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Ordinance 34-06OFFICIAL PUBLICATION ORDINANCE NO. 34-06 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY ADOPTING A REVISED PLANNED UNIT DEVELOPMENT ORDINANCE FOR THE DUBUQUE INDUSTRIAL CENTER PHASES I AND II LOCATED AT THE SOUTHWEST CORNER OF HIGHWAY 32 (NORTHWEST ARTERIAL) AND CHAVENELLE ROAD AND BY REPEALING ORDINANCE 69-98, ORDINANCE 5-99, ORDINANCE 40-00 AND ORDINANCE 18-02. 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 adopting a revised Planned Unit Development Ordinance, with conditions, for the Dubuque Industrial Center, as shown in Attachment 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 (2005) and as an express condition of the reclassification, the undersigned property owner agrees to the following conditions, all of which the property owners further agree are reasonable and imposed to satisfy the public needs that are caused directly by the zoning reclassification: A) Purpose and Scope This document sets forth the conditions and restrictions applicable to the specific PI Planned Industrial District known as "Dubuque Industrial Center." All development and use of property in this specific district shall comply with these conditions as well as with the PI Planned Industrial District provisions of the Zoning Ordinance and other applicable regulations of the City of Dubuque. This document is not intended to abrogate, annul or otherwise interfere with any easement, covenant or an other private agreement or legal relationship; provided, however, that where the conditions and restrictions of this document are more restrictive or impose higher standards or requirements than such easement covenant or other private agreement or legal relationship, the requirements of this document shall govern. B) Definitions 1) Building -related Features Building -related features are defined as all construction items which rise above the grade surface of the lot. These include: Ordinance No. — 06 Page 2 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 space and driveways to and from loading spaces. e) Parking spaces for company-owned commercial vehicles. 3) Open Space Features Open space features are defined as those exterior areas and developed features of the lot which 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. e) Other non -building and non -vehicular related space. C) Use Regulations Uses within this particular PI Planned Industrial District shall be permitted as follows: 1) Land Use Plan Land uses shall be located only in compliance with Attachment A Dubuque Industrial Center Land Use Plan Phase I and II. 2) Permitted Uses a) Development parcels within Phase I of the Dubuque Industrial Center may be used for any principal permitted, Ordinance No. — 06 Page 3 accessory and conditional use allowed in the HI Heavy Industrial District. b) Development parcels within Phase II of the Dubuque Industrial Center may be used for the following permitted and accessory uses: 1) Railroads and public or quasi -public utilities, including substations — [47] 2) General office — [14]. 3) Medical/dental lab — [8]. 4) Personal services — [14]. 5) Off-street parking lot — [NA]. 6) Parking structure — [NA]. 7) Bakery (wholesale/commercial) — [19]/ 8) Drive -up automated bank teller — [18]. 9) Furniture/upholstery repair — [18]. 10) Banks, savings and loans, credit unions — [31]. 11) Vending/game machine sales and service — [19]. 12) Mail order houses — [23]. 13) Construction supply sales and service — [19]. 14) Printing and publishing — [32]. 15) Moving/storage facilities — [33]. 16) Wholesale sales/distributor — [29]. 17) Freight transfer facilities — [44]. 18) Agricultural supplies — [19]. 19) Cold storage/locker plants — [15]. 20) Packing and processing of meat, dairy or food products, but not to include slaughter houses or stockyards — [33]. 21) Compounding, processing, and packaging or chemical products, but not including highly flammable or explosive materials — [33]. 22) Manufacture, assembly, repair or storage of electrical and electronic products, components or equipment — [33]. 23) Laboratories for research or engineering — [33]. 24) Warehousing and storage facilities — [33]. 25) Manufacture or assembly of musical instruments; toys, watches or clocks; medical, dental, optical, or similar scientific instruments; orthopedic or medical appliances; signs or billboards — [33]. 26) Manufacturing, compounding, assembly or treatment of articles or products from the following substances; clothing or textiles, rubber, precious or semi -previous stones or metal, wood, plastic, paper, leather, fiber, Ordinance No. — 06 Page 4 glass, hair, wax, sheet metal, feathers, fur, and cork — [33]. 