Zoning 2702 Brunskill, Oak MeadPrepared by: Laura Camtens, City Planner Address: City Hall, 50 W. 13th Street Telephone: 589-42t0
ORDINANCE NO. 2-00
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF
THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING
HEREINAFTER DESCRIBED PROPERTY LOCATED AT 2702 BRUNSKILL
ROAD FROM R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT TO PUD
PLANNED UNIT DEVELOPMENT DISTRICT WITH A PR PLANNED
RESIDENTIAL DISTRICT DESIGNATION AND ADOPTING AN AMENDED
CONCEPTUAL DEVELOPMENT PLAN WITH CONDITIONS, FOR OAK
MEADOWS CONDOMINIUMS.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. Appendix A (the Zoning Ordinance) of the City of Dubuque Code of
Ordinances is hereby amended by reclassifying the hereinafter described property from
R-1 Single-Family Residential District.to PUD Planned Unit Development District with a
PR Planned Residential designation and adopting an amended conceptual
development plan, a copy of which is attached to and made a part hereof, for Oak
Meadows Condominiums as stated below, to wit:
Lot 2 of M.L. 222, Lot 2 of M.L. 223, Lot 2 of Block 1, Lot 1 thru 4 and Lot A
Block 2 of Oak Meadow 2nd Addition, and to the center line of the adjoining
public right-of-way, all in the City of Dubuque, Iowa.
Section 2. Pursuant to Iowa Code Section 414.5 (1993), and as an express
condition of the reclassification, the undersigned property owner agrees to the following
conditions, all of which the property owners further agrees are reasonable and imposed
to satisfy the public needs that are caused directly by the zoning reclassification:
Use Requlations.
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) 42 condominium units
2. Accessory uses shall include any use customarily incidental and
subordinate to the principal use it serves.
C=
Lot and Bulk Re.qu at ons
Development of land in the PUD District shall be regulated as follows:
All multi-family residential structures in the Planned Residential
development shall be constructed in substantial compliance with the
attached conceptual plan.
2. All buildings and structures shall provide a front yard setback from
Brunskill Road of twenty (20) feet.
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:
The phasing of the development shall occur as described on the
attached Conceptual Development Plan, with all site improvements to
be completed for each phase.
A private street meeting City Engineering specifications is to be
constructed by the developer. A "hold harmless" agreement between
the City and the property owners association shall be provided for
damages resulting from solid waste collection and routine or emergency
maintenance of City utility systems.
That a minimum of 150 feet separation be provided between Deerwood
Circle's south access with Brunskill Road and the Mulgrew property
driveway access.
Recreational facilities as shown and noted on the attached Conceptual
Development Plan shall be completed during by the end of the 2000
construction season.
Sidewalks as shown and noted on the attached Conceptual
Development Plan shall be completed by the end of 2000 construction
season from Brunskill Road to the last constructed unit.
Street lighting as shown and noted on the attached Conceptual
Development Plan shall be completed as each phase of the street is
constructed.
Landscaping as noted on the attached Conceptual Development Plan
shall be installed around each two-unit complex when that complex is
completed.
Go
HJ
=
Two parking spaces per dwelling unit shall be provided. Additional
open lot spaces shall be provided as shown on the attached Conceptual
Development Plan in lieu of curbside parking.
9. Storm water detention shall be provided as per City Engineering
requirements.
10. All utilities, including telephone and cable television, shall be installed
underground.
11. A final site development plan shall be submitted in accordance with
Section 4-4 of the Zoning Ordinance of the City of Dubuque, Iowa.
12. A Property Owners Association shall be established.
Open Space and Recreational Areas
Open space and landscaping in the PUD District shall be regulated as
follows:
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.
Sign Regulations.
Signs in the PUD District shall be regulated as follows:
Signs shall be allowed in the Planned Residential development in
accordance with the R-4 Multi-Family Residential District sign
regulations of the Zoning Ordinance.
Transfer of Ownership
Transfer of ownership or lease of property in this PUD District shall 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.
