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Request to Rezone 501 Seippel RoadPIanning Services Department City Hall 50 West 13th Street Dubuque, IA 52001 -4864 (563) 589 -4210 phone (563) 589-4221 fax (563) 690 -6678 TDD planning@cityofdubuque.org Dubuque All-Medea Cf 1IIII 2012 The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 13th Street Dubuque IA 52001 THE CITY OF DUB Masterpiece on the Mississippi February 11, 2013 Applicant: City of Dubuque Location: 501 Seippel Road (South Siegert Farm) Description: To rezone property from AG Agricultural District to PUD Planned Unit Development with a PI Planned Industrial designation. 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 Economic Development Director David Heiar spoke on behalf of the applicant in favor of the request, reviewing the need for and the location, size and access to the proposed industrial park. He reviewed that the flood plain of Catfish Creek will be preserved as well as areas to the south, for open space /recreational uses. He noted the property originally had been acquired with the intent to develop an industrial park. He noted the proposed PUD is based on the Dubuque Industrial Center West PUD. Staff Member Kritz reviewed the staff report, noting surrounding zoning and land use, the allowed uses, that the proposed industrial park meets the Unified Development Code's Conservation Subdivision criteria and receives sustainability points for preserving native trees, innovative infiltration techniques, future bike /hike trails and street trees. There were several public comments from neighboring residential property owners along Cousins Road. Their comments were regarding concern about future use of Cousins Road and status of their property connected with the construction of the Southwest Arterial and whether they will be bought out by the Iowa Department of Transportation. Neighbors also noted they will be an island of residential surrounded by industrial and commercial zoning, and questioned access to the landfill. Dan McDonald, representing Greater Dubuque Development Corporation, spoke in favor of the request, noting the need for additional industrial land. Service People Integrity Responsibility Innovation Teamwork The Honorable Mayor and City Council Members Page 2 Staff Members Heiar and Kritz reviewed the PUD conceptual plan and future access to the landfill. The Zoning Advisory Commission discussed the request, noting that the issues regarding Cousins Road and property acquired as part of the Southwest Arterial are outside the rezoning request for the proposed industrial park. The Commission discussed the layout of the industrial park, noting that open space /recreation is proposed behind the residences on Cousins Road. Recommendation By a vote of 6 to 0, the Zoning Advisory Commission recommends that the City Council approve the request. A simple majority vote is needed for the City Council to approve the request. Respectfully submitted, - ,o A. Charles Miller, Chairperson Zoning Advisory Commission Attachments cc: David Heiar, Economic Development Director Gus Psihoyos, City Engineer Service People Integrity Responsibility Innovation Teamwork THE CITY OI Dug Masterpiece on the Mississippi ❑Variance ['Conditional Use Permit ❑Appeal ❑Special Exception ❑Limited Setback Waiver Rezoning /PUD /ID Dubuque Mblitz! rill 2007 PLANNING APPLICATION FORM ❑Preliminary Plat ❑Major Final Plat ['Minor Final Plat ❑Simple Site Plan Minor Site Plan Major Site Plan ❑Simple Subdivision ['Text Amendment ❑Temporary Use Permit ❑Annexation ❑Historic Revolving Loan ❑Historic Housing Grant Please type or print legibly in ink Propertyowner(s): City of Dubuque Address: 50 w. 13th Street City; Dubuque Fax #: N/A Cell #: N/A Applicant /Agent: Dave Helar Address: 50 W. 13th Street City: Fax #: N/A Cell #: N/A Site location /address: South Siegert Farm Existing zoning:. AG Proposed zoning:. PUD - P1 City of Dubuque Planning Services Department Dubuque, IA 52001 -4805 Phone: 563 -589 -4210 Fax: 563 - 589 -4221 planning bcityofdubuque.orq ['Certificate of Appropriateness ['Advisory Design Review (Public Projects) ❑Certificate of Economic Non - Viability ❑Historic Designation: Choose One ❑Demolition in Conservation Districts ❑Port of Dubuque Design Review Phone: 589 -4393 State: IA Zip: 52001 E -mail: EconomicDevelopment @CityofDubuque.org Phone: 589 -4393 Dubuque State: IA Zip: 52001 E -mail: EconomicDevelopment @CityofDubuque.org Neighborhood Association: Choose One District: Choose One Landmark: ❑ Yes El No Legal Description (Sidwell parcel ID# or lot number /block number/subdivision): Lot 1 of 1 and Lot 1 of 2 South Fork Industrial Subdivision #1 Total property (lot) area (square feet or acres): Approximately 175 acres Describe proposal and reason necessary (attach a letter of explanation, if needed): Rezone Property to facilitate development of a Planned Industrial Park CERTIFICATION: I /we, the undersigned, do hereby certify /acknowledge that: 1. It is the property owner's responsibility to locate property lines and to review the abstract for easements and restrictive covenants. 2. The information submitted herein is true and correct to the best of my /our knowledge and upon submittal becomes public record; 3. Fees are not refundable and payment does not guarantee approval; and 4. All additional required written and graphic materials are attached. Property Owner(s): Date: Applicant /Agent: `r"'-'" . — Date: FOR OFFICE USE ONLY — APPLICATION SUBMITTAL CHECKLIST Fee: Received by: Date: /2 Z / Docket: DESCRIPTION: LOT 1 OF 1 OF SOUTH FORK INDUSTRIAL SUBDIVISION NO. 1 SECTION 31, T89N, RCS OF THE 5TH P.11., IN THE CITY OF DUBUQUE, IOWA AND LOT 1 OF 2 OF SOUTH FORK INDUSTRIAL SUBDIVISION NO. 1 SECTION 3, T89N, 522 OF THE 5TH P.M., IN THE CITY OF DUBUQUE, IOWA COSTELLO, LEO J & LORI L _ JLD INVESTbfENTS LLC — SJBp "i O� % INVESTMENTS - n .-. 80�u 6T 60 ���� lO 870 G ^BG 50� 1 /o.10 0�r // t- t AREA SUMMARY: TOTAL AREA = 172.87 ACRES PUBLIC AREAS = 106.96 ACRES SIEGERT, WILLIAM A & JANET L OWNER CITY OF DUBUQUE 60 W 13TH STREET DUBUQUE, IA 62001 PHONE: (583) 589 -4100 LEGEND STORM WATER SWALE (TYP.) DETENTION 1 _ INDUSTRIAL BUILDING PAD 1 STORM SEWER (TYP.) "'""''' ......... ,„ ,,,,,,,,,,,,, 'L..s o :./_:.J" ='eq0i WATMAIN y / / (TYP.) EX. WATER MAIN • / 1—! INDUSTRIAL'j;lll / II �; / / BUILDING lll�lll, I Ii 11111 % / / / PAD 2 l:q r ll( 70/7 a +lllllllll� ir G/O —✓ .« N � l �� INDUSTRIAL 80 0 \. / • coo I / ZONE D ZONE 0 (PUBLIC AREAS) PLASTIC CENTER INC „IaIIIIIIIIIIIUIb,,.. NORTH HORIZONTAL SCALE IN FEET 0 150 300 DRAWING MAY HAVE BEEN REDUCED PLASTIC CENTER INC SANITARY SEWER (TYP.) STORM WATER SWALE (TYP.) INDUSTRIAL BUILDING PAD 3 / / 1„ // l `I1r 1111 )PROPOSED STREET (75' ROW) �lll !INCLUDES PROPOSED WATER MAIN �tirogstriripirr ANTARY SERER - ASEMENT (TYP.)j • / /` DETENTION 3 / / 4/ II I 1 • I k DETENTION 2 1 � BUILDING PAD 4 ° °lei. • :. o - - ��r� �'�� JECKLIN, DONALD J TRUST 1/2 INT JECKLIN, MARY C TRUST 1/2 INT ■ 790- - 4 • 7701. — S — - EXISTING 30.0' SANITARY SEWER EASEMENT / Y \ - c�� �o . \ MIDDLE FORK \CATFISH CREEK /( \ \ — ■ \ \`\ \ C\` f- e SAS fgSA! fNT \�_ -- \ t ��C /O /Q 1 1 I \ D UDUQUE METROPOLITAN AREA SOLID WASTE AGENCY • \C /0 G'\ 4 V *oo1 / Gro WOODS GXe� DUBUQUE METROPOLITAN AREA SOLID WASTE AGENCY PFEIFFER, THOMAS A & CHARLOTTE ROKUSEK, ARTHUR D & KAREN K SANFORD, KIM W O cn 1 0 I 1 1 I I I 1 / IIW ARCHITECTURE CIVIL ENGINEERING CONSTRUCTION SERVICES ENVIRONMENTAL ENGINEERING LAND SURVEYING MUNICIPAL ENGINEERING STRUCTURAL ENGINEERING TRANSPORTATION ENGINEERING 1NTEGRITY.EXPE ROSE.SOLUTIONS © COPYRIGHT 2012 ALL RIGHTS RESERVED. THESE DOCUMENTS HAVE BEEN PREPARED SPECIFICALLY FOR THIS PROJECT ONLY. NO PART OF THIS DOCUMENT MAY BE REPRODUCED OR DISTRIBUTED IN ANY FORM WITHOUT THE PERMISSION OF IIW, P.C. ALL INFORMATION IN THIS DOCUMENT 15 CONSIDERED PROPERTY OF IIW, P.C. f CONCEPTUAL PLAN DUBUQUE INDUSTRIAL CENTER SOUTH GRADING AND UTILITIES 2012 PHASE 1 o Ed w E 2 v 0m LL N 0_ y Sheet No 1' EX 1 Project No: 11083 -01 ..,,Ilulllllllmllli.,. NORTH 2% 4% 37' -6" 18' -6" BT -2 OR L -2 JOINT 37, -6" 18' -6" 12' -0" 6' -6" 28 2% BT -2 OR L -2 JOINT FUTURE 4" PCC WALK 6" TOPSOIL IN ROW CURB BACKFILL, TYP PROPOSED WATERMAIN 2% 2% STANDARD 6" INTEGRAL CURB 9" PCC 12" STONE BASE PROPOSED FIBER OPTIC CONDUIT SECTION C)TYPJCAL NOT TO SCALE 13' -0" 4% 0 I 5' -0" 2% 1j, FUTURE 4" PCC WALK TRANSVERSE CD CONTRACTION JOINTS 16' OC. INSTALL CO BASKETS UP TO 18" FROM BOC LONGITUDINAL SUBDRAIN, INSTALL AS DEEP AS POSSIBLE TO OUTLET DRAIN INTO CATCH BASINS, MIN, 42" BELOW BOTTOM OF CONC. PAVEMENT. FOR OTHER DETAILS SEE IDOT DETAIL RF -19C (TYPE 12) Zoning Classification Single- Family Residential (R -1) Single- Family Residential District with conditions Two - Family Residential (R -2) Two - Family Residential District with conditions Altemate Two-Family Residential (R -2A) Alternate Two - Family Residential District with conditions 1 Mod. Density Multi- Family Residential _(R -3) Moderate Density Multi - Family Residential District with conditions I= Multi- Family Residential (R-4) Multi - Family Residential District with conditions Ts"s%1 Planned Residential (PR) Office Commercial (CC) Office Residential (OR) Office Service (OS) Office Service Districl with conditions Planned Office (PO) Neighborhood Commercial (C -1) Neighborhood Commercial District with conditions Neighborhood Shopping Center (C-2) Neighborhood Shopping Center District with conditions - Mixed Use Neighborhood (C -2A) - Mixed Use Neighborhood with conditions General Commercial (C -3) - General Commercial with conditions - Downtown Commercial (C -4) Downtown Commercial District with conditions - Central Business District (C -5) - Commercial Recreation (CR) Commercial Recreation District with conditions Commercial Service & Wholesale (CS) Commercial Service & Wholesale District with conditions Planned Commercial (PC) ii=i, Light Industrial (LI) Light Industrial District with conditions Heavy Industrial (HI) Heavy Industrial District with conditions Modified Heavy Industrial (MHI) Modified Heavy Industrial District with conditions Planned Industrial (PI) ram Planned Industrial District with conditions [7.-1 Institutional (ID) Mil Public Open Space (F'OS) Agricultural (AG) Agricultural with a Rural Residential Overlay District City limits 43' City of Dubuque IrLYI City of Asbury Sageville IIW, P.CJ ♦♦ IIW ARCHITECTURE CIVIL ENGINEERING CONSTRUCTION SERVICES ENVIRONMENTAL ENGINEERING LAND SURVEYING MUNICIPAL ENGINEERING STRUCTURAL ENGINEERING TRANSPORTATION ENGINEERING INTEGRITY.E%P£RTISE.SOLUTIONS © COPYRIGHT 2012 ALL RIGHTS RESERVED. THESE DOCUMENTS HAVE BEEN PREPARED SPECIFICALLY FOR THIS PROJECT ONLY. NO PART OF THIS DOCUMENT MAY BE REPRODUCED OR DISTRIBUTED IN ANY FORM WITHOUT THE PERMISSION OF IIW, P.C. ALL INFORMATION IN THIS DOCUMENT IS CONSIDERED PROPERTY OF IIW, P.C. z J i1 J W U z 0 U DUBUQUE INDUSTRIAL CENTER SOUTH GRADING AND UTILITIES 2012 PHASE 1 m 0 Sheet No f EX 2 Project No: 11083 -01 ROJECT DATA LOT GROUND AREA LAND USE 1 12.19 AC M-H 2 26.04 AC M-H 3 7.96 AC SERVICE 4 35.13 AC H 5 14.15 AC H 6 4.78 AC L 7 6.69 AC L 8 27.19 AC H 9 47.11 AC H 10 48.66 AC H 11 4.13 AC M-H 12 12.68 AC M-H 13 10.86 AC M-H 14 13.33 AC M-H 15 7.44 AC M-H 16 12.73 AC M-H 17 30.31 AC M-H 18 14.53 AC M-H 19 9.22 AC M-H 20 8.64 AC M-H 21 9.46 AC M-H 22 8.60 AC M-H 23 25.41 AC M-H 24 22.23 AC M-H 25 8.46 AC M-H 26 4.48 AC L 27 4.66 AC L 28 6.49 AC L 29 7.70 AC L • 30 12.23 AC M-H • 31 17.65 AC M-H • 32 34.24 AC M-H • 33 25.17 AC M-H 34 11.15 AC L 35 6.92 PC L 36 4.50 AC L. 7.56 AC ROW 15. 12.80 AC ROW 'C 10.60 AC ROW T 6.31 AC OPEN V 20.83 AC OPEN 'V' 12.29 AC OPEN W 30.60 AC OPEN 'X' 7.86 AC OPEN Y 9.79 AC OPEN 67.41 AC OPEN LEGEND: cyrt Awin, 4o4d (r;VsiEdLE Race_ i 1_74 9 if 24: ;....-= . l'..,'!k .......v.,..,,,. , I 5 o, , fur 311-0: 11'1014, "ff LIGHT INDUSTRIAL HEAVY/MEDIUM INDUSTRIAL HEAVY INDUSTRIAL SERVICE OPEN SPACE LOT LAYOUT MASTER PLAN DUSUQUE INDJS CEK-FR - WEST COWCY FAR V S DUBUQUE, OVli,A SEIPPEL ROAD CONNECTION TO HIGHWAY 20 PREPARED BY: KIRKHAM MICHAEL Sc ASSOCIATES ADAMSON CLARK LANDSCAPE ARCHITECTURE, INC. 5, Base Data Provided by Dubuque County GIS Masterpiece on the Mississippi Dubuque kinattl '111 ' 2012 Vicinity Map Applicant: City of Dubuque Location: Seippel Road Description: To rezone property from AG Agricultural District to PI Planned Industrial District Legend Area to be Rezoned Zoning District Boundary Path: H:1Planning ServicesWVicinity Maps1ZAC Vicinity Maps\projects \Vicinity Map DICS 1- 9- 2013.mxd PLANNED DISTRICT STAFF REPORT Zoning Agenda: February 6, 2013 Project Name: Property Address: Property Owner: Applicant: Dubuque Industrial Center South 900 Seippel Road City of Dubuque City of Dubuque Proposed Land Use: Existing Land Use: Adjacent Land Use: Industrial Vacant North — Vacant /Agricultural East — Vacant/residential South — Landfill West — Agricultural Flood Plain: Yes Water: Yes Storm Sewer: Yes Previous Planned District: No. Purpose: The submitted rezoning request is to allow for development of the Dubuque Industrial Center South. Proposed Zoning: PI Existing Zoning: AG Adjacent Zoning: North — CS(c) East — C -3/R -1 South — HI West — County R -1 Total Area: 172.87 acres Existing Street Access: Yes Sanitary Sewer: Yes Property History: The subject property has been used for agricultural purposes prior to and after its purchase by the City of Dubuque. The subject property was purchased in the mid 1990s for future industrial development. Physical Characteristics: The subject property is located west of U.S. Highway 20, south of Old Highway Road with Seippel Road bisecting the northern portion of the property. The subject property has flood plain along its southern portion that drains to the southeast. 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 the Economic Development Element: Goals 3.2 and 3.4. This project also implements the Master Plan approved for the Dubuque Industrial Center West in 1997. A copy is attached to this staff report. Planned District Staff Report- Dubuque Industrial Center South Page 2 Staff Analysis: Streets: Seippel Road runs through the northern portion of the subject property and is built with 37 -foot of paving within a 100 -foot right -of -way. Based on 2009 IDOT counts, approximately 1,630 average daily trips occur on Seippel Road. A new cul -de -sac street will be constructed in the future to assist in access to the building pads south of Seippel Road. Sidewalks: Sidewalks will be provided along Seippel Road and any interior streets as development of adjacent parcels are commenced. Parking: Off - street parking will be provided as per the City of Dubuque Unified Development Code. Lighting: Cut -off luminaries shall be utilized throughout the Dubuque Industrial Center South Industrial Park. Signage: The attached PUD Ordinance for the Dubuque Industrial Center South regulates on- premise signage for the industrial park. 