Request to Amend PUD Planned Unit Development_Plaza 20_Hearing Copyright 2014
City of Dubuque Public Hearings # 2.
ITEM TITLE: Request to Amend PUD Planned Unit Development- Plaza
20
SUMMARY: Proof of publication on notice of public hearing to consider
a request from Plaza 20, Inc. to amend the Plaza 20 PUD
Planned Unit Development sign regulations at 2600 Dodge
Street to permit one (1)400 sq. ft. and two (2), 250 sq. ft.
freestanding signs and the Zoning Advisory Commission
recommending approval.
ORDINANCE Amending Title 16, the Unified Development
Code of the City of Dubuque Code of Ordinances by
rescinding Ordinance 13-16 Which Established
Regulations for the Plaza 20 PUD Planned Unit
Development District with a Planned Commercial
Designation and now being amended to allow for
modification of the On-Premise Sign Regulations Applied
to Plaza 20
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion
A
ATTACHMENTS:
Description Type
Commission Memo Staff Memo
Vicinity Map Supporting Documentation
Applicant Material Supporting Documentation
Staff Material Supporting Documentation
Ordinance Ordinance
Exhibit Supporting Documentation
Proof of Publication Supporting Documentation
Suggested Motion Supporting Documentation
Planning Services Department
Dubuque li
City Hall THE CITY OF
50 West 13� Street AI#
Dubuque,IA 52001-4864 ' flap DUB E
(563)589-4210 phone
(563)58911221 fax mo>•mu•mn Masterpiece on the Mississippi j
(563)690-6678 TDD
pllanning@cityofdubuque.org
October 7, 2016
The Honorable Mayor and City Council Members
City of Dubuque
City Hall — 50 W. 13th Street
DubuquelA 52001
Applicant: Plaza 20, Inc. /Sara Hutchinson
Location: 2600 Dodge Street
Description: To amend the Plaza 20 PUD sign regulations to permit one (1)400 square foot
and two (2) 250 square feet freestanding signs.
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, noting that with the construction of a new 50,000
square foot building and the potential need to find new tenants for the existing 112,000 square
foot building occupied by K-Mart, new and expanded freestanding signage is necessary. The
applicant provided a handout with renderings of the proposed signage. A copy of the handout is
attached.
Staff reviewed the staff report, noting the existing signage, setback of the commercial plaza
from Highway 20, and surrounding land use. Staff reviewed the proposed changes and spacing
of the existing freestanding signs, noting that the number of freestanding signs are not
increasing, only the square footage allowed for two of the signs. Staff noted there is
approximately 300 feet of separation between the proposed signage and the closest residential
property.
There were no public comments.
The Zoning Advisory Commission discussed the request, and felt it was appropriate.
Recommendation
By a vote of 7 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.
Re�specctfulls-- lyy submitted,
Z Ar6
Thomas Henschel, Chairperson
Zoning Advisory Commission
Attachments
cc: Todd Carr, Building Services Manager
Service People Integrity Responsibility Innovation Teamwork
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Applicant: Sara Hutchinson
7 '" Location: 2600 Dodge Street
Description: To amend the Plaza 20
PUD sign regulations to permit one
(1) 400 sq. ft. and two (2), 250 sq. ft.
' + freestanding signs.
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Phone: 563-589-4210
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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
Rezoning/PUD/ID ❑Major Site Plan ❑Historic Housing Grant ❑Port of Dubuque Design Review
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Legal Description(Sidwell parcel ID#or lot number/block number/subdivision):
Total property(lot)area(square feet or acres):
Describe proposal and reason necessa attach a letter of explanation, if needed): u
CERTIFICATION: I/we,the undersigned d, o hereby certi / knowledgee that: Arm},����-� �,�,
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4. All additionritten a d ap i aterials are attached. Q �/�Property Owner( Dater)�y 1
Applicant/Agent: Date:
FOR OFFICE USE ONLY-APPLICATION SUBMITTAL CHECKLIST
Fee: Received by: Date91 ket:
i
Plaza 20 Inc
Shopping Center on US HWY 20
2600 Dodge Street Phone 563 582 3126
Dubuque Iowa 52003 Fax 563 582 3000
August 29,2016
Please accept this proposal to amend the Plaza 20 Planned Commercial district sign
regulation permit to accommodate the following:
1. Dodge St Pylon sign - (former DBQ Restaurant sign) to be increased to 250
square feet.
