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Port of Dubuque Amendment to Planned Unit Development Copyrighted June 18, 2018 City of Dubuque Public Hearings # 4. ITEM TITLE: Port of Dubuque Amendment to Planned Unit Development (PUD) SUMMARY: Proof of publication on notice of public hearing to consider approval on an amendment to the Port of Dubuque Planned Unit Development District by adjusting boundaries of Zone A and Zone B and reference a new Conceptual Development Plan for Zone B and the Zoning Advisory Commission recommending approval. ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances Unified Development Code by rescinding Ordinance 31-02 and adopting a new ordinance which provides regulations for the Port of Dubuque Riverfront District Planned Unit Development (PUD)with a PC Planned Commercial Designation, by establishing new boundaries for Zone A and Zone B and Adopting a new Conceptual Plan for Zone B SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion A ATTACHMENTS: Description Type ZAC Letter Staff Memo Applicant Materials Supporting Documentation Ordinance-with Mark-Up Supporting Documentation Ordinance Ordinance Exhibits 1, 2 &3 Supporting Documentation Suggested Nbtion Wording Supporting Documentation i � �, Plznnulg Se�vices Deparhnent � City Hall Dubuque 50 West 13��Street THfi CI1'Y OP � Dubuque,lA 52001-4864 uFl�xh�[iq (563)589-4210 phonc � V L � ! I I-I ��1 (5G3)589-4221 fax (563)690-6678 TDD planning��cityofdubuque.org MQStL'Y�J1L'CC 011 fj1� L�15S1551�7�'J2 Zoo��Zoiz zau•zot� June 7, 2018 The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 13�h Street DubuquelA 52001 Applicant: City of Dubuque Location: Port of Dubuque Description: Port of Dubuque PUD Amendment 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 Planning Services Manager Laura Carstens spoke in favor of the request to amend the Port of Dubuque PUD Planned Unit Development District by adjusting the boundaries of Zone A — North Port and Zone B — South Port, and referencing the 2017 South Port Area Wide Plan as the new conceptual plan for Zone B. She noted an updated definition for gaming facility was recommended. Staff Member Carstens noted she had presented this recommendation in April at the Port of Dubuque Property Owners meeting, and notices were mailed to all property owners. There were no public comments. The Zoning Advisory Commission discussed the request, and felt it was appropriate due to minimal changes and no comments from property owners. 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. � Respectfully submitted, �s�-l,�s��— Thomas Henschel, Chairperson Zoning Advisory Commission Attachments cc: Maurice Jones, Economic Development Director Service Pcople Integcity Responsibility Irmovafion Teamwork City ofDubuque 'rris crry or o�d'9Oe Planning Services Department � �ubuque, ]A 52001-4805 DUB -�• �� II �,� Phone�, 563-589-9210 Fax: 563-589-4221 Masferpiece on the Mississippi ,a„ ,a�� Plannino(�citvoftlubuoue.oro PLANNING APPLICATION FORM �Variance ❑Preliminary Plat �Simple Subtlivision ❑Certificate of Appropriateness �Conditional Usc Permit ❑Major Final Plat �TeM Amendment DAdvisory Design Review (Public Projects) �Appeal ❑Minor Final Plat �Temporary Use Permit �Certificate of Emnomic Non-Viability OSpecial Exception OSimple Siie Plan DAnnexation ❑Historic Designation ❑Limited Set6ack Waiver ❑Minor Site Plan ❑Historic Revolvin9 Loan ❑Demolition �Rezoning/PUD/ID ❑Major Site Plan ❑Historic Housing Grant ❑POK of Dubuque Design Review Please hoe or orint lea'blv'n 'nk PrOperty ouvner(5): VarioUs(list attaChed) Phone: Address: City: State: Zip: Fax#: Cell #: E-mail: Applicant/Agent: Michael Van Milliqen CiN Manaqer Phone: 563-589-4110 Address: 50 W. 13'^ Street City: Dubuaue State: ]A Zip 52001 Fax #: Cell #: E-mail: ctvmor(alciNofdubuaue org Site location/address: Port of Dubuaue Neighborhood Associatiore N/A Existing mning: PUD/PC Pmposed zoning: PUD/PC District: N/A Landmark: � Ves � No Le9al Description (Sidwell parcel IDk or lot number/block number/subdivision): Area shown on Exhibit 1. Total property Qot) area (square fee[or acres): 122.45 acres Describe pmposal and reason necessary (attach a letter of explanation, if needetl):_ReviSed Port of Dubuaue PUD boundar es for Zone_A and B antl identiFv new mnceotual develooment olan for Zone B CERTIFICATION: I/we, the undersigned, do here6y certify/acknowled9e that: 1. It is the proper[y owner's responsibility ro locate property lines antl ro review the abstraR for easements ana restric[ive covenants. 2, The information submitted herein is true and mrrect to the 6est of my/our knowledge and upon submittal bemmes public recorQ i Fees are not refundable and payment does not guarantce approval; and 9. All additional required written antl graphic materials are attached. Property Owner(s): Date: Applicant/Agent -� Date: � � / /� FOROFFICEUSEONLY—APPLICAT � NSUBMITTALCHECKLIST Fee: Received by: Date: �'ZP'�g �ocket: . 0 4� > r ,� ��'� � c� .. e ^"� � r K rnscrtror � t�f{ � ��`-�,�� ' � �,� r .� i DUst_ � JE i�p' `! �i bi � . � � N . �. `• Masteryieoenr� theMis��ssypr . ,, � .� � . � .� ,.,. � �" � t � � " '�-. i � Vicinity Map ,� � � �� \. . ' ' � ��' �^� r ' �. � � u�J r ❑ . y �'7� '� ' V, � ,� _ . •�i 1�,' . �' . I.�— r .. . \ �` dco . , ♦� �.. f� '_ �> � .J: ' � �j _ �' � � Cit of Dubuque �O / � j2 6� �. G i �, ��j N� .\ (�;1 N� N �.� �o..�i m �< ApplicanC City of DuUuque �, .�� , �p w�..� d � . `. � ` ,, Location: Por[of Dubuque 4 ,� ,.p:µ _� �� .\ �� y� Description: To Amend Boundaries of Zones A& B in the Port of Dubuque Planned Unit � W : ' � & � Development (PUD) Riverfron� Districl. Legend ' � - .-..> � ,�. _ �s: £.� US HWY�20 � -- - '-" O Port of Dubuque PUD �� ' "�/ Proposed Zone A \ � �\ ��`' � �1� .� � _ ProPosed Zone B y � _ �` i : . �. �, � � ' i � � 1 �!� .>t'. �, . f"'�\ �''� �� .,• � '1��1 t�.. � � ,\' ' � - . ! �.,� � `` �� , \\, ' ��*_ N - �� w .�,K... ,,. oa ,,.m A THE CITY OF Du6UGUE � D V � � ui��,��eir ' � III, Masterpiece on the Mississippi '°°"2°'� �� TO: Zoning Advisory Commission FROM: Laura Carstens, Planning Services Manager ��`� �- SUBJECT: Revision of Port of Dubuque PUD DATE: January 26, 2018 INTRODUCTION The purpose of this memo is to transmit the Planning Services staff's recommendation to revise the Port of Dubuque Riverfront District Pianned Unit Development (PUD) by: . establishing new boundaries for Zone A (North Port) and Zone B (South Port) • adopting a new conceptual development plan for Zone B. The application, staff report, mark-up ordinance, final ordinance, exhibits, and maps are enclosed. BACKGROUND The Port of Dubuque Riverfront District PUD was adopted by Ordinance No. 31-02 on April 15, 2002 to implement the Port of Dubuque Master Plan and Design Standards adopted on March 4, 2002. The Port of Dubuque Riverfront District PUD divided the Port of Dubuque into Zone A (North Port) and Zone B (South Port), with the former Adams Foundry site on the North Port included in Zone B (see Exhibit 1). The Regulating Plan (Exhibii 2) found in the Port of Dubuque Master Plan was adopted as the Conceptual Plan for the entire PUD. The South Port Area Wide Use Plan was developed through an U.S. Environmental Protection Agency (EPA) Brownfields Planning Grant awarded to the City in 20�5. A team of consultants and City staff met with South Port property owners for two years. The results are reflected in the Preferred Site Concept Plan (Exhibit 3) for the South Port Area Wide Use Plan adopted on October 2, 2017. DISCUSSION To clarify which document represents the Conceptual Development Plan for Zone B, Planning Services staff drafted the enclosed revision of the Port of Dubuque PUD Ordinance by establishing new boundaries for Zones A and B and adopting a new conceptual development plan for Zone B. The effects are minimal. 1 The endosed Mark-up PUD Ordinance shows language to be added in bold text and language to be deleted in strikethrough text. The enclosed maps show the current and proposed boundaries for Zone A and Zone B. One change was made to the list of permitted uses in Zones A and B to replace "Excursion boat gambling" with "Gambling facility licensed by the State of lowa" to be consistent with the language in the PUD ordinance for Chaplain Schmitt Island. The revised PUD ordinance does not change the existing regulations or design standards for Zone A or Zone B. RECOMMENDATION Planning Services staff recommends the Zoning Advisory Commission approve the proposed revision of the Port of Dubuque PUD by: establlshing new boundaries for Zone A and Zone B, and adopting a new conceptual development plan for Zone B. The Commission should consider the PUD plan approval standards in Section 16-5-24- 5 of the Unified Development Code when discussing this proposal. REQUESTED ACTION The requested action is for the Commission to transmit a recommendation to the City Council on the proposed revision to the Port of Dubuque PUD. Enclosures cc: Kyle Kritz, Associate Planner F�.\Users\LCAftSTEN\W P1Potl o(DubuQue\South Potl\Memo ZAC Port PUD Revisan.tloc 2 i � � _ � � ones A & B \ ,�� , � > � , � " � � . ��=� � , , y� . , � / ; �" � - �\ r� � � ��a ; �� r' ij ' �' I i � ; �� i , , `� � II + � f � � �' I � �i' , ,, � s � " �� ; - 1 � ,.1 � \ wy�� ; � , � . + � . � � �" �.r •. s i � � — s '_ � a [—... "'*.a , � ' � i � a s ) , ��` �� t._i ... ° -- — m a }- , i t \ C ? k � + Port of Dubuque PUD (Proposed) \ � � � ZoneA � �� . . _ z� ,�.s� ..._�:_��s:.�::� � Zone B q � 9) t I \ �.,` � Port of Dubu ue PUD Existin I � � Zone A ! \\ I ' � i \\ a � � �� Zone B �_—' 1�� City Limits �\ /!� h I EXHIBIT 1 Port of Dubuque PUD � � . � ,� �� ; � �, -' ' � _ i � '� li ._ f � � r f � � � I �I � II \ . � `; 7 1� � ` � D \,�� 1� ��., f ~ � � I � � � — — r ♦ — ' j '.. 'r ,a I j � I r� I , 1 ' « � _J > i ' . '• �" _._... . -a � � r 4 i t--'`--�l . Port of Dubuque PUD �i � � � -�-; ', / � � Zone A t` ti1' � ' Q ,, ,; j , � Zone B , ; � � i ? ' � City Limits F � Uiu�i.�� ni , , 1��.aA G" s ' ' ... ' . . � . .� .�. .�. \ —�.„,;�" .^ _`= ,,=, . <�: },' � � � _'� � �' � �, \ ��ti .,�i� � �td . iT . 1 � 3� � ! 'q \!: °� Py� �rt;4�1 �� , , � '� �1 \ \`�� ` 'g� � � � ' \��" \��l'. ♦ ' , \ f :. i. � `� a �„F, i �w� � eC \ . �, \ ,�M1� �� `� \ . h ` � \ VW' r '�� . 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I ,�d �„ �. h 9 � .� 1�r . � ' _�_ � � � x,:^� r�.` �� 6 5 �' i�/1 y�j-�" �. � — - � �j�.� r . t',r �� , tlY� � . .N'� �� wb L ' . y I . � �J�... _ rV:„- � . ..,+ x k + t. ��; {t 1 � I� . � . t� ,y l�� ..� �.7 ?"' F rIII I � 13 ' �< / � � � � zrme�.':s� � L �� ^ n '� � �i � ,...b � � / } �..•O . a ��s""�3k��w � �.�lr}}� 6 / ''�"� r,SC: �� '• ��;'��t e i��'�n4 . . � ��h�� ?'' A./,x`� � � ' "' 1�'-' �' '1�' �Y1 `z�F � �� •.-. �,�.,�cyy �r ' "� ��i . �� , a��i_,�, iri r.i� w � ' : r-� �u.+ is �!4n.�� . � .. . . � .lv. . � ' /�, � , a'L YS R'"A y-� . ' . � ��.. Y1..� "�. 1 3tl�`...=y KfF v' ,ten'N' Rv b�. � .. _. ... �' � IZeQU�atI17Q P�dll � EXHIBIT 2 Port of Dubuque PUD: Zone A � I��I�II� � � � The Port of Dubuque Master Plan Conceptual Development Plan � �� Rr� ...;re.a,.,„p ._.