Reclassification of Subiect Property.
The City of Dubuque, Iowa, may initiate zoning reclassification proceedings
to the R-1 Single-Family Residential District in accordance with Section 6 of
the Zoning Ordinance if the property owners fail 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.
Recording.
^ copy of this ordinance shall be recorded at the expense of the property
owners with the Dubuque County Recorder as a permanent record of the
conditions accepted as paK of this reclassification approval within ten (10)
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 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 17 day of January , 2000.
ATTEST:
Terrance M. Duggan, Mayor
Mary A. Davis, City Clerk
F:\USERS~lELINDA\WP\COUNOIL\ORD~2702BRUN.ORD
ACCEPTANCE OF ORDINANCE NO. 2-00
We, Robert and Mary Lou Mulgrew, and James Stock, property owners,
having read the terms and conditions of the foregoing Ordinance No.2 -00 and being
familiar with the conditions thereof, hereby accept the same and agree to the conditions
required therein.
Dated this 17th day of January, 2000.
By: /s/ Robert Mulgrew (M.L.M.)
By: /s/ Mary Lou Mulgrew
By: /s/ James Stock
Planrdng Services Department
50 West 13th Street
Dubuque, Iowa 52001-4864
(319) 5894210
(319) 5894149 FAX
December 7, 1999
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque, IA 52001
RE:
Applicant:
Location:
Description:
Conceptual Development Plan
Jim Stock/Robert & Mary Lou Mulgrew
2702 Brunskill Road
To rezone property from R-1 Single-Family Residential Distdct to PUD Planned Unit
Development with a PR Planned Residential designation and to amend the existing
Planned Residential Distdct for Oak Meadows II.
Dear Mayor and City Council Members:
The Zoning Advisory Commission has reviewed the above-cited request. The application, staff
report and related materials are attached for your review.
Discussion
The applicant, Jim Stock, spoke in favor of the request. He stated that he plans to continue
development of two-unit condominiums by extending Deerwood Cimle, so the total number of units
would be 42. Staff reviewed the previous planned district regulations and conceptual plan, noting
that the applicant was approved for 44 units in 1991.
The Zoning Advisory Commission discussed the request noting that the revised layout is an
appropriate change and that the relocation of the recreation area will make it more useful to
residents of the development.
Recommendation
By a vote of 6 to 0 the Zoning Advisory Commission recommends that the City Council approve the
request with two (2) conditions. Conditions recommended by the Commission are: 1) That a
minimum of 150 feet separation be provided between DeenNood Cimle (south access) with Brunskill
Road and the Mulgrew property driveway access; and 2) that sidewalks be installed from Brunskill
Road to the portion developed at the end of the 2000 construction season.
A simple majority vote is needed for the City Council to approve the request,
Respectfully submitted,
Richard Schiltz, Chairperson
Zoning Advisory Commission
Attachments
Se~ice People Integrity Responsibility Innovation Teamwork
ACCEPTANCE OF ORDINANCE NO. -00
We, Robert and Mary Lou Mulgrew, and James Stock, property owners,
having read the terms and conditions of the foregoing Ordinance No. -00 and being
familiar with the conditions thereof, hereby accept the same and agree to the conditions
required therein.
Dated this day of ,2000.
By
Robert Mulgrew
By
Mary Lou Mulgew
By
James Stock
Planning Services Division
City Hall, 13th & Central Avenue
Dubuque. Iowa 52001
(319} 589-4210
PLANNING APPLICATION FORM
Zoning Board of Adjustment
__ Variance
__ Conditional Use Permit
__ Appeal- -
__ Special Exception
-- Limited Setback Waiver
Zoning Commission
Rezoning
Planned District
Preliminary Plat
Minor Final Plat
Text/Plan Amendment
Development Services
__ Simple Site Plan
__ Minor Site Plan
__ Major Site Plan
__ Major Final Plat
PLEASE TYPE OR PRINT LEGIBLY IN INK
Applicant/Agent: .,TJJ-/4/1 ~',~ ~O~C Telephone:
I
~,ng Zoning= ( Proposed Zoning:
Legal Description (met~_~o~...~ bounds, or lot number/block numbej/su~divjsion):
Total Property (lot) Area (Sq. Feet or Acres): ..~ ~7CC,1~¢5 Number of lots:
Describe proposal and reason necessary (aflach letter af explanation if needed): _~_____~..~
CERTIFICATION: I/We, the undersigned, do hereby ceflify that:
1) The information submitted herein is true and correct to the be~t of my/our knowledge and
upon submiffal becomes a public record;
2) Fees are not refundable and payment does not guarantee approval; and
3) Alt additional required written and graphic materials are at[ached.
