Request to Rezone_Historic Millwork District PUDMasterpiece on the Mississippi
This item had previously come to the City Council for public hearing and, at my
recommendation, was referred back to the Zoning Advisory Commission.
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Laura Carstens, Planning Services Manager
Tim O'Brien, Assistant City Attorney
Michael C. Van Milligen
Dubuque
Itittri
All - America City
o r
2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Request to Set Public Hearing on Historic Millwork District PUD Ordinance
DATE: February 25, 2010
Planning Services Manager Laura Carstens is recommending that a public hearing be
set on the Historic Millwork District PUD Ordinance on March 15, 2010.
It now appears that there is no reason for the Zoning Commission to review this item,
and that is the reason it is being brought back to the City Council.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Planning Services Department
City Hall
50 West 13th Street
Dubuque, IA 52001 -4864
(563) 5894210 phone
(563) 589 -4221 fax
(563) 690 -6678 TDD
planning@cityofdubuque.org
rib 7 -'
Tefi;t> 6c1:
& SI
The Honorable Mayor and City Council Members
City of Dubuque
City Hall — 50 W. 13 Street
Dubuque IA 52001
THE CITY OF
DUB
Masterpiece on the Mississippi
Dubuque
1 111 I
2007
February 8, 2010
Applicant: City of Dubuque
Location: 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
Description: To rezone property from C -4 Downtown Commercial District and HI Heavy
Industrial District to PUD Planned Unit Development for the area generally
described as the Historic Millwork District.
Dear Mayor and City Council Members:
The City of Dubuque Zoning Advisory Commission has reviewed the above -cited
request. The application, staff report and related materials are attached for your review.
Discussion
Planning Services Manager Laura Carstens spoke in favor of the request, reviewing the
area to be rezoned, the list of permitted and conditional uses, setbacks, allowed
structure height, the application of Downtown Design Guidelines, residential uses,
mixed use zoning, and the publiryinput opportunities. She reviewed changes made to
the proposed Historic Millwork District PUD ordinance based on input from property
owners. Letters received in support and opposition were made part of the record.
There were several public comments. One speaker expressed concern regarding his
use being made a conditional use and his future ability to expand; staff agreed to
research the status of his use. The second speaker spoke in support.
The Zoning Advisory Commission discussed the request, reviewing changes to the
proposed ordinance, including the industrial uses being made conditional uses. The
Commission reviewed the process for obtaining a conditional use permit. The
Commission reviewed the PUD conceptual plan, noise concerns raised by some
property owners, and mixed use zoning.
The Commission discussed and voted 5 to 0, with one abstention, to change,
"laboratory for research, development or engineering" to a conditional use. The
Commission was concerned about the potential for hazardous or toxic chemicals to be
part of a lab's research.
Service People Integrity Responsibility Innovation Teamwork
The Honorable Mayor and City Council Members
Page 2
Recommendation
By a vote of 5 to 0, with one abstention, the Zoning Advisory Commission recommends
that the City Council approve the request.
A simple majority vote is needed for the City Council to approve the request as
recommended by the Zoning Advisory Commission.
A super majority vote is needed to approve the Historic Millwork District PUD with
changes not recommended by the Zoning Advisory Commission.
Respectfully submitted,
lueuati
Charles Miller, Vice Chairperson
Zoning Advisory Commission
Attachments
cc: David Heiar, Economic Development Director
Service People Integrity Responsibility Innovation Teamwork
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.
6. Housing for the elderly and persons with disabilities (not identified
with (5) above).
7. Noncommercial art gallery.
8. Museum or library.
9. School of private instruction.
10. Private club.
11. General office.
12. Medical office or clinic.
13. Dental or medical lab.
14. Barber or beauty shop.
15. Hotel.
16. Shoe repair.
17. Laundry or drycleaner.
18. Bakery (wholesale or commercial).
19. Retail sales or service.
20. Indoor restaurant.
21. Bar or tavern.
22. Supermarket.
23. Tailoring or alterations.
24. Furniture or home furnishing.
25. Appliance sales or service.
Historic Millwork District PUD Page 3
26. Animal hospital or clinic.
27. Laundromat.
28. Furniture upholstery or repair.
29. Artist studio.
30. Photographic studio.
31. Neighborhood shopping center.
32. Business services.
33. Department store.
34. Auditorium or assembly hall.
35. Indoor theater.
36. Bank, savings and loan, or credit union.
37. Indoor amusement center.
38. Vending or game machine sales and service.
39. Indoor recreation facility.
40. Mail order house.
41. Printing or publishing.
42. Parking structure.
43. Vocational school.
44. Business or secretarial school.
45. Passenger transfer facility.
46. Warehousing and storage facility.
47. Artisan production shop.
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.
Historic Millwork District PUD Page 4
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. Vehicle rental.
4. Construction supplies sales and service.
5. Contractor shop or yard.
6. Wholesale sale /distributor.
7. Agricultural supply sales.
8. Lumberyard or building materials.
9. Laboratory for research, development or engineering, provided
that such use complies with all local, state, and federal
regulations governing hazardous substances, hazardous
conditions, hazardous wastes, and hazardous materials.
10. Freight transfer facility.
11. Moving or storage facility.
12. Millworking.
13. Manufacture, assembly, repair or storage of electrical or electronic
products, components or equipment.
14. Manufacture or assembly of musical instruments; toys; watches or
clocks; medical, dental, optical or similar scientific instruments;
orthopedic or medical appliances; signs or billboards.
15. 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.
16. District energy system.
Historic Millwork District PUD Page 5
17. Private energy generation facility.
18. Exterior storage.
19. 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.
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).
g.
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)
Historic Millwork District PUD Page 6
system to minimize the infiltration risk of airborne hazardous
materials.
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 = no maximum.
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.
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 comprehensiye 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.
Historic Millwork District PUD Page 7
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,
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 lots.
b. All vehicle - related features shall be surfaced with standard
or permeable asphalt, concrete, or pavers.
Historic Millwork District PUD Page 8
c. Curbing and proper surface drainage of storm water shall be
provided.
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.
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:
i. Parking areas, driveways and loading facilities.
ii. Pedestrian walkway surfaces and entrances to
building.
iii. Building exterior.
b. Location and Design
i. 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 9
ii. Fixtures mounted on a building shall not be positioned
higher than the roofline of the building.
iii. All electrical service lines to posts and fixtures shall be
underground and concealed inside the posts.
iv. 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.
i. 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.
ii. 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 occurs
first, 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 10
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
Street in accordance with the Historic Millwork District Master
Plan.
Exhibit A
Historic Millwork District PUD Boundary
dasterpiece on the Mississippi
Dubuque
herd
2007
Historic Millwork District PUD Boundary 11_13_09
Historic Millwork District PUD Page 11
Attest:
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
Jeanne F. Schneider, City Clerk
day of 2010.
Roy D. Buol, Mayor
Masterpiece on the Mississippi
❑ Variance
❑Conditional Use Permit
DAppeal
❑Special Exception
❑ Limited Setback Waiver
DRezoning
Dubuque
!sue
2007
PLANNING APPLICATION FORM
Planned District
❑ Preliminary Plat
D Minor Final Plat
❑Text Amendment
❑Simple Site Plan
DMinor Site Plan
Please type or print legibly in ink
Property owner(s): Various (see attached list)
Address:
❑Major Site Plan
❑Major Final Plat
❑Simple Subdivision
DAnnexation
❑Temporary Use Permit
Phone:
City: State: Zip:
Fax Number: Cellular Number: E -mail Address:
Applicant /Agent: City of Dubuque Phone: 563.589.4210
Address: 50 W. 13 St. City: Dubuque State: IA Zip:52001
Fax: 563.580.4221 '' Cell: E -mail: PlanningPcitvofdubuque.org
Site location /address: Historic Millwork District PUD (see attached map)
Existing zoning: C -4 /HI Proposed zoning: PUD /PC District: No Landmark: No
Legal Description (Sidwell parcel ID# or lot number /block number /subdivision): See attached ordinance.
Total property (lot) area (square feet or acres): 50.31 acres
Describe proposal and reason necessary (attach a letter of explanation, if needed):.See attached memo.
FOR OFFICE USE ONLY — APPLICATION SUBMITTAL CHECKLIST
Fee: $0 Received by: Waived
❑ Site /sketch plan ❑ Conceptual Development Plan
City of Dubuque
Planning Services Department
Dubuque, IA 52001 -4864
Phone: 563 - 589 -4210
Fax: 563 - 589 -4221
❑Certificate of Economic Non - Viability
['Certificate of Appropriateness
['Historic Designation
['Neighborhood Assoc
['Advisory Design Review
❑Other:
CERTIFICATION: I /we, the undersigned, do hereby certify that:
1. It is the property owner's responsibility to locate property lines and to check your 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 becomes public
record;
3. Fees are not refundable and payment does not guarantee approval; and
4. All additional required written and graphic materials are attached.
Property Owner(s): Date:
Applicant /Agent: .� Date: // v9S 0
Date: 1/25/10 Docket:
❑Photo ❑ Plat
❑ Improvement plans ❑ Design review project description ❑ Floor plan ❑ Other:
THE CITY OF
Masterpiece rpiece on the Mississippi
Vicinity Map
Applicant: City of Dubuque
Location: 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
Description: To rezone property from C -4
Downtown Commercial District and HI Heavy
Industrial District to PUD Planned Unit
Development for the area generally described
as the Historic Millwork District.
Legend
Historic Millwork District
CI Zoning (B & W)
Base Data provided by Dubuque County GIS
Historic Millwork District PUD Boundary
Legend
e2 Historic Millwork District PUD
THE CITY OF
DUB
Masterpiece on the Mississippi
Dubuque
hlittd
2007
Historic Millwork District PUD Boundary 11_13_09
EXHIBIT B
S. Development Summary
Context Plan: Off Site Improvements
5. Development Summary
Central and White:
traffic calming or two -
way conversion upon
opening the Southwest
Arterial.
Netn_street
to the Port
7th St
Connection
to ShotTower
and Port
.
° Kerper
Blvd:'
Convert y � Vacate
frontage
road to •
two -war
CUNINGHAM
G R o U P
Illustrative Master Plan
5. Development Summary
46
Kirarley Plaza
CUNINGHAM
G P O U P
Places
Streets
10th Street
5. Development Summary
CUNINGHAM
G R 0 0 P
Places (continued)
Sp
Landform Park
-7 - ;4,7. -,
fY
isslowas
---- L L 4 11 •
■•••
1 I if! 1;11/111 )11.
I I)
f ill
Ta
Foundry Square
5. Development Summary
dit
CUN1NGHAM
6 R 11 P
Development Program
5 - Development Summary
Block Name Units(new) Non Res sf Parking
A Spahn and Rose 25 0 29
B Spahn and Rose 55 0 64
Z C Spahn and Rose 55 0 64
D Geisler 47 0 80
E
F
G
H
J
K
L Wilmac* 40 57,000
M JELD -WEN 0 0
N Kirby* 50 70,000
O
" ■ 0 Farley Loetscher* 64 89,600
TOTAL
Spahn and Rose 72 5,000
Caradco 84 10,000
Caradco 22 34,000
new 64 30,000
various 70 10,000
Caradco 84 35,000
Foundry Square 0 6,000
*assumes 1/2 residential, 1/2 non residential, see page 71
** (does not include on street parking)
72
45
44
150
50
0
200
28
0
344
235
634 359,000 1468 **
CUNINGHAM
G R 0 U P
Land Use / Development Patterns
Rehabilitation and New Construction
_ -
III Existing Buildings: Rehabilitation
1 New Construction
5. Development Summary
50
1. Retail
n Residential
El Parking
Flexible
O approximately 97,000 sf retail/
restaurant
O approximately 10,000 sf retail/
restaurant
CUN1NGHAM
GROUP
Sidewalks
n Plazas and Plaza Streets
1111 Courtyards/ Passages
Stormwater Feature/Sculpture Park
5. Development Summary
Parking
0 On street
Structure
D Surface Lot
In Building
5. Development Summary
Type
on street
structure
surface lot
in building
North
111
0
48
165
324
193
200
26
421
840
Central
South
79
344
263
0
686
TOTAL
383
544
337
586
1850
CUNINGHAM
GROUP
Streets
Type of Investment
I I
Existing Streets: Full Reconstruction
New Streets and New Right-of-Way
Streetscape Improvements Only
E l Jackson Street: Partial Reconstruction
S. Development Summary
Type of Street
Green Street with Linear Stormwater Planters
ri Green Streets with Stormwater Planters in Curb Extensions
Plaza Street
Jackson Street
CUNINGHAM
GROUP
Streets with Linear
Stormwater Planters
Linear planter
stormwater
collection
In linear
planterse
5. Development Summary
Streets with Stormwater Planters in
Curb Extensions at the End of the Block
b
6
10
Y4
T
to
'8
stormwater
collection
in curb
extensions
at the end of
the block
CUN!NGHAM
S a n U P
Phasing
•
•
•
•
`.
