Eagle Valley Sub Devel AgreemenMEMORANDUM
TO:
FROM:
SUBJECT:
November 25, 2003
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
Development Agreement for Eagle Valley Subdivision
The report of the Affordable Housing Task Force for owner-occupied affordable housing
,,~as first released to the Council in December 2001 and presented in two work
sessions.
An up-date to this report was submitted to the Council June 25, 2003. In that up-date, it
was noted that a development agreement would be signed with the subdivision
developer, specifying the requirements for participation and requiting repayment of any
City subsidies in the event of non-performance.
Fondeil Excavating Inc., developer of the Eagle Valley Subdivision on Roosevelt Road,
has completed preparation of their 22 acre site and is now ready to begin selling lots for
affordable housing.
Housing and Community Development Department Director David Hards is
recommending approval of an agreement with the developer that meets the criteria
previously established by the City Council, with one exception. All the incentives have
been based on the City Council policy to assist owner occupied affordable housing.
This agreement provides for rental of newly constructed housing units prior to sale, with
an option to purchase. The rental arrangement is allowed for a maximum of two years
and the City has review approval of any lease-purchase agreement.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
David Harris, Housing and Community Development Department Director
CITY OF DUBUQUE, IOWA
MEMORANDUM
21 November 03
To: Mike Van %M[l~gen, City Manager
From: David Harris, Housing and Community Development Department
Re: Development Agreement for Eagle Valley Subdivision
Introduction
The purpose of this memorandum is to request the City Council's approval of the
attached Agreement with Fondell Excavating Inc for development of affordable
single-family housing in the Eagle Valley Subdivision.
Background
The report of the Affordable Housing Task Force for owner-occupied affordable
housing was first released to the Council in December 200t and presented in two
worksessions.
An up-date to this report was submitted to the Council in June 03 (copy of
memorandum attached). In that up-date, it was noted that a ~development
agreement" would be signed with the subdivision developer, specifying the
requirements for participation and requiring repayment of any City subsidies in
the event of non-performance.
Staff from the Housing, Planning, Engineering and Water Departments have met
With several developers and held a series of inter-departmental meetings, since
June. The details of a development agreement, drafted by the Legal
Department, have been discussed and revised in a series of draft documents.
Discussion
Fondell Excavating Inc., developer of the Eagle Valley Subdivision on Roosevelt
Road, has completed preparation of their 22 acre site and is now ready to begin
selling lots for affordable housing. An Agreement has been drafted that specifies
the conditions and terms for the developer's performance. It is ready for Council
review and approval.
Of note is one provision, however, which has been added at the request of the
developer, providing for rental of newly-constructed housing units prior to sale,
with an option to purchase.
The rationale for this is that purchase of a $120-130 000 home is a challenge for
a household earning $40-50 000. One practice that facilitates this sale is to allow
the family to rent with an option to buy. A portion of the monthly rental payment
is escrowed, to be used as a downpayment when the option to purchase is
exercised.
This provision has been incorporated in the Agreement. It specifies that the
option is for a maximum of two years only, with the City having review approval
of any lease-purchase agreement.
Action Step
The action requested of the City Council is to approve the attached Agreement
between the City and Fondell Excavating Inc., for the Eagle Valley Subdivision.
Once approved, Fondell anticipates quick sales to interested builders and
subsequent construction of housing according to the recommendations of the
Affordable Housing Task Force report.
Prepared by: Barry A. Lindahl, Corporation Counsel, 300 Main Street, Dubuque lA 52001 (563) 583-4113
AGREEMENT BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
FONDELL EXCAVATING, INC.
This Agreement is made and entered into by and between the City of Dubuque,
Iowa (City) and Fondell Excavating, Inc. (Developer), this 2nd day of December, 2003.
WHEREAS, Developer is the owner of the following described real property in the
City of Dubuque, Iowa:
Lots 1-2, inclusive, of Block 1,
Lots 1-27, inclusive, of Block 2,
Lots 1-13, inclusive, of Block 3,
Lots 1-13, inclusive, of Block 4,
Lots 1-21, inclusive, of Block 6,
Lots 1-10, inclusive, of Block 7,
and Lots A-I, inclusive,
all of Eagle Valley Subdivision, being a subdivision of Lot 1-2 of Mineral Lot 311, in
the City of Dubuque, Dubuque County, Iowa; (the Subdivision); and
WHEREAS, Developer is interested in the sale of lots and/or the construction and
sale of homes/units in the Subdivision for owner-occupied affordable housing; and
WHEREAS, City is willing to grant incentives to Developer for the sale of lots and/or
the construction and sale of homes/units for owner-occupied affordable housing upon the
terms and conditions set forth herein.
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS
FOLLOWS:
1. Eighty percent (80%) of the lots in the Subdivision described above shall be
affordable housing lots as defined herein and shall comply with the provisions as
defined herein.
2. For purposes of this Agreement, an affordable housing lot shall mean a lot that
meets the following standards:
1. A lot for a single family dwelling:
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1. The lot upon which a dwelling is constructed may not exceed 6500 square
feet in area.
2. The street frontage of the lot may not be less than 50 feet and not more than
75 feet.
3. The constructed dwelling may not exceed 1200 square feet of finished space,
excluding basements, attics, and garages.
4. The 2003 lot price may not exceed $26,500.00. For the sale of affordable
housing lots in 2004 and subsequent years, the maximum sales price for each
of the lots during each subsequent year shall be the amount obtained by
multiplying $26,500.00 by a fraction, the numerator of which is the
Consumer Price Index - Seasonally Adjusted U.S. City Average For All Items
For All Urban Consumers (1967 = 100) published monthly by the Bureau of
Labor Statistics of the United States Department of Labor ("CPI-U"), for
December of the year immediately preceding the year at issue, and the
denominator of which is the CPI-U for December of 2002.
2. A lot for a duplex/two-family dwelling:
1. The lot upon which a duplex/two family dwelling is constructed may not
exceed a total of 7000 square feet.
2. The street frontage of the lot may not be less than 50 feet and not more than
100 feet.
3. The constructed dwelling may not exceed 1200 square feet of finished space
per dwelling unit, excluding basements, attics and garages.
4. The 2003 duplex/two-family lot price may not exceed a total of$53,000 per
lot. For the sale of an affordable housing duplex/two family lot in 2004 and
subsequent years, the maximum sales price for each of the lots during each
subsequent year shall be the amount obtained by multiplying $53,000.00 by a
fraction, the numerator of which is the Consumer Price Index - Seasonally
Adjusted U.S. City Average For All Items For All Urban Consumers (1967 =
100) published monthly by the Bureau of Labor Statistics of the United States
Department of Labor ("CPI-U"), for December of the year immediately
preceding the year at issue, and the denominator of which is the CPI-U for
December of2002.
3. A lot for a multi-family dwelling.
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I. The lot upon which a multi/three or more family dwelling is constructed may
not exceed 6,500 square feet per dwelling unit.
2, The street frontage of the lot may not be less than 50 feet and not more than
180 feet.
3. The constructed dwelling may not exceed 1200 square feet of finished space
per dwelling unit, excluding basements, attics and garages.
4, The 2003 multi-family dwelling lot price shall not exceed $26,500 x the
number of units the lot is platted for. For the sale of an affordable housing
multi-family lot in 2004 and subsequent years, the maximum sales price for
each of the lots during each subsequent year shall be the amount obtained by
multiplying the price calculated as identified herein for 2003 by a fraction,
the numerator of which is the Consumer Price Index - Seasonally Adjusted
U.S. City Average For All Items For All Urban Consumers (1967 = 100)
published monthly by the Bureau of Labor Statistics of the United States
Department of Labor ("CPI-U"), for December of the year immediately
preceding the year at issue, and the denominator of which is the CPI-U for
December of 2002.
3. As eighty percent (80%) of the lots in the Subdivision identified above are designated as
affordable housing lots, City shall provide to Developer the following incentives:
I. The minimum width of public street pavement width shall be 27 feet and the
minimum right-of-way width shall be 42 feet. Parking shall be restricted to one side
of the street only.
2. Water main and sanitary sewer connection fees and/or assessments will be waived.
3. The lot frontage minimum for a single family dwelling shall be 50 feet and the
maximum lot width for a single family dwelling shall be 75 feet.
4. Subject to availability of funds, Developer will receive a preference when applying
for City Enterprise Funds (0 interest, 5-year loans) for the installation of water and
sanitary sewer.
4, Developer agrees that no more than twenty percent (20%) of the lots in the Subdivision shall
be sold for more than the maximum sales price for an affordable housing lot as defined
herein. This paragraph shall not apply to the sale of any lot upon which a dwelling unit has
been built.
5. The Developer shall provide a copy of the purchase agreement and the declaration of value
for the sale by developer of each affordable housing lot in the Subdivision to City's Building
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Services Department prior to the time of closing on the sale. Developer shall include in the
agreement for the purchase of each affordable housing lot in the Subdivision, and in any deed
conveying such affordable housing lot, a provision that if the purchaser or any subsequent
purchaser of the lot does not construct a dwelling unit on the lot, then the purchaser or any
subsequent purchaser shall be bound by the maximum sales price as determined by this
Agreement and that in the event of a sale in excess of the maximum sales price, the seller
shall pay to City, upon City's demand, the difference between the actual sales price and the
maximum sales price as defined herein.
6. Developer agrees that eighty percent (80%) of the dwelling units in the Subdivision shall not
exceed 1200 square feet in interior finished space at the time of transfer of title to the
purchaser. Except for the other twenty percent (20%) of the dwelling units in the
Subdivision, for each dwelling unit constructed on an affordable housing lot with an interior
finished space in excess of 1200 square feet at the time the unit is transferred to the
purchaser, the party constructing said unit shall pay to the City a surcharge of $25.00 per
square foot for each square foot in excess of said limit.
Developer shall include in any agreement for the purchase of a lot or unit in the Subdivision,
and in any deed conveying an affordable housing lot or unit, a provision that requires the
party who constructs a dwelling unit with interior finished space in excess of 1200 square
feet, to pay to the City a surcharge of$25.00 per square foot for each square foot in excess of
said limit.
7. After a dwelling unit on an affordable housing lot has been transferred to a purchaser, the
purchaser shall not be bound by the 1200 square feet restriction provided for in paragraphs 2
and 6 above and the purchaser may expand the exterior structure or interior finished square
feet of the unit without limit, except as may be limited only by the size of the lot and other
applicable laws. No penalty shall be imposed, in accordance with paragraph 6, for any
expansion of the exterior structure or interior finished space occurring after transfer of title to
the purchaser.
8. In the event the Developer, or any of its purchasers, successors, heirs or assigns, violates any
requirement or condition of this Agreement, the person violating the Agreement shall repay
to the City any and all assessments waived under this Agreement, any connection fees
waived under this Agreement and a penalty equal to fifteen percent (15%) of the Developer's
cost of street construction in the Subdivision. In addition, any City Enterprise Funds
borrowed by Developer shall bear an interest rate of five and one-half percent ( 5 1/2%) per
annum retroactive to the date the funds were borrowed.
9. The Developer agrees to file, prior to the sale of any lot in the Subdivision, restrictive
covenants applicable to the subdivision which include a restriction prohibiting the rental or
lease of any dwelling unit constructed on an affordable housing lot, except as specifically
allowed herein.
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10. It is contemplated and assumed by this Agreement that an affordable housing lot or unit may
be transferred by land contract and that an owner/occupant of an affordable housing unit may
be a contract buyer pursuant to such a land contract.
11. A rental agreement with an option to purchase shall be permissible and an owner/occupant of
an affordable housing unit may be a tenantlbuyer pursuant to a rental agreement with an
option to purchase, provided that the term of rental shall not exceed a term of two (2) years.
The lease purchase agreement must be approved by the City of Dubuque Housing
Department.
12. The provisions ofthis Agreement are binding upon the parties, purchaser, successors, heirs
and assigns of each lot and unit only until such time as the property is transferred to the first
owner/occupant. Thereafter, so as to allow the homes to grow with the needs and financial
abilities of the owner/occupant, the restrictions identified herein no longer apply.
