605 PERU RD CS(2)Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St Telephone: 589-4210
Return to: Jeanne Schneider, City Clerk Address: City Hall- 50 W. 13`" St Telephone: 589-4121
ORDINANCE NO. -06
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY
OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED AT 605 PERU ROAD FROM R-1 SINGLE-FAMILY
RESIDENTIAL DISTRICT TO CS COMMERCIAL SERVICE AND WHOLESALE
DISTRICT, WITH CONDITIONS (UNDER ORIGINAL APPLICATION FOR LI LIGHT
INDUSTRIAL).
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The application of Robert Clauer for reclassification of this property to LI Light
Industrial, has received a recommendation of approval from the Zoning Advisory Commission,
subject to conditions, including the condition that it be reclassified CS Commercial Service and
Wholesale District, and the applicant has accepted the conditions.
Section 2. 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 CS Commercial Service and Wholesale District, with
conditions, to wit:
Lot 1 and Lot 2 Maple Leaf Addition No. 2, and to the centerline of the adjoining
public right-of-way, all in the City of Dubuque, Iowa.
Section 3. The foregoing amendment has heretofore been reviewed by the Zoning
Advisory Commission of the City of Dubuque, Iowa.
Section 4. This ordinance shall take effect immediately upon publication, as provided by
law.
Passed, approved and adopted this day of 2006.
Roy D. Buol, Mayor
Attest:
Jeanne F. Schneider, City Clerk
MEMORANDUM OF AGREEMENT
Pursuant to the Iowa Code Section 414.5 (2005), and as an express condition of rezoning
of the property described as:
Lot 1 and Lot 2 Maple Leaf Addition No. 2, and to the center
line of the adjoining public right-of-way, all in the City of
Dubuque, Iowa
which is the subject of Ordinance No. -06, 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
1) The property be rezoned to CS Commercial Service and Wholesale District
2) The building height be limited to 20 feet.
3) Access is limited to Peru Road only.
4) No outside storage of unlicensed vehicles is permitted.
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. -06.
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. 06
I, Robert L. Clauer, property owner, having read the terms and conditions of
the Memorandum of Agreement attached and made a part of the foregoing Ordinance No.
-06 and being familiar with the conditions thereof, hereby accept this same and
agree to the terms and conditions contained therein.
Dated in Dubuque, Iowa this day of 2006.
By
Robert L. Clauer