•
•
Phase 1 A: Central
Phase 2: South
r
I 'USA
i ill l.'
r
' t 11 4: ,
r r
,•ti . ,
5. Development Summary
•
•
CUN1NG1AM
G R O U P
Historic Millwork District Planned Unit Development
On- Premise Signs
Permitted Sign
Structures
Inl��Ii� �N :{i_Al:7�nA'�11�9K:lAlA1: -1.°�l �u }ft�IR'. ;!!1���1'?{�.tAA 7�`c� -'�:,
Area (sf)
Maximum
Number
Projection Over Right -
of -Way
Height
Permitted
Lighting Type
Permitted
Mechanical
Motion
Identification Signs
Business, Retail or Office
Directory
All Applications
Center sign for multi- tenant buildings
Directional Signs
All Applications
Freestanding
Projecting
Wall
Freestanding
Wall
Wall nameplate or
under - canopy sign
Wall- mounted
Freestanding
Wall
100 per sign 1 per premises 0
25 per sign 1 per business per street 60 inches
50 per sign frontage 0
10 per sign 1 per building entrance 0
6 per sign
10% buidling wall area
minus openings with
150 maximum
6 per sign
1 per business per street
frontage
1 per frontage
0
0
Not Specified 0
25 feet
Below eave or
parapet
5 feet
Below eave or
parapet
Below eave or
parapet
Below eave or
parapet
10 feet
Below eave or
parapet
No flashing None
No flashing None
No flashing None
External None
Internal, no
flashing
No flashing
EXHI IT C
None
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
AN- AmedcaCity
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. citvofdubuque .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. citvofdubuque .orq /index.aspx ?NID =1295.
Maior 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 [as 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 abovc the first floor only.
6. Housing for the elderly and persons with disabilities (not identified
with (5) above).
7 Mortuary o r f,mer homo
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. Servicc station.
26. Supermarket.
27. Tailoring or alterations.
28. Furniture or home furnishing.
29. Appliance sales or service.
30. Catalog ccnter.
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
7 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. Upholstcry shop.
. Moved to Conditional
Historic Millwork District PUD Page 4
49. Parking structure.
50. Contractor shop or yard. Moved to Conditional Uses.
51. Whet sale salmi /dim. Moved to Conditional Uses.
52. Agricultural supply sales. Moved to Conditional Uses.
53. Vocational school.
54. Business or secretarial school.
55. Passenger transfer facility.
56. , ryard or building materials. Moved to Conditional Uses.
57. Freight transfer facility. Moved to Conditional Uses.
58. Fucl and ice dealer.
59.
60.
61.
62.
63.
64.
65.
66.
Moved to Conditional Uses.
Conditional Uses.
Sc CP
Laboratory for research, development, or engineering. C A .
Warehousing and storage facility.
Millworking. Moved to Conditional Uses.
Conditional Uses.
products from the following su •
fur; cork; and celluloid or cellulose products. Moved to Conditional
Uses.
