The URL can be used to link to this page

Request to Rezone - 255 John F. Kennedy Road_Shopko Outlot PUD_Hearing Copyrighted July 16, 2018 City of Dubuque Public Hearings # 3. ITEM TITLE: Request to Rezone -255 John F. Kennedy Road SUMMARY: Proof of publication on notice of public hearing to consider approval of a request from Key City Investment Company/ Georgie rannias to amend the ShopKo PUD Planned Unit Development Zoning District located at 255 JFK Road to allow development of an out lot 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 Ordinance 61-89 and 14-99 which established regulations for the ShopKo PUD Planned Unit Development District with a Planned Commercial Designation and now being amended to allow for the development of an out-lot building. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion A ATTACHMENTS: Description Type ZAC letter Staff Memo Applicant material Supporting Documentation Vicinity map Supporting Documentation Staff material Supporting Documentation Ordinance Ordinance Suggested Nbtion Wording Supporting Documentation P1niulutg Services Dep�rtment Ciry Hall Dubu ue � q I 50 West 13��Sh�eet THE CTTY OP Dubuque,IA 5200Y-4863 19�� (563)589-4210 phone ��l.! L �� ,� � (563)589-4221 fax (563)690-6678 TDD I planning�cityofdubuque.org Masterpiece on the Mississippi 30�-zou 2013�2017 July 9, 2018 i The Honorable Mayor and City Council Members �' City of Dubuque City Hall — 50 W. 13�h Street DubuquelA 52001 i Applicant: Georgie Yiannias Location: 255 John F. Kennedy Road Description: To rezone with 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 The applicanYs representative, Steve Moore, spoke in favor of the request, reviewing the location of the property, requested amendment to the existing Planned Unit Development and that the proposed 5,000 square foot building would be built in the northern portion of the lot. Staff reviewed the staff report, noting that the property was originally developed under the 1934 Zoning Ordinance as a Zayre Department Store in 1972. The property was rezoned in 1989 as part of the store's conversion to a Venture Store. The PUD was amended in 1999 as part of the store's conversion to a ShopKo. Staff reviewed that the current amendment allows for the construction of a new out lot building and provides more flexible PUD regulations to facilitate redevelopment of the property. Staff noted there is adequate off-street parking existing to accommodate the increased demand of a new building even with the loss of parking spaces where the new building will be constructed. There were no public comments. The Zonin Adviso Commission discussed the re uest reviewin available off-s r g ry q g t eet parking, surrounding zoning and availability of City utilities. Recommendation By a vote of 6 to 0, the Zoning Advisory Commission recommends that the City Council approve the request. Service People Inlegrity Responsibility Hmovatlon Teamwork The Honorable Mayor and City Council Members I Page 2 I I I A simple majority vote is needed for the City Council to approve the request. Respectfully submitted, I � /�r�/l,/ � Thomas Henschel, Chairperson Zoning Advisory Commission i Attachments � cc Gus Psihoyos, City Engineer � I � i i Service Pcoplc Integrity Responsibili[y Innovaflon Teamvvork o�b�q� City of Dubuque Tfis cn�Y oF � Plannin9 Services Department D�� Dubuque, tA 52001-4845 � �� Phone: 563-589-4210 Fax: 563-589-4221 Mnsterpiece u�� flie Missiesippi �°°''°" :o„�:o�, planninqC�citvofdubuoue oro PLAiVNING APPLICATION FORM 'i ❑Variance ❑Preliminary Plat ❑Simpie Su6division ❑Certificate of Appropriateness I ❑Conditional Use Permit ❑Major Final Plat ❑Text Amendment �Advisory Design Review(Public Projects) � QAppeal ❑Minor Pinai Plat ❑Temporary Use Permit ❑Certificate of Economic Non-Viability ❑Special Exception ❑Siinp�e Site Plan ❑Annexation ❑Historic Designation ❑Limited Setback Waiver ❑Minor Site Pian ❑Historic Revolving Loan ❑D2molition ��fRezoning/PUD/ID ❑Major Site Plan ❑Historic Housing Grant ❑Port of Dubuquz Design Review Please tvue or print leaiblv in ink Propertyowner(s): �« y CIT�I � �1fU�Stf�'�L/t/ I C(? �phone: bl�- db`�7�r�✓� Address:'I 3 I K ��.,�r ,��- cr�:��/6 c/i�c�,.g,/< state:�z�P: -�s-Y�z y Fax#: Cell u: �I�'-�I�`I� �y8� E-mail: �1L�p in n��AS l'� RMc� ��,v� r�pplicant/Agent: ._ � J r Phone: �!l Z '�Q< 9-%�!�z Address: J!`�� `�� / 1�Z�� City:�/�,�,(p� lQij.�L State:/�_Zip:.�S4�2�F - v-- Fax z:—_!� cell :�: (�/2 - (s G 5'�Z�-(°rl_E-m,il: �la.�vi ias E� �.v�.utc•� co� Site location/address: �� f r�� cl, P12ighborhood Association: _ Existing zoning: PU D Proposed zoning:_ �//? District: �/R Landmark: � Yes � No Legal Desa�iption (Sidwell parcel ID# or lot num6er/block number/subdivision): �o�' �"� �antti�S �(.aC� Total property Qot)area (square feet or acres): vZ $ S� �{Nq �o �f, 1 P -1— i��/1�� i- / V� Describe proposal and reason necessary(attach a le[ter of ex lanation, if needed`: , � ef!� _�C.r'T�\f.re C�CV G�e e��-c.e�y�- � O.li � l��(M�� y H�ur� �� e}c S� „r P��.YJ 2��.r1�.[r.,.,c . �_— "�r CERTIFICATION: I/we, the undersigned, do hereby certiFy/acknoeviedge that: i. It is the property owner's responsibility to bcate property lines and to review the abstract for easements and restrictive covenants. 2. The information submitted herein is true and correct to the best oF my/our knowledge and upon submittal bemmes public record; 3. Fees are not reFundabie and payment does not guarantee approval; and 4. All additional required written and graphic materials are attached. � L i �ropertyOvvner(sj: ' /�V �//(.(Q � �jate: �' Z / - /o _ _ I Applicant/Agent: _._ , Daie: S- 7.( - (� -- --- FOR OPFICE USE ONLY-APPLICATION SUBMI77AL CHECKLIST I� PG�� .yFee� 0�• �eceived by: ` Date: SL�• �ppocket: _ CreB J� /` c�,,,a i WH�;KtK UKIVt ._ ._ -- -- - - . I i r fl S • � � . � � ' 9jr� I / •�' � • � �� t � ` �. �� _ i . i , ,o -� • * . � '�j � ) j � DftIVE THRU ' QSR ' ' � ' � � +/- 5,a00 SF \ I _ /��v ' ,, � 'r', e e � �. ,� � — ; �� ' ` r 'v�; . � w� �� , i . . � / !a � , �\ � ` � . �� / r, "�r �,f ��V;: . , � � �/ � , . . .�� *. / �� \ � � � i I . ♦�� -� e � � , �/ :; ., � ��. � � �, . �3 • � f � � �-� .� , o ao . .� o '`� -- .