 Chavenelle Road of the Dubuque I ndustrial Center West Planned Unit Development SUM MARY: Proof of Publication on notice of public hearing to consider Request to amend PUD Zone C at 7495 Chavenelle Road of the Dubuque Industrial Center West Planned Unit Development to allow animal hospital or clinic, kennel, and pet daycare or grooming as permitted uses and The Zoning Advisory Commission recommending approval. ORDINANCE Amending Title 16, Unified Development Code of The City of Dubuque Code of Ordinances, by Rescinding Ordinance No. 6-23 Which Established Regulations for a PUD Planned Unit Development District with A PI Planned Industrial Designation and Adopting an Amended PUD Ordinance to Allow an Animal Hospital or Clinic, Kennel, And Pet Daycare or Grooming as Permitted Uses in Zone C of the Dubuque Industrial Center West Planned Unit Development District SUGGESTED Suggested Disposition: Receive and File; Motion B; MotionA DISPOSITION: ATTACHMENTS: Description Type ZAC Letter to CC Staff Memo ZAC Staff Report Staff Memo Ordinance Ordinance Application Supporting Documentation Vicinity Map Supporting Documentation Planning Services Department Du6uque City Hall THE CITY OF � 50 West 13t"Street ��'�� DUB E �n,�.r,, ,� Dubuque,IA 52001-4864 1 I I I (563)589-4210 phone I � (563)589-4221 fax 563 690-6678 TDD za�7*zoiz�zol3 � � Masterpiece an tke Mississippi �al�*�oi� planning@cityof dubuque.org September 12, 2023 The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 13t" Street Dubuque IA 52001 Applicant: Katie Merkes Location: 7495 Chavenelle Road Description: To amend Zone C of the Dubuque Industrial Center West Planned Unit Development to allow animal hospital or clinic, kennel, and pet daycare or grooming as permitted uses. 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 Dr. Katie Merkes, 13167 Somerset Hills Drive, spoke in favor of the request, noting that she is a holistic veterinarian hoping to provide expanded services to help meet the growing demand for pet care in the community and would like to do so at the subject property. Staff detailed the staff report noting the property is in Zone C of the Dubuque Industrial Center West PUD, and the proposed additional uses would only apply to that area of the PUD. Staff expressed that this use in not anticipated to increase traffic more than the current uses allowed in zone. There were no public comments. The Zoning Advisory Commission discussed the request noting the request would be a great addition to the industrial district, that noise is often the biggest factor and it's a perfect location next to industrial properties. They also pointed out that the Humane Society is nearby. Ultimately the Commission found the request appropriate. Recommendation By a vote of 5 to 0, the Zoning Advisory Commission recommends that the City Council approve the request. A simple majority vote is needed for the City Council to approve the request. Service People lntegrity Responsibility lnnovation Teamwork The Honorable Mayor and City Council Members Page 2 Respectfully submitted, � � � �_��. Matt Mulligan, Chairpe�`so Zoning Advisory Com ' ' sion Attachments Service People lntegrity Responsibility lnnovation Teamwark Du 6u q u e Planning Services Department THE CITY OF � City Hall-50 West 13�h Street All•AIpBPIGaCIIy Dubuque,IA 52001-4845 U� � ' �""�""� ' (563)589-4210 phone � � � (563)589-4221 fax (563)690-6678 TDD 2007•2D 12+2013 planningQcityofdubuque�org Masterpiece on the Mississippi 2oi�*zoi9 August 30, 2023 TO: Zoning Advisory Commission FROM: Travis Schrobilgen, Assistant Planner SUBJECT: To amend Zone C of the Dubuque Industrial Center West Planned Unit Development to allow animal hospital or clinic, kennel, and pet daycare or grooming as permitted uses. INTRODUCTION The applicant, Katie Merkes, is requesting to amend the existing Dubuque Industrial Center West (DICW) Planned Unit Development (PUD) to allow animal hospital or clinic, kennel, and pet daycare or grooming as permitted uses within Zone C of the PUD. The proposed amendment would allow Dr. Merkes to utilize the property at 7495 Chavenelle Road as an animal hospital, kennel, and pet daycare facility. BACKGROUND The DICW PUD is located west of Radford Road and extends to the west side of Seippel Road along Chavenelle Road. The PUD area includes Innovation Drive and Synergy Drive along the north of Chavenelle Road and Chavenelle Court along the south. The PUD for DICW was originally established in 1998 with a PI Planned Industrial designation and established multiple land use zones throughout the PUD area. Various amendments have been approved to the PUD since its origination. The applicant is now requesting to amend the current Ordinance No. 6-23, to modify the uses permitted within Zone C of the PUD. PUD area and Zone C identified in the image on the following page. Memo to Zoning Advisory Commission Page 2 - ,h - � �^ `�',`�-'y, �\ � _ ;��, �L B��UF e� � � � ' II II , � . s I F I� I' � -_-��"��_�=-�� i � �� ti i: ��, '+i p� Z�im PennsylvaniaAvenue�^�.� ? I � ��A z=_I 1D1]LE �- - - —--— ----� - ,I .._ � I �� L � y I � � l �---- i I i �j � �� I I �� O_5 ' �f+ � —— {I A� � � r4 wEsr [.� .-.. �i � __ . . , IyI a, , � .'f: _�y�� —4 .I . �G+� -�'�. �I O .. CI i 5,�� G '. I �—`� . ,�� / '� �_' '� -- � � �a �� I7 � aL � � r� A� ' -- � 1� :, �� 4 �'�'t �� -_ -- -,i�,,, 1 �� l � � �" �L_] ;� � v�''�' ��=�� j � f`.: � � -�- �; ._ti - i� . �- , �. _ � ,,,, r��;' __ _---__.__ �.� ..-�� r �� -Chavenelle.Road"�� - i^` ------ �Proposed Veterinary �� `� -- f� ' � � �Clinic/Doggy�aycare � � } l i ^�� - • I .C� ��.._ � % � a � � �1 � � f , ,- �. '� �i , ,.�— ' i.�_— , � � �-_ ..30,�.. I �'�� -- -- ^—� -L . `�y� �� 1 f ��. .. . ,.. � .,.. - �i�4,� I � �� ti.i � ouewiuE iwousraiu -'� �/'f ��: , I t� LENTER WEST ' / � l I '' ��. � :�� j-T '�•.•."-' I ' ' � W: ' .. �+' L J�y ' Zone C � �F�l J �7 I � � 1 �...,''�'�� I � I �.' � .l _OL� • AY fj� ±!�::�'� w�. `=t[,• . � F. � �� - - � � DISCUSSION Dr. Merkes is seeking to establish a veterinary clinic, kennel, and pet daycare at 7495 Chavenelle Road which is currently improved with an approximately 20,000 sq. ft. one- story building that was previously used by Hodge Company. The DICW PUD identifies the subject property at 7495 Chavenelle as being located within the Zone C land use area. The proposed text amendment would modify the list of permitted uses to include animal hospital or clinic, kennel, and pet daycare or grooming. The proposed amendment would modify the permitted uses for Zone C only. Zone C consists of seven properties, most of which abut Synergy Court (1300, 1340, two vacant, and one floodplain parcel) and the other two are the subject property at 7495 and the Hodge Company building at 7465 Chavenelle Road. All other regulations such as setbacks, building height, lot sizes, parking requirements, signage, and landscape requirements would remain unchanged. If the PUD amendment is approved, and in the instance the property owner wished to make modifications to the site, site plan review and approval would be required through Memo to Zoning Advisory Commission Page 2 the City's Development Review Team (DRT). The DRT is comprised of multiple City departments including Engineering, Planning, Water Distribution, Fire, Police, Housing & Community Development, and Leisure Services. Site plans are reviewed by all relevant departments regarding street improvements, site access, parking, grading, screening, paving, park land, stormwater management, water connection, sanitary sewer connection, fire safety, and more. The subject property is located along Chavenelle Road which is classified as a local roadway and has an annual average daily traffic of 3,200 vehicles. The roadway has been designed to accommodate high levels of vehicle, semi, and truck traffic that serve the various types of uses existing throughout the DICW. The proposed text amendment would allow the subject site to be utilized for a larger variety of uses. While the proposed use(s) would generate traffic to the site, it is not expected to substantially increase compared to other uses already permitted, which include corporate offices, manufacturing, medical/dental lab, moving and storage facilities, food processing facilities and more. Therefore, it is not anticipated that the proposed text amendment would result in negative traffic impacts to the surrounding area. The proposed amendment is not expected to have a substantial impact on development within the area because it would be subject to the same development regulations as other existing development in the PUD area. Furthermore, a site plan review will be required for any future development on the subject parcel, which will take into consideration development regulations such as lot coverage, landscaping, parking, signage, and stormwater. RECOMMENDATION City staff recommends that the Zoning Advisory Commission review the enclosed materials and make a recommendation to the City Council regarding the proposal to amend Zone C of the Dubuque Industrial Center West Planned Unit Development to allow animal hospital or clinic, kennel, and pet daycare or grooming as permitted uses. Attachments 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. 