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Dubuque Tech Park PUD Amendmenti Planning Services Department ~, City Hall 50 West 13~ Street Dubuque, IA 52001-4864 (563) 589-4210 phone (563) 589-4221 fax (563) 690-6678 TDD Manning@cityofdubuque.org THE CITY OF Dubuque DUB E Masterpiece orI the Mississippi ?007 February 22, 2008 The Honorable Mayor and City Council Members City of Dubuque City Hall - 50 W. 13th Street Dubuque IA 52001 Applicant: City of Dubuque Location: Dubuque Technology Park Description: To amend the Dubuque Technology Park PUD Planned Unit Development with a PI Planned Industrial Designation to revise the list of permitted uses, modify regulations for setbacks, lot coverage and loading docks, and to provide for maintenance assessments for maintaining public areas. 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 David Heiar, Economic Development Director, explained the request to the Commission. He explained that there will be several changes to the Dubuque Technology Park Ordinance. He said that when the Dubuque Technology Park was developed, the City had very little land for industrial and warehousing uses. He said that the City currently has several sites available for industrial and warehousing uses. He discussed eliminating the warehouse and industrial uses from the technology park ordinance and making some other modifications. He explained that the Economic Development Department has met with all the property owners in the Dubuque Technology Park and that they are in favor of the proposed amendment to the ordinance. Staff Member Kritz presented the staff report. He explained that awalking/hiking trail is part of the Dubuque Technology Park plan. He discussed the proposed changes to the Ordinance. He also explained that some industrial uses have been eliminated from the Technology Park. He said that licensed childcare centers have been added and that the PUD will be split into two zones known as Zone A and Zone B. He explained that in Zone B, retail, drycleaners, banks and automated banks located within a main building only would be allowed. He said stand alone restaurants would be allowed in Zone B. He explained that they have removed the requirement for lot sizes and street frontages. He explained that they have changed the maximum lot coverage from 75% to 80% and have removed the building height requirement. He explained that some of the rear yard Service People Integrity Responsibility Innovation The Honorable Mayor and City Council Members Page 2 setbacks along the east side of the park have been changed from 100 feet to 25 feet. He said that performance standards and covenants have been added to the Ordinance. He explained that they have removed the exterior storage allowance for properties in the area. There was one citizen who voiced concerns with the existing storm water detention basin located in the Dubuque Technology Park property and the lack of a bike/hike trail that has not yet been built. Staff Member Heiar rebutted, explaining the plan does include a walking and biking path that will go around the Technology Park. He said that it is part of the five-year Capital Improvement Plan. He explained that he is not aware of issues with the storm water detention basis. The Zoning Advisory Commission discussed the request, noting that they were in support of the proposed amendments to the PUD. Recommendation By a vote of 4 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, Eug a Bird Jr., Chairperson Zoning Advisory Commission Attachments Cc David Heiar, Economic Development Director F:\USERSUCmunson\WP\City Council\CC 02_18_08\Dubuque Technology Park Amend PUD (City) CC hr 02_05 08.doc Service People Integrity Responsibility Innovation Teamwork THE CITY OF DUB E ~.~,~.s PLANNING APPLICATION FORM ^Variance ^Rezoning ^Simple Site Plan ^Conditional Use Permit Planned District ^Minor Site Plan ^Appeal Preliminary Plat ^Major Site Plan ^Special Exception ^Minor Final Plat ^Major Final Plat ^Limited Setback Waiver ^Text Amendment ^Simple Subdivision Please type or print legibly in ink City of Dubuque Planning Services Department Dubuque, IA 52001-4864 Phone:563-589-4210 Fax: 563-589-4221 ^Annexation ^Temporary Use Permit ^Certificate of Economic Non-Viability ^Certificate of Appropriateness ^Other: Property owner(s): Various ~ Phone: Address: Fax Number: obile/Cellular Number: State: Zip: Applicant/Agent: City of Dubuque Phone: 589-4210 Address: 50 W. 13th Street City: Dubuque State: IA Zip: 52001 Fax Number: 563-589-4221 Mobile/Cellular Number: Site location/address: Dubuque Technology Park Existing zoning: PUD/PI Proposed zoning: PUD/PI Historic District: N A Landmark: N A Legal Description (Bidwell parcel ID# or lot number/block number/subdivision): See attached. Total property (lot) area (square feet or acres): 121 Acres Describe proposal and reason necessary (attach a letter of explanation, if needed): Revise list of permitted uses to reflect chanQin4 development needs. CERTIFICATION: I/we, the undersigned, do hereby certify that: 1. The information submitted herein is true and correct to the best of my/our knowledge and upon submittal becomes public record; 2. Fees are not refundable and payment does not guarantee approval; and 3. All additional required written and graphic materials are attached. Property Owner(s): ~ I~ ~ ~~ ~ • Date: Applicant/Agent: ~ t~ i~PVr-t Date: %~ - i7- c 7 ~ rr c, hs, FOR OFFICE USE ONLY -APPLICATION SUBM TTAL CHECKLIST Fee: Received by: ~ Date: ~~'/B~~Docket: ^ Site/sketch plan ^ Conceptual Development Plan ^Photo ^ Plat City: ^ Improvement plans ^ Design review project description ^ Floor plan ^ Other: AG b q d ~. QQ ~' O °~`~~~ o ~~BQQOJ,1PDtDt10~ e` -- ~~ ao ~ ~~ ~ q N Vicinity Map Applicant: City of Dubuque Location: Dubuque Technology Park Base Map Provided by Dubuque County GIS ~ p. O O 6 a ~. a a 00 Dubuque THE CITY OF DuB E Maste piece orr the Mississi ~i ' ~ ~~ 2007 Description: To amend the Dubuque Technology Park PUD Planned Unit Development with a PI Planned Industrial Designation to revise the list of permitted uses, modify regulations for setbacks, lot coverage and loading docks, and to provide for maintenance assessments for maintaining public areas. H:\Planning Services\Vicinity MapsVAC Vicinity Maps\Dubuque Technology Park Vicinity Map THE CITY OF Dubuque DUB E '~' Masterpiece on the Mississippi 2007 TO: Zoning Advisory Commission ~ ~. FROM: Kyle L. Kritz, Associate Planner ~ ' SUBJECT: Amendments to the Dubuque Technology Park Planned Unit Development (PUD) District DATE: January 30, 2008 INTRODUCTION This memorandum transmits amendments to the Dubuque Technology Park Planned Unit Development (PUD) District. BACKGROUND The Planned Unit Development District for the Dubuque Technology Park was approved by the City Council in May 1997. The industrial park is approximately 120 acres in size and is located at the southeast corner of Highway 61/151 and Lake Eleanor Road. The industrial park was originally referred to as Dubuque Industrial Center/South in Ordinance 27-97 that established regulations for development of the park. Subsequent to adopting the PUD Ordinance, a final plat was approved for the property by the City Council in June of 1998 and the plat's legal description established the official name as the Dubuque Technology Park. When the Dubuque Technology Park was developed, it provided the City of Dubuque with the majority of available large industrial sites within the corporate limits. The 1995 Dubuque Comprehensive Plan identified the need for 700-800 acres of industrial property over the next 20 years. At the time, the existing Dubuque Industrial Center on the City's west side along the Northwest Arterial was comprised of 200 acres, but only a 20-acre parcel and afour-acre parcel were available. Because the Dubuque Technology Park was the site of most of the city's available industrial property, the list of permitted uses necessarily encompassed a wide range of office, technology and industrial uses. Subsequent to the opening of the Dubuque Technology Park, the City created the Dubuque Industrial Center West at the intersection of Chavenelle and Seippel Roads. Amendments to the Dubuque Technology Park Planned Unit Development (PUD) District Page 2 DISCUSSION The proposed changes to the Dubuque Technology Park PUD include modifying the list of permitted uses to reflect the Dubuque Technology Park's role to provide space for technology-oriented businesses, modifying bulk standards and loading dock regulations, and including new language to provide maintenance assessments for costs associated with maintaining public areas within the Dubuque Technology Park. The proposed amendments to the Dubuque Technology Park reflect changes in the local supply of available industrial property to ensure a compatible mix of land uses that will protect the investment made by existing businesses in the park and provide an appropriate location for new technology-oriented businesses. City staff members from the Economic Development Department have met with existing business owners in the Dubuque Technology Park to review the proposed changes to the PUD regulations. The following is a detailed explanation of the proposed changes. Section C, Use Regulations, Page 3 of the draft ordinance The proposed changes to the list of allowed uses for the Dubuque Technology Park PUD include providing two development zones within the park, Zone A and Zone B. Zone A takes the existing list of permitted uses and basically eliminates those industrial uses that are better suited to be located in the Dubuque Industrial Center West. The allowed uses that remain are limited to general offices, professional