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Historic Millwork District RezoningMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: City Staffs Recommended Historic Millwork District PUD Ordinance in Response to Property Owners' Concerns DATE: February 10, 2010 Planning Services Manager Laura Carstens is recommending that the Historic Millwork District PUD ordinance be referred back to the Zoning Advisory Commission to consider an amendment to the PUD in response to concerns expressed by some property owners. concur with the recommendation and respectfully request Mayor and City Council approval. MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Laura Carstens, Planning Services Manager � l h " Y L(, /), ! V L. tt, Michael C. Van Milligen Dubuque All4mricaCity 1 2007 Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager ,,,,� FROM: Laura Carstens, Planning Services Manager - 8Q 5C SUBJECT: City staff's recommended Historic Millwork District PUD Ordinance in response to property owners' concerns DATE: February 11, 2010 Dubuque Aumericacitr 111111 2007 INTRODUCTION This memorandum transmits City staff's recommended amendment to the PUD ordinance for the Historic Millwork District, in response to property owners' concerns. BACKGROUND In connection with the City of Dubuque's proposed PUD rezoning of the Historic Millwork District, several property owners with industrial uses have raised concerns about potential conflicts with the residential uses the PUD ordinance will allow. These property owners are concerned about complaints from future District residents with respect to noise, dust, truck traffic, and other aspects which are typical of industrial uses. These concerns are summarized in the enclosed letter from John White, who owns property in the district. DISCUSSION The City of Dubuque is breaking new ground in creating a mixed -use zoning district that retains active industrial uses in the Historic Millwork District while simultaneously promoting the adaptive reuse of its historic warehouses with residential, retail, office and commercial uses. Typically, mixed -use zoning encompasses a variety of residential uses in proximity to office, service, and commercial uses that are compatible with and serve surrounding residential areas; industrial use is not included in the "mix." The warehouse districts across the country that were researched for the Historic Millwork District Revitalization Strategy and Master Plan did not have an active industrial base. The industries had left these districts. Memo to Michael Van Milligen HMD PUD response to property owners concerns Page 2 In the Port of Dubuque, the City rezoned HI properties to a PUD District that did not allow for new or expanded industrial uses. The Port of Dubuque PUD made the existing industrial uses non - conforming, because the long -term vision of the Port Master Plan was a commercial, recreational and entertainment district. The Plan visualized that the industrial uses would be replaced with non - industrial uses over time. This change is in process. All industrial uses have been relocated from the North Port. In the Historic Millwork District PUD boundary, there are a number of active industrial uses. The Historic Millwork District Master Plan envisions retention of these industrial uses, and the PUD ordinance provides for their continuation and expansion, as well as allowing for the addition of other industrial uses not currently in the District. The Historic Millwork District Master Plan also envisions, and the PUD ordinance would allow, new residential uses on any floor level or even in a building with industrial uses. Immediately adjacent to the Historic Millwork District PUD boundary is a large millworking industry, Jeld -Wen. Jeld -Wen and a large portion of the Historic Millwork District currently are zoned HI Heavy Industrial. In the Unified Development Code (UDC), "The HI District is intended to provide locations for industrial uses which by their nature generate levels of smoke, dust, noise, odors or other visual impacts that render them incompatible with virtually all other land uses." City staff has attempted to compensate for this potential incompatibility of residential and industrial uses by suggesting that industrial uses be changed from permitted to conditional uses within the Historic Millwork District PUD. This change allows the Zoning Board of Adjustment to review any industrial expansions at a public hearing, so that concerns expressed by adjoining property owners can be heard. Property owners have raised concerns that their industrial businesses will be considered a "nuisance" by new residents. The Zoning Advisory Commission discussed these concerns at their February 1, 2010 public hearing on the PUD ordinance. City staff noted that new residents of the district will be moving to the "nuisance ", and should expect the "gritty" aspects of living in an active industrial area. Nonetheless, existing industrial uses could potentially be the subject of complaints from future residents. RECOMMENDATION To address these property owners' concerns, Planning Services and Legal staff have collaborated on the following language to be added to the Historic Millwork District PUD ordinance in Section E: 3. Within the PUD the standards by which levels of emissions of noise, odor, light, dust, smoke, steam, vibration and other customary industrial byproducts are judged shall be the same as the standards by which such emissions within HI districts are judged. Memo to Michael Van Milligen HMD PUD response to property owners concerns Page 3 REQUESTED ACTION The requested action is for the City Council to refer the amendment of the Historic Millwork District PUD ordinance to the Zoning Advisory Commission, because the Commission has not considered this amendment. This referral will give City staff time to meet with property owners to discuss this amendment prior to the Zoning Advisory Commission's review. It also will give the Commission the opportunity to discuss the amendment at a public hearing, and then make a recommendation to the City Council. LC /mkr Enclosures cc: Charles Miller, Vice Chairperson, Zoning Advisory Commission Kyle Kritz, Associate Planner Guy Hemenway, Assistant Planner David Heiar, Economic Development Director Aaron Dejong, Assistant Economic Development Director Tim O'Brien, Assistant City Attorney John White Ice Sculptures 409 Burch St. Dubuque, Ia. 52001 563- 580 -0957 Planning Services Dept. City Hall 2nd fl 50 W. 13th St. Dubuque, Iowa 52001 Historic Millwork District PUD I am the owner of 925 and 955 Jackson St. Dubuque Iowa. I have the following concerns. 