Request to Rezone - 221 & 250 East 8th Street and 300 East 9th Street_Public Hearing Copyright 2014
City of Dubuque Public Hearings # 2.
ITEM TITLE: Request to Rezone - 221 & 250 East 8th Street and 300 East 9th Street
SUMMARY: Proof of publication on notice of public hearing to consider approval of a
request from the City of Dubuque to rezone property located at 221 & 250
East 8th Street and 300 East 9th Street from HI Heavy Industrial to
Planned Unit Development with a PC Planned Commercial description;
and the Zoning Advisory Commission recommending approval.
ORDINANCE Amending Title 16, The Unified Development Code of the
City of Dubuque Code of Ordinances by Amending Ordinance 02-12
Which Established Regulations for a PUD Planned Unit Development
District with a Planned Commercial Designation for the Historic Millwork
District PUD and now Being Amended to Allow for the Inclusion of 221 &
250 E. 8th Street and 300 E. 9th Street
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion A, Super
Majority Required
ATTACHMENTS:
Description Type
❑ Commission Letter Supporting Documentation
❑ City Application Supporting Documentation
❑ Staff Report with Attachments Staff Memo
❑ PUD Ordinance Ordinance
❑ PUD Ordinance Exhibits Supporting Documentation
❑ ZAC Minutes 1-7-15 Supporting Documentation
❑ Staff Memo-Tabling Staff Memo
❑ Staff Memo-HMD Revitalization Summary Staff Memo
❑ Staff Memo-Notifications Staff Memo
❑ Staff Memo-HMD Master Plan Staff Memo
❑ JELD-WEN Objections Supporting Documentation
❑ Staff Memo-Response to JELD-WEN Objection Staff Memo
❑ Proof of Publication Supporting Documentation
Planning Services Department Dubuque
City Ball THE CITY OF
50 Dubuque,
e,1A 520 D Taj E
Dubuque,IA 52001-4864 711*I�• lJ +�
(563)589-4210 phone !!!
(563)589-4221 fax mar-mu•mn Masterpiece on the Mississippi
(563)690-6678 TDD
planning®cityofdubuque.org
February 9, 2015
The Honorable Mayor and City Council Members
City of Dubuque
City Hall — 50 W. 13th Street
DubuquelA 52001
Applicant: City of Dubuque
Location: 221 & 250 E. 8th Street and 300 9th Street
Description: To rezone property form HI Heavy Industrial to Planned Unit Development
with a PC Planned Commercial designation.
Dear Mayor and City Council Members:
The City of Dubuque Zoning Advisory Commission has reviewed the above-cited
request. The application, staff report and related materials are attached for your review.
Discussion
The Commission held an initial public hearing on this request on January 7, 2015
(minutes enclosed.) Planning Services Manager Laura Carstens spoke in favor of the
request. Staff reviewed the staff report, PUD ordinance and parking.
Jeff Woolworth, JELD-WEN Real Estate asked for additional time to review the
proposal. Commissioners discussed input from the property owners was important.
The Commission tabled the request to February 4, 2015.
At the February 4, 2015 meeting, Planning Services Manager Laura Carstens reviewed
with the Commission the City's request to rezone the subject property to the Historic
Millwork District PUD Planned Unit Development District from Heavy Industrial, noting
that the proposed rezoning will facilitate reuse of the currently vacant industrial building,
and be consistent with adjacent zoning. She further noted that conditions in the
surrounding and impacted properties have changed to warrant rezoning of the property.
She reviewed staff's extensive communications with the impacted property owners.
Carstens reviewed that the requested rezoning is consistent with the Historic Millwork
District Master Plan and the Comprehensive Plan, and supports the Comprehensive
Plan's Land Use and Urban Design goals and Economic Development goals. She
recommended approval.
The Zoning Advisory Commission received and filed several written communications
from Planning Services Staff and a written objection.
Service People Integrity Responsibility Innovation Teamwork
The Honorable Mayor and City Council Members
Page 2
There was one public comment from Doug Henry, Fuerste Law Firm, Co-Council with
Nicole Keller, Goodman Law, P.C., representing JELD-WEN, Inc. in objection that: the
proposed rezoning is contrary to the Comprehensive Plan; contrary to the Unified
Development Code; JELD-WEN, Inc., has not abandoned its industrial use of the
property; the rezoning is arbitrary and capricious and an unreasonable exercise of the
City police power; and that the rezoning is disruptive to the process of identifying a
beneficial use of the property.
Planning Services Manager provided a rebuttal of the objections prepared in
consultation with the Legal Department.
The Zoning Advisory Commission discussed the request, reviewing the allowed uses if
the rezoning was to be approved. Commissioners expressed concern that, though they
believe conditions have changed, the rezoning is against the property owner's wishes
and the value of the property could be diminished if rezoned. The Commission also
discussed the expanded flexibility in the use of the property in the future with rezoning
to PUD.
Recommendation
By a vote of 4 to 1, the Zoning Advisory Commission recommends that the City Council
approve the request.
Because the written objection is from property owners that comprise more than twenty
percent of the property within the area to be rezoned, a super-majority vote of the City
Council is necessary to approve the request, as well as to modify the PUD as
recommended by the Commission.
Respectfully submitted,
� Y -p
Patrick Norton, Chairperson
Zoning Advisory Commission
cc: Barry Lindahl, City Attorney
Maurice Jones, Economic Development Director
., service People Integrity Responsibility Innovation Teamwork
THE CTIY oA Dubuque City of Dubuque
D �7 E C� Planning Services Department
UB E "°°"kP" Dubuque,IA 52001-4805
Masterpiece on the Mississippi Phone: 563-589-4210
1
rP PP .r, Fax: 563-589-4221
planning@citvofdubugue org
PLANNING APPLICATION FORM
❑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
®Rezoning/PUD/ID []Major Site Plan ❑Historic Housing Grant [-]Port of Dubuque Design Review
Please tyne or print legibly in in
Property owner(s): ]eldWen Inc /Wayne C Stewart Phone: N/A
Address: See attached. City: State: Zip:
Fax#: Cell #: E-mail:
Applicant/Agent: City of Dubuque Phone: 563-589-4210
Address: 50 W. 131h St. City: Dubuque State: IA Zip: 52001
Fax#: 563-589-4221 Cell #: E-mail: planning0citvofdubuoue org
Site location/address: 300E 91h St./221 &250 E. a St Neighborhood Association: N/A
Existing zoning: HI Proposed zoning: PUD District: N/A Landmark: ❑Yes ❑ No
Legal Description (Sidwell parcel ID#or lot number/block number/subdivision): See attached.
Total property(lot)area (square feet or acres): 1.87 acres
Describe proposal and reason necessary(attach a letter of explanation, if needed): Redevelopment of surrounding area for
commercial/residential land use makes it appropriate to rezone property from Heavy Industrial to Planned Unit Development.
CERTIFICATION: I/we,the undersigned, do hereby certify/acknowledge that:
1. It is the property owner's responsibility to locate property lines and to review the abstract for easements and restrictive
covenants.
2. The information submitted herein is true and correct to the best of my/our knowledge and upon submittal becomes public
record;
3. Fees are not refundable and payment does not guarantee approval;and
4. All additional required written and graphic materials are attached.
Property Owner(s): Date: /
Applicant/Agent: Date: /7 �/// /
FOR OFFICE USE ONLY—APPLICATION SUBMITTAI CHECKLIST
Fee: Received by: Date: / /7/ Docket:
PLANNING APPLICATION FORM — Attachments
Rezoning of 300 E. 91h St. / 221 & 250 E. 8th St. from HI to PUD
City of Dubuque, applicant
Property Owners:
JELD-WEN, Inc.
P.O. Box 1329
Klamath Falls, OR 97601
Wayne C. Stewart
P.O. Box 49
East Dubuque, IL 60125
Legal Descriptions (County Parcel ID Numbers):
CITY LOT 415A (10-24-484-009)
S 26' OF CITY LOT 415 (10-24-484-005)
CITY LOTS 402, 403, N 262" LOT 415, 416 & 416A (10-24-484-010)
PT OF CITY LOT 509 PT OF 2-4 OF CITY LOT 509A (10-24-485-001)
NW PT OF LOT 1 MIDWEST LUMBER CO PL (10-24-490-001)
CITY LOTS 405, 405A, 406,407,408,409,410, 411,412,413,414 & 2- 417 (10-24-489-002)
REZONING STAFF REPORT Zoning Agenda: January 7, 2015
Property Address: 220 E. 8" Street, 250 E. 81n Street and 300 E. 9ht Street (Parcel
#s 10-24-484-005, 10-24-484-009, 10-24-484-010, 10-24-485-
001, 10-24-489-002 and 10-24-490-001)
Property Owners: Jeld Wen Inc. and Wayne C. Stewart
Applicant: City of Dubuque
Proposed Land Use: Mixed-Use Commercial/Residential Proposed Zoning: PC
Existing Land Use: Vacant/Industrial Existing Zoning: HI
Adjacent Land Use: North — Commercial/Industrial/Vac. Adjacent Zoning: North — PC
East— ROW/Industrial East — HI
South —Vacant/ROW South — PC
West— Commercial/Industrial West— PC
Former Zoning: 1934 — HI Total Area: 2.9 Acres
1975 — HI
1985 — HI
Property History: The property was platted as part of the original City Lot Subdivision
circa 1880. There were factory millwork buildings built here starting in 1918 and Jeld
Wen Fiber products renovated the original millwork buildings in 1978. Jeld Wen ceased
operations within the past year and all but one building used by Stewart Construction
are vacant.
Physical Characteristics: The subject property consists of six level lots that total
approximately 2.9 acres located along the 71h, 8m 9m Washington and Jackson Street
frontages and the Highway 61/151 freeway right-of-way.
Concurrence with Comprehensive Plan: The Comprehensive Plan encourages
mixed use development but also recommends that incompatible uses be buffered from
each other. The 2030 Future Land Use Map calls for this area to be light industrial and
office uses. This area also is a part of the Historic Millwork District Master Plan. The
2009 Master Plan did not address future land use other than industrial for the area as
Jeld Wen's intention to cease operations was not known during the planning process.
Impact of Request on:
Utilities: Existing utilities are adequate to serve the site and storm water
management will comply with established City regulations and policies.
Rezoning Staff Report— 220 E. 8th Street, 250 E. 8" Street and 300 E. 9th Street
Page 2
Traffic Patterns/Counts: IDOT Average Daily Traffic counts indicate 2,900 vehicle
trips per day along 9th Street at the north end of the subject properties and 5,700
vehicle trips per day along White Street southeast of the subject property.
However, as both 9th and 11th Streets have been changed to allow two-way traffic,
these counts are probably not currently accurate. The City is reconfiguring the
street patterns in and around the HMD PC in an effort to facilitate traffic flow and
relieve congestion.
Public Services: Existing public services are adequate to serve the property.
Environment: Staff does not anticipate any adverse impact to the environment
provided adequate erosion control and storm water management are provided
during all phases of new development or during redevelopment of existing
buildings.
Adjacent Properties: The subject properties are bordered on the east and south by
the Highway 611151 right-of-way and a vacant lot. The proposed rezoning should
have little impact on the right-of-way and vacant lot. The property is bordered on
the north and east by businesses located in the Historic Millwork District Planned
Commercial district. Some of these properties are legally non-conforming
commercial and industrial businesses. Incorporation of the subject lot into the
surrounding HMD PC district should insure compatibility between potential
development within the subject property and the surrounding Planned Commercial
district. Redevelopment of the subject property may create additional traffic and
demand on parking. However, the City and private developers are actively creating
surface parking lots and a parking ramp to help provide additional off-street parking
in the district.
CIP Investments: None proposed.
Staff Analysis: The City of Dubuque is proposing to rezone approximately 2.9 acres of
property from Heavy Industrial to Planned Unit Development with a PC Planned
Commercial designation. The property is the current location of Stewart Construction
and the former Jeld Wed millwork facility. The properties accommodate multi-story
brick millwork buildings and have no off-street parking. The intent is to incorporate the
subject lots into the Historic Millwork District PC district.
A detailed analysis of the rezoning comparing the existing HI regulations and the
proposed HMD PC regulations that includes permitted uses, bulk standards and
signage, lighting and parking regulations is attached to this staff report.
Rezoning Staff Report— 220 E. 8th Street, 250 E. 8th Street and 300 E. 9th Street
Page 3
Recommendation: Staff recommends the Commission review Article 9-5 of the
Unified Development Code regarding reclassification of property.
Prepared by: ( + Aem Reviewed: 7 Date: /7 /
City Rezoning of Jeld-Wen and Stewart Properties from HI Heavy Industrial to
Historic Millwork District PUD (Planned Unit Development) District
Introduction
A Planned Unit Development (PUD) district is a planning process and a zoning
classification for the purpose of providing for a unique and flexible arrangement of
residential, business, or industrial uses in accordance with an approved conceptual
development plan. A PUD is established by rezoning an area.
The attached Historic Millwork District PUD Ordinance describes uses, standards,
and development regulations for rezoning of the Jeld-Wen and Stewart properties. The
area to be rezoned is shown on Exhibit A. The PUD rezoning is made in accordance
with the conceptual development plan, shown on Exhibit B. An aerial photograph of the
are to be rezoned also is attached.
The City-initiated rezoning is from the current HI Heavy Industrial District to Planned
Unit Development (PUD) District with a PC Planned Commercial designation. Two
public hearings are required for approval of the rezoning.
Background
The Historic Millwork District Master Plan adopted by the City Council in 2009 is
intended to foster opportunities for retention of existing businesses as well as
recruitment and expansion of new businesses into the substantial floor space that the
existing large warehouses offer. Highlights of the Master Plan include the conversion of
over 1 million square feet of vacant and/or underutilized space into a live, work, play
community.
The existing industrial uses, and the growing adaptive reuse of these warehouses into a
mix of office, commercial, entertainment, and residential uses, are supported by the
Master Plan's unique qualities of melding market opportunities, sustainable design,
historic preservation and sound planning principles.
The Historic Millwork District PUD Ordinance adopted by the City Council in 2010
sets forth uses, standards, and a conceptual plan for this revitalization area. The
allowed uses were based on the previous zoning classifications of C-4 Downtown
Commercial District and HI Heavy Industrial District. The Historic Millwork District
Master Plan was used to further refine the uses, bulk regulations, and performance
standards described in the PUD ordinance.
Discussion
The uses allowed in the HI zoning district form the basis for the uses in the PUD.
Currently, commercial services, wholesale and manufacturing uses are permitted uses
1
City Rezoning of Jeld-Wen and Stewart Properties from HI Heavy Industrial to
Historic Millwork District PUD (Planned Unit Development) District
while residential uses above the first floor and retail sales and service are conditional
uses in the HI District. The proposed PUD ordinance "flips" this use configuration.
The Architectural Guidelines are incorporated into the PUD in accordance with the
Historic Millwork District Master Plan. Variances from the guidelines are reviewed by the
Historic Preservation Commission.
Major discussion points for the rezoning from HI to PUD follow:
1. Comparison of HI and PUD Uses. The handout of Section 5-16 HI Heavy
Industrial of the City's Unified Development Code shows the HI uses deleted
from the PUD uses in strikethrough text. Some product sales and manufacturing
uses have been moved from permitted uses to conditional uses.
Existing wholesalers and manufacturing uses that would become conditional
uses are allowed to continue; however, any expansion requires approval of a
conditional use permit by the Zoning Board of Adjustment. The Board is five
residents appointed by the City Council and meets monthly. Applications
generally are handled in less than 30 days, and most requests are approved.
2. Since the Master Plan speaks to residential uses on the ground floor, the PUD
allows residential uses on all building levels. The HI conditional use of residential
units is deleted from HI, since this use is allowed in the PUD.
3. In the bulk regulations section, the maximum building height (now 150 feet in
the HI district) is eliminated, so there is no maximum building in the PUD.
Building height is regulated through application of the Architectural Guidelines to
all redevelopment and new construction.
4. Off-premise signs are prohibited in the PUD; currently, they are allowed in the
HI district. On-premise signs in the PUD would follow the C-4 sign regulations
(see attachment) for their flexibility over the HI sign regulations for multiple uses
in a single building. Free-standing signs would be limited to monument style
signs, such as the sign at the Wilmac property, as opposed to pole signs.
5. The Performance Standards include a guiding sustainability theme, and then go
on to list the specific standards that will regulate development. These are
discussed in more detail below.
6. The Conceptual Development Plan references the Development Summary of
the Master Plan, and it is attached as Exhibit B. The conceptual development
plan allows flexibility in ground floor uses.
7. HI District -- off-street parking. It does not appear that the Jeld Wen and
Stewart Properties have any dedicated off-street parking since all, or a significant
2
City Rezoning of Jeld-Wen and Stewart Properties from HI Heavy Industrial to
Historic Millwork District PUD (Planned Unit Development) District
portion of, the parking located on the streets surrounding the buildings is located
solely, or partially, on the public right-of-way.
The City's Unified Development Code gives a parking credit for the former use of
a building or property (grandfather status). This credit encourages adaptive
reuse of a building without requiring a variance or demolition to create additional
surface parking.
The credit given for manufacturing is one space for each employee on the
maximum shift plus one space for each service vehicle. So, let's say that Jeld-
Wen had 70 employees and 10 trucks. The buildings and property would have a
80 off-street parking space credit. Therefore, a new business or industry could
relocate in these buildings and use up to the 80 space credit before additional
off-street parking would be required. Planning Service staff notes that you can't
park in a credit. So, even though there is a parking credit with a business, the
parking status quo may not satisfy their needs.
8. PUD District— off-street parking is not required as part of the Historic Millwork
District PUD; however, if a property owner chooses to provide surface off-street
parking, the City Council must first approve the request and the PUD regulations
apply. Off-street parking spaces in a building are allowed as an accessory use,
subject to other City Codes. Parking structures (ramps) are allowed in the PUD
subject to City Council review and the PUD standards.
9. Site lighting, open space, stormwater management, and exterior trash
collection areas are regulated in the PUD similarly to elsewhere in the city.
Exterior storage is allowed in the PUD.
10.The PUD considers the "three-dimensional" regulation of land uses due to
the number of stories and large floor plates of the historic warehouse buildings.
Based on the Master Plan recommendations, the site development section of the
Performance Standards provides this guidance for development in the PUD:
A. Final site development plans shall be submitted in accordance with
provisions of Article 12 (Site Plans) and Article 13 (Site Design Standards) of
the Unified Development Code prior to construction or expansion of any
buildings, free-standing signs, or parking facilities [as they would elsewhere in
the city]. The Architectural Guidelines apply to site development in the PUD.
B. Residential uses should be focused on the north side of the District, from 9th
Street to 12th Street.
C. Retail uses should be clustered around each other and adjacent to public
spaces, such as at the intersection of 10th and Washington Streets, in the
3
City Rezoning of Jeld-Wen and Stewart Properties from HI Heavy Industrial to
Historic Millwork District PUD (Planned Unit Development) District
Farley & Loetscher and Kirby Buildings along 7th Street, and in a highly visible
commercial corridor at the east edge of the District along Elm Street.
D. Land uses should transition from industrial on the south to residential on the
north, with new commercial or mixed use buildings along the new block to be
created by realigning Elm Street.
Rezoning from HI to PUD -- Review and Approval Process
In the rezoning process from HI Heavy Industrial to the Historic Millwork District PUD for
the Jeld-Wen and Stewart properties, the City of Dubuque is the applicant. Planning
Services staff are available to meet with the property owners during the process.
A public hearing is scheduled with the Zoning Advisory Commission for Wednesday,
January 7, 2015. After holding the public hearing, the Commission will provide a
recommendation to the City Council. Notices of the Commission's public hearing are
mailed to the owners of the Jeld-Wen and Stewart properties, the property owners
within the existing PUD District, and the owners of property within 200 feet of the current
and proposed PUD boundaries.
The City Council then will schedule its own public hearing. The City Council makes the
final decision on the PUD rezoning.
If a written objection to the PUD rezoning signed by the owners of the Jeld-Wen and
Stewart properties is filed with the City Clerk, approval of the rezoning will require a
super-majority vote (6 to 1) by the City Council.
F:IUSERSILCARSTEMWPWillwork District\HMO PUDUeld Wen boundary amendmarbHMD PUD Rezoning Handout Jeld-Wen&Stewart.doc
4
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Jel`d=Wen Proper (l red)
Stewart Proortry (in green).
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!- Zoning District Boundary 83,000 sq.ft.
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20,5006 It.
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Jeld-Wen`(Prope rtiesTotal,l
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Jeld Wen Properly is
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Comparison of HI Heavy Industrial District and
Historic Millwork District PUD (Planned Unit Development) Ordinance
Rezoning of Jeld-Wen & Stewart Properties
UDC Section 16-5-19HI Heavy Industrial
The HI District is intended to provide locations for industrial uses which by their nature generate
levels of smoke, dust, noise, odors, or other visual impacts that render them incompatible with
virtually all other land uses. The district is also intended to provide locations for a limited
amount of commercial development that will serve employees of surrounding industrial uses.
5-19.1 Principal Permitted Uses
The following uses are permitted in the HI district:
1 ^grie.,'t..-a' supply sales Moved to conditional uses
2. Animal hospital or clinic
3 Moto pEP ft sales
A Aute ..t„A g station
5. Bakery(wholesale/commercial)
6. Bank, savings and loan, or credit union
7. Bar or tavern
8. Business services
n Gafwash, ftill
10. Gamash, self
12. Censtruetien supply—,ake&-a��Moved to conditional uses
13. G t tars shop a_yard Moved to conditional uses
44. Gn"venipnop. store-
15. Gr-effiatoriffm,Feduetion laR4 found.-7y, f o �
16. Drive automated bank tel'. Moved to conditional uses
17. Faffn impleffie-at sales, serviee eruY..
18. ne-igattfans er ae44y Moved to conditional uses
19. Fuel ef iee deale
Comparison of HI Heavy Industrial District and
Historic Millwork District PUD (Planned Unit Development) Ordinance
Rezoning of Jeld-Wen & Stewart Properties
20. Furniture upholstery or repair
21. General office
23. Indoor recreation facility
24. Indoor restaurant
25. Yfflgc�wd or salvage yard
26 Fennel
27. Laboratory for research or engineering
28 r tm4be.•_ and or building...,..e..".1 sale.,Maved to conditional uses
29. Mail order house
30. nn,nun eturing,primary-Moved to conditional uses
31. >\ anu f eturing, seeenaan.Moved to conditional uses
32. Dental or medical lab
33 Mini y fehatisi g
31 Nlebile home sales
35. Moving or storage e,.,.al:t<,Moved to conditional uses
36. Off street..adEing !at
37. Paekaging,pr-eeessing, or storing ffleat, dairy of food produets
38. Passenger transfer facility
39. Parking structure
A 1 Det A... eare ..