—..�...�a 4. 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K�� , . �' a. id, e S '� +.��' �._.�._�_Y Mrzi \ �EP, �6� �� ll� _� �� yi� _ ! l ' �� /��— ro�c�im i � a ig •� 4 LS'E".' . �� bE �S� �� Aa� � �"�? nc �i : � , � � =i' w . � mei ��coi � ure � � � t� �� . �� d l 1 � � . � w , i �ei..,, � � 4 O �tK �' �t4 tt �� "' � �.I ar eBmtfbcks " - �j�`V�,�.� . . — . _._. . . . � .• �� . . t. �\ � � . � \ � G I .omn � �� .� \� . ._._ . .,e ��.,�avi.�ve,a�e . _ fl �FlootlwalbMliTTnl EXHIBIT 3 Port of Dubuque PUD: Zone B sourr+ PORroFoueuouenRenwioeuseauN NCR7� ConceptualDevelopmentPlan PreferretlSiteConceptPlan ^�L^= � Dubuque iI-IGCITYOF � PLinniny5civleerl�cyxrmsm � T 64mnnp Cit}'Hall-50 N'esl l3"�Sh'ecl D V � -�-� � � � �. u�m,�q,�e i.+ saaoi-�s� (sba7 se=ra�o vn�� (SE3)SF2-0��l fax Ei E90.6EJ8�-DD Sw;�xoe (' ) Mn;terpiereonthrAdi;sisciyYi ,�„ ��- �s«,�.oFa„n�,,,�,P� April 18, 201 S TO: Port of Dubuque Property Owners FROM: Laura Carstens. Planning Services Manager --��'� - SUeJECT: Revision of Port of Dubuque Zoning Regulations for new South Port PI2n The purpose of this le[ter is to infonn you that [he Planning Services Department plans to recommend a revision o(Ihe Port oF Du6uque zoning regWations by: • establishing new boundaries for Zone A - North Port and Zone B - South Port, and • adopting a new conceptual development plan for Zone 8 - South Port. A series of exhibits are enclosed to help explain the staff's recommendation. The Port of Dubuque zoning regulations were adopted to implement the Port of Dubuque Master Plan and Design S�andards adopted by the City Council in 2002 A Concep[ual Development Plan was adopted for the entire Port of Dubuque at the same time. The mning rec�ulations divided Ihe Port of Dubuque into Zone A - North Port and Zone B - South Port, with the former Adams Foundry site on the North Port induded in Zone B (see Port of Dubu4ue Zones A & B). In 2017, the South Port Area Wide Use Plan was adopted by[he City Council after a team of consWtants and City staff met with South Port property owners for Iwo years. To clarify which document represents the Conceptual Development Plan for Zone B, Planning Services staff recommends new boundaries for Zones A and B (see Exhibit 7). The former Adams Foundry site on the North Port would now be ind�ded in Zone A. Staff also recommends adopting a new conceptual development plan for Zone B — South Port. The Regulating Plan (see Exhibit 2)found in the Port of Dubuque Master Plan was adopted as the Conceplual Plan for lhe entire Poh in 2002. This Plan would remain in effect for all of Zone A — North Port. The Preferred Site Concept Plan for the South Port Area Wide Use Plan adopted by the City Council in 2017 would go into effect for Zone B — So�dh Port (see Exhibit 3). In addition, staff is recommending a text revision in the Port of Dubuque zoning regulations in the list of permittad uses in Zones A and B to replece "Excursion boa{g�mbling" with "Gambling facility licensed by the State of lowa". This revision will be consistent with the language 'm the zoning regulations for Chaplain Schmitt Island. No other existing regulations or design standards for Zone A or Zone B would be al�ered. Enclosures Serv9ce People Imcg la Ruporeibill�y In�mvation 'I'eam.+-ork Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St. Telephone: 589-4210 Return to: Kevin S. Firnstahl, City Clerk Address: City Hall- 50 W. 13th St Telephone: 589-4121 ORDINANCE NO. 20-18 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES UNIFIED DEVELOPMENT CODE BY RESCINDING ORDINANCE 31-02 AND ADOPTING A NEW ORDINANCE WHICH PROVIDES REGULATIONS FOR THE PORT OF DUBUQUE RIVERFRONT DISTRICT PLANNED UNIT DEVELOPMENT (PUD) WITH A PC PLANNED COMMERCIAL DESIGNATION, BY ESTABLISHING NEW BOUNDARIES FOR ZONE A AND ZONE B AND ADOPTING A NEW CONCEPTUAL PLAN FOR ZONE B NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is hereby amended by rescinding Ordinance No.31-02 and adopting a new ordinance which provides regulations for the Port of Dubuque Riverfront District Planned Unit Development PUD with a PC Planned Commercial designation by establishing new boundaries for Zone A and Zone B, and adopting a new conceptual development plan for Zone B, a copy of which is attached to and made a part hereof (Exhibit 3), for property as stated below, to wit: As shown in Exhibit 1, all in the City of Dubuque, Iowa. Section 2. Conceptual Development Plans A. Referenced herein as Exhibit 2, on file in the Planning Services Department and made a part of this zoning reclassification by reference is the Conceptual Development Plan for Zone A for the Port of Dubuque Riverfront District. 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. Port of Dubuque Riverfront District PUD Page 2 Ordinance No. 20-18 B. Referenced herein as Exhibit 3, on file in the Planning Services Department and made a part of this zoning reclassification by reference is the Conceptual Development Plan for Zone B for the Port of Dubuque Riverfront District. 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. Section 3. Definitions: The following definitions shall apply for purposes of this PUD Ordinance, in addition to Section 2 Definitions of the Unified Development Code. Indoor Restaurant: Any business establishment or portion thereof where food is prepared for sale and consumption on the premises, including all sit-down restaurants, where food and beverage are served in nondisposable containers and which may involve carryout service and the serving of beer, wine and alcoholic beverages on the premises of a limited nature as an accessory use to the restaurant. Nightclub: An establishment dispensing beer, wine, and alcoholic beverages on the premises in which music, dancing, or entertainment is conducted. Office/Showroom: A product display or showroom facility with two primary uses: office and showroom/display space. Storage, light assembly or shipping and receiving may occupy no more than 20 percent, and office use may occupy no more than 75 percent of the facility's gross floor area. Theme Restaurant: Any business establishment or portion thereof with an historical, architectural, cultural, or similar general theme, where food is prepared for sale for consumption on-site in a cafe or al fresco setting, off the premises and/or served in disposable containers or wrappers, including fast food restaurants having a carryout service, and where beer, wine, or alcoholic beverages are not served. Theme Convenience Store with Subordinate Gas Station: Any retail establishment with an historical, architectural, cultural, corner grocery or similar general theme, where food is prepared for sale for consumption on-site in a deli or cafe setting, and also offering for sale prepackaged food products, household items, newspapers and magazines, and sandwiches and other freshly prepared foods such as salads, for off-site consumption, and the sale of gas or other vehicular fuels subordinate to the principal use of the theme convenience store. Section 4. General Provisions for Zone A A. Geographic Area: Zone A shall be the geographic area designated as "Zone A" on Exhibit 1. Port of Dubuque Riverfront District PUD Page 3 Ordinance No. 20-18 B. Use Regulations for Zone A 1. Principal Permitted uses: a. Antique Shops b. Aquariums c. Bars/nightclubs d. Bookstores e. Boutique hotels or bed & breakfast inns f. Cinemas/theaters g. Coffee shops h. Condominiums i. Conference and education centers j. Copy centers k. Dry cleaners I. Excursion services m. Gambling facility licensed by the State of Iowa n. General offices o. Hotels p. Indoor and outdoor recreational facilities q. Indoor restaurants r. Marinas/pleasure craft harbors s. Medical and professional offices t. Microbreweries u. Multi -family residential dwellings v. Museums w. Office/showrooms x. Parking structures y. Personal services z. Public parks/plazas aa. Public or quasi -public utilities bb. Public transit/comfort stations cc. Residential dwelling units above the first floor dd. Retail sales and services ee. Theme convenience stores with subordinate gas stations ff. Theme restaurants 2. Prohibited Uses: a. Outdoor golf courses and outdoor golf practice facilities, except miniature golf. b. Cellular communication towers. Port of Dubuque Riverfront District PUD Page 4 Ordinance No. 20-18 c. Telecommunication processing and relay centers — i.e., "telecom hotels." d. Adult entertainment establishment, as defined in Chapter 8 of the City Code. e. Industrial laundry and dry-cleaning plants. f. Pawn shops. g. New car and truck sales. h. Used vehicle sales and service. 1. Resale shops. j. Drive-thru facilities, except drive -up automated teller machines. k. Stand-alone gas stations. I. Vehicle fabrication/assembly/repair/body shops. m. Tattoo parlors and body piercing shops. 3. Permitted Conditional uses: a. Group day care centers, subject to state and local regulations and provided that: 1. Such facility shall be located within an office, commercial or residential building or s an accessory structure on the same lot. 2. Such facility shall provide for the loading and unloading of children so as not to obstruct public streets, nor create traffic or safety hazards; and 3. All licenses have been issued or have been applied for awaiting the outcome of the Board's decision. b. Drive -up automated teller machines, provided that: 1. Ingress, egress, and traffic flow shall be acceptable to the City site plan review team; and 2. Opaque screening shall be provided for adjacent residential uses. Port of Dubuque Riverfront District PUD Page 5 Ordinance No. 20-18 4. Permitted Accessory Uses: Any use customarily incidental and subordinate to the principal use it serves. 5. Permitted Temporary Uses: Any use of a limited duration as defined in Section 2 Definitions of the Unified Development Code, subject to the conditions set forth in Section 16-3-19 Temporary Uses of the Unified Development Code. C. Conceptual Development Plan and Performance Standards for New Development, Change in Use, and Expansion and Reconstruction of Existing Uses in Zone A. 1. Conceptual Development Plan: In Zone A, the Regulating Plan adopted on March 4, 2002, as part of the Port of Dubuque Master Plan, shall serve as the conceptual development plan, a copy of which is attached to and made a part hereof as Exhibit A. 2. Performance Standards: In Zone A, the Design Standards adopted on March 4, 2002, as part of the Port of Dubuque Master Plan shall apply to all new development, change in use, and expansion of existing uses. Section 5. General Provisions of Zone B. A. Geographic Area: Zone B shall be the geographic area designated as "Zone B" on Exhibit 1. 1. Permitted Principal Uses: a. Antique Shops b. Aquariums c. Bars/nightclubs d. Bookstores e. Boutique hotels or bed & breakfast inns f. Cinemas/theaters g. Coffee shops h. Condominiums i. Conference and education centers j. Copy centers k. Dry cleaners I. Excursion services m. Gambling facility licensed by the State of Iowa n. General offices o. Hotels p. Indoor and outdoor recreational facilities q. Indoor restaurants r. Marinas/pleasure craft harbors Port of Dubuque Riverfront District PUD Page 6 Ordinance No. 20-18 s. Medical and professional offices t. Microbreweries u. Multi -family residential dwellings v. Museums w. Office/showrooms x. Parking structures y. Personal services z. Public parks/plazas aa. Public or quasi -public utilities bb. Public transit/comfort stations cc. Residential dwelling units above the first floor dd. Retail sales and services ee. Theme convenience stores with subordinate gas stations ff. Theme restaurants 2. Prohibited Uses: a. Outdoor golf courses and outdoor golf practice facilities, except miniature golf. b. Cellular communication towers. c. Telecommunication processing and relay centers — i.e., "telecom hotels." d. Adult entertainment establishment, as defined in Chapter 8 of the City Code. e. Industrial laundry and dry-cleaning plants. f. Pawn shops. g. New car and truck sales. h. Used vehicle sales and service. i. Resale shops. j. Drive-thru facilities, except drive -up automated teller machines. k. Stand-alone gas stations. I. Vehicle fabrication/assembly/repair/body shops. m. Tattoo parlors and body piercing shops. 4. Permitted Conditional uses: Port of Dubuque Riverfront District PUD Page 7 Ordinance No. 20-18 a. Group day care centers, subject to state and local regulations and provided that: 1. Such facility shall be located within an office, commercial or residential building or s an accessory structure on the same lot. 2. The parking requirements can be met. 3. Such facility shall provide for the loading and unloading of children so as not to obstruct public streets, nor create traffic or safety hazards; and 4. All licenses have been issues or have been applied for awaiting the outcome of the Board's decision. b. Drive -up automated teller machines, provided that: 1. Ingress, egress, and traffic flow shall be acceptable to the City site plan review team; 2. The parking requirements can be met; and 3. Opaque screening shall be provided for adjacent residential uses. 4. Permitted Accessory Uses: Any use customarily incidental and subordinate to the principal use it serves. 5. Permitted Temporary Uses: Any use of a limited duration as defined in Section 2 Definitions of the Unified Development Code, subject to the conditions set forth in Section 16-3-19 Temporary Uses of the Unified Development Code. C. Conceptual Development Plan and Performance Standards for New Development, Change in Use, and Expansion and Reconstruction of Existing Uses in Zone B 1. Conceptual Development Plan: In Zone B, the Preferred Site Concept Plan of the South Port Area Wide Use Plan adopted on October 2, 2017, shall serve as the conceptual development plan, a copy of which is attached to and made a part hereof as Exhibit 3. Port of Dubuque Riverfront District PUD Page 8 Ordinance No. 20-18 2. New Development, Change in Use and Expansion of Existing Uses: In Zone B, the Design Standards adopted on March 4, 2002, as part of the Port of Dubuque Master Plan shall apply to all new development, change in use, and expansion of existing uses.' 3. Reconstruction of Existing Uses: In Zone B, the Design Standards adopted on March 4, 2002, as part of the Port of Dubuque Master Plan shall apply in the event of reconstruction of an existing use after destruction by more than fifty percent (50%) of the replacement cost at the time of the destruction. In the event of destruction of an existing use by less than fifty percent (50%) of the replacement cost at the time of destruction, it may only be reconstructed if such reconstruction does not increase the degree of nonconformity that existing prior to destruction. 4. Construction of New Parking Lots: In Zone B, construction of any new parking lot shall comply with the Design Standards adopted on March 4, 2002, as part of the Port of Dubuque Master Plan. 5. Expansion of Existing Parking Lots: In Zone B, the expansion of an existing parking lot for an existing use shall not constitute the requirement to comply with the Design Standards adopted on March 4, 2002, as part of the Port of Dubuque Master Plan. However, the expansion of an existing parking lot in Zone B shall comply with Section 14 Parking, Section 12 Site Plans and Section 13-4 Landscaping and Screening Requirements of the Unified Development Code. 6. Outdoor Storage — New Development, Change in Use and Expansion of Existing Uses: Outdoor storage of any kind, including vehicles, raw materials, etc. is prohibited in Zone B for all new development, change in use, and expansion of existing uses. Seasonal equipment, supplies, etc. shall be either stored within each facility or within a permanent accessory structure. 7. Outdoor Storage — Reconstruction of Existing Uses: Outdoor storage of any kind, including vehicles, raw materials, etc. is prohibited in Zone B in the event of reconstruction of an existing use after destruction by more than fifty percent (50%) of the replacement cost at the time of destruction. Seasonal equipment, supplies, etc. shall be either stored within each facility or within a permanent accessory structure. In the event of destruction of an existing use by less than fifty percent (50%) of the replacement cost at the time of destruction, outdoor storage shall be subject to the provisions of Section 5.D. of this PUD Ordinance. D. Performance Standards for Existing Uses in Zone B Port of Dubuque Riverfront District PUD Page 9 Ordinance No. 20-18 1. Nonconformities: If an existing use in Zone B is not listed in Section 5.B. Permitted Uses of this PUD Ordinance at the time of adoption of Ordinance No. 31-02 (April 15, 2002), it shall be considered a non -conforming use in accordance with Section 4 Nonconformities of the Unified Development Code. It is recognized that lawful nonconformities may substantially and adversely impact the orderly development, maintenance, use and taxable value of other properties in this PUD District. To secure eventual conformance with the South Port Area Wide Use Plan adopted on October 2, 2017, and the Design Standards adopted on March 4, 2002, as part of the Port of Dubuque Master Plan, nonconforming uses existing in Zone B at the time of adoption of Ordinance No. 31-02 may continue subject to the provisions of this ordinance, but may not expand in gross floor area nor change in use from one nonconforming use to another nonconforming use. 2. Sign Regulations: The provisions of the Unified Development Code Section 15 Sign Regulations shall apply in Zone B unless further regulated by this section. a. Nonconforming signs: Any existing sign in Zone B that is not in compliance with the Design Standards adopted on March 4, 2002, as part of the Port of Dubuque Master Plan shall be considered a nonconforming sign in accordance with Section 15-14 Nonconforming Signs of the Unified Development Code. b. New Signs: The installation of any new signs for an existing use in Zone B shall be in accordance with the Design Standards adopted on March 4, 2002, as part of the Port of Dubuque Master Plan. c. Comprehensive Sign Program: A comprehensive sign program shall be developed in Zone B for the installation of new signs and for any alteration, improvement or other change of nonconforming signs for existing individual businesses or buildings, or for buildings which house more than one business, in accordance with the Design Standards adopted on March 4, 2002, as part of the Port of Dubuque Master Plan. d. Prohibited signs: The following types of signs are prohibited in Zone B. Any existing sign in Zone B that falls into one or more of the following categories of prohibited signs shall be considered a nonconforming sign. 1. Pole, pylon, or freestanding signs 2. Billboards 3. Internally illuminated awnings 4. Portable signs 5. Search lights 6. Audible or musical signs Port of Dubuque Riverfront District PUD Page 10 Ordinance No. 20-18 e. Permissible signs: The following sign types are permissible in Zone B. 1. Non -illuminated awning signs 2. Canopy or marquee signs 3. Wall signs 4. Projecting signs 5. Window signs 6. Ground signs/monument signs 3. Non -accessory Outdoor Storage Prohibited: In Zone B, outdoor storage that is not an accessory use to the principal use is prohibited. In Zone B, removal of the non -accessory outdoor storage shall be required within eighteen (18) months of the effective date of Ordinance No. 31-02, and shall be implemented according to the following schedule: 0-6 months Conduct property review meeting with the City of Dubuque Planning Services Department. 6-12 months Submit necessary plans and information describing compliance plans to the Planning Services Department. 12-18 months Remove all non -accessory outdoor storage. 4. Outdoor Storage Accessory to the Principal Use: a. Outdoor Storage Accessory to the Principal Use: In Zone B, outdoor storage for existing uses is restricted to storage necessary for operation of the principal use as an accessory use. Material stored must be screened from view from adjacent rights-of-way and properties. Screening must be opaque and a minimum of six (6) feet in height. b. Outdoor Storage of Refuse: In Zone B, outdoor storage of freestanding dumpsters or refuse containers is prohibited. Refuse shall be securely stored and enclosed as part of the principal structure, and contained and disposed of in accordance with applicable state, county and city health, safety and environmental codes. Where storage of food service/restaurant kitchen refuse is not accommodated as part of the principal building, refuse storage is permissible in an accessory storage enclosure. c. Compliance Schedule for Accessory Outdoor Storage: In Zone B, compliance with the accessory outdoor storage regulations of this sub- section shall be required within five (5) years of the effective date of Ordinance No. 31-02, and shall be implemented according to the following schedule: Port of Dubuque Riverfront District PUD Page 11 Ordinance No. 20-18 0 — 24 months 24-48 months Conduct property review meeting with Planning Services Department. Submit necessary plans and information describing compliance plans and improvements to the Planning Services Department. 48-60 months Complete necessary modifications and improvements. E. Variance and Appeal Process. In Zone B, requests for variances from the regulations of this PUD ordinance, unless expressly prohibited by this PUD Ordinance, and appeals of their interpretation by City staff shall be filed in accordance with Section 5-3 Zoning Board of Adjustment of the Unified Development Code. Section 6. Transfer of Ownership. Transfer of ownership or lease of property in this PUD District shall include the transfer or lease agreement a provision that the purchaser or lessee acknowledges awareness of the conditions authorizing the establishment of the district. Section 7. Recording. A copy of this PUD ordinance shall be recorded at the expense of the City of Dubuque with the Dubuque County Recorder as a permanent record of the conditions accepted as part of this reclassification approval. This ordinance shall be binding upon the undersigned and his/her heirs, successors and assigns. Section 8. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 9. This Ordinance shall take effect upon publication as provided by law. Passed, approved and adopted this 18th day of Jun Attest: Kevir(S. Firnstahl, City Clerk Ric Jones Presiding Officer 11 11 111111001111 11 11 111f 111 11 Doc ID: 008839970015 Type GEN Kind: ORDINANCE Recorded: 06/22/2018 at 02:04:18 PM Fee Amt: $77.00 Page 1 of 15 Dubuque County Iowa John Murphy Recorder F11e2018-00006918 Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St. Telephone: 589-4210 Return to: Kevin S. Firnstahl, City Clerk Address: City Hall- 50 W. 13th St Telephone: 589-4121 ORDINANCE NO. 20-18 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES UNIFIED DEVELOPMENT CODE BY RESCINDING ORDINANCE 31-02 AND ADOPTING A NEW ORDINANCE WHICH PROVIDES REGULATIONS FOR THE PORT OF DUBUQUE RIVERFRONT DISTRICT PLANNED UNIT DEVELOPMENT (PUD) WITH A PC PLANNED COMMERCIAL DESIGNATION, BY ESTABLISHING NEW BOUNDARIES FOR ZONE A AND ZONE B AND ADOPTING A NEW CONCEPTUAL PLAN FOR ZONE B NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is hereby amended by rescinding Ordinance No.31-02 and adopting a new ordinance which provides regulations for the Port of Dubuque Riverfront District Planned Unit Development PUD with a PC Planned Commercial designation by establishing new boundaries for Zone A and Zone B, and adopting a new conceptual development plan for Zone B, a copy of which is attached to and made a part hereof (Exhibit 3), for property as stated below, to wit: As shown in Exhibit 1, all in the City of Dubuque, Iowa. Section 2. Conceptual Development Plans A. Referenced herein as Exhibit 2, on file in the Planning Services Department and made a part of this zoning reclassification by reference is the Conceptual Development Plan for Zone A for the Port of Dubuque Riverfront District. 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. a ale Port of Dubuque Riverfront District PUD Page 2 Ordinance No. 20-18 B. Referenced herein as Exhibit 3, on file in the Planning Services Department and made a part of this zoning reclassification by reference is the Conceptual Development Plan for Zone B for the Port of Dubuque Riverfront District. 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. Section 3. Definitions: The following definitions shall apply for purposes of this PUD Ordinance, in addition to Section 2 Definitions of the Unified Development Code. Indoor Restaurant: Any business establishment or portion thereof where food is prepared for sale and consumption on the premises, including all sit-down restaurants, where food and beverage are served in nondisposable containers and which may involve carryout service and the serving of beer, wine and alcoholic beverages on the premises of a limited nature as an accessory use to the restaurant. Nightclub: An establishment dispensing beer, wine, and alcoholic beverages on the premises in which music, dancing, or entertainment is conducted. Office/Showroom: A product display or showroom facility with two primary uses: office and showroom/display space. Storage, Tight assembly or shipping and receiving may occupy no more than 20 .percent, and office use may occupy no more than 75 percent of the facility's gross floor area. Theme Restaurant: Any business establishment or portion thereof with an historical, architectural, cultural, or similar general theme, where food is prepared for sale for consumption on-site in a cafe or al fresco setting, off the premises and/or served in disposable containers or wrappers, including fast food restaurants having a carryout service, and where beer, wine, or alcoholic beverages are not served. Theme Convenience Store with Subordinate Gas Station: Any retail establishment with an historical, architectural, cultural, corner grocery or similar general theme, where food is prepared for sale for consumption on-site in a deli or cafe setting, and also offering for sale prepackaged food products, household items, newspapers and magazines, and sandwiches and other freshly prepared foods such as salads, for off-site consumption, and the sale of gas or other vehicular fuels subordinate to the principal use of the theme convenience store. Section 4. General Provisions for Zone A A. Geographic Area: Zone A shall be the geographic area designated as "Zone A" on Exhibit 1. Port of Dubuque Riverfront District PUD Page 3 Ordinance No. 20-18 B. Use Regulations for Zone A 1. Principal Permitted uses: a. Antique Shops b. Aquariums c. Bars/nightclubs d. Bookstores e. Boutique hotels or bed & breakfast inns f. Cinemas/theaters g. Coffee shops h. Condominiums i. Conference and education centers j. Copy centers k. Dry cleaners I. Excursion services m. Gambling facility licensed by the State of Iowa n. General offices o. Hotels p. Indoor and outdoor recreational facilities q. Indoor restaurants r. Marinas/pleasure craft harbors s. Medical and professional offices t. Microbreweries Li. Multi -family residential dwellings v. Museums w. Office/showrooms x. Parking structures y. Personal services z. Public parks/plazas aa. Public or quasi -public utilities bb. Public transit/comfort stations cc. Residential dwelling units above the first floor dd. Retail sales and services ee. Theme convenience stores with subordinate gas stations ff. Theme restaurants 2. Prohibited Uses: a. Outdoor golf courses and outdoor golf practice facilities, except miniature golf. b. Cellular communication towers. Port of Dubuque Riverfront District PUD Page 4 Ordinance No. 20-18 c. Telecommunication processing and relay centers — i.e., "telecom hotels." d. Adult entertainment establishment, as defined in Chapter 8 of the City Code. e. Industrial laundry and dry-cleaning plants. f. Pawn shops. g. New car and truck sales. h. Used vehicle sales and service. i. Resale shops. j. Drive-thru facilities, except drive -up automated teller machines. k. Stand-alone gas stations. I. Vehicle fabrication/assembly/repair/body shops. m. Tattoo parlors and body piercing shops. 3. Permitted Conditional uses: a. Group day care centers, subject to state and local regulations and provided that: 1. Such facility shall be located within an office, commercial or residential building or s an accessory structure on the same lot. 2. Such facility shall provide for the loading and unloading of children so as not to obstruct public streets, nor create traffic or safety hazards; and 3. All licenses have been issued or have been applied for awaiting the outcome of the Board's decision. b. Drive -up automated teller machines, provided that: 1. Ingress, egress, and traffic flow shall be acceptable to the City site plan review team; and 2. Opaque screening shall be provided for adjacent residential uses. Port of Dubuque Riverfront District PUD Page 5 Ordinance No. 20-18 4. Permitted Accessory Uses: Any use customarily incidental and subordinate to the principal use it serves. 5. Permitted Temporary Uses: Any use of a limited duration as defined in Section 2 Definitions of the Unified Development Code, subject to the conditions set forth in Section 16-3-19 Temporary Uses of the Unified Development Code. C. Conceptual Development Plan and Performance Standards for New Development, Change in Use, and Expansion and Reconstruction of Existing Uses in Zone A. 1. Conceptual Development Plan: In Zone A, the Regulating Plan adopted on March 4, 2002, as part of the Port of Dubuque Master Plan, shall serve as the conceptual development plan, a copy of which is attached to and made a part hereof as Exhibit A. Performance Standards: In Zone A, the Design Standards adopted on March 4, 2002, as part of the Port of Dubuque Master Plan shall apply to all new development, change in use, and expansion of existing uses. Section 5. General Provisions of Zone B. A. Geographic Area: Zone B shall be the geographic area designated as "Zone B" on Exhibit 1. 1. Permitted Principal Uses: a. Antique Shops b. Aquariums c. Bars/nightclubs d. Bookstores e. Boutique hotels or bed & breakfast inns f. Cinemas/theaters g. Coffee shops h. Condominiums i. Conference and education centers j. Copy centers k. Dry cleaners I. Excursion services m. Gambling facility licensed by the State of Iowa n. General offices o. Hotels p. Indoor and outdoor recreational facilities q. Indoor restaurants r. Marinas/pleasure craft harbors Port of Dubuque Riverfront District PUD Page 6 Ordinance No. 20-18 s. Medical and professional offices t. Microbreweries u. Multi -family residential dwellings v. Museums w. Office/showrooms x. Parking structures y. Personal services z. Public parks/plazas aa. Public or quasi -public utilities bb. Public transit/comfort stations cc. Residential dwelling units above the first floor dd. Retail sales and services ee. Theme convenience stores with subordinate gas stations ff. Theme restaurants 2. Prohibited Uses: a. Outdoor golf courses and outdoor golf practice facilities, except miniature golf. b. Cellular communication towers. c. Telecommunication processing and relay centers — i.e., "telecom hotels." d. Adult entertainment establishment, as defined in Chapter 8 of the City Code. e. Industrial laundry and dry-cleaning plants. f. Pawn shops. g. New car and truck sales. h. Used vehicle sales and service. i. Resale shops. j. Drive-thru facilities, except drive -up automated teller machines. k. Stand-alone gas stations. I. Vehicle fabrication/assembly/repair/body shops. m. Tattoo parlors and body piercing shops. 4. Permitted Conditional uses: Port of Dubuque Riverfront District PUD Page 7 Ordinance No. 20-18 Group day care centers, subject to state and local regulations and provided that: 1. Such facility shall be located within an office, commercial or residential building or s an accessory structure on the same lot. 2. The parking requirements can be met. 3. Such facility shall provide for the loading and unloading of children so as not to obstruct public streets, nor create traffic or safety hazards; and 4. All licenses have been issues or have been applied for awaiting the outcome of the Board's decision. b. Drive -up automated teller machines, provided that: 1. Ingress, egress, and traffic flow shall be acceptable to the City site plan review team; 2. The parking requirements can be met; and 3. Opaque screening shall be provided for adjacent residential uses. 4. Permitted Accessory Uses: Any use customarily incidental and subordinate to the principal use it serves. 