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Dubuque Initiatives - Horsfield withdrawl from amend to DIC PUD David L. Clemens Jeffrey L. Walters Jennifer A. Clemens-Conlon Sarah E. Stork Meyer Attorneys at Law 2080 South park Ct. Dubuque, IA 52003 Phone: (563) 582-2926 Fax: (5631 582-2998 office@cwcmlaw.com December 13, 2006 Jeanne Schneider Dubuque City Clerk 50 W. 13th St. Dubuque, Iowa 52001 Re: Dubuque Initatives Dear Ms. Schneider: On behalf of Dubuque Initiatives, I want to inform you that we will be withdrawing our public hearing for our requested PUD amendment in the Dub dustrial Center scheduled for December 18, 2006. S:\wp\Dena\JACC\Schneider, Jeanne Ilr re Dubuque Initiatives.wpd JACC:dal 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 www.cityofdubuque.org --. !HE C1.~ OF ..~~_ 'l ._ DUBUQUE ~<lN--~ December 8, 2006 The Honorable Mayor and City Council Members City of Dubuque City Hall - 50 W. 13th Street Dubuque IA 52001 Location: Description: Dubuque Initiatives, Horsfield Company/Aaron DeJong, Economic Development Department Dubuque Industrial Center To amend the Dubuque Industrial Center Planned District to add landscaping requirements, amend location of open space within the industrial park to allow additional space for commercial and industrial land uses. Applicant: 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 proposed amendments to the Dubuque Industrial Center PUD. The applicant reviewed the location of parcels whose land use designation are being proposed for changing from open space to either commercial or industrial. Staff reviewed the history of the Dubuque Industrial Center and existing regulations that control land use in the industrial park. Staff reviewed the change in percentage of open space and that commercial zoning is often located adjacent to industry. There were several public comments in opposition to the request, citing concerns for loss of green space and the negative impact to the adjacent office park because of change from open space to commercial/industrial land use. The Zoning Advisory Commission discussed the request, noting that the industrial park was initially laid out with ample open space and that conditions have not changed to warrant amending the PUD to reduce the open space. Commissioners noted that there is substantial commercial land still available along the Northwest Arterial. Recommendation By a vote of 5 to 0, the Zoning Advisory Commission recommends that the City Council deny the request. Service People Integrity Responsibility Innovation Teamwork December 8, 2006 Page 2 A super majority vote is needed for the City Council to approve the request. Respectfully submitted, ~ .~}. J /11 ...)fl2f~A(i' Jeff Stiles, Vice Chairperson Zoning Advisory Commission DU~~E ~<k~ Oty of Dubuque Planning Services Department Dubuque, IA 52001-4864 Phone: 563-589-4210 Fax: 563-589-4221 PLANNING APPLICATION FORM o Variance DCondilional Use Permit DAppeal DSpecial Exception DUmited Setback Waiver DRezoning ~Planned District OPreliminary Plat DMinor Rnal Plat DText Amendlnent 1 DSimple Site Plan DMinor Site Plan o Major Site Plan o Major Rnal Plat ,DSimple Subdivision DAnnexalion DT emporary Use Permit DCertificate of Economic Non-Viability DCertificate of Appropriateness DOther: Please tvoe or Drint leaiblv in Ink n -- .. c.(".f'~';i <:' . ~ " Property owner(s): I /IA 1<AGL'4'f. L^Jr;;r;::;,4r.;;..-t:\ l-/t;(L5/-'O I} Phone: ../f9-'-f.U 5 Address: Po &x /7'1<5 Oty:!l.d]'A!1.<Al State:1LLZip:::,2o':)~(-!7';'')' . , Fax Number: 5 r;c,' - n r~ Applicant! Agent: /J. 11\((, c" fJ-r:" G- . Mobile/Cellular Number: ./ .(Tt! <:-.- Address: )(:) )AI, i .,I ~ .) J , I) --- . '"'' .,........,A._...... I 1.1 ul.-I D.:.1 E. t I'vt. ' -"........1 j...:,..; S r-- Oty: J4t;i.I:"i,.f Phone: ~<<c: H'-f J ~i ~ Slate: I,A Zip: c;:ux r Fax Number: )'?'i - 17 s'3 Mobile/Cellular Number: Site location/address: Sr::;t<, I.J.T'-Jj;.,-, 171/1{,...o.~t; c:,_th~lx.fIJ<_ C-{t-.TUc Existing zoning: Proposed zoning: Historic District: landmark: Legal Description (Sidwell parcel ID# or lot number/block number/subdivision): Total property (lot) area (square feet or acres):it6 !: Describe proposal and reason necessary (attach a letter of explanation, if needed): OERTIACATION: I/we, the undersigned, do hereby certify that: 1. The infonmation submitted herein is true and correct to the best of my/our knowledge and upon submittal becomes publiC record; Fees are not refundable and payment does not guarantee approval; and All additional required written and graphic terials re attached. J 2. 3. ?:>><.QS . Date: /(1;) -";;<3 -0 ~ Date: 1012.J It, G I I Property OWner(s): Applicant! Agent: FOR OFFICE USE ONLY - APP CAnON SUBMITTAL CHECKUST Fee: J,/tnJ.~ Received by: DSite/sketch plan 0 Conceptual Deve opment Plan Dlmprovement plans DDesign review project description Date: /000/<<.. Docket: . Dphoto DPlat DAoor plan DOther: Dubuque Initiatives is submitting an application to amend the land use of several areas within the Dubuque Industrial Center (DIC) planned unit development. The DIC was created in 1981 and the uses in the area today are different than what was expected back then. Because of the different uses occurring in this area, several areas could be better utilized by changing their land use designation. The following is a description of each of the changes we are proposing: 1) Legal Description of area proposed: Lot 1 of Lot 3 of Dubuque Industrial Center 1 ih addition in the City of Dubuque, Iowa. We are proposing to designate the entire lot for industrial uses within the DIC PUD. Currently the eastern portion of the lot is designated for industrial uses and the remainder is zoned as open space. The lot is 8.905 acres in size. 2) Legal Description of area proposed: Lot 1 of Dubuque Industrial Center 2nd Addition in the City of Dubuque, Iowa. We are proposing to designate the entire lot for commercial land use which would have similar uses to the C-3 General Commercial District. Certain uses we would like taken out of the C-3 zoning for this PUD. The uses to be taken out are; Auto repair/body shop (53), Mobile home sales (56), and Contractor shop/yard (64). The lot is currently zoned as open space. 