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Planned Unit Development Amendment for 555 John F. Kennedy RoadCity of Dubuque City Council Meeting Public Hearings # 03. Copyrighted June 17, 2024 ITEM TITLE: Planned Unit Development Amendment for 555 John F. Kennedy Road SUMMARY: Proof of publication on notice of public hearing to consider a request from Kennedy Mall, Ltd, to amend the Planned Unit Development (PUD) at 555 John F. Kennedy Road to modify parking, building, and sign regulations, and Zoning Advisory Commission recommending approval. SUGGESTED DISPOSITION: ATTACHMENTS: Description ZAC Letter to Council ORDINANCE Amending Title 16, the Unified Development Code of the City of Dubuque Code of Ordinances by rescinding Ordinance 80-03 which provides regulations for a PUD Planned Unit Development District with a PC Planned Commercial Designation at 555 John F Kennedy Road and adopting an amended PUD Ordinance to allow for additional signage, reduced parking requirements, and increased ground floor leasable area Suggested Disposition: Receive and File; Motion B; Motion A Application Kennedy Mall Development Plan Vicinity Map Site Imagery Staff Memo PUD Ordinance No. 80-03 C-3 signage regulations Ordinance Ordinance - Exhibit Cafaro PowerPoint Presentation Presentation Slide —Uploaded 6.17.24 Type Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation Staff Memo Supporting Documentation Supporting Documentation Ordinance Ordinance Supporting Documentation Supporting Documentation Planning Services Department Dubuque City Hall THE CF 50 West 13th Street Dubuque, IA 52001-4864 DUjB� �I�AN01gf®d 1(563) I1 I 589-4210 phone I 1 (563) 589-4221 fax 563 690-6678 TDD ( > Masterpiece on the Mississippi zoo7�zoiz•zo13 2017*2019 planning@cityofdubuque.org June 11, 2024 The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 13th Street Dubuque IA 52001 Applicant: Kennedy Mall, Ltd Location: 555 John F. Kennedy Road Description: Amendment of the Planned Unit Development (PUD) to modify parking, building, and sign regulations. Dear Mayor and City Council Members: The City of Dubuque Zoning Advisory Commission has reviewed the above -cited request. The application, staff report, and related materials are attached for your review. Discussion Justin Somerville, Development Engineer, and Bill McKandrick, Senior VP, Cafaro Company, 5577 Youngstown -Warren Rd, Niles, OH, spoke in favor of the request. He noted that the PUD was last amended in 2003. He said there have been many business changes since then and the PUD is too restrictive. He said that in order to help Kennedy Mall remain viable, they are seeking changes to three aspects of the PUD: • Reducing parking requirements to one space per 300 square feet of ground floor leasable area. • Removing the maximum allowed ground floor leasable area and instead tying it to the parking requirement. • Allowing larger and additional signage at the mall. Staff reiterated the requested changes and stated that they were determined in consultation with City staff. Staff described recent zoning reform trends around the country have moved to reduce parking requirements. Staff noted that the sign proposal mirrors the Asbury Plaza sign regulations, which is another property that Cafaro owns and manages. Staff explained the addition of a sign regulation that would allow interior stores at the mall to have exterior signage. Commissioners noted that they are in support of the changes being proposed because it would level the playing field with other commercial properties, that the Home Goods sign is quite small, and that times have changed from when malls were in direct competition with the downtown. Service People Integrity Responsibility Innovation Teamwork The Honorable Mayor and City Council Members Page 2 Recommendation By a vote of 5 to 0, the Zoning Advisory Commission recommends that the City Council approve the request. A simple majority vote is needed for the City Council to approve the request. Respectfully submitted, Matt Mulligan, Chairperson Zoning Advisory Commission Attachments cc: Service People Integrity Responsibility Innovation Teamwork THE C DUUB-WE Masterpiece on the Mississippi City of Dubuque Planning Services Department Dubuque, IA 52001-4845 Phone:563-589-4210 Fax: 563-589-4221 manning( citvofdubuaue.org APPLICATION FORM Zoning Advisory Zoning Board of Development Services Historic Preservation Commission Commission Adiustment ❑ Annexation ❑Demolition Review X❑ Amended PUD ❑ Conditional Use Permit ❑ Limited Setback Waiver ❑ Historic Revolving Loan ❑ Rezoning/PUD/ID ❑ Special Exception ❑ Site Plan Simple ❑ Certificate of Economic Non -Viability ❑ Text Amendment ❑ Variance ❑ Site Plan Minor ❑ Design Review Certificate of ❑ Simple Subdivision ❑ Appeal ❑ Site Plan Major Appropriateness ❑ Preliminary Plat ❑ Simple Subdivision ❑ Advisory Design Review (Public ❑ Major Final Plat ❑ Temporary Use Permit Projects) ❑ Minor Final Plat ❑ Port of Dubuque/ ❑ Historic Designation ❑ Waiver from Site Chaplain Schmitt Island Design Standards Design Review applicablePlease complete the A. Property Information Site Location/Address: Kennedy Mall / 555 J.F.K. Rd. Legal Description/Parcel ID#/Subdivision: Lot 1-1-1-1-1 Hawkeye Stock Farm Existing Zoning: PC Proposed Zoning: PC Site Area (square feet/acres): Historic District. N/A 53.57 ac. -andmark: ❑ Yes ® No B. Describe proposal and reason for application (attach a letter of explanation, if necessary): Amend the existing PUD to modify parking, buildin ,and si n re ulations. C. Applicant/Agent Information Name: Kennedy Mall, Ltd. Address: 5577 Youngstown -Warren Rd. State: OH Zip: 44446 D. Property Owner(s) Information Name(s): Kennedy Mall, Ltd. Phone: 330-747-2661 x207 City: Niles Email: Jsomerville@cafarocompany.com Address: 5577 Youngstown -Warren Rd. State: OH Zip: 44446 Phone: City: Email; acafaro@cafarocompany.com E. Certification: I/we, the undersigned, do hereby certify/acknowledge that: 330-747-2661 x301 Niles 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 sub itted herein is true and correct to the best of my/our knowledge and upon submittal becomes ord. 7-L public rec1 n' 11 Applicant/Agent: Date: �- % _1# Property Owner(s): ` td*af ! )—O FOR OFFICE USE ONLY Fee $ Ck# ❑CC ❑Cash Received by _ Date HY-VEE FOOD STORE HAPPY PATIO Al JOE'S PIZZA FIREPLACE PAULSON ELECTRIC FIRST GLASS CENTURY PLAZA AND ICE CREAM CENTER PARLOR DEERY BROTHERS OF DUBUQUE USED VEHICLES CENTURY DRIVE MALL PYLON SIGN WARREN PLAZA TARGET/HYVEE O N I I I I I KENNEDY MALL 40' PYLON SIGN I CHICK-FIL-A WACKER DRIVE CHIPOTLE FIVE GUYS HAMPTON INN DEERY BROTHERS OF DUBUQUE 7T - FUTURE BUILDING r PROP. RIGHT OF WAY J EXISTING IGHT OF WAY T 1rtU UTf- M] I I I I I I I I I U — i 1 1 1 1 1 1 I I I I I I I I n REVISED: May 09, 2024 - 10:15am,jsomerville, E:\Departments\AEC\OB_AE_WIP\Kennedy Mall_HOMEGOODS_Unit 680\ENGINEERING\SIGNAGE\Zoning Amendment\Kennedy Mall Development Plan.dwg, Layout Name: Mall only 30' SETBACK LINE W J U U ry WELDON TIRE Z LU 'S POOL U SPA ) EAGLES LODGE __ WACKER DRIVE Commercial & Industrial AfARO Real Estate Developers C5577 Youngstown Warren Road 3500 South Meridian - Unit 902 —Est. 1949 — Niles, Ohio 44446 Puyallup, WA 98373 Phone: 330-747-2661, Fax: 330-743-2902, Web Page: www.cafarocompany.com CARING PHOENIX TRANSITIONS THEATRES OF EASTERN IOWA 22,680.00 S.F. 13,284 S.F. 4774.00 ME= 27:454.00 S.F. UNIT NO. 101 UNIT NO. 105 'b� i BIES DRIVE B HILLS AND DALES PROFESSIONAL BUILDING TANDEM OTIRE 0./ z QC G 111 z O J� HN K EDY ROAD DISCOUNT TIRE / I 6'x12'x24' HIGH HILL'S & DALE'S PYLON SIGN 30' SETBACK LINE BURGER KING DESCRIPTION CURRENT SITE PLAN LEGAL DESCRIPTION Situated in the State of Iowa, County of Dubuque and being known Tract One described as Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Hawkeye Stock Farm in Sections 27 and 28, City of Dubuque, Dubuque County Iowa and Tract Two described as Lot 1 of Lot 2 of Lot 2 of Clin-Que,lnc Addition, Inc, in the City of Dubuque. Dubuque County Iowa: and being further bounded and described as follows: Beginning at the SE Corner