5. Permitted Temporary Uses: Any use of a limited duration as defined in Section 2 Definitions of the Unified Development Code, subject to the conditions set forth in Section 16-3-19 Temporary Uses of the Unified Development Code. C. Conceptual Development Plan and Performance Standards for New Development, Change in Use, and Expansion and Reconstruction of Existing Uses in Zone B 1. Conceptual Development Plan: In Zone B, the Preferred Site Concept Plan of the South Port Area Wide Use Plan adopted on October 2, 2017, shall serve as the conceptual development plan, a copy of which is attached to and made a part hereof as Exhibit 3. Port of Dubuque Riverfront District PUD Page 8 Ordinance No. 20-18 2. New Development, Change in Use and Expansion of Existing Uses: In Zone B, the Design Standards adopted on March 4, 2002, as part of the Port of Dubuque Master Plan shall apply to all new development, change in use, and expansion of existing uses.' 3. Reconstruction of Existing Uses: In Zone B, the Design Standards adopted on March 4, 2002, as part of the Port of Dubuque Master Plan shall apply in the event of reconstruction of an existing use after destruction by more than fifty percent (50%) of the replacement cost at the time of the destruction. In the event of destruction of an existing use by less than fifty percent (50%) of the replacement cost at the time of destruction, it may only be reconstructed if such reconstruction does not increase the degree of nonconformity that existing prior to destruction. 4. Construction of New Parking Lots: In Zone B, construction of any new parking lot shall comply with the Design Standards adopted on March 4, 2002, as part of the Port of Dubuque Master Plan. 5. Expansion of Existing Parking Lots: In Zone B, the expansion of an existing parking lot for an existing use shall not constitute the requirement to comply with the Design Standards adopted on March 4, 2002, as part of the Port of Dubuque Master Plan. However, the expansion of an existing parking lot in Zone B shall comply with Section 14 Parking, Section 12 Site Plans and Section 13-4 Landscaping and Screening Requirements of the Unified Development Code. 6. Outdoor Storage — New Development, Change in Use and Expansion of Existing Uses: Outdoor storage of any kind, including vehicles, raw materials, etc. is prohibited in Zone B for all new development, change in use, and expansion of existing uses. Seasonal equipment, supplies, etc. shall be either stored within each facility or within a permanent accessory structure. 7. Outdoor Storage — Reconstruction of Existing Uses: Outdoor storage of any kind, including vehicles, raw materials, etc. is prohibited in Zone B in the event of reconstruction of an existing use after destruction by more than fifty percent (50%) of the replacement cost at the time of destruction. Seasonal equipment, supplies, etc. shall be either stored within each facility or within a permanent accessory structure. In the event of destruction of an existing use by less than fifty percent (50%) of the replacement cost at the time of destruction, outdoor storage shall be subject to the provisions of Section 5.D. of this PUD Ordinance. Performance Standards for Existing Uses in Zone B Port of Dubuque Riverfront District PUD Page 9 Ordinance No. 20-18 1 Nonconformities: If an existing use in Zone B is not listed in Section 5.B. Permitted Uses of this PUD Ordinance at the time of adoption of Ordinance No. 31-02 (April 15, 2002), it shall be considered a non -conforming use in accordance with Section 4 Nonconformities of the Unified Development Code. It is recognized that lawful nonconformities may substantially and adversely impact the orderly development, maintenance, use and taxable value of other properties in this PUD District. To secure eventual conformance with the South Port Area Wide Use Plan adopted on October 2, 2017, and the Design Standards adopted on March 4, 2002, as part of the Port of Dubuque Master Plan, nonconforming uses existing in Zone B at the time of adoption of Ordinance No. 31-02 may continue subject to the provisions of this ordinance, but may not expand in gross floor area nor change in use from one nonconforming use to another nonconforming use. 2. Sign Regulations: The provisions of the Unified Development Code Section 15 Sign Regulations shall apply in Zone B unless further regulated by this section. a. Nonconforming signs: Any existing sign in Zone B that is not in compliance with the Design Standards adopted on March 4, 2002, as part of the Port of Dubuque Master Plan shall be considered a nonconforming sign in accordance with Section 15-14 Nonconforming Signs of the Unified Development Code. b. New Signs: The installation of any new signs for an existing use in Zone B shall be in accordance with the Design Standards adopted on March 4, 2002, as part of the Port of Dubuque Master Plan. c. Comprehensive Sign Program: A comprehensive sign program shall be developed in Zone B for the installation of new signs and for any alteration, improvement or other change of nonconforming signs for existing individual businesses or buildings, or for buildings which house more than one business, in accordance with the Design Standards adopted on March 4, 2002, as part of the Port of Dubuque Master Plan. d. Prohibited signs: The following types of signs are prohibited in Zone B. Any existing sign in Zone B that falls into one or more of the following categories of prohibited signs shall be considered a nonconforming sign. 1. Pole, pylon, or freestanding signs 2. Billboards 3. Internally illuminated awnings 4. Portable signs 5. Search lights 6. Audible or musical signs Port of Dubuque Riverfront District PUD Page 10 Ordinance No. 20-18 e. Permissible signs: The following sign types are permissible in Zone B. 1. Non -illuminated awning signs 2. Canopy or marquee signs 3. Wall signs 4. Projecting signs 5. Window signs 6. Ground signs/monument signs 3. Non -accessory Outdoor Storage Prohibited: In Zone B, outdoor storage that is not an accessory use to the principal use is prohibited. In Zone B, removal of the non -accessory outdoor storage shall be required within eighteen (18) months of the effective date of Ordinance No. 31-02, and shall be implemented according to the following schedule: 0-6 months Conduct property review meeting with the City of Dubuque Planning Services Department. 6-12 months Submit necessary plans and information describing compliance plans to the Planning Services Department. 12-18 months Remove all non -accessory outdoor storage. 4. Outdoor Storage Accessory to the Principal Use: a. Outdoor Storage Accessory to the Principal Use: In Zone B, outdoor storage for existing uses is restricted to storage necessary for operation of the principal use as an accessory use. Material stored must be screened from view from adjacent rights-of-way and properties. Screening must be opaque and a minimum of six (6) feet in height. b. Outdoor Storage of Refuse: In Zone B, outdoor storage of freestanding dumpsters or refuse containers is prohibited. Refuse shall be securely stored and enclosed as part of the principal structure, and contained and disposed of in accordance with applicable state, county and city health, safety and environmental codes. Where storage of food service/restaurant kitchen refuse is not accommodated as part of the principal building, refuse storage is permissible in an accessory storage enclosure. c. Compliance Schedule for Accessory Outdoor Storage: In Zone B, compliance with the accessory outdoor storage regulations of this sub- section shall be required within five (5) years of the effective date of Ordinance No. 31-02, and shall be implemented according to the following schedule: Port of Dubuque Riverfront District PUD Page 11 Ordinance No. 20-18 0 — 24 months 24-48 months Conduct property review meeting with Planning Services Department. Submit necessary plans and information describing compliance plans and improvements to the Planning Services Department. 48-60 months Complete necessary modifications and improvements. E Variance and Appeal Process. In Zone B, requests for variances from the regulations of this PUD ordinance, unless expressly prohibited by this PUD Ordinance, and appeals of their interpretation by City staff shall be filed in accordance with Section 5-3 Zoning Board of Adjustment of the Unified Development Code. Section 6. Transfer of Ownership. Transfer of ownership or lease of property in this PUD District shall include the transfer or lease agreement a provision that the purchaser or lessee acknowledges awareness of the conditions authorizing the establishment of the district. Section 7. Recording. A copy of this PUD ordinance shall be recorded at the expense of the City of Dubuque with the Dubuque County Recorder as a permanent record of the conditions accepted as part of this reclassification approval. This ordinance shall be binding upon the undersigned and his/her heirs, successors and assigns. Section 8. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 9. This Ordinance shall take effect upon publication as provided by law. Passed, approved and adopted this 18th day of Jun Attest: Kevi i S. Firnstahl; City Clerk Ric W". Jones Presiding Officer STATE OF IOWA CERTIFICATE of thie CITY CLERK ) 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. 20-19 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 20th day of June, 2018. K . in S. Firnstahl, C C, City Clerk � — ((( �. . - �• 1 ^� I)lilliiil!I� . ',+ aij�"'`�_�uz:�� ti � �� r.. ..,. � ♦ , r �'.� ''` •4 \ � \r \':��, "�. �� 1.� _ ` �. � � . � i � \ �— -- ,�`' n' }y*'+a�`� � ' . " � �� $ ��'� J 1�l `t� n'�.��' t ��"�`�� W ,;\ � � - �� `'� \\ � � ro . 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I Y^�:.J�.�t'w r.�Ls"...C�t1-�s'�,�` � �'L"y" � � � .. i/ ■�..C� ...'� ,d'�.GSY�s s. � �'." �_,. �u �. � T A � .- I L�.'i..__':�� .l.P..`2 , :i�.h�+��y��,�,�`. . . . ., : ,.. ..... _..: . , "E'!' . ..__ .. . .. _ � ''" EXHIBIT 2 Port of Dubuque PUD: Zone A �II��III� I "� Regulating Plan ° ,°°'°° ,°° "°R�" --�.,:,My.� The Port of Dubuque Master Plan Conceptual Development Plan f..---_,.._::.:� 4. Parking .. . .. ...—.�.-" Structure 3-4 Story mu�tt-�i:e fj Building4-55rory .... f. Retail,Offi<e,Watertron[Condos ....'4,�*4'.�.' r " id � �° F.ntmn<cicotures C! E r Service/Res'dential . �C��. _��i�� Roadway ---� �� @ 3-45ioryResdenhal � b� �.� l� .Slgna��rzcLxolRestnorant BuildingswithParking V515�� r !{r�!m�T„� „- � � withOntdooiClin�nnoil`I��.� on Lower Level �F � / �� ' BoulevardM�in— u1 � / Hoardw�lk � �,� � �� #+!�� " �rive , �.�€¢ /� ° � �IEoo��opTerrare NoiseWalls ;�'� �`'�� ,, .i i /� Waterbntlimql j « 7pORooms U520Hridge/ „� f� ✓' ,� IDOTROW i—Marnafrr iU1 t�il ParkinpAlorgflrniicvard �F* � � � 23story MainDnve , y�- 4 �+ . °' —Ibirntwl�c�tOmk��Sllps Along l3o r I valk Rountl A Boutwith ;. ,>5 � � 6 c �� Featore Element � = � �� ent Phn wll Sp ry Pad. GreatLawn/ -. �r � �� E � � ,� ! �� y- � �Ekislin6�� rirStr clireto 6reenspace �` � `'t_ '� � 4 � �.-�remnln. - - - '_— � � � iy , _- .._. :� - - '" s> b �c . , ' Pavllilion � V. '�/i . �� W ' i � ,�� , { : Water(ront Hotbnr I e�ture andFtness � /F �� '�`' G � t �� E9ulPment/� /� ^ / � �� I RounA-Al1��ntwNFeature ParkSpace �-Y�y% � ` / � . � I,�i;�-! F 1. l s �p y,.� . Element � � x ^/�i "S � n� x � �t �i_1�� '.iFi��i �\ - y\� � ra�i n aa � � �.�' g \ �, ��-' $ . � � i � ,�b� MRT a � ��' ��i ' � � [ ' t '_ � V� +��rJ� Potent�IPaduslrianBriAe � I \ .1 '`.> - '" �\ �l' �� \� perosvhr I Inrbnr g .' F ; � � � ��(16��.� __�_ � � ! L� � (. ■ L � t . , j� �; �,p,� �� LJ $�� L � ( � WarerlrontRrverFeature �i'rfr, � �' � -4.' a� ��E � .