Ordinance 69-05OFFICIAL PUBLICATION
ORDINANCE NO. 69-05
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF
THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING
HEREINAFTER DESCRIBED PROPERTY LOCATED NORTHEAST CORNER
OF THE NORTHWEST ARTERIAL AND ASBURY ROAD FROM C-3 GENERAL
COMMERCIAL DISTRICT TO PUD PLANNED UNIT DEVELOPMENT DISTRICT
WITH A PC PLANNED COMMERCIAL DESIGNATION AND ADOPTING A
CONCEPTUAL DEVELOPMENT PLAN WITH CONDITIONS FOR SAM'S CLUB.
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 C-3 General Commercial District to PUD Planned Unit Development with
PC Planned Commercial District, and adopting a conceptual development plan, a copy
of which is attached to and made a part hereof, with conditions, for Sam's Club, for
hereinafter described property 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 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
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 in the above-described PUD
District:
1. Principal permitted uses shall be limited to:
a. Retail sales/service [17]
b. Supermarket [17]
c. Indoor restaurant [20]
d. Drive-in/carry-out restaurant [28[
e. Gas station [18]
f. General offices [14]
g. Automated gas station [18]
h. Self-service carwash [8]
i. Full-service carwash [8]
[ ] Parking group — See section 4-2 of the Zoning Ordinance.
2. Conditional uses: None.
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, vehicle -related features and open space
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.
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.
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.
7. Internal private roadways shall have pavement markings, signage and
posted speed limits consistent with City street requirements, subject to
review and approval by the City Engineering Department.
E. Landscaping Requirements
1. Plant Materials: The open space areas of the retail center 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 the property:
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. 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. Landscape islands shall be provided at the end of parking
rows with intermediate islands provided for parking rows
exceeding 20 spaces.
3. An evergreen screen shall be planted along the east
property line adjacent to the Resurrection Church property.
In addition, a fence shall be installed along this same
property line similar to the existing fence along the east side
of the Resurrection Church property.
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 .
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. Signage in the PUD District shall be limited to the following:
a. Sam's Club Wall -mounted Signs:
➢ Maximum size: No sign shall exceed 160 square feet,
maximum of 600 square feet of wall -mounted signage.
➢ Maximum number: unlimited
➢ Maximum height: below eave or parapet
b. Sam's Club Freestanding Signs:
➢ Maximum size: 150 square feet
➢ Minimum number: one (1) freestanding sign
➢ Maximum height: 35 feet
c. Gas Station: Wall -mounted signs:
➢ Maximum size: No sign shall exceed 45 square feet,
maximum of 180 square feet of wall -mounted signage.
➢ Maximum number: Four (4) canopy mounted signs.
d. Directional Signs:
➢ Maximum size: 6 square feet
➢ Maximum number: unlimited
➢ Maximum height: 10 feet
2. 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.
3. 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.
4. 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.
5. The provisions of Section 4-3 (Sign Regulations) of the Zoning
Ordinance shall apply unless further regulated by this section.
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
shall include the following additional standards:
1. Off-site Public Improvements to City and State Right -of -Way: Wal-Mart
Stores, Inc. shall be responsible for the design, engineering, inspection
and construction and all of the costs (except as otherwise stated
herein) associated with the following off-site improvements:
a. That roadway improvements to Asbury Road and the Northwest
Arterial intersections, including platting and dedication of
adequate right-of-way and relocation of affected existing utilities
as shown on attached conceptual plan. The following
improvements are included:
• Asbury Road shall be configured to have two westbound thru-
lanes, a new right turn only lane serving the new commercial
development, and a new right turn only lane at the intersection
of the Northwest Arterial and Asbury Road, including any
intersection and signal modifications at that intersection.
