Medical Associates Clinic PUD Amendment 2nd ReadingTHE crrx of Dubuque
--.. -
DUB E ~"~''~~~
Masterpiece on the Misszssi~rpi
~~
2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Medical Associates Clinic PUD Amendment
DATE: February 13, 2008
In response to a request, Planning Services Manager Laura Carstens has provided
additional information on the Medical Associates Clinic PUD Amendment and the City
Council's actions on PUD amendment requests over the last five years.
~~~ ~~-
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, A::sistant City Manager
Laura Carstens, Planning Services Manager
TO: Michael Van IVlilligen, City Manager
FROM: Laura Carstens, Planning Services Manager ~~
SUBJECT: Medical Associates Clinic PUD Amendment
DATE: February 12, 2008
Introduction
The purpose of this memorandum is to provide additional information regarding the
ordinance for the Medical p,ssociates Clinic PUD (Planned Unit Development)
amendment, which was given a first reading at the February 4, 2008 City Council
meeting.
Discussion
Enclosed as you requested is Ordinance No. 32-96 for the Medical Associates Clinic
PUD that established the grreen space along the north side of the medical campus. The
green space is described iri section D of the PUD Ordinance and is shown on the
conceptual development plan as Private Greenway Easement.
The enclosed ordinance under consideration for the PUD amendment does not contain
any conditions on the allowed uses, exterior appearance, setbacks, height, landscaping
or screening of the proposed building, or the placement of its parking and loading areas.
Since the Zoning Advisory Commission recommended denial, no conditions were
recommended for this amenndment.
As presently written, the PUD ordinance would allow any of the 66 principal permitted
uses and 3 conditional uses allowed in the C-3 Commercial District in the proposed
building (see enclosed Section 3-3.3 of the Zoning Ordinance).
The PUD ordinance limits k~uilding height to 40 feet, which is 3 to 4 stories.
The PUD ordinance uses C;-3 bulk regulations. Setbacks are 20 feet for the front yard
(street frontage) and 0 feet for side and rear yards.
The concept plan for the proposed building, Exhibit A, is not to scale, so staff cannot
determine square footage of the building footprint or setbacks.
Medical Associates Clinic F'UD Amendment
Page 2
The PUD ordinance requires landscaping in accordance with the Zoning Ordinance.
The Zoning Ordinance requires screening (fences, plantings or berms) between
commercial uses and residential uses.
Since the project area is not adjacent to residential because a green space buffer is
shown between the neighborhood and the medical campus on Exhibit A, there is no
screening required.
Exhibit A shows a dashed line for visual screening along the green space, but there is
no information on what this screening would be.
You inquired as how common is it that the City Council makes changes to PUDs and
under what circumstances. In the last 5 years, the City Council has reviewed 24 PUD
amendments. In 2 cases, the City Council overturned the Zoning Advisory
Commission's recommendations. In all other cases, the PUD amendments were
approved as recommendeal by the Zoning Advisory Commission.
Conclusion
The City Council can concur with the Zoning Advisory Commission's recommendation
for denial by a simple majority vote.
The City Council can approve the ordinance for the PUD amendment with conditions by
a simple majority vote.
I recommend that this information be shared with the City Council prior to final action on
this PUD amendment. Please contact me with any questions or for more information.
Enclosures
Prepared by: Laura Carstens, Ciity Planner Address: City Hall, 50 W. 13th St Telephone: 589-4210
Return to: Jeanne Schneider, City Clerk Address: City Hall- 50 W. 13 St Telephone: 589-4121
ORDINANCE NO. -08
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY
OF DUBUQUE CODE OF ORDINANCES BY ADOPTING A REVISED PLANNED UNIT
DEVELOPMENT ORDINANCE FOR THE MEDICAL ASSOCIATES WEST CAMPUS
PLANNED UNIT DEVELOPMENT DISTRICT AND BY AMENDING ORDINANCES 24-94,
32-96, AND 35-99, AND THE=1R RESPECTIVE CONCEPTUAL DEVELOPMENT PLANS.
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 amencled by adopting a revised Planned Unit Development
Ordinance and amending thE~ private greenway easement on the conceptual development
plan as shown on Exhibit A for the Medical Associates West Campus as stated below, to
wit:
Lot 1 and Lot 9 Medical Associates Subdivision, Lot 1 thru 10 Medical Associates
Subdivision No. 2, Lot A Medical Associates Subdivision No. 3, Lot 1 thru 12 of Oak Park
Place, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque,
Iowa.