of Parcel 1, on the line between Sections 27 and 28, monumented with an 5/8 inch rebar set 2 inches below the surface; Thence North,(Bosis of Bearing) a distance of 257.44 feet along the Section Line to said East One-Ouarter Corner of said Section 28; monumented with an 5/6 inch rebar set 2 inches below the surface Thence N O'O1'51"E , a distance of 1,332.69 feet along said Section Line to the One --Quarter of Northeast One -Quarter of Section 28, to a point, not monumented; Thence N 88'51'29"W, a distance of 306.11 feet, to a point, not monumented; Thence N 8749'5YW. o distance of 302.26 feet, to a point. not monumented; Thence N 8943'5TW. a distance of 317.07 feet to a point, not monumented; Thence N 89'50'31"W, a distance of 408.49 feet to the Northwest Corner of Southeast One—Ounrter of Northenst One—Osiorter, Section 28, monumented with on 3/4 inch iron pipe set 2 inches below the surface; Thence SQ'00'45"W, a distance of 161.07 feet, to a point, not monumented; Thence N 89'00'O3•'W, a distance of 375.00 feet, to a point in Century Drive, not monumented; Thence S 2E725'50"E, ❑ distance of 281.59 feet , along Century Drive to a point, not monumented; Thence S O'21'50"W, a distance of 714.93 feet along Century Drive to a point, not monumented; Thence S 89'38'10"E, a distance of 250.00 feet, to a point, not monumented; Thence S 0'28'15" E, a distance of 472.97 feet, to a point not monumented,; Thence N 5607'5S' E, a distance of 112.46 feet, to a paint, not monumented; Thence N 76 39'35" E. a distonce of 223.24 feet, to a point not monumented: Thence N 78'17'07'E, a distance of 387.70 feet, to a point not monumented: Thence N 8736'15" E, a distance of 255.17 feet, to a point not monumented; Thence S 8947'447E. a distance of 389,15 feet to the Point of Beginning, containing 56.144 Acres more or less; EXCEPTING that area in Lot 2 of Lot 1 of Lot 1 of Hawkeye Stock Farm in Section 27 and 28, lying west of the section line between Sections 27 and 28, and containing 2.356 acres more or less, and also EXCEPTING Lot 2 of Lot 2 of Lot 2 of Clin-Que Inc, Addition containing 1-144 acres more or less. The above metes--and--bounds description describes the property described in Lawyers Title Insurance Corporation Title Commitment No L46-117 e!fected date of Septentaer 18, 199$. PROPERTY INFORMATION ADDRESS: 555 J.F.K. ROAD, DUBUQUE, IOWA 52002 OWNER: KENNEDY MALL, LTD. OWNER ADDRESS: 5577 YOUNGSTOWN-WARREN RD, NILES, OHIO 44446 OWNER PHONE: 330-747-2661 ZONING USE: SHOPPING CENTER "THIS PLAN SHOWS ONLY APPROXIMATE LOCATIONS AND DIMENSIONS. LANDLORD'S RESERVED RIGHTS INCLUDE, BUT ARE NOT LIMITED TO, THE RIGHT TO CONSTRUCT ADDITIONAL BUILDINGS, INSTALL SIGNAGE, CHANGE THE IDENTITY AND LOCATION OF OTHER OCCUPANTS, NUMBER OF ROOMS, PARKING ARRANGEMENTS, ENTRANCES, SERVICES, ETC." DRAWN BY DATE PROJECT DRAWING NO. JES 05-3-2024 KENNEDY MALL - 55 P-1 SCALE 1"=100' DUBUQUE, IOWA FA IF M.- 555 John F Kennedy Rd Af ,07 • ,. ' . �• r Gefl#llfy QfIVe • ,� 1 Aerial view of subject property from south highlighting large tenants • J-F Kennedy Rd. a AM4- Wacker VrJve r ■ 94, 555 John F Kennedy Rd CONVENIENCE CARTS 0 WYW AYAHAUE THA(hrGHOUT THE MALL Itoe itQp11Q GOWLETE AUTO ChRE Mall site plan oUlparcels (oP) Wacker DrW Outparrels (OP) Duhuqu& Bank & Trust "- C 555 John F Kennedy Rd Trade Area Map Trade Area Trade Area Population 335,926 Number of Households 135,35 Shopper Demographics Average Household Income $84,000 Median Age 40 ,Median House Value $242,000 Mall Trade Area map and demographics 555 John F Kennedy Rd —y Y Y a -� — J + • . w — � ram'.. • �. - _ �+. � # _ Tp �'•�� r+ � 4 0 � 0 41 J'A r. �J' •'f tiff 4 a a i 555 John F Kennedy Rd Aerial view of subject property from southwest IL ri AP � i • bi P f� qN6 Oblique view of subject property from east (Wacker Drive frontage), March 2024 imagery sy-'�yt 4� 'lip 130010HN: F IfENAlE01' I!� 555 John F Kennedy Rd -k� lu ` -1 *r - op oil . �� \ $ / ,_ . . , ,.. r> . _ �� the e-� 2 A . .......... . ... ....... 3 dn AP- 31 4* Ar Oblique view of subject property from south (Dodge Street/US 20 frontage), March 2024 imagery 555 John F Kennedy Rd t 4L 4 dwo Oblique view of subject property from west (Century Drive frontage), March 2024 imagery ... 555 John F Kennedy Rd 4b A v Ao r r r ►'rJq rr AP ilp ir - a �a 1 b nncr� Oblique view of subject property from north (Stoneman Road frontage), March 2024 imagery 555 John F Kennedy Rd I +L-f FE7 zWeg►aph Herald Archives In May of 1969, Montgomery Ward Department Store relocated from downtown Dubuque to Kennedy Mall Shopping Center. Archival photo showing mall signage larger than 100 square feet THE CU4QbE DB Masterpiece on the Mississippi Dubuque Planning Services Department City Hall - 50 West 131h Street All•AnninC12 Dubuque, IA 52001-4845 (563) 589-4210 phone (563) 589-4221 fax (563) 690-6678 TDD 2007.2012.2013 planning@citvofdubuque.org 2017*2019 May 29, 2024 TO: Zoning Advisory Commission FROM: Jason Duba, Assistant Planner SUBJECT: Amend the Kennedy Mall Planned Unit Development to modify sign, parking, and building regulations. INTRODUCTION The applicant is requesting to amend the existing Kennedy Mall Planned Unit Development (PUD) located at 555 John F Kennedy Road to allow for additional signage, reduced parking requirements, and increased ground floor leasable area. BACKGROUND The subject Planned Unit Development is located on Dubuque's West End. The Kennedy Mall property is 52.6 acres and has approximately 50 tenants, large and small. It has frontage on five streets: John F Kennedy Road, Wacker Drive, Dodge Street/US 20, Century Drive, and Stoneman Road. It is surrounded by commercial development. The Kennedy Mall zoning district was established in 1966, and the mall was opened in 1968. The PUD has been amended several times over the decades, most recently in 2003. That amendment modified the following: • Allowed for a new primary identification sign of 708 square feet and 50' in height. • Reduced the parking requirements from one space per 200 square feet of ground floor leasable area (GFLA) to one space per 250 square feet of GFLA. • Increased the allowed ground floor leasable area by 82,000 square feet from 586,561 square feet to 668,561 square feet. The applicant's current request is similar to the previous one in that it seeks to allow for additional signage, reduce parking requirements, and increase ground floor leasable area. The PUD boundary is identified in the image on the following page. Memo to Zoning Advisory Commission Page 2 — ❑ANIELS ST" 3320 I' iti33 1594 r � 43550 1S9S 3530 ■ - A9 4d84 0 3529351Q 3420 3470 3d66 3458.3450t34343d24A aj3 p fSS§- 1 - 5d01559 M7 uJ f562 _ - .Y• . #5511 5 E584 1585 .. - 3290 - R-1 1534 U 4580 - � r� ��... r h R 1579 R=2 1512 $510 �. s577157s 1571) +.Y 3505 F. 1525i531 m . - R;3 -3dSS' 3435 _3415 13405 _ + 15191529 � i5fi5 1562 3455 .. I 1 .. OS STO1lEr-MN RD r PR 465, w1175 Ix 11 11 T '1C 2901 't Kennedy Mall PUD with distance from mall to each street frontage DISCUSSION The applicant is requesting to amend the current Kennedy Mall PUD (Ordinance 80-03) to allow for additional signage, reduced parking requirements, and increased ground floor leasable area. Signage The current PUD applies C-3 General Commercial zoning district sign regulations. These regulations allow a business in a multi -tenant property, such as the Kennedy Mall, to Memo to Zoning Advisory Commission Page 3 install one 100-square foot wall sign per street frontage. While this size allowance is typically fine for businesses in smaller commercial strip developments and has been adequate for some tenants of Kennedy Mall, it has proven too small for other tenants of the mall. Several mall tenants have obtained variances to install wall signs larger than 100 square feet. Other mall tenants have sought variances to install larger signs and been denied. Cafaro, the parent company of Kennedy Mall, Ltd., also owns Asbury Plaza, and they request to apply the same sign regulations at Kennedy Mall as are used at Asbury Plaza. These regulations base the allowed area for wall signage on the area