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Request to Amend DIC ID District_Dubuque Humane Society Copyright 2014 City of Dubuque Public Hearings # 4. ITEM TITLE: Request to amend Dubuque Industrial Center ID District SUMMARY: Proof of publication on notice of public hearing to consider a request by Dubuque Humane Society / Maria Benham to amend the Dubuque Industrial Center Planned Unit Development to permit an electronic message sign at 4242 Chavenelle Road and the Zoning Advisory Commission recommending approval. ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by amending Ordinance 22-07, which established regulations for Dubuque Industrial Center, A Planned Unit Development with a Planned Industrial Designation, located at the Southwest Corner of Highway 32 and Chavenelle Road and now being amended to allow electronic message center signs within the Dubuque Industrial Center SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion A ATTACHMENTS: Description Type ❑ ZAC letter to Council Staff Memo ❑ Applicant materials Supporting Documentation ❑ Staff materials Staff Memo ❑ Ordinance Ordinance ❑ Motion A, Motion B Supporting Documentation Planning Services Department Dubuque City Hall ,�IIIrTHE CITB50 West 13th Dubuque,IA 52001-4864 DV E (563)589-4210 phone _ (563)589-4221 fax _ am•u,:•mu Masterpiece on the Mississippi (563)690-6678 TDD planning@ch yofdubuque.org December 5, 2014 The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 1311i Street DubuquelA 52001 Applicant: Dubuque Humane Society/ Maria Benham Location: 4242 Chavenelle Road: Description: To amend Dubuque Industrial Center Planned Unit Development to permit an electronic message sign. 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 Maria Benham, representing the Dubuque Humane Society, spoke in favor of the request. She reviewed the benefit to the Humane Society of an electronic message center sign. Ms. Benham reviewed the existing Dubuque Industrial Center signage requirements and how the Humane Society provides a service that requires a different approach to signage than other businesses in the Industrial Park. There were no public comments. Staff reviewed the staff report, noting that the Dubuque Industrial Center regulations were established in the early 1980's and prohibited electronic message signs because the sign regulations for the Industrial Park mirrored the Zoning Ordinance regulations. Staff reviewed the current UDC sign regulations regarding electronic message signs and that they are currently allowed in surrounding zoning districts. Commissioners discussed the size and location of the electronic message center signs along the Northwest Arterial. Staff noted consultation with the Iowa Department of Transportation regarding possible impact on traffic on the Northwest Arterial. The Zoning Advisory Commission discussed the request and felt it was appropriate. Recommendation By a vote of 6 to 0, the Zoning Advisory Commission recommends that the City Council approve the request. Service People Integrity Responsibility Innovation Teamwork The Honorable Mayor and City Council Members Page 2 A simple majority vote is needed for the City Council to approve the request. Respectfully submitted, Patrick Norton, Chairperson Zoning Advisory Commission Attachments cc: Maurice Jones, Economic Development Director Gus Psihoyos, City Engineer Service People Integrity Responsibility Innovation Teamwork Dubuque Planning Services Department THE cftY OF Oty Hall-50 West 13 Street ��� wAreticzcav Dubuque,IA 52001-4805 phone 1 I I I (563)589-4210 phone (563)589-4221 fax Masterpiece 2 � •zm,•z,», (563)690-6678 TDD � � planninaColcityofdubuaue oro ❑Variance ❑Preliminary Plat ❑Simple Subdivision ❑Certificate of Appropriateness ❑Conditional Use Permit ❑Major Final Plat ❑Text Amendment ❑Advisory Design Review(Public Projects) ❑Appeal ❑Minor Final Plat ❑Temporary Use Permit ❑Certificate of Economic Non-Viability ❑Special Exception ❑Simple Site Plan ❑Annexation ❑Historic Designation ❑Limited Setback Waiver ❑Minor Site Plan ❑Historic Revolving Loan ❑Demolition in Conservation Districts ;KP.ezoning/PUD/ID ❑Major Site Plan ❑Historic Housing Grant ❑Port of Dubuque Design Review A449uVGD O1-'0r0K f Please lype or print legibly in in Property own�elr(s) IA�IrI &WAIVIC (^ Phone; 6&5 ?(��Is��r— Address:-41— 2 U AA Pi1 �� ►W City:��ACi State:J_(q- _Zip:6 Fax ork Cell #: E-mail; J" 1 A Ab �^�'CALI`A1 J Applicant/Agent: r� lf/��'-1 Q �✓e/y,/V�ljnA Phone: 5�1?jzig2 Address: 'd�9I� I �j(/WA.