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Request to Amend PUD - Historic Millwork District_Brewery-Winery Conditional Use_Hearing Copyright 2014 City of Dubuque Public Hearings # 1. 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 KeithGutierrez 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 as conditional uses with conditions related to noise and odors. 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 conditional uses SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion A ATTACHMENTS: Description Type ZAC Letter Staff Memo Staff Report Supporting Documentation ZAC Minutes for case Supporting Documentation Public Input Supporting Documentation Ordinance- Conditional Uses Supporting Documentation Ordinance Exhibits A& B Supporting Documentation Original Zoning Advisory Commission Packet Supporting Documentation Planning Services Department Dubuque City Hall I THECIIYOF 50 West 13th Street U' � DT T� E Dubuque,IA 52001-4864 I,I I�.r U (563)589-4210 phone ! Masterpiece on the Mississippi (563)589-4221 fax mn•mi:•mu 1p pp (563)690-6678 TDD planning@cityofdubugue.org June 2, 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 District Planned Unit Development Description: To amend the Historic Millwork District Planned Unit Development to allow microbrewery, distillery and winery 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 Mr. Gutierrez, property owner Stuart Mabusth and Brew Master Sean Carter spoke in favor of the request, reviewing the proposed amendment, the operational characteristics of microbreweries, distilleries, and wineries and the potential impacts to surrounding properties. The speakers reviewed that a public forum was held by 7 Hills Brewing Company to allow discussion of the proposed project. Representatives of 7 Hills Brewing Company also reached out individually to surrounding property owners. Mr. Gutierrez indicated that distillery and winery were specifically included in his request to open the door for other business owners with similar business models to come into the district. Mr. Gutierrez pointed out other microbreweries have located in historic districts and have been a positive impact on those historic districts, and that there are sufficient City codes and regulations already established to ensure that a microbrewery, distillery and winery will operate as a good neighbor. The speakers thanked the Commission for their time and requested they recommend the amendment to the Historic Millwork District Planned Unit Development be approved to allow microbrewery, distillery and winery as a permitted use. Staff presented the staff report, reviewing the distinction between a brew pub and microbrewery, and the request by the City Council that the Commission consider the requested amendment to allow microbrewery, winery and distillery as a conditional use, with conditions related to noise and odors. Planning staff reviewed the eight (8) City Code standards for the Zoning Board of Adjustment to grant a conditional use permit. Planning staff reviewed the proposed conditions on noise and odors, noting they were taken from the City Code section on nuisances. Staff noted the applicant's request to amend the PUD is not site-specific, but would apply to listing microbrewery, winery and distillery as a permitted use in the entire district. Service People Integrity Responsibility Innovation Teamwork The Honorable Mayor and City Council Members Page 2 There were several public comments regarding the proposed text amendment, noting that they were in favor of the business locating in the Historic Millwork District, but believe that surrounding property owners, business owners and residents need to have an opportunity to be involved in the planning process. The speakers felt that microbreweries, distilleries and wineries should be listed as a conditional use to foster dialogue between neighbors to ensure compatibility between existing uses and new businesses. The Commission received and filed written comments regarding the original text amendment from Stuart Mabusth and the proposed conditional use text amendment from Gronen Development. The Zoning Advisory Commission discussed the request, reviewing the direction from City Council. Commissioners discussed with the applicant the potential impacts associated with brewing, distilling and winemaking. The Commission discussed potential conditions or requirements that could be attached to a microbrewery, distillery or winery to ensure compatibility with surrounding property. Recommendation By a vote of 5 to 0, the Zoning Advisory Commission recommends that the City Council approve the requested text amendment to the Historic Millwork District to allow microbreweries, wineries and distilleries as a conditional use provided that: 1) Any products or wastes containing odor-producing substances emanating from a building or property associated with a microbrewery, winery or distillery, in such concentrations to create a public nuisance, as established by the City Manager, shall be prohibited; and 2) The operation of a microbrewery, winery or distillery facility shall not cause any loud or excessive noise that result in annoyance or discomfort to a reasonable person. A simple majority vote is needed for the City Council to approve the request as recommended by the Zoning Advisory Commission. A super majority vote is needed for the City Council to eliminate or modify the conditions recommended by the Zoning Advisory Commission. Respectfully submitted, Patrick Norton, Chairperson Zoning Advisory Commission Attachments cc: Maurice Jones, Economic Development Director Service People Integrity Responsibility Innovation Teamwork Dubuque THE MY OF � 1 DUB E MasterpiecePP on the Mississippi XV-2012 •�,� MEMORANDUM May 25, 2016 TO: Zoning Advisory Commission FROM: Kyle Kritz, Associate Planner x1 Y SUBJECT: City Council Referral to Consider as a Conditional Use in the Historic Millwork District PUD: Amendment to allow a micro-brewery, winery and distillery as permitted uses. INTRODUCTION At the May 4,2016 public hearing, the Zoning Advisory Commission heard Mr. Keith Gutierrez's request to amend the Historic Millwork District Planned Unit Development (PUD) district by adding micro-brewery, winery and distillery to the list of permitted uses. By a vote of 5-0 Commissioners approved the request as submitted. The Commission's recommendation was forwarded to the City Council for their May 16, 2016 meeting. Based on public input and City Council members' discussion at the May 16 public hearing, the City Council voted to refer the request back to the Commission. The City Council asked that the Commission consider listing micro-brewery, winery and distillery as conditional uses instead of permitted uses. The City Council said that the conditions should center on the potential impacts of odor and noise. The Zoning Advisory Commission's transmittal and additional public input received and filed at the May 16 City Council meeting on this request are enclosed for your reference. BACKGROUND Currently, a brew pub is allowed as a permitted use in the Historic Millwork District PUD. The Unified Development Code defines brew pub and micro-brewery; there are no definitions for winery or distillery. Brew Pub: 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 ten thousand (10,000) barrels of beer or ale annually. The area, by definition, used for brewing, including bottling and kegging, shall not exceed twenty five percent (25%) of the total floor area of the commercial space. Micro Brewery: 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 ten thousand (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. The Unified Development Code defines Conditional Use as: A use where