Section 2. Planned Unit Development Regulations
A. Use Re~gulations: The following regulations shall apply to all uses
made of land in the above-described PUD District in accordance with
the conceptual development plan:
1) Phases 1, 2 and 3 Business: All principal permitted, accessory,
conditional and temporary uses allowed in the C-3 General
Commercial District as established in Section 3-3.3 of the
Zoning Ordinance.
2) Phase 1 Residential. All principal permitted, accessory,
conditional and temporary uses allowed in the R-2 Two-Family
Ordinance No. -08
Page 2
Residential District as established in Section 3-1.2 of the
,Zoning Ordinance.
3) Phase 2 Residential: All principal permitted, accessory,
conditional and temporary uses allowed in the R-3 Moderate
Density Multi-Family Residential District as established in
Section 3-1.4 of the Zoning Ordinance.
4) Phase 3 Residential: All principal permitted, accessory,
conditional and temporary uses allowed in the R-4 Multi-Family
Residential District as established in Section 3-1.5 of the
Zoning Ordinance.
5) City Park Land and Natural Preserve: Public and private parks,
nature preserve and similar passive and active recreational
uses.
B. Development, Lot and Bulk Regulations: Development of land in the
PUD District shall be regulated as follows:
1) ,All building structures and activities shall be developed in
conformance with the attached conceptual development plan
and Exhibit A. All final site development plans shall be
approved in accordance with provisions of this ordinance and
of Sections 3-5.5, 4-4 and 4-5 of the Zoning Ordinance.
2) .All buildings and structures shall be located in accordance with
the lot and bulk regulations of the districts identified in Section
2.A of this Ordinance for Phases 1, 2 and 3 Business, Phases
1, 2 and 3 Residential, and in accordance with the bulk
regulations of the POS Public Open Space District for City park
land and natural preserve, as established in Section 3-5.4 of
the Zoning Ordinance.
3) A maximum building height of 40 feet shall be allowed for the
medical and commercial uses, except a maximum 30 feet
height limit shall be required for Lots 1, 2 and 3 of Medical
Associates Subdivision No. 2.
C. Perfornnance Standards: The development and maintenance of uses
in this I'UD district shall be established in conformance with Section 3-
5.5 of the Zoning Ordinance and the following standards:
1) Lighting shall be provided per City standards.
2) Landscaping shall be provided in compliance with Section 4-5
of the Zoning Ordinance and as stipulated in the conceptual
development plan.
Ordinance No. -08
Page 3
3) .All utilities, including telephone and cable television, shall be
installed underground.
4) Sidewalks shall be placed four (4) feet behind the curb parallel
~to the street on all public street frontages, connecting all
commercial, residential, and institutional areas, and
constructed in accordance with City standards.
5) To preserve topographical or natural features or to provide
visual interest, an alternative pedestrian system that provides
safe and convenient circulation shall be placed in accordance
with the green ways, City park land, natural preserve and open
space areas designated on the conceptual development plan
and constructed in accordance with City standards away from
the street system to link dwelling units with other dwelling units,
streets and on-site activity centers such as parking and
recreation areas.
6) Final site development plans shall be submitted to the City
Planner for approval prior to the issuance of building permits
and/or related construction permits in accordance with Section
3-5.5 and 4-4 of the Zoning Ordinance, unless otherwise
exempted.
7) Major final site development plans for Phases 1, 2 and 3
Business also shall be submitted to the Zoning Advisory
Commission. The Commission shall approve the site plans if
they are determined to be in substantial conformance with the
conceptual development plan.
8) Preliminary and final subdivision plats shall be submitted to the
City Planner for approval in accordance with Chapter 42
(Subdivision Regulations) of the Code of Ordinances.
9) .All streets shall be dedicated to the public.
D. Open Space and Recreational Areas
1) Those areas not designated on the conceptual development
plan for development shall be maintained as open space, as
defined by Section 8 of the Zoning Ordinance, by property
owner(s) and/or property or homeowner's association.
2) Those areas designated on the conceptual development plan
as City park land and natural preserve shall be dedicated to the
City of Dubuque in accordance with Chapter 42 (Subdivision
Regulations) of the Code of Ordinances.
