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Request to Amend Plaza 20 Planned Unit Development Copyright 2014 City of Dubuque Public Hearings # 1. ITEM TITLE: Request to Amend Plaza 20 Planned Unit Development District SUMMARY: Proof of publication on notice of public hearing to consider approval of a request from Sara Hutchinson to amend the Plaza 20 Planned Unit Development (PUD) District at 2600 Dodge Street to allow construction of new retail space and rezone property from R-1 Single-Family Residential to Planned Unit Development and the Zoning Advisory Commission recommending approval with the condition that the landscaping added along the east side of the PUD be a shade tree variety. ORDINANCE Amending Title 16, the Unified Development Code of the City of Dubuque Code Of Ordinances by rescinding Ordinances 15-62, 67-78, 52-91 , and 6-99 which established regulations for the Plaza 20 PUD Planned Unit Development District with a Planned Commercial Designation and now being amended to allow for The development of new retail space at the east side of the shopping plaza, and the rezoning of an adjacent parcel from R-1 Single-Family Residential to PUD Planned Unit Development SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion A ATTACHMENTS: Description Type ZAC Letter Staff Memo Applicant Materials Supporting Documentation Staff Materials Supporting Documentation Ordinance Ordinance Proof of Publication Supporting Documentation Suggested Motion Supporting Documentation Planning Services Department Dubuque City Hall bA" THE CITY OF 50 West 13th Street �� Dubuque,IA 52001-4864 1 I I I I. QTE (563)589-4210 phone (563)589-4221 fax ,m,•,ou•ma Masterpiece on the Mississippi (563)690-6678 TDD rolanning,§dtyofdubugue.or¢ April 28, 2016 The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 13th Street DubuquelA 52001 Applicant: Sara Hutchinson Location: 2600 Dodge Street Description: To amend the Plaza 20 Planned Unit Development (PUD) District to allow construction of new retail space and rezone property from R-1 Single- Family Residential to Planned Unit Development Dear Mayor and City Council Members: The City of Dubuque Zoning Advisory Commission has reviewed the above-cited request. The application, staff report and related materials are attached for your review. Discussion The applicant spoke in favor of the request, reviewing the parameters of the proposed development at Plaza 20. The applicant noted that the filling on the east side of the plaza is necessary to construct an access road around the new building that facilitates deliveries and fire access. Staff reviewed the staff report, reviewing the history of zoning applied to the Plaza 20 building, square footage, off-street parking space and existing access. Staff reviewed that City Code does not prevent a property owner from excavating, filling or cutting trees on their property, provided the appropriate permits are obtained. Staff noted Plaza 20, Inc. obtained the proper state and local permits prior to initiating the filling operation. The applicants understood that they were not assured of zoning approval for the addition by receiving the required state and local permits. There were several public comments in opposition to the request with concerns regarding litter, noise, trespassing and loss of existing trees. The Zoning Advisory Commission discussed the request, reviewing the proposed building expansion, necessity of construction of the fire lane around the back of the building, and reviewed aerial photos of the existing site conditions. The Commission was positive regarding the proposed expansion, with the condition that shade trees be installed along the east side of the plaza adjacent to the new retail building. Service People Integrity Responsibility Innovation Teamwork The Honorable Mayor and City Council Members Page 2 Recommendation By a vote of 5 to 0, the Zoning Advisory Commission recommends that the City Council approve the request, with the condition that the landscaping added along the east side of the PUD be a shade tree variety. A simple majority vote is needed for the City Council to approve the request. A super majority vote is needed for the City Council to amend or remove the condition. Respectfully submitted, �y1�L Patrick Norton, Chairperson Zoning Advisory Commission cc: Maurice Jones, Economic Development Director Service People Integrity Responsibility Innovation Teamwork THE CITY Or• Dubuque �TLJ T� City of Dubuque 1P Planning Services Department Mnsferpiece on tire Miasissippi Dubuque,IA 52001-4805 sow Phone: 563-589-4210 Fax: 563-589-4221 planningtiildWl`dubuaue ora 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: Choose one ❑ ''tnited Setback Waiver ❑Minor Site Plan ❑Historic Revolving Loan ❑Demolition in Conservation Districts [Rkezoning/PUD/ID ❑Major Site Plan ❑Historic Housing Grant ❑Port of Dubuque Design Review Please type or print legibly inn�ink Propertyowner(s): F1,24 -k. 2 04 -Zff- C �• t2 TPhone: �� 75 Address: X600 �a�(7��t City: ��F/� �'G State �z�3 Zip: 1p Fax#: 0&0 /�C�ell�n#:6(` Z7 '.�/SyD/'/�Sn(o�Z�E1-^maul: l��' �-2IZQp YI�u ,4017q Applicant/Agent: ✓A`�_Y-6- L/f�-�(%ZT// v�✓ll'y Phone:�k� '590 Address: Z 0 0 �d G`>O S City: State: Zip: Fax#: Cell fib 58U'gS(Z 4E-mail: Site location/address: rn LA��Z O SAJ7/171) C �eigh or cod Association: Choose One ��jl/� Existing zoning:,Ch*16ne Proposed zoning:,C �e District: Choose One /4Laannddm�aark�: E]Yes [y'No Legal Description(Sidwell parcel ID#or let number/block number/subdivision): Total property(lot)area(square feet or acres): I ' Descr^iib�ee proposal aaqn�dd reason necessary�(attach as letter of/explaanaation, if needed): eAt 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 refu nd payment does not guarantee approval;and 4. All additional requ d wr en and gra hi at Pis reattached. Property Owner(s): Date: r ApplicanVAgent: Date:/ ro — FOR OFFICE USE ONLY-APPLICATION SUBMITTAL CHECKLIST Fe��Received by: Date:A"IT-14 Docket: C4,tK-� ISo'77 THE CITTYTC j F Dubuque D�J L L 1LI�LNnercaCi1 1111. Masterpiece on the Mississippi were.,l,a_,a„ VE d, Vicinity Map DODGE ST j DODGEST W ° DODGE ST Applicant: Sara Hutchinson DODGE ST DODGE ST sr Location: 2600 Dodge Street v Description: To amend the Plaza 20 Planned Unit Development(PUD) District ( — to allow construction of new retail - space and rezone property from R-1 Single-Family Residential to Planned Unit Development. i OD CIR BRUNS LL 91) Legend ® Applicant Property Flood Plain DISCLAIMER:This information was compiled using the J Dubuque Aree Geographic Information System lDAGIS1,which Q Includes