offices, and technology-oriented companies. Zone B allows the same types of office uses, but also allows some commercial businesses within a primary building only, except for astand-alone indoor restaurant. The City's Zoning Ordinance has always allowed some commercial businesses to exist within industrial districts to provide for a limited amount of commercial development that will serve industrial park employees with daily commercial and service needs. Zone B was modeled after a similar zone in the Dubuque Industrial Center West PUD. Zone B is only applied to Lots 1, 2 and 5, which are adjacent to Highway 61/151. Section D, Lot and Bulk Regulations, found on Page 8 of the draft ordinance. Specifically, Section D(2)(a) has been eliminated that required that any subsequent subdivision of land within the industrial park shall have a minimum of 200 feet of lot frontage and two acres in size. This restriction was felt to be unnecessary in a business-oriented park where it's conceivable that smaller technology-oriented businesses may want to locate on a parcel of land that may be less than two acres in size or not have 200 feet of lot frontage. Section D(2)(b) (Page 8) Maximum Lot Coverage, is being proposed to be raised from 75% to 80%. This change is consistent with a recent amendment to the Dubuque Industrial Center and the existing regulations applied to Dubuque Industrial Center West. The Dubuque Technology Park has 28 acres of open space maintained by the City around the perimeter of the industrial park, which helps ensure that the park will be an attractive development at the southern gateway to the community. Amendments to the Dubuque Technology Park Planned Unit Development (PUD) District Page 3 Section D(2)(c)(Page 8) included restrictions on building height and is being proposed to be eliminated. Staff believes that a height limitation is not necessary as a result of the proposed changes to the allowed uses within this business park that will primarily be composed of office-type buildings. The existing language exempted cooling towers, condensers, elevator bulk head stacks and other necessary mechanical equipment in their protective housing from the 50-foot height limitation. In addition, the covenants for the Dubuque Technology Park require a design review process be completed prior to construction of any new structure. The park is well buffered from surrounding residential by existing public areas maintained by the City of Dubuque. Section D(2)(d) (Page 8) has been modified to reduce the rear yard setback for lots abutting the east boundary of the industrial center from 100 feet to 25 feet. The current 100 foot setback only applies to buildings and not parking areas. The original conceptual plan approved in 1997 did not show a 50-foot public area owned by the City of Dubuque along the east boundary line. The current regulation only applies to Lots 5 and 6 of Block 2. This 50-foot wide public area was established as part of the final plat approved in 1998. The current 100-foot setback requirement must be measured from the property line and thus actually results in a buffer of 150 feet from the east boundary of the park. Staff believes that the change to a 25-foot rear yard setback will not adversely impact adjacent property because both parcels are developed and there will still be a 75-foot buffer on Lots 5 and 6. Lot 6 also has a 50-foot drainage easement that effectively maintains a 100-foot buffer. Additionally, the removal of manufacturing type of uses lessens the need fora 100-foot setback. Section H(6) Performance Standards (Page 15) is a new section regarding maintenance assessments that has been added to the PUD ordinance. This language was previously in the covenants for the Dubuque Technology Park, but City staff felt that this language should be in the PUD Ordinance to assure that the long term maintenance of the public areas within the park. Section H(10) Performance Standards (Page 16) has been modified to eliminate the ability to place loading docks on the front facade of a building. The new language restricts any loading docks to the rear facade and only on the side facade if approved through the design review process provided in the Dubuque Technology Park covenants. For buildings on corner lots that are allowed to have a dock, the screening is required to visually obscure the dock from both street frontages, including trucks positioned at the dock itself. Section H (11) Exterior Storage Regulations (Page 17) have been modified to prohibit exterior storage in this business park. Exterior storage was allowed with requirements on screening, but with the change in the list of permitted uses to basically office-oriented types of businesses, that there was no need to allow for exterior storage. Amendments to the Dubuque Technology Park Planned Unit Development (PUD) District Page 4 Throughout the ordinance there have been minor changes to language that was recommended by the Legal staff, but that do not materially change the regulations. As an example, wherever the term "the industrial center" is used it now says "this PUD District." In addition, wherever the subject property was referred to by its original name as the "Dubuque Industrial Center/South" has been eliminated and the new name "Dubuque Technology Park" inserted. RECOMMENDATION Planning staff recommends that the Zoning Advisory Commission review the proposed changes to the Dubuque Technology Park Planned Unit Development District and make a recommendation to the City Council. KLK/mkr Attachment cc: David Heiar, Economic Development Director .~. _ ,""'io`ro. ~ ~~s r a, •' .. ~... '~'`!` yA~"3' _ ~. 7 W' ~,,. '~'t'tt:4 a..... ~~ t: w ytY'i' •- ~ ~ & ~. '' ~ ~ ~. ~ S h ~uay Z P ~' ' ~ : .~ - ~ ., ~..,_ qx ~~ ~ ~. ~.~: ~tr ~r.~ DUBUQUE TECHNOLOGY PARK ~ LOTS ~ ~ AVAILABLE LOT -_ -r-- ~ UPDATED: ! ^ OCCUPIED LOT ~ ~~' PUBLIC AREA NORTH j 07 2007 ~ ...~ .~.....'"'.+.. AKE E~ ~AROR O'q0 LOT 1 LOT 1 BLOCK 1 BLOCK 2 4.34 ACRES BLE 4.19 BUILDABLE ACRES ~~~ ~~ ~ LOT 3 ' BLOCK 2 LOT 2 4.07 BUILDABLE ACRES BLOCK ~ LOT 2 5.05 BUILDABLE BLOCK 2 ~~ ACRES W 4.77 BUILDABLE ACRES ~ ~'`~ '~ ~`~ ~ ~ ~ l ~ ~ n `------ a DATA COURT ~i }} ~ ~ a ~ ~ I z ~ __ ~ I 1 ADVANCED i% ~ t ~ -'r -' LOT 9 LOT 8 \\ DATA-COMM ~'~ l Z ~, ~ BLOCK 2 ~ f ~ MCLEOD USA BLOCK 2 5 88 BUILDABLE ACRES 4.83 BUILDABLE ACRES ~/ , J ~ i ~~' i . ~,~ ~ LOT 7 CONLON/ BLOCK2 JOHNSON 1.58 BUILDABLE ACRES DEVELOPMENT, ENTEGEE ~ LLC , KUNKLE, BOUNDS ---___ ~ 8 ASSOCIATES L0T12 C ARTEGRAPH ~ BLOCK 2 8 INTEGREAT 3.68 BUILDABLE i i j ACRES - ------------ --------------- --- --------- ~ T--- ~ ---------------- ------------' '; 300 Main Street, Suite 120, Dubuque, Iowa 52001 P: 563.557.9049 F: 563.557.1059 E: gddc@greaterdubuque.org ''. ,,~.. r ~,. .~. C ' ~ ti J I I ~ ~~, ~ ~ ~; I / ~. ~ h ~ III ~ ~~, .~- ~ ) ~ ,~'i ,,, ~ ; ~ .~, ~ ~, l l / /~~ ,;,, ; i' ~,~ , ~ .:~ i 16 / ~; I, ~r ..~ r.~ , ~/~~/ J '.' 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NIM :r )+bllY.7 r1 IIIIMInV Nrfl 'fMihl r ! r.Rn. i7 I, I r nlir , tl I rr ur I ! l o~ II / f71, NI.~+rU 111( I~tI~ 1 r IL lA 1 l 'I. I 1'VV .'W' Y Nrh IN. I:.c r ,r rIr • I u (snwr I, Nr IILU 'sr utNl rth -m I•A r ~r+r ~ r ~ ~,n rn I. Y.,rwe vo rn.currd, oI 1 I,F'4 OWNER RI V' Nt' i I N ' F f. nrurc r+rA „~ r~n tr e ~~ LOCATION MAP TRAIL SYSTEM <•IDCWALKS: 5,719 L,F. FECREATIONAL TRAMS: G 8R: I. F LARGE $IDEWALd/TRAIL IDOP: 3,I:d Lf. ;HALL SgEWAIN/TRAIL LOOP; S.Sd/ L.I'. r~, ^ +~ IEGENO I %I!;TING C.A$ MAIN [xISTINO TItlLR OPTIC CAIST!N:, iFIFRNONE °ROPOSCD SAV SEwCR 'RUPOSED WA1ER A1AIN PkOVOSFR STORM SCWER LASEMENTG _.--._-_ SCTDACKS AECkCATIONAI TRAIL ~--~~-- 'tOCN UUTCAOP CDC_ -^--~~~.-•- YAGGY CQLBY ASSOCIATES EKCINF.f.RS • ARCI IIiECiS SURVEYORS PLANNERS LANDSCAPE ARCHITECTS rn -N,en eve rue :ourNensT Y(,i.NSSTiR, r.t,NrJ4CT~ :i A01 mr-:Ae•ate~ .~a ,a•stA•suAe 2 f' W E~~' Z V Z Q Jp Q? ~~ F- m ~ ~ ~° Z W ~~ V M~ W Q G. f.l~ ~e,ptll IIIJMAH ~ '~~~~1 _runl qU ~ ~ '1,/nlN fnh. _ ~ f.t/.WN AY ~ _ 'M'tl ~ f'Mtr h.7 RY ~ tl RrY,~r., ~. ~ o~, n :,, ~ ertrd ua.ar- r 1 I~ •N,rr= Prepared by: Laura Carstens, Citv Planner Address: City Hall, 50 W. 13th St Telephone: 589-4210 Return to: Jeanne Schneider, Citv Clerk Address: City Hall- 50 W. 13 St Telephone: 589-4121 ORDINANCE NC 13-08 AN ORDINANCE AMENDING ORDINANCE 27-97 OF THE CITY OF DUBUQUE CODE OF ORDINANCES WHICH RECLASSIFIED HEREINAFTER DESCRIBED PROPERTY LOCATED AT THE SOUTHEAST CORNER OF HIGHWAY 61/151 AND LAKE ELEANOR ROAD FROM AG AGRICULTURAL DISTRICT TO PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PI PLANNED INDUSTRIAL DISTRICT DESIGNATION AND ADOPTEDA CONCEPTUAL DEVELOPMENT PLAN, WITH CONDITIONS, FOR THE DUBUQUE INDUSTRIAL CENTER/SOUTH; INCLUDING CHANGING THE NAME OF THE PUD DISTRICT TO DUBUQUE TECHNOLOGY PARK NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Ordinance 27-97 of the City of Dubuque Code of Ordinances which reclassified the hereinafter described property from AG Agricultural District to PUD Planned Unit Development District with a PI Planned Industrial designation and adopted a conceptual development planfor the Dubuque Industrial Center/South now renamed to Dubuque Technology Park is hereby amended to read as follows, to wit: Lots, A, B, C, D and E Lots 1, 3 and 4 of Block 1 Lots 1, 2, 3, 4, 5, 6, 7, 8, 1 of 10, 11, and 12 of Block 2 all in Dubuque Technology Park; Lots 1 and 2 of Dubuque Technology Park No. 2; Lot 1 of Dubuque Technology Park No. 3; Lots 1 and 2 Dubuque Technology Park No. 4, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. B. Definitions Building-Related Features: Building related features are defined as all constructed items which rise above the grade surface of the lot. These include: Ordinance - 08 Page 2 a. The primary building. b. All accessory or secondary buildings. c. All exterior storage areas. d. Exterior refuse collection areas. e. Exterior mechanical equipment. f. Containerized or tank storage of liquids, fuels, gases, and other materials. 