1) that this zoning change does not give a buffer zone to put residential next to Industrial zone 2) Changing my zoning and giving me conditional use does not address the problem of noise and the fact that that I currently use the building 24 hrs a day at times and residential neighbors will not like that use, does that conditional use give me the exemption for the use ( hours and noise) 3) Truck noise 24 hrs a day at times 4) If I find a buyer that wants to put other industrial uses in that building that does not qualify in your use plan if I am grand - fathered in on the industrial zone do I pass on the industrial zone statis to the next owner. Because none of these question have been answered to my satisfaction I am requesting that you give me the Same exemption as you have granted Jeldwen and give me a spot exemption and do not change my zone To the PUD. I have contacted the Planning services dept on 3 occasions and to this date I have not received a call back. John H. White Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Laura Carstens, Planning Services Managers5 SUBJECT: Property owner question regarding Historic Millwork District PUD DATE: February 9, 2010 REQUESTED ACTION This information is provided for City council to receive and file. LC /mkr Enclosures Dubuque l blikzA cacti �� 11' 2007 INTRODUCTION In connection with the City of Dubuque's proposed PUD ordinance for the Historic Millwork District, we have received the enclosed correspondence from an attorney on behalf of Wayne Stewart. DISCUSSION Mr. Stewart owns property in the District as shown on the enclosed map. This property is being used as a contractor's shop and yard. There are two buildings and construction equipment on the site. Under the PUD ordinance, this use is proposed to be changed from a permitted use to a conditional use. The use can continue as is indefinitely. An expansion would require a conditional use permit from the Zoning Board of Adjustment Mr. Stewart objects to the PUD rezoning. The letter from his attorney lists three concerns. At my request, Assistant City Attorney Tim O'Brien prepared the enclosed response. CONCLUSION The concerns raised by Mr. Stewart were raised during the Port of Dubuque PUD rezoning. The City prevailed in the courts on that case. With that rezoning, the City Council adopted a PUD ordinance to implement the Port of Dubuque Master Plan. In the subject rezoning, the City Council is being asked to adopt a PUD ordinance to implement the Historic Millwork District Master Plan. Brian J. Kane Les V. Reddick* Brad J. Heying Todd L. Stevenson* Kevin T. Deeny** Bradley B. Kane Joseph P. Kane All admitted in Iowa *Also admitted in Illinois * *Also admitted in Wisconsin KANE, NORBY & REDDICK, P.C. ATTORNEYS 2100 ASBURY ROAD, SUITE 2 DUBUQUE, IA 52001 -3091 February 2, 2010 Mr. Jeff Stiles, Chair and Members of the City of Dubuque Zoning Advisory Commission Planning Services City Hall Second Floor 50 W 13t Street Dubuque, IA 52001 Re: Revised Historic Millwork District PUD Ordinance / Wayne C. Stewart Dear Mr. Stiles and Members of the Commission: 11 J FEB - 32010 CITY OF DU?,FtJOUE n ^,F.!IN C .` Of Counsel: Gary K Norby Phone: (563) 582 -7980 Facsimile: (563) 582 -5312 E- mail:bkane @kanenorbylaw.com We are counsel for Wayne C. Stewart and have been provided with a copy of the January 20, 2010 letter to Historic Millwork District property owners Mr. Stewart received from Ms. Laura Carstens, Planning Services Manager, with regard to your scheduled February 3, 2010 meeting to consider, among other things, proposed zoning changes and development plans with respect to the Historic Millwork District. As we understand it, that district includes all real property generally located south of 12t Street, east of White Street and west of "Hwy 61/151, as indicated on Exhibit A to the City's proposed ordinance in this regard. Mr. Stewart indicates to us that he owns real estate within those boundaries which is presently zoned, as he understands it, heavy industrial. At the direction of Mr. Stewart, we write you to express his objection to the imposition of the Historic Millwork District PUD Planned Unit Development Ordinance on his real estate in that area. Mr. Stewart advises that he acquired the property for legitimate, business purposes for principal uses allowed by the City of Dubuque ordinances for heavy industrial zoning. Obviously, inclusion of his land in the proposed Historic Millwork District will, if passed by the City Council, adversely affect his ability to use his real estate for its intended heavy industrial purposes. As you February 2, 2010 Page 2 KANE, NORBY & REDDICK, P.C. know, Mr. Stewart is the owner of, among other things, an excavation and construction company which could avail itself of these parcels. We have the following concerns for your consideration: 1. A municipality may not down zone property to the point that the property cannot be improved with any development that would be economically feasible. Any such rezoning would amount to an unconstitutional taking. To date, as we understand it, there has been no showing that the property, after it is re -zoned over Mr. Stewart's objection, can be developed. Further, as we understand it, there is no showing that the Millwork District can be successfully re -zoned into a residential area given its proximity to existing industrial and/or commercial uses; 2. We believe that zoning ordinances should be designed to encourage efficient urban development patterns, to lessen congestion in streets, to service the public with respect to the general welfare and public services and avoid undue concentration of population. In this regard, see Iowa Code § 414.3(2009). This Millwork District, as we understand it, will advance congestion and crowding and traffic concerns in the area, not improve them; and, 3. A "taking" under United States and Iowa Constitutions is not limited to the appropriation of a fee. See, Iowa Constitution