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Ordinance 11-06OFFICIAL PUBLICATION ORDINANCE NO. 11-06 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY PROVIDING FOR THE AMENDMENT OF ORDINANCES NO. 18-00 AND 01-02, AND APPROVING AN AMENDED CAMPUS DEVELOPMENT PLAN FOR THE NEW ATHLETIC AND WELLNESS CENTER FOR THE LORAS COLLEGE ID INSTITUTIOANL 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 and Ordinances 18-00 and 01-02 be amended by adopting a revised campus development plan for the new athletic and wellness center for the Loras College Institutional District, to wit: Lot 1 of Lot 2 of Mineral Lot 90; Lot 2 of Mineral Lot 91; Lot 1 and 2 of Loras College Place; Lot 1 and Lot 2 of City Lot 742, Lot 1, Lot 2 and Lot 3 of City Lot 741, City Lot 714, Lots 20 through and including Lot 33 of Levins Addition; all of the alleys in Levins Addition; Lot 15 through and including Lot 18 of Kringle Addition; Lots 30 through and including Lot 43 of Yates Subdivision; Lot 32A, Lot B and Lot C all of Yates Subdivision; Lot 1 and Lot 2 and Lots 12 through and including Lot 15, all of Henion and Baird Subdivision; W 103' -N12' -N34'6" -W105' of Lot 5, S22'6" -N34'6" -W105 of Lot 5, S6'6" -W105' of Lot 5, W105' of Lot 6 and W105' -N26' of Lot 7, all in Henion and Baird Subdivision, Lots 1 through and including Lot 8 of Hodgdon Subdivision; Lot A of Hodgdon Subdivision; Lot 820 and Lot 821 of A. McDaniels Subdivision; the west 53 feet of Lot 20 of Morgan's Subdivision; Lot 7, Lot 7A, Lot 8, Lot 2 of Lot 9, Lot 2 of Lot 3 and Lot 2 of Lot 4, all of Yates and Pickett Subdivision; Lot 2 of Lot 73, Lot 2 of Lot 74, Lot 2 of Lot 75, Lot 2 of Lot 76, Lot 2 of Lot 77, Lot 2 of Lot 78, Lot 2 of Lot 79, Lots 71A, Lots 69 through and including Lot 71, Lots 63 through and including Lot 67, Lot 80 and Lot 2 of Lot 81A, all of A.P. Woods Addition, and the alley from Blake Street East except the portion adjoining Lot 2 of Lot 73 of A.P. Woods Addition, all of Helena Street, all in the City of Dubuque, Iowa. Section 2. .That pursuant to Iowa Code Section 414.5(2003) and as an express condition of amending the Loras College 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. b. Vocational schools. c. Seminaries. d. Offices for administrative personnel or other institutional employees and affiliates. e. Churches, libraries and museums. f. Classrooms, laboratories, lecture halls, and similar places of institution. g. Off-street parking and loading. h. Recreational or athletic facilities for the primary use and benefit of the institutional residents or affiliates. Single-family, two-family, or multi -family dwellings for the housing of institutional residents or affiliates. 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 and subordinate to the principal use it serves, but not to include commercial use outside the principal building. 3. No conditional uses shall be allowed. B. Lot and Bulk Regulations Development of land in the ID Institutional District shall be amended as follows: The proposed athletic and wellness center shall be located in conformance with the attached campus 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. New outdoor lighting for the proposed athletic and wellness center and adjacent parking lot shall use 72 -degree cut-off light fixtures. 2. Landscaping shall be provided in compliance with Section 4-4 of the Zoning Ordinance. 3. All utilities, including telephone and cable television, shall be installed underground. 4. 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 regulated as follows: 1. That eighty-three (83) parking spaces shall be provided in the new parking lot on the north side of the athletic and wellness center. 2. A minimum of 1,158 off-street parking spaces shall be maintained for the Loras College Institutional District. 3. Any significant expansion or reduction in the number of off-street parking spaces must be reviewed by Planning Services staff for compliance with the adopted institutional district requirements. E. Open Space and Recreational Areas Those areas not designated on the conceptual development plan for the 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 1. That all previously approved campus 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 this district. 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 after the adoption of this ordinance. This ordinance shall be binding upon the undersigned and all his/her heirs, successors and assignees. 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 20th day of February, 2006 . /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC City Clerk ACCEPTANCE OF ORDINANCE NO. 11-06 I, James E. Collins, President, Loras College, having read the terms and conditions of the Ordinance No. 11-06 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this 17th day of February, 2006. By James E. Collins, President Loras College Published officially in the Telegraph Herald Newspaper the 24th day of February, 2006. /s/Jeanne F. Schneider, CMC City Clerk 1t 2/24