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Ordinance 34-05OFFICIAL PUBLICATION ORDINANCE NO. 34-05 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED NORTH AND SOUTH OF CHAVANELLE ROAD FROM AG AGRICULTURAL DISTRICT TO PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PI PLANNED INDUSTRIAL DISTRICT DESIGNATION AND ADOPTING A CONCEPTUAL DEVELOPMENT PLAN, WITH CONDITIONS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter described property from AG District to PUD Planned Unit Development District with a PI Planned Industrial designation and adopting a conceptual development plan, a copy of which is on file in the City of Dubuque Planning Services Department, with conditions, to wit: The NW 1/4 of SW 1/4 of Section 29, Township 89 North, Range 2 east of the 5th P.M. except that part acquired by the city of Dubuque for right-of-way; and that part of Lot 1-1 of SW 1/4 of SW1/4, Section 29, Township 89 North, Range 2 East of the 5th P.M., lying northerly of the railroad right-of-way, except that part acquired by the City of Dubuque for right-of-way, all in the City of Dubuque, Iowa. Section 2. Attached hereto and made a part of this zoning reclassification approval is a Conceptual Development Plan marked Exhibit A. It is recognized that minor shifts or modifications to the general plan layout may be necessary and compatible with the need to acquire workable street patterns, grades, and usable building sites. The general plan layout, including the relationship of land uses to the general plan framework and the development requirements shall be used as the implementation guide. Section 3. Pursuant to Iowa Code Section 414.5 (2003), and as an express condition of the reclassification, the undersigned property owner 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 the 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 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 spaces outside of the building. e) Parking spaces for company-owned commercial vehicles. f) Fire lanes. g) Railroad tracks. 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 or vehicle -related purposes. d) Open recreation areas and recreational trail. e) Other non -building and non -vehicular related space. B) Use Regulations. The following regulations shall apply to all uses made of land in the above- described PUD District: Zone D: General Purpose and Description. Zone D is intended to provide a location for heavy industrial uses. Exterior storage is allowed, provided it is screened from view from public right-of- way. 1) Principal permitted uses shall be limited to: a) Railroad and public or quasi -public utilities —[47]. b) Corporate offices —[14]. c) Mail Order houses -[23]. d) Printing and publishing -[32]. e) Laboratories for research and engineering -[33]. f) Moving/storage facilities -[33] g) Wholesale sales/distributor-[29]. h) Freight transfer facilities -[44]. i) Fuel and ice dealers -[33]. j) Cold storage/locker plants -[15]. k) Packing and processing of meat, dairy or food products, not to include stockyards or slaughter houses -[33]. I) Compounding, processing and packaging of chemical products— [33]. m) Manufacture, assembly, repair or storage of electrical and electronic products, components or equipment -[33]). n) Warehousing and storage facilities, not to include mini - warehouses -[33]. o) Manufacturing, processing, fabrication, assembling, packaging or other comparable treatment of goods or materials -[33]. [ ] 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/industrial building or as an accessory structure on the same lot. 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; 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 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 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 the following: a) Retail outlets within a primary office/industrial building, 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. 4) Temporary uses shall be limited to the following: 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 Zone D shall be regulated as follows: 1) 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 buildings related features in Zones D shall be in accordance with the following bulk regulations chart: a) Lots smaller than minimum will be allowed if he parcel is consolidated or combined with a larger lot. Substations for public and quasi -public utilities shall be exempt from lot frontage and lot area requirements. b) Maximum lot coverage shall be 80 percent. All building and vehicle related features shall be considered when calculating total land area coverage, except fire lanes and railroad tracks. c) Maximum building height shall be as stipulated in the bulk regulations chart above, except the following may exceed the height limit: cooling towers, condensers, elevator bulkheads, Minimum Lot area In Acres Lot Frontage Minimum Feet Front Yard Setback Minimum Feet Side Yard Setback Minimum Feet Rear Yard Setback Minimum Feet Building Height Maximum Feet Zone D 2 acres 100 50 25 50 100 a) Lots smaller than minimum will be allowed if he parcel is consolidated or combined with a larger lot. Substations for public and quasi -public utilities shall be exempt from lot frontage and lot area requirements. b) Maximum lot coverage shall be 80 percent. All building and vehicle related features shall be considered when calculating total land area coverage, except fire lanes and railroad tracks. c) Maximum building height shall be as stipulated in the bulk regulations chart above, except the following may exceed the height limit: cooling towers, condensers, elevator bulkheads, stacks and other necessary mechanical equipment and their protective housing. Heating, ventilating and air conditioning (HVAC) equipment is limited to 10 feet above height limitation. d) Within required front, side and rear setbacks, only driveways, fire lanes, railroad tracks, open space features, and primary and secondary signage are allowed. Parking lots may encroach up to 50% into a required front yard setback. D. Parking and Loading Regulations 1) All vehicle -related features, except for railroad tracks, shall be surfaced with either asphalt or concrete. 2) All parking and loading spaces shall be delineated on the surfacing material by painted strips or other permanent means. 3) The number, size and design of parking spaces shall be governed by applicable provisions of City of Dubuque Zoning Ordinance and City standards. 