43 23 AMENDING TITLE 16, UNIFIED DEVELOPMENT CODE OF THE CITY OF DUBUQUE CODE OF ORDINANCES, BY RESCINDING ORDINANCE NO. 6-23 WHICH ESTABLISHED REGULATIONS FOR A PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PI PLANNED INDUSTRIAL DESIGNATION AND ADOPTING AN AMENDED PUD ORDINANCE TO ALLOW AN ANIMAL HOSPITAL OR CLINIC, KENNEL, AND PET DAYCARE OR GROOMING AS PERMITTED USES IN ZONE C OF THE DUBUQUE INDUSTRIAL CENTER WEST PLANNED UNIT DEVELOPMENT DISTRICT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the Dubuque Code of Ordinances, Unified Development Code, is hereby amended by rescinding Ordinance No. 6-23 and allowing animal hospital or clinic, kennel, and pet daycare or grooming as permitted uses in Zone C of the Dubuque Industrial Center West Planned Unit Development district with a PI Planned Industrial Designation for the property legally described, to wit: Lot 2 of McFadden Farm Place No. 2, Part of Lot 1-2 McFadden Farm Place No. 4, Balance of Lot 1-2 McFadden Farm Place No. 4, Lot 1 of McFadden Farm Place No. 5, Part Lot 1A McFadden Farm Place No. 6, Balance of Lot 1A McFadden Farm Place No. 6, Balance of Lot 1 McFadden Farm Place No 6 excluding Lot 1A, Lot 4 Dubuque Industrial Center West, Lots 1-1, 2, 2-1, 3, 4, 5, 6, 7, 8 and C of Dubuque Industrial Center West 2nd Addition, Ordinance No. - 23 Page 2 2-1, 3, 4, 5, 6, 7, 8 and C of Dubuque Industrial Center West 2nd Addition, Lots 1, 1-4, 2 2-4, 3, B and C of Dubuque Industrial Center West 4th Addition, Lots 1-1, 1-2, 1-3, 1-5, 2-3, A, C and D of Dubuque Industrial Center West 5t" Addition, Lots 1 and A of Dubuque Industrial Center West 6t" Addition, Lots 1, 1-2 and 2-2 of Dubuque Industrial Center West 7t" Addition, Lots 1, 2 and B of Dubuque Industrial Center West 8th Addition, Lot 2 of Dubuque Industrial Center West 9t" Addition, Lot 1 of Dubuque Industrial Center West Exc 7425 Condominiums, Lots 1-5, 3, 6 and H of Dubuque Industrial Center West Final Plat, Lots 1, 1-C and 2 of Dubuque Industrial Center North 1 St Addition, Balance of Lot 2-C of Dubuque Industrial Center North 1 St Addition, Balance of Lot 3 Dubuque Industrial Center North 1 St Addition excluding Lot A, Part of Lot 3 Dubuque Industrial Center North 1St Addition excluding Lot A, Part of Lot 2-C of Dubuque Industrial Center North 1 St Addition, Unit 1 and Unit 2 of 7425 Condominiums located on Lot 1 Dubuque Industrial Center West, Lot 1 Dubuque Industrial Center North 2nd Addition Located in DUB T6, Part of Lot A Dubuque Industrial Center North 1 St Addition in Tax District DUB A, Part of Lot A Dubuque Industrial Center North 1 St Addition in Tax District DUB T6, Part of Lot 1 Unison Addition, Lots 1 and 2A Dubuque Industrial Center North 3rd Addition, Lot 2-1 SW SW & 2-1 SE SW both in Section 30 T89N R2E, Lot 2 SE SW Section 30 T89N R2E, Lot 1-1 NW '/4 NW '/4 Section 29 T89N R2E, SE '/4 NW '/4 Section 29 T89N R2E, SW '/4 NW '/4 Section 29 T89N R2E, Lot 2 SW SE and Lot 2 SE SE Section 30 T89N R2E, and to the centerline of the adjoining public right of-way, all in the City of Dubuque, lowa Section 2. Attached hereto and made a part of this zoning reclassification approval is an amended Conceptual Development Plan for the Dubuque Industrial Center West Planned Unit Development. 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 requirements shall be used as the implementation guide. Section 3. Pursuant to lowa Code Section 414.5 (2015), as amended, and as an express condition of the reclassification, the undersigned property owner(s) agree(s) to the following conditions, all of which the property owner(s) further agree(s) are reasonable and imposed to satisfy the public needs that are caused directly by the zoning reclassification: A) Definitions 1) Building Related Features Building related features are defined as all constructed items which rise above the grade surface of the lot. These include: a) The primary building Ordinance No. - 23 Page 3 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 of 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) Landscaped space containing lawn areas and plantings. b) Paved, hard-surfaced, pedestrian areas such as walkways, plazas, entryways and courtyards. c) Surface storm water detention areas not otherwise used for building-related or vehicle-related purposes. d) Open recreation areas and recreational trail. e) Other non-building and non-vehicular related space. B) Use Requlations. The following regulations shall apply to all uses made of land in the above described PUD District: Zone A: General Purpose and Description. Zone A is intended to provide for a limited amount of commercial development that will serve industrial park employees with daily commercial and service needs. The development of Zone A shall resemble a small shopping center with shared access, parking and signage to promote a unified commercial appearance. Exterior storage is prohibited. Ordinance No. - 23 Page 4 1) Principal permitted uses shall be limited to: a) Public or quasi-public utilities including substations . b) Business services c) Gas station/convenience/car wash d) Laundry/dry cleaner e Indoor restaurant f) Drive-in/carry-out restaurant g) Drive-up automated bank teller h) Banks, savings and loans, and credit unions i) Group day care center 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 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 Section 3-19 Temporary Uses of the Unified Development Code. Zone B: General Purpose and Description. Zone B is intended to provide for a variety of uses primarily involving light manufacturing, assembly and fabrication, warehousing, wholesaling, office uses and business services. Exterior storage is prohibited. 1) Principal permitted uses shall be limited to: a) Railroads and public or quasi-public utilities b) General offices c) Medical/dentallab d) Mail-order houses e) Printing and publishing f) Laboratories for research and engineering g) Wholesale sales/distributor h) Vending/game machine sales/service i) Cold storage/locker plants j) Packing and processing of ineat, dairy or food products, not to include stockyards or slaughter houses k) Tool, die, and patter making I) Manufacture, assembly, repair or storage of electrical and electronic products, components or equipment Ordinance No. - 23 Page 5 m) Warehousing and storage facilities, not to include mini-warehouses n) Manufacturing, processing, fabrication, assembling, packaging or other comparable treatment of goods or materials, entirely within enclosed buildings o) Childcare centers p) Early learning centers q) Data centers r) Emergency call centers 2) 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. 3) 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 Section 3-19 Temporary Uses of the Unified Development Code. Zone C: Genera/ Purpose and Description. Zone C is intended to provide for a variety of uses primarily involving light manufacturing, assembly and fabrication, warehousing, wholesaling, and office uses. Exterior storage is allowed with some restrictions, and must be screened from view from both the public right-of-way and surrounding privately owned property. 1) Principal permitted uses shall be limited to: a) Railroads and public or quasi-public utilities b) Corporate offices c) Medical/dentallab. d) Mail-order houses- e) Printing and publishing f) Laboratories for research and engineering g) Moving/storage facilities h) Wholesale sales/distributor i) Freight transfer facilities j) Vending/game machine sales/service k) Cold storage/locker plants I) Packing and processing of ineat, dairy or food products, not to include stockyards or slaughter houses m) Tool, die, and pattern making Ordinance No. - 23 Page 6 n) Manufacture, assembly, repair or storage of electrical and electronic products, components or equipment o) Warehousing and storage facilities, not to include mini-warehouses p) Manufacturing, processing, fabrication, assembling, packaging or other comparable treatment of goods or materials, entirely within enclosed buildings q) Animal hospital or clinic r) Kennel s) Pet daycare or grooming 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 and local regulations. 1) Indoor floor area (excluding halls and bathrooms) must be provided per child in areas occupied by cribs as per State Code; 2) Indoor floor area (excluding halls and bathrooms) must be provided per child in areas not occupied by cribs times the licensed capacity as per State Code; 3) Fenced outdoor recreation space, must be provided per child using the space at a given time as per State Code; 4) Such facility shall provide for the loading and unloading of children so as not to obstruct public streets or create traffic or safety hazards; 5) All licenses have been issued or have been applied for awaiting the outcome of the Board's decision; 6) No group day care center may be located within the same structure as any gas station, bar/tavern, automated gas station or any facility selling, servicing, repairing or renting vehicles; 7) The parking group requirements can be met 8) The conditional use applicant certifies that the premises on which the group day care center will be located complies with, and will for so long as the group day care center is so located, continue to comply with all local, state and federal regulations governing hazardous substances, hazardous wastes, and hazardous materials, including, but not limited to lowa Code chapter 455B (1991); 42 U.S.C. Section 9601 of the Federal Ordinance No. - 23 Page 7 Comprehensive Environmental Response Compensation and Liability Act; 40 C.F.R. Section 3-2.4; and Section 302 of the Superfund Amendments and Reauthorization Act of 1986; and 9) If the applicant is subject to the requirements of Section 302 of the Superfund Amendments and Reauthorization Act of 1986, the Emergency Management Director shall certify whether or not the applicant has submitted a current inventory of extremely hazardous substances kept or stored on the premises. If any such extremely hazardous substances are kept or stored on the premises, the applicant shall also post in a conspicuous place on the premises a notice indicating a description of the extremely hazardous substances, and the physical and health hazards presented by such substances. 