13. The Developer hereby designates as affordable housing lots the lots specified on the attached
final plat for the Subdivision.
14. This Agreement shall terminate twenty (20) years from the date if its execution.
15. Upon execution ofthis Agreement, the City shall promptly record this Agreement with the
Dubuque County Recorder.
CITY OF DUBUQUE, IOWA
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By: l
Terr eM. Duggan
Mayor
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DUBUQUE COUNTY
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STATE OF IOWA
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On this /~i day Of~j/L$C/~/ ,2003, before me, the undersigned, a Notary Public
in and for said County and State, personally appeared TERRANCE M. DUGGAN and JEANNE F.
SCHNEIDER, to me personally known, who being by me duIy sworn, did say that they are the
Mayor and City Clerk, respectively, of the City of Dubuque, Iowa, a municipal corporation; that the
seal affixed to the foregoing instrument is the corporate seal of the corporation; that said instrument
was signed and sealed on behalf of the corporation by authority of its City Council, ~ conlmned-in
R-eseltltien-No. plt33ecl-lly the Gity GlhdlGil ell the all) of _, and that
TERRANCE M. DUGGAN and JEANNE F. SCHNEIDER acknowledged the execution of the
foregoing instrument to be their voluntary act and deed and the voluntary act and deed of the
corporation, by it and by them voluntarily executed.
\ , UUMMI t.\, WINTER
~~7 COMMISSION NO, 7
~ ' : MY COMMISSION EX
'ow' 2/14/05
Attest
FONDELL EXCAVATING, INC.
By:
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Mark R. Fondell
President
,
By:
ames P. Kemp,
Vice President and Secretary
STATE OF IOWA
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ss.
DUBUQUE COUNTY
On this d.~ day of \)E.C"'~~" 2003, before me, the undersigned, a Notary Public in
and for said State, personally appeared MARK R. FONDELL and JAMES P. KEMP, to me
personally known, who being by me duly sworn, did say that they are the President and Vice
President/Secretary of said corporation; that [no seal has been procured by the said corporation]; that
said instrument was signed [and sealed] on behalf of said corporation by authority of its Board of
Directors; and that the said MARK R. FONDELL and JAMES P. KEMP, as such officers,
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acknowledged the execution of said instrument to be the voluntary act and deed of said corporation,
by it and by them voluntarily executed.
1\, ". KATHY JO KEMP
o ,
~ ~ Commllllon Number 724343
J. 'oW> I lly C<lmm. Exp. OCT. 2, 2006
~~~~
Notary PuBlic' and for said State
S:\ WP\JOAN\Fondell Excavating-JAC\Agreement with City ot Dubuque.wpd
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;>003 DEe 22 ^M 8: 42
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CIJUUQUE CO..IOI'IA FEES -r VJ
Prepared By:
Buesing & Associates, Inc., 1212 Locust Street, Dubuque, fA 52001
PH: (563) 556.4389
AFFIDAVIT
Sheet 1 of2
STATE OF IOWA )
) SS
DUBUQUE COUNTY )
I, John L. White, being first duly sworn under oath do depose and state as follows:
1. That I am a duly registered land surveyor licensed in the State ofIowa, License No. 4016.
2. That I prepared a FINAL PLAT OF LOTS 1 - 2, INCLUSIVE, OF BLOCK 1, LOTS 1 _ 27,
INCLUSIVE, OF BLOCK 2, LOTS 1 -13, INCLUSIVE, OF BLOCK 3, LOTS 1 -13,
INCLUSIVE OF BLOCK 4, LOTS 1 - 21, INCLUSIVE, OF BLOCK 6, LOTS 1 -10,
INCLUSIVE, OF BLOCK 7, AND LOTS A -I, INCLUSIVE, ALL OF EAGLE VALLEY
SUBDIVISION, BEING A SUBDIVISION OF LOT 1.2 OF MINERAL LOT 311, IN THE CITY
OF DUBUQUE, IOWA, DUBUQUE COUNTY, IOWA. Which plat is recorded as Instrument No.
26602-03, dated 9/25/2003, in the office of Dubuque County Recorder.
3. That on Sheet I of6 and Sheet 2 of6, there is an incorrect area on Lot 8 of Block 3, which reads as
follows:
5176 SF
(0.119 AC)
The correct area for Lot 8 of Block 3 should read as follows:
8479 SF
(0.195 AC)
4. That on Sheet 2 of6, the easement locations as shown in Lot G are incorrect. The ease.ment locations
shifted as the utilities were installed. The correct easement locations are as shown on Exhibit "A"
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T L. White, PLS
Subscribed and sworn to and before me by John L. White this /1 fit day of &,~
.
ffA.
Dated at Dubuque, Iowa, this /7 day of j)e:-<-
,2003
Notary Public in and for the State ofIowa
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PREP"REO BV: BUESINC'" "SSOCI"TES
"'OORESS: 1212 LOCUST STREET OURUOlJE lOW" 52001
PHONE: (56JI 556-4389
EXHIBIT "A"
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SCALE
I
0'
-
-
100'
I
100'
".
LOT II
COTA SUB.
50'
LOT 2-2
~L Jll
69.00'
69.00'
69.00'
~
W/"'I LOT 10
COTA SUB.
92.17' I ~r . 110.75'
i- j'r20' UTIL. EASE.
LOT 9 LOT 10 ~ bLOT 12 :. .(j LOT 13
~ LOT 8 ~ ~ ~~ LOT 11 .on~ 6165 Sf -l~: 8947 SF
:;; 15255 SF :;; 6045 SF :;; 604J SF P:O 6040 Sf' P:O {D.Hl AC)... L (0.205 AC)
la' (0.350 AC) (0.139 AC) (0139 ACt~K (0139 2C) ~ /C..s:~ I CI1":.b, N"'n'''o'o~"W
h------~--I~--,7;:OO'--h--h- h6'~OO'--- -1,80'-- ---69o:~-T- o-;;-;c' 7'-oj L~\ L~~"14 .,.
- - - - R~j'~ - -, - - - -BAt:B-- EA-6t:E -€BUR-f- -:i57.38 Sf'- - - -II 51 6119 Sf ~
(1.050 AC) I (0.140 AC) " ~
.., r-~..:..D9'-- __~:9[ , ,..._'&~Q.O':'_.... r--~jlQ'-__f-__2.9.:...o.Q'___ __~!lQ.9:"'__ -Q.-~(..u. l.J... N.lW,,>n'08"W ~ lJ,l"
~ 1--10' U11l. ASE. 10'] I I -I I-- 10' UTlL. &. RAIN ACE EASE. ~ ~ "\',r;,,;,...~. ,...9-.... 71.51'
I I I I I I ''r-.....'.(" c'.... .,
,-.,LOT 22 llLOT 21, ~ LOT 20: ~ LOT 19 II LOT 18 .~ll LOT 17 'll LOT 16-~ ~ LOT 15 8
i f(~::~) ;;(g~::~) i r (g~;~) ! r (g~~~) ;; (g~~; ~) :;; (g~; ~) ~;; (g~:~~) ~ .~J. (~~~ ~) ~ g
I I ---I 1--10' U11L. &. I aCESS EASE. B L 0 l K 2 ~ 20' U11L. & DRAIN. EASE. VI
.J L ~'-- --56.-ee'-J I 69.00' I I 69.00' 69.00' 69.00' 100.00' I 110.26'
- ---tlf:t)Ot---- 1 6' 2t)' 5'''' 1?0'08"E 486. I7'A20'
\~.~ LOT 6 '\~r--2irt:r :~:::~~';~'~f~::::J-::J ~':':':~~____h_h_:~~,,:J
:.:. oD 8479 Sf '....... , r-- --, 14J.00 J9.0~: 1", 111101
... -- (0.195 AC) [15 \ " r ----------2'ci" --, r- '" :r~ IC1l:ri1 b
....:to ~O"'" ....--- -- \ , I -S 0'09'52-w I I '",,p""~'" jP C1I1 oD
(~ ...S"'{.... . <>p'Q'50'n~-f \ I.~ 20' J8.00' I'~ I '~I' .,) : lIIl : b ~
'::f .........~:t6-J"- l-..)~' " '~'81" tIT 20' C! e. "4,58.________
{ ~ ~ I w;il .." I I :g. :}'06-E
'II LOT 7 ;"~:::Iod IvJC1II L r- ~:'_":"_,_~____:~H8~
~, "" SF ;~ LOT G I I . t:-f ~J.ll~__ ~ 12,22'
u: (0.119 AC) ~ ;' 98214 Sf ~l... 20 ":I___.lv.Jl___,,;~ --.... ~
~ ~<--"'t_~'~' (2.255 AC)! ...... ~ ....<.;' /' -... '-;-1448'
~ 0 ..,... 20' \ .......;jy <0 ~
i:O'I~fj 0...Q...... ~- ~'...., I ............ ..,f;~':"....... \cf' ~\ ....~;.~C;J"") :e 8
....1: _!:..1:...... ~ I ......" ''':'.... \"~"'\ "~r;J. ...., b
r LOT 8 . / ""':{,e... .( ......... \~. 'V f"
-f-I} . ~I ...... ..........~......____, _Jl.zs:...__ 0
~ :g 547g Sf ~' ........._~'QQ:;_;:;-__'" ,~....- -f VI
I (O.lg5 AC) I ....---J!2.29_ ----- "''- '" R 15'~
.J L----."H&f}O'_____J I S89"50'QIl- 41400' ---, {t-5LOT I ~ .....
- - -56:6~ -, r -~'-, I 69.00' 69.00' 69.00' 6900' 69.00' 69.00' I"" ;;; ~
-i L....- la' UTIL.l AS[. B LaC K 4 10' 11liN EASE -I L 9021 Sf ~
I I I I ~ . I ~ (0.207 AC)
llLOT 6: ~LOT 7:;J. LOT 8 II LOT 9 II LOT 10 '8 LOT 11 II LOT 12~\-' ;~ LOT 13;J.i /
:0 5046 Sf : ~ 5046 SF : X 600J Sf' :;:; 600J Sf :;; 6003 Sf ~ 600J Sf :;; 600J Sf' :;; 600J Sf r ,I. ~^
I~i~~~j ~(:~'::~ ~~~~~~~!;C~__ cci~;:,;2 (0'" AC) (0.'" 'C) (0'38 'C), _~o~~'_~c~j l-fJU" .
- 58.00' 58.00' 69.00' ---69.00'-- ---6gM------69-:-00'--- --'69:"00:--- 69.00' IJ. c,b ~
. , S89'50 18-E 984.47' . f LOT C ~
.,' ~LI.^"" r
f-- - - - - - - - - - ROW - -GVLLJLl~ 8RtVE- - - - - 68970 SF- __
S89'50'06-E 1047.21' "I' (1.583 C)
__IlO:..oQ'__ 60.00' 60.00' __IlOjlQ'__ 60.00' 60.00' 60.00' __lLD:...OQ'__ 60.00' 60.00' I< LOT H
_h__n _n____ ---e-r.-p-c--IC --6---- _____n. ------1 ~ 12>, SF
.- LOT 9 ;... LOT 8 ." LOT 7 ... LOT 6 "co LOT 5 ;., LOT 4 ... LOT.1 "co LOT 2 ~;., LOT 1 ~ r: ... (0.028 AC)
" oD ~ oD '" '" on ., 'r., 1" .,
:;; 5261 Sf ....: 5260 Sf ~ 5258 SF ~ 5256 Sf rei 5254 Sf ~ 5252 Sf :;; 5250 Sf ....: 5248 Sf ~....: 5246 Sf..l ....:....: ALL Of LOT H TO
(0.121 AC) 10(0.121 AC) (0.121 AC) (0.121 AC) (0.121 AC) (0.121 AC) (0.120 AC) 10(0.120 AC)O 10(0 120 AC)Q 10 10 BE USED fOR UTlliTY
VI' tl EASEMTENT PURPOSES
5'-ll--
29.6~Q'Of~.18' 60.00' I J
IX" 104.16' (104')
120.58'
174.00'
'K'
5J.42'
46J.J5' (46J.24')
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LOT 9
COTA SUB.