67. Artisan production shop. New Use
■
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. Self ce ca r wa sh
4. Full service car wash.
5. Auto service centers (TBA).
6 A sales o c orvine
mT�p-QG7GTr �TrJ�i I- OG "G.
7.
8.
9. Boat sales and service.
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.
Auto repair or body shop.
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.
- -:
z.
contains no existing industrial use - -
baving an industrial use as long as the residential use is
active.
b. A minimum of 650 square fcet 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
Page 8
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
building height on thcsc blocks shall-be-7-5-feet,
ornamental towers, monuments, cupolas, domes, spires, and
other nccecsary mechanical appurtenances and their p rotecti v e
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 lots.
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 Tight 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 1.00,000 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
Jeanne F. Schneider, City Clerk
day of 2010.
Roy D. Buol, Mayor
F: /Melinda/WP /COUNCIUOrdinances /millwork district rezoning c -4 to pud v5
Exhibit A
Historic Millwork District PUD Boundary
Legend
Historic Millwork District PUD
THE CITY OF
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Dubuque
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PLEASE PRINT YOUR NAME CLEARLY
Name
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SIGN IN SHEET
HISTORIC MILLWORK DISTRICT PUD
PROPERTY OWNERS MEETING
DECEMBER 16, 2009
C �bYih gohh€J
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Organization /Business
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Masterpiece on the Mississippi
TO: Michael Van Milligen, City Manager
Cindy Steinhauser, Assistant City Manager
Dave Heiar, Economic Development Director
Tim O'Brien, Assistant City Attorney
FROM: Laura Carstens, Planning Services Manager
SUBJECT: Historic Millwork District PUD Ordinance
DATE: December 18, 2009
Dubuque
btril
All - America City
11111F
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
BRP PROPERTIES LLC
8505 SOUTHERN HILLS CT
DUBUQUE IA 52003
CHICAGO CENTRAL & PACIFIC
RAILRDCO
402 EAST 4TH ST
WATERLOO IA 50703
DESIGN CENTER INC
290 MAIN ST
DUBUQUE IA 52001
MICHAEL J FINCEL
850 JACKSON
DUBUQUE IA 52001
GEISLER FAMILY REALTY COMPANY LLC
340 EAST 12TH ST
DUBUQUE IA 52001
THOMAS J HAMEL, DEC OF TRUST &
NORMA JEANNE HAMEL, DEC OF TR
PO BOX 1198
DUBUQUE IA 52004 -1198
IOWA CHICAGO & EASTERN
RAILRDCORPORATION
140 N PHILLIPS AVE
SIOUX FALLS SD 57104
KALMES BROTHERS LLC
1097 JACKSON ST
DUBUQUE IA 52001
STUART W & MARY P MABUSTH
713 LINCOLN AVENUE
DUBUQUE IA 52001
MID AMERICA HOLDINGS
C/O ROBERT L JOHNSON
1079 ELM ST
DUBUQUE IA 52001
CARADCO BUILDING LLLP
1086 MAIN ST
DUBUQUE IA 52001
CHICAGO CENTRAL & PACIFIC RR
CO C/O CN BUSINESS DEV & RLEST
1 ADMINISTRATION RD FLOOR 1
CONCORD, ON L4K 1B9 0
DUBUQUE TANNING & ROBE CO
PO BOX 816
DUBUQUE IA 52004
G B HOLDINGS LLC
5250 SARATOGA DRIVE
DUBUQUE IA 52002
GRONEN RESTORATION
1056 MAIN ST
DUBUQUE IA 52001
HORSFALL INC
6167 FOREST HILLS DRIVE
DUBUQUE IA 52001
JAKD LLC
168 EAST 10TH ST
DUBUQUE IA 52001
JUNE D LUDOWITZ
1172 WHITE
DUBUQUE IA 52001
TIMOTHY J MC NAMARA
700 SUNSET RIDGE
DUBUQUE IA 52003
DAVID H & DIANE M MINER