2. Pylon#1 - (current K-mart sign) to be increased to approximately 400 square
feet.
3. Pylon#2- (current Sav-A-Lot sign) to be increased to 250 square feet.
Attached are drawings of proposed increased signage and an aerial map with legend
and symbols to represent signage locations.
The circumstances affecting the property have changed enough since 1960 to warrant a
rezoning in the public interest. The following facts support our request:
We are a 200,000 square foot shopping center located on 67 acres of land. We have
several groups of buildings. Those buildings are spread out and set back from HWY 20
visibility. Currently, we are under construction on an additional 15,000 SF of retail.
Phase two includes expansion our retail square footage by 50,000 SF. The long term
strategy is to increase the scope of our development to the south. This potential mixed-
use development will also require signage for visibility.
The nature of retail has changed in the last decade. Retailers are decreasing the physical
size of their businesses. They are buying more products online so there is a real case for
downsizing stores and an emphasis on smaller stores. For example,would Plaza 20
want to replace an existing 110,000 SF retailer, it would likely need 3 tenants with 36,000
square feet. Each of those tenants would require a reasonable sized sign on HWY 20.
With increase retail development, will come more traffic to our site. We are concerned
with safety of motorists and their ability to easily locate our tenants.
N
SITE PLAN
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1. Harbor Freight Pylon sign
2. K-mart Pylon sign
3. Save-A-Lot Pylon sign
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Existing 80 sq. fit. cabinet
Proposed cabinet Proposed 44 sq. -Ft. cabinet
Dubuque
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HE OF
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Masterpiece on the Mississippi
zoiz
September 27, 2016
TO: Zoning Advisory Commission
FROM: Guy Hemenway, Assistant Planner
SUBJECT: Amended Sign Regulations for Plaza 20
INTRODUCTION
The management of the Plaza 20 shopping center is requesting an amendment to the
sign regulations for the plaza that will increase the square footage on three of the four
permitted freestanding signs. The Plaza 20 PC Planned Commercial district is
comprised of 4 large commercial buildings with approximately 220,000 square feet of
retail space on approximately 26 acres of land. The plaza has approximately 1,000
feet of frontage along the frontage road that runs parallel to Dodge Street. There are
several commercial lots that intervene between the frontage road and the plaza
obstructing the view to the plaza from Dodge Street.
DISCUSSION
Currently, the Plaza 20 PC Planned Commercial district sign regulations permit the
development to have one, 300 square foot center sign and three, 100 square feet each,
secondary tenant signs. All freestanding signs are limited to a maximum of 40 feet in
height and must be a minimum of 100 feet apart. The applicant is proposing to amend
the plaza's sign regulations to permit one, 400 square foot center sign and two, 250
square feet each secondary tenant signs. The fourth sign would remain 100 square feet
in area. The signs would continue to be limited to 40 feet in height with a minimum of
100 feet of separation.
The sign reconfiguration is being done, in part, to address the signage needs of a new
multi-tenant commercial building being developed at the east end of the plaza. The new
multi-tenant building will ultimately have three large commercial spaces. The largest
commercial building currently on the site (K Mart et. al.) is located in excess of 600 feet
from Dodge Street and the base elevation of the building is 12 feet below the street
grade.
The three signs proposed are numbered and are located on a map submitted by the
applicant. Sign No. 1 (400 sq. ft.) is the primary center sign and is located in at the
mid-point of the frontage road, sign No. 2 (250 sq. ft.) is located at the east end of the
plaza and serves as a multi-tenant sign for the new building and sign No. 3 (250 sq. ft.)
Memo to Zoning Advisory Commission Plaza 20 Sign Regulations
Page 2
is located along the frontage road between the gas station and sub shop. The existing
100 sq. ft. sign is located next to the Dunkin Donuts restaurant drive through along the
Devon Street extension into the plaza.
The applicant notes that the additional sign square footage is needed to adequately
advertise the plaza's name, and primary and secondary tenants to the motoring public
along Dodge Street. The signs will be placed along a major arterial, in a highly
commercialized corridor and will be located across the Dodge Street right-of-way
approximately 300 feet south of the nearest residential property.
RECOMMENDATION
Planning staff recommends the Zoning Advisory Commission review the attached
information and determine if the additional sign area is appropriate for this commercial
development.
Prepared by Guy Hemenway, Assistant Planner
Attachments
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: October 7, 2016, and for which the charge is $22.99. CITY oF,DUBUQUE,
IOVGA
AFFICIgLNOTlCE`
NOTICE IS�"HEREBY
GIVEN that the Dubu-
que City Council will
conduct a public(h6 r-
ing at a meeting to ! {
CO, at 6 00 p m. l
on October 17 2016 in l
the Historic Federal
Building Council' ham-
bers (second• floor),
350 West 6th Street,on
the following:
Ammend ID 1 stitu
t�onai Qes4rict
Request from"Dyvi94
Ducksten, CHFM, to '
Subscribed to before me Notary Public in and for Dubuque County, Iamend the Finley Hes-
� a y //q owa> petal ID sign regula y
this day of �� 20 <IG+ tions at 1550/1560 Uni-
1 versity Avenue to.per;
mit two{2) additional,
50 sq,ft':II-.mountetl '
signs andone (1), ,80',
sft`;�el
q even,(11)foot
high monument :style
sign to the.Kehl Diabe-
tes Center building.
Amend "PUD r Plan-
ned Unit:,Develop-
Notary Public in and for Dubuque County, Iowa. meat.
,Request from'Sara
Hutchinson to amend
the Plaza 20 PUD sign
regulations at 2600
Dodge Street to permit
one (1)400 sq.ft.and
two,(?),250 sq.ft.free
- standing signs.
t'RS tem")f,^Ea written comments re
l�� �a garding the abovepub-
Ii he`;hearings may be
17 ( submitted°to the:Cit
_j Clerks Office:,50 W:
13th.�St.;M DubugtT2;�;l�o;i i
52001'omor before`saia%i
time of public hearing.
At said time•and place
of public hearings all
interested citizens and'
parties will be given an'
opportunity ' to be
heard, for, or against,j
said;actions:
Copies of supporting
documents for the pub- l
lic'hearings are,on file''
in the City Cl'erk's`OT
flce; City~Hall,'S0 W.
13th`Street, Dubuque,
and may be viewed'i
C dunng,regulaP working )
hours.:..
Any visual or hearing"
impaired;,,• persons.
needing,specia1 assis
tance or''per`sons with
special accessibility,'
'needs should contact
the City Clerk's Office
at i (563)589-4100 or tl
TTY (563) 690-6678 at {
least 48 hours prior to�
the meeting:
Kevin S.Firnstahl, 1
CIVIC'City Clerk j
1t10/7
f�
I
11111111111
i
Doc ID: 008534340008 Type: GEN
Kind: ORDINANCE
Recorded: 10/20/2016 at 01:40:38 PM
Fee Amt: $42.00 Page 1 of 8
Dubuque County Iowa
John Murphy Recorder
F11e2016-00014173
Prepared by: Laura Carstens, City Planner Address: 50 W. 13th St., Citv Hall Telephone: 589-4210
Return to: Kevin Firnstahl, City Clerk, Address: City Hall- 50 W. 13th Street Telephone: 589-4121
ORDINANCE NO. 51-16
AN ORDINANCE AMENDING TITLE 16, THE UNIFIED DEVELOPMENT CODE OF THE
CITY OF DUBUQUE CODE OF ORDINANCES BY RESCINDING ORDINANCE 13-16
WHICH ESTABLISHED REGULATIONS FOR THE PLAZA 20 PUD PLANNED UNIT
DEVELOPMENT DISTRICT WITH A PLANNED COMMERCIAL DESIGNATION AND
NOW BEING AMENDED TO ALLOW FOR MODIFICATION OF THE ON -PREMISE SIGN
REGULATIONS APPLIED TO PLAZA 20
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 13-16 which established
regulations for the Plaza 20 Planned Unit Development District with a Planned Commercial
District designation, and now being amended to allow modification of the on -premise sign
regulations applied to Plaza 20, to wit:
A. Use Regulations
The following regulations shall apply to all uses made of land in the
above-described Planned Unit Development:
Principal permitted uses: The following uses are permitted in the Plaza
20 Planned Unit Development:
1. Regional shopping center
2. Retail sales/service
3. Indoor restaurant
4. Drive-in/carry-out restaurant
5. General offices
6. Indoor recreation
7. Outdoor recreation
8. Auto sales and service
LicE?? Grou/ ala,r)L,
Plaza 20 PUD Ordinance No. 51-16 Page 2
9. Auto service centers
10. Automated gas station
11. Self-service car wash
12. Business services
13. Hotel
14. Motel
15. Auditorium or assembly hall
Accessory Uses: The following accessory uses are permitted in the
Plaza 20 Planned Unit Development:
1. Any use customarily incidental and subordinate to the principal use it
serves.