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LOT 2-7
COTA SUB.
;:LOT 10
:0 526J Sf
(0.121 AC)
60.00' 60.00'
663.65' (864.17')
60.00'
60,00'
60.00'
60.00'
60.00'
60.00'
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LOT 1-1 LEGENO
DOLAN PLACE
20' U11L. &. LINE OATA . CONCRETE MONUMENT (FOUND)
ACCESS EASE. . IRON PIPE (FOUND)
UN' BEARINC OIST. tSlZE AS NOTED)
"', \
'?'"""'\.....- _f__~ \ A N89'50'08"W 22.5G' 0 5/6 REROO (FOUND) ,
'~ I \ , S5B19'52-w 23.25' PROPERTY LINE
C S58'OO'08-E 23.25' SURVEYED PROPERTY LINE
q .c .t-"J J 0 589'50'08"E 30.56' ----- CENTERLINE
\ 10' , N8!i1"SO'OI!l-W 30.56' ------- RIGHT OF WAY
I LOT 7 .- F S55"J6'24"W 18.52' -------------- EASEMENT LINE
!BLOCK 3/. G N55'18'41"W 18.52' ( ) RECORD DIMENSION
I 5''- H S89'50'08"E JO.56' P.O.B. POINT OF BEGINNING
); I....__~L__ " , N89'5O'08"W JO.26' 0 5/8" REROD (PLACED)
~ , J NI!l9"51'58"W 14.00' (YELLOW CAP -4016")
/ - .Jt ~7) f , N89'50'08"W 14.26'
5 f....t..~'0' L N57"49'JJ"( 20.00' --------"- FORMER PROPERTY LINE
10' U11L. &: -., 5' " S3O'21'58"E 35,64' Y-CAP YELLOW CAP
ORAINACE R-CAP REO CAP
EASE. N N81'OJ'Q6"E 11.60'
W/AI ViI TH ANGLE IRON
-------------- CORRECTED EASEMENl LINE
N
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N
SHEET TIllE
PROJECT
NO. 0224J
BUESING & ASSOCIA TES
CONSULTING ENGINEERS
1212 LOCUST STREn
OUBUQUE, IOWA 52001
(J19) 556-4J89
FlELO SlJRV[VEO ON
1/J1/0J
SCALE:
1- ... 100'
OY<<:.NO.0224J_10
PLOT O"TE: 12/17/2ooJ
REVISIONS DRAWN BY:
TPL
CHECKED BY;
JLW
EXHIBIT "A"
OWlolER &: PREPARED FOR:
FONDELL EXCAVAnNG
2270 CRO'M<( POINT RD.
OVBUOUE, II< ~2002
COpy
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, \3 869-03
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''''coMlY' RECUHOER ES
DUBUOUE CO.. IOWA FE
Prepared By: Jennifer A. Clemens-Conlon - #000013606, 222 Fischer Bldg., P. 0, Box 239, Dubuque, IA 52004-0239 563-556-8000
RESTRICTIVE COVENANTS
The undersigned, being the owners of the following described real property:
Lots 1-2, inclusive, of Block I,
Lots 1-27, inclusive, of Block 2,
Lots 1-13, inclusive, of Block 3,
Lots 1-13, inclusive, of Block 4,
Lots 1-21, inclusive, of Block 6,
Lots 1-10, inclusive, of Block 7,
and Lots A-I, inclusive,
all of Eagle Valley Subdivision, being a subdivision of Lot 1-2 of Mineral Lot 311,
in the City of Dubuque, Dubuque County, Iowa;
hereby makes the following declarations as to the limitations, restrictions and uses of the above-
described property, hereby specifying that said declaration shall constitute covenants to run with all
said lots, as provided by law, and shall be binding upon the heirs, successors and assigns of all
parties and persons claiming under them and for the benefit and limitation upon all future owners
of said lots as described above.
1. All buildings shall be erected according to City of Dubuque building codes and zoning
ordinances.
2. No structure shall be erected or permitted on any lot zoned for single family use, other than
a single family dwelling, not to exceed two stories in height (excluding basement and attic).
3. No trailer, trailer house, foundation, basement, garage, shack, or other non-dwelling type
building shall be used as a residence, temporarily or permanently.
4. No mobile home shall be moved onto a lot.
5. No noxious or offensive activity shall be carried on in any house, building, or on any lot, nor
shall anything be done therein or thereon which may be or become a nuisance to the
neighbors or neighborhood.
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6. All applicable laws regarding the parking and storage of machinery and vehicles shall be
obeyed.
7. No junk, trash or debris shall be stored or kept on any part of a lot, except that building
materials may be stored or kept for the purpose of immediate incorporation into a structure
on the said real estate.
8. No building shall be erected, placed or altered on any lot until the construction plans and
specifications and a plan showing the location of the structure have been approved by the
owners ofFondell Excavating.
9. Once excavation has commenced on a lot for the purpose of building on a lot, the house or
building on said lots shall be fully completed within one year ofthat time. Seeding and final
landscaping must be completed no later than one year from the commencement of the
excavation on the lot. In any event, soil erosion shall be kept to a minimum and within the
limits as provided by law.
10. No trash or garbage shall be kept on any lot, except in adequate sanitary containers, and all
lots shall be kept free of weeds and debris. No materials are to be buried on any portion of
lot or lots within said subdivision.
II. No animals of any kind, including but not limited to, livestock, chicken or fowl, shall be
raised, bred, housed, quartered or kept on any lot, except that dogs and cats and other
ordinary household pets may be kept and housed, provided that they are not kept, bred,
housed or maintained for any commercial purpose. No outside kennels will be permitted.
12. A perpetual public utility easement is reserved over each lot for the installation, repair and
maintenance of all utilities, including cable TV, electricity and telephone, all as shown on
the plat of the above-described lots.
13. All earth excavated in the construction of a dwelling and not used on the lot upon which the
dwelling is located shall be removed from the lot but shall not be placed or disposed of upon
property governed by these Restrictive Covenants without the written approval ofthe owners
ofFondell Excavating.
14. No signs, billboards, or advertising devices, except those used in the sale of said property,
shall be placed on any lot or building of said subdivision.
15. All driveways leading from any street in the subdivision shall be hard surface construction.
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16. Firewood shall be stored within the residence. If stored outside, it shall be stacked and
ranked immediately adjacent to the rear ofthe residence in an orderly fashion. Ifthe wood
is purchased by the truckload, it must be cut and stacked within one week.
17. No firearms, air rifles or BB guns shall be discharged within said subdivision and no hunting
of any animals shall be permitted within said subdivision.
18. In the event any party to these Restrictive Covenants, or owners of a lot or lots governed by
these Restrictive Covenants, their heirs, successors or assigns, contractors or sub-contractors,
cause damage to any improvement within the right-of-way or public access or any other
property governed by these Restrictive Covenants, the lot owners shall restore said property
to the condition in which it existed prior to the damage occurring, at the lot owner's expense.
19. Curb cuts and sidewalks are the responsibility of the lot owners, their heirs, successors or
assigns, and shall not be the responsibility of the developer. Curb cuts and sidewalks are to
be installed pursuant to applicable rules, regulations and laws.
20. Street cleaning is the responsibility of the lot owner, its heirs, successors or assigns, during
initial construction and all subsequent construction projects. The lot owner, its heirs,
successors and assigns shall pay, indemnify and hold the developer harmless from any
expense incurred by the developer as a result of the lot owner's, its heirs', successors',
assigns', contractors' or sub-contractors' failure to keep the street clean during construction.
21. The developer provides no representations regarding the subsurface conditions of property
subject to these Restrictive Covenants.
22. No rental or lease of any dwelling unit constructed on an affordable housing lot, as defined
in the Agreement between the City of Dubuque, Iowa and Fondell Excavating, Inc., may
occur, except as specifically allowed in the Agreement between the City of Dubuque, Iowa
and Fondell Excavating, Inc.
23. The Agreement between the City of Dubuque, Iowa and Fondell Excavating, Inc. is attached
hereto and by this reference herein incorporated. The Agreement is binding upon the owners
of the real property to which these Restrictive Covenants apply. Pursuant to paragraph 13
of the Agreement, the developer has designated as affordable housing lots, the lots specified
on the attached Final Plat of the Subdivision. The affordable housing lots are indicated with
the lot number being circled.
24. These covenants and restrictions shall run with the land and shall be binding on all parties
hereto, their heirs, successors, and assigns, and on persons claiming under them until final
acceptance by the City of Dubuque.
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25. In case the parties hereto, or any of them, or their heirs, successors or assigns, shall violate
or attempt to violate any ofthe covenants and restrictions herein, it shall be lawful for any
other person or persons owning any lot in said subdivision, or any other interested party or
parties, to prosecute any proceeding at law or in equity against the person or persons
violating or attempting to violate any such covenants or restrictions, to either prevent him
or them from so doing, or recover damages for such violation, or both.
26. The invalidation of anyone of these covenants or restrictions, or any part thereof, by
judgment or court order shall in no way affect any of the other provisions and all other
provisions shall remain in full force and effect.
IN WITNESS WHEREOF, the foregoing instrument has been executed this l..!"'- day of
\:)CCh_'<>>< <- , 2003.
Lots 1-2, inclusive, of Block 1,
Lots 1-27, inclusive, of Block 2,
Lots 1-13, inclusive, of Block 3,
Lots 1-13, inclusive, of Block 4,
Lots 1-21, inclusive, of Block 6,
Lots 1-10, inclusive, of Block 7,
and Lots A-I, inclusive,
all of Eagle Valley Subdivision, being a subdivision of Lot 1-2 of Mineral Lot
311, in the City of Dubuque, Dubuque County, Iowa.
FONDELL EXCA V A TING, INe.
By:
:NJ d~il /!e,5ri~~/
Mark R. Fondell, President
By:
resident and Secretary
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STATE OF IOWA
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DUBUQUE COUNTY
On this i....,..... day of \.) CCC<_~~'-t" , 2003, before me, the undersigned, a Notary Public
in and for said State, personally appeared MARK R. FONDELL and JAMES P. KEMP, to me
personally known, who being by me duly sworn, did say that they are the President and Vice
President/Secretary of said corporation; that no seal has been procured by the said corporation; that
said instrument was signed on behalf of said corporation by authority of its Board of Directors; and
that the said MARK R. FONDELL and JAMES P. KEMP, as such officers, acknowledged the
execution of said instrument to be the voluntary act and deed of said corporation, by it and by them
voluntarily executed.
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KATHY JO KEMP
Commlaalon Number 72<1843
My C<lmm. Exp. OCT. 2. 2006
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Notary Public .n
$:\ WPVOAN\Fondell Excavating-JAC\Restrictive Covenants2-Eagle Valley Subd.wpd
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25 June 03
CITY OF DUBUQUE, IOWA
MEMORANDUM
To: Mike Vaq M, illigen, City Manager
From: David~'~ris, Housing and Community Development Department
Re: Up-data to Affordable Housing Task Force Report
We arc currently in discussions with several developers who have expressed
interest in building affordable housing and utilizing the incentives recommended
in the report of the Affordable Housing Task Force, delivered in worksession to
the Council in December 200!.. This memorandum provides an up-date to reflect.
currcnt rcai estate market conditions and to recommend revisions to the 2001
report.
Operatin.q Principles and Assumptions
The City Council's directive to the Affordable Housing Task force was to research
and recommend ways to produce new single-family housing that is 'affordable" to
a moderam-'ncome household.
A "moderate-income household,' at the time of the Task Force report, was
defined as earning $40 780, household size 4 persons, with two earners,
wages at $10/hour. This number was chosen as the target ,~rage we
wanted employers being recruited to the City's newly annexed office and
tach parks to offer to their workers.
"Affordable" housing '~s defined as costing no more the 30% of gross
income for PITI: principal, interest, taxes and homeowner and mortgage
insurance.
