Ordinance 55-06OFFICIAL PUBLICATION
ORDINANCE NO. 55-06
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE
CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED SOUTH OF DERBY GRANGE ROAD FROM
DUBUQUE COUNTY A-1 AGRICULTURAL DISTRICT TO CITY OF DUBUQUE AG
AGRICULTURAL DISTRICT, R-2 TWO-FAMILY RESIDENTIAL DISTRICT AND C-3
GENERAL COMMERCIAL DISTRICT, CONCURRENT WITH ANNEXATION, WITH
CONDITIONS.
Whereas, John W. and Sally Jo Herrig, property owners, have requested
rezoning concurrent with annexation to the City of Dubuque in accordance with Section
2-3 of Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances;
and
Whereas, this request has been found to be consistent with the Comprehensive
Plan and the Future Land Use Map of the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The application of John W. and Sally Jo Herrig, property owners,
for reclassification of the subject property to R-2 Two -Family Residential and C-3
General Commercial, has received a recommendation of approval from the Zoning
Advisory Commission, subject to conditions, and the applicant has accepted the
conditions.
Section 2. That Appendix A (The Zoning Ordinance) of the City of Dubuque
Code of Ordinances is hereby amended by reclassifying the hereinafter -described
property from Dubuque County A-1 Agricultural to City of Dubuque AG Agricultural
District, R-2 Two -Family Residential District and C-3 General Commercial District, with
conditions, as shown on Exhibit B incorporated herein by reference, to wit:
Lot 1 of Lot 2 of the SW 1/4 of the SE 1/4 of Section 8, T89N, R2E of the 5th P.M.,
Lot 1 of Butler's Hill Second Addition, Lot 3 of Butler's Hill Second Addition, Lot 2
of the N % of the SW Y4, Section 8, T89N of the 5th P.M., SW 1/4 of the SW Y4,
Section 8, T89N, R2E of the 5th P.M., all in Dubuque County, 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, and at such time that the herein described property is legally annexed
into the City of Dubuque, Iowa.
Passed, approved and adopted this 17th day of July, 2006.
/s/Roy D. Buol, Mayor
Attest:
/s/Jeanne F. Schneider, CMC
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:
As shown in Exhibit B, 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. 55-06, 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) Performance Standards
1) The following uses are prohibited in the subject C-3 General Commercial
District:
a) Auto repair/body shop
b) Mini -storage
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 ten (10) days of the adoption of Ordinance No. 55-
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. 55 - 06
We, John and Sally Jo Herrig, property owners, having read the terms and
conditions of the foregoing Ordinance No 55 — 06 and being familiar with the conditions
thereof, hereby accept the same and agree to the conditions required therein.
Dated this 17th day of July, 2006
By: John W. Herrig
By: Sally Jo Herrig
Insert Exhibit "B"
Published officially in the Telegraph Herald Newspaper the 24th day of July, 2006.
/s/Jeanne F. Schneider, CMC
City Clerk
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