42. Printing or publishing
43. Railroad or public or quasi-public utility, including substation
Comparison of HI Heavy Industrial District and
Historic Millwork District PUD (Planned Unit Development) Ordinance
Rezoning of Jeld-Wen & Stewart Properties
4 n Rest,.....,.. t a.a. in of eaffyout Moved to conditional uses
4 5. SEfflitafy landfill
nti�- Service stE6e i
477 Q...... e4,re a«..o..tphant
48et....ghterhe.is&-. ..t,.,.v.,,,..4
4 9. Tool, die, or pattern makin
50. Upholstery shep
5 1. Vehicle bedy shop
52. Vehicle sales or r-e . t Moved to conditional uses (vehicle rental)
53 Vehiele serviee repaif
54. Vending or game machine sales or service
55. Warehousing, or storage facility
cc welding s
57. Wholesale sa' 4• ' Moved to conditional uses
5-19.2 Conditional Uses
The following conditional uses may be permitted in the HI district, subject to the provisions of
Section 8-5:
2. Licensed child care center
Dei eatial use Moved to principal permitted uses
Retail ' 4 serN4ee Moved to principal permitted uses
3. Wind energy eonversion system-
5-19.3 Accessory Uses
The following uses are permitted as accessory uses as provided in Section 3-7:
1. Any use customarily incidental and subordinate to the principal use it serves.
z. Wind t c-vine (building-xxoaito.).
Comparison of HI Heavy Industrial District and
Historic Millwork District PUD (Planned Unit Development) Ordinance
Rezoning of Jeld-Wen& Stewart Properties
58 Drive Hp at4amated bank teller.Moved to conditional uses
5-19.4 Temporary Uses
The following uses may be permitted as temporary uses in the HI district in conformance with
the provisions of Section 3-19:
1. Any use listed as a permitted use within the district.
5-19.5 Parking
Minimum parking requirements shall be regulated in conformance with the provisions of Article
14.
5-19.6 Signs
Signs shall be regulated in conformance with the provisions of Article 15.
5-19.7 Bulk Regulations
Setback
Min Lot Min Lot Front(feet) Max
HI Heavy Industdal Area Frontage
feet) (feet)
®�
—Vehicle Sales 20,000 j _ 150
All Other Uses ( --- _ --- --- � _ --- I --- 150
When abutting a residential or office-residentail district,a 20-foot side setback is required.
]When abutting a residential or office-residentail district,a 20-foot side setback is required.
F:\USERS\LCARSTEN\WP\M 11work Distriel\HMD PUDUeld Wen boundary an endnrcnt\H1 uses vs HMD PUD uses.doe
IIIII 111111IIIIIII11111111
ilii
1111111 11111
iii
111 1111
Doc ID 008187270014 Type GEN .
Kind ORDINANCE
Recorded: 02/20/2015 at 02:37:11 PM
Fee Amt: $72.00 Page 1 of 14
Dubuque County Iowa
John Murphy Recorder
File2015-00001829
Prepared by: Laura Carstens, City Planner Address: 50 W. 13th St. City Hall Telephone: 589-4210
Return to: Kevin Firnstahl, City Clerk, Address: City Hall- 50 W. 13}h Street Telephone: 589-4121
ORDINANCE NO. 10-15
AN ORDINANCE AMENDING TITLE 16, THE UNIFIED DEVELOPMENT CODE OF THE
CITY OF DUBUQUE CODE OF ORDINANCES BY AMENNDING ORDINANCE 02-12
WHICH ESTABLISHED REGULATIONS FORA PUD PLANNED UNIT DEVELOPMENT
DISTRICT WITH A PLANNED COMMERCIAL DESIGNATION FOR THE HISTORIC
MILLWORK DISTRICT PUD AND NOW BEING AMENDED TO ALLOW FOR THE
INCLUSION OF 221 & 250 E. 8TH STREET AND 300 E. 9th STREET.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That Title 16, the Unified Development Code of the City of Dubuque Code
of Ordinances is hereby amended by amending Ordinance 02-12 and 38-13 which
established regulation for a Planned Unit Development District with a Planned Commercial
District designation and now being amended to allow for the inclusion of the following
described property, to wit:
City Lot 415A (10-24-484-009), S 26' of City Lot 415 (10-24-484-005), City Lots
402, 403, N 25'2" Lot 415, 416 & 416A (10-24-484-010), Pt of City Lot 509 Pt of
2-4 of City Lot 509A (10-24-485-001), NW Pt of Lot 1 Midwest Lumber Co PI
(10-24-490-001), City Lots 405, 405A, 406, 407, 408, 409, 410, 411, 412, 413,
414 & 2- 417 (10-24-489-002) highlighted in Exhibit A, and to the centerline of
the adjoining public right-of-way, all in the City of Dubuque, Iowa.
A. Use Regulations.
The following regulations shall apply to all uses made of land in the
above-described PC Planned Commercial District:
Principal permitted uses: The following uses are permitted in the
Historic Millwork District PUD:
1. Places of religious exercise or assembly.
17,0° C1scAL
JeldWen Historic Millwork District PUD Amendment Page 2
2. Public, private or parochial school approved by State of Iowa (K-12).
3. Public or private park, golf course, or similar natural recreation area.
4. Railroad and public or quasi -public utility, including substation.
5. Residential use.
6. Housing for the elderly and persons with disabilities (not identified
with (5) above).
7. Noncommercial art gallery.
8. Museum or library.
9. School of private instruction.
10. Private club.
11. General office.
12. Medical office or clinic.
13. Dental or medical lab.
14. Barber or beauty shop.
15. Hotel.
16. Shoe repair.
17. Laundry or drycleaner.
18. Bakery (wholesale or commercial).
19. Retail sales or service.
20. Indoor restaurant.
21. Bar or tavern.
22. Supermarket.
23. Tailoring or alterations.
24. Furniture or home furnishing.
25. Appliance sales or service.
JeldWen Historic Millwork District PUD Amendment Page 3
26. Animal hospital or clinic.
27. Laundromat.
28. Furniture upholstery or repair.
29. Artist studio.
30. Photographic studio.
31. Neighborhood shopping center.
32. Business services.
33. Department store.
34. Auditorium or assembly hall.
35. Indoor theater.
36. Bank, savings and loan, or credit union.
37. Indoor amusement center.
38. Vending or game machine sales and service.
39. Indoor recreation facility.
40. Mail order house.
41. Printing or publishing.
42. Parking structure.
43. Vocational school.
44. Business or secretarial school.
45. Passenger transfer facility.
46. Warehousing and storage facility.
47. Artisan production shop.
Accessory Uses: The following accessory uses are permitted in the
Historic Millwork District PUD:
1. Any use customarily incidental and subordinate to the principal use it
serves.
JeldWen Historic Millwork District PUD Amendment Page 4
2. Boiler system in use as part of an industrial business or use.
3. Outdoor seating as part of an indoor restaurant, bar or tavern.
Conditional Uses: The following conditional uses are permitted in the
Historic Millwork District PUD, subject to the provisions of Article 8 of the
Unified Development Code that establishes requirements for application to
the Zoning Board of Adjustment for a conditional use permit, and any
other specific conditions listed below for a conditional use.
1. Drive-in or carry -out restaurant.
2. Drive -up automated bank teller.
3. Vehicle rental.
4. Construction supplies sales and service.
5. Contractor shop or yard.
6. Wholesale sale/distributor.
7. Agricultural supply sales.
8. Lumberyard or building materials.
9. Laboratory for research, development or engineering, provided that
such use complies with all local, state, and federal regulations
governing hazardous substances, hazardous conditions, hazardous
wastes, and hazardous materials.
10. Freight transfer facility.
11. Moving or storage facility.
12. Millworking.
13. Manufacture, assembly, repair or storage of electrical or electronic
products, components or equipment.
14. Manufacture or assembly of musical instruments; toys; watches or
clocks; medical, dental, optical or similar scientific instruments;
orthopedic or medical appliances; signs or billboards.
15. Manufacturing, compounding, assembly or treatment of articles or
products from the following substances: clothing or textiles; rubber,
precious or semiprecious stones or metals; wood; plastics; paper;
JeldWen Historic Millwork District PUD Amendment Page 5
leather; fiber; glass; hair; wax; metal; concrete; feathers; fur; cork;
and celluloid or cellulose products.
16. District energy system.
17. Private energy generation facility.
18. Exterior storage.
19. Licensed child care centers, provided that:
a. Such facility shall supply loading and unloading spaces so as
not to obstruct public streets or create traffic or safety hazards;
b. All licenses have been issued or have been applied for and are
awaiting the outcome of the state's decision; and
c. Such use shall not be located within the same structure as any
gas station, bar/tavern, automated gas station or any facility
selling, servicing, repairing, or renting vehicles.
d. The conditional use applicant certifies that the premises on
which the licensed child care center will be located complies
with, and will for so long as the licensed child care center is so
located, continue to comply with all local, state and federal
regulations governing hazardous substances, hazardous
conditions, hazardous wastes, and hazardous materials.
e. If the applicant is subject to the requirements of Section 302 of
the Superfund Amendments and Reauthorization Act of 1986,
as amended, the Emergency Management Director shall certify
whether or not the applicant has submitted a current inventory
of extremely hazardous substances kept or stored on the
premises. If any such extremely hazardous substances are
kept or stored on the premises, the applicant shall also post in
a conspicuous place on the premises a notice indicating a
description of the extremely hazardous substances, and the
physical and health hazards presented by such substances.
f. Applicant shall submit an evacuation plan for approval by the
City, both written and drawn, that details where the children will
go in the event of a hazardous materials incident. The plan
shall include a "house in place" scenario in which the children
can be kept safely within a room of the building that has no
penetration to the outside (windows, doors, etc).
g.
Applicant shall submit plans for approval by the City that
indicate the installation of a main emergency shut-off switch for
JeldWen Historic Millwork District PUD Amendment Page 6
the heating, ventilation, and air conditioning (HVAC) system to
minimize the infiltration risk of airborne hazardous materials.
B. Lot and Bulk Regulations.
The following bulk regulations shall apply in the Historic Millwork District
PUD, subject to the provisions of the Unified Development Code.
1. Setbacks:
a) Front yard = 0 feet
b) Side yard = 0 feet
c) Rear yard = 0 feet
2. Building Height = no maximum.
3. New Construction Transition. New construction on the blocks
between 12th Street and 11th Street should transition in scale from
the Washington Neighborhood to the District PUD.
C. Sign Regulations.
1. The number, size and location of signs in the Historic Millwork
District PUD shall be regulated in accordance with Exhibit C and all
other applicable regulations of Article 15 of the Unified Development
Code.
2. A comprehensive sign plan is required as part of the sign permit
submittal for all multi -tenant buildings.
3. Free-standing signs in the District PUD shall be monument -style
signs.
4. The design of signage shall comply with the Downtown Design
Guidelines for signs. Waiver requests from these guidelines shall be
reviewed by the Historic Preservation Commission in accordance
with the provisions of Article 10 of the Unified Development Code.
5. Variance requests from sign requirements established in Article 15
of the Unified Development Code shall be reviewed by the Zoning
Board of Adjustment in accordance with provisions of Article 8 of the
Unified Development Code.
6. Off -premise signs are prohibited in the Historic Millwork District PUD.
D. Performance Standards.
Creation of a viable, equitable, and livable mixed-use neighborhood in the
Historic Millwork District PUD that includes residential, retail, office,
commercial, and industrial uses requires both strategy and flexibility for its
JeldWen Historic Millwork District PUD Amendment Page 7
sustainability. The development and maintenance of uses in the Historic
Millwork District PUD conceptually should follow the goals, objectives, and
recommendations of the Historic Millwork District Master Plan,
incorporated herein by reference and on file in the Planning Services
Department. The development and maintenance of uses in the Historic
Millwork District PUD shall be regulated as follows:
1. Conceptual Development Plan
a. Referenced herein as Section 5. Development Summary of the
Historic Millwork District Master Plan, and shown on Exhibit B,
on file in the Planning Services Department, and made a part
of this zoning reclassification by reference as the Conceptual
Development Plan for the Historic Millwork District PUD.
b. It is recognized that minor shifts or modifications to the general
plan layout may be necessary and compatible with the need to
acquire workable street patterns, grades and usable building
sites.
c. The Land Use / Development Patterns depicted in the Historic
Millwork District Master Plan for ground floor uses reflect a
predominance of residential uses; however, for District
sustainability, these ground floor uses shall be characterized
by a flexible designation for the Historic Millwork District PUD
Conceptual Development Plan as shown in Exhibit B.
2. Parking Regulations
Off-street parking is not required as part of the Historic Millwork
District PUD. Off-street parking spaces may be provided in a building
as an accessory use, subject to review and approval under Building,
Fire, and other applicable City Codes. If a property owner chooses
to provide surface off-street parking within the District PUD, the City
Council must first approve the request and the following regulations
shall apply:
a. Parking lot design shall comply with the Downtown Design
Guidelines for surface parking Tots.
b. All vehicle -related features shall be surfaced with standard or
permeable asphalt, concrete, or pavers.
JeldWen Historic Millwork District PUD Amendment Page 8
c. Curbing and proper surface drainage of storm water shall be
provided.
d. All parking and loading spaces shall be delineated on the
surfacing material by painted stripes or other permanent
means.
e. The size and design of parking spaces shall be governed by
applicable provisions of the Unified Development Code
enforced at the time of development of the lot.
f. 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.
3. Parking Structures. Parking structures (ramps) are allowed in the
Historic Millwork District PUD subject to City Council review and the
following standards:
a. Parking structures shall comply with the Downtown Design
Guidelines for parking facilities.
b. The size and design of parking spaces shall be governed by
applicable provisions of the Unified Development Code
enforced at the time of development.
c. 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.
4. Site Lighting
a. Exterior illumination of site features shall be limited to the
illumination of the following:
i. Parking areas, driveways and loading facilities.
ii. Pedestrian walkway surfaces and entrances to building.
iii. Building exterior.
b. Location and Design
i. All exterior lighting luminaries shall be designed and
installed to shield light from the luminaries at angles
above 72 -degrees from vertical.
JeldWen Historic Millwork District PUD Amendment Page 9
ii. Fixtures mounted on a building shall not be positioned
higher than the roofline of the building.
iii. All electrical service lines to posts and fixtures shall be
underground and concealed inside the posts.
iv. The design of exterior lighting luminaries shall comply
with the Downtown Design Guidelines for signs. Waiver
requests from these guidelines shall be reviewed by the
Historic Preservation Commission in accordance with
the provisions of Article 10 of the Unified Development
Code.
5. Open Space
It is the intent of these regulations that the development of open
spaces (if provided) shall reflect a high quality of environmental
design. The following provisions shall apply.
i. Open space plans are required as part of submittals for
site plan review. Such plans are to include type, number
and size of proposed plantings, paving and other open
space amenities. Open space areas shall be designed
in compliance with Downtown Design Guidelines and the
Historic Millwork District Master Plan.
ii. Within one (1) 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 open
space amenities shall be installed.
Stormwater Management
The developer shall be responsible for providing stormwater
management in a means that is satisfactory to the City Engineer and
consistent with the Historic Millwork District Master Plan.
Sustainable, low impact development techniques for stormwater
management approved by the City Engineer will be used where
feasible. Other applicable regulations also enforced by the City
Engineer relative to stormwater management and drainage shall
apply to the subject property.
7. Exterior Trash Collection Areas
JeldWen Historic Millwork District PUD Amendment Page 10
a. The storage of trash and debris shall be limited to that
produced by the principal permitted use and accessory uses of
the lot.
b. All exterior trash collection areas and the materials contained
therein shall be visually screened from view. The screening
shall be completely opaque fence, wall or other feature not
exceeding a height of 10 feet measured from the ground level
outside the line of the screen. Screens built on sloping grades
shall be stepped so that their top line shall be horizontal. All
exterior entrances to a screened trash area shall be provided
with a gate or door of similar design to that of the screen.
c. Exterior trash collection areas shall comply with the Downtown
Design Guidelines for service areas.
8. Exterior Storage
a. Exterior storage is allowed in the Historic Millwork PUD District.
Exterior storage areas shall comply with the Downtown Design
Guidelines for service areas.
b. The use of semi -trailers and/or shipping containers for storage
is prohibited.
9. Final site development plans shall be submitted in accordance with
provisions of Article 12 and Article 13 of the Unified Development
Code prior to construction or expansion of any buildings, free-
standing signs, or parking facilities. The Downtown Design
Guidelines shall apply to site development in the District PUD, and
shall take precedence over the Design Standards for Big Box Retail
Uses (over 100,000 square feet) and the Design Standards for
Retail Commercial Uses (over 60,000 square feet) and Regional
Shopping Centers in Article 13 of the Unified Development Code.
10. Retail uses should be clustered around each other and adjacent to
public spaces, such as at the intersection of 10th and Washington
Streets, in the Farley & Loetscher and Kirby Buildings along 7th
Street, and in a highly visible commercial corridor at the east edge of
the District along Elm Street.
11. Land uses should transition from industrial on the south to
residential on the north, with new commercial or mixed use buildings
along the new block to be created by realigning Elm Street in
accordance with the Historic Millwork District Master Plan.
E. Other Codes and Regulations
JeldWen Historic Millwork District PUD Amendment Page 11
1. Service Lines. All electric, telephone, cable, or other similar utility
lines serving the building and other site features shall be located
underground, where feasible.
2. These regulations do not relieve the owner from other applicable
city, county, state or federal codes, regulations, laws and other
controls relative to the planning, construction, operation and
management of property within the city of Dubuque.
F. Transfer of Ownership
Transfer of ownership or lease of property in the Historic Millwork
District PUD 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 PUD.
G. Recording
A copy of this PUD Ordinance shall be recorded, at the expense of the
City of Dubuque, with the Dubuque County Recorder as a permanent
record of the conditions accepted as part of this reclassification
approval. This ordinance shall be binding upon the undersigned and
his/her heirs, successors and assigns.
Section 2. The foregoing amendment has heretofore been reviewed by the
Zoning Advisory Commission of the City of Dubuque, Iowa.
Section 3. The foregoing amendment shall take effect upon publication, as
provided by law.
Passed, approved and adopted this 16th day of Feb r�,taary, 2015.
Attest:
Roy D. Buol, N,iyor
Kevin S. Firnstahl, City C erk
EXHIBITA
Historic Millwork District PUD
D
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PQ
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4 a �
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Legend
5 Historic Millwork District PUD
®PUD
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Base Data Provided by Dubuque County GIS
Exhibit B
5.Development Summary
Land Use/ Development Patterns
I
Rehabilitation and New Construction Ground Floor Uses
fi
c aq� &'
ifa t •.. Arc.a, , °
F
1 ,
A Y r 6
v
ZZ k1
t
IF
ll
{ ,' A {
Usting Buildings:Rehabilitation Retail
®New Construction Q approximately 97,000 sf re[all/ ((
Residential restaurant
O Parking O approximately10,000sF retail/
restaurant
®Flexible
Iff l l
GUNINGH RM -
K O V It
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper
on the following dates: February 20, 2015, and for which the charge is $196.64.
Rize
Subscribed to before me, a Notar Public in and for Dubuque County, Iowa,
this day of , 20 ,.
otary Public in and for Dubuque County, Iowa.
NiAM. K, WESTEFitiEYER
Commission Numbo.r 154885
My Corin. Exo, FEB. 1, 2017
!OFFICIAL
PUBLICATION ' I
ORDINANCE NO.10-15. I
AN,.ORDINANCE;.
AMENDING TITLE 16,,
THE UNIFIED DEVEI:-
OPMENY-,CODE OF;
THE-.:. CITY ;; OF
DUBUQUE CODE OF
ORDINANCES BY
, AMENDING ORDI-
NANCE
02-12 WHICH I
ESTABLISHED REGU-
LATIONS FORA PUD
PLANNEDDE-
VELOPMENT DE-
''UNIT
V ' DIS- .
TRICT WITH A .,
PLANNED • COMMER- i
, CIAL DESIGNATION 'I
FOR, = THE . HISTORIC
MILLWORK; DISTRICT
PUD._ AND' Now BEING
AMENDED TO' ALLOW f
FOR ;THE .INCLUSION i
OF 221 &`250'E 8TH
STREET AND 300 E
9th STREET:,: .
NOW THEREFORE BE
IT ORDAINED BY THE
CITY COUNCIL'OF THE
• CITY pF • DUBUQUE,
IOWA;
Section 1 That Title 1
16 the Unified 1
Development Code ";of 1
the• City of.•bubuque
Code of Ordinances is
hereby amended : by
amending ' Ordinance
02-12 and 38-13 which
established regulation
for 'a Planned Unit
Development '-District
with a . ,:Planned
Commercial District
designation and • now
being amended ' to
allow for the inclusion
of the . following des-
cribed property, to wit:
• City -Lot 415A (10-24-
484-009), S'"26' of. City
Lot 415 (10-24-484=005),
City;=Lots 402; 403, N
252". U4'415,1 416' &
416/A' (10-848010),
010),
Pt of City; Lot 509 "Pt of
2-4,of City Lot 509A (10;
24-485001), NW Pt of
Lot.1 Midwest Lumber,
Co PI • (10-24-490-001),
City Lots 405, 405A,
, 406, :407, 408, .409, 410,
' 411, 412 .413, 414. &:2-
417 • (10-24-489-002)
highlighted in Exhibit
A, and to the centerline
of the adjoinirfg •public
right='of way; all "in the
City of Dubuque, lowa.
A. Use Regulations..
The following regu-
lations shall apply to
all uses Made .of land in
the above=described
PC •Planned -Cummer
ciai District
Principal permitted
uses: The -following
uses: are permitted • in
the Historic ^Millwork
• District PUD:. ,
•1. Places of religious
exercise or. assembly.,
2. Public, private- or
parochial school ap-
• Iowa (K -12 b). `St•
ate of
3. Public or private
park, . golf course, or
similar natural recre-
ation area.
4 Railroad and public
or quasi -public `utility,
including substatton.
5. Residential use.
6. Housing for the
elderly, and persons
with disabilities (not
identified' . with (5)
above):.
Noncommercial art
7
gallery
• $ Museum or library.
9:.school. of`private
Jnstructior%;
10. Private club.
11. General office.
12. Medical office or
clinic. .•
13. Dental or medical
, lab. •
14 Barber or beauty
s15pHotel.
16:Shoe: repair..,
17, Laundry or dry-
clea'per.
• 18. Bakery (wholesale
or commercial).
19. Retail sales or
service. `.• '
', 20. Indoor restaurant.
21. Bar or tavern. •
2 Supermarket.
;23. tailoring.,, or
alterations
24. Furniture or hdme
furnishing... ,
25Appliance sales or.
service:: .
26 •Animal. hospital or
clinic.
27 Laundromat. •-
28• Furniture' uphol
steryor;repair.
29. Artist studio..
30 Photographic stu-
dio.. : •
31. '.Neighborhood
shopping center. '.
