Zoning Asbury Plaza - W. Corey, Motor City
Planning Services Department
City Hall
50 West 13th Street
Dubuque, Iowa 52001-4864
(563) 589-4210 office
(563) 589-4221 fax
(563) 690-6678 TDD
planning@cityofdubuque.org
.-
THE CITY OF C_ ""\
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May 8, 2006
The Honorable Mayor and City Council Members
City of Dubuque
City Hall- 50 W. 13th Street
DubuquelA 52001
Applicant:
Location:
Description:
Wendell Corey, Motor City LLC
North of Asbury Plaza Shopping Center, Dubuque County
To rezone property from County AG Agricultural District to City PUD Planned
Unit Development with a PC Planned Commercial designation in conjunction
with annexation to the City of Dubuque.
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
The applicant spoke in favor of the request, reviewing the area to be rezoned and that the
proposed PUD has the same regulations as the portion already within the corporate limits.
Staff reviewed the proposed utility extensions and continuation of Plaza Drive. Staff reviewed
the proposed stubbed street to the west and location of adjacent property to be annexed.
There were no public comments.
The Zoning Advisory Commission discussed the request, reviewing traffic circulation in this area
of the City, truck routes and regulations of the proposed PUD.
Recommendation
By a vote of 7 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,
M~
Jeff Stiles, Chairperson
Zoning Advisory Commission
cc: Gus Psi hoyos, City Engineer
Bob Green, Water Department Manager
Service
People
Integrity
Responsibility
Innovation
Teamwork
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atv of Dubuque
Planning Services Department
Dubuque, IA 52001-4864
Phone: 563-589-4210
Fax: 563-589-4221
PLANNING APPUCATION FORM
o Variance
DConditional Use Permit
DAppeal .
DSpeciaI ExceptiOn
Dumited Setback Waivfs
DRezoning
lii:lPlanned District
L!Preliminary Plat
DMlnor Anal Plat
[]Text Amendment
DSimple Site Plan
DMinor Site Plan
o Major Site Plan
o Major Anal Plat
DSimple Subdivision
~nexation
Dfemporary Use Permit
DCertlficate of Economic Non-Viability
DCertlficate of Appropriateness
DOther:
Please tvoe or orint leaiblv in Ink
Property owner(s): _M~ t:IIY L-- L-- U Phone:~??O
Address: _f!?-v 0?7. "1Ber Me:atv: ~r.Jl'f- State:~ Z1p:~
Fax Number. z,. - "? Mobile/Cellular Number. 0 7.-. ~
Applicant/~ \tJ~~De-l:.d...... W. r fll2' F.j Phone: ~:~,350
Address: f:/t0V? TA-Pf ~-e.. Oty:~rJ"(ftate:IA:.Z1P: So4gI
Fax Number:. - Z. - Mobile/Cellular Number: -?o - 2.b 7f'
Site I~ f7~ ~~.h t-J6'~ ~~F-i ~ ~?A
Existing zoning:..Ab. proposed zoning: .f;D Historic DIstrict: - landmarlc -
~I Desoiption (SidweI. IparcellD# or lot numberfblod< number/subdivision):....21""'--f p,(" ~,::
f:.I.-: ~~4 iC:.z.e. ~'1i N-e.. - 1AJ,f\.LJ: :~~ rz: z.e:: ~ 111- N.\N~_
~~~p l)\1IW - f-;-QU=~N~l4dA~ - 80 A'3::-'
Desaibe proposal and reason necessary (attach a letter of explanation, if needed).:,.. -r.--, "-1.nP:Tll
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CERTIFICATION: !/we. the undersIgned, do hereby certify that:
1. The informaljon submitted herein is true and (X)ITeCt to the best of my/our knowledge and upon
submittal becDITleS public record;