2. Vehicle-Related Features Vehicle-related features are defined.as all areas used for the movement and parking of all vehicles within the lot. These include: a. Employee and visitor parking spaces. b. Driveways from the street right-of-way line to and from parking spaces. c. Loading spaces outside of the building. d. Maneuvering space and driveways to and from loading spaces. e. Parking spaces for company-owned commercial vehicles. f. Fire lanes. 3. Open Space Features Open space features are defined as those exterior areas and developed features of the lot which include: a. Landscaped space containing lawn areas and plantings. b. Paved, hard-surfaced, pedestrian areas such as walkways, plazas, entryways and courtyards. c. Surface storm water detention areas not otherwise used for building-related orvehicle-related purposes. d. Open recreation areas and recreational trail. e. Other non-building and non-vehicular related space. 4. "Carry-out Restaurant" -shall mean an establishment where all of the meals or food are prepared for customers to take out of the establishment. 5. "Properties" shall mean and refer to each and every parcel, and all portions thereof, of the real property herein before described and such additions thereto as may be hereafter added. Ordinance - 08 Page 3 6. "Lot" shall mean and refer to any plot of land, except Public Areas and public rights-of way, shown upon any recorded Subdivision Plat of the Properties. 7. "Owner" shall mean and refer to the record titleholder, whether one or more persons or entities, of fee simple title to any Lot which is a part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. 8. "Public Areas" shall mean and refer to the landscaped areas, recreational trail, park lands and storm water retention and detention areas as identified by the plat attached hereto as Lots D and E and hereby made a part of this Declaration the ownership of which shall be retained by the City of Dubuque. The Public Areas shall be open to the public for the use and enjoyment of the public. C. Use Regulations The following regulations shall apply to all uses made of land in this PUD District: Zone A: General Purpose and Description: Properties denoted on Attachment A as Zone A are intended to provide space for corporate offices, professional offices, and technology-oriented companies involved with software development, information technologies and other emerging technologies. Principal permitted uses within Zone A shall be limited to: a. Public orquasi-public utilities including substations - [47]. b. General offices - [14]. c. Medical/dental lab - [8]. d. Mail order houses - [23]. e. Printing and publishing - [32]. f. Laboratories for research or engineering - [33]. [ ]Parking shall be provided in accordance with Section 4.2.7 of the Zoning Ordinance. 2. Conditional uses shall be limited to: a) Licensed child care center within the principal structure of a permitted use or in an accessory structure on the same lot. Licensed child care centers are subject to state and local regulations; Ordinance - 08 Page 4 All applicable State requirements must be met; 2. Such facility shall provide for the loading and unloading of children so as not to obstruct public streets or create traffic or safety hazards; 3. All license have been issued or have been applied for awaiting the outcome of the Board's decision; 4. The parking group requirements must be met - [8]; 5. The conditional use applicant certifies that the premises on which the licensed child care center will be located complies with, and will for so long as the group day care center is so located, continue to comply with all local, state and federal regulations governing hazardous substances, hazardous wastes, and hazardous materials, including but not limited to Iowa Code Chapter455B(1991); 42 U.S.C. Section 9601 of the Federal Comprehensive Environmental Response Compensation and Liability Act; 40 C.F.R. Section 302.4, and Section 302 of the Superfund Amendments and Reauthorization Act of 1986; and 6. If the applicant is subject to the requirements of Section 302 of the Superfund Amendments and Reauthorization Act of 1986, the Emergency Management Director shall certify whether or not the applicant has submitted a current inventory of extremely hazardous substances kept or stored on the premises. If any such extremely hazardous substances are kept or stored on the premises, the applicant shall also post in a conspicuous place on the premises a notice indicating a description of the extremely hazardous substances, and the physical and health hazards presented by such substances. 3. Accessory uses shall be limited to: a. Retail outlets within the principal structure of a permitted use, selling products produced on-site and only as accessory to the principal use. b. Any use customarily incidental and subordinate to the principal use it serves. Ordinance - 08 Page 5 c. Licensed child care centers shall not be allowed as an accessory use. Zone B: General Purpose and Description: Properties designated as Zone B can be developed for office and technology-oriented businesses as in Zone A or a limited amount of commercial development. Principal permitted uses shall be limited to: a. Public orquasi-public utilities, including substations.- [47]. b. General Offices - [14]. c. Medical/dental lab - [8]. d. Mail order houses - [23]. e. Printing and publishing - (32]. f. Laboratories for research or engineering - [33]. g. Business services - [29]. h. Retail/dry cleaner within a primary building only- [19]. i. Indoor restaurant - [30]. j. Carry-out restaurant within a primary building only- [28]. k. Drive-up automated bank teller within a primary building only- [8]. I. Banks, savings and loans, and credit unions within a primary building only- [31]. [ ]Parking shall be provided in accordance with Section 4.2.7 of the Zoning Ordinance. 2. Conditional uses shall be limited to: a. Licensed child care center All applicable State requirements must be met; 2. Such facility shall provide for the loading and unloading of children so as not to obstruct public streets or create traffic or safety hazards; 3. All licenses have been issued or have been applied for awaiting the outcome of the Board's decision; 4. The parking group requirements must be met - [8]; 5. The conditional use applicant certifies that the premises on which the licensed child care center will Ordinance - 08 Page 6 be located complies with, and will for so long as the group day care center is so located, continue to comply with all local, state and federal regulations governing hazardous substances, hazardous wastes, and hazardous materials, including but not limited to Iowa Code Chapter 4556(1991); 42 U.S.C. Section 9601 of the Federal Comprehensive Environmental Response Compensation and Liability Act; 40 C.F.R. Section 302.4, and Section 302 of the Superfund Amendments and Reauthorization Act of 1986; and 6. If the applicant is subject to the requirements of Section 302 of the Superfund Amendments and Reauthorization Act of 1986, the Emergency Management Director shall certify whether or not the applicant has submitted a current inventory of extremely hazardous substances kept or stored on the premises. If any such extremely hazardous substances are kept or stored on the premises, the applicant shall also post in a conspicuous place on the premises a notice indicating a description of the extremely hazardous substances, and the physical and health hazards presented by such substances. 3. Accessory uses shall be limited to: a. Any use customarily incidental and subordinate to the principal use it serves. 4. Temporary uses shall be limited to: a. Any use listed as a permitted use within this PUD District of a limited duration as established in Section 2-5.3 and as defined in Section 8 of the Zoning Ordinance. D. Lot and Bulk Regulations Development of land in the PUD District shall be regulated as follows: All building structures and activities shall be located in conformance with the attached conceptual development plan and all final site development plans shall be approved in accordance with provisions of the PUD District regulations of this ordinance and of Section 3- 5.5 of the Zoning Ordinance. Ordinance - 08 Page 7 2. All building-related features shall be in accordance with the following lot and bulk regulations: a. Maximum lot coverage shall be limited to 80%. All building and vehicle-related features shall be considered when calculating total land area coverage. b. Setbacks: - Minimum front yard setback along Highway 61/151=25 ft. - Minimum front yard setback along Lake Eleanor Rd=50 ft. - Minimum front yard setback on internal streets = 50 ft. - Minimum side yard setback = 25 ft. - Minimum rear yard setback = 25 ft. c. Within required front, side and rear setbacks, only driveways, fire lanes, open space features, and primary and secondary signage are allowed. Parking lots may encroach up to 25 feet into a 50-foot front yard setback, provided additional screening is provided as required in the Landscaping Regulations section of this PUD Ordinance. E. Parking Regulations All vehicle-related features shall be surfaced with either asphalt or concrete. 2. Curbing and proper surface drainage of stormwater shall be provided. 3. All parking and loading spaces shall be delineated on the surfacing material by painted strips or other permanent means. 