Proof ordinance 37-03OFFICIAL 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