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Request to Amend PUD at 3500 Dodge_Warren Plaza_Chick-Fil-A_Hearing Copyrighted May 15, 2017 City of Dubuque Public Hearings # 4. ITEM TITLE: Request to Amend Planned Unit Development(PUD)at 3500 Dodge Street SUMMARY: Proof of publication on notice of public hearing to consider approval of a request from Chick-Fil-A/Anchor Sign, 3500 Dodge Street, to amend the Warren Plaza Planned Unit Development(PUD) to permit a second free-standing sign and the Zoning Advisory Commission recommending approval. ORDINANCE Amending Title 16, the Unified Development Code of the City of Dubuque Code of Ordinances by rescinding Ordinances 05-79, 43-91 , 26-92, and 94-92 which provide regulations for a PUD Planned Unit Development District with a Planned Commercial Designation for Warren Plaza located at 3500 Dodge Street and now being amended to allow for a revision to the Sign Requirements within the PUD SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion A ATTACHMENTS: Description Type ZAC Letter Staff Memo Applicant Materials Supporting Documentation Staff Materials Supporting Documentation Ordinance Ordinance Proof of Publication Supporting Documentation Suggested Motion Wording Supporting Documentation Planning Services Department D``, ubuque 6 City Hall � THE CITY OF 50 West 13th Street �� Dubuque,IA 52001-4864 1 I I I I. QTE (563)589-4210 phone (563)589-4221 fax Masterpiece on the Mississippi (563)690-6678 TDD planning,§dtyofdubugue.or¢ May 4, 2017 The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 13th Street DubuquelA 52001 Applicant: Chick-Fil-A / Anchor Sign Location: 3500 Dodge Street Description: To amend the Warren Plaza PC Planned Commercial District to permit a second freestanding sign Dear Mayor and City Council Members: The City of Dubuque Zoning Advisory Commission has reviewed the above-cited request. The application, staff report and related materials are attached for your review. Discussion The sign contractor and the applicant spoke in favor of the request, reviewing the location of the business and existing and proposed shopping center signage. The applicant reviewed the reasons for the requested amendment. The sign contractor noted the business has been denied access to the primary shopping center sign at the corner of U.S. Highway 20 and Wacker Drive. Staff reviewed the staff report, noting existing signage regulations for Warren Plaza, surrounding zoning and land use, and existing conditions affecting the property. There were no public comments. The Zoning Advisory Commission discussed the request, reviewing the former use of the property by Perkins Restaurant and their signage. The applicant clarified that Target controls signage at Warren Plaza. Recommendation By a vote of 6 to 0, the Zoning Advisory Commission recommends that the City Council approve the request. A simple majority vote is needed for the City Council to approve the request. Service People Integrity Responsibility Innovation Teamwork The Honorable Mayor and City Council Members Page 2 Respectfully submitted, p Thomas Henschel, Chairperson Zoning Advisory Commission Attachments cc: Todd Carr, Building Services Manager Service People Integrity Responsibility Innovation Teamwork nis crry of City of Dubuque DT 7a E Planning Services Department lJ 1J Dubuque,IA 52001-4805 MPhone: 563-589-4210asterpiece on the Mississippi Fax: 563-589-4221 plannino(d)citvofdubugue ora PLANNING APPLICATION FORM ❑Variance ❑Preliminary Plat ❑Simple Subdivision ❑Certificate of Appropriateness ❑Conditional Use Permit ❑Major Final Plat ❑Text Amendment ❑Advisory Design Review(Public Projects) ❑Appeal ❑Minor Final Plat ❑Temporary Use Permit ❑Certificate of Economic Non-Viabilitv ❑Special Exception ❑Simple Site Plan ❑Annexation ❑Historic Designation ChwwOne ❑Limited Setback Waiver ❑Minor Site Plan ❑Historic Revolving Loan ❑Demolition XRezoning/PUD/ID ❑Major Site Plan ❑Historic Housing Grant ❑Port of Dubuque Design Review Please type or Print legibly in ink Propertyowner(s): Brixmor SPE 3 LLC Phone: 847-272-9800 Address:40 Skokie Boulevard, Suite 600 City: Northbrook State: IL Zip: 60062 Fax#: 847-480-1893 Cell #: 847-562-4110 E-mail: thomas.litzler@brixmor.eom Applicant/Agent: Chick-FII-A / Anchor Sign Phone: 843-576-3275 Address: 5200 Buffington Road City:Atlanta state: GA Zip: 30349 Fax #: 843-576-7275 Cell #:843-614-2354 E-mail: jmuckelvaney@anchorsign.com Site location/address: 3500 Dodge Street Neighborhood Association: N/A Existing zoning: PUD-PC Proposed zoning: N/A District: N/A Landmark: ❑ Yes X No Legal Description (Sidwell parcel ID#or lot number/block number/subdivision): l D:1028427006 (5-28-11-2) Total property (lot)area (square feet or acres): 13.33 acres (580,481 ft 2) Describe proposal and reason necessary (attach a letter of explanation, if needed):Chick-Fil-A has received approval from Target to allow for a second freestanding sign on the development. Seeking approval for a 13 square foot monument (6' overall height). Approval letter attached with application. TO ,AM IJ p :7[prji CERTIFICATION: I/we,the