• Asbury Road shall be configured with an additional eastbound
thru-lane from the Northwest Arterial/Asbury Road intersection
to the new access serving the Sam's Club property. The City
shall construct the additional eastbound thru-lane according to
prevailing City standards and specifications for such
improvements, utilizing funds placed on deposit by Wal-Mart
Stores, Inc. for that purpose under the terms of an escrow
agreement to be entered into between Wal-Mart Stores, Inc.,
the City and a corporate trustee (selected by Wal-Mart Stores,
Inc. and reasonably acceptable to the City) prior to the date of
closing on the acquisition of the Sam's Club property. The
escrow account shall be used to reimburse the City for all costs
associated with the eastbound thru-lane, including but not
limited to the costs for land acquisition, design, engineering,
construction and inspection; provided, however, that Wal-Mart
Stores, Inc. shall not be obligated to deposit more than
$250,000 in the escrow account, and the City shall not be
obligated to use any other City funds for the purpose of
constructing the eastbound thru-lane in the event that the
amount on deposit in the escrow account shall be insufficient
for the purpose. The escrow agreement shall provide in
substance that the account shall be accessible by the City
upon notice to but without the consent of Wal-Mart Stores, Inc.,
and the escrow agreement shall otherwise be in a form
acceptable to the City in all respects. Notwithstanding the
foregoing, completion of the additional eastbound thru-lane by
the City shall not be a condition to issuance of any permits in
connection with the development of the Sam's Club property.
Further, the Wal-Mart Contribution shall represent the
maximum liability of Wal-Mart to fund or participate in the cost
of such improvements, including, but not limited to, any costs
associated with easements or rights of way from third parties
necessary to complete such improvements.
• Signal and intersection design, construction and installation for
the proposed new access to Asbury Road, including
interconnection of the new signal to the existing interconnect
system at Northwest Arterial/Asbury Road and providing
emergency pre-emption equipment and battery back -system
similar to existing signals in the area.
• Signal and intersection design and modification for the
proposed access to the Northwest Arterial and Plaza Drive
including any modifications to signal interconnect between the
Northwest Arterial/Plaza Drive intersection and the Northwest
Arterial/Asbury Road intersection and providing emergency
pre-emption equipment and battery back -system similar to
existing signals in the area.
• Intersection design and construction for the proposed right-
in/right out intersection with the Northwest Arterial located
1,000 feet north of the Northwest Arterial/Asbury Road
intersection.
b. Installation of sidewalks along the north side of Asbury Road right-
of-way removed or damaged during construction.
c. All off-site public improvements are subject to applicable City of
Dubuque and Iowa Department of Transportation ("IDOT") review
procedures, standards, regulations and construction practices.
d. Wal-Mart shall, without charge to the City, upon completion of any
public improvements contemplated herein, unconditionally give,
grant, convey and fully dedicate such improvements to the City,
its successors and assigns free and clear of all encumbrances.
Such public improvements shall be inspected and approved by
the City prior to acceptance in accordance with City Standards.
Wal-Mart shall be responsible for any applicable inspection fees,
provided that such fee shall not exceed 5% of the cost of such
public improvements with no further City requirements for
inspection of such improvements except as stated herein. All
such improvements and perpetual maintenance thereof will be
accepted by the City according to the City's standard
specifications.
2. Off-site improvements to surrounding private property: Wal-Mart
Stores, Inc. shall be responsible for the design, engineering, inspection
and construction and all of the costs associated with the following:
a. Improvements to property owned by the Church of the
Resurrection:
• Upgrade the existing six-inch sanitary sewer line to eight -inch
along the same approximate alignment through the church
property.
• Provide private roadway access as shown on attached
conceptual plan on south side of Sam's Club Planned Unit
Development District to provide Resurrection Church
members access to new intersection on Asbury Road and
closing the existing westernmost access to the church
property.
• Provide an access to the new private roadway serving the
north side of the Sam's Club Planned Unit Development
District to provide Resurrection Church members access to
the Northwest Arterial and Plaza Drive.
b. Improvements to property owned by QHQ Properties:
• Provide access to the new private roadway to owner(s) of out
lots #1 and #2. The grade of the access drive shall not
exceed five percent unless an alternate design is approved by
the property owner. The design of the access shall be
reviewed and approved, in writing, by the property owner(s) of
said out lots prior to final approval of the Sam's Club site plan
by the City of Dubuque.