of the front building wall, so larger walls equate to a greater area for signage. An unlimited number of signs are permitted, if the aggregate square footage is within the allowed area. This provides a more proportionate approach to signage, rather than allowing one standard size sign regardless of the size of the business' fagade. These regulations allow different sign areas based on the ground floor leasable area (GFLA) of the business: • Tenants occupying greater than 30,000 square feet of GFLA shall be allowed an unlimited number of wall -mounted signs. The total aggregate square footage of wall -mounted signs will be based on 20% of the front building wall area of the leased space. • Tenants occupying less than 30,000 square feet of GFLA shall be allowed an unlimited number of wall -mounted signs. The total aggregate square footage of wall -mounted signs will be based on 10% of the front building wall area of the leased space. The City has not received complaints about signs in Asbury Plaza, neither from residents saying they're too large nor from tenants saying they're not big enough. This indicates that applying these regulations at Kennedy Mall should be in keeping with the public safety, visual aesthetics, and business marketing promoted by the sign code. The amended regulations would permit interior businesses of the mall to have exterior signage, which is currently not allowed. This signage would be allocated by the developer. The applicant seeks to allow interior businesses to have an aggregate square footage of signage up to 3% of their GFLA and has provided a few examples of what this 3% calculation would allow for aggregate sign area: • Lens Crafters: 2,767 square feet GFLA = 83 square feet of signage • Bath & Body Works: 3,134 square feet GFLA = 94 square feet of signage • American Eagle: 5,600 square feet GFLA = 168 square feet of signage • Victoria's Secret: 7,234 square feet GFLA = 217 square feet of signage One of the challenges these amended sign regulations seek to address is the significant distance from the surrounding street frontages to the mall building. As shown in the above property map, the distance from the mall building to the surrounding street frontages ranges from 195' to 465'. At these distances, the applicant has expressed, on behalf of its tenants, that the 100 square foot wall sign allowance is inadequate for visibility and Memo to Zoning Advisory Commission Page 4 marketing. They feel that the revised sign regulations should provide their businesses the necessary sign area by applying standards successfully in use at Asbury Plaza. Parking The current Kennedy Mall PUD requires one parking space per 250 square feet of ground floor leasable area (GFLA), and the applicant seeks to reduce the requirement to one space per 300 square feet of GFLA. There is precedent for reducing the parking requirement, as the 2003 PUD amendment reduced the ratio from one space per 200 square feet of GFLA to one per 250 square feet. Here is another way to understand these ratios: • Pre-2003: 5 parking spaces per 1,000 square feet of GFLA • 2003 — current: 4 parking spaces per 1,000 square feet of GFLA • Proposed: 3.33 parking spaces per 1,000 square feet of GFLA The proposed change equates to a 17% reduction in the parking requirement. The applicant has indicated that there is an oversupply of parking at Kennedy Mall, and they would like to reallocate some of the underutilized parking spaces to additional development. They feel that existing businesses and potential future businesses could be accommodated with the lower parking requirement. The Kennedy Mall is a self-contained property in that people who drive to the property also park on site. None of the surrounding streets have on -street parking. The mall is surrounded by commercial land uses and is not adjacent to any residential neighborhoods. Therefore, concerns about spillover parking are minimal. Recent trends in zoning reform have recognized that minimum parking requirements have led to the construction of an oversupply of parking, an inefficient use of land that raises costs and contributes to sprawling, auto -oriented development. This has led municipalities around the country to reduce or eliminate minimum parking requirements and even establish maximum parking allowances. Rather than applying pseudo -scientific parking ratios from a national institute, some cities are letting the market determine parking demand to set parking requirements. Parking patterns at malls have changed as more shopping is conducted online and malls have shifted to include less retail space and more recreation, entertainment, and service uses. This is the case at Kennedy Mall, and the applicant has stated that a reduced parking requirement would better suit their needs. The current PUD requires a minimum of 2,675 parking spaces, but the amended PUD removes that minimum total and simply applies the ratio of one parking space per 300 square feet of GFLA. Ground Floor Leasable Area The current Kennedy Mall PUD sets a limit of 668,570 square feet of ground floor leasable area (GFLA), which is based on the parking requirement of one space per 250 square feet of GFLA. The applicant seeks to remove that limit. Instead, Kennedy Mall would be able to construct additional developments so long as it complies with the parking ratio of Memo to Zoning Advisory Commission Page 5 one space per 300 square feet of GFLA. Our records indicate the property currently has 593,750 square feet of GFLA, including the mall and outlots. With the removal of this limit on GFLA and the reduction of the parking requirement, the applicant seeks the opportunity to intensify the use of the Kennedy Mall property through additional development, including new outlot development. This is supported by the Imagine Dubuque Comprehensive Plan, which has the recommendation, "Collaborate with Kennedy Mall ownership and surrounding major centers to support regional retail." Development All developments within the PUD require building permits through Inspection and Construction Services. Additionally, developments that modify the site or any new construction would require a full site plan with review and approval through the City's Development Review Team (DRT). The DRT is comprised of multiple City departments including Engineering, Planning, Water Distribution, Fire, Police, Housing & Community Development, and Leisure Services. Site plans are reviewed by all relevant departments regarding street improvements, site access, parking, grading, screening, paving, park land, stormwater management, water connection, sanitary sewer connection, fire safety, and more. 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 Kennedy Mall Planned Unit Development to allow for additional signage, reduced parking requirements, and increased ground floor leasable area. Attachments Prepared by: Laura Carstens, City Planner Address: City Hail, 50 W.13th St Telephone: 589-4210 ORDINANCE NO. 80 -03 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES FOR THE HEREINAFTER DESCRIBED PROPERTY LOCATED AT 555 JOHN F KENNEDY ROAD AND ADOPTING A NEW CONCEPTUAL DEVELOPMENT PLAN AND ORDINANCE FOR THE KENNEDY MALL PUD PLANNED UNIT DEVELOPMENT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by adopting a new conceptual development plan, a copy of which is attached to and made a part hereof, and Planned Unit Development Ordinance for the Kennedy Mall, with conditions as stated below, to wit: Lot 1 of Lot 2 of Lot 2 of Clinque, Inc. Addition, and Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Hawkeye Stock Farm, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. Pursuant to Iowa Code Section 414.5 (2001), and as an express condition of the reclassification, the undersigned property owner agrees to the following conditions, all of which the property owner further agrees are reasonable and imposed to satisfy the public needs that are caused directly by the zoning reclassification: A) Use Regulations The following regulations shall apply to all land uses in the above -described PUD District: 1) All permitted, conditional, accessory and temporary uses allowed in the C-3 General Commercial District as established in Section 3-3.3 of the Zoning Ordinance B) Lot and Bulk Regulations Development of land in the PUD District shall be as follows: b lJ 1) The existing GLA (gross leasable area) of the Kennedy Mall is 586,570 square feet, which includes tenant storage areas and other areas not accessible to the general public. A maximum expansion of 82,000 square feet of GLA is allowed. Future expansion(s) may include all or a portion of Ordinance No. -03 Page 2 the allowed 82,000 GLA and may take the form of an addition(s) to the Mall building itself and/or as a new out lot building. 