Zoning Industri Pk West Enlarge
Planning Services Department
City Hall
50 West 13th Street
Dubuque, Iowa 52001-4864
(563) 589-4210 ollice
(563) 589-4221 lax
(563) 690-6678 TDD
P lannin g@cityoldubuque.org
www.cityoldubuque.org
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December 7,2004
The Honorable Mayor and City Council Members
City of Dubuque
City Hall- 50 W. 13th Street
Dubuque IA 52001
REZONING
Applicant:
Location:
Description:
City of DubuquelllW Engineers & Surveyors
Chavenelle Road/Middle Road
To amend the Dubuque Industrial Center West PUD Planned Unit Development
to expand the size of the industrial center.
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
Associate Planner Kyle Kritz spoke in favor of the request reviewing the proposed expansion of
Dubuque Industrial Center West. He noted the proposed extension of Chavenelle Road, areas
to be zoned industrial and those areas to be zoned for open space. Staff Member Kritz also
reviewed the allowed uses in the areas zoned for industrial.
There were several public comments primarily concerned with having an adequate buffer
between the proposed industrial park expansion and adjacent single-family homes.
The Zoning Advisory Commission discussed the request, noting that it has not been their
position to allow industrial zoning directly adjacent to single-family homes. Rather, there should
be a transition between the two land uses.
Recommendation
By a vote of 4 to 2, the Zoning Advisory Commission recommends that the City Council deny
the request.
A simple majority vote is needed for the City Council to concur with the recommendation to deny
the request. A super majority vote is needed for the City Council to approve the request.
Re~pectfully submitted,
~l{ .I~-f¡:¡'
Jef'fStiles, Chairperson
Zoning Advisory Commission
cc: Bill Baum, Economic Development Director
Smice
People
Integrity
Responsibility
Innovation
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08/30/2004 15:56 FAX
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Planning Services Department
Dubuque, IA 52001-4864
Phone: 563-589-4210
Fax: 563-589-4221
PLANNING APPLICATION FORM
0 Variance DRezoning
OCcnditional Use Permit [jjPlanned Disbict
OAppeal OPrelimin¡ry Plat
OSpeda' Exœptjon OMinor Final Plat
OUmited Setback Waiver OText l'n1endment
OSimple Site Plan
OMincr Site Plan
0 Major Site Plan
0 Majer Anal Plat
OSimpje Subdivision
OAnnexation
[]Temporary Use Pennit
OCertifiCilte or Economic Non-Viability
OCertificate or Appropriateness
OOther:
Please tvoe or orlnt leaiblv In Ink
Property owner(s): CITY OF DUBUQUE
Address: 50 W. 13TH STREET Oty: DUBUQUE
Phone: 563-589-4110
State:--!!..Zip: 52001
Fax Number:
Applicant/Agent:
Mobile/Cellular Number:
Phone:
Address:
Oty:
State: - Zip:
Fax Number:
Mobile/Cellular Number:
SIte location/address:
CHAVENELLE ROAD, MIDDLE ROAD
CERTIFICATION: l/we, the undersigned, do hereby certify that:
1. The Infbcmation submltœd herein is true and CDlTect to the best or my/our knowledge and upcn
submittal beaxnes public record;
2. Fees are not refundable and payment does not guarantee approval; and
3. All additional required written and graphic materials are attached.
:::::,:;:' j' tjj:1.. ~~ -/ò""= ::? 1<3 I", i
1. FOR OFFICe USE ONLY -APPUCATION SUBMITTAL CHECKLIST
Fel: I, 000 Received by: ¡:t;:~ Date: !J/~~ Docket:
DS<te/sket:ch plan D Conceptual DeveI'ment Plan Dphoto . DPlat
DImprovement: plans DDeslgn review project description DFioor plan DOttIer:
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Vicinity Map
Applicant: City of Dubuque
Location: Chavenelle Road/Middle
Road
Description: To amend the Dubuque
Industrial Center West PUD Planned
Unit Development to expand the size
of the industrial center.
1'::>/1 Proposed Area to be
::::::::: Rezoned
Zoning Boundary
m:~!JDOO~
City limits
PLANNED DISTRICT STAFF REPORT
Zoning Agenda: December 1, 2004
Project Name:
Dubuque Industrial Center West, Phase 2
Property Address:
Chavenelle Road/Middle Road
Property Owner:
City of Dubuque
Applicant:
City of Dubuque
Proposed Land Use: Planned Industrial
Proposed Zoning: PI
Existing Land Use:
Agricultural
Existing Zoning: AG
Adjacent Land Use:
North - Agricultural Adjacent Zoning: North - R-2 (County)
East - Agricultural East - R-2 (County)
South - Agricultural South - AG
West - Industrial/Residential West - PIIR-2 (County)
Flood Plain: N/A
Water: Yes
Storm Sewer: Yes
Total Area: 310 acres
Existing Street Access: Yes
Sanitary Sewer: Yes
Previous Planned District: The submitted conceptual plan provides for the expansion of
the existing Dubuque Industrial Center West by 310 acres. The Dubuque Industrial
Center West PUD was originally approved in March 1998 for Phase 1. Language
related to Phase 2 is shown in bold in the attached PUD Ordinance.
Purpose: The submitted rezoning request is to allow for expansion of the Dubuque
Industrial Center West.
Property History: The subject property has been used for agricultural purposes prior to
and after its purchase by the City of Dubuque.
Physical Characteristics: The subject property generally drains to the southeast and is
characterized by rolling topography. Chavenelle Road will extend through the interior of
the subject property. Catfish Creek and the CNN Railroad border the site on the south.
Conformance with Comprehensive Plan: This project implements the
Comprehensive Plan's Land Use Element: Goals 3.1, 3.2, 3.3, 4.1, 4.4, 4.6, 9.2 and
10.1 and Economic Development Element: Goals 3.2 and 3.4.
This project also implements the master plan approved for Dubuque Industrial Center
West in 1997, with one change. Lots 17 through 25 on the master plan are
recommended for Zone D (Heavy Industry) instead of Zone C (Medium Heavy
Industrial).
Planned District Staff Report - Dubuque Industrial Center West Phase 2
Page 2
Staff Analysis:
Streets: Chavenelle Road is planned for extension through the Dubuque Industrial
Center West and will connect to the east portion of Chavenelle Road that
terminates near the Nordstrom Distribution Center. In addition, future streets are
planned for providing access to land north and south of Chavenelle Road.
Sidewalks: Sidewalks will be provided as per City of Dubuque Subdivision
Regulations.
Parking: Off-street parking will be provided as per the City of Dubuque Zoning
Ordinance.
Lighting: Cut-off luminaries shall be utilized throughout the planned expansion of
the Dubuque Industrial Center West industrial park.
