Ordinance 57-05OFFICIAL PUBLICATION
ORDINANCE NO. 57-05
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF
THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING
HEREINAFTER DESCRIBED PROPERTY LOCATED AT 55 W.32nd STREET
FROM R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT TO HI HEAVY
INDUSTRIAL 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 HI Heavy Industrial District, with
conditions, to wit:
Lot 2 of Lot 1 of Lot 1 Heims Subdivision, and to the centerline 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 17th day of October, 2005.
/s/Terrance M. Duggan, Mayor
Attest:
/s/Jeanne F. Schneider, CMC
City Clerk
MEMORANDUM OF AGREEMENT
Pursuant to the Iowa Code Section 414.5 (2003), and as an express condition of
rezoning of the property described as:
Lot 2 of Lot 1 of Lot 1 Heims Subdivision, and to the
centerline of the adjoining public right-of-way, all in the City
of Dubuque, Iowa.
which is the subject of Ordinance No. 57-05, 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 are caused directly by the rezoning:
A) Conditions: The following conditions shall apply to the subject property:
1) The existing vegetation shall be preserved and replanted to the extent
necessary to screen the operation of the salvage yard.
2) That no storage of salvage material is allowed south of the tree line.
3) .That no buildings shall be constructed on this property.
B) Reclassification of the Subject Property. The City of Dubuque, Iowa may initiate
zoning reclassification proceedings to the R-1 Single -Family Residential District
(which rezoning will include the removal of the performance standards in Section
A above) if the property 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 City Council of Dubuque, Iowa.
D) Recording. A copy of this Agreement shall be recorded with the Dubuque
County Recorder as a permanent record of the conditions accepted as part of
this rezoning approval within thirty (30) days of the adoption of Ordinance No.
92-05.
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 be binding upon the undersigned and his/her heirs,
successor and assignees.
ACCEPTANCE OF ORDINANCE NO. 57-05
I, Roger Kunde, representing North End Wrecking, Inc., having read the
terms of the foregoing Ordinance No. 57-05, and being familiar with the
conditions thereof, hereby accept this same and agree to the conditions required
therein.
Dated in Dubuque, Iowa this 10th day of October, 2005.
Roger Kunde
North End Wrecking, Inc.
Published officially in the Telegraph Herald Newspaper the 21 st day of October, 2005.
/s/Jeanne F. Schneider, CMC
City Clerk
1t 10/21