2. Fees are not refundable and payment does not guarantee approval; and
3. All adcitiOnal required written and graphic materials are attad1ed.
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Date:
-.elate:
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Property ~
Fee: Received by:
DSite/skelI:h plan 0 Con<:EPtuaI opment Plan
Dlmprovement plans Deesign review project desoiptlon
nON SUBMITTAL CHECKUST
~.rJ6 Docket:
Dphoto Dplat
DAoor plan DOther:
MOTOR CITY LLC
825 s. TAFT AVE. * MASON CITY, IOWA 50401-7:345
TEL: (641) 424-3330 FAX: 421-7733
coreybis@yahoo.com
March 6, 2006
Planning Services Department
City Mall
50 West 13th Street
Dubuque IA 52001-4864
Re: Request for Annexation of 80 acres to the City of Dubuque; and an Extension of
the Existing Planned District Zoning on this 80 acres.
Dear Planning Department:
As of March 10 the entire 80 acres will be owned by Motor City LLC represented by
Wendell W. Corey. Mr. Corey has previously been involved in the development of
Asbury Plaza, and is please to continue working with the City of Dubuque for further
development in this area of the City.
The legal description of the 80 acres is: ( see attached GIS map for location.)
1). W 'I, of the NW v.. of the NE v.. of Section 17, Township 89 North, Range 2
East. - 20 acres.
2). E 'Iz of the NW v.. of the NE v.. of Section 17, Township 89 North, Range 2
East. - 20 acres.
3). NE v.. of the NE ',4 of Section 17, Township 89 North, Range 2 East. - 40
acres.
Planning Application Form is being submitted concurrently with this Request for
Annexation so that they can be processed together.
We look forward to a continuing good relationship in working with the City Staff.
Please contact me if you have any questions at any time.
Sincerely,
~~::~
Manager
c: GIS Map.
Application check for $2,000.00.
PLANNED DISTRICT STAFF REPORT
Zoning Agenda: May 3, 2006
Project Name: Asbury Plaza Business Park
Property Address: Northwest of Plaza Drive
Property Owner: Motor City, LLC
Applicant: Wendell W. Corey
Proposed Land Use: Commercial
Proposed Zoning: PC
Existing Land Use: Vacant
Existing Zoning: County A-1
Adjacent Zoning: North - County A-1
East - County A-1
South - PC
West - County A-1
Adjacent Land Use: North - Agricultural
East - Vacant
South - Commercial
West - Agricultural
Flood Plain: Yes
Total Area: 80 Acres
Water: No
Existing Street Access: Yes
Storm Sewer: No
Sanitary Sewer: No
Previous Planned District: N/A
Purpose: The requested rezoning is to facilitate expansion of the Asbury Plaza
Business Park, including extension of the public street, Plaza Drive, to the northwest.
Property History: The subject property has been used for agricultural uses since the
settling of this area.
Physical Characteristics: The subject parcel is located north of Asbury Plaza and
Asbury Plaza Business Park and is characterized by rolling topography. The subject
property generally drains to the northwest.
Conformance with Comprehensive Plan: This request implements the
Comprehensive Plan's Land Use Element: Goal 1.5, 2.2, 6.1, 7.2, 9.1, 9.2,10.2,10.6.
Staff Analysis:
Streets: The proposed area for rezoning includes extension of Plaza Drive. Plaza
Drive is a city street that intersects with the Northwest Arterial and runs in a
northwest direction through Asbury Plaza. The roadway is being constructed as a
Planned District Staff Report - Asbury Plaza Business Park Extension Page 2
collector street that is designed to carry a large volume of traffic from a portion of
the City to another.
Sidewalks: All streets within the Asbury Plaza Business Park are built to City
standards which includes sidewalks on either side of the street.
Parking: Off-street parking will be provided on each lot as per City of Dubuque
Zoning Ordinance requirements.
Lighting: New outdoor lighting in the business park will utilize cutoff luminaries to
minimize the impact on lighting on surrounding properties.
Signage: Signage will be regulated as per the previous adopted PUD Ordinance
for Asbury Plaza Business Park.
Bulk Regulations: C-3 General Commercial standards shall apply except the
following:
1) Maximum lot coverage shall be 85%.
