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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 Ordinance No. Page 2 -05 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] Ordinance No. Page 3 -05 [ ] 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. Ordinance No. Page 4 -05 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 . Ordinance No. Page 5 -05 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 Ordinance No. Page 6 -05 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. Ordinance No. Page 7 -05 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. Ordinance No. Page 8 -05 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 Ordinance No. Page 9 -05 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 Ordinance No. Page 10 -05 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 1t 4/18