Ordinance 27-06OFFICIAL PUBLICATION
ORDINANCE NO. 27-06
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF
THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING
HEREINAFTER DESCRIBED PROPERTY LOCATED AT 600 MAZZUCHELLI
DRIVE FROM R-2 TWO-FAMILY RESIDENTIAL DISTRICT TO PUD PLANNED
UNIT DEVELOPMENT DISTRICT WITH A PR PLANNED RESIDENTIAL
DISTRICT DESIGNATION AND ADOPTING A CONCEPTUAL DEVELOPMENT
PLAN, WITH CONDITIONS, FOR RIVER POINTE DEVELOPMENT.
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-2 Two -Family Residential District to PUD Planned Unit development
District with a PR Planned Residential District designation and adopting a conceptual
development plan, a copy of which is attached to and made a part hereof, with
conditions as:
Lot 2 of City Lot 723, City Lot 698, City Lot 693A, Lot 1 of Lot 2 City Lot 694,
Lot 2 of Lot 1 City Lot 694, Lot 2 City Lot 697, Lot 2 City Lot 726, Lot 2 of Lot
1 City Lot 725, Lot 1 of 1 of 19 City Lot 724 and Lot 2 of Roman Catholic
Grave Yard, 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) Multi -family dwellings: Two (2) 120 -unit condominium
buildings.
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:
600 Mazzuchelli Drive Page 2
1) The proposed condominium development shall be constructed in
substantial compliance with the attached conceptual development
plan.
2) Maximum building height shall be limited to 165 feet and 12 -
stories for buildings A and B. Building height shall be measured
form the floor elevation of the first story to the peak of the highest
roof structure
C. Performance Standards
The development and maintenance of uses in this PUD District shall be
regulated as follows:
1) River Pointe Development, LLC shall contribute a total of
$150,000 toward off-site street improvements related to this PUD.
The contribution shall be made in $50,000 increments, paid to the
City of Dubuque in fiscal years 2012, 2013 and 2014.
2) Parking Regulations
➢ Off-street parking shall be provided based on a ratio of 2.5
spaces per dwelling unit.
➢ All vehicle -related features shall be surfaced with either
asphalt or concrete.
➢ Curbing and proper surface drainage of storm water shall be
provided.
➢ All parking and loading spaces shall be delineated on the
surfacing material by painted stripes or other permanent
means.
➢ The number, size and design of parking spaces shall be
governed by applicable provisions of City of Dubuque
Ordinances enforced at the time of development of the lot.
➢ The number, size, design and location of parking spaces
designated for persons with disabilities shall be according to
the local, state or federal requirements in effect at the time
of development.
3) Blasting shall be prohibited within the area governed by this
planned unit development.
4) Site Lighting
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a) Exterior illumination of site features shall be limited to the
illumination of the following:
➢ Parking areas, driveways and loading facilities.
➢ Pedestrian walkway surfaces and entrances to building.
➢ Screened storage areas.
➢ Building exterior.
b) Location and Design:
➢ No light source shall provide illumination onto adjacent
lots, buildings or streets in excess of 1.0 foot candle.
➢ All exterior lighting luminaries shall be designed and
installed to shield light from the luminaire at angles above
72 -degrees from vertical.
➢ A lighting plan shall be included as part of site plan
submittals that indicates types of lights used and ground
light pattern for building lighting of building and parking -
related features.
➢ Fixtures mounted on a building shall not be positioned
higher than the roofline of the building.
➢ The top post mounted free-standing fixtures shall not be
higher than 30 feet above the ground.
➢ All electrical service lines to posts and fixtures shall be
underground and concealed inside the posts.
5) Storm Water Conveyance:
The developer shall be responsible for providing surface or
subsurface conveyance(s) of storm water from the lot to existing
storm sewers or to flow line of open drainageways outside the lot
in a means that is satisfactory to the City of Dubuque.
Other applicable regulations enforced by the City of Dubuque
relative to storm water management and drainage shall apply to
the subject property.
6) Exterior Trash Collection Areas:
➢ The storage of trash and debris shall be limited to that
produced by the principal permitted use and accessory uses
of the lot.
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➢ All exterior trash collection areas and the materials
contained therein shall be visually screened from view. The
screening shall be completely opaque fence, wall or other
feature not exceeding a height of 10 feet measured from the
ground level outside the line of the screen. Screens built on
sloping grades shall be stepped so that their top line shall
be horizontal. Exposed materials used to construct the
opaque screen shall be similar in appearance to materials
used for exterior building walls. All exterior entrances to a
screened trash area shall be provided with a gate or door of
similar design to that of the screen.
If a 10 -foot high screen fails to shield the exterior trash
collection area from view from points inside or outside of the
property, evergreen plantings may be required in addition to
the screening. Evergreen plant materials shall be selected
and designed so that they will screen the area from all off-
site visibility within five (5) years.
7) 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 Recreation 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
1) Signs in the PUD District shall be regulated in accordance with
the OR Office Residential sign regulations of the Zoning
Ordinance.
2) Variance requests from sign requirements for size, number and
height shall be reviewed by the Zoning Board of Adjustment in
accordance with Section 5-3 of the Zoning Ordinance.
F. Other Codes and Regulations
a) Service lines: All electric telephone, cable or other similar utility
lines serving the building and other site features shall be located
underground.
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b) Final site development plans shall be submitted in accordance
with Section 4-4 of the Zoning Ordinance prior to construction of
each building and vehicle -related features unless otherwise
exempted by Section 4-4.
c) The use of semi -trailers and shipping containers for storage is
prohibited.
d) These regulations do not relieve the owner from other applicable
city, county, state or federal codes, regulations, laws and other
controls relative to the planning, construction, operation and
management of property within the City of Dubuque.
G. Transfer of Ownership
Transfer of ownership or lease of property in this PUD District shall
include 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 R-2 Two -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.
I. 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. Occupancy Permits
No occupancy permit shall be issued by the City of Dubuque for
property included in the subject planned unit development district until
full compliance with this ordinance has been achieved.
K. 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 Advisory Commission of the City of Dubuque, Iowa.
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Section 4. The foregoing amendment shall take effect upon publication, as
provided by law.
Passed, approved and adopted this 20th day of March, 2006.
/s/Roy D. Buol, Mayor
Attest:
/s/Jeanne F. Schneider, CMC
City Clerk
ACCEPTANCE OF ORDINANCE NO. 27-06
I, A.J. Spiegel, representing River Pointe Development, LLC, property owner,
having read the terms and conditions of the foregoing Ordinance No. 27 — 06 and being
familiar with the conditions thereof, hereby accept this same and agree to the
conditions required therein.
Dated in Dubuque, Iowa this 6th day of March, 2006.
/s/A.J. Spiegel
Published officially in the Telegraph Herald Newspaper the 24th day of March, 2006.
/s/Jeanne F. Schneider, CMC
City Clerk
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