Property Owner(s,: Q~d,4* ('' ?~ Date:
ApplJoantJAgent:
Date:
~> FOR OFFICE USE ONLY - APPLICATION SUBMI1TAL CHECKLIST
Fee: .~J,,~..~ Received by: ~-* Date: ~ Docket: ~J~'(~- ~'
Propedy Owne~hip list: ~'"~" Site Plan: ~ Floor Plan:. Plat:
Conceptual Development Plan: ~.~. Impravement Plans: Other:
5e.~-'ice People Integrity Responsibility Innovation Teamwork
CS
AG
R-1
AG
~Area requested to be rezoned.
Existing II Planned Residential District
Oak
Meadows
Applicant: J~m Stock
Location: 2702 Brunskill Road
Description: To rezone property from R-1
Single Family Residential District to PUD
Planned Unit Development with a PR Planned
Residential Designation.
PLANNED DISTRICT STAFF REPORT
Project Name:
Property Address:
Property Owner:
Applicant:
Zonin~l Agenda: December 1, 1999
Oak Meadow II
Deerwood Cimle
Robert and Mary Lou Mulgrew/James Stock
James Stock
Proposed Land Use:
Existing Land Use:
Adjacent Land Use:
Flood Plain:
Water:
Storm Sewer:
Residential
Residential
North - Residential
East - Residential
South - Agricultural
West - Residential
No
Yes
Yes
Proposed Zoning: PUD
Existing Zoning: R-l/PUD
Adjacent Zoning: North - R-1
East - R~I
South - PR
West- PR
Total Area: 2 acres
Existing Street Access: Yes
Sanitary Sewer: Yes
Previous Planned District: The Oak Meadow II Planned Unit Development was originally
approved by the City Council in March, 1991, allowing a total of 44 condominium units.
In January, 1992, the Zoning Advisory Commission approved an amended PUD still
providing for 44 condominium units. In March, 1998, the Zoning Advisory Commission
approved a change to the conceptual plan that reduced the number of condominium
units allowed from 44 to 32 and shifted Deerwood Circle to the north and closer to the
adjacent Oak Meadows condominium development.
Purpose: The proposed request is to incorporate a two acre parcel into the Oak
Meadows II development and to amend the existing PUD for Oak Meadows I1.
Physical Characteristics: The subject property to be rezoned from R-1 to PUD is
approximately two acres in size and is located immediately southeast of the existing
Oak Meadows II development. The property generally slopes to the southwest.
Conformance with Comprehensive Plan: The 1995 Comprehensive Plan did not
include the subject area.
lO
Staff Analysis:
Streets: The proposed amendment to the Oak Meadow II PUD provides for the
extension of Deerwood Cimle, a private street, to Brunskill Road. This basically
PLANNED DISTRICT STAFF REI~ORT Page 2
follows the previously approved conceptual plan but moves the access point to the
southeast further.
Sidewalks: Sidewalks will be installed throughout the PUD along the south side of
Deerwood Circle as required by the original PUD ordinance.
Parking: Two off-street parking spaces are provided for each unit with additional
off-street parking spaces provided along Deerwood Circle as shown on the
attached conceptual plan.
Lighting: As per City requirements.
Signage: Signage is regulated the same as in the R-4 Multi-Family Residential
District.
