Resurrection Cemetery AssociationBrian J Kane
Gary K. Norby
Les V. Reddick"
D. Flint Drake **
Brad J. Heying
Todd L. Stevenson*
All admitted in Iowa
*Also admitted in Illinois
* *Also admitted in Wisconsin
Mr. Wendell W. Corey
Corey Development, Ltd.
825 South Taft Avenue
Mason City, IA 50401
Dear Mr. Corey:
KANE, NORBY & REDDICK, P.C.
ATTORNEYS
2477 J.F. KENNEDY RD., SUITE 102
DUBUQUE, IA 52002
July 21, 1999
RE: RESURRECTION CEMETERY ASSOCIATION
Phone: (319) 582 -7980
Facsimile: (319) 582 -5312
E -mail: knrpc®mwci.net
As you know, we are counsel for Resurrection Cemetery
Association and are writing in connection with your development of
property to the east of the cemetery pursuant to City of Dubuque
Ordinance No. 4 -96, a copy of which we enclose for your reference
(and we note your acceptance in writing thereof on April 16, 1996).
As you and HyVee, among others, have been previously made
aware, there are certain problems in connection with the
construction of the wall along the westerly boundary line of your
property (and the easterly boundary line of the cemetery). Prior
to occupancy by HyVee of its grocery store, the following matters
need to be addressed:
1. Back filling behind the wall (on the cemetery side);
2. Assurance that the tiling is not plugged for drainage
purposes along the easterly boundary line of the cemetery;
3. That the required arborvitae is planted; and,
4. That the fence damage to the cemetery's fence along the
easterly boundary line is repaired. Among other things, Ordinance
No. 4 -96, in Section D, Section 4 thereof, requires a buffer of
Techny Arborvitae planted five feet on center and a minimum of five
feet in height at planting shall be required along the west
property line to screen the service area from the adjacent
cemetery.
Page 2
July 21, 1999
KANE, NORBY & REDDICK, P.C.
We have in our possession photographs taken by Mr. Carl J.
Burbach, a trustee of the Resurrection Cemetery Association, which
show in detail all of the defects underlying the corrective
measures requested above. We are happy to share these colored
photographs with you in person. We will also be sharing these
photographs with those copied in on this letter.
May we hear from you promptly after receipt of this letter
with respect to an exact date by which we may expect the above
matters to be addressed and completed to the reasonable
satisfaction of the trustees of the Cemetery Association.
Please do not hesitate to contact us directly should you have
any questions. Thank you.
Best regards,
KANE, NORBY & REDDICK, P.C.
By
ciA tikKba.
Brian J. Lithe
BJK:db
Copy To: Mr. Barry Lindahl, Corporation Counsel
Ms. Laura Carstens
Mr. Carl J. Burbach
Mayor Terry Duggan
Ms. Mary Davis, City Clerk
Mr. Dennis Austenhaus via facsimile 515 - 267 -2967
, 0
CD
0
Prepared by:
Address: Phone:
ORDINANCE N0. 4 -96
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY
LOCATED NORTH OF ASBURY ROAD AND WEST OF THE NORTHWEST ARTERIAL (HWY 32)
FROM AG AGRICULTURAL AND C -3 GENERAL COMMERCIAL DISTRICT TO PUD PLANNED UNIT
DEVELOPMENT DISTRICT WITH A PC PLANNED COMMERCIAL DISTRICT DESIGNATION AND
ADOPTING A CONCEPTUAL DEVELOPMENT PLAN, WITH CONDITIONS.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. Appendix A (the Zoning Ordinance) of the City of Dubuque Code
of Ordinances is hereby amended by reclassifying the hereinafter described
property from AG Agricultural and C -3 General Commercial District to PUD Planned
Unit Development District with a PC Planned Commercial 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:
Subdivision of Lot 2 of E 1/2 of SE 1/4 of Sec. 17, Lot 2 of Lot 2 of Lot
1 of Lot 1 of E 1/2 of SE 1/4 of Sec. 17, Lot 1 of Lot 1 of Lot 2 of Lot 1
of Lot 1 of E 1/2 of SE 1/4 of Sec. 17, Lot 2 of Lot 1 of Lot 2 of Lot 1 of
Lot 1 of E 1/2 of SE 1/4 of Sec. 17, Lot 3 of Lot 2 of Lot 2 of E 1/2 of SW
1/4 of Sec. 16, Lot 1 of Lot 1 of Lot 1 of Lot 1 of NW 1/4 of SW 1/4 of Sec.