3) Description of area proposed: Green area between Chavenelle and NW Arterial (See Attachment) We are proposing to designate the described area for commercial land use which would have similar language to the C-3 General Commercial District. Certain uses we would like taken out of the C-3 zoning for this PUD. The uses to be taken out are; Auto repair/body shop (53), Mobile home sales (56), and Contractor shop/yard (64). The lot is currently zoned as open space. 4) Description of area proposed: Blue area south of A Y McDonald property (See Attachment) We are proposing to designate the area for industrial land use within the DIC PUD. The area is currently zoned as open space. We are also proposing changing the setback requirement along the railroad to a standard 25 foot setback. We would require an easement placed in the area to place a walking/biking trail over the property sometime in the future. 5) For the entire PUD, we would like to place landscaping requirements which coincide with the landscaping requirements written for the Dubuque Industrial Center West. F:IUSERSlAdejonglDubuque InitiativeslDIC covenant changeslRezoning Application.doc Proposed Rezonings within the Dubuque Industrial Center Created By: ADJ 10-17-06 Base Data Provided by Dubuque County GIS _ Commercial Zoning _ Industrial Zoning . 00 [E(Q;[E ~ W [E ;;;;;;: NOV 2 8 ':101"\6 (~ <_',JV .~;::::\ \.:) " !i , CITY OF DUBUQUE , :: PLANNING SERVICES DEPARTMENT We the undersigned support the application of Dubuque Initiatives to rezone portions of the open space land adjacent to Lot 1 of Lot 3 of the Dubuque Industrial Center 12th addition to industrial uses as are currently allowed in the PUD zoning for the Dubuque Industrial Center. Name of Business (please print) Siqnature Date 1. J./t,,,J.sf>.-t I THe.. i:ft.JtJn - - . )).'" V?/r-Rd S Jf-ot;. . . 2. 3. 4. 5. 6. 7. 8. 9. 10. ll. 12. 13. 14. 15. ~~:v~::~~ CITY OF DUBUQUE PLANNING SERVICES DEPARTMENT We the undersigned support the application of Dubuque Initiatives to rezone portions of the open space land adjacent to Lot 1 of Lot 3 of the Dubuque Industrial Center 12th addition to industrial uses as are currently allowed in the PUD zoning for the Dubuque Industrial Center. Name of Business (please print) Sianature 1. !A cL{1) r- fJ -t<'>DL- 2. \1 ~ \J. oe '- 3. /.J'E1'tI b.~ . 4. lv'1e.+r7 lOf)11lC:1l- 5. J fOS'mL Sa 6.4/7' J::/1;U~ rI-;;~ 9nu 7. Date ? -<-.g -0,6 <:(;"J /0 I.. f'/I 'J pit 0 . ? 2./01,. ?j/~ 8. 9. 10. 11. 12. 13. 14. 15. ~ ~ :,,~?o :6~ ~ CITY OF DUBUQUE PU\NNJ~j~ SF:WICES DE?t".RT~,ryENT We the undersigned support the application of Dubuque Initiatives to rezone portions of the open space land adjacent to Lot 1 of Lot 3 of the Dubuque Industrial Center 12th addition to industrial uses as are currently allowed in the PUD zoning for the Dubuque Industrial Center. Name of Business Date 1. HoR-SnEU> CoMI"A,..J'{ ,....c. ~ \O~Ov:> 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 1o)[g(g~OWl[~ lilij NO" 1R :nO,; [lJJ CITY OF DUBUQUE PLM.!~-!ING SEFNICES [;EFtlQni~ENT We the undersigned support the application of Dubuque Initiatives to rezone portions of the open space land adjacent to Lot 1 of Lot 3 of the Dubuque Industrial Center 12th addition to industrial uses as are currently allowed in the PUD zoning for the Dubuque Industrial Center. Name of Business (please crint) Sicmature Date ~~ 1. ) W.()OOe Dt.tJb6.JP/''1t5fV 7 cV>~ 8/1! fer, , 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. \r;\u ~[~~DW~~ \' I l U \~ru I:\! 2 ? :OQ6 Cf iY QF DUBUQUE PLMJf,PNG SERVICES DEPARTMENT We the undersigned support the application of Dubuque Initiatives to rezone portions of the open space land adjacent to Lot 1 of Lot 3 of the Dubuque Industrial Center 12th addition to industrial uses as are currently allowed in the PUD zoning for the Dubuque Industrial Center. Name of Business (olease orinn 1. /('rr II.)~ ()/s f Sianature ;t~~~f/ l-i -1./1// Date ~j; c, /ete? , 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. i-;.'-\ ~ (~fE~ W ~ ~ liUJr-- . ! el\ I ~UUl"I.O\! 2, P 2,n,000 'e!!'! OF DliBUO~E P~_AI~NiNC SERVICES DEPi-'\RTMENT We the undersigned support the application of Dubuque Initiatives to rezone portions of the open space land adjacent to Lot 1 of Lot 3 of the Dubuque Industrial Center 12fh addition to industrial uses as are currently allowed in the PUD zoning for the Dubuque Industrial Center. Name of Business (please print) 1. RI t-e. !-),* Cr.p'N-<t-h7J^-.l , Siqnature Date ~/J~,( $'-2..9- 0 (., 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 00 ~((g ~ 0 :~W NO\! 29 ,/ 1"0'<" A/lfl'.hv!< ,,; -- , - 0;- GllY OF DUBUQUE /' PLANNING SEllVlCES DEPMTMENT j'/'L)'~~IA.,..1Acl.