Article I, Section 18. An inverse condemnation occurs when a government body takes an owner' s property without the institution of formal condemnation proceedings. In this case, Mr. Stewart will be unable to use his property for its intended purpose consistent with existing zoning. Elimination of his rights to so develop his property for legitimate business purposes constitutes a taking under the Federal and Iowa Constitutions. For these and other reasons, we respectfully request that you exclude Mr. Stewart's property contained within the borders of the proposed Millwork District or, alternatively, defer any action on the proposed Millwork District ordinance until such time as Mr. Stewart's objections as above noted can be addressed and adequately dealt with in a fair and unbiased fashion. We thank you for your consideration of these matters. We respectfully request that you include this letter within the minutes and/or comments of your meeting on February 3, 2010. Thank you. February 2, 2010 Page 3 BJK:ald cc: Mr. Wayne C. Stewart Barry A. Lindahl, Esq. KANE, NORBY & REDDICK, P.C. G: \WPDOCS\Angie \CORRES \Stewart Wayne LET to Zoning Advisory Commission.wpd Best regards, KANE, NORBY & REDDICK, P.C. \'w3n\ Property Owners Opposed to Rezoning Masterpiece on the Mississippi JAMES (TIM) A. O'BRIEN, ESQ. ASSISTANT CITY ATTORNEY To: Laura Carstens City Planner DATE: February 5, 2010 MEMORANDUM RE: Historic Millwork District PUD/Wayne Stewart Comments As you requested, I have reviewed the letter submitted to the Zoning Advisory Commission by the attorney for Wayne Stewart. The comments offered for consideration by the Zoning Commission and my analysis are as follows: The first comment asserts that a municipality may not down -zone property to the point that the property cannot be improved with any development that would be economically feasible and doing so would amount to a taking of the property and entitle the owner to compensation. The comment then goes further implying that it is the burden of the City to show that the property can be developed by the owner. In fact the burden is on the person challenging a zoning ordinance to rebut the presumption that the ordinance is valid. It is only when the property owner can show that the rezoning has resulted in the property having no viable use that a taking occurs. A property owner has no vested right to the continuation of the existing zoning when the public interest dictates a need for a change. The second comment goes to the merits or advisability of the zoning change and cites to Iowa Code Section 414.3. This section of the Iowa Code recites a number of considerations that go into the legislative analysis of what zoning classification should be adopted for various areas of a city. This is a judgment call within the discretion of the City Council with the limitation that it may not be unreasonable, capricious or inconsistent with the spirit or design of the zoning statute. Once again the burden is on the person challenging the zoning ordinance to rebut the presumption that the rezoning is valid and to show that the ordinance is unreasonable. Comment three asserts that if Mr. Stewart is unable to use his property for its intended purpose because of the rezoning, such action amounts to a taking. As mentioned above the law is clear that property owners have no right to the continuation of a particular zoning classification and that a taking occurs only when the zoning prohibits all economically viable use of the property. Masterpiece on the Mississippi TO: Zoning Advisory Commission FROM: Laura Carstens, Planning Services Manager -W. SUBJECT: Historic Millwork District PUD Ordinance DATE: January 20, 2010 Dubuque pe-Amedcacity 11111F 2007 INTRODUCTION This memorandum transmits the proposed Historic Millwork District PUD Planned Unit Development ordinance that creates custom zoning and development regulations for this revitalization area. BACKGROUND The Historic Millwork District Master Plan adopted by the City Council in 2009 is intended to foster opportunities for retention of existing businesses as well as recruitment and expansion of new businesses into the substantial floor space that the existing large warehouses offer. Highlights of the Master Plan include the conversion of over 1 million square feet of vacant and /or underutilized space into a live, work, play community. The existing industrial uses, and the growing adaptive reuse of these warehouses into a mix of office, commercial, entertainment, and residential uses, are supported by the Master Plan's unique qualities of melding market opportunities, sustainable design, historic preservation and sound planning principles. DISCUSSION The attached Historic Millwork District PUD Ordinance describes the area (Exhibit A), uses, standards, and conceptual plan (Exhibit B), and sign regulations (Exhibit C). The proposed rezoning is from the current C -4 Downtown Commercial District and HI Heavy Industrial District to Planned Unit Development (PUD) with a PC Planned Commercial designation. The uses allowed in the C-4 and HI zoning districts form the basis for the proposed uses in the PUD. Currently, commercial services, wholesale and manufacturing uses are permitted uses while residential uses above the first floor and retail sales and service are conditional uses in the HI District. The proposed PUD ordinance "flips" this use configuration. Historic Millwork District PUD Ordinance Page 2 The Historic Millwork District Master Plan was used to further refine the uses, bulk regulations, and performance standards described in the PUD ordinance. The plan is available on the City website at http:// www .cityofdubuque.org /index.aspx ?NID =1158. The Downtown Design Guidelines are incorporated into the PUD in accordance with the Master Plan. Waivers from the guidelines are reviewed by the Historic Preservation Commission. The guidelines are available on the City website at http:// www .cityofdubuque.orq /index.aspx ?NID =1295. Major discussion points for the Historic Millwork District PUD Ordinance follow: 1. Principal and conditional uses found in C -4 and HI districts suggested for deletion are shown in strikethrough text. Commercial services, wholesalers and manufacturing uses have been moved from permitted uses to conditional