E. Sign R~sgulations: The sign regulations for the PUD District shall be in
accordance with Section 4-3.11 of the Zoning Ordinance as follows:
Ordinance No. -08
Page 4
1) Phases 1, 2 and 3 Business (Medical Office: ID Institutional
District.
2) Phases 1, 2 and 3 Business (Office/Retail/Service) Signage
shall be allowed in compliance with the C-3 District
requirements, plus two 300 square foot freestanding
identification signs not exceeding 40 feet in height shall be
allowed identifying the businesses in the complex, subject to
the following conditions:
a) Approval by the Iowa Department of Transportation
(IDOT) of the location and placement of the signs.
b) Vacation by the City Council of the medians of
Associates Drive and Chavenelle Road, with ownership
of the median transferring to Medical Associates Clinic,
thereby making these on-premise signs.
c) No off-premise signs shall be allowed.
3) Phases 1, 2 and 3 Residential, City park land and Natural
Preserve: R-1 District.
F. Additioinal Standards
1) The conceptual development plan shall be valid for a period of
ten (10) years after publication of Ordinance -08. The
Zoning Advisory Commission may grant an extension in
accordance with Section 3-5.5 of the Zoning Ordinance.
2) No buildings may be erected and no uses may occupy any
portion of the PUD District until the required related off-site
improvements are constructed or appropriate security as
determined by the City Manager is provided to insure
construction. As the PUD District is to be developed in phases,
all improvements necessary for the proper operation and
functioning of each phase, even though some improvements
may be located outside of the phase under development or
outside the PUD District, must be constructed and installed or
appropriate security as determined by the City Manager must
be provided to insure their construction.
3) Access to the Northwest Arterial for Phases 1, 2 and 3
Business shall be approved by the City Council, and limited to
a full, signalized intersection at Chavenelle Road, aright-
in/right-out only access south of Chavenelle Road and a
restricted emergency-only access shall be provided to Donovan
Drive.
Ordinance No. -08
Page 5
G. Transfer of Ownership: Transfer of ownership or lease of property in
this PUD District shall include the transferor lease agreement a
provision that the purchaser or lessee acknowledges awareness of the
conditions authorizing the establishment of the district.
H. Reclassification of the Subject Property: The City of Dubuque, Iowa
may initiate zoning reclassification proceedings to the R-1 Single-
Family Residential District in accordance with Section 6 of the Zoning
Ordinance if the property owner(s) fail(s) to complete or maintain any
of the conditions of this ordinance.
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.
Recordin~c : A copy of this Ordinance shall be recorded at the expense
of the property owner(s) with the Dubuque County Recorder as a
permanent record of the conditions accepted as part of this
reclassification approval within 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.
by law.
Attest:
Section 4. The foregoing amendment shall take affect upon publication, as provided
Passed, approved and adopted this day of 2008.
Roy D. Buol, Mayor
Jeanne F. Schneider, City Clerk
Prepared by: Laura Carstens, City Planner Address: City Hall Telephone: 589-4210
A. Use Regulations.
The following regulations shall apply to all uses made of land in the
above described PUD District in accordance with the conceptual development
plan:
1) Phases 1, 2 and 3 Rosiness--41i nrinrin~l ne~Mi±±od Z~~pccQr~~~
conditional and temporary uses allowed in the C-3 General Commercial
District as established in Section 3-3.3 of the Zoning Ordinance.
ORDINANCE NO
IOWA:
32 -96
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE
CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED
EAST OF THE NORTHWEST ARTERIAL AT CHAVENELLE ROAD FROM R-1 SINGLE-FAMILY
RESIDENTIAL DISTRICT TO PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PC
PLANNED COMMERCIAL DISTRICT DESIGNATION AND A PR PLANNED RESIDENTIAL DISTRICT
DESIGNATION AND ADOPTING A CONCEPTUAL DEVELOPMENT PLAN, WITH CONDITIONS.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
Section 1. Appendix A (the Zoning Ordinance) of the City of Dubuque Code of
Ordinances is hereby amended by reclassifying the hereinafter described property
from R-1 Single-Family Residential District to PUD Planned Unit Development District
with a PC Planned Commercial District designation and a PR Planned Residential
District designation and adopting a conceptual development plan, a copy of which is
attached to and made a part hereof, with conditions as stated below, to wit:
Lot 2 of 8, Sunset Park Sixth Addition; Lot C, Sunset Park Eighth Addit ion;
and Lot 1 of the SE 1/4 NW 1/4, Lot 1 of Lot 2 of the SW 1/4 NW 1/4, Lot 1 of
the NE 1/4 SW 1/4; and Lot 1 of Lot 2 of the NW 1/4 SW 1/4, all in Sec. 28,
T.89 N., R.2 E. of the 5th P.M., to the center line of the adjoining public
right-of-way., all in the City of Dubuque, Iowa.