undersigned,do hereby certify/a nowle�dJge��t{hat, 1. It is the property owner's responsibility to locate grope linesand toreview the abstract or e1semehts 1911d re�ctivee covenants. —rp ye-tLMl-rQ SEG6 N�7 S(�Nt7/IL1 (v .SI evoJ, 2. The information submitted herein is true and correct to the best of my/our knowledge and upon submittal becomes public record; 3. Fees are not refundable and payment does not guarantee approval; and 4. All additional required n and 'graphic materials are attached. Property Owner(s): Date: February 28, 2017 Thoma W. ler,as E ident—Midwest rixmor SPE 3 LLC Applicant/Agent: Date: FOR OFFICE US ONLY—APPLLICATIION SUBMITTAL CHECKLIST 2 Fee �._� eived by: ` � Date 3 -2--Lcket: Dubuque FSU ------------------------- ---------- 1 i 3AIN0 N3NER �VM --- - Monument Sign � ��- ti• �'- '-_`___ .____.a_____.-_ 1 1 p e t 5 I r r 1 r y _ Nk n I ___ 1 i k • I t ,L' % f ' r I' . 1111 is b r 1 "� "� �gl a • x r r • - ja ��6 I b 13. � • , �� • S1r,IS.Ni�Cva 3lltiffll JltlVS 1.1 �� 9�•4 it 01/18281] Od ineI Ren derin s JH mn�..a• 1p 1pmr<M prarclm ,�, Client: Chick-Fit-A JL sem,mc. • 04/031281] U sled Monumnet Notas nntiv rm.1m.Na me pony wnm �, 1 Site#: CF-3572 Address: 3500 Dodge Street p.xm.e reare.1 m..aIXp L Ir,•, am�u.1.a. oroaopoa mmrea Dubuque,IA 52003 mw..p.pr.n vpa.cepa pmmw• wvppm rexm�m�im.:r.le.wm. Dubuque FSU December 19,2016 EXHIBIT B Location of CFA Monument Sign lot II .— I I IS TIT 19-F-1— [It F-R t ' - M i [I s. q.1I ,I I W Er( Q • T+i s I 1 �1 .��+ r I- FLL-EMS Il E[T .T NnT I II e• � i 13 ttt TIT [ I I•=TE 4of4 Chick4l-A II Monument Sign 48" tA) FRO{• Inlemally Illuminated w/fluorescent bulbs II 13.44 V 4 TM.Pm utl is Lmbtl by ONUMMERs Us MTORIE9.Inc. UL m aeun pro Ne W.: R (8)F48T8CWHO (2)EESB 832-16L T8 Q 2.8 amps I . TOTALAMPS=5.6 ! This sign is to be installed in accordance with the requirements of Article 600 of the National Brick base to be Electrical Code. installed by sign vendor 1)Grounded and bonded per NEC 600.7/NEC 250 2)Existing branch circuit in compliance with NEC 600.5,not to exceed 20 amps 3)Sign is to be UL listed per NEC 600.3 Primary electrical 4)UL disconnect switch per NEC 600.6-required per sign component before leaving manufacturer' "For multiple signs,a disconnect is permitted but not required for each section EMMonument Sign (Logo) NO- MRB Scale: 3/4"=V-0" December 19,2016 EXHIBIT A CFA Monument Sign 48" (A) 44" (v} 0 ca 4 N — closedsunday r N Monument Sign (Logo) NO= MRB Scale: 318" = 1'-0" 3 of4 0 TARGET Casey L.Pettersen Lead Negotiator Real Estate Direct Dial.(612)761-1657 Email casey.pcuersen:n!targetxom December 19,2016 VIA E-MAIL(Tyson.Fraser@brixmor.com)and US Mail Brixmor SPE 3 LLC c/o Brixmor Property Group 40 Skokie Boulevard,Suite 600 Northbrook, IL 60062 Attn: Legal Department Re: T-0086 Dubuque,IA Reciprocal Easement, Use and Development Agreement dated April 6, 1979, by and between Target Corporation ("Target') and Brixmor SPE 3, LLC ("Developer"), recorded April 26, 1979 as Instrument No. 3219-79 in the records of Dubuque County,Iowa,as amended(the"REA"). Waiver of Freestanding Monument Sign for Chick-Fil-A,Inc. ("CFA") Brixmor Property Group: CFA desires to install a monument sign as depicted on Exhibit A attached hereto in the location shown on Exhibit B(the"the CFA Monument Sign"). The CFA Monument Sign is prohibited by Section 5.3(B) of the REA. Developer has requested that Target, as an Approving Party to the REA, waive its right to enforce the prohibition set forth in Section 5.3(B) of the REA with respect to the CFA Monument Sign. All defined terms used herein that are not defined herein shall have the meaning set forth in the REA. Target hereby agrees to waive the enforcement of Section 5.3(B) of the REA with respect to the CFA Monument Sign,subject to all of the following conditions: A. This waiver is strictly limited to the location shown on Exhibit B. B. This waiver shall not be construed as a waiver by Target with respect to any other provision (including any other prohibited use)within the REA. C. This waiver is not intended to, and shall not be construed to, amend or modify in any way whatsoever the provisions of the REA. D. This waiver shall not, except as specifically provided above, be deemed to release or discharge any Person or Party from liability for any of the obligations to be performed by such Person or Parry under the REA. December 19,2016 E. CFA acknowledges and agrees that this waiver does not grant CFA the right to benefit from or enforce any provision of the REA. F. CFA understands that it is solely responsible for obtaining waiver(s) from any and all required third parties, including without limitation, Developer. G. This waiver shall not be effective unless and until Developer has obtained from CFA, and delivered to Target written acknowledgement by them that they have received and read a copy of this letter and understands that their right with respect to the CFA Monument Sign are subject to the conditions set forth herein. If you have any questions,please feel free to contact me. Sincerely, i Casey L. Petrsen Lead Negotiator RE ACKNOWLE E AND AGREED Chick-Fil-A, Inc. By: Name: V1fJ �S( Title: �ytC�Dr Date: 2-01`�1 2ofa _.e�ar�ewar�s•+.r•�..•-�-•r--••:,j: -.rr7n+,�'4^'^Vx:r:."s:r^".........e-.ems r, -..� ;r'•.]e- .,-rm, ./�)'! /� "p9 - �-, `• � •..- � __ - . .., M1 .ti f _ U.S. HW Y. :10 .- _ Pr N _ xxT.o9 . I • 71, ..% ,33 -_._ BLDG. BLDG. I _ - -:�• o° i n' ',161 $Ei9vl - _ '. .. \ / w BUILDING C cc BLDG.B yam} I 1 1. =+ �� Q I •I 1 1 �i/1♦9� a " �� (// Gny i �( .• sHoas 1 t : L.. - t ;I ORCHARD ST. t : ��- f� mvn _ __jpppy 2 iv' s„ ; Ir I 1 � e,. I�;- • r , o9�9m T w,tel«o 3,..9..w -.;,�: •- - i 1 '' I I I - Tiwir(.xsy- �� r�uU pPr,l_I 11'1 Q. I "r"r i vn rvt.l vrem.e w::e:M s.•�i.e sr j,*.: ` � �, J / I _ ti'.1 .� ms's �.m-t—.--•m+--�-�� iMmr.a vwl:[.v... N.,le:a +ice l I\ . / / 1 I(ar i = ..M1:M ulmlRlm ter inun[Y.ul AREA SUARY MMI �=l 2 SHOPS •. ' ..m,...�,... -. 4 , _ m' yr, m nM •.w.:rw 'Tl SW)RE - 80,000 sf - BUILDING 8 7,200 BUILDING C 35,000 1 1 -o =�3` • - 1 mod o .,..3 'tr°��:'...�a ? •' - rt•'c'w9' ^g st$\., t� sea°3i ofc ] l.3ve'ir, SHOPS I 12,025 1 11 SHOPS-2 14,690 -n' LL Tev�Woroary u9scT Flu�9�_9.i - >* 'BLDG. SITE I 6,000 `�BLDG. SITE-'Tr 8,000 162 TOTAL ,915 sf 5 t N 3Ali `$Y�RE U Y `x� 17E.AREA''Lll 16.1 acres a �.. _ i__ s:-xuc♦a u 'r(,�; .. . � $+{ - �.C. r �X PARKING' PROVIDED 918 spaces EXsnu� 239 PFsPcsEv a PARKING INDEX 5.6 vTx sects \ , ( �a � Trs rErT, J; - .. � I wcvrarr�A'�•I • •cresta TJ -.5 . .,,. �. I WYNS I F0 1 SITE PLAN ;TARGET BUILDING EXPANSION BURKE NICOL AIS ARCHULE�A " ' — ,. rX�ED a;3s 1 xTt ) r DlL.Llt AM INYE.$Th r: y p� •a tx:rre[V.E 3 Yl.r3.;x ~" - `� � �.. 'rGB.ri'79- .� ) � ]�]a v a. w vo�•Ee ].a.a ,ai] •.sr� a �9 a?. 3.3 r9 i.a van MCY j013(a �! z .'3".. r +� �a.•. .,�,. 'S ' � p . ..•�. e -�-' i. i't: .< -�: F .. y TZrY_�' r �-�i ® ' J. r .�?,�m..�. o y�.?"�• �.� - �,a:`. `^,¢,r- � . ', r� _ice t l .el. Y r v'irrda.{..:� Yv Plk r^._.P1M3°le4/:. "• ..' - - ... _ . . - .._� .. . >..-. _a. Dubuque bUAB MY O ' E Masterpiece on the Mississippi April 26, 2017 TO: Zoning Advisory Commission ! , FROM: Guy Hemenway, Assistant Planner (� SUBJECT: Warren Plaza Planned Commercial District Sign Amendment INTRODUCTION Anchor Sign Company, acting on behalf of Chic-Fil-A, has submitted an application asking to amend the sign regulations for the Warren Plaza PC Planned Commercial district to permit a second freestanding sign on the premises. The Warren Plaza PC district ordinance was initially adopted in1979 and has been amended several times since. The original ordinance permitted the entire development including Target, Hy-Vee, Perkins and the multi-tenant commercial buildings that comprised the plaza to share a single freestanding center sign. Each business is also allowed wall-mounted signs. DISCUSSION There is currently one, 35 foot high, 525 square foot freestanding center sign located at the northeast corner of Warren Plaza at the intersection of Dodge Street and Wacker Drive. Target and Hy-Vee share the sign space. The Chic-Fil-A restaurant has developed a new building that replaced Perkins at the northeast corner of the plaza. Chic-Fil-A has contended that the Warren Plaza management will not permit any plaza tenants other than Target and Hy-Vee to share the existing center sign. Therefore, the request is to place a 6 foot high, 30 square foot, monument style freestanding sign along the Dodge Street frontage to advertise Chic-Fil-A's location to vehicular traffic. The proposed sign will be located approximately 80 feet from the intersection and 65 feet from the existing center sign. The proposed is relatively small and will be located in a highly commercial corridor and should; therefore, have little impact on traffic safety or the adjacent commercial properties. RECOMMENDATION Staff recommends the Commission review the criteria established in Section 9-5 and Section 5-24 regarding rezoning reclassification and planned unit developments. GH/mkr r ��o earth i Prepared by: Laura Carstens, City Planner Address: 50 W. 13th St.. City Hall Telephone: 589-4210 Return to: Kevin Firnstahl, City Clerk, Address: City Hall- 50 W. 13th Street Telephone: 589-4121 ORDINANCE NO. 21-17 AN ORDINANCE AMENDING TITLE 16, THE UNIFIED DEVELOPMENT CODE OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RESCINDING ORDINANCES 05-79, 43-91, 26-92, AND 94-92 WHICH PROVIDE REGULATIONS FOR A PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PLANNED COMMERCIAL DESIGNATION FOR WARREN PLAZA LOCATED AT 3500 DODGE STREET AND NOW BEING AMENDED TO ALLOW FOR A REVISION TO THE SIGN REQUIREMENTS WITHIN THE PUD NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16, the Unified Development Code of the City of Dubuque Code of Ordinances is hereby amended by rescinding Ordinances 05-79, 43-91, 26-92, and 94- 92, which provide regulations for the Planned Unit Development District with a Planned Commercial District designation for Warren Plaza, and being amended to allow for a revision to the sign requirements as shown in Exhibit A as stated below, to wit: Lot 2 of 2 of 1 and Lot 1 of 1 of 1 of 2 of 1 and Lot 2 of 1 of 1 of 2 of 1 and Lot 2 of 1 of 2 of 1 of Hawkeye Stock Farm, Section 28, Township 89N, Range 2 East of the 5th Principal Meridian, in the City of Dubuque, Iowa. Section 2. Attached hereto and made a part of this zoning reclassification approval in the Conceptual Development Plan for Warren Plaza Planned Unit Development marked Exhibit B 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. A. Use Regulations The following regulations shall apply to all uses made of land in the above-described PC Planned Commercial District: Warren Plaza PUD Page 2 1. The principal permitted uses shall be limited to: a. Local shopping center. 