Correction to Legal Description_Ordinance No. 7-09 Radio Dubuque_Nativity ParishDubuque
THE CITY OF
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Masterpiece an the Mississippi
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Ordinance No. 7-09: Rezoning from R-2 Two-Family Residential District
to OS Office Service District with Conditions for Radio Dubuque,
Inc./Nativity Parish
DATE: August 10, 2009
On February 16, 2009, the City Council approved an ordinance for rezoning property
owned by Nativity Parish. The rezoning was at the request of Radio Dubuque, Inc., who
wished to build a new radio station on the property. An incorrect legal description was
contained in that ordinance.
Planning Services Manager Laura Carstens recommends City Council approval of a
revised ordinance approving the rezoning as originally adopted by the City Council.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Laura Carstens, Planning Services Manager
Dubuque
THE CITY OF
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Masterpiece on the Mississippi °
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TO: Michael Van Milligen, City Manager ~(
FROM: Laura Carstens, Planning Services Manager ~~~,t'v
SUBJECT: Ordinance No. 7-09: Rezoning from R-2 Two-Family Residential District to
OS Office Service District with conditions for Radio Dubuque, Inc./Nativity
Parish
DATE: August 5, 2009
Attached to this memorandum is Ordinance 7-09 approving the rezoning of property
owned by Nativity Parish from R-2 Two-Family Residential District to OS Office Service
District with conditions that was approved by the City Council on February 16, 2009.
The rezoning was at the request of Radio Dubuque, Inc., who wished to build a new
radio station on the subject property.
The original ordinance approving the rezoning was approved by City Council at their
February 16, 2009 meeting, but contained an incorrect legal description. Tom Parsley
of Radio Dubuque, Inc. has requested a new ordinance. The enclosed ordinance
rescinds the previous ordinance and approves the rezoning as originally adopted by the
City Council.
I recommend that the revised ordinance be submitted to City Council for consideration
and approval.
Prepared by Kyle L. Kritz, Associate Planner
Attachment
Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St Telephone: 589-4210
Return to: Jeanne Schneider, City Clerk Address: City Hall- 50 W. 13 St Telephone: 589-4121
ORDINANCE NO. 42 -09
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY
OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED NEAR THE NORTHEAST CORNER OF
UNIVERSITY AVENUE AND NEVADA STREET FROM R-2 TWO-FAMILY RESIDENTIAL
DISTRICT TO OS OFFICE SERVICE DISTRICT, WITH CONDITIONS, AND RESCINDING
ORDINANCE 7-09.
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 OS Office Service District with conditions, and rescinding
Ordinance 7-09, to wit:
Lot 1 of 1 of 1 of 1 of 1 of 1 of Slattery's Subdivision, and to the centerline of the
adjoining public right-of-way, all in the City of Dubuque, Iowa.
Section 2. The foregoing amendment has heretofore been reviewed by the Zoning
Advisory Commission of the City of Dubuque, Iowa.
Section 3. This ordinance shall take effect immediately upon publication, as
provided by law.
Passed, approved and adopted this 17tH day f ~ August 2009.
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Attest:
Roy D. ~(ol, Mayor
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eanne F. Schneider, City Clerk
MEMORANDUM OF AGREEMENT
Pursuant to the Iowa Code Section 414.5 (2007), and as an express condition of
rezoning of the property described as:
Lot 1 of 1 of 1 of 1 of 1 of 1 of Slattery's Subdivision, 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. 42-09, 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) Conditions
1) That the front yard setback along University Avenue be 20 feet.
2) That no vehicle access is permitted to University Avenue.
B) Reclassification of the Subject Property. The City of Dubuque, Iowa may initiate
zoning reclassification proceedings to the R-2 Two-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. -
09.
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. 42 -09
I, Tom Parsley, representing Radio Dubuque, Inc., property owner, having read
the terms and conditions of the foregoing Ordinance No, 42 - 09 and being familiar
with the conditions thereof, hereby accept this same and agree to the conditions
required therein.
Dated in Dubuque, Iowa this 17th day of August, 2009.
By: /s/Thomas Parsley
Tom Parsley
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ACCEPTANCE O~ ORDINANCE NO. 42-09
I, Dwayne Thoman, representing Nativity parish, property owner, having read the
terms and conditions of the foregoing Ordinance No. 42-09 and being familiar with
the conditions thereof, hereby accept this same and agree to the conditions required
therein.
Dated in Dubuque, lawa this 17th day of August, 2009.
By: /s/Dwayne Thoman
Dwayne Thoman