data created by both the City of Dubuqueand Dubuque County. It is understood that,while the Cly of bDubuqueand participating age ff d-tM1 meett - o ane accurateInformation availableDAG16 dits suppliers d o oLneM1 Y currency of the Informationdata ohim edM1 TheCity andparticipating genshall ehellt able forany drect indirect incidental consequential ufree o damages whether for bleor unforeseeable sig t of the tlunauthorized ,ofthis data orthe inability to use this este or out or any breach lerwaramv whatsoever , THE CFIV OF putpaiauDubuque .....n,r U \ lRQ \ 5 E 'lll�' Plaza 20 Rezoning-Exhibit A DAGIS Masterpiece on the Mississippi oa.aoar..,.aro<a-1.,a.r,.,e 110 J F PLAZA 20 ACCESS DODGE 00 2 MgRiON I I I r I IL t l J 0 Legend DISCLAIMER:This Information was compiled using the I Dubuque Area Geographic Information System(DAGIS),which V ® I includes data created by both the City of Dubuque and Plaza 20 PUD (Existing) Duthem:ou, Couand Pa uiagndarstood encies that,whiletheCity of cu Dubuque and Participating 11 isndagenciesat,whilthemost current and accurete'mformetion....cable,DAGIS end its suppliers do not warr.nl the accuracy or currency of the Information or data Potential PUD Area, 1.75 Acres W E contained therein. The City and participating agencies shall not be held liable for any direct Indirect.incidental consequential. --- pun Live,or special damages,whether foreseeable or L Plaza 20 Inc Residential, 37.33 Acres unfores.eable ansing out of the authorized or unauthorized S use of thi Floodplain s data or the Inablliry to use 1M1is tleta or out of any breach of warranty whatsoever. - G Plaza 20, Inc. - Propert }} y t ]l �/ t�- �•{ �� � � v � Yf CCt� f r dINC, ri7 r . r I 1{ It 1 inch 300 6 •J �. :n t,. yr w feet .I 1 A , PROJECT MORMATIONPRATINE.I40 ED SONLEIEFTIP. NORTHLEGAL BERCE111C. " GRAWNI—HAVE BEEN REDUCING Pi OF PLAE EO NO 3 w� 1A NIT, ��� PaOPeary �— -i^agT_ _ �DGDGE ST T�'�"'—_ ","..'C" Es00 00 E AT _J F WATER I r [,w NANINE' SUNK pWA 520W - 1 T v[vx6 PFOPIRT'GAINERYT -,- 1 I/ % � -_ ^N prveweenw 2600 DODGE STREET 1 Al ZA 2B _ \%' / "-A _� L F4RISESOLMWaS OUBU WE.10 5200) 1q (56])582 ]126r�lr \PROPOSEDCAGE \ VI IJAIIS LOMMERCAL RETAIL }_� l f llTWFa _ BUILDING XE GXi I CO PF z.a ACRES I _ IT, Ia 'tI I1 =_yS i TOTAL AREA A . r } � • � ALL FNMf9 uswrm391 ACRES, T( JOUCLA55FCAII 0 PLANNED COMMERLUL(PL) �a RANKING SPACE.PROVIDES ATT 160 1011/ } (fid - I:. ,B / l� PARKING SPACES a POVETAOFveVUNI DE ✓ - B I fp \1 ' h I ltrr plD 17�u 0, IIP.TY PROVIDERS. ✓ .- '� ` `\\ ! Z F WATER: clTr M DueuoUE wA@R OrvI51aN O Z BRANT 90HUEL / W (563)581 SEkER, cm OF OUBUOUE \ 0 CL w 8 Ws PSIHoros f/ l ul S_-� Z 0 n (563)5E9-a2Eo } :"�. } '�i� ' e M ELECTRICAL POWER. ALLIANT ENERGY O> ryN<sw Q TERRY J.DEMPEWOLE ll' ..ILII liL } I W ]O W (563)581-4532 1fn } _ -E snu0 COAMERCAL, le } I BVI DING - 1 V O IS A NATURAL GAS: BLACK HILLS ENERGY 11 } :I� } - 0 B!N(1A2E0 I t.. Z J CASSIE NIATT 1. ! ( ep6-- —'3 I / Q A,,o a (563)665-4026 } 8[� pJ T m!{ GBLE EELEVSION: MEDInGON �Cyl } PATRICK MCCRPWAT f > d feu)591-s,D1 l �f .♦"r ,�,�.. �_ r _ __ A W V TELEPHONE: CENTURY LINK �M 1 \ �a9'YIli�. / �( \@ Z BRINT GIESEo 10' (263)355-2592 }rl -�f h FIBER wnc: DAN o�Rc�oiE (561)922-1,2p ✓ �I I n Itt NO IP 1�I� � � ��,N,LLv `♦ � (�If'�// g�,iPy� �(1 �/ 3 �_b. THE LOCATIONS OF THE EXISTING Unu71ES sHOVM 1 , �♦ ..V' ^ I'l ' .� Rv A ARE AFARIN O%MATE ONLY THE UTILIPE6 PRESENT -_ )��`2 } 1�> f }. J^^ ,w ,.CJS MAY NOT EXIEi AS SHOYM.ADDITIONAL FACILITIES OTHER THAN THOSE SHOWN MAY BE PRESENT.li SHALL LL BE 1HE RESPWSELLITY DF ANYONE USING DOCUMENT Tp ASCERTAIN THE EXACT LOCATION,sIII TWE.MATERIAL NO FLFVAnON OF ALL UTILITIES MAT MAY BE PRESENT. ♦ 03 d 3 IOWA'S ONE CALLEM A* 1 (800) 292 -8989 cill « � o .. PR�r PPSE Ii L N_NCEI i ".■. 1 AIL CONEOPUCTON SHALL BE CCORO 0 w CURRENT CITY Of DUBNOUE REOU C ENiS AND ALL r \ \ lu IIII A I W[ED APPLICABLE RESTRICTIONS AND COVE R. \ 1 f�L f `i NI I�A0-\i ��/�!/_��� ,/�/ \�,+�/\//\/yI/(�E\ I•I[k',��\A�'y��\/\{���.GI)))\y\�/,_�\�\\\I ME cdu wox[[Aw 2 i HEIGHT of B EEE-)FROM NEW FROM THv[vwALLL EXTERIOR TRASH WLLECTION AREAS D THEURRC nrxGoneiERALS CONTAINED THEREIN SHALL BE SC AwAGw BLEND RET OE Ar PER CITY OE 1\xx bPowe ¢o o DUBUQUENCE. } FVRIGR 5 OR CE 5 ONLY AVIRI N FIE SOE - dEpEm AREAR YARDS AND MV51 BE SCREENED FROM D THE UBL1L RIGHT-OF-WAY AND SURROUNDING \ �1BETH RATEL PROPERTY p, EXISTING BUILDING \ SEE AREQUIRES A$CRENEW I' r - 'ELDERS Ess nN CITY D PERM1 FROM arc. � I h �.y \ c� I \\ \ s I I J TH __. M � 6 J � I E IFBOPLLD, [A ( DR arc AT-TINHERANTOYNTRE z M�xff IR I CIL _ —� i aw PROP DIED EARN DUE CONxfc-TO ^� - — n �-,_{ e S,wG SANITgtr AI L w 117 Qy nsEO'19'S ALX �� CA w g R •� B PROPOSED BUILDING m�J 8'm R \T J L ° A PROPLAET SANITARY D,RUR szmO s _ d � a a J 1l A. D -- 1i IREIIT4 OIC L 4 p \. 6 FBI °' _ i 112 p LlTFHLL I���i, D x LANDSCAPING NFORMAGON HDROa e N t e e t e A PPAL GONE M i¢E 'j t, ALL LANDSCAPING SHALL BE ACCORDING TO CURRENT Cttt OF 9 ".■. C SO PC DUBUQUE REQUIREMENT$AND ALL APPLICABLE RESTRICTIONS AND I� W COVENANTS. ppppp DR4Mm.ED = R. LANDSCAPING SHALL BE INSTALLED BY THE DATE THE BUILDING fTII I / / ~ `��( DEPARTMENT ISSUES AN OCCUPANCY CERTFICAIE. �`XX11 LL / / AN" RucTDIDANxs�[RXw:eX 3, PARKING LOT SCREENING SHALL BE EOUNALENT TO ME / / P rvo N.y- gOLLOWING , HINDI Eiie oD FENCES WITH AT LEAST 50 PERCENT OPAQUE CONSTRUCTION ( y I / Enr weua x n� B. HEDGES SHRUBS OR EVERGREEN TREES OF AT LEAST 30 /�// EYPFMISCWIdI$ PERCENT OPACITY AT THE TIME Of INSiALLATON AND$C d I / e I / / /E ..I JI IN RGE TION CITY MAINTAINED'MTHN 3 YEARS OF L BERMS OR GRADED SLOPES OF NOT LESS THAN 3 FEET OF I \ \\\\ \ NSA7 SD HEIGHT SUCH BERMS OR GRADED GULPED SHALL CON AIN AT LEAST PERCENT LIMING MATERAL D G LANDSCAPING PLAN SHOWING THE LOCATION SIZE (CALIPER OAMETER DR HEIGHT)AND E WILL BE FRONDED By 1 THE LANDSCAPE CONTRACTOR» MONTHUS SHALL BE 1N ACCORDANCE (� MTH THE LAITY OF DUBUQUE STREETTREEPOLICY. TREES Y� y� l bye y PLANTED THE PUBLIC RGHi OF DO NOT COUNT TOWARD LAT07AL OF 9 TREES. I �/ I I� S A TOTAL OF p9 TREES iM' 2'CALIPER DIAMETER DECIDUOUS I' / �L // ' AND/OR fi FOOT HEGHT EKRGREENS.ARE REQUIRED POR TIE — t ' +— Lf / / MW.