uses. Existing commercial services, wholesalers and manufacturing uses that would become conditional uses are allowed to continue; however, any expansion requires approval of a conditional use permit by the Zoning Board of Adjustment. Board applications generally are handled in less than 30 days, and most requests are approved. A new use, artisan production shop, has been added to the list of permitted uses. An artisan shop is defined as a building or a portion thereof used for the creation of original handmade works of art or craft items by artists or artisans, as either a principal or accessory use. 2. The current C -4 restriction of residential uses to above the first floor only has been eliminated since the Master Plan speaks to residential uses on the ground floor. The PUD would allow residential uses on all building levels. The HI conditional use of residential units is deleted, since this use would be allowed by right as a permitted use in the PUD. 3. In the bulk regulations section, the maximum building height (now 150 feet in HI and 75 feet in C -4) is eliminated. Building height would be regulated through application of the Downtown Design Guidelines to all redevelopment and new construction. The Master Plan recommends that new construction on the blocks between 12 and 11 Streets should transition in scale from the Washington Neighborhood to the District, and this language is in the bulk regulations section. 4. Off - premise signs are prohibited in the PUD; currently, they are allowed in C -4 and HI Districts. On- premise signs in the PUD would follow the sign regulations in Exhibit C and be subject to the Downtown Design Guidelines. Free - standing signs are limited to monument style signs, such as the sign at the Wilmac property, as opposed to pole signs. In addition to the tenant signage for multi - tenant buildings, each multi- tenant building is permitted a "center" sign of up 10% of each building wall (minus openings) that fronts a street up to a cap of 150 square feet. One under - canopy sign per business of up to 6 square feet in area is Historic Millwork District PUD Ordinance Page 3 now permitted. A comprehensive sign plan is required for all multi- tenant buildings. 5. The Performance Standards include a guiding sustainability theme, and then goes on to list the specific standards that will regulate development. These are discussed in more detail below. a. The Conceptual Development Plan references the Development Summary of the Master Plan, and it is attached as Exhibit B. The map labeled as page 50 of in the Master Plan and also in Exhibit B shows a lot of residential as ground floor uses. City staff agreed that flexibility in ground floor uses would be better. The following language has been added and the map colors have changed from the Master Plan to "flexible orange" in Exhibit B: The Land Use / Development Patterns depicted in the Historic Millwork District Master Plan for ground floor uses reflect a predominance of residential uses; however, for district sustainability, these ground floor uses shall be characterized by a flexible designation for the Historic Millwork District PUD Conceptual Development Plan. b. Off - street parking is not required as part of the Historic Millwork District PUD; however, if a property owner chooses to provide surface off - street parking, the City Council must first approve the request and the regulations listed in the PUD apply. Off - street parking spaces in a building are allowed as an accessory use, subject to other City Codes. Parking structures (ramps) are allowed in the PUD subject to City Council review and the standards listed in the PUD. c. Site lighting, open space, stormwater management, and exterior trash collection areas are regulated in the PUD similarly to elsewhere in the city. Exterior storage would be allowed in the PUD. 6. City staff considered the "three- dimensional" regulation of land uses due to the number of stories and large floor plates of the historic warehouse buildings. The Master Plan recommendations were reviewed, and the site development section of the Performance Standards was drafted as follows to provide guidance for development in the PUD: A. Final site development plans shall be submitted in accordance with provisions of Article 12 (Site Plans) and Article 13 (Site Design Standards) of the Unified Development Code prior to construction or expansion of any buildings, free - standing signs, or parking facilities has they would elsewhere in the city]. The Downtown Design Guidelines shall apply to site development in the District PUD, and shall take precedence over the Design Standards for Big Box Retail Uses (over 100,000 square feet) and the Design Standards for Historic Millwork District PUD Ordinance Page 4 Retail Commercial Uses (over 60,000 square feet) and Regional Shopping Centers in Article 13 of the Unified Development Code. B. Retail uses should be clustered around each other and adjacent to public spaces, such as at the intersection of 10 and Washington Streets, in the Farley &' Loetscher and Kirby Buildings along 7 Street, and in a highly visible commercial corridor at the east edge of the District along EIm Street. C. Land uses should transition from industrial on the south to residential on the north, with new commercial or mixed use buildings along the new block to be created by realigning EIm Street. PUD Property Owner Review Process In the rezoning process for the Historic Millwork District PUD, the City is the applicant, and will strive to reach consensus with the property owners while remaining consistent with the Master Plan. The enclosed PUD ordinance reflects revisions made based on property owner input. A PUD ordinance with exhibits was mailed out to property owners, and then presented at a property owner meeting on December 16, 2009. Planning Services and Economic Development staff were at the meeting. Eleven property owners attended. Two other property owners contacted staff, but were not able to attend. The enclosed December 18, 2009 memo from me reviews the questions and concerns staff noted at the meeting. Individual owners received staff follow -up after the December 16, 2009 meeting via letters providing further information as well as follow -up calls, meetings and /or emails. City staff collaborated