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Amending Dubuque Industrial Center South Planned Unit Development_HearingCity of Dubuque City Council Meeting Public Hearings # 02. Copyrighted November 20, 2023 ITEM TITLE: Amending Dubuque Industrial Center South Planned Unit Development SUMMARY: Proof of publication on notice of public hearing to consider a request from Dubuque Sign Company, Simmons Pet Food to amend the Dubuque Industrial Center South Planned Unit Development to increase the size of directional signage, and Zoning Advisory Commission recommending approval. ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances Unified Development Code by rescinding Ordinance No. 16- 23 which established regulations for a PUD Planned Unit Development with a PI Planned Industrial Designation and adopting an amended PUD Ordinance that increases the allowable area of directional signage SUGGESTED Suggested Disposition: Receive and File; Motion B; Motion DISPOSITION: ATTACHMENTS: Description Type ZAC Letter to CC Supporting Documentation Application Supporting Documentation Vicinity Map Supporting Documentation Sign Package Supporting Documentation Site Imagery Supporting Documentation Letter of Support Supporting Documentation Staff Report Supporting Documentation Effect of the Amendment Supporting Documentation Ordinance Ordinance Planning Services Department City Hall 50 West 13t" Street Dubuque, IA 52001-4864 (563) 589-4210 phone (563) 589-4221 fax (563) 690-6678 TDD planning@cityof dubuque.org THE COF DUi! B E Masterpiece an the Mississippi Dubuque 2007,2012.2013 2017*2019 November 2, 2023 The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 13t" Street Dubuque IA 52001 Applicant: Dubuque Sign Company, Simmons Pet Food Location: Dubuque Industrial Center South, 751 Seippel Road Description: To amend the Dubuque Industrial Center South Planned Unit Development to increase the size of directional signage. Dear Mayor and City Council Members: The City of Dubuque Zoning Advisory Commission has reviewed the above -cited request. The application, staff report and related materials are attached for your review. Discussion The applicant, Keith Wolff, Dubuque Sign Company, 210 Cedar Cross Road, spoke on behalf of the application, not that they are working with Simmons and their sign provider to allow larger directional signs, which is appropriate based on the size of the property and the need to assist tractor trailer traffic to find their destination. Dianne Brehm submitted a letter of support. There was no other public input. Staff Member Duba discussed the application. He noted the large size of the warehouse building and the property generally. He expressed that the truck traffic coming to this site may benefit from larger directional signs. He noted that the six square foot limit for directional signs is almost universally applied, but it may be more appropriate for a commercial property than an industrial one. He stated that the PUD amendment would apply to all properties within the Dubuque Industrial Center South PUD. Commissioner Zuccaro expressed that six square feet is not big for a sign. Norton agreed, expressing that it is also a matter of safety. Motion by Norton, seconded by Zuccaro, to approve the PUD amendment as submitted. Motion carried by the following vote: Aye — Christ, Norton, Russell, Zuccaro, and Mulligan; Nay — none. Recommendation By a vote of 5 to 0, the Zoning Advisory Commission recommends that the City Council approve the request. Service People Integrity Responsibility Innovation Teamwork The Honorable Mayor and City Council Members Page 2 A simple majority vote is needed for the City Council to approve the request. Respectfully submitted, Matt Mulligan, Chairperso Zoning Advisory Com ' ' sion Attachments cc: Keith Wolff, Dubuque Sign Company, 210 Cedar Cross Road Service People Integrity Responsibility Innovation Teamwork TT I COF DtUB E Mastelpiefe nil the Mississippi Zoninn Advisory Commission ❑ Amended PUD ❑ Rezoning/PUD/ID ® Text Amendment ❑ Simple Subdivision ❑ Preliminary Plat ❑ Major Final Plat ❑ Minor Final Plat ❑ Waiver from Site Design Standards A. Property Information Zoning Board of Adiustment ❑ Conditional Use Permit ❑ Special Exception ❑ Variance ❑ Appeal Development Services ❑ Annexation ❑ Limited Setback Waiver ❑ Site Plan Simple ❑ Site Plan Minor ❑ Site Plan Major ❑ Simple Subdivision ❑ Temporary Use Permit ❑ Port of Dubuque/ Chaplain Schmitt Island Design Review Site Location/Address: Siepple Rd, (New Simmons warehouse) Legal Description/ Parce I ID#/Subdivision: i 0J }t 30 206 2- City of Dubuque Planning Services Department Dubuque, IA 52001-4845 Phone: 563-589-4210 Fax: 563-589-4221 planni ngCcbcitvofdu bug ue.org Historic Preservation Commission ❑ Demolition Review ❑ Historic Revolving Loan ❑ Certificate of Economic Non -Viability ❑ Design Review Certificate of Appropriateness ❑ Advisory Design Review (Public Projects) ❑ Historic Designation Existing Zoning: � u 1_� Proposed Zoning: P UJ Site Area (square feet/acres): 1. 5' s r o L re Historic District: J V 4 _andmark: ❑ Yes � No B. Describe proposal and reason for application (attach a letter of explanation, if necessary): Purposing increasing square footage of directional signage from 6 sq. ft to 24sq. ft. Do to the large size of this factory/warehouse with lots of truck,vehicies, and employees coming and going, the directional signs should be larger for safety. C. Applicant/Agent Informatiion Name: Dubuque Sign / Simmons Pet Foods Phone: 563-582-1691 Address: 210 Cedar Cross Rd City: Dubuque State: IA Zip: 52003 Email: KwGlff(aDdubuquesign.corr D. Property Owner(s) Information Name(s): �� 1-d V�i�l)r�YrG�� L LC Phone: Address: L�4[Y1 S� #L / 2 City: _ State: 14 Zip: � 20e 1 Email: E. Certification: I/we, the undersigned, do hereby certify/acknowledge that: 'D 40gt r P_ 1. Payment does not guarantee approval and fees are nonrefundable; 2. All additional required written and graphic materials are attached; 3. It is the property owner's responsibility to locate property lines and to review the abstract for easements and restrictive covenants; and 4. The information submitted herein is true and correct to the best of my/our knowledge and upon submittal becomes public record. Applicant/Agent: Keith Wolff Date: 11-10-23 Property Owner(s): Date: 101 -21 202 j Fee $ Ck# f ❑CC ❑Cash Received by I f 6 V, :� U�a Date cs I 149461492I8 751 I CSC I-- J8000 650 I I AG I I I I I I 651 605 — — — — — — — — — — -I — — — — — — — — 720 501 PI 499 AG 8 Hlc AG 215 C-3c R-1 103 C-3 20 6601 - _% L -�/ City f Dubuqu - / 408 Vicinity Map 0\�l stp Applicant: Keith Wolff, Dubuque Sign Location: 751 Seippel Road Description: To amend the Dubuque Industrial Center South Planned Unit Development to increase the size of directional signage. i_ = i Subject Property City limits Q Dubuque Industrial Center South PUD 0 250 500 1,000 N Feet A 1:8,000 Simmons Pet Food Dubuque LIGHTNING BOLT Page 1 /9: Project 3908 Exterior Map Guide -Inv Please check all spelling, numerical, and quantitative elements before approving. Approved By Date ADVERTISING 9 f%I Simmons Pet Food Dubuque Page 2/9: Project 3908 Exterior 72 x 36" Shipping office sign 3mm Alupanel Ultramarine Blue 751 Cast white vinyl graphics 72 x 36" Aluminum blind mount frame* *Please specify sign location 18 square feet 6' 3' Please check all spelling, numerical, and quantitative elements before approving. Approved By Date LIGHTNING BOLT LB Simmons Pet Food Dubuque Page 3/9: Project 3908 Exterior (1-9) 24 x 30" Bay numbering on South wall 3mm Alupanel Ultramarine Blue 751 Cast white vinyl graphics 24 x 30" Aluminum blind mount frame Not under review Please check all spelling, numerical, and quantitative elements before approving. Approved By Date LB A DV E R T IS ING Simmons Pet Food Dubuque Page 4/9: Project 3908 Exterior (10-15) 30 x 30" Bay numbering on South wall 3mm Alupanel Ultramarine Blue 751 Cast white vinyl graphics 30 x 30" Aluminum blind mount frame Not under review 19 Please check all spelling, numerical, and quantitative elements before approving. Approved By Date A D V E R T I S I N G Simmons Pet Food Dubuque Page 5/9: Project 3908 Exterior 72 x 48" Exterior Directional signs Oralite 5700 vinyl mounted to 3mm Alupanel Ultramarine Blue 24 square feet 19 6' Please check all spelling, numerical, and quantitative elements before approving. Approved By Date A D V E R T I S I N G Simmons Pet Food Dubuque Page 6/9: Project 3908 Exterior 72 x 36" Team member enterance sing Oralite 5700 vinyl mounted to 3mm Alupanel Ultramarine Blue single sided 18 square feet 19 6' Please check all spelling, numerical, and quantitative elements before approving. Approved By Date A D V E R T I S I N G Simmons Pet Food Dubuque Page 7/9: Project 3908 Exterior Restroom ADA 6 x 8" Not under review Please check all spelling, numerical, and quantitative elements before approving. Approved By Date LIGHTNING BOLT ADVERTISINGLB Simmons Pet Food Dubuque Page 8/9: Project 3908 Exterior Various room ADA signs 8 x 4.5" Not under review Please check all spelling, numerical, and quantitative elements before approving. Approved By Date LB A DV E R T IS ING Simmons Pet Food Dubuque Page 9/9: Project 3908 Exterior Various room ADA with name plate 8 x 6" Not under review Please check all spelling, numerical, and quantitative elements before approving. Approved By Date A D V E R T I S I N G 751 Seippel Rd CS n. 'JAG' + 1 4 Verena S eet. jk C fFe C-3 •� r, Simmons ' warehouse Tri-Stet Simmons j �. x s•" Quality `� factoryMetals O r 4r• R-1 wd l j 4 Y. +Yr .f�.� -�:+� �C.� �}a� .{.R ,}-.I.J: fT - • r �t. ..-'Ta �N AG {, X Hlc AG Dubuque Industrial Center South PUD outlined in blue, Simmons warehouse site highlighted in yellow }- AG 751 Seippel Rd IT. 4-111 y. ,o.,.:::.... Sei ppei Court ,. x vF i - �l Hy 9 v�ra, i ❑i x ,. _ "M Oblique view from north with approximate location of warehouse in orange, April 2019 imagery 751 SeiDDel Rd �� � � ! � � � I L. ._ Simmons warehouse under construction (arrows pointing to wall sign locations from previous sign permit application) Shena Moon From: Sent: To: Subject: Dianne Brehm <dimbrehm59@gmail.com> Wednesday, November 1, 2023 8:46 AM Shena Moon Zoning Request for Dubuque Sign Caution! This message was sent from outside your organization. Good Morning Shena, Allow sender I Block sender I am writing this email in SUPPORT of the request from Keith Wolff, Dubuque Sign to increase the directional signage at 751 Seippel Road, Dubuque, IA. I have talked with Mr. Wolff. He explained the reasoning for his request. I SUPPORT his request to increase the size of signage. I feel it will help with the flow and safety of trucks traveling on Seippel Road and other traffic unfamiliar with the area. Thank you, Dianne M. Brehm (owner of 12458 Cottingham Road - property adjacent to 751 Seippel Rd) 5350 Old Highway Rd. Dubuque, IA 52001 I THE CITY OF DUB t Masterpiece on the Mississippi Dubuque Planning Services Department City Hall - 50 West 13th Street MI -Merin CRy Dubuque, IA 52001-4845 (563) 589-4210 phone I I®� (563) 589-4221 fax I I (563) 690-6678 TDD planning@cityofdubuque.org 2007.2012-2013 2017*2019 October 25, 2023 TO: Zoning Advisory Commission FROM: Jason Duba, Assistant Planner SUBJECT: To amend the Dubuque Industrial Center South Planned Unit Development to increase the size of directional signage. INTRODUCTION The applicants, Dubuque Sign Company and Simmons Pet Foods, are requesting to amend the Dubuque Industrial Center South (DICS) Planned Unit Development (PUD) to allow for directional signs of up to 24 square feet, where the current limit is six square feet. BACKGROUND The DICS PUD is located west of the interchange of Highway 20 and Highway 52 at the west end of the Southwest Arterial. The district is currently home to the Simmons Pet Food factory, Tri-State Quality Metals, and Verena Street Coffee. The Simmons Pet Food warehouse is currently under construction. The PUD for the DICS was originally established in 2013 with a PI Planned Industrial designation. One amendment has been approved to the PUD since its origination to incorporate a portion of land that was annexed as part of the site for the warehouse being constructed. The applicants are now requesting to amend the current Ordinance No. 16-23 to increase the maximum area of directional signs to 24'. PUD boundary and Simmons warehouse identified in the image on the following page. Memo to Zoning Advisory Commission Page 2 F i ■,. AG CS i i•P .I _ r 7—CS, Verena Sf \ Calffee 1 - C-3c A rT E7wR - Simmons warehouse r .A Tri Scat a Simmons, ,; i Quality `o factory - Metals • ,� ',ill it PI ! #� AG Hlc l -r i AG I rL.j• C-3 1 C 3c Dubuque Industrial Center South PUD outlined in blue, Simmons warehouse site highlighted in yellow. DISCUSSION The applicants are requesting to increase the allowed area of directional signs from six square feet to 24 square feet. The Unified Development Code defines directional signs as follows: "Directional/Informational Sign: an on -premises sign identifying a premise, or an activity conducted upon such premises, and providing direction for the safe and efficient flow of vehicular or pedestrian traffic to such activity or premises. Directional signs shall include signs marking entrances, exits, parking areas, loading areas or other operational features of the premises." This application from Dubuque Sign Company and Simmons Pet Food is coming as they are developing signage for the new warehouse. They stated, "Due to the large size of this factory/warehouse with lots of trucks, vehicles, and employees coming and going, the directional signs should be larger for safety." Directional signs for this warehouse are intended to aid in the safe and efficient internal flow of trucks, goods, vehicles, and employees on the site. These signs are not for the Memo to Zoning Advisory Commission Page 2 purpose of advertising to the passing traffic. The applicant plans to install separate Company Primary Signage for the purpose of identifying the business. An amendment to the sign regulations of the DICS PUD ordinance would apply to all properties within the district. 