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 previously approved PUDs for the Dubuque Industrial Parks. Bulk Regulations: The attached PUD Ordinance contains bulk standards that include frontage requirements and setbacks for front, rear and side yards. Maximum lot coverage for the building and paving in the industrial park will be 80 percent. While this figure may appear dense, the park offers significant open space along the drainage corridor that runs along Catfish Creek. A series of storm water detention basins will be constructed as part of the Industrial Park as well as the use of best management practices for storm water infiltration and extensive open space within the industrial park. Permeable Area ( %) & Location (Open Space): The ultimate percentage of permeable area will not be known until build -out of the industrial park is complete. However, approximately 100 acres will remain as open space because the land is in the existing floodplain of the Catfish Creek, drainage ways or recreational space. Landscaping /Screening: As each parcel is developed within the Industrial Park, landscaping will be required. Screening and landscaping requirements are stipulated in the attached PUD Ordinance. These regulations are the same as those adopted as part of the Dubuque Industrial Center West. Phasing of development: None. Planned District Staff Report- Dubuque Industrial Center South Page 3 Impact of Request on: Utilities: Sanitary sewer service to the Dubuque Industrial Center South will be provided by extending the existing interceptor sewer along the South Fork of the Catfish Creek to serve the proposed building sites. There is existing City water supplied to the Industrial Park that runs through Seippel Road. Storm water will be handled through multiple storm water detention basins as well as the use of best management practices for promoting infiltration of storm water. Storm water will eventually drain to the South Fork of the Catfish Creek. Traffic Patterns /Counts: The proposed industrial park will be served by the existing Seippel Road. Seippel Road is built with 37 -foot of paving within a 100 - foot right -of -way in this section. Seippel Road has an existing at -grade intersection with U.S. Highway 20. This at -grade intersection will be deleted and an interchange will be built as part of the construction of the Southwest Arterial. Based on 2009 IDOT Traffic Counts, Seippel Road carries approximately 1,630 average daily trips. 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 controls are practiced during all phases of grading and development of the industrial park. Adjacent Properties: The impact to adjacent properties will include an increase in vehicle trips on Seippel Road while surrounding property owners may experience increases in ambient light levels as new businesses and industries locate in the Dubuque Industrial Center South. CIP Investments: As previously noted, the extension of the South Fork sanitary intercept sewer will be done as part of the development of the industrial park. Staff Analysis: The City of Dubuque is requesting rezoning of the subject property from AG Agricultural to PUD Planned Unit Development with a PI Planned Industrial designation. The subject property comprises the last phase of the City of Dubuque's industrial development in this area of the community. The proposed industrial park will be called the Dubuque Industrial Center South and encompasses 172 acres. The subject property lies north and south of Seippel Road and west of Cousins Road. The proposed Dubuque Industrial Center South is in compliance with the master plan that was put together as part of the purchase of over 800 acres in the mid 1990s (attached). The proposed boundaries of the industrial park does deviate from the Planned District Staff Report- Dubuque Industrial Center South Page 4 master plan in that the areas shaded blue and labeled as Lots 29 through 36 are now under the ownership of the Fischer Companies. This property was deeded to the Fischer Companies as part of the City of Dubuque acquiring their property on the riverfront in the Port of Dubuque. Access to the building pads will be from Seippel Road or from a future cul -de -sac street shown on the conceptual plan. The proposed street will be built with 37 feet of paving within a 75 -foot right -of -way. Sidewalks will be constructed on both sides of the roadway as adjacent parcels are developed. The Dubuque Industrial Center South will be comprised of only two development zones — Zone D and Zone O. Zone D has the same list of permitted uses that were allowed in the Dubuque Industrial Center West. Zone 0 is applied to properties that will not be developed for industrial uses, and remain as open space or recreational areas. Zone 0 is also intended as an amenity to the industrial park, both as open space, recreational area, and an area used for the control and infiltration of storm water. The uses allowed in Zone 0 include parks, nature areas, playgrounds, and similar recreational uses and recreational facilities. Signage for Dubuque Industrial Center South will be the same as for the Dubuque Industrial Center West, except for the number of industrial center entrance signs is reduced from six to three. 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. Signage for industrial uses in Zone D is based on the light industrial sign requirements in the City's Unified Development Code. These regulations are the same as those in the Dubuque Industrial Center West Zone D. Variances requests from the sign requirements for size, number and height will be reviewed by the Zoning Board of Adjustment. This provision allows for some flexibility without the requirement to amend the entire PUD Ordinance The attached conceptual plan also serves as a preliminary plat. Subsequent final plats will be submitted to the City Council for approval as future parcels are subdivided and sold to new businesses. The open space areas of the industrial park will be developed with recreational amenities that are yet to be determined. However, as with the Dubuque Industrial Center West, a hike /bike trail system will be developed and will utilize the preserved flood plain area of the Catfish Creek as well as provide connections to surrounding building pads. The amenities will be maintained by the City and property owners within the industrial park. Planned District Staff Report- Dubuque Industrial Center South Page 5 Planning staff recommends the Zoning Advisory Commission review Section 5 -24.5 of the Unified Development Code which outlines plan approval standards for Planned Unit Development applications. Prepared by: Reviewed: zu/"` Date: /--3a' /3 CITY OF DUBUQUE, IOWA '� OFFICIAL NOTICE NOTICE, is hereby given that the Dubuque City Council will conduct public. hear- ings at a meeting to commenceat 6:30 p.m. on Monday, February 18, 2013, in' the Historic Federal Building, '350 West 6th Street, on the following: Rezonings Request from the City of Dubuque to rezone property located at 501 Seippel Road ( Lot 1 of 1 and Lot 1 of 2 South Fork Industrial Subdi- vision #1) from AG Agricultural District to PUD /PI Planned Unit Development with a Planned Industrial designation Request- from Mark Arthofer to rezone property located at 165 Westside Court from PC Planned Commer- cial to, CS Commercial Services 'sand Whole- sale District Copies of . supporting, documents for the •1 public he ring are on' file in the City Clerk's Office and may be viewed during normal working hours. Written comments regarding the above public hearing may be submitted to the City Clerk's Office on or before said time of public hearing. At said time and place of public hearing all interested citizens and parties will be given an opportunity to be heard for or against said rezoning. Any visual or hearing impaired persons need- ing special assistance or persons with special, accessibility needs should contact the City Clerk's Office at (563), 589=4100 TTY ^(5617 690 -6678 at least 48 hours prior to the meeting. Kevin S. Firnstahl City Clerk .1t 2/9 . STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: February 9, 2013, and for which the charge is $19.81. Pc% Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this /360 day of , 20 43 . otary Public in and or Dubuque County, Iowa. MARY K. WES rE.E Commis ion Number iS (Jack_ h_5(„Q th h IIIIIII!I!IIII!IIII!!IIIIIIIIIIIII!I!IIIllhIIIIIII!IIII!IIIIIIIIiiilliiiIi!iiii!ii1111►iii►ii Doc ID: 007947190018 Type: GEN Kind: ORDINANCE Recorded: 03/11/2014 at 02:03:29 PM Fee Amt: $92.00 Page 1 of 18 Dubuqy Iowa Kathynn uFlye nThurlow Recorder Fi1e2014_00002312 Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St Telephone: 589-4210 Return to: Kevin S. Firnstahl, City Clerk Address: City Hall- 50 W. 13th St Telephone: 589-4121 ORDINANCE NO. 2 -13 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES UNIFIED DEVELOPMENT CODE BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED NORTH AND SOUTH OF SEIPPEL ROAD AND NORTH OF U.S. HIGHWAY 20 FROM AG AGRICULTURAL DISTRICT TO PUD PLANNED UNIT DEVELOPMENT WITH A PI PLANNED INDUSTRIAL DESIGNATION FOR THE DUBUQUE INDUSTRIAL CENTER SOUTH. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is hereby amended by reclassifying the hereinafter described property from AG Agricultural District to PUD Planned Unit Development District with a PI Planned Industrial designation and adopting a conceptual development plan, a copy of which is attached to and made a part hereof, for the Dubuque Industrial Center South as stated below, to wit: Lot 1 of 1 and Lot 1 of 2 South Fork Subdivision #1, and to the centerline of the adjoining public right-of-way, 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 South 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. cke eicv IL IIIIIII!I!IIII!!IIII!!IIIII1IIIIIIII!IIIIIIIIIIIII!IIII!III!IIiiiii!!iiiiiiiiiii 111 1111 ilii Doc ID: 007947190018 Type: GEN Kind: ORDINANCE Recorded: 03/11/2014 at 02:03:29 PM Fee Amt: $92.00 Pape 1 of 18 Dubuque County Iowa Kathy 11Flynin ^Thurlow Recorder i Fe2014_00002312 Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St Telephone: 589-4210 Return to: Kevin S. Firnstahl, City Clerk Address: City Hall- 50 W. 13th St Telephone: 589-4121 ORDINANCE NO. 2 -13 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES UNIFIED DEVELOPMENT CODE BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED NORTH AND SOUTH OF SEIPPEL ROAD AND NORTH OF U.S. HIGHWAY 20 FROM AG AGRICULTURAL DISTRICT TO PUD PLANNED UNIT DEVELOPMENT WITH A PI PLANNED INDUSTRIAL DESIGNATION FOR THE DUBUQUE INDUSTRIAL CENTER SOUTH. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is hereby amended by reclassifying the hereinafter described property from AG Agricultural District to PUD Planned Unit Development District with a PI Planned Industrial designation and adopting a conceptual development plan, a copy of which is attached to and made a part hereof, for the Dubuque Industrial Center South as stated below, to wit: Lot 1 of 1 and Lot 1 of 2 South Fork Subdivision #1, and to the centerline of the adjoining public right-of-way, 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 South 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. RV' CuLi Cluf Dubuque Industrial Center South Ordinance No. 2 - 13 Page 2 A) Definitions 1) Building - related Features Building - related features are defined as all construction items which rise above the grade surface of the lot. These include: a) The primary building. b) All accessory or secondary buildings. c) All exterior storage areas. d) Exterior refuse collection areas. e) Exterior mechanical equipment. f) 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) Employee and visitor parking spaces. b) Driveways from the street right -of -way line to and from parking spaces. c) Loading spaces outside of the building. d) Maneuvering spaces outside the building. e) Parking spaces for company -owned commercial vehicles. f) Fire lanes. g) Railroad tracks 3) Open Space Features Open space features are defined as those exterior areas and developed features of the lot which include: a) Landscape space containing lawn areas and plantings. Dubuque Industrial Center South Ordinance No. 2 - 13 Page 3 b) Paved, hard - surfaced pedestrian areas such as walkways, plazas, entryways and courtyards. c) Storm water management facilities not otherwise used for building - related or vehicle - related purposes. d) Open recreation areas and recreational trail. e) Other non - building and non - vehicular related space. B. Use Regulations 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. b) Corporate offices. c) Mail order houses. d) Printing and publishing. e) Laboratories for research and engineering. f) Moving /storage facilities. g) Wholesale sales /distributor. h) Freight transfer facilities. i) Fuel and ice dealers. j) Cold storage /locker plants. k) Packing and processing of meat, dairy or food products, not to include stockyards or slaughter houses. I) Compounding, processing and package of chemical products. m) Manufacture, assembly, repair or storage of electrical and electronic products, components or equipment. Dubuque Industrial Center South Ordinance No. 2 - 13 Page 4 n) Warehousing and storage facilities, not to include mini - warehouses. o) Manufacturing, processing, fabrication, assembling, packaging or other comparable treatment of goods or materials. 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 regulations and requirements of Article 8 -20, Licensed Child Care Center, of the Unified Development Code. 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 Article 3 -19 and as defined in Article 2 -3 of the Unified Development Code. 5) The provision of off - street parking shall be regulated by Article 14 of the City of Dubuque's Unified Development Code. Zone 0: General Purpose and Description. Zone 0 is intended to serve as an amenity to the industrial park, provide public areas 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. b) Parks, nature areas, playgrounds and similar recreational uses. c) Picnic areas. d) Recreational trails. Dubuque Industrial Center South Ordinance No. 2 — 13 Page 5 e) Club houses, shelter houses, tennis courts, playground equipment, or other recreational buildings and structures when associated with parks, nature areas, playgrounds and recreational facilities. f) Construction of dams, reservoirs, detention ponds and similar storm water control facilities. 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 principle use it serves. 4) Temporary uses (reserved for future use). C. Lot Bulk Regulations Development of land in Zones D and 0 shall be regulated as follows: 1) All building structures and activities shall be located in conformance with the attached conceptual development plan and all final site development plans shall be approved in accordance with provisions of this ordinance and Article 12 of the Unified Development Code. 2) All building - related features in Zones D and 0 shall be in accordance with the following bulk regulations chart: 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. Minimum lot area in acres Lot frontage minimum feet Front yard setback minimum feet Side yard setback minimum feet Rear yard setback minimum feet Building height maximum feet Zone O N/A N/A N/A N/A N/A N/A Zone D 2 acres 100 50 25 50 100 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. Dubuque Industrial Center South Ordinance No. 2 -13 Page 6 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. 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 the required front yard setback. D. Parking and Loading Regulations 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 stripes or other permanent means. 3) The number, size and design of parking spaces shall be governed by applicable provisions in Articles 13 and 14 of the City of Dubuque Unified Development Code. 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. 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 raw and manufactured goods shall be designed to provide for the direct movement of goods between the delivery vehicle and the interior of the building. Dubuque Industrial Center South Ordinance No. 2 — 13 Page 7 E. Exterior Storage Regulations Exterior storage shall be in accordance with the following regulations: 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. 4) Exterior storage must be screened from view from adjacent public right - of -way. 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. Allowable Products Store Allowable Location Allowable Screening Materials Minimum Opacity Maximum Height of Screening Zone D Raw or finished goods; equipment Rear or side yards Similar to building color 50% 12 feet Zone 0 PROHIBITED 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. 4) Exterior storage must be screened from view from adjacent public right - of -way. 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. Dubuque Industrial Center South Ordinance No. 2 - 13 Page 8 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. F. 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. 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. All exterior trash collection areas and the materials contained therein shall be screened from view from 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. Dubuque Industrial Center South Ordinance No. 2 - 13 Page 9 G. Landscaping Regulations 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) Minimum tree planting requirements for any new development in the Dubuque Industrial Center South 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 diameter deciduous and /or 8 -foot height or greater evergreen. Balance: 1 1/2 - 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. Dubuque Industrial Center South Ordinance No. 2 - 13 Page 10 5) The developer of any lot fronting Seippel Road and /or other Public Streets shall participate in the planting trees compatible in species and spacing with tree plantings, which have previously been completed by the City along Seippel Road. 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) 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. 8) A detailed landscape plan shall be required as part of submittal for final site development plan approval. 9) The area between the'public street and the right -of -way line shall be planted with grass and maintained by the lot owner. H. Sign Regulations 1) Applicability of City of Dubuque Ordinances: The provisions of the City of Dubuque Unified Development code Article 15 Signs 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 South. • Entrance signs • Directory signs 2) Company primary signs: limited to identification of uses in Zone D. • Identification of company name Dubuque Industrial Center South Ordinance No. 2 — 13 Page 11 • Identification of company products or services • Graphic symbol or logo identified with the company 3) 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. Schedule of sign regulations: allowable structure type, size, number and height shall be limited to the following requirements: Type of Sign Maximum size Maximum Number Allowable Structure type Maximum Height* Industrial Center Entrance Signs 200 square feet per sign face Three (3) signs Monument 12 feet Industrial Center Directory Signs 30 square feet per sign face Three (3) signs Monument 8 feet Company Primary Signs 10% of building wall sign is mounted on or 400 total square feet of sign area, whichever is Tess. 2 signs per street frontage per business Wall- mounted Below eave or parapet 150 square feet per sign face 1 sign per business restricted to interior street frontages only Monument 10 feet Secondary signs 6 square feet per sign face No maximum number Wall- mounted 10 feet Monument 6 feet *The height of the monument -style signs shall be measured from average grade to top of sign structures. Dubuque Industrial Center South Ordinance No. 2 - 13 Page 12 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 Article 8 -6 of the Unified Development Code. 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 Tight 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. I. Maintenance Assessments 1) The City will cause the construction of such improvements as the City deems appropriate in the Public Areas of this PUD District shown on the Plan. Maintenance and repair of the Public Areas and its improvements is the responsibility of the City with fifty percent (50 %) of costs of such maintenance and repair assessed to and paid by the owners of property in this PUD District. Private connections to the Public Areas and the subsequent maintenance and repair of such private connections are the responsibility of each owner and may not be constructed without the prior written approval of the City. 2) The City will assess against the properties in this PUD District in each assessment year an annual assessment for the purpose of paying fifty percent (50 %) of the actual costs of the City's maintenance and repair of the Public Areas and the actual costs associated with maintaining and lighting the park entrance signs. Said assessment may also include the establishment of a capital improvements reserve fund for such purposes. Upon establishment of such assessment levy, the owner of each lot must pay to the City a pro rata share (as hereinafter defined) of such assessment. The owner waives any and all rights to further notice, to object to the assessments, the amount of the assessments, the procedure for certifying the assessments or to any other rights the owner would have as provided in Iowa Code Chapter 364 and Chapter 384 and that the schedule of assessments may be certified by the City to the Dubuque Dubuque Industrial Center South Ordinance No. 2 - 13 Page 13 County Treasurer for collection in the same manner as provided in Iowa Code Chapter 364 and Chapter 384. 3) If such pro rata share is not paid within thirty (30) days after its due date, the owner agrees that that amount of such pro rata share will become a lien upon the lot obligated to pay the same and will bear interest from the due date at the highest legal contract rate applicable to a natural person. The owner further agrees that the City may bring an action at law against any owner obligated to pay the same, or foreclose the lien against the lot. The owner agrees that the owner is also obligated to reimburse the City for the City's costs and reasonable attorney's fees of any collection efforts. The owner agrees that the owner may not waive or otherwise avoid liability for an assessment provided herein by non -use of the Public Areas or abandonment of a lot. 4) An owner's pro rata share is equal to a fraction, the numerator of which is the gross square feet area of the lot or lots owned by the owner and the denominator of which is the gross square feet area of all lots in this PUD District exclusive of the Public Areas and public rights -of -way. J. Performance Standards The development and maintenance of uses in this PUD District shall be established in conformance with the following standards 1) 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 Article 11. Land Subdivision, of the City of Dubuque Unified Development Code. 2) Site Plans: Final site development plans shall be submitted in accordance with Article 12 Site Plans and Article 13 Site Design Standards prior to construction of each building and vehicle - related feature unless otherwise exempted by Article 12. 3) 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 Engineering Department of the City of Dubuque. Other applicable regulations enforced by the City of Dubuque relative to storm water management and drainage shall apply to properties in the PUD District. Dubuque Industrial Center South Ordinance No. 2 - 13 Page 14 4) Noises: Noises generated within the PUD District shall be regulated by Chapter 33, Article IV, Noises, of the City of Dubuque Code of Ordinances. 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 Article 6 -4 of the Unified Development Code. 6) 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 any one 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. 7) Other Codes and Regulations: These regulations do not relieve an owner from other applicable City, County, State or Federal Codes, regulations, laws and other controls relative to the planning, construction, operation and management of property in the PUD District. 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 Article 9 -5 of the Unified Development Code. M. Recording A copy of this ordinance shall be recorded at the expense of the property owner(s) with the Dubuque County Recorder 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 3. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Dubuque Industrial Center South Ordinance No. 2 — 13 Page 15 Section 4. This Ordinance shall take effect upon publication as provided by law. Passed, approved and adopted this 18th day of February. Attest: :4,12 r.k,X4f2lo Kevin Firnstahl, C Jerk 2013. Roy D. Bu I, Mayor: OFFICIAL PUBLICATION ORDINANCE NO. 2-13 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES UNIF- IED DEVELOPMENT CODE BY RECLAS- SIFYING' HEREINAF- TER DESCRIBED PRO- PERTY LOCATED NORTH AND SOUTH OF SEIPPEL ROAD AND NORTH OF U.S. HIGHWAY 20 FROM AG AGRICULTURAL DISTRICT TO PUD PLANNED UNIT DEVELOPMENT WITH A P1 PLANNED INDUS- TRIAL DESIGNATION FOR THE DUBUQUE INDUSTRIAL CENTER SOUTH. NOW, THEREFORE, BE IT ORDAINED BY THE CITY - COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, is hereby amended by reclassifying the here- inafter described pro- perty from AG Agricultural District to PUD Planned Unit Development District with a PI Planned Industrial designation and adopting a con- ceptual development plan, a copy of which is attached to and made a part hereof, for the Dubuque Industrial Center South as stated below, to wit: Lot 1 of 1 and Lot 1 of 2 South Fork Sub- division #1, and to the centerline of the adjoining public right- of-way, all in the City of Dubuque, Iowa. Section 2. Attached hereto and made a part of this zoning reclas- sification approval is the Conceptual Devel- opment Plan for the Dubuque Industrial Center South. Planned Unit Development marked Exhibit A. It is recognized that minor -shifts or modifications to the general plan layout may be necessary and com- patible 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 re- quirements shall be from view from public used as the imple- " right -of -way. mentation guide. 1)' Principal permitted A) A. Definitions uses shall be limited 1) Building - related to: Features a) Railroad and public Building - related fea- or quasi- public utilities. tures are defined as all b) Corporate offices. construction items c) Mail order houses. which rise above the ' d) Printing and grade surface of the publishing. lot. These include: i e) Laboratories for a) The primary research and engi- building. neering b) All accessory or secondary' buildings. c) All exterior storage areas. d) Exterior refuse collection areas. e) Exterior mechan- ical equipment. f) Containerized or tank storage of liquids, fuels, gases and other materials. 2) Vehicle- related Features Vehicle - related fea- tures are defined as all I) Compounding, pro - areas used for the cessing and package of movement and parking I chemical products. of all vehicles within m) Manufacture, as- the lot. These include: , sembly, repair or a) Employee and storage of electrical visitor parking spaces. and electronic pro - b) Driveways from the ducts, components or street right -of -way line equipment. to and from parking n) Warehousing and spaces. storage facilities, not c) Loading spaces to include mini- ware - outside of the building. houses. d) Maneuvering 0) Manufacturing, spaces outside the processing, fabrica- building. tion, assembling, pack - e) Parking spaces for aging or other company -owned corn-, comparable treatment mercial vehicles. of goods or materials. f) Fire lanes. 2) Conditional uses g) Railroad tracks p shall be limited to the 3) Open Space following: Features a) Day care center, Open space features within a primary are defined as those office /industrial build- exterior areas and ing or as an accessory developed features of structure on the same the lot which include: lot. Day care centers a) Landscape space are subject to state containing lawn areas regulations and .re -_ and plantings. quirements of Article 8- b) Paved, hard- 20, Licensed Child Care surfaced pedestrian Center, of the Unified areas such as walk- Development Code. ways, plazas, entry- 3) Accessory uses ways and courtyards. shall be limited to the c) Storm water following: management facilities a) Retail outlets not otherwise used for (within a primary building- related or office /industrial build- !, vehicle - related pur- 1 poses. d) Open recreation areas and recreational trail. e) Other non - building and non- vehicular subordinate to the related space. principal use it serves. B. Use Regulations 4) Temporary uses Zone D: General' shall be limited to the Purpose and Descrip- following: tion. - Zone D is ' Any use listed as a intended to provide a_; permitted use within location for heavy ,the PUD District of a industrial uses..Exter -, limited duration as for storage is allowed, established in Article 3- provided it is screened _ 119 and as defined in f) Moving /storage facilities. g) Wholesale sales/ distributor. h) Freight transfer facilities. i) Fuel and ice dealers. j) Cold storage /locker plants. k) Packing and pro- cessing of meat, dairy or food products, not to include stockyards or slaughter houses. Article 2 -3 of the Unified Development Code. 5) The provision of off - street parking shall be regulated by Article 14 of the City of ' ' Dubuque's Unified • Development Code. Zone 0: General Purpose and Descrip- tion. Zone 0 is intended to serve as an amenity to the industrial park, provide public areas and control of storm water ing, selling products produced on -site and only as accessory to the principal use. b) Any use cus- tomarily incidental and STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: February 22, 2013, and for which the charge is $268.60. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this day of , 20 /3 . Notary Public in and for Dubuque County, Iowa. K. WEE T EFir. i:::.'. Legal Notices to protect downstream properties. 1) Principal permitted uses shall be limited to: a) Railroads and public. or quasi- public utilities. b) , Parks, nature areas, playgrounds and similar recreational uses. c) Picnic areas. d) Recreational trails. 1 e). Club houses, shelter houses, tennis courts, playground equipment, or other recreational buildings and structures when associated with parks, nature areas, play- grounds and recrea- tional facilities. f) Construction of dams, reservoirs,deten- tion ponds and similar storm water control facilities. 2) Conditional uses (reserved for future - use). 3) Accessory uses , -shall be limited to the following: a) Any use custo- marily incidental and subordinate to the principle use it serves. 4) Temporary uses (reserved for future use). C. Lot Bulk Regu- lations Development of land in Zones D and O•shall be regulated as follows: 1) All building struc- tures and activities shall be located in conformance with the attached conceptual development plan and all final site devel- opment plans shall be approved in accor- dance with provisions of this ordinance and Article 12 of the Unified Development Code. 2) All building - related features in Zones D and 0 shall be in accordance with the following bulk regula- tions chart: Minimum lot area in acres; Lot frontage minimum feet; Front yard setback mini- mum feet; Side yard setback minimum feet; Rear yard setback minimum feet; Building height - maximum feet Zone 0: N /A; N /A; N/A; N/A; N/A; N/A Zone D: 2 acres; 100; 50; 25; 50; 100 a) Lots smaller than minimum will be allowed if the parcel is consolidated or com- bined with a larger lot. Substations for public and quasi- public util- ities 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 'cal- culating 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, con- densers, elevator bulk- heads, stacks and other necessary mechanical equipment and their protective housing. Heating, venti- lating and air con- ditioning (HVAC) equip- ment is limited to 10 feet above height limitation. d) Within required front, side and rear setbacks, only drive- ways, fire lanes, railroad tracks, open space features and primary and secondary signage are allowed. Parking lots may encroach up to 50% into the required front yard setback. D. Parking and Loading Regulations 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 stripes or other permanent means. 3) The number, size and, design of parking spaces shall be governed by applicable provisions in Articles 13 and 14 of the City of Dubuque Unified Development Code. 4) The number, size and design and location of parking spaces designated for persons with' disa- bilities 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. • ' . 6) No on- street maneuvering of deli- very vehicles will be allowed on any street. Lots shall provide all necessary maneuver- ing space for delivery. vehicles within the boundaries of the lots. 7) All loading docks for shipping and receiving raw and manufactured goods shall be designed to provide for the direct movement of goods between the delivery vehicle and the interior of the building. E. Exterior Storage Regulations Exterior storage shall be in accordance with the following regula- tions: Allowable Products Store; Allowable Location; Allowable Screening Materials; Minimum Opacity; Maximum Height of Screening Zone D: Raw or finished goods; equip- ment; Rear or side yards; Similar to building color; 50 %; 12 feet Zone 0: PROHIBITED; PROHIBITED; PROHIB- ITED; PROHIBITED; PROHIBITED 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. 4) Exterior storage must be screened from view from adjacent public right -of -way. 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 equip -• ment 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 topo- graphy or height of individual finished pro - ducts or equipment could make• it impos- sible 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 en -. trances 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 mater- ials in semi - trailers or shipping containers is prohibited. F. 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, recy- clables, 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 stor- age 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. - 4) Exterior trash collection areas shall be located in rear or side - yards only. Exterior trash collec- tion 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 con- tained therein shall be screened from view from 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 out- side 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 signed parking spaces view from the adjacent and parking spaces ° public right -of -way, ` accessible to persons evergreen plantings " with disabilities. may be required in • Temporary an- addition to the . nouncements of pend- screening. Evergreen ing or new construc- plant materials shall be tion. selected and .designed . • Commemorative so that they will screen messages. the area from the b) Schedule of sign adjacent public right -of- regulations: allowable way within five (5) structure type, size, years. number and height G. Landscaping shall be limited to the Regulations following requirements: The following land- Type of Sign; scape regulations shall Maximum size; Max - apply to each lot: imum Number, Allow - 1) Plant Materials: able Structure type; The open space area of Maximum Height *, each lot shall be Industrial Center planted with derma- Entrance Signs; 200 nent lawn and ground square feet per sign covers, shrubs - and face; Three (3) signs; trees. It is the intent of Monument; 12 feet these regulations that Industrial Center the development of Directory Signs; 30 required open spaces square feet per sign shall reflect a high face; Three (3) signs; quality of environ- Monument;8 feet mental design. Company primary 2) Landscaping: The Signs: 10% of following is the building wall sign is minimum requirement mounted on or 400 of trees and shrubs, by total square feet of number and size, and sign area, whichever is the type of ground less. (1250 square feet cover required. Street per sign face); 2 signs trees planted in public per street frontage per •street right -of -way business (1 sign per shall not be counted business restricted to toward fulfillment of interior street front- the minimum site ages only); Wall - requirements set forth mounted (Monument); below. Plant species to Below eave or parapet be used for land- (10 feet) scaping shall - be in Secondary signs: 6 accordance with the square feet per sign City of Dubuque Street face; No maximum Tree Policy. Existing number; W a i l trees and shrubs to be mounted (Monument); retained on -site may 10 feet (6 feet). be counted toward *The height, of the fulfillment of the monument -style signs landscaping require- shall be measured ments. from average grade to a) Minimum tree top of sign structures. planting requirements b) Variances: Vari- for any new develop- ances from sign ment in the Dubuque requirements for size, Industrial Center South number and height shall be one (1) tree of may be requested. the following size per Such variances shall be 1 1,600- square feet of required open space: 40% minimum: 2-2 1/2" caliper diameter deci- duous and/or 8 -foot height or ,greater eVergreen. Balancer 1 '/z - 2" caliper diameter deci- duous and /or 6-foot height evergreen. b) °Minimum shrub I 'requirements at the 1 time of planting for any reviewed by the Zoning Board of Adjustment in accordance with Arti- cle 8 -6 of the Unified Development Code. • c) 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 mater- ials, or internally development in the illuminated by means . PUD District shall be 6 of a light source shrubs, or 1 shrub per completely' enclosed 1,000 square feet of by the sign panel. required open space,,, d) Motion: No signs Iwhich erii g Jaeater; 1 mayrtcludeany,device Shrubs shalt e ' a.'' o l means, mecliamcal, minimum of 18 height eectrical or natural, or; minimum' of one :(1) dvhich shall cause any ■gal'lon°potted` M motion of the sign . 3) Landscape berms ,panel, an y part and /or plantings shall thereof No ;flashing be+,requifed,as screen- lidl,its? -or changing ing for parking areas co or,s; ball,beallov,ed_ adjacent toh public tt amten'anee Ad's$ streets and Shall be a sessrpents ' • minimum of three, (3 ?'' ll •1) The Citty,will.cause feet in height and can •the construction of utilize natural ,grade such improvements as changes towachi Qethe thee.,, ; City ; • deems .req'i iiredr. d(1% op'acity appropriate in the landscaping ieieefi. Public Area of this Parking lot screening?is 1 P(JD D,istrict',shown on in addition to required the PI;an Maintenance; landscaping of open d repair ofthe'Public space areas:? A 4 eas and its 4) Trees shall be improvements is the provided in all parking responsibility ,; of • the lot islands,. which are , City .with tii ty ,percent of., sufficient size. to 056) of c}osts,of uch ensure the growthi,and ';maintenance ,and survival of the trees. • repailiassessed to and Trees planted in paid ,y the owners 'of - parking lot4siandsnmay property m ,this p41: be counted Ftdward the District Private con- minimum tree planting necrtio�ns "#o °ythe ,,P, ub,J(c requirements ' ` 'Areas' d: "the 5) The develop$r° f sub'5`e'qu`e'n "mainte- any lot fronting Seippel %nonce and repair of Road and /or - other. such private connec- Public Streets shall tions are the participate „ in ,the responsibility, of 'each planting trees corn owner and may not be patible in species and constructed without spacing with tree the prior written plantings, which have approval of the Qity,- • -previously been com- 2) The City will assess pleted by the City against the properties along Seippel Road in this PUD District in 6) The installation of each assessment year. required plafiting ma- an annual assessment terials may bepha5ed for the jYUrposee of in direct pro`pgition4o paying fi percent the phasing',ofti iilding (50 %) of 'actli,a1 construction. Required • costs 61'1' " he City's landscaping shall be maintenance, and installed by the date repair of the Public the Building Services Areas and the actual •Department issues an costs associated with occupancy, certificate, maintain4ng and light- or If winter'1zweath'er ng` the park` entrance preventsplanting with- signs ,Said alssessment in six months of being may also mclude'the issued an occupancy estab,l shment ,, of, a 1 certificate, ' + cacti -dll x improyeements 74,f tie lot owner is reserve g9 for such ' required to replantafi f purpos' DgOei estab- - and all plant materials lishment of such which have died due tc>, assessment levy, the any cadge' during the owner of each lot must effective period of this pay to the City a pro PUD Ordinance rata share (as, 8) A detailed land- hereiinafter defined) of scape plan shall be 1 such assessment required:„ as part of ,The 'Owner waives any submittal for final site and all rights to further developmept, plan ap- notice, to object to the proval: assessments,.. the 9) The area between amount of the 'assess- the public street and ments1the procedure the right -of -way line for certifying the shall be planted with assessments of to any grass and maintained other rights the owner by thelot owner. would have as H. Sign Regulations provided in Iowa Code 1) Applicability of City Chapter 364 and of Dubuque Ordi- Chapter 384 end that nest the" pr shy , s te; ,'i scfredbre of ,#he:Ggty.of Die mes nfroio rsbe Unified .„.Development certifed..by,.the City to.. code Article 15 Signs the Dubuque • County shall .apply unless Treasurerforcolleetion further re n. elated x by ih the - samenn'as thissectie r. provided" in low,a Go 2) Off P��eemite Sign's: Chapter, 364 and': nff v-dr■i: -1n. c,aa,_ area of all lots in this , PUD District exclusive of the Public Areas and public riglits- of -way- .1. Performance Stan- dards The development and maintenance of uses in this PUD District shall be established in conformance with the following standards .1) Platting: The con- ceptual development plan shall serve as the preliminary plat for this PUD District. Subdivision plats and improvement plans shall be submitted in accordance with Arti- cle 11. Land Subdivi- sion, of the City of Dubuque Unified Devel- opment Code. 2) Site Plans: Final site development plans shall be submitted in accordance with Arti- . cle 12 Site Plans and Article 13 Site Design Standards prior to construction of each building and vehicle - related feature unless otherwise exempted by Article 12. 3) Storm Water Con- veyance: The develop- er of each lot shall be responsible for pro- viding surface or sub- surface 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 Engineering Depart- ment of the City of Dubuque. Other poll- , cable regulations en- forced by the City of Dubuque relative to storm water manage- ment and drainage shall apply to properties in the PUD District. 4) Noises: Noises gen- erated within the PUD District shall be regulated by Chapter 33, Article IV, Noises, of the City of Dubuque Code of Ordinances. 5) Flood Plain Regula- tions: The area' of the PUD District that lies Within the flood plain of Catfish Creek shall be _ st(bject to the regulations of Article 6- 4 of the Unified Development bode. 6) Phased construc- tion of buildings and parking spaces; The construction of off- street parking spaces may be phased in proportion to the percentage of total builging floor area _ constructed at any one time. Ground area set aside for,`.future park- ing, loading spaces' or driveupays. ;7 bdrr for partung ,.pro�v4ded in e cess of, a rni r}Ijum required ; "�nurrlbe -of parking spaces' shall not reduce the minimum required area for open space. 7)' Other Codes and Regulations:These reg- ulations'•do not relieve an owner from other applicable City, County,; State or Federal';C.odes,'regula- tions laws and other ,controls felatj le to the ,plannping,,cgrdsttliec n, •operation; and- manage- ment of'property in the PUD District. . , twofer ,ef hfers i Transfer of ownership or lease of property in this PUS District shall include in the transfer or lease agreement a provision tat the purchaser or. lessee acknowledges aware- ness of the conditions authorizing the estab- lishment of the district. L Modification's Any modifications of this Ordinance must be approved by the City Council in accordance with zoning reclass- ification proceedings of Article 9 -5 of the Unified' Development Code. M .Recording A' copy of this ordinance, shall be recorded.,, the ;expensq ; of' the pro - , perty ow■rCs)'. with the ' Dubuque County gecorder a perrpianent ?record ,of they Con- ditions accep`jed .''as 'part of this'reclass- ification approval with - in ten (10) days after the adoption of this ordinance, This ordi- nance shall be binding upon the undersigned and his/her heirs, successors and as- signs. Section ':3. The foregoing • amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 4., This `Ordinance' shall' take effect upon publication as provided by law. Passed' approved, and 4.360,111id.--this,,-_18th. day of, February 2013- - Roy D. Buol, ltlayor- Attest Kevin S. Hirgstahl,.City Clerk Pub, iiished in the Telegragh,Herald news- 'V '-JIG I., VVVJIGI IJ. nt any and all plant materials required to repla which have died due to any cause during the effective period of this PUD Ordinance. 8) A detailed land- scape Alan shall be required: as part of submittal for final site development plan ap- proval. 9) The area between the public street and the right -of -way line shall be planted with grass and maintained by the lot owner. H. Sign Regulations 1) Applicability of City of Dubuque Ordl- nancest`The hrovkions QCf�ie ty Qt -Dui Ue Unified Development code Article 15 Signs shall apply unless further regulated, by this section' -- 2) Off- Piemise; Sign: Off premise signs shall be prohibited. 3) On- Prernise,Signs: On- premise signs shall be erected 'or 'con- structed 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 Iden- tification of Dubuque Industrial Center South. ' • Entrance signs • Directory signs 2) Company - prim/ signs: • limited to identification of.uses in Zone D, • Identification of company name • identification of company products or services • Graphic symbol or logo Identified wl,th the company 3) Secondary signs: Allowable In all zones. • Street address. Directional mess - ages necessary for the safe and efficient flow of yyeghicular- and pedestrian traffic : on the lot. • 'Identification df visitor entrances to. the building, shipping and receiving docks - and other delivery points. • Identification pf as- I e efve W11u lur, cn ppurposes. Upon es b- • lishment of such >' assessment levy, the . owner of each lot must pay to the City a pro rata share (as ttere(nafter defined) off spoil assessment, The owner waives any and all rights to further notice, to object to the assessments, c the • amount of the assess - ments, {the procedure for cgrtifying the assessments or to any other rights the owner would have as provided in Iowa Code Chapter 364 and Chapter 384 and that ttj( F 94h8dUie + =asj ss Dts,.,tgali.- .be certified ".by the City to the Dubuque County Treasurer for co�lleection Iti'the s miTtrwnn( r' as provided In'lowa goods Chapter 364 and Chaptee38 ' 3) If such pro rata sha o is pot-paid within - thirty. (30Y,?days after . „1 }s dtie date; the owner agrees that that amount of • such pro 'rata share will become a lien upon , the lot obligated to pay the same and will bear interest from the due date, at the highest legal contract; :-",rate • applicabidto a natural person. The owner further agrees that the City may bring an action at law against any owner obligated to pay the same, - or foreclose - the lien against the lot, The owner agrees that the owner is also obligated to reimburse the City for the City's � costs and reasonable attorney's fees of any collection efforts, .. The owner agrees that the owner may not wah7e , or otherwise:. avoid liability for an assessment provided herein ; by non -use, of the Public Areas or abandonment of a lot. , 4) An owner'sc pro rata share is 'equal to a ' fraction, the numerator of which Is the gross square feet area of the lot or lots owned by the owner, and the denominator of which is the gross square feet , unions accep e4 as part of this " eclass- ification approval with- in ten (10) days after the . adoption of this ordinance. This ordi- nance shall be binding upon the undersigned and his /her heirs, spccessors and as- signs. Section 3. The foregoing - amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 4,, This Ordinance shall take effect upon publication as provided by laW -, Pass4d, approved; and adoptedd -t1$th =clay of. February, 2013, Roy D, Buol, Mayor: Attest: Kevin S. Fjrnstahl, -City Clerk Published:: In the Telegraph,Herald news- paper on the 22nd day of February 2013. /s /Kevin S. Firnstahl, City Clerk 112/22 •