Amend the Unified Development Code (UDC) to omit specific requirements within Article 16-11-7(E)_HearingCity of Dubuque
City Council Meeting
Public Hearings # 02.
Copyrighted
September 19, 2022
ITEM TITLE: Amend the Unified Development Code (UDC) to omit specific
requirements within Article 16-11-7(E)
SUMMARY: Proof of publication on notice of public hearing to consider City Council
approval of a request from the City of Dubuque to amend the Unified
Development Code (UDC) to omit specific requirements within Article
16-11-7(E) in order to comply with a newly enacted State law - Senate
File 2285, and Zoning Advisory Commission recommending approval.
ORDINANCE Amending Title 16 of the City of Dubuque Code of
Ordinances, Unified Development Code, by amending Article 16-11-7(E)
Fringe Area Development Standards to remove the pre -annexation
agreement requirements
SUGGESTED Suggested Disposition: Receive and File; Motion B; Motion
DISPOSITION:
FIN ik[91:ILyil21zIII l+]
Description
Type
ZAC Letter
Staff Memo
Ordinance
Ordinance
Application
Supporting Documentation
Staff Report
Supporting Documentation
Planning Services Department
City Hall
50 West 13th Street
Dubuque, IA 52001-4864
(563) 589-4210 phone
(563) 589-4221 fax
(563) 690-6678 TDD
planning@cityofdubuque.org
THE CF
DIUj___B E
Masterpiece on the Mississippi
The Honorable Mayor and City Council Members
City of Dubuque
City Hall — 50 W. 131h Street
Dubuque IA 52001
Dubuque
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II
2007,2012.2013
2017*2019
September 9, 2022
Applicant: City of Dubuque
Description: Amend the Unified Development Code Unified Development Code (UDC)
to omit specific requirements within Article 16-11-7(E) in order to comply
with a newly enacted State law - Senate File 2285.
Dear Mayor and City Council Members:
The City of Dubuque Zoning Advisory Commission has reviewed the above -cited
request. The application, staff memo and related materials are attached for your
review.
Discussion
Planning Staff reviewed the proposed amendment to the Unified Development Code
(UDC) Section 16-11-7(E) Fringe Area Development Standards regarding pre -
annexation agreement requirements. Staff said the UDC currently requires a pre -
annexation agreement be signed as part of a subdivision review and approval. Staff
noted that the City of Dubuque is proposing this text amendment in order to comply with
the new state law that preempts cities from requiring pre -annexation agreements for any
subdivision of land. Staff said the City may still require pre -annexation agreements
when projects or properties sign development agreements or receive City services.
There was no public input.
Commissioners had no comments or questions.
Motion by Norton, seconded by Sempf, to approve the text amendment as submitted.
Motion carried by the following vote: Aye — Kemp, Norton, Russell, Sempf and
Mulligan; Nay — none.
Recommendation
By a vote of 5 to 0, the Zoning Advisory Commission recommends that the City Council
approve the text amendment request.
Service People Integrity Responsibility Innovation Teamwork
The Honorable Mayor and City Council Members
Page 2
A simple majority vote is needed for the City Council to approve the request.
Respectfully submitted,
Matthew Mulligan, Chairpe on
Zoning Advisory Com ' ' sion
Attachments
Service People Integrity Responsibility Innovation Teamwork
Prepared by: Wally Wernimont City Planner Address: City Hall, 50 W. 13th St Telephone: 563-589-4210
Return to: Adrienne Breitfelder, City Clerk Address: City Hall, 50 W. 131" St Telephone: 563-589-4121
ORDINANCE NO. 32-22
AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF
ORDINANCES, UNIFIED DEVELOPMENT CODE, BY AMENDING ARTICLE 16-11-7(E)
FRINGE AREA DEVELOPMENT STANDARDS TO REMOVE THE PRE -ANNEXATION
AGREEMENT REQUIREMENTS
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, Unified
Development Code Article 16-11-7(E), is hereby amended as follows:
E. Fringe Area Development Standards:
1. Fringe Area Subdivision Requirements:
a. All subdivisions must comply with this Chapter.
