Ordinance 37-03 - Royal Oaks Development - Zoning-33
2103 H Y -9 PH 2: 08
LYr�;i i
DUBUQUE CRECORDER
.. IO AFEES ,r 23
°.
Prepared 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 amended by reclassifying the hereinafter described property from CR
commercial Recreation District 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:
Tollbridge Place, 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 (2001), 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:
A. Use Regulations.
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 65 condominium units and a
community center.
2) Accessory uses shall include any use customarily incidental and
subordinate to the principal use it serves.
B. Lot and Bulk Regulations.
Development of land in the PUD District shall be regulated as follows:
1) The proposed condominium development shall be constructed in
substantial compliance with the attached conceptual development plan.
LJ� • 1
r 111' 1 .
J.i?L Ll..'�• =.�'_
Ordinance No. -03
Page 2
2) Maximum building height shall be limited to 740 feet above mean sea level.
C. 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 in compliance with regulations pertaining to the
environment and Endangered Species Act.
2) Adequate erosion control shall be provided during all phases of
construction.
3) Off-street parking shall be provided as shown on the approved conceptual
plan.
4) Storm water control facilities will be installed as per City Engineering
requirements.
5) Final site development plans shall be submitted in accordance with Section
4-4 of the Zoning Ordinance prior to construction of any buildings.
D. 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 development plan shall be
maintained as open space, as defined by Section 8 of the Zoning Ordinance by
the property owner and/or association.
E. Sign Regulations.
Signs in the PUD District shall be regulated in accordance with the R-3 sign
regulations of the Zoning Ordinance.
F. Indemnification Agreement.
So long as any 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 claims 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 limited 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
G. 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.
H. 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 with zoning reclassification proceedings of Section 6 of the Zoning
Ordinance.
J. Recording.
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.
Section 3. The foregoing amendment has heretofore been reviewed by the Zoning
Commission of the City of Dubuque, Iowa.
law.
Section 4. The foregoing amendment shall take effect upon publication, as provided by
Passed, approved and adopted this 8th day of
ATTEST:
jZ / e%
Jeanne F. Schneider, City Clerk
May , 2003.
Terrance M. Duggan, a or
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 and agree to the conditions required therein.
Dated this day of 97
By:
, 2003.
CERTIFICATE OF CITY CLERK
STATE OF IOWA
COUNTY OF DUBUQUE )
I, Jeanne F. Schneider, do hereby certify that I am the duly 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. 37-03 is a correct
copy of the original Ordinance No. 37-03 approved and adopted by the City Council of
the City of Dubuque, Iowa, at a session held by said Council on the 8th day of May,
2003.
In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque,
Iowa.
Dated at Dubuque, Iowa on this 9th day of May, 2003.
Jeanne F. Schneider, CMC
City Clerk
0
OFFICIAL PUBLICATION
ORDINANCE NO. 37-03
AN ORDINANCE
AMENDING APPENDIX A
(THE ZONING ORDI-
NANCE) OF THE CITY OF
DUBUQUE CODE OF,
ORDINANCES BY
RECLASSIFYING HERE-
INAFTER DESCRIBED
PROPERTY LOCATED AT
2800 RHOMBERG AVE.
FROM CR COMMERCIAL
RECREATION DISTRICT
TO PUD PLANNED UNIT
DEVELOPMENT DIS-
TRICT WITH A PR
PLANNED RESIDENTIAL
DISTRICT DESIGNATION
AND ADOPTING A CON-
CEPTUAL MENT PLAN WITHECON-
DITIONS.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY
COUNCIL DUBUQUE, IOWA:
Stion 1. Appendix A
(the Zonl a Ordinance) of
the City of Dubuque Code
of Ordinances is hereby
amended by reclassifying
the hereinafter described
property from CR commer-
cial Recreation District 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:
Tollbridge Place, and to
the centerline of the adjoin-
ing public right-of-way, all
in the City of Dubuque,
Iowa.
Section 2. Pursuant to
Iowa Code Section 414.5
(2001), and as an express
condition of the reclassifi-
cation, 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:
A. Use Regulations. 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 65
condominium units and a
community center.
2) Accessory uses shall
include any use customari-
ly incidental and subordi-
nate to the principal use it
serves.
B. Lot and Bulk
Regulations. Development
of land in the PUD District --
shall be regulated as fol-
lows:
1) The proposed condo-
minium development shall
be constructed in substan-
tial compliance with the
attached conceptual devel-
opment plan.
2) Maximum building
height shall be limited to,.
740 feet above mean sea
level.
C. Performance
Standards. The develop-
ment and maintenance of
uses in this PUD District
shall be established in con-
formance with Section 3-
5.5 of the Zoning
Ordinance and the follow-
ing standards:
1) The property owner
shall be responsible for
securing all required state
and federal permits and in
compliance with regula-
tions pertaining to the envi-
ronment and Endangered
Species Act.
2) Adequate erosion con-,
trol shall be provided dur-
ing all phases of construc-
tion.