(, Z&2a<VI:f'/( We the undersigned support the ar: IIJ~ - l; tiatives to rezone land in the Dubuque Industrial Cen1 ,GOMN1'-r/-G:U-!. UD Commercial use, ADo-' Name of Business (please print) Sianature Date L (l 41' /. ;e; / "q- (~YJJ /J?;'t'?:7 );, C7?') ;;lhS ;!!;;Y!I~LI~ fj~0 I( 1'( /~~ ~/"'" 2, 3, 4, 5, 6, 7, 8, 9, 10, 1L 12, 13, 14, 15, PLANNED DISTRICT STAFF REPORT Zoning Agenda: December 6, 2006 Project Name: Dubuque Industrial Center Property Address: Chavenelle Road Property Owner: Dubuque Initiatives et al Applicant: Dubuque Initiatives/Aaron Dejong Proposed Land Use: Industrial/commercial Proposed Zoning: PUD Existing Land Use: Industrial Existing Zoning: PUD Adjacent Land Use: North - Commercial East - Commercial South - Agricultural West - Agricultural Adjacent Zoning: North - PC/C-2/AG East - PC South - C-3/CS West - AG/PI Flood Plain: Yes Total Area: 190 acres Water: Yes Existing Street Access: Yes Storm Sewer: Yes Sanitary Sewer: Yes Previous Planned District The Dubuque Industrial Center PUD has been amended several times since the industrial park was developed in 1981. The amendments to the PUD District typically address issues that have arisen as the park has built out over the years. The PUD District was last amended in May 2006 to revise the setback requirement along Futuro Court. Purpose: The requested text amendment is to designate additional property within Dubuque Industrial Center for industrial and commercial uses. Property History: The property was developed in the early 1980s as an industrial park. Previously, the land was used for agricultural purposes. Physical Characteristics: The subject property is located at the intersection of the Northwest Arterial and Chavenelle Road. The property has been graded into building pads for industrial development since 1981. The property generally drains to the southeast. Conformance with Comprehensive Plan: The 2002 Comprehensive Plan designated the area for industrial uses. This request involves the Comprehensive Plan's Land Use Planned District Staff Report - Dubuque Industrial Center West Page 2 Element: Goals 2.2, 3.2, 4.4, 6.1, 6.3, 7.1 and 7.2. This project involves the Comprehensive Plans Economic Development Element: Goals 3.3,3.4,3.5,10.1 and 10.2. Staff Analysis: Streets: The Dubuque Industrial Center is served by Chavenelle Road and Radford Road. No changes are proposed to the public streets serving this industrial park. Sidewalks: The existing industrial park does not have sidewalks along the public streets serving the park. Based on current City ordinances, any new public streets constructed within the industrial park will require the construction of public sidewalks. Parking: Off-street parking is regulated based on the use of the property. Development of the parcels included in this request will be reviewed as part of the City's site plan review process. Off-street parking will be determined at that time. Lighting: Cut-off light fixtures will be required on any new development to limit impact to adjacent properties. Signage: No changes to the sign regulations for the Dubuque Industrial Center are proposed as part of this request. Bulk Regulations: The property that will be owned by A. Y. McDonald on the south side of their existing parcel will have a 25-foot setback as proposed. The other parcels to be developed for commercial and industrial use will have the appropriate setbacks applied to those parcels as stipulated by the existing planned unit development ordinance for the Dubuque Industrial Center. Permeable Area (%) & Location (Open Space): Approximately 45 percent of the Dubuque Industrial Center property is permeable. This includes designated open space and green space on privately owned parcels. Approximately 30% of the current industrial park is designated as open space. This will be reduced to about 16% if the current request is approved. Landscaping/Screening: The regulations regarding landscaping and screening are not being changed as part of this request. Phasing of development: None. Planned District Staff Report - Dubuque Industrial Center West Page 3 Impact of Request on: Utilities: Existing utilities are adequate to serve the proposed areas for development. Traffic Patterns/Counts: The Northwest Arterial is designated as a principal arterial and carries approximately 22,200 ADTs based on 2005 vehicle trip counts. Chavenelle Road is designated as a minor arterial and carries approximately 3,450 ADTs based on 2005 vehicle trips counts. Public Services: Existing public services are adequate to serve the property. Environment: Staff does not anticipate any adverse impact to the environment provided appropriate erosion control measures are provided during all phases of development of the subject property. Adjacent Properties: Staff does not anticipate any significant impact to adjacent properties as the surrounding property is developed for a mixture of commercial and industrial land uses. Development of the subject parcels will increase vehicle trips on the surrounding street system. CIP Investments: None proposed. Staff Analysis: Dubuque Initiatives and the Horsfield Company is proposing amending the Dubuque Industrial Center Planned Industrial District to amend the location of open space within the industrial park to allow additional land for commercial and industrial and uses and add new landscaping requirements. Attached to this staff report is a vicinity map that indicates the parcels to be converted from open space to commercial land uses in red, and the parcels to be converted from open space to industrial land uses are shaded grey. The parcels to be developed for commercial uses are owned by Dubuque Initiatives while the northern gray parcel is owned by the Horsfield Company and the southern parcel will be owned by A. Y. McDonald. This is the second time since the Dubuque Industrial Center was originally developed that additional areas have been designated for development. In 1998, Phase 2 of the park was developed, which included the land west of Radford Road. The current proposal involves land that has always been part of the Dubuque Industrial Center, but has been designated as open space, and not available for development. Prior to making application for amending the Dubuque Industrial Center, IIW Engineers and Surveyors, Inc. was consulted to determine whether the reduction in open space would adversely impact the storm water storage capacity for the industrial park. Based on research by IIW, storm water detention will be provided both north and south of the large commercial parcel adjacent to the Northwest Arterial. These two areas are Planned District Staff Report - Dubuque Industrial Center West Page 4 sufficient to detain and control the existing and anticipated future volume of storm water runoff from the Dubuque Industrial Center. The other three parcels identified in this proposal are on the far northern end of the park where no storm water detention has ever been located, or in the case of the southernmost parcel located adjacent to A. Y. McDonald's property, has been part of the existing floodplain for Catfish Creek, and again did not playa role in storm water control for the Dubuque Industrial Center. The Dubuque Industrial Center currently has 30% of the park designated as open space. The current proposal will reduce the percentage to approximately 16%. Staff would note that as the new parcels are developed, 20% will be required to remain as green space. Currently, approximately 45% of the land within the 190-acre industrial park is permeable. This includes both designated open space and green space on individual parcels. Access to the new parcels will be from either Chavenelle Road or Radford Road. Access to the parcel immediately south of A. Y. McDonald's property will be through A. Y. McDonald's existing property. The large commercial parcel proposed along the Northwest Arterial will have a new street access to Chavenelle Road located north of the Metrix property. There are no current plans for access directly to the Northwest Arterial. Chavenelle Road currently carries approximately 3,450 ADTs based on 2005 lOOT counts. This figure does not reflect additional vehicle trips generated since the east and west portions of Chavenelle Road were connected. Development of the proposed parcels will generate additional vehicle trips. The number of additional vehicle trips is difficult to quantify given the lack of any specific knowledge of businesses that will locate on the new parcels. However, given the relatively low volume of traffic currently using Chavenelle Road, staff does not anticipate a significant impact to the surrounding roadway system from the development of the subject 28 acres. The proposed allowed uses for the commercial parcels is based substantially on C-3 General Commercial District, except that auto repairlbody shop, mobile home sales and contractor shop/yard has been eliminated from the list of permitted uses. The two parcels proposed for industrial land uses would have the same restrictions as those applied to the balance of property within Phase 1 of the Dubuque Industrial Center. Attached to this staff report is a draft ordinance for the Dubuque Industrial Center, including allowed uses for industrial and commercial parcels. Planning staff has taken the opportunity with this proposal to clean-up the graphics that have long been a part of this ordinance which was adopted originally in 1980. The setback requirements have not changed from previous ordinances except for a new setback has been established along the south property line of the southern parcel adjacent to the A. Y. McDonald Manufacturing plant. The applicant has requested a 25-foot setback along that entire south property line, which has been accommodated by establishing a new setback designated as 03. Planned District Staff Report - Dubuque Industrial Center West Page 5 Planning staff has applied setback requirements to the new parcels proposed as part of this application. Staff utilized the existing setbacks for front, side and rear yards, as previously established for the industrial park, and applied them in the same manner as other properties existing within the Dubuque Industrial Center. Planning staff recommends that the Zoning Advisory Commission review the proposed application and Section 3-5.5(F) of the Zoning Ordinance that establishes criteria for review of Planned Unit Developments. Prepared by: ~ 1 ~ -" Reviewed: Al,114 Date: //.Z7'OC:. -- -~- l' r :r:~ z[:: 0 0"0 OJ () ~"O D> en=: III r1g1 ~ ~(') If> o' CD D> CD ::J a:~ ;;: 'I " It'." () .. III --- 0 "0 "1J "1J 0 0 "1J () ~ ~ c 3 c a ~ 0 0 0- "0 0- < 1:l 1:l C D> C < 0: N 0 0 .D 0 CJl CJl C ::J.D CD '< C -. 0- ::J CD CD CD (") S' 0- 0- - CD CT () ::J ~- -. '< <0 ::J D> ::J :::::I 0 lD 0- 0 C. ~ a: 3 C 0 -. c: 0 C CJl D> - tj~ CT c !!!- 3 ~ ::J ~ '< J c: ::J ~ CD ::!. 0<' ..Cl 0- iii' D> c: ~ CD CD s: e ~ CD w 0 c:...!e. ~ r ~ () () ffi" w 0 l>> OJ ~ 0 CJl ::J r CD ::J c: 0- W ::J <0 "C ~ ::J ~ -< C ::J CD CJl 0- ~ r Gl CD C en CJl CD I I '. IJ Ii I II I, fJ " ,: " II I I ' I i~: I III IJ I 1\1 \ . ,~ ':.:j1 ,- Prepared by Laura Carstens. Citv Planner Address: Citv Hall. 50 W. 13th St Telephone: 589-4210 Return to: Jeanne Schneider. Citv Clerk Address: Citv Hall- 50 W. 13111 St Telephone: 589-4121 ORDINANCE NO. 06 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY ADOPTING A REVISED PLANNED UNIT DEVELOPMENT ORDINANCE FOR THE DUBUQUE INDUSTRIAL CENTER PHASES I AND II LOCATED AT THE SOUTHWEST CORNER OF HIGHWAY 32 (NORTHWEST ARTERIAL) AND CHAVENELLE ROAD AND BY REPEALING ORDINANCE 34-06. 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 adopting a revised Planned Unit Development Ordinance, with conditions, for the Dubuque Industrial Center, as shown in Attachment A, and to the centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa. Section 2. Planned Development District Regulations. A) Puroose and Scooe This document sets forth the conditions and restrictions applicable to the specific PI Planned Industrial District known as "Dubuque Industrial Center." All development and use of property in this specific district shall comply with these conditions as well as with the PI Planned Industrial District provisions of the Zoning Ordinance and other applicable regulations of the City of Dubuque. This document is not intended to abrogate, annul or otherwise interfere with any easement, covenant or an other private agreement or legal relationship; provided, however, that where the conditions and restrictions of this document are more restrictive or impose higher standards or requirements than such easement covenant or other Ordinance No. - 06 Page 2 private agreement or legal relationship, the requirements of this document shall govern. B) Definitions 1) BuildinQ-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 space and driveways to and from loading spaces. e) Parking spaces for company-owned commercial vehicles. 