2) Parking lots shall be set back 10 feet from adjacent street right-of-ways.
Permeable Area (%) & Location (Open Space): Permeable area will be provided
on each lot as it is developed. Storm waster detention shall be provided as per
City regulations.
Landscaping/Screening: Landscaping and screening shall be completed as each
lot is developed and shall follow the requirements of the City of Dubuque Zoning
Ordinance.
Phasing of development: None proposed.
Impact of Request on:
Utilities: The applicant has been working with the City to plan the extension of
City utilities. City water will be extended along the right-of-way of Plaza Drive and
City sanitary sewer will be provided with a combination of lift stations, force mains,
and gravity flow sewers.
Traffic Patterns/Counts: The development will be served by an extension of Plaza
Drive, a public street built to the City's collector street standard of 37-foot of
paving and 50-foot of right-of-way.
Public Services: Existing public services are adequate to serve the site.
Planned District Staff Report - Asbury Plaza Business Park Extension Page 3
Environment: Staff does not anticipate significant impact to the environment
provided adequate erosion control is provided during all phases of development,
and that storm water control is provided in a manner consistent with City of
Dubuque regulations and policies.
Adjacent Properties: Adjacent properties will experience an increase in ambient
light level as well as additional traffic on surrounding roadways.
CIP Investments: The City of Dubuque will be working with the applicant to
extend City services in this area to facilitate development of the Asbury Plaza
Business Park as well as property owned by John and Sally Jo Herrig.
Staff Analysis: Motor City LLClWendell W. Corey is requesting rezoning of the subject
80 acres from County A-1 Agricultural District to City of Dubuque PUD Planned Unit
Development with PC Planned Commercial designation in conjunction with annexation
to the City of Dubuque. The subject property lies immediately north of the existing
Asbury Plaza Business Park, which was previously approved by the City Council in
2005.
The proposed rezoning to PC is an expansion of the existing Asbury Plaza Business
Park. The proposed 80 acres will be developed for a mixture of commercial land uses.
The 80 acres is comprised of three existing lots that will be further subdivided to provide
building lots for new commercial businesses. The subject area will be served by an
extension of Plaza Drive, which currently intersects with the Northwest Arterial at the
north end of Asbury Plaza Shopping Center. Additional city streets will be constructed
to serve the new commercial lots, all of which will be built to City of Dubuque street
standards.
The developer has been working with the City of Dubuque and an adjacent land owner
to coordinate extension of City services to serve the proposed development as well as
property owned by John and Sally Jo Herrig to the north. The Herrigs' property is part
of another annexation/rezoning request that the Commission is reviewing at their May
3n:1 meeting.
The Zoning Advisory Commission will see this project again as plats are submitted for
the extension of City streets and utilities and the platting of the commercial properties.
The extension of Plaza Drive northward to Derby Grange Road is an important street
connection to provide a network of streets to distribute vehicle traffic in this area of the
community. Included in the Zoning Advisory Commission packet is a large aerial photo
with Asbury Plaza and Asbury Plaza Business Park superimposed on the photograph.
It shows Hales Mill Road to the west, John F. Kennedy Road to the east, and Plaza
Drive approximately heading up the middle of the area formed by this roadway network.
John F. Kennedy Road was recently reconstructed within the City of Dubuque.
Dubuque County resurfaced John F. Kennedy Road all the way down to its intersection
Planned District Staff Report - Asbury Plaza Business Park Extension Page 4
with the Northwest Arterial. Plaza Drive will be constructed to City Collector Street
standards with sufficient right-of-way to allow for its future expansion for additional
lanes, when needed. In addition, the Northwest Arterial has been included in the
corridor study being conducted by the IDOT that includes both U.S. Highway 20 and the
Northwest Arterial Corridor from U.S. 20 to U.S. Highway 52. The new developments
occurring in this quadrant of the community have been and will be included in the study
being conducted by the IDOT.
Planning staff recommends that the Zoning Advisory Commission review the submitted
rezoning request based on the criteria established in Section 3-5.5 of the Zoning
Ordinance that establishes criteria for the review of PUD requests.