32. Business services.
33 Department store.
Auditorium or
assembly hall.
35. Indoor theater.
36. Bank, savings and
loan, or.credit union.
37. Indooramusement
center:
38. Vending or game
machine', sales .and
service.,
39: Indoor •recreation
facility. `--
40. Mail order house.
'41. Printing or':pub-
lishing.. ' •
42. Parking structure.
43. Vocational school.
44.;Business"or sec-
retarial ;school .
45. Passenger transfer
facility.
46.'.Warehousing and.
storage facility. i'
47. Artisan production
Shop. i''
Accessory Uses: The
following accessory
• uses are permitted in
• the, Historic 'Millwork
District PUD:
1. :Any use cus-
tomarily incidental and
• Subordinate to the.
• principatuse it serves.
2. Boiler system in use
as part of pn industrial
business.oruse.
3. Outdoor seating as
part ,of, an:
indoor
restaurant bar •or
tavern. ,
Conditional Uses:
The following . condi-
tipnal • uses are
permitted in the
Historic Millwork Dis-
trict PUD, subject to
the ,provisions -;of.
Article 8 of the Unified
Development Code that
establishes _ require-
ments,rfor •'application
to theZon ng -Board of
Adjustment'' for a
conditional,use ;permit,
and any other specific
conditions, listed • below
for a conditional use..
1. Drive-in or carry,
out restaurant. -
u n
o
2.Drlye,up automated
bank teller: ,
3. Vehicle rental. .•
4. Construction sup-,
plies sales and service.
5. Contractor•shop or
v6, Wholesale sale/dis-
tributor.
7. Agricultural supply
sales. . -
8. -Lumberyard' : or
building materials.
9, Laboratory for
research, development
or engineering; pro-
vided that, such : use
complies with all local,
state, and federal
regulations governing
hazardous substances,
'hazardous conditions,
hazardous wastes, and
hazardous materials. •
10 Freight transfer
'facility..
• 11 Moving or storage
I facility. ;•
12 Millworking.-•
13, Manufacture,
assembly, repair or
`storage of electrical, or
electronic products,
components or. equip-
ment.
14 Manufacture or
assembly .;of m-'usical
instruments; toys;
watches, :• or., .clocks;
medical, dental, -optical
or . similar scientific
instruments; orthope-
dic, or; • medical
appliances;,. signs ,or
billboards.
15 ,Manufacturing, •
cornpounding, .assem-
bly or treatment :• of
articles or products
from, the following
substances_ clothing; or
textiles; rubber; .•pre-
cious or, semiprecious
stones,' ",or -.metals;
wood;• plastics;. paper;
leather; fiber; glass;
hair , ,wax; metal;
concrete; leathers; fur;
cork, and ,;celluloid :;or
cellulose products.:
• 16 District energy
system '•
17. Private energy
generation. facility.
18 Exterior, storage:,
19,r. Licensed child
care centers, provided
that : '
a Such':facility shall
supply loading • and
unloading spaces So: as
not to,. obstruct public
streetsor,create traffic
or safety;lazards;
• b. Ail licenses; have
been ,issued,. or have
been applied forand
are ..- awaiting • , the
• outcome of the,state's
decision; and•
c. Such use' shall not
be located within the
• same structure as any
gas station, bar/
I
Legai Notices
tavern,'automated gas
station or any facility
,selling, servicing, • re-
pairing, ,or renting
vehicles.
d. The conditional use
applicant certifies that
the'premises on ,which
the licensed child care
center will be located
,complies with, and will
for so long as the
licensed child care
center is so located,
continue to comply
with all local, state and
federal regulations
governing -• hazardous
substances; hazardous
conditions,:; hazardous.
wastes, and hazardous
materials:
e; Jf the applicant .is
subject to the require-
ments of Section 307_ of
the Superfund Amend-
ments add Reauthbr-
ization Act. of 1986; as
amended, ' the. , Emer-
gency Management
Director shall certify
whether: or not the
applicant. has submit-
ted a current inventory
of extremely hazar-
dous substances kept
or stored on the
premises. If any such
extremely hazardous
substances are kept or.
stored on the pre-
mises, theapplicant
shall " also post in "a
'conspicuous place on
the premises a notice
indicating ;a descrip-
tion of the extremely
hazardous substances,
and the physical and
health •. hazards pre
seated - by such
substance's.'
f.. Applicant shall
submit an;:evacuation
plan for, approval ;by
the1.City; both written
and•drawn, that details'.
where thechildren will
go In the event of a
hazardous r materials
incident The plan shall
include •a :`-"house in
place . scenario in
• which the children can
be kept safely wiithin`a
room of the building
,that has no penetration
to the outside
(windows, doors, etc).
g. Applicant shall
submit `• plans for
approVal by the 'City
that indicate • the
installation • of a main
emergency shutoff
switch for the heating,.
ventilation, and air
conditioning (HVAC )•
system to minimize,the
infiltration •risk of
airborne hazardous
materials.
! B. Lot - and Bulk
Regulations.
The following bulk
regulations shall apply
in the Historic Millwork
District PUD, subject to
the provisions of the
Unified • Development
Code.
1. Setbacks:
a) Front yard = 0 feet
b)Sideyard=Ofeet
c) Rear yard = 0 feet'
2. Building Height =,
no maximum
3.' NeW";Construction
Transition.,; New con-
struction on the blocks
between 12th Street
and 11th Street should
transition in scale from
the Washington Neigh-
borhood to the District
PUD. •
C. Sign Regulations. -
dance with Exhibit C flexible designation for
and alll other applicable the Historic Millwork
regulations of, Article ,District PUD Concep-
15 of the ;Unified `.tual Development Plan
Development Code. `asshown in Exhibit B.
2,- A comprehensive 2. Parking Regulations
sign plan is required as Off-street parking is
part of the sigh permit not required as part of
submittal for ail multi- ,the Historic Millwork
tenant buildings. ;District PUD. Off-street
3. Free-standing signs parking spaces may be
in the, District PUD shall :provided..in a building
be moms eat-st le 'as an accessoryuse
m
v
signs.' subject to review and
4. Thea design of ;approval under Build -
signage shall ;cornply ';mg, Fire, and other
with the Downtown applicable City, Codes.
Design • Guidelines,. for If a property owner .
signs. Waiver requests chooses to ;provide
from these guidelines surface off-street park -
shall be reviewed -;by Mg within the District
the Historic 'Preser- PUD, the City Council
vation. Commission - inr must'fir'st approve the
accordance with the ' ,request and the
provisions bf Article 10 following regulations
"of the Unified shall'apply:
,
Development Code a. Parking lot design
' 5. Variance' requests' shall comply with ;the
from sign requirements Downtown Design
established: in: Article Guidelines.for surface
15 ' of the • Unified ,parking lots.
Development Code •b. All vehicle -related
shall be reviewed by features shall be
the Zoning, Board:, of surfaced;with standard
Adjustment in f acCorr or, permeable, asphalt,
dance with provisions : concfete;or pavers. .
of: Article 8 . of •,the a Curbing and,proper •
Unified Development surface,' drainage; of
Code. " • , . storm water, "shall be
6. Off-premise,slgns provided
are 'prohibited In the d. Allparking and.
Historic Millwork "Dis loading spaces shall be
trict PUD. delineated on ` the
D. : , Performance Surfacing material b'y
Standards... painted: stripes or other
Creation of `a viable,permanentmeans:
equitable„ and ` livable e..The size and•design
mixed-use. • neighbor- .s.of•parking spaces shall
hood' m the.: Historic -be • governed . by
Millwork District PUD 'applicable .provisions
that Includes residen- . of the, Unified ()eve',
tial, retail, office, ; opment; Code enforced k•
r.
commercial, and in- at the time of
dustrial-uses requires development of the lot.
both' strategy and; f. The. number, size,
flexibility. for • its :,design, and location of
1 sustainability.; The'` Parking ,spaces.desig 1
development and main- • nated for persons with n
tenance of uses In the disabilities shall:;. be-
Historic Millwork Dis 'according to the locals
trict PUD conceptually :state, .a'or federal
should follow the r+ requirernents in effect•.
goals; objectives and at the• time of
recommendations of -:development
the Historic', MillWark•'; . 3, Parking Structures.
District , Master Plan ',' Parking structures ,
incorporated herein by ; (ramps) -'are allowed in •,
'reference and on file In the Historic Millwork
. the Planning :Services` District PUD subject to
.Department. The devel, • City,. CoOncil - review,
opment . and mainte- 'and :the following.
nance of uses in the standards:
Historic Millwork Dis- , a. Parking, structures-
trict•' PUD shall be shall -comply "with' the
regulated as;follows; Downtown Design
1,; Conceptual Devel- Guide Ines for parking
opment Plan .facilit es.
a. Referenced:herein .b. The size and design
:as Section 5• Devel- of parking spaces shall
opment Summary- of be governed by appii-
the-Historic..iMillwork cable provisions of the .
District Master Plan, ; Unified DeVelopnierit
and'shown on Exhibit Code• enforced at the
8, on'file in the time.of development. •
Planning Services c. The number, size,
Department, and made design, and location of
a part of this zoning r parking :;spaces • desig
reclassification by hated for persona' With
reference • as the • disabilities' • shall be
Conceptual Develop- according to the local,
mot,,plan for the state •• or federal
Historic Millwork Dis- _ requirements in• effect
trict PUD. • at the timeof
b. It is recognized that • development. •
minor, ' 'shift's or. 4. Site"Lighting =
'modifications to the a. .Exterior illum-
-general plan layout ination of site features
may necessary and shall be. limited to the
compatible with the.- Illumination .of the
need- to •. •, acquire ,; following: •
. Workable street pat i. •Parking areas,
terns, grades and driveways and loading
usable building sites. facilities. ,
C. the ;Land Use./ it Pedestrian' walk
Development,' Patterns way. ;'surfaces and
depicted in the Historic rs entrances to. building,
Millwork District Mas- Ili. Building. exterior. ,
ter Plan for ground b. Location ;•and
floor uses reflect a Design ; _. `
predominance`, of resi- i All exterior lighting
vertical., ,
ii. Fixumounted
on a buildingtres shall not
be positioned higher
than the roofline of the
building. •
M. All ;electrical colle
service lines .to posts corn'
and fixtures shall ,be DOW
underground and con Guidel
cealed inside the' posts. areas`
iv. The design of ,•;8:•-,E,
1
exterior' li titin lumin-
g g a E
aries shall comply with allo*`
the Downtown Design MILIW
Guidelines for signs. Exterl
Waiver requests from shaJ)i,
these guidelines shall Dotytd'_
be reviewed by the Guide)
Historic Preservation areas;
Commission in , ac-
cordance . with the traiJee
provisions of Article 10 pig
of the Unified stora
Development Code. 9
5. Open Space meat'-
It is the intent of subni
these regulations that dance
the development of of Arti
open spaces (if 13'1r
provided) ,shall reflect Dere
a high quality . • of Ole
environmental design. expa,
The following provi- builitf,
sions shall apply. Ing rs1
I. Open space plans facilt
are required as part of town,
submittals for site plan shall
review. Such plans,are deVel
to include type, Dls
number and size of take;
proposed , 'plantings, the ;D
paving and other open for,Bl
space amenities. Open (ovei°1
space areas shall be feet
designed, in com stand
pliance with Downtown Com
Design Guidelines and 60-000
the HistoricMillwork i2eg�jteo
District Master Plan. Cu
ii. Within one (1) year they
following 'completion mei
of ,construction, or by
the date that a building be
is issued an occupancy eaci
certificate by the adlac
Building `--Services space
Department of the Cityinter
of Dubuque, whichever ar),
occurs first,- required-,Stree
open space ;amenities , Loels
shall be installed. An dl
ag6.em'Stormentwater• Man , St
The developer shall ridoli
be responsible for of,bt�
providing stermwater Elrp S
management . in a
means that is trans]
satisfactory to the City trla�J ";"
Engineer : and consis- resit
tent with, the Historic Port
Millwork District Mas-
ter; ,Plan. ` Sustainable;
low- impact', develop-
ment techniques for;
storniwater:- -manager-
merit approved by the!,
City Engineer will ,be
used where .feasible
Other applicable •regu
lationsalso enforcer
by the City Engineer
relative to-stormwater
Management and
drainage shall apply to
the subject property.
7. Exterior Trash
Collection Areas
a: The storage of
trash and debris shall
be • Ilmited:; sto that do
produced ,•--,by the owre
principal peripitted use appy
collectionb.
and accessexto"areeriry uses,trandash .otheof state
the lot. regu]
All , oras
the materials contain
ed therein' shall be „
visually screened from
view. The screening
shall be , completely
opaque fence wall or err
other .feature . not • 'Ti
exceeding a height of orale
10 feet measured from the
the ground level Distr
outside the line of the Incl'_
screen. Screens built or'l„ey
OI FICIAL 1
PUBLICATION
ORDINANCE NO•
10.15
AN, -ORDINANCE,
AMENDING TITLE 16„
pig UNIFIED DEVEI:-
OPMENT CODE O1F,
Tu- -• CITY • OF
DUBUQUE CODE- OF;
ORDINANCES BY
AMENDING ORDI- s'
NANCE 02-12 WHICH
ESTABLISHED REGU-
LATIONS FORA PUD
PLANSED UNIT DE-
VELOPMENT, DIS-
TRICT':'' WITH A
PLANNED COMMER-
CIAL DESIGNATION
FORTHE HISTORIC
MILLWORK;' DISTRICT
PUD AND NOVIf'BEING
AMENDED .TO ALLOW
FOR ;THE INCLUSION
OF 221 & 250 E. "8TH`
STREET 'AND '• 300 E,
9th STREET:, .;
NOW THEREFORE BE
IT ORDAINED BY THE
CITY COUNCIL OF THE
CITY OF • DUBUQUE,
IOWA;
Section 1. That Title
16 i .: the' `Unified
Develgpment''code ' of
the City of ; Dubuque
Code of Ordinances is
hereby ;amended.,by
amending .Ordinance
02-12' and 38-13 which
established regulation
for a 'Planned ` Unit
Development District
with. • a "Planned
Commercial District
designation and now
being amended.'; to
alloW 'for the inclusion
of the following des-
cribedproperty, to wit:
• City tot 415A (1.0-24-
484-009)i St -261 -Of City
Lot 415 (10=24.484005),
City ',Lots 402;''403, N
25'2" 'Lot 415, 416 &
416A (10-244184;01Q),
Pt, of City Lot 509 Pt of
2-4 ofOity Lot 509A (10
24-485-001), NW Pt of
Lot 1 Midwest. Lumber.,
Co PI ,(10-24-490-001),
City ;Lots. 405, 405A,
406, 407,. 408, 409, 410,
411, 412 .413, 414 &'2-
417 (10-24-489-002)
highlighted in Exhibit
A, and to the centerline
of the ad1oinir9public
„.
rightof-way, all in the
City of Dgbuque, Iowa.
A.,Use Regulations.
The following ,regu.-
lations shall apply to
all uses madeof,land in
the ' above-described
PC ,Planned Commer-
cial District
Principal permitted
uses: The "following
uses are permitted in
the Historic '.Millwork
District PUD:,
1. Places of religious
exercise or.assembly..
2. Public, private' or
park, golf course, or
similar natural recre-
atioh'area.',
.4. Railroad and public
or'quasi-public `.utility,
including substation.
5. Residential use.
.6. Housing for the
eiderly.'and persons
With `disabilities (not
identified with (5)
;above).
'
e tial art o com r
N n , m
gallery.
8. Museum or library.
9. Schooh of private
instruction.;
10. Private club.
11. General office.
12. Medical office or
clinic.
13. Dental or medical
lab.
14. Barber .or beauty
-'shop',
15,, Hotel.'
:-,16,--Shoe repair. ,,
17: Laundry or dry-
cleaner.
18. Bakery (wholesale
or commercial).
19. Retail sales or
service.' ;i. .
20. Indoor. restaurant.
:, 21. Bar or tavern
22. Supermarket.
23:
-Tailoring or
alterations
24. Furniture or home
furnishing, .,
'25. Appliance.'sales or
service...: •
26.clinic.•Animal hospital or
27: Laundromat. ,•.`
28:'Fu'rniture uphol
stery. or, repair.'
29.•Artist studio
30 P,hotographicstu-
dio :
Nei•ghborhood
shopping
shopping center. ;,
32. Business services.
33 Department store.
4..: Auditorium or
assembly hall.
35: Indoor theater.
36..Bank, savings and
loan,-oncredit union.
37, Indoor amusement
center... 3 k.' '.
38. Vending;orgame
machine', sales and
service.,.,
39..Indoor recreation
facility. : .
40. Mail order house.
41. Printing, or pub-
lishing. . '
42,,Parking structure.
43. Vocational school.
44 ,.Busjne,ss'or sec-
retarial school. ,.
45. Passenger transfer
facility. '
46.',Warehousing and.
storage facility.
47. Artisan production
shop
Accessory Uses: The
folioWing. 'accessory
uses are permitted in
they Historic Millwork
District PUD:
the ,provisions.
Article; 8 of. the.Unifie
Development Code,that
establishes : require -
Merits -for ,'application
to the Zoning” Board of
Adjustment ' for a
conditional: use permit,
and,anY other specific
conditions listed below
for a conditional use.
,1 •,drive-in or carry-
out restaurant.
2, Drive.up automated
bank teller:
3. Veijicle-rental.
4r,Construction sup-
plies sales and service.
5; Contractor: shop or
yard.
6 Wholesale sale/.dis-
tributor.
7. Agricultural supply
sales. .
8: 'Lumberyard or
building materials.
9, Laboratory. for
research, development
or, engineering,; pro-
vided that='such ,..-use
complies with:all ,local,
state; and : federal
regulations- governing
hazardous, substances,
'hazardous conditions,
hazardous wastes, and
hazardous materials.
10 freight transfer
•facility, • ,•
11, Moving or storage
facility
12 Mdlworking..
1,3, : Manufacture,
assembly, repair or
storage of electrical. or
electronic products,
cornponents or ,equip -
Ment
14 Manufacture or
assembly,.:of ,musical
instruments; toys;
watches:.„ or ,clocks;
medical, dental .optical
or, similar; scientific
instruments; orthope-
dic or . • medical
appliances; :• signs .or
billboards.
15 Manufacturing,
compounding, assem-
bly. ,or .treatment ;of
articles or products
-from,i the, following
substances. clothing: or
textiles;, rubber; pre-
cious ,or semiprecious
stones' ,or .metals;
woodr'plastics; paper;
leather; 1 fiber; glass;
hair, ..waz; , metal;
concete; feathers; fur;
cork ,and. ocelluloid , or
cellulose. products..;
161 District energy
system. ,,
17. Private energy
generation facility.
18 Exteriorstorage.
19, ; Licensed child
care centers, provided
that: ,
a. .Such facility shall
supply,. loading. =apd
unloading -spaces so: as
not to nhstruct nnhiir
Legal Notices
tavern,'automated gas
station orany facility
selling, servicing, re-
pairing, or renting
vehicles.
d. The conditional use
applicant certifies that
the'premises: on which
the licensed 'child care
center will be located
complies with, and will
for' so long as the
licensed child care
center is so located,
continue to comply
with all local, state and
federal regulations
governing •hazardous
substances, hazardous
conditions, hazardous
wastes, and hazardous
materials.
e.' If the applicant is
subject to the require-
ments of Section 302' of
the Superfgnd Amend-
ments and ,Reauthor-
ization Act of 1986, as
amended, the, Emer-
gency` the,
Director shall certify
whether or not the
applicant has submit-
ted a current inventory
of extremely hazar-
dous substances kept
or stored on the
premises. If any such
extremely ,hazardous
substances are kept or
stored on thepre-
mises, the, applicant
shall also post in a
conspicuous place on
1 the premises a notice
indicating a descrip-
tion of the' extremely
hazardous substances,
and the physical and,
health hazards pre-'
sented by such
substances.
f.•Applicant, shall.,
submit an ;evacuation
plan for: approval :by
the .City, both" written.
and drawn, that details"
where' the children will
go in the event of a
hazardous. . materials
incident. The plan shall
include a ."house in
place". scenario in
which the children can
be kept, safely within'a
room of' the building
,that has no penetration
to the outside
(windows, doors, etc).
g. Applicant 'shall
submit , ",pians ,for
approVal by the City
that . indicate . .the
installation • of a main,
emergency shut-off
switch for the heating,
ventilation, ` and . air
conditioning (HVAC)
system to minimize,the
infiltration ,: •risk of
airborne hazardous
dance with Exhibit; C.
and all other applicable
regulations of Article
15 ,.of the ' Unified
Development Code.
2, A comprehedsiVe'
sign plan is required as
part of the sign permit
submittal for all multi-
tenant buildings..
3: Free-standing signs
jn the.. District PUD,shall
be -monm,u ent st le
v
signs. ;
4. The design of
signage shall comply
with " the Downtown
Design. Guidelines, for
signs. Waiver requests
from theseguidelines
shall be reviewed •by'
the Historic Preser-
vation' Commission . in
accordance with the
provisions of Article 10
of the Unified
DeVelopment Code. '
' 5. Variance requests
fromfrom sign requiremehts
established in. Article
15 of the ' Unified
Development i Code
shall be reviewed by
the Zoning' Board Of
Adjustment in accor-
dance with provisions
of, 'Article 8 of ' the
Unified Development
Code.
6. Off„ -premise 'signs
are prohibited ,in the
Historic Millwork pis-
trict PUD.
D. Performance;
Standards.
Creation of .a' viable,:
equitable and., ,livable
mixed-use neighbor-
hood : in ,the Historic
Millwork District"PUD
that ,includes residen-
tial,
, retail, office,
commercial, and in-
dustrial, uses requires
both.-' strategy: 'and`
flexibility: for Its
sustainability. • •The"
development and main-
tenance of uses in the ,
Historic Millwork Dis-
trict .PUD 'conceptually
should . follow the
goals, objectives and
recommendations "ofl
the Historic Millwork
District. Master,Plan,-
incorporated hereinbY
'reference and on file in,
the Planning Services'
Department. The devel-
opment and mainte-
nance of uses in the
Historic Millwork Dis-
trict PUD ,shall •,ba
regulated as follows;."
1: Conceptual -Devel-
opment plan ..
a.` Referenced, herein
as Section ;•5. Devel-
opmmmy of
the, HentistoricSuMillworkar
District Master Plan,
and showrf on Exhibit
B, on file in the
flexible designation for
the Historic Millwork
District PUD Concep-
tual Development Plan
asshownin Exhibit B.
2. Parking Regulations
Off-street parking is
not required as part of
the Historic Millwork
District PUD. Off-street
parking spaces may be
provided; in a building
as an accessory accesso . use
subject to review and
approval under Build-
ing, Fire,; and other
applicable City Codes.