4) The number, size and 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. 5) The location and number of private driveway intersections with public streets shall be reviewed and approved by the City Engineer. Access shall generally be limited to internal streets. 6) No on street maneuvering of delivery vehicles will be allowed on any street. Lots shall provide all necessary maneuvering space for delivery vehicles within the boundaries of the lots. 7) 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 deliver vehicle and the interior of the building. E. 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: Off -premise signs shall be prohibited. 3) On -Premise Signs: On -premise signs shall be erected or constructed in accordance with the following regulations. a) Allowable content: signs, messages and graphics shall be limited to the following contents: 1) Industrial Center signs: limited to identification of Dubuque Industrial Center West ➢ Entrance signs ➢ Directory signs 2) Company Primary signs: limited to identification of uses in Zone D. ➢ Identification of company name ➢ Identification of company products or services by generic name only ➢ Graphic symbol or logo identified with the company 3) Secondary signs: allowable in all zones ➢ Street address ➢ 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) Schedule of sign regulations: allowable structural type, size, number and height shall be limited to the following requirements. Type of Sign Maximum Size Maximum Number Allowable Structure Type Maximum Height* Industrial Center 200 square feet per sign Six (6) signs Monument 12 feet Entrance Signs face Allowable Location Allowable Screening Materials Minimum Opacity Industrial Center Directory Signs 30 square feet per sign face Three (3) signs Monument 8 feet Company Primary Signs 10% of building wall sign is mounted on or 400 total square feet of sign area, whichever is less. 2 signs per street frontage per business Wall- mounted Below eave or parapet 150 square feet per sign face 1 sign per business restricted to interior street frontages only. Monument 10 feet Secondary Signs 6 square feet per sign face No maximum number Wall- mounted Below eave or parapet Monument 6 feet *The height of monument -style signs shall be measured from average grade to top of sign structures. c) Variances: Variances from sign requirements for size, number and height may be requested. Such variances shall be reviewed by the Zoning Board of Adjustment in accordance with Section 5- 3 of the Zoning Ordinance. d) 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. e) 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. F. Exterior Storage Regulations Exterior storage shall be in accordance with the following regulations: 1) Exterior storage of materials, which could be blown into the air or strewn about by the wind, shall be prohibited. 2) Exterior storage, where allowed, shall not encroach into a front yard. A front yard may exceed the required front yard setback. Allowable Products Stored Allowable Location Allowable Screening Materials Minimum Opacity Maximum Height of Screening Zone D Raw or finished goods; equipment Rear or side yards Similar to building color 50% 12 feet 1) Exterior storage of materials, which could be blown into the air or strewn about by the wind, shall be prohibited. 2) Exterior storage, where allowed, shall not encroach into a front yard. A front yard may exceed the required front yard setback. 3) The ground area coverage of exterior storage areas shall be the area contained inside the required screening. This area shall be considered to be a building -related feature for purposes of calculating total land area coverage. 4) Exterior storage (where allowed) must be screened from view from adjacent public right-of-way. 5) The screening height shall be 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. 6) Required screening is intended to buffer surrounding property from the negative visual impact created by the storage of raw or finished goods, materials and equipment that can adversely impact the value of adjacent property. 7) The City Planner may grant a waiver for screening to exceed the maximum height allowed, when topography or height of individual finished products or equipment could make it impossible to completely screen a storage area from every vantage point. The City Planner may not grant waiver in maximum screening height for raw materials or stacked goods. 8) All exterior entrances to a screened storage area shall be provided with a gate or door of similar design to that of the screen. 9) Long-term storage of products or materials in semi -trailers or shipping containers is prohibited. G. Exterior Trash Collection Area Requirements 1) Exterior trash collection areas shall include collection bins, dumpsters, and similar waste receptacles for the short-term storage and collection of trash. Trash shall include garbage, scrap, recyclables, debris and similar materials. 2) The storage of trash shall be limited to that produced by the principal permitted use and accessory uses of the lot. Exterior storage of trash, which could be blown into the air or strewn about by the wind, shall be prohibited. 3) The ground area coverage of exterior trash collection areas shall be the area contained inside the required screening. This area shall be considered a building -related feature for purposes of calculating total land area coverages. 4) Exterior trash collection areas shall be located in rear or side yards only. Exterior trash collection areas shall not encroach into a front yard. A front yard may exceed the required front yard setback. 5) All exterior trash collection areas and the materials contained therein shall be screened from view from the adjacent public right-of-way. 6) The screening shall be a 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. 7) 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. 8) If a 10 -foot high screen fails to shield the exterior trash collection area from view from the adjacent public right-of-way, 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 the adjacent public right-of-way within five (5) years. H. Landscaping Regulations The following Landscape Regulations shall apply to each lot: 1) Plant Materials: The open space area 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. 2) Landscaping: The following is the minimum requirement of trees and shrubs, by number and size, and the type of ground cover required. Street trees planted in public street right-of-way shall not be counted toward fulfillment of the minimum site requirements set forth below. Plant species to be used for landscaping shall be in accordance with the City of Dubuque street tree policy. Existing trees and shrubs to be retained on site may be counted toward fulfillment of the landscaping requirements. a) Minimum tree planting requirements for any new development in the Dubuque Industrial Center West shall be one (1) tree of the following size per 1,600 square feet of required open space : 40% minimum: 2-2 1/2" caliper diameter deciduous and/or 8 -foot height or greater evergreen. Balance: 1 1/2- 2" caliper diameter deciduous and/or 6 -foot height evergreen. b) Minimum shrub requirements at the time of planting for any development in the PUD District, shall be 6 shrubs, or 1 shrub per 1,000 square feet of required open space, whichever is greater. Shrubs shall be a minimum of 18" height or minimum of one (1) gallon potted. 3) Landscape berms and/or plantings shall be required as screening for parking areas adjacent to public streets and shall be a minimum of three (3) feet in height and can utilize natural grade changes to achieve the required 50% opacity landscaping screen. Parking lot screening is in addition to required landscaping of open space areas. 4) Trees shall be provided in all parking lot islands, which are of sufficient size to ensure the growth and survival of the trees. Trees planted in parking lot islands may be counted toward the minimum tree planting requirements. 5) The developer of any lot fronting Seippel Road and/or Chavanelle Road shall participate in the planting trees compatible in species and spacing with tree plantings, which have previously been completed by the City along said streets. 6) The installation of required planting materials may be phased in direct proportion to the phasing of building construction. Required landscaping shall be installed by the date the Building Services Department issues an occupancy certificate, or if winter weather prevents planting, within six months of being issued an occupancy certificate. 7) To reduce erosion, all disturbed open space areas shall have ground cover of grass or native vegetation, which is installed as sod, or seeded, fertilized and mulched. 8) 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. 9) A detailed landscape plan shall be required as part of submittal for final site development plan approval. 10) The area between the public street and the right-of-way line shall be planted with grass and maintained by the lot owner. 11) Industrial Center landscaping: Common areas and streetscapes of the PUD District shall be in accordance with the landscape plan, a copy of which is attached and made a part of this PUD ordinance. I. 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: exterior illumination of site features and location and design of site lighting shall be in accordance with the following requirements: 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 of site lighting shall be in accordance with the following requirements: ➢ All exterior lighting shall be designed, installed and maintained so as not to cause glare or to shine in 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 luminaries shall be designed and installed to shield light from the luminaire at angles above 72 degrees from vertical. ➢ Fixtures mounted on a building shall not be positioned higher than the roofline of the building. ➢ 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: Service lines and mechanical equipment for utilities shall be located in accordance with the following requirements. 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 ground -mounted electrical transformers, switching gear, relay boxes, meters, air conditioning units, heat pumps and other similar mechanical equipment shall be screened from view. Screening may consist of plantings or masonry walls. Plantings shall achieve 50% opacity after three (3) growing seasons and a masonry wall shall appear to be an integral part of the building's overall architectural design. 3) Site Plans: 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. 4) Storm Water 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 drainage ways outside the lot in a means that is satisfactory to the Public Works Department of the City of Dubuque. Other applicable regulations enforced by the City of Dubuque relative to storm water management and drainage shall apply to properties in the PUD District. 5) Platting: 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. 6) Noises: Noises generated within the PUD District shall be regulated by Chapter 33, Article IV Noises, of the City of Dubuque Code of Ordinances. 7) Street Lighting: Streetlights shall be installed in accordance with City of Dubuque standards. 8) Flood Plain Regulations: The area of the PUD District that lies within the flood plain of Catfish Creek shall be subject to the regulations of Section 3-5.3 of the Zoning Ordinance. 9) 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. 10) 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 PUD District. J. Open Space and Recreational Areas Those areas not 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. K. 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 the conditions authorizing the establishment of the district. L. 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. M. Recording. 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 ten (10) days after the adoption of this ordinance. This ordinance shall be binding upon the undersigned and his/her heirs, successors and assigns. Section 4. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 5. The foregoing amendment shall take effect upon publication, as provided by law. Passed, approved and adopted this 16th day of May, 2005 /s/Terrance M. Duggan, Mayor Attest: /s/Jeanne F. Schneider, CMC City Clerk ACCEPTANCE OF ORDINANCE NO. 34-05 We, Vincent and Luella McFadden, having read the terms and conditions of the foregoing Ordinance No. 34-05 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this 31 st day of May, 2005. By : Vincent McFadden By: Luella McFadden Published officially in the Telegraph Herald Newspaper the 26th day of August, 2005. /s/Jeanne F. Schneider, CMC City Clerk 1t 8/26