Zoning 2728 Asbury, Fountain PPlanning Services Department
50 West 13th Street
Dubuque, Iowa 5200I~t864
Phone (319) 5894210
Fax (319) 5894221
Mamh 14, 2001
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque, IA 52001
Applicant:
Location:
Description:
Calvary Baptist Chumh - Robert Mace, Pastor
2728 Asbury Road
To rezone property from R-1 Single-Family Residential District to OC Office
Commercial 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
The applicant spoke in favor of the request, indicating that the property has been for sale for over a
year. He noted that it is difficult to find a use for the site that can utilize four acres andit.h.e buildings
on the site and still be compatible with the neighborhood. The applicant reviewed a preliminary site
layout. He reviewed types of businesses that may be interested in the property. Staff~reviewed the
surround ng zen ng and land use and the intent of the OC Office Commercial District.
The Zoning Advisory Commission discussed the request, noting that redevelopment of the property
in a manner that is compatible with surrounding property would benefit the community. The
Commission reviewed traffic, perking and screening issues. The Commission discussed permitted
uses in the OC District, and then debated potential conditions that would mitigate possible negative
impacts. The consensus was that prohibiting bars and taverns would benefit the neighborhood.
Commissioners also agreed that the existing buildings should remain, and not be allowed to be
demolished for a new development, to meet the intent and purpose of the OC district.
Recommendation
By a vote of 6 to 0, the Zoning Advisory Commission recommends that the City Council approve the
request with two conditions:
1)
2)
Bar/taverns are prohibited.
Demolition of existing structures is prohibited, except as indicated by the dashed lines on
the preliminary site plan dated 2/20/01.
A simple majodty vote is needed for the City Council to approve the request.
Respectfully submitted,
Zoning Advisory Commission
Attachments
Service People Integrity Responsibility Innovation Teamwork
Prepared by: Laura Carstens, Ci~ Plannm' Address: 50 W. 13'dl St.. City Fill Telephone: 589-4210
ORDINANCE NO. 17-01
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF
THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING
HEREINAFTER DESCRIBED PROPERTY LOCATED AT 2728 ASBURY ROAD
FROM R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT TO OC OFFICE
COMMERCIAL DISTRICT, WITH CONDITIONS.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque
Code of Ordinances is hereby amended by reclassifying the hereinafter described
pmpedo/from R-1 Single-Family Residential District to OC Olfice Commercial District,
wflh conditions, to wit:.
Lot I of Lot I of Lot 2 of Saint Rose Place, and to the centerline of the
adjoining public right-of-way, all in the city of Dubuque, lo*wa.
Section 2. The foregoing amendment has heretofore been reviewed by the
Zoning Advisory Commission of the City of Dubuque, iowa.
Section 3. This ordinance shall take effect immediately upon publication, as
Passed, approved and adopted this 19th day of March ,2001.
Terrance M. Duggan, Mayor
Jeanne F. Schneider, City Clerk
ACCEPTANCE OF ORDINANCE NO, 17-01
We, Thomas Kane, .loseph Small and Mark Tr~essel, represenMng Fountain Park,
LLC, having mad the terrrm and conditions of the foregoing Ordinance No. ~ 7. -01,
and be~ncj famsT~ar with the condrdons therefore, hereby accept this same and agree to
the condi~ ~qui~d therein.
Dated in Dubuque, Iowa this 16 day of March .2001.
By:
FOUNTAIN PARK, LLC
/s/ Thomas Kane
/s/ Joseph Small
/s/ Mark Tressel
MEMORANDUM OF AGREEMENT
Pursuant to the Iowa Code Section 414.5 (1993), and as an express condition of rezoning
of the property clescHbed as:
Lot i of Lot I of Lot 2 of Saint Pose Place, and to the centerline of the
adjoining public right-of-way, all in the Oty of Dubuque, Iowa.
which is the subject of Ordinance No. 17 -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 am reasonable and are imposed
to satisfy public needs which are caused directly by the rezoning:
Performance Standards. The following performance standards shall apply to the
subject property:
1) Bars/tavems are prohibited.
