Zoning Spiegel 2800 RhombergPrepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th Street Telephone: 589-4210
ORDINANCE NO. 37-03
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE
CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING
HEREINAFTER DESCRIBED PROPERTY LOCATED AT 2800 RHOMBERG
AVENUE FROM!CR COMMERCIAL RECREATION DISTRICT TO PUD PLANNED
UNIT DEVELOPMENT DISTRICT WITH A PR PLANNED RESIDENTIAL DISTRICT
DESIGNATION AND ADOPTING A CONCEPTUAL DEVELOPMENT PLAN WITH
CONDITIONS. ~
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 ar~ended by reclassifying the hereinafter described property from CR
commercial Recreation iDistrict to PUD Planned Unit Development District with a PR
Planned Residential DiStrict designation and adopting a conceptual development plan, a
copy of which is attached to and made a part hereof, with conditions as stated below, to wit:
Tollbridg& Place, and to the centerline of the adjoining public right-of-way, all
in the City of Dubuque, Iowa.
Section 2. Pursbant to Iowa Code Section 414.5 (2001), and as an express condition
of the reclassification, the undersigned property owner agrees to the following conditions, alt
of which the property owner further agrees are reasonable and imposed to satisfy the public
needs that are caused ~tirectly by the zoning reclassification:
A. Use Re,qulations.
The followihg regulations shall apply to all uses made of land in the above-
described pUD District:
1) Principal permitted uses shall be limited to 65 condominium units and a
community center.
2) Accessory uses shall include any use customarily incidental and
subordinate to the principal use it serves.
Lot and Bulk Regulations.
Development of land in the PUD Distdct shall be regulated as follows:
1) The proposed condominium development shall be constructed in
substantial compliance with the attached conceptual development plan.
Ordinance No. -03
Page 2
2) Maximum building height shall be limited to 740 feet above mean sea level,
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:
1) The property owner shall be responsible for securing all required state and
federal!permits and n compliance with regulations pertaining to the
environment and Endangered Species Act.
2) Adequete erosion control shall be provided during all phases of
construction.
3) Off-street parking shall be provided as shown on the approved conceptual
plan. i
4) Storm Water control facilities will be installed as per City Engineering
requir~rnents.
5) Final site development plans shall be submitted in accordance with Section
4-4 of ~he Zoning Ordinance prior to construction of any buildings.
Open Space and Recreational Areas
Open spac,~ and landscaping in the PUD Distdct shall be regulated as follows:
Those areas not designated on the conceptual development plan shall be
maintained las open space, as defined by Section 8 of the Zoning Ordinance by
the property owner and/or association.
Siqn Re,qulations.
Signs in the PUD District shall be regulated in accordance with the R-3 sign
regulationsiof the Zoning Ordinance.
Indemnification A.qreement.
So long as iany habitable structure exists on the property, Royal Oaks
Development Corporation ("Royal Oaks") agrees to defend, indemnify and hold
harmless the City of Dubuque, its officers and employees, from and against any
and all clai~ns of negligence of the City arising out of or related to rocks or other
natural objects, falling or being caused to fall from the bluff or park area owned
by the City !above or behind the condominium project. Such claims include, but
are not limi;ted to, claims by Royal Oaks' employees, agents and tenants,
residents of the condominium units, and their invitees and guests. Royal Oaks'
obligations! hereunder may be assumed by an association of condOminium
owners without the necessity of the City's consent, but with the City's approval of
the form of assumption agreement, which approval will not be reasonably
withheld. Upon such assumption, Royal Oaks shall be relieved of any further
Ordinance No. -03
Page 3
Go
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 Subject Property.
The City of Dubuque, Iowa, may initiate zoning reclassification proceedings to CR
Commercial Recreation District in accordance with Section 6 of the Zoning
Ordinance. if the property owner fails 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 wlth zoning reclassification proceedings of Section 6 of the Zoning
Ordinance.
Recordin,q.
A copy of this ordinance shall be recorded at the expense of the property
owner(s) with the Dubuque County Recorder as a permanent record of the
conditions accepted as part of this reclassification approval. This ordinance shall
be binding upon the undersigned and his/her heirs, successors and assigns.
foregOing amendment has heretofore been reviewed by the Zoning
Section
3.
The
Commission of the City of!Dubuque, Iowa.
Section 4. The foregoing amendment shall take effect upon publication, as provided by
law.
Passed, approved and adopted this 8th.. day of May, 2003.
Terrance M. Duggan, Mayor
ATTEST:
Ueanne F. Schneider, City Clerk
ACCEPTANCE OF ORDINANCE NO. 37-03
I, A.J. Spiegel, property owner, having read the terms and conditions of the
foregoing Ordinance No. 37 - 03 and being familiar with the conditions thereof, hereby
accept the same andagree to the conditions required therein.
Dated this 8th day of May, 2003.
/s/ A.J. Spiegel