b. Each subdivision will be required to provide sufficient easements for the
extension of city water and sanitary sewer utility systems to serve each individual lot
within the subdivision.
c. Each major subdivision shall comply with the city of Dubuque sustainability
requirements for new subdivisions, including obtaining score of forty (40) points as
established in this chapter.
d. New streets that access city or county roadways must comply with SUDAS for
sight visibility as determined by the city engineer.
e. To facilitate planned and orderly growth, developers of major subdivisions must
provide a preliminary plat for the entire area anticipated to be developed as part of the
subdivision.
f. Subdivisions and developments which are approved prior to annexation shall
provide a mechanism for transfer of public right of way (ROW) ownership for county
roads to the city upon annexation.
g. Private roads and streets in subdivisions and developments that are not under
the county's ownership prior to annexation shall remain as private roads and streets
upon annexation to the city, unless and until such time as they are brought into
compliance with city standards and accepted by the city as public streets.
h. Developers shall be required to utilize stormwater management and erosion
control measures, and stormwater retention/detention facilities where appropriate in
accordance with applicable federal, state, county, and city laws, regulations and
policies.
2. Exception Of Specific Subdivision Requirements: The zoning advisory commission
and city council, when acting upon an application for preliminary or final subdivision
approval, has the power to grant such exceptions from the requirements of this chapter
for subdivision approval as may be reasonable and within the general purpose and intent
of the provision for subdivision review and approval of this chapter, if enforcement of one
or more provisions of this chapter are impracticable or will exact an undue hardship
because of unique conditions pertaining to the land in question. (Ord.
31-14, 4-21-2014)
Section 2. 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 19'h day of September 2022.
��
—.-M. CaWrfagh,
Attest:
ay�z� //, #��" -
Adrienne N. Breiffelder, City Clerk
THE CITY O
D U B�B' FE
Masterpiece on the Mississippi
Dubuque
2007.2012.2013
2017*2019
PLANNING APPLICATION FORM
❑Variance
❑Preliminary Plat
[—]Conditional Use Permit
❑Major Final Plat
❑Appeal
❑Minor Final Plat
❑Special Exception
❑Simple Site Plan
❑Limited Setback Waiver
[-]Minor Site Plan
❑Rezoning/PUD/ID
❑Major Site Plan
Please type or print legibly in in
Property owner(s): N/A
❑Simple Subdivision
❑■ Text Amendment
❑Temporary Use Permit
[—]Annexation
❑Historic Revolving Loan
❑Historic Housing Grant
City of Dubuque
Planning Services Department
Dubuque, IA 52001-4845
Phone: 563-589-4210
Fax: 563-589-4221
planning cityofdubuque.org
❑Certificate of Appropriateness
❑Advisory Design Review (Public Projects)
❑Certificate of Economic Non -Viability
❑Historic Designation
❑Demolition
❑Port of Dubuque /Chaplain Schmitt Island
Design Review
ne:
Address: City: State: Zip:
Fax #: Cell #: E-mail:
Applicant/Agent: Michael Van Mllllgen
ne: 563-589-4110
Address: City Hall - 50 W 13th St City: Dubuque State: IA Zip: 52001
Fax #: Cell #: E-mail:
Site location/address: N/A
borhood Association: N/A
Existing zoning: N/A Proposed zoning: N/A District:N/A V/~ Landmark: ❑ Yes ❑■ No
Legal Description (Sidwell parcel ID# or lot number/block number/subdivision): N/A
Total property (lot) area (square feet or acres). N/A
Describe proposal and reason necessary (attach a letter of explanation, if needed):
AMENDING UNIFIED DEVELOPMENT CODE ARTICLE 16-11-7(E): E. FRINGE AREA DEVELOPMENT
STANDARDS TO REMOVE THE ITEMS RELATED TO PRE -ANNEXATION AGREEMENT REQUIREMENTS
CERTIFICATION: I/we, the undersigned, do hereby certify/acknowledge that:
1. It is the property owner's responsibility to locate property lines and to review the abstract for easements and restrictive
covenants.