2) Demolition of existing structures is prohibited, except as indicated by the dashed
lines on the preliminary site plan dated 2/20/01.
B)
Reclassification of the Subject Property. The City of Dubuque, Iowa may initiate
zoning reclassification proceedings bo the R-1 Single-Family Residential Zoning
District (which rezoning will indude the removal of the performance standards in
Section A above) if the pmpe~y owner fails to complete any of the conditions or
provisions of this Agreement.
c)
Modifications. Any modifications of this Agreement shall be considered a zoning
reclassification and shall be subject to the provisions of the Zoning Ordinance
governing zoning reclassifications. All such modifications must be approved by the
C~ Coundl of Dubuque, Iowa.
Recording. 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 within ten (10) days of the adoption of Ordinance No. 17 -01.
Construction. This Agreement shall be construed and interpreted es though it were
part of Appendix A of the Code of Ordinances of the Qb/of Dubuque, also known as
the Zoning Ordinance of the City of Dubuque, Iowa.
This Agreement shall be binding upon the undersigned and his/her heirs, successor
and assignees.
ACCEPTANCE OF ORDINANCE NO. 17-01
I, Robert Mace, Pastor, representing Calvary Baptist Church, property owner,
having read the terms and conditions of the foregoing Ordinance No. 17 -O1 and
being familiar ~ the conditions thereof, hereby accept this same and agree fo the
conditions required therein.
Dated in Dubuque, Iowa this 15th day of March, 2001.
By: /s/ Robert Mace, Pastor
Calvory Baptist Church
Pl~lnlng Services Oepar
Dubuque IA 52001.
Phone:
Fax: 'ql 9-58g-
V~r[anc¢
C~ndRJon,~l Use ParmR
Special Exception
Limited Setback Waiver
PLANNING APPLICATION FORM
.l~Rezoni,*g
Planned District
Preliminary Plat
Minor Final Plat
Text Amendment
Simpie Site Plan
Min~,r Sile Plan
Major Site
Major Final PIat
Simple Subdivision
Annexation
Temporary USe Permit
CertificaIe oF Appropdeleness
CeFtificJz~e or' Economic Hardsh~
Other:.
PLEASE TYPE OR PRINT L,=GIBLY.IN I,,NK
Prope~ Owner(s): Ca]vary Baptist Church
Address: 2728 Asbury Road
Fax Number.
Applic~nUAgent: Calvary Baptist Church
Address: 27~28 Asbury Road
P-~× Number:
Site ]ccaNoWeddress:_ 2728 AsbLrry Road
tit/:,, Dubuque
Mcbile/Ce!lu!ar Number:
cF~/: Dubuque
Mobil~C~l~lar Number,
phone:.319-556-7090
State: to, va 4. 52001
~P:
Pa~nc: 319-566-7090
State:I°wa Zip:, 52001
E×islJng zoning: R1 PropOsed zoning: 0C Historic dls*`rict NA L=ndmark:. NA
Legal descrfptien (S[dwetl Par.~¢l lC) number or let number/block number/sub'~,ivisien):#10-22-252-O02
Lot 1-1-2 St.. Rose Place ,
T~(ai proper~ {lot) area ,[square ~eet or ~cres):. approx. 4 acres Number or [o~s: 1
,~ ~,~'nbe proposal and reason necessary (a~ach a leper o¢ exp!snaUon, if needed): . (OR back)
CERTIFiCAT;ON: Vwe, *,he undersigned, do hereby -, '
1. he :nformatJon submitted herein W true and co, ret,
be~mes pubic record;
2, F~s are not m~ndab a and payman does Act uar
3 A i' ' . ~ a.,L_ approv~; and
add.,¢ona( mqu)red ~Een eric graphic maten~Is sro
Date:
FOR OFFICE USE.ONLY- APPLICATION SUBMI'FrA~ ~
a Prope~ ownership fist o ~itefske[c,h pl~ o Fl~¢lan ~ Plat a Conceptual d~elcpment pbn
~ Calvary Baptist Church has entered into a sale of our property lc~ted at 2728 Asbury Road.
to a pa~cnership of three local businessmen. The proposed sale has a zoning contingency of
obtaining OC - Office/Co~mercial zoning for the proper%y.