�m&V e '"' ity: J� L�dt t,/�state:__A_Zip:51�2- Fa�7 �iJ/�0 � 40 Cell #: ,aE-mail: OM Aii(A 6? tU. Gj [&B,( 4t." Site location/address: 42-42- O]Aa lGL/1 P I � (, Kd Neighborhood Association: J Existing zoning:p l Proposed zoning: I 1 LS District: Landmark: ❑Yes ❑ No Legal Description(Sidwell parcel ID# or lot number/block number/subdivision): Total property(lot)area(square feet or acres): A-t� P' Describe proposal and reason necessary(attach a letter of explanation, if nee end):'W M P/�ZGlvmtit mcX��tG �5rn lfk.l 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: i*L/ Applicant/Agent: / Date: /`/ T FOR OFFICE USE ONLY-APPLICATION SUBMITTAL CHECKLIST p6 Fee Received by: Date: / 3 Docket: m THE CPPV OF Dubuque DUB E R Masterpiece on the Mississippi P ZONING ADVISORY PR COMMISSION Vicinity Map Applicants: Dubuque Humane Society PC Maria Benham Location: 4242 Chavenelle Description: Amend Dubuque Industrial Center Planned Unit Development to permit electronic message signs. l Legend ® 4242 Chavenelle wsewxea:rn:imonrebm wee mnplled wtyteo NID ntie MeG Whlc Infdmetion Sydem(MGIS),whim Includes dak crMed by MM the City a Duet eenN 't,quecauny, nlsumenoedtw,wmleme clNah mbuque end l:edl lyetln9 e9emies utiined the tro9 anent end soounto lmom®tim a,ehkble.Ixnclsend Ik swWers do mt windhne ettv.�yor oertmoy Ormeifan fionmdak contained hesom The City and Deherforei eableor N111M de told fiebk for tiny dreet ndtea nodemel.ennonedet0el, pwetree. .ble.ie ftWes.weetMrfador ika unldnsttebk ens tg od of the edeonmtl or utuuteonzetl u bnecM1.eh svndesetnmtee netllhyto use lMs deb m��taetry Wny witMsoeer. 1:5,000 NORTH Base Data Provided by Dubuque County IS Path:H:\Planning Services\EVBVarea Plan Update\Vicinity Map_4242Chavenelle.mxd Dubuque CHG CITY OPkrftd DUB E Masterpiece on the Mississippi ��:•��s November 24, 2014 TO: Zoning Advisory Commission FROM: Guy Hemenway, Assistant PlannerG � SUBJECT: Dubuque Industrial Center Planned Industrial District Sign Regulation Amendment INTRODUCTION Marie Benham, acting on behalf of the Dubuque Regional Humane Society, has submitted an application asking to amend the sign regulations for the Dubuque Industrial Center to permit an electronic message sign to be located at their facility. The Dubuque Industrial Center (DIC) Planned Industrial (PI) district ordinance was adopted in1980. At that time, the City of Dubuque's Zoning Ordinance did not permit electronic message signs, other than time and temperature signs, in any zoning district within the city. Electronic message signs were defined as any sign that displayed an electronic message that included motion or animation. When the DIC PI ordinance was written, the sign regulations included restrictions similar to those in the Zoning Ordinance at the time that prohibited electronic message signs. Therefore, electronic message signs are not permitted in the DIC. DISCUSSION Subsequent to the creation of the DIC PI district, the City undertook a comprehensive rewrite of the zoning ordinance that resulted in creation of the Unified Development Code (UDC). At that time, measures were taken to permit electronic message signs and to regulate the way they operated. The intent was to permit electronic message signs but also to prevent them from becoming a distraction to vehicular traffic and adjacent properties. The current UDC sign regulations governing all electronic message signs allow a maximum of two seconds of transition during which time full animation, color changes, scrolling, etc. is permitted, after which a minimum of two seconds of static time is required where there can be no such movement or animation. These regulations now apply to all signs in districts where commercial signs are permitted within the city. Memo to Zoning Advisory Commission Page 2 The Dubuque Regional Humane Society is asking that the Dubuque Industrial Center sign regulations be amended to permit electronic message signs. By default, if electronic message signs are permitted in the DIC, they will be regulated the same as all electronic message signs in the city. The Dubuque Industrial Center sign regulations are relatively stringent regarding the square footage and height allowed for each sign. As the properties within the industrial park are generally large scale and industrial/office in nature, the proposed electronic message signs should have very limited impact on the adjacent commercial properties or on the Dubuque Industrial Center in general. RECOMMENDATION Staff recommends the Commission review the criteria established in Section 9-5 and Section 5-24 regarding rezoning reclassification and planned unit developments. GH/mkr Attachments Prepared by: LauraCarstens,CityPlanner Address: CityHa11,50W.13thSt Telephone: 589-4210 Return to: KevinFirnstahl,CityClerk Address: CityHall-50W.13t'St Telephone: 589-4121 ORDINANCE NO. 71-14 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY AMENDING ORDINANCE 22- 07, WHICH ESTABLISHED REGULATIONS FOR DUBUQUE INDUSTRIAL CENTER, A PLANNED UNIT DEVELOPMENT WITH A PLANNED INDUSTRIAL DESIGNATION, LOCATED AT THE SOUTHWEST CORNER OF HIGHWAY 32 AND CHAVENELLE ROAD AND NOW BEING AMENDED TO ALLOW ELECTRONIC MESSAGE CENTER SIGNS WITHIN THE DUBUQUE INDUSTRIAL CENTER 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 amending Ordinance 22-07, which established regulations for Dubuque Industrial Center, and now being amended to allow electronic message signs. Section 2. Planned Development District Regulations. 