2) All buildings and structures shall be regulated as follows: a) Maximum building height shall be 50 feet, exceptthe following may exceed the height limit: ornamental towers, domes, spires, elevator bulkheads, HVAC equipment and other necessary mechanical equipment and their protective housings. 3) All final site development plans shall be approved in accordance with the provisions of the PUD District regulations of this ordinance and Section 3- 5.5 of the Zoning Ordinance. C) Performance Standards The development and maintenance of uses in this PUD District shall be established in conformance with Section 3-5.5 of the Zoning Ordinance and the following standards: 1) The parking requirement for in the Kennedy Mail PUD District shall be one space per 250 square feet of gross leasable area accessible tothe general public. 2) A minimum of 2,675 parking spaces shall be provided at the Kennedy Mall after construction of the maximum expansion(s) of 82,000 square feet. 3) Adequate illumination shall be provided to areas used for vehicle and pedestrian circulation. New outdoor light fixtures shall be of a cut-off design and utilize a minimum of a 90-degree cut-off luminaire. 4) Final site development plans shall be submitted in accordance with Section 4-4 of the Zoning Ordinance of the City of Dubuque, Iowa, prior to construction of any buildings. D) Sign Re ulations. Signs in the PUD District shall be regulated as follows: 1) The provisions of the C-3 General Commercial District sign regulations (Section 4-3.11) of the Zoning Ordinance shall apply unless further regulated by this section. a) The primary shopping center identification sign adjacent to U.S. Highway 20 shall be limited to 700 square feet (each side) and a maximum height of 50 feet. 2) Variance requests from sign requirements for size, number and height shall be reviewed by the Zoning Board of Adjustment in accordance with Section 5-3 of the Zoning Ordinance. Ordinance No. -03 Page 3 3) 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. 4) Motion: No signs may include any device or means, mechanical, electrical or natural, which shall cause motion of the sign panel or any part thereof. No flashing lights or changing colors shall be allowed. Message center signs are exempt from this provision. E) Previous Conceptual Plans 1) That all previously approved conceptual development plans are hereby amended and that the attached conceptual plan shall hereinafter regulate the Kennedy Mall Planned Unit Development District. F) 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 PUD District. G) Modifications. Any modifications of this Ordinance must be approved by the City Council in accordance with zoning reclassification proceedings of Section 6 of the Zoning Ordinance. Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Commission of the City of Dubuque, Iowa. Section 4. The foregoing amendment shall take effect upon publication, as provided by law. Passed, approved and adopted this 20th day of October 2003. ATTEST: eanne F. Schneider, City Clerk i' N1'-VEE ORUD _TORE BARREN PIZZA TARGET , HYVEE HAPPY PATIO JOE'S PIZZA pIREPLpCf` THE FLY11 gpClyy PAUISON ELECTRIC CENTURY PWZq AND ICE CREAN CRNTER 9NpCN LEDGE OAN KRU9E HOST GLASS PARLOR USED VEHICLES CENTURY DRIVE 0 DAN CAUSE Po,VTIAC YL°3AN R C BMW A \10 PA VELDON TIRE 1 x I U I , F I z I U /jam i BIES DRIVE I � I 1 � 1 _ _ _ � � I snum v vef,^^ /20 — _ _ _ \ \ PAINT L ` \ J° ANN b II V FABRICS CINBNA D a 2v 4 � C ISEARS YOUNKERS 1^ I � � .J /J✓ upPnmusxr sro AN neFlm uxxT e WvnL I I 11�I II I 1 I I I I I I 1 I I ' O I 1 � 1 O I I I I I I I, I I REPUS TAURANT II 1CKER DRIVE 1 I NUDUp UE .INN I I I I I I N II a I r AAA - �� E :I A Al 2 PARCEL N0, t 49.923 AG 6 MALL ti A AA AA� OWN r .SIGN YdUNKERS C �''� e\l 0¢YiItMNT 9NR6 / d C PENNEY I 4 ILJ Yxn MNT _w _ se�nu xewrx Avr a<a \ f @ I 3 r J T. L zz yl- - - - - - - - - DEST—I BUY A ° Dueue RgxK �i e / ANhTru8GET v n V-II 6X1'ERT IIRE �4 J 55 I E I y _ - - • YL4VA914N-. —�77 %J WACKER DRIVE \\ \ �/Iz BIACrcOusTER v1UFYJ i PCgRLB VISION WCNDY3 I CHI-CHI'E RESTAURANT SLADE ETEN'EAR US BANK Od KING PHOYF3SIONAL BUILDING TATRftOgM SITE LOCATION EXISTING TOTAL GROSS LEASABLE AREA 566,589.0E SF -PROPOSED NEW GROSS LEASABLE AREA — 62,000.00 SF TOTAL PROPOSED GROSS LEASABLE AREA 688,569.0E SF EXISTING TOTAL PARKING SPACES 2,94E EXISTING PARKING RATIO (2,946/588.589) 5.026 (15P PER 200 SF) PROPOSED TOTAL PARKING SPACES 2,675 PROPOSED PARKING RATIO (2,845/686,589) — 4.00 (ESP PER 250 SF) THIS SITE PLAN REPRESENTS ONLY THE EXISTING BUILDINGS AND PARKING AREAS AT THE I(ENNEDY MALL 1 DOES NOT REPRESENT ANY PROPOSED BUILDINGS OR PARKING AREAS. THE PROPOSED ADDITION OF 82,000 SF OF NEW GLA MAY BE LOCATED ANY WHERE ON THE MALL SITE THAT SATISFIES THE CITYS BUILDING AND ZONING REGULATIONS. RICHARDSON cMIWAC I BVICK. NDNOA I CNC TRUCHS gENNEDY Rd OD . /LONG 91LVERS BURNED 9ROPK0 TOYS R U9 / N.me: pmP, AUL 31. LD00 _ D:LE.m THE CAFARO COMPANY F.L.D. {� �) Ge-1Go3 2"AYoun9ebvn.A Oploa MfiW u4108 °tl � 11 E Y Is L 0 P E R 0 9500 PuyolluV.I WA�009T91t i56 D.`ALE al�� TorpL wk TX19 91TE YWN 9110N9 ONLY "PPRGANATE IUCATIGN9 AND VINENSION9 OF TN6 DEM49ED PR¢1119 FS WNOIURO RE4¢RYLq 9'Flf PIGMi fi CUNSfRVCF AUDITI4NA1. NUILDIXGS pND IN3IALL 9kgp66 TXEPEPofl N11111YV TX¢ pg6A3 OESIGNA2E0 AN P¢RNIsaItlLE BUILDING AND PAREINc pAEAR RTNEA, WNDIARD RE36RVE3 TN6 AIL Nf TG CNANLL THE t1AXC ANp IM'pTIGX OP MllEfl T6NANl3. MUNBBft OP WGN3. PARNINC ARMNG6NfNT, LNIAAHCES. 93PVICf ANP.A3. EIF, PPDVWINC TDTpL PROI ECi AREA STORE {RONTAGf SNWIN4 APBp OP PAAKINL AREA ARE XM 9UBBTANTALLY RLD UC6D. KENNEDY MALL ' ouBlwuE, IowA NINL N0 055 P-1 15-11.8 C-3 General Commercial District Identification Signs 2 per foot for first 100 lineal 1 per 100 lineal feet of frontage, then 1 per feet of frontage; 3 each additional lineal foot; signs per premises Freestanding maximum 500 aggregate sf maximum; signs Business, Retail or per premises; no sign shall shall be separated Office exceed 200 sf by at least 100 feet 10 percent of any one Wall building wall, or 400 2 per business per aggregate sf, whichever is street frontage less 1 per street Shopping Center or Freestanding 300 per sign frontage multiple tenant building Wall 100 per sign 1 per business per street frontage Freestanding Used auto sales when accessory to a 250 per sign 1 per premises new auto dealership Wall Directory Wall 10 per sign 1 per building entrance Freestanding Wall 20 per sign 4 per canopy Canopy Wall Nameplate 6 per sign All Applications 1 per business per street frontage Directional Signs Freestanding All Applications 6 per sign Not specified Wall M 111 40 feet No Flashing Below eave or parapet 40 feet No Flashing Below eave or parapet 40 feet No Flashing Below eave or parapet Below eave or No Flashing parapet On canopy fascia Internal only, No Flashing Below eave or No Flashing parapet 10 feet Internal only, 0 Below eave or no flashing parapet No Flashing w None iR•7TT None None None CD v, None Prepared by: Wally Wernimont, City Planner Address: City Hall, 50 W. 13th St Telephone: 563-589-4210 Return to: Adrienne Breitfelder, City Clerk Address: City Hall, 50 W. 131h St Telephone: 563-589-4121 ORDINANCE NO. 19-24 AN ORDINANCE AMENDING TITLE 16, THE UNIFIED DEVELOPMENT CODE OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RESCINDING ORDINANCE 80-03 WHICH PROVIDES REGULATIONS FOR A PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PC PLANNED COMMERCIAL DESIGNATION AT 555 JOHN F KENNEDY ROAD AND ADOPTING AN AMENDED PUD ORDINANCE TO ALLOW FOR ADDITIONAL SIGNAGE, REDUCED PARKING REQUIREMENTS, AND INCREASED GROUND FLOOR LEASABLE AREA NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16, the Unified Development Code of the City of Dubuque Code of Ordinances is hereby amended by rescinding Ordinance 80-03, which provides regulations for the Kennedy Mall Planned Unit Development District with a Planned Commercial designation, and now being amended to allow for additional signage, reduced parking requirements, and increased Ground Floor Leasable Area, to wit: Lot 1 of Lot 2 of Lot 2 of Clin-Que, Inc. Addition, and Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Hawkeye Stock Farm, and to the centerline of the adjoining public right-of-way, as shown in the attached Exhibit A, all in the City of PUD Ordinance 19-24 Kennedy Mall PUD Dubuque, Iowa. Page 2 of 6 Section 2. Pursuant to Iowa Code Section 414.5, and as an express condition of the reclassification, the undersigned property owner agrees to the following conditions, all of which the property owner further agrees are reasonable and imposed to satisfy the public needs that are caused directly by the zoning reclassification: A. Use Regulations The following regulations shall apply to all land uses in the above -described PUD District. 1. All permitted, conditional, accessory, and temporary uses allowed in the C-3 General Commercial District as established in Section 16-5-13 of the Unified Development Code B. Lot and Bulk Regulations Development of land in the PUD District shall be as follows: 1. All buildings and structures shall be regulated as follows: a. Maximum building height shall be 50 feet, except the following may exceed the height limit: ornamental towers, domes, spires, elevator bulkheads, HVAC equipment and their protective housings. 2. All final site development plans shall be approved in accordance with the provisions of the PUD District regulations of this ordinance and Section 16-5-24 of the Unified Development Code. C. Performance Standards The development and maintenance of uses in this PUD District shall be established in conformance with Section 16-5-24 of the Unified Development Code and the following standards: 1. The parking requirement for the Kennedy Mail PUD District shall be one space per 300 square feet of Ground Floor Leasable Area (GFLA). This area excludes common areas such as mail concourses and utility rooms. 2. Adequate illumination shall be provided to areas used for vehicle and pedestrian circulation. New outdoor fixtures shall be of a cut-off design and utilize a minimum of 72-degree cut- PUD Ordinance 19-24 Page 3 of 6 Kennedy Mall PUD off luminaire. 3. Final site development plans shall be submitted in accordance with Section 16-12 Site Plans of the Unified Development Code of the City of Dubuque, Iowa, prior to construction of any buildings. D. Sign Regulations Signs in the PUD District shall be regulated as follows: The primary shopping center identification sign adjacent to U.S. Highway 20 shall be limited to 700 square feet (each side) and a maximum height of 50 feet. 2. Four (4) tenant identification signs shall be allowed. Each sign shall be a ground -mounted sign a maximum of thirty (30) feet high and twelve (12) feet long. Multiple tenants can be displayed on these signs with square footage to be allocated by the developer. 3. Tenants occupying greater than 30,000 square feet of Ground Floor Leasable Area (GFLA) shall be allowed an unlimited number of wall -mounted signs. The total aggregate square footage of wall -mounted signs will be based on 20% of the front building wall area of the leased space. 4. Tenants occupying less than 30,000 square feet of Ground Floor Leasable Area (GFLA)shall be allowed an unlimited number of wall -mounted signs. The total aggregate square footage of wall -mounted signs will be based on 10% of the front building wall area of the leased space. 5. Tenants whose sole means of customer ingress and egress is through an interior storefront (allocated by developer) shall be allowed an unlimited number of wall -mounted signs. The total aggregate square footage of the tenant's wall -mounted signs will be based on 3% of tenant's Ground Floor Leasable Area (GFLA). 6. Signs mounted to mansard roofs are allowed. Top of sign cannot project above roof line. 7. Outlot signage: a. Each outlot parcel shall be allowed wall -mounted signage as per the C-3 General Commercial District sign regulations PUD Ordinance 19-24 Page 4 of 6 Kennedy Mall PUD (Section 16-15-11.8 of the Unified Development Code). The maximum number of signs per business is four (4). b. Each outlot parcel shall be allowed one (1) freestanding sign, limited to 100 square feet in size and a maximum height of 25 feet. 8. Directional signs will be allowed as permitted by C-3 General Commercial District sign regulations (Section 16-15-11.8 of the Unified Development Code). 9. Variance requests from sign requirements for size, number, and height shall be reviewed by the Zoning Board of Adjustment in accordance with Section 16-8-6 of the Unified Development Code. 10. 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. 11. Motion: No signs may include any device or means, mechanical, electrical or natural, which shall cause motion of the sign panel or any part thereof. No flashing lights or changing colors shall be allowed. Message center signs are exempt from this provision. E. Previous Conceptual Plans 1. That all previously approved conceptual development plans are hereby rescinded and that the attached conceptual plan, Exhibit A, shall hereinafter regulate the Kennedy Mall Planned Unit Development District. F. Ordinance History 1. Ord. 2-66: Establishment of zoning district (Local Business District B) for Kennedy Mall. 2. 1985: The property was given a PC Planned Commercial District classification. 3. Ord. 48-86: Amended the PUD to allow an outlot development (cinema and fabric store). 4. Ord. 29-89: Amended the PUD to allow the reconfiguration and addition of retail space and the conversion of other retail space into a food court. PUD Ordinance 19-24 Kennedy Mali PUD Page 5 of 6 5. Ord. 40-03: Amended the PUD to add an outlot development (Best Buy) and reduce the parking requirement. 6. Ord. 80-03: Amended the PUD to reduce the parking requirement, increase the allowed ground floor leasable area, and allow a new freestanding center identification sign. G. 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 PUD District. H. Modifications Any modification of the Ordinance must be approved by the City Council in accordance with the Zoning Reclassification proceedings of Section 16-9 of the Unified Development Code. Recording A copy of this PUD Ordinance shall be recorded, at the expense of the property owner, with the Dubuque County Recorder as a permanent record of the conditions accepted as a part of this reclassification approval. 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. The foregoing amendment shall take effect upon publication, as provided by law. Passed, approved and adopted this 17th day of June, 2024. In.mm-07 Attest: Adrienne N. Breitfelder, City Clerk ACCEPTANCE OF ORDINANCE NO. I`) -24 I, Anthony M. Cafaro, Jr., representing the Cafaro Company, property owners, having read the terms and conditions of the foregoing Ordinance No. ) 1 -24 and being familiar with the conditions thereof, hereby accept the same and agree to the conditions required therein. Dated this day of �� L �„z-� _ 2024. 7 a _ m LOGAN KRONStAIN Notary Public / � - " `� State of Ohio l �0�=` or My Comm. Expires Anthony M. Cafaro, Jr. January 17, 2028 WACKER DRIVE I� 14 U Exhibit A - Concept Plan E6 xos �,6 BIES DRI vwtaw [<eClxk Flhaiauss cEn,uT'xtNA vPiaars sl�iv� ai / - ovE tFs CENTURY DRIVE L I � -_ I � LE" -ff-75 � 7�1 ..t Commercial &Industrial FKAfARO Real Estate Deeve loess -. E.r rwY n �rr�i�a� LEGAL DESCRIPTION Sit �In M Sm �a} n t el �! et la[ 1 d Icle1 el wwie fits i Imn n e� xpora mine i °a�exp1eor°�:eaim°v�i K� x'�°. e'a r.e eemre« a d wew:r.. wer.q.e r°ar..r le.e� see e.