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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-. - '.., '._ 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 :~aqumlq :~o a.l'O.~cI ;~'D-ggg VMOI '3NONSN(] t~go~' XO8 'O'd >IOO/S air' ,0~=,, ~ :3~V9S ~ ] 0$' 0 I I I I \ \\ d~N ~,J. 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