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