Signage: The attached PUD Ordinance for the Dubuque Industrial Center West
Phase 2 regulates on-premise signage for the industrial center. The Zoning Board
of Adjustment will have the ability to review sign variance requests pertaining to
size, number and height. Off-premise signs are not included in the proposed PUD,
consistent with the previously-approved PUD for Dubuque Industrial Center West.
Bulk Regulations: The attached PUD Ordinance contains bulk standards that
include frontage requirements and setbacks for front, rear and side yards. The
maximum lot coverage for building and paving in the industrial park will be 80%.
While this figure may appear dense, the park offers significant open space along
the drainage corridor that runs from Middle Road to Catfish Creek. A series of
storm water detention basins will be constructed as part of the development of this
phase of the industrial park that will provide extensive open space within the
industrial park.
Permeable Area (%) & Location (Open Space): Phase 2 of the industrial park will
encompass approximately 310 acres. Approximately 55 acres will remain in the
form of detention areas, drainage ways and recreational space. In addition, as
each parcel ofthe industrial park is developed, additional permeable area will be
provided.
Landscaping/Screening: As each parcel is developed within the industrial park,
storage will be required. Screening requirements for outdoor storage areas are
stipulated in the attached PUD Ordinance. These regulations are the same as
those adopted as part of Phase 1 of the Dubuque Industrial Center West.
Phasing of development: The rezoning request before the Zoning Advisory
Commission is for Phase 2 of Dubuque Industrial Center West.
Planned District Staff Report - Dubuque Industrial Center West Phase 2
Page 3
Impact of Request on:
Utilities: Sanitary sewer service to Dubuque Industrial Center West Phase 2 will
be provided by extending the existing interceptor sewer along the Middle Fork of
the Catfish Creek to the north. The existing water main within Chavenelle Road
will be extended as part of the roadway extension. It will be connected with the
water main at the end of Chavenelle Road to the east near the Hodge Transit and
InfoSafe Warehouse buildings.
Storm water will be handled through a series of storm water detention basins, and
will eventually drain to the Middle Fork of the Catfish Creek.
Traffic Patterns/Counts: The expanded industrial park will be served by an
extension of Chavenelle Road that will connect the two existing ends of the
roadway. This road will be built with a 100-foot right-of-way and 37-foot wide
paving. Additional streets constructed to serve lots within the industrial park will
be built with 37-foot paving width and 66-foot right-of-way. Based on 2001 IDOT
counts, Seippel Road carries approximately 1,940 vehicle trips per day and
Middle Road carries approximately 960 vehicle trips per day.
Public Services: City of Dubuque Fire and Police Departments will serve the
subject site. Refuse collection will be provided by private haulers.
Environment: Staff does not anticipate any adverse impacts to the environment
provided adequate erosion control is practiced during all phases of grading for the
industrial park. The new detention basins shown on the conceptual plans will also
serve to detain sediment before it leaves the project site.
Adjacent Properties: Impact to adjacent properties will include the provision of an
additional east/west roadway to serve growing areas, both within the city of
Dubuque and outside the Dubuque corporate limits. Surrounding property owners
may experience increases in ambient light levels as new businesses and
industries locate in the Dubuque Industrial Center West as well as additional
traffic on surrounding roadways.
CIP Investments: As previously noted, the extension of Chavenelle Road and
water and sewer extensions will be done as part of the industrial park.
Staff Analysis: The Çity of Dubuque is requesting rezoning of the subject property
from AG Agricultural District to PUD Planned Unit Development with a PI Planned
Industrial designation. The subject property comprises Phase 2 of the Dubuque
Industrial Center West. It encompasses 310 acres of land that is north and south of the
proposed extension of Chavenelle Road.
Planned District Staff Report - Dubuque Industrial Center West Phase 2
Page 4
Phase 1 of the Dubuque Industrial Center West PUD is currently comprised of six
zones: Zones A, B, C, D, E, and O. These zones differ principally in terms of the land
uses allowed, bulk standards, and restrictions on outdoor storage.
Phase 2 of the Dubuque Industrial Center West will be comprised of only two of the
aforementioned zones - Zones D and O. Zone D has the same list of permitted uses
as Zone C, but also allows raw or finished goods to be stored in the rear or side yards
provided screening is similar to the building color. The minimum lot size increases to
10 acres and the maximum building height is 100 feet.
The proposed second phase of the Industrial Park does deviate from the Master Plan in
that areas north of Chavenelle Road are designated as Zone D rather than Zone C.
The principle difference between the two zones is the allowed uses and storage
requirements. Zone D adds fuel and ice dealers and compounding, processing and
packaging of chemical products as permitted uses. Zone D allows for outdoor storage
of both raw materials and finished goods. Zone C only allows outdoor storage of
finished goods. The reason for the change from the Master Plan for the Industrial Park
is to enhance the flexibility to market the property and find the best industrial uses for
the Industrial Park.
Zone 0 is intended as an amenity to the industrial park both as an open space area
and for control of storm water to protect downstream properties. The uses allowed in
Zone 0 include parks, nature areas, playgrounds and similar recreational uses and
recreational facilities.
Signage for the Dubuque Industrial Center West Phase 2 is the same as that for the
first phase. Signage for the Dubuque Industrial Center West provides for monument
signs and wall-mounted signage. The types of signs allowed include entrance signs
and directory signs for the industrial center itself. These signs will serve to identify
entrances into the industrial park and provide direction to individual companies within
the development.
Signage for businesses within the industrial park also will be restricted to monument
signs and wall-mounted signs. Sign age for industrial uses in Zone D is based on the
Light Industrial sign requirements. These regulations are comparable to those in the
Dubuque Industrial Center and Dubuque Technology Park. Variance requests from the
sign requirements for size, number and height shall be reviewed by the Zoning Board of
Adjustment. This provision allows for some flexibility without the requirement to amend
the entire PUD ordinance.
Access to the Dubuquê Industrial Center West Phase 2 will be through an extension of
Chavenelle Road that will connect two existing portions of Chavenelle Road. In
addition, two proposed street alignments are shown connecting Chavenelle Road to
Middle Road. Depending on how the northern portion is developed, one or the other
may be used to serve businesses locating in that portion of the industrial park.
Planned District Staff Report - Dubuque Industrial Center West Phase 2
Page 5
It is anticipated that with the completion of Chavenelle Road, that some of the vehicle
trips currently utilizing Middle Road will shift to Chavenelle Road. Currently, Middle
Road does have established weight limits that restrict truck traffic to the use of the
improved Seippel Road and U.S. Highway 20. The completion of Chavenelle Road will
provide another truck route with direct access to the Northwest Arterial and the
surrounding highway system.