with two local architects who are familiar with historic buildings to modify the C -4 district sign regulations for the PUD. A follow -up meeting on the revised PUD sign regulations was held with the four main property owners on January 15, 2010. The enclosed PUD ordinance with exhibits was mailed out to property owners with a brief cover letter of changes made as a result of their input, along with a notice of the Zoning Advisory Commission's February 3, 2010 public hearing. RECOMMENDATION Planning Services staff recommends adoption of the Historic Millwork District PUD. Enclosures cc: Dave Heiar, Economic Development Director Aaron DeJong, Assistant Economic Development Director Prepared by: Laura Carstens, City Planner Address: 50 W. 13th St. City Hall Telephone: 589 -4210 Return to: Jeanne Schneider, City Clerk, Address: City Hall- 50 W. 13 Street Telephone: 589 -4121 ORDINANCE NO. -10 AN ORDINANCE AMENDING TITLE 16, THE UNIFIED DEVELOPMENT CODE OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED SOUTH OF 12 STREET, EAST OF WHITE STREET AND WEST OF HIGHWAY 61/151 FROM C -4 DOWNTOWN COMMERCIAL AND HI HEAVY INDUSTRIAL DISTRICT TO PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PC PLANNED COMMERCIAL DESIGNATION FOR THE HISTORIC MILLWORK DISTRICT PUD. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16, the Unified Development Code of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter - described property from C -4 Downtown Commercial and HI Heavy Industrial District to PUD Planned Unit Development District with a PC Planned Commercial District designation and adopting a conceptual development plan, a copy of which is attached to and made a part hereof, to be known as the Historic Millwork District PUD , is hereby adopted and approved for the following described property, to wit: All real property generally located south of 12 Street, east of White Street and west of Highway 61/151 as highlighted in Exhibit A, and to the centerline of the adjoining public right -of -way, all in the City of Dubuque, Iowa. A. Use Regulations. The following regulations shall apply to all uses made of land in the above - described PC Planned Commercial District: Principal permitted uses: The following uses are permitted in the Historic Millwork District PUD: 1. Places of religious exercise or assembly. Historic Millwork District PUD Page 2 2. Public, private or parochial school approved by State of Iowa (K- 12). 3. Public or private park, golf course, or similar natural recreation area. 4. Railroad and pubic or quasi - public utility, including substation. 5. Residential use above the firot floor only. 6. Housing for the elderly and persons with disabilities (not identified with (5) above). 7. Mortuary or f home 8. Noncommercial art gallery. 9. Museum or library. 10. School of private instruction. 11. Private club. 12. General office. 13. Medical office or clinic. 14. Dental or medical lab. 15. Barber or beauty shop. 16. Hotel. 17. Gas station. 18. Shoe repair. 19. Laundry or drycleaner. 20. Bakery (wholesale or commercial). 21. Retail sales or service. 22. Indoor restaurant. 23. Bar or tavern. 24. Automated gas station. Historic Millwork District PUD Page 3 25. Scrvice station. 26. Supermarket. 27. Tailoring or alterations. 28. Furniture or home furnishing. 29. Appliance sales or service. 30. Catalog centcr. 31. Animal hospital or clinic. 32. Laundromat. 33. Furniture upholstery or repair. 34. Artist studio. 35. Photographic studio. 36. Neighborhood shopping center. 37. Business services. 38. Department store .ry 39. Auditorium or assembly hall. 40. Indoor theater. 41. Bank, savings and loan, or credit union. 42. Indoor amusement center. 43. Vending or game machine sales and service. 44. Indoor recreation facility. 45. Mail order house. 46. Uses. 47. Printing or publishing. 48. Upholstery shop. . Moved to Conditional Historic Millwork District PUD Page 4 49. Parking structure. 50. Contractor shop or yard. Moved to Conditional Uses. 51. Wholesale salt /distributor. Moved to Conditional Uses. 52. Agri Guttural supply sale,. Moved to Conditional Uses. 53. Vocational school. 54. Business or secretarial school. 55. Passenger transfer facility. 56. Lumberyard or building materials. Moved to Conditional Uses. 57. Freight transfer facility. Moved to Conditional Uses. 58. Fuel and icc dcaler. 59. Cold storagc or locker plant. 60. Moving or storage facility. Moved to Conditional Uses. 61. Manufacture, acccmbly, repair or storagc of electrical and . Moved to 62. 63. Warehousing and storage facility. 64. Mi" weFking. Moved to Conditional Uses. 65. 66. Conditional Uses. ode_. V41. Laboratory for research, development, or engineering. P Coy clocks; medical, dental, optical or similar scientific instrumcnts; . Moved to Conditional Uses. Uses. 67. Artisan production shop. New Use cscmbly or tr tment of articles or paper; I athcr; fiber; glass; hair; wax; metal; concretc; fcathcrs; Moved to Conditional Historic Millwork District PUD Page 5 Accessory Uses: The following accessory uses are permitted in the Historic Millwork District PUD: 1. Any use customarily incidental and subordinate to the principal use it serves. 2. Boiler system in use as part of an industrial business or use. 3. Outdoor seating as part of an indoor restaurant, bar or tavern. Conditional Uses: The following conditional uses are permitted in the Historic Millwork District PUD, subject to the provisions of Article 8 of the Unified Development Code that establishes requirements for application to the Zoning Board of Adjustment for a conditional use permit, and any other specific conditions listed below for a conditional use. 1. Drive -in or carry-out restaurant. 2. Drive -up automated bank teller. 3. Sclf servicc carwash. 4. Full scrvicc car wash. 5. Auto servicc ccntcrs (TBA). 6. Auto calec o r ser 7. Auto repair or body shop. 8. Motorcycle sales and ccrvice. 9. Boat sales and scrvicc. 10. 11. Vehicle rental. 12. Construction supplies sales and service. 13. Contractor shop or yard. 14. Wholesale sale /distributor. 15. Agricultural supply sales. 16. Lumberyard or building materials. Historic Millwork District PUD Page 6 17. Freight transfer facility. 18. Moving or storage facility. 19. Millworking. 20. Manufacture, assembly, repair or storage of electrical or electronic products, components or equipment. 