allowed by the district regulations, that would not be appropriate generally throughout the zoning district without restrictions, but which, if controlled as to number, size, area, location, relationship to the neighborhood or other minimal protective characteristics would not be detrimental to the public health, safety, and general welfare. Conditional Use Permit applications are heard at a public hearing conducted by the Zoning Board of Adjustment. Owners of property within 200 feet of the subject property are notified of the public hearing. No conditional use permit may be granted unless the Board determines on the basis of specific information presented at the public meeting and contained in the application for the proposed use that each of the following Standards for Granting a Conditional Use Permit established in Section 8-5.4 of the Unified Development Code will be met: 1. The proposed conditional use will comply with all applicable regulations of the Unified Development Code, including lot requirements, bulk regulations, use limitations, and all other standards or conditions contained in the provisions authorizing such use. 2. Adequate utility, drainage and other necessary facilities or improvements have been or will be provided. 3. Adequate access roads or entrances and exit drives will be provided and will be designed so as to prevent traffic hazards and to minimize traffic conflicts and congestion in public streets and alleys. 4. The use shall not commence until applicant has provided written evidence that all necessary permits and licenses required for the operation of the conditional use have been obtained. 5. All exterior lighting fixtures are shaded wherever necessary to avoid casting direct light upon any property located in a residential district. 6. The location and size of the conditional use, the nature and intensity of the activities to be involved or conducted in connection with it, the size of the site in relation thereto, and the location of the site with respect to streets giving access to the conditional use, shall be such that it will be in harmony with the appropriate and orderly development of the district and neighborhood in which it is located. 7. The location, nature and height of buildings, structures, walls, and fences on the site and the nature and extent of landscaping and screening on the site shall be such that 2 the use will not reasonably hinder or discourage the appropriate development, use and enjoyment of the adjacent land, buildings and structures. 8. The proposed conditional use will not cause substantial injury to the value of other property in the neighborhood in which it is located and will contribute to and promote the convenience and welfare of the public. DISCUSSION The City Council has asked the Commission to consider adding micro-brewery, winery and distillery to the Historic Millwork District PUD as conditional uses with special conditions to address odors and noise. Staff has prepared an amendment to the Historic Millwork District PUD that is intended to address these concerns as follows: Conditional Uses 20. Micro-brewery, winery and distillery, provided that: 1. Any products or wastes containing odor producing substances emanating from a building or property associated with a micro-brewery, winery or distillery, in such concentrations to create a public nuisance, as established by the city manager, shall be prohibited. 2. The operation of a micro-brewery, winery or distillery facility shall not grind grain and shall not cause any loud and excessive noise that results in annoyance or discomfort to a reasonable person. These conditions are modified versions of existing City Codes that apply to all properties and uses within the City of Dubuque. The first condition is a modification of Chapter 13-2A-5 regarding the discharge of harmful substances and the second condition is based on Chapter 6-5-1 regarding prohibited noises. RECOMMENDATION It is important for the Zoning Advisory Commission to remember that the proposed amendment to the Historic Millwork District PUD is concerned with PUD regulations for allowed uses anywhere within the entire 12-block district boundary (see Exhibit A). The PUD amendment is not focused on any particular site or building in the district. REQUESTED ACTION The City Council has asked the Commission to consider listing a micro-brewery, winery and distillery as a conditional use in the Historic Millwork District PUD and to consider adding conditions regarding noise and odor. Enclosures Prepared by Guy Hemenway, Assistant Planner 3 Zoning Advisory Commission Minutes — June 1, 2016 Page 4 PUBLIC HEARING/AMENDED PUD (Referred by City Council to consider as a conditional use): Application of Keith Gutierrez to amend the Historic Millwork District Planned Unit Development to allow microbrewery, winery and distillery as permitted uses for property located in the Historic Millwork District Planned Unit Development Stuart Mabusth noted that he is a long-term owner of property at 1098 Jackson Street and 250 E. 11 th Street within the Historic Millwork District. He read from a letter that he submitted to the Commission. He discussed previous meetings held with property owners in the HMD and noted the concerns they raised regarding venting, milling, trash disposal and truck deliveries. He said that he and Mr. Gutierrez had addressed the concerns raised by adjacent property owners at the meeting. He noted that 7-Hills Brewing Company held a public forum on Wednesday, May 25, 2016 at the warehouse. He discussed the number of individuals that attended and noted their concerns. He said he had discussions with other businesses that were supportive of the concept of the microbrewery in the district. He said that Mr. Gutierrez said he would like to continue to include wineries and distilleries also in the list of permitted uses in the district. He said that microbreweries have been located in other historic neighborhoods and that they make good neighbors. He asked the Commission to approve the proposed amendment making microbreweries, wineries and distilleries permitted uses in the Historic Millwork District. Nancy Kann and Jeff Morton, representing Gronen Development, 900 Jackson Street, said that they were not in favor of a microbrewery, distillery and winery as a permitted use, but rather as a conditional use, to ensure the compatibility of these uses with others uses permitted in the district. Mr. Morton discussed the distinction between a brew pub and a microbrewery as established in the Unified Development Code. He said that Gronen Development is not necessarily opposed to 7-Hills Brewery, but they feel it would be more appropriate to list it as a conditional use. He discussed other uses within the district that are conditional. He expressed concerns with microbreweries other than 7-Hills that may locate in the district should they be made permitted uses. He discussed specific concerns regarding the maximum brewing volume, the milling process, bulk storage, potential odors, the production waste stream, and the shipping and receiving process. Ms. Kann recommended that microbrewery, distillery and winery be added to the HMD PUD as a conditional use to provide property owners and residents of the area input regarding proposed facilities to foster compatible development within the HMD. Rick Dickinson, Executive Director, Greater Dubuque Development Corporation, said that he supports a microbrewery in the HMD. He said, however, that Greater Dubuque Development Corporation's intent is to find a compromise regarding the concerns raised by the previous speakers. He stated that a microbrewery, distillery, and winery should be made a conditional use within the district. He said that conditions could be established that require 7-Hills to be bound by the floor plan they submitted. He said Zoning Advisory Commission Minutes — June 1, 2016 Page 5 that he felt that microbreweries should have a retail, restaurant or hospitality component. He said there would be no guarantee this would be the case if a microbrewery is listed as a permitted use. Keith Gutierrez reviewed his proposal, and noted that he would agree with the condition that there be a retail component to any microbrewery. He said that he felt microbreweries, distilleries and wineries are otherwise being treated differently than a restaurant. He said that the retail component could simply be a tasting room, bar or restaurant. Sean Carter stated that he is a brew master. He discussed production capacity noting that small brew pubs actually have to brew more often than larger microbreweries. He reviewed the American Brewing Association standards, stating that a large brewery produces up to 6 million barrels per year. He reviewed the size and production volume of regular craft brewers. He discussed the grinding operation, noting that large breweries have large grinders, but microbreweries use grinders that are approximately the size of a window air conditioner and that are in an enclosed room with a fire rated door. He said they produce very little noise and operate only a couple of times a week for approximately 20 minutes each. He discussed the storage of products within the building. He discussed the odor issue, noting that all restaurants vent odors to the outside. He discussed the waste stream from microbrewery facilities. He said that the spent grain is prized by farmers as feed. He said that any kitchen refuse or trash would be disposed of the same way all restaurants do, and he said they would keep the dumpster on the interior of the building. He said that shipping and receiving would be similar to any other restaurants or other commercial entities in the district with trucks bringing supplies. Tim McNamara said that he is in favor of the proposed microbrewery, but said that he believes that additional scrutiny needs to be applied because of the mix of commercial and residential uses in the district. He said that each microbrewery, distillery, and winery could have its own unique operations and a conditional use is the best way to address the potential negative impacts of these uses. Gary Carrier, 1664 Washington Street, spoke in favor of the request. He said that he felt the microbrewery is a good fit for the area and hopes that the Commission can support it. Keith Gutierrez said that he felt that pedestrian safety could be ensured that the delivery times would be limited and coordinated. He said he believes that a microbrewery, distillery and winery are being singled out and treated differently than other uses already permitted in the district. He said many of these uses can produce similar noises, odors and traffic without any further review. He said that he felt that a microbrewery will help bring additional foot traffic to the Historic Millwork District and will Zoning Advisory Commission Minutes — June 1 , 2016 Page 6 help promote existing businesses. He said a microbrewery would be complimentary to other businesses in the district. Commissioner Belmont asked if it was necessary to grind grain on site. Mr. Carter said that yes as it is more cost effective. He described the grinding process, noting that the grinder is relatively small and contained within a room. Staff Member Hemenway noted the receipt of letters from both Mr. Mabush and Gronen Development that he distributed to Commissioners. He presented the staff report, discussed the definitions of a brew pub and a microbrewery as established in the Unified Development Code. He reviewed the request by the City Council is that the Commission consider a proposed text amendment to allow microbrewery, winery and distillery as a conditional use with conditions on noise and odors. He reviewed the eight (8) City Code standards for the Zoning Board of Adjustment to grant a conditional use permit. He reviewed the proposed conditions on noise and odors, noting they were taken from the City Code section on nuisances. He clarified that the request to amend the PUD is not site-specific, but would apply to listing microbreweries, wineries and distilleries as a permitted use in the entire district. The Commission received and filed the letters. Commissioner Belmont thanked everyone in attendance for their input and he discussed potential conditions that could be placed upon a microbrewery. Commissioner Roussell said that she supports a microbrewery as a conditional use, noting that it would be advisable to add a retail component. Commissioner Henschel asked about the Zoning Board of Adjustment's input regarding the conditional use. Staff Member Hemenway noted that some members of the Zoning Board of Adjustment felt that it should be a permitted use and others felt that it should be a conditional use. Commissioner Belmont said that it appears as though the proposed 7-Hills microbrewery facility would not be objectionable, but he said he had concerns with future microbreweries that may generate negative impacts. Commissioners discussed the request and felt that requiring the conditional use process for a microbrewery, distillery and winery in the Historic Millwork District PUD was warranted. Motion by Belmont, seconded by Henschel, to recommend that a microbrewery, distillery, and winery be made a conditional use in the Historic Millwork District Planned Unit Development provided that: 1) any products or wastes containing odor producing substances emanating from the building or property associated with a microbrewery, distillery or winery in such concentrations to create a public nuisance as established by the City Manager shall be prohibited and 2) the operation of a microbrewery, winery or Zoning Advisory Commission Minutes — June 1, 2016 Page 7 distillery facility shall not cause any loud or excessive noise that results in annoyance or discomfort to a reasonable person. Motion was approved by the following vote: Aye — Baumhover, Roussel[, Henschel, Belmont and Norton; Nay— None. ADJOURNMENT: The meeting adjourned at 7:55 p.m. Respectfully submitted, Kyle L. Kritz, Associate Planner Adopted N AI nmi I lll 1 IijIII 11 11 lIl 1 Doc ID 008451630019 Type: GEN Kind: ORDINANCE Recorded: 06/08/2016 at 01:16:57 PM Fee Amt: $97.00 Pape 1 of 19 Dubuque County Iowa John Murphy Recorder File2016-00006966 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. 19-16 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 CONDITIONAL 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 conditional 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. Accessory Uses: The following accessory uses are permitted in the Historic Millwork District PUD: Historic Millwork District PUD Page 4 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. 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. Historic Millwork District PUD Page 5 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. 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 Historic Millwork District PUD Page 6 g. 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). 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. 20. Microbrewery, winery and distillery, provided that: a. Any products or wastes containing odor producing substances emanating from a building or property associated with a microbrewery, winery or distillery, in such concentrations to create a public nuisance, as established by the city manager, shall be prohibited. b. The operation of a microbrewery, winery or distillery facility shall not cause any loud and excessive noise that result in annoyance or discomfort to a reasonable person. 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. Historic Millwork District PUD Page 7 2. A comprehensive sign plan is required as part of the sign permit submittal for all multi -tenant buildings. Free-standing signs in the District PUD shall be monument -style signs. 4. The design of signage shall comply with the Downtown Design Guidelines for signs. Waiver requests from these guidelines shall be reviewed by the Historic Preservation Commission in accordance with the provisions of Article 10 of the Unified Development Code. 5. Variance requests from sign requirements established in Article 15 of the Unified Development Code shall be reviewed by the Zoning Board of Adjustment in accordance with provisions of Article 8 of the Unified Development Code. 6. Off -premise signs are prohibited in the Historic Millwork District PUD. D. Performance Standards. Creation of a viable, equitable, and livable mixed-use neighborhood in the Historic Millwork District PUD that includes residential, retail, office, commercial, and industrial uses requires both strategy and flexibility for its 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 Historic Millwork District PUD Page 8 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 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: Historic Millwork District PUD Page 9 a. Parking structures shall comply with the Downtown Design Guidelines for parking facilities. b. The size and design of parking spaces shall be governed by applicable provisions of the Unified Development Code enforced at the time of development. c. The number, size, design, and location of parking spaces designated for persons with disabilities shall be according to the local, state or federal requirements in effect at the time of development. 4. Site Lighting a. Exterior illumination of site features shall be limited to the illumination of the following: i. Parking areas, driveways and loading facilities. ii. Pedestrian walkway surfaces and entrances to building. iii. Building exterior. b. Location and Design i. All exterior lighting luminaries shall be designed and installed to shield Tight 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. Historic Millwork District PUD Page 10 i. Open space plans are required as part of submittals for site plan review. Such plans are to include type, number and size of proposed plantings, paving and other open space amenities. Open space areas shall be designed in compliance with Downtown Design Guidelines and the Historic Millwork District Master Plan. ii. Within one (1) year following completion of construction, or by the date that a building is issued an occupancy certificate by the Building Services Department of the City of Dubuque, whichever occurs first, required open space amenities shall be installed. 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 Historic Millwork District PUD Page 11 a. Exterior storage is allowed in the Historic Millwork PUD District. Exterior storage areas shall comply with the Downtown Design Guidelines for service areas. b. The use of semi -trailers and/or shipping containers for storage is prohibited. 9. Final site development plans shall be submitted in accordance with provisions of Article 12 and Article 13 of the Unified Development Code prior to construction or expansion of any buildings, free-standing signs, or parking facilities. The Downtown Design Guidelines shall apply to site development in the District PUD, and shall take precedence over the Design Standards for Big Box Retail Uses (over 100,000 square feet) and the Design Standards for Retail Commercial Uses (over 60,000 square feet) and Regional Shopping Centers in Article 13 of the Unified Development Code. 10. Retail uses should be clustered around each other and adjacent to public spaces, such as at the intersection of 10th and Washington Streets, in the Farley & Loetscher and Kirby Buildings along 7th Street, and in a highly visible commercial corridor at the east edge of the District along Elm Street. 11. Land uses should transition from industrial on the south to residential on the north, with new commercial or mixed use buildings along the new block to be created by realigning Elm Street in accordance with the Historic Millwork District Master Plan. E. Other Codes and Regulations 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. Historic Millwork District PUD Page 12 G. Recording A copy of this PUD Ordinance shall be recorded, at the expense of the City of Dubuque, with the Dubuque County Recorder as a permanent record of the conditions accepted as part of this reclassification approval. This ordinance shall be binding upon the undersigned and his/her heirs, successors and assigns. Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 3. The foregoing amendment shall take effect upon publication, as provided by law. Passed, approved and adopted this 6th day of June 16. Attest: Kevin Fiv stahl, City Clerk Ric W. Jones, or Pro -Tem EXHIBIT A Historic Millwork District PUD Legend Historic Millwork District PUD Base Data Provided by Dubuque County GIS EXHIBIT B Sa Development Summary 1 ,11 11-0, / Rehabilitation and New Construction Existing Buildings:Rehabilitation Ground Floor Uses I 1 I Retail Residential Parking Flexible • t I 1 t 0 approximately 97,000 sI retail/ restaurant 0 approximately 10,000 sf retail/ restaurant CUNINGUAM 1 11 1 t- Sidewalks riPlazas and Plaza Streets 1-1 Courtyards/ Passages Stormwater Feature/Sculpture Park COWIN 611 A 61 IIPC)0F. ri On street Structure LI Surface Lot In Building Type on street structure surface lot in building North Central South TOTAL 111 193 79 383 0 200 344 544 48 26 263 337 165 421 0 586 324 840 686 1850 CUNitir.ifill 11 c, 0 k• 4 Type of Investment piExisting Streets: Full Reconstruction New Streets and New Right -of -Way Streetscape Improvements Only Jackson Street: Partial Reconstruction I I Type of Street I I Green Street with Linear Stormwater Planters Green Streets with Stormwater Planters In Curb Extensions Plaza Street Jackson Street I wit, .1 STATE OF IOWA CERTIFICATE of the CITY CLERK ) 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. 19-16 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 7th day of June, 2016. Kevin . Firnstahl, CMC, City Clerk (5/26/2016) Laura Carstens Re: Millwork District Zoning Page 1 From: Mike Van Milligen To: Huguelet, Jerry CC: Brumwell, Crenna; Carstens, Laura; City Council Members; Firnstahl, K... Date: 5/16/2016 5:04 PM Subject: Re: Millwork District Zoning Attachments: Millwork District Zoning-Council Letter .pdf I will see that the letter gets to the City Clerk. Michael C. Van Milligen Dubuque City Manager City of Dubuque 50 West 13th Street Dubuque, Iowa 52001 Telephone: 563-589-4110 Fax: 563-589-4149 www.cityofdubuque.org Dubuque: Masterpiece on the Mississippi P Before printing this e-mail, please determine if it is truly necessary >>> Jerry Huguelet<ierrvh(a).gronenproperties.com> 5/16/2016 4:40 PM >>> Hello Dubuque City Council, Attached is a letter concerning one of the agenda items for tonight's City Council meeting. We greatly appreciate your consideration. Please feel free to contact John Gronen with any questions at 563-213-0013. Thank you, Jerry Huguelet Project Development Assistant [1458679507152_Pastedlmage] 900 Jackson St., Suite LL2 Dubuque, IA 52001 Office: 563-557-7010 ext. 309 Cell: 563-564-7658 Click https://www.mailcontrol.com/sr/N W DftLByJ5nGX2PQPOmvUrwS+HatiSAf349fl n RDNoN kRKI)tYrYd3bwivi 3YOfTPP19Yhsg8D7mDL!bKPtQR4w== to report this email as spam. i I I I i Ironen development 900 Jackson Street,Suite U-2, Dubuque, [A 52001 gronenproperties.com info@gronenproperties.com 563.557.7010 15 May 2016 Dubuque City Council City Hall 50 W 13th Street Dubuque, ]A 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 and 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 how 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 provides 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, Jn N. Gronen President Gronen Development, Inc. Odep ,,ronen uelopmew 900 Jackson Street, Suite U-2, Dubuque,[A 52001 gronenproperties.corn info@gronenproperties.com e 563.557.7010 31 May 2016 Zoning Advisory Commission MAY 31 2016 D Planning Services Department City Hall 50 W 13th Street PLANNING SERVICES DEPARTMENT Dubuque, IA 52001 Dear Zoning Advisory Commission, 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 have always welcomed a brewpub, as defined in the City's Unified Development Code, as we appreciate how this can add to the vibrancy of the area. However, per the UDC definition, a microbrewery has potential for being completely devoted to production and could therefore have negative impact on neighboring properties. So rather than adding microbreweries, wineries, and distilleries to 'Principal permitted uses,"we would recommend that this be added to "Conditional uses"for the Historic Millwork District PUD, 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 produce additional delivery traffic, trash/waste and unpleasant odors requiring building exhaust to the environment. We know that these issues will have adverse effects on existing occupied buildings in the Millwork District if not property planned and through. 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 rehabilitation project that would transform into 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 how they may be implemented with the least impact to the neighborhood environment. Consider the fact that many Dubuque residents currently call the Millwork District home and without this type of careful oversight and open discussion in the planning process, future residential development could be negatively affected. 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, wineries and distilleries provides the District Stakeholders, the City and the community an opportunity and a vehicle to evaluate these new operations to ensure that they will not have a negative impact on the district. The goal is to enjoy continued harmonious development for all businesses and residents. We've met with Stuart Mabusth, building owner. As well, Keith and his partners held an open house to present their plans and we appreciate the dialogue. Now we need to work through the process, coordinate and plan specific access, specific systems and methods on dealing with mitigation and any other items. Thank you for considering our concerns. If you have any questions, please feel free to contact me. Sincerely, Jn N. Gronen President Gronen Development, Inc. June 15t, 2016 D Zoning Advisory Commission JUNv 111 2016 D Planning Services Department City Hall 50 W 13th Street CITY OF DUBUQUE PLANNING SERVICES DEPARTMENT Dear Zoning Advisory Commission, This letter is in regards to the request by Keith Gutierrez to amend the Historic Millwork District Planned Unit Development District PUD to include"microbrewery,winery,and distillery"as a permitted use. My name is Stuart Mabusth (May-bust),and my wife Mary and I bought properties in the Millwork District back in 2006 when the district was in its infancy. We are long time investors in the district and have put much of our own personal financial resources over the last 10 years into maintaining and improving both of the following properties: 1098 Jackson Street (office building) • 250 E 111h Street (warehouse) These building are critical to the architecture and history of the district and we are continuing to invest in order to bring these properties to their full potential. Mr. Keith Gutierrez from 7 Hills Brewing Company has been interested for several years in the architecture, location,and size of the warehouse at 250 E 111h street and has seen it as an ideal place to open a new microbrewery. We are in the last steps of negotiating a lease to move forward with this very exciting project and endeavor in the district. Upon becoming aware of concerns about the presence of a microbrewery raised at the last City Council meeting on Wednesday, May 16th,we have been reaching out to the millwork district property owners, general public,and nearby business owners to insure we obtain a comprehensive understanding of all concerns that may need to be addressed regarding a microbrewery's presence in the district. As a byproduct of that effort, I would like to communicate the following information to the Zoning Board as they consider all of the information being presented: 1. Stuart Mabusth met with John Gronen, Bob Johnson,Tim Macnamara, Nancy Kann, and Jeff Morten on Monday, May 23rd to discuss concerns about a microbrewery being a permitted use. The primary concerns centered on smells, noise,garbage,and deliveries. The following solutions were discussed: a. Require optimal venting of the brew tanks to minimize impact to the Voices building and surrounding properties b. No milling device outside the building that would create excessive noise c. Garbage being kept within the building until scheduled pick ups d. Deliveries being scheduled during early morning or late evenings as much as possible,to not cause undue traffic burden. Deliveries to not cause burden on a proposed pedestrian walk way in the adjacent alley way I informed the property owners that I would be including stipulations in the Tenant's lease to insure that these concerns are handled in an appropriate manner. These lease modifications have already been addressed and agreed to by Mr.Gutierrez. At this meeting, property owners reviewed the building design layout for the 7 Hills microbrewery. They were positive to see that the design was retail focused and centered on the seating, bar, kitchen, and stage for musical performance. There was less concern that the microbrewery's primary focus was about production and distribution of beer. 2. A public forum was held by 7 Hills Brewing Company on Wednesday, May 25th from 5:00 to 7:00 PM at the warehouse at 250 E 11th street to allow property owners, residents, and nearby business owners a chance to discuss the project directly with the 7 Hill team and share any comments and concerns. The following is a summary of the event: • Upwards of 40 attendees including business owners, residents,and nearby property owners attended the event. The 7 Hills team presented the design layout for the microbrewery and discussed theirvision of how they fit into the district as a business • A primary concern discussed was in regards to potential heavy traffic impact due to delivery and pickup from beer distribution. A representative from 7G Distribution was in attendance and reassured attendees that beer pickups would not amount to more than 2 to 3 small truck or van trips per week. No large semi deliveries would be involved. Small trucks or vans may actually be able to pull directly into the warehouse and therefore would create almost no congestion at all • Odors and venting from the warehouse were discussed. The 7 Hills Brew Master,Sean Carter, discussed that the actual release of odor from the brewing process would only occur for a few hours,and a few times a week. If the tanks are maintained and cleaned per standard procedures,then the odor would be somewhat similar to the smells from a bakery • No other major concerns were brought up during the public forum,and the rest of the input was very positive and encouraging about the presence of a microbrewery in the district 3. Conversations we've had with various businesses and organizations have been very supportive of the idea of bringing a microbrewery