3) Accessory uses shall be limited to 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 Section 3-19 Temporary Uses of the Unified Development Code. Zone D: General Purpose and Description. Zone D is intended to provide appropriate locations 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) Railroads 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 Ordinance No. - 23 Page 8 i) Fuel and ice dealers j) Cold storage/locker plants k) Packing and processing of ineat, dairy or food products, not to include stockyards or slaughter houses I) Compounding, processing and packaging of chemical products m) Manufacture, assembly, repair or storage of electrical and electronic products, components or equipment). n) Warehousing and storage facilities, not to include miniwarehouses 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 and local regulations. 1) Indoor floor area (excluding halls and bathrooms) must be provided per child in areas occupied by cribs as per State Code; 2) Indoor floor area (excluding halls and bathrooms) must be provided per child in areas not occupied by cribs times the licensed capacity as per State Code; 3) Fenced outdoor recreation space must be provided per child using the space at a given time as per State Code; 4) Such facility shall provide for the loading and unloading of children so as not to obstruct public streets or create traffic or safety hazards; 5) All licenses have been issued or have been applied for awaiting the outcome of the Board's decision; 6) No group day care center may be located within the same structure as any gas station, bar/tavern, automated gas station or any facility selling, servicing, repairing or renting vehicles; 7) The parking group requirements can be met 8) The conditional use applicant certifies that the premises on which the group day care center will be located complies with, and will for so long as the group day care center is so located, continue to comply with all local, state and federal Ordinance No. - 23 Page 9 regulations governing hazardous substances, hazardous wastes, and hazardous materials, including, but not limited to lowa Code chapter 455B (1 991); 42 U.S.C. Section 9601 of the Federal Comprehensive Environmental Response Compensation and LiabilityAct; 40 C.F.R. Section 3-2.4; and Section 302 of the SuperFund Amendments and Reauthorization Act of 1986; and 9) If the applicant is subject to the requirements of Section 302 of the Superfund Amendments and Reauthorization Act of 1986, the Emergency Management Director shall certify whether or not the applicant has submitted a current inventory of extremely hazardous substances kept or stored on the premises. If any such extremely hazardous substances are kept or stored on the premises, the applicant shall also post in a conspicuous place on the premises a notice indicating a description of the extremely hazardous substances, and the physical and health hazards presented by such substances. 3) Accessory uses shall be limited to 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 Section 3-19 Temporary Uses of the Unified Development Code. Zone E: General Purpose and Description. Zone is intended to provide a location for businesses that require exterior handling or storage of materials or equipment. Exterior handling or storage is allowed, except along Seippel Road, where it is prohibited. 1) Principal permitted uses shall be limited to: a) Public or quasi-public utilities b) Corporate offices c) Mail-order houses. Ordinance No. - 23 Page 10 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 ineat, dairy or food products, not to include stockyards or slaughter houses I) Compounding, processing and packaging of chemical products m) Manufacture, assembly, repair or storage of electrical and electronic products, components or equipment n) Warehousing and storage facilities, not to include mini- warehouses o) Manufacturing, processing, fabrication, assembling, packaging or other comparable treatment of goods or materials entirely within enclosed buildings p) Contractors shop/yard q) Recycling industries entirely within enclosed buildings with no outdoor storage r) Timber processing 2) Conditional uses reserved for future use. 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 Section 3-19 Temporary Uses of the Unified Development Code. Zone O: General Purpose and Description. Zone O is intended to serve as an amenity to the industrial park, providing open space 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 Ordinance No. - 23 Page 11 b) Parks, nature areas, playgrounds, and similar recreational uses c) Picnic areas d) Recreational trails e) Club houses, shelter houses, tennis courts, or playground equipment, or other recreational buildings and structures when associated with parks, nature areas, playgrounds, recreational facilities f) Construction of dams, reservoirs, or detention ponds 2) Conditional uses reserved for future use. 3) Accessory uses shall be limited to the following: a) Any use customarily incidental or subordinate to the principle use it serves. 4) Temporary uses reserved for future use. C. Lot and Bulk Regulations. Development of land in Zones A, B, C, D, E 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 the PUD District regulations of this ordinance and of Section 5-24 PUD Planned Unit Development of the Unified Development Code. 2) All buildings related features in Zones A, B, C, D, E 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 Minimum Minimum Minimum Feet Zone Feet Feet Feet A 1/2 acre 100 20 10* 20 30 B 2 acres 100 50 10 25 50 C 2 acres 100 50 25 25 75 D 2 acres 100 50 25 50 100 E 2 acres 100 50 10 25 50 O N/A N/A N/A N/A N/A N/A '0-foot side yard setbacks from property lines shall be permitted for attached buildings. Ordinance No. - 23 Page 12 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. 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, except in Zone A where 30 feet maximum height includes HVAC equipment. 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 a required front yard setback. D. Parkinq and Loadinq Requlations 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 strips or other permanent means. 3) The number, size and design of parking spaces shall be governed by applicable provisions of 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. Access shall generally be limited to internal streets. 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. Ordinance No. - 23 Page 13 7) All loading docks for shipping and receiving of raw and manufactured goods shall be designed to provide for the direct movement of goods between the deliver vehicle and the interior of the building. E. Sign Requlations 1) Applicability of Cit of Dubuque Ordinances: The provisions of Section 15 Signs of the Unified Development Code 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 West ➢ Entrance signs ➢ Directory signs 2) Company primary signs: limited to identification of uses in Zones B, C, D and E ➢ Identification of company name ➢ Identification of company products or services by generic name only ➢ Graphic symbol or logo identified with the company 3) Commercial primary signs: limited to identification of uses in Zone A ➢ Identification of business name ➢ Identification of business products or services by generic names only ➢ Graphic symbol or logo identified with the business 4) Secondary signs: allowable in all zones ➢ Street address Ordinance No. - 23 Page 14 ➢ 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 structural type, size, number and height shall be limited to the following requirements. Allowable Type of Sign Maximum Size Maximum Structure Maximum Number Type Height* Industrial 200 square feet Six (6) signs Monument 12 feet Center per sign face Entrance Signs Industrial 30 square feet Three (3) signs Monument 8 feet Center per sign face Directory Signs Company 10% of building 2 signs per Wallmounted Below Primary wall sign is street frontage eave or Signs mounted on or per business parapet 400 total square feet of sign area, whichever is less. 150 square feet 1 sign per Monument 10 feet per sign face business restricted to interior street frontages only Commercial 100 square feet 2 signs per Wallmounted Below Primary per sign face business eave or Signs provided only 1 parapet sign may be a Monument 10 feet Ordinance No. - 23 Page 15 monument- style sign Secondary 6 square feet per No maximum Wallmounted Below Signs sign face number eave or parapet Monument 6 feet *The height of 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 Section 86 Variance Procedure 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. F. Exterior Storaqe Requlations Exterior storage shall be in accordance with the following regulations: Allowable Allowable Allowable Minimum Maximum Zone Products Stored Location Screening Opacity Height of Materials Screening A PROHIBITED B PROHIBITED C Finished Goods Rear or side Synthetic 50% 10 feet yards materials, wood, masonry, brick or stone similar to building color D Raw or Rear or side Similar to building 50% 12 feet finished yards color goods; equipment Raw of finished Rear or side Similar to building 100% 15 feet goods; yards color equipment O PROHIBITED "Exterior storage is prohibited on lots fronting Seippel Road. Ordinance No. - 23 Page 16 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 coverages. 