Klauer, Roger, Bies Dr. Access 19 Sept. 001
Agent Roger F. Klauer (for his 3 children)
381 Moore Heights
Dubuque, IA Ph #583 7520
Ref. Clarification of Access to the West Side of C-3 Zoned Property,
in C. J. Bies Subdivision
Honorable Mayor and City Council:
In reference to Memorandum Agreement and A/2 and "Exhibit A" drawing or plat
It States 2 "access to this commercial property be limited to only Century Drive as Exhibit A would appear showing Century Drive adjacent to the C-3 commercial property.
However, Bies Drive runs the full length of this C-3 property on the West side.
I do realize it was the City Council & City Zoning & Planning Staff intention to give me access on the West
side of this C-3 property and not land lock me.
I honorable request a clarification of Memorandum Agreement
A) 2) giving me access on the West side, as determined by the City Engineers, with the understanding, when
Century is developed access will only be to Century.
This property could be developed into a fine tax base property and has been in limbo for years.
I do realize you intended to give me acess.
Hopefullly there will be no problems.
Respectfully
Agent Roger F. Klauer
Enclosures (3)
1. Memorandum Agreement
2. Exhibit A
3. Letter
MEMORANDUM OF AGREEMENT
Pursuant to the Iowa Code Section 414.5 (1993), and as an express condition of rezoning of the
property described as shown in Exhibit A:
Shown in Exhibit A, and to the centedine of the adjoining public
rights-of-way, all in the City of Dubuque, Iowa.
which is the subject of Ordinance No. -01, a copy of which is attached hereto and
incorporated herein by reference, the undersigned property owners, agree to the following
conditions, all of which the property owner further agrees are reasonable and are imposed to
satisfy public needs which ars caused directly by the rezoning:
Performance Standards: The following performance standards shall apply to the
subject
property:
1)
That access from Kebbie Drive to the commercial property be eliminated.
That access to the commercial property be~limitad to only Centu D_.q~_~_~.
That a 20-fcot wide green space buffer be provided along the common boundary
with the R-1 Single-Family Residential Zoning District.
4)
That a six (6) foot high stockade fence with 100% opac*rty be installed and
_arborvitae planted along the fence with five feet spacing and a minimum of three
feet in height at planting along the common boundary with the R-1 Single-Family
'Residential District.
Reclassification of the Subject Property. The City of Dubuque, Iowa may_ ~itia_te zonina
~ proceedings to the R-4 Multi-Family Residential Zoning District (which
re. zoning will include the removal of the performance standards in Section A above)~ the.
property owne~r fails to ,co[n~ plete any of the conditions or provisions of this Agreement.
(,.__C(,.__C(,.__C(,.__C(,.__C(,.__C(,.__C(,.__C(,.__C~C~ Mm~°d-----i'~l 'rrmati°~-"ns~""",~r~ Any m°dificati°ns of this Agreemont shall be considered a zoning
c assi~rmation and shall be subject to the provisions of the Zoning Ordinance governing
~cations. All such modifications must be approved by the City Council of
Recordin,q A copy of this Agreement shall be recorded with the Dubuque County
Recorder as a permanent record of the conditions accepted as pert of this rezoning
approval after the adoption of Ordinance No. -01.
E)
Construction. This Agreement shall be construed and interpreted as though it were part of
Appendix A of the Code of Ordinances of the City of Dubuque, also known as the Zoning
Ordinance of the City of Dubuque, Iowa.
F) This. Agreement shall he binding upon the undersigned and his/her heirs, successor and
assignees.
Prepared b~. Laura CarstenS, City Planner Address: City Hall, SO W. 13th 8truer Telephone: S89-4210
, ORD ANCE.O.
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE
CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA, BY RECLASSIFYING
HEREINAFTER DESCRIBED PROPERTY LOCATED ALONG KEBBIE DRIVE FROM R-4
MULTI-FAMILY RESIDENTIAL DISTRICT AND R-1 SINGLE-FAMILY RESIDENTIAL
DISTRICT TO C-3 GENERAL COMMERCIAL DISTRICT, WITH CONDITIONS.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Appendix A (the Zoning Ordinance) of the City of Dubuque' Code of
Ordinances is hereby amended by reclassifying the hereinafter described property as shown
in Exhibit A, and to the center line of the adjoining public rights-of-way, all in the City of
Dubuque, iowa, from R-4 Multi-Family Residential District and R-1 Single-Family Residential
District to C-3 General Commercial District, with conditions described in the Memorandum of
Agreement.~
Section 2. The foregoing amendment has heretofore been reviewed by the Zoning
Advisory Commission of the City of Dubuque, Iowa.
Section 3.
by law.
This ordinance shall take effect immediately upon publication, as provided
Passed, approved and adopted this day of ,2001.
Attest:
Terrance M. Duggan, Mayor
Jeanne F.Schneider, City Clerk
R-4
Propo~
Rezoning
Request
Proposed area to be rezoned
Applicant: Roger Klauer -~. ~'/~,
Location: 9 Vacant LotS along
the east and west sides of Kebbie
Ddve
Description: To rezone property
from R-1 Single-Family Residential
District and R-4 Multi-Family
Residential District to C-3 General
Plamaing Services Deparhnen~
City ~
50 West 13th Street
Dubuque, Iowa 52001-4864
(563) 5894210 office
(563) 5894221 fax
plmming@cityofdubuque.org
September 25, 2001
The Honorable Mayor and City Council Members
City Hall - 50 W. 13th St.
Dubuque, IA 52001-4864
Dear Mayor and City Council Members:
This letter is in regard to the recent rezoning request by Roger Klauer for property
located at the corner of Century Drive and Bies Drive. The City Council recently
received a letter from Mr. Klauer advising that he did want to clarif7 one of the
conditions that were recommended by the Zoning Advisory Commission, and
subsequently approved by the City Council, that would limit access to Century Drive.
The Zoning Advisory Commission recommended approval of Mr. Klauer's request for
rezoning from R-4 Multi-Family Residential District to C-3 General Commercial
District, with several conditions. One of those conditions was to limit access to
Century Drive from the commercial property. The Zoning Advisory Commission had
reviewed a proposed layout for realigning the intersection of Century Drive and Bies
Drive. I believe there may have been some misunderstanding regarding the
Commission's restriction on access to Century Drive. Some Commission members
may not have understood the tentative nature of the project for realigning the two
streets. It is my belief that the Zoning Advisory Commission's true intention was to
allow access to Bies Drive until such time as the realignment of Century Drive and
Bies Drive takes place, and then restricting access to Century Drive only.
It is my request that if the City Council believes it is necessary, the Zoning Advisory
Commission would be glad to review this issue at our November 7, 2001 Zoning
Advisory Commission meeting if the Council believes that referring the matter back to
the Commission would be of some benefit.
Sincerely,
g Bird, Jr., Chairperson
Zoning Advisory Commission