Section 2. Pursuant to Iowa Code Section 414.5 (1993), and as an express
condition of the reclassification, the undersigned property owner(s) agree(s) to the
following conditions, all of which the property owner(s) further agree(s) are
reasonable and imposed to satisfy the public needs that are caused directly by the
zoning reclassification:
2) Phase 1 Residential--All principal permitted, accessory, conditional
and temporary uses allowed in the R-Z Two-Family Residential District
as established in Section 3-I.2 of the Zoning Ordinance.
ORDINANCE 32 -96
Page 2
3) Phase 2 Resicential--All principal permitted., accessory, conditional
and temporary uses allowed in the R-3 Moderate Density Multi-Family
Residential C~istrict as established in Section 3-1.4 of the Zoning
Ordinance
4) Phase 3 Residential--All principal permitted, accessory, conditional
and temporary- uses allowed in the R-4 Multi-Family Residential
District as Established in Section 3-1.5 of the Zoning Ordinance.
5) City Park Larid and Natural Preserve--Public and private parks, nature
preserve and similar passive and active recreational uses.
B. Development, Lot and Bulk Regulations.
Development of land in the PUD District shall be regulated as follows:
1) All building structures and activities shall be developed in
conformance with the attached conceptual development plan and all
final site dE~velopment plans shall be approved in accordance with
provisions of~ this ordinance and of Sections 3-5.5, 4-4 and 4-5 of the
Zoning Ordinance.
2} All building:; and structures shall be located in accordance with the
lot and bulk regulations of the Districts identified in Section 2.A of
this ordinance for Phases 1, 2 and 3 Business and Phases 1, 2 and 3
Residential, and in accordance with the bulk regulations of the POS
Public Open Space District for City Park Land and Natural Preserve, as
established -in Section 3-5.4 of the Zoning Ordinance.
3) A maximum building height of 40 feet shall be allowed for the medical
and commerci~~l uses, except a maximum 30 feet height limit shall be
required for Lots 10, 9 and 8.
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 st~~ndards:
1) Lighting sha~~ll be provided per City standards.
2) Landscaping.~hall be provided in compliance with Section 4-5 of the
Zoning Ordin~~nce and as stipulated in the conceptual development plan.
3} All utilitie> including telephone and cable television shall be
instal ~El: ~.~ti~erg:~c'and. .
4} Sidewalks shall be placed four (4) feet behind the curb parallel to
the street. orr all public street frontages and connecting commercial,
residenti~i and institutianai areas and constructed in accordance with
City standards.
ORDINANCE 32 -96
Page 3
5) To preserve topographical or natural features or to provide visual
interest, an alternative pedestrian system that provides safe and
convenient circulation shall be placed in accordance with the green
ways, City park land, natural preserve and open space areas designated
on the conceptual development plan and constructed in accordance with
City standards away from the street system to link dwelling units with
other dwelling, units, streets and on-site activity centers such as
parking and recreation areas.
6) Final site development plans shall be submitted to the City Planner
for approval prior to the issuance of building permits and/or related
construction F~ermits in accordance with Section 3-5.5 and 4-4 of the
Zoning Ordinance, unless otherwise exempted.
7 ) Major f ina i s i to Bevel op~ne~~t pi ans for Phases l , 2 and 3 Business also
shall be submitted to the Zoning Advisory Commission. The Commission
shall approve the site plans if they are determined to be in
substantial conformance with the conceptual development plan.
8) Preliminary and final subdivision plats shall be submitted to the City
Planner for a~-proval in accordance with Chapter 42 (Subdivision
Regulations) c-f the Code of Ordinances.
9) All streets sFiall be dedicated to the public.
D. Open Space and Recreational Areas
1) Those areas not designated on the conceptua-~ development plan for
development, <-nd those areas designated on said plan as green way,
shall be maini;ained as open space, as defined by Section 8 of the
Zoning Ordinar-ce, by property owner(s) andjor property or home owner's
association.