3. Typical financing for this scenario assumed a 7.25% interest rate, 30-year
term and 5% downpayment.
The Task Force assumed s "modest" new home, affordable to a family at
this income, would cost $90/square foot to build and be no more than
1100 square feet in area.
This home would include a 2-car attached garage, unfinished basement
· with a lot priced at $30 000.
At $129 000, this home was not affordable.to the target family earning
$40 780. To be affordable, that home could sell for no mere than
$I 18 000, ieawng an $11 000 "affordability gap."
Compared with the average sale price of a new home in Dubuque's
market in 2000 - at $146 000 - that gap in affordability was $28 000.
Recommended ncentives to Reduce Development Costs
The Task Force report recommended the following incentives to developers to
reduce costs, in order to lower lot prices.
1. Public street pavement width reduced to 27 feet, right-of-way
width reduced to 42 feet. Parking restricted to one side only.
2. Water main and sanitary sewer connection fees and/or assessments to
be waived.
3. Lot prices capped at $25 000, increases adjusted annually to Consumer
Price Index.
4. Lot frontage minimum reduced to 50 feet; maximum width 75 feet.
Homes in affordable developments built larger than 12-50 square feet to
have a $10/square foot surcharge assessed, to be used to capita!ize an
affordable housing revolving loan fund.
7. PVC pipe to be allowed for water and 'sanitary sewer installations.
8. City' Enterprise Funds to be used for O-interest, 5-year loans for
installation of water and sanitary sewer and stormwater systems.
Engineering Division to evaluate feasibili~, and cost effective6ess of
alternative street construction standards, to reduce costs.
9. 2000 International Residential Code to be adopted for use by Building
Services Department in permitting new construction.
Up-Date
Interest rates have significantly changed since the Task Fome report was issued.
Low financing rates have dramatica!!y ~mpacted affordabili~, al!owing a
moderate-income family to purchase a more expensive home. However, the gap
in price betg, veen what that family can afford and the house currently being built in
Dubuque's market has remained relatively constant.
The rate assumed in the 2001 report was 7.25% on a 30-year mortgage. For this
update repo:t, the interest rate used is 5.25%.
The $10/hour wage rate targeted in the 2001 report has been increased by
annual 3% adjustments, resulting in a $10.61 wage for our target family earner.
For a two-earner household, this is a $44 136 annual income.
The $25 000 maximum lot price listed in the 2001 report has also been adjusted
for inflation, resulting in an up-dated price of $26 500.
Using all the other assumptions from the 2001 Task Force report, we calculate
that in today's market a Dubuque family eaming $44 000 can afford a home
priced at $134 000.
Analysis provided by the Building Se.~,ices Depar+.ment shows that the average
permit cost for a. new single-family home in Dubuque in 2002 was $125 000.
~.dding an average lot cost of $35 000 brings the new home sale price to
$160 000. The "affordability gap" - between $t34 000 and $160 000 - is
$26 000 for our target household.
incidentally, the median sale price for a MLS-listed home in Dubuque County, in
2000, was'S93 500. Figures provided by the Board of Realtors for this report
indicate that the median pdce in 2002 increased to $105 000.
Recommended revisions for implementation of Task Force proposals for
development of new affordable housing
In the two years since the Affordable Housing Task Force Report was issued, we
have had many discussions with developers considering new subdivisions. The
following recommendations have been generated by staff from the Housing,
Planning, Water and Engineering Departments in response as a means of
establishing standards for implementation of the Task Force Report
recommendations.
The Task Force Report. recommended that the buyer's income and the
sale pdce of the home be restricted. As a practical matter, enforcement of
these restrictions is problematic. Developers have expressed to us a
concern that these restrictions would result in difficulties in planning,
financing and marketing their subdivisions. As an alternative, the following
conditions are proposed for deveiopers wishing to build affordable new
single-family homes and to take advantage of the incentives
recommended in the Report.
The operative principle is that we can achieve our goal of building housing
affordable to working families by limiting the size of lots and homes -
relying on a "market" model - rather than by mandating income limits
and sale pdces.
o
80% of the homes in the subdivision must meet standards for
affordability. This proposal reflects land development variables and
aliows for as many as 20% of the lots in a subdivision to be larger
than for "affordable" standards.
b. Maximum size of the affordable single-family home lot is 6500
square feet; street frontage 50-75 feet.
c. Maximum sIze of finished space in the home is 1200 square feet.
A Surcharge of $251square foot is levied if this size is exceeded.
The rationale for these figures is explained as follows:
a. The current adjusted maximum lot price, as stated, is $26 500.
b..The maximum home price our target household can afford is
$134 000.
c. This leaves $107 500 as the target price for the new home.
d. At $90/square foot, a 1200 square foot home costs $108 000.
As affordability is markedly influence~by prevailing interest rates, staff will
annua!ly review these standards and propose revisions, as needed, to
reflect rate variations.
A development agreement will be signed with the subdivision developer,
specifying these standards and requiring repayment of any City subsidies
if conditions are not met. Conditions of the agreement will a,ffach to the lot
at sale, requiring the home builder's acceptance and.compliance.
Su..sequ..nL improveme.~.s to .~.e .~omw, done either by the '-:':-'uu~:," ....... u,
after resale, will not be regulated by this agreement.
Eligibility for use of the City's revolving loan funds for sanitary sewer and
water system installation will be prioritized foru~v~,,~p~, '~
produce affordable housing.
FONDELL EXCAVATING INC.
2270 Crown Point Road
Dubuque, Iowa 52002
Mark Fondell · [563) 584-0505
Jim Kemp · [563) 590-0406
Fax (563) 583-9065
NOVEMBER26, 2003
CITY OF DUBUQUE
HOUSING DEPARTMENT
1805 CENTRAL AVE.
DUBUQUE, IA 52001
ATTN; DAVID HARRIS
EAGLE VALLEY AFFORDABLE LOTS
AVERAGE LAND COST PER UNIT AT PRESENT PRICING
SINGLE FAMILY
DUPLEX
MULTI-FAMILY
ALL AFFORDABLE LOTS
\
$23,266.00
$16,537.00
$11,240.00
$16,356.00
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MEMORANDUM
November 25, 2003
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TO:
The Honorable Mayor and City Council Members
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FROM:
Michael C. Van Milligen, City Manager
SUBJECT: Development Agreement for Eagle Valley Subdivision
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The report of the Affordable Housing Task Force for owner-occupied affordable housing
was first released to the Council in December 2001 and presented in two work
sessions.
An up-date to this report was submitted to the Council June 25, 2003. In that up-date, it
was noted that a development agreement would be signed with the subdivision
developer, specifying the requirements for participation and requiring repayment of any
City subsidies in the event of non-performance.
Fondell Excavating Inc., developer of the Eagle Valley Subdivision on Roosevelt Road,
has completed preparation of their 22 acre site and is now ready to begin selling lots for
affordable housing.
Housing and Community Development Department Director David Harris is
recommending approval of an agreement with the developer that meets the criteria
previously established by the City Council, with one exception. All the incentives have
been based on the City Council policy to assist owner occupied affordable housing.
This agreement provides for rental of newly constructed housing units prior to sale, with
an option to purchase. The rental arrangement is allowed for a maximum of two years
and the City has review approval of any lease-purchase agreement.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
J', I \ l I, I .
lCl.l '. ~lll, LJ C
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Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
David Harris, Housing and Community Development Department Director
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CITY OF DUBUQUE, IOWA
MEMORANDUM
21 November 03
To: Mike Van M~igen, City Manager
From: David H~\k Housing and Community Development Department
Re: Development Agreement for Eagle Valley Subdivision
Introduction
The purpose of this memorandum is to request the City Council's approval of the
attached Agreement with Fondell Excavating Inc for development of affordable
single-family housing in the Eagle Valley Subdivision.
Background
The report of the Affordable Housing Task Force for owner-occupied affordable
housing was first released to the Council in December 2001 and presented in two
worksessions.
An up-date to this report was submitted to the Council in June 03 (copy of
memorandum attached). In that up-date, it was noted that a "development
agreement" would be signed with the subdivision developer, specifying the
requirements for participation and requiring repayment of any City subsidies in
the event of non-performance.
Staff from the Housing, Planning, Engineering and Water Departments have met
with several developers and held a series of inter-departmental meetings, since
June. The details of a development agreement, drafted by the Legal
Department, have been discussed and revised in a series of draft documents.
Discussion
Fondell Excavating Inc., developer of the Eagle Valley Subdivision on Roosevelt
Road, has completed preparation of their 22 acre site and is now ready to begin
selling lots for affordable housing. An Agreement has been drafted that specifies
the conditions and terms for the developer's performance. It is ready for Council
review and approval.
..
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Of note is one provision, however, which has been added at the request of the
developer, providing for rental of newly-constructed housing units prior to sale,
with an option to purchase.
The rationale for this is that purchase of a $120-130 000 home is a challenge for
a household earning $40-50 000. One practice that facilitates this sale is to allow
the family to rent with an option to buy. A portion of the monthly rental payment
is escrowed, to be used as a down payment when the option to purchase is
exercised.
This provision has been incorporated in the Agreement. It specifies that the
option is for a maximum of two years only, with the City having review approval
of any lease-purchase agreement.
Action Step
The action requested of the City Council is to approve the attached Agreement
between the City and Fondell Excavating Inc., for the Eagle Valley Subdivision.
Once approved, Fondell anticipates quick sales to interested builders and
subsequent construction of housing according to the recommendations of the
Affordable Housing Task Force report.
NOTES
1. ALL MEASUREMENTS ARE IN tEET AND DECIMALS THEROF',
2. IF' THIS PLAT DOES NOT HAVE A SURVEYOR'S SIGNATURE IN PURPLE INK. IT IS A
Copy 'THAT MAY CONTAIN UNAUTHORIZED ALTERATIONS, 'THE CERTlFlCATlON CONTAINED
ON THIS PLAT SHALL NOT APPLY TO ANY COPIES.
\\\\\\\\\IltlrWII111/. I HEREBy C:ERnFvTHATntIS lAND SURVEVlNQ DOCuMENT WAS
#\'\ l.ANo /'00% PREPARED AND THE RaATED SURVEYWORKWAS fIERFoRMEo
#' ~....... ..~6~% ~ OR UNDER MY DIRECT PER8oNAL.SUPERvIsIoN AND THAT
~ 1'.. .;:PL ~ A bULY LICENsED lAND SURVEYOR UNDER'TlfE LAWS OF
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1'111/11111111I\\\\\\\\\'\ / MY UCENSE RENEwAl.. DATE IS DECeMBER 31. 2004
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PREPARED BY; BUESING &: ASSOCIATES
Y.~""~2-o3
2003 SEP 25 PH 2: 50
KATHY FLYNN THURLOW
COUNTY RECORDER
DUBUQUE co.. IOWA FEES
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ADDRESS: 1212 LOCUST STREET DUBUDUE IOWA 52001
PHONE, -L56;lL 556-4389
FINAL PLAT
OF LOTS 1 - 2. INCLUSIVE. OF BLOCK 1. LOTS 1 - 27. INCLUSIVE. OF BLOCK 2.
LOTS 1 - 13. INCLUSIVE. OF BLOCK 3. LOTS 1 - 13. INCLUSIVE. OF BLOCK 4,
LOTS 1 - 21. INCLUSIVE. OF BLOCK 6. LOTS 1 - 10. INCLUSIVE. OF BLOCK 7.
AND LOTS A - I. INCLUSIVE. ALL OF EAGLE VALLEY SUBDIVISION
BEING A SUBDIVISION OF lOT 1-2 OF MINERAL lOT 311,
IN THE CITY OF DUBUQUE. DUBUQUE COUNTY. IOWA.
