Ordinance 22-05OFFICIAL PUBLICATION
ORDINANCE NO. 22-05
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF
THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING
HEREINAFTER DESCRIBED PROPERTY LOCATED ALONG EAST 16TH
STREET FROM HI HEAVY INDUSTRIAL DISTRICT TO PUD PLANNED UNIT
DEVELOPMENT DISTRICT WITH A PC PLANNED COMMERCIAL
DESIGNATION AND ADOPTING A CONCEPTUAL DEVELOPMENT PLAN
WITH CONDITIONS FOR RIVER VIEW PLAZA.
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 reclassifying the hereinafter -described
property from HI Heavy Industrial District to PUD Planned Unit Development with PC
Planned Commercial District designation as shown in exhibit A, and to the centerline of
the adjoining public right-of-way, all in the City of Dubuque, Iowa, and adopting a
conceptual development plan, a copy of which is attached to and made a part hereof,
with conditions, for River View Plaza.
Section 2. Pursuant to Iowa Code Section 414.5 (2003) and as an express
condition of this zoning reclassification, the undersigned property owner agrees to the
following conditions, all of which the property owner further agrees are reasonable and
imposed to satisfy the public needs that are caused directly by this zoning
reclassification.
A. Definitions
1. Building -related features: Building -related features are defined as all
constructed items which rise above the grade surface of the lot. These
include:
a. The primary building
b. All accessory or secondary buildings
c. All exterior storage areas
d. Exterior refuse collection areas
e. Exterior mechanical equipment
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
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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
1. Open Space Features: Open space features are defined as those
exterior areas and developed features of the lot. These include:
a. Landscaped space containing lawn areas and plantings.
b. Paved, hard -surfaced pedestrian areas such as walkways, plazas,
entryways and courtyards.
c. Surface storm water detention areas not otherwise used for
building -related or vehicle -related purposes.
d. Open recreation areas and recreational trail.
e. Other non -building and non -vehicular related space.
A. Use Regulations
The following regulations shall apply to all land uses in the above-described
PUD District:
1. Principal permitted uses shall be limited to:
a. Regional shopping center
b. Retail sales/service [17]
c. Supermarket [17]
d. Indoor restaurant [20]
e. Drive-in/carry-out restaurant [28[
f. Gas station [18]
g. General offices [14]
h. Indoor recreation [37]
i. Outdoor recreation [37]
j. Auto sales/service [38]
k. auto service centers [34]
I. Automated gas station [18]
m. Self-service carwash [8]
n. Full-service carwash [8]
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[ ] Parking group — See section 4-2 of the Zoning Ordinance.
2. Conditional uses reserved for future use.
3. Accessory uses shall be limited to any use customarily incidental and
subordinate to the principal use it serves.
4. Temporary uses shall be limited to any use listed as a permitted use
within the PUD District of a limited duration, as established in Section2-
5.3 and as defined in Section 8 of the Zoning Ordinance.
A. Lot and Bulk Regulations.
Development of land in the PUD District shall be regulated as follows:
1. All building related features of the retail center shall be located in
substantial conformance with the attached conceptual plan. 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 out lot building -related features shall be in accordance with the
following bulk regulations.
a. Maximum lot coverage shall be limited to 90 percent of total lot
area. All building and vehicle -related features shall be considered
when calculating total land area coverage.
b. Maximum building height shall be 40 feet, except the following
may exceed the height limit: cooling towers, condensers, elevator
bulkheads, stacks and other necessary mechanical equipment
and their protective housing. HVAC equipment is limited to 10
feet above 40 feet limitation subject to the provisions of adequate
screening.
c. Setbacks for out lot buildings shall be 20 feet from 16th Street and
10 feet from all internal access drives. Parking lots fronting on
16th Street shall be set back 12 feet from the right-of-way and
eight (8) feet from internal drives measured from edge of paving.
D. Parking Regulations
1. All vehicle -related features shall be surfaced with either hot -mix asphalt
or Portland cement concrete.
2. Curbing and proper surface drainage of storm water shall be provided.
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3. All parking and loading spaces shall be delineated on the surfacing
material by painting stripes and other permanent means.
4. The number, size and design of parking spaces shall be governed by
applicable provisions of City of Dubuque Code of Ordinances in effect
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 of the lot.
6. The location and number of private driveway intersections with public
streets shall be established by the City of Dubuque.
E. Landscaping Requirements
1. Plant Materials: The open space areas of the retail center and out lots
shall be planted with permanent lawn and ground covers, such as
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 to each out
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:
1. For every one (1) acre of lot size, three (3) trees shall be
required with a minimum of eight (8) trees. Each required
tree shall be at least 1 % - 2" caliper diameter, deciduous
and/or six foot high evergreen at planting.
2. Parking areas located adjacent to right-of-way shall be
screened with a combination of trees, shrubs or berms to
provide a landscape screening of 35% opacity and three feet
in height within three years of planting.
2. 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. The required landscaping shall be installed
within one year following completion of construction, or by the date that
a building is issued an occupancy certificate by the Building Services
Department of the City of Dubuque, whichever occurs first .
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3. The owner shall replant any and all plant materials, which have died
due to any cause during the effective period of this PUD Ordinance.
F) Sign Regulations
1. The provisions of Section 4-3 (Sign Regulations) of the Zoning
Ordinance shall apply unless further regulated by this section.
2. Wall -mounted Signs:
a. Retail Center Tenants
1. Total aggregate square footage of wall -mounted signs is
based on 15 percent of the front building wall area. Corner
spaces shall be allowed additional aggregate square footage
based on five (5) percent of the side building.