• Provide access via a new private roadway to property owned
by QHQ Properties on the north side of Sam's Club Planned
Unit Development District in a manner acceptable to the
property owner(s) of said property. The design of the access
shall be reviewed and approved, in writing, by the property
owner(s) of said property prior to final approval of the Sam's
Club site plan by the City of Dubuque.
• That sanitary sewer service or a sanitary sewer easement
shall be extended through the Sam's Club Planned Unit
Development District to serve QHQ's property to the north
and south in a manner acceptable to QHQ Properties and the
City of Dubuque.
• That grading of out lots #1 and #2 shall occur concurrently
with the grading of the Sam's Club property to facilitate
access and utility service.
c. Improvements to property owned by Chuck Nauman:
• Provide access to the new private roadway from property
owned by Chuck Nauman. The grade of the access drive
shall not exceed five percent unless an alternate design is
approved by the property owner. The design of the access
shall be reviewed and approved, in writing, by the owner of
said property prior to final approval of the Sam's Club site
plan by the City of Dubuque.
• That sanitary sewer service or a sanitary sewer easement
shall be extended through the Sam's Club Planned Unit
Development District to serve Chuck Nauman's property in a
manner acceptable to the property owner and the City of
Dubuque.
• That grading of Chuck Nauman's property shall occur
concurrently with the grading of the Sam's Club Planned Unit
Development property to facilitate access and utility services.
In the event that development of the Nauman property is
delayed, Wal-Mart Stores, Inc. may proceed with site grading
independent of the grading of Chuck Nauman's property.
3. 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 fixtures shall be designed and installed to
shield lighting at angles above 72 degrees from vertical.
2. A lighting plan shall be included as part of the site plan
submittal that indicates types of lights used and ground light
pattern for lighting of building and parking -related features.
3. Fixtures mounted on a building shall be positioned no higher
than the roofline of the building.
4. Wooden utility -type poles are acceptable only for temporary
use during construction.
5. All electrical service lines to posts and fixtures shall be
underground or concealed inside the posts.
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
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.
5. Other Codes and Regulations
a. Service Lines: All electrical telephone, cable or other similar utility
lines serving the building and other site features shall be located
underground.
b. 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.
c. Outdoor sales are regulated through the temporary use permit
process.
d. The use of semi -trailers and shipping containers for storage is
prohibited.
e. 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. Occupancy
No certificate of occupancy ("CO") shall be issued by the City of Dubuque for
the property until full compliance with this Ordinance has been achieved
provided, however, that the City may issue a temporary CO which shall allow
for the operation of structures located thereon, in preparation of opening a
retail facility, including, but not limited to the installation of fixtures and
stocking and staffing of the facility, and the City may, in its sole discretion,
amend such temporary CO as it determines necessary for the operation of a
retail facility pending completion of landscaping or such other outstanding
requirements for the final CO as deemed reasonable by the City of Dubuque.
K. 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 60 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 19th day of December, 2005.
/s/Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, CMC
City Clerk
ACCEPTANCE OF ORDINANCE NO. 69-05
I, Michael E. Gardner, Assistant Vice President representing Wal-Mart
Stores, Inc., purchaser, having read the terms and conditions of the foregoing
Ordinance No. 69-05 and being familiar with the conditions thereof, hereby accept this
same and agree to the conditions required therein.
Dated in Dubuque, Iowa this 19th day of December, 2005.
/s/Michael E. Gardner
Assistant Vice President
ACCEPTANCE OF ORDINANCE NO. 69-05
I, Tim Quagliano, representing QHQ Properties, property owner, having
read the terms and conditions of the foregoing Ordinance No. 69-05 and being familiar
with the conditions thereof, hereby accept this same and agree to the conditions
required therein.
Dated in Dubuque, Iowa this 19th day of December, 2005
/s/Tim Quagliano
QHQ Properties
Published officially in the Telegraph Herald Newspaper the 27th day of December,
2005.
/s/Jeanne F. Schneider, CMC
City Clerk
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