2. Accessory Uses: the following uses are permitted s accessory uses as provided in Section 3-7 Accessory Uses of the Unified Development Code. a. Any use customarily incidental and subordinate to the principal use it serves. b. Wind turbine (building -mounted) 3. Temporary Uses: The following uses shall be permitted as temporary uses in the PUD District in conformance with the provisions of Section 3-19 Temporary uses of the Unified Development Code: a. Any use listed as a permitted use within the district. B. Lot and Bulk Regulation: Development of the land in this particular PC Planned Commercial District shall be regulated as follows. 1. All structures shall be a minimum of 20 feet from the front property lines adjoining Dodge Street and Wacker Drive. 2. No building or structure can exceed 30 feet in height on the site. 3. Adequate through space behind the buildings be provide for fire vehicles. C. Parking Requirements 1. The off-street parking requirements for the principal permitted uses allowed in the herein described PC Planned Commercial District shall be a minimum of one (1) space for each 200 square feet of gross floor area accessible to the general public as shown on the conceptual development plan. 2. All vehicle -related features shall be surfaced with standard or permeable asphalt, concrete, or pavers. 3. All parking and loading spaces shall be delineated on the surfacing material by painted strips or other permanent means. 4. The number, size, and design of parking spaces and parking lots, including bicycle parking and shared parking, shall be governed by Warren Plaza PUD Page 3 applicable provisions in Section 13 Site Design Standards and 14 Parking of the City of Dubuque Unified Development Code. 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. 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. D. Site Plan Provisions Site development standards for this PC Planned Commercial District shall be as follows: 1. Final site development plans shall be submitted in accordance with Sections 12 and 13 of the Zoning Ordinance of the City of Dubuque, Iowa and shall be reviewed with due regard to the previous final development plan dated May 25, 1979, stamped July 5, 1979, which includes the site plan, paving plan, utility plan, landscape plan, final plat and reciprocal easement and maintenance agreement. 2. Landscaping and screening requirements shall be regulated by the Landscape Plan for Warren Plaza, approved by the Planning and Zoning Commission on June 27, 1080. 3. All utility transmission lines, including telephone and cable television, shall be installed underground. E. Signs. Signs for this PC Planned Commercial District shall be regulated by the Section 15 Signs of the Unified Development Code unless specifically addressed as follows: 1. Large tenants occupying over 7,000 square feet shall be permitted up to 550 square feet of wall -mounted signage. The exact location of the allowable signage shall vary with each large tenant. 2. Shop tenants occupying 7,000 square feet or less shall be permitted a maximum wall -mounted sign area of two feet high multiplied by 75 percent of the lease hold width. In no event shall a shop tenant be permitted a sign area in excess of 100 square feet. The location of the maximum sign area for shop tenants shall be centered vertically and horizontally on the wood fascia in front of the suite. 3. No exposed raceway, crossovers, conduits, conductors, transformers, etc., shall be permitted. All signs and their installation must comply with all local building and electrical codes. No more than two rows are permitted for shop tenants. Warren Plaza PUD Page 4 4. Directional signs shall be permitted according to the standard C-3 local zoning regulations. 