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. .' I .-.. ".'~I''''W 1331.17' (1330.88')"
I , I W~N
I I I LOT 2 LOT ,-, LOT 1-1 2;11-
DOlAN PLACE DOLAN PLACE DOLAN PLACE
I , -':tj
I ' I UN[ OATA III
I I , ": = :;;, :0..::
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M 'S8 35.64'
N N81"03'DS"E 11.60'
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lEGEND
CONCRETE MONUMENT (rOUND)
IRON PIPE (rOUND)
~SlZE AS NOTED)
5/8 REROO (roUND)
PROPERTY UNE
SURVE'tED PROPERTY LINE
- - - - CENTERUNE
----.....-- RIGHT OF' WAY
-------------- EASEMENT UNE
( ) RECORD DIMENSION
p.o,e, POINT OF' BEGINNING
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(YEu..OW CAP "4016.)
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R-CAP
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26602'~'G3
SHEET TITLE
PROJECT
1
BUESING & ASSOCIATES
CONSULTING ENGINEERS
1212 LOCUST STREET
DUBUQUE, IOWA. 52001
(319) 506-..,..
FIELD SURVEYED ON
1/31/03
SCALE:
1" - lOa'
OWG.NO.0224.3--0J
PLOT DATE: 8/15/2003
REVISIONS ORA WN BY:
eER_ tiif-.ron. TPL
.l'tR.'6~ CHECKED BY:
ew~ .ow
NO. 02243
FINAL PLAT
EAGLE VALLEY SUBDIVISION
OWNER &: PREPARED FOR:
FONDElL EXCAVAnNG
2270 CROWN POINT RD.
DUBUQUE, IA 52002
.' .
- .
.
r
PREPARED BY: BUESING &: ASSOCIATES
ADDRESS: 1212 LOCUST STREET DUBUOUE IOWA S20D1
PHONE:
563 556-4.389
FINAL PLAT
OF LOTS 1 - 2, INCLUSIVE, OF BLOCK 1, LOTS 1 - 27, INCLUSIVE, OF BLOCK 2,
LOTS 1 - 13, INCLUSIVE, OF BLOCK 3, LOTS 1 - 13, INCLUSIVE, OF BLOCK 4,
LOTS 1 - 21, INCLUSIVE, OF BLOCK 6, LOTS 1 - 10, INCLUSIVE, OF BLOCK 7,
AND LOTS A - I, INCLUSIVE, ALL OF EAGLE VALLEY SUBDIVISION
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174.00'
S3.42
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483.35' (483.24')
89.00 lSi.CO
110.
20' Ul1L EASE.
LOT 13
8a47 SIf
(0.20S AC)
W/.
LOT 10
COTA :i\JB.
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LOCA TION MAP
(Sl'TE LOCATED IN THE NW1/4 OF lH[
NWl/4 Of' SECl10N 7, T89N. RJE)
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71.51
LOT 15
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ALL OF' lOTH TO
BE USED f"Oft UllUTY
~T PURPOSES
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Y6lETTPLACE
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SCALE ," =
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0' 50'
100'
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EAGLE VALLEY SUBDIVISION
86:\86::5 SF (19.8n .lie)
LEGfND
CONCRETE MONUMENT (FOUND)
IRON PIPE (FOUND)
\.SiZE AS NOTED)
S/8 RERDD (FOUND)
PROPERTY UNE
SURVE'YED PROPERTY LINE
- - - - - CENTERUNE
------- RIGHT OF WAY
-------------- EASEMENT LINE
( ) RECORD DIMENSiON
P.O.B. POINT OF BEGINNING
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SHEET TITLE
PROJECT
NO. 02243
BUESING & ASSOCIATES
CONSULTING ENGINEERS
1212 lOCUST STREET
DUBUQUE, IOWA, 52001
(319 556-43B9
nELD SURVEYED ON
1/31/03
SCALE:
1" = 100'
DWG.NO.02243-03
PLOT DATE: 8/15/2003
REVISIONS DRAWN OY;
7/3/03
1Y
7/2<4./03
R R
__ ~._610J
p
TPL
CHECKED BY:
(J)
FINAL PLA T
EAGLE VALLEY SUBDIVISION
OWNER &: PREPARED FOR:
FONDaL EXCAVATING
2270 CROWN POINT RD.
DUBUQUE. IA 52002
IJ UI
PREPARED BY: BUESING &: ASSOCIArES
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PHONE
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563556-.01359
FINAL PLAT
OF LOTS 1 - 2, INCLUSIVE, OF BLOCK 1, LOTS 1 - 27, INCLUSIVE, OF BLOCK 2,
LOTS 1 - 13, INCLUSIVE, OF BLOCK 3, LOTS 1 - 1.3, INCLUSIVE, OF BLOCK 4,
LOTS 1 - 21, INCLUSIVE, OF BLOCK 6, LOTS 1 - 10, INCLUSIVE, OF BLOCK 7,
AND LOTS A - I, INCLUSIVE, ALL OF EAGLE VALLEY SUBDIVISION
BEING A SUBDIVlSJON OF LOT 1-2 OF MINERAL LOT 311,
IN THE CITY OF DUBUQUE. DUBUQUE COUNTY, IOWA.
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PROPERTYUNE
SURIlEYEDPROPERT"l'lINE
CENTERLINE
------- RIGHTOF'WltY
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NOTES
1 "lL lolEASURElolEN1S AIlE IN fEET ANO OECllolALS THEROf.
2. If THIS Pl..T DOCS NOT HAIlE A SURIoEYQR'S SlG~ATURE IN PURPLE INK, IT IS A
COPTTl-IATUAYCONTAINUNAUTl-IORI2EOALTERAllON5. l11ECERnflCATIONCON1AINW
ONTliISPLAT~ALLNOTAPPLY10ANYCOPIES
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SCALE 1" =
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SHEET TITLE
/8A"Il\f;, """-'
Y-CAP
R-C"P
w/AI
Ml'lJCENlIERENEWALllA.TEI8DECEW11E1l.~I,2II04
OWG,NO,On"'3_0J
PLOT 0"'1E: S/15/~OOJ
REVISIONS DRAWN SY:
7 OJ TPL
7/~/Ol CHECKED BY:
B 6/O~ JLW
PROJECT
NO. 02243
BUESING & ASSOCIATES
CONSULTING ENGINEERS
1212 LOCUST STREET
DUBUQUE. IOWA 5~OOI
(319)556-4359
f1EUlSURIlEYEOQN
1/31/03
SCALE:
1" lOa'
FINAL PLA T
EAGLE VALLEY SUBDIVISION
OIlN(R & PREPAAEO FOR;
FONOELL (XC"~AnNG
~~7D CROWN POINT RO
DUBUQUE,I" 52002
;,
,.
...
PREPARED BY: aUESJNG '" ASSOQATES
.o.oORESS: 1212 LOCUST STl'lEET DUaUQuE.IOWA 52001
PKONE: 5~3 556_4389
FINAL PLAT
OF LOTS 1 2. INCLUSIVE. OF BLOCK 1, LOTS 1 - 27, INCLUSIVE, OF BLOCK 2.
LOTS 1 - , 3, INCLUSIVE, OF BLOCK 3. LOTS 1 - 1.3. INCLUSIVE, OF BLOCK 4,
LOTS 1 - 2', INCLUSIVE. OF BLOCK 6, LOTS 1 - 10, INCLUSIVE, OF BLOCK 7.
AND LOTS A - I, INCLUSIVE, ALL OF EAGLE VALLEY SUBDIVISION
,~
.174.00'
~LOT 8 t: lOT 9 :!l LOT 10: SLOT 11. lil LOT 12
\~~~ :~) ~ (~~ ~") ~ (:.~~ ::) ~ (~~~) ~ (~~~~;
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SHEET TITLE
FINAL PLAT
EAGLE VALLEY SUBDIVISION
~ :0
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AL.LOF'LOT" '0
IEUSEDfDflUlIUlY
EASEIol.'EIITPlJRPOSES
LOll'
COlASU!.
LOCATION MAP
(51lELOCAlED'NlHcNW'/4OfniE
NWI/. Of SECTION 7, T8~N. RJE)
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L01'-'
DOI-""F'I.AC(
PROJECT
NO. 0224.3
BUESING & ASSOCIATES
CONSULTING ENGINEERS
1212 LOCUSTSTRHl
OUBUQUE, IOWA 5200.
(3\9) 556_4~89
LO'\-,-J
N'/2 OIL JO~A
~
OWNER ~ PREPAREO FOR:
FQNOELLEXCAVATlNO
2270CRO\\NPOINlRO
OUBUQUE,IA 52002
SCALE 1" =
I
0' 50'
100'
I
100'
illE>lO
CONCRETE MONUM.NT (FOUND)
IRON P'PE (FOUND)
5/8r.SI~~R~ (fo~~~)
PROPERlYLINr
SURVEYED PROPERTY LINE
-----CENT'i:RUNE
------~ RIGHlOf WAY
-n--n-------EAS6lENTLINE
( ) RECORD ~IolENSION
P.O.B. PO'NTOfBEGlNNING
o 5/S" REROO (PLACED)
(YELLOW CAP ".O\S")
FOflMERPROPERTYUNE
YELLOW CAP
REDCAP
Wll"ANGLEIRON
.
.
.
Y-CAP
R-CAP
W/AI
nELDSURVEYEOON
1/31/03
SCALE:
1.. ~ 100.
DWG.ND.022.~-03
PLOTOATE:B/15/2003
REVISIONS DRAWN 8Y,
',~OJ TPL
724/0 CHECKEDSY,
. /OJ JLW
.
..
Sheet 3 of 6
Surveyor's Certificate
Dubuque, Iowa If( ;::("'7 ,2003
I hereby certify that the plat shown on sheets 1 of 6 and sheet 2 of 6 hereof, is a true and correct FINAL PLAT OF LOTS 1
- 2, INCLUSIVE, OF BLOCK 1, LOTS 1 - 27, INCLUSIVE, OF BLOCK 2, LOTS 1 -13, INCLUSIVE, OF BLOCK 3,
LOTS 1 - 13, INCLUSIVE OF BLOCK 4, LOTS 1 - 21, INCLUSIVE, OF BLOCK 6, LOTS 1 - 10, INCLUSIVE, OF
BLOCK 7, AND LOTS A -I, INCLUSIVE, ALL OF EAGLE VALLEY SUBDIVISION, BEING A SUBDIVISION OF LOT 1-2
OF MINERAL LOT 311, IN THE CITY OF DUBUQUE, IOWA, DUBUQUE COUNTY, IOWA., according to the recorded
plats thereof, subject to easements of record and not of record. The perimeter of said LOTS 1 - 2, INCLUSIVE, OF
BLOCK 1, LOTS 1 - 27,INCLUSIVE, OF BLOCK 2, LOTS 1 -13, INCLUSIVE, OF BLOCK 3, LOTS 1 -13, INCLUSIVE
OF BLOCK 4, LOTS 1 - 21, INCLUSIVE, OF BLOCK 6, LOTS 1 -10, INCLUSIVE, OF BLOCK 7, AND LOTS A _I,
INCLUSIVE, ALL OF EAGLE VALLEY SUBDIVISION was surveyed by me and is more particularly described as follows:
LOTS 1 2. INCLUSIVE. OF BLOCK 1. LOTS 1- 27. INCLUSIVE. OF BLOCK 2. LOTS 1-13. INCLUSIVE. OF
BLOCK 3. LOTS 1 13, INCLUSIVE OF BLOCK 4. LOTS 1 - 21. INCLUSIVE. OF BLOCK 6. LOTS 1 10. INCLUSIVE.