C/O MINER PLUMBING INC
1048 WHITE ST
DUBUQUE IA 52001
11 -M & M LIMITED LIABILITYCO
:602 HACIDENDA DRIVE
)UBUQUE IA 52002
CYAN MONTAGUE
175 JACKSON ST
) UBUQUE IA 52001
'LASTIC CENTER INC
/ FISCHER INC
?90 MAIN
DUBUQUE IA 52001
MARK S REDMOND
1905 ASBURY ROAD
DUBUQUE IA 52001
3PAHN & ROSE LUMBER CO
DO BOX 149
DUBUQUE IA 52004 -0149
JIM SCHNOEBELEN, PE
DEPT OF TRANSPORTATION
430 16TH AVE SE
CEDAR RAPIDS IA 52406 -3150
JAMES F & SHERRIE TOMKINS
CIO NANCY BURK
PO BOX 385
TOLEDO IA 52342
JOHN H WHITE
409 BURCH ST
DUBUQUE IA 52001
M -M &M LLC
555 EAST 12TH ST
DUBUQUE IA 52001
KENNETH J & JULIE L OBERHOFFER
6 LAKE VIEW DRIVE
EAST DUBUQUE IL 61025
PATRICIA L PREGLER & MICHAEL J KELLEY
23003 169TH AVENUE
ZWINGLE IA 52079
JOHN RETTENMAIER
1105 LORAS BLVD
DUBUQUE IA 52001
STACKIS LLC
3841 NORTHVIEW DRIVE
HAZEL GREEN WI 53811
STEW -MC DEVELOPMENT INC
19650 ROUTE 20 WEST
EAST DUBUQUE IL 61025
WAREHOUSE REDEVELOPMENT LLC
PO BOX 1862
DUBUQUE IA 52004 -1862
WILMAC PROPERTY COMPANY
CIO TIMOTHY MCNAMARA
801 JACKSON ST
DUBUQUE IA 52001
Guy F emenway a Re: Fwd: Millwork PUD meeting
From: "Jim Avery" <javery@basicisp.net>
To: "Guy Hemenway" <Ghemenwa @cityofdubuque.org>
Date: 01/04/2010 12:45 PM
Subject: Re: Fwd: Millwork PUD meeting
CC: "Rhonda Dunbar" <RKDunbar @localnet.com>
I like the sound of that "Artisan Production Workshop "!
Again thank you, and your staff!
Jim AVery
Original Message
From: Guy Hemenway
To: javery
Cc: Kyle Kritz ; Laura Carstens
Sent: Monday, January 04, 2010 11:45 AM
Subject: Re: Fwd: Millwork PUD meeting
Mr. Avery
Thank you for the confirmation of our meeting. For your information, Artisan Production Workshop (a
building, or 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) has been added to the list of permitted uses in the HMD
district. Sony about the mix -up with the meeting time, however, we all got to meet in a more intimate setting
and hopefully answer your questions one -on -one. Please free to contact us with any additional questions.
Thanks.
Guy Hemenway
Page 1 of 2
I want to thank you for taking the time to talk to us about the zoning issues for our building. From everything I
heard we have nothing to be concerned about as we can continue on in the future with our business as we
have in the past.
The concerns were alleviated by the interpretation that this is an art studio type of business, and in any case I
would be grand fathered in anyway. If we have more questions we will talk to Linda Carstens.
I also wanted to say that the notice did say 6:30PM and we both read it wrong!
Jim Avery
Avery Railing
www.averyrailing.com
file: / /C: \Documents and Settings \ghemenwa\Local Settings \Temn\XParnwise \4R41 P 05 mm?i9111 fl
John White Ice Sculptures
409 Burch St.
Dubuque, Iaa 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 staffs 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
FEB
2 2010
J
Ci fY OF Di15IJ ,!J=
_PLANNIN G SERA. ES DEPA:7M_N
Kyle Kritz - Historic Millwork District PUD support
From: "Jill Connors" <ji11c @gronenproperties.com>
To: "Kyle Kritz" <kkritz @cityofdubuque.org>
Date: 02/03/2010 4:21 PM
Subject: Historic Millwork District PUD support
CC: "'Tony Pfohl"' <tonypfohl @yahoo.com >, "'Robert Johnson "' <bob @warehousetrust.com >, "'Tim
McNamara ' <timmc @mwci.net>, "John Gronen" <maryg @gronenproperties.com>
Thank you.