3) Off-street parking shall
be provided as shown on
the approved conceptual
plan.
4) Storm water control
facilities will be installed as
per City Engineering,,
requirements.
5) Final site development
plans shall be submitted in
accordance with Section.
4-4 of the Zoning
Ordinance prior to con-
struction of any buildings.
D. Open Space and
Recreational Areas. Open
space and landscaping in.
the PUD District shall be
regulated as follows:
Those areas not desig-
nated on the conceptual
development plan shall be
maintained as open space,
as defined by Section 8 of
the Zoning Ordinance by
the property owner and/or
association.
E. Sign Regulations
Signs in the PUD District
shall be regulated in accor-
dance with the R-3 sign
regulations of the Zoning
Ordinance.
F. Indemnification
Agreement. So long as
any habitable structure
exists on the property, --
Royal Oaks Development
Corporation ("Royal Oaks")
agrees to defend, indemni-
fy and hold harmless the
City of Dubuque, its offi-
cers and employees, from
and against any and all
claims of negligence of the
City arising out of or relat-
ed 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 limited to, claims by
rnent anu man nc, a,
uses in this PUD District
shall be established in con-
formance with Section 3-
5.5 of the Zoning
Ordinance and the follow-
ing standards: owner
1) The property
shall be responsible for
securing all required state
and federal permits and in
compliance with regula-
tions pertaining to the envi-
ronment and Endangered
Species Act.
2) Adequate erosion con-,
trol shall be provided dur-
ing all phases of construc-
tion.
3) Off-street parking shall
be provided as shown on
the approved conceptual
plan.
4) Storm water control
facilities will be installed as
per City 'Engineeringa
requirements.
5) Final site development
plans shall be submitted in
accordance with Section.
4-4 of the Zoning
Ordinance prior to con-
struction of any buildings.
D. Open Space and
Recreational Areas. Open
space and landscaping in.
the PUD District shall be
regulated as follows:
Those areas not desig-
nated on the conceptual
development plan shall be
maintained as open space,
as defined by Section 8 of
the Zoning Ordinance by
the property owner and/or
association.
E. Sign Regulations.
Signs in the PUD District
shall be regulated in accor-
dance with the R-3 sign
regulations of the Zoning
Ordinance.
F. Indemnification
Agreement. So long as
any habitable structure
exists on the property,- Royal Oaks Development
Corporation ("Royal Oaks")
agrees to defend, indemni-
fy and hold harmless the
City of Dubuque, its offi-
cers and employees, from
and against any and all
claims of negligence of the,
City arising out of or relat-
ed to rocks or other natural.,
objects, falling or being
caused to fall from the bluff
or park area owned by the
City above or behid the
condominium project.
Such claims include, but
are not limited to, claims by
Royal Oaks' employees,
agents and tenants, resi-
dents of the condominium,
units, and their invitees and
guests. Royal Oaks' oblig-
ations hereunder may be
assumed by an association
of condominium owners
without the necessity of the
City's consent,
butwith the
City's approval ofhe form
of assumption agreement,
which approval will not b
reasonably withheld. Upon
such assumption, Royal
Oaks shall be relieved of
any further obligation here-
under. This Agreement
shall be binding upon
Royal Oaks and its succes-
sors and assigns.
G. 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 pur-
chaser or lessee acknowl-
edges awareness of the
conditions authorizing the
establishment of the dis-
trict.
H. Reclassification of
Subject Property. The
City of Dubuque, Iowa,
may initiate zoning reclas-
sification 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 condi-
tions of this ordinance.
1. Modifications. Any
modifications of this
Ordinance must be
approved by the City
Council in accordance with
zoning reclassification pro-
ceedings of Section 6 of
the Zoning Ordinance.
J. Recording. A copy of
this ordinance shall be
recorded at the expense of
the property owner(s) with
the Dubuque County '
Recorder as a permanent -'j
record of the conditions
accepted as part of this
reclassification approval.
This ordinance shall be-
binding upon the under-
signed 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.
Passed, approved and
adopted this 8th day of
May, 2003.
/slTerrance M. Duggan,
Mayor
Attest:
Jeanne F. Schneider, CMC
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
and agree to the conditions
required therein.
Dated this 8th day of May,
2003.
/s/A. J. Spiegel
Published officially in the
Telegraph Herald the 14th
day of May, 2003.
/s/Jeanne F. Schneider,
cur. City Clerk.
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Sherri A. Yutzy, a Billing Clerk for Woodward Communications, Inc., an Iowa
corporation, publisher of the Telegraph Herald,a newspaper of general circulation
published in the City of Dubuque, County of Dubuque and State of Iowa; hereby
certify that the attached notice was published in said newspaper on the following
dates: May 14, 2003, and for which the charge is $48.69.
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this 1 STM day of (�l/(( , 2003
P
tary Public in and for Dubuque County, Iowa.
JANET K. PAPE
Commission Number 199659
Vy Commission Eaplres 12111104