OF BLOCK 7. AND LOTS A -I. INCLUSIVE. ALL OF EAGLE VALLEY SUBDIVISION
Commencing at the Southwest corner of Lot 2-2 of Mineral Lot 311, the Point of Beginning;
Thence South 89' 48' 19" East (this is an assumed bearing for the purposes of this survey only), along the South line of
said Lot 2-2, a distance of 1334.95 feet to the West line of Cota Subdivision;
Thence South O' 20' 03" West, along the West line of said Cota Subdivision, a distance of 648.83 feet to the Northeast
corner of Lot 1-1 of Dolan Place;
Thence North 89' 51' 58" West, along the North line of said Lot 1-1, a distance of 1331.17 feet to the West line of George
Crane's Subdivision;
Thence North 00' 00' 00" East, along the West line of said George Crane's Subdivision, a distance of 650.24 feet to the
Point of Beginning;
The total area of LOTS 1 - 2, INCLUSIVE, OF BLOCK 1, LOTS 1 - 27, INCLUSIVE, OF BLOCK 2, LOTS 1 - 13,
INCLUSIVE, OF BLOCK 3, LOTS 1 -13, INCLUSIVE OF BLOCK 4, LOTS 1 - 21, INCLUSIVE, OF BLOCK 6, LOTS 1-
10, INCLUSIVE, OF BLOCK 7, AND LOTS A -I, INCLUSIVE, ALL OF EAGLE VALLEY SUBDIVISION is 19.877 acres,
the road area is 4.381 acres, and the net area is 15.496 acres, and is subject to easements of record and not of record.
I hereb ertify that this land surveying document was prepared and the related survey work was performed by me or
und my irect personal supervision and that I am a duly licensed land surveyor under the laws of the state of Iowa.
/.!3 /-=1,-,., Zoa::J
Date I
BY
Jo L. White
. ensed Land Surveyor
ego No. 4016
Reg. Renewal 12/31/2004
Sheet 4 of 6
. .
Owner's Consent
Dubuque, Iowa
September 1~,2003
The foregoing FINAL PLAT OF LOTS 1 - 2, INCLUSIVE, OF BLOCK 1, LOTS 1 - 27, INCLUSIVE, OF BLOCK 2, LOTS
1 -13, INCLUSIVE, OF BLOCK 3, LOTS 1 -13, INCLUSIVE OF BLOCK 4, LOTS 1 - 21, INCLUSIVE, OF BLOCK 6,
LOTS 1 -10, INCLUSIVE, OF BLOCK 7, AND LOTS A -I, INCLUSIVE, ALL OF EAGLE VALLEY SUBDIVISION,
BEING A SUBDIVISION OF LOT 1-2 OF MINERAL LOT 311, IN THE CITY OF DUBUQUE, IOWA, DUBUQUE COUNTY,
IOWA., is made with the free consent and in accordance with the desires of the undersigned owners and proprietors. We
hereby dedicate Lot A (Roosevelt St.), Lot B (Eagle Valley Dr.), Lot C (Golden Eagle Dr.), Lot D (Bald Eagle Ct.), Lot E
(Stellar Eagle Dr.), Lot F (Harpy Eagle Ct.), Lot G (for park and storm water detention basin purposes), and all easements
to the pu blic.
Fondell Excavating, Inc.
:J4.J. fi~VI
By: Mark Fondell
State of Iowa )
)
County of Dubuque ) ss:
On this I ft-tk day of ~I.T~ ,A.D. 2003, before me, the undersigned, A Notary Public in and for the State of
Iowa, personally appeared 'iht..:J! 'T """ J.d.R to me personally known, who, being duly sworn, did say that said
Mark Fondell , is the Presldent of Fondell Excavating, Inc., that said instrument was signed and
sealed by him on behalf of said Corporation by authority of its Board of Directors, and that said Mark Fondell ,
President, of Fondell Excavating, Inc., acknowledged the execution of said instrument to be the voluntary act and deed of
said Corporation by it voluntarily executed.
Witness my hand and Notarial Seal on the date above written.') ~
~.%.. CAROLA.FRIEDMAN ~ Q tJ').u..
~~~ Commission Number 190229 Notary Public in and for the State of Iowa
low" My Comm. Exp. 05/19/06
Attornev's Certificate
Dubuque, Iowa
September 17, 2003
TO WHOM IT MAY CONCERN:
This will certify that I have examined the abstract of title of LOT 1-2 OF MINERAL LOT 311, IN THE CITY OF D!.%V,gUE,
IOWA, DUBUQUE COUNTY, IOWA, covering the period from Governme ry to 7th da of September, ~
ONDELL EXCAVATING,
ai . cluding taxes
y r 2002-2003
A. Clemens Conlon
**other than the mortgage to Dubuque Bank and Trust Com
2002 as Instrument No. 8220-02 of the records of Dub
agreements of record.
ated May 1, 2002, filed May 2,
ounty, Iowa, and easements and
. "
Sheet 5 of 6
City of Dubuaue Plannina Services
Dubuque, Iowa
~~ /8,2003
The foregoing FINAL PLAT OF lOTS 1 - 2, INCLUSIVE, OF BLOCK 1, lOTS 1 - 27, INCLUSIVE, OF BLOCK 2, lOTS
1 -13, INCLUSIVE, OF BLOCK 3, lOTS 1 -13, INCLUSIVE OF BLOCK 4, lOTS 1 - 21, INCLUSIVE, OF BLOCK 6,
lOTS 1 -10, INCLUSIVE, OF BLOCK 7, AND lOTS A-I, INCLUSIVE, All OF EAGLE VAllEY SUBDIVISION,
BEINGA SUBDIVISION OF LOT 1-2 OF MINERAL LOT 311, IN THE CITY OF DUBUQUE, IOWA, DUBUQUE COUNTY,
IOWA., and the dedication of Lot A (Roosevelt St.), Lot B (Eagle Valley Dr.), Lot C (Golden Eagle Dr.), Lot D (Bald Eagle
Ct.), Lot E (Stellar Eagle Dr.), Lot F (Harpy Eagle Ct.), Lot G (for park and storm water detention basin purposes), and all
easements to the public, is hereby approved by City Planner of the City of Dubuque, Iowa and approval of said plat by the
City Council of the City of Dubuque is hereby recommended.
::a~~~
City Planner of the City of Dubuque, IA
City of Dubuaue, Iowa
~s/,2003
Dubuque, Iowa
The undersigned, Terrance M. Duggan, Mayor and Jeanne Schneider, Clerk of the City of Dubuque, Iowa, do hereby
certify that the foregoing FINAL PLAT OF lOTS 1 - 2, INCLUSIVE, OF BLOCK 1, lOTS 1 - 27, INCLUSIVE, OF
BLOCK 2, LOTS 1 - 13, INCLUSIVE, OF BLOCK 3, LOTS 1 - 13, INCLUSIVE OF BLOCK 4, lOTS 1 - 21, INCLUSIVE,
OF BLOCK 6, lOTS 1 -10, INCLUSIVE, OF BLOCK 7, AND lOTS A -I, INCLUSIVE, All OF EAGLE VAllEY
SUBDIVISION, BEING A SUBDIVISION OF LOT 1-2 OF MINERAL LOT 311, IN THE CITY OF DUBUQUE, IOWA,
DUBUQUE COUNTY, IOWA., and the dedication of Lot A (Roosevelt St.), Lot B (Eagle Valley Dr.), Lot C (Golden Eagle
Dr.), Lot D (Bald Eagle Ct.), Lot E (Stellar Eagle Dr.), Lot F (Harpy Eagle Ct.), Lot G (for park and storm water detention
basin purposes), and all easements to the public, as appears heretofore has been filed in the office of the City Clerk of
Dubuque, Iowa and that the City Council of the City of Dubuque, Iowa approves said plat.
';U
'.' ,
..
Sheet 6 of 6
County Treasurer's Certificate
Dubuque, Iowa
~ -} q
,2003
I, the undersigned, Eric Stierman, Treasurer of Dubuque County, Iowa do hereby certify that all taxes levied against LOT
1-2 OF MINERAL LOT 311, IN THE CITY OF DUBUQUE, IOWA, DUBUQUE COUNTY, IOWA, have been paid and said
real estate is free from taxes as of this date. ~
eu:u~~ ~~~~
Treasurer of Dubuque C nty, IA
City Assessor's Certificate
Dubuque, Iowa
9./7
,
,2003
The foregoing FINAL PLAT OF LOTS 1 - 2, INCLUSIVE, OF BLOCK 1, LOTS 1 - 27, INCLUSIVE, OF BLOCK 2, LOTS
1 - 13, INCLUSIVE, OF BLOCK 3, LOTS 1 - 13, INCLUSIVE OF BLOCK 4, LOTS 1 - 21, INCLUSIVE, OF BLOCK 6,
LOTS 1 -10, INCLUSIVE, OF BLOCK 7, AND LOTS A -I, INCLUSIVE, ALL OF EAGLE VALLEY SUBDIVISION,
BEING A SUBDIVISION OF LOT 1-2 OF MINERAL LOT 311, IN THE CITY OF DUBUQUE, IOWA, DUBUQUE COUNTY,
IOWA., was entered of record in the Office of the City Assessor of the City of Dubuque, Iowa, on the date first written
above.
Ot:
City Assessor of the City of Du ue, IA
County Auditor's Certificate
Dubuque, Iowa
9~ /0
,2003
I, the undersigned, Denise M. Dolan, Dubuque County Auditor have reviewed and examined the FINAL PLAT OF LOTS 1
- 2, INCLUSIVE, OF BLOCK 1, LOTS 1 - 27, INCLUSIVE, OF BLOCK 2, LOTS 1 -13, INCLUSIVE, OF BLOCK 3,
LOTS 1 - 13, INCLUSIVE OF BLOCK 4, LOTS 1 - 21, INCLUSIVE, OF BLOCK 6, LOTS 1 - 10, INCLUSIVE, OF
BLOCK 7, AND LOTS A -I, INCLUSIVE, ALL OF EAGLE VALLEY SUBDIVISION, BEING A SUBDIVISION OF LOT 1-2
OF MINERAL LOT 311, IN THE CITY OF DUBUQUE, IOWA, DUBUQUE COUNTY, IOWA. The foregoing Survey Plat
was entered of record in the Office of the County Auditor of Dubuque County, Iowa, on the date first written above.
D.,,""" ~ n~I..'""-
County Auditor of Dubuque Counj}J, lo~
k,. ~lut~
Recorder's Certificate ;:)
Dubuque, Iowa
,2003
The foregoing FINAL PLAT OF LOTS 1 - 2, INCLUSIVE, OF BLOCK 1, LOTS 1 - 27, INCLUSIVE, OF BLOCK 2, LOTS
1 -13, INCLUSIVE, OF BLOCK 3, LOTS 1 -13, INCLUSIVE OF BLOCK 4, LOTS 1 - 21, INCLUSIVE, OF BLOCK 6,
LOTS 1 -10, INCLUSIVE, OF BLOCK 7, AND LOTS A -I, INCLUSIVE, ALL OF EAGLE VALLEY SUBDIVISION,
BEING A SUBDIVISION OF LOT 1-2 OF MINERAL LOT 311, IN THE CITY OF DUBUQUE, IOWA, DUBUQUE COUNTY,
IOWA., has been reviewed by the Dubuque County Recorder.
Dubuque County Recorder
Sheet 6A of 6
Mortaaae Holders Consent
Dubuque Bank & Trust, Dubuque, Iowa, does hereby consent that the above survey, as shown by the
attached FINAL PLAT OF LOTS 1 - 2, INCLUSIVE, OF BLOCK 1, LOTS 1 - 27, INCLUSIVE, OF BLOCK 2,
LOTS 1 -13, INCLUSIVE, OF BLOCK 3, LOTS 1 -13, INCLUSIVE OF BLOCK 4, LOTS 1 - 21,
INCLUSIVE, OF BLOCK 6, LOTS 1 -10, INCLUSIVE, OF BLOCK 7, AND LOTS A -I, INCLUSIVE, ALL OF
EAGLE VALLEY SUBDIVISION, BEING A SUBDIVISION OF LOT 1-2 OF MINERAL LOT 311, IN THE CITY
OF DUBUQUE, IOWA, DUBUQUE COUNTY, IOWA, according to the recorded plats thereof, Dubuque
County, Iowa, as mortgage holders of a portion of the premises described herein.