If a property' owner
chooses - to provide
surface off-street'park-
ing within the District
PUD„ the City Council
must first. approve the
,request'.; and the
following regulations
shall apply:
a. Parking lot design
shall comply with ‘the
Downtown • Design
Guidelines for surface
parking lots.
b. All vehicle -related
features shall be
surfaced with standard
or permeable', asphalt,
concrete, or pavers,_
c.Curbing and,proper
surface • ; drainage.: of
storm water shall be
provided, . f
d AII;',parking and_
loading spaces shall be
delineated on the
sdrfacing material- by
painted stripes or other
permanent means.
e. The size and design
of parking spaces shall
be governed , by
atmlicable provisions
of the Unified Devel-
opment Code enforced
at the time of
development of the lot.
f. The number, size,
design, and location of
parking spaces desig-
nated for persons .with 7'
disabilities shall be'
according to the locate'
state,. or federal,
requirements in effect,
at the. time' ' of
development.
3, Parking Structures.
Parking, structures
(ramps) are allowed in
the Historic Millwork
District' PUD subject to
City Cobncil,.review.
and 1:the followings =
standards:
a. Parking, structures
shall' ;comply with the
Downtown , . Design
Guidelines= for parking
,facilities.
b. The size and design
of parking spaces shall
be governed by appli-
cable provisions of the
Unified' r, Development
Coda enforced at the
time of development.
vertical., ,
ii. Fixtures Mounted
on a building shall not
be, positioned .higher
than the roofline of the
building.
in. All :electrical"
service lines .to posts
and fixtures shall be
underground and .con-
cealed inside: the posts.
iv. The design of
exterior 'li htin lumin-
aries shall comply with
the Downtown Design
Guidelines: for signs.
Waiver requests from
these guidelines shall
be reviewed by the
Historic Preservation
Commission In ac-
cordance with the
provisions ofArticle 10
of the Unified
Development Code.
5. Open Space
It is the,jntent of
theseregulations that
the development of
open spaces , (if
provided) shall reflect
a . high quality • of
environmental. design.
The following provi-
sions shall apply..
1. Open space plans
are required: as part of
submittals for site plan
review. Suchplans are
to include type,
number , and size of
proposed plantings,
paving and other open
space amenities. Open
space areas shall be
designed in ., com-
pliance with Downtown
Design Guidelines and
the Historic; Millwork
District Master Plan.
ii. Within one (1) 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 Dubudue, whichever
occurs first,. required
screened trash; area
shall be provided ,with
a gate: or, door of
similar design to that
of the screen.
c. Exterior trash
collection, areas shall
comply with-.. the
Downtown Design
,Guidelines for service
areas.'`
8. Exterior Storage
a.'Exterior storage is
a9llowed in the -Historic
Millwork PUD District.
Exteriorstorageareas
shall comply with the
Downtown Design
Guidelines for, service
areas.
b. The use of semi-
trailers and/or, , ship-
ping :containers for
storage is prohibited.
9. Final site develop-
ment plans shall be
submitted in accor-
dance 'with provisions
of Article 12 and Article
13 of the Unified
Development ' `, Code
prior to construction or
expansion of any
buildings, free-stand-
ing ; signs, or , parking
facilities. The ' Down-
town Design Guidelines
shall `apply to site
development in the)
District PUD, and shall
takeprecedence over
the Design Standards
for Big Box Retail Uses
(over.;- 100,000 square
• feet) and the Design
Standards for Retail
Commercial Uses (over
60;000 square feet) and
Regional Shopping
Centers in Article 13rof
the Unified Develop-
ment Code.
10. Retail uses should
be clustered around
each other and
adjacent to public
spaces, such as at.the
intersection of 10th
and. Washington
Streets, in the Farley &
open -space ;amenities - ,Loetscher and Kirby
shall be installed. ,Buildings 'along 7th
6,-Stormwater. Man Street, and in a highly
agement visib'le,cornlnerciai cor-
The developer shall ridor at the east edge
beresponsible for of the District •along
providing stormwater Elm' Street,,,
management . in a 11. Land uses should
meansthat is transition from Indus -
satisfactory to
ndus-satisfactorysto the City trialon the south .to'.
Engineer , and consis-' residential on''. the
tent with the Historic north,; with new
Millwork District Mas- commercial or, mixed
ter Plan. `.Sustainable; use buildings.alopg the
low impact' develop neW block ' to -be
merit techniques for created by -realigning
stormwater manage 'Elm Street, in
meet approved by the' accordance with :the
City Engineer will be; Historic Millwork Dis-
used where;: feasible: trictMaster Plan.
Other' 'applicable regu E. Other Codes and,
lations also;; enforced Regulations
by ;;the City Engineer 1. Service Lines. All
relative to•stormwater" electric , telephone,
rrzllf d $ a 31(Mhli
aGlJshett reg„
fbf ai`;`?larintl
Developii ert District
with a Planned
Com erclal District
desigijation and now
being ,amended' to
allow for the inclusion
of the' : following -*des
cribed property, to wit.
City Lot 415A (10-24-
484-009), S 26' of -City
Lot 415 (10 24-484=005),
City Lots 402, 403, N
25'2". Lot415,• 416 &
416A (10 24484-010)
Pt of City: Lot 509 'Pt of
2-4 of City Lot 509A(10-
24-485-001), NW Pt of
Lot 1 Midwest Lumber,.
, Co, PI (40-24-490-001),
City .Lots 405, 405A,
406, 407, 408, 409, 410,
411, 412, .413, 414 & 2-
417 (10-24-489-002)
highlighted; in .Exhibit
A, and to' the centerline
of the adjoining public
right=of-way all .inthe
City of Dubuque, Iowa.
A. Use Regulations.
The: following regu-
lations shall apply to
all uses,rnade (Aland in
the above=descj-ibed
PC'Planned Commer-.
cial District
Principal permitted
uses: The following
uses are permitted in
the Historic Millwork
District PUD:.
1. Places .of religious
exercise or assembly.
2. Public, private or
parochial school ap-
proved by State of
lowa (K-12).
3. Public orprivate
I n(at.JIM in w.l ar,_Y
cliniUrnsc ipg,
2c35�Appliance saiesi
sery
26. Animal hospital
27 lee s nLaudromat -
28.- Furniture uphol-
stery or repair
29 Artiststudio,,
30. photographic stu-
dio:
31. Neighborhood
shopping center.
32. Business services.
33. Department store.
x..:34 'A,iiditorium or
assembly hall.
35. Indoor theater.
36. Bank, savings and
loan, or credit union.
37, Indoor amusement
center. ,,
38, Vending or game
machine • , sales • and
Service., .
•39. Indoor .recreation
facility. •
40. Mail order house.
41 Printing, or pub-
lishing.
42 Parking structure:
43.'Vocational school..
44. Business'or sec-
retarial school.
.45.Passenger transfer
facility •
46. .Warehousing and:
storage 'facllity
47. Artisan production
Shop
Accessory Uses: The
following accessory
uses are permitted in
the; Historic' 'Millwork
District PUD:
1. Any, use cus-
for arily incidental and
Subordinate' : to the,
principal, use; it serves,
2.' Boiler system in use
as part of an industrial
business•oruse.•
3. -Outdoor: seating as
part of an indoor
restaurant, ` bar or
tavern. - . -
Conditional Uses:
The following condi-
tional •• uses are
permitted in the
Historic Millwork Dis-
trict PUD, subject to
rktng z ,
3} i Manufacture,
asseipbly repair or
stotage of electrical,or
electronic products,
components or equip
meet;•;
1;14 r Manufacture or
assembly' of :musical.
instruments; toys;,
watches .- or ,clocks;
medical, dental,: optical
or 'similarscientific.
instruments; orthope-
dic -: or • medical
appliances; signs or
billboards.
15_ . Manufacturing,
compounding, „assem-
bly or , treatment of
articles or products
fr m;l; the following
substances::clothing; or
textiles; .rubber; pre-
cious or semiprecious
stones or, :,metals;
wood; ; plastics;. paper;.
leather; fiber; glass;
hair; . wax; , metal;
concrete; -feathers; fur;
cork; and . celluloid, or
cellylose products. -
„16:; District :`energy
, system .
17.f Private energy
generation facility:
18. -Exterior storage.
„19,:• Licensed child
care,centers, provided
that:
a.' Such facility shall
supply; loading :and
unloading spaces so as
not to; obstruct, public
streets:or,create traffic
or safety,hazards; •..
b. Ail licenses+ have
been, issued ,or have
been ,applied for and
are . awaiting ;the
outcome; of the,state's
decision; and
c. Such use shall not
be located within the
same structure as any
gas - :::station, bar/
Z v .1 •`[NO a -.
/;substances keptstpj m .,
r,. stored' , on the `, 6 0ff,;premise .signs provided.
. preinises, If any' such are':Prohibited, .in 'the ,', d. All parking and
-extremely ,hazardous Historic -Millwork 'pis- loading spaces shall be
substances are tcept or trict PUD.' delineated ' -on the
• stored on the pre- D. Performance surfacing material by
Mises, the applicant Standards. pajnted stripes or other
shall also post in a. Creation of a viable, permanent means.
conspicuous place .on equitable, and .,livable e. The size and desi n
the premises.a` notice .mixed-use, ' neighbor- of parking spaces shall
indicating a descrip- , hood in , the Historic be ' ' governed b'y
tion of the extremely Millwork ;District' 'Kt applicable 'provisions
hazardous substances, that ineludes residen- of the Unified Devel-
- ang •the physical and tial, retail, office, opment Code enforced
health- • hazards. pre-'' commercial, and in- at the time of
sented- by' • 'such .'dustrial_uses requires development of the lot;
substances, , t , :both. strategy and' f. The number, size,
f. Applicant shall,-' flexibility; for ; its design, and location of
submit an ,evacuation- sustainability. The parking spaces desig-
plan for; /approval:. by •:development and main- nated for persons with,
• the City, both writtep tenance of uses in the disabilities -shall ' be:
and drawn, that' details Historic _Millwork : Dis acbording to the local;
wherethe children will trict PUD 'conceptually state, or federal,
go • in the event of a should follow the requirements in effect`,
hazardous'. materials goals, objectives ").and 'at ..! the time of
incident. The plan shall recommendations i:;of ' :development.
include• •a ; "house in the . Historic *Millwork 3. Parking; Structures:
place". • scenario in ' District•, Master =Plan,•'' Parking structures
which' the children can incorporated hereln`by (ramps) 'are allowed in
be kept safely with n a ' reference and on file Jh•., the Historic Millwork
room or the building ; the Planning Services' District PUD subject to
,that has no penetration Department. The devel- . ,City; Council', review,
to the outside opment. and mainte- and "the ',followingi
(windows, doors, etc).. nance of 'uses in the standards: •
g, Applicant shall Historic Millwork Dis- a. Parking: structures
SUbmitplates for trict' PUD I shall +be shall -comply with the.'
approval by the City regulated:as follows; Dovtitown Design
that ;; indicate . the.1. Conceptual Devel- Guide ines• for parking
installation • of a: main ,-'opment Plan ,. facilit es.
emergency shut off ; :`a, Referenced. herein ..b. The size and design
switch for the. heating, cas Section ' 5.•: a_
Devel- of parking spaces shall
ventilation, ' and air. , opment • Surnmaryr of be governed: by apppl -
conditioning (HVAC) :the • Historic a,Millwork cable provisions of -the
system to minimize the District Master Plan, Unified Development
infiltration •risk of : and• shown on Exhibit Code.. enforced at the
airborne hazardous ' B, on file in : the tirneof development.
materials. Planning Services c. The number, size,
B. " • Lot and Bulk : Department, and .made . design, and location of
Regulations. a, part -of this zoning • parking spaces deslg-,
The, following bulk reclassification ' by, ..hated for persons with
regulations shall -apply 'reference_ as the • disabilities shall ,be-
intheHistoric:Millwork Conceptual Develop- according to 'th local,':
District PUD, subject to meet ,Plan for' the state' or federal
the proVisions''of 'the • Historic Millwork Dis •requirements, in• effect
Unified Development :trict PUD. at .< the time of
Code. b'11 is recognized that development.
1. Setbacks: _ minor shift's or 4. Site Lighting
a)'Front'yard = 0 feet modifications " to the a. Exterior JJlurrl-
b) Side; yard = 0 feet -general • plan layout ination of site features
c) Rear yard = O feet may be necessary and shall be limited to the
2 Building Height =, . compatible, with :the, Illumination :of,• t:he
no innakimum, , . need- to •' acquire :. following
3: New'`Construction,_ workable'•,street pat •'i Parking area
Transition., New con- terns, grades and driveways and loading
struction on the blocks usable building sites, facilities
between 12th`, Street '' c Tiie Land Use:/ u. ;Pedestrian walk,;
and ',11,th Street'should DeVelopmerjt Patterns Way: surfaces and
transition sin.spaie,from •depicted in,;the/Historic entrances to.building.
the Washington Neigh- Millwork District Mas- 111. Building exterior.
liorhood to the District ter'Plan for .ground b. Location and t
PUD. floor uses i reflect a Design
C. Sign Regulations predominance of res i All, eXterior lighting sc
1. The number,, size 'de'ntial uses. however luminaries ,shall be
and location of slgns in for Dts}netsustalij designed and installed• b
the., Historic :Millwork . abiIJty,,,•these ground to•slield ligh`tfrom•the; t
District PUD' shall be floor uses: shall - be: luminaries - at ;angles- .'h
`regulated in accor- characterized'by 'a above 72 -degrees from
��•oAMY
ite`
M. +.
revlew Such pians are de elo Ment ;in :they
to include +.' type, District -P p a`oo shall
number . and size of take prececleri'c`e over
proposed plantings, the Design',S•tandards
paving and other open: for Big BoX Retail Uses
space amenities. Open : (over .100,000 ,square
space areas shall be feet) and the;Design
designed in com- Standards. for Retail
pliance with Downtown Commercial Uses (over
Design: Guidelines and 60 000 square feet) and
the Historic Millwork Regional Shopping
DistrictMasterPlan, Centers:in Article.13;of
ii. Within one (1) `year the Unified Develop-
. completion Ment Code. -
of ,construction, or_by 10. Retail uses should
the date that a.building be clustered around
is issued an occupancy each other and
certificate .-by the adjacent to ,public
Building .,.Services ,- spaces, such as,rat;the
Department of the City .intersection .of . 10th.,
of Dubuque, whichever :and Washington .
occurs -first,: required Streets, in the Farley '&
open space amenities Loetscher ;and Kirby
shall beinst'alled. .Buildings ',along 7th
6.-Stormwater'Man- ; Street,and;Jn a highly
agement • ' visible commercial cor-
• The developer shall ridor at the east edge
be responsible; for , of the .District along
providing ; stormwater Elm Street;;- ;
management.. in a 11. Land'uses should `
means: that .; is . transition from Indus-
satisfactory to the City trial -on,-the South•..to
Engineer and.consis- residential on'" : the
tent with the Historic north, with new
Millwork District;.Mas- commerc al or • mixed
ter,- plan. "Sustainable, use buildings along the
low. •impact'. develop- new^,`block' to be
ment techniques for. created by- realigning
stormwater ' manage Elm Street „ : in
ment'approved by the ,-. accordahce; with .the
City. • Engineer, will be Nistorie. Millwork Dis
used +Where feasible , ",trict Master Plan. .
Other applicable, regu .:E. Other. Codes and- :-
lations _also ''enforced Regulations
by the, !City Engineer ' : 1. Service Lines. All
relative to,stormwater ' electric telephone,
management and ;
Pia D,. CO WW1
i CIAL DESiONATION
FOR THE-HIST,ORIG
MILLWORK ;DISTRICT
PUD AND NoW-BEING
AMENDED TO ALLOW
FOR THE "INCLUSION,
OF- 2 & "250 E 8TH
STREET21 AND 300 E.
9th STREET:;
NOW THEREFORE, BE
IT ORDAINED BY THE
CITY COUNCIL OF THE
CITY OF ^DUBUQUE,
IOWA:
Section 1. That Title
16;' ,the ' Unified
Development Code of
the City of; Dubuque
Code of Ordinances is
hereby .amended, by
amending Ordinance
02-12' and 38-13 which
established regulation
for a 'Planned Unit
Development District
with a Planned
Commercial = District
designation' and now
being' amended to
allow for the Inclusion
ot. the tollowing des=
cribed pproperty to wit::
City Lot, 4154 (10-'24-
484-009),•
10-24-
484 009), S°26 of; City
Lot 415,(10-24-484-005),
City „•Lots'402; 403; 'N
25'2' Lot's415,'416 &
416A (10-24.-484;010),
Pt of City L'ot 509 Pt of
2-4 of City Lot 509A (10;
24-485-001), NW Pt of
Lot 1 Midwest 'Lumber,
Co:" PI • (10-24-490-001),
-City` Lots, 405, 405A,
406„407, 408, 409, 4101
411,412, 413 414 &:�2-
417 (10-24-489-002)
highlighted in Exhibit
A, and tothe "centerline
of the adjoining public
right of way; all in the
City of Dubuque, Iowa.'
A. Use Regulations.
The following” •regu-
lations shall fapply to
all:uses made of'land in
the 'above-described
P.0 "Plann'ed Commer-
tial District.
Principal permitted
uses: The" •following
uses,. are .permitted :in
the Historic "Millwork
District PUD:, •
1 Places of religious
exercise or assembly...
2. Public, private' or
parochial school ap-
proved, by State of
Iowa (K-12), -
3, Public' or private
Private club+^'
General office _ti,
12. Medical office or
clinic.,."
lab,
13. Dental or medical
14. Barber or.beauty
shop.
15. Hotel
16. Shoe repair,
IL —17.—Laundry or dry-
cleaner.
18. Bakery (wholesale
or commercial).
19,: Retail sales or
service.
20. Indoor restaurant.
21. Bar or tavern
22, Supermarket,
23. 'Tailoring •' or
alterations.
- 24. Furniture or home
furnishing..,
25. Appliance sales or
service,
26,; Animal hospital or
clinic
27 Laundromat. •
28. 'Furniture, uphol-
ster. sorrepair
29Artist"studio,
30. Photographic stu-
dio. •
31. Neighborhood
shopping center,
32. Business services.
33. Department store.
34` Auditorium or
assembly hall.:;
35 •Indoor theater.
36..Bank, savings and
loan; or„credit union.
37..Indoor . amusement
center..
38: Vending:or game
machine., =sales • and
service , :
39 indoor •recreation
40.,Mall order house.
'41. _Printing; or pub-
lishing.'
42., Parking structure.
43, Vocatlonalschool.
44.-Busmessor sec,:'
retarial "school,
45.'Passenger transfer
facility. '
46.':Warehousing and
storage facility:_
47, Artisan production
shop:;
Accessory Uses: The
following accessory
uses are permitted in
then Historic 'Millwork
District PUD
1.Any, use cus-
tomarily incidental and
ubordinate' to , the,
principal useit serves,
2: Boiler system In use:
as part of an industrial
business or Use.
3 Outdoor seating as
part f of, an Indoor.
restaurant bar or
tavern.
Conditional Uses:
Th 'f ll d
facility
The o owing con i-
tipnal uses are
permitted • in the
Historic Millwork Dis-
trict • PUD, subject to
• ,PP OVA
plies sales and service
5 Contractor shop or
yard,
6. Wholesale sale/dis-
tributor.
7. Agricultural supply
sales.
8. Lumberyard' ,,or
building materials.
9, Laboratory for
research, development
or engineering, pro-
vided •that! such use
complies with all local,
state, and federal
regulations governing
hazardous substances,
'hazardous conditions,
hazardous wastes, and
hazardous materials. •
10., Freight •transfer
facility.
11 Moving or storage
facility
12 Mdiworking..'
13, Manufacture,
assembly, repair or.
storage of electrical or
electronic• ; products,
'components or equip-
ment.
ld Manufacture or
assembly of musical
instruments toys;.
watdhes; or ;cioci<s;
medical, dental,;optical
or ; similar ,• scientific
instrum•.ents; , orthope=
dic .or • medical
appliances ,signs or
billboards
15 ,_Manufacturing,
compounding, .assem-
bly or ;;treatrrient of
articles or products
-From the following
substances: clothing or
textiles;, rubber; '. pre-
cious orsemiprecious
stones or • .metals;
woody •plastics;• paper;
leather; fiber; glass;
hair , wax; .metal;
concrete; feathers; fur;
cork -;.,and , celluloid or,
celluloseproducts.
16, District energy
system.::
• 17. Private energy
generation facility.'- ,
18 Exte,rior,storage,.
19 = Licensed child
carethat centers, provided
a. Such facility shall
supplyloading • and
unloading spaces so as
not tp„Obstruct public
streets, or, create traffic
orsafetyhazards;
b. All licenses' have
been ••issued,,or have
been,,applied for: and
are . awaiting , the
outcome; of the .state's
decision; and.
c. Such use shall not
be located within the
same structureas any
gas, ' station, bar/
t t s %so ibcgt
continue to comply
with all local, state and
federal regulations
governing hazardous
substances, hazardous
conditions, hazardous.
wastes, arid hazardous
materials:
e. If the applicant is
subject to the require-
ments of _Section 302' of
the Superfgnd Amend-
ments and Reauthor-
ization Act of 1986; as
arnended, the, Emer-
gency Management
Director ; shall • certify
whether, or not the
applicant has submit-
ted a current inventory
of extremely hazar-
dous substances kept
or stored on the
premises. If any such
extremely hazardous
substances are kept or
stored on the pre-
mises, the, applicant
shall also post in a
conspicuous place on
the premises a notice
indicating " a descrip-
tion of the extremely
hazardous substances,
and the physical and
health hazards :pre-'
sented by such
Substances
f.. Appilcant "shall
submit an evacuation `.
plan for, approval; by
the City,; both written;..
and drawn, that details
where-thechildren will
go in the event of a
hazardous materials
incident.`; The plan` shall
include; :a • "house
place", scenario in
which 'the children can
be kept safely within a
room of' the building
,that has no penetration
to the outside
(windows, doors, etc).
g. Applicantshall
submit.;; plans ?for
approval" by the City
that indicate , -the
installation • of a ;main
emergency shut-off -
switch for the heating,
ventilation, and air"
conditioning (HVAC)
system to minimize the .
infiltration •risk of
airborne hazardous
materials.
B. Lot and Bulk
Regulations.
The :following' bulk
regulations shall apply
in the Historic Millwork"
' District PUD, subject to
;'the provisions of the
Unified :< Development
Code.