�� 4� �� - ,, y ; � � _ . . . . . . � o � �. . Dubuque '. � n z �� THGCTCYOi T � � ,DANIELS ST . p�. . � . L UB E uI I I I I ill N . . . . . ,amamz I� �� I � AL L ' Masterpiece on the Misstsstppi ,o„-,o„ — — � � 'o ' ' ' ' Vicinity Map � � --�� , �- �. , � �, �,9�'��, � .� � , � , STONEMANRO .__L .. . .. . .. . . � _ i � � _ ` �o � � I_�� t �+ tie� �� J �� / �� ' — _— �� / . j wSB�FVPD � �\ — l� / � — I / _�--� ,-, -�,Lj � � _ ,. ,,, , _ � I�' '�,,,——_ � � r�—��_�oo I �.��,� �� ,%»--�r' —,�,�, n ��. � � � .� , � � ;.� \ � � ii��, ��i �- -�- � ,� � � ( � ' �'= ` � ` ; � � ' ��'�F /�� -_ f , � �� , � _..__ ,o � � �O�'<�� City of Dubuque � � : , �� ` � Applicant: Key City Investment Company � � � � � / Georgie Yiannias �_ _� Location: 255 John F. Kennedy Road I �pYK�N LT �i Description: To amend the ShopKo PUD �I_____ , \` I un�veRs�,vnve Pianned Unit Development � ✓ 'I Zoning District to allow _J._�___ development of an out lot. 000cesr _.._.--_ r � Subject Property � IIII �' I Parcels ��wae:ea�aceaedeybmnmecryotounuQueana W _ � ...��-r �p P Y I __. _.L.__ � l I I r i I oisc�nimea 1ns mrme�onwzscom �iea�s� me . , i � . � D gr M1 It lan5slem(DAGI9) M1lch � , . I J.� . q ou� qu Counry. It§untles[o tlUat,wM1'IetM1eCryoi n ' � O � �ub Q ndpaRcpaCngage cesutlfz O�h t en[ `\ � VEDR tt end re-nrom,at �ime.oncis a'i ppiersdo /V i LEMERGR� . � rL U notrvarrammeaccur y ncyofm �i t tlata � � . K � ron�ainetlM1erein. TFeCiyantlpa�llcipatingagennessM1ellno� � , . �� 0 . heneleliebleforanytlirect,lntlirect.lncitlentelronsequenlial, 0 � 250 500 ' ��1,000 � � . � � � � punilive,orspecialdamages,wM1emermreseeableot ��mreseea�ie,a :my o�e onne a�mon:ea or�oa�mo�iee 1:5,000 � . Feet ' � � � - �� . � use onn�s tlata or�me�inemtiry�o use mis aete orout oi any � � � breacM1 of werranly w�a[soevea THE CITY OF Dubuque I �" D V L L ulAneMe�Ciry i �i� �� , ; Masterpiece on t11e Mississippi 20°''2012 I 2013•2017 TO: Zoning Advisory Commission I FROM: Kyle L. Kritz, Associate Planner �!7.x• i SUBJECT: Amendment to Shopko PUD I I DATE: June 26, 2018 I I INTRODUCTION The subject site was originally developed under the terms of the City's 1934 zoning ordinance. The property was at that time zoned Business B and a Zayre Department Store was built on the property in 1972. In 1981, a Planned Unit Development District was applied to both the subject property as well as the adjoining movie theater site. In 1989, as part of Venture Stores taking over the site, a separate PUD Ordinance was adopted for 255 John F. Kennedy Road. The existing PUD regulations specifically allowed for the expansion of the retail building and an indoor restaurant. In 1990, the PUD District was amended to allow a larger freestanding sign as part of the building being converted to a Shopko. DISCUSSION The requested amendment to the Shopko PUD allows for the development of an out-lot building to be located in the northwest portion of the property. The proposed out-lot building will be located in an area that is completely paved, so storm water runoff from the site will not appreciably change. The existing Shopko property PUD has 450 existing parking spaces. This exceeds the parking requirement for the Shopko building by 190 parking spaces. The addition of a new out lot building will not impact the availability of off-street parking. Attached to this staff report is the existing PUD Ordinances for the subject property as well as a draft amended PUD. The draft PUD will modify the existing PUD by basically utilizing C-3 General Commercial regulations for allowed uses, setbacks, and sign regulations. Because of the substantial amount of off-street parking available on the site, the PUD amendment, as proposed, would allow additional out lot buildings to be constructed without further review by the Commission and City Council. Planning staff believes this is appropriate as the majority of the property surrounding the site is already zoned C-3 General Commercial. Further, by allowing additional buildings to be constructed, a Amendment to Shopko PUD more efficient use of the existing commercial space will be encouraged within the already commercially built environment in this section of John F. Kennedy Road. RECOMMENDATION Planning staff recommends the Zoning Advisory Commission review the information contained in this memorandum and make a recommendation to the City Council on the requested PUD Amendment. KLK/mkr Enclosure 2 .. � '—.....—_ �I' II � II I I �I �i�� `\ ��Y�e THe C1Tv or Yu6uque '.._ .... .� I R i D ---� � u L_� �V B E �� .._. . . . :am�zoiz �i I I Masterpiece on the Mississappt :o,,.,o,� - ._—__ � I I .STONEMAN RD _ \ L I ------- - � Zo n i n g M a p 1 �� — p�� n � . : � �\ �� —i�t_�;�SFs` � �� , � / e�' y � _"a� \'\� / � � aseuavao � �' / i � \ \ i i �� \ /� i i �` 1 I � v /� \\ / �� _�wH Z� �- �� I i II 000ce si % � I~ li�--�� ..� 'l�� 1 /� � � ��ti�'��-i� ��. �'t��'I�� r�,-� ' � r �� o '�NNE �. i� �� t� �— JY � Oy �'__'_r w � __`n �� .x� Rp"�,..,-/� / \ i � I s.l� Q I � �r �� 3 p��.� / \\ ��I �f`, � �� / / �. . � '� O. ��• � / �� ` � City of Dubuque � , /�, ��Z-'�. / ' . /I _-il � . DAYKING7 �i.... -..., � �,. � \ UNNE I .: '_ _ V ` . I ` :�� . . - _� �_ � . Rsirrnv� �--� � 255 JFK CS -. � '. `/�� -_.� _ _ � . �- _ , �`_ :;.I� ....— FloodZoneA/AE PUD ' �� 000cesT __.- —'�-.. '�; Parcels PI . — �__.____... �� _ ___ � � � Buildings PR � - � � � C' � AG R-1 � — .._—�-- �� _ .—� �-- �, , � � � �� C-3 R-0. , : � � � r' � i � i � � �� _ _ -=;s` I / � - � 1 �=—�� --- o — � � 1EµGROVEDR r � �- II .__�- � � � N GEN _ r l T 1 � �O `.\ pISCLAIMER TM1's'nformaYonwascompl tl ngiM1e �� 1 U � 0 b q H a Geog�epli I fo afon Sy[ (�AGIS�.wM1ICM1 -� �,-' � p In I tl tl 1 Cred�etlbyb IM1IM1 Cryo(D b pueentl . -.. � � '� _ l � � o h 9 C IY. It- tl slo tllM1at wtiletneCryo( n i . V D h p dp o lo� 9 9encesuliuzetltne � rent (\ � I entl f � f lrod100d 31 bl ,DAGIS d� ppl'e�s0o /V ' / not allneeccurecyo u nryoliM1 -f 1 rtlata - � � I � oontanatlM1eran. TheCry aparticipaf g g M1allno� � Oe� Id I' bl f yd t- d [-ncitlen�al consequen�ial, 0 250 � �00 1]000 ��✓ / puoY p � Iaa ageswnemerforeseeeDleor ,1:5,000 unforeseeeble e sngoWol�heautM1orizetlorunau[horzed � osa or mts aa�e or me�neelilry�o ure mis aa�a or oue or any � � - - F�e� �� erearnorwarremYwna�saever. II Section 2-Land Use Regulations Article 5: Zoning Districts � s'� 5-13 C-3 General Commercial I �,� I �% " The C-3 District is intended to provide locations for commercial uses which are designed � �,. to serve the motoring public or uses requiring highway or arterial locations. ' ,._.;Ig�s . 