It is our understanding that the buyers are proposing to renovate the main buiJdings (Dormitory,
Mansion and Church) and develop an office park and related businesses.
Currently the north side of Asbury Road from Clarke Drive to Woodlawn has no single family
residential properties included and therefore,we feel ~ proposed zoning change conforms to
the trend of the neighborhood.
Stories @ 4368 sq.ft.
8736 sq.ft.
Stories @ 7396 sq.ft.
29,584 sq.ft.
Stories @ 1144 sq.ft.
3,432 sq.ft.
Stories @ 3478 sq.ft.
6,956 sq.ft.
Story @ 1,596 sq.ft.
Stories @ 3188 sq.ft.
6,360 sq.ft.
ALLrM & UI~BAIM
I~A~ AF~F~AI~AL~
REZONING STAFF REPORT
Zoning Agenda: March 7, 2001
Property Address:
Property Owner.
Applicant:
2728 Asbury Road
Calvary Baptist Church
Kane Appraisals
Proposed Land Use:
Existing Land Use:
Adjacent Land Use:
Former Zoning:
Office/Commercial
Church
North - Religious/multi-family
East- Institutional
South - Single-family Residential
West- Religious
1934-Single-Family
1975- R-2
1985- R-1
Proposed Zoning: OC
Existing Zoning: R-1
Adjacent Zoning: North - R-l/PR
East- Institutional
South -
West - R-1
Property History: The subject property has been used for a variety of religious
functions, including a convent.
Physical Characteristics: The subject property is approximately four acres in size and
has frontage on Asbury Road. The property currently has two accesses to Asbury
Road. The front third of the property drains toward Asbury Road, while the back two-
thirds of the property generally slopes to the northeast.
Concurrence with Comprehensive Plan: The 1995 Comprehensive Plan did not
designate this area.
Impact of Request on:
Utilities: Existing utilities are adequate to serve the site.
Traffic Patterns/Counts: Asbury Road is classified asa minor arterial and carries
approximately 13,500 vehicle trips per day. Chaney Road is classified as a
collector street and carries approximately 3,300 vehicle trips per day on the north
side of Asbury Road, and 1,300 vehicle trips per day on the south side of Asbury
Road.
Public Services: Existing public services are adequate to serve the site.
REZONING STAFF REPORT
Page 2
Environment: Staff does not anticipate any adverse impact to the environment
provided adequate erosion control is provided during all phases of parking lot
construction and adequate storm water control is provided.
Adjacent Properties: The major impact to adjacent properties will be an increase in
the volume of traffic entering and leaving the site, once it is fully developed for
office uses.
CIP Investments: None proposed.
Staff Analysis: The applicants are requesting rezoning of the subject parcel from R-1
Single-Family to OC Office Commercial District. The OC Office Commercial District is,
in part, intended to be located in historic and/or architecturally significant areas, where
the adaptive re-use of existing buildings is encouraged, and along artedal and/or
collector streets, which are suitable for more intensive commercial development.
Attached to this staff report is a copy of the OC Office Commercial District.
The applicants are proposing redevelopment of the Calvary Baptist Church property to
provide for a restaurant in the existing church, convert the old mansion to professional
offices and convert the balance of the buildings on the subject parcel to additional
office space. A preliminary layout of the proposal is included in the Commission's
packet. The office uses are a permitted in the OC District, while the restaurant would
require a conditional use permit from the Zoning Board of Adjustment.
