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Zoning Text Amend SW ArterialCity Hall (563) 589-4210 office (563) 5594221 fax planning@cityofdubuque.org January 10, 2003 The Honorable Mayor and City Council Members City of Dubuque City Hall - 50 W. 13th Street Dubuque IA 52001 RE: Text Amendment Applicant: City of Dubuque/Iowa Department of Transportation (IDOT) Description: To amend Sections 6-1.5.5 and 4-2.2 of the Zoning Ordinance and Section 42-16 of the Subdivision Regulations regarding a development moratorium 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 City staff spoke in favor of the request of the City of Dubuque and IDOT to extend the development moratorium for the Southwest Arterial Corridor. The Zoning Advisory Commission discussed the request, noting that the moratorium is part of the ongoing process to improve U.S. Highway 20 and construct the Southwest Artedal. Recommendation By a vote of 6 to 1, 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 Service People Integrity Respon~bil/ty I~movafion Teamwork City of Dubuque Planning Services Department Dubuque, IA 5:2001-4864 Phone: 563-S89M210 Fax: 563-589-4221 PLANNING APPLICATION FORM [] Variance r-IConditional Use Perm'~ i--~Appeal []Spedal Exception FIumited Setback Waiver [-(Rezoning r-]Planned Distdct []Preliminary Plat r~Hinor Rnal Plat []Text Amendment []Simple Site Plan E]Ninor Site Plan [] Hajor Site Plan [] Najor Final Plat []Simple Subdivision •Annexation OTemporer~ Use Permit []Certificate of' Economic Non-Viability []Certificate of Appropriateness []Other: Please true or print leeiblv in ink Property owner(s): Vadous Phone: Address: C~y: State: zip: Fax Number: Mobile/Cellular Number: Applicant/Agent: Ob/ of Dubuoue/Iowa Denarb"nentofTransDorta~on Phone: ¢563/589-~210 Address: atv Hall. 50 W. 13m St. Oty: Dubuque StYe: IA Zip 52001 Fax Number: (563)589-~221 Mobile/Cellular Number: Site location/address: Prooosed Southwest Arterial Corridor ExisUng zoning: C-3/AG Proposed zoning: C-3/AG Historic District: N/A Landmark: N/A Legal DescripUon (Sidwefl parcel ID~ or lot number/block numher/subdMsion): N/A Total pmparty (lot) area (square feet or acres): Describe proposal and reason necessary (attach a letter of explanation, if needed): To amend SecUons 6-1.5.5 and 4.4.2 of the Zonir~ Ordinance and Section 42-16 of the Subdivision Regulations to extend the duration of the develoument moratorium for the or•Dosed Southwest Arterial Cerddor (see attached mao'~ CERTZF[CAT[ON: T/we, the undersigned, do hereby certify that: 1. The informaUon submit'l~d herein is true and correct to the best of my/our knowledge and upon submittal becomes public record; 2. Fees are not refundable and payment does not guarantee approval; and 3. All additional required written and graphic matadals are attached. Property Owner(,): /~/~, ~,~1,~'/~.~ Date:~//~)/~ Applicant/Agent: - Date: ~ FOR OFFICE USE QNLY-_ ABPLICATION SUBMITrAL CHECKLIST [~Design review projec~ descfip~on r'~Floor plan OPlat r-~o~her: CITY OF DUBUQUE, IOWA MEMORANDUM March 5, 2003 TO:Zoning Advisory Commission FROM:Laura Carstens, Planning Services Manager RE:Development Moratorium for the Southwest Arterial Corridor INTRODUCTION This memo transmits a request by the City of Dubuque and the Iowa Department of Transportation to extend the development moratorium in the Southwest Arterial Corridor. Attached to this memo is a map showing the moratorium area, which has not changed since the previous request. BACKGROUND The City of Dubuque enacted similar moratoriums along US 61/151 and US 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 3ulien Dubuque Bridge for the US 20 Mississippi River Crossing Study. The City also has enacted moratoriums for City planning studies, such as the land use planning study for Dodge Street in 1998. DISCUSSTON The City of Dubuque and the IDOT are engaged in a study of the Southwest Arterial Corridor, which will include the determination of a preferred alignment. Without a moratorium, development could occur in the Southwest Arterial Corridor that might be incompatible with the future alignment of the highway. To avoid this situation, the City of Dubuque established a development moratorium for the Southwest Arterial Corridor. To extend this development 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 amendments to the Zoning Ordinance and the Subdivision Ordinance are attached for your consideration. Zoning Advisory Commission March 5, 2003 Page 2 The text amendment to the Zoning Ordinance affects two sections. Section 6- 1.5.5 refers to rezonings in the Southwest Arterial Corridor Moratorium area. Section 44.2 refers to site plans in the moratorium area. 