5-13.1 Principal Permitted Uses I �"� � The following uses are pennitted in the C-3 district: I '.. n■. ��t�tt i - • ' 1. Agricultural supply sales ` � 2. Animal hospital or clinic 3. Artist studio Department sta•e 4. Auditorium or assembly hall i 5. Bakery(wholesale/commercial) i 6. Bank, savings and loan, or credit union 7. Bar or tavern i 8. Barber or beauty shop _'.. �_____ �l Y`Y 1 i 9. Business seivices ��ti��,�„ 10. Carwash, full service �,`' ' 11. Carwash, self service �r�'» �� , 12. Construction supply sales or service ;>,� ]3. Contractor shop or yard �� ]4. Dental or medical lab iar.� � G � � � j + � 15. Department store(60,000 square feet maximum) ��J�� 16. Fann implement sales or service � 17. Fumiture u holste or re air -'�,'-�--' P rY P �.-;�;'�=^"'' 18. Gas station ,�;. I Indoor amusement 19. Genera] office arcade 20. Grocery store 2L Hotel ; 22. Indoor amusement arcade 23. lndoor recreation facility 24. Lndoorrestaurant � 25. Indoor U�eater �, 26. Laundry, dry cleaner, or laundromat '� - j 27. Medical office �;•��""'ifYer�,,, . ' 28. Mini-warehouse �,�� ' � 29. Mobile or manufactured l�ome sales or service �, � 30. Mortuary or funeral home =R �.�� '�� 3 L Moving or storage facility � 32. Museum or library --- -- � 33. Neighborhood shopping center Mini warehouse 34. Parking structure 35. Pet daycare or grooming 36. Photographic sriidio - 37. Place of religious exercise or assembly � �� 38. Printing or publishing .r_..-l.-,-r..�� 39. Private club - -�---*-r('� 40. Public or private park, golf course, or similar natural recreation area _ � -re,�� 41. Railroad or public or quasi-public utiliTy, including substation -a�� 42. Residential use above the first floor only 43. Restaurant, drive in or carryout �-'�--- � 44. Retail sales and service Vehicle sales 45. School of private instruction � or reutal �m oF ��' DUB E i Section 2 Land Use Regulations ARicle 5: Zoning Districts i 46. Service station 47. Tattoo parlor 48. Tour home 49. Vehicle body shop 50. Vehicle sales or rental 51. Vehicle service or repair 52. Vending or game machine sales or service 53. Wholesale sales or distributor 5-13.2 Conditional Uses The following conditional uses may be pennitted in the C-3 District, subject to the provisions of Section 8-5: L Licensed adult day services 2. Licensed child care center 3. Outdoor recreation or outdoor amusement center 4. Passenger transfer facility 5. Wind energy conversion system 5-13.3 Accessory Uses The following uses are permitted as accessory uses as provided in Section 3-7: 1. Any use customarily incidental and subordinate to the principal use it serves 2. Crematorium accessory to a mortuary or funeral home 3. Wind turbine(building-mounted) 5-13.4 Temporary Uses I I Temporary uses shall be regulated in conformance with the provisions of Section 3-19. j � 5-13.5 Parking � Minimum parking requirements shall be regulated in conformance with the provisions of Article 14. ; 5-13.6 Signs � Signs shall be regulated in conformance with the provisions of Article 15. � � I rxecrtror � = DUB E �€ � 'pTu'B E Insert Title DAGIS ,; Mmfrrpiarou ILe,11is>i'sip��S a..�w�,.u_�,.,,,��a�..�o....,.. Insert Subtitle �" .f �e��/.°�°!'�F � 4..� , 1 �;k�; {{ ;�'�r^� � j.'1; � �� t YR � •v�, $, ��, . � 'y�,F� �"4+�:ii„�1, ��`. � 1:350 ......-�,..... ` �� ,',��:;;� i �� , l � �e� 3�` ��; .. -- � ,�j� �i,,.`� �, . . �i : � ^ ', � I ,�� i•� � s� �r ,��^.f�� '�'�`l� .� R . ��,.��.�kli yi H�� f 2985 , ' .A , e � : � r � �yC� ! ! � �� / ! �� i1 ,�N �' Z . .� 1300 �^ ,. �r i� , i fr � , m , •. r� i �F , �t � s , . .. . , � r -� ' * '�;; ,. y. , � 1 ....:. � �,�, �. �'�� "�., r,.� y�� .i![F !!� RF ' I / �. i ,,":/� IA. , ,4':a �,t 11 a'"'�� r yFc�riv�ate Privat �� . .� F �, .'! v . ,.�.�.:.y . O, . � �f.n � ► q'- �� 435 � r � ' ' , - „ , ... . pr P .. � � - � , . ��.. ;�/tn�-< 1' r� , . � � ,_.,,a y � k � 4 G-,1� �v�a. � ao ., . _ F p y+� y, . � A �� R .,...� � �28� � h'. � .. • . . _ � �, � . � + I�itt��Fr�<.c I�� . . �o' 43S �� . . � PFE�6// / !� � . � ,,, . �'.' �P� ��i . _� � � � � • � ,�"�� '.� t`'� °`..,`. °... �� . � .�:� : , e • �, e,r"�+- � s .190 � Ai.�elr�FI ` � ✓7•� �: �,f F \ .�^� .. f O F � fiiF,rF ��t r r � ,'�Y ��.., .y,� s � I „ ,� . , • � ��•r a .� 4f . �.....o �e . � �a 0 � 9„�bak' � � .0 F/ 'f � ^ . �'�"� � \\♦ � � /� : �, . w . T � � �`°�-,�,`•, � , � � ,�,8 ,:: . � . � Y / � ..�r_.. � i � • itt/'.�F«.ciR«�� : V , � . Y� F�� .°; �170 - �' � '�.;`� ., FePFF.nrNpa. � r Q ._ A_ n .� � -.� ' f� ,p��. ,, _ r � � Q, -u ;� , � W:_ � �yA V,'.!!, . . ' � --�t.' �,�h�� — .,� . r �, ",� . �... � • �. . , � , e f�. ��e�., F �- a� 150. '�j .,�� R + r .e�..,e. ..�� ' ,`P i. F�FD,�255 � � � .a . '�P � 9f � ♦ � T �k ��.� f. ti+^.,, e��. ��,•,. �� iFr"� �i� + � + r "C ��'F `'0�� i. 90 '� ,,�� r � � - � F ' n . 'r: i � I \` t A�. �� • � .4 �• /� � . ._ I,� �r`.�: . _ � ��"' xfYec f�?ISA h � �� ~ �a� �� O � �'� r +� F� .� � e ^ 1. _-e rt ,c ' � �'e��:: ia\ � '° % � c '.. .. 75 �,�F��' � 5I� � . `r�k � � f � ,. a � 1�800 r I � 75 � `'' � � � y �a 808� ^ R J,�p 75 A iN - � �e _ r T � � .ry �� ' j 75 DubuqueCoum(�Assessor�City;o Du�uq ,s ess r=. ��,� N Map Prepared by: Ciry ofDubuque � " �� a �� inch = 200 feet W�E Engineeringoivision 50 West 13th Street age��w � eei�pi,m,.,r��rea, ��. ��a�� , Dubuque,Iowa52001 r`„i �:P��'��ma°�:,W��m�� 100 50 0 100 200 300 Feet ;�,or m:��„o�=�o��a��o�;�e�;`o�r Phone:(563)58&4270 .�....�v.n.,�.o�.�,. �"'m�,n,�ao.o.��r.,�vm..�xor S' Fax:(563)589-4205 Prepared by: Laure Carstens Citv Planner Address: Citv Hall, 50 W 13th Street Telephone: 589-4210 ORDINANCE NQ /�/ -gg AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES, BY REPEALING SECTION 2.E.(1) OF ORDINANCE 61- 89 AND ENACTING A NEW SECTION 2.E.