21. Manufacture or assembly of musical instruments; toys; watches or clocks; medical, dental, optical or similar scientific instruments; orthopedic or medical appliances; signs or billboards. 22. Manufacturing, compounding, assembly or treatment of articles or products from the following substances: clothing or textiles; rubber, precious or semiprecious stones or metals; wood; plastics; paper,. leather; fiber; glass; hair; wax; metal; concrete; feathers; fur; cork; and celluloid or cellulose products. 23. District energy system. 24. Private energy generation facility. 25. Exterior storage. a. The building in which the residential use to be ! ocated contains no existing industrial ucc and will be p rohibiterd from active. b- o m ini mum of 6 50 square feet of area be provided for each unit. 27. Licensed child care centers, provided that: a. Such facility shall supply loading and unloading spaces so as not to obstruct public streets or create traffic or safety hazards; b. All licenses have been issued or have been applied for and are awaiting the outcome of the state's decision; and c. Such use shall not be located within the same structure as any gas station, bar /tavern, automated gas station or any facility selling, servicing, repairing, or renting vehicles. Historic Millwork District PUD Page 7 d. The conditional use applicant certifies that the premises on which the licensed child care center will be located complies with, and will for so long as the licensed child care center is so located, continue to comply with all local, state and federal regulations governing hazardous substances, hazardous conditions, hazardous wastes, and hazardous materials. e. If the applicant is subject to the requirements of Section 302 of the Superfund Amendments and Reauthorization Act of 1986, as amended, the Emergency Management Director shall certify whether or not the applicant has submitted a current inventory of extremely hazardous substances kept or stored on the premises. If any such extremely hazardous substances are kept or stored on the premises, the applicant shall also post in a conspicuous place on the premises a notice indicating a description of the extremely hazardous substances, and the physical and health hazards presented by such substances. f. Applicant shall submit an evacuation plan for approval by the City, both written and drawn, that details where the children will go in the event of a hazardous materials incident. The plan shall include a "house in place" scenario in which the children can be kept safely within a room of the building that has no penetration to the outside (windows, doors, etc). Applicant shall submit plans for approval by the City that indicate the installation of a main emergency shut -off switch for the heating, ventilation, and air conditioning (HVAC) system to minimize the infiltration risk of airborne hazardous materials. g. B. Lot and Bulk Regulations. The following bulk regulations shall apply in the Historic Millwork District PUD, subject to the provisions of the Unified Development Code. 1. Setbacks: a) Front yard = 0 feet b) Side yard = 0 feet c) Rear yard = 0 feet 2. Building Height - 150 fcct no maximum. Historic Millwork District PUD 3: New Construction Transition. New construction on the blocks between 12 Street and 11 Street should transition in scale from the Washington Neighborhood to the District PUD. Maximum Page 8 provided thcy arc required for a use permitted in the district in condensers, elevator bulkheads, stair towers, belfries, stacks, ornamental towers, monuments, cupolas, domes, spires, and housing. C. Sign Regulations. 1. The number, size and location of signs in the Historic Millwork District PUD shall be regulated in accordance with Exhibit C and all other applicable regulations of Article 15 of the Unified Development Code. 2. A comprehensive sign plan is required as part of the sign permit submittal for all multi- tenant buildings. 3. Free - standing signs in the District PUD shall be monument -style signs. 4. The design of signage shall comply with the Downtown Design Guidelines for signs. Waiver requests from these guidelines shall be reviewed by the Historic Preservation Commission in accordance with the provisions of Article 10 of the Unified Development Code. 5. Variance requests from sign requirements established in Article 15 of the. Unified Development Code shall be reviewed by the Zoning Board of Adjustment in accordance with provisions of Article 8 of the Unified Development Code. 6. Off - premise signs are prohibited in the Historic Millwork District PUD. D. Performance Standards. Creation of a viable, equitable, and livable mixed -use neighborhood in the Historic Millwork District PUD that includes residential, retail, office, commercial, and industrial uses requires both strategy and flexibility for its sustainability. The development and maintenance of uses in the Historic Millwork District PUD conceptually should follow the goals, Historic Millwork District PUD Page 9 objectives, and recommendations of the Historic Millwork District Master Plan, incorporated herein by reference and on file in the Planning Services Department. The development and maintenance of uses in the Historic Millwork District PUD shall be regulated as follows: 1. Conceptual Development Plan a. Referenced herein as Section 5. Development Summary of the Historic Millwork District Master Plan, and shown on Exhibit B, on file in the Planning Services Department, and made a part of this zoning reclassification by reference as the Conceptual Development Plan for the Historic Millwork District PUD. b. 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. c. The Land Use / Development Patterns depicted in the Historic Millwork District Master Plan for ground floor uses reflect a predominance of residential uses; however, for District sustainability, these ground floor uses shall be characterized by a flexible designation for the Historic Millwork District PUD Conceptual Development Plan as shown in Exhibit B. 2. Parking Regulations Off- street parking is not required as part of the Historic Millwork District PUD. Off - street parking spaces may be provided in a building as an accessory use, subject to review and approval under Building, Fire, and other applicable City Codes. If a property owner chooses to provide surface off - street parking within the District PUD, the City Council must first approve the request and the following regulations shall apply: a. Parking lot design shall comply with the Downtown Design Guidelines for surface parking Tots. b. All vehicle - related features shall be surfaced with standard or permeable asphalt, concrete, or pavers. c. Curbing and proper surface drainage of storm water shall be provided. Historic Millwork District PUD Page 10 d. All parking and loading spaces shall be delineated on the surfacing material by painted stripes or other permanent means. e. 