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Zoning Port of Dbq to PUD etcCITY OF DUBUQUE, IOWA MEMORANDUM April 12, 2002 TO: FROM: SUBJECT: The Honorable Mayor and City'Council Members Michael C. Van Milligen, City Manager Port of Dubuque PUD The proposed zoning for the Port of Dubuque to a Planned Unit Development (PUD) District is scheduled for a public hearing at your April 15 meeting (public hearing #7). The PUD for the Port of Dubuque is divided into two zones. Zone A is the north port area, encompassing the 4th Street Peninsula with the exception of the Adams Company. The Adams Company and the south port area are in Zone B. The Zoning Advisory Commission has recommended that the Port of Dubuque PUD take effect in two parts: Zone A now, and Zone B five years from now. A simple majority vote is needed for the City Council to approve this recommendation. A three-quarter majority vote is needed to remove the Commission's recommendation. Under the PUD, the regulations for Zone A are limited to lists of permitted uses and prohibited uses. Development in Zone A is governed not by zoning, but rather by the Port of Dubuque Master Plan and design standards adopted by the City Council on March 4, 2002. The design standards are part of the Ice Harbor Urban Renewal District, which covers all of Zone A. Under the PUD, the regulations for Zone B include the same lists of permitted uses and prohibited uses as Zone A. The regulations for Zone B also establish performance standards for new development, changes in use, expansion of existing businesses, and existing businesses that remain as they are now. On Friday, April 12, I met with Planning and Legal staff to discuss the Commission's recommendation for Zone B. While I normally do not make a recommendation on rezonings, in this case, I have strong concerns about this five-year delay. 1) Absence of design standards. The PUD requires that new development, change in use or expansion of existing businesses in Zone B must comply with the Port of Dubuque design standards. If the City Council approves the five-year The Honorable Mayor and City Council Members Port of Dubuque PUD Page 2 2) 3) 4) delay, new development, changes in use and expansion of existing businesses would occur according to industrial zoning regulations. The effect would be that new buildings and expansions in Zone B would not be built in compliance with the Port of Dubuque design standards. We could see metal clad buildings or concrete block structures, rather than brick structures with architectural detailing and landscaping, constructed in Zone B over the next 5 years. New industrial uses. The PUD requires that new development, changes in use or expansion of existing businesses in Zone B must comply with the lists of permitted uses and prohibited uses in Section 5.B. (pages 5-7). Industrial is not a permitted use for these purposes. The Adams Company is zoned MHI Modified Heavy Industrial. The south port area is zoned HI Heavy Industrial. If the City Council approves the five-year delay, the effect is that uses allowed in the MHI and HI districts, such as freight transfer, storage facilities, salvage yards, auto repair/body shops, and adult businesses, could locate in Zone B within this five-year timeframe. Outdoor storage. The PUD prohibits non-accessory outdoor storage for new development, changes in use or expansion of existing businesses in Zone B. The PUD also requires that existing businesses in Zone B remove all non- accessory outdoor storage within 18 months, and screen accessory outdoor storage within five years. If the City Council approves the five-year delay, the effect is that non-accessory outdoor storage at existing businesses would remain for 6% years, and accessory outdoor storage would not be screened for 10 years. In addition, new businesses or business expansions could have non-accessory outdoor storage. If the City Council chooses to approve the five-year delay for Zone B, then I recommend that the 18-month compliance schedule apply to both non-accessory outdoor storage and accessory outdoor storage. The PUD ordinance would need to be amended so that Section 5.C.5. (page 8) and Section 5.D.4.c. (page 10) have the same 18-month schedule as Section 5.D.3. (page 9). Existing uses can continue. The existing industrial uses in Zone B are not compatible with the retail, institutional, and entertainment uses that are envisioned for the Port of Dubuque, and passage of the PUD will make them non-conforming uses, The PUD would restrict the expansion of these businesses: however, the PUD will allow the operation of these uses to continue. The Honorable Mayor and City Council Members Port of Dubuque PUD Page 3 Although the approved Master Plan for the Port of Dubuque anticipates that redevelopment may not occur in Zone B for 5 years, marketing efforts for the Port of Dubuque are underway. Attracting investment to the area will depend on what plans the City has for the area and what the area looks like. A five-year delay in an area that has seen so little reinvestment is not in the community's best interest for seeking new investment and redevelopment. With passage of the PUD there is a chance this redevelopment will happen sooner than five years. 5) Sign Overlay District. A related item to the Port of Dubuque PUD is the amendment of the Freeway 61/151 Sign Overlay District (SOD). This item is public hearing #8 on your April '15 agenda. The amendment eliminates the Port of Dubuque PUD from the SOD to avoid redundant sign regulations. The Zoning Advisory Commission has recommended approval of the SOD amendment. The PUD prohibits off-premise signs in Zone B. If the City Council chooses to approve the five-year delay of the Port of Dubuque PUD for Zone B, and the SOD amendment, the effect would be that companies will be able to install off- premise signs according to industrial zoning regulations. If the five-year delay is adopted by the City Council, then I recommend that the City Council refer the SOD amendment back to the Zoning Advisory Commission to revise the SOD map to match the boundaries of Zone A and Zone B. If the City Council approves the Commission's recommendation for the five-year delay, then the PUD ordinance will need to read as follows in Section 9 (page 11 of the PUD): This ordinance shall take effect for Zone A upon publication, and for Zone B five years from the date of publication. Attached for your review is the Port of Dubuque PUD ordinance with the revisions discussed above. Recommendation The City is committed to moving forward on implementation of the Master Plan for the area. The America's River project and public/private investments of $188 million are scheduled for completion within the next few years, and we need to protect those investments. The five-year delay will diminish the positive impacts that the community will receive from the America's River project and implementation of the Master Plan, and will affect successful redevelopment of the Port of Dubuque. This delay devalues the investment of our local partners in the America's River project. Platinum Hospitality is investing nearly $25 million to construct a riverfront hotel and indoor water park adjacent to the Conference and Education Center. The Durrant The Honorable Mayor and City Council Members Port of Dubuque PUD Page 4 Group has made a $5 million commitment to build their corporate offices in the Port of Dubuque. The City of Dubuque is also a major investor in this area. Part of this investment has been the acquisition of the Brewery, the Peavey Grain piles and the Fischer Companies Ice House to remove blighting influences. The City is also negotiating to acquire Dubuque Hardwoods, Mississippi Valley Trucking and the Adams Company. In the case of the Adams Company, it is the intent that this use. that is not compatible with the new development in the area, can be relocated to the Dubuque Industrial Center West. This five-year delay also diminishes the ability of the City and our economic development partners to entice future investment in the Port of Dubuque. The remova of blighting influences in the area, particularly underutilized sites, outdoor storage and other industrial operations, needs to be accomplished in order to attract new tourist and investment to the area. The delay places the Dubuque County Historical Society at a disadvantage in their attempts to draw people to the National Mississippi River Museum and Aquarium. People that do come may not come back, and based on how the area looks, they won't provide the positive "word-of-mouth" advertising that will bring more visitors to Dubuque. I respectfully recommend that the City Council approve the Port of Dubuque PUD without the five-year delay for Zone B. Michael C. Van. Miliigen ~'- Attachment CC Barry Lindahl. Corporation Counsel Cindy Steinhauser. Assistant City Manager Laura Carstens, Planning Services Manager Tim O'Brien. Assistant City Attorney Bill Baum, Economic Development Director Eugene Bird, Jr., Chairperson, Zoning Advisory Commission Do',~e FiarbOr N Bridge PUD Bounda~ Zone A Zone B Prepared by: Laura Carstens, City Planner Address: City Hall~ 50 W. 13th St. Telephone: 589-4210 ORDINANCE NO. 31-02 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED NORTH AND SOUTH OF THE ICE HARBOR AND EAST OF HIGHWAY 611151 FROM ROD REDEVELOPMENT OVERLAY DISTRICT, HI HEAVY INDUSTRIAL DISTRICT, MHI MODIFIED HEAVY INDUSTRIAL DISTRICT, CS COMMERCIAL SERVICE AND WHOLESALE DISTRICT AND CR COMMERCIAL RECREATION DISTRICT TO PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PC PLANNED COMMERCIAL DESIGNATION AND ADOPTING A CONCEPTUAL DEVELOPMENT PLAN TO BE KNOWN AS THE PORT OF DUBUQUE RIVERFRONT DISTRICT. Whereas, the City of Dubuque adopted on March 4, 2002, the Port of Dubuque Master Plan, an amendment of the Riverfront Plan, which is a component of the City's adopted Comprehensive Plan; and Whereas, the City of Dubuque adopted on March 4, 2002, an amended and restated Urban Renewal Plan for the Ice Harbor Urban Renewal District that includes the Port of Dubuque Master Plan and Design Standards; and Whereas, the City of Dubuque has determined that a zoning reclassification of the Port of Dubuque will serve to guide the implementation of the adopted Port of Dubuque Master Plan and Design Standards. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Port of Dubuque PUD Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter described prcper[¥ from ROD Redevelopment Oveday District, HI Heavy Industrial District, MHI Modified Heavy Industrial District, CS Commercial Service and Wholesale District, and CR Commercial Recreation District to PUD Planned Unit Development District with a PC Planned Commercial designation and adopting a conceptual development plan, a copy of which is attached to and made a part hereof, to be known as the Port of Dubuque Riverfront District to wit: Ordinance No. - 02 Page 2 All of the real property highlighted in Exhibit 1, and to the centerline of the adjoining public right-of-way, and to the corporate limits of the City of Dubuque, all in the City of Dubuque, Iowa. Section 2. Conceptual Development Plan Referenced herein as Exhibit 2, on file in the Planning Services Department, and made a part of this zoning reclassification by reference is the Conceptual Development Plan for the Port of Dubuque Riverfront District. 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. Section 3. Definitions The following definitions shall apply for purposes of this PUD ordinance, in addition to Section 8 (Definitions) of the Zoning Ordinance. Indoor RestauranL Any business establishment or portion thereof where food is prepared for sale for consumption on the premises, including all sit down restaurants, where food and beverage are served in nondisposable containers and which may involve carryout service and the serving of beer, wine and alcoholic beverages on the premises of a limited nature as an accessory use to the restaurant. Nightclub: An establishment dispensing beer, wine and alcoholic beverages on the premises in which music, dancing or entertainment is conducted. Office/Showroom: A product display or showroom facility with two primary uses: office and showroom/display space. Storage, light assembly or shipping and receiving may occupy no more than 20 percent, and office use may occupy no more than 75 pement of the facility's gross floor area. Theme Restaurant. Any business establishment or portion thereof with an historical, architectural, cultural, or similar general theme, where food is prepared for sale for consumption onsite in a caf~ or al fresco setting, off the premises and/or served in disposable containers or wrappers, including fast food restaurants having a carryout service, and where beer, wine or alcoholic beverages are not served. Theme Convenience Store with Subordinate Gas Station: Any retail establishment with an historical, architectural, cultural, corner grocery or similar general theme, where food is prepared for sale for consumption onsite in a deli or caf~ setting, and also offering for sale prepackaged food products, household items, newspapers and magazines, and sandwiches and other freshly prepared foods, such as salads, for off-site consumption, and the sale of gas or other vehicular fuels subordinate to the principal use of the theme convenience store. Section 4. General Provisions for Zone A Ordinance No. - 02 Page 3 Geo,qraphic Area. Zone A shall be the geographic area designated as "Zone A" on Exhibit 1. Use Requlations for Zone A 1. Permitted Principal Uses: a. Public or quasi-public utilities. b. General offices. c. Medical and professional offices. d. Office/showrooms. e. Retail sales and services. f. Personal services. g. Book stores, h. Excursion services. i. Theme convenience stores with subordinate gas stations. j. Copy centers. k. Dry cleaners. I. Coffee shops. m. Antique shops. n. Theme restaurants. o. Indoor restaurants. p. Bars/Nightclubs. q. Cinemas/theaters. r. Multi-family residential dwellings. s. Residential dwelling units above the first floor. t. Condominiums. u. Boutique hotels or bed & breakfast inns. v. Marinas/pleasure craft harbors. w. Public parks/plazas. x. Public transit/comfort stations. y. Micro-breweries. z. Indoor and outdoor recreational facilities. aa. Hotels. bb. Museums, cc. Excursion boat gambling. dd. Aquariums. ee. Conference and education centers, ff. Parking structures. 2. Prohibited Uses: Outdoor golf courses and outdoor golf practice facilities, except miniature golf. Cellular communication towers. Ordinance No. - 02 Page 4 g. h. i. j. Telecommunication processing and relay centers, i.e., "telecom hotels." Adult businesses, as defined in Section 4-8 (Adult Entertainment Requirements and Regulations) of the Zoning Ordinance. Industrial laundry and dry cleaning plants. Pawn shops. New car and truck sales. Used vehicle sales and service. Resale shops. Drive-thru facilities, except drive-up automated teller machines. Stand-alone gas stations. Vehicle fabrication/assembly/repair/body shops. Tattoo parlors and body piercing shops. Permitted Conditional uses: Group day care centers, subject to state and local regulations and provided that: Such facility shall be located within an office, commercial or residential building or as an accessory structure on the same lot; Such facility shall provide for the loading and unloading of children so as not to obstruct public streets, nor create traffic or safety hazards; and All licenses have been issued or have been applied for awaiting the outcome of the Board's decision: b. Drive-up automated teller machines, provided that: Ingress, egress and traffic flow shall be acceptable to the City site plan review team; and Opaque screening shall be provided for adjacent residential uses. Permitted Accessory Uses: Any use customarily incidental and subordinate to the principal use it serves. Permitted Temporary Uses: Any use of a limited duration as defined in Section 8 (Definitions) of the Zoning Ordinance, subject to the conditions set forth in Section 2-5.3 (Temporary Uses) of the Zoning Ordinance. Ordinance No. - 02 Page 5 Section 5. General Provisions for Zone B Geographic Area. Zone B shall be the geographic area designated as "Zone B" on Exhibit 1. B. Use Regulations for Zone B 1. Permitted Principal Uses: a. Public or quasi-public utilities. [47] b. General offices. [14] c. Medical and professional offices. [36] d. Office/showrooms. [14] e. Retail sales and services. [17] f. Personal services. [14] g. Book stores. [17] h. Excursion services. [37] i. Theme convenience stores with subordinate gas stations. [19] j. Copy centers. [29] k. Dry cleaners. [19] I. Coffee shops. [20] m. Antique shops. [17] n. Theme restaurants. [20] o. Indoor restaurants. [20] p. Bars/Nightclubs. [20] q. Cinemas/theaters. [48] r. Multi-family residential dwellings. [9] s. Residential dwelling units above the first floor. [9] t. Condominiums. [9] u. Boutique hotels or bed & breakfast inns. [30] v. Marinas/pleasure craft harbors. [37] w. Public parks/plazas. [47] x. Public transit/comfort stations. [47] y. Micro-breweries. [20] z, Indoor and outdoor recreational facilities. [37] aa. Hotels. [30] bb. Museums. [13] cc. Excursion boat gambling. [47] dd. Aquariums. [13] ee. Conference and education centers. [20] ff. Parking structures. [N/A] [ ] Parking Group - requirements of Section 4.2 (Off-Street Parking and Loading Regulations) of the Zoning Ordinance must be met. Ordinance No: - 02 Page 6 Prohibited Uses: g. h. i. Outdoor golf courses and outdoor golf practice facilities, except miniature golf. Cellular communication towers Telecommunication processing and relay centers, i.e., "telecom hotels" Adult businesses, as defined in Section 4-8 (Adult Entertainment Requirements and Regulations) of the Zoning Ordinance. Industrial laundry and dry cleaning plants Pawn shops. Used vehicle sales and service. Resale shops. Drive-thru facilities, except drive-up automated teller machines. Stand-alone gas stations. Vehicle fabrication/assembly/repair/body shops. Tattoo parlors and body piercing shops. Permitted Conditional Uses: Group day care centers, subject to state and local regulations and provided that: Such facility shall be located within an office, commercial or residential building or as an accessory structure on the same lot; The parking requirements can be met - [8]; Such facility shall provide for the loading and unloading of children so as not to obstruct public streets, nor create traffic or safety hazards; and All licenses have been issued or have been applied for awaiting the outcome of the Board's decision. b. Drive-up automated teller machines, provided that: Ingress, egress and traffic flow shall be acceptable to the City site plan review team; The parking requirements can be met - [8]; and Opaque screening shall be provided for adjacent residential uses. [ ] Parking Group - requirements of Section 4.2 (Off-Street Parking and Loading Regulations) of the Zoning Ordinance must be met. Ordinance No~ - 02 Page 7 = Permitted Accessory Uses: Any use customarily incidental and subordinate to the principal