4) Exterior storage (where allowed) must be screened from view from adjacent public right-of-way. In Zone C, exterior storage must be screened from both the public right-of-way and surrounding privately owned property. 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. 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. G. 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. Ordinance No. - 23 Page 17 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. H. Landscapinq Requlations 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 Ordinance No. - 23 Page 18 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 West 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 - 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. 5) The developer of any lot fronting Seippel Road and/or Chavanelle Road shall participate in the planting trees compatible in species and spacing with tree plantings, which have previously been completed by the City along said streets. 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) To reduce erosion, all disturbed open space areas shall have ground cover of grass or native vegetation, which is installed as sod, or seeded, fertilized and mulched. Ordinance No. - 23 Page 19 8) 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. 9) A detailed landscape plan shall be required as part of submittal for final site development plan approval. 10) The area between the public street and the right-of-way line shall be planted with grass and maintained by the lot owner. 11) Industrial Center landscaping: Common areas and streetscapes of the PUD District shall be in accordance with the landscape plan, a copy of which is attached and made a part of this PUD ordinance. I. Performance Standards. The development and maintenance of uses in this PUD District shall be established in conformance with the following standards: 1) Site Lighting: exterior illumination of site features and location and design of site lighting shall be in accordance with the following requirements: a) Exterior Illumination of site features shall be limited to the illumination of the following: ➢ Parking areas, driveways and loading facilities ➢ Pedestrian walkway surFaces and entrances to building ➢ Screened storage areas ➢ Building exterior b) Location and design of site lighting shall be in accordance with the following requirements: ➢ All exterior lighting shall be designed, installed and maintained so as not to cause glare or to shine in adjacent lots and streets. ➢ No light source shall provide illumination onto adjacent lots, buildings or streets in excess of 1 .0-foot candle. ➢ All exterior lighting luminaries shall be designed and installed to shield light from the luminaire at angles above 72 degrees from vertical. ➢ Fixtures mounted on a building shall not be positioned higher than the roofline of the building. Ordinance No. - 23 Page 20 ➢ Wooden utility type poles are acceptable only for temporary use during construction. ➢ All electrical service lines to posts and fixtures shall be underground and concealed inside the posts. 2) Utility Locations: Service lines and mechanical equipment for utilities shall be located in accordance with the following requirements. a) Service Lines: All electrical, telephone cable and other similar utility lines serving the building and other site features shall be located underground. b) Mechanical Equipment: All ground-mounted electrical transformers, switching gear, relay boxes, meters, air conditioning units, heat pumps and other similar mechanical equipment shall be screened from view. Screening may consist of plantings or masonry walls. Plantings shall achieve 50% opacity after three (3) growing seasons and a masonry wall shall appear to be an integral part of the building's overall architectural design. 3) Site Plans: Final site development plans shall be submitted in accordance with Section 12 Site Plans of the Unified Development Code prior to construction of each building and vehicle-related feature unless otherwise exempted by Section 12 Site Plans. 4) Storm Water Conveyance: The developer of each lot shall be responsible for providing surface or subsurface conveyance(s) of storm water from the lot to existing storm sewers or to flow line of open drainage ways outside the lot in a means that is satisfactory to the Public Works 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. 5) 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 Chapter 11 Land Division of the City of Dubuque Unified Development Code. 6) Noises: Noises generated within the PUD District shall be regulated by Chapter 33, Article IV Noises, of the City of Dubuque Code of Ordinances. 7) Street Lighting: Streetlights shall be installed in accordance with City of Dubuque standards. Ordinance No. - 23 Page 21 8) 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 Section 6-4 Flood Hazard Overlay Districts of the Unified Development Code. 9) 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. 10) Other Codes and Regulations: These regulations do not relieve an owner from other applicable City, County, State and Federal codes, regulations, laws and other controls relative to the planning, construction, operation and management of property in the PUD District. J. Open Space and Recreational Areas Those areas not designated on the conceptual development plan as "open" shall be maintained as open space by the property owner and/or association. The recreational trail shall be maintained by the property owner and/or association. K. Ordinance History 1) Ord. 6-23: Rescinding Ord. No. 32-18, and allowing childcare centers, early learning centers, general offices, data centers, and emergency call centers within Zone B of the Dubuque Industrial Center West PUD Planned Unit Development district with a PI Planned Industrial Designation. 2) Ord. 32-18: Rescinding Ord. No. 83-04, No. 07-02, and No. 14-98 and rezoning an approximately 124-acres of property from Agricultural District and approximately 36-acres of property from PI Planned Industrial to the regulations of the Dubuque Industrial Center West Planned Unit Development with a PI Planned Industrial designation. 3) Ord. 83-04: Amending Ord. No. 14-98 and No. 07-02 by reclassifying hereinafter described property located east of Seippel Road and south of Middle Road from Agricultural District to PUD Planned Unit Development with a PI Planned Industrial designation and adopting a conceptual development plan. 4) Ord. 07-02: Reclassifying an approximately 25-acre property located east of Seippel Road and North of the county farm from Agricultural designation to PUD Planned Unit Development Districtwith a PI Planned Ordinance No. 43- 23 Page 22 development plan, with conditions, for the Dubuque Industrial Center West. 5) Ord. 14-98: Reclassifying property located east and west of Seippel Road and north of the county farm from Agricultural designation to PUD Planned Unit Development with a PI Planned Industrial designation. 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. Any modifications of this Ordinance must be approved by the City Council in accordance with zoning reclassification proceedings of Section 9 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 as a permanent record of the conditions accepted as part of this reclassification approval within thirty (30) days after the adoption of this ordinance. This ordinance shall be binding upon the undersigned and his/her heirs, successors and assigns. Section 4. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 5. The foregoing amendment shall take effect upon publication, as provided by law. Passed, approved, and adopted this 18th day of September, 2023. :rad M. Cavan , Mayor Attest: Trish Gleason, Assistant City Clerk dotloop signature verification: TI-Ili Ci"CY�f �t��U�7ElC�UG' �� .� Planr�ing Services be�artment �t�buque, IA 52C101-4805 �han�: 563-589-4210 1Vlrrstc��ic�cc orr F1ie Missrssi�pi Fax: 563-5�9-4221 pl��riinc��:eitvofdufoEic�ue.orQ PLAIV�ING e4P��C�TIt��I �a�tlN! [�Varia�c� [�Preliminary Pl�t [,Simpl�:Subdi�ision ❑Certiflcate oF Apprapriateness [�CoF�ditional Use Permit �Major Final Piat �Text A�nendment [�Advisary�esic�n Review tpublic Projscts) �]Appeal QMinor Fir�af Pl�t [�Temporary U�e Permit ❑Certificate oF�conomic Non-Viabilitv ❑Special Exce}�tian [�Simple 5it�:Plan [.