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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.