Prepared by: ~ /r Reviewed: ~.4
Date: ~2"'-o.b
Prepared by: Laura Carstens. CitY Planner Address: 50 W. 13th St.. CitY Hall Telephone: 589-4210
Return to: Jeanne Schneider. CitY Clerk Address: 50 W. 13th SI.. CitY Hall Telephone: 589-4120
ORDINANCE NO.
-06
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF
THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING
HEREINAFTER DESCRIBED PROPERTY LOCATED NORTH OF PLAZA DRIVE
FROM COUNTY A-1 AGRICULTURAL DISTRICT TO CITY OF DUBUQUE PUD
PLANNED UNIT DEVELOPMENT DISTRICT WITH A PC PLANNED
COMMERCIAL DESIGNATION AND ADOPTING A CONCEPTUAL
DEVELOPMENT PLAN CONCURRENT WITH ANNEXATION FOR MOTOR
CITY, LLC..
Whereas, Motor City, LLC, property owner, has requested rezoning
concurrent with annexation to the City of Dubuque in accordance with Section 2-3
of Appendix A (Zoning Ordinance) of the City of Dubuque Code of Ordinances;
and
Whereas, this request has been found to be consistent with the
Comprehensive Plan and Future Land Use Map of the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque
Code of Ordinances is hereby amended by reclassifying the hereinafter-described
property from Dubuque County A-1 Agricultural to City of Dubuque PUD Planned Unit
Development with a PC Planned Commercial designation, and adopting a conceptual
development plan, a copy of which is on file with the City of Dubuque Planning Services
Department, for property legally described to wit:.
West Y. of the NW Y. of the NE Y. of Section 17, Township 89N, R2E, east Y. of
the NW Y. ofthe NE Y. of Section 17, T89N, R2E; Northeast Y. ofthe NE Y. of
Section 17, T89N, R2E, and to the centerline of the adjoining public right-of-way,
all in the City of Dubuque, Iowa.
Ordinance No. -06
Page 2 of 11
Section 2. Pursuant to Iowa Code Section 414.5 (2005) and as an express
condition of this zoning reclassification, the undersigned property owner(s) agree to the
following conditions, all of which the property owner further agrees are reasonable and
imposed to satisfy the public needs that are caused directly by this 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. 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 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 space and driveways to and from loading spaces.
e. Parking spaces for company-owned commercial vehicles.
f. Fire lanes.
3. Open space features: Open space features are defined as those
exterior areas and developed features of the lot. These include:
a. Landscape space containing lawn areas and plantings.
b. Paved, hard surfaced pedestrian areas such as walkways, plazas,
entryways and courtyards.
c. Surface storm water detention areas not otherwise used for
building-related or vehicle related purposes.
d. Open recreation areas and recreation trail.
e. Other non-building and non-vehicular related space.
Ordinance No. -06
Page 3 of 11
B. Use Regulations
The following regulations shall apply to all land uses in the above-described
PUD District:
1. Principal permitted uses shall be limited to:
a. Retail sales/services [17J
b. General office [14J
c. Indoor restaurant [20J
d. Drive-in/carry-out restaurant [28J
e. Gas station [18J
f. Bank/savings and loans and credit unions [31 J
g. Indoor recreation [37J
h. Schools of private instruction [4J
i. Self-service car wash [8J
j. Full-service car wash [8J
k. Outdoor recreation [37J
I. Auto sales and service [38J
m. Auto service centers [34J
n. Auto repairlbody shop [35J
o. Motorcycle sales/service [41J
p. Truck sales/service/repair [39J
q. Recreation vehicle sales/service [38J
r. Business services [29]
s. Office supply [19]
t. Lumberyardslbuilding material sales [19J
u. Construction supplies, sales and service [19]
v. Moving/storage facilities [33]
w. Contractor shop/yard [33]
x. Wholesale sales/distributor [29]
y. Warehousing and storage facilities [33J
z. Freight transfer facilities [44]
aa. Agricultural supply sales [19]
bb. Mini-warehousing [47J
cc. Processing or assembly [33J
dd. Landscaping services (not including retail sales as primary use)
[29J
[] Parking Group - see Section 4-2 of the Zoning Ordinance
2. Conditional uses shall be limited to the following:
Ordinance No.