�Annex�tion �H15�OCIC D�SlC,],I1�CIO�'I ��3tlt35e UF1Q ❑L9mited Setback Waiver ❑Minar Site Pl�n [�Historic Revolvinc� Loan �D�molition [�„��tezoning/PUD/ID [�M�}or Site P�an �}Hisfioric Housing�r�nt �Part o�dubuque pesign Review Plea e r r t i ! ; i k Proper�y awner(s): Walter Development LLC p��; 5635839781 l�ddress: 74ss cna�aneiie ra ��, Dubuque ,tiaf�;IA ,i 52001 � �� l 5635806420 emond@hodgecompanies.com I Fax#:----_____._____ CeII #; .�_________E-mail: i , � ApplicantJAgent: � phone:��"y��J��J ��. � � /�dc�ress:.l��.� _ ��f_City: ,��. ,.�_State:_��Z�� Fax #:w„ GeA #; �_----��E-mail: � � � �� Zona C of DICW PUL1 Chavenelle Rci.and Synargy Gt_ N�� Site 1pcatian�address; �^,.,., �leigh�prhoc�d Association: _ , FUD-PI PUD-PI �y�p i Exisking xonir�g; _ Rr4pos�tE zoning: District; Landmark: �Yes � Na ' k�egal i�escript€on (Sidwell parce!Ip#or�ot nur��l�er/binck�urnber/sui��ivision): II To�a! pro�erty(lot) area (s�uare feator acres): �l'�I"i� �; �$,�.� �iCl"�� ,�7�}�J7�� , ��, I'' fl�scribe propas�l and �•eason necessary(a�taclt a IeEter of�xpEanation, if n��ded); �, Ta amend the ind�strial Genter Vl/�st Planned �lni� Deve�m�nt Zone C tc� in�ltade '�►�imal '� Hospitai or �linic' ar�d 'K�r�r�el' to the list c�f permitted �as�s, �, 3 .� � � -�- - -�--�-- i C�RTIFICA�'iON: IJwe, the undersign�d, do h�:reby certiFy/acknowledge that: ; , 1, It is the propet�y ow�er's respansibiiity to Eocate praperty lines�nd to review the abstract for eas�ments and resCrictive COV�ElatltS, � 2. The inforrnakion subEnitted herein is true ancl correck ta tl�e 6�st of my/aur knowEedge ancl upon submit�al been�n�s pt�blic ' recard; � i �. Fess are not refundable and payrn�nt does nat guaranree appraval; and 4. AI�acfditional re uired+nrritten �,nd ra Itic materiais ar�attached. // dotloop verified T��/�� 08/08237:09 PM CDT �raperty Owner{s): U16Q-ABIL-DKHGTOFF ��4�, L � A�plicant/Agent: _ p�re: �_ , FOR OFFICE U5E ONLY—A�*PLICA�IUN�UBMI71'AL CH�CKLI�ST �ee; �� Receivec{ by: Qal�. Dacket; i � R-3 — — � — — — - � � � �•- R-4 i � '�.�� AG� � R-1 �CPC �ca� � � . � R- ' �� C"2 Vicinit Ma � � oc y p e cs AG _ Llc LI OR AG/RROD � CSc R-� � C-3C �, CS C-3 ��,>, `�2,.,� AG R_�� C-2 N�P� ��F .� G� qse �RyRO CS R_� CS AG PR ENNSYLV NIAAVE DODGEST CR R_2 R-3 AG R-2 AG h CSR-1 � SwA�TFR�q< � R-2 � LIo :•oo �- � � , C-3 CS � � CSR-4 PI PI PI � Applicant: Katie Merkes P� � CS Location: 7495 Chavenelle Road R-3C- v � qG Description: To amend Zone C of the Dubuque C-3 Industrial Center West Planned Unit Development � OR PI pR to allow animal hospital or clinic, kennel, and pet a!�IDt� R-1 daycare or grooming as permitted uses. � CS � C-3 �� C-3 Q Dubuque Industrial � � � � PC Center West PUD � � R-1 j City limits LI ° '�� / �c�►Cn � � � Zone C R-2 R-1 e AG � Llc Hlc CS� CS I � C-3 / � MHI CSc — o soo �,000 z,000 N LI qG - city of Dubuque, IA n IC L•_3 C'3C Feet PI �� 1:17,250 Doc ID: 011166880023 Type: GEN Kind: ORDINANCE Recorded: 11/21/2023 at 04:14:07 PM Fee Amt: $117.00 Page 1 of 23 Dubuque County Iowa Karol Kennedy Recorder File2023-00011061 Prepared by: Wally Wemimont. City Planner_Address: City Hall. 50 W. 13th St Telephone: 589-4210 Return to: Adrienne Breitfelder. City Clerk Address: City Hall- 50 W. 13th St Telephone: 589-4121 ORDINANCE NO. 43 23 AMENDING TITLE 16, UNIFIED DEVELOPMENT CODE OF THE CITY OF DUBUQUE CODE OF ORDINANCES, BY RESCINDING ORDINANCE NO. 6-23 WHICH ESTABLISHED REGULATIONS FOR A PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PI PLANNED INDUSTRIAL DESIGNATION AND ADOPTING AN AMENDED PUD ORDINANCE TO ALLOW AN ANIMAL HOSPITAL OR CLINIC, KENNEL, AND PET DAYCARE OR GROOMING AS PERMITTED USES IN ZONE C OF THE DUBUQUE INDUSTRIAL CENTER WEST PLANNED UNIT DEVELOPMENT DISTRICT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the Dubuque Code of Ordinances, Unified Development Code, is hereby amended by rescinding Ordinance No. 6-23 and allowing animal hospital or clinic, kennel, and pet daycare or grooming as permitted uses in Zone C of the Dubuque Industrial Center West Planned Unit Development district with a PI Planned Industrial Designation for the property legally described, to wit: Lot 2 of McFadden Farm Place No. 2, Part of Lot 1-2 McFadden Farm Place No. 4, Balance of Lot 1-2 McFadden Farm Place No. 4, Lot 1 of McFadden Farm Place No. 5, Part Lot 1A McFadden Farm Place No. 6, Balance of Lot 1A McFadden Farm Place No. 6, Balance of Lot 1 McFadden Farm Place No 6 excluding Lot 1A, Lot 4 Dubuque Industrial Center West, Lots 1-1, 2, 2-1, 3, 4, 5, 6, 7, 8 and C of Dubuque Industrial Center West 2nd Addition, & C*ity Plannimg II100 Ordinance No. - 23 Page 2 2-1, 3, 4, 5, 6, 7, 8 and C of Dubuque Industrial Center West 2"d Addition, Lots 1, 1-4, 2 2-4, 3, B and C of Dubuque Industrial Center West 4th Addition, Lots 1-1, 1-2, 1-3, 1-5, 2-3, A, C and D of Dubuque Industrial Center West 5th Addition, Lots 1 and A of Dubuque Industrial Center West 6th Addition, Lots 1, 1-2 and 2-2 of Dubuque Industrial Center West 7th Addition, Lots 1, 2 and B of Dubuque Industrial Center West 8th Addition, Lot 2 of Dubuque Industrial Center West 9th Addition, Lot 1 of Dubuque Industrial Center West Exc 7425 Condominiums, Lots 1-5, 3, 6 and H of Dubuque Industrial Center West Final Plat, Lots 1, 1-C and 2 of Dubuque Industrial Center North 1 It Addition, Balance of Lot 2-C of Dubuque Industrial Center North 1 It Addition, Balance of Lot 3 Dubuque Industrial Center North 1 It Addition excluding Lot A, Part of Lot 3 Dubuque Industrial Center North 1st Addition excluding Lot A, Part of Lot 2-C of Dubuque Industrial Center North 1 st Addition, Unit 1 and Unit 2 of 7425 Condominiums located on Lot 1 Dubuque Industrial Center West, Lot 1 Dubuque Industrial Center North 2"d Addition Located in DUB T6, Part of Lot A Dubuque Industrial Center North 1 It Addition in Tax District DUB A, Part of Lot A Dubuque Industrial Center North 1st Addition in Tax District DUB T6, Part of Lot 1 Unison Addition, Lots 1 and 2A Dubuque Industrial Center North 3rd Addition, Lot 2-1 SW SW & 2-1 SE SW both in Section 30 T89N R2E, Lot 2 SE SW Section 30 T89N R2E, Lot 1-1 NW '/4 NW % Section 29 T89N R2E, SE'/4 NW'/4 Section 29 T89N R2E, SW'/4 NW '/4 Section 29 T89N R2E, Lot 2 SW SE and Lot 2 SE SE Section 30 T89N R2E, 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 an amended Conceptual Development Plan for the Dubuque Industrial Center West Planned Unit Development. 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 requirements shall be used as the implementation guide. Section 3. Pursuant to Iowa Code Section 414.5 (2015), as amended, and as an express condition of the reclassification, the undersigned property owner(s) agree(s) to the following conditions, all of which the property owner(s) further agree(s) are reasonable and imposed to satisfy the public needs that are caused directly by the zoning reclassification: A) Definitions 1) Building Related Features Building related features are defined as all constructed items which rise above the grade surface of the lot. These include: a) The primary building Ordinance No. - 23 Page 3 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 of 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) Landscaped space containing lawn areas and plantings. b) Paved, hard -surfaced, pedestrian areas such as walkways, plazas, entryways and courtyards. c) Surface storm water detention areas not otherwise used for building -related or vehicle -related purposes. d) Open recreation areas and recreational trail. e) Other non -building and non -vehicular related space. B) Use Regulations. The following regulations shall apply to all uses made of land in the above described PUD District: Zone A: General Purpose and Description. Zone A is intended to provide for a limited amount of commercial development that will serve industrial park employees with daily commercial and service needs. The development of Zone A shall resemble a small shopping center with shared access, parking and signage to promote a unified commercial appearance. Exterior storage is prohibited. Ordinance No. - 23 1) Principal permitted uses shall be limited to: a) Public or quasi -public utilities including substations b) Business services c) Gas station/convenience/car wash d) Laundry/dry cleaner a Indoor restaurant f) Drive-in/carry-out restaurant g) Drive -up automated bank teller h) Banks, savings and loans, and credit unions i) Group day care center 2) Conditional uses reserved for future use. 3) Accessory uses shall be limited to the following: Page 4 a) 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 Section 3-19 Temporary Uses of the Unified Development Code. Zone B: General Purpose and Description. Zone B is intended to provide for a variety of uses primarily involving light manufacturing, assembly and fabrication, warehousing, wholesaling, office uses and business services. Exterior storage is prohibited. 