2. The information submitted herein is true and correct to the best of my/our knowledge and upon submittal becomes public
record;
3. Fees are not refundable and payment does not guarantee approval; and
4. All additional required written and graphic materials are attached.
Property Owner(s): N/A Date:
Applicant/Agent: L� Yw,, Date:
FOR OFFICE USE ONLY — APPLICATION SUBMITTAL CHECKLIST
September 2, 2022
Fee: Received by: Date: Docket:
THE C
DUUB-.'*-TE
Masterpiece on the Mississippi
TO: Zoning Advisory Commission
FROM: Travis Schrobilgen, Assistant Planner
SUBJECT: Pre -annexation Agreements for Subdivisions
Dubuque
AII•Ameriea City
Y,-0UIWI_OVM�I iF
2007•2012.2013
2017*2019
September 1, 2022
INTRODUCTION
This memo transmits an ordinance for a proposed Text Amendment to the Unified
Development Code (UDC) zoning regulations to omit specific requirements within Article
16-11-7(E) in order to comply with a newly enacted State law - Senate File 2285.
The UDC notes: "Text amendments are intended for wholesale changes to the zoning
regulations, as a means for the City to respond to changing conditions and emerging
trends in the community. Text amendments are not property specific."
BACKGROUND
Effective July 1, 2022, Governor Reynolds signed into law Senate File 2285. The new
law states,
"A city may request, but shall not require, from a property owner affected
by zoning regulations pursuant to this section the consent to annexation
under chapter 368 as a condition of receiving approval for a zoning
classification, special or conditional use, variance or division of land into
two or more tracts."
Dubuque County has an active zoning ordinance which prohibits the City of Dubuque
from having the authority to review rezonings, special exceptions, conditional uses, or
variances for projects located in the County, outside the City limits. However, the City
of Dubuque does retain the authority to review subdivisions of property within 2 miles of
the corporate limits. Historically, as part of these subdivision reviews, the City would
require property owners to sign a pre -annexation agreement. Senate File 2285 now
states that "a city may request, but shall not require" the consent to annexation as part
of it's review.
Pre -Annexation Requirements Memo
Page 2
DISCUSSION
The Unified Development Code Article 16-11-7(E) currently requires a pre -annexation
agreement be signed as part of a subdivision review and approval by the City Council
(or City Planner in case of a plat of survey or lot split).
Through Senate File 2285, the new law preempts the City of Dubuque from requiring a
pre -annexation agreement or consent to annexation for subdivision reviews. The City
can still require pre -annexation agreements for connection to City utilities or for projects
where there is a development agreement
RECOMMENDATION
In conclusion, in an effort to comply with the newly enacted State law, Planning staff
recommends that the UDC be amended by removing specific requirements within
Chapter 11-7 (E) pertaining to pre -annexation agreement requirements.
STATE OF IOWA SS:
DUBUQUE COUNTY
CERTIFICATE OF PUBLICATION
I, Kathy Goetzinger, 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:
09/09/2022
and for which the charge is 32.63
S scribed to be ore me, a Notary Pub 'c nand for
Dubuque County, Iowa,
this 9th day of September, 2022
Notary Plu
in and for Dubuque County, Iowa.
E1=1
Er 199559
11, 2022
Ad text : CITY OF DUBUQUE, IOWA
OFFICIAL NOTICE
PUBLIC NOTICE is hereby given that the Dubuque City Council
will conduct a public hearing on the 19th day of September
2022, at 6:30 p.m., in the Historic Federal Building, 350 W.
6th Street, 2nd floor, Dubuque, Iowa, on the following:
REZONING
Request from Interstate Power and Light Company, Mary
Montgomery, to rezone a portion of 4400 Asbury Road from PC
Planned Commercial to AG Agriculture.
TEXT AMENDMENT
Request from City of Dubuque to amend the Unified
Development Code Section 16-11-7(E) Fringe Area Development
Standards regarding pre -annexation agreement requirements.
At the meeting, the City Council will receive oral and
written comments from any resident or property owner of said
City to the above action. The official agenda will be posted
the Friday before the meeting and will contain public input
options. The City Council agenda can be accessed at
https://cityofdubuque.novusagenda.com/AgendaPublic/ or by
contacting the City Clerks Office at 563-589-4100,
ctyclerk@cityofdubuque.org.