(1) IN LIEU THEREOF PERTAINING TO FREESTANDING SIGNAGE OF THE PC PLANNED COMMERCIAL DISTRICT LOCATED AT 255 JOHN F. KENNEDY ROAD. Whereas, Ordinance 61-89 was adopted on December 12, 1989 by the City Council amending the PC Planned Commercial District located at 255 John F. Kennedy Road; and Whereas, Kieffer and Company, Inc., on behalf of Ryan Companies, property owner, has requested an amendment to the PUD Ordinance regulating freestanding signage allowed in the PC Planned Commercial District located at 255 John F. Kennedy Road for Shopko. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (the Zoning Ordinance) is hereby amended by repealing Section 2.E.(1) of Ordinance 61-89 and enacting a new Section 2.E.(1) in lieu thereof, as follows: E. Siqn Requlations. 1) One freestanding on-premise sign shall be permitted with a maximum area of 350 square feet and a maximum height of 40 feet. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, lowa. Section 3. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this day of , 1999. Terrance M. Duggan, Mayor Attest: Mary A. Davis, City Clerk PL\COUNCI L\ORD�255jfk.ord ORDINANCE N0. EjI -89 AN ORDINANCE OF THE CITY OF DUBUQUE, IOWA PROYIDING THAT THE CODE OF ORDINANCES, CITY OF DUBUQUE, IOWA, BE AMENDED BY REYISING APPENDIX A THEREOF, ALSO KNONN AS THE ZONING ORDINANCE OF THE CITY OF DUBUQUE, IOWA BY APPROVING AN AMENDED CONCEPTUAL DEVELOPMENT PLAN FOR THE PC PLANNED COMMERCIAL DISTRICT, LOCATED AT 255 J. F. KENNEDY ROAD. WHEREAS, Venture Stores, Inc. , applicant, has filed an amended conceptual development plan for certain properties hereinafter described in accordance with provisions of the PC Planned Commercial District regulations as set forth in Section 3-3.8D of the Code of Ordinances, Appendix A thereof, of the City of Dubuque, Iowa; and WHEREAS, the Planning and Zoning Commission has held a public hearing on said amended conceptual development plan pursuant to required published notice; and WHEREAS, the Planning and Zoning Commission has approved said amended conceptual plan su6ject to specific conditions and restrictions having found that said plan conforms with the review standards applicable to such plans as set forth in Section 3-3.8D(4) of the Code of Ordinances, Appendix A thereof of the City of Dubuque, Iowa; and WHEREAS, the Planning and Zoning Commission recommended the concurrence of the City Council and approval of said amended conceptual development plan; and WHEREAS, the City Council has received the recommendation of the Planning and Zoning Commission and has held its own public hearing on said amended conceptual development plan pursuant to required published notice; WHEREAS, the City Council has approved said amended conceptual development plan subject to the same specific conditions and restrictions. NOW, THEREfORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IONA: Section 1. That in order to accomplish the purposes of the PC Planned Commercial District of the Zoning Ordinance of the City of Dubuque, Iowa, the amended conceptual development, a copy of which is attached to and made a part hereof, is hereby adopted and approved for the following described property, ta wit: Lot 4 of Yiannias Place and to the center line of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. That in order to accomplish the purposes of the PC Planned Commercial District and of the Zoning Ordinance, the property hereinabove described is subject to the following conditions and restrictions; Ordinance No. -89 Page 2 A. Use Regulations. The following regulations shall apply to all uses made of land in the above-described PC Planned Commercial District: 1 ) The principal permitted uses shall be limited to: a) Department stores [17] b) Indoor restaurant [20] 2) Accessory uses shall be limited to any use customarily incidental and subordinate to the principal use. B. Lot and Bulk Regulations Development of land in the particular PC Planned Commercial District shall be regulated as follows: 1 ) All structures shall be a minimum of 60 feet from the front property line adjoining J. F. Kennedy Road. 2) No building or structure can exceed 40 feet in height on the site. 3) A maximum building area of 84,000 sq. ft. will be permitted on the site. C. Parking Requirements. 1 ) The off-street parking requirements for the principal permitted uses for the herein described PC Planned Commercial District shall be a minimum of 1 space for each 250 sq. ft. of floor area accessible to the general public. The parking area shall be improved to City standards. D. Site Plan Provisions . The site development standards for this PC Planned Commercial District shall be as follows: 1) The screening requirements shall be established in conformance with the requirements of Section 4-4 and 4- 5.4 of the Zoning Ordinance of the City of Dubuque, Iowa, except that no screening shall be allowed 18 feet from the accesses on J. F. Kennedy Road. 2) The traffic control area across from the Wacker Drive entrance and the north and south ends of all parking lanes shall have raised curbing with raised curbing required around the perimeter of the parking area. E. Si9ns• The following regulations shall apply to all signs in this particular PC Planned Commercial District, as follows: Ordinance No. -89 Page 3 1) Two free-standing on-premise signs shall be permitted with a maximum area of 300 sq. ft. each and a maximum height of 40 feet. One free-standing signs shall be allowed per frontage. 2) The wall -mounted on-premise signage area shall be 10% of each north, south and west building facade, maximum of 700 sq. ft. per building, 2 signs per building facade. Wall - mounted signs may be located on any wall below eave or parapet line. 3) Directional signs shall be permitted at 6 sq. ft. per sign panel , either wall -mounted, projecting or free-standing with a maximum height of ten feet. F. Time Limitation. The conceptual development plan shall be valid for a period of three years, provided a final site development plan is submitted within one year of the date of adoption. G. Transfer of Ownershio Transfer of ownership or lease of property in this PC Planned Commercial District shall include in the transfer or lease agreement, a provision that the purchaser or leasee acknowledges awareness of the conditions authorizing the establishment of this district. Section 3. That a final site development plan shall be approved by the City Development Planner if found to be in conformance with the approved conceptual development plan. If found to be in conformance with said plan, the issuance of building permits shall be permitted. Following approval of the final site development plan, no construction may take place except in substantial conformance with such plan. PASSED, APPROVED and ADOPTED this day of , 1989. James E. Brady, Mayor ATTEST: Mary A. Davis, City Clerk i ACCEPTANCE Of ORDINANCE N0. 