—IMANYAH—BEENYA,NWNW,AM—1—NA + / 9TE PER THE PLO QamxauoE. y D LANDSCAPING te.No ._ / / /� / / �� w __ menet OSEQ HRUB Sf ^_ - I / mw PROPmwT yAr� PH WGSED TREE ry ,— • }� Z �� --- --� �t 1 •_, -�,. w 10} PROPOSED SHRUB(TVP.) i/ N' US 0 wa., I Z Z Q PROPOSED TREE(TYP.) ZQ QQ gry�gry °. > N, > mos �r� t W W UZ %OB AIN` A w-7 --- ------------------------------ AIN ILE FT 1 I g s LANDSCAPNG aro aEMFxis t / / - D L e 0 TDTpL REQUIRED PERMEABLE AREA 04065 SF It- MINIMUM e = Sbx Hc. 1REE PIANTNC REQUIREMENTS: 1 AS1.600SF D DI T C3E1� T MINIMUM SHRUBS REQUIREMENTS: 1 PER I�D00$F t / / _ ]I SHRUBS Pa MXe INS, AFCHITECTUML FAME MnTENIN ACCESSIBLE ACCESS STEPPED FACADE NORTH FACADE k WERTFkCACE ACCESSIBLE STOREFRONT ENTRANCE CONWIE9Ai FNTMNLEL 919flEFRONT WINWW9 I PUBLIC ELEVATION-NORTH AND WEST FACADES BDUTHII L FAETFACADE R SEC BSEDFACP➢E MATEPIAL TRUCN DOCK ME GCh OF HOUSE ACCESS TWICAL I GITER AND DDWNEPDDTD BALK OF HOUSE ELEVATION-SOUTH ANO EAST FACADES / STEPPED SUHOWG FAME SLOPED PARKING AREA Frm WEST ELEVATION W.- PRELIMINARY ELEVATIONS- NTS IIW,P.C. wwwJiv eng,corn•800.556.4491 Plaza 20 Mall Building Dubuque,IA♦ Davenport,IA♦ SL CIDMd,MN 0 Hazel Green,WI Plau 20 Inc. PLANNED DISTRICT STAFF REPORT Zoning Agenda: April 6, 2016 Project Name: Plaza 20 Shopping Center Property Address: 2600 Dodge Street Property Owner: Plaza 20, Inc. Applicant: Sara Hutchinson Proposed Land Use: Commercial Proposed Zoning: PUD Existing Land Use: Commercial/vacant Existing Zoning: PUD/R-1 Adjacent Land Use: North — Institutional/commercial Adjacent Zoning: North — C-3 West—Vacant/commercial West— C-3/R-1 South — Vacant South — R-1 East — Residential East — R-1 Flood Plain: N/A Total Area: 1.6 acres Water: Yes Existing Street Access: Yes Storm Sewer: Yes Sanitary Sewer: Yes Previous Planned District: This property was initially zoned Local Business in 1962. The property was rezoned to a Planned Unit Development designation in 1978. Purpose: The requested amendment to the Planned Unit Development for Plaza 20 is to rezone property owned by Plaza 20, Inc. from R-1 to Planned Unit Development (PUD) and to amend the existing PUD to allow for development of new commercial retail space. Property History: The subject property has been developed for commercial purposes since 1962, and was rezoned to a Planned Unit Development designation in 1978. Previously, the property was zoned for local business. Physical Characteristics: The subject property is located on the south side of U.S. Highway 20 near the intersection of Devon Drive and U.S. Highway 20. The property has been developed for a commercial shopping plaza since the early 1960s and has three principal structures housing over 200,000 square feet of retail space. Conformance with Comprehensive Plan: The City of Dubuque 2030 Future Land Use Map designates the property as open space. Planned District Staff Report — Plaza 20 Shopping Center Page 2 Staff Analysis: Streets: The proposed development does not include any changes to the existing public street system. Access to the Plaza 20 is by way of a signalized intersection at U.S. Highway 20 and Devon Drive and right-in/right-out at the east end of the site. Sidewalks: The proposed amendment to the PUD will not impact the existing sidewalk system. Parking: Plaza 20 Shopping Center currently provides 980 off-street parking spaces and is in compliance with the Unified Development Code. The addition of 52,000 square feet of retail space will bring the total retail square footage for Plaza 20 to approximately 230,000 square feet. The required off-street parking is based on one space per 250 square feet of retail area accessible to the general public. With the proposed addition, the required off-street parking for Plaza 20 will be 908 spaces. Lighting: New outdoor lighting associated with the commercial development will be designed to meet the City's requirement to utilize 72-degree cut-off light fixtures for both freestanding and wall-mounted applications. Signage: Signage will be provided based on the existing requirements of the Plaza 20 PUD Ordinance (attached). Bulk Regulations: The proposed amendment of this PUD facilitates the construction of a new retail building on the east end of the Plaza. The subject building will be built approximately 140 feet from the adjacent property line to the east. The proposed new retail building must be built in compliance with the submitted Conceptual Plan. Permeable Area (%) & Location (Open Space): Approximately 25% of the area currently zoned Planned Commercial is permeable area. The proposed building expansion will decrease the permeable area to 24% of the area currently zoned Planned Residential. The permeable area (open space) is primarily located behind the Plaza 20 buildings. Landscaping/Screening: The submitted conceptual plan indicates additional landscaping along the east side of the proposed building. The concept plan also indicates removal of existing trees in a parking lot planter adjacent to the proposed new building. Phasing of development: None proposed. Planned District Staff Report — Plaza 20 Shopping Center Page 3 Impact of Request on: Utilities: Existing City water and sewer mains are available to serve the subject site. The Engineering and Water Departments have reviewed the conceptual plan and do not anticipate any major issues regarding serving the proposed commercial building. Traffic Patterns/Counts: Based on 2013 IDOT counts, U.S. Highway 20 has 37,000 average daily trips in front of Plaza 20. Public Services: Existing public services are adequate to serve the site. Environment: Staff does not anticipate any adverse impacts to the environment provided that adequate erosion control is practiced during all phases of development, and that the storm water management is provided in compliance with City of Dubuque stormwater management regulations and policies. Adjacent Properties: The most likely impact to adjacent properties will be an increase in vehicles accessing U.S. Highway 20 and a change in the visual nature of the east side of commercial plaza, particularly for property owners along Cherokee Drive because of the removal of trees as part of the filling operation. CIP Investments: None proposed. Staff Analysis: Project Overview: The proposed amendment to the Plaza 20 Planned Unit Development allows for the construction of additional retail square footage and the rezoning of a portion of an adjacent parcel owned by Plaza 20 Inc. from R-1 Single- Family Residential to PUD Planned Unit Developed Development. The applicant has provided a conceptual plan that shows the existing conditions of the site, the proposed expansion area, a rendering of the proposed multi-tenant commercial building and a layout that shows the area that will be filled and the location of additional landscaping installed as part of this project. Property History: The subject property was initially developed in the 1960s as the city of Dubuque's first auto-oriented commercial plaza with K-Mart as its anchor. In the ensuing years, the plaza expanded with additional buildings to the point where it is