Planning staff recommends that the Zoning Advisory Commission review Section 3-
5.5(F) of the Zoning Ordinance which outlines plan approval standards for PUD
applications.
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DESCRIPTION: LOT H AND LOT J IN DUBUQUE INDUSTRIAL CENTER WEST
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LOT 1 OF LOT 1 OF THE NWl/4 OF THE NE1/4; THE SWl/4
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ADDRESS: CHAVENELLE ROAD/!.110DLE ROAD
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CONCEPTUAL PLAN
SHEET 2 OF 2
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DUBUQUE INDUSTRIAL CENTER
WEST 4TH ADDITION
CITY OF DUBUQUE
DUBUQUE, IOWA
REVISIONS
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ZONING APPUCU'ON
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Prepared by: Laura Carstens City Planner Address: City Hall 50 W. 13th Street Telephone: 589-4210
ORDINANCE NO. 83 -04
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF
THE CITY OF DUBUQUE CODE OF ORDINANCES AMENDING ORDINANCES
NO. 14-98 AND NO. 07-02 BY RECLASSIFYING HEREINAFTER DESCRIBED
PROPERTY LOCATED EAST OF SEIPPEL ROAD AND SOUTH OF MIDDLE
ROAD FROM AG AGRICULTURAL DISTRICT TO PUD PLANNED UNIT
DEVELOPMENT DISTRICT WITH A PI PLANNED INDUSTRIAL DISTRICT
DESIGNATION AND ADOPTING AN AMENDED CONCEPTUAL
DEVELOPMENT PLAN, WITH CONDITIONS, FOR THE DUBUQUE
INDUSTRIAL CENTER WEST.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. Appendix A (the Zoning Ordinance) of the City of Dubuque Code of
Ordinances is hereby amended by reclassifying the hereinafter described property from
AG District to PUD Planned Unit Development District with a PI Planned Industrial
designation and adopting an amended conceptual development plan, a copy of which is
attached to and made a part hereof, with conditions for the Dubuque Industrial Center
West as stated below, to wit:
Lot H and Lot J in Dubuque Industrial Center West Third Addition, Lot 1 of Lot 1
of the NW Y. of the NE y.; the SW Y. of the NE y.; Lot 1 of the east 10 acres of
the NE Y. of the NW y.; the west 30 acres of the NE Y. of the NW y.; Lot 1 of Lot
1 of the SE Y. of the NW y.; Lot 2 of the Lot 1 of the SE Y. of the SW y.; Lot 2 of
the SW Y. of the W y., all in Section 30, Township 89 North, Range 2 east of the
5th P.m., all in the City of Dubuque, Iowa.
Section 2. Attached hereto and made a part of this zoning reclassification
approval is the Conceptual Development Plan for the Dubuque Industrial Center West
Planned Unit Development marked Exhibit A. 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. The
general plan layout, including the relationship of land uses to the general plan
framework and the development requirements shall be used as the implementation
guide.
Section 3. Pursuant to Iowa Code Section 414.5 (2001), and as an express
condition of the reclassification, the undersigned property owner agree to the following
Ordinance No.
Page 2
-02
conditions, all of which the property owner further agrees are reasonable and imposed
to satisfy the public needs that are caused directly by the zoning reclassification:
A)
Definitions
1 )
Building Related Features
Building related features are defined as all constructed items which
rise above the grade surface of the lot. These include:
a)
b)
c)
d)
e)
f)
The primary building.
All accessory or secondary buildings.
All exterior storage areas.
Exterior refuse collection areas.
Exterior mechanical equipment.
Containerized or tank storage of liquids, fuels, gases and
other materials.
2)
Vehicle-Related Features
Vehicle-related features are defined as all areas used for the
movement and parking of all vehicles within the lot. These include:
a)
b)
c)
d)
e)
f)
g)
3)
B)
Use Reoulations.
Employee and visitor parking spaces.
Driveways from the street right-of-way line to and from
parking spaces.
Loading spaces outside of the building.
Maneuvering spaces outside of the building.
Parking spaces for company-owned commercial vehicles.
Fire lanes.
Railroad tracks.
Open Space Features
Open space features are defined as those exterior areas and
developed features of the lot which include:
a)
b)
c) -
Landscaped space containing lawn areas and plantings.
Paved, hard-surfaced, pedestrian areas such as walkways,
plazas, entryways and courtyards.
Surface storm water detention areas not otherwise used for
building-related or vehicle-related purposes.
Open recreation areas and recreational trail.
Other non-building and non-vehicular related space.
d)
e)
Ordinance No.
Page 3
-04
The following regulations shall apply to all uses rnade of land in the above-
described PUD District:
Zone A: Genera/ Purpose and Description. Zone A is intended to provide for
a limited amount of commercial development that will serve industrial park
employees with daily commercial and service needs. The development of
Zone A shall resemble a small shopping center with shared access, parking
and signage to promote a unified commercial appearance. Exterior storage
is prohibited.
1) Principal permitted uses shall be limited to:
a) Public or quasi-public utilities including substations-[47].
b) Business services-[29].
c) Gas station/convenience/car wash-[17] and [18].
d) Laundry/dry cIeaner-[19].
e) Indoor restaurant-[30].
f) Drive-in/carry-out restaurant-[28].
g) Drive-up automated bank teller-[8].
h) Banks, savings and loans, and credit unions-[31].
i) Group day care center-[8].
[ ] Parking group - see Section 4.2 of the Zoning Ordinance.
2) Conditional uses reserved for future use.
3) Accessory uses shall be limited to the following:
a) Any use customarily incidental and subordinate to the principal use
it serves.
4) Temporary uses shall be limited to the following:
Any use listed as a permitted use within the PUD District of a limited
duration as established in Section 2-5.3 and as defined in Section 8 of
the Zoning Ordinance.
Zone B: Genera/ Purpose and Description. Zone B is intended to provide for a
variety of uses primarily involving light manufacturing, assembly and fabrication,
warehousing, wholesaling, office uses and business services. Exterior storage is
prohibited.
1) Principel permitted uses shall be limited to:
a)
b)
c)
d)
Railroads and public or quasi-public utilities -[47].
Corporate offices -[14].
Medical/dentallab-[8].
Mail-order houses-[23].
Ordinance No.
Page 4
-04
e) Printing and publishing-[32].
f) Laboratories for research and engineering-[33].
g) Wholesale sales/distributor-[29].
h) Vending/game machine sales/service-[19].
i) Cold storage/locker plants-[15].
j) Packing and processing of meat, dairy or food products, not to
include stockyards or slaughter houses-[33].
k) Tool, die, and pattern making-[33].