(,L � f' � �� WamrlrontPlaza � �£, �� u.�. �,� � _.. . .�.- \,\�� L ri , . ._:;-.- i.� � � \ � PnfentlalLar6e�oatDocks � "�a _ , s� _ _ , � ' � �__--- ---- . Gardens I caNre ��LLmmm... ; \ � � � \\\ WrgePavlllonandPlaygrovnd �� \__.__.- ----- ---�-BurdedFloodwall/MRTTrail [� EXHIBIT 3 Port of Dubuque PUD: Zone B SOUTH PORT OF DUBUQUE AREA WIDE USE PLAN NORTH Preferred Site Conce t Plan o soioo zoo � Conceptuai Development Plan p °a'7`u••f•• -- 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: June 22, 2018, and for which the charge is $196.91. Subscribed to before me a Notary Public in and for Dubuque County, Iowa, this day of , 20 /f . Notary Public in and for Dubuque County, Iowa. MARY K WESTERMEYER CommIsslon Number 154685 My Commisslun Exp. Pub, 1, 2020 TelegraphHerald.com•'Telegraph flOrald • Fnday,J A, Referenced hereinn as Exhibitfile i the. Planning.Service Depaftment.a•nd'made as part of this •zoning: re classification' by, refer- ence .is the Conceptual Development ` Plan for Zone A for the Port of Dubuque Riverfront Dis- trio It is .recognized that ` Minot shifts_ or modifications: to', _ the general plan layout'May 1 be necessary' .'and 'cofn- patibte with.the need, o r, acquire workradableestreanedt patterns gs usable build:ingsites F".•_B:.Refe'reheed herein as Exhibit 3, on file 4n rithe`;Planning:Services Department •pa. df,thi`'zoning classification by refer, ence is the Concepfual 'D'evelopnient`" Plat' :for Zone B for the Port o1 OFFICIAL Dubuque Riverfront Dis- ORDINANCE NO. 20 18 PUBLICATION trict It Is s, recognized that •'minor`' shifts ./;.or„ modifications to; the AN , ORDINANCE ener'ah Ian la` out may AMENOI14'1E'G, TITLE: 16 9 P, y O,E `CIT,1(>: OF' patible th, and coni; CODE , OF patifile withAtle need fo DUBUQUE.ac q uire. wor able; street i ORDINANCES '-UNIFIED;::,.q k d DEVELOPMENT ;C,O,DE patterns grades an, BY RFs INDING ORDI , ..usablefbuilding sites: ' ' NANCE 31-02 AND Section 3. Definitions! ADOPTING'A'NEW OR-' - The following definer DINANCE,WHICH P O tops shall apply.. fol q3i :: pU ose "'of this'±PUD VIDES,.,REGU FOR :.THE PORT,. OF Ordinance, in _addition I DUBUQUE fiUVER fo: Section 2 Definitions FRONT DISTRICT of. the Unified Develop' PLANNED UNIT.;_., DE--,,,ment Code. NIENT x PUD Indoor Restaurant: Any WITH1 f D - s esta lishment WITHA'>PC PLANNE ousines q COMMERCIAL.” -;:DESIGN, ;. r .;. ortion thereof NATION,., BY -ESTABr., .where,food;is prepared LISHING' NEW BOUND- for sale and consump'- ARIES + FOR ZONE- tioh'bn thtF :remises, in= AND =ZONE•,,. AND ''cludin allllsit-down DO Th,G f A ^,NEW restaurants,, where food CONCEPTUAL PLAN , and' ' beverage are served in non isposable NOW;'`THEREFORE,- BE container -and which IT ORDAINED BY THE . may involve • carryout CITY COUNCIL ,QF THE service and the serving CITY OF DUBUQUE, of beer, wine=and:alco IOWA:- ' ' ' q•` ` "` liolic bevereatgeason the Seetion 1. That Title.,, emeses of a limited Pr. 16 ;of the City rof< n ureas an accessor nat, Y i Dubuque Code of Ordi useto•the•restaurant. ; PORT OF DUBUQUE PROPERTY OWNERS AGENDA April 25, 2018 11 :00 a.m. National Mississippi River Museum & Aquarium 2"� Floor Conference Room 1. Update on Projects/Property - NMRMA - GRC - Grand Harbor - City o Revision of the Port of Dubuque Zoning Regulations for a new South Port concept plan (By: Planning Services Manager, Laura Carstens) c Update on Marina Management (By: Recreation Division Manager, Dan Kroger) 2 Special Events at Port of Dubuque . America's River Festival — June 8-June 9, 2018 • Corporate & Community Games — June 22, 2018 • Lighted Boat Parade — August 4, 20�8 Events nof confirmed (includinp the date it was held in 2017): • Irish Hooley— August 26, 2017 (2018 not confirmed yet their website "save the date" is August 25, 2018 at Dubuque Star Brewery) . Food & Wine Festival — November 4, 2017 . Taste of Dubuque —August 3, 2017 FYI oii nrerim�r eoent hcld irt !he Por't: • March for Babies — April 28, 2018 (Not scheduled in the Port of Dubuque in 2018) (Scheduled for Bergfeld Pond area west-side of Dubuque) I PORT OF DUBUQUE PROPERTY OWNERS AGENDA April 25, 2018 11 :00 a.m. National Mississippi River Museum & Aquarium 2n° Floor Conference Room Cori Burbach — City of Dubuque Laura Carstens — City of Dubuque Carrie Stier - Twilight Dan Kroger — Marina/City of Dubuque Kurt Strand-NMRMA Delbert Uhlick - Gavilon RDR (?) - Newt Marina Carter Newt - Newt Marina Jim Marshall - Flexsteel 1. Update on Projects/Property - NMRMA. o Davinci exhibit opens May 12. Special Saturday afternoon exhibits that Davinici was connecled to. Working on campus plan, focusing on STEAM themes and campus upkeep. - Grand River Center o NE parking lot is being torn up now. - Grand Harbor o No updates - City c Revision of the Port of Dubuque Zoning Regulations for a new South Port concept plan (By: Planning Services Manager, Laura Carstens). • Planning Services is working on amendment to Port of Dubuque mning regulations. Since then, a new plan has been developed for the Soulh Plan. No changes to North Port plan. South Port would have new plan reflecting public input process. The proposed plan will be brought forvvard in June, so there's opportunity for input. � No other changes to PUD are proposed. • June 6 Zoning Commission meeting • The group had no concems with the proposal as presented. o Update on Marina Management (By: Recreation Division Manager, Dan Kroger). • Dan will be interim manager as we evaluate the position and future opportunities for staffing. Pianning to do 1 or 2 movies on the greenspace next to the hotel - dates to be determined. • 12 seasonal 30 ft seasonal slips are available for rental at the Marina this year. Proposal was accepted by Ciry Council, after staff consulied with local private marinas. Lots of interest, but none are currently reserved at $1800/year. Lots of interest to reserve for next year. 2. Special Events at Port of Dubuque • America's River Fesiival — June 8-June 9, 2018 MARK - UP Prepared by: Laura Carstens Citv Planner Address: Citv Hall 50 W. 13th St. Telephone: 589-4210 Return to: Kevin S. Flrnstahl Citv Clerk Address: Citv Hall-50 W. 13'h St Telephone: 589-4121 ORDINANCE NO. -18 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES UNIFIED DEVELOPMENT CODE BY RESCINDING ORDINANCE 31-02 AND ADOPTING A NEW ORDINANCE WHICH PROVIDES REGULATIONS FOR THE PORT OF DUBUQUE RIVERFRONT DISTRICT PLANNED UNIT DEVELOPMENT (PUD) WITH A PC PLANNED COMMERCIAL DESIGNATION, BY ESTABLISHING NEW BOUNDARIES FOR ZONE A AND ZONE B AND ADOPTING A NEW CONCEPTUAL PLAN FOR ZONE B NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 . That Titie 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is hereby amended by rescinding Ordinance No.31-02 and adopting a new ordinance which provides regulations for the Port of Dubuque Riverfront District Planned Unit Development PUD with a PC Planned Commercial designation by establishing new boundaries for Zone A and Zone B, and adopting a new conceptual development pian for Zone B, a copy of which is attached to and made a part hereof (Exhibit 3), for property as stated below, to wit: As shown in Exhibit 1 , all in the City of Dubuque, lowa. Section 2. Conceptual Development Plans A. Referenced herein as Exhibit 2, on file in the Planning Services Department and made a part of this zoning reclassification by reference is the Conceptual Development Plan for Zone A for the Port of Dubuque Riverfront District. It is recognized that minor shifts or modifications to the general plan layout may be necessary and compatible with the need to acquire workabie street patterns, grades and usabie building sites. Port of Dubuque Riverfront District PUD Page 2 Ordinance No. — 18 B. Referenced herein as Exhibit 3, on file in the Pianning Services Department and made a part of this zoning reclassification by reference is the Conceptual Development Plan for Zone B for the Port of Dubuque Riverfront District. 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. Section 3. Definitions: The following definitions shall apply for purposes of this PUD Ordinance, in addition to Section 2 Definitions of the Unified Development Code. Indoor Restaurant: Any business establishment or portion thereof where food is prepared for sale and consumption on the premises, including all sit-down restaurants, where food and beverage are served in nondisposable containers and which may involve carryout service and the serving of beer, wine and alcoholic beverages on the premises of a limited nature as an accessory use to the restaurant. Nightclub: An establishment dispensing beer, wine, and alcoholic beverages on the premises in which music, dancing, or entertainment is conducted. Offrce/Showroom: A product display or showroom facility with two primary uses: office and showroom/display space. Storage, light assembly or shipping and receiving may occupy no more than 20 percent, and office use may occupy no more than 75 percent of the facility's gross floor area. Theme Restaurant: Any business establishment or portion thereof with an historical, architectural, cultural, or similar general theme, where food is prepared. for sale for consumption on-site in a cafe or al fresco setting, off the premises andlor served in disposable containers or wrappers, including fast food restaurants having a carryout service, and where beer, wine, or alcoholic beverages are not served. Theme Convenience Store with Subordinate Gas Station: Any retail establishment with an historical, architectural, cuitural, corner grocery or similar general theme, where food is prepared for sale for consumption on-site in a deli or cafe setting, and also offering for sale prepackaged food products, household items, newspapers and magazines, and sandwiches and other freshly prepared foods such as salads, for off-site consumption, and the sale of gas or other vehicular fuels subordinate to the principal use of the theme convenience store. Section 4. General Provisions for Zone A A. Geoqraphic Area: Zone A shall be the geographic area designated as "Zone A" on Exhibit 1. Port of Dubuque Riverfront District PUD Page 3 Ordinance No. — 18 B. Use Requlations for Zone A 1. Principal Permitted uses: a. Antique Shops b. Aquariums c. Bars/nightdubs d. Bookstores e. Boutique hotels or bed & breakfast inns f. Cinemas/theaters g. Coffee shops h. Condominiums i. Conference and education centers j. Copy centers k. Dry cleaners I. Excursion services m. F�^,.�, �o^'�^ ,p;;ag Gambling facility licensed by the State of lowa n. General offices o. Hotels p. Indoor and outdoor recreational facilities q. Indoor restaurants r. Marinas/pleasure craft harbors s. Medical and professional offices t. Microbreweries u. Multi-family residential dweilings v. Museums w. Office/showrooms x. Parking structures y. Personal services z. Public parks/plazas aa. Public or quasi-public utilities bb. Public transit/comfort stations cc. Residential dwelling units above the first floor dd. Retail sales and services ee. Theme convenience stores with subordinate gas stations ff. Theme restaurants 2. Prohibited Uses: a. Outdoor golf courses and outdoor golf practice facilities, except miniature golf. b. Cellular communication towers. Port of Dubuque Riverfront District PUD Page 4 Ordinance No. — 18 c. Telecommunication processing and relay centers — i.e., "telecom hotels." d. Adult entertainment establishment, as defined in Chapter 8 of the City Code. e. Industrial laundry and dry-cleaning plants. f. Pawn shops. g. New car and truck sales. h. Used vehicle sales and service. i. Resale shops. j. Drive-thru facilities, except drive-up automated teller machines. k. Stand-alone gas stations. I. Vehicle fabrication/assembly/repair/body shops. m. Tattoo parlors and body piercing shops. 