�ea tines eo..awa ww tee.. m lae.l: wet wXA m S/r11rcn nber xi 1 Ncme Gebw rtr w:fas �l e� � lieu tbo.[Bor. d wro+eal 0 3Mripr d 35l}P terl dwg ri+ "wetin lFrr m wrm � iM� earb.�xv. Ptak £ar.Uen Se: mprwrm,ewrf ..Yn m e/C �n Gm-4.en� eN6Nnmiwe Gn-Gww N Ser:tien R0. m e pu,t nee me„om.ntee. Thatr N tWSt'3Yw. p Ilta6u d J00.11 fxt. m e pdM, imt r.wwemxa; l,rvw x Ztiy'�Tw, 0 6evG [/ Jo3.]4 rest. m p pdN, w! nwrrw•er�tw: ,�. x ew.)�p•w. a ®eearn d sim t..t m e pelnL —4 me„�meMre: )�. 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LTD. �� LLI Pe, NEP9,CHOum6 Z zarv,N—: sxappxxlcerrteR d 0 SONK K st) ��AQ �llttlnxR EdGnOn of mrlEx ocdtvn�ms�NlueER tiCrsOdn9, ev E PPPKINGPAAPNGEeENT6,ENrRPNGEG. £ERWLEG. ETG- -ENT KENNEOY MALL - 55 p-1 RITE °1'P'1 ....o., lawn Doc ID: 011234930008 Type: GEN Kind: ORDINANCE Recorded: 06/18/2024 at 02:37:41 PM Fee Amt: $42.00 Paqe 1 of 8 Dubuque County Iowa Karol Kennedy Recorder File2024-00005485 Prepared by: Wally Wernimont, City Planner Address: City Hall, 50 W. 13th St Telephone: 563-589-4210 Return to: Adrienne Breitfelder, City Clerk Address: City Hall, 50 W. 131h St Telephone: 563-589-4121 ORDINANCE NO. 19-24 AN ORDINANCE AMENDING TITLE 16, THE UNIFIED DEVELOPMENT CODE OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RESCINDING ORDINANCE 80-03 WHICH PROVIDES REGULATIONS FOR A PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PC PLANNED COMMERCIAL DESIGNATION AT 555 JOHN F KENNEDY ROAD AND ADOPTING AN AMENDED PUD ORDINANCE TO ALLOW FOR ADDITIONAL SIGNAGE, REDUCED PARKING REQUIREMENTS, AND INCREASED GROUND FLOOR LEASABLE AREA NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16, the Unified Development Code of the City of Dubuque Code of Ordinances is hereby amended by rescinding Ordinance 80-03, which provides regulations for the Kennedy Mall Planned Unit Development District with a Planned Commercial designation, and now being amended to allow for additional signage, reduced parking requirements, and increased Ground Floor Leasable Area, to wit: Lot 1 of Lot 2 of Lot 2 of Clin-Que, Inc. Addition, and Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Hawkeye Stock Farm, and to the centerline of the adjoining public right-of-way, as shown in the attached Exhibit A, all in the City of 4Z00 & tI k're PUD Ordinance 19-24 Kennedy Mall PUD Dubuque, Iowa, Page 2 of 6 Section 2. Pursuant to Iowa Code Section 414.5, and as an express condition of the reclassification, the undersigned property owner agrees to the following conditions, all of which the property owner further agrees are reasonable and imposed to satisfy the public needs that are caused directly by the zoning reclassification: A. Use Regulations The following regulations shall apply to all land uses in the above -described PUD District. 1. All permitted, conditional, accessory, and temporary uses allowed in the C-3 General Commercial District as established in Section 16-5-13 of the Unified Development Code B. Lot and Bulk Regulations Development of land in the PUD District shall be as follows: All buildings and structures shall be regulated as follows: a. Maximum building height shall be 50 feet, except the following may exceed the height limit: ornamental towers, domes, spires, elevator bulkheads, HVAC equipment and their protective housings. 2. All final site development plans shall be approved in accordance with the provisions of the PUD District regulations of this ordinance and Section 16-5-24 of the Unified Development Code. C. Performance Standards The development and maintenance of uses in this PUD District shall be established in conformance with Section 16-5-24 of the Unified Development Code and the following standards: The parking requirement for the Kennedy Mall PUD District shall be one space per 300 square feet of Ground Floor Leasable Area (GFLA). This area excludes common areas such as mall concourses and utility rooms. 2. Adequate illumination shall be provided to areas used for vehicle and pedestrian circulation. New outdoor fixtures shall be of a cut-off design and utilize a minimum of 72-degree cut- PUD Ordinance 19-24 Page 3 of 6 Kennedy Mall PUD off luminaire. 3. Final site development plans shall be submitted in accordance with Section 16-12 Site Plans of the Unified Development Code of the City of Dubuque, Iowa, prior to construction of any buildings. D. Sign Regulations Signs in the PUD District shall be regulated as follows: The primary shopping center identification sign adjacent to U.S. Highway 20 shall be limited to 700 square feet (each side) and a maximum height of 50 feet. 2. Four (4) tenant identification signs shall be allowed. Each sign shall be a ground -mounted sign a maximum of thirty (30) feet high and twelve (12) feet long. Multiple tenants can be displayed on these signs with square footage to be allocated by the developer. 3. Tenants occupying greater than 30,000 square feet of Ground Floor Leasable Area (GFLA) shall be allowed an unlimited number of wall -mounted signs. The total aggregate square footage of wall -mounted signs will be based on 20% of the front building wall area of the leased space. 4. Tenants occupying less than 30,000 square feet of Ground Floor Leasable Area (GFLA)shall be allowed an unlimited number of wall -mounted signs. The total aggregate square footage of wall -mounted signs will be based on 10% of the front building wall area of the leased space. 5, Tenants whose sole means of customer ingress and egress is through an interior storefront (allocated by developer) shall be allowed an unlimited number of wall -mounted signs. The total aggregate square footage of the tenant's wall -mounted signs will be based on 3% of tenant's Ground Floor Leasable Area (GFLA). 6. Signs mounted to mansard roofs are allowed. Top of sign cannot project above roof line. 7. Outlot signage: a. Each outlot parcel shall be allowed wall -mounted signage as per the C-3 General Commercial Distdct sign regulations PUD Ordinance 19-24 Page 4 of 6 Kennedy Mall PUD (Section 16-15-11.8 of the Unified Development Code). The maximum number of signs per business is four (4). b. Each outlot parcel shall be allowed one (1) freestanding sign, limited to 100 square feet in size and a maximum height of 25 feet. 8. Directional signs will be allowed as permitted by C-3 General Commercial District sign regulations (Section 16-15-11.8 of the Unified Development Code). 9. Variance requests from sign requirements for size, number, and height shall be reviewed by the Zoning Board of Adjustment in accordance with Section 16-8-6 of the Unified Development Code. 10. 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. 11. Motion: No signs may include any device or means, mechanical, electrical or natural, which shall cause motion of the sign panel or any part thereof. No flashing lights or changing colors shall be allowed. Message center signs are exempt from this provision. E. Previous Conceptual Plans That all previously approved conceptual development plans are hereby rescinded and that the attached conceptual plan, Exhibit A, shall hereinafter regulate the Kennedy Mall Planned Unit Development District. F. Ordinance Histo 1. Ord. 2-66: Establishment of zoning district (Local Business District B) for Kennedy Mall. 2. 1985: The property was given a PC Planned Commercial District classification. 3. Ord. 48-86: Amended the PUD to allow an outlot development (cinema and fabric store). 4. Ord. 29-89: Amended the PUD to allow the reconfiguration and addition of retail space and the conversion of other retail space into a food court. PUD Ordinance 19-24 Kennedy Mall PUD Page 5 of 6 5. Ord. 40-03: Amended the PUD to add an outlot development (Best Buy) and reduce the parking requirement. 6. Ord. 80-03: Amended the PUD to reduce the parking requirement, increase the allowed ground floor leasable area, and allow a new freestanding center identification sign. G. 