4. The number, size and design of parking spaces shall be governed by applicable provisions of City of Dubuque Ordinances enforced at the time of development of the lot. 5. The number, size, design and location of parking spaces designated for persons with disabilities shall be according to the local, state, or federal requirements in effect at the time of development. 6. The location and number of private driveway intersections with public streets shall be established by the City of Dubuque. Access to all lots shall be limited to the internal streets of this PUD District . Ordinance - 08 Page 8 7. No on-street maneuvering of delivery vehicles will be allowed on any type of through street. Lots adjoining through streets shall provide all necessary maneuvering space for delivery vehicles within the boundaries of the lots. F. Landscaping Regulations Plant Materials. The open space of each lot shall be planted with permanent lawn and ground covers, shrubs and trees. It is the intent of these regulations that the development of required open spaces shall reflect a high quality of environmental design. The following provisions shall apply for each lot. a. Landscape plans are required as part of submittals for site plan review. Landscape plans are to include type, number and size of proposed plantings. As a minimum, the submitted landscape plan should include the following: - No vehicle-related features except driveways and fire lanes shall be allowed within 25 feet of the property line. - For every one (1) acre of lot size, four (4) trees shall be required to a maximum of 40 trees. Each required tree shall be at least two (2) inches in diameter at planting. Trees shall be of varieties approved for this PUD District and listed in this PUD District. - Shrubs shall be used to screen parking areas and provide accent around buildings. Shrubs shall be of varieties approved for this PUD Districtand listed in the covenants for this PUD District. - Parking areas located in front yards shall be screened with a combination of trees, shrubs or berms to provide a landscape screen of 25% opacity. - Parking areas located in front yards and encroaching up to 25 feet into a 50-foot front yard setback shall be screened with a combination of trees, shrubs and berms to provide a landscape screen of 50% opacity. 2. The installation of required planting materials may be phased in direct proportion to the phasing of building construction. All exposed soil areas remaining after the construction of building and vehicle-related features shall be planted with a permanent ground cover to prevent erosion. Within one (1) year following completion Ordinance - 08 Page 9 of construction, or by the date that a building is issued an occupancy certificate by the Building Safety Department of the City of Dubuque, whichever first occurs, required landscaping shall be installed. 3. The lot owner is required to replant any and all plant materials which have died due to any cause during the effective period of this PUD Ordinance. 4. The area between the public street and the right-of-way line shall be planted with grass and maintained by the lot owner. In addition, the lot owner will maintain City installed street trees planted between the street and the right-of-way line, including replacing trees that have died due to any cause. 5. Pedestrian access: Permanent hard-surfaced walkways shall be installed and maintained by the owner for purposes of pedestrian movement between all parking areas and functioning entries and exits of the buildings. 6. PUD District landscaping: Landscaping of this PUD District shall be in accordance with the landscape plan, a copy of which is attached and made a part of this PUD Ordinance. G. Sign Regulations Applicability of City of Dubuque Ordinances: The provisions of the City of Dubuque Zoning Ordinance Section 4-3 Sign Regulations shall apply unless further regulated by this section. 2. Off-Premise Signs: No off-premise signs shall be erected or constructed on the property of this PUD District or on any of the private lots or buildings within this PUD District. 3. On-Premise Signs: a. Allowable content: signs messages and graphics shall be limited to the following contents: PUD District signs - Entrance signs - Directory signs - Street address Ordinance - 08 Page 10 2. Primary signs - Identification of company name - Identification of company products or services by generic name only - Street address - Graphic symbol or logo identified with the company 3. Secondary signs - Directional messages necessary for the safe and efficient flow of vehicular and pedestrian traffic on the lot - Identification of visitor entrances to the building, shipping and receiving docks and other delivery points. - Identification of assigned parking spaces and parking spaces accessible to persons with disabilities - Temporary announcements of pending or new construction - Commemorative messages b. Allowable Structural Types PUD District signs - Monument-style 2. Primary signs - Wall-mounted - Monument-style 3. Secondary signs - Wall-mounted - Monument-style c. Maximum number of signs PUD District signs - Not to exceed a total of six (6) signs in PUD District 2. Primary signs - One (1)wall-mounted sign per street frontage per business - One (1) monument-style sign per lot location; restricted to frontages on interior streets only. Ordinance - 08 Page 11 3. Secondary signs - No maximum number d. Maximum Sign Area: PUD District sign - Entrance signs: 200 square feet per sign face - Directory signs: 30 square feet per sign. face 2. Primary sign - Wall-mounted sign: 15% of the area of the building wall upon which it is mounted - Monument-style signs: 100 square feet per sign face 3. Secondary sign - Limited to six (6) square feet. e. Height Regulations: PUD District sign - 12 feet, measured from average grade to top of sign structure 2. Primary sign - 10 feet, measured from average grade to top of sign structure 3. Secondary sign - 6 feet, measured from average grade to top of sign structure f. Variance requests from sign requirements for sign, number and height shall be reviewed by the Zoning Board of Adjustment in accordance with Section 5-3 of the Zoning Ordinance. g. Lighting: PUD District Signs and primary and secondary 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. Ordinance - 08 Page 12 h. Motion: No signs may include any device or means, mechanical, electrical or natural, which shall cause any motion of the sign panel or any part thereof. No flashing lights or changing colors shall be allowed. H. 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: Site Lighting a. Exterior illumination of site features shall be limited to the illumination of the following: - Parking areas, driveways and loading facilities. - Pedestrian walkway surfaces and entrances to building. - Screened storage areas. - Building exterior. b. Location and Design: - All exterior lighting shall be designed, installed and maintained so as not to cause glare or to shine into adjacent lots and streets. - No light source shall provide illumination onto adjacent lots, buildings or streets in excess of 1.0 foot candle. - All exterior lighting luminaires shall be designed and installed to shield light from the luminaire at angles above 72 degrees from vertical. - A lighting plan shall be included as part of site plan submittals that indicates types of lights used and ground light pattern for building lighting of building and parking- related features. - Fixtures mounted on a building shall not be positioned higher than the roof line of the building. - The top of post mounted free-standing fixtures shall not be higher than 30 feet above the ground. - Wooden utility type poles are acceptable only for temporary use during construction. - All electrical service lines to posts and fixtures shall be underground and concealed inside the posts. 2. Utility Locations Ordinance - 08 Page 13 a. Service lines: All electrical, telephone, cable and other similar utility lines serving the building and other site features shall be located underground. b. Mechanical equipment: all electrical transformers, switching gear, relay boxes, meters, air conditioning units, heat pumps and other similar mechanical equipment, including roof- mounted mechanical equipment, shall be screened from view. Mechanical equipment shall be screened in such a manner that it will appear to be an integral part of the building's overall architectural design. Fencing of at least 50% opacity, masonry walls, or plantings may be used to visually screen mechanical equipment. 3. The recreational trail shall be placed six (6) feet behind the curb parallel to the street on the north side of the cul-de-sac street and the east side of the major street that runs north to south to link the perimeter recreational trail. The recreational trail shall be internal to this PUD District and shall not be placed on the north side of Lake Eleanor Road. The recreational trail shall be placed in accordance with the conceptual development plan. 4. Final site development plans shall be submitted in accordance with Section 4-4 of the Zoning Ordinance prior to construction of each building and vehicle-related feature unless otherwise exempted by Section 4-4. 5. Stormwater Conveyance: The developer of each lot shall be responsible for providing surface or subsurface conveyance(s) of storm water from the lot to existing storm sewers or to flow line of open drainageways outside the lot in a means that is satisfactory to the Public Works Department of the City of Dubuque. 