Ordinance 23-05OFFICIAL PUBLICATION
ORDINANCE NO. 23-05
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF
THE CITY OF DUBUQUE CODE OF ORDINANCES BY PROVIDING FOR THE
APPROVAL OF AN AMENDED CONCEPTUAL DEVELOPMENT PLAN TO
ALLOW CONSTRUCTION OF THE NEW MYERS ACADEMIC AND
ADMINISTRATION BUILDING FOR THE UNIVERSITY OF DUBUQUE ID
INSTITUTIONAL DISTRICT.
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 be amended by providing for the approval of an amended
conceptual development plan for the University of Dubuque ID Institutional District, a
copy of which is attached to and made a part hereof.
Section 2. That pursuant to Iowa Code Section 414.5 (2003) and as an
express condition of amending the University of Dubuque ID Institutional
District, the undersigned property owner(s) agree(s) to the following conditions,
all of which the property owner(s) further agree(s) are reasonable and imposed
to satisfy the public needs that are caused directly by the zoning
reclassification:
A. Use Regulations.
The following regulations shall apply to all uses made of land in
the above-described ID Institutional District:
1. Principal permitted uses shall be limited to:
a. Colleges and universities [45]
b. Vocational Schools [45]
c. Seminaries [45]
d. Offices for administrative personnel or other
institutional employees and affiliates [14]
e. Churches [7], libraries, and museums [13]
f. Classrooms, laboratories, lecture halls, and similar places of
institutional assembly [45]
g. Off-street parking and loading [NA]
h. Recreational or athletic facilities for the primary use and
benefit of institutional residents or affiliates [7]
Single-family, two family [11] or multi -family dwellings for the
housing of institutional residents or affiliates [9]
2. Accessory Uses. The following uses shall be permitted as
accessory uses in the above-described ID Institutional District:
a. Located entirely within a principal building, bookstores, or
bars seating not more than seventy-five (75) persons at one
time and located not closer than two hundred feet (200')
from the nearest Residential or Office Residential District.
b. All uses customarily incidental to the principal permitted
uses in conjunction with which such accessory uses
operated or maintained, but not to include commercial use
outside the principal building.
3. No conditional uses shall be allowed.
[ ] Parking requirements as per Section D of this Ordinance.
B. Lot and Bulk Regulations.
Development of land in the ID Institutional District shall be regulated as
follows:
The proposed academic and administration building and associated 130 -
space parking lot shall be constructed in substantial conformance with the
attached conceptual development plan and all final site development
plans are to be approved in accordance with provisions of the ID
Institutional District regulations.
C. Performance Standards
The development and maintenance of uses in this ID Institutional District
shall be established in conformance with Section 3-5.2 of the Zoning
Ordinance and the following standards:
1. That a 50 -foot setback shall be maintained between the east edge
of the 130 -space parking lot and the property at 2224 Grace Street.
2. That a six-foot high, fully opaque wooden privacy fence be placed
along the west property line at 2224 Grace Street.
3. That there be no access from the proposed 130 -space parking lot
to Grace Street.
4. New outdoor lighting for the parking lot shall utilize 72 -degree cut-
off luminaries.
5. Landscaping shall be provided in compliance with Section 4-5 of
the Zoning Ordinance.
6. All utilities including telephone and cable television shall be
installed underground.
7. Final site development plans shall be submitted in accordance with
Section 4-4 of the Zoning Ordinance.
D. Parking Requirements
The off-street parking requirements for the principal permitted uses for the
herein described ID Institutional District shall be designated by a bracket
enclosed number next to the use, as herein described:
[9] 1.5 spaces for each dwelling unit
[11] Two spaces for each dwelling unit
[14] One space for each four hundred square feet devoted to office use
or one space for each employee on the maximum shift, whichever
is greater.
[7] One space for each four permanent seats.
[13] One space for each five hundred square feet of floor area
accessible to the general public.
[45] Dormitories - one space for each bed
Gymnasiums - one space for each six permanent seats
Employees - .75 spaces for each employee on the maximum shift
E. Open Space and Recreational Areas
Those areas not designated on the conceptual development plan for
development shall be maintained as open space, as defined by Section 8
of the Zoning Ordinance by the property owner and/or association.
F. Sign Regulations
The sign regulations shall be the same as that which are allowed in the ID
Institutional District as established in Section 4-3.11 of the Zoning
Ordinance.
G. Additional Standards
That all previously approved conceptual development plans are hereby
amended to allow for the attached conceptual development plan.
H. Transfer of Ownership
Transfer of ownership or lease of property in this ID Institutional District
shall include the transfer or lease agreement a provision that the
purchaser or lessee acknowledges awareness of the conditions
authorizing the establishment of the district.
I. Modifications
Any modifications of this Ordinance must be approved by the City Council
in accordance with zoning reclassification proceedings of Section 6 of the
Zoning Ordinance.
J. Recording
A copy of this ordinance shall be recorded at the expense of the
property owner(s). with the Dubuque County Recorder as a
permanent record of the conditions accepted as part of this
reclassification approval within thirty (30) days of the adoption of
this ordinance. This ordinance shall be binding upon the
undersigned and all his/her heirs, successors and assignees.
Section 3. That the foregoing amendment has heretofore been
reviewed by the Zoning Commission of the City of Dubuque, Iowa.
Section 4. That the foregoing amendment shall take effect upon
publication, as provided by law.
Passed, approved, and adopted this 21 st day of March, 2005.
/s/Terrance M. Duggan
Mayor
Attest:
/s/Jeanne F. Schneider, CMC
City Clerk
Acceptance of Ordinance No. 23-05
I, Reverend Jeffery F. Bullock, President, University of Dubuque, having read the
terms and conditions of the foregoing Ordinance No. 23-05 and being familiar with the
conditions thereof, hereby accept the same and agree to the conditions required
therein.
Dated this 21st day of March, 2005.
By: Reverend Jeffrey F. Bullock
President, University of Dubuque
Published officially in the Telegraph Herald Newspaper the 28th day of March,
2005.
/s/Jeanne F. Schneider, CMC
City Clerk
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