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 PUD District. H. Modifications _ Any modification of the Ordinance must be approved by the City Council in accordance with the Zoning Reclassification proceedings of Section 16-9 of the Unified Development Code. Recording A copy of this PUD Ordinance shall be recorded, at the expense of the property owner, with the Dubuque County Recorder as a permanent record of the conditions accepted as a part of this reclassification approval. 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. The foregoing amendment shall take effect upon publication, as provided by law. Passed, approved and adopted this 17t' day of June, 2024. r.7�0` PWF' Brad M. alayor Attest: Adrienne N. Breitfelder, City Clerk ACCEPTANCE OF ORDINANCE NO. f-24 I, Anthony M. Cafaro, Jr., representing the Cafaro Company, property owners, having read the terms and conditions of the foregoing Ordinance No. I �1 -24 and being familiar with the conditions thereof, hereby accept the same and agree to the conditions required therein. t 41,\ K----- Dated this 1C. day of ;� �_4 r, 2024. toNot LOKRONS Notary Publicic / _ Y ° State of Ohio �'J' ,•4�4g" = January t 7, 2028Anthonyomm. Expires January ntM. Cafaro, Jr. r s 4 w STONEMAN ROAD If d X _=r t 0 0 CD nrrt W ...,....�.. ,......,. o I � Fp � ..».�,.._. ..._.,...�.:, CENTURY GRCIE 1 v cn 0 A m # }t =rrrrrrr r r rr rrrr it 1! 'F P4�r�r`r it !,,TH t : l � is Ii,I i i I Ii1!ti I- t f l irrtr v 7 r !c rig ; III fit X 11111i tQQ 11milli., Im 9 C!� �a{jtat6I II S r(iEl 3 till }f11gip Z t fit t r l _ CERTIFICATE of the CITY CLERK STATE OF IIOWA 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.19-24 is a true and correct copy of the original. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa, on this 18th day of June 2024. Adrienne N. Breitfelder, City Clerk nn dy Ma PUD Amendment www.CafaroCompany.com KE N N E DY • www.KennedyMall.com MALL —Est.1949 - KENNEDY MALL �..._ Practical Zoning • • 1. Signage is crucial for commercial leases with national retailers, often determining site selection in malls. Maximizing visibility is essential for attracting prominent retailers and ensuring viability and Kennedy Mall. 2. The wall -mounted storefront sign for the new Homegoods complies with the current PUD Ordinance but is vastly undersized compared to their 3. Kennedy Mall has been in the Dubuque community for over 50 years and needs the current PUD ordinance to be updated to meet KENNEDY MALL PUD Ordinance Signage Reg. ulations 1. The maximum wall -mounted sign is 100 sq.ft. per tenant frontage. (Land Development Regulations 15-1 1 .8) Kennedy Mall wishes to increase the size of the permitted maximum wall -mounted signage and conform to the regulations granted in the Asbury Plaza PUD Ordinance. 2. Existing interior storefront tenants cannot display exterior wall - mounted signs. Kennedy Mall wishes to provide interior wall tenants with the ability to display exterior wall -mounted signs, but restrict them 0 D. Sign Regulations: 2. Four (4) tenant identification signs shall be allowed. Each sign shall be a ground -mounted sign a maximum of thirty (30) feet high and twelve (12) feet long. Multiple tenants can be displayed on these signs with square footage to be allocated by the developer. 3. Tenants occupying greater than 30,000 square feet of leased area shall be allowed an unlimited number of wall - mounted signs. The total aggregate square footage of wall -mounted signs will be based on 20% of the front building wall area f the leased space. 4. Tenants occupying less than 30,000 square feet of leased area shall be allowed an unlimited number of wall - mounted signs. The total aggregate square footage of wall -mounted signs will be based on 10% of the front building wall area of the leased space. 5. Tenants whose sole means of customer ingress and egress is through an interior storefront (allocated by developer) shall be allowed an unlimited number of wall -mounted signs. The total aggregate square footage of the tenant's wall - mounted signs will be based on 3% of tenant's Ground Floor Leasable Area (GFLA). 6. Outlot Signage: a. Each outlot parcel shall be allowed wall -mounted signage as per the C-3 General Commercial District sign regulations. The maximum number of signs per business is four (4). b. Each outlot parcel shall be allowed one (1) freestanding sign, limited to 100 square feet in size and a maximum height of 25 feet. 7. Directional signs will be allowed as permitted by C-3 General Commercial District sign regulations. PUD Ordinance Building and Parking 1. Limit on maximum building expansion of 82,000 sq. ft. of G LA. Request to remove. 2. Minimum requirement of 2,675 parking spaces. Request to remove. 3. Parking ratio of 1 stall per 250 sq. ft. of GLA. Revise to 1 stall per 300 sq. ft. of GFLA. GLA = Gross Leaseable Area GFLA = Ground Floor Leaseable Area Advantages for Future Development Amending the PUD Ordinance allows Kennedy Mall to: • Have the ability to market and attract national retailers to the mall without having other centers in the surrounding area at a competitive advantage. • Updating parking requirements to more consistent standards may allow for more potential development in the future. • Provides flexibility to creatively redevelop the mall without being bound by the current configuration. • Continue to reinvest in the mall to ensure it can continue to serve the retail, service, dining, and entertainment needs of the surrounding area for many years to come. 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Irre M Ml.n M r . pMt M wwnwr4t YwN tivrrY� «•xa�e r ]M.IL M r w hM1 a rrMbL Ww'riI PROPERTY I NFORMATION onrx x��eo.bw.,,m KENNEDYMALL-55 KENNEDY MALL —Est.1949 — Parking Ratio Minimum Parking Building Expansion Interior Tenant Exterior Wall Signs PUD AMENDMENT: SUMMARY 1 stall per 250 SF GLA 2,675 Spaces 82,000 SF GLA 37, 000 SF Used 45,000 SF Available None 1 stall per 300 SF GFLA None No Limit, as long as development complies with parking ratio. 1 Per Tenant; 3% of GFLA Permit future development of outlot parcels and aid in the evolution of a modern day mall complex. Marketing Interior mall tenants with signage on the mall's exterior. Listed below are proposed regulations derived from competing developments in the City, including but not limited to Asbury Plaza PUD Ordinance. Wall -Mounted Signage Outlot Signage (1) Per Tenant 100 SF Max. C-3 District Regulations Zroposed Rea.WationW Less Than 30,000 SF GFLA: 10% Front Building Wall Area Greater Than 30,000 SF GFLA: 20% Front Building Wall Area Pwteason MW Alleviate the competitive disadvantage Kennedy Mall faces with other (4) Wall -Mounted Signs Per Business developments in the City. (1) Freestanding Sign Per Business 100 SF Max.; 25 FT height (1) Per Street Frontage (4) Ground Mounted Signs Multi -Tenant Identification Signs 300 SF max. 30 FT height x 12 FT long STATE OF IOWA SS: DUBUQUE COUNTY CERTIFICATE OF PUBLICATION I, Kathy Goetzinger, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: 06/07/2024 and for which the charge is 40.85 Subscribed to before me, a Notary Pu is in and for Dubuque County, Iowa, this 7th day of June, 2024 _ 1 Notary Publ'lu n and for Dubuque Co nty, Iowa. lrcossloln Nu nntbOr 191659 yy, r •, My Commisslo,-i Expires 11 /21025 rl C)4 -'4aI ale 19-aO (,b`(i�)irT1 �iyd t-.' ?4# 1 ,1Ta4) Ad text CITY OF DUBUQUE, IOWA OFFICIAL NOTICE PUBLIC NOTICE is hereby given that the Dubuque City Council will conduct public hearings on the 17th day of June, 2024, at 6:30 p.m., in the Historic Federal Building, 350 W. 6th Street, 2nd floor, Dubuque, Iowa, on the following: REZONINGS 1. "Request from Eric Dregne, Next Level, LLC to rezone property located at Wood Street, PIN 1023405014,1023407028, and 1023407029 from R-1 Single -Family Residential and R-3 Moderate Density Multi -Family Residential to Planned Unit Development with PR -Planned Residential designation. 2. "Request from Pat Ready, Origin Design to rezone property located at Millstone Drive, PIN 1016329042 from R-1 Single -Family Residential to R-3 Moderate Density Multi -Family Residential. AMENDMENT 1. "Request from Kennedy Mall, Ltd. for property located at 555 John F. Kennedy Road to amend the Kennedy Mall Planned Unit Development to modify parking, building, and sign regulations. 