now comprised of approximately 230,000 square feet of retail space. The property was initially zoned Local Business B under the City's Zoning Ordinance in effect in the early 1960s. Subsequently, Plaza 20 was rezoned in 1978 to Planned Unit Development utilizing the C-6 Commercial District regulations. There were two amendments since 1978 that involved the regulations of signage within the plaza. The Plaza 20 PUD has not been amended since 1999. Planned District Staff Report — Plaza 20 Shopping Center Page 4 Project Details: Plaza 20, Inc. is proposing to rezone a parcel they own on the east side of the plaza from R-1 Single-Family Residential to Planned Unit Development. This rezoning is necessary as the Plaza 20, Inc. proposes to construct a 52,000 square foot multi-tenant commercial building on the east side. The building itself will be located within the existing area zoned Planned Unit Development. However, the access road around the back of the building will encroach on the parcel zoned R-1 Single-Family. For this reason, Planning staff determined that a rezoning of the R-1 Single-Family Residential parcel was necessary. In addition, the construction of a 52,000 square foot multi-tenant commercial building would be deemed a significant expansion of the existing PUD, and an amendment would have been required to allow for that expansion as well. Allowed Uses: The existing Plaza 20 PUD Ordinance referenced the permitted uses in the C-6 Commercial zoning district of the 1975 Zoning Ordinance. The C-6 Commercial District does not exist anymore. Staff drafted a new list of allowed uses for Plaza 20 that includes the uses formerly available in the C-6 Commercial District. The only use not carried over is "residential dwellings of all types." Planning staff did not believe it was appropriate to include residential dwelling without knowing the location, style and number of dwellings that would be developed. Currently, there are no residential dwelling units in Plaza 20. The list of allowed uses has also been changed to reflect current ordinance language. Retail merchandise sales, department stores and services are now listed under retail sales/services. Professional office use is now general office, and churches are included in auditorium or assembly hall. Staff has added indoor and outdoor recreation, auto sales and service, auto service centers, automated gas station, self-service car wash and business services. These uses are listed in other existing commercial plazas and staff wanted to propose a more contemporary list of uses rather than maintain the list of allowed uses developed in 1978. Parking: The existing plaza has 980 off-street parking spaces. Based on the four parking spaces per 1,000 square foot requirement in the Unified Development Code for commercial retail uses, Plaza 20, including the new 52,000 square foot building, is required to provide 906 off-street parking spaces. Access: Access to and from the Plaza 20 is not being changed as part of this proposal. The principal access to the Plaza is by way of a signalized intersection at Devon and U.S. Highway 20 with a secondary access on the east side of the campus near the project site that is a right-in/right-out access to U.S. Highway 20. The Iowa Department of Transportation was notified of the rezoning. City Planning staff has talked with the IDOT Planner for this district, and the [DOT has no concerns regarding the proposed project. Planned District Staff Report– Plaza 20 Shopping Center Page 5 Recommendation: Planning staff recommends that the Zoning Advisory Commission review Section 5-24.5 that contains the criteria for review of PUD amendments and make a recommendation to the City Council regarding Plaza 20, Inc.'s requested amendment. Prepared by: /, /0/—Reviewed:�tl/�4 Date: 3 3[J•l to a.+ ' � )I fw 4 -_� � �°�A��ai*,! 1 A1r j':j'"'7 • ����,(j\+�" ' .a v� + T,��`4»�� ',k �� �;.,.-. t J .y 41 wl -t +• �\ e�,. � ' \ � • fir Xx Goole earth feet' 1000 1 meters 500 /� ""' Lam.•i� t '" 1 ! 1 y i" y ' ! Look • y •6;,, � ��Il a r'� II... •i.�1� '��;1 1� '`.` C,. ! t� � �RI- (( y ` •t1 ej! 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F.- EXHIBIT B XIL SIGNS ALLOWED TYPE CONTENT IIEIGIIT LIGIITING MOTION NUMBFR OF SIGNS MAXIMUM AREA LOCATION A.On-Premise Shopping Center Maximum 40 Externally or No motion Maximum 1 300 square feet Minimum 100 Freestanding identification/or feet. internally allowed. identification in total size each feet distance identification of allowed, no center side. between signs tenants with at intermittent sign/premises. subject to least 10,000 allowed, approval by square feet floor Maximum 3 100 square feet Plaza "20", arca. tenant in total size each consistent with identification side. this Ordinance signs/premises. and Regulations- B.Freestanding Directional signs. 10 feet. Internal only, no No motion Not specified. G square feet per Not specified. intermittent allowed. sign panel. allowed. C.Wall-mounted Identification Not to extend Externally or No motion Under 5,000 Total allowable Any store front signs for above top of internally allowed. square feet floor sign area shall location business, retail parapet wall. allowed, no area, 1 sign per not exceed 10% consistent with and service uses. intermittent each business/ of area of wall this Ordinance allowed. store per parallel and/or and Regulations. frontage on closest to internal drives, frontage on If 2 sides of internal drives leased area face Over 5,000 not to exceed a internal frontage, square feet floor maximum of 650 then may install area, 2 signs per square feet. signs on each each business/ side. store per frontage on internal drives. 11 TYPE CONTENT IlElGwr LIGIITING MOTION NUMBER OF SIGNS MAXIMUM ARRA LOCATION D.Wall-mounted Directional signs. Below cave or No intermittent No motion Not specified. 6 square feet per Not specified. or projecting parapet. allowed. allowed. sign panel. U Under canopy Identification Mounted to Internal only, no No motion I single or Not to exceed 6 Mounted under signs for provide not less intermittent allowed. double-faced sign square feet in canopy. business, retail than 8 feet allowed. per premises. area. and service uses. clearance as Tenants with 2 measured from sides of leased the ground. area facing internal frontage may install up to 2 single or double-faced signs. 1Z • ' „ , • , ' NOP¢WAC.11 IN RE, O WPi♦ P te_NOTES CAP � 4 ON I'� 1. Pu CONSTRUCTION SHALL BE ACCORDING TO1 a . q/(._I �� _Z CURRENT CITY OF OUSUWE REQUIREMENTS AND ALL II M,cMRerv,c APPLICABLE RESIRCIONS AND COVENANTS \ \ y�I xYF 1 I rvq tiRNPR P. 3 ALL EXTERIOR TRASH COLLECTION AREAS AND THE I CFS ..\J\ \ \ \ \I \ YI - NPTEWgLS CONTAINED THEREIN SHALL BE SCREENED ~• \1 ` ��C1\J( `�® f( 1 II TUmc (i0 A HEI DP OF 6 FEET)PRONM YNEW FROM THE • 1 CC]]�I�, \ A \ \ \ ,c\(f 1 ") T OOACENi PUBLC RCNT Of PER CITY OF �/ DUBUQUE DRONAE IS ] FXiER OR STORAGE 5 ONLY ABE SCO IN THE 510E AND REAR YARDS AND MUST BE SCREENER FROM ✓✓✓ ` „ „8 BOM ME PUBLIC RII AND SURROUNDING PRIVATELY OWNED PROPERTY. WSIINO WIIIOMO 6. p EBY GNACE REQUIRES A SEPARATE REVIEW 4 �J `. \)\�AY I' P. T• i' I/ / BPI•CFS I 1J fin'. FIRE HYCRANI \ pT\ Q u 3 " —PROPWD MANHOLE LarvECT __' I If ` 8 k I Y. NG SAx IA)tY SENOR Z O , r.=n K�• s — , _,L TO loos PROPOSED BULGING I ' 12, M 635' P J QIN P _.SA 1-nlry 1,ART,� R A 1 52200 SF OR 7 Lu • � T y N \ AD NG OOCR(TYP.) \ I >Z //—PBSER LOO � p \ _ b c \\\ f A.' & 0 aN• r__ _ _ - �Z 'OLE J � I' STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION i ij it li I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher i! 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: April 22, 2016, and for which the charge is $17.63. a Subscribed to before mea Notary Public in and for Dubuque County, Iowa, this day of , 20 fC 67 CITY OF Notary Public in and for Dubuque County, Iowa. DUBUQUE,IOWA OFFICIAL NOTICE NOTICE IS HEREBY I GIVEN that. the Dubuque City Council will conduct a public hearing at a meeting to z �mm commence at 6:30 p.m. . fifir on Monday, May 2, 2016, in the Historic � y ig, Federal Building Council Chambers y LL ,(second floor), `350 West 6th Street, Dubuque, on thei following: MID AMENDMENTS Request from Sara Hutchinson to amend the Plaza 20 Planned Unit Development time and place of Dodge Street tto loat w public interested rings and L all construction of new i parties will citizgivens and retail space and rezone property from. "R-1 an opportunity, to be Single-Family Residen- heard for or against tial to Planned Unit said actions. Development. i Copies of supporting, Request from Chris documents for the Miller to amend the public hearings are on Tower Hills Planned file in the City Clerk's Unit Development Office, and may be (PUD) District on viewed during regular Rockdale Road to allow working hours or at development of South I http://Publicagenda.cit Pointe Village; yofdubuque.org/. comprised of two Any visual or hearing Commercial lots and impaired persons Single and Multi-Family' needing special assis- residences. tance or persons with i Written comments special accessibility regarding :the above needs should contact public hearings may be the City Clerk's Office submitted to the City at (563) 589-4100 or Clerk's office, 50 W. TTY (563) 690-6678 at 13th,St., Dubuque, IA least 48 hours prior to 52001, ctyclerk, the meeting. cityofdubuque.org on Kevin S.Firnstahl, or before said time of CMC,City Clerk public_hearing.At said It 4/22 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 Sara Hutchinson 2600 Dodge St. Dubuque IA 52003 RE: City Council Public Hearing — PUD Request Dear Applicant: Masterpiece on the Mississippi April 27, 2016 The City Council will consider your request to amend the Planned Unit Development (PUD) for 2600 Dodge Street at a public hearing on Monday, May 2, 2016. Please attend this meeting, or send a representative to the meeting in your place to present your request and answer questions. City Council meetings begin at 6:30 p.m. in the City Council Chamber, 2nd Floor, Historic Federal Building (Post Office), 350 W. 6t" 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 Planner Enclosures cc: Kevin Firnstahl, City Clerk Service People Integrity Responsibility Innovation 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: May 06, 2016, and for which the charge is $115.03. Subscribed to before me a Notary Public in and for Dubuque County, Iowa, this kj day of , 20 dtary Public in and for Dubuque County, Iowa. P4AilY K. E ESTERMEYER Commission Number 184885 My C. 11. fix] FES. 1, 2017 censed child care cen- ter' :is so located, con- tintie to comply with all , local, state and federal regulations governing hazardous substances, hazardous conditions, hazardous wastes, and , hazardous materials. e.: If, the applicant; is I subject to the requWe- , meets of Section 302'of the •Superfund Amend--: ments and. Reauthori- zation Act of. 1986, as f amended, the Emer- gency Management Di': rector shall certify whether or not the apt plicant.has;submitted a current inventory ,of; extremely :hazardous substances kept" - or stored, on the prem- ises. If rem-ises..If any such ex- tremely hazardous substances are kept; or stored on the prem ises, the applicant shall also post in a conspicu- ous place, on the prem ises a notice indicating a description of the ex- tremely hazardous ' substances,' and the physical, and health hazards presented: by such substances.-. • f. Applicant shall sub- mit an evacuation plan . oFFICIAC' PUBLICATION for approval by the City, both: written and ORDINA CE N INAN 6 . M drawn, that.' -:details G TITLE CE where the; children will AMENDING TITLE 16, go' in the event of a opmENTHE UNIFIED, DEVELF hazardous r materials THE CIT. CODE OF incident.. The plan shall' THE ,CITY .OF ORDI-" include a; "house in QUE CODE'. OF ORDI- : place" scenario, in NANCES BY RESCIND- which the children can 62, 6 67- DINANCES 15- 'be'kept safely within a 62,;7-78,, 52-91, AND room ' of the building 6-99„WHICH ESTAB- ,that has no penetration LISHED , , REGULA- TIONSto the o�atsid (win FOR 1HE PLA- dews; Boots etc): ZA ^*0 _PU® PL."ANNED, „g Appoo s, etcall sub' UNI'T,'`DEVELOPMENT mit plans for apprdval DISTRICT WITH A by the City ;that mdi' PLANNED 'CONIMER-",. byte the installation i CIAL' DESIGNATION ra ' ti:em f ANP sh NOW BEING' ut-ohinff switchergofor thncye AMENDED TO "ALLOW: heating, ,,. ventilation', • FOR .:THE "DEVELOP- and ,air conditwmng MENT 'OF, .NEW 'RE- (HVAC)'system to minx TAIL SPACE F THE ' mize , the . infiltration sHopSIDE 'P ,THE : ri'sk of airborne hazard-_ SHOPING.: 'PLAZA, 'ousmaterials. AND THE.REZONING B. Lot and Bulk.Reg- OF EN ADJACENT R-1 ulationS. PARCEL FROMThe following 'bulk SINGLE-FAMILY RESI- regulations shall. apply pLANNED D UN PUDUNIT DE- . in the Plaza 20 Planned PLANNUnit Developmentsub- VECOPMENT” lett to the provisions of •NOW THEREFORE, BE the Unified Develop IT ORDAINED';BY.THE tent Code •- CITY :OF DUBUQU IFfE 1- Alf ';hoppmg center CITY OF DUBUQUE, 10 buildings,- .structures, WA: and activities shall be Section 1. That Title, developed in substan 16;:the Unified Devel tial, conformance` with , Dement Code. of C the the attached'conceptu- City of Dubuque Code al development plan. ' of Ordinances, is here- 2. AII shopping center by amended by re- buildings and struc- ' 62, 67ng Ordinance 15tures shall' be limited 62;78, 52-91, and 6- to a , 99 whmaximum heightich established of 40 feet. • regulations for the Pla- 3, All buildings and za 20 Planned Unit De structures located on, velopment District with out lots shall be;devel- aylanned,Commercial Deed m compliance District designation, with the bulk regula- • and now being amend- tions of the C-3General. ed ,to callow ,for the re Commercial district. ve • velopment of new. re- C. Sign Regulations. tail jfspace and the 1 The provisions of, rezoning of an adjacent the :city , of Dubuque parcel from:R-1 .Single - Unified Development Family. Residential to Code,'Section,15 Signs Planned Unit Develop- ,shall apply unless fur ment for the following they regulated by this described property, to section. mit: , E 2. Onpremise-signs: ' As shown in El,A On -premise signs shall ri land to the centerline of be regulated in accord -- }the adjoining 'public ance with the provi-. right-of-way, all in the sions of Exhibit B. City of Dubuque, Iowa., 3. Off -premise signs: A. Use Regulations Off -premise signs shall ` The following regula- be prohibited. Legal Notices inside the posts. F. Exterior Trash Col-: I lection Areas 1. The storage of trash and debris shall be limited to that pro- duced by the principal permitted use and ac- cessory uses of the lot. 2. Allexterior trash collection 'areas and '1 the materials. con- tained therein on-tained"therein shall be visually screened from view. The screening shall be completely I opaque fence, wall or, other feature ;not ex- , ceeding a height of 10 feet measured' from the :ground' level out side the line ,of the .- screen. Screens built on sloping a adds thatll be stepped their top line shall be horizontal. Allexterior entrances to a screened trash area shall be provided with a gate or door of simi- lar design to that of the screen. G. Performance Standards. The development and maintenance of uses in this Planned Unit De- Velopment shall be es- tablished in conform- ance onform ance with the following standards. 1. That the east side of Plaza 20 adjacent to. the new retail space be planted with species of shade trees that will provide an effective screen in the future be j tWeen the commerc al plaza and residential properties to the east.' 2 Platting; Subdivi- sion plats shall be sub- mitted in .accordance with Section 11 Land Subdivision`' of -the City of Dubuque Unified De'' velopment Cade. 3.:Site Plans: Final site development plans shall be submitted in accordance with Sec- tion 12 Site .Plans and Section13 Site 'Design Standards of the City of Dubuque"Unified De- velopment Code prior to construction ofeach building and vehicle - related' feature unless otherwise exempted.by Article 12,-= 4. Storm Water Con I veyance: The develop- er of each' Jot shall be responsible for provid- ing surface or subsur- face conveyance(s) of storm water from the lot to existing storm sewers or to the flow line ofopen drainage ways outside the lot in a means ,that is satis- factory 'to the Engi- neering Department of the City of, Dubuque. Other applicable -regu- lations enforced pY'dhe City of Dubuque rela- tive to storm water management and drainage,shall apply, to properties in the Plan- ned Unit Development. H. Other Codes, and Regulations 1. Service Lines. All electric, telephone, ca- ble, or ; other similar utility lines, serving, the building and other site features; shall be locat- ed underground, where feasible. .s, 2. These regulations do not relieve theown- er from other applica \4"1-ArlYer,'w`cu,'Y-u" ments for Plaza, 20 restaurant:shall be one space per 5. General offices 250'square ,feet of re- 6Indoor recreation tail space accessible to 7. Outdoorrecreation. the, general public. 8. Auto sales and ser 2; All vehicle -related ice , • features shall be sur - 9. Autoservice cen- faced with standard or tars permeable asphalt, 10. Automated gas conc, or p station 3. Curbing,reteandavers. proper. 11. Self-service car surface drainage of wash storm water. shall be 12. Business services ' provided. 13. Hotel 14. parking and 14. MotelAuditorium or as_loading spaces shall be 15. Auditodelineated on the sur sembly hall ` facing material . by Accessory adcs sort' painted stripes, or oth- following acctessory er perrnanentmeans. . uses are p20 Planned 5. Thg size and design the Plaza ,20 Planned of parking., spaces shall Unit Development ' be governed. by appli 1. Any -use and sulari- cable provisions of the ly incidental and incip Unified Development dinate to the principal Code enforced at the use it serves, ` timeof development of '2. Outdoor seating as the lot. part of an indoor res- 6.'The 'number, size, taurant, bar or tavern. design, and location of, Conditional Uses: parking spaces desig- The following condi- nated for persons with tional uses are permit- disabilities shall be 'ac - Planned Unit Develop- ,state, or federal .re- meat, subject, to the 'quirements in effect at of theiorii of Section'8 the time` of; develop - 1 of Unified Develop -men, ment Code that estab ; parking require ashes requirements- for .mems foY businesses application to the ori- located 8 on gout, lots ing , Board of Adjust- shall comply: with the ment for a conditional provision§ of Section Usepermiti and 'any 14'of the Unified Devel; other specific condi- opment Code. tions listed below for a E. Site Lighting conditional use. 1. Exterior illumina- 1. Licensed Child care tion of site features centers, provided faclthat: shall be limited to the a. Such facility shall illumination of the fol supply; loading and un- lowing:. loading spaces so as a. Parking" areas, not to obstruct public driveways and loading streets or create traffic facilities. ies. or safety hazards b. Pedestrian walk- b. All licenses :have way surfaces and en - been issued or Have • trances to building. been applied for and c. Building exterior. are awaiting the out= 2. Location and De come of the state's de- sign cision; and a. All exterior lighting c. Such use shall not luminariesshall be de - be located within the signed and installed to same structure as any shieldlighat angles ern, automated gas above 72 degrees from station or any, facility .vertical, selling, servicing,[re b. Fixtures mounted pairing,; or renting ve- hicles.on a dinshall not be positioned.builg higher d. The conditional use than the roofline.of the applicant certifies that building. the premises on which c All electrical serv; the licensed child care ice,li ll ectrical err- center will be located ice lineres shall be.under- complies with, and will ground and, concealed for so long as the li-.