Jill Connors
Resource Development Director
Gronen Restoration
1056 Main Street
Dubuque, Iowa 52001
(office) 563.557.7010
(mobile) 563.580.1784
(fax) 563.690.1610 --==
Page 1 of 1
Kyle,
On behalf of Gronen Restoration and the other three property owners copied on this email (Tony Pfohl, Bob Johnson and Tim
McNamera), none of whom are able to attend tonight's Zoning Advisory Commission meeting, I am writing to express our
unequivocal support for the proposed rezoning to the Historic Millwork District PUD. Collectively, these four property owners
represent approximately 1,000,000 square feet of developable space in the District. City staff has kept us informed throughout
the process of developing these recommendations, and we ask that the record show our support of the rezoning per City staff
recommendations.
file: / /C: \Documents and Settings\kkritz \Local Settings\ Temp\ XPgrpwise \4B69A296DBQ_DODBQ_PO... 02/03/2010
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 13 Street
Dubuque, IA 52001
Re: Revised Historic Millwork District PUD Ordinance / Wayne C. Stewart
Dear Mr. Stiles and Members of the Commission:
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.
Phone: (563) 582 -7980
Facsimile: (563) 582 -5312
E- mail:bkane @kanenorbylaw.com
As we understand it, that district includes all real property generally located south of 12
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
KANE, NORBY & REDDICK, P.C.
February 2, 2010
Page 2
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.
By
THE CITY OF
DUB
E
Masterpiece an the Mississippi
['Variance
['Conditional Use Permit
['Appeal
❑Special Exception
['Limited Setback Waiver
DRezoning
Dubuque
2007
PLANNING APPLICATION FORM
Planned District
❑Preliminary Plat
['Minor Final Plat
❑Text Amendment
❑Simple Site Plan
['Minor Site Plan
❑Major Site Plan
DMajor Final Plat
['Simple Subdivision
DAnnexation
❑Temporary Use Permit
Please type or print legibly in ink
Property owner(s): Various (see attached list) Phone:
Address: City: State: Zip:
Fax Number: Cellular Number: E -mail Address:
Applicant /Agent: City of Dubuque Phone: 563.589.4210
Address: 50 W. 13 St. City: Dubuque
Fax: 563.580.4221 '' Cell: E -mail: Planning @citvofdubuque.orq
Site location /address: Historic Millwork District PUD (see attached mao)
Existing zoning: C -4 /HI Proposed zoning: PUD /PC District: No Landmark: No
Legal Description (Sidwell parcel ID# or lot number /block number /subdivision): See attached ordinance.
Total property (lot) area (square feet or acres): 50.31 acres
Describe proposal and reason necessary (attach a letter of explanation, if needed):.See attached memo.
CERTIFICATION: I /we, the undersigned, do hereby certify that:
1. It is the property owner's responsibility to locate property lines and to check your 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 becomes public
record;
3. Fees are not refundable and payment does not guarantee approval; and
4. All additional required written and graphic materials are attached.
Property Owner(s):
Applicant /Agent:
FOR OFFICE USE ONLY — APPLICATION SUBMITTAL CHECKLIST
City of Dubuque
Planning Services Department
Dubuque, IA 52001 -4864
Phone: 563-589-4210
Fax: 563- 589 -4221
❑Certificate of Economic Non - Viability
['Certificate of Appropriateness
['Historic Designation
['Neighborhood Assoc
DAdvisory Design Review
['Other:
State: IA Zip:52001
Date:
Date: //I O
Fee: $0 Received by: Waived Date: 1/25/10 Docket:
❑ Site /sketch plan ❑ Conceptual Development Plan [Photo ❑ Plat
❑ Improvement plans ❑ Design review project description ❑ Floor plan ❑ Other: