SW Art Corridor Dev Moratorium(563) 589-¢210 office
(563) 5s9422~ fax
planning@dtyofdnbuque.org
November 13, 2001
The Honorable Mayor and CRy Council Members
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque IA 52001
RE: Text Amendment
Applicant: Iowa Department of Transportation/City of Dubuque
Description: To amend Section 6-1.5.5 and 4-4.2 of the Zoning Ordinance and Section 42-16
of the Subdivision Regulations regarding a development mortorium in the
proposed Southwest Arterial Corridor.
Dear Mayor and City Council Members:
The City of Dubuque Zoning Advisory Commission has reviewed the above-cited request. The
application, staff report and related materials are attached for your review.
Discussion
Staff reviewed the request by IDOT to extend the moratorium on development for another year
and expand the area included in the moratorium. The IDOT was not represented at the public
hearing.
There were several people who spoke in opposition to extending the moratorium because the
project has been delayed, and the moratorium does not allow them to sell or improve their
properties.
The Zoning Advisory Commission discussed the request, noting that the current moratorium will
expire if they did not send a recommendation to the City Council. The Commission noted that
they have not received any information on a change in the status of the Southwest Artedal
Project. The Commissioners sympathized with the situation the property owners find
themselves in; however, they did not feel they had adequate information to deny IDOT's
request. They discussed that the alternative is to allow the City Council to review this request
as they are more involved in transportation planning with the IDOT than the Commission.
Recommendation
By a vote of 5-2, the Zoning Advisory Commission recommends that the City Council approve
the request.
A simple majority vote is needed for the City Council to approve the request.
Respectfully submitted,
Eugene Bird, Jr., Chairperson
Zoning Advisory Commission
Attachments
Iowa Department of Transportation
P.O. Box 2646, Davenport, IA 52809 319-391-2167
Fax: 319-388-9266
E-mail: Frederick~Dean~dot. state.i~us
September 21, 2001
Ref. No. STP-32-1(10)~2C-31
Dubuque County
City of Dubuque
Laura Carstens
Planning Services Manager
City of Dubuque
50 West 13t~ Street
Dubuque, IA 52001 4864
Dear Laura:
This letter is in regard to requesting an extension of the Southwest Arterial Development
Moratorium (US 20/Seippel Road), which expires as of November 29, 2001 for an additional one-
year period. Per an email dated August 21, 2001, you have asked for the request to be submitted
by or before October 1, 2001 so as to provide you with sufficient time to process through the
Zoning Advisory Commission and the City Council prior to the enrrem expiration date.
The moratorium area (Enclosure #1 ) has been enlarged principally in the area south and west of
Seippel Road and Cousins Road. This change in area of coverage is largely the result of input
received by property owners in the area to the interchange, frontage and backage roads concept
configurations still under consideration in conjunction with the Southwest Arterial project. A copy
ofprescntly approved moratorium area (Enclosure #2) has been included for comparative
purposes.
In regards to the schedule for completing the study, at this time it is undergoing some revision.
This has been necessitated because of the large number of archeological sites requiting Phase II
testing, and the complex 4(f) issues related to the potential lead mining historic district in the
project study arem In spite of these issues, we are at this time confident the study and amended
environmental assessment will he completed before the requested extension period (November
2002) expires.
If you require any additional material or further explanation in support of this request, please
advise.
Fred Dean
District 6
FWD:fwd
Enclosures
Cc: Richard Kautz, District 6 Engineer, Cedar Rapids
Tamara Nicholson, Office of Corridor Development, Ames
Art Gourley, Area StaffEngineer, Dyersville
Will Sharp, HDR Engineering, Omaha, NE
City of Dubuque
Planning Services Deparl~nent
Dubuque, I~ 52001-z~64
Phone: 563-589-4210
Fax: 563-589-422!
PLANNZNG APPLZCATZON FORM
~ Variance
~ Conditional Use Permit
[] Spedal Exception
[] Umitnd Setback Waiver
[] Rezoning
[] Planned Dis~ict
[] Preliminary Plat
[] Minor Rnal Plat
~ Text Amendment
[] Simple Site Plan
[] Minor Site Plan
[] Major Site Plan
[] Major Final Plat
[] Simple Subdivision
[] Annexation
[] Temporary Use Permit
[] Certificate of Economic Hardship
[] Certificate of Appropriateness
Please tv~e or orint leaiblv in ink
Propertyowner(s):
Address: City:
State:__Zip:.