I) Manufacture, assembly, repair or storage of electrical and
electronic products, components or equipment-[33]).
m) Warehousing and storage facilities, not to include mini-
warehouses-[33].
n) Manufacturing, processing, fabrication, assembling, packaging or
other comparable treatment of goods or materials, entirely within
enclosed buildings-[33].
[ ] Parking Group-See Section 4.2 of the Zoning Ordinance.
2) Conditional uses shall be limited to the following:
a) Day care center, within a primary office/industrial building or as an
accessory structure on the sarne lot. Day care centers are subject
to state and local regulations.
1)
Indoor floor area (excluding halls and bathrooms) must be
provided per child in areas occupied by cribs as per State
Code;
2)
Indoor floor area (excluding halls and bathrooms) must be
provided per child in areas not occupied by cribs times the
licensed capacity as per State code;
3)
Fenced outdoor recreation space must be provided per child
using the space at a given time as per State code;
4)
Such facility shall provide for the loading and unloading of
children so as not to obstruct public streets or create traffic
or safety hazards;
5)
All licenses have been issued or have been applied for
awaiting the outcome of the Board's decision;
6)
No group day care center may be located within the same
structure as any gas station, bar/tavern, automated gas
station or any facility selling, servicing, repairing or renting
vehicles;
Ordinance No.
Page 5
-04
7)
8)
The parking group requirements can be met-18];
The conditional use applicant certifies that the premises on
which the group day care center will be located complies
with, and will for so long as the group day care center is so
located, continue to comply with all local, state and federal
regulations governing hazardous substances, hazardous
wastes, and hazardous materials, including, but not limited
to Iowa Code chapter 4558 (1991); 42 U.S.C. Section 9601
of the Federal Comprehensive Environmental Response
Compensation and Liability Act; 40 C.F.R. Section 3-2.4;
and Section 302 of the Superfund Amendments and
Reauthorization Act of 1 986; and
9)
If the applicant is'subject to the requirements of Section 302
of the Superfund Amendments and Reauthorization Act of
1986, 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.
3) Accessory uses shall be limited to the following:
a)
Retail outlets within a primary office/industrial building, selling
products produced on-site and only as accessory to the principal
use.
b) Any use customarily incidental and subordinate to the principal use
it serves.
4) Temporary uses shall be limited to the following:
Any use listed as a permitted use within the PUD District of a limited
duration as established in Section 2-5.3 and as defined in Section 8 of
the Zoning Ordinance.
Zone C: General Purpose and Description. Zone C is intended to provide for a
variety of uses primarily involving light manufacturing, assembly and fabrication,
warehousing, wholesaling, and office uses. Exterior storage is allowed with
restrictions, and must be screened from view from both the public right-of-
way and surrounding privately owned property.
Ordinance No.
Page 6
-04
1) Principal permitted uses shall be limited to:
a) Railroads and public or quasi-public utilities -[47].
b) Corporate offices -[14].
c) Medical/dentallab-[8].
d) Mail-order houses-[23].
e) Printing and publishing-[32].
f) Laboratories for research and engineering-[33].
g) Moving/storage facilities-[33].
h) Wholesale sales/distributor-[29].
i) Freight transfer facilities-[44].
j) Vending/game machine sales/service-[19].
k) Cold storage/locker plants-[15].
I) Packing and processing of meat, dairy or food products, not to
include stockyards or slaughter houses-[33].
m) Tool, die, and patter making-[33].
n) Manufacture, assembly, repair or storage of electrical and
electronic products, components or equipment-[33]).
0) Warehousing and storage facilities, not to include mini-
warehouses-[33].
p) Manufacturing, processing, fabrication, assembling, packaging or
other comparable treatment of goods or materials, entirely within
enclosed buildings-[33].
[ ] Parking Group-See Section 4.2 of the Zoning Ordinance.
2) Conditional uses shall be limited to the following:
a) Day care center, within a primary office/industrial building or as an
accessory structure on the same lot. Day care centers are subject
to state and local regulations.
1)
Indoor floor area (excluding halls and bathrooms) must be
provided per child in areas occupied by cribs as per State
Code;
2)
Indoor floor area (excluding halls and bathrooms) must be
provided per child in areas not occupied by cribs times the
licensed capacity as per State code;
3)
Fenced outdoor recreation space must be provided per child
using the space at a given time as per State code;
4)
Such facility shall provide for the loading and unloading of
children so as not to obstruct public streets or create traffic
or safety hazards;
Ordinance No.
Page 7
-04
station or any facility selling, servicing, repairing or renting
vehicles;
7)
8)
The parking group requirements can be met-[8];
The conditional use applicant certifies that the premises on
which the group day care center will be located complies
with, and will for so long as the group day care center is so
located, continue to comply with all local, state and federal
regulations governing hazardous substances, hazardous
wastes, and hazardous materials, including, but not limited
to Iowa Code chapter 455B (1991); 42 U.S.C. Section 9601
of the Federal Comprehensive Environmental Response
Compensation and Liability Act; 40 C.F.R. Section 302.4;
and Section 302 of the Superfund Amendments and
Reauthorization Act of 1986; and
9)
If the applicant is subject to the requirements of Section 302
of the Superfund Amendments and Reauthorization Act of
1986, 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.
3) Accessory uses shall be limited to the following:
a) Retail outlets within a primary office/industrial building, selling
products produced on-site and only as accessory to the principal
use.
b) Any use customarily incidental and subordinate to the principal use
it serves.
4)
Temporary uses shall be limited to the following:
Any use listed as a permitted use within the PUD District of a limited
duration as established in Section 2-5.3 and as defined in Section 8 of
the Zoning Ordinance.
Ordinance No.
Page 8
-04
Zone D: General Purpose and Description. Zone D is intended to provide a
location for heavy industrial uses. Exterior storage is allowed, provided it is
screened from view from public right-of-way.
1) Principal permitted uses shall be limited to:
a) Railroad and public or quasi-public utilities -[47].
b) Corporate offices -[14].
c) Mail Order houses -[23].
d) Printing and publishing-[32].
e) Laboratories for research and engineering-[33].
f) Moving/storage facilities-[33]
g) Wholesale sales/distributor-[29].
h) Freight transfer facilities-[44].
i) Fuel and ice dealers-[33].
j) Cold storage/locker plants-[15].
k) Packing and processing of meat, dairy or food products, not to
include stockyards or slaughter houses-[33].
I) Compounding, processing and packaging of chemical products-
[33].
m) Manufacture, assembly, repair or storage of electrical and
electronic products, components or equipment-[33]).
n) Warehousing and storage facilities, not to include mini-
warehouses-[33].
0) Manufacturing, processing, fabrication, assembling, packaging or
other comparable treatment of goods or materials -[33].
[ ] Parking Group-See Section 4.2 of the Zoning Ordinance.
2) Conditional uses shall be limited to the following:
a) Day care center, within a primary office/industrial building or as an
accessory structure on the same lot. Day care centers are subject
to state and local regulations.
1)
Indoor floor area (excluding halls and bathrooms) must be
provided per child in areas occupied by cribs as per State
Code;
2)
Indoor floor area (excluding halls and bathrooms) must be
provided per child in areas not occupied by cribs times the
licensed capacity as per State code;
3)
Fenced outdoor recreation space must be provided per child
using the space at a given time as per State code;
Ordinance No.
Page 9
-04
4)
5)
6)
Such facility shall provide for the loading and unloading of
children so as not to obstruct public streets or create traffic
or safety hazards;
All licenses have been issued or have been applied for
awaiting the outcome of the Board's decision;
No group day care center may be located within the same
structure as any gas station, bar/tavern, automated gas
station or any facility selling, servicing, repairing or renting
vehicles;
7)
8)
The parking group requirements can be met-[8];
The conditional use applicant certifies that the premises on
which the group day care center will be located complies
with, and will for so long as the group day care center is so
located, continue to comply with all local, state and federal
regulations governing hazardous substances, hazardous
wastes, and hazardous materials, including, but not limited
to Iowa Code chapter 455B (1991); 42 U.S.C. Section 9601
of the Federal Comprehensive Environmental Response
Compensation and Liability Act; 40 C.F.R. Section 302.4;
and Section 302 of the Superfund Amendments and
Reauthorization Act of 1986; and
9)
If the applicant is subject to the requirements of Section 302
of the Superfund Amendments and Reauthorization Act of
1986, 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.
3) Accessory uses shall be limited to the following:
a) Retail outlets within a primary officelindustrial building, selling
products produced on-site and only as accessory to the principal
use.
b) Any use customarily incidental and subordinate to the principal use
it serves.
Ordinance No.
Page 10
-04
4) Temporary uses shall be limited to the following:
Any use listed as a permitted use within the PUD District of a limited
duration as established in Section 2-5.3 and as defined in Section 8 of
the Zoning Ordinance.
Zone E: Genera/ Purpose and Description: Zone E is intended to provide a location for
businesses that require exterior handling or storage of materials or equipment. Exterior
handling or storage is allowed, except along Seippel Road, where it is prohibited.
1) Principal permitted uses shall be limited to:
a) Public or quasi-public utilities -[47].
b) Corporate offices-[14].
c) Mail-order houses-[23].
d) Printing and publishing-[32].
e) Laboratories for research and engineering-[33].
f) Moving/storage facilities - [33]
g) Wholesale sales/distributor-[29].
h) Freight transfer facilities-[44]
i) Fuel and ice dealers-[33]
j) Cold storage/locker plants-[15].
k) Packing and processing of meat, dairy or food products, not to
include stockyards or slaughter houses-[33].
I) Compounding, processing and packaging of chemical products-
[33].
m) Manufacture, assembly, repair or storage of electrical and
electronic products, components or equipment-[33]).
n) Warehousing and storage facilities, not to include mini-warehouses
-[33].
0) Manufacturing, processing, fabrication, assembling, packaging or
other comparable treatment of goods or materials, entirely within
enclosed buildings-[33].
p) Contractors shop/yard-[33]
q) Recycling industries entirely within enclosed buildings with no
outdoor storage-[44]
r) Timber processing-[44]
[ ] Parking group-See Section 4.2 of the Zoning Ordinance.
2) Conditional uses reserved for future use.
3) Accessory uses shall be limited to the following:
a)
Retail outlets within a primary office/industrial building, selling
products produced on-site and only as accessory to the principal
use it serves.
Ordinance No.
Page 11
-04
b)
Any use customarily incidental or subordinate to the principle use
it serves.
4) Temporary uses shall be limited to the following:
Any use listed as a permitted use within the PUD District of a limited
duration as established in Section 2-5.3 and as defined in Section 8 of
the Zoning Ordinance.
Zone 0: General Purpose and Description. Zone 0 is intended to serve as an amenity
to the industrial park, providing an open space area and control of storm water to
protect downstream properties.
1)
Principal permitted uses shall be limited to:
a) Railroads and public or quasi-public utilities-[47]
b) Parks, nature areas, playgrounds and similar recreational uses-[47]
c) Picnic areas-[47]
d) Recreational trails-[47]
e) Club houses, shelter houses, tennis courts, or playground equipment, or
other recreational buildings and structures when associated with parks,
nature areas, playgrounds, recreational facilities-[47]
f) Construction of dams, reservoirs, or detention ponds-[N/A]
Conditional uses reserved for future use.
2)
3)
Accessory uses shall be limited to the following:
a) Any use customarily incidental and subordinate to the principle use it
serves.
Temporary uses reserved for future use.
4)
C.
Lot and Bulk Reaulations.
Development of land in Zones A, B, C, D, E and 0 shall be regulated as
follows:
1) All building structures and activities shall be located in conformance
with the attached conceptual developrnent plan and all final site
development plans shall be approved in accordance with provisions of
the PUÐ District regulations of this ordinance and of Section 3-5.5 of
the Zoning Ordinance.
2) All buildings related features in Zones A, B, C, D, E and 0 shall be in
accordance with the following bulk regulations chart:
Ordinance No.
Page 12
-04
Minimum Lot Front Side Yard Rear Yard Building
Lot area Frontage Yard Setback Setback Height
In Acres Minimum Setback Minimum Minimum Maximum
Feet Minimum Feet Feet Feet
Feet
Zone A Yo acre 100 20 10. 20 30
Zone B 2 acres 100 50 10 25 50
Zone C 2 acres 100 50 25 25 75
Zone D 2 acres 100 50 25 50 100
Zone E 2 acres 100 50 10 25 50
Zone 0 N/A N/A N/A N/A N/A N/A
.0 foot side yard setbacks from property lines shall be permitted for attached buildings.
a) Lots smaller than minimum will be allowed if the parcel is
consolidated or combined with a larger lot. Substations for public
and quasi-public utilities shall be exempt from lot frontage and lot
area requirements.
b)
Maximum lot coverage shall be 80 percent. All building and vehicle
related features shall be considered when calculating total land
area coverage, except fire lanes and railroad tracks.
c)
Maximum building height shall be as stipulated in the bulk
regulations chart above, except the following may exceed the
height limit: cooling towers, condensers, elevator bulkheads,
stacks and other necessary mechanical equipment and their
protective housing. Heating, ventilating and air conditioning
(HVAC) equipment is limited to 10 feet above height limitation,
except in Zone A where 30 feet maximum height includes HVAC
equipment.
d)
Within required front, side and rear setbacks, only driveways, fire
lanes, railroad tracks, open space features, and primary and
secondary signage are allowed. Parking lots may encroach up to
50% into a required front yard setback.
