Loading...
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 Ordinance No. Page 2 of 10 -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. 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] Ordinance No. Page 3 of 10 -05 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. Ordinance No. Page 4 of 10 -05 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: Ordinance No. Page 5 of 10 -05 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 Ordinance No. Page 6 of 10 -05 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. Ordinance No. Page 7 of 10 -05 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. Ordinance No. Page 8 of 10 -05 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. Ordinance No. Page 9 of 10 -05 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. Ordinance No. Page 10 of 10 J. Recording -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 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 1t 3/28