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 the Dubuque Industrial Center South Planned Unit Development to allow 24 square foot directional signs. 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. 131h St Telephone: 589-4121 ORDINANCE NO. -23 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES UNIFIED DEVELOPMENT CODE BY RESCINDING ORDINANCE NO. 16-23 WHICH ESTABLISHED REGULATIONS FOR A PUD PLANNED UNIT DEVELOPMENT WITH A PI PLANNED INDUSTRIAL DESIGNATION AND ADOPTING AN AMENDED PUD ORDINANCE THAT INCREASES THE ALLOWABLE AREA OF DIRECTIONAL SIGNAGE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is hereby amended by rescinding Ordinance No. 16-23 and increasing the allowable area of direction signage for the property legally described below, to wit: Lot A Dubuque Industrial Center South First Addition Lot B Dubuque Industrial Center South First Addition Balance of Lot C Dubuque Industrial Center South First Addition Lot 2 Dubuque Industrial Center South First Addition Lot 3 Dubuque Industrial Center South First Addition Lot 4 Dubuque Industrial Center South First Addition Lot 5 Dubuque Industrial Center South First Addition Lot 5A Dubuque Industrial Center South First Addition Dubuque Industrial Center South Ordinance No. — 23 Page 2 Lot A Dubuque Industrial Center South Third Addition Lot 1 Dubuque Industrial Center South Third Addition Lot 2 Dubuque Industrial Center South Third Addition Lot 3 Dubuque Industrial Center South Third Addition Lot 2 of Brehm Acres Plat 3 Section 2. Attached hereto and made a part of this zoning reclassification approval is the Conceptual Development Plan for the Dubuque Industrial Center South Planned Unit Development marked Exhibit A. It is recognized that minor shifts or modifications to the general plan layout may be necessary and compatible with the need to acquire workable street patterns, grades, and usable building sites. The general plan layout, including the relationship of land uses to the general plan framework and the development requirements shall be used as the implementation guide. A) Definitions 1) Building -related Features Building -related features are defined as all construction items which rise above the grade surface of the lot. These include: 2) a) The primary building. b) All accessory or secondary buildings. c) All exterior storage areas. d) Exterior refuse collection areas. e) Exterior mechanical equipment. f) Containerized or tank storage of liquids, fuels, gases and other materials. 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. Dubuque Industrial Center South Ordinance No. — 23 Page 3 b) Driveways from the street right-of-way line to and from parking spaces. c) Loading spaces outside of the building. d) Maneuvering spaces outside the building. e) Parking spaces for company -owned commercial vehicles. f) Fire lanes. g) Railroad tracks 3) Open Space Features Open space features are defined as those exterior areas and developed features of the lot which include: a) Landscape space containing lawn areas and plantings. b) Paved, hard -surfaced pedestrian areas such as walkways, plazas, entryways and courtyards. c) Storm water management facilities not otherwise used for building -related or vehicle -related purposes. d) Open recreation areas and recreational trail. e) Other non -building and non -vehicular related space. B. Use Regulations Zone D: General Purpose and Description. Zone D is intended to provide a location for heavy industrial uses. Exterior storage is allowed, provided it is screened from view from public right-of-way. 1) Principal permitted uses shall be limited to: a) Railroad and public or quasi -public utilities. b) Corporate offices. c) Mail order houses. Dubuque Industrial Center South Ordinance No. — 23 Page 4 d) Printing and publishing. e) Laboratories for research and engineering. f) Moving/storage facilities. g) Wholesale sales/distributor. h) Freight transfer facilities. i) Fuel and ice dealers. j) Cold storage/locker plants. k) Packing and processing of meat, dairy or food products, not to include stockyards or slaughter houses. 1) Compounding, processing and package of chemical products. m) Manufacture, assembly, repair or storage of electrical and electronic products, components or equipment. n) Warehousing and storage facilities, not to include mini - warehouses. o) Manufacturing, processing, fabrication, assembling, packaging or other comparable treatment of goods or materials. 2) Conditional uses shall be limited to the following: a) Day care center, within a primary office/industrial building or as an accessory structure on the same lot. Day care centers are subject to state regulations and requirements of Article 8- 20, Licensed Child Care Center, of the Unified Development Code. 3) Accessory uses shall be limited to the following: a) Retail outlets within a primary office/industrial building, selling products produced on -site and only as accessory to the principal use. b) Any use customarily incidental and subordinate to the principal use it serves. 4) Temporary uses shall be limited to the following: Dubuque Industrial Center South Ordinance No. — 23 Page 5 Any use listed as a permitted use within the PUD District of a limited duration as established in Article 3-19 and as defined in Article 2-3 of the Unified Development Code. 5) The provision of off-street parking shall be regulated by Article 14 of the City of Dubuque's Unified Development Code. Zone O: General Purpose and Description. Zone O is intended to serve as an amenity to the industrial park, provide public areas and control of storm water to protect downstream properties. 1) Principal permitted uses shall be limited to: a) Railroads and public or quasi -public utilities. b) Parks, nature areas, playgrounds and similar recreational uses. c) Picnic areas. d) Recreational trails. e) Club houses, shelter houses, tennis courts, playground equipment, or other recreational buildings and structures when associated with parks, nature areas, playgrounds and recreational facilities. f) Construction of dams, reservoirs, detention ponds and similar storm water control facilities. 2) Conditional uses (reserved for future use). 3) Accessory uses shall be limited to the following: a) Any use customarily incidental and subordinate to the principle use it serves. 4) Temporary uses (reserved for future use). C. Lot Bulk Regulations Development of land in Zones D and O shall be regulated as follows: 1) All building structures and activities shall be located in conformance with the attached conceptual development plan and all final site development plans shall be approved in accordance with provisions of this ordinance and Article 12 of the Unified Development Code. Dubuque Industrial Center South Ordinance No. — 23 Page 6 2) All building -related features in Zones D and O shall be in accordance with the following bulk regulations chart: Minimum Lot Front Side Rear Building lot area frontage yard yard yard height in acres minimum setback setback setback maximum feet minimum minimum minimum feet feet feet feet Zone N/A N/A N/A N/A N/A N/A O Zone 2 acres 100 50 25 50 100 D 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. d) Within required front, side and rear setbacks, only driveways, fire lanes, railroad tracks, open space features and primary and secondary signage are allowed. Parking lots may encroach up to 50% into the required front yard setback. D. Parking and Loading Regulations 1) All vehicle -related features, except for railroad tracks, shall be surfaced with either asphalt or concrete. 2) All parking and loading spaces shall be delineated on the surfacing material by painted stripes or other permanent means. 3) The number, size and design of parking spaces shall be governed by applicable provisions in Articles 13 and 14 of the City of Dubuque Unified Development Code. Dubuque Industrial Center South Ordinance No. — 23 Page 7 4) The number, size and design and location of parking spaces designated for persons with disabilities shall be according to the local, state or federal requirements in effect at the time of development. 5) The location and number of private driveway intersections with public streets shall be reviewed and approved by the City Engineer. 6) No on -street maneuvering of delivery vehicles will be allowed on any street. Lots shall provide all necessary maneuvering space for delivery vehicles within the boundaries of the lots. 7) All loading docks for shipping and receiving raw and manufactured goods shall be designed to provide for the direct movement of goods between the delivery vehicle and the interior of the building. E. Exterior Storage Regulations Exterior storage shall be in accordance with the following regulations: Allowable Allowable Allowable Minimum Maximum Products Store Location Screening Opacity Height of Materials Screening Zone D Raw or finished Rear or Similar to 50% 12 feet goods; side yards building equipment color Zone O PROHIBITED 1) Exterior storage of materials, which could be blown into the air or strewn about by the wind, shall be prohibited. 2) Exterior storage, where allowed, shall not encroach into a front yard. A front yard may exceed the required front yard setback. 3) The ground area coverage of exterior storage areas shall be the area contained inside the required screening. This area shall be considered to be a building -related feature for purposes of calculating total land area coverage. 4) Exterior storage must be screened from view from adjacent public right- of-way. Dubuque Industrial Center South Ordinance No. — 23 Page 8 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. F. Exterior Trash Collection Area Requirements 1) Exterior trash collection areas shall include collection bins, dumpsters, and similar waste receptacles for the short-term storage and collection of trash. Trash shall include garbage, scrap, recyclables, debris and similar materials. 2) The storage of trash shall be limited to that produced by the principal permitted use and accessory uses of the lot. Exterior storage of trash, which could be blown into the air or strewn about by the wind, shall be prohibited. 3) The ground area coverage of exterior trash collection areas shall be the area contained inside the required screening. This area shall be considered a building -related feature for purposes of calculating total land area coverages. 4) Exterior trash collection areas shall be located in rear or side yards only. Exterior trash collection areas shall not encroach into a front yard. A front yard may exceed the required front yard setback. 5) All exterior trash collection areas and the materials contained therein shall be screened from view from the adjacent public right-of-way. Dubuque Industrial Center South Ordinance No. — 23 Page 9 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. G. Landscaping Regulations The following landscape regulations shall apply to each lot: 1) Plant Materials: The open space area of each lot shall be planted with permanent lawn and ground covers, shrubs and trees. It is the intent of these regulations that the development of required open spaces shall reflect a high quality of environmental design. 2) Landscaping: The following is the minimum requirement of trees and shrubs, by number and size, and the type of ground cover required. Street trees planted in public street right-of-way shall not be counted toward fulfillment of the minimum site requirements set forth below. Plant species to be used for landscaping shall be in accordance with the City of Dubuque Street Tree Policy. Existing trees and shrubs to be retained on -site may be counted toward fulfillment of the landscaping requirements. a) Minimum tree planting requirements for any new development in the Dubuque Industrial Center South shall be one (1) tree of the following size per 1,600 square feet of required open space: 40% minimum: 2-2 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 Dubuque Industrial Center South Ordinance No. — 23 Page 10 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 other Public Streets shall participate in the planting trees compatible in species and spacing with tree plantings, which have previously been completed by the City along Seippel Road. 6) The installation of required planting materials may be phased in direct proportion to the phasing of building construction. Required landscaping shall be installed by the date the Building Services Department issues an occupancy certificate, or if winter weather prevents planting, within six months of being issued an occupancy certificate. 7) The lot owner is required to replant any and all plant materials which have died due to any cause during the effective period of this PUD Ordinance. 8) A detailed landscape plan shall be required as part of submittal for final site development plan approval. 9) The area between the public street and the right-of-way line shall be planted with grass and maintained by the lot owner. H. Sign Regulations 1) Applicability of City of Dubuque Ordinances: The provisions of the City of Dubuque Unified Development code Article 15 Signs shall apply unless further regulated by this section. 2) Off -Premise Signs: Off -premise signs shall be prohibited. 3) On -Premise Signs: On -premise signs shall be erected or constructed in accordance with the following regulations: Dubuque Industrial Center South Ordinance No. — 23 Page 11 a) Allowable content: signs, messages, and graphics shall be limited to the following contents: 1) Industrial Center signs: limited to identification of Dubuque Industrial Center South. ■ Entrance signs ■ Directory signs 2) Company primary signs: limited to identification of uses in Zone D. ■ Identification of company name ■ Identification of company products or services ■ Graphic symbol or logo identified with the company 3) Secondary signs: Allowable in all zones. ■ Street address. ■ Directional messages necessary for the safe and efficient flow of vehicular and pedestrian traffic on the lot. ■ Identification of visitor entrances to the building, shipping and receiving docks and other delivery points. ■ Identification of assigned parking spaces and parking spaces accessible to persons with disabilities. ■ Temporary announcements of pending or new construction. ■ Commemorative messages. b) Schedule of sign regulations: allowable structure type, size, number and height shall be limited to the following requirements: Type of Sign Maximum size Maximum Number Allowable Maximum Structure Height* type Industrial Center 200 square feet per Three (3) signs Monument 12 feet Entrance Signs sign face Dubuque Industrial Center South Ordinance No. — 23 Page 12 Type of Sign Maximum size Maximum Number Allowable Maximum Structure Height* type Industrial Center 30 square feet per Three (3) signs Monument 8 feet Directory Signs sign face Company 10% of building wall 2 signs per street Wall- Below Primary Signs sign is mounted on or frontage per business mounted eave or 400 total square feet parapet of sign area, whichever is less. 150 square feet per 1 sign per business Monument 10 feet sign face restricted to interior street frontages only Secondary signs 6 24 square feet per No maximum number Wall- 10 feet sign face mounted Monument 6 feet *The height of the monument -style signs shall be measured from average grade to top of sign structures. c) Variances: Variances from sign requirements for size, number and height may be requested. Such variances shall be reviewed by the Zoning Board of Adjustment in accordance with Article 8-6 of the Unified Development Code. d) Lighting: Signs may be illuminated only by means of indirect lighting, whereby all light sources and devices are shielded from view by opaque or translucent materials, or internally illuminated by means of a light source completely enclosed by the sign panel. e) Motion: No signs may include any device or means, mechanical, electrical or natural, which shall cause any motion of the sign panel or any part thereof. No flashing lights or changing colors shall be allowed. Maintenance Assessments 1) The City will cause the construction of such improvements as the City deems appropriate in the Public Areas of this PUD District shown on the Plan. Maintenance and repair of the Public Areas and its improvements is the responsibility of the City with fifty percent (50%) of costs of such maintenance and repair assessed to and paid by the owners of property in this PUD District. Private connections to the Public Areas and the subsequent maintenance and repair of such private connections are the Dubuque Industrial Center South Ordinance No. — 23 Page 13 responsibility of each owner and may not be constructed without the prior written approval of the City. 2) The City will assess against the properties in this PUD District in each assessment year an annual assessment for the purpose of paying fifty percent (50%) of the actual costs of the City's maintenance and repair of the Public Areas and the actual costs associated with maintaining and lighting the park entrance signs. Said assessment may also include the establishment of a capital improvements reserve fund for such purposes. Upon establishment of such assessment levy, the owner of each lot must pay to the City a pro rata share (as hereinafter defined) of such assessment. The owner waives any and all rights to further notice, to object to the assessments, the amount of the assessments, the procedure for certifying the assessments or to any other rights the owner would have as provided in Iowa Code Chapter 364 and Chapter 384 and that the schedule of assessments may be certified by the City to the Dubuque County Treasurer for collection in the same manner as provided in Iowa Code Chapter 364 and Chapter 384. 3) If such pro rata share is not paid within thirty (30) days after its due date, the owner agrees that that amount of such pro rata share will become a lien upon the lot obligated to pay the same and will bear interest from the due date at the highest legal contract rate applicable to a natural person. The owner further agrees that the City may bring an action at law against any owner obligated to pay the same, or foreclose the lien against the lot. The owner agrees that the owner is also obligated to reimburse the City for the City's costs and reasonable attorney's fees of any collection efforts. The owner agrees that the owner may not waive or otherwise avoid liability for an assessment provided herein by non-use of the Public Areas or abandonment of a lot. 4) An owner's pro rata share is equal to a fraction, the numerator of which is the gross square feet area of the lot or lots owned by the owner and the denominator of which is the gross square feet area of all lots in this PUD District exclusive of the Public Areas and public rights -of -way. J. Performance Standards The development and maintenance of uses in this PUD District shall be established in conformance with the following standards Dubuque Industrial Center South Ordinance No. — 23 Page 14 1) Platting: The conceptual development plan shall serve as the preliminary plat for this PUD District. Subdivision plats and improvement plans shall be submitted in accordance with Article 11. Land Subdivision, of the City of Dubuque Unified Development Code. 2) Site Plans: Final site development plans shall be submitted in accordance with Article 12 Site Plans and Article 13 Site Design Standards prior to construction of each building and vehicle -related feature unless otherwise exempted by Article 12. 3) Storm Water Conveyance: The developer of each lot shall be responsible for providing surface or subsurface conveyance(s) of storm water from the lot to existing storm sewers or to flow line of open drainage ways outside the lot in a means that is satisfactory to the Engineering Department of the City of Dubuque. Other applicable regulations enforced by the City of Dubuque relative to storm water management and drainage shall apply to properties in the PUD District. 4) Noises: Noises generated within the PUD District shall be regulated by Chapter 33, Article IV, Noises, of the City of Dubuque Code of Ordinances. 5) Flood Plain Regulations: The area of the PUD District that lies within the flood plain of Catfish Creek shall be subject to the regulations of Article 6-4 of the Unified Development Code. 6) Phased construction of buildings and parking spaces: The construction of off-street parking spaces may be phased in proportion to the percentage of total building floor area constructed at any one time. Ground area set aside for future parking, loading spaces or driveways or for parking provided in excess of the minimum required number of parking spaces shall not reduce the minimum required area for open space. 7) Other Codes and Regulations: These regulations do not relieve an owner from other applicable City, County, State or Federal Codes, regulations, laws and other controls relative to the planning, construction, operation and management of property in the PUD District. K. Ordinance History 1) Ord. 2-13: reclassifying hereinafter described property located north and south of Seippel Road and north of U.S. Highway 20 from AG Agricultural District to PUD Planned Unit Development with a PI Planned Industrial designation for the Dubuque Industrial Center South. Dubuque Industrial Center South Ordinance No. — 23 Page 15 2) Ord.16-23: an amendment to the Planned Unit Development that expands the district by incorporating an additional parcel of land. 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 Article 9-5 of the Unified Development Code. N. Recording A copy of this ordinance shall be recorded at the expense of the property owner(s) with the Dubuque County Recorder a permanent record of the conditions accepted as part of this reclassification approval within ten (10) days after the adoption of this ordinance. This ordinance shall be binding upon the undersigned and his/her heirs, successors and assigns. Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 4. This Ordinance shall take effect upon publication as provided by law. Passed, approved and adopted this day of 2023. Brad M. Cavanagh, Mayor: Attest: Adrienne N. Breitfelder, City Clerk Prepared by: Wally Wernimont, City Planner Address: City Hall, 50 W. 13th St Telephone: 589-4210 Return to: Adrienne Breitfelder, City Clerk Address: City Hall, 50 W. 131h St Telephone: 589-4121 ORDINANCE NO. 48-23 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES UNIFIED DEVELOPMENT CODE BY RESCINDING ORDINANCE NO. 16-23 WHICH ESTABLISHED REGULATIONS FOR A PUD PLANNED UNIT DEVELOPMENT WITH A PI PLANNED INDUSTRIAL DESIGNATION AND ADOPTING AN AMENDED PUD ORDINANCE THAT INCREASES THE ALLOWABLE AREA OF DIRECTIONAL SIGNAGE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is hereby amended by rescinding Ordinance No. 16-23 and increasing the allowable area of direction signage for the property legally described below, to wit: Lot A Dubuque Industrial Center South First Addition Lot B Dubuque Industrial Center South First Addition Balance of Lot C Dubuque Industrial Center South First Addition Lot 2 Dubuque Industrial Center South First Addition Lot 3 Dubuque Industrial Center South First Addition Lot 4 Dubuque Industrial Center South First Addition Lot 5 Dubuque Industrial Center South First Addition Lot 5A Dubuque Industrial Center South First Addition Dubuque Industrial Center South Ordinance No. 48 — 23 Page 2 Lot A Dubuque Industrial Center South Third Addition Lot 1 Dubuque Industrial Center South Third Addition Lot 2 Dubuque Industrial Center South Third Addition Lot 3 Dubuque Industrial Center South Third Addition Lot 2 of Brehm Acres Plat 3 Section 2. Attached hereto and made a part of this zoning reclassification approval is the Conceptual Development Plan for the Dubuque Industrial Center South Planned Unit Development marked Exhibit A. It is recognized that minor shifts or modifications to the general plan layout may be necessary and compatible with the need to acquire workable street patterns, grades, and usable building sites. The general plan layout, including the relationship of land uses to the general plan framework and the development requirements shall be used as the implementation guide. A) Definitions 1) Building -related Features Building -related features are defined as all construction items which rise above the grade surface of the lot. These include: a) The primary building. b) All accessory or secondary buildings. c) All exterior storage areas. d) Exterior refuse collection areas. e) Exterior mechanical equipment. f) Containerized or tank storage of liquids, fuels, gases and other materials. 2) Vehicle -related Features Vehicle -related features are defined as all areas used for the movement and parking of all vehicles within the lot. These include: a) Employee and visitor parking spaces. Dubuque Industrial Center South Ordinance No. 48 — 23 Page 3 b) Driveways from the street right-of-way line to and from parking spaces. c) Loading spaces outside of the building. d) Maneuvering spaces outside the building. e) Parking spaces for company -owned commercial vehicles. f) Fire lanes. g) Railroad tracks 3) Open Space Features Open space features are defined as those exterior areas and developed features of the lot which include: a) Landscape space containing lawn areas and plantings. b) Paved, hard -surfaced pedestrian areas such as walkways, plazas, entryways and courtyards. c) Storm water management facilities not otherwise used for building -related or vehicle -related purposes. d) Open recreation areas and recreational trail. e) Other non -building and non -vehicular related space. B. Use Regulations Zone D: Genera! Purpose and Description. Zone D is intended to provide a location for heavy industrial uses. Exterior storage is allowed, provided it is screened from view from public right-of-way. 1 j Principal permitted uses shall be limited to: a) Railroad and public or quasi -public utilities. b) Corporate offices. c) Mail order houses. Dubuque Industrial Center South Ordinance No. 48 — 23 Page 4 d) Printing and publishing. e) Laboratories for research and engineering. f) Moving/storage facilities. g) Wholesale sales/distributor. h) Freight transfer facilities. i) Fuel and ice dealers. j) Cold storage/locker plants. k) Packing and processing of meat, dairy or food products, not to include stockyards or slaughter houses. 1) Compounding, processing and package of chemical products. m) Manufacture, assembly, repair or storage of electrical and electronic products, components or equipment. n) Warehousing and storage facilities, not to include mini - warehouses, o) Manufacturing, processing, fabrication, assembling, packaging or other comparable treatment of goods or materials. 2) Conditional uses shall be limited to the following: a) Day care center, within a primary office/industrial building or as an accessory structure on the same lot. Day care centers are subject to state regulations and requirements of Article 8- 20, Licensed Child Care Center, of the Unified Development Code. 3) Accessory uses shall be limited to the following: a) Retail outlets within a primary office/industrial building, selling products produced on -site and only as accessory to the principal use. b) Any use customarily incidental and subordinate to the principal use it serves. 4) Temporary uses shall be limited to the following: Dubuque Industrial Center South Ordinance No. 48 — 23 Page 5 Any use listed as a permitted use within the PUD District of a limited duration as established in Article 3-19 and as defined in Article 2-3 of the Unified Development Code. 5) The provision of off-street parking shall be regulated by Article 14 of the City of Dubuque's Unified Development Code. Zone O: General Purpose and Description. Zone O is intended to serve as an amenity to the industrial park, provide public areas and control of storm water to protect downstream properties. 1) Principal permitted uses shall be limited to: a) Railroads and public or quasi -public utilities. b) Parks, nature areas, playgrounds and similar recreational uses. c) Picnic areas. d) Recreational trails. e) Club houses, shelter houses, tennis courts, playground equipment, or other recreational buildings and structures when associated with parks, nature areas, playgrounds and recreational facilities. f) Construction of dams, reservoirs, detention ponds and similar storm water control facilities. 2) Conditional uses (reserved for future use). 3) Accessory uses shall be limited to the following: a) Any use customarily incidental and subordinate to the principle use it serves. 4) Temporary uses (reserved for future use). C. Lot Bulk Regulations Development of land in Zones D and O shall be regulated as follows: 1) All building structures and activities shall be located in conformance with the attached conceptual development plan and all final site development plans shall be approved in accordance with provisions of this ordinance and Article 12 of the Unified Development Code. Dubuque Industrial Center South Ordinance No. 48 — 23 Page 6 2) All building -related features in Zones D and O shall be in accordance with the following bulk regulations chart: Minimum Lot Front Side Rear Building lot area frontage yard yard yard height in acres minimum setback setback setback maximum feet minimum minimum minimum feet feet feet feet Zone NIA NIA NIA NIA NIA NIA O Zone 2 acres 100 50 25 50 100 D a) Lots smaller than minimum will be allowed if the parcel is consolidated or combined with a larger lot. Substations for public and quasi -public utilities shall be exempt from lot frontage and lot area requirements. b) Maximum lot coverage shall be 80 percent. All building and vehicle related features shall be considered when calculating total land area coverage, except fire lanes and railroad tracks. c) Maximum building height shall be as stipulated in the bulk regulations chart above, except the following may exceed the height limit: cooling towers, condensers, elevator bulkheads, stacks and other necessary mechanical equipment and their protective housing. Heating, ventilating and air conditioning (HVAC) equipment is limited to 10 feet above height limitation. d) Within required front, side and rear setbacks, only driveways, fire lanes, railroad tracks, open space features and primary and secondary signage are allowed. Parking lots may encroach up to 50% into the required front yard setback. D. Parking and Loading Regulations 1) All vehicle -related features, except for railroad tracks, shall be surfaced with either asphalt or concrete. 2) All parking and loading spaces shall be delineated on the surfacing material by painted stripes or other permanent means. 3) The number, size and design of parking spaces shall be governed by applicable provisions in Articles 13 and 14 of the City of Dubuque Unified Development Code. Dubuque Industrial Center South Ordinance No. 48 — 23 Page 7 4) The number, size and design and location of parking spaces designated for persons with disabilities shall be according to the local, state or federal requirements in effect at the time of development. 5) The location and number of private driveway intersections with public streets shall be reviewed and approved by the City Engineer. 6) No on -street maneuvering of delivery vehicles will be allowed on any street. Lots shall provide all necessary maneuvering space for delivery vehicles within the boundaries of the lots. 7) All loading docks for shipping and receiving raw and manufactured goods shall be designed to provide for the direct movement of goods between the delivery vehicle and the interior of the building. E. Exterior Storage Regulations Exterior storage shall be in accordance with the following regulations: Allowable Allowable Allowable Minimum Maximum Products Store Location Screening Opacity Height of Materials Screening Zone D Raw or finished Rear or Similar to 50% 12 feet goods; side yards building equipment color Zone O PROHIBITED 1) Exterior storage of materials, which could be blown into the air or strewn about by the wind, shall be prohibited. 2) Exterior storage, where allowed, shall not encroach into a front yard. A front yard may exceed the required front yard setback. 3) The ground area coverage of exterior storage areas shall be the area contained inside the required screening. This area shall be considered to be a building -related feature for purposes of calculating total land area coverage. 4) Exterior storage must be screened from view from adjacent public right- of-way. Dubuque Industrial Center South Ordinance No. 48 — 23 Page 8 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. F. Exterior Trash Collection Area Requirements 1) Exterior trash collection areas shall include collection bins, dumpsters, and similar waste receptacles for the short-term storage and collection of trash. Trash shall include garbage, scrap, recyclables, debris and similar materials. 2) The storage of trash shall be limited to that produced by the principal permitted use and accessory uses of the lot. Exterior storage of trash, which could be blown into the air or strewn about by the wind, shall be prohibited. 3) The ground area coverage of exterior trash collection areas shall be the area contained inside the required screening. This area shall be considered a building -related feature for purposes of calculating total land area coverages. 4) Exterior trash collection areas shall be located in rear or side yards only. Exterior trash collection areas shall not encroach into a front yard. A front yard may exceed the required front yard setback. 5) All exterior trash collection areas and the materials contained therein shall be screened from view from the adjacent public right-of-way. Dubuque Industrial Center South Ordinance No. 48 — 23 Page 9 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. G. Landscaping Regulations The following landscape regulations shall apply to each lot: 1) Plant Materials: The open space area of each lot shall be planted with permanent lawn and ground covers, shrubs and trees. It is the intent of these regulations that the development of required open spaces shall reflect a high quality of environmental design. 2) Landscaping: The following is the minimum requirement of trees and shrubs, by number and size, and the type of ground cover required. Street trees planted in public street right-of-way shall not be counted toward fulfillment of the minimum site requirements set forth below. Plant species to be used for landscaping shall be in accordance with the City of Dubuque Street Tree Policy. Existing trees and shrubs to be retained on -site may be counted toward fulfillment of the landscaping requirements. a) Minimum tree planting requirements for any new development in the Dubuque Industrial Center South shall be one (1) tree of the following size per 1,600 square feet of required open space: 40% minimum: 2-2 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 Dubuque Industrial Center South Ordinance No. 48 — 23 Page 10 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 other Public Streets shall participate in the planting trees compatible in species and spacing with tree plantings, which have previously been completed by the City along Seippel Road. 6) The installation of required planting materials may be phased in direct proportion to the phasing of building construction. Required landscaping shall be installed by the date the Building Services Department issues an occupancy certificate, or if winter weather prevents planting, within six months of being issued an occupancy certificate. 7) The lot owner is required to replant any and all plant materials which have died due to any cause during the effective period of this PUD Ordinance. 8) A detailed landscape plan shall be required as part of submittal for final site development plan approval. 9) The area between the public street and the right-of-way line shall be planted with grass and maintained by the lot owner. H. Sign Regulations 1) Applicability of City of Dubuque Ordinances: The provisions of the City of Dubuque Unified Development code Article 15 Signs shall apply unless further regulated by this section. 2) Off -Premise Signs: Off -premise signs shall be prohibited. 3) On -Premise Signs: On -premise signs shall be erected or constructed in accordance with the following regulations: Dubuque Industrial Center South Ordinance No. 48 — 23 Page 11 a) Allowable content: signs, messages, and graphics shall be limited to the following contents- 1) Industrial Center signs: limited to identification of Dubuque Industrial Center South. ■ Entrance signs ■ Directory signs 2) Company primary signs: limited to identification of uses in Zone D. ■ Identification of company name ■ Identification of company products or services ■ Graphic symbol or logo identified with the company 3) Secondary signs: Allowable in all zones. ■ Street address. ■ Directional messages necessary for the safe and efficient flow of vehicular and pedestrian traffic on the lot. ■ Identification of visitor entrances to the building, shipping and receiving docks and other delivery points. ■ Identification of assigned parking spaces and parking spaces accessible to persons with disabilities. • Temporary announcements of pending or new construction. ■ Commemorative messages. b) Schedule of sign regulations: allowable structure type, size, number and height shall be limited to the following requirements: Type of Sign Maximum size Maximum Number Allowable Maximum Structure Height* type Industrial Center 200 square feet per Three (3) signs Monument 12 feet Entrance Signs sign face Dubuque Industrial Center South Ordinance No. 48 — 23 Page 12 Type of Sign Maximum size Maximum Number Allowable Maximum Structure Height* type Industrial Center 30 square feet per Three (3) signs Monument 8 feet Directory Signs si n face Company 10% of building wall 2 signs per street Wall- Below Primary Signs sign is mounted on or frontage per business mounted eave or 400 total square feet parapet of sign area, whichever is less. 150 square feet per 1 sign per business Monument 10 feet sign face restricted to interior street frontages only Secondary signs 24 square feet per No maximum number Wall- 10 feet sign face mounted Monument 5 feet *The height of the monument -style signs shall be measured from average grade to top of sign structures. c} Variances: Variances from sign requirements for size, number and height may be requested. Such variances shall be reviewed by the Zoning Board of Adjustment in accordance with Article 8-6 of the Unified Development Code. d} Lighting: Signs may be illuminated only by means of indirect lighting, whereby all light sources and devices are shielded from view by opaque or translucent materials, or internally illuminated by means of a light source completely enclosed by the sign panel. e} Motion: No signs may include any device or means, mechanical, electrical or natural, which shall cause any motion of the sign panel or any part thereof. No flashing lights or changing colors shall be allowed. Maintenance Assessments 1 } The City will cause the construction of such improvements as the City deems appropriate in the Public Areas of this PUD District shown on the Plan. Maintenance and repair of the Public Areas and its improvements is the responsibility of the City with fifty percent (50%) of costs of such maintenance and repair assessed to and paid by the owners of property in this PUD District. Private connections to the Public Areas and the subsequent maintenance and repair of such private connections are the Dubuque Industrial Center South Ordinance No. 48 — 23 Page 13 responsibility of each owner and may not be constructed without the prior written approval of the City. 2) The City will assess against the properties in this PUD District in each assessment year an annual assessment for the purpose of paying fifty percent (50%) of the actual costs of the City's maintenance and repair of the Public Areas and the actual costs associated with maintaining and lighting the park entrance signs. Said assessment may also include the establishment of a capital improvements reserve fund for such purposes. Upon establishment of such assessment levy, the owner of each lot must pay to the City a pro rata share (as hereinafter defined) of such assessment. The owner waives any and all rights to further notice, to object to the assessments, the amount of the assessments, the procedure for certifying the assessments or to any other rights the owner would have as provided in Iowa Code Chapter 364 and Chapter 384 and that the schedule of assessments may be certified by the City to the Dubuque County Treasurer for collection in the same manner as provided in Iowa Code Chapter 364 and Chapter 384. 