Ordinance 45-05OFFICIAL PUBLICATION
ORDINANCE NO. 45-05
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF
THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING
HEREINAFTER DESCRIBED PROPERTY LOCATED IN THE 300 BLOCK OF
WARTBURG PLACE FROM R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT TO
PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PR PLANNED
RESIDENTIAL DISTRICT DESIGNATION AND AMENDING ORDINANCE 23 -
96 AND ADOPTING A REVISED CONCEPTUAL DEVELOPMENT PLAN WITH
CONDITIONS, FOR LINKS GLEN RESIDENTIAL DEVELOPMENT.
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 amending by reclassifying the hereinafter described
property from R-1 Single -Family Residential District to PUD Planned Unit Development
District with a PR Planned Residential District designation and amending Ordinance 23-
96 and 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 1-1-1 M.L. 139, Lot 2-1-1-1-2-1-1 M.L. 139, Lot 1-1-1-1-1-2-1-1- M.L.
139, Lot 2-1-1-2-1-1 M.L. 139, Lot 1-2-2-1-1- M.L. 139, Lot 2-2-2-1-1 M.L.
139, Lot 2-1-2-1-1 M.L. 139, and Lot 2-1-2 M.L. 139, 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 agrees to the following
conditions, all of which the property owner further agrees 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 PUD District:
1. Principal permitted uses shall be limited to:
a. 20 condominium apartments
b. 8 condominium homes
c. 6 condominium villas
2. Accessory uses shall include 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:
1. The proposed residential development shall be constructed in
substantial compliance with the attached conceptual development plan.
2. Maximum building height shall be limited to 40 feet.
C. 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. Adequate erosion control shall be provided during all phases of
construction.
2. Off-street parking shall be provided as shown on the approved
conceptual plan.
3. Storm water control facilities will be installed as per City Engineering
requirements.
4. Final site development plans shall be submitted in accordance with
Section 4-4 of the Zoning Ordinance prior to construction of any
buildings.
D. Open Space and Recreational Areas
Open space and landscaping in the PUD District shall be regulated as
follows:
Those areas not designated on the conceptual development plan shall be
maintained as open space, as defined by Section 8 of the Zoning Ordinance
by the property owner and/or association.
E. Sign Regulations.
Signs in the PUD District shall be regulated in accordance with the R-1
Single -Family Residential District sign regulations of the Zoning Ordinance.
F. 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.
G. Reclassification of Subject Property.
The City of Dubuque, Iowa, may initiate zoning reclassification proceedings
to the R-1 Single -Family Residential District in accordance with Section 6 of
the Zoning Ordinance if the property owner fails to complete or maintain any
of the conditions of this ordinance.
H. 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.
I. 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. 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 Commission of the City of Dubuque, Iowa.
Section 4. The foregoing amendment shall take effect upon publication, as
provided by law.
Passed, approved and adopted this 18th day of July, 2005.
/s/Terrance M. Duggan, Mayor
Attest:
/s/Jeanne F. Schneider, CMC
City Clerk
ACCEPTANCE OF ORDINANCE NO. 45-05
I, Tim Conlon, representing Conlon Partners, having read the terms and conditions of
the foregoing Ordinance No. 45-05 and being familiar with the conditions thereof,
hereby accept this same and agree to the conditions required therein.
Dated in Dubuque, Iowa this 13th day of July, 2005.
By: Tim Conlon
Published officially in the Telegraph Herald Newspaper the 22nd day of July, 2005.
/s/Jeanne F. Schneider, CMC
City Clerk
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