Ordinance 30-05OFFICIAL PUBLICATION
ORDINANCE NO. 30-05
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF
THE CITY OF DUBUQUE CODE OF ORDINANCES FOR THE AMENDMENT OF
ORDINANCE 8-98 WHICH ADOPTED REGULATIONS FOR PROPERTY
LOCATED SOUTH OF 1087 CEDAR CROSS ROAD AS A PUD PLANNED UNIT
DEVELOPMENT DISTRICT WITH A PC PLANNED COMMERCIAL DISTRICT
DESIGNATION AND ADOPTING A REVISED CONCEPTUAL DEVELOPMENT
PLAN, 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 and Ordinance 8-98 be amended by adopting a revised
conceptual development plan, a copy of which is on file with the City of Dubuque
Planning Services Department, for property legally described , to wit:
Lot 3 of the J. George Subdivision, except the northeasterly 391 feet
thereof, and to the centerline of the adjoining public right-of-way, all in the
City of Dubuque, Iowa.
Section 2. Pursuant to Iowa Code Section 414.5 (2003) and as an express
condition of the reclassification, 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:
Use Regulations.
The following regulations shall apply to all uses made of land in the above
described PUD District:
1. Principal permitted uses shall be limited to:
a. Business services [29]
b. General office [14]
c. Indoor recreation [37]
d. Mini -warehousing and storage facility [47]
e. Used car sales lot [38]
f. Public or quasi -public utilities including substations [47]
1. Accessory uses shall include:
a. Dwelling unit for on-site manager
b. Any use customarily incidental and subordinate to the principal
use it serves.
B. Lot and Bulk Regulations
Development of land in the PUD District shall be regulated as follows:
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Page 2
1. All building structures and activities shall be located in conformance
with the attached conceptual development plan and all final site
development plans shall be approved in accordance with provisions of
the PUD District regulations of this ordinance and of Section 3-5.5 of
the Zoning Ordinance.
2. The maximum building height shall be twenty-five (25) feet.
B. Performance Standards
The development and maintenance of uses in this PUD District shall be
established in conformance with Section 3-5.5 of the Zoning Ordinance and
the following standards:
1. Lighting shall be provided per City standards.
2. Landscaping shall be provided in compliance with Section 4.4 of the
Zoning Ordinance and as stipulated in the conceptual development
plan. Also stipulated is the requirement for a techny arborvitae hedge,
planted a minimum of five feet high at planting, five feet on center and
200 feet in length located in a manner subject to approval of the
adjacent property owners.
3. All utilities, including telephone and cable television, shall be installed
underground.
4. Sidewalks shall be placed four feet behind the curb parallel to the
street on all public street frontages and constructed in accordance
with City standards.
5. Final site development plans shall be submitted in accordance with
Section 4-4 of the Zoning Ordinance prior to construction of each
building or structure unless otherwise exempted by section 4-4.
6. Storm water detention shall be provided beginning with Phase 1 and
be directed toward the detention basin located in the southwest corner
of the site.
7. Subdivision plats and improvement plans shall be submitted in
accordance with Chapter 42 of the City of Dubuque Code of
Ordinances. The approved conceptual development plan shall serve
as the preliminary plat.
8. Security fence shall be extended along the east property line to the
existing tree line during Phase 1.
B. Open Space and Recreational Areas
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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.
C. Sign Regulations
The sign regulations shall be in accordance with the C-2 Neighborhood
Shopping Center District as established in Section 4-3.11 of the Zoning
Ordinance.
D. 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.
E. Reclassification of Subject Property
The City of Dubuque may initiate zoning reclassification proceedings to the
AG Agricultural District in accordance with Section 6 of the Zoning Ordinance
if the property owner(s) fail(s) to complete or maintain any of the conditions
of this ordinance.
F. 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.
G. 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 after the adoption of this ordinance. This ordinance shall be binding
upon the undersigned and his/her heirs, successors and assigns.
Section 3. The foregoing amendment has heretofore been reviewed by the Zoning
Advisory Commission of the City of Dubuque, Iowa.
Section 4. This foregoing amendment shall take effect immediately upon
publication, as provided by law.
Passed, approved and adopted this 2nd day of May, 2005.
/s/Terrance M. Duggan, Mayor
Attest:
/s/Jeanne F. Schneider, CMC
City Clerk
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Acceptance of Ordinance No. 30-05
I, Pat Tobin, property owner, having read the terms and conditions of the
foregoing Ordinance No. 30-05 and being familiar with the conditions thereof, hereby
accept the same and agree to the conditions required therein.
Dated the 13th day of April, 2005.
/s/Pat Tobin
Published officially in the Telegraph Herald Newspaper the 6th day of May, 2005.
/s/Jeanne F. Schneider, CMC
City Clerk
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