Fax Number:
Mobile/Cellular Number:
/ oplicant/Agent: City of Dubuaue
Phone: (563 589-4210
Address: Cib/Hall - 50 W. 13~ Street
Ob/: Dubuoue State: IA Zip: 52001
Fax Number: (563)589-4221
Mobile/Cellular Number:
location/address: N/A
E~dsting zoning: C-3/AG Proposed zoning: C-3/AG Historic District: N/A Landmark; N/A
Legal Description (Sidwell parcel ID# or lot numher/block number/subdMsion): N/A
Total property (lot) area (square feet or acres): N/A Number of Lots: N/A
Describe proposal and reason necessary (attach a letter of explanation, if needed): To amend Sections
6-1.55 and ~4.2 of the Zonino O~clinance and SecUon 42-16 of the subdivisiOn Reeulations to exoand
and extend the duraUon of the develooment moratorium for the OmDOSed Southwest Arterial Corridor
CER'I'[~CATJON: ~, the undersigned, do hereby certifi/that:
1, The information submiti~d herein is true and correct to the best of my/our knowledge and upon
submittal becemes public record;
2. Fees am not refundable and payment does not guarantee approval; and
3. NI additional required written and graphic materials are attached.
Property Owner(s):
Applicant/Agent:,
[] ,~:e/sketch plan [] c. on~l D~v~-~t Plan QPheto U Plat:
[] Improvement plans [~ Design review projec~ description [] Floor plan r~ O'd~r:
CITY OF DUBUQUE, IOWA
MEMORANDUM
October 30, 2001
TO:
FROM:
SUBJECT:
Zoning Advisory Commission
Kyle L. Kritz, Associate Planner
Development Moratorium for the Southwest Arterial Corridor
INTRODUCTION
This memo transmits a request by the Iowa Department of Transportation to extend the
existing 12-month development moratorium in the Southwest Arterial Corridor for an
additional 12 months and to enlarge the moratorium area as shown on the attached
map. The IDOT is continuing to study this corridor to examine interchange alternatives
and environmental impacts. A letter from Fred Dean of the IDOT is attached that
explains the need for extending and enlarging the moratorium area.
BACKGROUND
The City of Dubuque enacted similar moratoriums along U.S. 61/151 and U.S. 20
(Dodge Street) during the 1990s at the request of the IDOT relative to freeway
construction. The City currently has a building permit moratorium in place at the Julian
Dubuque Bridge for the U.S. 20 Mississippi River Crossing Study, again at the request
of the IDOT. The City also has enacted moratoriums for City planning studies, such as
the land use planning study for Dodge Street in 1998.
DISCUSSION
Without a moratorium, development could occur in the Southwest Arterial Corddor that
might be incompatible with the future alignment of the highway. To avoid this situation,
the IDOT requested that the City of Dubuque establish a 12-month moratorium for the
Southwest Arterial Corridor in November 2000. Extension of a moratorium would allow
time for the IDOT to complete the Southwest Arterial Corridor Study.
To extend this moratorium, the City Council must approve an amendment to the Zoning
Ordinance for rezonings and site plans, and an amendment to the Subdivision
Ordinance for subdivisions. (The City Council also must approve an amendment to the
Building Code for building permits, which the Zoning Advisory Commission does not
have to review.) The amendments to the Zoning Ordinance and the Subdivision
Ordinance are attached for your consideration. A map of the existing moratorium area
Development Moratorium for the Southwest Arterial Corridor
October 30, 2001
Page 2
and proposed enlarged area is also attached.
The text amendment to the Zoning Ordinance affects two sections. Section 6-1.5.5 is
the 1991 amendment that created an IDOT review period for rezonings in the U.S. 20
(Dodge Street) corridor, from Bluff Street to Devon Drive. This section would be
replaced with new language referring to the Southwest Arterial Corridor moratorium;
Section 4-4.2 refers to the application process for site plans. The section would be
amended to include new language about the moratorium. This text amendment for
these two sections would apply only to that portion of the moratorium area that lies
within the city limits.
The text amendment to the Subdivision Ordinance affects Section 42-16, which created
an IDOT review period for subdivisions in the U.S. 20 (Dodge Street) Corridor, from
Bluff Street to Devon Drive, from 1991-1994. This section would be replaced with new
language referring to the Southwest Arterial Corridor moratorium. This section would
apply to the entire moratorium area because the City reviews subdivisions in the city
and within two miles of the city limits.
RECOMMENDATION
Staff recommends that the Zoning Advisory Commission approve the text amendments
to the Zoning Ordinance for rezonings and site plans, and to the Subdivision Ordinance
for subdivisions, to allow for an additional 12-month development moratorium in the
Southwest Artedal Corridor.
KLK/mkr
Attachments: Maps - Existing Moratorium and Proposed Moratorium
IDOT Letter
Ordinance
Prepared by: Laura Carstens. City Planner Address: City HaH. 50 W. t3~ St., Dubtmue. IA Telephone: 589-4210
ORDINANCE NO. 71-01
AN ORDINANCE AMENDING CHAPTER 42 (SUBDIVISION REGULATIONS) OF THE
CITY OF DUBUQUE CODE OF ORDINANCES BY AMENDING SECTION 42-16, TO
ESTABLISH A MORATORIUM FOR SUBDIVISION PLATS IN THE SOUTHWEST
ARTERIAL CORRIDOR.