into the district,as well as a winery or distillery.Some of the support has come from representatives that were part of the vision and strategy that conceived the original Millwork District PUD. These representatives also expressed concern that the requested amendment was having this kind of push back. They felt that microbrewery, winery,and distillery should have been included in the original PUD, and were surprised they had not been. Additionally,they felt microbrewery,winery, and distillery were within the original vision and spirit of permitted uses within the district 4. Mr. Gutierrez has stated various times that he specifically included winery and distillery in his request because he wants to open up the door for other business owners with similar business models to come to the district. As an example, Mr. Gutierrez has been actively trying to encourage a local distillery to relocate to the district. We are concerned that conditional use will discourage these types of efforts going forward. We feel this will constrict the districts' opportunities for new business, as it assumes the need for additional oversight. Oversight that may be perceived as unnecessary and targeted. This could push potential business owners to select another district within the city, or take their business to another city without such restrictions. 5. Microbreweries have located in historical districts in many different cities. We have primarily heard only positive and beneficial impact occurring.They are known to be sought out destinations,and people are willing to travel a fair distance to experience what a microbrewery has to offer. This will bring additional stimulus to local businesses such as hotels and restaurants and to the district overall. The Millwork District is an ideal location for a microbrewery,and the warehouse at 250 E 11th Street is well suited due to its high ceilings and open design,and overall ability to accommodate such a business. The warehouse is not well suited for conversion to office space, standard retail (due to its size) or residential as other possible alternatives. We believe it is in the best interest of all the stakeholders in the district to proceed with the original zoning amendment to the PUD as requested by Mr. Gutierrez. This is the correct message to send to all potential local or outside business owners that want to bring a microbrewery,winery,or distillery into the district. These types of businesses should be able to proceed without unnecessary conditions that do not represent good faith and a general framework of openness that is offered to other businesses operating in the district. We believe that current city codes,ordinances,and laws already in place provide all the necessary process, review,and approvals required to insure that a business operating as a microbrewery,winery, or distillery will operate as good neighbor and conduct their business in an appropriate manner. We already have a distillery and a winery operating within the City of Dubuque as a permitted use. At this time we have not heard any negative issues because the conditional use process was not in place. Thank you for your time and consideration to approve the request to amend the Millwork District PUD to include microbrewery,winery,and distillery as permitted use. Respectfully, Ytt" M4 Stuart Mabusth cc: Keith Gutierrez i NWlrl t NTzY Washington St r Imo— r 9 _1 d — _ — 41- 12, -r, '❑ _--. _. I���. '; North IT 7 Mills Brewery-Dubuque,IA NTS Prelimbary- NO br conalrvcHon i` Sua dramabfc byr 8.oMoobuld 06-1 Inc. - Anwn Dy:6.Golombeskl OS-16-16 T- Alley u Oyu^ Ill I 1 1 I: IAMi . 1 AA 7 Hills Brewery-Dubuque,IA Nrs Prtllmin,-Not tar aot&U'fl" 9ueo,.ble NelgM1borbooE Motto Inc. - '� Enron by:B.Golombuk 05-16-16 ho+ Strewn a � t Mali 1 ' f 7 Hills Brewery-Dubuque,IA Q xis Fill I�I ��I )y PmIlmlxery�N@Nr wwlr cffm I L SunhinWb NnlghkAw4 Bulli lrm. Gewn Uy:B.GolonWxd 0546-i6 _I 'i4v th��flr3 I ,01 b T r W yw � v ynt[L4nwl I n* 7 Hills Brewery-Dubuque,IA NTS PrellminarybcHun SuxfaNciorhW 9Yi[4,d,.- R.SWWmbex105-6In16 s t ' ✓✓'R"�Z ZQ✓Ilh' 14 ' Kl�cHeni_ naf 41 7 show„ i k it „lae f x. M1�rr t 1 :r 1t 7 Hills Brewery Dubuque,IA �!. f,�tin t;• N �- mnary NaHnztru armgIo lon Su#a ableable Lawn Nefghborhood k b':B.6Ma.bn,i OS-16 1 S-161 6 Planning Services Department Dubuque City Hall i THE CITY os 50 West 13th Street L i couNciL etamekaarr DuB E Dubuque,IA 52001-4864 I I I r IL.J� (563)589-4210 phone �f-oz � Lf}C ��` 111 (563)5894221 fax ( {{1 (S71!'✓ C[ �'UtSGS� mr•s,:•Wil Masterpiece on the Mississippi (563)690-6678 TDD planning@cityofdubuaue.org �� 1 AsE_xnCb;M(SuJ A,5 POSSI&,- May 10, 2016 The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 13th Street Dubuque IA 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 -n-�c crcr of City of Dubuque DUB ., Planning Services Department Dubuque, IA 52001-4805 Masterpiece on tine Mississippi Phone: 563-589-4210 Fax: 563-589-4221 plannincl( cityofdubuoue oro 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 leaibly 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 City:Dubuque State: lA Zip:52001 Fax#: Cell #; E-mail: cosmognosis@hotmail.com Site location/address:TBD Neighborhood Association: N/A PUD-PC PUD-PC Historic Millwork Existing zoning: Proposed zoning: District: Landmark: ❑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: Applicant/Agent: Keith Gutierrez, 7 Hills Brewing Co. Date: 4-8-16 FOR OFFICE USE ONLY-APPLICATION SUBMITTAL CH CKLIST Fee: $63'00 Received by: Date: _`n83�ocket: i HE CITY OF DU s UE MEMORANDUM April 27, 2016 TO: Zoning Advisory Commission FROM: Guy Hemenway, Assistant Planner6;� 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: 50 W. 13th St., City Hall Telephone: 589-4210 Return to: Kevin Firnstahl, City Clerk, Address: City Hall- 50 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 11th Street should transition in scale from the Washington Neighborhood to the District PUD. C. Sign Regulations. 1. The number, size and location of signs in the Historic Millwork District PUD shall be regulated in accordance with Exhibit C and all other applicable regulations of Article 15 of the Unified Development Code. 2. A comprehensive sign plan is required as part of the sign permit submittal for all multi-tenant buildings. 3. Free-standing signs in the District PUD shall be monument-style signs. 4. The design of signage shall comply with the Downtown Design Guidelines for signs. Waiver requests from these guidelines shall be reviewed by the Historic Preservation Commission in 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: L 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 EXHIBIT A Historic Millwork District PUD � AFCT- o r. � 4 WE a Sm Legend 5 ` Historic Millwork District PUD - ®PUD N Base Data Provided by Dubuque County GIS Exhlbft 5.OaWopment Summary Land Use Development Patterns Rehabilitation and New Construction Ground Floor Uses � r f 6 S i ' E,r 1 f .6 �,•• 1 M,1 t , F A't t i �7 t �'1 ' yN t?� �j�tL"�r+�a�-i t � } ;� ry'.•'e � � t��2Q ��` �' ' �r�r I t trIj',-1 - t 4 ��,1 � � qY,l}est , t� � � ,•L � � w .Air I If h r! r jb?t t � tri t sig Existing Buildings;Rehabilitation Retail 10approxima[e1y 97,000sf retaiU O New Construction , Residential restaurant O Parking a approximately to,uoosf retail/ restaurant Flexible •F- CUNINGHAM e a b u 1 ronen development 'll Jackson StreetDubuque, 11 I - III• Iinfo@gronenproperfies.com563.557.7010 4 May 2016 Zoning Advisory Commission Planning Services Department City Hall 50 W 131h 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. 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 26, 2016, and for which the charge is $17.79. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this ,.,771eA day of , 20 /4" . CITY OF DUBUQUE, IOWA OFFICIAL: NOTICE NOTICE IS HEREBY GIVEN that the Dubu-il que City Council will conduct a public hear- ing at ;a meeting to commence at 6:30 p.m. on Monday, June 6, 2016, in the. Historic Federal Building Coun- cil 'Chambers (second floor), 350 ' West 6th', Street, Dubuque, on the following: AMEND PUD Request by Keith Gutierrez to amend the Historic Millwork Dis- trict Planned Unit De- velopment (PUD) toal-' low microbrewery, winery and distillery as permitted uses. Written comments re- garding the above pub- lic - hearings ;; may be submitted to the City Clerk's Office 50 W. 1311 St ; ,Dubuque;°MALL 52001, ctyclerk@cityof dubuque.org on or be- fore said time of public hearing. At said time and place of public hearings all interested citizens and parties will be given an oppor- tunity to be heard for or against said actions. Copies of supporting documents for the pub- lic hearings are on file I in the City Clerk's Of- fice and may be "I viewed during regular I working hours. I Any visual or hearing impaired persons needing special assis- tance or persons with otary Public in and for Dubuque County, Iowa. special accessibility needs should contact 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 , 1t 5/26 MARY K, WESTERMEYER Commission Number 154885 My Comm, Exp. FES, 1, 2017 STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: June 10, 2016, and for which the charge is $196.08. Subscribed to before me < Notary Public in and for Dubuque County, Iowa, this / day of � , , 20 . dir /� otary Public in and for DubuggCounty, Iowa. MARY K. WESTERMEYER CommIss°on Number 154885 My Comr Exp. FEB. 1, 2017 3 Vehicle rental. : ' :-. -. strittion on the blocks 44cOrstri)Ctigh'.;sLg-J.";'hetWeen • 12th Street.. p! i01gp,.-AtIcl-:§,_91:Vise0,, anpi.i11:tolitil:81ntcI6datilbSh.:4601i11ld 1.11 :':....-,.„5-,,,gentracto shop or ..-; ttri4o5...„ -. e Washingt0r141Agh,,,..j 6 Wil'Y.4t44.k.':,,';::1":-:',.:-...4'•":-: fit- 'El lipolOi'•':; :0.!05a19,a19‘..CI'biIgithg'"-Di '-'.1-:::,' fiyVa:.•f:i!,A,--1.:,,t,,p-.-„ , -:-..,.;,.‘,....i.,1 i, -I ';ti.' 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BE . wci„.,.1.6v,,eis.;;-,,,,,Iiiitf,7'.--. cooks .cordanCe with.r.the,;drg- IT ORDAINED...13Y THE - CITY COUNCIL THE r1e9rtgill4;;'i-8.;eS9cligarIftrtilif%l-ci,,:il'.;';':" tYhiseill11,sh:':diffie: "dt...!PDI;VIe0lopcif- : CITy,c),F-!DUBUOLIE, 10- • or .,°.... striittientSri-,,,titthede c. - ment Code vvP-"-vs.:;;:-',:' ..: .-'''.- .-.•-,.- .:-' . etidn.4,1-114tIi:oe or ;medibakadplianCeS; ' -,5, -Vdriance''reqdests • 'OS6' 16ilie:..„(jrufl8d.-:6,-ei_ signs - rbilibbards..-..; - - from!sign.requirements . 15?,;;-NlaritifaCturing,- . establishetC:10 , Article . altiliikilf..:Dnde7:-.nt the CityOVOUbdqUe.Cpcle omOotinding,.-"i'assern. - ".15.0f; the- Unkfied.D-evek - ;Iji:Or 'treatrtientOf er--: . opment Code, shall - be :' of...Ordiriartes.• is here- ..,-ticles or - products from ' reviewed by the Zoning rpseindlriGy(linance„ bY-'• : amended- by ..the • folloWing:::sObStan, " BoarCref:AdjUttinent in .,,!„,- . 7545,...,,woloti.:„..0to‘tioq,.: . ces clothing or tex 4900014004-.wittt:proS.117.. tileg';-:J.NDDee,;:gpifeetOus:_' sAltis].0f.Arbele;.A,*,#)0 teopoio0;_fo,,iarp16hi • -..0.ge-iii)*"plop$:,,stones,":;;:t.lnifled:::.DevelopMent ned::Onit.:DeveloPment "-, Districtwith aPlannedor metals :WooC4'..'.Plas..,-Qede. ' .-.: '" :•-• .... .:::":::',--: .: --..... coon.,100141.qpisti,..41t„,;....tiOS;P413err le4therkif:.;:;-,..--:;6; Off,prei-nie::sign in the ber:',:4-glaSS{';'•frol-*a,c,,J:,late :proilibiteci:i: designaticinter,the.HiS:::::„,!.rnetaWebliefelefeatWi6.."::HiStOric' Mill,WOrk ,l))s.... tOrtO.MilIWOrIQ,,D StriCti.:-dtirlorrebikt::"aniltel:,:::::triet PuD:':':::•': ' ' -'. 7 :-' - ,: Arierna*Ele.iri0nOOd'' ., edt-toiouji.0-6-micro- lulOid orcellnloSe prOck':- D. .,', Performance ---.,---y...- 3-. orow.gry,:. winery and . -ligtS,';- lir .,-;',,-;:::j" ;,- --!.., ..;;.-:!•.-;-,:,,, Standards....; 16., District ; energy ,.., Creation ;,'of --a •-viable; • distillery-dS•Cenditional .-syStem- -.',.-- ""---'.--;_;:',..-::•_,,,.';',-;,,.."....equitable, and livable; usesr.,:f.'; •;', r,"•-.•., .!.;., ' '.''-'• ' 17/ 'Prrivate-?4 energy :' --Mixed-use ':::-..-neighbor, All real'61-Odetty -gen,- erelly.t6Oatecl8ol-411'iof generation facility. hood hood; in the Historic. 18 Exterier,StOrage.,_,;:-•;i'c;MillWotk.',.DistrictPUD 1:2t1i1,-trget',:.,-....eaSt.':of..-. . '---- 19.LleenSed;'. -child.: that inclUdes•,:ireSkien,:. - .. White/Street andr-.West .:., care centers provided '::ttial,,YetalL'..offilte,-eilm-,- :. gt Highway ::01/41.:_:::as. ' ':'.th!..iiki 0:: ..:::!-',-,..: •--':-.'::,:,:-.:::.rnerCial,:,-and,..lnduStrial • bibbligbted.','-.10-:-.Exhibit-. -'-6.§u6-raafi-igliall;":11Ses?-,..•;-.;•rPOPites? Hboth A,sandAtithe-e-entdrline ,...,.,. .1 of :to,„wginto ,ociplic...,Sti419`.-loading and un sfratogsi-, and --.-Nexibilltsi. :19149f;-)Aa9il:-:-411:,1-6..''-if"6:',..L'-'-'66;intl;s:,6pst(Oej loading' spaces so as,-.,:: for,. ItS.:. '.SuStainability-,-- Miibliew:::-.',..-The-.-."-cleVelpprnent--;and: !, p.ity:of.:puboque, loyya-,,,:,.. Stk:eets,oe-urete---,--(1iffie':':1--:i-bairitenence ;Of;Lses•in. ;.. iftlit.illoa,:fe0:17,0Pw9 juolgaitricoonvel; ,,..:.,.1.,?..,:iiis.::,f,ntlr[IaKard§;:,:A:: .-",_":":-..:!the ,,-;Itil:_tunifjdin,,i,;0791w,liw„ior: .00ps,shall:Apply....,t0:41,.. , AVIiCengeS:!,'haV0.....DIStri,ct,P l3icoincepilii,i-.,._ :-.,,:jibeh:41s$Oe,:li ,,', itifljtave04W, , 6.eg:?,,:lia'cki'ixiti0411-i-g,::-.., eeli4400"liellz:J66:-_':-a-liCK.,Vgbei,IP objectives and the.-'''-qrabh,V,e).:tlesofitied.,..,fe.-,,,:iw- itiiie„trie:•:.6,llf...,:-:reCOMMentlatlons....cif, P.C;;1.•Plarined";0001Mgr?-4;-,:!-6woo#4,:thotted,g,de.?,tri*:, Hi tio110,1,.4j 1 10,* " - _ -, --- :,: -- . . - _ . 7 . - - - - --. • Ciaj:DiStriOti.,-.;„;.• •.::..,. - .!; ;..;:, eisioriV.and'in'?-k-,;V!•:.•.!'&: Districtt,m5tpr,EON .;---Piitiplool,!.Fieititift.., ,-,.b,;:,&.ibti-i.6eihait.litit: ': itioOttr4todiPr.9),11:PY- • : uiei4J116:41b31164frid - '4;'elO:Cateet •kil:fh)6-.1j1-k--::„:..MferencY,44-:96,f110iti ; • useS-:•:are,"-derrnitted in ; -- "• the...,:Historic--.; Millwork e structureas:- any the Planning ,Sevioe4 , pus:-:•-etation,; bar/tav•-•- 'Department, The level District PUD '...;..:-...-."-,,•:...- .' .,.- 1,....r140. religious:9f,ern,-l. 'J'..:nutofn'ntedgas. opment and :Mninte4 botot,oi....a6111b-is,;,.„;:, station or any facility I --•tianceV of uses in ,,the Selling-,-:" servicing,- . ie-,.':!-''.Histo-it jci,ilillilvirci'irpl'iodi,TJ. .?.;:publid,---.01-iva.te or pairing On:renting .-ye..;. -- tri t parochial school • ap-', ;/iideg,.!,..-::.:,"..,,...,-,..t.. il.,,„ ,::-.::,. ::::lated-as:".follOWs:,-;' prOVed•-by- State - of lo- ,- -,. .., ,d.:The:Cendition,al.,llse : H'. 1. -Conoeptol. poyeti wk (IcAZY. '...-..:.:: ...1.`: -._'.::-.'-aridliCariertifies' that - opment Plan'.....:;: ',.-.3.`:public :�ri;privatO': •., park,:.900..coui.s• .,,, or ; the premises on which , , a.Rgf.0,teridec4.hPreli.1 similar natural ,,..„9,7..;.;,;;;,tli -ilieghe'd ' child' care' ":as'-- Section': 5• 00Y03.Pt. Cei.;;Ler;--Will be, lO6ated-, .rnent:, sommory,os,,the tion,area.::::.,,:--:;...;.:.',::::::,-',,,..:.4:::'---,---::66).;:mii4,Wth,.:-dro:mil - ': -HItOi_tc,,1011.1,Nort.:!,pl:s...,. --_,'Ckaiffpa4'1.ap0;•Ptilpo;;.:fdf;14-srv:,Iorig-;-4k'•trie.- lk i..•.trigt;;MartOr,-"PJ4•-and Or.::',01049-1)0:'')41Vi.::::.'voi§d.,_:dhild -.'daed`..-t011- • ShoWrign EXhibit-13::' on • , 11-1.0...!Rijoclirli,t Toi-liAt.;;4tioPc,,t.'7.,,,9,„:.T:tetiSWlocated ;''.g 0 ri:'• 't file:10''4'44e•,t Planning : _..6:.„Fi0010.glott,e:„efo,-.,...„,:...-tinid'iPCOltitilY-With..all.':, "ser.V)ceS:::.:D011artql.0.0V, 01YandpersenSwith .:..,.:1deal?tat'and':federal - lard.:M4(16:!4040.1.31:11.: . - .:::- '. . - disabilities (nOt"identi, ....041.416ris -0.''