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 refers to the Southwest Artedal Corddor 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. RECOHMENDATZON Staff recommends that the Zoning Advisory Commission approve the text amendments to the Zoning Ordinance for rezonings and site plans, and to the SubdMsion Ordinance for subdMsions, to extend the development moratorium in the Southwest Arterial Corridor to May 1, 2004. Attachments: Maps- Proposed Moratorium IDOT Letter Ordinance Amendments Cc Fred Dean, IDOT TransportaUon Planner Michael Koch, Public Works Director Bill Baum, Economic Development Director /km Iowa Department of Transportation District 6 Office 319-364-0235 430 Sixteenth Avenue SW FAX: 319-364-9614 P.O. Box 3150 Cedar Rapids, IA 52406-3150 March 7, 2003 Ref:NHS-20-9(121)--19-31 Dubuque County Michael Van Milligen City Manager 50 West 13th Street Dubuque, IA 52001 SUBJECT: U.S. 20 Capacity Study Dear Mike: I would like to request City Council approval to extend the present development moratorium in the area of the proposed intemhange at U.S. 20 and Seippel Road for another twelve month period effective May 1, 2003. The moratorium area also falls within the present Southwest Arterial project study area. The project consultant has been asked to review and update as needed the diagram showing the area to be covered by the moratorium based on interchange concept alternatives still under consideration at this time. Upon receipt, the diagram will be provided to you. If you require any additional information, please contact me at the above listed phone number. Very truly yours, Richard E. Kautz, P.E. District Engineer REX/ih cc: Rich Russell, Building Services, City of Dubuque Michael A. Koch, P.E., Dubuque Public Works Director/City Engineer Laura Carstens, Dubuque Planning Services Manager Fred Dean, District Transportation Planner, Iowa DOT, Davenport, IA 52809 Art Gourley, P.E., Area Engineer, Iowa DOT, Dyersville, IA 52040 Catherine Cutler, Field Service Coordinator, Iowa DOT, Cedar Rapids, IA 52406-3150 Brad Hofer, P.E., Office of Location & Environment, Iowa DOT, Ames, IA 50010 Will Sharp, HDR Engineering, Omaha, NE 68114-4098 Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13TM St. Telephone: 589-4210 ORDINANCE NO. 33-03 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 EXTEND A MORATORIUM FOR SITE PLAN AND REZONING APPLICATIONS IN THE IOWA 32 (SOU'i'HWEST ARTERIAL) CORRIDOR. Whereas, the Iowa Department of Transportation (IDOT) and the City of Dubuque are engaged in a study of the Iowa 32 (Southwest Arterial) Corridor, which will include the determination of a preferred alignment; and Whereas, the City of Dubuque and the IDOT desire to minimize potential development conflicts dudng this study by extending the development moratorium for the Iowa 32 (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 Cede 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 Iowa 32 (Southwest ArteriaO Corridor. The City Planner shall not issue conditional or final approval for any site plan filed for property in the Iowa 32 (Southwest Arterial) Corridor that lies within the corporate limits of the City of Dubuque, as delineated on the attached drawing, from the effective date of this Section to May 1, 2004, 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. (B) 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. (C) Development Activities Subject to Site Plan Review: Ordinance No. 33- 03 Page 2 (C) 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 6-1.5.5 Moratorium B for rezonings in the Iowa 32 (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 (rezoning) request for property in the 32 (Southwest Arterial) Corddor that lies within the corporate limits of the City of Dubuque, as delineated on the attached drawing, from the effective date of this Section to May 1, 2004, 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. Section 3. This Ordinance shall take effect upon publication, as provided by law. Passed, approved and adopted this 21st day of April 2003. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Prepared by: Laura Carstens, City Planner Address: Cib/Hall, 50 W. 13m St_, Dubuaue, IA Telephone: 589-4210 ORDINANCE NO. 34-03 AN ORDINANCE AMENDING CHAPTER 42 (SUBDIVISION REGULATIONS) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY AMENDING SECTION 42-16, TO EXTEND A MORATORIUM FOR SUBDIVISION PLATS IN THE IOWA 32 (SOUTHWEST~ARTERIAL) CORRIDOR. Whereas, the Iowa Department of Transportation (IDOT) and the City of Dubuque are engaged in a study of the Iowa 32 (Southwest Arterial) Corridor, which will include the determination of a preferred alignment; and Whereas, the City of Dubuque and the IDOT desire to minimize potential development conflicts during this study by extending the development moratorium for the Iowa 32 (Southwest Arterial) Corridor. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF DUBUQUE, IOWA: Section 1. Chapter 42 (Subdivision Regulations) of the City of Dubuque Code of Ordinances is hereby amended by amending Section 42-16 as follows: Section 42-16. Iowa 32 (Southwest Arterial) Corridor Review: No plat for any subdivision or resubdivision of property in the Iowa 32 (Southwest Arterial) Corridor, as delineated on the attached drawing, shall be approved by the City Council, Zoning Advisory Commission or City Planner from the effective date of this Section to May 1, 2004, 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 t~is Section. Section 2. This Ordinance shall take effect upon publication, as provided by law. Passed, approved and adopted this 21st day of April 2003. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk