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