4. Site Signage c) On -Premise Signs 8. Reserved. No signs may include any device or means, mechanical,electricalornatural,whichshallcauceanymotionof thesign panel orany partthereof. No flashing lights orchanging colorsshal-l-bc allowed. 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 publ'.tioas provided by law. Passed, approved and adopted this 15th day of December, Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk 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: December 19, 2014, and for which the charge is $16.13. Subscribed to before me, a Notary Publilc in and for Dubuque County, Iowa, this ,12,4, day of diae.d..,24_,sei 920 . OFFICIAL PUBLICATION ORDINANCE NO. 71-14 AN ORDINANCE AMENDING TITLE 16 OI THE CITY OF DOBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY AMENDING ORDINANCE 22-07, WHICH ESTABLISHED REGULATIONS FOR DUBUQUE INDUST- RIAL CENTER, A PLANNED UNIT DEVELOPMENT WITH A PLANNED INDUS- TRIAL DESIGNATION, LOCATED AT THE SOUTHWEST CORNER I OF HIGHWAY 32 AND CHAVENELLE ' ROAD MID NOW BEING AMENDED, TO ALLOW ELECTRONIC, MESS- AGE CENTER SIGNS WITHIN THE DUBU- QUE 'INDUSTRIAL CENTER NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY ,OF DUBUQUE, 10WA:„ ' Section 1. That Title 16 of ,the City of Dubuque Code of Ordinances, Unified Development Code, is hereby amended by amending Ordinance 22-07, which estab- lished regulations for Dubuque Industrial Center, and now being amended to allow electronic message signs. Section 2. Planned Development District Regulations. 4. Site Signage 4,- otary Public in and for Dubuque County, Iowa. c) On -Premise Signs 8. Reserved. Section 3. The fore- going amendment has heretofore been review- ed by the Zoning Advisory Commission of the City of Dubuque, Section 4. This , Ordinance shall take effect upon publication as provided by law. Passed, approved and adopted this 15th day of December, 2014. /s/ Roy D. Buol, Mayor Attest: Trish L. Gleason, Assistant City Clerk it 12/19 MARY K. wEsTERK*ER Corrimlasion NumbBr 154885 My Comm Exp, FE8, 1, 2017 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: December 05, 2014, and for which the charge is $29.87. Subscribed before me, a Notary Public in and for Dubuque County, Iowa, this gli* day of4, c—G‘) , 20 _Z7. Notary Public in and for Dubuque County, Iowa. MARY K, 'WESTERMEYER Commission Number 154885 My Comm, Exp, FEB, 1, 2017 CITY OF DUBUQUE, OFFICIAL NOTICE' .,NOTICE g is'' hereb given that the Dubuqu City Council . ' wi conduct nubile hea mgs `"atia "meeting. t commence 'at 6:30 p.m on, Monday, Dece'nb; 15; 2014,,in the Histori Federal "Buildings 35 West 6th Street, on,th foliov�ing • ' ` Institutional Distri Request by Universit of Dubuque ,to amen the, institutional :'' Dis trict on :Auburn Stree to construct a: ;,new educational facility; adjoining the -Univer- sity Science Center. Request by Universit of Dubuque to amend the Institutional Dis` trict " on " McCormick Street to-` construct .ars addition to the Stoltz Center gymnasium 'to increase the seating capacity. Request by Loras College to amend ;the Institutional. District at 755 Loras /1450. Loras Parkway (formerly: Cox Street). to create an addition to the existing Boiler Room building. Rezonings • Request by Brian Kane, / Warrior Enter- prises, LLC to"- rezone property located ` at 2075 -Holliday` Drive (Lot ,1. of 'Holliday; 6th Addition) from C-2< Neighborhood „ Shop- ping CenteraDistrict to General >Commer- cial zoning district. Planned Unit Devel- opment ,;(PUD) 1Sign, Amendment Request] by Dubuque Humane Society , / Maria Benham, to amend the Dubuque Industrial Center Plan- ned Unit Development to permit an electronic , message sign at 4242 Chavenelle Road.. Copies of supporting documents for the public hearings are on file in the. City Clerk's Office, 50 W. 13th . Street .and "may, 'be, viewed during"normal working hours. Written comments regarding ,the above , public hearings may be submitted toothe City Clerk's-- Office on or before said time of public hearing at 50 W. 13th Street, or ctyclej-k@cityofdubu que.org., At said time and place: of public: hearings all interested" citizens and . parties will be' given an opportunity " to __ be heard for or_against said rezoning. Any visual or hearing 1 impaired persons need- 1 ing special assistance or persons with special accessibility , needs y e .II r-' of er c, 0 e ct yi d y_1 should contact the City Clerk's. Office at (563) 589-4100 or TDD (563), 690-6678 at least 48 hours prior to the meeting. Trish L. Gleason, CMC Assistant' City Clerk: it 12/5.,