3. Permitted Conditional uses: a. Group day care centers, subject to state and local regulations and provided that: 1 . Such facility shail be located within an office, commercial or residential building or s an accessory structure on the same lot. 2. Such facility shall provide for the loading and unloading of children so as not to obstruct public streets, nor create traffic or safety hazards; and 3. All licenses have been issued or have been applied for awaiting the outcome of the Board's decision. b. Drive-up automated teller machines, provided that: 1. Ingress, egress, and traffic flow shall be acceptable to the City site plan review team; and 2. Opaque screening shali be provided for adjacent residential uses. Port of Dubuque Riverfront District PUD Page 5 Ordinance No. — 18 4. Permitted Accessory Uses: Any use customarily incidental and subordinate to the principal use it serves. 5. Permitted Temporary Uses: Any use of a limited duration as defined in Section 2 Definitions of the Unified Development Code, subject to the conditions set forth in Section 16-3-19 Temporary Uses of the Unified Development Code. C. Conceptual Development Plan and Performance Standards for New Development, Change in Use, and Expansion and Reconstruction of Existing Uses in Zone A. 1. Conceptual Development Plan: In Zone A, the Regulating Plan adopted on March 4, 2002, as part of the Port of Dubuque Master Pian, shali serve as the conceptual development plan, a copy of which is attached to and made a part hereof as Exhibit A. 2. PerFormance Standards: In Zone A, the Design Standards adopted on March 4, 2002, as part of the Port of Dubuque Master Plan shall apply to all new development, change in use, and expansion of existing uses. Section 5. General Provisions of Zone B. A. Geoqraphic Area: Zone B shall be the geographic area designated as "Zone B" on Exhibit 1. 1 . Permitted Principal Uses: a. Antique Shops b. Aquariums c. Bars/nightclubs d. Bookstores e. Boutique hotels or bed & breakfast inns f. Cinemas/theaters g. Coffee shops h. Condominiums i. Conference and education centers j. Copy centers k. Dry cieaners I. Excursion services m. €�sie�a�g Gambling facility licensed by the State of lowa n. General offices o. Hotels p. Indoor and outdoor recreational facilities Port of Dubuque Riverfront District PUD Page 6 Ordinance No. — 18 q. Indoor restaurants r. Marinas/pleasure craft harbors s. Medical and professional offices t. Microbreweries u. Multi-family residential dwellings v. Museums w. Office/showrooms x. Parking structures y. Personal services z. Public parks/plazas aa. Public or quasi-public utilities bb. Public transit/comfort stations cc. Residential dwelling units above the first floor dd. Retail sales and services ee. Theme convenience stores with subordinate gas stations ff. Theme restaurants 2. Prohibited Uses: a. Outdoor golf courses and outdoor golf practice facilities, except miniature golf. b. Cellular communication towers. c. Telecommunication processing and relay centers — i.e., "telecom hotels." d. Adult entertainment establishment, as defined in Chapter 8 of the City Code. e. Industriai laundry and dry-cleaning plants. f. Pawn shops. g. New car and truck sales. h. Used vehicie sales and service. i. Resale shops. j. Drive-thru facilities, except drive-up automated teller machines. k. Stand-alone gas stations. I. Vehicle fabrication/assembly/repair/body shops. m. Tattoo parlors and body piercing shops. Port of Dubuque Riverfront District PUD Page 7 Ordinance No. — 18 4. Permitted Conditional uses: a. Group day care centers, subject to state and local regulations and provided that: 1. Such facility shall be located within an office, commercial or residential building or s an accessory structure on the same lot. 2. The parking requirements can be met. 3. Such facility shall provide for the loading and unloading of children so as not to obstruct public streets, nor create traffic or safety hazards; and 4. All licenses have been issues or have been applied for awaiting the outcome of the Board's decision. b. Drive-up automated teller machines, provided that: 1 . Ingress, egress, and traffic flow shall be acceptable to the City site plan review team; 2. The parking requirements can be met; and 3. Opaque screening shall be provided for adjacent residential uses. 4. Permitted Accessory Uses: Any use customarily incidental and subordinate to the principal use it serves. 5. Permitted Temporary Uses: Any use of a limited duration as defined in Section 2 Definitions of the Unified Development Code, subject to the conditions set forth in Section 16-3-19 Temporary Uses of the Unified Development Code. C. Conceptual Development Plan and Performance Standards for New Development Chanqe in Use and Exqansion and Reconstruction of Existinq Uses in Zone B. 1 . Conceptual Development Plan: In Zone B, the Preferred Site Concept Plan of the South Port Area Wide Use Plan adopted on October 2, 2017, shall serve as the conceptual development plan, a copy of which is attached to and made a part hereof as Exhibit 3. Port of Dubuque Riverfront District PUD Page 8 Ordinance No. — 18 2. New Development, Change in Use and Expansion of Existing Uses: In Zone B, the Design Standards adopted on March 4, 2002, as part of the Port of Dubuque Master Plan shail apply to all new development, change in use, and expansion of existing uses.' 3. Reconstruction of Existing Uses: In Zone B, the Design Standards adopted on March 4, 2002, as part of the Port of Dubuque Master Plan shall apply in the event of reconstruction of an existing use after destruction by more than fifty percent (50%) of the replacement cost at the time of the destruction. In the event of destruction of an existing use by less than fifty percent (50%) of the replacement cost at the time of destruction, it may only be reconstructed if such reconstruction does not increase the degree of nonconformity that existing prior to destruction. 4. Construction of New Parking Lots: In Zone B, construction of any new parking lot shall comply with the Design Standards adopted on March 4, 2002, as part of the Port of Dubuque Master Plan. 5. Expansion of Existing Parking Lots: In Zone B, the expansion of an existing parking lot for an existing use shall not constitute the requirement to comply with the Design Standards adopted on March 4, 2002, as pari of the Port of Dubuque Master Pian. Hov✓ever, the expansion of an existing parking lot in Zone B shall comply with Section 14 Parking, Section 12 Site Plans and Section 13-4 Landscaping and Screening Requirements of the Unified Development Code. 6. Outdoor Storage — New Development, Change in Use and Expansion of Existing Uses: Outdoor storage of any kind, inciuding vehicles, raw materials, etc. is prohibited in Zone B for all new development, change in use, and expansion of existing uses. Seasonal equipment, supplies, etc. shall be either stored �vithin each facility or within a permanent accessory structure. 7. Outdoor Storage — Reconstruction of Existing Uses: Outdoor storage of any kind, including vehicles, raw materials, etc. is prohibited in Zone B in the event of reconstruction of an existing use after destruction by more than fifty percent (50%) of the replacement cost at the time of destruction. Seasonal equipment, supplies, etc. shall be either stored within each facility or within a permanent accessory structure. In the event of destruction of an existing use by Iess than fifty percent (50%) of the replacement cost at the time of destruction, outdoor storage shall be subject to the provisions of Section 5.D. of this PUD Ordinance. D. Performance Standards for Existinq Uses in Zone B Port of Dubuque Riverfront District PUD Page 9 Ordinance No. — 18 1 . Nonconformities: If an existing use in Zone B is not listed in Section 5.B. Permitted Uses of this PUD Ordinance at the time of adoption of Ordinance No. 31-02 (April 15, 2002), it shall be considered a non-conforming use in accordance with Section 4 Nonconformities of the Unified Development Code. It is recognized that lawful nonconformities may substantially and adversely impact the orderly development, maintenance, use and taxable value of other properties in this PUD District. To secure eventual conformance with the o,,.+ ,.r n ti „ o nn��o.,o;;;; South Port Area Wide Use Plan adopted on October 2, 2017, and the Design Standards adopted on March 4, 2002, as part of the Port of Dubuque Master Plan, nonconforming uses existing in Zone B at the time of adoption of Ordinance No. 31-02 may continue subject to the provisions of this ordinance, but may not expand in gross floor area nor change in use from one nonconforming use to another nonconforming use. 2. 5ign Regulations: The provisions of the Unified Development Code Section 15 Sign Regulations shall apply in Zone B unless further regulated by this section. a. Nonconforming signs: Any existing sign in Zone B that is not in compliance with the Design Standards adopted on March 4, 2002, as part of the Port of Dubuque Master Plan shall be considered a nonconforming sign in accordance with Section 15-14 Nonconforming Signs of the Unified Development Code. b. New Signs: The installation of any new signs for an existing use in Zone B shall be in accordance with the Design Standards adopted on March 4, 2002, as part of the Port of Dubuque Master Plan. c. Comprehensive Sign Program: A comprehensive sign program shall be developed in Zone B for the installation of new signs and for any alteration, improvement or other change of nonconforming signs for existing individual businesses or buildings, or for buildings which house more than one business, in accordance with the Design Standards adopted on March 4, 2002, as part of the Port of Dubuque Master Plan. d. Prohibited signs: The following types of signs are prohibited in Zone B. Any existing sign in Zone B that falls into one or more of the following categories of prohibited signs shall be considered a nonconforming sign. 1. Pole, pylon, or freestanding signs 2. Billboards 3. Internally illuminated awnings 4. Portable signs 5. Search lights Port of Dubuque Riverfront District PUD Page 8 Ordinance No. — 18 2. New Development, Change in Use and Expansion of Existing Uses: In Zone B, the Design Standards adopted on March 4, 2002, as part of the Port of Dubuque Master Plan shall apply to all new development, change in use, and expansion of existing uses.' 3. Reconstruction of Existing Uses: In Zone B, the Design Standards adopted on March 4, 2002, as part of the Port of Dubuque Master Plan shall apply in the event of reconstruction of an existing use after destruction by more than fifty percent (50%) of the replacement cost at the time of the destruction. In the event of destruction of an existing use by less than fifty percent (50%) of the replacement cost at the time of destruction, it may only be reconstructed if such reconstruction does not increase the tlegree of nonconformity that existing prior to destruction. 