2) Those areas dE~signated on the conceptual development plan as City park
land and natur°al preserve shall be dedicated to the City of Dubuque in
accordance wii;h Chapter 42 (Subdivision Regulations) of the Code of
Ordinances.
E. Sign Regulations.
The sign regulations shall for the PUD District shall be in accordance
with Section 4-3.:11 of the Zoning Ordinance as follows:
1) Phases 1, 2 arrd 3 Business (Medical Office?: ID Institutional
District.
2) Phases 1, 2 and 3 Business (Office/Retail/Service): C-3 District.
3) Phases 1, 2 and 3 Residential, City Park Land and Natural Preserve:
R-1 District.
ORDINANCE 32 -96
Page 4
F. Additional Standards.
1) The conceptua-P~ development plan shall be valid for a period of ten
(10) years. -the Zoning Advisory Commission may grant an extension in
accordance wii:h Section 3-5.5 of the Zoning Ordinance.
2) No buildings may be erected and no uses may occupy any portion of the
PUD District until the required related off-site improvements are
constructed or appropriate security as determined by the City Manager
is provided to insure construction. As the PUD District is to be
developed in ~~hases, all improvements necessary for the proper
operation and functioning of each phase, even though some improvements
may be located outside of the phase under development or outside the
PUD District, must be constructed and installed or appropriate
security as determined by the City Manager must be provided to insure
their construction.
3) Access to the Northwest Arterial for Phases 1, 2 and 3 Business shall
be approved b;y the City Council and limited to a full, signalized
intersection ;it Chavenelle Road, a right-in/right-out only access
south of Chavenelle Road and a restricted emergency-only access shall
be provided t~~ Donovan Drive.
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 district.
H. Reclassification of Sub.iect Property.
The City of Dubuque, Iowa, may initiate zoning reclassification
proceedings to the R-1 Single-Family Residential District in accordance
with Section 6 of the Zoning Ordinance if the property owner(s) fail(s) to
complete or maintain any of the conditions of this ordinance.
I. 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.
J. Recording.
A copy of this ordinance shall be recorded at the expense of the property
owner(s) with the Dubuque County Recorder as a permanent record of the
conditions accepted as part of this reclassification approval within ten
Iv, dnyS a' cc ~h~ a Of^,tli~n ~: _ .... ~i .: ,.~ ::~-. Th is rrr~(1na^rn Sha- ~•n
binding upon the undersigned and his/`her heirs, successors and assigns.
Section 3. The foregaing amendment has heretofore been reviewed by the Zoning
Advisory Commission of the City of Dubuque. Iowa.
Section 4. The foreco}na amendment sh~~' take affect upon publication, as
provided by yaw.
ORDINANCE 32 -96
Page 5
Passed, approved and adopted this 3rd
ATTEST:
' - .~ ~ ~ t
Mary A: Davis, City Clerk
day of
June
1996.
~~
Terrance M. Dugga yor
ORDPUD.FRM
PL\council\medical.ord
ORDINANCE 32-96
Page 6
ACCEPTANCE OF ORDINANCE NO. 32-96
I, Larry R. LeGrand, M.D., for Medical Associates Realty, L.P., property owner(s),
having read the terms and conditions of the foregoing Ordinance No. 32-96 and being familiar
with the conditions thereof, hereby accept the same and agree to the conditions required therein.
Dated this ~7~`' day of_ .
By
1996.
Larry R. LeGrand, M.D.
President
Medical Associates Realty, L.P.
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' ~ SECTION 3. DISTRICT REGULATIONS
3-3. Commercial District.
3-3.3. C-3 General Commercial District:
(A) General Purpose And Description: The C-3 district is intended to provide commercial uses
which are designed to serve the motoring public or uses requiring highway or arterial
locations for their most beneficial operation and which cannot be more appropriately located
in other commercial districts.
(B) Principal Permitted Uses: The following uses shall be permitted in the C-3 district:
(1) Railroads and public or quasipublic utilities including substations-[47].
(2) Residential uses above the first floor only-[6].
(3) Mortuary/funeral home-[6].
(4) Museum/library-[13].
(5) Schools of private instruction-[4].
(6) Private club-[20].
(7) General offices-[14].
(8) Medical office/clinic-[36].
(9) Dental/medical lab-[8].
(10) Personal services-[14].