Access to the property is by means of two existing curb cuts, both on Asbury Road.
The applicant's preliminary site plan utilizes these two curb cuts for access to all
parking proposed for the development. ^sbury Road is classified as a minor arterial
and the designated volume of traffic is 13,500 vehicle tdps per day. A traffic signal was
installed at the intersection of Asbury Road and Chaney Road to aid in getting vehicles
across Asbury Road in a safe manner.
Planning staff has used the Institute of Transportation Engineers Trip Generation
Manual to estimate average vehicle trips from the proposed development. Based on
56,600 square foot of office space, approximately 844 average vehicle trips per day
would be generated. This represents approximately a 7% increase in the average
vehicle trips on Asbury Road. This calculation was based on 250 studies compiled by
the Institute of Traffic Transportation Engineers for general offices. It entails estimating
the number of employees per 1,000 square foot of gross floor area, and then applying a
rate of 4.22 tdps per employee to derive the 844 average vehicle trip estimate. This is
the best estimate that can be provided at this time without knowing more details about
actual office space square footage and employees.
Staff recommends that the Zoning Advisory Commission review Section 6-1.1 of the
Zoning Ordinance that establishes criteria for evaluating rezoning requests.
Reviewed:~//~. Date:
DU549 CH-01.TXT (1)
3-2.3. OC Office Commercial District.
(A) General purpose and description. The office commercial district is intended to encourage and
permit the establishment of commercial bllsiness uses ill IXlixed use specialty areas. This
district is intended to be located in areas which have developed, or are appropriate to develop,
as limited retail districts. This district is also intended to be located in areas adjacent to
established commercial districts, in historic and/or architecturally significant areas where the
adaptive reuse of existing buildings ia encouraged, in areas of particnl_ar tourist interest and
along arterial and/or collector streets which are suitable for more intensive commercial
devetopmenL
(B) Principal permitted uses. The following uses shall be permitted in the OC District:
(1) One- and two-family dwelling units within existing structures only-[9].
(2) Muiti-family dwelling units w~thin ~X. iating stmctlJI~ only-J9].
(3) General offices-[14]
(4) Churches, convents and monasteries-J71
(5) Schools of private instruction-[4]
(6) Noncommercial art galleries, museums and libraries-II 3]
(7) Barber/beauty shops-II6]
(8) Artist studio-[5]
(9) Photographic studios-J23]
(10) Bak es (retail ordy)-(19]
( 11 ) Confectioneries-[ 1 9]
(12) Commercial art galleries-[17]
(13) Clothing/accessory stores-II7]
(14) Shoe stores-II71
(15) Jewelry stores-II7]
(16) Sewing/fabric stores~[17]
( 1 7) Book/stationery stores-[1 7]
( t 8) Gift/souvenir shops-[ 1 7]
( 1 9) Toy-hobby shops-[ 1 7]
(20) Spor -S goods (sal reatal)-[171
(21) Bicycle shops (sales/rental)-[1 7]
(22) Camera/photo supply stores-[17]
DU549 CH-01 .TXT (2)
(23) Flower shops-[t7]
(24) Antique shops-[27]
(25) Furniture/home farnishings-[27]
(26) Any other specialty retail use of a similar nature and intensity, as determined by the city
planner.
(C) Accessory uses. The following uses shall be permitted as accessory uses as provided in
Section 4 of this ordinance:
(1) Attached garages.
(2) Detached garages.
(3) Noncommemial greenhouses.
(4) Solar collectors.
(5) Wind generators.
(6) Satellite receiving dishes.
(7) Storage buildings.
(8) Readily moveable sports, recreation or outdoor cooking equipment.
(9) Tennis courts, swimming pools and similar permanent facilities.
(10) Home occupations.
(11 ) Noncommemial gardens and nurseries.
(12) Off-street parking of vehicles.