16, Lot 3 of Lot 1 of Lot 1 of Lot 1 of NW 1/4 of SW 1/4 of Sec. 16, Lot 2
of Lot 2 of Lot 1 of Lot 1 of NW 1/4 of SW 1/4 of Sec. 16, Lot 2 of Lot 2
of Lot 2 of NW 1/4 of SW 1/4 and Lot 2 of Lot 1 of Lot 3 of NW 1/4 of SW 1/4
of Sec. 16, T89N, R2E, 5th P.M. to the center line of the adjoining public
right -of -way, all in the City of Dubuque, Iowa.
Section 2. Pursuant to Iowa Code Section 414.5, and as an express condition
of the reclassification, the undersigned property owner agrees to the following
conditions, all of which the property owner further agrees are reasonable and
imposed to satisfy the public needs that are caused directly by the zoning
reclassification:
A. Use Regulations.
The following regulations shall apply to all uses made of land in the
above described PUD District:
1. Principal permitted uses shall be limited to:
a) Regional shopping center
b) Retail Sales /Service [17]
c) Indoor restaurant [20]
d) Drive -in /Carry -out restaurant [28]
e) General offices [14]
f) Indoor Recreation [37]
g) Outdoor Recreation [37]
h) Auto sales and service [38]
i) Auto service centers [34]
2. Accessory uses shall include any use customarily incidental and
subordinate to the principal use it serves.
3. Temporary uses shall be limited to the following:
Any use listed as a permitted use within the PUD District of a
limited duration as established in Section 2 -5.3 and as defined in
Section 8 of the City of Dubuque Zoning Ordinance.
[ ] Parking group - -see Section 4 -2 of the Zoning Ordinance.
B. Lot and Bulk Regulations.
Development of land in the PUD District shall be regulated as follows:
1. All shopping center buildings, structures and activities shall be
developed in conformance with the attached conceptual development
plan and all final site development plans shall be approved in
accordance with provisions of the PUD District regulations of this
ordinance and of Section 3 -5.5 of the Zoning Ordinance.
2. All shopping center buildings and structures shall be limited to
a maximum height of 40 feet.
3. All buildings and structures located on outlots shall be developed
in compliance with the bulk regulations of the C -3 General
Commercial District, except maximum height, as established in
Section 3 -3.3 of the Zoning Ordinance.
4. All buildings and structures located on outlots shall be limited
to a maximum height of 25 feet.
C. Performance Standards.
The development and maintenance of uses in this PUD District shall be
established in conformance with Section 3 -5.5 of the Zoning Ordinance
and the following standards:
1. Final site development plans shall be submitted in accordance with
Section 4 -4 of the Zoning Ordinance. All major site development
plans shall be reviewed and approved by the Zoning Commission
prior to construction. The Commission shall approve the submitted
site development plans if they are determined to be in substantial
conformance with the approved conceptual plan.
2. Sidewalks shall be placed four (4) feet behind the curb parallel
to the street on all public street frontages and constructed in
ORDINANCE NO. 4 -96
Page 3
accordance with City standards. Additional sidewalks shall be
provided as indicated on approved conceptual plan.
3. The Conceptual Development Plan shall serve as the preliminary
plat for this PUD District. Final subdivision plats and
improvements plans shall be submitted in accordance with Chapter
42 of the City of Dubuque Code of Ordinances.
4. Lighting shall be provided per City standards with parking lot
light standards limited to a maximum height of 30 feet.
5. Parking requirements for the shopping center shall be one space per
200 square feet of gross leasable area accessible to the general
public.
6. Parking requirements for businesses located on outlots shall be as
per the parking group for the designated use or in accordance with
Section 4 -2 of the Zoning Ordinance.
D. Onen Soace and Landscaoino
Open space and landscaping in the PUD District shall be regulated as
follows:
1. Landscape berms or plantings shall be required as screening for
parking areas
Asbury Road. Screening een ng shall of three (3) feet and
n
height and can utilize natural grade changes to achieve the
desired effect.
2. Trees shall be provided in all parking lot islands which are of
sufficient size to ensure the growth and survival of the planted
trees.
3. A detailed landscape plan shall be required as part of submittal
for final site development plan approval. This landscape plan
shall be reviewed and approved by the Zoning Commission.
� — � 4. A buffer of Techny Arborvitae planted 5 feet on center and a
minimum of 5 feet in height at planting shall be required along
the west property line to screen the service area from the
adjacent cemetery.