3) if such pro rats share is not paid within thirty (30) days after its due date, the owner agrees that that amount of such pro rata share will become a lien upon the lot obligated to pay the same and will bear interest from the due date at the highest legal contract rate applicable to a natural person. The owner further agrees that the City may bring an action at law against any owner obligated to pay the same, or foreclose the lien against the lot. The owner agrees that the owner is also obligated to reimburse the City for the City's costs and reasonable attorney's fees of any collection efforts. The owner agrees that the owner may not waive or otherwise avoid liability for an assessment provided herein by non-use of the Public Areas or abandonment of a lot. 4) An owner's pro rata share is equal to a fraction, the numerator of which is the gross square feet area of the lot or lots owned by the owner and the denominator of which is the gross square feet area of all lots in this PUD District exclusive of the Public Areas and public rights -of -way. J. Performance Standards The development and maintenance of uses in this PUD District shall be established in conformance with the following standards Dubuque Industrial Center South Ordinance No. 48 — 23 Page 14 1) Platting: The conceptual development plan shall serve as the preliminary plat for this PUD District. Subdivision plats and improvement plans shall be submitted in accordance with Article 11. Land Subdivision, of the City of Dubuque Unified Development Code. 2) Site Plans: Final site development plans shall be submitted in accordance with Article 12 Site Plans and Article 13 Site Design Standards prior to construction of each building and vehicle -related feature unless otherwise exempted by Article 12. 3) Storm Water Conveyance: The developer of each lot shall be responsible for providing surface or subsurface conveyance(s) of storm water from the lot to existing storm sewers or to flow line of open drainage ways outside the lot in a means that is satisfactory to the Engineering Department of the City of Dubuque. Other applicable regulations enforced by the City of Dubuque relative to storm water management and drainage shall apply to properties in the PUD District. 4) Noises: Noises generated within the PUD District shall be regulated by Chapter 33, Article IV, Noises, of the City of Dubuque Code of Ordinances. 5) Flood Plain Regulations: The area of the PUD District that lies within the flood plain of Catfish Creek shall be subject to the regulations of Article 6-4 of the Unified Development Code. 6) Phased construction of buildings and parking spaces: The construction of off-street parking spaces may be phased in proportion to the percentage of total building floor area constructed at any one time. Ground area set aside for future parking, loading spaces or driveways or for parking provided in excess of the minimum required number of parking spaces shall not reduce the minimum required area for open space. 7) Other Codes and Regulations: These regulations do not relieve an owner from other applicable City, County, State or Federal Codes, regulations, laws and other controls relative to the planning, construction, operation and management of property in the PUD District. K. Ordinance History 1) Ord. 2-13: reclassifying hereinafter described property located north and south of Seippel Road and north of U.S. Highway 20 from AG Agricultural District to PUD Planned Unit Development with a Pl Planned Industrial designation for the Dubuque Industrial Center South. Dubuque Industrial Center South Ordinance No. 48 — 23 Page 15 2) Ord.16-23: an amendment to the Planned Unit Development that expands the district by incorporating an additional parcel of land. 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 Article 9-5 of the Unified Development Code. N. Recording A copy of this ordinance shall be recorded at the expense of the property owner(s) with the Dubuque County Recorder a permanent record of the conditions accepted as part of this reclassification approval within ten (10) days after the adoption of this ordinance. This ordinance shall be binding upon the undersigned and his/her heirs, successors and assigns. Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 4. This Ordinance shall take effect upon publication as provided by law. Passed, approved and adopted this 20th day of November 2023. Cava�he ayor: Attest: &il fleA&61 Adrienne N. Breitfelder, City Clerk IIIIII Illlil Ili IIIII IIIII IIIII IIIII IIIII I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Doc ID: 011166910016 Type: GEN Kind: ORDINANCE Recorded: 11/21/2023 at 04:16:48 PM Fee Amt: $82.00 Paqe 1 of 16 Dubuque County Iowa Karol Kennedy Recorder File2023-00011064 Prepared by: Wally Wernimont, City Planner Address: City Hall, 50 W. 13th St Telephone: 5894210 Return to: Adrienne Breitfelder, City Clerk Address: City Hall, 50 W. 131' St Telephone: 589-4121 ORDINANCE NO.48-23 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES UNIFIED DEVELOPMENT CODE BY RESCINDING ORDINANCE NO. 16-23 WHICH ESTABLISHED REGULATIONS FOR A PUD PLANNED UNIT DEVELOPMENT WITH A PI PLANNED INDUSTRIAL DESIGNATION AND ADOPTING AN AMENDED PUD ORDINANCE THAT INCREASES THE ALLOWABLE AREA OF DIRECTIONAL SIGNAGE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is hereby amended by rescinding Ordinance No. 16-23 and increasing the allowable area of direction signage for the property legally described below, to wit: Lot A Dubuque Industrial Center South First Addition Lot B Dubuque Industrial Center South First Addition Balance of Lot C Dubuque Industrial Center South First Addition Lot 2 Dubuque Industrial Center South First Addition Lot 3 Dubuque Industrial Center South First Addition Lot 4 Dubuque Industrial Center South First Addition Lot 5 Dubuque Industrial Center South First Addition Lot 5A Dubuque Industrial Center South First Addition City Planning 82°° Dubuque Industrial Center South Ordinance No. 48 — 23 Page 2 Lot A Dubuque Industrial Center South Third Addition Lot 1 Dubuque Industrial Center South Third Addition Lot 2 Dubuque Industrial Center South Third Addition Lot 3 Dubuque Industrial Center South Third Addition Lot 2 of Brehm Acres Plat 3 Section 2. Attached hereto and made a part of this zoning reclassification approval is the Conceptual Development Plan for the Dubuque Industrial Center South Planned Unit Development marked Exhibit A. It is recognized that minor shifts or modifications to the general plan layout may be necessary and compatible with the need to acquire workable street patterns, grades, and usable building sites. The general plan layout, including the relationship of land uses to the general plan framework and the development requirements shall be used as the implementation guide. A) Definitions 1 } Building -related Features Building -related features are defined as all construction items which rise above the grade surface of the lot. These include: a) The primary building. b) All accessory or secondary buildings. c) All exterior storage areas. d) Exterior refuse collection areas. e) Exterior mechanical equipment. f) Containerized or tank storage of liquids, fuels, gases and other materials. 2) Vehicle -related Features Vehicle -related features are defined as all areas used for the movement and parking of all vehicles within the lot. These include: a) Employee and visitor parking spaces. Dubuque Industrial Center South Ordinance No. 48 — 23 Page 3 b) Driveways from the street right-of-way line to and from parking spaces. c) Loading spaces outside of the building. d) Maneuvering spaces outside the building. e) Parking spaces for company -owned commercial vehicles. f) Fire lanes. g) Railroad tracks 3) Open Space Features Open space features are defined as those exterior areas and developed features of the lot which include: a) Landscape space containing lawn areas and plantings. b) Paved, hard -surfaced pedestrian areas such as walkways, plazas, entryways and courtyards. c) Storm water management facilities not otherwise used for building -related or vehicle -related purposes. d) Open recreation areas and recreational trail. e) Other non -building and non -vehicular related space. B. Use Regulations Zone D: Genera! Purpose and Description. Zone D is intended to provide a location for heavy industrial uses. Exterior storage is allowed, provided it is screened from view from public right-of-way. 1) Principal permitted uses shall be limited to: a) Railroad and public or quasi -public utilities. b) Corporate offices. c) Mail order houses. Dubuque Industrial Center South Ordinance No. 48 — 23 Page 4 d) Printing and publishing. e) Laboratories for research and engineering. f) Moving/storage facilities. g) Wholesale sales/distributor. h) Freight transfer facilities. i) Fuel and ice dealers. j) Cold storage/locker plants. k) Packing and processing of meat, dairy or food products, not to include stockyards or slaughter houses. 1) Compounding, processing and package of chemical products. m) Manufacture, assembly, repair or storage of electrical and electronic products, components or equipment. n) Warehousing and storage facilities, not to include mini - warehouses. o) Manufacturing, processing, fabrication, assembling, packaging or other comparable treatment of goods or materials. 2) Conditional uses shall be limited to the following: a) Day care center, within a primary office/industrial building or as an accessory structure on the same lot. Day care centers are subject to state regulations and requirements of Article 8- 20, Licensed Child Care Center, of the Unified Development Code. 3) Accessory uses shall be limited to the following: a) Retail outlets within a primary office/industrial building, selling products produced on -site and only as accessory to the principal use. b) Any use customarily incidental and subordinate to the principal use it serves. 4) Temporary uses shall be limited to the following: Dubuque Industrial Center South Ordinance No. 48 — 23 Page 5 Any use listed as a permitted use within the PUD District of a limited duration as established in Article 3-19 and as defined in Article 2-3 of the Unified Development Code. 5) The provision of off-street parking shall be regulated by Article 14 of the City of Dubuque's Unified Development Code. Zone O: General Purpose and Description. Zone O is intended to serve as an amenity to the industrial park, provide public areas and control of storm water to protect downstream properties. 1) Principal permitted uses shall be limited to: a) Railroads and public or quasi -public utilities. b) Parks, nature areas, playgrounds and similar recreational uses. c) Picnic areas. d) Recreational trails. e) Club houses, shelter houses, tennis courts, playground equipment, or other recreational buildings and structures when associated with parks, nature areas, playgrounds and recreational facilities. f) Construction of dams, reservoirs, detention ponds and similar storm water control facilities. 2) Conditional uses (reserved for future use). 3) Accessory uses shall be limited to the following: a) Any use customarily incidental and subordinate to the principle use it serves. 4) Temporary uses (reserved for future use). C. Lot Bulk Regulations Development of land in Zones D and O shall be regulated as follows: 1) All building structures and activities shall be located in conformance with the attached conceptual development plan and all final site development plans shall be approved in accordance with provisions of this ordinance and Article 12 of the Unified Development Code. Dubuque Industrial Center South Ordinance No. 48 — 23 Page 6 2) All building -related features in Zones D and O shall be in accordance with the following bulk regulations chart: Minimum Lot Front Side Rear Building lot area frontage yard yard yard height in acres minimum setback setback setback maximum feet minimum minimum minimum feet feet feet feet Zone N/A N/A N/A N/A N/A N/A O Zone 2 acres 100 50 25 50 100 D 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. d) Within required front, side and rear setbacks, only driveways, fire lanes, railroad tracks, open space features and primary and secondary signage are allowed. Parking lots may encroach up to 50% into the required front yard setback. D. Parking and Loading Regulations 1) All vehicle -related features, except for railroad tracks, shall be surfaced with either asphalt or concrete. 