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. 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. e) Other non-building and non-vehicular related space. C) Use ReQulations Uses within this particular PI Planned Industrial District shall be permitted as follows: Ordinance No. Page 3 -06 1) Land Use Plan Land uses shall be located only in compliance with Attachment A Dubuque Industrial Center Land Use Plan Phase I and II. 2) Permitted Uses a) Development of industrial parcels within Phase I of the Dubuque Industrial Center may be used for any principal permitted, accessory and conditional use allowed in the HI Heavy Industrial District. b) Development of commercial parcels within Phase 1 of the Dubuque Industrial Center may be used for the following permitted and accessory uses: 1) Railroad and public or quasi-public utilities, including substations - [47]. 2) Residential uses above the first floor only - [6]. 3) Mortuary/funeral home - [13]. 4) Museum/library - [13]. 5) Schools of private instruction - [4]. 6) Private club - [20]. 7) General offices - [14]. 8) Medical office/clinic - [36]. 9) Dentallmedicallab - [8]. 10) Personal services - [14]. 11) Barber/beauty shops - [16]. 12) Motel- [24]. 13) Gas station - [18]. 14) Retail sales/service - [17]. 15) Laundry/dry cleaner - [19]. 16) Shoe repair- [18]. 17) Bakery (wholesale/commercial) - [19]. 18) Indoor restaurant - [20]. 19) Bar/tavern - [20]. 20) Automated gas station - [18]. 21) Service station - [21]. 22) Supermarket - [17]. 23) Tailoring/alterations - [18]. 24) Furniture/home furnishings - [27]. 25) Appliance sales/service - [27]. 26) Catalog center - [23]/ 27) Drive-in/carryout restaurant - [29]. 28) Drive-up automated bank teller - [8]. 29) Self-service car wash - [8]. 30) Animal hospital/clinic - [23]. Ordinance No. - 06 Page 4 31) Laundromat - [22]. 32) Furniture upholstery/repair - [18]. 33) Artist studio - [5]. 34) Photographic studio - [23]. 35) Neighborhood shopping center - [17]. 36) Business services - [29]. 37) Department stores/sixty thousand (60,000) square feet maximum - [17]. 38) Hotels - [30]. 39) Auditorium/assembly halls - [20]. 40) Indoor theater - [48]. 41) Banks/savings and loans, and credit unions - [31]. 42) Indoor amusement center - [23]. 43) Vending/game machine sales and service - [19]. 44) Indoor recreation facilities - [37]. 45) Mail order houses - [23]. 46) Lumberyards/building material sales - [19]. 47) Construction supply sales and service - [19]. 48) Printing/publishing - [32]. 49) Moving/storage facilities - [33]. 50) Full service car wash - [8]. 51) Auto service centers (TBA) - [34]. 52) Auto sales and service - [38]. 53) Truck sales/service and repair - [39]. 54) Farm implement sales and service - [39]. 55) Motorcycle sales and service - [41]. 56) Boat sales and service - [40]. 57) Recreational vehicles sales and service - [39]. 58) Vehicle rental - [47]. 59) Upholstery shop - [42]. 60) Local shopping center - [17]. 61) Parking structures - [n/a]. 62) Wholesale sales/distributor - [29]. 63) Agricultural supply sales - [19]. [ ] Parking group - see Section 4-2 of the Zoning Ordinance. Accessorv Uses: The following uses shall be permitted as accessory uses: 1) Any use customarily incidental and subordinate to the principal use it serves. Ordinance No. - 06 Page 5 c) Development of industrial parcels within Phase II of the Dubuque Industrial Center may be used for the following permitted and accessory uses: 1) Railroads and public or quasi-public utilities, including substations - [47] 2) General office - [14]. 3) Medical/dental lab - [8]. 4) Personal services - [14]. 5) Off-street parking lot - [NA]. 6) Parking structure - [NA]. 7) Bakery (wholesale/commercial) - [19]/ 8) Drive-up automated bank teller - [18]. 9) Furniture/upholstery repair - [18]. 10) Banks, savings and loans, credit unions - [31]. 11) Vending/game machine sales and service - [19]. 12) Mail order houses - [23]. 13) Construction supply sales and service - [19]. 14) Printing and publishing - [32]. 15) Moving/storage facilities - [33]. 16) Wholesale sales/distributor - [29]. 17) Freight transfer facilities - [44]. 18) Agricultural supplies - [19]. 19) Cold storagellocker plants - [15]. 20) Packing and processing of meat, dairy or food products, but not to include slaughter houses or stockyards - [33]. 21) Compounding, processing, and packaging or chemical products, but not including highly flammable or explosive materials - [33]. 22) Manufacture, assembly, repair or storage of electrical and electronic products, components or equipment - [33]. 23) Laboratories for research or engineering - [33]. 24) Warehousing and storage facilities - [33]. 25) Manufacture or assembly of musical instruments; toys, watches or clocks; medical, dental, optical, or similar scientific instruments; orthopedic or medical appliances; signs or billboards - [33]. 