1) Principal permitted uses shall be limited to: a) Railroads and public or quasi -public utilities b) General offices c) Medical/dental lab d) Mail-order houses e) Printing and publishing f) Laboratories for research and engineering g) Wholesale sales/distributor h) Vending/game machine sales/service i) Cold storage/locker plants j) Packing and processing of meat, dairy or food products, not to include stockyards or slaughter houses k) Tool, die, and patter making 1) Manufacture, assembly, repair or storage of electrical and electronic products, components or equipment Ordinance No. - 23 Page 5 m) Warehousing and storage facilities, not to include mini -warehouses n) Manufacturing, processing, fabrication, assembling, packaging or other comparable treatment of goods or materials, entirely within enclosed buildings o) Childcare centers p) Early learning centers q) Data centers r) Emergency call centers 2) 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. 3) 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 Section 3-19 Temporary Uses of the Unified Development Code. Zone C: General Purpose and Description. Zone C is intended to provide for a variety of uses primarily involving light manufacturing, assembly and fabrication, warehousing, wholesaling, and office uses. Exterior storage is allowed with some restrictions, and must be screened from view from both the public right-of-way and surrounding privately owned property. 1) Principal permitted uses shall be limited to: a) Railroads and public or quasi -public utilities b) Corporate offices c) Medical/dental lab. d) Mail-order houses- e) Printing and publishing f) Laboratories for research and engineering g) Moving/storage facilities h) Wholesale sales/distributor i) Freight transfer facilities j) Vending/game machine sales/service k) Cold storage/locker plants 1) Packing and processing of meat, dairy or food products, not to include stockyards or slaughter houses m) Tool, die, and pattern making Ordinance No. - 23 Page 6 n) Manufacture, assembly, repair or storage of electrical and electronic products, components or equipment o) Warehousing and storage facilities, not to include mini -warehouses p) Manufacturing, processing, fabrication, assembling, packaging or other comparable treatment of goods or materials, entirely within enclosed buildings q) Animal hospital or clinic r) Kennel s) Pet daycare or grooming 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 and local regulations. 1) Indoor floor area (excluding halls and bathrooms) must be provided per child in areas occupied by cribs as per State Code; 2) Indoor floor area (excluding halls and bathrooms) must be provided per child in areas not occupied by cribs times the licensed capacity as per State Code; 3) Fenced outdoor recreation space, must be provided per child using the space at a given time as per State Code; 4) Such facility shall provide for the loading and unloading of children so as not to obstruct public streets or create traffic or safety hazards; 5) All licenses have been issued or have been applied for awaiting the outcome of the Board's decision; 6) No group day care center may be located within the same structure as any gas station, bar/tavern, automated gas station or any facility selling, servicing, repairing or renting vehicles; 7) The parking group requirements can be met 8) The conditional use applicant certifies that the premises on which the group day care center will be located complies with, and will for so long as the group day care center is so located, continue to comply with all local, state and federal regulations governing hazardous substances, hazardous wastes, and hazardous materials, including, but not limited to Iowa Code chapter 455B (1991); 42 U.S.C. Section 9601 of the Federal Ordinance No. - 23 Page 7 Comprehensive Environmental Response Compensation and Liability Act; 40 C.F.R. Section 3-2.4; and Section 302 of the Superfund Amendments and Reauthorization Act of 1986; and 9) If the applicant is subject to the requirements of Section 302 of the Superfund Amendments and Reauthorization Act of 1986, the Emergency Management Director shall certify whether or not the applicant has submitted a current inventory of extremely hazardous substances kept or stored on the premises. If any such extremely hazardous substances are kept or stored on the premises, the applicant shall also post in a conspicuous place on the premises a notice indicating a description of the extremely hazardous substances, and the physical and health hazards presented by such substances. 3) Accessory uses shall be limited to 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 Section 3-19 Temporary Uses of the Unified Development Code. Zone D: General Purpose and Description. Zone D is intended to provide appropriate locations 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) Railroads 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 Ordinance No. - 23 Page 8 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 packaging of chemical products m) Manufacture, assembly, repair or storage of electrical and electronic products, components or equipment). n) Warehousing and storage facilities, not to include miniwarehouses 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 and local regulations. 1) Indoor floor area (excluding halls and bathrooms) must be provided per child in areas occupied by cribs as per State Code; 2) Indoor floor area (excluding halls and bathrooms) must be provided per child in areas not occupied by cribs times the licensed capacity as per State Code; 3) Fenced outdoor recreation space must be provided per child using the space at a given time as per State Code; 4) Such facility shall provide for the loading and unloading of children so as not to obstruct public streets or create traffic or safety hazards; 5) All licenses have been issued or have been applied for awaiting the outcome of the Board's decision; 6) No group day care center may be located within the same structure as any gas station, bar/tavern, automated gas station or any facility selling, servicing, repairing or renting vehicles; 7) The parking group requirements can be met 8) The conditional use applicant certifies that the premises on which the group day care center will be located complies with, and will for so long as the group day care center is so located, continue to comply with all local, state and federal Ordinance No. - 23 Page 9 regulations governing hazardous substances, hazardous wastes, and hazardous materials, including, but not limited to Iowa Code chapter 455B (1 991); 42 U.S.C. Section 9601 of the Federal Comprehensive Environmental Response Compensation and Liability Act; 40 C.F.R. Section 3-2.4; and Section 302 of the Superfund Amendments and Reauthorization Act of 1986; and 9) If the applicant is subject to the requirements of Section 302 of the Superfund Amendments and Reauthorization Act of 1986, the Emergency Management Director shall certify whether or not the applicant has submitted a current inventory of extremely hazardous substances kept or stored on the premises. If any such extremely hazardous substances are kept or stored on the premises, the applicant shall also post in a conspicuous place on the premises a notice indicating a description of the extremely hazardous substances, and the physical and health hazards presented by such substances. 3) Accessory uses shall be limited to 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 Section 3-19 Temporary Uses of the Unified Development Code. Zone E: General Purpose and Description. Zone is intended to provide a location for businesses that require exterior handling or storage of materials or equipment. Exterior handling or storage is allowed, except along Seippel Road, where it is prohibited. 1) Principal permitted uses shall be limited to: a) Public or quasi -public utilities b) Corporate offices c) Mail-order houses. Ordinance No. - 23 Page 10 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 packaging of chemical products m) Manufacture, assembly, repair or storage of electrical and electronic products, components or equipment n) Warehousing and storage facilities, not to include mini - warehouses o) Manufacturing, processing, fabrication, assembling, packaging or other comparable treatment of goods or materials entirely within enclosed buildings p) Contractors shop/yard q) Recycling industries entirely within enclosed buildings with no outdoor storage r) Timber processing 2) Conditional uses reserved for future use. 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 Section 3-19 Temporary Uses of the Unified Development Code. Zone O: General Purpose and Description. Zone O is intended to serve as an amenity to the industrial park, providing open space 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 Ordinance No. - 23 Page 11 b) Parks, nature areas, playgrounds, and similar recreational uses c) Picnic areas d) Recreational trails e) Club houses, shelter houses, tennis courts, or playground equipment, or other recreational buildings and structures when associated with parks, nature areas, playgrounds, recreational facilities f) Construction of dams, reservoirs, or detention ponds 2) Conditional uses reserved for future use. 3) Accessory uses shall be limited to the following: a) Any use customarily incidental or subordinate to the principle use it serves. 