1. Setbacks:
a) Frontyard = 0 feet
b) Side yard = 0 feet
c) Rear yard = 0 feet'
2 Building Height =.
no 1paxiif um
3 .New' Cdnstruction
Transition., New con -
,� r: � S � 0 D s, •.i
Mlhilnum �. fro lags con orm to t e e o
tdv,nhouse � "16 feet/ilii D bgque > Uhifle •
Maxiriilim building Deyelopmeht Code and
coverage, 40% SUDAS as adopted'by
Maximum .building the City.
height D, Parking
Numbet of stories, 4 i. 'Parking Require-
Height, 60 feet meets
Minimum yards • Parking areas shall
Front; 25 feet accommodate suffi-
Side(2),10 feet cient parking while
••Rear, 20 feet' . minimizing Impervious
Open Space Require- surfaces and'the visual
meets impact of large- lots,
Minimum permeable . Parking requirements
open space'(3), 40%'` will follow city stan-
Setback requirements dards as outlined ih the:
(4) • ' City, of, . Dubuque
Internal roadway Unified , Development
setbcks(5), 25 feet Code; (Section 14-6 Off
• Site perimeter set- Street Parking Require-
back (6), 25; feet meets), except for the
Landscape” buffer following uses:
(requirements (6) Housing"` for the
• site perimeter elderly or.persons with
landscape; buffer, 25 disabilities: 0.7 spaces
feet per dwelling unit
(2) Where no lot lines Nursing or Conva-
exist, 20 feet of lescence Home: 1
clearance: is required space per 6 beds PLUS
between buildings. 1 space `;per 4
(3) Includes ease- employees on the
merits; setbacks, wood largest shift
ed areas; and land- 2, All surface parking'
of.business and service s
herald
THonline �.
f
ccess
Contractors
ALWAYS
?AT pTTIIMO NE
e%nodeling
Dior Remodeling
ctirnates
S .,
r Licensed
t'� •
riE
{shoe
actor
1I 137,.3
vneConstruction.net.
t
• Roofing
• Siding
• Soffit &
Fascia
■ Gutters
• Decks
• Additions
• Garages
• Insulation
• Drywall
• Bathrooms
■ Ceramic Tile
■ Painting
;552229 01ts8-24.
lishment.of the District
PUD,.':
G. Recording
hall be. ,
A 'copy df this PUD
ordinance , .
'recorded,, at" - the
expense of the. City of
`Dubuque, with the
'Dubuque County Recor-
,der as ;a permanent:-
—record.—.., of ".the Gond ,
;tions acceptedpart
of this reclassification,
I•approval This ordi
nance:shall be bindingn.-
upon the undersigned
and.his/her heirs suc-
cessors and assigns
Section -2; The
l foregoing amendment
has ,heretofore' • been
reviewed by the Zoning
Advisory Commission
•
of the City of Dubuque
Iowa
Section 3 The
foregoing amendment''_
shalitake efIeot'upon
publication, as
urn-
,
ro-
by law
Passed" pproved and
adoptei{ this,16th"day
of Febrtjaty 2015,
/s/Roy D, Buol; Mayor,
ttest:'/s/}Cevin S.
Firnstahl. nt , ri rrU
Dubuque
THECITY OF
DUB E
Masterpiece onthe Mississippi ro -w,2•mn
MINUTES
CITY OF DUBUQUE ZONING ADVISORY COMMISSION
REGULAR SESSION
6:00 p.m.
Wednesday, January 7, 2015
City Council Chamber, Historic Federal Building
Board Members Present: Chairperson Pat Norton; Commission Members Stephen
Hardie, Steve Baumhover, Martha Christ, Tom Henschel and Michael Belmont; Staff
Members Kyle Kritz, Guy Hemenway and Laura Carstens.
Board Members Excused: None.
CALL TO ORDER: The meeting was called to order at 6:00 p.m.
AFFIDAVIT OF COMPLIANCE: Staff presented an Affidavit of Compliance verifying the
meeting was being held in compliance with the Iowa Open Meetings Law.
MINUTES: The minutes of the December 3, 2014 Zoning Advisory Commission meeting
were approved unanimously as submitted.
ACTION ITEM/FINAL PLAT: Application of William and Janet Siegert/Dave Schneider,
Schneider Land Surveying for approval of the Final Plat Siegert's Place Fifth Addition
located on U.S. Highway 20 (next to Menard's).
Dave Schneider, Schneider Land Surveying, spoke on behalf of William and Janet Siegert.
He said that he Siegert's are negotiating with Chad Richardson regarding disposition of
their property and that they have reserved an access easement. He explained issues with
the new highway frontage road and access configurations.
Staff Member Kritz discussed the placement of the access easement. He noted that the
property is within the U.S. Highway 20 Corridor Preservation Zone and that the IDOT has
decided to not acquire the property at this time. He said changes to the previously
approved plat for the access easement require Zoning Advisory Commission and City
Council approval again.
The Commission discussed the request and felt it was appropriate.
Motion by Henschel, seconded by Baumhover, to approve the Final Plat of Siegert's Place
Fifth Addition. Motion carried by the following vote: Aye — Baumhover, Hardie, Christ,
Henschel, Norton, and Belmont; Nay—None.
Zoning Advisory Commission Minutes Page 2
January 7, 2015
ACTION ITEM/WAIVER: Application of First Community Trust, NA, 3385 Hillcrest Road,to
request waiving Section 13 of the Unified Development Code, Site Design Standards
regarding parking lot setbacks.
Chip Murray, President of First Community Trust, noted that the property accommodates
his home office and he is need of additional space. He said if the design guidelines are
strictly applied he would lose parking spaces that serve the lower level of the building. He
said loss of this parking would make the lower level tenant space untenable.
Staff Member Kritz noted that the UDC affords the Commission the ability review the
design standards and waive them where they felt it is appropriate. He said that a building
expansion of this nature triggers the design standards in the UDC for parking lot setback
and screening. He said the applicant is asking to waive the required buffer yard along the
west side of the paved parking lot. He noted that the abutting neighbor had submitted a
letter in support of the request.
In response to a question from Commissioner Belmont, Staff Member Kritz said that the
waiver of the required buffer yard applies only to the west side of the parking lot, not the
rear yard. Commissioners discussed the request and felt it was appropriate.
Motion by Baumhover,seconded by Belmont, to approve the request to waive Section 13
of the UDC Site Design Standards regarding parking lot setbacks. Motion carried by the
following vote: Aye—.Baumhover, Hardie, Christ, Henschel, Belmont, and Norton; Nay—
None.
PUBLIC HEARING/REZONING: Application of City of Dubuque to rezone property located
at 221 & 250 East 8th Street and 300 East gth Street from HI Heavy Industrial to Planned
Unit Development with a PC Planned Commercial designation.
Planning Services Manager Laura Carstens outlined the City's request regarding rezoning
the subject property. She discussed ongoing redevelopment of the adjacent area and said
this request represented an expansion of the Historic Millwork District (HMD) Planned
Commercial District. She discussed past planning efforts for the area that she said
culminated in the Historic Millwork District Master Plan. She noted that the Plan's intent
was to revitalize the area from what were vacant and underutilized buildings into a vibrant
mixed-use commercial and residential area. She said there has been significant
development in the district since the 2009 rezoning.
Staff Member Carstens noted that the Commissioners had been provided a list of bulk
standards and permitted uses for both the Heavy Industrial and HMD districts in their
packet. She outlined the criteria established in the UDC that Commissioners are asked to
consider when granting a rezoning. She said that the use of the subject lots has changed,
noting that manufacturing had ceased. She noted changes to the surrounding area that
she said included infrastructure and streetscape improvements and new commercial and
residential development. She said that the manufacturing is no longer occurring in the
Zoning Advisory Commission Minutes Page 3
January 7, 2015
Historic Millwork District or on the subject property and that the large multi-story building
style is not conducive to modern manufacturing methods.
Commissioner Baumhover asked about parking requirements. He said that he was
concerned that patrons of the retail establishments in the area would not have adequate
parking. Staff Member Carstens said that in the Historic Millwork District, there is no
required parking. She said that the City currently supplies metered surface and ramp
parking, and that some property owners have considered placing parking stalls in their
buildings. She said there are also some private surface lots in the area.
Staff Member Kritz outlined the staff report, noting the land use surrounding the subject
property. He said that the Historic Millwork District, along with the C-4 and C-5 districts do
not require provision of off-street parking. He said that parking is not required because of
the concern that historic building stock would be razed to provide space for surface parking
lots. He said that in the C-5 and Historic Millwork districts, Commission review and Council
approval is needed to permit construction of a parking lot. He discussed the list of uses
permitted in the HMD PC district and he compared it to the uses that are permitted in the
Heavy Industrial district.
Chairperson Norton asked if the property owners have objected to the request. Staff
Member Kritz said he has been contacted by a representative of Jeld-Wen, but he was not
comfortable as staff speaking on behalf of the property owners.
Commissioner Hardie said he was concerned with the lack of input from the owners.
Staff Member Carstens noted that the rezoning packet had been sent to the subject
property owners prior to the meeting. She said that the City had had conversations with
the property owners regarding rezoning their property.
Commissioner Hardie said he felt it was imperative that the Commission receive input from
the property owners.
Jeff Woolworth, Property Manager for Jeld-Wen, said that he had received a packet right
before Christmas, and he said he did not have adequate time to review it. He said he
would like time to be able to review the information.
Commissioner Hardie said he would like to afford the property owners time to review the
proposal. He said he felt there was no reason to rush.
Motion by Hardie, seconded by Belmont, to table the request to rezone property located at
221 &250 East 8th Street and 300 East 9th Street from HI Heavy Industrial to Planned Unit
Development with a PC Planned Commercial designation to the next regular Zoning
Advisory Commission meeting. Motion carried by the following vote: Aye — Baumhover,
Hardie, Christ, Henschel, Belmont and Norton; Nay— None.
Zoning Advisory Commission Minutes Page 4
January 7, 2015
ITEMS FROM STAFF: Staff Member Kritz introduced the newly appointed Commissioner
Laura Roussell.
ADJOURNMENT: The meeting adjourned at 6:30 p.m.
Kyle L. Kritz, Associate Planner Adopted
Dubuque
NY OF blbd
UB E
Masterpiece on the Mississippi
January 27, 2015
TO: Zoning Advisory Commission
FROM: Kyle L. Kritz, Associate Planner
SUBJECT: Rezoning of property at 221 & 250 E. 8th Street & 300 E. 9th Street from HI
Heavy Industrial to Planned Unit Development (PUD) within a PC Planned
Commercial Designation.
INTRODUCTION
The City of Dubuque has made application to rezone the property at 221 & 250 E. 8th
Street and 300 E. 9th Street from HI Heavy Industrial to PUD Planned Unit Development
with a PC Planned Commercial District designation. The rezoning is meant to expand
the Historic Millwork District Boundary to include property owner by Jeld-Wen and
Wayne C. Stewart.
DISCUSSION
The Zoning Advisory Commission tabled the rezoning proposal to allow additional time
for consideration and comment by the impacted property owners. City staff mailed a
letter to the affected property owners on January 14 alerting them to the fact the Zoning
Advisory Commission tabled the request to allow additional time for consideration and
comment by the property owner. The letters that were sent to the property owners are
attached as part of the Commission's packet of information.
RECOMMENDATION
City staff recommends that the Zoning Advisory Commission review the information
included in the packet and make a recommendation to the City Council.
KLK/mkr
Attachments
Planning Services Department
Dubuque City Hall-50 West 13w Sheet
THE CrFY OF _ Dubuque;IA 52001-4805
MameticaClla (563)589-4210 phone
UISaFE Q �e� (563)589-4221 fax
V L (563)690-6678 TDD
Masterpiece on the Mississippi 2007.202.2013 pIanning®cityofdubugue.urg
December 18, 2014
Wayne C. Stewart
868 Scenic Heights
East Dubuque IL 60125
PROPOSAL: Rezoning from HI Heavy Industrial to PUD Planned Unit Development
LOCATION: 221 &250 East 8th Street and 300 East 91 Street, Dubuque, Iowa
APPLICANT: City of Dubuque
Dear Mr. Stewart:
The City of Dubuque plans to rezone the above-cited properties from HI Heavy Industrial to PUD
Planned Unit Development with a PC Planned Commercial designation. This rezoning will
expand the Historic Millwork District PUD boundary to include property owned by you. A public
hearing on the rezoning is scheduled for January 7, 2015 at 6:00 p.m. in the City Council
Chamber, Historic Federal Building, 350 West. 6th Street, Dubuque, Iowa 52001.
A Planned Unit Development (PUD) is a planning process and district for the purpose of
providing for a unique and flexible arrangement of residential, business, or industrial uses in
accordance with an approved conceptual plan. A PUD is established or expanded by rezoning
an area. Two public hearings are required to establish, amend or expand a PUD.
Enclosed are the City of Dubuque's rezoning application, staff report, the Historic Millwork
District PUD ordinance that zones the subject property, and a comparison of the current Heavy
Industrial zoning regulations with the PUD's custom zoning and development regulations.
City staff from the Planning Services Department are available to review the planned rezoning of
your property to the Historic Millwork District PUD Ordinance. Please contact me or Associate
Planner Kyle Kritz for more information, and to schedule a meeting. Thank you.
Sincerely,,
Laura Carstens
Planning Services Manager
Enclosures
cc: Michael Van Milligen, City Manager
Kyle Kritz, Associate Planner
Guy Hemenway, Assistant Planner
- Service People Integrity Responsibility Innovation Teamwork
Planting Services Department
Dubuque City Hall-50 West 13-Sheet
UMQ4
b " Dubuque,lA 57001-4805
MAMIN (563)589-4210 phone
1 I I I r (563)589-4221 fax
(563)690.6678 TDD
Masterpiece on the Mississippi q •ID32•3013 vlannins,@cityofdubuque.org
December 18, 2014
Jeff Woolworth
JELD-WEN Real Estate
VIA Email
PROPOSAL: Rezoning from HI Heavy Industrial to PUD Planned Unit Development
LOCATION: 221 &250 East 811 Street and 300 East 9t" Street, Dubuque, Iowa
APPLICANT: City of Dubuque
Dear Mr. Woolworth:
The City of Dubuque plans to rezone the above-cited properties from HI Heavy Industrial to PUD
Planned Unit Development with a PC Planned Commercial designation. This rezoning will
expand the Historic Millwork District PUD boundary to include property owned by JELD-WEN,
Inc. A public hearing on the rezoning is scheduled for January 7, 2015 at 6:00 p.m. in the City
Council Chamber, Historic Federal Building, 350 West. 6t'' Street, Dubuque, Iowa 52001.
A Planned Unit Development (PUD) is a planning process and district for the purpose of
providing for a unique and flexible arrangement of residential, business, or industrial uses in
accordance with an approved conceptual plan.A PUD is established or expanded by rezoning
an area. Two public hearings are required to establish, amend or expand a PUD.
Enclosed are the City of Dubuque's rezoning application, staff report, the Historic Millwork
District PUD ordinance that zones the subject property; and a comparison of the current Heavy
Industrial zoning regulations with the PUD's custom zoning and development regulations.
A hard copy of this information will be mailed to JELD-WEN, Inc. in Klamath Falls, Oregon.
City staff from the Planning Services Department are available to review the planned rezoning of
JELD-WEN, Inc. property to the Historic Millwork District PUD Ordinance. Please contact me or
Associate Planner Kyle Kritz for more information, and to schedule a meeting or conference call.
Thank you.
Sincerely,
Laura Carstens
Planning Services Manager
Enclosures
cc: Michael Van Milligen, City Manager
Kyle Kritz,Associate Planner
Guy Hemenway, Assistant Planner
- Service People Integrity Responsibility Innovation Teamwork
Pl=dng Services Department
Dubuque City Hall-50 West 13�^Street
THE CITY OF � Dubuque,IA 52001-4805
DUBW (563)589-4210 phone
1 I I I I/ (563)589-4221 fax
(563)690-6678 TDD
7-7
Masterpiece on the Mississippi plannine@cltyofriubuoue.org
December 18, 2014
JELD-WEN, Inc.
P.O. Box 1329
Klamath Falls, OR 97601
PROPOSAL: Rezoning from HI Heavy Industrial to PUD Planned Unit Development
LOCATION: 221 &250 East 81h Street and 300 East 9th Street, Dubuque, Iowa
APPLICANT: City of Dubuque
Dear Sir or Madam:
The City of Dubuque plans to rezone the above-cited properties from HI Heavy Industrial to PUD
Planned Unit Development with a PC Planned Commercial designation. This rezoning will
expand the Historic Millwork District PUD boundary to include property owned by JELD-WEN,
Inc. A public hearing on the rezoning is scheduled for January 7, 2015 at 6:00 p.m. in the City
Council Chamber, Historic Federal Building, 350 West. 6th Street, Dubuque, Iowa 52001.
A Planned Unit Development (PUD) is a planning process and district for the purpose of
providing for a unique and flexible arrangement of residential, business, or industrial uses in
accordance with an approved conceptual plan. A PUD is established or expanded by rezoning
an area. Two public hearings are required to establish, amend or expand a PUD.
Enclosed are the City of Dubuque's rezoning application, staff report, the Historic Millwork
District PUD ordinance that zones the subject property, and a comparison of the current Heavy
Industrial zoning regulations with the PUD's custom zoning and development regulations.
City staff from the Planning Services Department are available to review the planned rezoning of
JELD-WEN, Inc. property to the Historic Millwork District PUD Ordinance. Please contact me or
Associate Planner Kyle Kritz for more information, and to schedule a meeting or conference call.
Thank you.
Sincerely,,
Laura Carstens
Planning Services Manager
Enclosures
cc: Michael Van Milligen, City Manager
Kyle Kritz, Associate Planner
Guy Hemenway, Assistant Planner
Service People Integrity Responsibility Innovation Teamwork
Dubuque Planning Services Department
THE CITY OF f,iii3.i City Hall-50 West U4 Street
Nem, Dubuque,]A 52001-4805
(563)589-4210 phone
UBE (563)589-4221 fax
(563)690-6678 TDD
Masterpiece on the Mississippi 2W7•222.2022 plannin @cityofdubuque.org
January 14, 2015
Jeff Woolworth
JELD-WEN Real Estate
VIA Email
PROPOSAL: Rezoning from HI Heavy Industrial to PUD Planned Unit Development
LOCATION: 221 &250 East 8th Street and 300 East 9th Street, Dubuque, Iowa
APPLICANT: City of Dubuque
Dear Mr. Woolworth:
The City of Dubuque plans to rezone the above-cited properties from HI Heavy Industrial to PUD
Planned Unit Development with a PC Planned Commercial designation. This rezoning will
expand the Historic Millwork District PUD boundary to include property owned by JELD-WEN,
Inc. Thank you for attending and speaking at the initial public hearing on January 7, 2015.
The City of Dubuque's Zoning Advisory Commission has tabled the public hearing on the
rezoning until February 4, 2015 at 6:00 p.m. in the City Council Chamber, Historic Federal
Building, 350 West. 6th Street, Dubuque, Iowa 52001. The Commission tabled the rezoning
proposal to allow additional time for consideration and comment by the impacted property
owners, JELD WEN, Inc. and Wayne C. Stewart.
City staff previously provided you with an electronic copy of the City of Dubuque's rezoning
application, staff report, the Historic Millwork District PUD ordinance that would rezone the
subject property, and a comparison of the current HI Heavy Industrial zoning regulations with the
PUD's custom zoning and development regulations. A hard copy of this information was express
mailed to JELD-WEN, Inc. in Klamath Falls, Oregon. If you need another copy, please advise.
City staff from the Planning Services Department are available to review the planned rezoning of
JELD-WEN, Inc. property to the Historic Millwork District PUD Ordinance. Please contact me or
Associate Planner Kyle Kritz for more information, and to schedule a meeting or conference call.
Thank you.
Sincerely,
�15�
Laura Carstens
Planning Services Manager
Enclosures
cc: Michael Van Milligan, City Manager
Kyle Kritz, Associate Planner
Guy Hemenway, Assistant Planner
Service People Integrity Responsibility Innovation Teamwork
Dubuque Planting Services Department
City Hall-50 West 13�Street
THE CTTY OF
NI-kMdrACiry Dubuque,1A 52001-4805
T TR (563)589-4210 phone
V B E 1 I I I I (563)589-4221 fax
(563)690-6678 TDD
Masterpiece on the Mississippi M-W12.2on plannin ®cilyofdubuque.org
January 14, 2015
JELD-WEN, Inc.
P.O. Box 1329
Klamath Falls, OR 97601
PROPOSAL: Rezoning from HI Heavy Industrial to PUD Planned Unit Development
LOCATION: 221 & 250 East 8" Street and 300 East 911 Street, Dubuque, Iowa
APPLICANT: City of Dubuque
Dear Sir or Madam:
The City of Dubuque plans to rezone the above-cited properties from HI Heavy Industrial to PUD
Planned Unit Development with a PC Planned Commercial designation. This rezoning will
expand the Historic Millwork District PUD boundary to include property owned by JELD-WEN,
Inc.
The City of Dubuque's Zoning Advisory Commission has tabled the public hearing on the
rezoning until February 4, 2015 at 6:00 p.m, in the City Council Chamber, Historic Federal
Building, 350 West. 6t" Street, Dubuque, Iowa 52001. The Commission tabled the rezoning
proposal to allow additional time for consideration and comment by the impacted property
owners, JELD WEN, Inc. and Wayne C. Stewart.
City staff previously mailed a hard copy of the City of Dubuque's rezoning application, staff
report, the Historic Millwork District PUD ordinance that would rezone the subject property, and a
comparison of the current HI Heavy Industrial zoning regulations with the PUD's custom zoning
and development regulations to the above address. An electronic copy of this information was
emailed to Jeff Woolworth of JELD-WEN Real Estate. If another copy is needed, please advise.
City staff from the Planning Services Department are available to review the planned rezoning of
JELD-WEN, Inc. property to the Historic Millwork District PUD Ordinance. Please contact me or
Associate Planner Kyle Kritz for more information, and to schedule a meeting or conference call.
Thank you.
Sincerely,
Laura Carstens
Planning Services Manager
Enclosures
cc: Michael Van Milligen, City Manager
Kyle Kritz, Associate Planner
Guy Hemenway, Assistant Planner
Jeff Woolworth, JELD-WEN Real Estate
Service People Integrity Responsibility Innovation Teamwork
Dubuque Planning Services Department
Ci
ty Hall-50 West 13th Street
THE CITV OF
Dubuque,IA 52001-4805
(563)589-4210 phone
DU-13 E ,I I I L' (563)589-4221 fax
(563)690-6678 TDD
Masterpiece on the Mississippi 2m7•2012•2013 manning@cityofdubuque.org
January 14, 2015
Wayne C. Stewart
868 Scenic Heights
East Dubuque IL 60125
PROPOSAL: Rezoning from HI Heavy Industrial to PUD Planned Unit Development
LOCATION: 221 & 250 East 8111 Street and 300 East 9"' Street, Dubuque, Iowa
APPLICANT: City of Dubuque
Dear Mr. Stewart:
The City of Dubuque plans to rezone the above-cited properties from HI Heavy Industrial to PUD
Planned Unit Development with a PC Planned Commercial designation. This rezoning will
expand the Historic Millwork District PUD boundary to include property owned by you.