27) Manufacture, storage or processing of the following products or materials: glue, petroleum products or any flammable liquid, asphalt or concrete products, explosive materials of any type, structural steel and foundry products, fertilizer, pharmaceutical products, including cosmetics, toiletries and soaps, and stone products, including brick, building stone and similar masonry materials — [33]. [] Parking groups (See section 4-2 of the Zoning Ordinance). Accessory Uses The following uses shall be permitted as accessory uses: 1) Any use customarily incidental and subordinate to the principal use it serves. D) Lot and Bulk Standards 1) Maximum Height Maximum height of building -related features shall not exceed fifty (50) feet, except that structural appurtenances, such as towers, chimneys, and mechanical equipment may be allowed to exceed this limit. 2) Land Area Coverage a) Land area coverage by building -related features and vehicle - related features shall not exceed the maximum limits established in this section. Land area for open space -related features shall not be less than the minimum limits established in this section. b) Maximum lot coverage shall be eighty (80) percent. All building and vehicle -related features shall be considered when calculating total land area coverage, except fire lanes and railroad tracks. The City Engineer shall review all building and paving expansions for compliance with storm water control regulations and policies. 3) Lot Development Zones Development on each lot is regulated by standards for each of four lot development zones shown on Attachment B. The position of each lot line related to adjacent lots, streets, public open space and existing topography establishes the type of zone which has been designated for each lot line. The degree to which building -related, vehicle -related, and open space -related features may be developed in each zone is Ordinance No. — 06 Page 5 established in accordance with the section diagrams included as Attachment C, parts 1 through 5. Abbreviations used on the diagrams include: BR: Building -related features VR: Vehicle -related features OS: Open space -related features Basic Zone Descriptions: "A" Zone: Area between street right-of-way line and "B" zone. Principally contains open space and a limited amount of vehicle -related features. No building -related features are allowed in this zone. "A" zones associated with major and minor streets are different. "B" Zone: Major area inside the "A", "C", and "D" zones. Principally contains building and vehicle -related features with a lesser amount of open space. "C" Zone: Area between the public open space (back or side) lot lines and the "B" zone. Principally contains open space and a limited amount of vehicle -related features. "D" Zone: Area associated with a lot line separating two lots. Principally contains open space and a limited amount of vehicle -related features. E) District Standards Each use shall be planned, designed, constructed, operated and maintained in such a manner as to comply with the district standards of the PI Planned Industrial District and the following: 1) Required Open Space Development a) Plant Materials. The open space area of each lot shall be planted with permanent lawn and ground covers, shrubs and trees. These plantings shall be designed to perform the functions and purposes set forth in Guidelines for the Selection of Plant Materials (Attachment D). The installation of required planting materials may be phased in direct proportion to the phasing of building construction. All exposed soil areas remaining after the construction of the building and vehicle -related features shall be planted with a permanent ground cover to prevent erosion. Ordinance No. — 06 Page 6 The area between the paved public street and the right-of-way line shall be planted and maintained by the lot owner. b) Pedestrian Areas: Permanent hard -surfaced walkways shall be installed and maintained for the purposes of pedestrian movement between all parking areas and functioning entrances and exits of the buildings. 2) Control of Vehicle -related Features a) Parking spaces required: Each developed lot shall provide a minimum number of off-street parking spaces for employees and visitors. The number of spaces required shall be in accordance with Section 4-2 of the Zoning Ordinance. When computation of required off-street parking spaces results in a fractional number, the required spaces shall be the next higher whole number. All off-street parking spaces shall be located on the same lot as the building for which such spaces are required or on an adjacent lot in a location which is not farther than 300 (three hundred) feet from the building served. Parking spaces provided for overnight storage of company-owned commercial vehicles shall be in addition to the minimum required number of spaces. b) Loading spaces required. A minimum number of required off- street loading spaces shall be provided on each developed lot as established by applicable provisions of the City of Dubuque Zoning Ordinance enforced at the time of development of the lot. c) Phased construction of buildings, parking spaces and loading spaces. The construction of off-street parking spaces and loading 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 or loading spaces shall not reduce the minimum required area for open space. d) Location of vehicle -related features on the lot. The ground location of all vehicle -related features is controlled by the provisions of Section D(3) Lot Development Zones. e) Design. All vehicle -related features shall be surface with a hard, all-weather, durable, dust -free surfacing material. Proper drainage of storm water shall be provided. All parking and loading Ordinance No. — 06 Page 7 spaces shall be delineated on the surfacing material by painted stripes or other permanent means. Widths and lengths of parking and loading spaces shall be governed by applicable provisions of City of Dubuque Ordinances enforced at the time of development of the lot. The number, size, design and location of parking spaces designated for handicapped drivers shall be according to local, state or federal requirements in effect at the time of development. The location or driveway intersections with public streets shall be established by the City of Dubuque. Reverse movement maneuvering of deliver vehicles between the lot and minor cul-de-sac streets is allowable. No on -street maneuvering or delivery vehicles will be allowed on any type of through street. Lots adjoining through streets shall provide all necessary maneuvering space for delivery vehicles within the confines of the lots. f) Loading doors and docks. All loading (shipping and receiving of raw and manufactured goods) doors and docks shall be designed to provide for the direct movement of goods between the delivery vehicle and the interior of the building. No visually exposed platform docks shall be allowed, except within fully screened storage areas. Exterior loading and unloading of vehicles is allowed within screened exterior storage areas. 3) Utility Location a) Service lines. All electrical, telephone, television cable and other similar utility lines serving the building and other site features shall be located underground. b) Mechanical equipment. All electrical transformers, switching gear, relay boxes, meters, air conditioning units, heat pumps, and other similar mechanical equipment shall be located in positions which are shielded from view from pubic streets in the Dubuque Industrial Center. Constructed fencing or walls and plant materials may be used to visually screen such mechanical equipment. 4) Site Signage a) Applicability of City of Dubuque Ordinances. The provisions of the City of Dubuque Zoning Ordinance and Sign Ordinance apply Ordinance No. — 06 Page 8 to the construction and maintenance of signs, unless further regulated by this section. b) Off -premise signs. No off -premise signs shall be erected or constructed in the Dubuque Industrial Center or on any of the private lots or buildings within the Dubuque Industrial Center. c) On -premise signs. 1) Allowable content. Signs, messages and graphics shall be limited to the following contents: Primary Sign ➢ Identification of company name ➢ Identification of company products or services ➢ Street address ➢ Graphic symbol or logo identified with the company Secondary Sign ➢ Directional messages necessary for the safe and efficient flow or vehicular and pedestrian traffic on the lot ➢ Identification of visitor entrances to the building, shipping and receiving docks, and other deliver points ➢ Identification of assigned parking spaces and handicapped accessibility ➢ Temporary announcements of pending or new construction ➢ Commemorative messages 2). Maximum number of signs. The number of primary signs shall not exceed five (5) for each premises or lot. No maximum number of secondary signs is established. 3) Maximum area of sign panel. If a primary sign is building - mounted its total area shall not exceed 15% of the area of the building wall upon which it is mounted. If the primary sign is freestanding, its maximum area shall not exceed the following: Lot area (acres) Maximum primary sign area (square feet) 0 to 5 30 square feet Ordinance No. — 06 Page 9 5.01 to 10 50 square feet 10.01 to 20 70 square feet 20.01 + 90 square feet The area of double-faced freestanding signs shall be computed as the area of a single face only. No maximum cumulative area is established for secondary signs; however, no single permanent secondary signs hall exceed six feet in area. 4) Allowable structural types. Primary and secondary signs may be mounted on exterior walls of buildings or may be freestanding. No signs shall be mounted on roofs or above any eave or parapet of a building. All building -mounted signs shall be flush mounted on the wall and no projections beyond one (1) foot shall be allowed. The determination of area of signs composed of separate elements shall be the area of a rectangle that completely encloses all such elements and/or corporate identification devices. 5) Sign locations on lots. Building -mounted primary signs may be located on any facade of a building in the industrial park. Freestanding primary signs may be located anywhere on the building lot. Secondary signs may be located anywhere on the lot and on any building facade. No signs may project in space over a street or right-of-way line, any visibility triangle area, or onto another lot. 6) Height regulations. Primary signs and their supporting structure(s) shall not extend upward to an elevation higher than the roof line of the building which is served by the sign. 7) Lighting. Primary 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. Secondary signs shall not be illuminated. 