4) Temporary uses reserved for future use. C. Lot and Bulk Regulations. Development of land in Zones A, B, C, D, E 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 the PUD District regulations of this ordinance and of Section 5-24 PUD Planned Unit Development of the Unified Development Code. 2) All buildings related features in Zones A, B, C, D, E 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 Minimum Minimum Minimum Feet Zone Feet Feet Feet A 1 /2 acre 100 20 10* 20 30 B 2 acres 100 50 10 25 50 C 2 acres 100 50 25 25 75 D 2 acres 100 50 25 50 100 E 2 acres 100 50 10 25 50 O N/A N/A N/A N/A N/A N/A *0-foot side yard setbacks from property lines shall be permitted for attached buildings. Ordinance No. - 23 Page 12 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. 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, except in Zone A where 30 feet maximum height includes HVAC equipment. 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 a 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 strips or other permanent means. 3) The number, size and design of parking spaces shall be governed by applicable provisions of 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. Access shall generally be limited to internal streets. 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. Ordinance No. - 23 Page 13 7) All loading docks for shipping and receiving of raw and manufactured goods shall be designed to provide for the direct movement of goods between the deliver vehicle and the interior of the building. E. Sian Regulations 1) Applicability of Cit of Dubuque Ordinances: The provisions of Section 15 Signs of the Unified Development Code 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 West Y Entrance signs �o Directory signs 2) Company primary signs: limited to identification of uses in Zones B, C, D and E Identification of company name Identification of company products or services by generic name only Y Graphic symbol or logo identified with the company 3) Commercial primary signs: limited to identification of uses in Zone A Identification of business name Identification of business products or services by generic names only Graphic symbol or logo identified with the business 4) Secondary signs: allowable in all zones 11 10, Street address Ordinance No. - 23 Page 14 ➢ 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 structural type, size, number and height shall be limited to the following requirements. Maximum Allowable Maximum Type of Sign Maximum Size Number structure Height* Industrial 200 square feet Six (6) signs Monument 12 feet Center per sign face Entrance Signs Industrial 30 square feet Three (3) signs Monument 8 feet Center per sign face Directory Signs Company 10% of building 2 signs per I Wallmounted Below Primary wall sign is street frontage eave or Signs mounted on or per business parapet 400 total square feet of sign area, whichever is less. 150 square feet 1 sign per Monument 10 feet per sign face business restricted to interior street frontages only Commercial 100 square feet 2 signs per Wallmounted Below Primary per sign face business eave or Signs provided only 1 parapet sign may be a Monument 10 feet Ordinance No. - 23 monument - style sign Page 15 Secondary 6 square feet per No maximum Wallmounted Below Signs sign face number eave or parapet Monument 6 feet *The height of 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 Section 86 Variance Procedure 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. F. Exterior Storage Regulations Exterior storage shall be in accordance with the following regulations: -Allowable Allowable Allowable Minimum Maximum Zone Products Stored Screening Location Opacity Height of Materials Screening A PROHIBITED B PROHIBITED C Finished Goods Rear or side Synthetic 50% 10 feet yards materials, wood, masonry, brick or stone similar to building color D Raw or Rear or side Similar to building 50% 12 feet finished yards color goods; equipment Raw of finished Rear or side Similar to building 100% 15 feet goods; yards color equipment O PROHIBITED *Exterior storage is prohibited on lots fronting Seippel Road. Ordinance No. - 23 Page 16 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 coverages. 4) Exterior storage (where allowed) must be screened from view from adjacent public right-of-way. In Zone C, exterior storage must be screened from both the public right-of-way and surrounding privately owned property. 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. 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. G. 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. Ordinance No. - 23 Page 17 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. H. 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 Ordinance No. - 23 Page 18 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 West 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 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 parking lot islands may be counted toward the minimum tree planting requirements. 5) The developer of any lot fronting Seippel Road and/or Chavanelle Road shall participate in the planting trees compatible in species and spacing with tree plantings, which have previously been completed by the City along said streets. 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) To reduce erosion, all disturbed open space areas shall have ground cover of grass or native vegetation, which is installed as sod, or seeded, fertilized and mulched. Ordinance No. - 23 Page 19 8) 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. 9) A detailed landscape plan shall be required as part of submittal for final site development plan approval. 10) The area between the public street and the right-of-way line shall be planted with grass and maintained by the lot owner. 11) Industrial Center landscaping: Common areas and streetscapes of the PUD District shall be in accordance with the landscape plan, a copy of which is attached and made a part of this PUD ordinance. Performance Standards. The development and maintenance of uses in this PUD District shall be established in conformance with the following standards: 1) Site Lighting: exterior illumination of site features and location and design of site lighting shall be in accordance with the following requirements: a) Exterior Illumination of site features shall be limited to the illumination of the following: Y Parking areas, driveways and loading facilities Pedestrian walkway surfaces and entrances to building y Screened storage areas Building exterior b) Location and design of site lighting shall be in accordance with the following requirements: v All exterior lighting shall be designed, installed and maintained so as not to cause glare or to shine in adjacent lots and streets. No light source shall provide illumination onto adjacent lots, buildings or streets in excess of 1 .0-foot candle. Y All exterior lighting luminaries shall be designed and installed to shield light from the luminaire at angles above 72 degrees from vertical. y Fixtures mounted on a building shall not be positioned higher than the roofline of the building. Ordinance No. - 23 Page 20 L Wooden utility type poles are acceptable only for temporary use during construction. Y All electrical service lines to posts and fixtures shall be underground and concealed inside the posts. 2) Utility Locations: Service lines and mechanical equipment for utilities shall be located in accordance with the following requirements. a) Service Lines: All electrical, telephone cable and other similar utility lines serving the building and other site features shall be located underground. b) Mechanical Equipment: All ground -mounted electrical transformers, switching gear, relay boxes, meters, air conditioning units, heat pumps and other similar mechanical equipment shall be screened from view. Screening may consist of plantings or masonry walls. Plantings shall achieve 50% opacity after three (3) growing seasons and a masonry wall shall appear to be an integral part of the building's overall architectural design. 3) Site Plans: Final site development plans shall be submitted in accordance with Section 12 Site Plans of the Unified Development Code prior to construction of each building and vehicle -related feature unless otherwise exempted by Section 12 Site Plans. 4) Storm Water Conveyance: The developer of each lot shall be responsible for providing surface or subsurface conveyance(s) of storm water from the lot to existing storm sewers or to flow line of open drainage ways outside the lot in a means that is satisfactory to the Public Works 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. 5) 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 Chapter 11 Land Division of the City of Dubuque Unified Development Code. 6) Noises: Noises generated within the PUD District shall be regulated by Chapter 33, Article IV Noises, of the City of Dubuque Code of Ordinances. 7) Street Lighting: Streetlights shall be installed in accordance with City of Dubuque standards. Ordinance No. - 23 Page 21 8) 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 Section 6-4 Flood Hazard Overlay Districts of the Unified Development Code. 9) 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. 10) Other Codes and Regulations: These regulations do not relieve an owner from other applicable City, County, State and Federal codes, regulations, laws and other controls relative to the planning, construction, operation and management of property in the PUD District. J. Open Space and Recreational Areas Those areas not designated on the conceptual development plan as "open" shall be maintained as open space by the property owner and/or association. The recreational trail shall be maintained by the property owner and/or association. K. Ordinance History 1) Ord. 6-23: Rescinding Ord. No. 32-18, and allowing childcare centers, early learning centers, general offices, data centers, and emergency call centers within Zone B of the Dubuque Industrial Center West PUD Planned Unit Development district with a PI Planned Industrial Designation. 