2. Outdoor seating as part of an indoor restaurant, bar or tavern.
Conditional Uses: The following conditional uses are permitted in the
Plaza 20 Planned Unit Development, subject to the provisions of Section 8
of the Unified Development Code that establishes requirements for
application to the Zoning Board of Adjustment fora conditional use permit,
and any other specific conditions listed below for a conditional use.
1. Licensed child care centers, provided that:
a. Such facility shall supply loading and unloading spaces so as
not to obstruct public streets or create traffic or safety hazards;
b. All licenses have been issued or have been applied for and are
awaiting the outcome of the state's decision; and
c. Such use shall not be located within the same structure as any
gas station, bar/tavern, .automated gas station or any facility
selling, servicing, repairing, or renting vehicles.
d. The conditional use applicant certifies that the premises on
which the licensed child care center will be located complies
with, and will for so long as the licensed child care center is so
located, continue to comply with all local, state and federal
regulations governing hazardous substances, hazardous
conditions, hazardous wastes,,and hazardous materials.
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
Plaza 20 PUD Ordinance No. 51-16 Page 3
kept or stored on the premises, the applicant shall also post in
a conspicuous place on the premises a notice indicating a
description of the extremely hazardous substances, and the
physical and health hazards presented by such substances.
f. Applicant shall submit an evacuation plan for approval by the
City, both written and drawn, that details where the children will
go in the event of a hazardous materials incident. The plan
shall include a "house in place" scenario in which the children
can be kept safely within a room of the building that has no
penetration to the outside (windows, doors, etc).
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.
g.
B. Lot and Bulk Regulations.
The following bulk regulations shall apply in the Plaza 20 Planned Unit
Development, subject to the provisions of the Unified Development Code.
1. All shopping center buildings, structures, and activities shall be
developed in substantial conformance with previously approved
conceptual development plan(s).
2. All shopping center buildings and structures shall be limited to a
maximum height of 40 feet.
3. All buildings and structures located on out Tots shall be developed in
compliance with the bulk regulations of the C-3 General Commercial
district.
C. Sign Regulations.
1. The provisions of the City of Dubuque Unified Development Code,
Section 15 Signs shall apply unless further regulated by this section.
2. On -premise signs: On -premise signs shall be regulated in
accordance with the provisions of Exhibit A.
3. Off -premise signs: Off -premise signs shall be prohibited.
4. Variances: Variances from sign requirements for size, number, and
height may be requested. Such variances shall be reviewed by the
Zoning Board of Adjustment in accordance with Article 8-6 of the
Unified Development Code.
D. Parking Regulations
Plaza 20 PUD Ordinance No. 51-16 Page 4
1. Parking requirements for Plaza 20 shall be one space per 250
square feet of retail space accessible to the general public.
2. All vehicle -related features shall be surfaced with standard or
permeable asphalt, concrete, or pavers.
3. Curbing and proper surface drainage of storm water shall be
provided.
4. All parking and loading spaces shall be delineated on the surfacing
material by painted stripes or other permanent means.
5. The size and design of parking spaces shall be governed by
applicable provisions of the Unified Development Code enforced at
the time of development of the lot.