6. Maintenance Assessments a) City shall levy against the Properties in each assessment year an annual assessment for the purpose of paying fifty percent (50%) of the actual costs of City's maintenance and repair of the Public Areas and the actual costs associated with maintaining and lighting entrance signs. Said assessment may also include the establishment of a capital improvements reserve fund for such purposes. Upon establishment of such assessment levy, each Owner shall pay to City a pro rata share (as hereinafter defined) of such assessment levy_ Ordinance - 08 Page 14 b. If such pro rata share is not paid within thirty (30) days of its due date, the amount of such pro rata share shall become a lien upon the Lot obligated to pay the same and shall bear interest from the due date at the highest legal contract rate applicable to a natural person. City may bring an action at law against any Owner obligated to pay the same, or foreclose the lien against the Lot. The Owner shall also be obligated to City for City's costs and reasonable attorney's fees of any collection efforts. No Owner may waive or otherwise avoid liability for an assessment provided herein by non-use of the Public Areas or abandonment of a lot. c. An Owner's pro rata share shall be equal to a fraction, the numerator of which shall be the gross square feet area of the Lot owned by the Owner and the denominator of which shall be the gross square feet area of the Properties exclusive of the Public Areas and public rights-of way. d. Other applicable regulations enforced by the City of Dubuque relative to stormwater management and drainage shall apply to properties in this PUD District . 7. The conceptual development plan shall serve as the preliminary plat for this PUD District. Subdivision plats and improvement plans shall be submitted in accordance with Chapter 42, Subdivision Regulations, of the City of Dubuque Code of Ordinances. 8. Operations within enclosed buildings: All operations and activities shall be conducted or maintained within completely enclosed buildings, except: a. Off-street parking and loading spaces. b. Employee recreational facilities. c. Outdoor or exterior storage. 9. Noises generated within this PUD District shall be regulated by Chapter 33, Article IV Noises, of the City of Dubuque Code of Ordinances. 10. All loading docks for shipping and receiving of raw and manufactured goods shall be designed to provide for the direct movement of goods between the delivery vehicle and the interior of the building. Loading docks shall generally be restricted to the rear facade of a building. Loading docks may only be allowed on a side Ordinance - 08 Page 15 facade of a building with approval granted through the design review process provided in the Dubuque Technology Park covenants. Buildings located on corner lots shall provide screening that visually obscures the dock from both street frontages, including any trucks positioned at the dock. No visually exposed platform docks shall be allowed except within fully screened storage areas. An effective 50% screening of loading doors and docks, measured from ground level to a height of at least 20 feet, shall be provided through the use of earthen berms and plantings. 11. Exterior Storage: a. Exterior storage is prohibited in this PUD District. 12 Exterior Trash Collection Areas: a. The storage of trash and debris shall be limited to that produced by the principal permitted use, conditional uses and accessory uses of the lot. b. The ground area coverage of exterior trash collection areas shall be the area contained inside the required screening and this area shall be considered abuilding-related feature for purposes of calculating total land area coverages. c. Exterior trash collection areas shall be located in the rear or side yards only. d. All exterior trash collection areas and the materials contained therein shall be visually screened from view. The screening shall be completely opaque fence, wall or other feature not exceeding a height of 10 feet measured from the ground level outside the line of the screen. Screens built on sloping grades shall be stepped so that their top line shall be horizontal. Exposed materials used to construct the opaque screen shall be similar in appearance to materials used for exterior building walls. All exterior entrances to a screened trash area shall be provided with a gate or door of similar design to that of the screen. If a 10-foot high screen fails to shield the exterior trash collection area from view from points inside or outside of the property, evergreen plantings may be required in addition to the screening. Evergreen plant materials shall be selected Ordinance - 08 Page 16 and designed so that they will screen the area from all off- site visibility within five (5) years. 13. Street lighting: Street lights shall be installed in accordance with City of Dubuque standards. 14. Flood Plain Regulations: The area of this PUD District that lies within the flood plain of Granger Creek shall be subject to the regulations of Section 3-5.3 of the Zoning Ordinance. 15. Phased Construction of Buildings and Parking Spaces: The construction of off-street parking spaces may be phased in proportion to the percentage of total building floor area constructed at any one time. Ground area set aside for future parking, loading spaces or driveways or for parking provided in excess of the minimum required number of parking spaces shall not reduce the minimum required area for open space. 16. Other Codes and Regulations: These regulations do not relieve an owner from other applicable city, county, state and federal codes, regulations, laws and other controls relative to the planning, construction, operation and management of property in the Dubuque Industrial Center/South. Open Space and Recreational Area These areas designated on the conceptual development plan as "open" shall be maintained as open space, as defined by Section 8 of the Zoning Ordinance by the property owner and/or association. The recreational trail shall be maintained by the property owner and/or association. J. Transfer of Ownership Transfer of ownership or lease of property in this PUD District shall include in the transferor lease agreement a provision that the purchaser or lessee acknowledges the existence of this PUD District and the restrictions and conditions existing in this PUD District . K. 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. L. Recording A copy of this ordinance shall be recorded in the office of the Dubuque County Recorder as a permanent record of this amendment . Ordinance - 08 Page 17 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 3rd day of March , 2008. Roy D. Buol, Mayor Attest: Jeanne Schneider, City Clerk Attachment: Vicinity Maps\Dubuque Technology Park Attachment A 01_25_08 F:\USERSWIELINDA\WP\COUNCIL\ORDINANCES\Dubuque Technology Park (Final) 02_22_08.DOC THE CITY qF DUB E Masterpiece on the Mississippi Attachment A Dubuque Technology Park J ~~ Dubuque ~-~m ~~~~~r zut7~ ~~~ ~' Cit of Dubu ue _._...:..~I Y q Q Zoning Zone A Zone B Base Map Provided by Dubuque County GIS H:\Planning Services\Vicinity MapsVAC Vicinity Maps\Dubuque Technology Park AttachmentA 01_25_08 ~ ~+` 3F~i lJ ~~ 'i~~.W 'fi i ~~ `.~ d~ ~v: a 2 { ... ~~ d t + ,' ~~ ~ Prepared by: Laura Carstens, Citv 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. -087 ~-9-~ AN ORDINANCE AMENDING ORDINANCE 27-97 °D°~I.In1Y ° /TUB ~nnllnlr_ nanlnl°I.IrG~ OF THE CITY OF DUBUQUE CODE OF ORDINANCES WHICH RECLASSIFIED Rv Q~rl °CCl~vlnlr~ HEREINAFTER DESCRIBED PROPERTY LOCATED AT THE SOUTHEAST CORNER OF HIGHWAY 61/151 AND LAKE ELEANOR ROAD FROM AG AGRICULTURAL DISTRICT TO PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PI PLANNED INDUSTRIAL DISTRICT DESIGNATION AND ADOPTEDfPI~-A CONCEPTUAL DEVELOPMENT PLAN, WITH CONDITIONS, FOR THE DUBUQUE INDUSTRIAL CENTER/SOUTH; INCLUDING. CHANGING THE NAME OF THE PUD DISTRICT TO DUBUQUE TECHNOLOGY PARK- NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Ordinance 27-97 °^^°^~'~~ ° ~+"° ~n^;nn nrrlir,°„n°` of the City of Dubuque Code of Ordinances which reclassified ~c h°r°h~i nm°r,rl°rl by r°nlnc oif~iir~ir the hereinafter described property from AG Agricultural District to PUD Planned Unit Development District with a PI Planned Industrial designation and adopted+r~g a conceptual development plan, , for the Dubuque Industrial Center/South now renamed to Dubuque Technology Park is hereby amended to read as follows, to wit: Lots, A, B,C,DandELotsl,3and4ofBlock1 Lots1,2,3,4,5,6,7,8,1 of 10, 11, and 12 of Block 2 all in Dubuque Technology Park; Lots 1 and 2 of Dubuque Technology Park No. 2; Lot 1 of Dubuque Technology Park No. 3; Lots 1 and 2 Dubuque Technology Park No. 4, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. I n+ 7 '1 'I of +h° AIC ~/ of +~h~ C1~_I ^~~~~ ~/. of +h° C\ o~/~~o+r r rr-vT ~~iAIC 1/ of +h° C1A/ ~,/~I n+ 'I 'I S2 of ~~ S~ 7/ ~+nr) +h° C~ 7/ of +h° C1A/ 7/ of +h° > > Ordinance ~~ - 08 Page 2 ~1A/ 1/" ~~,}inr+ 1'~ Tn~~mch~r - ~ g8~~0 '~ ~^~+ ~if Fh Drinnin~l -v-v-~ , rw c orr.~ ~ ~ . h rra~rr . , e ~ ~ • ~ e AB. Definitions Building-Related Features: Building related features are defined as all constructed items which rise above the grade surface of the lot. These include: a. The primary building. b. All accessory or secondary buildings. c. All exterior storage areas. d. Exterior refuse collection areas. e. Exterior mechanical equipment. f. Containerized or tank storage of liquids, fuels, gases, and other materials. 2. Vehicle-Related Features Vehicle-related features are defined as all areas used for the movement and parking of all vehicles within the lot. These include: a. Employee and visitor parking spaces. b. Driveways from the street right-of-way line to and from parking spaces. c. Loading spaces outside of the building. d. Maneuvering space and driveways to and from loading spaces. e. Parking spaces for company-owned commercial vehicles. f. Fire lanes. 