2) Ord. 32-18: Rescinding Ord. No. 83-04, No. 07-02, and No. 14-98 and rezoning an approximately 124-acres of property from Agricultural District and approximately 36-acres of property from PI Planned Industrial to the regulations of the Dubuque Industrial Center West Planned Unit Development with a PI Planned Industrial designation. 3) Ord. 83-04: Amending Ord. No. 14-98 and No. 07-02 by reclassifying hereinafter described property located east of Seippel Road and south of Middle Road from Agricultural District to PUD Planned Unit Development with a PI Planned Industrial designation and adopting a conceptual development plan. 4) Ord. 07-02: Reclassifying an approximately 25-acre property located east of Seippel Road and North of the county farm from Agricultural designation to PUD Planned Unit Development District with a PI Planned Ordinance No. 43- 23 Page 22 development plan, with conditions, for the Dubuque Industrial Center West. 5) Ord. 14-98: Reclassifying property located east and west of Seippel Road and north of the county farm from Agricultural designation to PUD Planned Unit Development with a PI Planned Industrial designation. 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. Any modifications of this Ordinance must be approved by the City Council in accordance with zoning reclassification proceedings of Section 9 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 as a permanent record of the conditions accepted as part of this reclassification approval within thirty (30) days after the adoption of this ordinance. This ordinance shall be binding upon the undersigned and his/her heirs, successors and assigns. Section 4. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 5. The foregoing amendment shall take effect upon publication, as provided by law. Passed, approved, and adopted this 181h day of September, 2023. .. r1Mayor Attest: Trish Gleason, Assistant 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. 43-23 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 21 sc day of November, 2023. Adrienne N. Breitfelder, City Clerk 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: 09/27/2023 and for which the charge is 96.46 Subscribed to before me, a Notary Publ in and for Dubuque County, Iowa, this 17th day of October, 2023 Notary .lic in and for Dubuque County, Iowa. JANET K. PAPE Commission Number 199659 My Commission Expires 12/11/2025 Ad text: OFFICIAL PUBLICATION ORDINANCE NO. 4323 EXECUTIVE SUMMARY THE ORDINANCE IN ITS ENTIRETY IS ON FILE IN THE OFFICE OF THE CITY CLERK, 50 W. 13TH STREET, DUBUQUE. NORMAL BUSINESS HOURS ARE 8:00 AM TO 5:00 PM MONDAY TO FRIDAY, AMENDING TITLE 16, UNIFIED DEVELOPMENT CODE OF THE CITY OF DUBUQUE CODE OF ORDINANCES, BY RESCINDING ORDINANCE NO. 6-23 WHICH ESTABLISHED REGULATIONS FOR A PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PI PLANNED INDUSTRIAL DESIGNATION AND ADOPTING AN AMENDED PUD ORDINANCE TO ALLOW AN ANIMAL HOSPITAL OR CLINIC, KENNEL, AND PET DAYCARE OR GROOMING AS PERMITTED USES IN ZONE C OF THE DUBUQUE INDUSTRIAL CENTER WEST PLANNED UNIT DEVELOPMENT DISTRICT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the Dubuque Code of Ordinances, Unified Development Code, is hereby amended by rescinding Ordinance No. 6-23 and allowing animal hospital or clinic, kennel, and pet daycare or grooming as permitted uses in Zone C of the Dubuque Industrial Center West Planned Unit Development district with a PI Planned industrial Designation for the property legally described, to wit: Lot 2 of McFadden Farm Place No, 2, Part of Lot 1-2 McFadden Farm Place No. 4, Balance of Lot 1-2 McFadden Farm Place No. 4, Lot I of McFadden Farm Place No. 5, Part Lot IA McFadden Farm Place No. 6, Balance of Lot lA McFadden Farm Place No. 6, Balance of Lot 1 McFadden Farm Place No 6 excluding Lot 1A, Lot 4 Dubuque Industrial Center West, Lots 1-1, 2, 2-1, 3, 4, 5, 6, 7, 8 and C of Dubuque Industrial Center West 2nd Addition, Lots 1, 1-4, 2 2-4, 3, B and C of Dubuque Industrial Center West 4th Addition, Lots 1-1, 1-2, 1-3, 1-5, 2-3, A, C and D of Dubuque Industrial Center West 5th Addition, Lots 1 and A of Dubuque Industrial Center West 6th Addition, Lots 1, 1-2 and 2-2 of Dubuque Industrial Center West 7th Addition, Lots 1, 2 and B of Dubuque Industrial Center West 8th Addition, Lot 2 of Dubuque Industrial Center West 9th Addition, Lot 1 of Dubuque Industrial Center West Exc 7425 Condominiums, Lots 1-5, 3, 6 and H of Dubuque Industrial Center West Final Plat, Lots 1, 1-C and 2 of Dubuque Industrial Center North 1st Addition, Balance of Lot 2-C of Dubuque Industrial Center North lst Addition, Balance of Lot 3 Dubuque Industrial Center North lst Addition excluding Lot A, Part of Lot 3 Dubuque Industrial Center North lst Addition excluding Lot A, Part of Lot 2-C of Dubuque Industrial Center North 1st Addition, Unit 1 and Unit 2 of 7425 Condominiums located on Lot 1 Dubuque Industrial Center West, Lot 1 Dubuque Industrial Center North 2nd Addition Located in DUB T6, Part of Lot A Dubuque Industrial Center North lst Addition in Tax District DUB A, Part of Lot A Dubuque. Industrial Center North lst Addition in Tax District DUB T6, Part of Lot 1 Unison Addition, Lots 1 and 2A Dubuque Industrial Center North 3rd Addition, Lot 2-1 SW SW & 2-1 SE SW both in Section 30 T89N R2E, Lot 2 SE SW Section 30 T89N R2E, Lot 1-1 NW * NW * Section 29 T89N R2E, SE * NW * Section 29 T89N R2E, SW * NW Section 29 T89N R2E, Lot 2 SW SE and Lot 2 SE SE Section 30 T89N R2E, 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 an amended Conceptual Development Plan for the Dubuque Industrial Center West Planned Unit Development. 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 requirements shall be used as the implementation guide. Section 3. Pursuant to Iowa Code Section 414.5 (2015), as amended, and as an express condition of the reclassification, the undersigned property owner(s) agree(s) to the following conditions, all of which the property owner(s) further agree(s) are reasonable and imposed to satisfy the public needs that are caused directly by the zoning reclassification: A. Definitions I. Building Related Features 2. Vehicle Related Features 3. Open Space Features B. Use Regulations. Zone A: General Purpose and Description. Zone A is intended to provide for a limited amount of commercial development that will serve industrial park employees with daily commercial and service needs. The development of Zone A shall resemble a small shopping center with -shared access-,--parking-and signage to promote a unified commercial appearance. Exterior storage is prohibited. Zone B: General Purpose and Description. Zone B is intended to provide for a variety of uses primarily involving light manufacturing, assembly and fabrication, warehousing, wholesaling, office uses and business services. Exterior storage is prohibited. Zone C: General Purpose and Description. Zone C is intended to provide for a variety of uses primarily involving light manufacturing, assembly and fabrication, warehousing, wholesaling, and office uses. Exterior storage is allowed with some restrictions and must be screened from view from both the public right-of-way and surrounding privately owned property, Zone D: General Purpose and Description. Zone D is intended to provide appropriate locations for heavy industrial uses. Exterior storage is allowed, provided it is screened from view from public right-of-way. Zone E: General Purpose and Description. Zone is intended to provide a location for businesses that require exterior handling or storage of materials or equipment. Exterior handling or storage is allowed, except along Seippel Road, where it is prohibited. Zone 0: General Purpose and Description. Zone 0 is intended to serve as an amenity to the industrial park, providing open space and control of storm water to protect downstream properties. C. Lot and Bulk Regulations. D. Parking and Loading Regulations E. Sign Regulations F. Exterior Storage Regulations G. Exterior Trash Collection Area Requirements H. Landscaping Regulations Performance Standards. J. Open Space and Recreational Areas K. Ordinance History 1. Ord. 6-23: Rescinding Ord. No. 32-18, and allowing childcare centers, early learning centers, general offices, data centers, and emergency call centers within Zone B of the Dubuque Industrial Center West PUD Planned Unit Development district with a PI Planned Industrial Designation. L. Transfer of Ownership M. Modifications. N. Recording. Section 4. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa, Section 5. The foregoing amendment shall take effect upon publication, as provided by law. Passed, approved, and adopted this 18th day of September, 2023, /s/Brad M. Cavanagh, Mayor Attest:/s/Trish L. Gleason, Assistant City Clerk Published officially in the Telegraph Herald newspaper on the 27th day of September, 2023. /s/Trish L. Gleason, Assistant City Clerk It 9//7