5. Maximum of one freestanding center identification sign is allowed per premises with a maximum height of 44 feet and sign area of 660 square feet. 6. Maximum of one freestanding tenant sign is allowed per premises with a maximum height of six-foot and sign area of 30 square feet. F. Site Lighting New outdoor light fixtures shall comply with Section 13-3.1 Site Design Standards of the Unified Development Code. G. Exterior Trash Collection Areas Exterior trash collection areas shall comply with Section 13-4.9 Site Design Standards of the Unified Development Code. H. Platting Subdivision plats shall be submitted in accordance with Section 11 Land Subdivision of the Unified Development Code. Storm Water Conveyance The developer 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 City Engineer. Other applicable regulations enforced by the City Engineer relative to storm water management and drainage shall apply to properties in the PUD District. J. Noises Noises generated within the PUD District shall be regulated by Chapter 33, Article IV, Noises, of the City of Dubuque Code of Ordinances. K. Other Codes and Regulations These regulations do not relieve an owner, developer, or tenant from other applicable city, county, state or federal codes, regulations, laws and other controls relative to the planning, construction, operation and management of property in the PUD District. L. Transfer of Ownership Warren Plaza PUD Page 5 Transfer of ownership or lease of property in the Warren Plaza District PUD 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 PUD. Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 4. The foregoing amendment shall take effect upon publication, as provided by law. Passed, approved and adopted this 15th day of Mq,�, 2017. Roy D.''Buo/Mayor Attest: Kevir(Firnstahl, y Clerk ,a/ 7 - 43a 11 11 11 11 11 11 11 11 11 Doc ID 008639290011 Type GEN Kind: ORDINANCE Recorded: 05/18/2017 at 04:16:09 PM Fee Amt: $57.00 Page 1 of 11 Dubuque County Iowa John Murphy Recorder F11e2017-00005832 Prepared by: Laura Carstens, City Planner Address: 50 W. 13th St., City Hall Telephone: 589-4210 Return to: Kevin Firnstahl, City Clerk, Address: City Hall- 50 W. 13th Street Telephone: 589-4121 ORDINANCE NO. 21-17 AN ORDINANCE AMENDING TITLE 16, THE UNIFIED DEVELOPMENT CODE OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RESCINDING ORDINANCES 05-79, 43-91, 26-92, AND 94-92 WHICH PROVIDE REGULATIONS FOR A PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PLANNED COMMERCIAL DESIGNATION FOR WARREN PLAZA LOCATED AT 3500 DODGE STREET AND NOW BEING AMENDED TO ALLOW FOR A REVISION TO THE SIGN REQUIREMENTS WITHIN THE PUD NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16, the Unified Development Code of the City of Dubuque Code of Ordinances is hereby amended by rescinding Ordinances 05-79, 43-91, 26-92, and 94- 92, which provide regulations for the Planned Unit Development District with a Planned Commercial District designation for Warren Plaza, and being amended to allow for a revision to the sign requirements as shown in Exhibit A as stated below, to wit: Lot 2 of 2 of 1 and Lot 1 of 1 of 1 of 2 of 1 and Lot 2 of 1 of 1 of 2 of 1 and Lot 2 of 1 of 2 of 1 of Hawkeye Stock Farm, Section 28, Township 89N, Range 2 East of the 5th Principal Meridian, in the City of Dubuque, Iowa. Section 2. Attached hereto and made a part of this zoning reclassification approval in the Conceptual Development Plan for Warren Plaza Planned Unit Development marked Exhibit B 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. A. Use Regulations The following regulations shall apply to all uses made of land in the above-described PC Planned Commercial District: Warren Plaza PUD Page 2 1. The principal permitted uses shall be limited to: a. Local shopping center. 2. Accessory Uses: the following uses are permitted s accessory uses as provided in Section 3-7 Accessory Uses of the Unified Development Code. a. Any use customarily incidental and subordinate to the principal use it serves. b. Wind turbine (building -mounted) 3. Temporary Uses: The following uses shall be permitted as temporary uses in the PUD District in conformance with the provisions of Section 3-19 Temporary uses of the Unified Development Code: a. Any use listed as a permitted use within the district. B. Lot and Bulk Regulation: Development of the land in this particular PC Planned Commercial District shall be regulated as follows. 1. All structures shall be a minimum of 20 feet from the front property lines adjoining Dodge Street and Wacker Drive. 2. No building or structure can exceed 30 feet in height on the site. 3. Adequate through space behind the buildings be provide for fire vehicles. C. Parking Requirements 1. The off-street parking requirements for the principal permitted uses allowed in the herein described PC Planned Commercial District shall be a minimum of one (1) space for each 200 square feet of gross floor area accessible to the general public as shown on the conceptual development plan. 2. AH vehicle -related features shall be surfaced with standard or permeable asphalt, concrete, or pavers. 3. All parking and loading spaces shall be delineated on the surfacing material by painted strips or other permanent means. 4. The number, size, and design of parking spaces and parking lots, including bicycle parking and shared parking, shall be governed by Warren Plaza PUD Page 3 applicable provisions in Section 13 Site Design Standards and 14 Parking of the City of Dubuque Unified Development Code. 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. 