Bulk Regulations: The location of residential buildings are as shown on the
attached conceptual plan.
Permeable Area (%) & Location (Open Space): The total acreage in the
development is 10.4 acres, with approximately 7.4 acres remaining permeable,
primarily south and west of the condominiums. Permeable area is approximately
70% of the development.
Landscaping/Screening: Landscaping is being provided per building and a
landscaping schedule is provided on the conceptual plan.
Phasing of development: None proposed.
Impact of Request on:
Utilities: Existing utilities are adequate to serve the proposed development.
Traffic Patterns/Counts: Brunskill Road is classified as a collector street. 1997
traffic counts indicate 1,040 vehicle trips per day. Deerwood Circle is a private
street· No traffic counts are available. Once fully developed, approximately 250
vehicle tdps per day can be anticipated from the Oak Meadow II project.
Public Services: Existing public services are adequate to serve the site.
Environment: Staff does not anticipate any adverse impact to the environment
provided adequate erosion control is practiced during all phases of construction,
and that storm water detention is provided as per City of Dubuque Engineering
Standards.
Adjacent Properties: The requested amendment to the Oak Meadows II PUD
basically follows the odginal PUD that was approved in 1991. The total number of
units has been reduced from 44 to 32, and the alignment of Deerwood Cimle has
changed by principally heading more to the south and east.
PLANNED DISTRICT STAI~F REPORT Page 3
CIP Investments: None planned.
Staff Analysis: The applicant, James Stock is requesting that a two acre parcel be
rezoned from R-1 to PUD with a planned residential designation and to amend the
existing Oak Meadows II conceptual development plan. The Oak Meadows II
development was originally approved in 1991, and was subsequently amended by the
Zoning Advisory Commission in 1992. In 1998, the Zoning Advisory Commission
approved a change to the conceptual plan that reduced the number of condominium
units from 44 to 32 and shifted Deerwood Cimle to the north closer to the adjacent Oak
Meadows condominium development. The applicant has indicated that his ability to
purchase the two acre parcel from Robert and Mary Lou Mulgrew has enabled him to
redesign the extension of Deerwood Circle and accommodate condominium units on
both sides of the street.
The applicant is also relocating the recreation area from its proposed location in the
extreme southwest corner of the project, to approximately the middle of the
development. This relocation will make the recreation area more accessible to the
residents of the development and provide a convenient parking area adjacent to the
recreational area.
The condominium buildings are all setback 20 feet from the private street wikth spacing
between units of 15 feet. Each unit is provided a minimum of two off-street parking
spaces with additional off-street parking spaces provided along Deerwood Circle. Oak
Meadow II began development prior to the City's requirement for storm water detention.
However, as part of this new phase, storm water detention will be required and is shown
on the conceptual plan. The storm water will drain toward the Catfish Creek and should
not adversely impact any downstream properties.
Staff recommends the Zoning Advisory Commission review the plan approval standards
for submitted conceptual plans contained in Section 3-5.5(f) of the City of Dubuque
Zoning Ordinance.
Prepared by: ,~/'~ Z~eviewed: X~,~ Date:
November 24 1999 9:10 AM From: Stock Construction Co. Fax #: 3195562332 Page 1 of I
Oak Meado~ Corem ux~ty Assoo_~--_ [ tion'
Oak Afea~,~ Ct. ~Jl~uq~Je, I~. 52003 329-583-74~;$
November 21, 1999
~,,¢,Y'Y' OF DUB' ~UQUE
Stock Construction Co.
Attn: 3im Stock
PO Box 3054
Dubuque, IA 52004-3054
Dear Jim,
Oak Meadow Co--unity Association held its annual meeting on
November 10, 1999. There were 15 of the sixteen residents present
with an additional proxy vote. I explained your new proposal for
additiona! construction and told them you would be going before the
Planning and Zoning Conmdssion on December 1.
No one expressed any displeasure or had any questions. There were
some positive comments. The residents of the two story condos are
very happy with your new plan since there will be no new
construction in back of these buildings as was your previous plan.
~We appreciate your letting us preview your plans and hope
'everything goes according to your plans.
Sincere[ y,
C~ris.~ ~ Davidsaver
President, Oak Meadow Co~, Assn.
· DEC.
~AW OFFICEI!I OF
REYNOLDS & K- .NLIN , L.L.P.
SUIT~ 222 FIItCI..I~P. BUILDING
P.O. BOX .93,9
DUBUQU~ IOWA
~,~0~:
~; (BIg) ~56-8009
December 1, 1999
lO
City of Dubuque
Zoning and Advisory Commission
City Hall
50 West 13:~ Street
Dubuque, IA S2001-4864
To Whom It May Concern:
RE:
Robert and Mary Lou Mulgrew/
James Stock/Brunski!l Road Development
Applicant, James Stock, is requesting that a two (2) acre
parcel be re-zoned from R-1 to PUD with a planned residential
designation. Applicant is also seeking to amend the existing oak
Meadows II Conceptual Development Plan.
The purpose of this letter is to advise that Robert and
Mary Leu Mulgrew acquiesce to Mr. Stock's Application, provided
that any proposed curb cuts onto Brunskill Road remain located
where shown on Applicant's Conceptual Development Plan. Mr. sdld
Mrs. Mu!grew wish to apprise all interested parties that at some
future date they will need a private street access onto Brun~kill
Road to service their remaining proper~y. Because of the difficult
topography in the area, Mr. and Mrs. Mu!grew are limited as to
wh~re they can make the future curb cut. Mr. and Mrs. Mulgrew do
not acquiesce to any future curb cut ~ade by Applicant Stock which
would be contrary to the curb cuts depicted on the Development
Plan. It is the %understar~ding of the Mulgrew family that any curb
outs contrary to those depicted on the Applicant's Conceptual
Development Plan woul~ require formal amendment to =~e plan.
DEC. Z.~9~ 4:45PH
H0,275
LAW O~FXCE5 0]~
Me,ers of the Mu!grew family will be available in person at the
hearing to address any c/uestions the Com~Tission raight have
regarding the family's concerns. The Mulgrew family thanks you for
your consideration.
Sincerely,
WJM/dms
lO
CITY OF DUBUQUE, IOWA
OFFICIAL NOTICE
NOTICE is hereby given that the Dubuque City Council will conduct a public hearing at
a meeting to commence at 6:30 o'clock P.M. on January 17, 2000 in the Public Library
Auditorium for the purpose to consider amending City of Dubuque Zoning Map by
reclassifying property located at 2702 Brunskill Road from R-1 Single-Family
Residential District to PUD Planned Unit Development District with a PR Planned
Residential District Designation and Adopting an Amended Conceptual Development
Plan with conditions, for Oak Meadows Condominiums (Copy of supporting documents
are on file in the City Clerk's Office and may be viewed during normal working hours.)
Written comments regarding above reclassification may be submitted to the City Clerk's
Office on or before said time of public hearing.
At said time and place of public hearing all interested and citizens and parties will be
given an opportunity to be heard for or against said reclassification.
Any visual or hearing impaired persons needing special assistance or persons with
special accessibility needs should contact the City Clerk's Office at (319) 589-4120 or
TDD (319) 589-4193 in the Human Rights Department at least 48 hours prior to the
meeting.
Published by order of the City Council given on the 20 day of December, 1999.
It 1/7
Mary A. Davis CMC
City Clerk
CITY OF DUBUQUE, IOWA
OFFICIAL NOTICE
NOTICE is hereby given that the Dubuque City Council will conduct a public hearing at
a meeting to commence at 6:30 o'clock P.M. on January 17, 2000 in the Public Library
Auditorium for the purpose to consider amending City of Dubuque Zoning Map by
reclassifying property located at 2702 Brunskill Road from R-1 Single-Family
Residential District to PUD Planned Unit Development District with a PR Planned
Residential District Designation and Adopting an Amended Conceptual Development
Plan with conditions, for Oak Meadows Condominiums (Copy of supporting documents
are on file in the City Clerk's Office and may be viewed during normal working hours.)
Written comments regarding above reclassification may be submitted to the City Clerk's
Office on or before said time of public hearing.
At said time and place of public hearing all interested and citizens and parties will be
given an opportunity to be heard for or against said reclassification.
Any visual or hearing impaired persons needing special assistance or persons with
special accessibility needs should contact the City Clerk's Office at (319) 589-4120 or
TDD (319) 589-4193 in the Human Rights Department at least 48 hours prior to the
meeting.
Published by order of the City Council given on the 20 day of December, 1999.
ltl/7
Mary A. Davis CMC
City Clerk
.~D~EO-20-99 NON 03:12
TELEGRRPH HERALD
F~× NO,
3195885782
P, 08
cfT'Y OF DUBUQUE, iOWA
OFFICIAL NOTICE
the Dubuque at a
meet~n!
th~, F
L:L-. -
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'._
a PR and
Oi~ict Corn
Actopting an
oepiual
Oak
wit~
Meadows
(Copy oi~ euppo~ng decu~
merits are on file i~ the City
Clerk's Ofi=c end may be
viewed during norms working
hours.)
Wri[ten comments regarding
above recluse fi¢=t on may
submilmd ).o the
Office en or before s~ld time om
pub)is hearing,
At said t~"~e and pia.~c~, of
pubt[¢ hearing, a interested
~'""m~ens and partie~, wilt be
dassiticnti~l,
Any vls~al or hearing im-
paired persons needing sp.~-
cial essistance of persun$ with
enedal aocesslbili,t~
[F~ould ~ont~ct th¢ City Cterk
Ob'ice at (319) 5694[20 or,
TOO (31g) 589-4193
Human Rights Department ~t
lea~t 48 hours prier to the
meeting,
Published by order of the Oity
C.,o'anoit given on [he
December 1999. . ,_
Mery A, Davis. C~ty Clem
lti/7
ORDINANCE NO. 2 -00
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF
THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING
HEREINAFTER DESCRIBED PROPERTY LOCATED AT 2702 BRUNSKILL
ROAD FROM R-I SINGLE-FAMILY RESIDENTIAL DISTRICT TO PUD
PLANNED UNIT DEVELOPMENT DISTRICT WITH A PR PLANNED
RESIDENTIAL DISTRICT DESIGNATION AND ADOPTING AN AMENDED
CONCEPTUAL DEVELOPMENT PLAN WITH CONDITIONS, FOR OAK
MEADOWS CONDOMINIUMS.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. Appendix A (the Zoning Ordinance) of the City of Dubuque Code of
Ordinances is hereby amended by reclassifying the hereinafter described property from
R~I Single-Family Residential District to PUD Planned Unit Development District with a
PR Planned Residential designation and adopting an amended conceptual
development plan, a copy of which is attached to and made a part hereof, for Oak
Meadows Condominiums as stated below, to wit:
Lot 2 of M.L. 222, Lot 2 of M.L. 223, Lot 2 of Block 1, Lot 1 thru 4 and Lot A
Block 2 of Oak Meadow 2nd Addition, and to the center line of the adjoining
public right-of-way, all in the City of Dubuque, Iowa.
Section 2. Pursuant to Iowa Code Section 414.5 (1993), and as an express
condition of the reclassification, the undersigned property owner agrees to the following
conditions, all of which the property owners further agrees are reasonable and imposed
to satisfy the public needs that are caused directly by the zoning reclassification:
Ao
Use Re.qulat ons.
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) 42 condominium units
2. Accessory uses shall include any use customarily incidental and
subordinate to the principal use it serves.
B=
Lot and Bulk Requlations.
Development of land in the PUD District shall be regulated as follows:
All multi-family residential structures in the Planned Residential
development shall be constructed in substantial compliance with the
attached conceptual plan.
2. All buildings and structures shall provide a front yard setback from
Brunskill Road of twenty (20) feet.