61 -89 I , Edward R. Agustin, have read the terms and conditions of the foregoing Ordinance No. 6i -89 and being familiar with the conditions thereof, hereby accept the same and agree to the conditions required therein. � Dated in Dttbt�qcte-,--I-ow� this 12th day of Decemver , 19g9, C'Fallon, M0. dward R. Agust ' Venture Stores, Inc. � Planning Services Department City Hall 50 West 13th Street Dubuque, IA 52001-4864 (563) 589-4210 phone (563) 589-4221 fax (563) 690-6678 TDD planning@cityofdubuque. org THE CITY OF DUB Dubuque NI Amaie1; y F 11111, 2007.2012 Masterpiece on the Mississippi 2013.2017 July 9, 2018 Key City Investment Co. Attn: Georgie Yiannias 4374 Dart Avenue St. Louis Park, MN 55424 RE: City Council Public Hearing — Rezoning Request Dear Applicant: The City Council will consider your request to rezone property located at 255 John F. Kennedy Road at a public hearing on Monday, July 16, 2018. Please attend this meeting, or send a representative to the meeting in your place to present your request and answer questions. City Council meetings begin at 6:00 p.m. in the City Council Chamber, 2nd Floor, Historic Federal Building (Post Office), 350 W. 6th Street, Dubuque, Iowa. Please contact the Planning Services Department at (563) 589-4210 if you need more information or have any questions. Sincerely, Kyle L. Kritz Associate Planner Enclosures cc: /Kevin Firnstahl, City Clerk Service People Integrity Responsibility Innovation Teamwork 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. 25-18 AN ORDINANCE AMENDING TITLE 16, THE UNIFIED DEVELOPMENT CODE OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RESCINDING ORDINANCE 61-89 AND 14-99 WHICH ESTABLISHED REGULATIONS FOR THE SHOPKO PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PLANNED COMMERCIAL DESIGNATION AND NOW BEING AMENDED TO ALLOW FOR THE DEVELOPMENT OF AN OUT -LOT BUILDING 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 Ordinance 61-89 and 14-99, which established regulations for the Shopko Planned Unit Development District with a Planned Commercial District designation, and now being amended to allow the development of an out -lot building, to wit: A. Use Regulations The following regulations shall apply to all uses made of land in the above-described Planned Unit Development: Principal permitted uses: The following uses are permitted in the this Planned Unit Development: 1. All principal permitted, accessory, conditional and temporary uses allowed in the C-3 General Commercial District as established in Section 16-5-13 of the Unified Development Code. B. Lot and Bulk Regulations. Shopko PUD Ordinance Page 2 The following bulk regulations shall apply in the Shopko Planned Unit Development, subject to the provisions of the Unified Development Code. 1. All shopping center buildings and structures shall be limited to a maximum height of 40 feet. 2. All buildings and structures located on out lots shall be developed in compliance with the bulk regulations of the C-3 General Commercial district as established in Section 16-5-13 of the Unified Development Code. C. Sign Regulations. 1. The provisions of the City of Dubuque Unified Development Code, Section 15 Signs shall apply unless further regulated by this section. 2. That the freestanding sign for the principal retail building shall be a maximum of 350 square feet in area and a maximum of 40 feet in height. 3. Off -premise signs: Off -premise signs shall be prohibited. 4. Variances: Variances from sign requirements for size, number, and height may be requested. Such variances shall be reviewed by the Zoning Board of Adjustment in accordance with Article 8-6 of the Unified Development Code. Parking Regulations 1. Parking requirements for the principle retail building shall be one space per 250 square feet of retail space accessible to the general public. 2. All vehicle -related features shall be surfaced with standard or permeable asphalt, concrete, or pavers. 3. Curbing and proper surface drainage of storm water shall be provided. 4. All parking and loading spaces shall be delineated on the surfacing material by painted stripes or other permanent means. 5. The size and design of parking spaces shall be governed by applicable provisions of the Unified Development Code enforced at the time of development of the lot. Shopko PUD Ordinance Page 3 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. 7. Parking requirements for businesses located on out lots shall comply with the provisions of Section 14 of the Unified Development Code. E. Site Lighting 1. Exterior illumination of site features shall be limited to the illumination of the following: a. Parking areas, driveways and loading facilities. b. Pedestrian walkway surfaces and entrances to building. c. Building exterior. Location and Design a. All exterior lighting luminaries shall be designed and installed to shield light from the luminaries at angles above 72 -degrees from vertical. b. Fixtures mounted on a building shall not be positioned higher than the roofline of the building. c. All electrical service lines to posts and fixtures shall be underground and concealed inside the posts. Exterior Trash Collection Areas 1. The storage of trash and debris shall be limited to that produced by the principal permitted use and accessory uses of the lot. 2. All exterior trash collection areas and the materials contained therein shall be visually screened from view. The screening shall be completely opaque fence, wall or other feature not exceeding a height of 10 feet measured from the ground level outside the line of the screen. Screens built on sloping grades shall be stepped so that their top line shall be horizontal. All exterior entrances to a screened trash area shall be provided with a gate or door of similar design to that of the screen. G. Performance Standards Shopko PUD Ordinance Page 4 The development and maintenance of uses in this Planned Unit Development shall be established in conformance with the following standards. 