- , Planned Unit. Develop LOue, Jyuu: le a ,- shall apply unlessfur- ment for the following ther regulated by this described property, to section. wit: , 2. On -premise --signs;: As shown nntExhibit A, On -premise signs •shall 'sand to the centerline of 'the adjoining public be regulated in accord right-of-way,. all in the ance with the provi City of Dubuque, Iowa." sions of Exhibit B. A. Use Regulations 3. Off -premise signs: The following regula- .Off -premise -signs shall, be prohibited. tions shall apply to all 4. Variances: Varian- uses made of land in ccs from sign require - the above-described ments for size, num- Planned Unit Develop ber, and height may be ment; requested. Such var Principal permitted iances shall be re-_ uses: The following viewed by the Zoning uses are permitted in Board of Adjustment in the Plaza ;20 Planned accordance with Arti- Unit Development;,cle8-6 of the -Unified , 1 Regional shoppingDevelopment Code. Centel;, d; D.parking :Regula 2. Retails'ales/service tions; 3. Indoor restaurant =- 1.' Parking, require- , 4 ,Drive,in/carry-out ments for Plaza, 20 restaurant, �� shall be one space per 5. General offices 250 square feet of re - 6. Indoor recreation tail space accessible to 7. Outdoor recreation,the;general public:, 8. Auto sales arid ser 2; All vehicle -related � vice feature's shall be sur- -:9. Auto service cen facepermeabld.with:setandardor ters asphalt; 10. Automated gas concrete, or pavers. station 3. Curbing and proper 11. 'Self-service car surface ,drainage of wash storm water shall be ' 12. Business services provided. 13. Hotel 4. All parking and 14. Motel loading spaces shall be 15. Auditorium or as- delineated on the sur- sembly hall " facing material . by Accessory Uses: The painted stripes, or oth- following accessory er perrnanent means. uses- are permitted 'in 5. Thg size and design the Plaza ;20 Planned" of parking spaces shall Unit Development: be governed by appli- cable provisions"of the and ly incidental and rubor- Unified Development dinate to the principal Code 'enforced at the use it serves. • time;of development of • 2. Outdoor seating as the lot. part of an indoor res- 6. The 'number, size, taurant, bar or tavern. design, and location of Conditional • Uses: parking spaces desig The following condi- nated for persons with tional uses are permit- disabilities shall be ac- ted `in the Plaza 20 cording to the local, Planned Unit Develop- state, -or federal re'- merit, subject, to the quirements in effect at of theionsof Section 8 the time of; develop - of the Unified Develop- merit - eet Code that estab- � Parking requ mire-. hshes requirementsEfdr .merits • for businesses application to the Zon- ing"; Board• of Adjust- shall complywith the merit for a conditional provision's Of Section use permit, and any 14 of the Unified Devei other specific condi- opment Code. tions listed below for a E. Site Lighting conditional use. 1. Exterior illumina- 1. Licensed child care tion of site features • centers, provided favthat: shall be limited to the a. Such facility shall illumination of the fol supply; loading and un lowing:. • loading spaces so as l a. Parking areas, not to obstruct publicdriveways and loading streets or create traffic' facilities. or safety, hazards; < b. Pedestrian walk - b. All licenses have en - been issued or have way surfaces and been' applied for atrances to building. ci Building exterior..„ are awaiting the` out- 2. Location and .De- c De - come of the state's de- sign • cision; and a. All exterior lighting c. Such use shall not luminariesshall be de -- be located within the signed and installed to same structure as any shield light from the lu-. gas " station, bar/tav- • , mnaries at angles ern, automated 7 gas_above 72 -degrees from station or any, facility vertical.; selling, .i servicing, re- b. Fixtures mounted pairing, : or or renting ve- on a building shall not hides' be positioned higher d. The conditional certifies itional use than the rooflineof the applicant cethat building. the premises on which,c All electrical serv; the licensed child careice lines -cais and center will be located fixtures shall.be:under- complies with, and will ground and, concealed for so long as the li Regulations 1. Service Lines. ;All electric, telephone, ca- ble, . or other similar utility lines serving.the building and other site features,shall be`locat- ed underground, where feasible. 2. These regulations do not relieve the own- er from other. applica- ble city, county, state or federal codes, regu- lations, laws and: other. controls relative to the planning, construction, operation and manage • ment of property with- in the city of Dubuque. I. Transfer of Own- ership Transfer` of ownership or lease;; of property in the Plaza 20 PUD shall include in the transfer or lease ,agreement ,a provision that the pur-r chaser or lessee: -ac- knowiedges awareness of the conditions au- thorizing the establish meet of the District:.' PUD. ._ J. Recording A copy of this PUD Or- dinance shall be re- corded, at the expense of the property owner, • with the Dubuque County Recorder as a permanent record of the conditions accept- ed as part` of this re- classification approval. This ordinance shall be binding upon the un- dersigned and . his/her heirs, successors and assigns. • Section 2. The forego- ing amendment has heretofore been re- viewed by the Zoning • Advisory Commission bf the City of Dubuque, • Iowa. Section 3. The forego- ing amendment .shall take effect upori'publi- cation, as provided by Passed approved and adopted this,2ndday of May, 2016':' • /s/Roy D. bud, Mayor Attest: /s/Kevin Firnstahi City Clerk ' Published" officially in the Telegraph 'Herald newspaper on the 6th "+ day of May, 2016. /s/Kevin S. Firnstahl, City Clerk 1t5/6•' 11 101 11 11 ui 011 10 V 11 11 11 Doc ID 008439500008 Type: GEN Kind: ORDINANCE Recorded: 05/20/2016 at 01:36:47 PM Fee Amt: $42.00 Page 1 of 8 Dubuque County Iowa John Murphy Recorder F11e2016-00005966 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. 