2. Number of signs: maximum four (4) per store.
3. Below eave or parapet.
b. Out lots:
1. Total allowed square footage: 250 square foot.
2. Number of signs: maximum four (4) per building.
3. Below eave or parapet.
3. Freestanding Signs:
a. Retail Center/Tenant Identification Signs:
1. Total allowed square footage: 300 square feet
2. Maximum number: 2
3. Maximum height: 35 feet
b. Out Lots:
1. Total allowed square footage: 100 square feet
2. Maximum number: 1
3. Maximum height: 25 feet
4. Directional Signs:
a. Retail Center/Out lot:
1. Maximum size: 6 square feet
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2. Maximum number: unlimited
3. Maximum height: 10 feet
5. Variance requests from sign requirements for size, number and height
shall be reviewed by the Zoning Board of Adjustment in accordance
with Section 5-3 of the Zoning Ordinance.
6. Lighting: Signs may be illuminated only by means of indirect lighting
whereby all lighting 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.
7. Motion: No signs may include any device or means, mechanical,
electrical, or natural, which shall cause motion of the sign panel or any
part thereof. No flashing lights or changing colors shall be allowed.
G. 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. Off-site Improvements: Highway 151/61 Development, LLC shall be
responsible for the design, construction and costs associated with the
following off-site improvements:
a. That all recommended traffic improvements to intersections and
streets included in the approved traffic study shall be incorporated
into project and shall be the financial responsibility of Highway
151/61 Development, LLC. The following improvements are
included:
1. Signal and lane improvements to 16th and Elm Streets.
2. Signal installation and lane Improvements to 16th &
Sycamore Streets.
3. Removal of old signals at 16th and Sycamore Streets.
4. Signal and lane improvements to 16th Street and Kerper
Boulevard.
5. Reconfiguration of 16th Street to three lanes providing one
through lane in each direction and a center turn lane.
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6. Platting and dedicating and necessary right-of-way needed
for said improvements including an area for a sidewalk
(minimum 11.5 feet from back of proposed curb).
b. That future development of property west of the proposed
development is subject to the following conditions:
1. The Bee Branch Creek Restoration Project consists of the
construction of an above ground open waterway. If Highway
151/61 Development, LLC desires an underground storm
water drainage system through their property, the developer
shall be required to provide any additional space necessary
to direct storm water flow underground, and the developer
shall pay any costs associated with directing storm water
underground above and beyond the cost to construct the
storm water facility as an above ground open waterway.
2. All storm sewer, sanitary sewer and water mains which need
to be relocated, reconstructed or abandoned for the
development shall be engineered and installed by Highway
151/61 Development, LLC.
c. Installation of sidewalks along 16th Street right-of-way.
d. All off-site public improvements are subject to applicable City of
Dubuque and Iowa Department of Transportation review
procedures, standards, regulations and construction practices.
2. Site Lighting:
a. Exterior illumination of the site features shall be limited to the
illumination of the following:
1. Parking areas, driveways and loading facilities.
2. Pedestrian walkway surfaces and entrances to the building.
3. Screened storage areas.
4. Building exterior.
b. Location and Design:
1. All exterior lighting shall be designed, installed and
maintained so as not to cause glare or to shine into adjacent
lots and streets.
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2. All exterior lighting luminaries shall be designed and
installed to shield lighting from the luminaries at angles
above 72 degrees from vertical.
3. A lighting plan shall be included as part of site plan
submittals that indicates types of lights used and ground
light pattern for lighting of building and parking -related
features.
4. Fixtures mounted on a building shall be positioned no higher
than the roofline of the building.
5. Wooden utility -type poles are acceptable only for temporary
use during construction.
6. All electrical service lines to posts and fixtures shall be
underground or concealed inside the posts.
3. Utility Locations
a. Service Lines: All electrical telephone, cable or 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 paintings may
be used to visually screen mechanical equipment.
c. 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 features unless otherwise
exempted by Section 4-4.
4. Exterior Trash Collection Areas:
a. The storage of trash and debris shall be limited to that produced
by the principal permitted use 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
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shall be considered a building -related feature for purposes of
calculating total land area coverages.
c. Exterior trash collection area shall be located in rear or side yards
only.
d. All exterior trash collection areas and the material 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. 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 years.
5. Other Codes and Regulations
a. Outdoor sales are regulated through the temporary use permit
process.
b. The use of semi -trailers and shipping containers for storage is
prohibited.
c. These regulations do not relieve the owner from other applicable
city, county, state or federal codes, regulations, laws and other
controls relative to the planning, construction, operation and
management of property within the City of Dubuque.
H. 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 and agrees to comply with the conditions
authorizing the establishment of the PUD District.
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
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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 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
Commission of the City of Dubuque, Iowa.
Section 4. This ordinance shall take effect immediately upon publication, as
provided by law.
Passed, approved and adopted this 21 st day of March, 2005.
/s/Terrance M. Duggan, Mayor
Attest:
/s/Jeanne F. Schneider, CMC
City Clerk
ACCEPTANCE OF ORDINANCE NO. 22-05
I, Steven J. Smith, representing Highway 151 & 61 Development, LLC, having
read the terms and conditions of the foregoing Ordinance No 22-05 and being familiar
with the conditions thereof, hereby accept the same and agree to the conditions
required therein.
Dated this 11th day of April, 2005.
/s/Steven J. Smith
Published officially in the Telegraph Herald Newspaper the 18th day of April, 2005.
/s/Jeanne F. Schneider, CMC
City Clerk
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