(11) Barber/beauty shops-[16].
(12) Motel-[24].
(13) Gas station-[18].
(14) Retail sales/service-[17].
(15) Laundry/dry cleaner-[19].
(16) Shoe repair-[18].
(17) Bakery (wholesale/commercial)-(19].
(18) Indoor restaurant-[20].
(19) Bar/tavern-[20].
(20) Automated gas station-[18].
(21) Service station-[21].
. (22) Supermarket-[17].
(23) Tailoring/alterations-[18].
(24) Furniture/home furnishing-[27].
(25) Appliance sales/service-[27].
(26) Catalog center-[23].
(27) Drive in/cazryout restaurant-[28].
(28) Drive up automated bank teller-[8].
(29) Self service car wash-[8].
(30) Animal hospital/clinic-[23].
(31) Laundromat-[22].
(32) Furniture upholstery/repair-[18].
(33) Artist studio-[5].
(34) Photographic studio-[23].
(35) Neighborhood shopping center-[17].
(36) Business services-[29].
(37) Department stores/sixty thousand (60,000) square feet maximum-[17].
(38) Hotels-[30].
(39) Auditoriums/assembly halls-[20].
(40) Indoor theater-[48].
(41) Banks/savings and loans, and credit unions-[31].
(42) Indoor amusement center-[23].
(43) Vending/game machine sales and service-[19].
(44) Indoor recreation facilities-[37].
(45) Mail order houses-[23].
(46) Lumberyazds/building materials sales-[19].
(47) Construction supply sales and service-[19].
(48) Printing/publishing-[32].
;49) Moving/storage facilities-[33].
;50) Full service caz wash-[8].
(51) Auto service centers (TBA)-[34].
(52) Auto sales/service-[38].
(53) Auto repair/body shop-[35].
(54) Truck sales/service and repair-[39].
(55) Farm implement sales and service-[39].
(56) Mobile home sales-[40].
(57) Motorcycle sales and service-[41].
(58) Boat sales and service-[40].
(59) Recreational vehicles sales and service-[39].
(60) Vehicle rental-[47].
(61) Upholstery shop-[42].
(62) Local shopping center-[17].
(63) Parking structures-[n/a].
(64) Contractor shop/yard-[33].
(65) Wholesale sales/distributor-[29].
(66) Agricultural supply sales-[19].
[ ]Parking group -see section 4-2 of this ordinance. _
(C) Accessory Uses: The following uses shall be permitted as accessory uses as provided in
section 4 of this ordinance:
(1) Any use customarily incidental and subordinate to the principal use it serves.
(D) Conditional Uses: The following conditional uses are permitted in the C-3 district, subject to
the provisions of section 5 of this ordinance and are the minimum requirements for
application to the board of adjustment for a conditional use permit:
(1) Outdoor recreation outdoor amusement center provided that:
(a) Hours of operation shall be limited, 8:00 a.m. to 12:00 midnight, unless further
limited by the board of zoning adjustment.
(b) The parking group requirements can be met-[37].
[ ]Parking group -See section 4-2 of this ordinance.
(2) Group daycare center provided that:
(a) Forty (40) square feet of indoor floor area (excluding halls and bathrooms) is provided
per child in areas occupied by cribs;
(b) Thirty five (35) square feet of indoor floor area (excluding halls and bathrooms) is
provided per child in areas not occupied by cribs times the licensed capacity;
(c) Seventy five (75) square feet of fenced outdoor recreation space is provided per child
using the space at a given time;
(d) Such facility shall provide for the loading and unloading of children so as not to
obstruct public streets or create traffic or safety hazards;
(e) All licenses have been issued or have been applied for awaiting the outcome of the
board's decision;
(f} No group daycare center may be located within the same structure as any gas station,
bar/tavern, automated gas station or any facility selling, servicing, repairing or renting
vehicles;
(g) The parking group requirements can be met-[8]; and
(h) Signage for asingle-family home location shall be limited to one nonilluminated wall
mounted sign not to exceed four (4) square feet in area.
(3) Miniwarehouse facilities provided that:
(a) The entire perimeter be enclosed by a security fence.
(b) All outdoor lighting for the facility utilize cut off luminaries.
(c) All vehicle access and staging areas be paved.
(d) Screening of at least six foot (6') in height shall be placed along the property line
between the miniwarehouse facility and all adjacent residential property.
