Ordinance 25-05OFFICIAL PUBLICATION
ORDINANCE NO. 25-05
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF
THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING
HEREINAFTER DESCRIBED PROPERTY LOCATED ALONG THE FUTURE
EXTENSION OF PLAZA DRIVE FROM AG AGRICULTURAL DISTRICT TO PUD
PLANNED UNIT DEVELOPMENT DISTRICT WITH A PC PLANNED
COMMERCIAL DESIGNATION AND ADOPTING AN AMENDED CONCEPTUAL
DEVELOPMENT PLAN, WITH CONDITIONS FOR MOTOR CITY, LLC.
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 AG Agricultural to PUD Planned Unit Development with a PC Planned
Commercial designation, as shown in Exhibit A, and to the centerline of the adjoining
public right-of-way, all in the City of Dubuque, Iowa.
Section 2. Pursuant to Iowa Code Section 414.5 (2003) and as an express
condition of this zoning reclassification, the undersigned property owner(s) agree 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
f. Containerized or tank storage 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
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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.
3. Open space features: Open space features are defined as those
exterior areas and developed features of the lot. These include:
a. Landscape 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 recreation trail.
e. Other non -building and non -vehicular related space.
B. 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. Retail sales/services [17]
b. General office [14]
c. Indoor restaurant [20]
d. Drive-in/carry-out restaurant [28]
e. Gas station [18]
f. Bank/savings and loans and credit unions [31]
g. Indoor recreation [37]
h. Schools of private instruction [4]
i. Self-service car wash [8]
j. Full-service car wash [8]
k. Outdoor recreation [37]
I. Auto sales and service [38]
m. Auto service centers [34]
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n. Auto repair/body shop [35]
o. Motorcycle sales/service [41]
p. Truck sales/service/repair [39]
q. Recreation vehicle sales/service [38]
r. Business services [29]
s. Office supply [19]
t. Lumberyards/building material sales [19]
u. Construction supplies, sales and service [19]
v. Moving/storage facilities [33]
w. Contractor shop/yard [33]
x. Wholesale sales/distributor [29]
y. Warehousing and storage facilities [33]
z. Freight transfer facilities [44]
aa. Agricultural supply sales [19]
bb. Mini -warehousing [47]
cc. Processing or assembly [33]
dd. Landscaping services (not including retail sales as primary use)
[29]
[ ] Parking Group — see Section 4-2 of the Zoning Ordinance
2. Conditional uses shall be limited to the following:
a. Day care center, within a primary office/commercial building or as
a stand-alone structure. Day care centers are subject to state
and local regulations.
1. Indoor floor area (excluding halls and bathrooms) must be
provided per child in areas occupied by cribs as per State
Code.
2. Indoor floor area (excluding halls and bathrooms) must be
provided per child in areas not occupied by cribs times the
licensed capacity as per State Code.
3. Fenced outdoor recreation space must be provided per child
using the space at a given time as per State Code.
4. Such facility shall provide for the loading and unloading of
children so as not to obstruct public streets or create traffic
or safety hazards.
5. All licenses have been issued or have been applied for
awaiting the outcome of the Board's decision.
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6. No group day care center may be located within the same
structure as any gas station, bar/tavern, automated gas
station or any facility selling servicing, repairing or renting
vehicles.
7. The parking group requirements can be met [8].
8. The conditional use applicant certifies that the premises on
which the group day 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
waste 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 3-2.4; and
Section 302 of the Superfund Amendments and
Reauthorization Act of 1986; and
9. 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 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 Section
2-5.3 and as defined in Section 8 of the Zoning Ordinance.
C. Lot and Bulk Regulations
Development of land in the PUD District shall be regulated as follows:
1. All building -related features shall be in accordance with the following lot
and bulk regulations:
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a. Maximum lot coverage shall be limited to 85% of the total lot area.
All building and vehicle -related features shall be considered when
calculating total land coverage.
b. Maximum building height shall be 60 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 60 feet limitation subject to the provisions of adequate
screening.
c. Setbacks for buildings shall be as established for the C-3 General
Commercial District, set forth in Section 3-3.3 of the Zoning
Ordinance.
d. Parking lots fronting on a public or private street(s) shall be set
back ten (10) feet from the adjacent right-of-way(s).
D. Parking Regulations
1. All vehicle -related features shall be surfaced with either asphalt or
concrete.
2. Curbing and proper surface drainage of storm water shall be provided.
3. All parking and loading spaces shall be delineated on the surfacing
material by painting stripes and other permanent means.
4. No on -street parking shall be allowed on streets within this PUD.
5. 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.
6. 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.
7. The location and number of private driveway intersections with public
streets shall be established by the City of Dubuque.
E. Landscaping Regulations
1. Plant Materials: The open space area of each lot 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
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spaces shall reflect a high quality of environmental design. The
following provisions shall apply to 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:
1. For every one (1) acre of lot size, four (4) trees shall be
required with a minimum of eight (8) trees required for lots
two (2) acres or less. 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 screen of 50% 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. 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, required landscaping shall be installed.
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. Total aggregate square footage of wall -mounted signs is based on
15 percent of the front building wall area. Corner lots shall be
allowed additional aggregate square footage based on five
percent (5%) of the side building wall area.
b. Number of signs: Maximum four (4) per building. No more than
three (3) building walls shall have wall -mounted signs.
c. Below eave or parapet.
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3. Freestanding signs:
a. Total allowed square footage: 100 square foot
b. Maximum number: 1
c. Maximum height: 25 feet
4. 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.
5. Lighting: Signs may be illuminated only by means of indirect lighting
whereby all light sources and devices are shielded from view by
opaque or translucent materials, or internally illuminated by means of a
light source completely enclosed by the sign panel.
6. 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. Site Lighting:
a. Exterior illumination of site features shall be limited to the
illumination to 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.
2. All exterior lighting luminaries shall be designed and
installed to shield light from the luminaire at angles above
72 -degrees from vertical.
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3. A lighting plan shall be included as part of the 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.
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 air conditioning units, heat pumps and
other similar mechanical equipment, not 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. Wooden
fencing of at least 50% opacity, masonry walls or plantings may be
used to visually screen mechanical equipment.
c. Exterior trash collection area shall be located in 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 wood or
masonry fence, wall or other feature not exceeding a height of seven
(7) 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 unless located in a service area not visible to the general public.
If a seven -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.
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4. 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. Operations within enclosed buildings: All operations and activities shall
be conducted within completely enclosed buildings, except: (1) off-
street parking and loading; and (2) recreation facilities.
d. These regulations do not relieve the owner from other applicable city,
county, state or federal codes, regulations, laws or 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.
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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
Advisory 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:
Jeanne F. Schneider, CMC
City Clerk
Acceptance of Ordinance 25-05
I, Wendell Corey, representing Motor City, LLC, property owner, having read the
terms and conditions of the foregoing Ordinance No. 25-05 and being familiar with the
conditions thereof, hereby accept the same and agree to the conditions required
therein.
Dated this 9th day of March, 2005.
By: Wendell Corey
Published officially in the Telegraph Herald Newspaper the 28th day of March,
2005.
/s/Jeanne F. Schneider, CMC
City Clerk
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