(13) Fences.
(14) Garage sales or rummage sales provided that not more than three (3) such sales shall be
allowed per premises per calendar year and not more than three (3) consecutive days per sale.
(D) Conditional uses. The following conditional uses shall be permitted in the OC District subject
to the provisions of Section 5 of this ordinance:
(1) Bed and breakfast inn, provided that:
(a) The structure is either regulated by the Historic Preservation Ordinance or is listed on
the National Register of Historic Places;
(b) The property has a full-time resident owner or resident manager;
(c) The structure has a minimum total floor area of four thoUSand five hundred (4,500)
square feet, with not more than one sleeping room for each seven hundred fifty (750)
square feet of floor area to a maximum of nine (9) sleeping moms;
(d) Signage shall be limited to one wall mounted, projecting sign with not more than a
forty-inch projecting or freestanding sign, per street frontage not to exceed eight (8)
square feet in area, not internally illuminated, and with direct lighting only with sharp cut
DU549 CH-O1.TXT (3)
off luminanc¢i
(2)
(e) The permit shall not license the property for rental as a private club, museum, or tour
home unless approved by the board; and
(f) Parking shall be provided at a rate of one space per ~mtest room. The parking shall be
provided on-site or on a street frontage of the property, and should not intensify, parking
problems in the neighborhood.
Kesta~ram, provided that:
(a) The parkln~ grollp requitm~xents call be met-[20];
(b) Carry out items shall not be dispensed through any drive-through or walk-up windovc
(c) Any outdoor seating shall be accessory lo the indoor operation;
(cO Opaque screening shall be provided for adjacenI first floor residential uses in
conformance with the site plan review provisions of $ocfion 4-4 and 4-5 of this
ordinance.
(3) Bar/tavern, provided that:
(a) The parking group rsquiremems can'be met-[20];
(b) A maximum area of two thousand two hundred (2,200) square feet in gross floor area
shall not be exceeded;
(c) Any outdoor seating shall be accessory to the indoor operation;
(d) Opaque screening shall be provided for adjacent first floor residential uses in
conformance with the site plan review provisions of Section 4 4 and 4-5 of this
ordinance.
(4) Group day care center, provided that:
(a) Forty (40) square feet of indoor floor area (excluding hails and bathrooms) is provided
per child in areas occupied by cribs, thirty-five (35) square feet of indoor area (excluding
halls and bathrooms) is provided per child in areas not occupied by cribs times the
licensed capacity and seventy-five (75) square feet of fenced outdoor recreation space is
provided per child using the space at a give~ time;
(b) The parking group requirements can be
(c) Such facility shall supply loading and unloading of children so as not to obstruct
public streets, or create traffic or safety ha'7~rd~; and .
(d) All licenses have been issued or have been applied for awaiting the outcome of the
board's deciSion.
(5) Private clubs, provided that:
(a) The parking group requirements can be met-J20].
(6) Off-street parking of operable automobiles to serve a permitted or conditional use in this
district, provided that:
DU549 CH-O1.TXT (4)
(a) No structure other than a screening or security, fence or wall shall be erected on the
premises;
(b) Signage shall be limited to one (1) free-standing sign of no more than eight (8) square
feet in size per drive opening, identi '.B4ng the parking use, providing directions or
marking entrances and exits thereto: and
(c) A site plan shall be submitted and approved as provided in Section 44 of this
ordinance.
(7) Par'king structures.
(E) Temporary uses. The following uses shall be permitted as temporary, uses in the OC District:
(I) Building or trailer for storage of materials and/or equipment necessary for consmzction
authorized by a valid building permit, provided the location of the building or trailer bas been
approved by the building official.
(F) Bulk reg~ations.