(e) The parking group requirements can be met [47].
(E) Temporary Uses: The following uses shall be permitted as temporary uses in the C-3 district:
(1) Any use listed as a permitted use within the district of a limited duration as established in
section 2-5.3 and as defined in section 8 of this ordinance.
(F) Bulk Regulations:
Group daycare centers:
Lot area: Five thousand (5,000) square feet.
Lot frontage: Fifty feet (50').
Lot coverage: Fifty percent (50%) of lot area.
All other permitted and conditional uses:
Front yard setback: 20 feet
Side yard setback: 0 feet*
Rear yard setback: 0 percent lot depth*
Building height: 40 feet
*Except where abutting a residential or office residential district, then six-foot side yard and
twenty (20) percent lot depth rear yard setbacks required.
(G) Parking requirements. See Section 4-2 of this Ordinance.
(H) Signs. See Section 4-3 of this Ordinance.
Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St Telephone: 589-4210
Return to: Jeanne Schneider, City Clerk Address: City Hall- 50 W. 13 St Telephone: 589-4121
ORDINANCE NO. -07
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY
OF DUBUQUE CODE OF ORDINANCES BY ADOPTING A REVISED PLANNED UNIT
DEVELOPMENT ORDINANCE FOR THE MEDICAL ASSOCIATES WEST CAMPUS
PLANNED UNIT DEVELOPMENT DISTRICT AND BY REPEALING ORDINANCES 24-94,
32-96 AND 35-99.
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 revised Planned Unit Development
Ordinance for the Medical Associates West Campus as stated below, to wit:
Lot 1 and Lot 9 Medical Associates Subdivision, Lot 1 thru 10 Medical Associates
Subdivision No. 2, Lot A Medical Associates Subdivision No. 3, Lot 1 thru 12 of Oak Park
Place, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque,
Iowa.
Section 2. Planned Unit Development Regulations
A. Use Regulations: The following regulations shall apply to all uses
made of land in the above-described PUD District in accordance with
the conceptual development plan:
1) Phases 1, 2 and 3 Business: All principal permitted, accessory,
conditional and temporary uses allowed in the C-3 General
Commercial District as established in Section 3-3.3 of the
Zoning Ordinance.
2) Phase 1 Residential. All principal permitted, accessory,
conditional and temporary uses allowed in the R-2 Two-Family
Residential District as established in Section 3-1.2 of the
Zoning Ordinance.
Ordinance No. 07
Page 2
3) Phase 2 Residential: All principal permitted, accessory,
conditional and temporary uses allowed in the R-3 Moderate
Density Multi-Family Residential District as established in
Section 3-1.4 of the Zoning Ordinance.
4) Phase 3 Residential: All principal permitted, accessory,
conditional and temporary uses allowed in the R-4 Multi-Family
Residential District as established in Section 3-1.5 of the
Zoning Ordinance.
5) City Park Land and Natural Preserve: Public and private parks,
nature preserve and similar passive and active recreational
uses.
B. Development, Lot and Bulk Regulations: Development of land in the
PUD District shall be regulated as follows:
1) All building structures and activities shall be developed in
conformance with the attached conceptual development plan
and Exhibit A. All final site development plans shall be
approved in accordance with provisions of this ordinance and
of Sections 3-5.5, 4-4 and 4-5 of the Zoning Ordinance.
2) All buildings and structures shall be located in accordance with
the lot and bulk regulations of the districts identified in Section
2.A of this Ordinance for Phases 1, 2 and 3 Business, Phases
1, 2 and 3 Residential, and in accordance with the bulk
regulations of the POS Public Open Space District for City park
land and natural preserve, as established in Section 3-5.4 of
the Zoning Ordinance.
3) A maximum building height of 40 feet shall be allowed for the
medical and commercial uses, except a maximum 30 feet
height limit shall be required for Lots 1, 2 and 3 of Medical
Associates Subdivision No. 2.
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) Lighting shall be provided per City standards.
2) Landscaping shall be provided in compliance with Section 4-5
of the Zoning Ordinance and as stipulated in the conceptual
development plan.
3) All utilities, including telephone and cable television, shall be
installed underground.
Ordinance No. 07
Page 3
4) Sidewalks shall be placed four (4) feet behind the curb parallel
to the street on all public street frontages, connecting all
commercial, residential, and institutional areas, and
constructed in accordance with City standards.