2) All parking and loading spaces shall be delineated on the surfacing material by painted stripes or other permanent means. 3) The number, size and design of parking spaces shall be governed by applicable provisions in Articles 13 and 14 of the City of Dubuque Unified Development Code. Dubuque Industrial Center South Ordinance No. 48 — 23 Page 7 4) The number, designated for local, state o! development. ;iZe and design and location of parking spaces persons with disabilities shall be according to the federal requirements in effect at the time of 5) The location and number of private driveway intersections with public streets shall be reviewed and approved by the City Engineer. 6) No on -street maneuvering of delivery vehicles will be allowed on any street. Lots shall provide all necessary maneuvering space for delivery vehicles within the boundaries of the lots. 7) All loading docks for shipping and receiving raw and manufactured goods shall be designed to provide for the direct movement of goods between the delivery vehicle and the interior of the building. E. Exterior Storage Regulations Exterior storage shall be in accordance with the following regulations: Allowable Allowable Allowable Minimum Maximum Products Store Location Screening Opacity Height of Materials Screening Zone D Raw or finished Rear or Similar to 50% 12 feet goods; side yards building equipment color Zone O PROHIBITED 1) Exterior storage of materials, which could be blown into the air or strewn about by the wind, shall be prohibited. 2) Exterior storage, where allowed, shall not encroach into a front yard. A front yard may exceed the required front yard setback. 3) The ground area coverage of exterior storage areas shall be the area contained inside the required screening. This area shall be considered to be a building -related feature for purposes of calculating total land area coverage. 4) Exterior storage must be screened from view from adjacent public right- of-way. Dubuque Industrial Center South Ordinance No. 48 — 23 Page 8 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. F. Exterior Trash Collection Area Requirements 1) Exterior trash collection areas shall include collection bins, dumpsters, and similar waste receptacles for the short-term storage and collection of trash. Trash shall include garbage, scrap, recyclables, debris and similar materials. 2) The storage of trash shall be limited to that produced by the principal permitted use and accessory uses of the lot. Exterior storage of trash, which could be blown into the air or strewn about by the wind, shall be prohibited. 3) The ground area coverage of exterior trash collection areas shall be the area contained inside the required screening. This area shall be considered a building -related feature for purposes of calculating total land area coverages. 4) Exterior trash collection areas shall be located in rear or side yards only. Exterior trash collection areas shall not encroach into a front yard. A front yard may exceed the required front yard setback. 5) All exterior trash collection areas and the materials contained therein shall be screened from view from the adjacent public right-of-way. Dubuque Industrial Center South Ordinance No. 48 — 23 Page 9 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. G. Landscaping Regulations The following landscape regulations shall apply to each lot: 1) Plant Materials: The open space area of each lot shall be planted with permanent lawn and ground covers, shrubs and trees. It is the intent of these regulations that the development of required open spaces shall reflect a high quality of environmental design. 2) Landscaping: The following is the minimum requirement of trees and shrubs, by number and size, and the type of ground cover required. Street trees planted in public street right-of-way shall not be counted toward fulfillment of the minimum site requirements set forth below. Plant species to be used for landscaping shall be in accordance with the City of Dubuque Street Tree Policy. Existing trees and shrubs to be retained on -site may be counted toward fulfillment of the landscaping requirements. a) Minimum tree planting requirements for any new development in the Dubuque Industrial Center South shall be one (1) tree of the following size per 1,600 square feet of required open space: 40% minimum: 2-2 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 Dubuque Industrial Center South Ordinance No. 48 — 23 Page 10 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 other Public Streets shall participate in the planting trees compatible in species and spacing with tree plantings, which have previously been completed by the City along Seippel Road. 6) The installation of required planting materials may be phased in direct proportion to the phasing of building construction. Required landscaping shall be installed by the date the Building Services Department issues an occupancy certificate, or if winter weather prevents planting, within six months of being issued an occupancy certificate. 7) The lot owner is required to replant any and all plant materials which have died due to any cause during the effective period of this PUD Ordinance. 8) A detailed landscape plan shall be required as part of submittal for final site development plan approval. 9) The area between the public street and the right-of-way line shall be planted with grass and maintained by the lot owner. H. Sign Regulations 1) Applicability of City of Dubuque Ordinances: The provisions of the City of Dubuque Unified Development code Article 15 Signs shall apply unless further regulated by this section. 2) Off -Premise Signs: Off -premise signs shall be prohibited. 3) On -Premise Signs: On -premise signs shall be erected or constructed in accordance with the following regulations: Dubuque Industrial Center South Ordinance No. 48 — 23 Page 11 a) Allowable content: signs, messages, and graphics shall be limited to the following contents: 1) Industrial Center signs: limited to identification of Dubuque Industrial Center South. • Entrance signs ■ Directory signs 2) Company primary signs: limited to identification of uses in Zone D. • Identification of company name ■ Identification of company products or services • Graphic symbol or logo identified with the company 3) Secondary signs: Allowable in all zones. ■ Street address. ■ Directional messages necessary for the safe and efficient flow of vehicular and pedestrian traffic on the lot. • Identification of visitor entrances to the building, shipping and receiving docks and other delivery points. ■ Identification of assigned parking spaces and parking spaces accessible to persons with disabilities. • Temporary announcements of pending or new construction. ■ Commemorative messages. b) Schedule of sign regulations: allowable structure type, size, number and height shall be limited to the following requirements: Type of Sign Maximum size Maximum Number Allowable Maximum Structure Height* type Industrial Center 200 square feet per Three (3) signs Monument 12 feet Entrance Signs sign face Dubuque Industrial Center South Ordinance No. 48 — 23 Page 12 Type of Sign Maximum size Maximum Number Allowable Maximum Structure Height* type Industrial Center 30 square feet per Three (3) signs Monument 8 feet Directory_S4ns sign face Company 10% of building wall 2 signs per street Wall- Below Primary Signs sign is mounted on or frontage per business mounted eave or 400 total square feet parapet of sign area, whichever is less. 150 square feet per _ 1 sign per business Monument 10 feet sign face restricted to interior street frontages only Secondary signs _ 24 square feet per No maximum number Wall- 10 feet sign face mounted Monument 6 feet "The height of the monument -style signs shall be measured from average grade to top of sign structures. c) Variances: Variances from sign requirements for size, number and height may be requested. Such variances shall be reviewed by the Zoning Board of Adjustment in accordance with Article 8-6 of the Unified Development Code. d) Lighting: Signs may be illuminated only by means of indirect lighting, whereby all light sources and devices are shielded from view by opaque or translucent materials, or internally illuminated by means of a light source completely enclosed by the sign panel. e) Motion: No signs may include any device or means, mechanical, electrical or natural, which shall cause any motion of the sign panel or any part thereof. No flashing lights or changing colors shall be allowed. Maintenance Assessments 1) The City will cause the construction of such improvements as the City deems appropriate in the Public Areas of this PUD District shown on the Plan. Maintenance and repair of the Public Areas and its improvements is the responsibility of the City with fifty percent (50%) of costs of such maintenance and repair assessed to and paid by the owners of property in this PUD District. Private connections to the Public Areas and the subsequent maintenance and repair of such private connections are the Dubuque Industrial Center South Ordinance No. 48 — 23 Page 13 responsibility of each owner and may not be constructed without the prior written approval of the City. 2) The City will assess against the properties in this PUD District in each assessment year an annual assessment for the purpose of paying fifty percent (50%) of the actual costs of the City's maintenance and repair of the Public Areas and the actual costs associated with maintaining and lighting the park entrance signs. Said assessment may also include the establishment of a capital improvements reserve fund for such purposes. Upon establishment of such assessment levy, the owner of each lot must pay to the City a pro rata share (as hereinafter defined) of such assessment. The owner waives any and all rights to further notice, to object to the assessments, the amount of the assessments, the procedure for certifying the assessments or to any other rights the owner would have as provided in Iowa Code Chapter 364 and Chapter 384 and that the schedule of assessments may be certified by the City to the Dubuque County Treasurer for collection in the same manner as provided in Iowa Code Chapter 364 and Chapter 384. 3) If such pro rata share is not paid within thirty (30) days after its due date, the owner agrees that that amount of such pro rata share will become a lien upon the lot obligated to pay the same and will bear interest from the due date at the highest legal contract rate applicable to a natural person. The owner further agrees that the City may bring an action at law against any owner obligated to pay the same, or foreclose the lien against the lot. The owner agrees that the owner is also obligated to reimburse the City for the City's costs and reasonable attorney's fees of any collection efforts. The owner agrees that the owner may not waive or otherwise avoid liability for an assessment provided herein by non-use of the Public Areas or abandonment of a lot. 4) An owner's pro rata share is equal to a fraction, the numerator of which is the gross square feet area of the lot or lots owned by the owner and the denominator of which is the gross square feet area of all lots in this PUD District exclusive of the Public Areas and public rights -of -way. J. Performance Standards The development and maintenance of uses in this PUD District shall be established in conformance with the following standards Dubuque Industrial Center South Ordinance No. 48 — 23 Page 14 1) Platting: The conceptual development plan shall serve as the preliminary plat for this PUD District. Subdivision plats and improvement plans shall be submitted in accordance with Article 11. Land Subdivision, of the City of Dubuque Unified Development Code. 2) Site Plans: Final site development plans shall be submitted in accordance with Article 12 Site Plans and Article 13 Site Design Standards prior to construction of each building and vehicle -related feature unless otherwise exempted by Article 12. 3) Storm Water Conveyance: The developer of each lot shall be responsible for providing surface or subsurface conveyance(s) of storm water from the lot to existing storm sewers or to flow line of open drainage ways outside the lot in a means that is satisfactory to the Engineering Department of the City of Dubuque. Other applicable regulations enforced by the City of Dubuque relative to storm water management and drainage shall apply to properties in the PUD District. 4) Noises: Noises generated within the PUD District shall be regulated by Chapter 33, Article IV, Noises, of the City of Dubuque Code of Ordinances. 5) Flood Plain Regulations: The area of the PUD District that lies within the flood plain of Catfish Creek shall be subject to the regulations of Article 6-4 of the Unified Development Code. 6) Phased construction of buildings and parking spaces: The construction of off-street parking spaces may be phased in proportion to the percentage of total building floor area constructed at any one time. Ground area set aside for future parking, loading spaces or driveways or for parking provided in excess of the minimum required number of parking spaces shall not reduce the minimum required area for open space. 7) Other Codes and Regulations: These regulations do not relieve an owner from other applicable City, County, State or Federal Codes, regulations, laws and other controls relative to the planning, construction, operation and management of property in the PUD District. K. Ordinance History 1) Ord. 2-13: reclassifying hereinafter described property located north and south of Seippel Road and north of U.S. Highway 20 from AG Agricultural District to PUD Planned Unit Development with a PI Planned Industrial designation for the Dubuque Industrial Center South. Dubuque Industrial Center South Ordinance No. 48 — 23 Page 15 2) Ord.16-23: an amendment to the Planned Unit Development that expands the district by incorporating an additional parcel of land. 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 Article 9-5 of the Unified Development Code. N. Recording A copy of this ordinance shall be recorded at the expense of the property owner(s) with the Dubuque County Recorder a permanent record of the conditions accepted as part of this reclassification approval within ten (10) days after the adoption of this ordinance. This ordinance shall be binding upon the undersigned and his/her heirs, successors and assigns. Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 4. This Ordinance shall take effect upon publication as provided by law. Passed, approved and adopted this 20th day of November 2023. Cava ayor: Attest: Adrienne N. Breitfelder, City Clerk CERTIFICATE of the CITY CLERK STATE OF IOWA SS: COUNTY OF DUBUQUE ) I, Adrienne N. Breitfelder, City Clerk, do hereby certify that I am the duly appointed, qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached Ordinance No. 48-23 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 st day of November, 2023. Adrienne N. Breitfel er, 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: 11/10/2023 and for which the charge is 41.40 Subscribed to before me, a Notary P is in and for Dubuque County, Iowa, this loth day of November, 2023 Notary P in and for Dubuque County, Iowa. JA:NE T it. .APE Commission Number 199659 My Commission Expires 12/11/2025 Ad text : CITY OF DUBUQUE, IOWA OFFICIAL NOTICE PUBLIC NOTICE is hereby given that the Dubuque City Council will conduct public hearings on the 20th day of November, 2023, at 6:30 p.m., in the Historic Federal Building, 350 W. 6th Street, 2nd floor, Dubuque, Iowa, on the following: AMENDMENT 1. "Request from Aaron Healy, Ruhl & Ruhl to amend Zone B of the South Pointe Planned Unit Development to allow increased lot coverage and reduced front and rear yard setbacks for townhome development at the location of the South Pointe Subdivision. 2. "Request from Keith Wolff, Dubuque Sign, to amend the Dubuque Industrial Center South Planned Unit Development to increase the size of directional signage at the location of 751 Seippel Road. 3. "Request from Bill Biver, Marys Inn Maternity Home, to amend the Unified Development Code to include a definition of Maternity Home and to list Maternity Home as a Permitted Use in all residential, office residential, and commercial zoning districts. At the meeting, the City Council will receive oral and written comments from any resident or property owner of said City to the above action. The official agenda will be posted the Friday before the meeting and will contain public input options. The City Council agenda can be accessed at https://cityofdubuque.novusagenda.com/AgendaPublic/ or by contacting the City Clerk's Office at 563-589-4100, ctyclerk@cityofdubuque.org. Written comments regarding the above public hearings may be submitted to the City Clerk's Office via email at ctyclerk@cityofdubuque.org or by mail to City Clerk's Office, City Hall, 50 W. 13th St., Dubuque, IA 52001, before said time of public hearing. At said time and place of public hearings the City Council will receive any written comments. Copies of supporting documents for the public hearings are on file in the City Clerk's Office and may be viewed Monday through Friday between 8:00 a.m. and 5:00 p.m. Individuals with limited English proficiency, vision, hearing, or speech impairments requiring special assistance should contact the City Clerk's Office at (563) 589-4100, ctyclerk@cityofdubuque.org as soon as feasible. Deaf or hard -of -hearing individuals can use Relay Iowa by dialing 711 or (800) 735-2942. Adrienne N. Breitfelder, CMC City Clerk It 11/10 STATE OF IOWA SS: DUBUQUE COUNTY CERTIFICATE OF PUBLICATION I, Kathy Goetzinger, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: 11/24/2023 and for which the charge is 532.04 crjj 7/ Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this 27th day of November, 2023 Notary is in and for Dubuque County, Iowa. JANET K. PAPE rCommission Number 199659 My Commission Expires 12/11/2025 TelegraphHerald.com • Telegraph Herald • Friday, November 24, 2023 5C CITY OF DUBUQUE OFFICIAL PUBLICATION ORDINANCE NO. 48-23 EXECUTIVE SUMMARY THE ORDINANCE IN ITS ENTIRETY IS ON FILE IN THE OFFICE OF THE CITY CLERK, 50 W. 13TH STREET, DUBUQUE, AND MAY BE VIEWED DURING NORMAL BUSINESS HOURS OF 8:00 AM TO 5:00 PM MONDAY to FRIDAY. AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES UNIFIED DEVELOPMENT CODE BY RESCINDING ORDINANCE NO. 16-23 WHICH ESTABLISHED REGULATIONS FOR A PUD PLANNED UNIT DEVELOPMENT WITH A PI PLANNED INDUSTRIAL DESIGNATION AND ADOPTING AN AMENDED PUD ORDINANCE THAT INCREASES THE ALLOWABLE AREA OF DIRECTIONAL SIGNAGE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is hereby amended by rescinding Ordinance No. 16-23 and increasing the allowable area of direction signage for the property legally described below, to wit: Lot A Dubuque Industrial Center South First Addition Lot B Dubuque Industrial Center South First Addition Balance of Lot C Dubuque Industrial Center South First Addition Lot 2 Dubuque Industrial Center South First Addition Lot 3 Dubuque Industrial Center South First Addition Lot 4 Dubuque Industrial Center South First Addition Lot 5 Dubuque Industrial Center South First Addition Lot 5A Dubuque Industrial Center South First Addition LotA Dubuque Industrial Center South Third Addition Lot 1 Dubuque Industrial Center South Third Addition Lot 2 Dubuque Industrial Center South Third Addition Lot 3 Dubuque Industrial Center South Third Addition Lot 2 of Brehm Acres Plat 3 Section 2. Attached hereto and made a part of this zoning reclassification approval is the Conceptual Development Plan for the Dubuque Industrial Center South Planned Unit Development marked Exhibit A. It is recognized that minor shifts or modifications to the general plan layout may be necessary and compatible with the need to acquire workable street patterns, grades, and usable building sites. The general plan layout, including the relationship of land uses to the general plan framework and the development requirements shall be used as the implementation guide. A) Definitions [For purposes of this Ordinance, the following terms shall have specific meaning. Full text is on file in the Office of the City Clerk.] 1) Building -related Features 2) Vehicle -related Features 3) Open Space Features B. Use Regulations Zone D: General Purpose and Description. Zone D is intended to provide a location for heavy industrial uses. Exterior storage is allowed, provided it is screened from view from public right-of-way. 1) Principal permitted uses shall be limited to: a) Railroad and public or quasi -public utilities. b) Corporate offices. c) Mail order houses. d) Printing and publishing. e) Laboratories for research and engineering. f) Moving/storage facilities. g) Wholesale sales/distributor. h) Freight transfer facilities. i) Fuel and ice dealers. j) Cold storage/locker plants. k) Packing and processing of meat, dairy or food products, not to include stockyards or slaughter houses. I) Compounding, processing and package 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. 2) Conditional uses shall be limited to the following: a) Day care center, within a primary office/industrial building or as an accessory structure on the same lot. Day care centers are subject to state regulations and requirements of Article 8-20, Licensed Child Care Center, of the Unified Development Code. 3) Accessory uses shall be limited to the following: a) Retail outlets within a primary office/industrial building, selling products produced on -site and only as accessory to the principal use. b) Any use customarily incidental and subordinate to the principal use it serves. 4) Temporary uses shall be limited to the following: Any use listed as a permitted use within the PUD District of a limited duration as established in Article 3-19 and as defined in Article 2-3 of the Unified Development Code. 5) The provision of off-street parking shall be regulated by Article 14 of the City of Dubuque's Unified Development Code. Zone 0: General Purpose and Description. Zone 0 is intended to serve as an amenity to the industrial park, provide public areas and control of storm water to protect downstream properties. 1) a) b) c) d) e) f) 2) 3) a) 4) Principal permitted uses shall be limited to: Railroads and public or quasi -public utilities. Parks, nature areas, playgrounds and similar recreational uses. Picnic areas. Recreational trails. Club houses, shelter houses, tennis courts, playground equipment, or other recreational buildings and structures when associated with parks, nature areas, playgrounds and recreational facilities. Construction of dams, reservoirs, detention ponds and similar storm water control facilities. Conditional uses (reserved for future use). Accessory uses shall be limited to the following: Any use customarily incidental and subordinate to the principle use it serves. Temporary uses (reserved for future use). C. Lot Bulk Regulations Development of land in Zones D and 0 shall be regulated as follows: 1) All building structures and activities shall be located in conformance with the attached conceptual development plan and all final site development plans shall be approved in accordance with provisions of this ordinance and Article 12 of the Unified Development Code. 2) All building -related features in Zones D and 0 shall be in accordance with the following bulk regulations chart: Minimum lot area in acres Lot frontage minimum feet Front yard setback minimum feet Side yard setback minimum feet Rear yard setback minimum feet Building height maximum feet , Zone 0 N/A N/A N/A WA N/A N/A Zone D 2 acres 100 50 25 . 50 100 a) Lots smaller than minimum will be allowed i 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. d) Within required front, side and rear setbacks, only driveways, fire lanes, railroad tracks, open space features and primary and secondary signage are allowed. Parking lots may encroach up to 50% into the required front yard setback. D. Parking and Loading Regulations 1) All vehicle -related features, except for railroad tracks, shall be surfaced with either asphalt or concrete. 2) All parking and loading spaces shall be delineated on the surfacing material by painted stripes or other permanent means. 3) The number, size and design of parking spaces shall be governed by applicable provisions in Articles 13 and 14 of the City of Dubuque Unified Development Code. 4) The number, size and design and location of parking spaces designated for persons with disabilities shall be according to the local, state or federal requirements in effect at the time of development. 5) The location and number of private driveway intersections with public streets shall be reviewed and approved by the City Engineer. 6) No on -street maneuvering of delivery vehicles will be allowed on any street. Lots shall provide all necessary maneuvering space for delivery vehicles within the boundaries of the lots. 7) All loading docks for shipping and receiving raw and manufactured goods shall be designed to provide for the direct movement of goods between the delivery vehicle and the interior of the building. E. Exterior'Storage Regulations Exterior storage shall be in accordance with the following regulations: Allowable Products Store Allowable Location Allowable Screening Materials Minimum Opacity Maximum Height of Screening Zone D Raw or finished goods; equipment Rear or side yards Similar to building color o 50 /0 12 feet Zone 0 PROHIBITED 1) Exterior storage of materials, which could be blown into the air or strewn about by the wind, shall be prohibited. 2) Exterior storage, where allowed, shall not encroach into a front yard. A front yard may exceed the required front yard setback. 3) The ground area coverage of exterior storage areas shall be the area contained inside the required screening. This area shall be considered to be a building -related feature for ,purposes of calculating total land area coverage. 4) Exterior storage must be screened from view from adjacent public right-of-way. 5) The screening height shall be measured from the ground level outside the line of the screen. Screens built on sloping grades shall be stepped so that their top line shall be horizontal. 6) Required screening is intended to buffer surrounding property from the negative visual impact created by the storage of raw or finished goods, materials and equipment that can adversely impact the value of adjacent property. 7) The City Planner may grant a waiver for screening to exceed the maximum height allowed, when topography or height of individual finished products or equipment could make it impossible to completely screen a storage area from every vantage point. The City Planner may not grant waiver in maximum screening height for raw materials or stacked goods. 8) All exterior entrances to a screened storage area shall be provided with a gate or door of similar design to that of the screen. 