4. Construction of New Parking Lots: In Zone B, construction of any new parking lot shall comply with the Design Standards adopted on March 4, 2002, as part of the Port of Dubuque Master Plan. 5. Expansion of Existing Parking Lots: In Zone B, the expansion of an existing parking lot for an existing use shall not constitute the requirement to comply with the Design Standards adopted on March 4, 2002, as part of the Port oi Dubuque Master Plan. However, the expansion of an existing parking lot in Zone B shall comply with Section 14 Parking, Section 12 Site Plans and Section 13-4 Landscaping and Screening Requirements of the Unified Development Code. 6. Outdoor Storage — New Development, Change in Use and Expansion of Existing Uses: Outdoor storage of any kind, including vehicles, ra4v materials, etc. is prohibited in Zone B for all new development, change in use, and expansion of existing uses. Seasonal equipment, supplies, etc. shall be either stored within each facility or within a permanent accessory structure. 7. Outdoor Storage — Reconstruction of Existing Uses: Outdoor storage of any kind, including vehicles, raw materials, etc. is prohibited in Zone B in the event of reconstruction of an existing use after destruction by more than fifty percent (50%) of the replacement cost at the time of destruction. Seasonal equipment, supplies, etc. shall be either stored within each facility or within a permanent accessory structure. In the event of destruction of an existing use by less than fifty percent (50%) of the replacement cost at the time of destruction, outdoor storage shall be subject to the provisions of Section 5.D. of this PUD Ordinance. D. Performance Standards for Existinq Uses in Zone B Port of Dubuque Riverfront District PUD Page 11 Ordinance No. — 18 Ordinance No. 31-02, and shall be implemented according to the following schedule: 0 — 24 months Conduct property review meeting with Planning Services Department. 24-48 months Submit necessary plans and information describing compliance plans and improvements to the Planning Services Department. 48-60 months Complete necessary modifications and improvements. E. Variance and Appeal Process. In Zone B, requests for variances from the regulations of this PUD ordinance, unless expressly prohibited by this PUD Ordinance, and appeals of their interpretation by City staff shall be filed in accordance with Section 5-3 Zoning Board of Adjustment of the Unified Development Code. Section 6. Transfer of Ownership. Transfer of ownership or lease of property in this PUD District shall include the transfer or lease agreement a provision that the purchaser or lessee acknowledges awareness of the conditions authorizing the establishment of the district. Section 7. Recording. A copy of this PUD ordinance shall be recorded at the expense of the City of Dubuque with the Dubuque County Recorder as a permanent record of the conditions accepted as part of this reclassification approvai. This ordinance shall be binding upon the undersigned and his/her heirs, successors and assigns. Section 8. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, lowa. Section 9. This Ordinance shall take effect upon publication as provided by law. Passed, approved and adopted this day of 2018. Roy D. Buol, Mayor Attest: Port of Dubuque Riverfront District PUD Page 12 Ordinance No. — 18 Kevin S. Firnstahl, City Clerk \ � EXHIBIT 1 Port of Dubuque > PUD , � � , , � � � , , � � �� 1 ; ,, �---_- �, � ' �.�,.�;. .:�.. ::.y� /� , � �Y , i r � �O T� �O ` `� f f f I ; ' � �- �i \�.��` r� I `,� ' -,� J ;�� \\ \\ ,�`', 4 ' �D \_ \ i % ' �t^`� � i ; "`-e"�� `/ � `\ F ' �. -;;� i I �_t :� i � � �° � � �� ' =- �I � I i 1 � �— � � `- - ' - - ; - - -, - � �` I` PU '\ — , Port of Dubuque D � � ;, '� ; � Zone A , t � , . ;, , . � � �� - �� j Zone B \ j ` ` .`.. Q "..._�_I-' IL � � `p r, City Limits , ' � � ' ' :'. La��a-r__s n�i \ �i � — ((( �. . - �• 1 ^� I)lilliiil!I� . ',+ aij�"'`�_�uz:�� ti � �� r.. ..,. � ♦ , r �'.� ''` •4 \ � \r \':��, "�. �� 1.� _ ` �. � � . � i � \ �— -- ,�`' n' }y*'+a�`� � ' . " � �� $ ��'� J 1�l `t� n'�.��' t ��"�`�� W ,;\ � � - �� `'� \\ � � ro . ' . _ ~' � *,'�\ � -, �y 6t,� "' . `" , � i�} , � ,`; � '� ` �: r. � V � �� , � �. r� ��`J,.� � �" \ . .i' `�J ��,��T�\\ ,�� \ \� ��` ,(� ��.� / ` ��- .. �" .��4?� '� t 1� i� . �. + .,,�\,�., ,, \ e`�.:.(- . 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'� �``�- ` , �. , � �»�, � � ,. � .� �✓ ��.,, ,�-t � � 14. � � S O ti ��'a ` *, ✓ ' . i i .� 1'fA� a � ��i .�' �`y�^�y 9, �)� �/ �'ti � / ♦ ' s� , ' I ^ � � � �� i i ' T I�x� �� : P�%� �� z ,� ,f�,9�j'�'`, ` � � �'/s � P�'! �. _ . /�� ' � 1$. � I� � Y�.l� ��r . i � '�,� / k.� �, � '. , � _ i �� 1_ n / eq�, 1 / �� /' / � I , � 5 �.. ,"" 3� // % � �,. �Ng,�y i 1�: �� $� 19 I �� un�. 6 !y' z � ✓ ",�> Jv��' � � . ,. j 4'^� � • a ,+ �� / i ' f � . .,. � ��/ .�� I.�.n�i�e,rri-! m+r:� � /.j�,/�� '�'��d�Yh. �C�/��i 5�'� YZ,:y� '�' I� I � �EG ' � � i ' � K^",J : 17. � 165��. "' �. �`� � ��'�.r'^�.' � � 4 p �i , � � � � �� ` l�� , ,� � � � ... i � i�ei .� �. ! � �+. „ � �.y4'. � ��,�a. �.X,Y '� � ti fk S � . . � - � '�..��'� ��.r�e��T yfal�. � �,"� 5 •�i`�S a x �� .y.� o '! .. �,p ��: r a �_ x �� '�� eF"sj� e .. �� P" f '.�q� .%�n� � � n� �� t �- � . Fa �� i. GYW[A. A L � � . �'b �n 4 '��l • L� �i•i . Y�S� .� . . . n� �y t L � / -�n � � C II �! .��'�A'ahv,...�?�JSsS a . ;�,. O�J � S � i� :�{,' ��wr'�'.'.'M�.� �� 4 t c '^"^k9�f!.� .�^{s S � � .0 " ,> :.ry«�, " : '�� "'�'/ �M �"' It:�S �1 �I.� � ��.5+.�., t�i i�`�g�ta �" 1^a� Pi'�y ��' �. �.irf '� 'i . - � � ��sK.uGS��tJ�,.� �� -��''F' � '.A 'Y�f+ ��"ri'��`�$� ��, � +!' El� � y�p�� ,� x� �' �) d .: '�µ x-�+d' X t } b",q'W .�1�� : � { ,.i��s I�}� .. � � . .' ��'� 7 �f�P � �7 / ,� ��._ �. � , �y ' ry I 1 "�� \ �„� {� 'vS '+�,�1t"�)�N . � `r�14�� , ��\,y �/�\ -'� � � �'�,^yS k�� i ".,'b.,��..,h�e��C�� + - ~ -`I �,. �\ i� fi� � ,`� • T � p _ "�ex..X„ 's,R' . FHik�j�: �,tsg,�c�l I �`'' _C„ , e . . rC^�. '. c'N 9.:Cff'2l'9 4 . h�� '+n.+Wu�a �� L _ Lii•_.��, ipl:l I.ii'c-i . �� R�r � / ,. I Y^�:.J�.�t'w r.�Ls"...C�t1-�s'�,�` � �'L"y" � � � .. i/ ■�..C� ...'� ,d'�.GSY�s s. � �'." �_,. �u �. � T A � .- I L�.'i..__':�� .l.P..`2 , :i�.h�+��y��,�,�`. . . . ., : ,.. ..... _..: . , "E'!' . ..__ .. . .. _ � ''" EXHIBIT 2 Port of Dubuque PUD: Zone A �II��III� I "� Regulating Plan ° ,°°'°° ,°° "°R�" --�.,:,My.� The Port of Dubuque Master Plan Conceptual Development Plan f..---_,.._::.:� 4. Parking .. . .. ...—.�.-" Structure 3-4 Story mu�tt-�i:e fj Building4-55rory .... f. Retail,Offi<e,Watertron[Condos ....'4,�*4'.�.' r " id � �° F.ntmn<cicotures C! E r Service/Res'dential . �C��. _��i�� Roadway ---� �� @ 3-45ioryResdenhal � b� �.� l� .Slgna��rzcLxolRestnorant BuildingswithParking V515�� r !{r�!m�T„� „- � � withOntdooiClin�nnoil`I��.� on Lower Level �F � / �� ' BoulevardM�in— u1 � / Hoardw�lk � �,� � �� #+!�� " �rive , �.�€¢ /� ° � �IEoo��opTerrare NoiseWalls ;�'� �`'�� ,, .i i /� Waterbntlimql j « 7pORooms U520Hridge/ „� f� ✓' ,� IDOTROW i—Marnafrr iU1 t�il ParkinpAlorgflrniicvard �F* � � � 23story MainDnve , y�- 4 �+ . °' —Ibirntwl�c�tOmk��Sllps Along l3o r I valk Rountl A Boutwith ;. ,>5 � � 6 c �� Featore Element � = � �� ent Phn wll Sp ry Pad. GreatLawn/ -. �r � �� E � � ,� ! �� y- � �Ekislin6�� rirStr clireto 6reenspace �` � `'t_ '� � 4 � �.-�remnln. - - - '_— � � � iy , _- .._. :� - - '" s> b �c . , ' Pavllilion � V. '�/i . �� W ' i � ,�� , { : Water(ront Hotbnr I e�ture andFtness � /F �� '�`' G � t �� E9ulPment/� /� ^ / � �� I RounA-Al1��ntwNFeature ParkSpace �-Y�y% � ` / � . � I,�i;�-! F 1. l s �p y,.� . Element � � x ^/�i "S � n� x � �t �i_1�� '.iFi��i �\ - y\� � ra�i n aa � � �.�' g \ �, ��-' $ . � � i � ,�b� MRT a � ��' ��i ' � � [ ' t '_ � V� +��rJ� Potent�IPaduslrianBriAe � I \ .1 '`.> - '" �\ �l' �� \� perosvhr I Inrbnr g .' F ; � � � ��(16��.� __�_ � � ! L� � (. ■ L � t . , j� �; �,p,� �� LJ $�� L � ( � WarerlrontRrverFeature �i'rfr, � �' � -4.' a� ��E � .(,L � f' � �� WamrlrontPlaza � �£, �� u.�. �,� � _.. . .�.- \,\�� L ri , . ._:;-.- i.� � � \ � PnfentlalLar6e�oatDocks � "�a _ , s� _ _ , � ' � �__--- ---- . Gardens I caNre ��LLmmm... ; \ � � � \\\ WrgePavlllonandPlaygrovnd �� \__.__.- ----- ---�-BurdedFloodwall/MRTTrail [� EXHIBIT 3 Port of Dubuque PUD: Zone B SOUTH PORT OF DUBUQUE AREA WIDE USE PLAN NORTH Preferred Site Conce t Plan o soioo zoo � Conceptuai Development Plan p °a'7`u••f•• -- 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: June 08, 2018, and for which the charge is $26.14. Subscribed to before me, . Notary Public in and for Dubuque County, Iowa, this /„,lz 4 day of , 20 l8" . CITY OF DUBUQUE, IOWA. OFFICIAL NOTICE". NOTICE isthereby giv- en that -the Dubuque City -Council f:will-:con- duct public hearings at a rdeeting' , to com- mence ,at,6:00' p.m. on Monday; June 18, 018, Building, second floor, 1350,West.6th Street on i tl eJollo in Rezonmys kequest:y by Royal Oaks /!Michael Weber to rezone 18 23 acres in S,ih er Oaks Estates from county to ,R-3 Moderate Density Mu.l ti-Farnily t Residential District,ih con]uneti•on with annexaHonato the City of Dubuque > '< Reciuest from Koran& Sean' SchtWer / Holy Spirit Parish $o rezOne appjroximateiy acres of ',Holy Spirit Parish' property ir} the 2900 `Block of DaVen- port "Street feats Single Family Residen- tial Zoning' Distrrcf''to AG •Agricultural Zoning District `with' condi-_ tions. Planned;. Unit Devel opment '•1 , 1,;(PUD) Amendments; Request' from Cityof Dubuque to amend the Port :of. Dubuque plan- ned ,Unit,,;Development District' f by adjusting boundaries ofoZone A and Zone Band refer- ence•a, new Conceptual Development Plan for Zone B Copies of, supporting documents" for the pub- lic hearings are on file in the .City4Cierk's':Qf- in the Historic Federal Notary Public in and for Dubuque County, Iowa. City Hall,' 50 W. St,STIDObuque, lowgii, and may be viewed during normal working hours;: Written comments re; ardiid the' abovefpub- tic,Fhearmgs .;may _,' be sube'iitted to the City lerk's Office on or be- dre`"said time of public sear hg4 At said • time ., ce of .public I earings'ali ;interested citizens and >;parties will, be given: an oppor tunity to be, heard for of'against said propos ' al Any visual orihearing-, impaired persons need ingI'special'assistance or..persons,,'Mth special accessibility needs should,contact-the City Clerks Office; (563) 589-4100 or' TDD,.(563) 690-6678 at, least j48 hours prior, ,•to, the meeting Kevin S. Firnstahl CMC City Clerk,__.; 1t.6/8 ,0I.d MARY K WESTERMEYER Commission Number 154885 My Commission Exp. Feb. 1, 2020