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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 ngtermerp nn t11P MigJ .c. ini] Dubuque Witt rop PLEASE PRINT YOUR NAME CLEARLY Name 1 0 . (X / t i _ 0.14/)..(X l z t- f R /L- 4 40 r " 4', ; zi, 5 i (.9 e `\ SIGN IN SHEET HISTORIC MILLWORK DISTRICT PUD PROPERTY OWNERS MEETING DECEMBER 16, 2009 C �bYih gohh€J c/ilo Organization /Business /v( , 'h f. r , K1A 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: