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Ordinance 65-06OFFICIAL PUBLICATION ORDINANCE NO. 65-06 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT THE NORTHWEST CORNER OF ASBURY ROAD AND THE NORTHWEST ARTERIAL TO AMEND ORDINANCE NO. 44-99 THAT ESTABLISHED THE PUD PLANNED UNIT DEVELOPMENT DISTRICT FOR ASBURY PLAZA AND ADOPTING AMENDED REGULATIONS FOR OUT LOT SIGNAGE 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 Ordinance No. 44-99, which adopted regulations for the Asbury Plaza Planned Unit Development District for hereinafter described property, to wit: Lots 1, 2, 3 and F of Asbury Plaza No. 2, Lot 1-1 of Asbury Plaza, Lot 1 of Asbury Plaza No. 6, Lot 1 of Asbury Plaza No. 7, Lot A of Asbury Plaza No. 8, Lot 1 and 2 Asbury Plaza No. 9, Lot 1 and Lot A Asbury Plaza No. 10, Lot 2 Asbury Plaza No. 11, Lots 1, 2, 3, 4 and 6 of Asbury Plaza No. 12, Lot 2 of Asbury Plaza No. 13, and Lots 1, 2 and A of Asbury Plaza No. 14, 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 (2005) 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: 3. Out Lot Signage: a) Each out lot parcel shall be allowed wall -mounted signage as per the C-3 General Commercial District sign regulations. The maximum number of signs per business is two (2) signs. b) Each out lot parcel shall be allowed one (1) freestanding sign, limited to 100 square feet in size and a maximum height of 25 feet. c) Each out lot with three (3) or more frontages shall be allowed one (1) additional freestanding monument -style sign not to exceed ten (10) square feet in area and ten (10) feet in height. Section 3. 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 after the adoption of this Ordinance. This Ordinance shall be binding upon the undersigned and his/her heirs, successors and assigns. Section 4. The foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 5. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 16th day of October, 2006. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC City Clerk ACCEPTANCE OF ORDINANCE NO. 65-06 I, Andrew Mozena, representing Premier Bank, having read the terms and conditions of the foregoing Ordinance No. 65-06 and being familiar with the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa this 10th day of October, 2006. /s/Andrew Mozena Published officially in the Telegraph Herald Newspaper the 21 st day of October, 2006. /s/Jeanne F. Schneider, CMC City Clerk 1t 10/21