Lot Area Lot Required Required
in Square Lot Coverag_e Front Yard Required Rear Yard
Feet Frontage as % Setback Side Yard Setback %
x 1000 in Feet Lot Area In Feet Setback (Ft.) Lot Depth
Permitted Uses
3+ Fain. Residential 1.2/DU 50 I0 3*
Church 20 100 50 I0
All other permitted uses 50 10 3*
Conditional Uses
B&Blnn
Off-street parking lot
Parking structure 10 3
Ali other conditional uses 50 10 3*
* = Plus one additional foot per floor above the second floor.
20
20~
20
(3')
20
G = Plus one additional foot of setback tbr eve~~ tbot in height above tbrty (40) feet with no pan
to exceed seventy-five (75) feet in height.
(G)Parking requirements. See Section 4-2 of this ordinance; except that a v, venty-five (25)
percent reduction shall be allowed in the OC District for both permitted and conditional uses,
(H)Signs. Signs shall meet the requirements or'the OR Office Residential District as provided in
Section 4-3 of this ordinance
[] = Parking Group-Section 4-2 of this ordinance. ~
(Ord. No. 24-85. § 1, 5-20-85: Ord. No. 26-86, § 4. 4-7-86: Ord. No, 24-88, § 1, 5-2-88; Ord. No.
23-90, §~ 17, 18, 3-19-90; Ord. No. 8-91, § 1, 2-4-91; Ord. No. 34-91, §§ 2, 3.5-6-91; Ord. No.
40-91, § 6, 5-20-91: Ord. No, 47-91, § 1, 6-3-9l: Ord. No. 69-91, §§ 3, 4, 9-3-91; Ord. No.
61-92, § 1.8-3-92)
Pastor Bob Mace 272s Asbury Road
Dubuque, Iowa 52001
(319) 556-7090
FAX (319) 556-3376
Dear Sirs:
Due to my inability to attend the meeting tonight, I would like to ~ite a
short note on behalf of Calvary Baptist Church.
We %~uld respectfully ask that you favorably consider the zoning change that
has been requested. It has been very difficult, if not impossible, for us
to sell the property under the current zoning.
Thank you for your cooperation.
Sincerely,
Bob Mace, Pastor
Burdens Are Lifted At Calvary
To: Zoning Advisory Commission
Re: Public Hearing On Zoning Changes For Development Plans In Our Neighborhood
I AR 0 G 200')
From: Barb & Jim McDonald
2193 Morningview Road
Dubuque, Iowa 52001
We recently received a Notice of Ehthlic Hearing letter stating the Zoning Advisory Commission will be
holding a public hearing concerning proposed zoning and\ur development plans in our neighborhood at the
Carnegie Stout Library on Wednesday, March 7, 2001 at 6:30 P.M. The applicant, Calvary Baptist Church
at 2728 Asbury Road, is requesting to rezone their property from R-I Single Family Residential Dislrict to
Office Commercial. Since we cannot attend this meedng we are giving you our writtoa comments.
We live on the comer of Momingview Road and Asbary Road, directly across from Calvaw Baptist
Church. They have been very good neighbors for the 15 years that we have resided here. However, we do
have some comments aabout the proposal.
Since our property is valuable to us and our neighborhood is a nice, quiet, clean and safe area, we feel it
should remain as such. There is a lot of traffic in our area. At times, since the traffic lights were installed at
Chaney and A~bury, traffic is congested. Please consider the added traffic problems that may arise with
any zoning changes. We ,or, mt to keep our property value higher rather than lowering it.
We are opposed to any changes that would allow multi family dwelling units whether low income or
elderly. This would decrease our property value and add safety concerns to our neighborhood, not to
mantion the added traffic concerns ur other conditions that we don~t want in our area. Our neighborhoed is
a nice and quiet residential area and some of the uses would increase the noise, parking problems, and
traffic.
Since the R-1 Single Family Residential District and the OC Office Commercial District have many
usages, some tint would not be desired in our area, we recommend that more study be put ~prop~a[~
immediately. We want to keep our neighborhood a quiet, clean, safe, family residen~tl are~
Thank You.