Page 4 of 11
-06
a.
Day care center, within a primary office/commercial building or as
a stand-alone structure. 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, barltavem, automated gas
station or any facility selling servicing, repairing or renting
vehicles.
7. The parking group requirements can be met [8].
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
waste 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 3-2.4; 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
Ordinance No. -06
Page 5 of 11
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 any use customarily incidental and
subordinate to the principal use it serves.
4. Temporary uses shall be limited to 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.
C. Lot and Bulk Regulations
Development of land in the PUD District shall be regulated as follows:
1. All building-related features shall be in accordance with the following lot
and bulk regulations:
a. Maximum lot coverage shall be limited to 85% of the total lot area.
All building and vehicle-related features shall be considered when
calculating total land coverage.
b. Maximum building height shall be 60 feet, except the following
may exceed the height limit: cooling towers, condensers, elevator
bulkheads, stacks and other necessary mechanical equipment
and their protective housing. HVAC equipment is limited to 10
feet above 60 feet limitation subject to the provisions of adequate
screening.
c. Setbacks for buildings shall be as established for the C-3 General
Commercial District, set forth in Section 3-3.3 of the Zoning
Ordinance.
d. Parking lots fronting on a public or private street(s) shall be set
back ten (10) feet from the adjacent right-of-way(s).
D. Parking Regulations
1. All vehicle-related features shall be surfaced with either asphalt or
concrete.
2. Curbing and proper surface drainage of storm water shall be provided.
Ordinance No.
Page 6 of 11
-06
3.
All parking and loading spaces shall be delineated on the surfacing
material by painting stripes and other permanent means.
No on-street parking shall be allowed on streets within this PUD.
The number, size and design of parking spaces shall be govemed by
applicable provisions of City of Dubuque Code of Ordinances in effect
at the time of development of the lot.
The number, size, design and location of parking spaces designated for
persons with disabilities shall be according to the local. state or federal
requirements in effect at the time of development of the lot.
The location and number of private driveway intersections with public
streets shall be established by the City of Dubuque.
4.
5.
6.
7.
E. Landscaping Regulations
1. Plant Materials: The open space area of each lot shall be planted with
permanent lawn and ground covers, such as 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. The
following provisions shall apply to each lot.
a. Landscape plans are required as part of submittals for site plan
review. Landscape plans are to include type, number and size of
proposed plantings. As a minimum, the submitted landscape plan
should include the following:
1. For every one (1) acre of lot size, four (4) trees shall be
required with a minimum of eight (8) trees required for lots
two (2) acres or less. Each required tree shall be at least 1
% -2" caliper diameter deciduous and/or six foot high
evergreen at planting.
2. Parking areas located adjacent to right-of-way shall be
screened with a combination of trees, shrubs or berms to
provide a landscape screen of 50% opacity and three feet in
height within three years of planting.
2. All exposed soil areas remaining after the construction of building and
vehicle-related features shall be planted with a permanent ground
cover to prevent erosion. Within one year following completion of
construction, or by the date that a building is issued an occupancy
certificate by the Building Services Department of the City of Dubuque,
whichever occurs first, required landscaping shall be installed.
Ordinance No.
Page 7 of 11
-06
3.
The owner shall replant any and all plant materials which have died due
to any cause during the effective period of this PUD Ordinance.
F. Sign Regulations
1. The provisions of Section 4-3 (Sign Regulations) of the Zoning
Ordinance shall apply unless further regulated by this section.
2. Wall-mounted signs:
a. Total aggregate square footage of wall-mounted signs is based on
15 percent of the front building wall area. Corner lots shall be
allowed additional aggregate square footage based on five
percent (5%) of the side building wall area.
b. Number of signs: Maximum four (4) per building. No more than
three (3) building walls shall have wall-mounted signs.
c. Below eave or parapet.