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. D. Site Plan Provisions Site development standards for this PC Planned Commercial District shall be as follows: 1. Final site development plans shall be submitted in accordance with Sections 12 and 13 of the Zoning Ordinance of the City of Dubuque, Iowa and shall be reviewed with due regard to the previous final development plan dated May 25, 1979, stamped July 5, 1979, which includes the site plan, paving plan, utility plan, landscape plan, final plat and reciprocal easement and maintenance agreement. 2. Landscaping and screening requirements shall be regulated by the Landscape Plan for Warren Plaza, approved by the Planning and Zoning Commission on June 27, 1080. 3. All utility transmission lines, including telephone and cable television, shall be installed underground. E. Signs. Signs for this PC Planned Commercial District shall be regulated by the Section 15 Signs of the Unified Development Code unless specifically addressed as follows: 1. Large tenants occupying over 7,000 square feet shall be permitted up to 550 square feet of wall -mounted signage. The exact location of the allowable signage shall vary with each large tenant. 2. Shop tenants occupying 7,000 square feet or less shall be permitted a maximum wall -mounted sign area of two feet high multiplied by 75 percent of the lease hold width. In no event shall a shop tenant be permitted a sign area in excess of 100 square feet. The location of the maximum sign area for shop tenants shall be centered vertically and horizontally on the wood fascia in front of the suite. 3. No exposed raceway, crossovers, conduits, conductors, transformers, etc., shall be permitted. All signs and their installation must comply with all local building and electrical codes. No more than two rows are permitted for shop tenants. Warren Plaza PUD Page 4 4. Directional signs shall be permitted according to the standard C-3 local zoning regulations. 5. Maximum of one freestanding center identification sign is allowed per premises with a maximum height of 44 feet and sign area of 660 square feet. 6. Maximum of one freestanding tenant sign is allowed per premises with a maximum height of six-foot and sign area of 30 square feet. F. Site Lighting New outdoor Tight fixtures shall comply with Section 13-3.1 Site Design Standards of the Unified Development Code. G. Exterior Trash Collection Areas Exterior trash collection areas shall comply with Section 13-4.9 Site Design Standards of the Unified Development Code. H. Platting Subdivision plats shall be submitted in accordance with Section 11 Land Subdivision of the Unified Development Code. I. Storm Water Conveyance The developer 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 City Engineer. Other applicable regulations enforced by the City Engineer relative to storm water management and drainage shall apply to properties in the PUD District. J. Noises Noises generated within the PUD District shall be regulated by Chapter 33, Article IV, Noises, of the City of Dubuque Code of Ordinances. K. Other Codes and Regulations These regulations do not relieve an owner, developer, ortenantfrom other applicable city, county, state or federal codes, regulations, laws and other controls relative to the planning, construction, operation and management of property in the PUD District. L. Transfer of Ownership Warren Plaza PUD Page 5 Transfer of ownership or lease of property in the Warren Plaza District PUD 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 PUD. Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 4. The foregoing amendment shall take effect upon publication, as provided by law. Passed, approved and adopted this 15th day of Magi, 2017. 4,f Roy D.Buolk`Mayor Attest: Kevi Firnstahl, ety Clerk CERTIFICATE of the CITY CLERK STATE OF IOWA ) SS: COUNTY OF DUBUQUE ) I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached Ordinance No. 21-17 is a true and correct copy of the original. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa, on this 17th day of May, 2017. Kevin ` . Firnstahl, CMC, City Clerk STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Cleric for Woodward Communications, Inc., an Iowa corporation,publisher j of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: May 05, 2017, and for which the charge is $29.39. I i i II Subscribed to before me, Notary Public in and for Dubuque County, Iowa, this- —day of , 20_Z7 . 'i CITY OF DUBUQUE OFFICIAL NOTICE j NOTICE is�hereby given that the Dubuque3500 Dodge Street, to Notary Public in and for Dubuque County, Iowa. City Council will con- duct public hearingsati amend the Warren a meeting to com- Plaza PUD to permit a mence at 6:00 p.monsecond free- standing j Monday, May 15,2017,. sign. in the Historic Federal I Co eq un tyrimrom Credit Dutrac "`+r MARY K WESTERMEYER Building Council Cham- Union,- 3465 Asbury, bers (second floor), ' Commission Number 154885 350 West 6th Street,on Road, to amend I the I the following: Dutrac Community I My Commission Exp.Feb.1,2020 Rezonings Credit Union PUD to I Request from Lisa modify screening re- Hammel to rezone pro- quirements. perty at 175 N. copies of supporting Crescent, Ridge from 1 1 oc duments for the CS Commercial Service Public hearings are on to C-3 General Com- file in the City Clerk's mercial to accom Office and, may be p modate_retail ales"and