Request to Rezone 815 Rose StreetPrepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St Telephone: 589-4210
Return to: Kevin Firnstahl, City Clerk Address: City Hall- 50 W. 13th St Telephone: 589-4121
ORDINANCE NO. 63-14
AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF
ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED AT 815 ROSE STREET FROM R-2 TWO-FAMILY
RESIDENTIAL DISTRICT TO R-3 MODERATE DENSITY MULTI -FAMILY RESIDENTIAL
DISTRICT WITH CONDITIONS AS ESTABLISHED IN THE ATTACHED MEMORANDUM
OF AGREEMENT
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of Ordinances, the Unified
Development Code, is hereby amended by reclassifying the hereinafter -described property
from R-2 Two -Family Residential District to R-3 Moderate Density Multi -Family Residential
District with conditions, to wit:
Lot 5 Block 1 Hamblin Subdivision, and to the centerline of the adjoining public right-
of-way, all in the City of Dubuque, Iowa.
Section 2. That the foregoing amendment has heretofore been reviewed by the Zoning
Advisory Commission of the City of Dubuque, Iowa.
Section 3. This Ordinance shall take effect immediately upon publication, as provided by
law.
Passed, approved and adopted this 20th day of October, 201
;r9
Roy D. Buol, ayor
Attest:
410
Kevin irnstahl, CitQfer9C
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper
on the following dates: October 24, 2014, and for which the charge is $16.35.
Subscribed to before me, a Notary Puc in and for Dubume County, Iowa,
col
this 7e;, day of i , 20
Notary Public in and for Dubuque County, Iowa.
MARV WY.STERMENER
CommIhsion Number 1541365
My Comm, Exp. FEB. 1, 2017
OFFICIAL',
pOBLICATION„';',
ortorititaNdEllge;3;44
AN ORDINANCE
AMENDING TITLE 16
OF THE CITY OF, 60-
BUQUE CODE OF OR-
DINANCES,'UNIFIED
DEVELOPMENT
CODE, BY RECLASS-
AFYING HEREINAFTER
DESCRIBED PROPER-
TY LOCATE!) AT 815
ROSE STREET FROM
R-2 TWO-FAMILY
RESIDENTIAL DIS -1
TRICT'TO MOD -I
ERATE DENSITY
MULTI -FAMILY
PENIIAt, i.121D115-.1714,ICT
NY,ITIclii4-'044CONDiYIONS
45,t.,g.STABLIPHED., IN
17HE:: ;,., =:;,,ATT4cHED
,.--mEnpqAtirpum , OF
4GREENIENT.:,,,,,
NO,M(.;,',T1-(EREEOREJ BE
IT "ORDA1NED.1,BY...THE
CITY-t014Nerr OF THE
-,,
CITY ,OF:1)(4By01:1E;,10-
WA::'
$0,ctien-'34..,That,,Title
16 .of tho,..qty.of.Diibu-
'que .Code,A)f-g.0,rdinan-
...ces; theI_Inifieclipey'tel-,
OOMeht Cote, is': here=
by, :. ' .r.'; amendedr,.:, yo by
reclassifying fhe:here-
inafer-described....prop-
erty ,.fror* R4,-',":. Two -
Family :Residentjal-Dis-
trict qTo. 4c --p, Moderate
Density MultITFamily
Residential :1.?1)istrict
withicoriditionStewit:
11, ',.tot,S:E31O.Ok1;.. Ham b I in
l' 50b0IVisitio, and to the
centerlinel`lof,i the:cad -
joininj, publie,ri.dht,of-
i., way,; all in the City. of
'
Dubuque,lOwa,..
Section 2: that' the
foregoing. . amendment
has - heretofore ' 'been
reviewed bylnezoning
Acrvisoy ' Coinrnission
of the, City of,{11.1budiae,
IOWA.