1 Platting: Subdivision plats shall be submitted in accordance with Section 11 Land Subdivision of the City of Dubuque Unified Development Code. 2. Site Plans: Final site development plans shall be submitted in accordance with Section 12 Site Plans and Section 13 Site Design Standards of the City of Dubuque Unified Development Code prior to construction of each building and vehicle -related feature unless otherwise exempted by Article 12. 3. Storm Water Conveyance: The developer of each lot shall be responsible for providing surface or subsurface conveyance(s) of storm water from the lot to existing storm sewers or to the flow line of open drainage ways outside the lot in a means that is satisfactory to the Engineering Department of the City of Dubuque. Other applicable regulations enforced by the City of Dubuque relative to storm water management and drainage shall apply to properties in the Planned Unit Development. H. Other Codes and Regulations 1. Service Lines. All electric, telephone, cable, or other similar utility lines serving the building and other site features shall be located underground, where feasible. 2. These regulations do not relieve the owner from other applicable city, county, state or federal codes, regulations, laws and other controls relative to the planning, construction, operation and management of property within the city of Dubuque. I. Transfer of Ownership Transfer of ownership or lease of property in the Shopko 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. J. Recording A copy of this PUD Ordinance shall be recorded, at the expense of the property owner, 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. Shopko PUD Ordinance Page 5 Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. The foregoing amendment shall take effect upon publication, as provided by law. Passed, approved and adopted this 16th day of July, 201 Attest: Kevin Firnstahl,City Clerk Roy D. Buol, Mayor 11 u 111011011 011 11 IIIA 11111 11 Doc ID 008855700006 Type GEN Kind: ORDINANCE Recorded: 07/19/2018 at 12:11:44 PM Fee Amt: $32.00 Page 1 of 6 Dubuque County Iowa John Murphy Recorder F11e2018-00008242 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. 25-18 AN ORDINANCE AMENDING TITLE 16, THE UNIFIED DEVELOPMENT CODE OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RESCINDING ORDINANCE 61-89 AND 14-99 WHICH ESTABLISHED REGULATIONS FOR THE SHOPKO PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PLANNED COMMERCIAL DESIGNATION AND NOW BEING AMENDED TO ALLOW FOR THE DEVELOPMENT OF AN OUT -LOT BUILDING 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 Ordinance 61-89 and 14-99, which established regulations for the Shopko Planned Unit Development District with a Planned Commercial District designation, and now being amended to aiiow the development of an out -lot building, to wit: A. Use Regulations The following regulations shall apply to all uses made of land in the above-described Planned Unit Development: Principal permitted uses: The following uses are permitted in the this Planned Unit Development: 1. All principal permitted, accessory, conditional and temporary uses allowed in the C-3 General Commercial District as established in Section 16-5-13 of the Unified Development Code. B. Lot and Bulk Regulations. 5100 cAL C .v((- Shopko PUD Ordinance Page 2 The following bulk regulations shall apply in the Shopko Planned Unit Development, subject to the provisions of the Unified Development Code. 1. All shopping center buildings and structures shall be limited to a maximum height of 40 feet. 2. All buildings and structures located on out lots shall be developed in compliance with the bulk regulations of the C-3 General Commercial district as established in Section 16-5-13 of the Unified Development Code. C. Sign Regulations. 1. The provisions of the City of Dubuque Unified Development Code, Section 15 Signs shall apply unless further regulated by this section. 2. That the freestanding sign for the principal retail building shall be a maximum of 350 square feet in area and a maximum of 40 feet in height. 3. Off -premise signs: Off -premise signs shall be prohibited. 4. Variances: Variances from sign requirements for size, number, and height may be requested. Such variances shall be reviewed by the Zoning Board of Adjustment in accordance with Article 8-6 of the Unified Development Code. D. Parking Regulations 1. Parking requirements for the principle retail building shall be one space per 250 square feet of retail space accessible to the general public. 2. All vehicle -related features shall be surfaced with standard or permeable asphalt, concrete, or pavers. 3. Curbing and proper surface drainage of storm water shall be provided. 4. All parking and loading spaces shall be delineated on the surfacing material by painted stripes or other permanent means. The size and design of parking spaces shall be governed by applicable provisions of the Unified Development Code enforced at the time of development of the lot. Shopko PUD Ordinance Page 3 6. 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. 7. Parking requirements for businesses located on out lots shall comply with the provisions of Section 14 of the Unified Development Code. E. Site Lighting 1. Exterior illumination of site features shall be limited to the illumination of the following: a. Parking areas, driveways and loading facilities. b. Pedestrian walkway surfaces and entrances to building. c. Building exterior. 