,
1/.JJ
nt of Ag Lending'
State of Iowa )
)
County of Dubuque ) ss:
On this /)3 f<..0 day of" .~ 2003, before me the undersigned, a Notary Public
in and for the State of Iowa, pe;:~aIlY appeared Michael J. Lampo, to me personally known, who being by me
duly sworn, did say that he is Vice President of Ag Lending of the corporation executing the within and
foregoing instrument to which is attached, that the seal affixed thereto is the seal on behalf of the corporation
by authority of its signed and sealed on behalf of the corporation; that said instrument was signed and sealed
on behalf of the corporation by authority of its Board of Directors; and that he such officers acknowledged the
execution of the foregoing instrument to be the voluntary act and deed of the corporation, by it and them
voluntarily executed.
N~i;:~
",':'0,. LV::>JE FELDERMANN
f~.:: Com:"n;:';slc;n Number 176943
. . ~;y Commission res
, --
-.
--
.
! 2.8
DUBUQUE CODE
height, material, composition and general ap.
pearance of the fence is appropriate to the prop.
erty in that historic district and the other appli.
cation standards for conditional use permits are
met.
2-8.2. Other Districts: Fences surrounding
school yards or located in other zoning distric'ts
shall be exempt from the provisions of Section
2.8.1 of this Ordinance, provided that visibility
at intersections is not hindered.
2.8.3. Barbed Wire: Barbed wire shall not be
permitted below eight feet (8') in height except
on AG, agriculturally zoned properties for pur-
poses of containing livestock. (Ord. 56.88, ! 1,
11.7-1988)
2.9. Lots And Buildings To Front On
Public Or Approved Private Street:
All lots created after the effective date of this
Ordinance (March 18, 1985) shall front upon a
public street or an approved private street, and
no building shall be hereafter erected or con.
structed except upon such a lot. (Ord. 16-98,
~ 1, 3-16-1998)
SECTION 3. DISTRICT REGULATIONS
3.1. Residential Districts:
3.1.1. R-1 Single-Family Residential District:
(A) General Purpose And Description: The
R-l District is the most restrictive resi~
dential district, The principal use of land
in this district is for low density single-
family dwellings and related recreation-
al, religious and educational facilities
normally required to service the resi.
dents within the district. Low density
residential areas shall 'be protected from
nigner density residential development
and from the encroachment of incompati.
b Ie uses.
(Bl Principal Permitted Uses': The following
uses shall be permitted in the R.j Dis.
trict:
(1) Single.family residential dwelling
(detachedJ-[ll].
(2) Churches, convents and monaster-
ies-[71.
(3) Cemeteries, mausoleums and colum.
bariums-[47].
(4) Public and private/parochial schools
approved by Iowa State Board of
Pubiic Instruction (K.12)-(101.
(5) Public or private parks, golf courses,
or similar natural recreation
areas-1471.
(6) Railroads and public or quasi-public
utilities including substations-[471.
(7) Noncommercial nurseries and
gardens-Inial.
(C) Accessory Uses: Tne following uses shall
be permitted as accessory uses as provid.
ed in Section 4 of this Ordinance:
(1) Attacned garages.
(2) Detached garages.
(3) Noncommercial greenhouses.
(4) Solar collectors.
(5) Wind generators.
(6) Satellite receiving dishes.
(7) Storage buildings.
(8) Readily moveable sports, recreation,
or outdoor cooking equipment.
1. Numbers in brackets in this subsectlon, e.g., Ill]. refer to parking g-roups. See Section 4.2 of this Ordinance.
Supp. No. 43
3672.2
.
-
.....
.
APPENDIX A-ZONING
(9)
Tennis courts, swimming pools and
similar permanent facilities.
(10) Horne occupations.
(11) Noncommercial gardens and nurser-
ies.
(12) Off street parking and storage of
vehicles.
(13) Fences.
(14) Garage sales or rummage sales pro-
vided that not more than three (3)
such sales shall be allowed per pre-
mises per calendar year and not
more than three (3) consecutive days
per sale.
W) Conditional Uses: The following condi-
tional uses are permitted in the R-j
district, subject to the provisions of sec.
tion 5 of this ordinance and are the mini-
mum requirements for application to the
board of adjustment for a conditional use
permit:
(1) Bed and breakfast home, provided
that:
(a) The structure is either regulat-
ed by the historic preservation
ordinance or is listed on the
national register of historic
places;
(b) The use is maintained within
an owner.occupied, single-
family dwelling;
(c) The structure has a minimum
total floor area of four thou-
sand five hundred (4,500)
square feet, with not more than
one sleeping room for each
seven hundred fifty (750)
square feet of floor area, with a
1. See section 4-2.7 of this ordinance.
Supp. No. 55
! 3.1
maximum of three (3) sleeping
rooms;
(d) Signage shall be limited to one
wall mounted sign not to exceed
six (6) square feet in area, not
internally illuminated, and
with direct lighting only with a
sharp cutoff luminance;
(e) The permit shall not license the
property for rental as a private
club, museum, or tour home;
and
(f) Parking shall be provided at a
rate of one space per guest
room. The parking shall be
provided on site or on a street
frontage of the property, and
should not intensify parking.
problems in the neighborhood.
(2) Group daycare center provided that:
(a) Forty (40) square feet of indoor
floor area (excluding halls and
bathrooms) is provided per
child in areas occupied by cribs,
thirty five (35) square feet of in-
door area (excluding halls and
bathrooms) is provided per
child in areas not occupied by
cribs times the licensed capaci-
ty; and seventy five (75) square
feet of fenced outdoor recreation
space is provided per child us-
ing the space at a given time;
(b) The parking group require-
ments can be met-[8]';
(c) Such facility shall supply load-
ing and unloading of children so
as not to obstruct public streets
or create traffic or safety haz-
ards;
3673
.
.
f 3.1
DUBUQUE CODE
(d) All licenses have been issued or
have been applied for awaiting
the outcome of the board's deci.
sion; and
section 4 of this ordinance.
(4) Keeping of horses or ponies provided
that:
(e) Signage shall be limited to one
nonilluminated, wall mounted
sign not to exceed four (4)
square feet in area.
(a) A mInimum of two (2) acres of
property is available for the
first animal;
(3) Off street parking of operable auto-
mobiles to serve a permitted or
conditional use in an abutting office,
commercial (except C-l district), in-
stitutional district or adjacent to
churches or schools only, provided
that:
(b) A minimum of 1.5 acres of addi.
tional property is available for
an additional animal, up to a
maximum of two (2) animals;
and
(a) No structure other than a
screening or security fence or
wall shall be erected on the
premises;
(c) A shelter of at least one hun-
dred fifty (150) square feet and
enclosed on at least three (3)
sides shall be provided on the
property.
(b) Signage shall be limited to one
freestanding sign of no more
than six (6) square feet in size
per drive opening, identifying
the parking use, providing
directions or marking entranc-
es and exits thereto;
(E) Temporary Uses: The following uses shall
be permitted as temporary uses in the
R-l district:
(c) A site plan shall be submitted
and approved as provided in
(1) Building or trailer for storage of ma.
terials and/or equipment necessary
for construction authorized by a
valid building permit, provided the
location of the building or trailer
has been approved by the building
official.
(F) Bulk Regulations:
Lot Area Front Yard
In Square Lot Coverage Setbacks Rear Yard Building
R-l DlSTRICT Feet Frontage As % Of Side Yard Setback Height
BULK REGULATIONS x 1,000 In Feet Lot Area Min. Max. Setback % Depth In Feet
Permitted Uses
Single-family residential 5 50 40 20 50 6 20 30
Church (see section 2~5.10 20 100 40 20 20 20 30
of this ordinance)
Conditional Uses
Nursery schooVdaycare 6 60 40 20 6 20 30
Supp. No. 55
3674
,
--
APPENDIX A-ZONING
! 3.1
(G) Parking Requirements: See section 4-2 of
this ordinance.
(H) Signs: See section 4-3 of this ordinance.
3-1.2. R.2 Two-Family Residential District:
(A) General Purpose And Description: The
R-2 district is intended to provide resi-
dential areas characterized by single-
family and two-family dwellings. In-
creased densities and introduction of
two-family housing types are intended to
provide greater housing options while
maintaining the basic qualities of a low
density residential neighborhood.
(8) Principal Permitted Uses: The following
uses shall be permitted in the R-2 dis-
trict:
(1) Single-family detached dwellings-
[llJ.
~
(2) Two-family dwelling (duplexHlll.
(3) Townhouses (maximum 2 dwelling
unitsHll].
(4) Churches, convents and monaster-
ies-[7].
(5) Cemeteries, mausoleums, columbar-
iums-[47].
(6) Public and private/parochial schools
approved by Iowa state board of
public instruction (K-12}-(10J.
(7) Public or private parks, golf courses,
or similar natural recreation areas-
[47].
(8) Railroads and public or quasi-public
utilities including substations-[ 4 7].
(9) Noncommercial nurseries and gar-
dens-tn/a].
r
[ ] Parking Group-See section 4-2 of this
ordinance.
Supp. No, 55
(e) Accessory Uses: The following uses shall
be permitted as accessory uses as provid.
ed in section 4 of this ordinance:
(1) Attached garages.
(2) Detached garages.
(3) Noncommercial greenhouses.
(4) Solar collectors.
(5) Wind generators.
(6) Satellite receiving dishes.
(7) Storage buildings.
(8) Readily movable sports, recreation,
or outdoor cooking equipment.
(9) Tennis courts, swimming pools and
similar permanent facilities.
(10) Home occupations.
(11) Noncommercial gardens and nurser.
ies.
(12) Off street parking and storage of
vehicles.
(3) Fences.
(14) Garage sales or rummage sales pro-
vided that not more than three (3)
such sales shall be allowed per pre-
mises per calendar year and not
more than three (3) consecutive days
per sale.
(D) Conditional Uses: The following condi.
tional uses are permitted in the R-2
district, subject to the provisions of sec-
tion 5 of this ordinance and are the mini-
mum requirements for application to the
board of adjustment for a conditional use
permit:
0) Bed and breakfast home, provided
that:
3675
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I 3-1
DUBUQUE CODE
(a) The structure is either regulat-
ed by the historic preservation
ordinance or is listed on the
national register of historic
places;
(b) The use is maintained within
an owner occupied, single-fami-
ly dwelling;
bathrooms) is provided per
child in areas occupied by cribs,
thirty five (35) square feet of
indoor area (excluding halls and
bathrooms) is provided per
child in areas not occupied by
cribs times the licensed capaci-
ty; and seventy five (75) square
feet of fenced outdoor recreation
space is provided per child
using the space at a given time;
(c) The structure has a mlOlmum
total floor area of four thou-
sand five hundred (4,500)
square feet, with not more than
one sleeping room for each
seven hundred fifty (750)
square feet of floor area, with a
maximum of five (5) sleeping
rooms;
(b) The parking group require-
ments can be met-[8];
(d) Signage shall be limited to one
wall mounted sign not to ex-
ceed six (6) square feet in area,
not internally illuminated, and
with direct lighting only with
sharp cutoff luminance;
(c) Such facility shall supply load-
ing and unloading of children so
as not to obstruct public streets
or create traffic or safety haz-
ards;
(d) All licenses have been issued or
have been applied for awaiting
the outcome of the board's decI-
sion; and
(e) The permit shall not license
the property for rental as a
private club, museum, or tour
home; and
(e) Signage shall be limited to one
nonilluminated, wall mounted
sign not to exceed four (4)
square feet in area.
(I) Parking shall be provided at a
rate of one space per guest
room. The parking shall be
provided on site or on a street
frontage of the property, and
should not intensify parking
problems in the neighborhood.
(4) Off street parking of operable auto-
mobiles to serve a permitted or
conditional use in an abutting office,
commercial (except C-l district),
institutional district or adjacent to
churches or schools only, provided
that:
(a) The parking group require-
ments can be met-[2].
(a) No structure other than a
screening or security fence or
wall shall be erected on the pre-
mises;
(2) Hospice, provided that:
(a) Forty (40) square feet of indoor
floor area (excluding halls and
(b) Signage shall be limited to one
freestanding sign of no more
than six (6) square feet in size
per drive opening, identifying
the parking use, providing di-
rections or marking entrances
and exits thereto;
-~
(b) Signs shall not be permitted.