26) Manufacturing, compounding, assembly or treatment of articles or products from the following substances; clothing or textiles, rubber, precious or semi-previous stones or metal, wood, plastic, paper, leather, fiber, glass, hair, wax, sheet metal, feathers, fur, and cork - [33]. Ordinance No. - 06 Page 6 27) Manufacture, storage or processing of the following products or materials: glue, petroleum products or any flammable liquid, asphalt or concrete products, explosive materials of any type, structural steel and foundry products, fertilizer, pharmaceutical products, including cosmetics, toiletries and soaps, and stone products, including brick, building stone and similar masonry materials - [33]. [] Parking groups (See section 4-2 of the Zoning Ordinance). Accessorv Uses The following uses shall be permitted as accessory uses: 1) Any use customarily incidental and subordinate to the principal use it serves. D) Lot and Bulk Standards 1) Maximum Heiaht Maximum height of building-related features shall not exceed fifty (50) feet, except that structural appurtenances, such as towers, chimneys, and mechanical equipment may be allowed to exceed this limit. 2) Land Area Coveraae a) Land area coverage by building-related features and vehicle- related features shall not exceed the maximum limits established in this section. Land area for open space-related features shall not be less than the minimum limits established in this section. b) Maximum lot coverage shall be eighty (80) percent. All building and vehicle-related features shall be considered when calculating total land area coverage, except fire lanes and railroad tracks. The City Engineer shall review all building and paving expansions for compliance with storm water control regulations and policies. 3) Lot Development Zones Development on each lot is regulated by standards for each of four lot development zones shown on Attachment B. The position of each lot line related to adjacent lots, streets, public open space and existing topography establishes the type of zone which has been designated for each lot line. The degree to which building-related, vehicle-related, and open space-related features may be developed in each zone is established in accordance with the section diagrams included as Ordinance No. - 06 Page 7 Attachment C, parts 1 through 5. Abbreviations used on the diagrams include: BR: Building-related features VR: Vehicle-related features OS: Open space-related features Basic Zone Descriptions: "A" Zone: Area between street right-of-way line and "B" zone. Principally contains open space and a limited amount of vehicle-related features. No building-related features are allowed in this zone. "A" zones associated with major and minor streets are different. "B" Zone: Major area inside the "A", "C", and "0" zones. Principally contains building and vehicle-related features with a lesser amount of open space. "C" Zone: Area between the public open space (back or side) lot lines and the "B" zone. Principally contains open space and a limited amount of vehicle-related features. "0" Zone: Area associated with a lot line separating two lots. Principally contains open space and a limited amount of vehicle-related features. E) District Standards Each use shall be planned, designed, constructed, operated and maintained in such a manner as to comply with the district standards of the PI Planned Industrial District and the following: 1) Reauired ODen SDace OeveloDment a) Plant Materials. The open space area of each lot shall be planted with permanent lawn and ground covers, shrubs and trees. These plantings shall be designed to perform the functions and purposes set forth in Guidelines for the Selection of Plant Materials (Attachment D). The installation of required planting materials may be phased in direct proportion to the phasing of building construction. All exposed soil areas remaining after the construction of the building and vehicle-related features shall be planted with a permanent ground cover to prevent erosion. Ordinance No. - 06 Page 8 The area between the paved public street and the right-of-way line shall be planted and maintained by the lot owner. b) Pedestrian Areas: Permanent hard-surfaced walkways shall be installed and maintained for the purposes of pedestrian movement between all parking areas and functioning entrances and exits of the buildings. 2) LandscapinQ ReQulations The following landscape regulations shall apply to each lot: a) 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. b) 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. 1) Minimum tree planting requirements for any new development in the Dubuque Industrial Center West shall be one (1) tree of the following size per 1,600 square feet of required open space: 40% minimum: 2-2 %" caliper diameter deciduous and/or 8- foot height or greater evergreen. Balance: 1 % - 2" caliper diameter deciduous and/or 6-foot height evergreen. 2) Minimum shrub requirements at the time of planting for any development in the PUD District shall be six (6) shrubs, or one (1) shrub per 1,000 square feet of required open space, whichever is greater. Shrubs shall be a minimum of 18" in height or minimum of one (1) gallon potted. c) 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 Ordinance No. - 06 Page 9 changes to achieve the required 50% opacity landscaping screen. Parking lot screening is in addition to required landscaping of open space areas. d) Trees shall be provided in all parking lot islands, which are of sufticient size to ensure the growth and survival of trees. Trees planted in parking lot islands may be counted toward the minimum tree planting requirements. e) 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 (6) months of being issued an occupancy certificate. f) To reduce erosion, all disturbed open space areas shall have ground cover of grass or native vegetation, which is installed as sod, or seeded, fertilized and mulched. g) The lot owner is required to replant any and all plant materials which have died due to any cause during the eftective period of this PUD Ordinance. h) A detailed landscape plan shall be required as part of submittal for final site development plan approval. i) The area between the public street and the right-of-way line shall be planted with grass and maintained by the lot owner. 