Ordinance 14-06OFFICIAL PUBLICATION
ORDINANCE NO. 14-06
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF
THE CITY OF DUBUQUE CODE OF ORDINANCES BY PROVIDING FOR THE
AMENDMENT OF ORDINANCES NO. 10-99, 96-02 AND 86-03 WHICH
ADOPTED REGULATIONS FOR THE EMERALD ACRES NO. 2 PUD
PLANNED UNIT DEVELOPMENT DISTRICT WITH A PR PLANNED
RESIDENTIAL DESIGNATION AND APPROVING AN AMENDED
ORDINANCE FOR THE EMERALD ACRES NO. 2 PUD PLANNED UNIT
DEVELOPMENT 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 is hereby amended by providing for the
amendment of ordinances 10-99, 96-02, and 86-03, which adopted regulations
for the Emerald Acres No. 2 PUD Planned Unit Development District with a PR
Planned Residential designation, and approving an amended Ordinance for the
Emerald Acres No. 2 PUD Planned Unit Development District, a copy of which is
attached to and made a part hereof, to wit:
Lot 28 Emerald Acres No. 2, 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 owners agree
to the following conditions, all of which the property owners further agree 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 for Zone A shall be limited to:
a. Single-family detached dwellings – [11]
2. Principal permitted uses for Lot 28, Zone B shall be limited to:
a. Two-family dwelling (duplex)—[11].
b. Townhouses (maximum two [2] dwelling units)—[11].
3. Principal permitted uses for Lot 29, Zone B shall be limited to:
a. Single-family detached dwellings – [11]
b. Two-family dwelling (duplex) – [11]
c. Multi -family dwelling (maximum six [6] dwelling units) – [9]
d. Townhouses (maximum six [6] dwelling units) – [11]
[ ] Parking group – see Section 4-2 of the Zoning Ordinance.
4. 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. Lots for single-family dwellings in Zone A shall meet bulk regulations set
forth in the Zoning Ordinance for the R-1 Single -Family Residential District.
2. Development of Lot 28, Zone B may proceed in substantial conformance
with attached conceptual plan.
3. All multi-family structures on Lot 29, Zone B shall meet the bulk
regulations set forth in the Zoning Ordinance for the R-3 Moderate Density Multi-
Family Residential District.
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. Proposed public streets in the Planned Residential development shall be
designed and built to City Engineering specifications.
2. Tanzanite Drive shall be constructed to a width of 37 feet.
3. Erosion control devices shall be provided during all phases of construction
of the Planned Residential development.
4. Parking requirements for allowed uses shall be as per the parking group
for the designated use, in accordance with Section 4-2 of the Zoning Ordinance.
5. Sidewalks shall be provided adjoining all public streets.
6. Storm water control facilities will be installed as per City Engineering
requirements.
7. Final site development plans shall be submitted in accordance with
Section4-4 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:
1. Those areas not designated on the conceptual 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.
E. Sign Regulations. Signs in the PUD District shall be regulated as follows:
1. Signs shall be allowed in the Planned Residential development in
accordance with the R-1 Single -Family Residential District regulations of the
Zoning Ordinance.
F. Additional Standards.
1. That the attached conceptual development plan shall constitute a
preliminary subdivision plat, in accordance with Chapter 42, Subdivision
Regulations, of the City of Dubuque Code of Ordinances.
2. That the property between the south right-of-way line of Tanzanite Drive
and the south property line of Lot 2 of Lot 1 of SE 1/4 of SE 1/4, Section 2 must
comply with the regulations adopted for Alpine Heights Mobile Home Park
Ordinance No. 72-98.
G. Transfer of Ownership. Transfer of ownership or lease of property in this
PUD District 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.
H. Reclassification of Subject Property. The City of Dubuque, Iowa may
initiate zoning reclassification proceedings to the AG Agricultural 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.
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 with the Dubuque County Recorder as a permanent record of
the conditions accepted as part of this reclassification approval within forty-five
(45) 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. The foregoing amendment shall take effect upon publication,
as provided by law, and at such time that the herein described property is legally
annexed into the City of Dubuque, Iowa.
Passed, approved and adopted this 20th day of February, 2006.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
ACCEPTANCE OF ORDINANCE NO. 14-06
I, Rodney Tschiggfrie, representing T -Corp, property owner, having read
the terms and conditions of the Ordinance No. 14-06 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 February, 2006.
By /s/ Rodney Tschiggfrie
Published officially in the Telegraph Herald newspaper this 24th day of
February, 2006.
/s/ Jeanne F. Schneider, CMC, City Clerk
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