(3) Group daycare center provided that:
Supp. No. 55
3676
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APPENDIX A-ZONING
! 3.1
(c) A site plan shall be submitted
and approved as provided in
section 4 of this ordinance.
R-2 district:
[ ] Parking group-See section 4-2 of
this ordinance.
0) Building or trailer for storage of ma-
terials and/or equipment necessary
for construction authorized by a
valid building permit, provided the
location of the building or trailer
has been approved by the building
official.
rEi Temporary Uses: The follomng uses shall
be permitted as temporary uses in the
(F) Bulk Regulations:
Lot Area Front Yard
In Square Lot Couerage Setbacks Rear Yard Building
R-2 DiSTRICT Feet Frontage As % Or Side Yard Setback Height
BULK REGULATlONS x 1,000 In Feet Lot Area Min. Max. Setback % Depth In Feet
Permitted Uses
Single-family residential 5 50 40 20 50 6 20 30
Two.family residential 6 50 40 20 50 6 20 30
Townhouse (~aximum 3IDU 25/DU 40 20 50 610 20 30
- 2 DU)
Church (see section 2.5.10 20 100 40 20 20 20 30
of this ordinance)
Conditional Uses
Hospice 6 50 40 20 6 20 30
Nursery schoolldaycare 5 50 40 20 6 20 30
(G) Parking Requirements: See section 4-2 of
this ordinance.
_..
(A) General Purpose And Description: The
R-2A district is intended to provide for
the protection of certain older areas of
the community developed principally as
single-family and two-family uses. The
purpose of this district is to stabilize and
preserve the residential character of
existing areas through the establishment
of bulk regulations in conformity mth
existing conditions. Characteristics of the
R-2A district are: smaller than average
lot widths and area, established building
lines much closer to the public right of
way and required setback lines, and/or
greater lot coverages than allowed in the
more recent developing areas where such
requirements can be provided. The R-2A
district is to be selectively placed on
those areas displaying one or more of the
above characteristics.
(H) Signs: See section 4-3 of this ordinance.
3-1.3. R-2A Alternate Two-Family Residential
District:
(H) Principal Permitted Uses: The following
uses shall be permitted in the R.2A dis-
trict:
0) Single-family detached dwell-
ings-[ll].
(2) Two-family dwelling (duplexHll].
Supp. No. 55
3677
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APPENDIX A-ZONING
! 3.1
(G) Parking Requirements: See section 4.2 of
this ordinance.
(H) Signs: See section 4.3 of this ordinance.
3.1.4. R.3 Moderate Density Multi.Family
Residential District:
(A) General Purpose And Description: The
R.3 district is intended to provide resi.
dential areas of moderate density devel.
opments which may include a variety of
dwelling types ranging from single-fami.
ly to low rise multi.family dwellings.
(8) Principal Permitted Uses: The following
uses shall be permitted in the R.3. dis.
trict:
(1) Single. family detached dwellings-
[11].
(2) Two-family dwelling (duplexl-[ll].
-
(3) Multi-family dwelling (maximum 6
dwelling units)-[9].
(4) Townhouses (maximum 6 dwelling
unitsl-[llJ.
(5) Churches, convents, and monaster.
ies-[5J.
(6) Cemeteries, mausoleums, columbar.
iums-[ 47].
(7) Public and private/parochial schools
approved by Iowa state board of
public instruction (K-12)-[10].
(8) Public or private parks, golf courses,
or similar natural recreation areas-
[47].
(9) Railroads and public or quasi-public
utilities including substations-[47].
(10) Noncommercial nurseries and gar.
dens-[nJa].
~
Supp. No. 55
3680.1
[ ] Parking group-See section 4.2 of this
ordinance.
(C) Accessory Uses: The following uses shall
be permitted as accessory uses as provid.
ed in section 4 of this ordinance:
(1) Attached garages.
(2) Detached garages.
(3) Noncommercial greenhouses.
(4) Solar collectors.
(5) Wind generators.
(6) Satellite receiving dishes.
(7) Storage buildings.
(8) Readily movable sports, recreation,
or outdoor cooking equipment.
(9) Tennis courts, swimming pools and
similar permanent facilities.
(10) Home occupations.
(11) Noncommercial gardens and nurser.
ies.
(12) Off street parking and storage of
vehicles.
(13) Fences.
(14) Garage sales or rummage sales
provided that not more than three
(3) such sales shall be allowed per
premises per calendar year and not
more than three (3) consecutive days
per sale.
(D) Conditionol Uses: The following condi.
tional uses are permitted in the R.3
district, subject to the provisions of sec.
tion 5 of this ordinance and are the mini.
mum requirements for application to the
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t 3.1
DUBUQUE CODE
board of adjustment for a conditional use
permit:
(1) Individual zero lot line detached
dwellings, provided that:
(a) The adjoining property owner,
on the zero lot line side, agrees
to the property line location
and to providing a five foot (5')
maintenance easement prior to
board review; and
(b) The roof overhang shall not
extend across the property line;
and
(c) A minimum of six feet (6') can
be maintained between homes
and other structures.
(2) Group homes, provided that:
(a) Not less than six hundred fifty
(650) square feet of lot area be
provided per resident;
(b) The parking group require.
ments can be met-[ 4];
(c) Signs shall not be permitted
except for nameplates.
(3) Bed and breakfast home, provided
that:
(a) The structure is either regulat.
ed by the historic preservation
ordinance or is listed on the
national register of historic
places;
(b) The property has a full time
resident owner or resident
manager;
(c) The structure has a nummum
total floor area of four thou.
sand five hundred (4,500)
square feet, with not more than
one sleeping room for each
Supp. No. 55 3680.2
seven hundred fifty (750)
square feet of floor area, with a
maximum of nine (9) sleeping
rooms;
(d) Signage shall be limited to one
wall mounted, projecting sign
wi th not more than a forty inch
(40") projection, or freestanding
sign, per street frontage not to
exceed six (6) square feet in
area, not internally illuminat.
ed, and with direct lighting only
with sharp cutoff luminance;
(e) The permit shall not license the
property for rental as a private
club, museum, or tour home;
and
(f) Parking shall be provided at a'
rate of one space per guest
room. The parking shall be
provided on site or on a street
frontage of the property, and
should not intensify parking
problems in the neighborhood.
(4) Hospice, provided that:
(a) The parking group require.
ments can be met-[2];
(b) Signs shall not be permitted.
(5) Group daycare center provided that:
(a) Forty (40) square feet of indoor
floor area (excluding halls and
bathrooms) is provided per
child in areas occupied by cribs,
thirty five
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APPENDIX A-ZONING
.......
(35) square feet of indoor area (ex-
cluding halls and bathrooms) is
provided per child in areas not oc-
cupied by cribs times the licensed
capacity and seventy.five (75)
square feet of fenced outdoor rec-
reation space is provided per child
using the space at a given time;
(b) The parking group requirements
can be met-[81;
(c) Such facility shall supply loading
and unloading of children so as not
to obstruct public streets, or create
traffic or safety hazards;
(d) All licenses have been issued or
have been applied for awaiting the
outcome of the board's decision;
and
(e) Signage shall be limited to one (1)
nonilluminated, wall-mounte~ sign
not to exceed four (4) square feet in
area.
(6) Roominglboarding houses, maximum
ten lID) roomers, provided that;
~ (a) The parking group requirements
can be met-[41;
(b) The owner or manager of said use
shall maintain a permanent resi-
dence on site.
(7) Nursing or convalescent home, pro-
vided that:
(a) The minimum lot size for such use
shall be forty thousand (40,000)
square feet;
(b) A minimum lot frontage' of one
hundred lIDO) feet shall be main-
tained; and
(c) The parking group requirements
can be met-[21;
(8) Housing for the elderly and persons
with disabilities, provided that:
(a) The parking group requirements
can be met-[31.
(9) Mortuaries and funeral homes, pro-
vided that:
tal A minimum lot size of twenty thou-
sand (20,000) square feet shall be
r provided;
Supp. No. 12 3681
! 3.1
(b) A minimum lot frontage of one
hundred (l00) feet shall be main.
tained;
(c) The forty (40) percent maximum
lot coverage shall not be exceeded;
(d) A site plan shall be provided
showing the proposed layout of the
buildings, parking area, drive
aisles, and required screening and
landscaping according to the site
plan provisions of section 4-4 of this
ordinance;
(e) The parking group requirements
can be met-[l2].
(10) Off.street parking of operable automo-
biles to serve a permitted or conditional
use in an abutting office, commercial
(except C-l District), institutional or in.
dustrial district, provided that:
(a) No structure other than a
screening or security fence or wall
shall be erected on the premises;
(b) Signage shall be limited to one (1)
freestanding sign of no more than
six (6) square feet in size per drive
opening, identifying the parking
use, providing directions or
marking entrances and exits
thereto;
(cl A site plan shall be submitted and
approved as provided in Section 4
of this ordinance.
(11) Off.premise residential garage, pro.
vided that:
(a) It is incidental and subordinate to
a permitted residential use and lo-
cated on a lot within three hun.
dred (300) feet of the residential
use it serves;
(b) It is owned and maintained by the
property owner within three hun.
dred (300) feet of the residential
use it serves;
(c) Such use shall be designed, con.
structed and maintained in har.
mony with the residential setting
in which it is located;
(d) No such use shall exceed seven
hundred and twenty (720) square
.
'. .. r;
f 3.1
DUBUQUE CODE
feet of floor area per dwelling unit
and a height of fifteen (15) feet;
(e) No commercial storage, sales or
home occupations shall be per.
mitted within such structure;
(0 No outside storage shall be per.
mitted in conjunction with such
use;
(g) A site plan shall be submitted as
provided for in section 4-4 of this
ordinance.
[lParking group-See section 4-2 of this
ordinance.
(F) Bulk regulations:
R-3 DISTRICT
BULK REGULATIONS
Lot Ana
in. SqUart
Fed
x 1000
COl/traCt
..%
Lot Area
Lot
Frontagt
inFtd
PermUted Un,
Sin~l.ramily reaidential 5 50 40
Two-famiJy residential 5 50 40
Multj.(amily residenliallmax.
lmum 6 DU) 3.2/DU 50 40
Townhouse (maximum 6 om IDU 16/DU 40
Church (see section 2.5.101 20 100 40
Conditional U,tl
Individuallero lot line 5 so 40
Group home 5 50 40
Hospice 5 50 40
Roomin and boardin house 5 50 40
Nursing home 20 100 40
Housin~, elderly 20 100 40
Mortuary, funeral home 20 100 40
Orr.premises residential (a.
rage
(G) Parking requirements. See section 4.2 of this
ordinance.
(H) Signs. See section 4-3 of this ordinance.
3-1.5. R-4 Multifamily residential district.
(A) General purpose and description. The R.4
District is intended to provide residential
areas of moderate to high density develop.
ments. The R.4 District is usually located
adjacent to a major street and serves as a
Supp. No. 12
(E) Temporary uses. The following uses shall
be permitted as temporary uses in the R.3
District:
(1) Building or trailer for storage of mate.
rials andlor equipment necessary for
construction authorized by a valid
building permit, provided the location
of the building or trailer has been ap.
proved by the building official.
Front Yard
Se:bcu:Ju
Min.
Rear Yard
Side Yard Stlbaclt
Setback % Depch
Building
Height in
Feet
Max.
20 50
20 50
4 20 30
4 20 30
4 20 30
4/0 20 30
20 20 0
10/0 20 30
4 20 30
4 20 30
4 20 30
20 20 30
20 20 30
20 20 30
4 6' 15
20
20
20
20 50
20
20
20
o
20
20
20
buffer or transition between commercial de.
velopment or heavy automobile traffic and
medium density residential development.
(B) Principal permitted uses. The following uses
shall be permitted in the R-4 District:
(1) Multifamily dwellings Ithree (3) to
twelve (12) units per buildingsl-[91.
(2) Townhouses (three (3) to twelve (12)
units laterally attached)-[91.
3682