Request to Amend PUD - Historic Millwork District_Microbrewery, Winery_Gutierrez Copyright 2014
City of Dubuque Public Hearings # 3.
ITEM TITLE: Request to Amend PUD - Historic Millwork District
SUMMARY: Proof of publication on notice of public hearing to consider
approval of a request by Keith Gutierrez to amend the
Historic Millwork District Planned Unit Development (PUD)
to allow microbrewery, winery and distillery as permitted
uses and the Zoning Advisory Commission recommending
approval.
ORDINANCE Amending Title 16, the Unified Development
Code of the City of Dubuque Code of Ordinances by
rescinding Ordinance 75-15 Which provides regulations for
a PUD Planned Unit Development District with a Planned
Commercial Designation for the Historic Millwork District
PUD and now being amended to include Microbrewery,
Winery and Distillery as permitted uses
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
Ordinance Exhibits Supporting Documentation
Citizen Input Supporting Documentation
Suggested Motion Supporting Documentation
Planning Services Department Dubuque
City Hall iti**Wd THE CITY OF
50 West 13Th Street u' ar �T TB
Dubuque,IA 52001-4864 1 r I I I r U
(563)559-4210 phone 1
(563)559-4221 fax W-MI•mn Masterpiece on the Mississippi
(563)690-6675 TDD
planning@cityofdubugue.org
i
May 10, 2016
The Honorable Mayor and City Council Members
City of Dubuque
City Hall — 50 W. 13th Street
DubuquelA 52001
Applicant: Keith Gutierrez
Location: Historic Millwork Planned Unit Development
Description: To amend the Historic Millwork District Planned Unit Development to allow
microbrewer, winery, and distillery as permitted uses.
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, indicating he is proposing to open a
microbrewery in the Historic Millwork District.
Staff noted the receipt of a letter from Gronen Development to the Zoning Advisory
Commission asking that they consider listing microbrewery, distillery and winery as a
conditional use rather than a permitted use. There were no other public comments.
Planning staff reviewed that brew pubs were currently allowed in the HMD, the
difference between a brew pub and a microbrewery, potential external impacts as a
microbrewery, winery or distillery, and the process for a conditional use.
The Zoning Advisory Commission discussed the request, reviewing the distinction
between a brew pub and microbrewery, the impact of requiring a conditional use permit
and options available to the Zoning Board of Adjustment when considering a conditional
use permit request.
Recommendation
By a vote of 6 to 0, the Zoning Advisory Commission recommends that the City Council
approve the request.
A simple majority vote is needed for the City Council to approve the request.
Service People Integrity Responsibility Innovation Teamwork
The Honorable Mayor and City Council Members
Page 2
Respectfully submitted,
Patrick Norton, Chairperson
Zoning Advisory Commission
Attachments
cc: Maurice Jones, Economic Development Director
Service People Integrity Responsibility Innovation Teamwork
THfi CITY OF
City of Dubuque
DUB E Planning Services Department
Dubuque, IA 52001-4805
Masterpiece on the Mississippi Phone: 563-589-4210
Fax: 563-589-4221
olannino(o)cityofdubuaue 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
❑Limited Setback Waiver ❑Minor Site Plan ❑Historic Revolving Loan ❑Demolition
NRezoning/PUD/ID ❑Major Site Plan ❑Historic Housing Grant ❑Port of Dubuque Design Review
Please type or Print legibly in ink
Property owner(s): Phone:
Address: City: State: Zip:
Fax#: Cell #: E-mail:
Applicant/Agent: Keith Gutierrez Phone: 563-543-9546
Address:2819 Meadow Wood Dr lity:Dubuque IA 52001
State: Zip:
52001
Cell #: E-mail: eosmognosis@hotmail.eom
Site location/address:TBD Neighborhood Association: N/A
PUD-PC PUD-PC Historic Millwork
Existing zoning: Proposed zoning: District: Landmark: El Yes ® No
Legal Description (Sidwell parcel ID#or lot number/block number/subdivision): 10'24.477.010
Total property(lot)area(square feet or acres):7-15,000 square feet depending on purchase
Describe proposal and reason necessary(attach a letter of explanation, if needed):To amend the Historic Millwork
District Planned Unit Development to allow Microbrewery, Winery, and Distillery as permitted uses.
CERTIFICATION: I/we,the undersigned,do hereby certify/acknowledge that:
1. It is the property owner's responsibility to locate property lines and to review the abstract for easements and restrictive
covenants.
2. The information submitted herein is true and correct to the best of my/our knowledge and upon submittal becomes public
record;
3. Fees are not refundable and payment does not guarantee approval; and
4. All additional required written and graphic materials are attached.
Property Owner(s):_ Date: I'
Applicant/Agent:
Keith Gutierrez, 7 Hills Brewing Co. Date: 4-8-16
FOR OFFICE USE ONLY—APPLICATION SUBMITTAL CH KLIST
Fee: $613'00 Received b :
Y Date: y ' •(raDocket:
THE CITY OF
DUB E MEMORANDUM
April 27, 2016
TO: Zoning Advisory Commission `�
FROM: Guy Hemenway, Assistant Planner�c�P
SUBJECT: To amend the Historic Millwork District PUD Planned Unit Development to
allow microbrewery, winery and distillery as permitted uses.
INTRODUCTION
The applicant's request is to add microbrewery, winery and distillery to the list of
permitted uses in the Historic Millwork District Planned Unit Development (HMD).
Currently there are 47 permitted uses and 19 conditional uses in the HMD. The uses
permitted include a full spectrum of residential and office development and commercial
uses such as bar or tavern, indoor restaurant, neighborhood shopping center, retail
sales, warehousing and printing and publishing. Conditional uses include contractors
shop, manufacturing, millworking and construction supply sales and service.
LAND USE DEFINITIONS
The Unified Development Code (UDC) identifies three levels of brewing. The first and
least intense is termed a brew pub and is defined as a restaurant or hotel which
includes the brewing of beer as an accessory use. The brewing operation processes
water, malt, hops, and yeast into beer or ale by mashing, cooking, and fermenting. By
definition, these establishments produce no more than 10,000 barrels of beer or ale
annually. The area used for brewing, including bottling and kegging, cannot exceed 25
percent of the total floor area of the commercial space.
The UDC defines a micro-brewery as a facility for the production and packaging of
malt beverages of low alcoholic content for distribution, retail or wholesale, on or off
premises, with a capacity of not more than 10,000 barrels per year. The development
may include other uses such as standard restaurant, bar, or live entertainment as
otherwise permitted in the zoning district. There is; however, no floor area limitation.
The UDC defines a brewery as an industrial use that brews ales, beers, meads and/or
similar beverages on site. Breweries are classified as a use that manufactures more
than 10,000 barrels of beverage (all beverages combined) annually.
HMD Brewery Amendment Page 2
The UDC; however, does not define a winery or a distillery. Online dictionaries are also
not detailed, defining wineries and distilleries simply as facilities that produce wine or
distill spirits. Micro-breweries, wineries or distilleries are not listed as permitted uses in
the HMD.
DISCUSSION
Currently, the HMD lists a brew pub as a permitted use. A brew pub is a bar or
restaurant that brews beer as an accessory use, is limited to 10,000 barrels or less per
year and does not exceed 25% of the floor area of the interior commercial space.
Please note that the production volume threshold is the same for a micro-brewery and a
brew pub, the only difference being that in a brew pub the brewing activity must be
accessory to a bar/restaurant, not consume more than the 25% of the gross floor area
of the facility and cannot exclusively be a wholesaler. These limitations are not placed
on a micro-brewery.
Since the initial rezoning in 2010, the HMD has been developing as envisioned with
upper story residential use and a mix of retail, bar/restaurant, entertainment space and
office uses primarily on the first floor of the warehouse buildings. Spahn and Rose
Lumber Company has relocated leaving a number of large warehouse buildings
currently vacant. Locating alcohol production facilities in mixed-use areas is not
uncommon. For example, the Penn Brewery (30,000 bbls. per year) and the Wigle
Distillery (opened in 2010) are both located in the same residential neighborhood in
Pittsburg. Often, newer breweries, wineries and distilleries are located in older mixed-
use neighborhoods in adaptively repurposed historic buildings (e.g. Goose Island
Brewery in Chicago). The craft brewing industry notes that these businesses contribute
to neighborhood revitalization, help the local economy and contribute to cities
sustainability efforts.
Production of 10,000 barrels of beer per year would equate to approximately 27 barrels
or 54 kegs per day. If this capacity were reached, there would be increased truck traffic
in the HMD along with the potential for customer and tourist related traffic and
consequent demand on parking. The transportation of raw materials and production
and packaging of the product may generate potential impacts that should also be
considered. The HMD has a public parking ramp and the City is in the process of
creating additional parking for the area. Staff anticipates that the potential impacts of a
micro-brewery, winery or distillery would be similar in nature.
Please keep in mind that the retail uses already permitted in the HMD also have the
potential to generate significant traffic and demand on parking.
RECOMMENDATION
Staff recommends that the Commission review the applicant's request to add micro-
brewery, winery and distillery to the list of permitted uses in the HMD in light of the
potential impacts, both positive and negative, that such uses may generate. The
Commission can impose conditions aimed at mitigating any of the perceived impacts.
Prepared by: Laura Carstens, City Planner Address: 502%13th St.. City Hall Telephone: 589-4210
Return to: Kevin Firnstahl, City Clerk, Address: City Hall- W. 13 Street Telephone: 589-4121
ORDINANCE NO. -16
AN ORDINANCE AMENDING TITLE 16, THE UNIFIED DEVELOPMENT CODE OF
THE CITY OF DUBUQUE CODE OF ORDINANCES BY RESCINDING ORDINANCE
75-15 WHICH PROVIDES REGULATIONS FOR A PUD PLANNED UNIT
DEVELOPMENT DISTRICT WITH A PLANNED COMMERCIAL DESIGNATION
FOR THE HISTORIC MILLWORK DISTRICT PUD AND NOW BEING AMENDED
TO INCLUDE MICROBREWERY, WINERY AND DISTILLERY AS PERMITTED
USES.
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 75-15 which provides
regulations for a Planned Unit Development District with a Planned Commercial District
designation for the Historic Millwork District, and now being amended to include
microbrewery, winery and distillery as permitted uses:
All real property generally located south of 12th Street, east of White Street
and west of Highway 61/151 as 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.
Historic Millwork District PUD 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.
Historic Millwork District PUD Page 3
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.
48. Microbrewery, winery and distillery
Historic Millwork District PUD 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.
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.
Historic Millwork District PUD 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.
Historic Millwork District PUD Page 6
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 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 11 th 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
Historic Millwork District PUD 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.
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 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.
d. That the Historic Millwork District PUD Conceptual
Development Plan as shown in Exhibit B is hereby amended
Historic Millwork District PUD Page 8
to allow for a surface parking lot at the northwest corner of
Elm and 11th Streets.
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 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
Historic Millwork District PUD Page 9
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.
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.
Historic Millwork District PUD Page 10
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.
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 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
Historic Millwork District PUD Page 11
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 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.
Historic Millwork District PUD Page 12
Section 3. The foregoing amendment shall take effect upon publication, as
provided by law.
Passed, approved and adopted this day of 2016.
Roy D. Buol, Mayor
Attest:
Kevin Firnstahl, City Clerk
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4 May 2016
Zoning Advisory Commission
Planning Services Department
City Hall
50 W 13th Street
Dubuque, IA 52001
Dear Zoning Advisory Commission,
We are writing in response to the notice of a request to amend the Historic Millwork District Planned Unit
Development to allow microbrewery,winery, and distillery as permitted uses. As the Millwork District
continues to develop, it is important that every addition is cohesive to the District's mission and
complimentary to its neighbors.
We welcome a microbrewery to the district, as we appreciate how this can add to the vibrancy of the area.
However, rather than adding microbreweries, wineries,and distilleries to "Principal permitted uses,"we would
recommend that this be added to "Conditional uses"so that each potential business would be evaluated
individually. After much research and engagement of industry experts, we learned that these types of
operations,depending on the size and model, can create unpleasant smells, excess traffic,trash/waste, and
exhaust,which would negatively affect other developments in the District. Requiring a conditional use permit
offers the District the opportunity to ensure that any such business enhances the district, and is a backstop to
prevent larger-scale operations. If you have any questions, please feel free to contact me. Thank you for your
consideration.
Sincerely,
John . Gronen
President
Gronen Restoration, Inc.
Suggested Motion Wording for Ordinances - Motion B / Motion A
Motion B
I move to receive and file the communications and further move that the requirement
that a proposed Ordinance be considered and voted on for passage at two Council
meetings prior to the meeting at which is to be finally passed be suspended.
Second & vote called; then:
Motion A
I move final consideration and passage of the Ordinance.
Second & vote called
If Motion B does not pass:
I move to receive and file the communications and I move first (or second) consideration
of the Ordinance.
Upon third reading:
I move final consideration and passage of the Ordinance.
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 $24.40. CITY OF DUBUQUE,
IOWA
OFFICIAL NOTICE
NOTICE IS HEREBY
GIVEN that the Dubu-
que' City Council will
conduct a public hear-
ing at a meeting to
commence at 6:30 p.m.
on Monday, May 16,
2016 in the Historic
Federal-Buiiding Coun-
cil Chambers (second
floor), 350 West 6th
Street, Dubuque, on
the following:
REZONINGS
Request by Steve
Smith to rezone prop-
erty on Wolff Road
(Parcel ID# II
1020376004) from CSC
Commercial Service &
Wholesale with condi-
tions to LI Light Indus-
trial District.
Request by: Al Urbain.
Construction Manage-
ment, Inc. to rezone,
property at 800 & 804
Rhomberg Avenue
from C-1 Neighborhood
Notary Public in and for Dubuque County, Iowa. Commercial and R -2A
Alternate -_ Two -Family
Residential ' to C-2
NeighborhoodShop-
ping Center zoning dis
trict.
AMEND PUD
Request by Keith
Gutierrez to amend the
Historic Millwork Dis-
trict Planned Unit De-
velopment to allow'
microbrewery, winery
and distillery as per-
mitted uses.