The City of Dubuque's Zoning Advisory Commission has tabled the public hearing on the
rezoning until February 4, 2015 at 6:00 p.m. in the City Council Chamber, Historic Federal
Building, 350 West. 6th Street, Dubuque, Iowa 52001. The Commission tabled the rezoning
proposal to allow additional time for consideration and comment by the impacted property
owners, JELD WEN, Inc. and yourself.
City staff previously mailed a hard copy of the City of Dubuque's rezoning application, staff
report, the Historic Millwork District PUD ordinance that would rezone the subject property, and a
comparison of the current HI Heavy Industrial zoning regulations with the PUD's custom zoning
and development regulations to you at the above address. An electronic copy of this information
also was emailed to you as well. If another copy is needed, please advise.
City staff from the Planning Services Department are available to review the planned rezoning of
your property to the Historic Millwork District PUD Ordinance. Please contact me or Associate
Planner Kyle Kritz for more information, and to schedule a meeting. Thank you.
Sincerely,,
Laura Carstens
Planning Services Manager
Enclosures
cc: Michael Van Milligan, City Manager
Kyle Kritz, Associate Planner
Guy Hemenway, Assistant Planner
Service People Integrity Responsibility Innovation Temiwork
THE CrrY OF Dubuque
DUB E
Masterpiece on the Mississippi
MEMORANDUM
TO: Zoning Advisory Commission �p�
FROM: Laura Carstens, Planning Services Manager c
SUBJECT: Rezoning of 221 &250 E. 8th Street and 300 W. 9th Street to HMD PUD
DATE: February 2, 2015
Introduction
On January 7, 2015,the Zoning Advisory Commission tabled the public hearing on the City's
rezoning request of 221 &250 E. 8th Street and 300 W. 91h Street to the Historic Millwork District
PUD (Planned Unit Development) District until February 4, 2015.
Discussion
The Commission tabled the proposal to allow additional time for consideration and comment by
the impacted property owners,JELD WEN, Inc. and Wayne C. Stewart. Planning Services staff
notified these property owners of the new hearing date and that staff were available to review
the PUD Ordinance at a meeting or by conference call.
To date, we only have received correspondence about the rezoning from Jeffrey Woolworth, the
JELD-WEN representative who spoke at the January public meeting. In response, Planning
Services staff provided Mr. Woolworth with information on the City's design guidelines,
development review process, and economic incentives, as well as the enclosed summary of
Historic Millwork District revitalization.
Recommendation
Planning Services staff recommends the Commission consider the criteria for rezoning in UDC
Article 9-5: "It shall be the policy of the City to reclassify property only where a clear showing
has been made that the original classification was a mistake or that circumstances and
conditions affecting the property in question have so materially changed so as to demand
reclassification in the public interest."
With the cessation of manufacturing, redevelopment of adjacent property for residential and
commercial uses, streetscape and infrastructure improvements, and the evolution of
manufacturing from large older inefficient multi-story buildings to single story energy efficient
buildings, conditions have materially changed in the area proposed for rezoning.
Enclosure
cc: Kyle Kritz, Associate Planner
Guy Hemenway, Assistant Planner
Historic Millwork District Revitalization: A Summary
Once a bustling hub of regional economic activity, Dubuque's Millwork District sat largely
vacant for decades after it fell victim to the economic shifts that plagued much of the Midwest
in the mid 1900's. The district includes over 1 million of historic warehouse space in 28
buildings covering 17 city blocks and sits prominently between the downtown and the Port.
Today, revitalization is underway through implementation of the 2009 Master Plan with a
phased development approach, strong community partnerships, public engagement, and a
citywide commitment to sustainability. An estimated $200 million in private/public investment
over 10 years will transform it into a neighborhood where people can live, work and play.
Goals of the District's Master Plan are:
• The creation of a thriving, mixed use neighborhood
• The preservation and sustainability of the Millwork District
• The creation of a clean and attractive streetscape
• Improve pedestrian, bicycle,and vehicular traffic
• Improved parking opportunities
Through implementation of the 2009 Master Plan,the Historic Millwork District will create an
estimated 110,000 square feet of retail space, 250,000 square feet of office space and over 500
housing units over multiple phases, according to the 2009 economic feasibility and market
analysis prepared by Economics Research Associates.
The City uses the Historic Millwork District PUD (Planned Unit Development)zoning, economic
development incentives, and capital improvement projects to implement the Master Plan,
These strategies have resulted in significant return on public investment with job creation, new
housing units, new businesses, and private investment in the District.A feeling of community
has emerged from the District's focus on the arts through festivals, classes, and galleries.
Complete Streets Project
"Complete Streets" are designed and operated to enable safe access for pedestrians, bicyclists,
transit riders, and motorists of all ages and abilities.With a $5.6 million federal transportation
grant and $1.87 million from City General Obligation bonds,the District streets were designed
and built as a "Complete Streets" model for other communities.
The two-year project included the reconstruction of 10th Street from Jackson to Elm Streets,
Washington Street from 9th to 11th Streets, and Jackson Street from 7th to 11th Streets with
pervious pavementfor streets, alleys and parking areas, utility upgrades,streetscape amenities,
and intermodal components. The utility upgrades included the construction of new storm
sewers,to improve the stormwater conveyance in the area.The streetscape elements were
designed and produced by local artists and manufacturers.
Non-Public Investment
The District's pervious pavement system effectively conveys stormwater into the underlying
soils to mitigate the recurring flooding problem that plagued the Historic Millwork District and
1
Historic Millwork District Revitalization: A Summary
stood in the way of its redevelopment. Mixed-use redevelopment of the Historic Millwork
District is facilitated through the PUD zoning. With these capital improvements and PUD zoning,
non-public investment completed, under development, or anticipated includes:
Historic Millwork District Non-Public Investment
Total Project Investment Total Project
Project Location (Completed/Under Investment
Development Since 2008) (Estimate)
CARADCO 900 Jackson Street $32,000,000
Novelty Ironworks 333 E. 10th Street $40,000,000
Betty Building 151 E. 9th Street $4,000,000
Voices Building 1000 Jackson Street $28,000,000
Power Plant 975 Jackson Street $2,500,000
Foundry 990 Washington St $1,500,000
Farley Loetscher 601 Jackson Street $60,000,000
Kirby Building 750 White Street $50,000,000
Wilmac Building 801 Jackson Street $40,000,000
Total Non-Public Investment $108,000,000 $150,000,000
Grand Total $258,000,000
CARADCO Renovation
The anchor building—the old CARADCO factory— is already complete, led by private
investment. Occupying an entire city block,this 186,000 square foot historic manufacturing
complex has undergone a $29 million renovation. A variety of retail, commercial, social, art and
civic spaces are seamlessly integrated into the CARADCO project,which has brought culture and
vibrancy back to the area.
Today, there are 72 residential units on the second and third floors,39,000 square feet of main
level commercial and retail space, and 20,000 square feet of lower level space. Innovative green
infrastructure,energy efficient technologies, and an accessible courtyard are incorporated into
the project to enhance environmental quality and public health for the tenants and coomunity.
Planned Capital Improvements
Reconstruction of Washington Street from 7th to 9th Streets is slated for FY2015 and FY2016.
Construction may occur late this summer or next year; design is underway.The project will
have special assessments consistent with street projects in the District and the rest of the city.
The City is committed to developing 500 parking spaces in the District;funding sources will be
TIF and parking fees.The Intermodal Facility currently under construction is financed in part
with a federal grant, and is scheduled to open in August 2015. It will provide connections for
vehicles,transit, intercity busses,taxis, bikes, pedestrians,and eventually passenger rail.
2
THE CITY Of Dubuque
bAd
DUB E Waficaft
Masterpiece off the Mississippi III I
207.2012•2013
MEMORANDUM
TO: Zoning Advisory Commission
FROM: Laura Carstens, Planning Services Manager
SUBJECT: Notification to Impacted Property Owners of HMD PUD Rezoning
Request
DATE: February 3, 2015
Introduction
On January 7, 2015, the Zoning Advisory Commission tabled the public hearing on the
City's request for 221 & 250 E. 8th Street and 300 W. 9th Street to the Historic Millwork
District (HMD) Planned Unit Development (PUD) District to February 4, 2015.
Zoning Advisory Commission Chairperson Patrick Norton has asked me to provide the
Commission with additional information regarding notification of impacted owners of the
City's request for rezoning.
Discussion
As documented in the Commission's February 4th agenda packet, I personally notified
the impacted property owners, JELD-WEN, Inc. and Wayne C. Stewart, by mail on
December 18, 2014 of the City's request and the public hearing on January 7, 2015.
These notifications were sent to the JELD-WEN, Inc. corporate office in Klamath Falls,
Oregon and to Jeff Woolworth, JELD-WEN Real Estate.
also personally emailed Mr. Stewart and Mr. Woolworth with the same information on
December 18, 2014.
In addition, Planning Services staff mailed official notification to the impacted property
owners, the other property owners in the HMD PUD District, and property owners within
200 feet of the district on December 18, 2014 in accordance with notification provisions
in Article 9 of the Unified Development Code (UDC).
On December 22, 2015, the City Manager and Planning Services staff held a
conference call with Jeff Woolworth of JELD-WEN Real Estate to discuss the City's
rezoning request.
Again, as documented in the packet, I personally notified the impacted property owners,
JELD-WEN, Inc. and Wayne C. Stewart, by mail on January 14, 2015 of the
Commission's decision to table the public hearing to February 4, 2015.
These notifications were sent to the JELD-WEN, Inc. corporate office in Klamath Falls,
Oregon and to Jeff Woolworth, JELD-WEN Real Estate.
Again, I personally emailed Mr. Stewart and Mr. Woolworth with the same information
on January 14, 2015.
In addition, Planning Services staff mailed official notification to the impacted property
owners, the other property owners in the HMD PUD District, and property owners within
200 feet of the district on January 21, 2015. This second mailing is in excess of UDC
notification provisions.
To date, we have not been contacted by JELD-WEN, Inc. or Mr. Stewart.
We have been contacted only by Jeffrey Woolworth, JELD-WEN Real Estate. In
response, Planning Services staff provided Mr. Woolworth with information on the City's
design guidelines, development review process, economic incentives, and a summary
of Historic Millwork District revitalization.
Recommendation
Staff recommends that the Zoning Advisory Commission receive and file this memo,
and then act on the City's rezoning request. Thank you.
cc: Kyle Kritz, Associate Planner
Guy Hemenway, Assistant Planner
2
Dubuque Planning Services Department
THE CITY OF Q City Hall-50 West 13s,Sheet
Dubuque,IA 52001-4805
AFAMKINCHY (563)589-4210 phone
UBE (563)5894221 fax
(563)690-6678 TDD
7-7
Masterpiece on the Mississippi wm•aou•oma yarning@cityofdubuque or¢
February 3, 2015
Jeff Woolworth
JELD-WEN Real Estate
VIA Email
Dear Mr. Woolworth:
This letter responds to your email of February 2, 2015 in which you ask"how will the proposed
addition of the JELD-WEN properties change the existing Master Plan of the district?"
The 2009 Historic Millwork District Master Plan is intended to foster opportunities for retention of
existing businesses as well as recruitment and expansion of new businesses into the substantial
floor space that the existing large warehouses offer. In this respect, City staff believes that
JELD-WEN'S historic warehouse structures can take advantage of these opportunities.
As you know, JELD-WEN's properties currently are zoned HI Heavy Industrial. The Historic
Millwork District PUD Ordinance sets forth uses, standards, and a conceptual development plan
for the District based on the previous C-4 Downtown Commercial District and HI Heavy Industrial
District zoning. Some HI uses are deleted from the PUD and some HI product sales and
manufacturing uses are moved from permitted to conditional uses.
Section D. Performance Standards of the PUD Ordinance states: "Creation of a viable,
equitable, and livable mixed-use neighborhood in the Historic Millwork District PUD that includes
residential, retail, office, commercial, and industrial uses requires both strategy and flexibility for
its sustainability."As it does throughout the District, the conceptual development plan (Exhibit B
of the PUD Ordinance) allows flexibility in ground floor uses for the JELD-WEN properties.
This letter will be filed with the Zoning Advisory Commission at their February 41h public hearing.
Planning Services staff are available to review the Historic Millwork District Master Plan and the
PUD Ordinance. Please contact me or Associate Planner Kyle Kritz for more information, and to
schedule a meeting or conference call.
Sincerely,
Laura Carstens
Planning Services Manager
Enclosures
cc: Kyle Kritz, Associate Planner
Guy Hemenway, Assistant Planner
Service People Integrity Responsibility Innovation Teamwork
Page 1 of 1
Laura Carstens - Objection of JELD-WEN, inc.
From: "Nicole Keller" <nicole@golawpc,com>
To: <kfirnsta@cityofdubuque.org>, <lcarsten@cityofdubuque.org>, <ghemenwa@ci...
Date: 2/4/2015 12:28 PM
Subject: Objection of JELD-WEN,inc.
Attachments: JELD-WEN,inc- Objection.pdf
Hello Ladies and Gentlemen,
Attached,please find JELD-WEN,int.'s objection to the rezoning of its property pursuant to the City of
Dubuque Unified Development Code § 9-5.3(C).
Please provide a copy of this objection to the Zoning Advisory Commission prior to their February 4,2015
meeting.
Please do not hesitate to contact me with questions or concerns.
Thank you for your time and attention. D
Sincerely,Nicole N F F B 4 2015
Nicole L.Keller
GOODMAN LAW,P.C. CITY OF DUBUQUE
One Corporate Place PLANNING SERVICES DEPARTMENT
1501 42nd Street Suite 300
West Des Moines,Iowa 50266
Telephone: 515/267-8600
Facsimile: 515/224-2075
CONFIDENTIALITY NOTICE: The Information contained in this e-mail transmission is legally privileged and confidential information intended
only for the use of the party to whom it is addressed. The information contained in this transmission is the property of the sender. If you are
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of the transmitted information is prohibited. If you have received this transmission in error,please immediately notify the sender by
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Click here to report this email as spam,
file:///C:/Users/Icarsten/AppData/Local/Temp/XPgrpwise/54D21051 DBQ_DODBQ_PO 100... 2/4/2015
GOODMAN LAW, P. C .
ATTORNEYS AND COUNSELORS AT LAW
Jeffrey L.Goodman*
Nicole L.Kellet Nicole L.Keller
Kevin J.Rutan e-mail: Nko-le@go1-awpc.co
*Licensed in Iowa,NGnnesota,Wisconsin
Illinois,Nfissouci,Kansas and Nebraska
February 4,2015
VIA EMAIL AND REGULAR MAIL:lcfirnsta@cityofdubuque.org;
lcatsten@cityofdubuque.org;ghemenwa@cityofdubuque.otg;planning@cityofdubuque.org
City of Dubuque
City Clerk
50 West 13th Street
Dubuque,IA 52001
Re; JET -WEN,inc.'s Objection to Rezoning
Dubuque Unified Development Code§ 9-5.3(C)
OBJECTION
Dear: Sir or Madam:
Background
The City of Dubuque("City")proposes the rezoning of approximately 2.9 acres of
property from Heavy Industrial to Planned Unit Development with a PC Planned
Commercial designation, (See Exhibit A).The property is the current location of Stewart
Construction and the JELD-WEN,inc. QELD-WEN)millwotk facility. The City's intent is
to incorporate the subject lots into the Historic Millwork District
JELD-WEN owns more than twenty (20)percent of the affected property as
required by the City of Dubuque Unified Development Code§ 9-5.3(C). JELD-WEN
hereby objects to the rezoning of its property for the reasons set forth herein and asks that
the City's proposal be denied. JELD-WEN reserves the right to make additional arguments
against the rezoning of its property.
ONE CORPORATE PLACE
1501 42ND STREET, SUITE 300 1 WEST DES MOINES, IOWA 1 $0266
PHONE: (515) 267-8600 1 FAX: (515) 224-2075
February 4,2015
Page 2 of 5
1. Rezoning this proaeM is contrM to the Dubuque Comprehensive Plan
The City's rezoning efforts are not consistent with the Third Land Use and Urban
Design Goals set forth in Dubuque's Comprehensive Plan,which state in part:
Goal Three:
Provide sufficient opportunities for industrial development
sites within the community.
3.1 Promote the retention and expansion of existing,
and attraction of new,industrial development opportunities
in suitable locations,including airport environs.
32 Support protecting existing industrial and airport
development from encroachment by incompatible
development.
Nor are they consistent with the Third Economic Development Goal in Dubuque's
Comprehensive Plan,which states in part:
Goal Threc:
To concentrate on retaining and expanding existing local
business.
3.3 Encourage existing neighborhood employers to
grow"in place,"keeping jobs close to where people live.
3.4 Promote retaining existing manufacturing firms
and facilitate their expansion.
The Commission and City Council should give due consideration to JELD-WEN'S
concerns,support the retention of existing manufacturing facilities as requited by the
Dubuque Comprehensive Plan and deny the City's request to unilaterally rezone JELD-
WEN's property.
II. Rezoning this property is contratXto the Dubuque Unified Development Code
After review of the City's proposal,City Staff recommended review Article 9-5 of
Dubuque's Unified Development Code.
Article 9-5 reads in part as follows:
A. The City Council finds that the reclassification of
property is a sensitive and important legislative function
which,in the interest of maintaining uniform zoning
February 4,2015
Page 3 of 5
policies and the integrity of the Comprehensive Plan,
should only be exercised sparingly and under proper
conditions.For this reason,and because the original
zoning district boundaries under this Code are presumed
to be correct and appropriate,it shall hereafter be the
policy of the City to reclassify property only where a clear
showing has been made that the original classification was
a mistake or that circumstances and conditions affecting
the property in question have so materially changed so as
to demand reclassification in the public interest
The City has not made the required"clear showing" that the existing Heavy
Industrial classification is a"mistake or the that circumstances and conditions affecting the
property in question have so materially changed so as to demand reclassification."Empharfs
added. Therefore,the City has not overcome the presumption contained in Article 9-5 that
the existing zoning is"correct and appropriate." On this basis alone the City s rezoning
request must be denied.
Article 9-5 goes on to state:
B. The reclassification procedures outlined herein should
not be confused with,or used in place of,the Code
amendment process or the variance process.Thus, the
Council intends that reclassification of property should
not be entertained where: 1)an alleged hardship peculiar
to the property is claimed,which is more properly the
subject of a variance request,or 2)it is alleged that the
Code provisions themselves as applied to similar
properties are unreasonable,which is more properly the
subject of a text amendment proposal.In all cases,the
burden shall be upon the person(s) seeking
reclassification to demonstrate that the requested
reclassification is more appropriate than the present
classification,in light of the characteristics of the property
and the public welfare.
Pursuant to this section,the City has the burden to demonstrate that the requested
classification is more appropriate than the present classification. The City has not satisfied
this burden and,because the proposed reclassification will cause a hardship to JELD-WEN,
the proposed reclassification"should not be entertained"pursuant to article 9-5(B).
III. IELD-WEN has not abandoned its industrial use of the pronem
In its Application the City has listed the existing land use as vacant/industrial.
(Exhibit A).. This description is not accurate and JELD-WEN objects to this description.
February 4,2015
Page 4 of 5
This property is not vacant nor has its industrial use been abandoned by JELD-WEN. The
proper classification of the existing land use is heavy industrial.
JELD-WEN likewise objects to the City Staff's statement that the property houses a
"former"JELD-WEN millwork facility. A proper description of this property is simply a
JELD-WEN millwork facility,
IV.Rezoning this property amounts to an impermissible taking-without just
compensation in violation of the Fifth and Fourteenth Amendments to the
United States Constitution and Article I section 18 of the Iowa Constitution
The City's rezoning proposal,if adopted,will deprive JFM-WEN of their property
without due process of law and will act as an impermissible taking or condemnation of
JELD-WEN'S property without just compensation in violation of the Fifth and Fourteenth
Amendments to the United States Constitution and Article I,section 18 of the Iowa
Constitution because the rezoning seeks to deprive JELD-WEN of the beneficial uses and
value of its property.
V. The rezoning of this property over the objection of the landowner is arbitrary and
caonicious and/or an unreasonable exercise of the City's police power
The rezoning of this property over the objection of the landowner,JELD-WEN,is
arbitrary and capricious and/or an unreasonable exercise of the City's police power because:
1. the City has not given due consideration to the Dubuque Comprehensive Plan and
the goals set forth therein;
2.. the City has not met its burdens asset forth in the Dubuque Redevelopment Code at
g 9-5 to:
a. make a clear showing that the existing classification is a"mistake or that the
circumstances and conditions affecting the property in question have so
materially changed so as to demand reclassification."Ev*ba is added;not
b. to demonstrate that the requested classification is more appropriate than the
present classification;
3. the rezoning constitutes a condemnation and/or taking of JELD-WEN'S property
without just compensation;and
4. the rezoning violates JELD-WEN's right to due process.
VI. Rezoning at this time is disruptive to the process of id=nft iga beneficial use of
this PrO errty
JELD-WEN has operated the production facility in question for approximately
thirty-seven(37)years. JELD-WEN has made efforts to identify the best possible use of the
February 4,2015
Page 5 of 5
property. Rezoning the property at this time is disruptive to this process and discussions
which are already underway. In addition,the rezoning of this property at this time would
have little or no benefit to the City because JELD-WEN would could continue to use
and/or market the property as heavy industrial under Dubuque's existing non-conforming
use laws.
The Commission and City Council should allow JELD-WEN to continue its efforts
to explore all future uses of the property by denying the City's efforts to rezone the property
at this time.
JELD-WEN hereby objects to the rezoning of its property pursuant to the City of
Dubuque Unified Development Code 5 9-5.3(C) and requests that the City's Application be
denied for the reasons set forth herein. (Exhibit A). JELD-WEN reserves the right to offer
additional arguments in opposition to the rezoning of its property.
Very truly yours,
G`OnODMPWP.C.
I %
Nicole Feller
fox JELD-WEN,me.
THB CT{Y OA Dubuque City of Dubuque
Planning Services Department
lJ tJ Dubuque,IA 52001-4805 I
Phone:563-589-4210 J
Masterpiece on tile Mississippi Fax: 563-589.4221 1
m•mn•vu
I�anning(aldtvofdubuque om
PLANNING APPLICATION FORM
❑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 ❑Demolltlon
®Rezoning/PUD/ID ❑Major Site Plan ❑Hlstoric Housing Grant ❑Part of Dubuque Design Review
Please type or print legibly in in
Property owner(s):3elch en Inc 1 Wayne C Stewart Phone: N/A
Address:See attached City: State: ZIP:
Fax#: Cell#: E-mail:
Applicant/Agent: City of Dubuque Phone: 563-589-4210
Address: 50 W. 1P St. Oty: Dubuque State:IA Zip: K9001
Fax#: �'63-589.4221 Cell#: E-mail: plannIna@ltyQWubugue org
Site location/address: 300E 9v'St 1221 L 250E 8s'St Neighborhood Association: N/A
Existing zoning: HI Proposed zoning: PUD District: N/A Landmark:❑Yes 9 No
Legal Description(Sidwell parcel ID#or lot number/block number/subdivlslon): See attached
Total property(lot)area(square feet or acres): 1871 87 act
Describe proposal and reason necessary(attach a letter of explanation,if needed): Redevelopment of surrounding area for
commercial/residential land use makes It appropriate to rezone property from Heavy Industrial to Planned Unit Development
CERTIFICATION: I/we,the undersigned,do hereby certify/acknowledge that:
1. It Is the property owner's responsibility to locate property lines and to review the abstract for easements and restrictive
covenants.