5. Those areas not designated on the conceptual development plan for
development shall be maintained as open space, as defined by
Section 8 of the Zoning Ordinance by the property owner and /or
association.
E. Sian Regulations.
On- premise signage shall be provided in compliance with the following:
ORDINANCE NO. 4 -96
Page 4
1. Center Identification signage: One (1) center identification sign
located along the Northwest Arterial (Hwy 32) frontage. This sign
shall be a ground- mounted sign a maximum of twelve (12) feet high
and twenty -five (25) feet long.
2. Tenant Identification signage:
a) Two (2) tenant identification signs. Each sign shall be a
ground- mounted sign a maximum of thirty -five (35) feet high and
twelve (12) feet wide. Multiple tenants can be displayed on
these signs with square footage to be allocated by the
developer.
b) Wall- mounted signage for tenants occupying greater than 30,000
square feet of leased area shall be allowed one (1) sign per
street frontage. The total square footage of wall- mounted
signs will be based on 20% of the front building wall area.
c) Wall- mounted signage for tenants occupying less than 30,000
square feet of leased area shall be allowed one (1) sign per
street frontage. The total square footage of wall- mounted
signs will be based on 10% of the front building wall area.
3. Outlot signage:
a) Each outlot parcel shall be allowed wall- mounted signage as per
the C -3 General Commercial District sign regulations. The
maximum number of signs per business is two (2) signs.
b) Each outlot parcel shall be allowed one (1) freestanding sign,
limited to 100 square feet in size and a maximum height of 25
feet.
4. Directional signs will be allowed as permitted by C -3 General
Commercial District sign regulations.
F. Additional Standards.
1) That access to the Northwest Arterial (Hwy 32) and Asbury Road
shall be limited to the accesses shown on the conceptual plan.
Request for additional accesses shall require submittal of an
amended conceptual plan and must be approved by the Zoning
Commission and City Council in accordance with Section 3 -5.5 and
Section 6 of the Zoning Ordinance.
2) The conceptual development plan shall be valid for a period of
five (5) years provided a final site development plan is submitted
within three (3) years from the date of approval.
3) That if development of the area designated "future development" on
the Conceptual Development Plan for the Asbury Plaza Shopping
Center becomes feasible prior to issuance of any building permits
to Corey Development, Ltd., then the original plan shall be re-
ORDINANCE NO. 4 -96
Page 5
instated providing for two accesses, the south access being
restricted to right -in /right -out.
If development of the area designated "future development" becomes
feasible after issuance of any building permits to Corey
Development Ltd., an amended Conceptual Development Plan for only
the "future development" area shall be submitted for review and
approval by the Zoning Advisory Commission and the City Council.
G. Transfer of Ownership
Transfer of ownership or lease of property in this PUD District shall
include in the transfer or lease agreement a provision that the
purchaser or lessee acknowledges awareness of the conditions
authorizing the establishment of the district.
H. Reclassification of Subiect Property.
The City of Dubuque, Iowa, may initiate zoning reclassification
proceedings to the District in accordance with Section 6 of the
Zoning Ordinance if the property owner(s) fail(s) to complete or
maintain any of the conditions of this ordinance.
I Modifications.
Any modifications of this Ordinance must be approved by the City
Council in accordance with zoning reclassification proceedings of
Section 6 of the Zoning Ordinance.
J. Recordina.
A copy of this ordinance shall be recorded at the expense of the
property owner(s) with the Dubuque County Recorder as a permanent
record of the conditions accepted as part of this reclassification
approval. This ordinance shall be binding upon the undersigned and
his /her heirs, successors and assigns.
Section 3. The foregoing amendment has heretofore been reviewed by the
Zoning Commission of the City of Dubuque, Iowa.
Section 4. The foregoing amendment shall take affect upon publication, as
provided by law.
ORDINANCE NO. 4 -96
Page 6
Passed, approved and adopted this 15th day of January 1996.
Torrance M. buggan, M(dyor
ATTEST:
/d-1-
Mary ?Davis, City Clerk
ORDPUD.FRM
PL \council \asbury.nwa
ORDINANCE NO. -96
Page 7
ACCEPTANCE OF ORDINANCE NO. 4 -96
I, Wendell Corey, property owner, having read the terms and
conditions of the foregoing Ordinance No. 4 -96 and being familiar with the
conditions thereof, hereby accept the same and agree to the conditions required
therein.
Dated this /6 /A day of O r 1 , 1996.
By 7
6/2j. Cruz,—
Wendell Corey Ai
Corey Development, Ltd.