Written comments regarding the above public hearings may be
submitted to the City Clerk's Office via email at
ctyclerk@cityofdubuque.org or by mail to City Clerk's Office,
City Hall, 50 W. 13th St., Dubuque, IA 52001, before said
time of public hearing. At said time and place of public
hearings the City Council will receive any written comments.
Copies of supporting documents for the public hearings are
on file in the City Clerk's Office and may be viewed Monday
through Friday between 8:00 a.m. and 5:00 p.m.
Individuals with limited English proficiency, vision,
hearing, or speech impairments requiring special assistance
should contact the City Clerk's Office at (563) 589-4100, TDD
(563) 690-6678, ctyclerk@cityofdubuque.org as soon as
feasible. Deaf or hard -of -hearing individuals can use Relay
Iowa by dialing 711 or (800) 735-2942.
Adrienne N. Breitfelder
City Clerk
It 9/9
STATE OF IOWA SS:
DUBUQUE COUNTY
CERTIFICATE OF PUBLICATION
I, Kathy Goetzinger, 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:
09/23/2022
and for which the charge is 41.61
Subscribed to be ore m ; a Notary Pu ' n and for
Dubuque County, Iowa,
this 23rd day of September, 2022
4'�� ]Qa,
Notary b 'c in and for Dubuque ub nty, Iowa.
me^i=si-uTn 4Ku.mPGAzPr E
519.59
C11, 202am-C m. p. 2
Ad text : OFFICIAL PUBLICATION
ORDINANCE NO. 32-22
AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE
OF ORDINANCE$, UNIFIED DEVELOPMENT CODE, BY AMENDING ARTICLE
16-11-7(E) FRINGE AREA DEVELOPMENT STANDARDS TO REMOVE THE
PRE -ANNEXATION AGREEMENT REQUIREMENT$
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, Unified Development Code Article 16-11-7(E), is
hereby amended as follows:
E.^Fringe Area Development Standards:
1. Fringe Area Subdivision Requirements:
a. ^All subdivisions must comply with this Chapter.
b. ^Each subdivision will be required to provide sufficient
easements for the extension of city water and sanitary sewer
utility systems to serve each individual lot within the
subdivision.
c. ^Each major subdivision shall comply with the city of
Dubuque sustainability requirements for new subdivisions,
including obtaining score of forty (40) points as established
in this chapter.
d. ^New streets that access city or county roadways must
comply with SUDAS for sight visibility as determined by the
city engineer.
e. ^To facilitate planned and orderly growth, developers of
major subdivisions must provide a preliminary plat for the
entire area anticipated to be developed as part of the
subdivision.
f. ^Subdivisions and developments which are approved prior to
annexation shall provide a mechanism for transfer of public
right of way (ROW) ownership for county roads to the city upon
annexation.
g.^Private roads and streets in subdivisions and
developments that are not under the county's ownership prior
to annexation shall remain as private roads and streets upon
annexation to the city, unless and until such time as they are
brought into compliance with city standards and accepted by
the city as public streets.
h.^Developers shall be required to utilize stormwater
management and erosion control measures, and stormwater
retention/detention facilities where appropriate in accordance
with applicable federal, state, county, and city laws,
regulations and policies.
2. Exception Of Specific Subdivision Requirements: The
zoning advisory commission and city council, when acting upon
an application for preliminary or final subdivision approval,
has the power to grant such exceptions from the requirements
of this chapter for subdivision approval as may be reasonable
and within the general purpose and intent of the provision for
subdivision review and approval of this chapter, if
enforcement of one or more provisions of this chapter are
impracticable or will exact an undue hardship because of
unique conditions pertaining to the land in question. (Ord.
31-14, 4-21-2014)
Section 2. ^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 19th day of September
2022.
/sBrad M. Cavanagh, Mayor
Attest: /s/Adrienne N. Breitfelder, City Clerk
Published officially in the Telegraph Herald newspaper on
the 23rd day of September, 2022.
/s/Adrienne N. Breitfelder, City Clerk
1 t 9/23