OFFICIAL PUBLICATION ORDER NO. | Legal Notice

OFFICIAL RELEASE ORDER NO. 34-22 ABSTRACT THE ENTIRE ORDER IS ON FILE AT THE CITY CLERK’S OFFICE, 50 W. 13TH STREET, DUBUQUE, AND MAY BE VIEWED DURING NORMAL BUSINESS HOURS 8:00 AM TO 5:00 PM MONDAY THROUGH FRIDAY. AN ORDER AMENDING TITLE 16 OF THE CITY OF DUBUQUE’S ORDINANCE CODE UNIFIED DEVELOPMENT CODE BY REVOKING ORDER 25-05 AND ORDINANCE 44-06 WHICH PROVIDES BY-LAWS FOR A PLANNED UNIT DEVELOPMENT DISTRICT OF PUD WITH PLANNED BUSINESS DESIGNATION OF PC FOR BUSINESS ASBURY PLAZA PARK AND PASS AMENDED PUD ​​ORDER WITH PLANNED RESIDENTIAL COMMERCIAL AND PR DESIGNATIONS BY PC NOW, THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA Section 1. That Title 16 of the City of Dubuque Ordinance Code, Unified Development Code, is hereby amended by rescinding Ordinance 25-05 and Ordinance 44-06 for the property described herein which provides regulations for a planned unit development district with a PC Planned Commercial District designation, Asbury Plaza Business Park and enacting the Amended Planned Unit Development Ordinance with the PC Planned Commercial District and the PR Planned Residential District for the following legally described property, namely: Lot A and Lot 1 of Asbury Plaza No. 21, all within the town of Dubuque, Iowa, according to the registered dish thereof. Section 2. Attached and forming part of this zoning reclassification approval is Schedule A which contains a zoning designation map for Asbury Business Park including the previously approved Concept Development Plan for PC planned commercial zoning area. Also attached is Exhibit B which contains a concept layout plan for the area to be rezoned PR Planned Residential. It is recognized that minor changes or modifications to the conceptual development plans may be necessary and consistent with the need to acquire usable street layouts, grades and building sites. Concept presentations, including requirements, should be used as an implementation guide. Section 3. Pursuant to Iowa Code Section 414.5 and as an express condition of this zoning reclassification, the undersigned Owner(s) agree(s) to the following terms, upon which Owner further agrees that they are reasonable and imposed to meet the public needs that are directly caused by this zoning reclassification. A.Definitions [For purposes of this Ordinance, the following terms shall have specific meaning. Full text is on file in the Office of the City Clerk.] 1. Building Related Features 2. Vehicle Related Features 3. Open Space Features B. Use Regulations: The following regulations apply to all land uses within Area A of the PUD District described above: Designation planned commercial zoning PC Main authorized uses will be limited to: a. Retail sales/services b. General Office c. Interior restaurant d. Drive-in/take-out restaurant e. gas station f. Banking/savings and loans and credit unions g. Indoor recreation h. Private schools i. Self-service car wash j. Full service car wash k. Outdoor recreation l. Automotive Sales and Service m. Automotive service centers n. Auto repair/body shop o. Motorcycle sales/service p. Sale/maintenance/repair of trucks q. Sale/service of recreational vehicles r. Business Services a. Office supplies t. Lumberyards/sale of building materials u. Building supplies, sales and service v. Moving/Storage Facilities w. Contractor’s workshop/yard x. Wholesale/distributor y. Warehousing and storage facilities z. Cargo transfer facilities aa. Sale of baby farm supplies. Mini-warehouse cc. Processing or assembly dd. Landscaping services (not including retail sales as a primary use) ee. Licensed child care center Accessory uses is limited to any use that is usually incidental and subordinate to the main use for which it is used. Temporary uses shall be limited to any use listed as a permitted use in the Limited Time PUD District, as set forth in Section 3-19 and as defined in Chapter 3 of the Unified Development Code. Zone B: Intended Residential Zoning Designation PR Authorised capital Uses should be limited to: a. Multi-family residential dwelling b. Storage/Mini-storage associated with multi-family residential use only c. Private clubhouse with recreational activities including a swimming pool, dog park, park/recreational playground and open space, all specifically associated with multi-family residential use only. Accessory uses is limited to any use that is usually incidental and subordinate to the main use for which it is used. Temporary uses shall be limited to any use listed as a permitted use in the Limited Time PUD District, as set forth in Section 3-19 and as defined in Chapter 3 of the Unified Development Code. [For purposes of this Ordinance, the following terms shall have specific meaning. Full text is on file in the Office of the City Clerk.] VS Batch and Bulk Regulations D. Parking and Loading Regulations E. Landscaping regulations f. Site lighting G. Signs Regulations H Performance standards I. Utility locations J Outdoor waste collection areas K Other codes and regulations 1. Outdoor sales are regulated through the Temporary Use Permit process. 2. The use of semi-trailers and shipping containers for storage is prohibited. 3. Operations in Enclosed Buildings: All operations and activities must be conducted in completely enclosed buildings, except: (1) off-street parking and loading; and (2) recreational facilities. 4. These Bylaws do not exempt the Owner from other applicable municipal, county, state or federal codes, regulations, laws or other controls relating to the planning, construction, operation and management of the property in the city of Dubuque. L Prescription history 1. Command. 25-05: Establishment of a planned unit development for the southern portion of Asbury Plaza Business Park 2. Ord. 44-06: Establishment of a planned unit development for the northern portion of the Asbury Plaza M. Transfer of ownership The transfer of ownership or the rental of a property in this PUD District will include in the transfer or lease contract a stipulation of which the purchaser or the lessee acknowledges having read and undertakes to respect the conditions authorizing the establishment of the PUD district. NOT Amendments Any changes to this Ordinance must be approved by the City Council in accordance with the rezoning procedure of Article 9-5 of the Unified Development Code. O. Registration A copy of this order shall be registered at the expense of the owner(s) with the Dubuque County Registrar as a permanent record of the terms accepted under this reclassification approval within 10 days of the passing of this order. This order binds the undersigned and his heirs, successors and assigns. Section 4. The foregoing amendment has been considered by the Zoning Advisory Board for the City of Dubuque, Iowa. Section 5. This Ordinance comes into force upon its publication, in accordance with the law. Passed, approved and passed this October 17, 2022. /s/Brad M. Cavanagh, Mayor Attestation: /s/Adrienne N. Breitfelder, City Clerk Officially published in the Telegraph Herald newspaper on October 21, 2022 /s/Adrienne N. Breitfelder, Clerk 1t 10/21