Written comments re-
garding the above pub-
lice hearings may_ be
submitted to the City
Clerk's Office, 50 W.
13th St., Dubuque, IA
52001, ctyclerk@a city
ofdubuque.org on or
before said time of
public
public hearing. At said
time and place of pub-
lic hearings all inter-
ested
nterested citizens and par-
ties will be given an
opportunity to be
heard for or against
said actions.
Copies of supporting
documents' for the pub-
lic
ub lic hearings are on file
in the City Clerk's Of-
fice and may be
viewed during regular
working hours.
Any visual or hearing
impaired persons'
needing special assis-
tance or persons with
special accessibility
needs should contact ;I
the City Clerk's Office
at (563) 589-4100 or
TTY (563) 690-6678 at
least 48 hours prior to
the meeting.
Kevin S. Firnstahl,
CMC, City Clerk
it 5/6
Subscribed to before m
this /ea day of
a Notary Public in and for Dubuque County, Iowa,
,20/ .
MARY K. WESTERMEYER
Commission Number 154885
My (,,,, Exp. FES, 1, 2017
Planing 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
A9 AmeticaClty
1111E,
2007 • 2012 • 2013
Masterpiece on the Mississippi
May 6, 2016
Keith Gutierrez
2819 Meadow Wood Drive
Dubuque IA 52001
RE: City Council Public Hearing — Amend Historic Millwork District PUD
Dear Applicant:
The City Council will consider your request to amend the Historic Millwork District
Planned Unit Development at a public hearing on Monday, May 16, 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. 6th
Street, Dubuque, Iowa.
Please contact the Planning Services Department at (563) 589-4210 if you need more
information or have any questions.
Sincerely,
7""
Kyle L. Kritz
Associate Planner
Enclosures
cc: /Kevin Firnstahl, City Clerk
Service People Integrity Responsibility Innovation Teamwork
15 May 2016
Dubuque City Council
City Hall
50 W 13th Street
Dubuque, IA 52001
Dear Dubuque City Council,
I am writing in response to the notice of a request to amend the Historic Millwork District Planned Unit
Development to allow microbrewery, winery, and distillery as permitted uses. As the Millwork District
continues to develop, it is important that every addition is cohesive to the District’s mission and
complimentary to its neighbors.
We welcome a microbrewery to the district, as we appreciate how this can add to the vibrancy of the area.
However, we don’t know what the plan is for any potential venture, so rather than adding microbreweries,
wineries, and distilleries to “Principal permitted uses,” we would recommend that this be added to
“Conditional uses” so that each potential business would be evaluated individually. After much research and
engagement of industry experts, we learned that these types of operations, depending on the size and design,
will likely excess delivery traffic, excess trash/waste and unpleasant odors requiring building exhaust to the
environment. We know that these issues will have adverse effects on existing occupied buildings an d could
curtail future developments in the Millwork District.
As an example, we are aware that a new micro-brewery operation is interested in utilizing a building
immediately adjacent to the Voices Building, which is located at 1000 Jackson Street. We are currently in the
pre-development phase of a possible $30 million rehabilitation project that would transform to a mixed-use
development for the building. The project could potentially include a large corporate headquarters,
commercial lease space, and residential apartments on the upper-most floor levels.
If micro-breweries are considered to be a permitted use in the Historic Millwork District, existing building
owners and neighboring businesses will not have the opportunity to raise concerns as to h ow they may be
implemented with the least impact to the neighborhood environment.
From our research, we know that some specific concerns that should be addressed by potential micro -brewery
businesses and evaluated by the City Planning and Building Departments are following:
What is the intended production capacity of the proposed brewery/winery? Is it a Brew pub,
micro-brewery or full production brewery? The City of Dubuque has specific definitions for
each in its Zoning Ordinance)
Will grain milling occur on site, and if so, how will noise from that process be mitigated? An
industry expert informed us that milling can be very noisy with large operations, which will
negatively affect future office workers and residents in the neighboring buildings.
Will bulk storage be occurring on site? How will it be handled?
How will unpleasant production odors be mitigated so that they do not have an impact on
neighboring properties?
How will production waste be removed?
Will shipping and receiving be handled in a way that does not create a safety issue for
pedestrians in the district? (Note that There will be a significant increase in pedestrian traffic,
when the Voices Building is redeveloped.)
Please remember that we are not against a brew pub being located in the Historic Millwork District, but want
to make sure that all stakeholders, not only ourselves, have an opportunity to address concerns during the
planning process. Requiring a conditional use permit for breweries and wineries provid es the District
Stakeholders, the City and the community an opportunity to evaluate these new operations to ensure that
they will not have a negative impact on the district.
Thank you for considering our concerns. If you have any questions, please feel free to contact me.
Sincerely,
John N. Gronen
President
Gronen Development, Inc.