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:
The phasing of the development shall occur as described on the
attached Conceptual Development Plan, with all site improvements to
be completed for each phase.
A pdvate street meeting City Engineering specifications is to be
constructed by the developer. A "hold harmless" agreement between
the City and the property owners association shall be provided for
damages resulting from solid waste collection and routine or emergency
maintenance of City utility systems. ,
o
That a minimum of 150 feet separation be provided between Deerwood
Circle's south access with Brunskill Road and the Mulgrew property
driveway access.
Recreational facilities as shown and noted on the attached Conceptual
Development Plan shall be completed during by the end of the 2000
construction season.
Sidewalks as shown and noted on the attached Conceptual
Development Plan shall be completed by the end of 2000 construction
season from Brunskill Road to the last constructed unit.
Street lighting as shown and noted on the attached Conceptual
Development Plan shall be completed as each phase of the street is
constructed.
Landscaping as noted on the attached Conceptual Development Plan
shall be installed around each two-unit complex when that complex is
completed.
Two parking spaces per dwelling unit shall be provided. Additional
open lot spaces shall be provided as shown on the attached Conceptual
Development Plan in lieu of curbside parking.
9. Storm water detention shall be provided as per City Engineering
requirements.
10. All utilities, including telephone and cable television, shall be installed
underground.
11.
A final site development plan shall be submitted in accordance with
Section 4-4 of the Zoning Ordinance of the City of Dubuque, Iowa.
12. A Property Owners Association shall be established.
Open Space and Recreational Area~
Open space and landscaping in the PUD District shall be regulated as
follows:
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.
Signs in the PUD Distdct shall be regulated as follows:
Signs shall be allowed in the Planned Residential development in
accordance with the R-4 Multi-Family Residential District sign
regulations of the Zoning Ordinance.
Transfer of Ownership
.Transfer of ownership or lease of property in this PUD District shall include
m the transfer or lease agreement a provision that the purchaser or lessee
acknowledges awareness of the conditions authorizing the establishment of
the District.
Reclassification of Subject Property.
The City of Dubuque, Iowa, may initiate zoning reclassification proceedings
to the R-1 Single-Family Residential District in accordance with Secfion 6 of
the Zoning Ordinance if the property owners fail 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.
Recordin.q.
^ copy of this ordinance shall be recorded at the expense of the property
owners with the Dubuque County Recorder as a permanent record of the
conditions accepted as part of this reclassification approval within ten (10)
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 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 17 day of ~]anuar'y , 2000.
ATTEST:
/ Terrance ~ Du/~/, Mayor
MaryyDavisl City Clerk
F:\USERSWIE LIN DA~WP\COU N ClL\OR D~.702BRUN.ORD
ACCEPTANCE OF ORDINANCE NO. 2 -00
We, Robert and Mary Lou Mulgrew, and James Stock, property owners,
having read the terms and conditions of the foregoing Ordinance No.2 -00 and being
familiar with the conditions thereof, hereby accept the same and agree to the conditions
required therein.
Dated this l¢~day of ¢¢'~o~ ,2000.
By ~AW~-,~
Jam~tock ....
S~TATE OF IOWA
COUNTY OFDUBUQUE
CERTIFICATE OF CITY CLERK
I, Mary A. Davis, do hereby certify that I am the duty appointed, qualified, and
acting Clerk of the City of Dubuque, Iowa in the County aforesaid, and as such
Clerk I have in my possession or have access to the records of the proceedings of
the City Council. I do further state that the hereto attached Ordinance .No. 2-00
is a correct copy of the original Ordinance No. 2-00 approved and adopted by
the City Council of the City of Dubuque, Iowa, at a session held by said Council on
the 17th day of January, 2000.
In Testimony Whereof, I hereunto set my hand and official seal of the City of
Dubuque, Iowa.
Dated at Dubuque, Iowa this 18th day of January, 2000.
~/lVlary A. Davis CMC
City Clerk for City of Dubuque, Iowa
00-~9166
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