viewed during normal services. working hours. Request from LIM Written comments Properties, LLC to regarding the above rezone property on'I public hearings may be Cedar Crest Court submitted to the City- (PIN# 1034251031) Clerk's Office,50 W.13 from CS Commercial Street„ on or before Seryice'to C-3 General 1° said time, of public Commercial to accom hearing. At said time modate a fitness and place of public hearings all�;interested business. -,' Request from Dubu- 11 citizens and parties que Racing Association will be given an 11 to rezone Chaplain opportunity to ,be; p heard for or against`' Schmitt Island and the surroundingMissis- said actions.; sippi River and P ss's- Any visual or'hearingsta ' Channel from HI Heavy impaired persons need- industrial and CR ing special assistance Commercial Recreation or persons with special ' to Planned Unit accessibility. needs_' Development with a should contact the City Planned - Commercial Clerk's Office at (563) Designation. 589-4100 or TDD/TTY Planned Unit (563)690-6678 at least Development (PUD) 48hours prior to the Amendments 1 meeting. Kevin S.Firnstahl,CMC Request from Chick Fil-A / Anchor Sign, City Clerk it 5/5 STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: May 19, 2017, and for which the charge is $92.65. L.-70 0 Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this day of 2 2 ?A2i'? Notary Public in and for Dubuque County, Iowa. ,20/7 . MARY K WESTERMEYER Commisslon Number 154885 My Commission Exp. Feb. 1, 2020 • shift i _ or modifications vering.;..:ef.. 2:delivery to the „general. -plan vehicleS, ',IA/HI:be.. al- laYoue,rnaybe ..neCea- leWed-,,dn..,-anY, street.. sary .and. ,corripOO Provide„ all With .'the need. to necessarY-I,-.'maneuver- acquire Workable ing. space, ,for:.'deliv.ery streetpatterris;:gradIek vehicles ., within:: the arid .•(;,useblc,:building bOundarieS.ofthelotk, sites. The.;gerferalPlan layout; Main -ding 'thesions deveion, relationShici.:' of and mentStandardefOrthiS uses" .to :the :general. pq, -PlannedCOmmer, .Plah.'"frameWork ;:and cial"DiStriCt ShairbSaS the:,derielcipment, follows: quirements shaif, be, 11 'Finaliitedevelop- used is ,thelinplem.en, Ment ;„plahs, - Shalt. "be tatiertgUide., submitted Regulations dance With,ISectibps" 12 The 1following. t`egula- and 13 ,.Of: the Zoning ficifiS:.,ShalrapPly, to Ordinance 'of the -City. uSes, Made Of 'lend -in of Dubuque, 164. end the . 'aboverclestribed shall be, reviewedWith PC _plen-ned',Cent-tier:7 clue :regard-. to . : the cialDietrict. , previous -final develop - 1. The...principal rnent"plan dated': May permitted shall be '25, 1970;;Starriped. July !imited to: 5,1979,-Whieh,frieludes a.Loca! ',Shopping the site ..plan,i.paving Center:' Plan, ..lend- . 2. Accessory Uses: the scene- plan, final plat foUo'ing:USS are and .rediProcal ease - permitted aS aceeiaory tnent and maintenance. uses as_ov!ded in agreement. • Section 3-7 Accessory 2. Landscaping and Uses of the Unified ,screening require - Development Code. be regu- a:: Any. use .cus- ',:lated by the Landecape. tomarily incidental and. .,.:Plan , -for- Warren ,-Plaza, subordinate to the ...approved . by - the princip.aluse itserves ..:,".?lannipg. and,;Zoning .. • b.-, Wind.turbine- Commission on .149 (bUilding,mouhted) 27;1080... r. • "3- Temporary Uses: trardmis- The' .' following .--UaeS-:.., Sion. ' MOO -ding. shall- be-: permitted as':,"telePhOne - and -; Cable temporary uses in the “television, shall be PtiD: Districtin., con; .,-.installed underground formance ..with the E Signs. Sighs ;for. provisions of Section 3- this„PC„,Planned Com - 19 .TemPorary uses ,of mercial ;District; shall , . the Unified Develop -„...be; regulated by the meat Sectibm15.Sighs,Of the' a. Any use' fisted"aa'a Unffied Deveropment , permitted' use within .: Code:. • unless - thenittrict. - .:.addressed as OFFICIAL B. Lot • -.,4nd and: • PUBLICATION , Develop- 1. Large I.tenents. ORDINANCENck11-17' &lent cifthe iandin,thIs occupying over 7,000 AN ORDINANCE :partitular. PC Planned., ,.square --feet shall ; be ..„AMENDINd,.;TITLE7,1:6, Commercial District ...permitted up ,to 550 THE : LINIFIEDAIEVEL- shall" be regulated,. es square -feef of .wall- OPMENT..- CODE ,;OF foltows. mounted signage.; The THE CITY OF npUttl- 1. Alt structures shelf eXact„focation . of the QUE .CODE.OFOROP be a :'arirrirtitirn of '20' signage shall -NANCES,BY.:RESCIOPL feet from the front yery.-.;;With each „large ING ORDINANCES 05- prOpertY7. lines 79,-43-91, 26792,',.AND ing Dodge. Street and •2. Shop. tenants 94-92 'muck!' ' Wacker ''''OCcapYing 7,000,tduare VIDE REGULATIONS No ,'.- building Shall be FOR A PUD;PLANNED structure can .exceed ,':permitted a maximum 1._ , UNIT. DEVELOPMENT 30 feet in height:oaths ; -.:sign DISTRICT _WITH % site.. ;:area ;of two feet high PLANNEO:-;,COMMER- -3. Adequate through :multiplied by . 75.,, per- VAL- -DESIGNATION space :b6hitd" the, Cent,ef the !ease -hold 'FOR..WANNEN:LAZA buildings.- be -Provide- width. In no event shell • LOCATED AT •;3:500 -for fireSi.ehicles.