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 6/7 STATE OF IOWA SS: DUBUQUE COUNTY CERTIFICATE OF PUBLICATION I, Kathy Goetzinger, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: 06/21/2024 and for which the charge is 114.68 1 Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this 21st day of June, 2024 P Notary b 'c in and for Dubuque County, Iowa. FPS ni s�:M:E�ET K. PR�'E o sion Number 199659 ommission Expires 12/11/2025 (' I I -I )' oo,)4 ?tAA:L 3 C)uvA-- �C� -'*� Ad text : CITY OF DUBUQUE OFFICIAL PUBLICATION ORDINANCE NO. 19-24 AN'ORDINANCE AMENDING TITLE 16, THE UNIFIED DEVELOPMENT CODE OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RESCINDING ORDINANCE 80-03 WHICH PROVIDES REGULATIONS FOR A PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PC PLANNED COMMERCIAL DESIGNATION AT 555 JOHN F KENNEDY ROAD AND ADOPTING AN AMENDED PUD ORDINANCE TO ALLOW FOR ADDITIONAL SIGNAGE, REDUCED PARKING REQUIREMENTS, AND INCREASED GROUND FLOOR LEASABLE AREA NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16, the Unified Development Code of the City of Dubuque Code of Ordinances is hereby amended by rescinding Ordinance 80-03, which provides regulations for the Kennedy Mall Planned Unit Development District with a Planned Commercial designation, and now being amended to allow for additional signage, reduced parking requirements, and increased Ground Floor Leasable Area, to wit: Lot 1 of Lot 2 of Lot 2 of Clin-Que, Inc. Addition, and Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Hawkeye Stock Farm, and to the centerline of the adjoining public right-of-way, as shown in the attached Exhibit A, all in the City of Dubuque, Iowa. Section 2. Pursuant to Iowa Code Section 414.5, and as an express condition of the reclassification, the undersigned property owner agrees to the following conditions, all of which the property owner further agrees are reasonable and imposed to satisfy the public needs that are caused directly by the zoning reclassification: A. "Use Regulations The following regulations shall apply to all land uses in the above -described PUD District. 1. "All permitted, conditional, accessory, and temporary uses allowed in the C-3 General Commercial District as established in Section 16-5-13 of the Unified Development Code B. "Lot and Bulk Regulations Development of land in the PUD District shall be as follows: 1. "All buildings and structures shall be regulated as follows: a. "Maximum building height shall be 50 feet, except the following may exceed the height limit: ornamental towers, domes, spires, elevator bulkheads, HVAC equipment and their protective housings. " 2. "All final site development plans shall be approved in accordance with the provisions of the PUD District regulations of this ordinance and Section 16-5-24 of the Unified Development Code. C. "Performance Standards The development and maintenance of uses in this PUD District - shall be established in conformance with Section 16-5-24 of the Unified Development Code and the following standards: 1. "The parking requirement for the Kennedy Mall PUD District shall be one space per 300 square feet of Ground Floor Leasable Area (GFLA). This area excludes common areas such as mall concourses and utility rooms. 2. "Adequate illumination shall be provided to areas used for vehicle and pedestrian circulation. New outdoor fixtures shall be of a cut-off design and utilize a minimum of 72-degree cut-off luminaire. 3. "Final site development plans shall be submitted in accordance with Section 16-12 Site Plans of the Unified Development Code of the City of Dubuque, Iowa, prior to construction of any buildings. D. "Sign Regulations Signs in the PUD District shall be regulated as follows: 1. "The primary shopping center identification sign adjacent to U.S. Highway 20 shall be limited to 700 square feet (each side) and a maximum height of 50 feet. 2. "Four (4) tenant identification signs shall be allowed. Each sign shall be a ground -mounted sign a maximum of thirty (30) feet high and twelve (12) feet long. Multiple tenants can be displayed on these signs with square footage to be allocated by the developer. 3. "Tenants occupying greater than 30,000 square feet of Ground Floor Leasable Area (GFLA) shall be allowed an unlimited number of wall -mounted signs. The total aggregate square footage of wall -mounted signs will be based on 20 % of the front building wall area of the leased space. 4. "Tenants occupying less than 30,000 square feet of Ground Floor Leasable Area (GFLA)shall be allowed an unlimited number of wall -mounted signs. The total aggregate square footage of wall -mounted signs will be based on 10 % of the front building wall area of the leased space. 5. "Tenants whose sole means of customer ingress and egress is through an interior storefront (allocated by developer) shall be allowed an unlimited number of wall -mounted signs. The total aggregate square footage of the tenants wall -mounted signs will be based on 3 % of tenants Ground Floor Leasable Area (GFLA). 6. "Signs mounted to mansard roofs are allowed. Top of sign cannot project above roof line. 7. "Outlot signage: a. "Each outlot parcel shall be allowed wall -mounted signage as per the C-3 General Commercial District sign regulations (Section 16-15-11.8 of the Unified Development Code). The maximum number of signs per business is four (4). b. "Each outlot parcel shall be allowed one (1) freestanding sign, limited to 100 square feet in size and a maximum height of 25 feet. 8. "Directional signs will be allowed as permitted by C-3 General Commercial District sign regulations (Section 16-15-11.8 of the Unified Development Code). 9. "Variance requests from sign requirements for size, number, and height shall be reviewed by the Zoning Board of Adjustment in accordance with Section 16-8-6 of the Unified Development Code. 10. "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. 11. "Motion: No signs may include any device or means, mechanical, electrical or natural, which shall cause motion of the sign panel or any part thereof. No flashing lights or changing colors shall be allowed. Message center signs are exempt from this provision. E. "Previous Conceptual Plans 1. "That all previously approved conceptual development plans are hereby rescinded and that the attached conceptual plan, Exhibit A, shall hereinafter regulate the Kennedy Mall Planned Unit Development District. F. "Ordinance History 1. "Ord. 2-66: Establishment of zoning district (Local Business District B) for Kennedy Mall. 2."1985: The property was given a PC Planned Commercial District classification. 3. "Ord. 48-86: Amended the PUD to allow an outlot development (cinema and fabric store). 4. "Ord. 29-89: Amended the PUD to allow the reconfiguration and addition of retail space and the conversion of other retail space into a food court. 5. "Ord. 40-03: Amended the PUD to add an outlot development (Best Buy) and reduce the parking requirement. 6. "Ord. 80-03: Amended the PUD to reduce the parking requirement, increase the allowed ground floor leasable area, and allow a new freestanding center identification sign. G. "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 PUD District. H. "Modifications Any modification of the Ordinance must be approved by the City Council in accordance with the Zoning Reclassification proceedings of Section 16-9 of the Unified Development Code. I. "Recording A copy of this PUD Ordinance shall be recorded, at the expense of the property owner, with the Dubuque County Recorder as a permanent record of the conditions accepted as a part of this reclassification approval. 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. The foregoing amendment shall take effect upon publication, as provided by law. Passed, approved and adopted this 17th day of June, 2024. /s/Brad M. Cavanagh, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 21st day of June, 2024. /s/Adrienne N. Breitfelder, CMC, City Clerk It 6/21