Barb & Jim McDonald
March 5, 2001
R-1
R-1
Proposed area to be rezoned
Pr0posed Areai
roi
Applicant: Calvary Baptist Church
Location: 2728 Asbury Road
Description: To rezone property
from R-1 Single-Family Residential
District to OC Office Commercial
District
: 6:30
March 19, 2,0,01, ;in
^~oit0rlum
from Reel-
OffiCe
DStrict as r~-
guested by Calvary Baptist
Church. (copy of s~pportlmg
document,s, are on file in
City Clerk s,Office and may ~e
vowed during norma! workir~g
hours,
Written comments regardiag
above reclassification may be
submitted ~to the City Clerk's
office bi~ or :before Said tir~e
of public hearing. ,
At said time and place of
publiO hearing all Intereeted~
citizens and parties will be
given an' Opportunity to be
heard for ~r against ~a!d
renlasslfiaatlon~
Any visual or hearing
p~!red persona ngeding s~e~
Ci~l a~slstance 9r het~ns
with ~p~clal accessibility
needs should contact the City
Olerk's Office at 319-5
4120:~r TDD 319.?,80-419~in
the Huma~ Righ[e Depart-
ment at least 48 hours prior.to
he meeting. ~
/s/Jeanne F. Sahn
City ~l?k
tall0
STATE OF IOWA
DUBUQUE COUNTY
{ SS:
CERTIFICATION OF PUBLICATION
I, TAMMY M. FELDMANN 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 tha~ the attached notice was published
in said newspaper on the following dates /I~/~ /~
, 20 (~// , and for which the charge is $ //. q~-~
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this /-~' ~ day of~~ 20 O/ .
Notary l~blic in and for Dubuque Count, Iowa
Z
O f~I~4~LII,41NA~,¥ 51-rt~ PLAN
Stories @ 4368 sq.ft~
8736 sq.ft.
Stories @ 7396 sq.ft.
29,584 sq.ft.
Stories @ 1144 sq.ft.
3,432 sq.ft.
Stories @ 3478 sq.ft.
6,956 sq.ft.
Story @ 1,596 sq.ft.
Stories @ 3180 sq.ft.
6,360 sq.ft.
Architects and Construction Managers, Inc.
ALLEH & U BAIH
PROJECT I NO.
0115
KANt= APPP-.AI DALD
PRELIMINN~sP.¥ 51T/~ PLAN
STATE OF IOWA
DUBUQUE COUNTY
{ SS:
upon pt~lication' as
by taW.
j~ng
CERTIFICATION OF PUBLICATION
I,_ TAMMY M. FELDMANN
a Bi/ling Clerk for Woodward
Conununications,/nc., 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 . J~//t~r-gJ3 ~. 3
, 20 C_)! , and for which the charge is $_ 32.
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
thls-~9~ day of- -)~'~'~.-~ 20~f.
Notary Pu~b~llc in and for Dubuque Cotmfy,(-/iowa
zoni
binding upon the undersigned
and hisser heirs, successor
Pml:~ed by: I.~ura Cal~tens~ City Planner Address: ~0 W. 13'dl St.. City Ha~l
20 PH 3:27
COUNTY REOORO£R
CO.,IOWA FEES
ORDINANCE NO. 17 -01
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF
THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING
HEREINAFTER DESCRIBED PROPERTY LOCATED AT 2728 ASBURY ROAD
FROM R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT TO OC OFFICE
COMMERCIAL DISTRICT, WITH CONDITIONS.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque
Code of Ordinances is hereby amended by reclassifying the hereinafter described
property from R-1 Single-Family Residential District to OC Office Commercial District,
with conditions, to wit:
Lot I of Lot 1 of Lot 2 of Saint Rose Place, and to the centedine of the
adjoining public right-of-way, all in the city of Dubuque, Iowa.