--- ':''shera I. tenant be DODGE ',STREET AND c. Parking Renuire7.. permitted ..a. sigh:" area NOW BEINGAMEND r "ri excess Of 100 square • ED TWALLpIllt,FPWA 1.TheOff-streetpark-r',.• feet:' The location of -REV1SION . TO THE ing....,:reqUirements for "."' the maximum Sigfrarea .SIGN - REQUIREMENTS I., ..the principat permttted. for shop tenantsT-shall. WITHIN THEIN313:,.- uSek„:,.alloWed in the be -centered vertically NOW,r1-,H,ERFORg03.E", herein', .described PC and horizontally,on the IT, ORDAINED -BY THE , Planneor Corninertiel;,-..wciod,fasCia iafront,of. CITY" 'COUNCIL OF, THE- .Distriet. shalt be a the suite CITY OF DUBIJQUE, minirhurn-Of one (1) 3. No exposenl-iate, 10WA: • space.," for each " 200 .;,;.way, . crossovers, I, eon, Section.:„LII- That Title . square '•feet -of gross'diilts conductors, 16"theUnified:Develcin- flobr arep.-acoeSsiblq'to., transformers, - -ment- Cride.,,Of the:City the • general . as -shall- be, permitted. Alt of DUbuque.. Code' of shoWn...-on... tend their Instal- Or'dinances,:iS "hereby ceptUal. developrnent:lation ;:..must ".,".comply amendedby rescinding.plan.::,.: ,,:. with aIttocalbuilding. Ordinances • 2,All electrical. .codes., 91, 26-92, and 94-92,: be.,.;,Nomorethan two rows Which' proVideregOle- surfatedWith standard are permitted "for,shon " tions for the Ptanned ok,),Perneable asphalt tenants Unit DevelOPMent-Dia-.. -qOncrete,orpaverk' signs trict ;parking and permitted Cornmercial.'-'',4Cistrict leaning, spaces shall to •" - the desighationfOr'Wereen :- delineated on the stir- ,I.'standard C-3 lOCal Plaza,.. r facing -„",material- by.::'"ioningregulationk, amended.toalloW fOra. paintedstrips.or.other. 5.: M'aXimurn",ofz one revislen,..ICIetthepsigm4permaneabmeans. . :freestanding -center • reqI,tiree tsno- • , A .imber sizecfclentificatioalasigno.fis sir:1RA% es !:,:par,king -prIet.ni.,ses -6664.5*MIt'WspS, Lotz'of:2::-of-T,Otilfit ots nc1iithng loicyCle.,--„,..freight,":nt 44 feet, and • 1 of 1"of.-1:of'2"Vq,-arid,'-perkin.gt;:,...and shared sign area. of 660:square. Lot2 of 1 of1 qf,2 of 1 Parking,, shall feet and Lot 2 'ofl'of "2".0r1 gdIVerried by applicabte 6. Maximum . of one of I-lawkeYe, ,-Stackprovisions in.Section 13 ,ffeestanding.;, tenant "Pern,'" -1!Setticirr 28r Site DeSign".."Standards ".signisellowedper.Pre-, Township r89N,-,,R&Ige . and.14:-Parking "Of..the..misesmith a maximum East of the 5th'Prtn City, ofIL.DubLique: UM- . height. of-six-foot...and. , algal iri the; fled Development code. ,- .of .30 ,square. Cityof bubuquejoWa..- Size, .Sectiori 2. Attached deSigh. arid -location of F. Site Lighting hereto andrnadea part .parking spaces :19.eirit Outdoor. Ilight of this :Zoning, reties-, neted'hir persons with ,shall comply sificatioa "approval;'..' in disabilities .." -shall 'he;1.I.Witti:Seetion 13-3.1 Site the...;ConceptuafDeVel- according to the tocat; Design Standth'cis•' ,of opMerit --Plen. ,,for state, • 'Or • ,federal; ;re-. the': Unified Develop - .Warren Plaza".plariadd qUirements in effect at:.:'inent.Code. hJOit:Development the time of .develop -. Exterior Trash marked, Exhibit meat; • , , • .;5: Col e ctio n Areas.: recognized:'that minor 6. No on,street maneu- .,'Exterior trash cotlec- tton areas shall comply with Settion13-4.9Site Design, 'Standards of the Unified .DeVelcip- mentCode., `,: H. Platting:i_ Subdivision plats shall be submitted :in accor- dance: with Section ,11 tand,Subdivision.ofthe Unified, Development - Code'.'., ,Storm , Water 'Conveyance - developer -shall, be:responsible for pro- viding -surface or...sub, surface conveyance(s) of storm "waterfrom 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 City Engineer. Other applicable regulations enforced-; by: the City Engineer relative to storrn•-;water manage- ment 3 and :drainage shall ,'-apply to , pro- perties,„ in the PUD -District. — J. Noises Noises generated with- in the PhD Districtstiell be regulated by Chap- ter 33, Article Noises, of the: City of Dubuque Code Of Ordi- nances. " K. Other Codes and Regulations These regulations do not relieve :an owner, develbner:': ' 'or , tenant from other 'applicable citY, -ccrUntY,,'state :Or federal codes, reguta- ttons, laws' and other controls relative :to the planning, construction, operation:- and manage- ment of property in the 'IPUD L Transfer of puin- prship ; • , Transfer of oWneithip 'or, lease. or prOpertYln the, WarreaiPlaZi!Dis- trict PUD shalt include . in the transfer or lease agreementla provision that thelpurohaser or lessee r acknowledges awareness of the„Con- ditionSaLithori2ing.tfie establishment of the District PUD. • Section 3. The fore- going amendment has heretofore -Ibeen re- viewed by ;the Zoning Advisory --.,-Commission of the Cityof Dubuque, Section 4:,thejore- going amendment shall take effect uponpubti- catton, .a.S'prOkled :by Passed, approved:and adopted this' .1.5tIf day of May,20172. /s/Roy D. Buoi;:MAyor Attest:/s/Kevin'S:":::;,:- 'Firnstahl, City Clerk ,.. Exhibits are.on fttein the Office of the Ci'ty Clerk,"50 W. 13th St., Dubuque. • ',": I Published officially in, the Telegraph -Herald I newspaper on the 19th day of May; 2017::., : /SAKevia3. Firnstahl, City Clerk 15 /19 ' • :