Section3:. This Ordi-
napoptshallI,a,ke effect
Irnmeitiat*PPOn Pub-
. liCation,kag:Orovided by
. laW. -,,,),.„-,•...,`:',,4'• ,
iRasSeel;:derpypcland
copTed1,This,20Th ,day
of October, ga14,-,
/s/Roy'lit,BOOIrMeYor
Attest;./S/Keyin B:'
Firnstahl, City. Clerk
Published officially in
tlie...,:TeleDraph Herald
NeWSpaper,pnhe 24th
4iYof Q,CtOb014:
;.,/s4lceAr n,.$.0f,i r-nstah I,
CMC., City Clerk
it 10/24
UIUI OII 0 II imu mmii 1oiuiiiiim
Doc ID 008130760005 Type GEN
Kind ORDINANCE
Recorded: 10/24/2014 at 02:02:17 PM
Fee Amt: $27.00 Page 1 of 5
Dubuque County Iowa
Kathy Flynn Thurlow Recorder
F11e2014-00012013
Prepared by: Laura Carstens; City Planner Address: City Hall, 50 W. 13th St Telephone: 589-4210
Return to: Kevin Firnstahl, City Clerk Address: City Hall- 50 W. 13th St Telephone: 589-4121
ORDINANCE NO. 63-14
AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF
ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER
DESCRIBED PROPERTY LOCATED AT 815 ROSE STREET FROM R-2 TWO-FAMILY
RESIDENTIAL DISTRICT TO R-3 MODERATE DENSITY MULTI -FAMILY RESIDENTIAL
DISTRICT WITH CONDITIONS AS ESTABLISHED IN THE ATTACHED MEMORANDUM
OF AGREEMENT
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of Ordinances, the Unified
Development Code, is hereby amended by reclassifying the hereinafter -described property
from R-2 Two -Family Residential District to R-3 Moderate Density Multi -Family Residential
District with conditions, to wit:
Lot 5 Block 1 Hamblin Subdivision, and to the centerline of the adjoining public right-
of-way, all in the City of Dubuque, Iowa.
Section 2. That the foregoing amendment has heretofore been reviewed by the Zoning
Advisory Commission of the City of Dubuque, Iowa.
Section 3. This Ordinance shall take effect immediately upon publication, as provided by
law.
Passed, approved and adopted this 20th day of October, 201
Roy D. Buol, payor
Attest:
Kevin J'irnstahl, Cit \ G
STATE OF IOWA
CERTIFICATE of the CITY CLERK
) SS:
COUNTY OF DUBUQUE )
I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk
of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in
my possession or have access to the records of the proceedings of the City Council. I
do further state that the hereto attached Ordinance No. 63-14 is a true and correct
copy of the original.
In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque,
Iowa.
Dated at Dubuque, Iowa, on this 21st day of October, 2014.
Kevin -6 . F'' stahl, C C,y Clerk
Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. l3" St Telephone: 589-4210
Return to: Kevin Firnstahl, City Clerk Address: City Hall- 50 W. 13th St Telephone: 589-4121
MEMORANDUM OF AGREEMENT
Pursuant to the Iowa Code Section 414.5 (2011), and as an express condition of
rezoning of the property located at 815 Rose Street and legally described as:
Lot 5 Block 1 Hamblin Subdivision, and to the center line of
the adjoining public right-of-way, all in the City of Dubuque,
Iowa.
which is the subject of Ordinance No. 54-14, a copy of which is attached hereto and
incorporated herein by reference, the undersigned property owner(s) agree(s) to the
following conditions, all of which the property owner(s) further agree(s) are reasonable
and are imposed to satisfy public needs which are caused directly by the rezoning:
A) Conditions:
1) That a paved and striped nine space parking lot compliant with all City rules
and regulations be constructed at the rear of the property.
2) That a sidewalk be constructed that connects the parking lot to the front
entrance of the apartment building.
B) Reclassification of the Subject Property. The City of Dubuque, Iowa may initiate
zoning reclassification proceedings to the R-2 Two -Family Residential District if
the property owner fails to complete any of the conditions or provisions of this
Agreement.
C) Modifications. Any modifications of this Agreement shall be considered a zoning
reclassification and shall be subject to the provisions of the Title 16, Unified
Development Code, governing zoning reclassifications. All such modifications
must be approved by the City Council of Dubuque, Iowa.
D) Recording. A copy of this Agreement shall be recorded with the Dubuque
County Recorder as a permanent record of the conditions accepted as part of
this rezoning approval within ten (10) days of the adoption of Ordinance No. 63-
14.
E) Construction. This Agreement shall be construed and interpreted as though it
were part of Title 16 of the City of Dubuque Code of Ordinances, Unified
Development Code.
F) This Agreement shall be binding upon the undersigned and his/her heirs,
successors and assignees.
ACCEPTANCE OF ORDINANCE NO. 63— 14
I, Brandon Merrick, representing B. M. Properties, property owner, having
read the terms and conditions of the foregoing Ordinance No. 63 -14 and being
familiar with the conditions thereof, hereby accept this same and agree to the conditions
required therein.
Dated in Dubuque, Iowa this 7 -(ii day of &9
Brandon Merrick
2014.
State of Iowa)
) ss:
County of Dubuque
On this c9-1 day of eeir,i,--(2/2)2014 before me, a Notary Public, in and for said
state, personally appeared Brandon Merrick, to me known to be the person named in
and who executed the foregoing instrument, and acknowledged that they executed the
same as their voluntary act and deed.
Nota'. Public in the Stat- of lo
My Commission expires: —/-/5--
MELINDA RETTENBERGER
CornmIselon Number 125256
My Commission Ea plres