3. Open Space Features Open space features are defined as those exterior areas and developed features of the lot which include: a. Landscaped space containing lawn areas and plantings. b. Paved, hard-surfaced, pedestrian areas such as walkways, plazas, entryways and courtyards. Ordinance ~-9-~ - 08 Page 3 c. Surface storm water detention areas not otherwise used for building-related orvehicle-related purposes. d. Open recreation areas and recreational trail. e. Other non-building and non-vehicular related space. 4. "Carry-out Restaurant" -shall mean an establishment where all of the meals or food are prepared for customers to take out of the establishment. 5. "Properties" shall mean and refer to each and every parcel, and all portions thereof, of the real property herein before described and such additions thereto as may be hereafter added. 6. "Lot" shall mean and refer to any plot of land, except Public Areas and public rights-of way, shown upon any recorded Subdivision Plat of the Properties. 7. "Owner" shall mean and refer to the record titleholder, whether one or more persons or entities, of fee simple title to any Lot which is a part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. 8. "Public Areas" shall mean and refer to the landscaped areas, recreational trail, park lands and storm water retention and detention areas as identified by the plat attached hereto as Lots D and E and hereby made a part of this Declaration the ownership of which shall be retained by the City of Dubuque. The Public Areas shall be open to the public for the use and enjoyment of the public. ~C. Use Regulations The following regulations shall apply to all uses made of land in this #-he ^"^~~° ^'°°^r~"°^' PUD District: Zone A: General Purpose and Description: Properties denoted on Attachment A as Zone A are intended to provide space for corporate offices, professional offices, and technology-oriented companies involved with software development, information technologies and other emerging technologies. Principal permitted uses within Zone A shall be limited to: a. Public orquasi-public utilities including substations - [47]. b. General offices - [14]. Ordinance 2~7 - 08 Page 4 c. Medical/dental lab - [8]. e. Mail order houses - [23]. f. Printing and publishing - [32]. n ~An~rinn/e~nr~nc f~nili+ic~_~4'21 9. ....~.,.y.., ,,,.,,........, ~....,. h. 1A1A/-v-vr~rvic°°~'a l~~~.~/~+ri~i"' l~~T -r-~r2fg•rh ~tFa~S#G ~' f.,~ ~'~-rf ^ ^..]~~ i (`nlrl c4nranc/I~o~nIS~ . ~~~ FP's `.-, , I Tnnl rlio r! n~+~}orn m~' f`.221 r. , , af~cr-PCtcccT'~-rrr ~~T mater+afsr-[3~} n ~A~+n„f~+~~-,~SJpp~hl~r Tpr»ir nr c4nr~yo of clar_frin~+l Mnrl ' . "f.' gs. Laboratories for research or engineering - [33]. n• 1A/•+rohn,icinn onrl c}nrono f~^ili~~~ , , ~nr~+~nhc~ nr nlnnLc• mcr-lin•+I rJr,n4ol nn+in~l nr cimil~ ~.>., ..~ .,~.,.,,.,,, ~ ~..,...,,...., ,..~....,.., ..r.._~. _. _......^. nion~ifin in +nimon~c• nr}hnnor-lin nr morJir+ol ~nnli~nro ., ~ ~ ~ ,......,~., ,,.r., r ...,., ..,...., r AA n„f•+n+i,rinn nmm~n,mr-linn nc.ccmhl~r nr~ro~~mon~ of r.- ~ ..~ ~ ~~........~ ~..+~~ Syr .......... .~ ... ................ _. vTtev4iloc• n,hher• nrenin~ic nr eemi_nronini~c ~4r~noe nr ...~~......~ ...........~. ~ r...~.~...r... ... r.. rmi-r~+~s~ '~vvn~, nlcr-~scr~s~ '"`..nor locacr'r°r~ fcr-rrvcr~~l~a-.~i~-~-YFan ~ ~~rcuT h o+~I• nnnnr +h f„r• •+nrl nnrL~~ s„e~t~~~r~te; #ea~er , , ,M.+n„f•+n~-o e~nr~+no nr nrnneooinn of +ho fnllrnerinrv nrnd_i_ir__fc ~. , .......y ~..., .....,......~ r.,.__..._ > > > > {~ Parking grew-shall be provided in accordance with -wee Section 4.2.7 of the Zoning Ordinance. Conditional uses roooniorl fnrfrrfrrrn rroe• shall be limited to: a) Licensed child care center within the principal structure of a permitted use or in an accessory structure on the same lot. Licensed child care centers are subject to state and local regulations; 1. All applicable State requirements must be met; Ordinance ~--9-~ - 08 Page 5 2. Such facility shall provide for the loading and unloading of children so as not to obstruct public streets or create traffic or safety hazards; 3. All license have been issued or have been applied for awaiting the outcome of the Board's decision; 4. The parking group requirements must be met - [$] 5. The conditional use applicant certifies that the premises on which the licensed child care center will be located complies with, and will for so long as the group day care center is so located, continue to comply with all local, state and federal regulations governing hazardous substances, hazardous wastes, and hazardous materials, including but not limited to Iowa Code Chapter 455B(1991); 42 U.S.C. Section 9601 of the Federal Comprehensive Environmental Response Compensation and Liability Act; 40 C.F.R. Section 302.4, and Section 302 of the Superfund Amendments and Reauthorization Act of 1986; and 6. If the applicant is subject to the requirements of Section 302 of the Superfund Amendments and Reauthorization Act of 1986, the Emergency Management Director shall certify whether or not the applicant has submitted a current inventory of extremely hazardous substances kept or stored on the premises. If any such extremely hazardous substances are kept or stored on the premises, the applicant shall also post in a conspicuous place on the premises a notice indicating a description of the extremely hazardous substances, and the physical and health hazards presented by such substances. 3. Accessory uses shall be limited to: #f~feiteu~i~g: ~+n~ ~+~?on~~tr~Q4~ ~r~ o~mc In+. 1'l~~i n~ro non+or nre~ c~ ihion~ fn ~~~40 ~ni-1 Innol roni il~~inn~_ urn. Ordinance ~ - 08 Page 6 ab. Retail outlets within ,the principal structure of a permitted use, selling products produced on-site and only as accessory to the principal use. bs. Any use customarily incidental and subordinate to the principal use it serves. c. Licensed child care centers shall not be allowed as an accessory use. Zone B: General Purpose and Description: Properties designated as Zone B can be developed for office and technology-oriented businesses as in Zone A or a limited amount of commercial development. 1. Principal permitted uses shall be limited to: a. Public orquasi-public utilities, including substations - [47]. b. General Offices - [14]. c. Medical/dental lab - [8]. d. Mail order houses - [23]. e. Printing and publishing - [32]. f. Laboratories for research or engineering - [33]. g. Business services - [29]. h. Retail/dry cleaner within a primary building only- [19]. i. Indoor restaurant - [30]. j. Carry-out restaurant within a primary building only- [28]. k. Drive-up automated bank teller within a primary building only- [8]. I. Banks, savings and loans, and credit unions within a primary building only- [31]. [ ]Parking shall be provided in accordance with Section 4.2.7 of the Zoning Ordinance. 2. Conditional uses shall be limited to: a. Licensed child care center 1. All applicable State requirements must be met; Ordinance ~7-~ - 08 Page 7 2. Such facility shall provide for the loading and unloading of children so as not to obstruct public streets or create traffic or safety hazards; 3. All license have been issued or have been applied for awaiting the outcome of the Board's decision; 4. The parking group requirements must be met - [$] 5. The conditional use applicant certifies that the premises on which the licensed child care center will be located complies with, and will for so long as the group day care center is so located, continue to comply with all local, state and federal regulations governing hazardous substances, hazardous wastes, and hazardous materials, including but not limited to Iowa Code Chapter 455B(1991); 42 U.S.C. Section 9601 of the Federal Comprehensive Environmental Response Compensation and Liability Act; 40 C.F.R. Section 302.4, and Section 302 of the Superfund Amendments and Reauthorization Act of 1986; and 6. If the applicant is subject to the requirements of Section 302 of the Superfund Amendments and Reauthorization Act of 1986, the Emergency Management Director shall certify whether or not the applicant has submitted a current inventory of extremely hazardous substances kept or stored on the premises. If any such extremely hazardous substances are kept or stored on the premises, the applicant shall also post in a conspicuous place on the premises a notice indicating a description of the extremely hazardous substances, and the physical and health hazards presented by such substances. 3. Accessory uses shall be limited to: a. Any use customarily incidental and subordinate to the principal use it serves. 4. Temporary uses shall be limited to: Ordinance ~~ - 08 Page 8 Any use listed as a permitted use within theis PUD District of a limited duration as established in Section 2-5.3 and as defined in Section 8 of the Zoning Ordinance. DG. Lot and Bulk Regulations Development of land in the PUD District shall be regulated as follows: All building structures and activities shall be located in conformance with the attached conceptual development plan and all final site development plans shall be approved in accordance with provisions of the PUD District regulations of this ordinance and of Section 3- 5.5 of the Zoning Ordinance. 2. All building-related features shall be in accordance with the following lot and bulk regulations: a- Inrli i +ri~+I (`onfor/Cn~ i+h h~+ll h~+~io ~+ minima im inn foo+ of In+ frnn+r+ne ~+nr+ ho fiein M\ ~nroa in ei~^ Cm~llor_In+c ~eiill ho a. ~. Maximum lot coverage shall be limited to 80%.-All building and vehicle-related features shall be considered when calculating total land area coverage. 