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. f. 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. 3. Parking Structures. Parking structures (ramps) are allowed in the Historic Millwork District PUD subject to City Council review and the following standards: a. Parking structures shall comply with the Downtown Design Guidelines for parking facilities. b. The size and design of parking spaces shall be governed by applicable provisions of the Unified Development Code enforced at the time of development. c. 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. 4. Site Lighting a. 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. b. 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. Historic Millwork District PUD Page 11 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. d. The design of exterior lighting luminaries shall comply with the Downtown Design Guidelines for signs. Waiver requests from these guidelines shall be reviewed by the Historic Preservation Commission in accordance with the provisions of Article 10 of the Unified Development Code. 5. Open Space It is the intent of these regulations that the development of open spaces (if provided) shall reflect a high quality of environmental design. The following provisions shall apply. a. Open space plans are required as part of submittals for site plan review. Such plans are to include type, number and size of proposed plantings, paving and other open space amenities. Open space areas shall be designed in compliance with Downtown Design Guidelines and the Historic Millwork District Master Plan. b. Within one (1) year following completion of construction, or by the date that a building is issued an occupancy certificate by the Building Services Department of the City of Dubuque, whichever first occurs, required open space amenities shall be installed. 6. Stormwater Management The developer shall be responsible for providing stormwater management in a means that is satisfactory to the City Engineer and consistent with the Historic Millwork District Master Plan. Sustainable, low impact development techniques for stormwater management approved by the City Engineer will be used where feasible. Other applicable regulations also enforced by the City Engineer relative to stormwater management and drainage shall apply to the subject property. 7. Exterior Trash Collection Areas Historic Millwork District PUD Page 12 a. The storage of trash and debris shall be limited to that produced by the principal permitted use and accessory uses of the lot. b. 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. c. Exterior trash collection areas shall comply with the Downtown Design Guidelines for service areas. 8. Exterior Storage a. Exterior storage is allowed in the Historic Millwork PUD District. Exterior storage areas shall comply with the Downtown Design Guidelines for service areas. b. The use of semi - trailers and /or shipping containers for storage is prohibited. 9. Final site development plans shall be submitted in accordance with provisions of Article 12 and Article 13 of the Unified Development Code prior to construction or expansion of any buildings, free - standing signs, or parking facilities. The Downtown Design Guidelines shall apply to site development in the District PUD, and shall take precedence over the Design Standards for Big Box Retail Uses (over 100,000 square feet) and the Design Standards for Retail Commercial Uses (over 60,000 square feet) and Regional Shopping Centers in Article 13 of the Unified Development Code. 10. Retail uses should be clustered around each other and adjacent to public spaces, such as at the intersection of 10 and Washington Streets, in the Farley & Loetscher and Kirby Buildings along 7 Street, and in a highly visible commercial corridor at the east edge of the District along Elm Street. 11. Land uses should transition from industrial on the south to residential on the north, with new commercial or mixed use buildings along the new block to be created by realigning Elm Historic Millwork District PUD Page 13 Attest: Street in accordance with the Historic Millwork District Master Plan. E. 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. F. Transfer of Ownership Transfer of ownership or lease of property in the Historic Millwork District PUD shall include in the transfer or lease agreement a provision that the purchaser or lessee acknowledges awareness of the conditions authorizing the establishment of the District PUD. G. 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 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 day of 2010. Roy D. Buol, Mayor Jeanne F. Schneider, City Clerk F:/ Melinda /WP /COUNCIUOrdinances /millwork district rezoning c -4 to pud v5 Exhibit A Historic Millwork District PUD Boundary Legend Historic Millwork District PUD �Mn tPYf71P!`P. M1 the Mi RSk iniii Dubuque 11 0 J U CC W 2 0 0 Masterpiece on the Mississippi TO: FROM: SUBJECT: DATE: Michael Van Milligen, City Manager Cindy Steinhauser, Assistant City Manager Dave Heiar, Economic Development Director Tim O'Brien, Assistant City Attorney Laura Carstens, Planning Services Manager Historic Millwork District PUD Ordinance December 18, 2009 Dubuque katirg All-America City 2007 INTRODUCTION The purpose of this memorandum is to transmit the comments received from property owners regarding the Historic Millwork District PUD ordinance for review and discussion at our meeting on December 23, 2009. DISCUSSION The enclosed PUD Ordinance packet was mailed to 37 affected property owners. A meeting for property owners to discuss the PUD was held on December 16, 2009. Aaron DeJong, Kyle Kritz, Guy Hemenway, and I were at the meeting. Eleven property owners attended (see attached list). Two other property owners contacted staff, but were unable to attend. The following comments were received. 