2. Location and Design a. All exterior lighting luminaries shall be designed and installed to shield Tight from the luminaries at angles above 72 -degrees from vertical. b. Fixtures mounted on a building shall not be positioned higher than the roofline of the building. c. All electrical service lines to posts and fixtures shall be underground and concealed inside the posts. F. Exterior Trash Collection Areas 1. The storage of trash and debris shall be limited to that produced by the principal permitted use and accessory uses of the lot. 2 All exterior trash collection areas and the materials contained therein shall be visually screened from view. The screening shall be completely opaque fence, wall or other feature not exceeding a height of 10 feet measured from the ground level outside the line of the screen. Screens built on sloping grades shall be stepped so that their top line shall be horizontal. All exterior entrances to a screened trash area shall be provided with a gate or door of similar design to that of the screen. G. Performance Standards Shopko PUD Ordinance Page 4 The development and maintenance of uses in this Planned Unit Development shall be established in conformance with the following standards. 1. Platting: Subdivision plats shall be submitted in accordance with Section 11 Land Subdivision of the City of Dubuque Unified Development Code. 2. Site Plans: Final site development plans shall be submitted in accordance with Section 12 Site Plans and Section 13 Site Design Standards of the City of Dubuque Unified Development Code prior to construction of each building and vehicle -related feature unless otherwise exempted by Article 12. 3. Storm Water Conveyance: The developer of each lot shall be responsible for providing surface or subsurface conveyance(s) of storm water from the lot to existing storm sewers or to the flow line of open drainage ways outside the lot in a means that is satisfactory to the Engineering Department of the City of Dubuque. Other applicable regulations enforced by the City of Dubuque relative to storm water management and drainage shall apply to properties in the Planned Unit Development. Other Codes and Regulations 1. Service Lines. All electric, telephone, cable, or other similar utility lines serving the building and other site features shall be located underground, where feasible. 2. These regulations do not relieve the owner from other applicable city, county, stare or federal codes, regulations, laws and other controls relative to the planning, construction, operation and management of property within the city of Dubuque. I. Transfer of Ownership Transfer of ownership or lease of property in the Shopko 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. J. Recording A copy of this PUD Ordinance shall be recorded, at the expense of the property owner, 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. Shopko PUD Ordinance Page 5 Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. The foregoing amendment shall take effect upon publication, as provided by law. Passed, approved and adopted this 16th day of July, 201 Attest: Kevin Firnstahl, City Clerk Roy D. Buol, Mayor 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. 25-18 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 July, 2018. .4011► '#1/ Ke in S. Firnstahl, CMC, City Clerk 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: July 7, 2018, and for which the charge is $24.02. CITY OF DUBUQUE, IOWA OFFICIAL NOTICE NOTICE is hereby giv- en that the Dubuque CjtY, Council will con- dila:041511c hearings at &'rrneeting to com- mence at 6:00 p.m. on Monday, July 16, 2018, in the Historic Federal Building, 350 W. 6th Street, Dubuque, on the following: Rezonings Request from Royal Oaks Development Co. / Michael J Weber Subscribed to before a Notary Public in and for Dubuque County, Iowa, (Tabled) cres to in rezone 19.23 aSilver this // day o , 20 /8' . Oaks Estates from County R-2 Residential to City R-3 Moderate Density Multi -Family I Residential Zoning Dis- [Ekre„Vonjunction p,witrnannelto the City Of 15 ubb q4e. Planned Unit Devel- opment (PUD) Amendment - Quasi - Judicial Request from Key City Investment Company/ Georgie Yiannias to amend the ShopKo PUD Planned Unit Develop- ment Zoning District located at 255 JFK Road to allow development of an out lot. Copies of supportinb documents for the pub- lic hearings are on file in the City Clerks. Of- fice, City Hall, 50 W. 13th St., Dubuque, lovva, and may be viewed during normal working hours. Written comments re- garding the above pub- lic hearings may be submitted to the City Clerks Office, 50 W. 13th St., on or before said time of public hearing. At said time and place of public hearings all interested citizens and parties will be given an oppor- 1 tunity to be heard for or against said propos- al. Any visual- or hear- ing-impaired persons needing special assis- tance or persons with special accessibility needs should contact the City Clerks Office at (563) 589-4100 or TDD (563) 690-6678 at least 48 hours prior to the meeting. Kevin S. Firnstahl, CMC, City Clerk 1t 7/7 221A7e'wc"' Notary Public in and for Du uque County, Iowa. ,,,s0AL 0 MARY K WESTERMEYER mIti-r- Commission Number 154885 My Commission Exp. Feb. 1, 2020 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: July 20, 2018, and for which the charge is $81.85. Subscribed to before me a Notary Public in and for Dubuque County, Iowa, this ,,:;77 day of ,z , 20/x' Notary Public in and for Du . uque County, Iowa. MARY K WESTERMEYER Commission Number 154885 My Commission Exp. Fob. 1, 2020 ments for theprinciple retail building- shall be one,. space per 250 square - feet •of retail • space acCsiblet-Othe Ontidr411pablit; -• 2. •All-Vehltle•frelated • feabke,831' thalk.be:I.Sdr • • faced. with' standard -pr ' concrete, or payerS.:,,, • .'-'3,••Cartiltig•aridprOper surfato,-idrainage-, l storm Water shall be ••••• All parking and loOng•!-Spatea-shall,be delineated On.,the: sur- ta�ih • Matellai • by painteW•Strhi,es. or Other eriiaMtmafl6. The 12.alO'i:1016r1 oflia`rkihb'SPaCks'Shall. Le",gp-Verned, bYappli- cable OrOyl j,,i1rAs, bfthe IifiI eyeIopnidt , Code enforced at the thrie'4 deVelePrilent ol • 6. The number, size, desigh;•ttial6t.itio4 of •parking 3.spaceS4desig- riatedjoK, persons with dIabflftiehthaIIbe ,• cording'3,..-tn•--"the local; state,. orfederal' re- quirementalri effect at the, tirneof-„,develop- merit. 7; • Parking require - m eptS ,f9r„bpsinesSes located or. bien-Jete shall .C6'MP.IY With the provitions Of !'-Section 14 oftie UhiiddDe')e- qriit e„. • tion site -,Jeatures shall. be Ilibitetbto• the illurpinab9ry.O1 the fel- 10400 V•'•",'..-;j.'tc,,641',', a.Parking area, driveways 'and leading .17,.9deStri4t1A Walk - Way .sarfaces, and i'en- trand5 tobbildind. c. Building eterier. 