3) Control of Vehicle-related Features a) Parking spaces required: Each developed lot shall provide a minimum number of oft-street parking spaces for employees and visitors. The number of spaces required shall be in accordance with Section 4-2 of the Zoning Ordinance. When computation of required oft-street parking spaces results in a fractional number, the required spaces shall be the next higher whole number. All oft-street parking spaces shall be located on the same lot as the building for which such spaces are required or on an adjacent lot in a location which is not farther than 300 (three hundred) feet from the building served. Parking spaces provided for overnight storage of company-owned commercial vehicles shall be in addition to the minimum required number of spaces. Ordinance No. Page 10 -06 b) Loading spaces required. A minimum number of required off- street loading spaces shall be provided on each developed lot as established by applicable provisions of the City of Dubuque Zoning Ordinance enforced at the time of development of the lot. c) Phased construction of buildings, parking spaces and loading spaces. The construction of off-street parking spaces and loading spaces may be phased in proportion to the percentage of total building floor area constructed at anyone time. Ground area set aside for future parking, loading spaces or driveways or for parking provided in excess of the minimum required number of parking or loading spaces shall not reduce the minimum required area for open space. d) Location of vehicle-related features on the lot. The ground location of all vehicle-related features is controlled by the provisions of Section D(3) Lot Development Zones. e) Design. All vehicle-related features shall be surface with a hard, all-weather, durable, dust-free surfacing material. Proper drainage of storm water shall be provided. All parking and loading spaces shall be delineated on the surfacing material by painted stripes or other permanent means. Widths and lengths of parking and loading spaces shall be governed by applicable provisions of City of Dubuque Ordinances enforced at the time of development of the lot. The number, size, design and location of parking spaces designated for handicapped drivers shall be according to local, state or federal requirements in effect at the time of development. The location or driveway intersections with public streets shall be established by the City of Dubuque. Reverse movement maneuvering of deliver vehicles between the lot and minor cul-de-sac streets is allowable. No on-street maneuvering or delivery vehicles will be allowed on any type of through street. Lots adjoining through streets shall provide all necessary maneuvering space for delivery vehicles within the confines of the lots. f) Loading doors and docks. All loading (shipping and receiving of raw and manufactured goods) doors and docks shall be designed to provide for the direct movement of goods between the delivery vehicle and the interior of the building. No visually exposed platform docks shall be allowed, except within fully screened Ordinance No. - 06 Page 11 storage areas. Exterior loading and unloading of vehicles is allowed within screened exterior storage areas. 3) Utilitv Location a) Service lines. All electrical, telephone, television cable and other similar utility lines serving the building and other site features shall be located underground. b) Mechanical equipment. All electrical transformers, switching gear, relay boxes, meters, air conditioning units, heat pumps, and other similar mechanical equipment shall be located in positions which are shielded from view from pubic streets in the Dubuque Industrial Center. Constructed fencing or walls and plant materials may be used to visually screen such mechanical equipment. 4) Site Sianaae a) Applicability of City of Dubuque Ordinances. The provisions of the City of Dubuque Zoning Ordinance and Sign Ordinance apply to the construction and maintenance of signs, unless further regulated by this section. b) Off-premise signs. No off-premise signs shall be erected or constructed in the Dubuque Industrial Center or on any of the private lots or buildings within the Dubuque Industrial Center. c) On-premise signs. 1) Allowable content. Signs, messages and graphics shall be limited to the following contents: Primarv Sian )00 Identification of company name )00 Identification of company products or services )00 Street address )00 Graphic symbol or logo identified with the company Secondarv Sian )00 Directional messages necessary for the safe and efficient flow or vehicular and pedestrian traffic on the lot )00 Identification of visitor entrances to the building, shipping and receiving docks, and other deliver points Ordinance No. - 06 Page 12 ~ Identification of assigned parking spaces and handicapped accessibility ~ Temporary announcements of pending or new construction ~ Commemorative messages 2). Maximum number of signs. The number of primary signs shall not exceed five (5) for each premises or lot. No maximum number of secondary signs is established. 3) Maximum area of sign panel. If a primary sign is building- mounted its total area shall not exceed 15% of the area of the building wall upon which it is mounted. If the primary sign is freestanding, its maximum area shall not exceed the following: Maximum The area of double-faced freestanding signs shall be computed as the area of a single face only. No maximum cumulative area is established for secondary signs; however, no single permanent secondary signs hall exceed six feet in area. 4) Allowable structural types. Primary and secondary signs may be mounted on exterior walls of buildings or may be freestanding. No signs shall be mounted on roofs or above any eave or parapet of a building. All building-mounted signs shall be flush mounted on the wall and no projections beyond one (1) foot shall be allowed. The determination of area of signs composed of separate elements shall be the area of a rectangle that completely encloses all such elements and/or corporate identification devices. 