8) 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. Ordinance No. — 06 Page 10 5) Storm Water Management a) Existing Watersheds. The area of watersheds after development shall remain the same as pre -development watersheds, or as directed by the Public Works Department of the City of Dubuque. b) 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 drainageways outside the lot in a means that is satisfactory to the Public Works Department of the City of Dubuque. 6) Site Lighting a) Types. Exterior illumination of the site shall be limited to the illumination of: 1) Parking areas, driveways, and loading docks. 2) Pedestrian walkway surfaces and entrances to building. 3) Screened storage areas. 4) Building exterior. b) Location and design. All exterior lighting shall be designed, installed and maintained so as not to cause direct glare or to shine into 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 luminaires 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 roof line of the building. Post -mounted freestanding fixtures shall not be higher than thirty (30) feet above the ground. 7) Operations within enclosed buildings All operations and activities shall be conducted or maintained within completely enclosed buildings except: a) Off-street parking and loading spaces. b) Employee recreational facilities. c) Outdoor or exterior storage. 8) Exterior Storage and Trash Collection Areas a) Allowable types of storage. Exterior storage is permitted only for raw and processed goods, equipment and other materials related Ordinance No. — 06 Page 11 to the principal activity of the lot. The storage of trash and debris shall be limited to that produced by the principal permitted use of the lot. No outdoor storage of materials or trash which could be blown into the air or strewn about by the wind shall be permitted. b) Location and area coverage of exterior storage and trash collection. The location of exterior storage and trash collection areas is controlled by provisions of Section 4.3 Lot Development Zones. The ground area coverage of exterior storage and trash collection areas shall be the area contained inside the required screening and this area shall be considered to be a building - related feature for purposes of calculating total land area coverages. c) Screening of exterior storage and trash collection areas. All exterior storage and trash collection areas and the materials contained therein shall be visually screened from view. The screening shall be a completely opaque fence, wall or other feature not exceeding a height of ten (10) feet measured from the ground level outside the line of the screen. Screen structures built on sloping grades shall be stepped, so that their top line shall be horizontal. Exposed materials used to construct the opaque screen shall be similar in appearance to materials used for exterior building walls. Colors of the screen shall match those of the building. All exterior entrances to a screened storage or trash area shall be provided with a gate or door of similar design to that of the screen. Gates or doors facing a street frontage or the Northwest Arterial shall be closed at all times other than when a vehicle or personnel are using the entrance for access to and from the screened area. If a ten (10) foot high screen fails to shield the exterior storage or trash collection area from view from points inside or outside of the property, evergreen plantings may be required. Evergreen plant materials shall be selected and designed so that they will eventually screen the area from all off-site visibility. In such cases, if initial plantings are of six (6) foot height or greater, the requirements of other opaque screening shall be omitted. F) 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. G) Modifications Ordinance No. — 06 Page 12 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. H) 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 3. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 4. Section 2 of Ordinance No. 49-80, Ordinance No. 39-82, Section 2 of Ordinance No. 6-89 and Ordinance No. 88-90 are hereby repealed. Section 5. This Ordinance shall take effect upon publication as provided by law. Passed, approved and adopted this 15th day of May, 2006. /s/Roy D. Buol, Mayor: Attest: Karen M. Chesterman Deputy City Clerk ACCEPTANCE OF ORDINANCE NO. 34-06 I, William H. Callahan, representing Dubuque Initiatives, property owner, having read the terms and conditions of the foregoing Ordinance No. 34-06 and being familiar with the conditions thereof, hereby accept the same and agree to the conditions required therein. Dated 17th day of May, 2006. /s/William H. Callahan Dubuque Initiatives Published officially in the Telegraph Herald Newspaper the 26th day of June, 2006. /s/Jeanne F. Schneider, CMC City Clerk 1t 6/26 By: