Loading...
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 D~~~E ~c,k¿~ 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 Te=wo,k 08/30/2004 15:56 FAX 1i!I002 DulðijUE ~<k~ Oty of Dubuque Planning Services Department Dubuque, IA 52001-4864 Phone: 563-589-4210 Fax: 563-589-4221 PLANNING APPLICATION FORM 0 Variance DRezoning OCcnditional Use Permit [jj Planned 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: D N DU~~E ~c,k¿~ 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. Prep""d by' ~ R""""",,, ,u/" Date: IIhZlo l' I ' I ~ ~ ^~II~I ~ -:. ~ ~ ~ ~ ~ ~ i;\ ffi :r ':J:O ~ ~ m 0 <i! tiS æ ::! 1-1-- ~If)UJ OW:::¡: Z:S:OC - « w I u: ;¡ Z :::>0::>- Q 55 OWl- ,". ~~ :::> I- Z => 510 mZ:::> g §~ 5~8 ~ SEE SHEET EX.21 PLAN (EXHIBIT "A") ~ NORTH ~I [õ!, " Š ~ 51 GRAPHIC SCALE 200 400 ~ SCALE IN FOET ORA"NG HAY HA'" BEEN REOUCEO GONTOUR INrERVA" ONE-FOOT CHAVENEU.E DESCRIPTION: LOT H AND LOT J IN DUBUQUE INDUSTRIAL CENTER WEST THIRD ADDIllON, CITY OF DUBUQUE, IOWA. LOT 1 OF LOT 1 OF THE NWl/4 OF THE NE1/4; THE SWl/4 OF THE NE1/4: LOT 1 OF THE EAST 10 ACRES OF THE NE1/4 OF THE NWl/4: THE WEST 30 ACRES OF THE NE1/4 OF THE NWl/4; LOT 1 OF LOT 1 OF THE SE1/4 OF THE NWl/4; LOT 2 OF LOT 1 OF THE SE1/4 OF THE SWl/4: LOT 2 OF THE SWl/4 OF THE NWl/4, ALL IN SECllON 30, TOWNSHIP 89 NORTH, RANGE 2 EAST OF THE STH P.t.!. ¡¡¡l X w 310 ACRES ADDRESS: CHAVENELLE ROAD/!.110DLE ROAD OWNER: CITY OF DUBUQUE 50 WEST 13TH STREET DUBUQUE, IA 52001 563-589-4110 ç; , ~¡ ~ ,,' "'. .. 1R . . . '~>T. -+- I 120' . so' ;. GURB '" P.C.C. "AU< 50' "'0~~13." l~ z~~Ë'.1 TREE,~~"NG 1"13-. " P.C.C. "At SO I~ ~~ ~ N ~, ~ ~ ~ 50' ~ ~.. CONSTRUCTION/LANDSCAPING SCHEDULE: APRIL - SEPT., 2005 (TENTAllVE) 1/2"1n ,~ -n SO CURB EXISTING ZONING: PROPOSED USAGE: AG AGRICULTURAL DISTRICT PLANNED UNIT DEVELOPt.!ENT DISTRICT (PUD) WITH A PLANNED INDUSTRIAL DESIGNAllON (PI) TYPICAL SECllON CHAVENELLE ROAD 37' BACK TO BACK AU. STREETS SHAll. BE CONSTRUClEO TO CURRENT CITY OF OUBUQUE STANOAROs. TYPICAL SECllON INTERIOR STREETS 37' BACK TO BACK 66' R.O.W. ~I \ \ \ \ J ~ j " ~\~\~I J ~~n ililill z j c.", -',.. <0 ;:0 'I!: - ~~~ í~¡;j ~U'" e>: r.¡ E-o Z r.¡ u ....¡ -< ¡;¡ E-oZ "'0"" ::0-;:0 .,. t: 0"< ~~ § s¡ ~ , <;:0- ~r.¡=O ¡.Ï ¡::o E->,..;:o : at... 00" 0 ::0 ;:0 "Hrq¡; ¡: '" £g~u2 ~=' "'dcJ n g¿ p.; ¡ ~~ ¡z¡ cñ ~ ~~-r ~ >- . z g; ~ ¡z¡~ ¡¡ ~~ ¡: m~~ll ; >" ¡I! ~! ""'Joe' N=b" 04"'-02 @ EX.20 P:\04\119\119-02\O411~2\dw.\04119' )2CP.dW., EX.21, 11/29120041:35:00 PM \..: / f " I " C <D g Õ ~ ~ ;0 z ~ g ~ ~ Ii ,,~- """'OG ::-0 ~ ~ :!¡~~k f!.t,,/.-:-;~l,~.. \~",,"""""...~\';:.'.::.>."..'.-:4~~--;t.i'.~.;~~- ¡., "', . .¡;¡' F Òl,., '. '~'. . r:'3:~':~' . 't:~~¥~ ',. . ~~¡;:¡¡9 ' ~Ig d~~'1 ~i:-: ~-Z_<>Í'NG:' 0"2 (DUB.CO.) ~ ,.Cõ'i i7šéŒ.5w1/4 AND ,-.",",i..'/ lOT,',' W,' 'Ó .AC., SW1/' 5<1/4 ~., :SEG."".. R2E. '.:--,J~"E'~M!lliElLE BAHl II> '" '" II> r '" '" .... '" X N 0 a § ~ ~o 15 ~ < ~ ø L g¡ m ~ i¡i~ ~ 8 "1 ~ ~ a @ ml-l >< n NH ....... ! ""j.., D...ri."~, p,.,.., ...:.... Sh.., nu., CONCEPTUAL PLAN SHEET 2 OF 2 rT"I771 IIW ENGINEERS & u.u. SURVEYORS, P.C. DUBUQUE INDUSTRIAL CENTER WEST 4TH ADDITION CITY OF DUBUQUE DUBUQUE, IOWA REVISIONS REVISIONS REVISIONS -- ZONING APPUCU'ON ""'-2004 H-II-2- ~ ~ ""'RNNSYLVANOAAVS. DUBUQUE, OA "002 """,..", -,¡._- fAX """,."" ~, < Õ ~ -j -< s::: » -U 0 0 Z 0 rrl LJ -1 C » I LJ I » Z I~ w.u 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.