6. The number, size, design, and location of parking spaces
designated for persons with disabilities shall be according to the
local, state, or federal requirements in effect at the time of
development.
7. Parking requirements for businesses located on out lots shall comply
with the provisions of Section 14 of the Unified Development Code.
E. Site Lighting
1. Exterior illumination of site features shall be limited to the
illumination of the following:
a. Parking areas, driveways and loading facilities.
b. Pedestrian walkway surfaces and entrances to building.
c. Building exterior.
2. Location and Design
a. All exterior lighting luminaries shall be designed and installed
to shield light from the luminaries at angles above 72 -degrees
from vertical.
b. Fixtures mounted on a building shall not be positioned higher
than the roofline of the building.
c. All electrical service lines to posts and fixtures shall be
underground and concealed inside the posts.
Plaza 20 PUD Ordinance No. 51-16 Page 5
F. Exterior Trash Collection Areas
1. The storage of trash and debris shall be limited to that produced by
the principal permitted use and accessory uses of the lot.
2. All exterior trash collection areas and the materials contained therein
shall be visually screened from view. The screening shall be
completely opaque fence, wall or other feature not exceeding a
height of 10 feet measured from the ground level outside the line of
the screen. Screens built on sloping grades shall be stepped so that
their top line shall be horizontal. All exterior entrances to a screened
trash area shall be provided with a gate or door of similar design to
that of the screen.
G. Performance Standards
The development and maintenance of uses in this Planned Unit
Development shall be established in conformance with the following
standards.
1. That the east side of Plaza 20 adjacent to the new retail space be
planted with species of shade trees that will provide an effective
screen in thefuture between the commercial plaza and residential
properties to the east.
2. Platting: Subdivision plats shall be submitted in accordance with
Section 11 Land Subdivision of the City of Dubuque Unified
Development Code.
3. Site Plans: Final site development plans shall be submitted in
accordance with Section 12 Site Plans and Section 13 Site Design
Standards of the City of Dubuque Unified Development Code prior to
construction of each building and vehicle -related feature unless
otherwise exempted by Article 12.
4. Storm Water Conveyance: The developer of each lot shall be
responsible for providing surface or subsurface conveyance(s) of
storm water from the lot to existing storm sewers or to the flow line
of open drainage ways outside the lot in a means that is satisfactory
to the Engineering Department of the City of Dubuque. Other
applicable regulations enforced by the City of Dubuque relative to
storm water management and drainage shall apply to properties in
the Planned Unit Development.
H. Other Codes and Regulations
Plaza 20 PUD Ordinance No. 51-16 Page 6
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.
I. Transfer of Ownership
Transfer of ownership or lease of property in the Plaza 20 PUD shall
include in the transfer or lease agreement a provision that the purchaser
or lessee acknowledges awareness of the conditions authorizing the
establishment of the District PUD.
J. Recording
A copy of this PUD Ordinance shall be recorded, at the expense of the
property owner, with the Dubuque County Recorder as a permanent
record of the conditions accepted as part of this reclassification approval.
This ordinance shall be binding upon the undersigned and his/her heirs,
successors and assigns.
Section 2. The foregoing amendment has heretofore been reviewed by the
Zoning Advisory Commission of the City of Dubuque, Iowa.
Section 3. The foregoing amendment shall take effect upon publication, as
provided by law.
Passed, approved and adopted this 17th day of Octo• •r, 2016.
Attest:
lei vire
Kevi6 °Firnstahl, City
Roy D. c 'ol, Mayor
PLAZA 20 SIGN REGULATIONS
EXHIBIT A
Type
Content
Height
Lighting
Motion
No. of Signs
Max. Area
Location
On -Premise
Freestanding
Shopping Center
identification/or
identification of
tenants with at
least 10,000
square feet in
floor area
Maximum 40
feet
Externally or
internally
allowed, no
interm ittent
allowed.
No motion
allowed.
Max 1 identification center
sign/premises.
Max. 2 tenant identification
signs/premises:;
Max: 1 tenant identification
sign/premises.
400 square feet
in total size each
side.
250 square feet
in total size each
side.
100 square feet
per sign panel.
Min. "100 feet
distance
between signs
subject to
approval by
Plaza 20
consistent with
this Ordinance
and regulations:
Freestanding
Directional signs.
10 feet
Internally
only, no
intermittent
allowed.
No motion
allowed.
Not specified.
6 square feet
per sign panel
Not specified.
Wall -
Mounted
Identification
signs for
business, retail,
and service uses.
Not to extend
above top of
parapet wall.
Externally or
internally
allowed, no
interni ittent
allowed.
No motion
allowed.
Under 5,000 square feet
floor area,. 1 sign per each
business/store per
frontage on internal drives.
Over 5,000 square feet
floor area, 2 signs per
each business/store per
frontage on internal drives.
Total allowable
sign area shall
not exceed 10%
of area of wall
parallel and/or
closest to
frontage on.
Internal drives
not to exceed a
max. of 650
square feet.
Any store front
location
consistent with
this Ordinance
and regulations.
If 2 sides of
leased area face
internal
frontage, then
may install signs
oneach side.
Directional signs.
mounted or
or
projecting
Below eave or
parapet.
No
intermittent
allowed.
No motion
allowed.
Not specified.
6 square feet
per sign panel
Not specified.
Under
canopy
Identification
signs for
business, retail
and service uses.
Mounted to
provide not
less than 8
feet clearance
as measured
from the
ground.
Internal
only, no
intermittent
allowed
No motion
allowed.
1 single or double-faced
sign per premises.:
Tenants with 2 sides of
leased area facing internal
frontage may install up to
2 single or double-faced
signs.
Not to exceed 6
square feet in
area.
Mounted under
canopy.
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. 51-16 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 18th day of October, 2016.
Kevin (. Firnstah C fa'City Clerk
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: October 21, 2016, and for which the charge is $112.71.
Subscribed to before me, a Notary P lic in and for Dubuque County, Iowa,
this day of & , 20 /j .
Notary Public in and for Dubuque County, Iowa.
OFFICIAL
PUBLICATION
ORDINANCENO. 51-16
AN ORDINANCE
AMENDING TITLE 16,
THE UNIFIED DEVEL-
OPMENT CODE OF
THE CITY OF DUBU-
QUE CODE OF ORDI-
NANCES BY RESCIND-
ING ORDINANCE 13-
16 WHICH ESTAB-
LISHED REGULA-
TIONS FOR THE PLA-
ZA 20 PUD PLANNED
UNIT DEVELOPMENT
DISTRICT WITH A
PLANNED COMMER-
CIAL DESIGNATION
AND NOW BEING
AMENDED TO ALLOW
FOR MODIFICATION
OF THE ON -PREMISE
SIGN REGULATIONS
APPLIED TO PLAZA
20 r
NOW, THEREFORE, BE
IT ORDAINED BY THE
CITY COUNCIL OF THE
CITY OF DUBUQUE, 10 -
WA:
Section 1. That Title
16, the Unified Devel-
opment Code ' of the
City of Dubuque Code
;of Ordinances is here-
by amended by
rescinding •Ordinance
13-16 which establish-
ed regulations for the
Plaza 20 Planned Unit
Development'- District
with a Planned Com-
mercial District desig-
nation, and now being
amended . to allow
modification of the on -
premise sign regula-
tions applied to Plaza
20, to wit:
A. Use Regulations
The following regula-
tions shall apply to all
uses made of land in
the above-described
Planned Unit Develop-
ment:
Principal permitted
uses: The following
uses are permitted in
the Plaza 20 Planned
Unit Development:
1. Regional shopping
center
2. Retail sales/service
3. Indoor restaurant
4. Drive-in/carry-out
restaurant
5. General offices
6. Indoor recreation
7. Outdoor recreation
8. Auto sales and
service
9. Auto service cen-
ters
10. Automated gas
station
11. Self-service car
wash
12. Business services
13. Hotel -
14. Motel
15. Auditorium or as-
sembly hall
Accessory Uses: The
following accessory
uses are permitted in
the Plaza 20 Planned
Unit Development:
1. Any use customari-
ly incidental and subor-
dinate to the principal
dse"it serves.
2. Outdoor seating as
part of an indoor res 1
taurant, bar or tavern.