Section 2. The foregoing amendment has heretofore been reviewed by the
Zoning Advisory Commission of the City of Dubuque, iowa.
Section 3. This ordinance shall take effect immediately Upon publication, as
provided by law.
Passed, approved and adopted this 19thday of Ma,'ch ,2001.
.
Attest:
F. Schneider, City Clerk
MEMORANDUM OF AGREEMENT
Pursuant to the Iowa Code Section 414..5 (I993), and as an express condition of rezoning
of the property described as:
Lot i of Lot 1 of Lot 2 of Saint Rose Place, and to the centeriine of the
adjoining public right-of-way, all in the C~/of Dubuque, Iowa.
which is the subject of Ordinance No. 17 -01, a copy of which is attached hereto and
incorporated heroin by reference, the undersigned property owners, agree to the following
conditions, all of which the property owner further agrees are reasenable and are imposed
to satisfy public needs which are caused directly by the rezoning:
Performance Standards. The following performance standards shall apply to the
subject property:
1) Bam/tavems am prohibited.
2) Demolition of existing structures is prohibited, except as indicated by the dashed
lines on the preliminary site plan dated 2/20/01.
Redassificafion of the Subiect Property. The City of Dubuque, Iowa may initiate
zoning redassification proceedings to the R-1 Single-Family Residential Zoning
District (which rezoning will indude the removal of the performance standards in
Sec'don A above) if the property owner fails to complet~ any of the conditions or
provisions of this Agreement.
Modifications. Any modifications of this Agreement shall be considered a zoning
reclassiflc~fdon and shall be subject to the provisions of the Zoning Ordinance
governing zoning reclassifications. All such modifications must be approved by the
City Council of Dubuque, Iowa.
Recordinq. A copy of this Agreement shall be recorded with the Dubuque County
Recorder as a permanent record of the conditions accept~l as part of this rezoning
approval within ten (10) days of the adoption of Ordinance No. 17 -01.
Construction. This Agreement shall be con,hued and interpreted as though itwem
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, [owa.
F) This Agreement shall be binding upon the undersigned and his/her heirs, successor
and assignees.
CITY OF DL~UQIJE
MAR 1 ~ ZOO1
ACCEPTANCE OF ORDINANCE NO. 17 -01
I, Robert Mace, Pastor, representing Calvary Baptist Church, property owner,
having read the terms and conditions of the foregoing Ordinance No. 17 -01 and
being familiar ~ the conditions thereof, hereby accept this same and agree fo the
conditions required therein.
Dated in Dubuque, Iowa this ~-~ day of ,./'~ ,2001.
Calvary Baptist Church
ACCEPTANCE OF ORDINANCE NO. 17 - 01
We, Thomas Kane, 3oseph Small and Mark Tressel, representing Fountain Park,
U_C, having read the terms and conditions of the foregoing Ordinance No. 17 -01,
and being familiar with the concFfdons therefore, hereby accept this same and agree to
the conditions required therein.
Dated in Dubuque, Iowa this ~ ~ day of [~ ~ ~ ~ .2001.
FOUNTAIN PARK, LLC
Thomas r, ane
Iv~rk Tre~s~q /
~:~' ~":; STATE OF IOWA )
~ ~ COIzJNTY OF DUBUOUE )
CERTIFICATE OF CITY CLERK
I, Jeanne F. Schneider, do hereby certify that I am the duly appointed, qualified,
and acting Clerk of the City of Dubuque, Iowa in the County aforesaid, and as
such 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. 17-01 is a correct copy of the original Ordinance No. 17-01
approved and adopted by the City Council of the City of Dubuque, Iowa, at a
session held by said Council on the 19th day of March, 2001.
In Testimony Whereof, I hereunto set my hand and official seal of the City of
Dubuque, Iowa.
Dated at Dubuque, Iowa on this 20th day of March, 2001.
/..,/'Jeanne F. Schneider
City Clerk
City of Dubuque, Iowa