2. Location Airta Design a. Al1ekterior)ightinq luminaries shall be. de- signed and installed to sh eldlightIionytheju- initial:lee', !;angles OFFICIAL atove 72 eS, from PUBLICATiON vertical. 9RD.T4,Ncolitial,51;18 11.,Fixtures 'Mounted CE 'oft not AMENDING :TiTLE 16, b6 positioned;higher THE. UNIFIED -,DEVEL- OPMENT.;popE' OF THE ITV.F DLIDU- P.eJ1:46d0'1.41:01-fce QUE CODE OF ORDI lineSJOI:POSts:' and fix NANDES BY RESCIND- jLitOS.::,Shalf , pDpINANcE. di'ounc14,-00,npealed -8,9„AND,14709:WHiCH insidethe post., 'ESTADIASHED!_'REGU- • • F.'.Ekterier Trash LATIONS `' FOR ',THE conectiotiAr!as. siiopico' 'F)LAN; 1:1-hestbii-ge-tif ti'aSh NED,' UNIT; 'DEV,ELOP- ' and debris shall be lim- MENT,DISTE1CIVITH ited to that produced pLANNED,-:comr by the principal perrnit, MERC11.:'.',1DESiQNA- • ted useand accessory TION AND • NOW dgeS, Of the BEING' AMENDED TO 2.AIIktbMdtrash ALLOW FOR- THE'. DE ar-4S-: and • vELDpmEN,T,..0F,., AN Ifid.0 k,ot. PAIILDJNal:'•;• ttairied therein Shall' be • NOW; THEEEFOirtE;13E i(ii§iwge•reorioci.•46.jin IT ORDAINEDBY THE view. - the screening CITY COUNCIL OF THE shall be ,3 completely, CITY,„ OF DUBUQUE,'opaque••fenCe'i wall or ' IOWA: other feature not ex - Section 1. That' Title ceedigg , a, height of10 VilifiPd•PeVelop- feet Measured-frOm the ment .Code of t,he--. City -ground level:: ioutside of Dmbuque,Cede of..0r- , .• include An the transfer or lease agreement a proyisionahat the pur- chaseressee ac - i 4050u, know10 erateness dfth, theri2Itia),,,b District bkel p9i-iSOl:Or.th61-:pfopSrtjf Di.ibtici667.0601ity -Re- edf-der'aS aperrnanent record Afirthe'i tiOns'_•ancepted as part ofIthis,,reelassification a-pPrOyal:”3., T,hiSi hatiee;shall,te t binding ujdhthe Undersigned and- his/her. heirs,, 'Sue- Cessors,and aigns 8eqjOri'24liWfor:ego- Ing has '-heteteif,ore, !beeh., AdyiSel`y "'COthinisSion of the City ofDubuque, lgwa lfakeffeet UgOr4dbli- fOatlOn;..a-s:i-Or6ide'd-',09 Passed approved and adopted this 16th day . /s/Roy Bin I Mayor •Mtest:gt/Kevills tho',•'Telegr,aPh'',' Herald 110 natlie320th da`ji;Of '//Kevin S. Fi rrietah I, City Clerk •,1 dinances is ',hetet) amended by rescindin ordinance 61 89'- an 1 99 ; Which estab fished ;regulations fo the` Shopko' Panne Unit Development pis trict .with a Planne Commercial 'Distric designation, and'no being amended to al low the+development o an out -lot building, to wit . A..Use, Regulations The;, following; regula tions shall apply to •al uses ,made of (land in the •: above-described Planned Unit''Develop- ment :;i Principal • permitted uses: =The (following uses are. permitted in the this Planned Unit Development: • 1. All principal permit- ted, accessory, -.condi- tional. and temporary use's allowed in the C-3 General Commercial District. as established in Section 16-5-13. of the ,Unified Develop- ment Code. B. Lot and Bulk'. Reg- ulations.,• The' following bulk ,regulations shall apply in the Shopko `Planned Unit Development, sub- ject to the provisions of the Unified Develop- ment Code. - 1. All shopping center buildings ` and Fstruc tures shall be limited to a• maximum height of 40 feet. 2. All :'buildings`, and structures- Iodated on out lots: -shall be -devel- oped in' compliance - with the -bulk regula- tions of the- G3General Commercial district as established in Section' 16 5 13- of the` Unified Development Code.'" ... C. Sign. Regulations, 1 •Theprovisions of the City, ,;of Dubuque Unified Development Code, Section 15- Signs shall, apply unless:fur- ther regulated by, this section. , 2. That the freestand- ing signfor,the princi- pal retail -building shall .m pe a azimuin of:350 square, feet in areafand a maximum of.40 feet in height. ' 3. Off -premise signs Off -Premise -signs shall be prohibited. d.' Variances:' Vari- ances from signs re quirements for ''size number,; and' height MO' mbe requested. Such:Variances shall be reviewed by the Zoning Board of'A'djustment in accordance' with Arti- 'cle 8-6 of the' Unified 'Developmerit'Cade. D.' Parking] Regula- tions • '1. Parking require- ments for the principle retail building shall be one space per 250 square' feet "of retail y the lore ofthe',screen.- sc1feens built Ane. slop- d itig grades, shall be stepped so that"their r top line shall be hoti- d zontal. All'' exterior` en- trances to a scteened d trash area shall be pro - t vided 'with' a' gate' or w door of similar design - to that of the screen: f G. Performance Standards;:; The development and maintenance of ,uses in - this Planned Unit De - I velopment;shall be es tabhshed '`in confor- mance with';the follow- ing standards-. 1 Platting: Subdivi sion plats shall be sub mitted in accordance with Section r.11' Land Subdivision of the City of Dubuque'Unified'De- velopmentCode. 2% Site •Plant: Final site developin'ent plans shall be. submitted in accordance •,with. Sec- tion 12 Site ;Plans; and Section 13 -Site Design Standards, of the City of Dubuque;Unified.De- velopment ,Code prior to construction of each building and vehicle -re- lated feature unless .' otherwise exempted by Article 12 M Storm W,ter a,Con- VeyaThe" nce develop- er of each, lot sf I�all`tbe responsible fol provid- ingsurtace ortsubsur- face conveyanee(s) of. storm pfater'•from *the lot -`to existing storm sewers, or to! the >flow line: of open:`dralnage ways outside thelot in. a ,means that is satis- factory :to rthe ; Engi neering Department of the City, of.. Dubuque. Other applicable!- regu- lations enforced by'the .City of .Dubuque rela- tive to; storm water matiagernent - '. F` and. drainage shall apply to properties in .the Planned ,Umt'`Develop- meet H :Other Codes and Regulations 1 : Service Lmes -Ail electric telepione:ca- ble, .or other_ similar utility lines se'rVing"the buildmg and ether.`site features shalI``•be-lotat- ed,undergrourid, where feasible ' ` 2. These regulations do.";not relieve•the:oWn- er f ern'otherapplica- ble`'city county,` state or federal,codes, regu- latiolis laws and other controls relative to the planning, construction; operation and•manage- mentbf. property'with- in the city of Dubuque. 1. Transferiof Own- <ership Transfer ,:of ownership or lease of property.in the Shopko PUD shall include in the transfer or .lease a•'greement a provision that,the pur- chaser,Aj lessee ac-