2. The information submitted herein Is true and correct to the best of my/our knowledge and upon submittal becomes public
record;
3. Fees are not refundable and payment does not guarantee approval;and
4. All additional required written and graphic materials are attached.
Property Owner(s): Date:
Applicant/Agent: Date:
FOR OFFICE USE ONLY—APPLICATIg J SUBMITTA CHECKLIST
Fee: Received by: Date:
EXHIBIT
--A,— -
PLANNING APPLICATION FORM —Attachments
i
Rezoning of 300 E. 9w St. / 221 & 250 E. 8n' St. from HI to PUD
City of Dubuque, applicant
Property Owners:
JELD-WEN, Inc.
P.O. Box 1329
Klamath Falls, OR 97601
Wayne C. Stewart
P.O. Box 49
East Dubuque, IL 60125
Legal Descriptions (County Parcel ID Numbers):
CITY LOT 415A (10-24-484-009)
S 26'OF CITY LOT 415 (10-24-484-005)
CITY LOTS 402, 403, N 252" LOT 415, 416 &416A (10-24484-010)
PT OF CITY LOT 509 PT OF 2-4 OF CITY LOT 509A(10-24-485-001)
NW PT OF LOT 1 MIDWEST LUMBER CO PL (10-24-490-001)
CITY LOTS 405,405A, 406,407,408,409,410, 411,412,413,414&2-417 (10-24489-002)
Zoning= REZONING STAFF REPORT 9 Agenda: January 7, 2015
I
Property Address: 220 E. Br" Street, 250 E. 8r" Street and 300 E. 91" Street(Parcel
#s 10-24-484-005, 10-24-484-009, 10-24-484-010, 10-24-486-
001,
0-24-484-005, 10-24-484-009, 10-24.484-010, 10-24-485-001, 10-24-489-002 and 10-24-490-001)
Property Owners: Jeld Wen Inc. and Wayne C. Stewart
Applicant: City of Dubuque
Proposed Land Use: Mixed-Use Commercial/Residential Proposed Zoning: PC
Existing Land Use: Vacant/Industrial Existing Zoning: Hl
Adjacent Land Use: North—Commercial/Industrial/Vac. Adjacent Zoning: HI
North—PC
Eas
East—ROW/Industrial South—P
South—Vacant/ROW West—PC
West—Commercial/industrial
Former Zoning: 1934—HI Total Area: 2.9 Acres
1975—HI
1985— HI
Property History: The property was platted as part of the original City Lot Subdivision
circa 1880. There were factory millwork buildings built here starting in 1918 and Jeld
Wen Fiber products renovated the original millwork buildings in 1978. Jeld Wen ceased
operations within the past year and all but one building used by Stewart Construction
are vacant.
Physical Characteristics:The subject property consists of six level lots that total
approximately 2.9 acres located along the 7r", 8", 9'", Washington and Jackson Street
frontages and the Highway 61/151 freeway right-of-way.
Concurrence with Comprehensive Plan: The Comprehensive Plan encourages
mixed use development but also recommends that incompatible uses be buffered from
each other. The 2030 Future Land Use Map calls for this area to be light Industrial and
office uses. This area also is a part of the Historic Millwork District Master Plan. The
2009 Master Plan did not address future land use other than industrial for the area as
Jeld Wen's intention to cease operations was not known during the planning process.
Impact of Request on:
Utilities: Existing utilities are adequate to serve the site and storm water
management will comply with established City regulations and policies.
Rezoning Staff Report—220 E. 8m Street, 250 E. 81" Street and 300 E. gth Street
Page 2
Traffic Patterns/Counts: IDOT Average Daily Traffic counts indicate 2,900 vehicle
trips per day along 9`h Street at the north end of the subject properties and 5,700
vehicle trips per day along White Street southeast of the subject property.
However, as both 9th and 11 u,Streets have been changed to allow two-way traffic,
these counts are probably not currently accurate. The City is reconfiguring the
street patterns in and around the HMD PC in an effort to facilitate traffic flow and I
relieve congestion.
Public Services: Existing public services are adequate to serve the property.
Environment: Staff does not anticipate any adverse impact to the environment
provided adequate erosion control and storm water management are provided
during all phases of new development or during redevelopment of existing
buildings,
Adjacent Properties: The subject properties are bordered on the east and south by
the Highway 611151 right-of-way and a vacant lot. The proposed rezoning should
have little impact on the right-of-way and vacant lot. The property Is bordered on
the north and east by businesses located in the Historic Millwork District Planned
Commercial district. Some of these properties are legally non-conforming
commercial and industrial businesses. Incorporation of the subject lot into the
surrounding HMD PC district should insure compatibility between potential
development within the subject property and the surrounding Planned Commercial
district. Redevelopment of the subject property may create additional traffic and
demand on parking. However, the City and private developers are actively creating
surface parking lots and a parking ramp to help provide additional off-street parking
in the district.
CIP Investments: None proposed.
Staff Analysis: The City of Dubuque is proposing to rezone approximately 2.9 acres of
property from Heavy Industrial to Planned Unit Development with a PC Planned
Commercial designation.The property is the current location of Stewart Construction
and the former Jeld Wed millwork facility. The properties accommodate multi-story
brick millwork buildings and have no off-street parking. The intent is to incorporate the
subject lots into the Historic Millwork District PC district.
A detailed analysis of the rezoning comparing the existing HI regulations and the
proposed HMD PC regulations that includes permitted uses, bulk standards and
signage, lighting and parking regulations is attached to this staff report.
i
i
Rezoning Staff Report—220 E. 8" Street, 250 E. 8th Street and 300 E. 9m Street
Page 3
Recommendation: Staff recommends the Commission review Article 9-5 of the
Unified Development Code regarding reclassification of property.
Prepared by: �iCi� INwT! Reviewed: Date: /7 /
City Rezoning of Jeld-Wen and Stewart Properties from HI Heavy Industrial to
Historic Millwork District PUD (Planned Unit Development) District i
Introduction
A Planned Unit Development(PUD) district is a planning process and a zoning
classification for the purpose of providing for a unique and flexible arrangement of
residential, business, or industrial uses in accordance with an approved conceptual
development plan. A PUD is established by rezoning an area.
The attached Historic Millwork District PUD Ordinance describes uses, standards,
and development regulations for rezoning of the Jeld-Wen and Stewart properties. The
area to be rezoned is shown on Exhibit A. The PUD rezoning is made in accordance
with the conceptual development plan, shown on Exhibit B. An aerial photograph of the
are to be rezoned also is attached.
The City-initiated rezoning is from the current HI Heavy Industrial District to Planned
Unit Development (PUD) District with a PC Planned Commercial designation. Two
public hearings are required for approval of the rezoning.
Backaround
The Historic Millwork District Master Plan adopted by the City Council in 2009 is
intended to foster opportunities for retention of existing businesses as well as
recruitment and expansion of new businesses into the substantial floor space that the
existing large warehouses offer. Highlights of the Master Plan include the conversion of
over 1 million square feet of vacant and/or underutilized space into a live, work, play
community.
The existing industrial uses, and the growing adaptive reuse of these warehouses into a
mix of office, commercial, entertainment, and residential uses, are supported by the
Master Plan's unique qualities of melding market opportunities, sustainable design,
historic preservation and sound planning principles.
The Historic Millwork District PUD Ordinance adopted by.the City Council in 2010
sets forth uses, standards, and a conceptual plan for this revitalization area. The
allowed uses were based on the previous zoning classifications of C-4 Downtown
Commercial District and Hl Heavy Industrial District. The Historic Millwork District
Master Plan was used to further refine the uses, bulk regulations, and performance
standards described in the PUD ordinance.
Discussion
The uses allowed in the HI zoning district form the basis for the uses in the PUD.
Currently, commercial services, wholesale and manufacturing uses are permitted uses
1
I
City Rezoning of Jeld-Wen and Stewart Properties from Hl Heavy Industrial to
Historic Millwork District PUD (Planned Unit Development) District
i
while residential uses above the first floor and retail sales and service are conditional
uses in the HI District. The proposed PUD ordinance"flips"this use configuration.
The Architectural Guidelines are incorporated into the PUD in accordance with the
Historic Millwork District Master Plan.Variances from the guidelines are reviewed by the
Historic Preservation Commission.
Maior discussion points for the rezoning from HI to PUD follow:
1. Comparison of HI and PUD Uses. The handout of Section 5-16 HI Heavy
Industrial of the City's Unified Development Code shows the HI uses deleted
from the PUD uses in strikethrough text. Some product sales and manufacturing
uses have been moved from permitted uses to conditional uses.
Existing wholesalers and manufacturing uses that would become conditional
uses are allowed to continue; however, any expansion requires approval of a
conditional use permit by the Zoning Board of Adjustment.The Board is five
residents appointed by the City Council and meets monthly. Applications
generally are handled in less than 30 days, and most requests are approved.
2. Since the Master Plan speaks to residential uses on the ground floor, the PUD
allows residential uses on all building levels. The HI conditional use of residential
units Is deleted from HI, since this use is allowed in the PUD.
3. In the bulk regulations section, the maximum building height(now 150 feet in
the HI district) is eliminated, so there is no maximum building in the PUD.
Building height is regulated through application of the Architectural Guidelines to
all redevelopment and new construction.
4. Off-premise signs are prohibited in the PUD; currently,they are allowed in the
HI district. On-premise signs in the PUD would follow the C-4 sign regulations '
(see attachment)for their flexibility over the HI sign regulations for multiple uses
in a single building. Free-standing signs would be limited to monument style
signs, such as the sign at the Wilmac property, as opposed to pole signs.
5. The Performance Standards include a guiding sustainability theme, and then go
on to list the specific standards that will regulate development.These are
discussed in more detail below.
6. The Conceptual Development Plan references the Development Summary of
the Master Plan, and it is attached as Exhibit B.The conceptual development
plan allows flexibility in ground floor uses.
7. HI District--offstreet parking. It does not appear that the Jeld Wen and
Stewart Properties have any dedicated off-street parking since all, or a significant
2
- I
i
City Rezoning of Jeld-Wen and Stewart Properties from HI Heavy Industrial to
Historic Millwork District PUD (Planned Unit Development) District
portion of,the parking located on the streets surrounding the buildings is located
solely, or partially, on the public right-of-way.
The City's Unified Development Code gives a parking credit for the former use of
a building or property(grandfather status). This credit encourages adaptive
reuse of a building without requiring a variance or demolition to create additional
surface parking.
The credit given for manufacturing is one space for each employee on the
maximum shift plus one space for each service vehicle. So, let's say that Jeld-
Wen had 70 employees and 10 trucks. The buildings and property would have a
80 off-street parking space credit. Therefore, a new business or industry could
relocate in these buildings and use up to the 80 space credit before additional
off-street parking would be required. Planning Service staff notes that you can't
park in a credit. So, even though there is a parking credit with a business, the
parking status quo may not satisfy their needs.
8. PUD District—off-street parking is not required as part of the Historic Millwork
District PUD; however, if a property owner chooses to provide surface off-street
parking, the City Council must first approve the request and the PUD regulations
apply. Off-street parking spaces in a building are allowed as an accessory use,
subject to other City Codes. Parking structures (ramps) are allowed in the PUD
subject to City Council review and the PUD standards.
9. Site lighting, open space,stormwater management, and exterior trash
collection areas are regulated in the PUD similarly to elsewhere in the city.
Exterior storage is allowed in the PUD.
10.The PUD considers the "three-dimensional" regulation of land uses due to
the number of stories and large floor plates of the historic warehouse buildings.
Based on the Master Plan recommendations, the site development section of the
Performance Standards provides this guidance for development in the PUD:
A. Final site development plans shall be submitted in accordance with
provisions of Article 12 (Site Plans) and Article 13 (Site Design Standards) of
the Unified Development Code prior to construction or expansion of any
buildings, free-standing signs, or parking facilities[as they would elsewhere in
the city]. The Architectural Guidelines apply to site development in the PUD.
B. Residential uses should be focused on the north side of the District,from 9th
Street to 12th Street.
C. Retail uses should be clustered around each other and adjacent to public
spaces, such as at the intersection of loth and Washington Streets, in the
3
City Rezoning of Jeld-Wen and Stewart Properties from HI Heavy Industrial to
Historic Millwork District PUD (Planned Unit Development) District
Farley& Loetscher and Kirby Buildings along 7s'Street, and in a highly visible I
commercial corridor at the east edge of the District along Elm Street. it
1
D. Land uses should transition from industrial on the south to residential on the
north, with new commercial or mixed use buildings along the new block to be
created by realigning Elm Street.
Rezoning from HI to PUD -- Review and Approval Process
In the rezoning process from HI Heavy Industrial to the Historic Millwork District PUD for
the Jeld-Wen and Stewart properties, the City of Dubuque is the applicant. Planning
Services staff are available to meet with the property owners during the process.
A public hearing is scheduled with the Zoning Advisory Commission for Wednesday,
January 7, 2015.After holding the public hearing, the Commission will provide a
recommendation to the City Council. Notices of the Commission's public hearing are
mailed to the owners of the Jeld-Wen and Stewart properties, the property owners
within the existing PUD District, and the owners of property within 200 feet of the current
and proposed PUD boundaries.
The City Council then will schedule its own public hearing.The City Council makes the
final decision on the PUD rezoning.
If a written objection to the PUD rezoning signed by the owners of the Jeid-Wen and
Stewart properties is filed with the City Clerk, approval of the rezoning will require a
super-majority vote (6 to 1) by the City Council.
MUSERSILCARSTERIWPVrR -1k DMI.MMD PUDANd Wen boundary emendmenMMU PVD Rewft Handout Jeld-Wen&fnemd,daa
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Comparison of III Heavy Industrial District and
Historic Millwork District PUD(Planned Unit Development)Ordinance
Rezoning of Jeld-Wen&Stewart Properties
UDC Section 16-5-19HI Heavy Industrial
The HI District is intended to provide locations for industrial uses which by their nature generate
levels of smoke,dust,noise,odors,or other visual impacts that render them incompatible with
virtually all other land uses. The district is also intended to provide locations for a limited
amount of commercial development that will serve employees of surrounding industrial uses.
5-19.1 Principal Permitted Uses
The following uses are permitted in the HT district:
1. ^g-i Wt••ra s pply sales Moved to conditional uses
2. Animal hospital or clinic
auto-part sales
1. Automated gas station
5. Bakery(wholesale/commercial)
6. Bank,savings and loan,or credit union
7. Bar or tavern
8. Business services
n /'..,.......d, Ml sefyiee
rn n w lf......:,.
11. Cold sterage or leekept"at
12, Consteuetion supply sales and service Moved to conditional uses
13. Cmitraeters-shop er3Moved to conditional uses
14, ste
1-5:_Grerrsatori a r • r,....a_. s r ...elter
16.
Ddve up a4omated bank 41 lle Moved to conditional uses
.Fam imp ,
18.Freight aisfer faoility Moved to conditional uses
19. rPIRI oris.»Ae'. -
Comparison of III Heavy Industrial District and
Historic Millwork District PUD (Planned Unit Development)Ordinance
Rezoning of Jeld-Wen&Stewart Properties
20.Furniture upholstery or repair
i
21. General office
22. Grain,.r barge tear.~"'
23.Indoor recreation facility .
24.Indoor restaurant
ac r....v.,,,«a lyage..,..,�
26.Kennel
27. Laboratory for research or engineering
28, Moved to conditional uses
29.Mail order house
30. Moved to conditional uses
31. Moved to conditional user
32. Dental or medical lab
33 Mini ....b....,s..:..
m
• F,
3 4, Mobile hBme sales
3$ Moving or st.m ge c o"WMaved to conditional uses
36, Off street paildng4et
31.Paeleaging;processing,or otor+nmeat-,daiFy or feed preduets
38•Passenger transfer facility
39.Parking structure
nn Resswee reeovBry4eeyeli ig eeffteT-(e4
Al Pet a....eare or
42.Printing of publishing
43•Railroad or public or quasi-public utility,including substation
Comparison of HI Heavy Industrial District and
Historic Millwork District PUD(Planned Unit Development)Ordinance
Rezoning of Jeld-Wen&Stewart Properties
44,gra Moved to conditional uses
43:Saritary landfill
"fro-ic zce station
47 Sewage treatment plarA
AO Teel,die, eFpat ig
34
I
Comparison of III Heavy Industrial District and
Historic Millwork District PUD(Planned Unit Development)Ordinance
Rezoning of Jeld-Wen& Stewart Properties I
58.DFive wY».....
ted bank te,te.• Moved to conditional uses
5.19.4 Temporary Uses
The following uses may be permitted as temporary uses in the HI district in conformance with
the provisions of Section 3-19:
1. Any use listed as a permitted use within the district.
5-19.5 Parking
Minirmun parking requirements shall be regulated in conformance with the provisions of Article
14.
5-19.6 Signs
Signs shall be regulated in conformance with the provisions of Article 15.
5-19.7 Bulk Regulations
coveragereEL Max LotMin Lot Min Lot I
1-11 Heavy Industrial Area Frontage
feet) (feet) 0100)
_74V�—!
150
Vehicle Solos _ 20,000 _ _ 160
All Other Uses_ _"When abutting a residential oroffice-residentall dietdct,a 20-foot side ~
When abutting a residential or office-residentall district,a 20-fool side setback is required.
F:\USVRS\LCAR9T MWP\Milhvork DistriolViNM PUDVeld Wen boundary amendmenl\[-II uses vs HMD PUD oses.doc
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N 7J V
Oft,
Prepared by: Laura Carstens,City Planner Address: 50_V. 13th sL 01ty H_tL Telephone; 5139A210
Return to: Kevin Firnstabl, City Clark, Address: f_;Iry Hall-60 W. JV"Street Telephone: 589-4121
ORDINANCE NO. -15
AN ORDINANCE AMENDING TITLE 16,THE UNIFIED DEVELOPMENT CODE OF
THE CITY OF DUBUQUE CODE OF ORDINANCES BYAMENNDING ORDINANCE
02-12 WHICH ESTABLISHED REGULATIONS FOR A PUD PLANNED UNIT
DEVELOPMENT DISTRICT WITH A PLANNED COMMERCIAL DESIGNATION
FOR THE HISTORIC MILLWORK DISTRICT PUD AND NOW BEING AMENDED
TO ALLOW FOR THE INCLUSION OF 221 &250 E. e STREET AND 300 E. 9th
STREET.
NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That Title 16,the Unified Development Code of the City of Dubuque
Code of ordinances is hereby amended by amending Ordinance 02-12 and 38-13
which established regulation for a Planned Unit Development District with a Planned
Commercial District designation and now being amended to allow for the inclusion of
the following described property, to wit:
City Lot 415A (10-24-484-009), 8 26' of City Lot 415 (10-24-484-005), City
Lots 402, 403, N 252" Lot 416, 416 & 416A (10-24-484-010), Pt of City Lot
509 Pt of 2-4 of City Lot 509A (10-24-485-001), NW Pt of Lot I Midwest
Lumber Co PI (10-24-490-001), City Lots 406, 405A,406, 407, 408, 409,
410, 411, 412,413, 414 &2-417 (10-24-489-002) highlighted in Exhibit A,
and to the centerline of the adjoining public right-of-way, all in the City of
Dubuque, Iowa.
A. Use Restulations.
The following regulations shall apply to all uses made of land in the
above-described PC Planned Commercial District:
Principal permitted uses:The following uses are permitted in the
Historic Millwork District PUD:
I
° JeldWen Historic Millwork District PUD Amendment Page 2
1. Places of religious exercise or assembly,
2. Public, private or parochial school approved by State of Iowa (K-
12).
3. Public or private park, golf course, or similar natural recreation
area.
4. Railroad and public or quasi-public utility, including substation.
5. Residential use.
B. Housing for the elderly and persons with disabilities (not identified
with (5) above).
7. Noncommercial art gallery.
8. Museum or library.
9. School of private instruction.
10. Private club.
11. General office.
12. Medical office or clinic.
13. Dental or medical lab.
14. Barber or beauty shop.
15. Hotel.
16. Shoe repair.
17. Laundry or drycleaner.
18. Bakery(wholesale or commercial).
19. Retail sales or service.
20. Indoor restaurant.
21. Bar or tavern.
22. Supermarket.
23. Tailoring or alterations.
i
G
JeldWen Historic Millwork District PUD Amendment Page 3
24. Furniture or home furnishing.
25. Appliance sales or service.
26. Animal hospital or,clinic.
27. Laundromat.
28. Furniture upholstery or repair.
29. Artist studio.
30. Photographic studio.
31. Neighborhood shopping center.
32. Business services.
33. Department store..
34. Auditorium or assembly hall.
35. Indoor theater.
36. Bank, savings and loan, or credit union.
37. Indoor amusement center.
38. Vending or game machine sales and service.
39. Indoor recreation facility.
40. Mail order house.
41. Printing or publishing.
42. Parking structure.
43. Vocational school.
44. Business or secretarial school.
45. Passenger transfer facility.
46. Warehousing and storage facility.
47. Artisan production shop.
I
i
{
1
JeldWen Historic Millwork District PUD Amendment Page 4
Accessory Uses:The following accessory uses are permitted in the
Historic Millwork District PUD:
1. Any use customarily incidental and subordinate to the principal
use it serves.
2. Boiler system in use as part of an industrial business or use.
3. Outdoor seating as part of an indoor restaurant, bar or tavern. i
i
Conditional Uses: The following conditional.uses are permitted in the I
Historic Millwork District PUD, subject to the provisions of Article 8 of
the Unified Development Code that establishes requirements for
application to the Zoning Board of Adjustment for a conditional use
permit, and any other specific conditions listed below for a conditional
use.
1. Drive-in or carry-out restaurant.
2. Drive-up automated bank teller.
3. Vehicle rental.
4. Construction supplies sales and service.
5. Contractor shop or yard.
6. Wholesale sale/distributor.
I
7. Agricultural supply sales.
I
8. Lumberyard or building materials,
9. Laboratory for research, development or engineering, provided
i
that such use complies with all local, state, and federal
regulations governing hazardous substances, hazardous
conditions, hazardous wastes, and hazardous materials.