D.
Parkino and Loadino Reoulations
1) All vehicle-related features, except for railroad tracks, shall be surfaced
with either asphalt or concrete.
2) All parking and loading spaces shall be delineated on the surfacing
material by painted strips or other permanent means.
3) The number, size and design of parking spaces shall be governed by
applicable provisions of City of Dubuque Zoning Ordinance and City
standards.
Ordinance No.
Page 13
-04
4) The number, size and 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.
5) The location and number of private driveway intersections with public
streets shall be reviewed and approved by the City Engineer. Access
shall generally be limited to internal streets.
6) No on street maneuvering of delivery vehicles will be allowed on any
street. Lots shall provide all necessary maneuvering space for delivery
vehicles within the boundaries of the lots.
7) All loading docks for shipping and receiving of raw and manufactured
goods shall be designed to provide for the direct movement of goods
between the deliver vehicle and the interior of the building.
E.
Sian Reaulations
1) Applicability of City of Dubuque Ordinances: The provisions of the City
of Dubuque Zoning Ordinance Section 4-3 Sign Regulations shall apply
unless further regulated by this section.
2) Off-Premise Signs: Off-premise signs shall be prohibited.
3) On-Premise Signs: On-premise signs shall be erected or constructed in
accordance with the following regulations.
a) Allowable content: signs, messages and graphics shall be limited
to the following contents:
1)
Industrial Center signs: limited to identification of Dubuque
Industrial Center West
~ Entrance signs
~ Directory signs
2)
Company Primary signs: limited to identification of uses in
Zones B, C, D and E .
~ Identification of company name
~ Identification of company products or services by
generic name only
~ Graphic symbol or logo identified with the company
3)
Commercial Primary signs: limited to identification of uses in
Zone A
Ordinance No.
Page 14
-04
~ Identification of business name
~ Identification of business products or services by
generic names only
~ Graphic symbol or logo identified with the business
4)
Secondary signs: allowable in all zones
~ Street address
~ Directional messages necessary for the safe and
efficient flow of vehicular and pedestrian traffic on the
lot
~ Identification of visitor entrances to the building,
shipping and receiving docks and other delivery
points
~ Identification of assigned parking spaces and parking
spaces accessible to persons with disabilities
~ Temporary announcements of pending or new
construction
~ Commemorative messages
b) Schedule of sign regulations: allowable structural type, size, number
and height shall be limited to the following requirements.
Type of Sign Maximum Size Maximum Number Allowable Maximum
Structure Height'
Tvne
Industrial Center 200 square feet per sign Six (6) signs Monument 12 feet
Entrance Sians face
Industrial Center 30 square feet per sign Three (3) signs Monument 8 feet
Directarv Siç¡ns face
Company 10% of building wall sign 2 signs per street Wall- Below eave
Primary Signs is mounted on or 400 frontage per mounted or parapet
total square feet of sign business
area, whichever is less.
150 square feet per sign 1 sign per business Monument 10 feet
face restricted to interior
street frontages
onlv.
Commercial 100 square feet per sign 2 signs per Wall- Below eave
Primary Signs face business provided mounted or parapet
oniy 1 sign may be Monument 10 feet
a monument-style
sion
Secondary 1)igns 6 square feet per sign No maximum Wall- Below eave
face number mounted or oaraoet
Monument 6 feet
*The height of monument-style signs shall be measured from average grade to top of sign
structures.
Ordinance No.
Page 15
F.
-04
c)
Variances: Variances from sign requirements for size, number
and height may be requested. Such variances shall be reviewed
by the Zoning Board of Adjustment in accordance with Section 5-
3 of the Zoning Ordinance.
d)
Lighting: Signs may be illuminated only by means of indirect
lighting, whereby all light sources and devices are shielded from
view by opaque or translucent materials, or internally illuminated
by means of a light source completely enclosed by the sign panel.
e)
Motion: No signs may include any device or means, mechanical,
electrical or natural, which shall cause any motion of the sign
panel or any part thereof. No flashing lights or changing colors
shall be allowed.
Exterior StoraQe ReQulations
Exterior storage shall be in accordance with the following regulations:
Allowable Allowable Allowable Screening Minimum Maximum
Products Location Materials Opacity Height of
Stored Screening
Zone A PROHIBITED
Zone B PROHIBITED
Zone C Finished Rear or Synthetic materials, wood, 50% 10 feet
Goods side yards masonry, brick or stone
similar to buildinQ color
Zone D Raw or Rear or Similar to building color 50% 12 feet
finished side yards
goods;
eQuipment
Zone E' Raw of Rear or Similar to building color 100% 15 feet
finished side yards
goods;
eQuipment
Zone 0 PROHIBITED
..
'Extenor storage IS prohibited on lots fronting Seippel Road.
1)
Exterior storage of materials, which could be blown into the air or
strewn about by the wind, shall be prohibited.
2)
Exterior storage, where allowed, shall not encroach into a front yard. A
front yard may exceed the required front yard setback.
3)
The ground area coverage of exterior storage areas shall be the area
contained inside the required screening. This area shall be considered
to be a building-related feature for purposes of calculating total land
area coverage.
Ordinance No.
Page 16
G.
-04
4)
Exterior storage (where allowed) must be screened from view from
adjacent public right-of-way. In Zone C exterior storage must be
screened from both the public right-of-way and surrounding
privately owned property.
5)
The screening height shall be 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.
6)
Required screening is intended to buffer surrounding property from the
negative visual impact created by the storage of raw or finished goods,
materials and equipment that can adversely impact the value of
adjacent property.
7)
The City Planner may grant a waiver for screening to exceed the
maximum height allowed, when topography or height of individual
finished products or equipment could make it impossible to completely
screen a storage area from every vantage point. The City Planner may
not grant waiver in maximum screening height for raw materials or
stacked goods.
8)
All exterior entrances to a screened storage area shall be provided with
a gate or door of similar design to that of the screen.
9)
Long-term storage of products or materials in semi-trailers or shipping
containers is prohibited.
Exterior Trash Collection Area ReQuirements
1) Exterior trash collection areas shall include collection bins, dumpsters,
and similar waste receptacles for the short-term storage and collection
of trash. Trash shall include garbage, scrap, recyclables, debris and
similar materials.
2) The storage of trash shall be limited to that produced by the principal
permitted use and accessory uses of the lot. Exterior storage of trash,
which could be blown into the air or strewn about by the wind, shall be
prohibited.