use it serves. Permitted Temporary Uses: Any use of a limited duration as defined in Section 8 (Definitions) of the Zoning Ordinance subject to the conditions set forth in Section 2-5.3 (Temporary Uses) of the Zoning Ordinance. Performance Standards for New Development, Chan.qe in Use, and Expansion and Reconstruction of Existin.q Uses in Zone B New Development, Change in Use and Expansion of Existing Uses: In Zone B, the Design Standards adopted on March 4, 2002, as part of the Port of Dubuque Master Plan for the Ice Harbor Urban Renewal District shall apply to all new development, change in use and expansion of existing uses. Reconstruction of Existing Uses: In Zone B, the Design Standards adopted on March 4, 2002, as part of the Port of Dubuque Master Plan for the Ice Harbor Urban Renewal District shall apply in the event of reconstruction of an existing use after destruction by more than fn~ty percent (50%) of the replacement cost at the time of destruction. In the event of destruction of an existing use by less than fifty percent (50%) of the replacement cost at the time of destruction, it may only be reconstructed if such reconstruction does not increase the degree of nonconformity that existed prior to destruction. Construction of New Parking Lots: In Zone B, construction of any new parking lot shall comply with the Design Standards adopted on March 4, 2002, as part of the Port of Dubuque Master Plan for the Ice Harbor Urban Renewal District. = Expansion of Existing Parking Lots: In Zone B, the expansion of an existing parking lot for an existing use shall not constitute the requirement to comply with the Design Standards adopted on March 4, 2002, as part of the Port of Dubuque Master Plan for the Ice Harbor Urban Renewal District. However, the expansion of an existing parking lot in Zone B shall comply with Section 4-2 (Off- Street Parking and Loading Regulations), Section 4-4 (Site Plan Review Provisions), and Section 4-5 (Landscaping and Screening Requirements) of the Zoning Ordinance. = Outdoor Storage - New Development, Change in Use and Expansion of Existing Uses: Outdoor storage of any kind, including vehicles, raw materials, etc. is prohibited in Zone B for all new development, change in use and expansion of existing uses. Ordinance No. - 02 Page 8 Seasonal equipment, supplies, etc. shall be either stored within each facility or within a permanent accessory structure. Outdoor Storage - Reconstruction of Existing Uses: Outdoor storage of any kind, including vehicles, raw materials, etc. is prohibited in Zone B in the event of reconstruction of an existing use after destruction by more than fifty pement (50%) of the replacement cost at the time of destruction. Seasonal equipment, supplies, etc. shall be either stored within each facility or within a permanent accessory structure. In the event of destruction of an existing use by less than fifty percent (50%) of the replacement cost at the time of destruction, outdoor storage shall be subject to the provisions of Section 5. D. of this PUD ordinance. Performance Standards for Existing Uses in Zone B Nonconformities: If an existing use in Zone B is not listed in Section 5. B. (Permitted Uses) of this PUD ordinance at the time of adoption of this ordinance, it shall be considered a nonconforming use in accordance with Section 4-6 (Nonconformities in General) of the Zoning Ordinance. It is recognized that lawful nonconformities may substantially and adversely impact the ordedy development, maintenance, use and taxable value of other properties in this PUD District. To secure eventual conformance with the Port of Dubuque Master Plan and the Design Standards adopted on March 4, 2002, nonconforming uses existing in Zone B at the time of adoption of this PUD ordinance may continue subject to the provisions of this ordinance, but may not expand in gross floor area nor change in use from one nonconforming use to another nonconforming use. Sign Regulations: The provisions of the City of Dubuque Zoning Ordinance Section 4-3 (Sign Regulations) shall apply in Zone B unless further regulated by this section. Nonconforming Signs: Any existing sign in Zone B that is not in compliance with the Design Standards adopted on Mamh 4, 2002, as part of the Port of Dubuque Master Plan for the Ice Harbor Urban Renewal District shall be considered a nonconforming sign in accordance with Section 4-3.8 (Nonconforming Signs) of the Zoning Ordinance. New Signs: The installation of any new signs for an existing use in Zone B shall be in accordance with the Design Standards adopted on March 4, 2002, as part of the Port of Dubuque Master Plan for the Ice Harbor Urban Renewal District. Ordinance No. - 02 Page 9 Comprehensive Sign Program: ^ comprehensive sign program shall be developed in Zone B for the installation of new signs and for any alteration, improvement or other change of nonconforming signs for existing individual businesses or buildings, or for buildings which house more than one business, in accordance with the Design Standards adopted on March 4, 2002, as part of the Port of Dubuque Master Plan for the Ice Harbor Urban Renewal District. Prohibited signs: The following types of signs are prohibited in Zone B. Any existing sign in Zone B that falls into one or more of the following categories of prohibited signs shall be considered a nonconforming sign: Pole, pylon or freestanding signs Billboards Internally illuminated awnings Portable signs Search lights Audible or musical signs e= Permissible Signs. The following sign types are permissible in Zone B: Non-illuminated awning signs Canopy or marquee signs Wall signs Projecting signs Window signs Ground signs/monument signs Non-Accessory Outdoor Storage Prohibited: In Zone B, outdoor storage that is not an accessory use to the principal use is prohibited. In Zone B, removal of the non-accessory outdoor storage shall be required within eighteen (18) months of the effective date of this PUD Ordinance, and shall be implemented according to the following schedule: 0-8 months Conduct property review meeting with the City of Dubuque Planning Services Department. 6-12 months Submit necessary plans and information describing compliance plans to the Planning Services Department. 12-18 months Remove all non-accessory outdoor storage. Ordinance No. - 02 Page 10 4. Outdoor Storage Accessory to the Principal Use: Outdoor Storage Accessory to the Principal Use: In Zone B, outdoor storage for existing uses is restricted to storage necessary for operation of the principal use as an accessory use. Material stored must be screened from view from adjacent rights-of-way and properties. Screening must be opaque and a minimum of six (6) feet in height. Outdoor Storage of Refuse: In Zone B, outdoor storage of freestanding dumpsters or refuse containers is prohibited. Refuse shall be securely stored and enclosed as part of the principal structure, and contained and disposed of in accordance with applicable state, county and city health, safety and environmental codes. Where storage of food service/restaurant kitchen refuse is not accommodated as part of the principal building, refuse storage is permissible in an accessory storage enclosure. Compliance Schedule for Accessory Outdoor Storage: In Zone B, compliance with the accessory outdoor storage regulations of this sub-section shall be required within five (5) years of the effective date of this PUD Ordinance, and shall be implemented according to the following schedule: 0-24 months Conduct property review meeting with Planning Services Department. 24-48 months Submit necessary plans and information describing compliance plans and improvements to the Planning Services Department. 48-60 months Complete necessary modifications and improvements. Variance and Appeal Process In Zone B, requests for variances from the regulations of this PUD ordinance, unless expressly prohibited by this PUD ordinance, and appeals of their interpretation by City staff shall be filed in accordance with Section 5-3 (Zoning Board of Adjustment) of the Zoning Ordinance. Section 6. Transfer of Ownership Transfer of ownership or lease of property in this PUD District 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, Ordinance No. - 02 Page 11 Section 7. Recording A copy of this 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 after the adoption of this ordinance. This ordinance shall be binding upon the undersigned and his/her heirs, successors and assigns. Section 8. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 9. The foregoing amendment shall take effect upon publication, as provided by law. Passed, approved and adopted this 15th day of April ,2002. /s/ Ann E. Michalski, MaYor Pro Tem Attest: /s/ Jeanne F. Schneider, City Clerk Proposed Port of Dubuque PUD BRIDGE PUD Boundary ZONE A ZONE B City Hail (563) 589-4221 (563) 690-6678 TDD planning@cityo f dubuque.or g April 8, 2002 The Honorable Mayor and City Council Members City of Dubuque City Hall - 50 W. 13th Street Dubuque IA 52001 RE: Rezoning/Conceptual Development Plan Applicant: Location: Description: City of Dubuque Port of Dubuque To rezone property from ROD Redevelopment Overlay District, HI Heavy Industrial District, MHI Modified Heavy Industrial District, CS Commercial Service and Wholesale District and CR Commercial Recreation District to PUD Planned Unit Development District and adopting a Conceptual Development Plan to be known as the Port of Dubuque Riverfront District. 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 Planning Services Manager Laura Carstens, representing the City of Dubuque, spoke in favor of the request. She reviewed the connection of the proposed PUD to the Port of Dubuque Master Plan and design standards. Then, she reviewed the proposed Port of Dubuque PUD, reviewing allowed uses, design guidelines and performance standards for Zones A and B. She also reviewed the non-conforming section of the proposed PUD ordinance, and the community's investment in the America's River project. There were several property owners who spoke in opposition to the rezoning, primarily because of the inability to expand their businesses and the inability to rebuild if a structure was destroyed beyond 50 percent of the value of the structure. Several property owners asked for a delay in rezoning Zone B to be timed with development. The Zoning Advisory Commission discussed the request, indicating the extensive planning that had been done for the riverfront and their support of the America's River project. Commissioners discussed that they had particular concern regarding the rezoning of Zone B (Adams Company and the South Ice Harbor area), because it is anticipated that devetopmerff will not occur in this area for 5 to 10 years. Service People Integrity Respo~sibillty Im~ova~Jon Teamwork Honorable Mayor and City Council Members Port of Dubuque Rezoning April 8, 2002 Page 2 Recommendation By a vote of 6 to 0. the Zoning Advisory Commission recommends that the City Council approve the request, with the condition that rezoning on Zone B will not go into effect until 5 years after publication of the Ordinance. A simple majority vote is needed for the City Council. to approve the request, Respectfully submitted, Eugene Bird, Jr., Chairperson Zoning Advisory Commission Attachments CITY OF DUBUQUE, IOWA MEMORANDUM March 27, 2002 TO: Zoning Advisory Commission FROM: Laura Carstens, Planning Services Manager SUBJECT: Proposed Port of Dubuque PUD Riverfront District Introduction This memo describes the proposed Port of Dubuque Planned Unit Development (PUD) District, a zoning reclassification intended to help implement the Port of Dubuque Master Plan. The Port of Dubuque includes two major riverfront areas north and south of the Ice Harbor: the 4th Street Peninsula, and the Jones Street industrial area. A PUD Planned Unit Development Distdct is a specialized, customized zoning district. Examples include the City's industrial parks, the Medical Associates Clinic and Asbury Plaza. Each PUD has a Conceptual Development Plan that guides its development. The Conceptual Development Plan for the Port of Dubuque Riverfront District is the Port of Dubuque Master Plan. With any PUD, 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. Adoption of Port of Dubuque Master Plan and Desi.qn Standards The Dubuque City Council adopted the Port of Dubuque Master Plan and Design Standards on March 4, 2002. The Port of Dubuque Master Plan is a component of the City's adopted Comprehensive Plan and Riverfront Plan. The City of Dubuque has determined that a zoning reclassification of the Port of Dubuque will serve to guide the implementation of the Port of Dubuque Master Plan. Port of Dubuque PUD Page 2 The Port of Dubuque presently is zoned as ROD Redevelopment Overlay District on the north port area, and as HI Heavy Industrial District in the south port area. All of the Port of Dubuque, both north and south, would be rezoned to a PUD Planned Unit Development District, known as the Port of Dubuque Riverfront District. An ordinance for the proposed Port of Dubuque PUD is attached. The PUD ordinance describes the following two zones, which are shown on Exhibit 1: Zone A is the north port area that is included in the Ice Harbor Urban Renewal District. This zone includes all property on the 4th Street Peninsula, with the exception of the Adams Company. · Zone B is the south port area, and the Adams Company. The Conceptual Development Plan for the Port of Dubuque PUD, shown in Exhibit 2, depicts the redevelopment of the north and south port areas, Zones A and B, as envisioned in the Port of Dubuque Master Plan. Definitions Special definitions for the Port of Dubuque PUD were created for specific uses: Indoor Restaurant, Nightclub, Office/Showroom, Theme Restaurant and Theme Convenience Store with Subordinate Gas Station. Definitions for other uses that are listed for the Port of Dubuque PUD generally are found in the City's Zoning Ordinance. General Provisions for Zone A The Port of Dubuque Master Plan includes a set of Design Standards. These Design Standards are included in the Ice Harbor Urban Renewal District, which encompasses all of Zone A. An Urban Renewal Distric[ is an economic development tool available to cites for redevelopment of vacant and underutilized areas, like the 4 Street Peninsula. In Zone A, the Port of Dubuque PUD lists permitted principal, conditional and accessory uses, and prohibited uses, but no other regulations. This is different than most PUD ordinances, which typically spell out a set of zoning regulations for the particular PUD district. For Zone A, the Design Standards adopted as part of the Port of Dubuque Master Plan for the Ice Harbor Urban Renewal District will apply to new and existing developments in Zone A in much the same way as the zoning regulations do for other parts of the city. Port of Dubuque PUD Page 3 General Provisions for Zone B For Zone B, the general provisions make a distinction between: a) new development, change in use, expansion and reconstruction of existing uses, and b) existing uses that remain as they are. New Development, Change in Use and Expansion and Reconstruction of Existinq Uses For Zone B, the design standards proposed as part of the Port of Dubuque Master Plan for the Ice Harbor Urban Renewal District will apply to all new development, change in use and expansion and reconstruction of existing uses, with the following distinctions from Zone A. Expansions of an existing use that would tdgger this requirement are the expansion of an existing building or structure. The expansion of an existing parking lot for an existing use would not have to comply with these design standards, but would have to comply with the paving and landscaping requirements of the Zoning Ordinance. For existing uses, a major difference from the Zoning Ordinance is that the percentaqe of a building that requires reconstruction to be in compliance with the Design Standards has been proposed at a lower number: 50% vs. 75%. The Zoning Ordinance presently allows reconstruction of nonconforming uses after destruction of more than 75% of replacement value. Zone B would have a stricter standard with the 50% replacement value proposed. Performance Standards for Existing Uses For Zone B, the major performance standards for existing uses deal with: a) non-conformities, b) outdoor storage, and c) signs. All of the existing uses in Zone B will become legal non-conforming uses upon adoption of the proposed Port of Dubuque PUD. To secure eventual conformance with the adopted Port of Dubuque Master Plan and the Design Standards, these non- conforming uses may continue subject to the provisions of this PUD ordinance, but may not expand in gross floor area nor change in use from one non-conforming use to another non-conforming use. Outdoor storage of any kind including vehicles, raw materials, etc., that is not an accessory use to the principal use of any kind, is prohibited in Zone B for new and existing uses. Port of Dubuque PUD Page 4 Compliance with the non-accessory outdoor storage requirements for existing uses in Zone B is required within 18 months of the effective date of the PUD, and must be implemented according to the schedule shown in the PUD ordinance. In Zone B, outdoor storage for existing uses is restricted to storage necessary for operation of the principal use as an accessory use. Material stored must be screened from view from adjacent rights-of-way and properties. Screening must be opaque and a minimum of six (6) feet in height. In Zone B, compliance with the accessory outdoor storage regulations for existing uses is required within five (5) years of the effective date of this PUD, and must be implemented according to the schedule shown in the PUD ordinance. Variance and Appeal Process In Zone A, requests for variances from Port of Dubuque Design Standards, and appeals of their interpretation by City staff are filed with the City Manager. If aggrieved by a decision of the City Manager, a property owner may apply to the City Council for review. The City Council may modify the schedule or the application of the design standards. In Zone B, requests for variances from these regulations, unless expressly prohibited by the PUD, and appeals of their interpretation by City staff are filed with the Zoning Board of Adjustment. This board hears variances and appeals for all other zoning regulations in the City. Review of Property Owner Comments On February 27, 2002, City staff held an initial meeting with property owners in the Port of Dubuque to review the proposed Port of Dubuque PUD. On March 11, 2002, comments from property owners were shared with the City Manager. On Mamh 18, 2002, City staff held a second meeting with property owners in the Port of Dubuque to review the proposed ordinance and the changes made as a result of the staff meeting with the City Manager. A third meeting to review the proposed Port of Dubuque PUD with the property owners is scheduled for April 10, 2002. Recommendation Staff recommends adoption of the proposed Port of Dubuque PUD Riverfront District. Prepared by: Laura Caratens, City Planner Address: City Hall, 50 W. '13th St. Telephone: $89-42'10 ORDINANCENO. - O2 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED NORTH AND SOUTH OF THE ICE HARBOR AND EAST OF HIGHWAY 61/15'1 FROM ROD REDEVELOPMENT OVERLAY DISTRICT, HI HEAVY INDUSTRIAL DISTRICT, MHI MODIFIED HEAVY INDUSTRIAL DISTRICT, CS COMMERCIAL SERVICE AND WHOLESALE DISTRICT AND CR COMMERCIAL RECREATION DISTRICT TO PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PC PLANNED COMMERCIAL DESIGNATION AND ADOPTING A CONCEPTUAL DEVELOPMENT PLAN TO BE KNOWN AS THE PORT OF DUBUQUE RIVERFRONT DISTRICT. Whereas, the City of Dubuque adopted on March 4, 2002, the Port of Dubuque Master Plan, an amendment of the Riverfront Plan, which is a component of the City's adopted Comprehensive Plan; and Whereas, the City of Dubuque adopted on March 4, 2002, an amended and restated Urban Renewal Plan for the Ice Harbor Urban Renewal Distdct that includes the Port of Dubuque Master Plan and Design Standards; and Whereas, the City of Dubuque has determined that a zoning reclassification of the Port of Dubuque will serve to guide the implementation of the adopted Port of Dubuque Master Plan and Design Standards. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. Port of Dubuque PUD Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by reclassifying the hereinafter described property from ROD Redevelopment Overlay District, HI Heavy Industrial District, MHI Modified Heavy Industrial District, CS Commercial Service and Wholesale District, and CR Commercial Recreation Distdct to PUD Planned Unit Development District with a PC Planned Commercial designation and adopting a conceptual development plan, a copy of which is attached to and made a part hereof, to be known as the Port of Dubuque Riverl:ront Distdct to wit: Ordinance No. - 02 Page 2 ~11 of the real property highlighted in Exhibit 1. and to the centerline of the adjoining public right-of-way, and to the corporate limits of the City of Dubuque. all in the City of Dubuque, Iowa. Section 2, Conceptual Development Plan Attached hereto as Exhibit 2 and ma"de a part of this zoning reclassification is the Conceptual Development Plan for the Port of Dubuque Riverfront District. 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. Section 3. Definitions . The following definitions shall apply for purposes of this PUD ordinance, in addition to Section 8 (Definitions) of the Zoning Ordinance. Indoor Restaurant: Any business establishment or portion thereof where food is prepared for sale for consumption on the premises, including all sit down restaurants, where food and beverage are served in nondisposable containers and which may involve carryout service and the serving of beer, wine and alcoholic beverages on the premises of a limited nature as an accessory use to the restaurant. Nightclub: An establishment dispensing beer, wine and alcoholic beverages on the premises ~n which music, dancing or entertainment is conducted. Office/Showroom: A product display or showroom facility with two primary uses: office and showroom/display space. Storage, light assembly or shipping and receiving may occupy no more than 20 percent, and office use may occupy no more than 75 percent of the facility's gross floor area. Theme Restauranh Any business establishment or portion thereof with an historical, architectural, cultural, or similar general theme, where food is prepared for sale for consumption onsite in a caf6 or al fresco setting, off the premises and/or served in disposable containers or wrappers, including fast food restaurants having a carryout service, aha where beer, wine or alcoholic beverages are not served. Theme Convenience Store with Subordinate Gas Station: Any retail establishment with an historical, architectural, cultural, corner grocery or similar general theme, where food is prepared for sale for consumption onsite in a deli or caf6 setting, and also offering for sale prepackaged food products, household items, newspapers and magazines, and sandwiches and other freshly prepared foods, such as salads, for off-site consumption, and the sale of gas or other vehicular fuels subordinate to the pnncipal use of the theme convenience store. Ordinance No. - 02 Page 4 Telecommunication processing and relay centers, i.e., "telecom hotels." Adult businesses, as defined in Section 4-8 (Adult Entertainment Requirements and Regulations) of the Zoning Ordinance. industrial laundry and dry cleaning plants. Pawn shops. New car and truck sales. Used vehicle sales and service. Resale shops. Drive-thru facilities, except ddve-up automated teller machines. Stand-alone gas stations. Vehicle fabricationlassemblylrepaidbody shops. Tattoo parlors and body piercing shops Permitted Conditional uses: Group day care centers, subject to state and local regulations and provided that: Such facility shall be located withi n an office, commercial or residential building or as an accessory structure on the same lot; Such facility shall provide for the loading and unloading of children so as not to obstruct public streets, nor create traffic or safety hazards; and All licenses have been issued or have been applied for awaiting the outcome of the Board's decision. b. Drive-up automated teller machines, provided that: Ingress, egress and traffic flow shall be acceptable to the City site plan review team; and Opaque screening shall be provided for adjacent residential uses. Permitted Accessory Uses: Any use customarily incidental and subordinate to the pnncipal use it serves. Permitted Temporary Uses: Any use of a limited duration as defined in Section 8 (Definitions) of the Zoning Ordinance, subject to the conditions set forth in Section 2-5.3 (Temporary Uses) of the Zoning Ordinance. Ordinance No. - 02 Page 5 Section 5. General Provisions for Zone B Geographic Area. Zone B shall be the geographic area designated as "Zone B" on Exhibit 1. B. Use Requlations for Zone B 1. Permitted Principal Uses: a, Public or quasi-public utilities. [47] b, General offices. [14] c. Medical and professional offices. [36] d Office/showrooms, [14] e. Retail sales and services. [17] f, Personal services, [14] g. Book stores. [17] h. Excursion services. [37] i. Theme convenience stores with subordinate gas stations. [19] j. Copy centers. [29] k. Dry cleaners. [19] I. Coffee shops. [20] m. Antique shops. I171 n. Theme restaurants. [20] o. Indoor restaurants. [20] p. Bars/Nightclubs. [20] q. Cinemas/theaters. [48] r. Multi-family residential dwellings. E9] s. Residential dwelling units above the first floor. [9] t. Condominiums. [9] u. Boutique hotels or bed & breakfast inns. [30] v. Marinas/pleasure craft harbors, [37] w. Public parks/plazas. [47] x. Public transit/comfort stations, [47] y. Micro-breweries, [20] z. Indoor and outdoor recreational facilities. I37] aa. Hotels. [30] bb. Museums. [13] cc. Excursion boat gambling. [47] dd. Aquariums. [13] ee. Conference and education centers. [20] ff. Parking structures. [N/A] [ ] Parking Group - requirements of Section 4.2 (Off-Street Parking and Loading Regulations) of the Zoning Ordinance must be met. Ordinance No. - 02 Page 6 Prohibited Uses: g. h. i. Outdoor golf courses and outdoor golf practice facilities, except miniature golf. Cellular communication towers Telecommunication processing and relay centers, i.e. "telecom hotels" Adult businesses, as defined in Section 4-8 (Adult Entertainment Requirements and Regulations) of the Zoning Ordinance. Industrial laundry and dry cleaning plants Pawn shops. Used vehicle sales and service. Resale shops. Drive-thru facilities, except drive-up automated teller machines. Stand-alone gas stations. Vehicle fabrication/assembly/repaidbody shops. Tattoo parlors and body piercing shops. Permitted Conditional Uses: Group day care centers, subject to state and local regulations and provided that: 1. Such facility shall be located within an office, commercial or residential building or as an accessory structure on the same lot; The parking requirements can be met - [8]; Such facility shall provide for the loading and unloading of children so as not to obstruct public streets, nor create traffic or safety hazards; and All licenses have been issued or have been applied for awaiting the outcome of the Board's decision. Drive-up automated teller machines, provided that: 1. Ingress, egress and traffic flow shall be acceptable to the City site plan review team; The parking requirements can be met - [8]; and Opaque screening shall be provided for adjacent residential uses. [ ] Parking Group - requirements of Section 4.2 (Off-Street Parking and Loading Regulations) of the Zoning Ordinance must be met. Ordinance No. - 02 Page 7 Permitted Accessory Uses: Any use customarily incidental and subordinate to the principal use it serves. Permitted Temporary Uses: Any use of a limited duration as defined in Section 8 (Definitions) of the Zoning Ordinance subject to the conditions set forth in Section 2-5.3 (Temporary Uses) of the Zoning Ordinance. Pen~ormance Standards for New Development, Change in Use, and Expansion and Reconstruction of Existing Uses in Zone B New Development, Change in Use and Expansion of Existing Uses: In Zone B, the Design Standards adopted on March 4, 2002. as part of the Port of Dubuque Master Plan for the Ice Harbor Urban Renewal District shall apply to all new development, change in use and expansion of existing uses. Reconstruction of Existing Uses: In Zone B, the Design Standards adopted on March 4, 2002, as part of the Port of Dubuque Master Plan for the Ice Harbor Urban Renewal District shall apply in the event of reconstruction of an existing use after destruction by more than fifty percent (50%1 of the replacement cost at the time of destruction. In the event of destruction of an existing use by less than fifty percent (50%) of the replacement cost at the time of destruction, it may only be reconstructed if such reconstruction does not increase the degree of nonconformity that existed prior to destruction. Construction of New Parking Lots: In Zone B, construction of any new parking lot shall comply with the Design Standards adopted on March 4, 2002, as part of the Port of Dubuque Master Plan for the Ice Harbor Urban Renewal District. Expansion of Existing Parking Lots: In Zone B, the expansion of an existing parking lot for an existing use shall not constitute the requirement to comply with the Design Standards adopted on March 4, 2002, as part of the Port of Dubuque Master Plan for the Ice Harbor Urban Renewal District. However, the expansion of an existing parking lot in Zone B shall comply with Section 4-2 (Off- Street Parking and Loading Regulations), Section 4-4 (Site Plan Review Provisions), and Section 4-5 (Landscaping and Screening Requirements) of the Zoning Ordinance. Outdoor Storage - New Development, Change in Use and Expansion of Existing Uses: Outdoor storage of any kind, including vehicles, raw materials, etc. is prohibited in Zone B for all new Ordinance No. - 02 Page 8 development, change in use and expansion of existing uses. Seasonal equipment, supplies, etc. shall be either stored within each facility or within a permanent accessory structure. Outdoor Storage - Reconstruction of Existing Uses: Outdoor storage of any kind, including vehicles, raw materials, etc. is prohibited in Zone B in the event of reconstruction of an existing use after destruction by more than fifty percent (50%) of the replacement cost at the time of destruction. Seasonal equipment. supplies, etc. shall be either stored within each facility or within a permanent accessory structure. In the event of destruction of an existing use by less than fifty percent (50%) of the replacement cost at the time of destruction, outdoor storage shall be subject to the provisions of Section 5. D. of this PUD ordinance. Performance Standards for Existinq Uses in Zone B Nonconformities: If an existing use in Zone B is not listed in Section 5. B. (Permitted Uses) of this PUD ordinance at the time of adoption of this ordinance, it shall be considered a nonconforming use in accordance with Section 4-6 (Nonconformities in General) of the Zoning Ordinance. It is recognized that lawful nonconformities may substantially and adversely impact the orderly development, maintenance, use and taxable value of other properties in this PUD District. To secure eventual conformance with the Port of Dubuque Master Plan and the Design Standards adopted on March 4, 2002, nonconforming uses existing in Zone B at the time of adoption of this PUD ordinance may continue subject to the provisions of this ordinance, but may not expand in gross floor area nor change in use from one nonconforming use to another nonconforming use. Sign Regulations: The prows~ons of the City of Dubuque Zoning Ordinance Section 4-3 (Sign Regulations) shall apply in Zone B unless further regulated by this section. Nonconforming Signs: Any existing sign in Zone B that is not in compliance with the Design Standards adopted on March 4, 2002, as part of the Port of Dubuque Master Plan for the Ice Harbor Urban Renewal Distdct shall be considered a nonconforming sign in accordance with Section 4-3.8 (Nonconforming Signs) of the Zoning Ordinance. New Signs: The installation of any new signs for an existing use ~n Zone B shall be in accordance with the Design Standards adopted on March 4, 2002, as part of the Port of Ordinance No. - 02 Page 9 Dubuque Master Plan for the Ice Harbor Urban Renewal District. Comprehensive Sign Program: A comprehensive sign program shall be developed in Zone B for the installation of new signs and for any alteration improvement or other change of nonconforming signs for existing individual businesses or buildings, or for buildings which house more than one business, in accordance with the Design Standards adopted on March 4, 2002, as part of the Port of Dubuque Master Plan for the Ice Harbor Urban Renewal District. do Prohibited signs: The following types of signs are prohibited in Zone B. Any existing sign ~n Zone B that falls into one or more of the following categories of prohibited signs shall be considered a nonconforming sign: Pole, pylon or freestanding signs Billboards Internally illuminated awnings Portable signs Search lights Audible or musical signs Permissible Signs. The following sign types are permissible in Zone B: Non-illuminated awning signs Canopy or marquee signs Wall signs Projecting signs Window signs Ground signs/monument signs Non-Accessory Outdoor Storage Prohibited: In Zone B, outdoor storage that is not an accessory use to the principal use is prohibited. In Zone B. removal of the non-accessory outdoor storage shall be required within eighteen [18) months of the effective date of this PUD Ordinance, and shall be implemented according to the following schedule: 0-6 months Conduct property rewew meeting with the City of Dubuque Planning Services Department. 6-12 months Submit necessary plans and information describing compliance plans to the Planning Services Department. Ordinance No. - 02 Page 10 12-18 months Remove all non-accessory outdoor storage. 4. Outdoor Storage Accessory to the Principal Use: Outdoor Storage Accessory to the Principal Use: In Zone B, outdoor storage for existing uses is restricted to storage necessary for operation of the principal use as an accessory use. Material stored must be screened from view from adjacent rights-of-way and properties. Screening must be opaque and a minimum of six (6) feet in height, Outdoor Storage of Refuse: In Zone B, outdoor storage of freestanding dumpsters or refuse containers is prohibited. Refuse shall be securely stored and enclosed as part of the principal structure, and contained and disposed of in accordance with applicable state, county and city health, safety and enwronmental codes. Where storage of food service/restaurant kitchen refuse is not accommodated as part of the principal building, refuse storage is permissible in an accessory storage enclosure. Compliance Schedule for Accessory Outdoor Storage: In Zone B, compliance with the accessory outdoor storage regulations of this sub-section shall be required within five (5) years of the effective date of this PUD Ordinance, and shall be implemented according to the following schedule: 0-24 months Conduct property review meeting with Planning Services Department. 24-48 months Submit necessary plans and information describing compliance plans and 'mprovements to the Planning Services Department. 48-60 months Complete necessary modifications and improvemems. Variance and Appeal Process In Zone B, requests for variances from the regulations of this PUD ordinance, unless expressly prohibited by this PUD ordinance, and appeals of their interpretation by City staff shall be filed in accordance with Section 5-3 (Zoning Board of Adjustment) of the Zoning Ordinance. Ordinance No. - 02 Page 11 Section 6. Transfer of Ownership Transfer of ownership or lease of property in this PUD District 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. Section 7. Recording A copy of this 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 after the adoption of this ordinance. This ordinance shall be binding upon the undersigned and his/her heirs, successors and assigns. Section 8. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 9. The foregoing amendment shall take effect upon publication, as provided by law. Passed, approved and adopted this day of ,2002. Attest: Terrance M. Duggan, Mayor Jeanne F. Schneider. City Clerk Melinda/wplCouncillOrd/por[ofdbqpudord.doc PLANNZNG APPL/CA'rZON FORM [] Simple Site Plan [] Minor sree Plan ~ Major Site Plan ~ Major Final Plat ~ Simple Subdivision Multiole owners ('see aU:ached list~ ow of Dubuque Dubuque, ~ 52001-4864 Phone: 563-589-4210 Fax: 563-589-4221 [] Temporal/Use Permit ~I Cert~'ax~i.c of Eo~nomic Non-Viability [] Ce~iflcate of Appropriateness g Other: Ob/: State: Zip: MobileJCdlular Nu~. Phone: 589-4210 Ob/: Dubuque ~ IA Zip: 52001 MobileJC~lular Number'. Le~a! DusoipUon (.~twell parcel ~ or lot number/blod~ number/subdMsion): Total prope~ (Iot) area (square feet or acres): Apl;~ox. 118ao~es Number of Lots: 104 Desaibe proposal and reason necessary (aU~ch a let~' of explana'don, if needed): ~ 1. The infonnal~on ~ retain is true and correct to bhe best of my/our know~dge and upon Fees are not refundable and payment does not guararaee approval; and All additional required written and graphic matedals are attached. FOR OFFZCE USE ONLY ~ APPLTGAT~ON ~AL CHECKI.