13th Street Telephone: 589-4121 ORDINANCE NO. 13-16 AN ORDINANCE AMENDING TITLE 16, THE UNIFIED DEVELOPMENT CODE OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RESCINDING ORDINANCES 15-62, 67-78, 52-91, AND 6-99 WHICH ESTABLISHED REGULATIONS FOR THE PLAZA 20 PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PLANNED COMMERCIAL DESIGNATION AND NOW BEING AMENDED TO ALLOW FOR THE DEVELOPMENT OF NEW RETAIL SPACE AT THE EAST SIDE OF THE SHOPPING PLAZA, AND THE REZONING OF AN ADJACENT PARCEL FROM R-1 SINGLE-FAMILY RESIDENTIAL TO PUD PLANNED UNIT DEVELOPMENT 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 rescinding Ordinance 15-62, 67-78, 52-91, and 6-99 which established regulations for the Plaza 20 Planned Unit Development District with a Planned Commercial District designation, and now being amended to allow for the development of new retail space and the rezoning of an adjacent parcel from R-1 Single -Family Residential to Planned Unit Development for the following described property, to wit: As shown 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 Planned Unit Development: Principal permitted uses: The following uses are permitted in the Plaza 20 Planned Unit Development: 1. Regional shopping center 2. Retail sales/service 3. Indoor restaurant tA(L9° C -v lc- Plaza 20 PUD Ordinance Page 2 4. Drive-in/carry-out restaurant 5. General offices 6. Indoor recreation 7. Outdoor recreation 8. Auto sales and service 9. Auto service centers 10. Automated gas station 11. Self-service car wash 12. Business services 13. Hotel 14. Motel 15. Auditorium or assembly hall Accessory Uses: The following accessory uses are permitted in the Plaza 20 Planned Unit Development; 1. Any use customarily incidental and subordinate to the principal use it serves. 2. Outdoor seating as part of an indoor restaurant, bar or tavern. Conditional Uses: The following conditional uses are permitted in the Plaza 20 Planned Unit Development, subject to the provisions of Section 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. 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. Plaza 20 PUD Ordinance Page 3 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 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 Plaza 20 Planned Unit Development, subject to the provisions of the Unified Development Code. 1. All shopping center buildings, structures, and activities shall be developed in substantial conformance with the attached conceptual development plan. 2. All shopping center buildings and structures shall be limited to a maximum height of 40 feet. 3. AH buildings and structures located on out lots shall be developed in compliance with the bulk regulations of the C-3 General Commercial district. C. Sign Regulations. 1. The provisions of the City of Dubuque Unified Development Code, Section 15 Signs shall apply unless further regulated by this section. Plaza 20 PUD Ordinance Page 4 2. On -premise signs: On -premise signs shall be regulated in accordance with the provisions of Exhibit B. 3. Off -premise signs: Off -premise signs shall be prohibited. 4. Variances: Variances from sign requirements for size, number, and height may be requested. Such variances shall be reviewed by the Zoning Board of Adjustment in accordance with Article 8-6 of the Unified Development Code. D. Parking Regulations 1. Parking requirements for Plaza 20 shall be one space per 250 square feet of retail space accessible to the general public. 2. All vehicle -related features shall be surfaced with standard or permeable asphalt, concrete, or pavers. 3. Curbing and proper surface drainage of storm water shall be provided. 4. All parking and loading spaces shall be delineated on the surfacing material by painted stripes or other permanent means. 5. 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. 6. 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. 7. Parking requirements for businesses located on out lots shall comply with the provisions of Section 14 of the Unified Development Code. E. Site Lighting 1. Exterior illumination of site features shall be limited to the illumination of the following: a. Parking areas, driveways and loading facilities. b. Pedestrian walkway surfaces and entrances to building. c. Building exterior. 2. Location and Design Plaza 20 PUD Ordinance Page 5 a. All exterior lighting luminaries shall be designed and installed to shield light from the luminaries at angles above 72 -degrees from vertical. b. Fixtures mounted on a building shall not be positioned higher than the roofline of the building. c. All electrical service lines to posts and fixtures shall be underground and concealed inside the posts. F. Exterior Trash Collection Areas 1. The storage of trash and debris shall be limited to that produced by the principal permitted use and accessory uses of the lot. 2. 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. G. Performance Standards The development and maintenance of uses in this Planned Unit Development shall be established in conformance with the following standards. 1. That the east side of Plaza 20 adjacent to the new retail space be planted with species of shade trees that will provide an effective screen in the future between the commercial plaza and residential properties to the east. 2. Platting: Subdivision plats shall be submitted in accordance with Section 11 Land Subdivision of the City of Dubuque Unified Development Code. 3. Site Plans: Final site development plans shall be submitted in accordance with Section 12 Site Plans and Section 13 Site Design Standards of the City of Dubuque Unified Development Code prior to construction of each building and vehicle -related feature unless otherwise exempted by Article 12. 4. Storm Water Conveyance: The developer of each lot shall be responsible for providing surface or subsurface conveyance(s) of storm water from the lot to existing storm sewers or to the flow Plaza 20 PUD Ordinance Page 6 line of open drainage ways outside the lot in a means that is satisfactory to the Engineering Department of the City of Dubuque. Other applicable regulations enforced by the City of Dubuque relative to storm water management and drainage shall apply to properties in the Planned Unit Development. H. 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. 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. I. Transfer of Ownership Transfer of ownership or lease of property in the Plaza 20 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. J. Recording A copy of this PUD Ordinance shall be recorded, at the expense of the property owner, 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 2nd day of May, 216. Roy D. Buol, Mayor Attest: Kevir 'Firnstahl, Cify- rk Imo► DIMIr 111 • MIKA a ►f pe. rw` e � ►f e♦O�f.♦ ♦ ♦eeeeee♦e♦ /eeeeee_ _ �e'...ee. 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F.- CERTIFICATE of the CITY CLERK STATE OF IOWA ) SS: COUNTY OF DUBUQUE ) I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached Ordinance No. 13-16 is a true and correct copy of the original. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa, on this 17th day of May, 2016. Kevi . Firnstahl, C ,tt , City Clerk