10. Freight transfer facility.
11. Moving or storage facility.
12. Millworking.
13. Manufacture, assembly, repair or storage of electrical or electronic
products, components or equipment.
JeldWen Historic Millwork District PUD Amendment Page 5
14. Manufacture or assembly of musical instruments; toys;watches or
Clocks; medical, dental, optical or similar scientific instruments;
orthopedic or medical appliances; signs or billboards.
15. Manufacturing, compounding, assembly or treatment of articles or
products from the following substances: clothing or textiles;
rubber, precious or semiprecious stones or metals; wood;
plastics; paper; leather;fiber; glass; hair; wax; metal; concrete;
feathers; fur; cork; and celluloid or cellulose products.
16. District energy system.
17. Private energy generation facility.
18. Exterior storage.
19. Licensed child care centers, provided that:
a. Such facility shall supply loading and unloading spaces so
as not to obstruct public streets or create traffic or safety
hazards;
b. All licenses have been issued or have been applied for and
are awaiting the outcome of the state's decision; and
c. Such use shall not be located within the same structure as
any gas station, bar/tavern, automated gas station or any
facility selling, servicing, repairing, or renting vehicles.
d. The conditional use applicant certifies that the premises on
which the licensed child care center will be located complies
with, and will for so long as the licensed child care center is
so located, continue to comply with all local, state and
federal regulations governing hazardous substances,
hazardous conditions, hazardous wastes, and hazardous
materials.
e. If the applicant is subject to the requirements of Section 302
of the Superfund Amendments and Reauthorization Act of
1986, as amended, the Emergency Management Director
shall certify whether or not the applicant has submitted a
current inventory of extremely hazardous substances kept or
stored on the premises. If any such extremely hazardous
substances are kept or stored on the premises,the applicant
shall also post in a conspicuous place on the premises a
notice indicating a description of the extremely hazardous
substances, and the physical and health hazards presented
by such substances.
JeWdVen Historic Millwork District PUD Amendment Page 6
f. Applicant shall submit an evacuation plan for approval by
the City, both written and drawn,that details where the i
children will go in the event of a hazardous materials j
incident.The plan shall include a"house in place"scenario
in which the children can be kept safely within a room of the
building that has no penetration to the outside (windows,
doors, etc).
g. Applicant shall submit plans for approval by the City that
indicate the installation of a main emergency shut-off switch
for the heating, ventilation, and air.conditioning (HVAC)
system to minimize the infiltration risk of airborne hazardous
materials.
B. Lot and Bulk Reaulations.
The following bulk regulations shall apply in the Historic Millwork
District PUP, subject to the provisions of the Unified Development
Code.
1. Setbacks:
a) Front yard = 0 feet
b) Side yard =0 feet
G) Rear yard = 0 feet
2. - Building Height= no maximum.
3. New Construction Transition. New construction on the blocks
between 12th Street and 11th Street should transition in scale from
the Washington Neighborhood to the District PUD.
C. Sign Regulations.
1.. The number, size and location of signs in the Historic Millwork
District PUD shall be regulated in accordance with Exhibit C and
ail other applicable regulations of Article 15 of the Unified
Development Code.
2. A comprehensive sign plan is required as part of the sign permit
submittal for all multi-tenant buildings.
3. Free-standing signs in the District PUD shall be monument-style
signs.
4. The design of signage shall comply with the Downtown Design
Guidelines for signs. Waiver requests from these guidelines shall
be reviewed by the Historic Preservation Commission in
JeldWen Historic Millwork District PUD Amendment Page 7
accordance with the provisions of Article 10 of the Unified
Development Code.
5. Variance requests from sign requirements established in Article
15 of the Unified Development Code shall be reviewed by the
Zoning Board of Adjustment in accordance with provisions of
Article 8 of the Unified Development Code.
6. Off-premise signs are prohibited in the Historic Millwork District
PUD.
p. Performance Standards.
Creation of a viable, equitable, and livable mixed-use neighborhood in
the Historic Millwork District PUD that includes residential, retail, office,
commercial, and industrial uses requires both strategy and flexibility for
its sustainability. The development and maintenance of uses in the
Historic Millwork District PUD conceptually should follow the goals,
objectives, and recommendations of the Historic Millwork District
Master Plan, incorporated herein by reference and on file in the
Planning Services Department.The development and maintenance of
uses in the Historic Millwork District PUD shall be regulated as follows:
1. Conceptual Development Plan
a. Referenced herein as Section 5. Development Summary of
the Historic Millwork District Master Plan, and shown on
Exhibit B, on file in the Planning Services Department, and
made a part of this zoning reclassification by reference as
the Conceptual Development Plan for the Historic Millwork
District PUD.
b, It is recognized that minor shifts or modifications to the
general plan layout may be necessary and compatible with
the need to acquire workable street patterns, grades and
usable building sites.
c. The Land Use/Development Patterns depicted in the
Historic Millwork District Master Plan for ground floor uses
reflect a predominance of residential uses; however,for
District sustainability, these ground floor uses shall be
characterized by a flexible designation for the Historic
Millwork District PUD Conceptual Development Plan as
shown in Exhibit B.
Jeld)Wen Historic Millwork District PUD Amendment Page 8
2. Parking Regulations
Off-street parking is not required as part of the Historic Millwork
District PUD. Off-street parking spaces may be provided in a
building as an accessory use, subject to review and approval
under Building, Fire, and other applicable City Codes. If a property
owner chooses to provide surface off-street parking within the
District PUD, the City Council must first approve the request and
the following regulations shall apply:
a. Parking lot design shall comply with the Downtown Design
Guidelines for surface parking lots.
b. All vehicle-related features shall be surfaced with standard
or permeable asphalt, concrete,or pavers.
c. Curbing and proper surface drainage of storm water shall be
provided.
d. All parking and loading spaces shall be delineated on the
surfacing material by painted stripes or other permanent
means.
e. The size and design of parking spaces shall be governed by
applicable provisions of the Unified Development Code
enforced at the time of development of the lot.
f. 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.
3. Parking Structures. Parking structures (ramps) are allowed in the
Historic Millwork District PUD subjectto City Council review and
the following standards:
a. Parking structures shall comply with the Downtown Design
Guidelines for parking facilities.
b. The size and design of parking spaces shall be governed by
applicable provisions of the Unified Development Code
enforced at the time of development.
c. 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.
JeldWen Historic Millwork District PUD Amendment Page 9
4. Site Lighting
a. Exterior illumination of site features shall be limited to the
illumination of the following:
i. Parking areas, driveways and loading facilities.
fl. Pedestrian walkway surfaces and entrances to
building.
iii. Building exterior.
b. Location and Design
I. All exterior lighting luminaries shall be designed and
installed to shield light from the luminaries at angles
above 72-degrees from vertical.
ii. Fixtures mounted on a building shall not be positioned
higher than the roof line of the building.
ill. All electrical service lines to posts and fixtures shall be
underground and concealed inside the posts.
iv. The design of exterior lighting luminaries shall comply
with the Downtown Design Guidelines for signs.
Waiver requests from these guidelines shall be
reviewed by the Historic Preservation Commission in
accordance with the provisions of Article 10 of the
Unified Development Code.
5. Open Space
It is the intent of these regulations that the development of
open spaces (if provided) shall reflect a high quality of
environmental design. The following provisions shall apply.
I. Open space plans are required as part of submittals for
site plan review. Such plans are to include type,
number and size of proposed plantings, paving and
other open space amenities. Open space areas shall
be designed in compliance with Downtown Design
Guidelines and the Historic Millwork District Master
Plan.
ii. Within one (1)year following completion of
construction, or by the date that a building is issued an
occupancy certificate by the Building Services
- i
Jeldl!Ven Historic Millwork District PUD Amendment Page 10
Department of the City of Dubuque,whichever occurs
first, required open space amenities shall be installed.
6. Stormwater Management
The developer shall be responsible for providing stormwater
management in a means that is satisfactory to the City Engineer
and consistent with the Historic Millwork District Master Plan.
Sustainable, low impact development techniques for stormwater
management approved by the City Engineer will be used where
feasible. Other applicable regulations also enforced by the City
Engineer relative to stormwater management and drainage shall
apply to the subject property.
7. Exterior Trash Collection Areas
a. The storage of trash and debris shall be limited to that
produced by the principal permitted use and accessory uses
of the lot.
b. All exterior trash collection areas and the materials
contained therein shall be visually screened from view. The
screening shall be completely opaque fence,wall or other
feature not exceeding a height of 10 feet measured from the
ground level outside the line of the screen. Screens built on
sloping grades shall be stepped so that their top line shall be
horizontal. All exterior entrances to a screened trash area
shall be provided with a gate or door of similar design to that
of the screen.
c. Exterior trash collection areas shall comply with the
Downtown Design Guidelines for service areas.
8. Exterior Storage
a. Exterior storage is allowed in the Historic Millwork PUD
District. Exterior storage areas shall comply with the
Downtown Design Guidelines for service areas.
b. The use of semitrailers and/or shipping containers for
storage is prohibited.
9. Final site development plans shall be submitted in accordance
With provisions of Article 12 and Article 13 of the Unified
Development Code prior to construction or expansion of any
buildings,free-standing signs, or parking facilities. The Downtown
Design Guidelines shall apply to site development in the District
Jeld_Wen Historic Millwork District PUD Amendment Page 11
PUD, and shall take precedence over the Design Standards for
Big Box Retail Uses (over 100,000 square feet) and the Design
Standards for Retail Commercial Uses (over 60,000 square feet)
and Regional Shopping Centers in Article 13 of the Unified
Development Code.
10. Retail uses should be clustered around each other and adjacent
to public spaces, such as at the intersection of 101h and
Washington Streets, in the Farley&Loetscher and Kirby Buildings
along 7 Street, and in a highly visible commercial corridor at the
east edge of the District along Elm Street.
11. Land uses should transition from industrial on the south to
residential on the north,with new commercial or mixed use
buildings along the new block to be created by realigning Elm
Street in accordance with the Historic Millwork District Master
Plan.
E. Other Codes and Regulations
1. Service Lines. All electric, telephone, cable, or other similar utility
lines serving the building and other site features shall be located
underground,where feasible.
2. These regulations do not relieve the owner from other applicable
city, county, state or federal codes, regulations, laws and other
controls relative to the planning, construction, operation and
management of property within the city of Dubuque.
F. Transfer of Ownership
Transfer of ownership or lease of property in the Historic Millwork
District PUD 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 PUD,
G. Recording
A copy of this PUD Ordinance shall be recorded, at the expense of the
City of Dubuque, with the Dubuque County Recorder as a permanent
record of the conditions accepted as part of this reclassification
approval. This ordinance shall be binding upon the undersigned and
his/her heirs, successors and assigns.
Section 2. The foregoing amendment has heretofore been reviewed by the
Zoning Advisory Commission of the City of Dubuque, Iowa.
Section 3. The foregoing amendment shall take effect upon publication, as
provided by law.
I
JIdWn
e e Historic Millwork District PUD Amendment Page 12
„
Passed, approved and adopted this day of 2015.
Roy D. Suol, Mayor
Attest:
Kevin S. Firnstahl, City Clerk
• .. I
Exhibit
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[U NI N GH AM
THE CITY OF Dubuque
DUB E
Masterpiece on the Mississippi
xooz•zmz•zma
MEMORANDUM
TO: Zoning Advisory Commission
FROM: Laura Carstens, Planning Services Manager
SUBJECT: JELD-WEN, Inc.'s Objection to Historic Millwork District PUD
DATE: February 4, 2015
INTRODUCTION
On February 4, 2015, a legal representative of JELD-WEN, Inc. filed a written objection
via email to the City's rezoning request of 221 & 250 E. 8th Street and 300 W. gth Street
to the Historic Millwork District PUD (Planned Unit Development) District. City staff has
responded to their six objections below, in consultation with the City Attorney's Office.
I. Rezoning this property is contrary to the Dubuque Comprehensive Plan
II. Rezoning this property is contrary to the Dubuque Unified Development Code
III. JELD-WEN has not abandoned its industrial use of the property
IV. Rezoning this property amounts to an impermissible taking without just
compensation....
V. The rezoning of this property over the objection of the landowner is arbitrary and
capricious and/or an unreasonable exercise of the City's police power
VI. Rezoning at this time is disruptive to the process of identifying a beneficial use of
this property
DISCUSSION
City staff respectfully responds to all six objections filed by JELD-WEN, Inc. as follows.
Rezoning this property is contrary to the Dubuque Comprehensive Plan
Rezoning is consistent with the Dubuque Comprehensive Plan. The Historic Millwork
District Master Plan is intended to foster opportunities for retention of existing
businesses as well as recruitment and expansion of new businesses into the substantial
floor space that the existing large warehouses offer. This vision for District revitalization
is supported by and implements the Land Use and Urban Design Goals and Economic
Development Goals of the Dubuque Comprehensive Plan that support redevelopment,
revitalization, and mixed-use development.
Rezoning this property is contrary to the Dubuque Unified Development Code
Rezoning is consistent with the Dubuque Unified Development Code. City staff
recommends that the Commission review the criteria for reclassification located in
Article 9-5 of the UDC that states (emphasis added):
"It shall be the policy of the City to reclassify property only where a clear showing has
been made that the original classification was a mistake or that circumstances and
conditions affecting the property in question have so materially changed so as to
demand reclassification in the public interest"
City staff notes that with the cessation of millwork manufacturing, redevelopment of the
adjacent property for residential and commercial uses, streetscape and infrastructure
improvements, and the evolution of manufacturing from large older inefficient multi-story
buildings to single story energy efficient buildings, conditions have indeed materially
changed in the Historic Millwork District—which supports the City's rezoning request.
JELD-WEN has not abandoned its industrial use of the property
City staff has not described the properties as "abandoned". The use of the property is
different than the zoning classification; e.g., a storefront property that is unoccupied is
considered "vacant" regardless of its commercial zoning.
Since the JELD-WEN properties are not currently in active use, industrial activity has
ceased, and employees are no longer performing millwork, an accurate description is
that the properties are "vacant/industrial" and "former millworking facility'.
Rezoning this property amounts to an impermissible taking without iust compensation
The Historic Millwork District PUD Ordinance sets forth uses, standards, and a
conceptual development plan for the District based on the previous C-4 Downtown
Commercial District and HI Heavy Industrial District zoning. Some HI uses are deleted
from the PUD and some HI product sales and manufacturing uses are moved from
permitted to conditional uses.
The "former millworking facility" can resume under the PUD. In addition, residential and
commercial uses not currently allowed under the HI zoning are permitted with the PUD.
2
The well-established test for a regulatory taking is if the property no longer has any
economically viable use. Even a substantial reduction in the value of property does not
constitute a taking so long as the property still has economically viable use. Given the
expanded uses that will be permitted under the rezoning, the property will clearly
continue to have economically viable uses.
The rezoning of this property over the obiection of the landowner is arbitrary and
capricious and/or an unreasonable exercise of the City's police power
Under Iowa Code Chapter 414 City Zoning, cities have the power to zone land for the
"...purpose of promoting the health, safety, morals, or the general welfare of the
community..." including "...the location and use of buildings, structures, and land for
trade, industry, residence, or other purposes." (Section 414.1) Zoning regulations must
be made in accordance with a comprehensive plan, which is the case in Dubuque.
Cities may also establish procedures to amend, supplement or change zoning districts
or regulations after giving notice and holding a public hearing. The PUD rezoning is
occurring in accordance with the Iowa Code and the Dubuque rezoning process.
With respect to the objection that the rezoning is "arbitrary and capricious and/or an
unreasonable exercise of the City's police power," in Molo Oil Co. v. The City of
Dubuque, 692 N.W.2d 686, 691 (Iowa 2005), the Iowa supreme court summarized the
standard that applies to such objections:
" '[A zoning] ordinance is valid if it has any real, substantial relation to the
public health, comfort, safety, and welfare, including the maintenance of
property values.' " Shriver v. City of Okoboji, 567 N.W.2d 397, 401 (Iowa
1997). Zoning ordinances carry with them a strong presumption of validity.
Perkins v. Bd. Of Supervisors, 636 N.W.2d 58, 67 (Iowa 2001). The party
asserting the invalidity of the zoning regulation has the burden of proving
the zoning regulation is unreasonable, arbitrary, capricious, or
discriminatory. Id. If the reasonableness of a zoning ordinance is fairly
debatable, we will not substitute our judgment for that of the legislative
body. Id.; see also Euclid v. Ambler Realty Co., 272 U.S. 365, 388, 47
S.Ct. 114, 118, 71 L.Ed. 303, 311 (1926); Shriver, 567 N.W.2d at 401. The
reasonableness of a zoning ordinance is fairly debatable when for any
reason it is open to dispute or controversy on grounds that make sense or
point to a logical deduction, and where reasonable minds may differ; or
where the evidence provides a basis for a fair difference of opinion as to
its application to a particular property. Neuzil, 451 N.W.2d at 163-64.
Give the current zoning and uses of surrounding properties, and the significant
development that has occurred and is occurring in neighboring properties, it is hardly
even debatable at all whether this rezoning is valid, much less fairly debatable. A court
would not substitute its judgment for that of the Commission or the City Council
rezoning this property as proposed.
3
Rezoning at this time is disruptive to the process of identifying a beneficial use of this
rp operty
Section D. Performance Standards of the PUD Ordinance states: "Creation of a viable,
equitable, and livable mixed-use neighborhood in the Historic Millwork District PUD that
includes residential, retail, office, commercial, and industrial uses requires both strategy
and flexibility for its sustainability."As it does throughout the District, the conceptual
development plan (Exhibit B of the PUD Ordinance) allows flexibility in ground floor
uses for the JELD-WEN properties.
Recommendation
Planning Services staff recommends the Commission consider the criteria for rezoning
in UDC Article 9-5: "It shall be the policy of the City to reclassify property only where a
clear showing has been made that the original classification was a mistake or that
circumstances and conditions affecting the property in question have so materially
changed so as to demand reclassification in the public interest."
City staff notes that with the cessation of millwork manufacturing, redevelopment of the
adjacent property for residential and commercial uses, streetscape and infrastructure
improvements, and the evolution of manufacturing from large older inefficient multi-story
buildings to single story energy efficient buildings, conditions have indeed materially
changed in the Historic Millwork District— which supports the City's rezoning request.
The requested action is for the Commission to act on the City's rezoning request at your
February 4, 2015 meeting by recommending approval.
cc: Michael Van Milligen, City Manager
Barry Lindahl, City Attorney
Maurice Jones, Economic Development Director
Kyle Kritz, Associate Planner
Guy Hemenway, Assistant Planner
4
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION I
I
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation,publisher
of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper
on the following dates: February 06, 2015, and for which the charge is $21.17.
i
"— CITY OF DUBUQUE,
IOWA
OFFICIAL NOTICE
NOTICE is hereby
giveg that the Dubuque d
City Council will
conduct public hear-
ings at a meeting to
commence at.6:30 p;m.
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, on Monday, February
16,2014,,in the Historic
this day 20 Westr6thFedeSal treet on the .I
following:
Rez®Wings j
City. of 'Dubuque J
requesting to rezone
property located at 221,
&250 East.8th Street
and 300 East 9th Street
from'HI Heavy Indus- it
4ortaryPublicin and for Dubu ue Count Iowa. trial op Planned Unit
�l y� Development With a PC
Planned Commercial
description; 1
Sisters of Charity
8VM /. The Lakota
Group requesting to
rezone property 'l
located at 1100 Mount
Carmel Drive from
Single,Family Res!den- I �I
tial, to PUD, Planned
Unit Development;
REN7AVYK�, Copies'of supporting Idocuments for thepublic hearings are on
file in the City clerk's
Office, 50 W 13th
I
Street' and may be,
viewed during normal
working hours.;
Written comments
regarding the above
Public hearings may be
submitted'to the City
Clerk's Office,563-589- 1
4100,on or before said'
time of public hearing
at 50 W.13th Street,or I
Ctyclerk@cityofdubuqu'I
e.org.;At said time and
place of public .I
hearings all interested
citizens and parties j
will be given an
Opportunity to be
,heard for or against
said rezoning.
Any visual or hearing
impaired persons need-
ing special assistance
or persons with special
accessibility needs
should contact the City
Clerk's Office at (563) ,
589-4100 or TDD,(563)
690-6678 at least 48
hours` prior to the
meeting, 1999
Kevin S.Firnstahl,
1f 2/6 CMC,City Clerk '. C
Planning Services Department
City Hall
50 West 13th Street
Dubuque, IA 52001-4864
(563) 589-4210 phone
(563) 589-4221 fax
(563) 690-6678 TDD
planning@cityofdubuque.org
Jeld-Wen, Inc.
P 0 Box 1329
Klamath Falls OR 97601
Dubuque
THE CITY OF
All-AmericaCity
11111,
2007 .2012 .2013
RE: City Council Public Hearing — Rezoning Request
DUB
Masterpiece on the Mississippi
February 11, 2015
Dear Property Owner:
The City Council will consider the City of Dubuque's request to rezone property located
221 & 250 E. 8" Street and 300 E. 9th Street at a public hearing on Monday, February
16, 2015. Please attend this meeting, or send a representative to the meeting in your
place to present your position. City Council meetings begin at 6:30 p.m. in the City
Council Chamber, 2nd Floor, Historic Federal Building (Post Office), 350 W. 6th Street,
Dubuque, Iowa.
Please contact the Planning Services Department at (563) 589-4210 if you need more
information or have any questions.
Kyle L. Kritz
Associate Planner
Enclosures
cc: Kevin Firnstahl, City Clerk
Jeffrey Woolworth, Jeld-Wen Real Estate (via email)
Service
People
Integrity
Responsibility
Innovation Teamwork
Planning Services Department
City Hall
50 West 13th Street
Dubuque, IA 52001-4864
(563) 589-4210 phone
(563) 589-4221 fax
(563) 690-6678 TDD
planning@cityofdubuque.org
Dubuque
bikei THE flrY OF
NI -America CRY
2007.2012 .2013
Wayne Stewart
P0 Box 49
East Dubuque IL 61025
RE: City Council Public Hearing — Rezoning Request
DUB
Masterpiece on the Mississippi
February 11, 2015
Dear Mr. Stewart:
The City Council will consider the City of Dubuque's request to rezone property located
221 & 250 E. 8th Street and 300 E. 9th Street at a public hearing on Monday, February
16, 2015. Please attend this meeting, or send a representative to the meeting in your
place to present your position. City Council meetings begin at 6:30 p.m. in the City
Council Chamber, 2nd Floor, Historic Federal Building (Post Office), 350 W. 6th Street,
Dubuque, Iowa.
Please contact the Planning Services Department at (563) 589-4210 if you need more
information or have any questions.
Sincerely,
Kyle L. Kritz
Associate PIariner
Enclosures
cc: Kevin Firnstahl, City Clerk
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