9) Long-term storage of products or materials in semi -trailers or shipping containers is prohibited. - F. Exterior Trash Collection Area Requirements 1) Exterior trash collection areas shall include collection bins, dumpsters, and similar waste receptacles for the short-term storage and collection of trash. Trash shall include garbage, scrap, recyclables, debris and similar materials. 2) The storage of trash shall be limited to that produced by the principal permitted use and accessory uses of the lot. Exterior storage of trash, which could be blown into the air or strewn about by the wind, shall be prohibited. 3) The ground area coverage of exterior trash collection areas shall be the area contained inside the required screening. This area shall be considered a building - related feature for purposes of calculating total land area coverages. 4) Exterior trash collection areas shall be located in rear or side yards only. Exterior trash collection areas shall not encroach into a front yard. A front yard may exceed the required front yard setback. 5) All exterior trash collection areas and the materials contained therein shall be screened from view from the adjacent public right-of-way. • 6) The screening shall be a completely opaque fence, wall or other feature not exceeding a height of 10 feet measured from the ground level outside the line of the screen. Screens built on sloping grades shall be stepped so that their top line shall be horizontal. 7) Exposed materials used to construct the opaque screen shall be similar in appearance to materials used for exterior building walls. All exterior entrances to a screened trash area shall be provided with a gate or door of similar design to that of the screen. 8) If a 10-foot high screen fails to shield the exterior trash collection area from view from the adjacent public right-of-way, evergreen plantings may be required in addition to the screening. Evergreen plant materials shall be selected and designed so that they will screen the area from the adjacent public right-of-way within five (5) years. 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 reflecta high quality of environmental design. 2) Landscaping: The following is the minimum requirement of trees and shrubs, by number and size, and the type of ground cover required. Street trees planted in public street right-of-way shall not be counted toward fulfillment of the minimum site requirements set forth below. Plant species to be used for landscaping shall be in accordance with the City of Dubuque Street Tree Policy. Existing trees and shrubs to be retained on -site may be counted toward fulfillment of the landscaping requirements. a) Minimum tree planting requirements for any new development in the Dubuque Industrial Center South shall be one (1) tree of the following size per 1,600 square feet of required open space: 40% minimum: 2-2 1/2" caliper diameter deciduous and/or 8-foot height or greater evergreen. Balance: 1 % - 2" caliper diameter deciduous and/or 6-foot height evergreen. b) Minimum shrub requirements at the time of planting for any development in the PUD District shall be 6 shrubs, or 1 shrub per 1,000 square feet of required open space, whichever is greater. Shrubs shall be a minimum of 18" height or minimum of one (1) gallon potted.. 3) Landscape berms and/or plantings shall be required as screening for parking areas adjacent to public streets and shall be a minimum of three (3) feet in height and can utilize natural grade changes to achieve the required 50% opacity landscaping screen. Parking lot screening is in addition to required landscaping of open space areas. 4) Trees shall be provided in all parking lot islands, which are of sufficient size to ensure the growth and survival of the trees. Trees planted in parking lot islands may be counted toward the minimum tree planting requirements. 5) The developer of any lot fronting Seippel Road and/or other Public Streets shall participate in the planting trees compatible in species and spacing with tree plantings, which have previously been completed by the City along Seippel Road. 6) The installation of required planting materials may be phased in direct proportion to the phasing of building construction. Required landscaping shall be installed by the date the Building Services Department issues an occupancy certificate, or if winter weather prevents planting, within six months of being issued an occupancy certificate. 7) The lot owner is required to replant any and all plant materials which have died due to any cause during the effective period of this PUD Ordinance. 8) A detailed landscape plan shall be required as part of submittal for final site development plan approval. 9) The area between the public street and the right-of-way line shall be planted with grass and maintained by the lot owner. H. Sign Regulations 1) Applicability of City of Dubuque Ordinances: The provisions of the City of Dubuque Unified Development code Article 15 Signs shall apply unless further regulated by this section. 2) Off -Premise Signs: Off -premise signs shall be prohibited. 3) On -Premise Signs: On -premise signs shall be erected or constructed in accordance with the following regulations: a) Allowable content: signs, messages, and graphics shall be limited to the following contents: 1) Industrial Center signs: limited to identification of Dubuque Industrial Center South. • Entrance signs • Directory signs, 2) Company primary signs: limited to identification of uses in Zone D. • . Identification of company name • Identification of company products or services • Graphic symbol or logo identified with the company 3) Secondary signs: Allowable in all zones. • Street address. • Directional messages necessary for the safe and efficient flow of vehicular and pedestrian traffic on the lot. • Identification of visitor entrances to the building, shipping and receiving docks and other delivery points. • Identification of assigned parking spaces and parking spaces accessible to persons with disabilities. • Temporary announcements of pending or new construction. • Commemorative messages. b) Schedule of sign regulations: allowable structure type, size, number and height shall be limited to the following requirements: G. Type of Sign Maximum size Maximum Number Allowable Structure type Maximum Height' Industrial Center Entrance Signs 200 square feet per sign face Three (3) signs Monument 12 feet Industrial Center Directory Signs 30 square feet per sign face Three (3) signs Monument 8 feet Company Primary Signs 10% of building wall sign is mounted on or 400 total square feet of sign area, whichever is less. 2 signs per street frontage per business Wall -mounted Below eave or parapet 150 square feet per sign face 1 sign per business restricted to interior street frontages only Monument 10 feet Secondary signs 24 square feet per sigyface No maximum number Wall -mounted 10 feet Monument 6 feet "The height of the monument -style signs shall be measured from average grade to top of sign structures. c) Variances: Variances from sign requirements for size, number and height may be requested. Such variances shall be reviewed by the Zoning Board of Adjustment in accordance with Article 8-6 of the Unified Development Code. d) Lighting: Signs may be illuminated only by means of indirect lighting, whereby ail light sources.and devices are shielded from view by opaque or translucent materials, or intemally 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. I. Maintenance Assessments 1) The City will cause the construction of such improvements as the City deems appropriate in the Public Areas of this PUD District shown on the Plan. Maintenance and repair of the Public Areas and its improvements is the responsibility of the City with fifty percent (50%) of costs of such maintenance and repair assessed to and paid by the owners of property in this PUD District. Private connections to the Public Areas and the subsequent maintenance and repair of such private connections are the responsibility of each owner and may not be constructed without the prior written approval of the City. 2) The City will -assess against the properties in this PUD District in each assessment year an annual assessment for the purpose of paying fifty percent (50%) of the actual costs of the City's maintenance and repair of the Public Areas and the actual costs associated with maintaining and lighting the park entrance signs. Said assessment may also include the establishment of a capital improvements reserve fund for such purposes. Upon establishment of such assessment levy, the owner of each lot must pay to the City a pro rata share (as hereinafter defined) of such assessment. The owner waives any and all rights to further notice, to object to the assessments, the amount of the assessments, the procedure for certifying the assessments or to any other rights the owner would have as provided in Iowa Code Chapter 364 and Chapter 384 and that the schedule of assessments may be certified by the City to the Dubuque County Treasurer for collection in the same manner as provided in Iowa Code Chapter 364 and Chapter 384. 3) If such pro rata share is not paid within thirty (30) days after its due date, the owner agrees that that amount of such pro rata share will become a lien upon the lot obligated to pay the same and will bear interest from the due date at the highest legal contract rate applicable to a natural person. The owner further agrees that the City may bring an action at law against any owner obligated to pay the same, or foreclose the lien against the lot. The owner agrees that the owner is also obligated to reimburse the City for the City's costs and reasonable attomey's fees of any collection efforts. The owner agrees that the owner may not waive or otherwise avoid liability for an assessment provided herein by non-use of the Public Areas or abandonment of a lot. 4) An owner's pro rata share is equal to a fraction, the numerator of which is the gross square feet area of the lot or lots owned by the owner and the denominator of which is the gross square feet area of all lots in this PUD District exclusive of the Public Areas and public rights -of -way. J. Performance Standards The development and maintenance of uses in this PUD District shall be established in conformance with the following standards 1) Platting: The conceptual development plan shall serve as the preliminary plat for this PUD District. Subdivision plats and improvement plans shall be submitted in accordance with Article 11. Land Subdivision, of the City of Dubuque Unified Development Code. 2) Site Plans: Final site development plans shall be submitted in accordance with Article 12 Site Plans and Article 13 Site Design Standards prior to construction of each building and vehicle -related feature unless otherwise exempted by Article 12. 3) Storm Water Conveyance: The developer of each lot shall be responsible for providing surface or subsurface conveyance(s) of storm water from the lotto existing storm sewers or to flow line of open drainage ways outside the lot in a means that is satisfactory to the Engineering Department of the City of Dubuque. Other applicable regulations enforced by the City of Dubuque relative to storm water management and drainage shall apply to properties in the PUD District. 4) Noises: Noises generated within the PUD District shall be regulated by Chapter 33, Article IV, Noises, of the City of Dubuque Code of Ordinances. 5) Flood Plain Regulations: The area of the PUD District that lies within the flood plain of Catfish Creek shall be subject to the regulations of Article 6-4 of the Unified Development Code. 6) Phased construction of. buildings and parking spaces: The construction of off-street parking spaces may be phased in proportion to the percentage of total building floor area constructed at any one time. Ground area set aside for future parking, loading spaces or driveways or for parking provided in excess of the minimum required number of parking spaces shall not reduce the minimum required area for open space. 7) Other Codes and Regulations: These regulations do not relieve an owner from other applicable City, County, State or Federal Codes, regulations, laws and other controls relative to the planning, construction, operation and management of property in the PUD District. K. Ordinance History 1) Ord. 2-13: reclassifying hereinafter described property located north and south of Seippel Road and north of U.S. Highway 20 from AG Agricultural District to PUD Planned Unit Development with a PI Planned Industrial designation for the Dubuque Industrial Center South. 2) Ord.16-23: an amendment to the Planned Unit Development that expands the district by incorporating an additional parcel of land. 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 Article 9-5 of the Unified Development Code. N. Recording A copy of this ordinance shall be recorded at the expense of the property owner(s) with the Dubuque County Recorder a permanent record of the conditions accepted as part of this reclassification approval within ten (10) days after the adoption of this ordinance. This ordinance shall be binding upon the undersigned and his/her heirs, successors and assigns. Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 4. This Ordinance shall take effect upon publication as provided by law. Passed, approved and adopted this 20"h day of November 2023. /s/Brad M. Cavanagh, Mayor Attest /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 24th day of November, 2023. /s/Adrienne N. Breitfelder, CMC, City Clerk 1t11/24