3. Freestanding signs:
a. Total allowed square footage: 100 square foot
b. Maximum number: 1
c. Maximum height: 25 feet
4. Variance requests from sign requirements for size, number and height
shall be reviewed by the Zoning Board of Adjustment in accordance
with Section 5-3 of the Zoning Ordinance.
5. 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.
6. Motion: No signs may include any device or means, mechanical,
electrical or natural, which shall cause motion of the sign panel or any
part thereof. No flashing lights or changing colors shall be allowed.
G. Performance Standards
The development 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:
Ordinance No. -06
Page 8 of 11
1. Site Lighting:
a. Exterior illumination of site features shall be limited to the
illumination to of the following:
1. Parking areas, driveways and loading facilities.
2. Pedestrian walkway surfaces and entrances to the building.
3. Screened storage areas.
4. Building exterior.
b. Location and Design:
1. All exterior lighting shall be designed, installed and
maintained so as not to cause glare or to shine into adjacent
lots and streets.
2. All exterior lighting luminaries shall be designed and
installed to shield light from the luminaire at angles above
72-degrees from vertical.
3. A lighting plan shall be included as part of the site plan
submittals that indicates types of lights used and ground
light pattern for lighting of building and parking-related
features.
4. Fixtures mounted on a building shall be positioned no higher
than the roofline of the building.
5. Wooden utility-type poles are acceptable only for temporary
use during construction.
6. All electrical service lines to posts and fixtures shall be
underground or concealed inside the posts.
2. Utility Locations:
a. Service lines: All electrical, telephone, cable and other similar utility
lines serving the building and other site features shall be located
underground.
b. Mechanical Equipment: All air conditioning units, heat pumps and
other similar mechanical equipment, not including roof-mounted
mechanical equipment shall be screened from view. Mechanical
equipment shall be screened in such a manner that it will appear to be
an integral part of the building's overall architectural design. Wooden
Ordinance No. -06
Page90f11
fencing of at least 50% opacity, masonry walls or plantings may be
used to visually screen mechanical equipment.
c. Exterior trash collection area shall be located in rear or side yards only.
d. All exterior trash collection areas and the materials contained therein
shall be visually screened from view. The screening shall be wood or
masonry fence, wall or other feature not exceeding a height of seven
(7) feet measured from the ground level outside the line of the screen.
Screens built on sloping grades shall be stepped so that their top line
shall be horizontal. All exterior entrances to a screened trash area
shall be provided with a gate or door of similar design to that of the
screen unless located in a service area not visible to the general public.
If a seven-foot high screen fails to shield the exterior trash collection
area from view from points inside or outside of the property, 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 all off-site visibility within five years.
4. Other Codes and Regulations:
a. Outdoor sales are regulated through the temporary use permit process.
b. The use of semi-trailers and shipping containers for storage is
prohibited.
c. Operations within enclosed buildings: All operations and activities shall
be conducted within completely enclosed buildings, except: (1) off-
street parking and loading; and (2) recreation facilities.
d. These regulations do not relieve the owner from other applicable city,
county, state or federal codes, regulations, laws or other controls
relative to the planning, construction, operation and management of
property within the City of Dubuque.
H. 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 and agrees to comply with the conditions authorizing
the establishment of the PUD District.
I. Modifications
Ordinance No. -06
Page 10 of 11
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.
J. Recording
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 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.
Section 4. This ordinance shall take effect immediately upon publication, as
provided by law.
Passed, approved and adopted this
2006.
day of
Roy D. Suol, Mayor
Attest
Jeanne F. Schneider, City Clerk
ACCEPTANCE OF ORDINANCE NO.
-06
I, Wendell Corey, representing Motor City, LLC, property owner, having read the
terms and conditions of the foregoing Ordinance No. -06 and being familiar
with the conditions thereof hereby accept the same and agree to the conditions
required therein.
Dated this
day of
2006.
By:
Wendell Corey
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