°0106- zoning reClassifieation fiectwith (5) above);,,,:- ...., hazardous substances by 'reference..4" the 7,..,Noilcor.o.mefaio.;4r.t.ii;;; hazardous - - toriclitionS,,Con.cedtilal;;;:i-PeYgli?.P-', i 9allOrY,'':,.--"'-';.:'!.-:: -_ -.'..-..-- „.. hazardouswastes,-and :--1-rie!.4.PIP:tor.!hg.74.:, 0.'.--...1r...40s-..eum,.,?r,:..-/16,..a..„r. :.y.....:;.,:l.s.'-.,-"•-i:.Srn..:l41.-.)4.:ttitus materials #...rio,..-..:.......'4.,,.-..-,14..4or.'',.k.D;;.,.i,,.si.: r let 9 Schtolef-privatein'7'pthe:3Piic61ie;.1P:, stoetlOn.,,.to the recognized that J:PriYate.clun,iof tor d r1-deieral:Ofee0te,sunerfundAmenq;?35"96e,?I'a)44Medip41,6Iee64Vit'4fereaCtitkiA7"Kui3faT c11ii, T'.i4troi.w6fI0:0k,.1f6e§atjadc6,pt_ ifp00).,.09d.A)r4r44ed4t,47bat'1b)n,W1lh, the need to lab.gei.m6t:pi.deqjiteVorkable • ' -- 4=..•,-6,4-i:;...,.... ,.•.....;:.,-; quality of environmen- entrances to a electric, telephone, ca- tal design. The follow- screened trash area ble, or other similar . ing provisions shall ap- shall be provided with utility lines serving the the -Historic Millworkktate or door of Simi- building and other site District PUD subject • )::013e'n' space plans lar design to that of the features shalt be locat- City. 'Council review ; are required ;as, part of sereen, ' , - ed underground,,Where and • the following • submittals for'site Plan c Exterior trash 'col- feasible. standards: . review:: Such plans;arelectfori , areas shall 2. These regulations a. Parking structures to include type, nun), contly with the,Dovvn- do not relieve the own - shall comply with the ber and , size of pre- town Design Guidelines er ,from other applica- Downtown Design posed plantings, pav-- for service areas; ble city, county, state Guidelines for parking ing and other: open, .8. Exterior Storage, or:federal codes, regu- facilities. . • space amenities. :Open a. Ekterior, storage is -.1ations, laws and other I3..The size and design space , areaS shall be -alloWed in the Historic controlgl-elative to the of parking spaces shail, designed in compli- Millwork PUD District. planning; construction, be governed by apPlil ance with Downtown Exterior storage areas operation and manage- cable provisionS of the. Design Guidelines shall • comply witli-t.he !Tient of property with- \ Unified:, „Development :the. Historic Millwork DoWntown.,Design . in the city of Dubuque. , Code enforced at the District Master Plan. , GUidelMes ' for' service F Transfer, of Own- time of development. ' IL Within one (1)` year areas. . • ership c. The number, size, following completion b. The use of semi- Transfer of ownership design, and location of of construction, or by trailers ;and/or'. ship- or lease of prOperty in parking spaces ' desig- the date that a building dirt containers for the "HistOric Millwork nated for persons with is issued an occupancy storage is drohibited. District PUD shall in - disabilities shall be ac- certificate by the Build- 9. .Final site develop 2 elude in the transfer or cording to the local, ing Services Depart- Ment plans 'shall be lease agreement a pro- state or federal. re- ment of the Cit).of Du- submitted 'in -accord- vision 'that the • pur: quirements in effect at buque, whichever oc- ance with dro,visions of chaser or lessee ac the time of develop- curs , first, requited Artidle 12 and Article knowledges awareness rnent.' ; • •open space amenities 13 of the Urufied Devel-, of the conditions- au - 4. Site Lighting shall be installed. opment ;Code. prior to thorizing the establish - a. ;Exterior illumina- 6. StOrmwater Man- construction oexpan- Ment of;the District tion of site features agement • . sion of any buildings, shall be. limited .to the , . The developer shall free-standing signs, or; G:Recording,, illumination of the fol- be; responsible ;for pro- parking facilities. The A copy of this pup , lowing: viding • - stormwater 'Downtown Design dinance ' shall' - be: re- ,.; • Parking areas, management in ,a. Guidelines shall apply corded:at the expense clrivewaVs and loading means that is satisfac- to site development in of the City, of)Dubuque, facilities. , tory to the City Engi- the Distribt PUD, "and • with -'the DubUque; • 0. Pedestrian walk- neer and Consistent shall' take ' precedence County ReCcirder, as -a way , surfaces and en- with the Historic Mill- overthe Design Stand- permanent; record of, tences to building. , work District Master ards' for Big Box Retail . the conditions accept-, hi: Building eiterior. Plan. Sustainable, low Uses (over' , 100,000 ed as part btthiS re- • b. ,Location and De- • impact development square, feet): and. the classification approval.' techniques for storm- ' ,Design ,Standards for This ordinance shall be sign , I. All exterior lighting water management ap- Retail Commercial binding upon the un - luminaries shall be de- proved by the City En- Uses (over 60,000 dersigned and his/her signed and installed to gineer will ,be used square feet) and Re- heirs, successors and shield light from the lu- where feasible. Other gional Shopping Cen- assigns. minaries at angles applicable regulations ters in Article 13 of the Section 2. The forego - above 72 -degrees from . also enforced by the Unified Development ing amendment has vertical. City Engineer relative Code. , • , heretofore been' te- n. Fixtures' mounted to stormwater man- 10. Retail uses should viewed by the Zoning on a building shall not agement and drainage be clustered_ around Advisory C6mmission be positioned higher shall apply to the sub- each other and adja of the City of,Dubyque, • than the roofline of the ject property. cent to public spaces, Iowa. ' ' • building. , 7. Exterior Trash Col- such as at the intersec- Section 3. The -forego - 01. All electrical serv- lection Areas tion of 10th and Wash- ing: amendment shall ice lines to posts and a, The storage, of ington Streets, in the take effect upon publi- fixtures shall be under- trash and debris shall Farley & Loetscher and cation, as provided by ground and concealed be limited to that pro- Kirby Buildings along law. inside the posts. duced by the principal 718 Street, and in a Passed, approved and iv. The design of exte- permitted use and ac- highly visible comer- adopted this 6th day of rior lighting luminaries • cessory uses of the lot. sial corridor at the east June, 2016. , shall comply with the b. All, exterior trash edge of the District /s/Ric W. Jones, Downtown Design collection areas and along Elm Street. Mayor Pro -Tem Guidelines for signs. the materials con- 11. Land uses should Attest:is/Kevin Waiver 'requests from tained therein shall be transition from Indus- Firnstahl, City Clerk these guidelines shall ' visually screened from trial on the south to Published officially in be reviewed by the His- view. The screening residential on the the Telegraph Herald toric Preservation shall be completely north, with new corn-. newspaper on the 10th Commission in accord- opaque fence, wall or mercial or mixed use day of June, 2016. ance with the provi- other feature not ex- buildings along the /s/Kevin S. Firnstahl, sions. of Article 10 of seeding a height of 10 new block to be creat- CMC, City Clerk the Unified Develop- feet measured from ed by realigning Elm 1t6/10 ment Code. , the ground level out- Street in accordance 5. Open Space side the line of the with the Historic Mill - It is the intent of screen. Screens built work District Master• these regulations that on•sloping,grades shall Plan. the development of be stepped so that E. Other Codes and open spaces (if provid- their top line shall be Regulations ed) shall reflect a high horizontal. All exterior 1. Service Lines. 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