5) To preserve topographical or natural features or to provide
visual interest, an alternative pedestrian system that provides
safe and convenient circulation shall be placed in accordance
with the green ways, City park land, natural preserve and open
space areas designated on the conceptual development plan
and constructed in accordance with City standards away from
the street system to link dwelling units with other dwelling units,
streets and on-site activity centers such as parking and
recreation areas.
6) Final site development plans shall be submitted to the City
Planner for approval prior to the issuance of building permits
and/or related construction permits in accordance with Section
3-5.5 and 4-4 of the Zoning Ordinance, unless otherwise
exempted.
7) Major final site development plans for Phases 1, 2 and 3
Business also shall be submitted to the Zoning Advisory
Commission. The Commission shall approve the site plans if
they are determined to be in substantial conformance with the
conceptual development plan.
8) Preliminary and final subdivision plats shall be submitted to the
City Planner for approval in accordance with Chapter 42
(Subdivision Regulations) of the Code of Ordinances.
9) All streets shall be dedicated to the public.
D. Open Space and Recreational Areas
1) Those areas not designated on the conceptual development
plan for development shall be maintained as open space, as
defined by Section 8 of the Zoning Ordinance, by property
owner(s) and/or property or homeowner's association.
2) Those areas designated on the conceptual development plan
as City park land and natural preserve shall be dedicated to the
City of Dubuque in accordance with Chapter 42 (Subdivision
Regulations) of the Code of Ordinances.
E. Sign Regulations: The sign regulations for the PUD District shall be in
accordance with Section 4-3.11 of the Zoning Ordinance as follows:
1) Phases 1, 2 and 3 Business (Medical Office: ID Institutional
District.
Ordinance No. 07
Page 4
2) Phases 1, 2 and 3 Business (Office/Retail/Service) Signage
shall be allowed in compliance with the C-3 District
requirements, plus two 300 square foot freestanding
identification signs not exceeding 40 feet in height shall be
allowed identifying the businesses in the complex, subject to
the following conditions:
a) Approval by the Iowa Department of Transportation
(IDOT) of the location and placement of the signs.
b) Vacation by the City Council of the medians of
Associates Drive and Chavenelle Road, with ownership
of the median transferring to Medical Associates Clinic,
thereby making these on-premise signs.
c) No off-premise signs shall be allowed.
3) Phases 1, 2 and 3 Residential, City park land and Natural
Preserve: R-1 District.
F. Additional Standards
1) The conceptual development plan shall be valid for a period of
ten (10) years after publication of Ordinance -07. The
Zoning Advisory Commission may grant an extension in
accordance with Section 3-5.5 of the Zoning Ordinance.
2) No buildings may be erected and no uses may occupy any
portion of the PUD District until the required related off-site
improvements are constructed or appropriate security as
determined by the City Manager is provided to insure
construction. As the PUD District is to be developed in phases,
all improvements necessary for the proper operation and
functioning of each phase, even though some improvements
may be located outside of the phase under development or
outside the PUD District, must be constructed and installed or
appropriate security as determined by the City Manager must
be provided to insure their construction.
3) Access to the Northwest Arterial for Phases 1, 2 and 3
Business shall be approved by the City Council, and limited to
a full, signalized intersection at Chavenelle Road, aright-
in/right-out only access south of Chavenelle Road and a
restricted emergency-only access shall be provided to Donovan
Drive.
G. Transfer of Ownership: Transfer of ownership or lease of property in
this PUD District shall include the transferor lease agreement a
Ordinance No. 07
Page 5
provision that the purchaser or lessee acknowledges awareness of the
conditions authorizing the establishment of the district.
H. Reclassification of the Subject Prooerty: The City of Dubuque, Iowa
may initiate zoning reclassification proceedings to the R-1 Single-
Family Residential District in accordance with Section 6 of the Zoning
Ordinance if the property owner(s) fail(s) to complete or maintain any
of the conditions of this ordinance.
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.
J. Recording: A copy of this Ordinance shall be recorded at the expense
of the property owner(s) with the Dubuque County Recorder as a
permanent record of the conditions accepted as part of this
reclassification approval within 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. The foregoing amendment shall take affect upon publication, as
provided by law.
Passed, approved and adopted this day of 2007.
1
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Roy D. ol, Mayor
Attest:
Jeanne F. Schneider, City Clerk