~T Fee: ~ Reoeived by:. ~ .Da~: plan o Conceptual Develdl~fmeot Plan ~ o Plat ~'mprovement plans [~ Design review project ciescripUon O Floor plan ~ OUter: Dove Harbor N Railroad Bddge PUD Boundary Zone A Zone B DODDS RIVER TERMINALS, INC. 20 TERMINAL ST. · P.O. BOX 3414 · DUBUQUE, IOWA 52004-3414 PHONE 319-583-9703 * FAX 319-583-9702 April 8, 2002 Mayor Terry Duggan and City Council Dubuque City Hall 13th & Central Avenue Dubuque, IA 52001 Re: Dodds River Terminal, Inc. Dear Mayor Duggan and Members of the Council: I am the President and owner of Dodds River Terminal, Inc. This company has in effect leases for the use of a. warehouse, a building owned by Dodds River Terminal, Inc., and situated on land leased from the City. If timely renewed, this lease will nm until 2008. Additionally, Dodds River Terminal, Inc. has two other sites adjacem to its warehouse which constitutes a mooting site for river barges and land for access from the river to the railroad tracks along Terminal Street and those leases, if timely renewed, would extend to 2018. The company is in receipt of the notice of public heafifig and of copies of proposals that will tend to affect the owner's use of its property adversely from its existing uses and those to which this property has been put by the company and its predecessors since 1958. The owner does not consent to the adoption of the proposals which will limit or restrict the owner's use of the property as it has been used in the past. We believe that the imposition of the proposed standard will work an unconstitutional taking of the owner's property without just compensation and we, therefore, voice strong objection to the proposals that would in any way restrict our use of our property without just compensation. We would appreciate it if the Council would delay any decision on this matter until the issue of fair compensation has been adequately addressed. Yom:s very truly, DODDS RiVER TERMINALS, INC. Dennis Dodds, President dodds mayor Iet.doe/sh COMPLETE TRANSFER SERVICE BARGE - RAiL - TRUCK * WAREHOUSING & OUTSIDE STORAGE ALFRED E, HUGHES J~MES A, TRANNEL JEFFREY A, TRANNEL ANTHONY J, QUINN FAX NO. (5~3) 557~1018 HUGHES & TRANNEL, P.C. ATTORNEYS AT LAW 1154 IOWA STREET DUBUQUE, IOWA 5200t-4818 April 3, 2002 _J~fr~y A. Tr~noel and [Jcensed t~ TELEPHONE (563) 557-7360 Zoning Advisory Commission c/o Planning Services City Hall - 2~ Floor 50 W. 13th Street Dubuque, IA 52001 Re: Dodds River Terminal, Inc. Dear Sir or Madam: We represent Dodds River Terminal, Inc. This company has in effect leases for the use of a warehouse, a building owned by Dodds River Terminal, Inc., and situated on land leased from the City. If timely renewed, this lease will mn until 2008. Additionally, Dodds River Terminal, Inc. has two other sites adjacent to its warehouse which constitutes a mooring site for river barges and land for access from the river to the railroad tracks along Terminal S~'eet and those leases, if timely renewed, would extend to 2018. The company is in receipt of the notice of public hearing and of copies of proposals that will tend to affect the owner's use of its property adversely from its existing uses and those to which this property has been put by the company and its predecessors since 1958. The owner does not consent to the adoption of the proposals which will limit or restrict the owner's use of the property as it has been used in the past. We believe that the imposition of the proposed standard will work an unconstitutional taking of the owner's property without just compensation and we, therefore, voice strong objection to the proposals that would in an), way restrict our use of our property without just compensation. Thank you very much for your attention to this matter. Yours very truly, HUGHES & TRANNEL, P.C. Alfred E. Hughes AEH:sh cc: Dennis Dodds ~ ~'s C)ffice 50 West ~13fft Street Dubuque, Iowa 52001-4864 (319) 589-4110 (319) 589-4149 FAX March 29, 2002 John C. Hendry, President The Adams Company 100 East Fourth Street P.O. Box 268 Dubuque, Iowa 52001 Dear Mr. Hendry: Thank you for your letter of March 25 concerning the relocation of The Adams Company, and a request for a delay in the adoption of a Planned Unit Development ordinance in the Port of Dubuque. As you know. we are doing everything we can to assist in the relocation of The Adams Company to the Dubuque Industrial Center West. For example, at the encouragement of staff of the Economic Development Administration (EDA), the City has submitted a preapplication to EDA in the amount of $2 million to assist in this effort. We will continue to not only seek these funds, but explore other potential sources of state and federal assistance as well, so that your relocation will become a reality. The process of establishing fair market value is moving forward in that we have obtained an appraisal of the Spec building for ~/ou, and will soon be receiving a copy of the appraisal of your property. The City is also committed to moving forward on the implementation of the Master Plan for the area. The America's River project and private investments totaling $188 million are scheduled to be completed within the next two years, and we need to protect those investments. The removal of blighting influences in the area, particularly the outside storage associated with logging and other operations needs to be accomplished in order to attract new tourists and investment to the area. Service People Integrity Responsibility Innovation Teamwork John C. Hendry, President March 29 2002 Page 2 In a similar vein, there are some uses like manufacturing that are not compatible with the retail, institutional, and entertainment uses that are envisioned in the Port of Dubuque. The Adams Company ~s an ~mportant part of our community and the passage of a Planned Unit Development ordinance will make manufacturing a non- conforming use; however, this ordinance will allow the operation of your business to continue, understand that the PUD would restrict expansion of the business, so the City will do everything possible to assist in relocation. However. I will not be recommending the City Council delay action on the passage of the ordinance. MCVM:jh CC: Sincerely, Michael C. Van Milligen City Manager Mayor Terry Duggan (w/Hendry Ltr) Dubuque City Council (w/Hendry Ltr) Barry Lindahl, Corporation Counsel (w/Hendry Ltr) Bill Baum, Economic Development Director (w/Hendry Ltr) Laura Carstens, Planning Services Manager (w/Hendry Ltr) Pauline Joyce, Administrative Services Manager (w/Hendry Ltr) Cindy Steinhauser, Assistant City Manager (w/Hendry Ltr) ESTABLISHED 1883 March 25, 2002 COMPANY Mr. Michael Van Milligan City Manager, City of Dubuque City Hall 50 West 13th Street Dubuque, IA 52001-4864 100 East Fourth Street Post Office Box 268 Dubuque, Iowa 52001 Telephone 563/583-3591 Dear Nh-. Van Milligan: As you know we are in discussions concerning the relocation of The Adams Company to the Dubuque Industrial Center West. We are optimistic that the transaction will be concluded to the satisfaction of all of the interested parties. However, we are concerned that some unforeseen event may occur which would prevent the relocation; this means that we would continue to conduct our manufacturing business in our present location on East Fourth Street in Dubuque, Iowa. In our present location we have adequate property to expand our operations or rebuild or remodel our manufacturing facility as necessary. It is our understanding that our property is included in a planned development area which will prohibit expansion or reconstruction or remodeling. Thus, we are very concerned about the actions planned to include our property in such a plarmed development. Therefore, we respectfully request that the City Council delay any action with respect to the property of The Adams Company until the relocation of our facility becomes a reality. Such a delay would be without prejudice to the City as it would become the owner of the property if the relocation is completed. On the other hand, if for some reason the relocation is not completed, the inclusion of om: property in a planned area would greatly jeopardize our Company's present and future opm'ations. Thank you for your consideration of this matter. Sincerely, THE ADAMS COMPANY JOHN C. HENDRY President JCFUj ar BARRY A. LIND AHL~ E~~'/ CORPORATION COUNSEL~,~CITY OF DUBUQUE MEMO To: Michael Van Milligen City Manager DATE: April 11, 2002 RE: Dodds River Terminals, Inc. Mike: You asked me to clarify for you Dennis Dodds' statement in his April 8, 2002 letter that in addition to the lease for the land under the warehouse, Dodds River Terminal, Inc. "has two other sites adjacent to its warehouse which constitutes a mooring site for river barges and land for access from the river to the railroad tracks along Terminal Street and those leases, if timely renewed, would extend to 2018." Dodds River Terminals, Inc. does have a lease for the land under the warehouse which will expire in 2008. Dodds Rive Terminals, Inc. also has a lease dated October 4, 1968 pursuant to which the City leases to the company the "demised premises" shown on the attached drawing. That property is to be used "for the mooring of barges and tows and for the unloading and loading of products." The October 4, 1968 lease also grants to the company "an easement twenty feet (20') in width for pedestrian and vehicular travel across the filled area lying south and east of the Municipal River-Rail Terminal Building along such routes as the Owner may from time to time establish in order to permit ingress and egress to and from the shore frontage covered by this Lease and Agreement.~ The October 4, 1968 lease of the property and the Grant of Easement provides for the option to renew the lease for nine five-year periods. If each of the options is exercised, the lease would terminate in 2018. If you need any additional information, please let me know. Enclosure cc: Mike Koch, Public Works Director SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 583-4113 / FAX (563) 583-1040 / EMAIL BALESQ(~MVVCI.NET BARTELS, McMAHAN ,~ DODDS RIVER TERMINALS, INC. 20 TERMINAL ST, * P.O. BOX 3414 * DUBUQUE, IOWA 52004~3414 PHONE 319-583-9703 * FAX 319-583-9702 April 8, 2002 Mayor Terry Duggan and City Council Dubuque City Hall 13t~ & Central Avenue Dubuque, IA 52001 Re: Dodds River Terminal, Inc. ..c"z. ~.:.!.: co Dear Mayor Duggan and Members of the Council: I am the President and owner of Dodds River Terminal, Inc. This company has in effect leases for the use of a. warehouse, a building owned by Dodds River Terminal, Inc., and situated on land leased from the City. If timely renewed, this lease will nm until 2008. Additionally, Dodds River Terminal, Inc. has two other sites adjacent to its warehouse which constitutes a mooring site for river barges and land for access from the river to the railroad tracks along Terminal Street and those leases, if timely renewed, would extend to 2018. The company is in receipt of the notice of public hearifig and of copies of proposals that will tend to affect the owner's use Of its property adversely from its existing uses and those to which this propen'y has been put by the company and its predecessors since 1958. The owner does not consent to the adoption of the proposals which will limit or restrict the owner's use of the property as it has been used in the past We believe that the imposition of the proposed standard will work an unconstitutional taking of the owner's property without just compensation and we, therefore, voice strong objection to the proposals that would in any way restrict our use of our property without just compensation. We would appreciate it if the Council would delay any decision on this matter until the issue of fair compensation has been adequately addressed. Yours very truly, DODDS RIVER TERMINALS, INC.. Dennis Dodds, President COMPLETE TRANSFER SERVICE BARGE - RAIL - TRUCK * WAREHOUSING & OUTSIDE STORAGE AMENDMENT TO LENSE '~ND AO. EEEMENrl' THIS AMENDMENT TO LEASE AND AGREEMENT. made and entered into in triplicate at Dubuque. lows, on this 4~2c;~-<lay of/~e-~--~e.. , 1968, by and between the CITY OF DUBUQUE, IOWA, a Municifal Corporation, through its Board of Dock Commissioners, hereinafter referred to as the Owner~ and DUBUQUE TWINE COMPANY, an Iowa Corporation, of 20 Termiratl Street, Dubuque, Iowa, hereinafter referred to as the Lessee, W1TNESSETH: THAT WHEREAS, on May 31, 1958 said Owner entered into a written Lease and Agrnsment with J. A. Dodds & Sons, a Partnership, As Lessee! leasing to said Lessee the exclusive use of a section of the shore frontage in the City of Dubuque extending a distance of two hundred (200) feet along the Mississippi River bank and including the former railroad trestle located along said section of said river bank, for a term of five (5) years, from June 1, 1958 to May 31, 1963, with the- optisn of extending said Lease for nine (9) ssecensive periods of five (5) years each, at an annual rental of Six Hundred Dollars ($600.00), together with certain wharfage fees,, and WHEREAS, said Lessee, J. A. Dodds & Sons, duly assigned ~aid Lease and Agree- taunt to the said Dubuque Twine Company by a written Assignment dated July 24, 1963, and said City of Dubuque, bF its Board ~f Dock Commissioners, duly approved said Assignment by its written Approval thereof dated September 23, 1963, and WHEREAS, the option of extending said Lease and Agreement for an additional period of five (5) years, commencing on June 1, 1953 and terminating on May 31, 1968 was duly exercised by J. A. Dodds & Sons by giving said Owner written notice thereof on March 4, 1963, and WHEREAS, dm:lng the Spring of 1965 the platform constructed by said Lessee upon said trestle was washed away by a flood, rendering said trestle useless, and WHEREAS, .the parties hereto desire to amend said Lease and Agreement of May 31, 1~58 so as to eliminate said trestle from the description of the demised premises, to slim- hmte the provision of said Lease and Agreement requiring an anneal rental payment of Slx Hundred Dollars (~600.00) for the use of said trestle, and to describe the section of the shore frontage and property to be coYered by said Lease and Agreement as amended, and WHEREAS, as compared to the proF~ert~ and twenty (20) foot easement covered by maid original Lease and Agreement, said Lease and Agreement. as changed by this Amendment, embraces approximately 3,250 additional square feet of property, ~he rental value of which, compUted at seven cents (7~) per square foot f;er year, is $227.50, for which additional property said Lessee is willing to pay an armual rental of $250.00, .NOW THEREFORE, in consideration of the premises and of the mutual promises of the parties hereto as herein contained, it is hereby mnteally, agreed aa follows: "1. The Owner hereby leases to Dubuque Twine Company, an Iowa Corporation. as Lessee. the exclusive pse of the following described real estate, to-wit: A tract of land southerly and abutting the lease of Dubuque Tank Terminal Comf~ny as outlined in Far.3 of lease and agreement between City of Dubuque through its Board of Dock Commissioners and Dubuque Tank Terminal Company aa dated Dec- ember 7, 1963 Commencing with tile northwest corner of the Eh)ck House of the City of Dubuque Board of Dock Commissioners, thence along the north face of said Dock House -2- to the northeast corner thereof a distance of 79.5 feet, thence southerly and along the east face of said Dock House a distance of 77 .$ feet to the point of beginning of the property to be described, thence continuing southerly along said east face of said Dock House a distance of approximately 135.83 feet, more or less,to the right-of-way llne of the Julisn D~buque Bridge (this right-of-way is 50 feet distant and normal to the center line of said bridge), thence easterly and along said right- of-way of said bridge a distance of 110 feet, more or less, ~hence northerly and parallel to the said east face of said Dock House to the southerly line extended of the aforesaid Dub~qns Tank Termibal Company lease, thence South 87 degrees 45 1/2 minutes West, i10 feet to the l~)iut of beginning, excepting the clearance area around pier No. 18 of the Julian Dubuque grldge which is requlred by the Iowa Highway Commission and is to remain free and clear of any further fill or loadings which might or could cause settlement of the said bridge pier; to be used by said Lessee for the mooring of barges and tows and for the unloading and loading of products, said real estate, together with the appurtenant rights herein granted, to constitute and to b~ hereinafter referred to as the "demised premises". 2. That the Item numbered 1 on pages 1 and 2 of said Lease and Agreement, be and It iS hereby stricken therefrom and the foregoing Item I hereof on pages I and 2 hereof is hereby inserted therein in lieu thereof. 3. That the first four (4) lines of tile Item numbered 3 on page 2 of said Lease and Agreement be and they are hereby stricken, and the following is hereby inserted therein in lieu thereof: "3. The Lessee agrees to Fay the Owner, as rental for said demised premises, the sum of Two Hundred Fifty Dollars ($250.00) i~er year, and the following wlmrfage fees:" 4. That the first sentence of the kern numbered 6 on page 3 of said Lease and Agreemen[ be and it Is hereby stricken, and the folloW,ring ia hereby inserted therein in lieu thereof: "6. As appurtenant to the demised premises, Lessee in hereby granted an easement twenty feet (20') in width for [:ndeatrisn and vehicvlar travel across the filled area lying south and east of the Municipal Rtver-l~ail Terminal Building along such routes as th~ Owner may from time to time establish in order to permit ingress and egress to and from the shore frontage covered by this Lease and Agreement." 5. That Rem numbered 8 on Iago 4, and Item numbered 9 on pages 4 and 5, of said Lease.and Agreement be and they are hereby stricken, for the reason that the trestle therein referred to no longer exists. 6. That there be added to said Lease and Agreement the following paragraph to be known as Item numbered 20 thereof: '20. It ia further ~greed by and betwee~ the parties hereto that the term of this Lease a~d Agreement as amended by this Amendment shall be for a 'period of five (5) years, commencing on June 1, 1968 and terminating on ,May 31, 1973,. and that the first option to be exercised by the Lessee for the first additional successive period of five (5) years, as pro- ,tided by l~em numbered 2 on page 2 of said original Lease and Agreement, shall be exercise~l by said Lessee at least sixty (60) days prior to May 31, 1973." -3- 7. In all other respects (except as changed by this Amendment). the te~ms, provisions and condition~ of said original Lease and Agreement 8hall rmualn unchanged. IN WITNESS WHEREOF, the parties hereto have executed this instrument tn triplicate as of the day aud year above written. CITY OF DUBUQUE, IOWA, A Municipal Corporation, Its Board of Dock Commissioners OWNER DUBUQUE TWINE COMPANY, An Ioy~a Corporation, LESSEE STATE OF IOWA ) ) DUBUQUE COUNTY ) SS: On this 2nd day of February, A. D. 1977, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared James L. Dodds and Gerald. L. Dodds, to me personally known, who being by me duly sworn, did say that they are the President and the Vice President, respectively, of Dubuque Twine Company, an Iowa Corporation; that no seal has been procured by said corporation; amd that the foregoing instrument was signed on behalf of said corporation by authority of its heard of dLrectors; and that the said james L. Dodds and Gerald L. Dodds, as such officers, ackuowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and : o~ary Public-i~ and for the State of Iowa (SEAL) (John K. Chalmers)