Whereas, the Iowa Department of Transportation (IDOT) is engaged in a study of the
Southwest Arterial Corridor, which will include the determination of a preferred alignment; and
Whereas, the IDOT has requested that the City of Dubuque extend and enlarge the
development moratorium for the Southwest Arterial Corridor for an additional 3 months; and
Whereas, the City of Dubuque desires to minimize potential development conflicts
during this study by enacting an additional 3-month development moratorium for the
Southwest Arterial Corridor.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF DUBUQUE,
IOWA:
Section 1. Chapter 42 (Subdivision Regulations) ofthe City of Dubuque Code of
Ordinances is hereby amended by amending Section 42-16 as follows:
Section 42-16. Southwest Arterial Corridor Review:
No plat for any subdivision or resubdivision of property in the Southwest Arterial
Corridor, as delineated on the attached drawing, shall be approved by the City Council,
Zoning Advisory Commission or City Planner during the three-month period from the
effective date of this Section, except where a vested right to the issuance of such
approval accrued to any person, firm or corporation as a matter of law prior to the
effective date of this Section.
Attest:
Section 2. This Ordinance shall take effect upon publication, as provided by law.
Passed, approved and adopted this 19th day of November, 2001.
/s/ Terrance M. Duggan, Mayor
/s/ Jeanne F. Schneider, City Clerk
Prepared by: Laura Caretens, City Planner Address: City Hall~ 50 W. 13~ St. Telephone: 589-4210
ORDINANCE NO. 72-01
AN ORDINANCE AMENDING APPENDIX A (ZONING ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY AMENDING SECTION 4-4.2 REGARDING
SITE PLANS, AND BY AMENDING SECTION 6-1-5.5 REGARDING REZONINGS, TO
ESTABLISH A MORATORIUM FOR SITE PLAN AND REZONING APPLICATIONS IN
THE SOUTHWEST ARTERIAL CORRIDOR.
Whereas, the Iowa Department of Transportation (IDOT) is engaged in a study of the
Southwest Arterial Corridor, which will include the determination of a preferred alignment; and
Whereas, the IDOT has requested that the City of Dubuque extend and enlarge the
development moratorium for the Southwest Arterial Corridor for an additional 3 months; and
Whereas, the City of Dubuque desires to minimize potential development conflicts
during this study by enacting an additional three-month development moratorium for the
Southwest Arterial Corridor.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF DUBUQUE,
IOWA:
Section 1. Appendix A (Zoning Ordinance) of the City of Dubuque Code of Ordinances
is hereby amended by amending Section 4-4.2 as follows:
Section 4-4.2. Application and Scope.
Moratorium B for site plans in the Southwest Arterial Corridor.
The City Planner shall not issue conditional or final approval for any site plan filed for
property in the Southwest Arterial Corridor that lies within the corporate limits of the City
of Dubuque, as delineated on the attached drawing, during the three-month period from
the effective date of this Section, except where a vested right to the issuance of such
approval accrued to any person, firm or corporation as a matter of law prior to the
effective date of this Section.
Application and Scope of Site Plan Review and Approval
No building permit or occupancy permit shall be issued, and no construction, grading or
other land development activity listed below may be commenced on property unless a
site plan has been submitted and approved for such activity as set forth in this Section.
Development activities subject to the requirements of this Section may hereafter be
carried out only in substantial conformance with the approved site plan and
any conditions or restrictions attached thereto. Any substantial deviation from the
approved site plan, unless approved in advance by the City Planner, shall be deemed a
violation of this Ordinance.
Ordinance No. - 01
Page 2
Development activities subject to site plan review:
(1)
Construction or expansion of any building, structure or freestanding sign except
single-family detached dwellings, duplexes and townhouses of not more than two
(2) units and permitted accessory structures to a single-family dwelling or duplex,
however, driveways to said single-family and duplex dwellings shall be paved with
a hard surface.
(2)
Any change, alteration or modification in a structure or use which would require
the provision of additional off-street parking spaces, additional lot area, or other
substantial change in zoning requirements applicable to such structure or use.
(3) The construction or creation of any parking lot or the expansion of any existing
parking lot.
Section 2. Appendix A (Zoning Ordinance) of the City of Dubuque Code of Ordinances
is hereby amended by amending Section 6-1.5.5 as follows:
Section 6-~.5.5 Moratorium B for rezonings in the Southwest Arterial Corridor
In addition to the requirements of subsection 6-1.5 of this Section, the City Council shall
not give final approval to any reclassification (razoning) request for property in the
Southwest Arterial Corridor that lies within the corporate limits of the City of Dubuque,
as delineated on the attached drawing, dudng the three-month period from the effective
date of this Section, except where a vested dght to the issuance of such approval
accrued to any person, firm or corporation as a matter of law prior to the effective date
of this Section.
Section 3. This Ordinance shall take effect upon publication, as provided by law.
Passed, approved and adopted this 19th day of November, 2001.
Attest:
/s/ Terrance M. Duggan, Mayor
/s/ Jeanne F. Schneider', City Clerk