Conditional Uses:
The following condi-
tional uses re,pengjt-,
ted in the Plaza 20
}planned Unit Develop-
ment, subject to the
provisions of Section 8
of the Unified Develop-
ment Code that estab-
lishes requirements for
application to the Zon-
ing Board of Adjust-
ment for a conditional
use permit, and any
ether , specific condi-
tions listed below for a
conditional use.
1. Licensed child care
centers, provided that:
a. Such facility shall
supply loading and un-
loading 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
I are: awaiting the out-
come of the state's de-.
cision; and
c. Such use shall not
be located within the
I same structure as any
gas station, bar/tav-
Ii ern, automated gas
station or any facility
1 selling, servicing, re
-
1 pairing, or renting ve
hicles.
.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 li-
censed child care cen-
ter is so located, con-
tinue to comply with all
local, state and federal
regulations ' governing
hazardous substances,
hazardous • conditions,
hazardous wastes, and
hazardous materials.
e. If the applicant is
subject to the require-
ments of Section 302 of
the Superfund Amend-
ments and Reauthori-
zation Act of 1986, as
amended, the Emer-
gency Management Di-
rector shall certify
whether or not the ap-
plicant has submitted a
current inventory of
extremely hazardous
substances kept or
stored on the prem-
ises. If any such ex-
tremely hazardous
substances are kept or
stored on the prem-
ises, the applicant shall
also post in a conspicu-
ous place on the prem-
ises a notice indicating
a description of the ex-
tremely hazardous
substances, and the
physical and health
hazards presented by
such substances.
f. Applicant shall sub-
mit an evacuation plan
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 (win-
dows,'doors, etc).
g. Applicant shall sub-
mit plans for approval
Legal Notices
by the City that indi-
cate the installation of
a . main emergency
shut-off switch for the
heating, ventilation,
and air conditioning
(HVAC) system to mini-
mize the infiltration
risk of airborne hazard- ''
ous materials.
B. Lot and Bulk Reg-
ulations.
The following bulk
regulations shall apply;,
in the Plaza 20 Planned
Unit Development, sub-
ject to the provisions of
the Unified Develop-
ment Code.
1. All shopping center
buildings, structures,
and activities shall be
developed in substan-
tial conformance with:
previously approved
conceptual develop
ment plan(s).
2. All shopping center
buildings and struc-
tures shall be limited ^,
to a maximum height
of 40 feet.
3. All buildings and
structures located on
out lots shall be devel-
oped in compliance
with the bulk regula-
tions of the C-3 General
Commercial district.
C. Sign Regulations.
1. The provisions` of
the City of Dubuque
Unified ' Development
Code, Section 15 Signs
shall apply unless fur-
ther regulated by this'
section. 1
2. On -premise signs:
On -premise signs shall
be regulated in accord-
ance with the provi-
sions of Exhibit A.
rovisionsofExhibitA.
3. Off -premise signs:
Off -premise signs shall
be prohibited.
4. Variances: Varian-
ces from sign require-
- ments
equire-'ments for size, num-
ber, and height maybe`
requested. Such var-
iances shall be re,
viewed by the Zoning
Board of Adjustment in
accordance with Arti-
cle 8-6 of the Unified
Development Code.
D. Parking Regula-
tions
1. Parking require- 1
ments for Plaza 20 1
shall be one space, per
250 square feet of 're-
tail space accessible to
the general public.
2. All vehicle -related
features shall be sur-
faced with standard or I
permeable asphalt,
concrete, or pavers.
3. Curbing and proper
surface drainage of
storm water shall be
provided.
4. All parking and
loading spaces shall be
delineated on the sur-
facing material by
painted stripes or oth-
er permanent means.
5. The size and design
of parking spaces shall
be governed by appli-
cable provisions of the
Unified Development
Code enforced at the
time of development of
the lot.
6: The number, size,
design, and location of
parking spaces desig-
nated for persons with
isAlliitio5 04JI,be,ac-
cording to the local,
state, or federal re-
quirements in effect at
the time of . develop-
ment.
7. Parking require-
ments for businesses
located on out lots I
shall comply with the
provisions of Section
14 of the Unified Devel-
opment Code.
evel-opmentCode.
E. Site Lighting
1. Exterior illumina-
tion of site features
shall be limited to the
illumination of the fol-
lowing:
a. Parking areas,
driveways and loading
facilities.
b. Pedestrian walk-
way surfaces and en-
trances to building.
c. Building exterior.
2. Location and De- i
sign
a. All exterior lighting
luminaries shall be de-
signed and installed to
shield light from the lu-
minariesat angles
above 72 -degrees from
vertical.
b. Fixtures mounted
on a building shall not
be positioned higher
than the roofline of the
building.
c. All electrical serv-
ice lines to posts and
fixtures shall be under-
ground and concealed
inside the posts.
F. Exterior Trash
Collection Areas
1. The storage of
trash and debris shall
be limited to that pro-
duced by the principal
permitted use and ac-
cessory uses of the lot.
2. Allexteriortrash
collection areas and 1i
the materials con-
tained therein shall be
visually screened from
view. The screening
shall" be completely
opaque fence, wall or
other feature not ex-
ceeding a height of 10
feet measured from
the ground' level out-
side the line of the
screen. Screens built
on sloping 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 simi-
lar design to that of the
screen.
G. Performance
Standards
The development and
maintdnance of uses in
this Planned Unitt.De-
velopment shall be es-
tablished in conform-
ance with the following
standards.
1. That the east side
of Plaza 20 adjacent to
the new retail space be
planted with species of
shade trees' that will
provide an effective
screen in the future be-
tween th commercial'
plaza an residential
properties to the east.
2. Platting: Subdivi
sion plats shall be sub-
mitted in accordance
with Section 11 Land
Subdivision of -the City
of Dubuque Unified De-
velopment Code.
3. Site Plans: Final
site development plans
shall be submitted in
accordance with Sec-
tion 12 Site Plans and
Section 13 Site Design
Standards of the City
of Dubuque Unified De-
velopment Code prior
to construction of each
building and vehicle -
related feature unless
otherwise exempted by
Article 12.
4. Storm Water Con-
veyance: The develop-
er of each lot shall be
responsible for provid-
ing surface or subsur-
face conveyance(s) of
storm water from the
lot to existing storm
sewers or to the flow
line of open drainage
ways outside the lot in
a meansthat is satis-
factory to the Engi-
neering Department of
the City of Dubuque.
,Other applicable regu-
lations enforcedby the
City of Dubuque rela- 1
tive to storm water
management and'
drainage shall apply to 1
properties in the Plan-'
ned Unit Development.
H. Other Codes and
Regulations
1. Service Lines. All
electric, telephone, ca-
ble, or other similar
utility lines serving the
building and other site
features shall be locat-
ed underground, where
feasible.:;
2. These regulations
do riot relievethe own-
er from other applica
ble city, county, state
or federal codes, -regu-
lations, laws and other
controls relative to the
planning,; construction,
operation and manage-
ment of property with-
in the city of Dubuque.
I. Transfer of Own-
ership
Transfer of ownership
or lease of property in
the Plaza 20 PUD shall
include in the transfer
or lease agreement a
provision that the pur-
chaser or lessee ac-
knowledges awareness
of the conditions au
thorizing the establish-
ment of the District
PUD.
J. Recording
A copy of this PUD Or-
dinance 'shall be re-
corded, at the expense
of the property owner,
with the Dubuque
County Recorder as a
permanent record of
the conditions accept-
ed as part of this re-
classification approval.
This ordinance shall be
binding upon the un-
dersigned and his/her,
heirs, successors and
assigns.
Section 2. The forego-
ing amendment has
heretofore been re-
viewed by the Zoning
Advisory Commission
of the City of Dubuque,
Iowa.
Section 3. The forego-
ing amendment shall
take effect upon pubil
s/
trgn,,,t PtpttWec by -i
aw.
Passed, approved and
adopted this 17th day
of October, 2016.
AnesOctober,
20 in.S. ayor;
Firnstahl, City Clerk
Published officially in
the Telegraph Herald
newspaper on the 21st
day of October, 2016.
/s/Kevin 5' City Clerk;
it 10/21 �i