11A~+ imp im hi ~ilrlinir hcirrh+ chnll he Fn foo+ ovno n+ +h & .y.....,..,,....,...,., .,. ., ......,. ~ r.... r ~ ~~~~- h~R~S c+~+ a nLc ~+nrJ n+h or nonoc~nni vvrnT rmy one Iimi~ ~ ~ e~se~s~ ^~n~~+l_oni~n~~nrl +hoir nrn+ iinmon+ ic+ limi+oi+ +n ') n foo+ ~hnvo ~++,~T on+i~~o hni i ~in_foe+ hc cmp~' inh77+ d. Setbacks: - Minimum front yard setback along Highway 61/151=25 ft. - Minimum front yard setback along Lake Eleanor Rd=50 ft. - Minimum front yard setback on internal streets = 50 ft. - Minimum side yard setback = 25 ft. - Minimum rear yard setback f^r in+orinr In+~ . 25 ft. ~er - Inn fF fnr h~~ili-linn_r +eiJ fc~~~~ Gn f+ fnr vchinlc roles+orl fc~+i iron Ordinance ~7--~ - 08 Page 9 e. Within required front, side and rear setbacks, only driveways, fire lanes, open space features, and primary and secondary signage are allowed. Parking lots may encroach up to 25 feet into a 50-foot front yard setback, provided additional screening is provided as required in the Landscaping Regulations section of this PUD Ordinance. OE. Parking Regulations All vehicle-related features shall be surfaced with either asphalt or concrete. 2. Curbing and proper surface drainage of stormwater shall be provided. 3. All parking and loading spaces shall be delineated~on the surfacing material by painted strips or other permanent means. 4. The number, size and design of parking spaces shall be governed by applicable provisions of City of Dubuque Ordinances enforced at the time of development of the lot. 5. The number, size, design and location of parking spaces designated for persons with disabilities shall be according to the local, state, or federal requirements in effect at the time of development. 6. The location and number of private driveway intersections with public streets shall be established by the City of Dubuque. Access to all lots shall be limited to the internal streets of theis PUD District . 7. No on-street maneuvering of delivery vehicles will be allowed on any type of through street. Lots adjoining through streets shall provide all necessary maneuvering space for delivery vehicles within the boundaries of the lots. €F. Landscaping Regulations Plant Materials. The open space of each lot shall be planted with permanent lawn and ground covers, shrubs and trees. It is the intent of these regulations that the development of required open spaces shall reflect a high quality of environmental design. The following provisions shall apply for each lot. Ordinance 2~-g-~ - 08 Page 10 a. Landscape plans are required as part of submittals for site plan review. Landscape plans are to include type, number and size of proposed plantings. As a minimum, the submitted landscape plan should include the following: - Novehicle-related features except driveways and fire lanes shall be allowed within 25 feet of the property line. - For every one (1) acre of lot size, four (4) trees shall be required to a maximum of 40 trees. Each required tree shall be at least two (2) inches in diameter at planting. Trees shall be of varieties approved for theis PUD District and listed in theis PUD District ~n~1°~"^+° fnr +h° norL. - Shrubs shall be used to screen parking areas and provide accent around buildings. Shrubs shall be of varieties approved for theis PUD District-D-u~u~st~i~l r°r,+°r~cn„+h and listed in the covenants for theis PUD District-park. - Parking areas located in front yards shall be screened with a combination of trees, shrubs or berms to provide a landscape screen of 25% opacity. - Parking areas located in front yards and encroaching up to 25 feet into a 50-foot front yard setback shall be screened with a combination of trees, shrubs and berms to provide a landscape screen of 50% opacity. 2. The installation of required planting materials may be phased in direct proportion to the phasing of building construction. All exposed soil areas remaining after the construction of building and vehicle-related features shall be planted with a permanent ground cover to prevent erosion. Within one (1) year following completion of construction, or by the date that a building is issued an occupancy certificate by the Building Safety Department of the City of Dubuque, whichever first occurs, required landscaping shall be installed. 3. The lot owner is required to replant any and all plant materials which have died due to any cause during the effective period of this PUD Ordinance. 4. The area between the public street and the right-of-way line shall be planted with grass and maintained by the lot owner. In addition, Ordinance ~~ - 08 Page 11 the lot owner will maintain City installed street trees planted between the street and the right-of-way line, including replacing trees that have died due to any cause. 5. Pedestrian access: Permanent hard-surfaced walkways shall be installed and maintained by the owner for purposes of pedestrian movement between all parking areas and functioning entries and exits of the buildings. 6. PUD District'^~'~,~+ri.,l (`an+cr landscaping: Landscaping of theis PUD District shall be in accordance with the landscape plan, a copy of which is attached and made a part of this PUD Ordinance. ~G. Sign Regulations 1. Applicability of City of Dubuque Ordinances: The provisions of the City of Dubuque Zoning Ordinance Section 4-3 Sign Regulations shall apply unless further regulated by this section. 2. Off-Premise Signs: No off-premise signs shall be erected or constructed on the property of theis PUD District ~e or on any of the private lots or buildings within theis PUD District . 3. On-Premise Signs: a. Allowable content: signs messages and graphics shall be limited to the following contents: Inrdi is+ri.~l (~on~or pUD District signs - Entrance signs - Directory signs - Street address 2. Primary signs - Identification of company name - Identification of company products or services by generic name only - Street address - Graphic symbol or logo identified with the company 3. Secondary signs Ordinance ~-9-~ - 08 Page 12 - Directional messages necessary for the safe and efficient flow of vehicular and pedestrian traffic on the lot - Identification of visitor entrances to the building, shipping and receiving docks and other delivery points. - Identification of assigned parking spaces and parking spaces accessible to persons with disabilities - Temporary announcements of pending or new construction - Commemorative messages b. Allowable Structural Types 1 ~r,+„~+rc~~ ~°n+°r pUD District signs - Monument-style 2. Primary signs - Wall-mounted - Monument-style 3. Secondary signs - Wall-mounted - Monument-style c. Maximum number of signs 1. PUD District signs - Not to exceed a total of six (6) signs in +r~-pia-I ^~PUD District 2. Primary signs - One (1)wall-mounted sign per street frontage per business - One (1) monument-style sign per lot location; restricted to frontages on interior streets only. 3. Secondary signs - No maximum number d. Maximum Sign Area: 1. ;n^'~ ~l-o°GTnTteTPUD District sign - ~~eEntrance signs: 200 square feet per sign face Ordinance ~ - 08 Page 13 - ~~D~irectory signs: 30 square feet per sign face 2. Primary sign - Wall-mounted sign: 15% of the area of the building wall upon which it is mounted - Monument-style signs: 100 square feet per sign face 3. Secondary sign - Limited to six (6) square feet. e. Height Regulations: Inrli ~c•+riol ('on~or pUD District sign - 12 feet, measured from average grade to top of sign structure 2. Primary sign - 10 feet, measured from average grade to top of sign structure 3. Secondary sign - 6 feet, measured from average grade to top of sign structure f. Variance requests from sign requirements for sign, number and height shall be reviewed by the Zoning Board of Adjustment in accordance with Section 5-3 of the Zoning Ordinance. g. Lighting: PUD District Signs and ~nrl~~c~ri~l (~cn~or' primary and secondary 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. h. Motion: No signs may include any device or means, mechanical, electrical or natural, which shall cause any motion of the sign panel or any part thereof. No flashing lights or changing colors shall be allowed. (~H. Performance Standards Ordinance ~~ - 08 Page 14 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. Site Lighting a. Exterior illumination of site features shall be limited to the illumination of the following: - Parking areas, driveways and loading facilities. - Pedestrian walkway surfaces and entrances to building. - Screened storage areas. - Building exterior. b. Location and Design: - All exterior lighting shall be designed, installed and maintained so as not to cause glare or to shine into adjacent lots and streets. - No light source shall provide illumination onto adjacent lots, buildings or streets in excess of 1.0 foot candle. - All exterior lighting luminaires shall be designed and installed to shield light from the luminaire at angles above 72 degrees from vertical. - A lighting plan shall be included as part of site plan submittals that indicates types of lights used and ground light pattern for building lighting of building and parking- related features. - Fixtures mounted on a building shall not be positioned higher than the roof line of the building. - The top of post mounted free-standing fixtures shall not be higher than 30 feet above the ground. - Wooden utility type poles are acceptable only for temporary use during construction. - All electrical service lines to posts and fixtures shall be underground and concealed inside the posts. 