3) The ground area coverage of exterior trash collection areas shall be the
area contained inside the required screening. This area shall be
considered a building-related feature for purposes of calculating total
land area coverages.
Ordinance No.
Page 17
-04
4) Exterior trash collection areas shall be located in rear or side yards only.
Exterior trash collection areas shall not encroach into a front yard. A
front yard may exceed the required front yard setback.
5) All exterior trash collection areas and the materials contained therein
shall be screened from view frorn the adjacent public right-of-way.
6) The screening shall be a 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.
7) Exposed materials used to construct the opaque screen shall be similar
in appearance to materials used for exterior building walls. All exterior
entrances to a screened trash area shall be provided with a gate or door
of similar design to that of the screen.
8)
If a 10-foot high screen fails to shield the exterior trash collection area
from view from the adjacent public right-of-way, evergreen plantings
may be required in addition to the screening. Evergreen plant materials
shall be selected and designed so that they will screen the area from
the adjacent public right-of-way within five (5) years.
H.
LandscaDina Reaulations
The following Landscape Regulations shall apply to each lot:
1) Plant Materials: The open space area of each lot shall be planted with
permanent lawn and ground covers, shrubs and trees. It is the intent of
these regulations that the development of required open spaces shall
reflect a high quality of environmental design.
2) Landscaping: The following is the minimum requirement of trees and
shrubs, by number and size, and the type of ground cover required.
Street trees planted in public street right-of-way shall not be counted
toward fulfillment of the minimum site requirements set forth below.
Plant species to be used for landscaping shall be in accordance with
the City of Dubuque street tree policy. Existing trees and shrubs to be
retained on site may be counted toward fulfillment of the landscaping
requirements.
a) MiAimum tree planting requirements for any new development in
the Dubuque Industrial Center West shall be one (1) tree of the
following size per 1,600 square feet of required open space:
40% minimum: 2-2 1/2" caliper diarneter deciduous and/or 8-foot
height or greater evergreen.
Ordinance No.
Page 18
-04
Balance: 1 Yz - 2" caliper diameter deciduous and/or 6-foot height
evergreen.
b)
Minimum shrub requirements at the time of planting for any
development in the PUD District, shall be 6 shrubs, or 1 shrub per
1,000 square feet of required open space, whichever is greater.
Shrubs shall be a minimum of 18" height or minimum of one (1)
gallon potted.
3) Landscape berms and/or plantings shall be required as screening for
parking areas adjacent to public streets and shall be a minimum of
three (3) feet in height and can utilize natural grade changes to achieve
the required 50% opacity landscaping screen. Parking lot screening is
in addition to required landscaping of open space areas.
4) Trees shall be provided in all parking lot islands, which are of sufficient
size to ensure the growth and survival of the trees. Trees planted in
parking lot islands may be counted toward the minimum tree planting
requirements.
5) The developer of any lot fronting Seippel Road and/or Chavanelle Road
shall participate in the planting trees compatible in species and spacing
with tree plantings, which have previously been completed by the City
along said streets.
6) The installation of required planting materials may be phased in direct
proportion to the phasing of building construction. Required
landscaping shall be installed by the date the Building Services
Department issues an occupancy certificate, or if winter weather
prevents planting, within six months of being issued an occupancy
certificate.
7) To reduce erosion, all disturbed open space areas shall have ground
cover of grass or native vegetation, which is installed as sod, or
seeded, fertilized and mulched.
8) The lot owner is required to replant any and all plant materials, which
have died due to any cause during the effective period of this PUD
Ordinance.
9) A deta~d landscape plan shall be required as part of submittal for final
site development plan approval.
10) The area between the public street and the right-of-way line shall be
planted with grass and maintained by the lot owner.
Ordinance No.
Page 19
- 04
11) Industrial Center landscaping: Common areas and streetscapes of the
PUD District shall be in accordance with the landscape plan, a copy of
which is attached and made a part of this PUD ordinance.
I.
Performance Standards.
The developrnent and maintenance of uses in this PUD District shall be
established in conformance with Section 3-5.5 of the Zoning Ordinance and
the following standards:
1) Site Lighting: exterior illumination of site features and location and
design of site lighting shall be in accordance with the following
requirements:
a) Exterior Illumination of site features shall be limited to the
illumination of the following:
~ Parking areas, driveways and loading facilities
~ Pedestrian walkway surfaces and entrances to building
~ Screened storage areas
~ Building exterior
b)
Location and design of site lighting shall be in accordance with
the following requirements:
~ All exterior lighting shall be designed, installed and
maintained so as not to cause glare or to shine in adjacent
lots and streets.
~ No light source shall provide illumination onto adjacent
lots, buildings or streets in excess of 1.0-foot candle.
~ All exterior lighting luminaries shall be designed and
installed to shield light from the luminaire at angles above
72 degrees from vertical.
~ Fixtures mounted on a building shall not be positioned
higher than the roofline of the building.
~ Wooden utility type poles are acceptable only for
temporary use during construction.
~ All electrical service lines to posts and fixtures shall be
underground and concealed inside the posts.
2) Utility Locations: Service lines and mechanical equipment for utilities
shall be located in accordance with the following requirements.
a)
Service Lines: All electrical, telephone cable and other similar
utility lines serving the building and other site features shall be
located underground.
Ordinance No.
Page 20
-04
b)
Mechanical Equipment: All ground-mounted electrica1
transformers, switching gear, relay boxes, meters, air conditioning
units, heat pumps and other similar mechanical equipment shall
be screened from view. Screening may consist of plantings or
masonry walls. Plantings shall achieve 50% opacity after three (3)
growing seasons and a masonry wall shall appear to be an
integral part of the building's overall architectural design.
3) Site Plans: Final site development plans shall be submitted in
accordance with Section 4-4 of the Zoning Ordinance prior to
construction of each building and vehicle-related feature unless
otherwise exernpted by Section 4-4.
4) Storm Water Conveyance: The developer of each lot shall be
responsible for providing surface or subsurface conveyance(s) of storm
water from the lot to existing storm sewers or to flow line of open
drainage ways outside the lot in a means that is satisfactory to the
Public Works Department of the City of Dubuque. Other applicable
regulations enforced by the City of Dubuque relative to storm water
managernent and drainage shall apply to properties in the PUD District.
5) Platting: The conceptual development plan shall serve as the
preliminary plat for this PUD District. Subdivision plats and
improvement plans shall be submitted in accordance with Chapter 42,
Subdivision Regulations, of the City of Dubuque Code of Ordinances.
6) Noises: Noises generated within the PUD District shall be regulated by
Chapter 33, Article IV Noises, of the City of Dubuque Code of
Ordinances.
7) Street Lighting: Streetlights shall be installed in accordance with City of
Dubuque standards.
8) Flood Plain Regulations: The area of the PUD District that lies within
the flood plain of Catfish Creek shall be subject to the regulations of
Section 3-5.3 of the Zoning Ordinance.
9) Phased construction of Buildings and Parking Spaces: The
construction of off-street parking spaces may be phased in proportion to
the percentage of total building floor area constructed at anyone time.
Ground area set aside for future parking, loading spaces or driveways
or for parking provided in excess of the minimum required number of
parking spaces shall not reduce the minimum required area for open
space.
Ordinance No.
Page 21
-04
10) Other Codes and Regulations: These regulations do not relieve an
owner from other applicable City, County, State and Federal codes,
regulations, laws and other controls relative to the planning,
construction, operation and management of property in the PUD
District.
J.
Open Space and Recreational Areas
Those areas not designated on the conceptual development plan as "open"
shall be maintained as open space, as defined by Section 8 of the Zoning
Ordinance by the property owner and/or association. The recreational trail
shall be maintained by the property owner and/or association.
K.
Transfer of Ownership
Transfer of ownership or lease of property in this PUD District 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.
L.
Modifications.
Any modifications of this Ordinance must be approved by the City Council in
accordance with zoning reclassification proceedings of Section 6 of the
Zoning Ordinance.
M.
RecordinQ.
A copy of this ordinance shall be recorded at the expense of the property
owner(s) with the Dubuque County Recorder as a permanent record of the
conditions accepted as part of this reclassification approval within ten (10)
days after the adoption of this ordinance. This ordinance shall be binding
upon the undersigned and his/her heirs, successors and assigns.
Section 4. The foregoing amendment has heretofore been reviewed by the
Zoning Advisory Commission of the City of Dubuque, Iowa.
Section 5. The foregoing amendment shall take effect upon publication, as
provided by law.
Passed, approved and adopted this 20th day of December
2004.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
D~
~Y4-~
MEMORANDUM
December 15, 2004
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: RISE Funding
The City has been awarded $1.26 million by the Iowa Department of Transportation
Commission from their Revitalize Iowa's Sound Economy (RISE) program to assist with
the extension of Chavenelle Road.
This is 50% of the cost of the eligible components of the road project.
!](e¿
MCVM/jh
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
,::::r
Douglas & Dianne Fritsch
14238 Middle Rd.
Dubuque. Iowa 52002
Phone 563-543-8348
Home Phone 563-557-8348
""C.'
December ll, 2004
Honorable Mayor Terry Duggan
Dear Mayor,
My wife Dianne and I would like to express our concerns about the proposed expansion of the Dubuque Industrial
Center West. We are located on the NE comer ofthe new proposal along Middle Rd. The proposed expansion
would create an area zoned HEAVY INDUSTRIAL next to my home as well as the homes of several of my
neighbors. We are concerned for our families safety; we have three sons Jesup 14, Bryer 12, and Layton 10. We
are also concerned that the expansion will have a negative impact on the marketability and value of our home.
Common sense tells us that heavy industrial and residential should not be mixed.
Heavy industrial could incorporate practically any type of industrial plant; (i.e. fuel and ice dealers! freight
transfer companies! packing and processing of meat, dairy, and food! compounding, processing and packaging of
chemical products! manufacturing and fabrication of many other goods) to name just a few. These and many other
companies that could be built on this site have the potential to use hazardous materials in the processing of their
goods as well as generate hazardous waste. My neighbors and myself all have our own well as a source of water.
If any of these hazardous chemicals or wastes find their way into the ground water our water supply will be
contaminated. If this contamination were to go undetected our loved ones and ourselves would be at a great
physical risk; potentially even death. Many other hazardous materials and wastes become airborne. The proposed
sites are located south, west and southwest of our homes. The predominate winds in the spring, summer and fall
are all from the south or west. This means any airborne chemicals, waste, noise, smell and pollution would carry
directly to our homes. In the spring, summer, and fall my household has the windows open except for rainy days
and the rare occasion when we use the central air; three days in the last two years. Hazardous spills although
iufrequent are a reality. Many times the fumes from the hazardous products or the products themselves spread so
fast people cannot get out of harms way and suffer physical harm or even death. Also the long term exposure to
pollution can have adverse affects on a persons health. I love my family and neighbors and don't want them to live
in this enviromnent.
Common sense tells us that you don't build or purchase a home in an industrial park; it also tells this to other
prospective buyers and builders. My neighbor Elaine White lives directly to the west of my house. Several years
ago she tried to sell her home without success. All the potential buyers changed their minds when they were told
that the land behind her home could be zoned for industrial use. You may recall Elaine telling you this at a
previous City Counsel meeting. This leads me and my neighbors to believe that the value of our property has been
will be affected in a negative way. Either the value of our property will decrease while the the value of other
properties in Dubuque and the surrounding area increase or remain the same; or we will be unable to sell our
property at alL After all if we don't want to live in an industrial park why would anyone else? They would be
exposed to all the same problems as us. Homes are not a small purchase. For most people, including myself, they
are the largest investment in their life. The City of Dubuque or anyone else should not expect a handfull of
property owners to forego great financial loss so that others may prosper.
My neighbors and I built or purchased our homes in an area zoned R2 and agriculturaL When we built or
purchased our homes none of us would have done so if the adjoining land was zoned industrial or was going to be
zoned as such. Many of the homes were built here nearly fourty years ago by the present owners. The City of
Dubuque purchased the surrounding land approximately six or seven years ago with a plan to build an industrial
park. The plan failed to address the problem of mixing HEAVY INUS TRIAL and residentiaL This problem
could have been easily solved if the city would have purchased the handfull of residences that are now being
affected. If these homes would have previouly been purchased there wouldn't be any opposition to the proposed
industrial park. I'm sure the Dubuque Zouing Advisory Commission would have approved the the City's request
instead of opposing it. The land purchased from the Siegert and Bergfeld families that make up the majority of
the present and proposed industrial park was purchased at three to five times the fair market value for agricultural
land. My nighbors and I are not asking for three to five times fair market value for our property but we would like
to have our homes purchased by the city for fair market value with compensation for moving expenses and storage
fees incurred while shopping for or building a new home. We feel this is worth putting into the City's budget and
the responsible action for the City to takc. We are not looking to get rich off of the taxpayers. We are ouly looking
to raise our families in a safe environment where we will not be exposed to the risks which are inherrent with
industrial parks; zoned HEAVY INDUSTRIAL at that. We also want to protect the investment we call our
home. We are hard working American families who pride ourselves on making the commuuity a better place to
live. An industrial park is no place to live; it's a place to work.