5) Sign locations on lots. Building-mounted primary signs may be located on any fayade of a building in the industrial park. Freestanding primary signs may be located anywhere on the building lot. Ordinance No. - 06 Page 13 Secondary signs may be located anywhere on the lot and on any building fa9ade. No signs may project in space over a street or right-of-way line, any visibility triangle area, or onto another lot. 6) Height regulations. Primary signs and their supporting structure(s) shall not extend upward to an elevation higher than the roof line of the building which is served by the sign. 7) Lighting. Primary 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. Secondary signs shall not be illuminated. 8) 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. 5) Storm Water Manaaement a) Existing Watersheds. The area of watersheds after development shall remain the same as pre-development watersheds, or as directed by the Public Works Department of the City of Dubuque. b) 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 drainageways outside the lot in a means that is satisfactory to the Public Works Department of the City of Dubuque. 6) Site Liahtina a) Types. Exterior illumination of the site shall be limited to the illumination of: 1) Parking areas, driveways, and loading docks. 2) Pedestrian walkway surfaces and entrances to building. 3) Screened storage areas. 4) Building exterior. b) Location and design. All exterior lighting shall be designed, installed and maintained so as not to cause direct glare or to shine into adjacent lots and streets. No light source shall provide illumination onto adjacent lots, buildings, or streets in excess of Ordinance No. - 06 Page 14 1.0 foot candle. All exterior lighting luminaries shall be designed and installed to shield light from the luminare at angles above 72 degrees from vertical. Fixtures mounted on a building shall not be positioned higher than the roof line of the building. Post-mounted freestanding fixtures shall not be higher than thirty (30) feet above the ground. 7) Operations within enclosed buildinas All operations and activities shall be conducted or maintained within completely enclosed buildings except: a) Off-street parking and loading spaces. b) Employee recreational facilities. c) Outdoor or exterior storage. 8) Exterior Storaae and Trash Collection Areas a) Allowable types of storage. Exterior storage is permitted only for raw and processed goods, equipment and other materials related to the principal activity of the lot. The storage of trash and debris shall be limited to that produced by the principal permitted use of the lot. No outdoor storage of materials or trash which could be blown into the air or strewn about by the wind shall be permitted. b) Location and area coverage of exterior storage and trash collection. The location of exterior storage and trash collection areas is controlled by provisions of Section 4.3 Lot Development Zones. The ground area coverage of exterior storage and trash collection areas shall be the area contained inside the required screening and this area shall be considered to be a building- related feature for purposes of calculating total land area coverages. c) Screening of exterior storage and trash collection areas. All exterior storage and trash collection areas and the materials contained therein shall be visually screened from view. The screening shall be a completely opaque fence, wall or other feature not exceeding a height of ten (10) feet measured from the ground level outside the line of the screen. Screen structures built on sloping grades shall be stepped, so that their top line shall be horizontal. Exposed materials used to construct the opaque screen shall be similar in appearance to materials used for exterior building walls. Colors of the screen shall match those of the building. All exterior entrances to a screened storage or trash area shall be provided with a gate or door of similar design to that Ordinance No. - 06 Page 15 of the screen. Gates or doors facing a street frontage or the Northwest Arterial shall be closed at all times other than when a vehicle or personnel are using the entrance for access to and from the screened area. If a ten (10) foot high screen fails to shield the exterior storage or trash collection area from view from points inside or outside of the property, evergreen plantings may be required. Evergreen plant materials shall be selected and designed so that they will eventually screen the area from all off-site visibility. In such cases, if initial plantings are of six (6) foot height or greater, the requirements of other opaque screening shall be omitted. F) Transfer of Ownershio 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. G) Modifications Any modifications of this Ordinance must be approved by the City Council in accordance with zoning reclassification proceedings of Section 6 of the Zoning Ordinance. H) Recordina A copy of this ordinance shall be recorded at the expense of the property owner(s) with the Dubuque County Recorder as a permanent record of the conditions accepted as part of this reclassification approval within ten (10 days after the adoption of this ordinance. This ordinance shall be binding upon the undersigned and his/her heirs, successors and assigns. Section 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 adopted this day of 2006. Roy D. Buol, Mayor: Attest: Jeanne F. Schneider, City Clerk ( ~ ~J ~ . ~ .~ i8 v\ 11 = '3 " ~ ( <]z llO:J >:' "'. <( :E I- Ul W ::: "- (1) - t:CD (1)0 00 ('II CO .i: s::: _CO 1/)- ;jll. 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