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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 i Jel`d=Wen Proper (l red) Stewart Proortry (in green). • 5 L .: 1 s 1 - r !- Zoning District Boundary 83,000 sq.ft. d• ( E: ^Ir 20,5006 It. r ' VIC 1 � 56,2.00 sq-ft. i Jeld-Wen`(Prope rtiesTotal,l 3\ +l21f7„OOysgatl"(2.S Acre"s) \ , Jeld Wen Properly is r S f tZonodlHI Heavy in us r, 1 r 1 0 h0 10D 200 Feet 6�@� �! r 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 �p D� a o 4 PQ ,V-7 4 a � N I' 0 � 0 Legend 5 Historic Millwork District PUD ®PUD N 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 not the addressee,you are hereby notified that any disclosure,distribution,copying,or the taking of any action in reliance on the contents of the transmitted information is prohibited. If you have received this transmission in error,please immediately notify the sender by telephone and destroy the transmission or return the documents to us. A failure to do so may result in legal action to retrieve this proprietary information. (515)267-8600. 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 4 ei , W .Y yl r I 1 ■ � fv A� '.i ' WIM �r.ti��' . k r Ji �, ( ,,, � �� Ido, ,• . V: �'•iI It kw �� �)y1tN`.V \\ , \ I i Vr -•51 ' iq >�i� +�t�r�}�(Fk .. Elmo t\t `I, Y -( ; li 'Y ✓rI'.:;;.: �lfl ,ltd ,� ,XjNicv ;.. fir- �i 1 >- t a 1 rip l ! U 1LE �• i'3f'i�},C1'S > 111 �i ��*! K" \�tnr 11, '. �#i, Il.r�� 11+I Y Y / Ir: 1{" yF A '��f�7y r55 Y D, \4, '• [� VI( Js1� tl rl a ,r .701 baa , l r ; }�1�' f f , ^�! Z kJ)Y (n�\ �< , l ,I°� ''•�C`i�(ad� �r 1 .f`�;' ir� �i,tq1 iYs T P s , A } �; �>\ x �f/r ippp`j II vli Y n t Jq+ rt � - �` vl M1tu , .nx 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 lo 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 Historic Millwork District PUD ®undo i \ O O A r7 O ~ o � � o v I 0 � Legend i p Historic Millwork District PUD Y Dubuque I mcnYOF rasfmteo;on the Artssrssippi 0 7 Histnrir.Mlllwork Dlstriot PUD Boundary III U9 Exhibit B 5,Development Summary ' L_ 1� Land Use/Development Patterns Rehabilitation and New Construction Ground Floor Uses r 1 i Yp ter - K t� ! H X 53 A 4 3 , s P r?PYf' �• 1 f t� ra s �4���1 p T2kM'l i'7y�t1� qctF%Pga " fa�� fII }1 1 a s � � - t •. 4 k 0 WolugWIdinganebabllltatlon ®Aetall approxlmatetypl,oaosFretall/ ONew Construction QAesldentlal reslauant OParking �nppmxlmately 10,000slretalU Yeatauran! Flexible [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 Service People Integrity Responsibility Innovation Teamwork