2. Utility Locations a. Service lines: All electrical, telephone, cable and other similar utility lines serving the building and other site features shall be located underground. b. Mechanical equipment: all electrical transformers, switching gear, relay boxes, meters, air conditioning units, heat pumps and other similar mechanical equipment, including roof- mounted mechanical equipment, shall be screened from Ordinance ~~ - 08 Page 15 view. Mechanical equipment shall be screened in such a manner that it will appear to be an integral part of the building's overall architectural design. Fencing of at least 50% opacity, masonry walls, or plantings may be used to visually screen mechanical equipment. 3. The recreational trail shall be placed six (6) feet behind the curb parallel to the street on the north side of the cul-de-sac street and the east side of the major street that runs north to south to link the perimeter recreational trail. The recreational trail shall be internal to this PUD Districts In~i ic4ri~+l r'~,-t°~and shall not be placed on the north side of Lake Eleanor Road. The recreational trail shall be placed in accordance with the conceptual development plan. 4. Final site development plans shall be submitted in accordance with Section 4-4 of the Zoning Ordinance prior to construction of each building and vehicle-related feature unless otherwise exempted by Section 4-4. 5. Stormwater Conveyance: The developer of each lot shall be responsible for providing surface or subsurface conveyance(s) of storm water from the lot to existing storm sewers or to flow line of open drainageways outside the lot in a means that is satisfactory to the Public Works Department of the City of Dubuque. 6. Maintenance Assessments a) City shall levy against the Properties in each assessment year an annual assessment for the purpose of paving fifty percent (50%) of the actual costs of City's maintenance and repair of the Public Areas and the actual costs associated with maintaining and lighting entrance signs. Said assessment may also include the establishment of a capital improvements reserve fund for such purposes. Upon establishment of such assessment levy, each Owner shall pay to City a pro rata share (as hereinafter defined) of such assessment levy. b. If such pro rata share is not paid within thirty (30) days of its due date, the amount of such pro rata share shall become a lien upon-the Lot obligated to pay the same and shall bear interest from the due date at the highest legal contract rate applicable to a natural person. City may bring an action at law against any Owner obligated to pay the same, or foreclose the lien against the Lot. Ordinance ~-~ - 08 Page 16 The Owner shall also be obligated to City for City's costs and reasonable attorney's fees of any collection efforts. No Owner may waive or otherwise avoid liability for an assessment provided herein by non-use of the Public Areas or abandonment of a lot. c An Owner's pro rata share shall be equal to a fraction, the numerator of which shall be the gross square feet area of the Lot owned by the Owner and the denominator of which shall be the gross square feet area of the Properties exclusive of the Public Areas and public rights-of way. d. Other applicable regulations enforced by the City of Dubuque relative to stormwater management and drainage shall apply to properties in theis PUD District ~t~e 67. The conceptual development plan shall serve as the preliminary plat for this PUD District. Subdivision plats and improvement plans shall be submitted in accordance with Chapter 42, Subdivision Regulations, of the City of Dubuque Code of Ordinances. ~8. Operations within enclosed buildings: All operations and activities shall be conducted or maintained within completely enclosed buildings, except: a. Off-street parking and loading spaces. b. Employee recreational facilities. c. Outdoor or exterior storage. ~9. Noises generated within theis PUD District ~ -gat ron+or~cni,+h shall be regulated by Chapter 33, Article IV Noises, of the City of Dubuque Code of Ordinances. X10. All loading docks for shipping and receiving of raw and manufactured goods shall be designed to provide for the direct movement of goods between the delivery vehicle and the interior of the building. Loading docks 0 Oho frnn4 h~~iliJinn ,.~.+II ~+nrJ h~+ll he roncc~cor) frnm +ho hi,ili-linn frnn~ shall generally be restricted to the rear facade of a building. Loading docks may only be allowed on a side facade of a building with approval granted through the design review process provided in the Dubuque Technology Ordinance 2~-~~ - 08 Page 17 Park covenants. Buildings located on corner lots shall provide screening that visually obscures the dock from both street frontages, including any trucks positioned at the dock..- No visually exposed platform docks shall be allowed except within fully screened storage areas. An effective 50% screening of loading doors and docks, measured from ground level to a height of at least 20 feet, shall be provided through the use of earthen berms and plantings. 119. Exterior Storage: a. Exterior storage is prohibited in this PUD District. nn+hvrrrc°-rr'm~c i~+l rol•++orJ +n +ho nrinni~~s+i~r~~ef t In+ Aln it nr +roiern ~+hni ~+ by +ho ~erinrl shall ho r~ormi+}ncL crrr--v,-~er~.-w,-r-avvere-o~ern.. ..~,~....,........., r,.~..........,.. rd 011 cv+o rinr c+n r~+no ~ronc~ ~niJ +hc m~+o rin to nnn+nino~ ~~~n~+ll h~~ar+ll~a,recnor! frnm ~rio~er Tho cr n Sh II ho •+ nmm~l~ r nn~+ni i~~Gnno ~nr~ll nr n+hor fog+~ pro nn+ e ~~ rJi~n~h~~~+~~nf,~~~ o+ mo~ai ~rorJ frnm tho nrni„niJ ~~ol n~-v'a~iuc°J tl~e~~r'me-v~ltti-~~~°,°cr'r-v~°,°Y1crrs-hgaT~c-vTr~TVp~m'~ hnvnTr,~_~nnc~~"I~~,..~nnno+r~ ir+ +hc nnnni ~o N"" v~ w.~ ..v~ .~ ~... ...~.......~.,.. ~~~~q~ll he imil~+r +n ~+ ~or+rnnn_o_ +n mo+ori~lc ~ icorJ fnr eritCi-t~l--~ttt~ III ov+crinr'on+ronncc +n o ~nroonccl a~cin~+ nf~~T~n 12a- Exterior Trash Collection Areas: a. The storage of trash and debris shall be limited to that produced by the principal permitted use, conditional uses and accessory uses of the lot. b. The ground area coverage of exterior trash collection areas shall be the area contained inside the required screening Ordinance ~-9-~ - 08 Page 18 and this area shall be considered abuilding-related feature for purposes of calculating total land area coverages. c. Exterior trash collection areas shall be located in the rear or side yards only. d. All exterior trash collection areas and the materials contained therein shall be visually screened from view. The screening shall be completely opaque fence, wall or other feature not exceeding a height of 10 feet measured from the ground level outside the line of the screen. Screens built on sloping grades shall be stepped so that their top line shall be horizontal. Exposed materials used to construct the opaque screen shall be similar in appearance to materials used for exterior building walls. All exterior entrances to a screened trash area shall be provided with a gate or door of similar design to that of the screen. If a 10-foot high screen fails to shield the exterior trash collection area from view from points inside or outside of the property, evergreen plantings may be required in addition to the screening. Evergreen plant materials shall be selected and designed so that they will screen the area from all off- site visibility within five (5) years. 1~3. Street lighting: Street lights shall be installed in accordance with City of Dubuque standards. 1~4. Flood Plain Regulations: The area of theis PUD District fiat Seete~that lies within the flood plain of Granger Creek shall be subject to the regulations of Section 3-5.3 of the Zoning Ordinance. 145. Phased Construction of Buildings and Parking Spaces: The construction of off-street parking spaces may be phased in proportion to the percentage of total building floor area constructed at any one time. Ground area set aside for future parking, loading spaces or driveways or for parking provided in excess of the minimum required number of parking spaces shall not reduce the minimum required area for open space. 1~6. Other Codes and Regulations: These regulations do not relieve an owner from other applicable city, county, state and federal codes, regulations, laws and other controls relative to the planning, construction, operation and management of property in the Dubuque Industrial Center/South. Ordinance ~•~ - 08 Page 19 ail. Open Space and Recreational Area These areas designated on the conceptual development plan as "open" shall be maintained as open space, as defined by Section 8 of the Zoning Ordinance by the property owner and/or association. The recreational trail shall be maintained by the property owner and/or association. tJ. Transfer of Ownership Transfer of ownership or lease of property in this PUD District shall include in the transferor lease agreement a provision that the purchaser or lessee acknowledges the existence of this PUD District and the restrictions and conditions existing in this PUD District ^~~~^r°n°~~ of +h° nnn~~tinon~ •+~i+hnri~inn +h° °c+.~hlichm°n+ of +h° rlic+rir•+ dK. 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. ~L. Recording A copy of this ordinance shall be recorded in the office of ^++"° °vn°nc° of +h° nrnn°r+" mein°r/c\ ,e,i+h the Dubuque County Recorder as a r..,N....~ ,........ ~.., .... permanent record of this amendment ~Te cc^c".+:cns c~con+°,~ °~ .,^r+ „f 4hi r°nl ifin +inn ~+nnrnv+1 ~eii+hin fen /1 /1\ i-lov~ ^f+°r +h° ~r~lnn+inn n++hic ... ~...,,......,........,....,...,.rr................. --•• . -~ ---,- ------ - - nrrJin nn° Thic nrrJin^nn° c hill h° hinrJinn ~ ~nnn +h° ~ iniJ°rc~inn°rJ ~nrJ hsr"eF-I~~FFS c~ inn°c~nrc• onrl ^ccinno. ~, .,..v.............. ........ ........~.. 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 ~~'-day of ~~. Attest: T°rr•+nn° AA Ili innonRoy D. Buol, Mayor eanne Schneider, City Clerk