1. Ryan Montague, Adult Warehouse, called regarding the impact to his non- conforming adult entertainment business. He indicated he has had offers to buy his building, but can't sell until he can find a place to relocate his business. He has the zoning information from our office, but has not found an available site. 2. Sean Stackis, P & K Packaging, called about the impact on his business, and whether the City would be buying properties. 3. Phil Mihalakis, Steel Mart, questioned why his property is in the PUD when there is no land use designation for it in the plan. His property is vacant land in the northeast corner of the district along the freeway. He asked for a copy of the Downtown Design Guidelines. He suggested using the railroad as a place to transition. Historic Millwork District PUD Ordinance December 18, 2009 Page 2 4. Tom and Jeanne Hamel, Hamel Parking Lot Service, own the building at 10 and White Streets, southeast corner. Mr. Hammel asked about the City policy for assessments with future alley improvements between 10 and Jackson Streets. He also asked about the brick streets. 5. Jim Avery, Avery Railing, 168 E. 10 Street, was concerned with the shift of industrial uses to the category of conditional use, and if his business was still allowed. He asked if expansion was allowed. He asked about residential uses, signs and noise. He was concerned about future district residents complaining about noise from industrial uses. 6. Tony Pfohl, Fischer Companies, was concerned about taking commercial services, light manufacturing, and wholesale uses out of the permitted use category and making them conditional uses. In particular, he was concerned with the switch to conditional uses for the following: #46, 50, 51, 59, 61 and 69. He was concerned about how painted "ghost" signs and artwork on buildings will be handled. He felt the proposed sign regulations don't allow big enough signs. He does not like HPC review of signs. He felt money is an issue for parking lot design. He had a concern that within one year, property owners must install open space amenities. Mr. Pfohl wants #10 on Page 12 deleted because the south area has housing too. He is concerned with the exclusion of residential uses for the Kirby Building and the Farley - Loetscher Building. Mr. Pfohl also was concerned with why Jeld -Wen does have to comply with the PUD Ordinance. He said streets and sidewalks are mainly an issue. He was concerned with the appearance of the streetscape, the design guidelines on Jackson Street, next to Jeld -Wen, and exclusion of Jeld -Wen from the PUD and design guidelines. He wants the PUD boundary to move from the centerline of Jackson Street to the east curb line of Jackson Street. He also wants sidewalks on both sides of Jackson Street, including along Jeld -Wen. He does not want Jeld -Wen's 18- wheelers blocking the street. 7. Jim Doudna, Spahn & Rose Lumber Co., asked about design guidelines for new construction, and requested a copy of the Downtown Design Guidelines. He expressed concerns with the requirement that new commercial buildings for Spahn & Rose meet the Downtown Design Guidelines, and asked about waivers. 8. Jeff Stiles, Sustainable Neighborhood Builders, asked if residential would be permitted on the first floor of their building (Bob Johnson's property). Historic Millwork District PUD Ordinance December 18, 2009 Page 3 9. David Miner, Miner Plumbing, Inc., asked about the transition in building height, setbacks for conditional uses, timing for redevelopment, and if the City would be purchasing properties. RECOMMENDATION Based on the comments received, Planning Services staff recommends that we stay the course with the PUD as written. Some of the questions and concerns are separate from the PUD rezoning process.We believe the City Council should receive the PUD ordinance as proposed, so they have the ability to amend boundaries or change provisions as they see fit based on input from staff and property owners. We encouraged property owners to stay engaged in the public hearing process at the Zoning Advisory Commission and City Council meetings. We tentatively have scheduled the Zoning Advisory Commission's public hearing on the PUD for February 3, 2010. The City Council's public hearing tentatively would be February 15, 2010. LBC /mkr Enclosures cc: Kyle L. Kritz, Associate Planner Guy Hemenway, Assistant Planner Aaron Dejong, Assistant Economic Development Director re :given e :Dubin City ` Council will conduct a, public. hearing at a meeting to 'commence at 630 p.m on February ,1.5, 2010,1n • the ,Historic; : Federal Building,` 350;'West 6th Street, on the following. Rezoning Request of the City of Dubuque to rezone . property bounded by 12th Street on the North, White, Street to the: West,, Freeway` 61/151.to the East and ,,5th>,Street to the' South from :C 4. Downtown Commercial District and HI. Heavy Industrial District to: PUD Planned Unit Development District I for 'the'; aera generally ,described: as the Historic Millwork.. District Copies of, supporting document's .for the public hearing are on file in the City Clerk's •Office. r and may be viewed. during normal working hour$.: Written;: ,comments above text, regarding,. amendment' .:may .:be submitted;'to the City Clerk's Office on or before said', time of public hearing. At said tr time and place',of public hearing ;all. interested citizens,,;andrr parties will be given, an, ,.'opportunity to ;be heard for or ' against,: said text amendment. Any visual 'or, hearing impaired:persons need- ing, especial assistance. orpersons with special accessibility - needs should contact the City Clerk's Office at. (563) 589-4120 or TDD (563) 690.6678 , :at (least 48 hours , prior to the meeting. Jeanne F. Schneider, pity this �fj.� day o 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: February 06, 2010, and for which the charge is $17.62. Subscribed to before me, a No ary Public in and for Dubuque County, Iowa, , 20 /4, . Notary Public in and for Dubuque County, Iowa. „y¢,"'7, l iARY K. WVESTERMEYER i ry Commission Number 154885 "My Comm, Exp. FEB, 1, 2011