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Text amendment to UDC Articles to remove references to Southwest Arterial Corridor Moratoriums and Subdivision Review_Hearing Copyrighted April 19, 2021 City of Dubuque Public Hearings # 7. City Council Meeting ITEM TITLE: Text amendment to Articles 16-9-5-3: City Council Action, 16-11-2 Applicability and 16-13-2 Applicability of the Unified Development Code to remove references to Southwest Arterial Corridor Moratoriums and Subdivision Review SUM MARY: Proof of publication on notice of public hearing to consider a request from the City of Dubuque to amend the Unified Development Code to remove references to the Southwest Arterial Moratoriums, and Zoning Advisory Commission recommending approval. ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, byAmending 16-9-5-3: City Council Action, 16-11-2:Applicability and 16-13-2:Applicability to remove references to Southwest Arterial Moratoriums and Subdivision Review SUGGESTED Suggested Disposition: Receive and File; Motion B; MotionA DISPOSITION: ATTACHMENTS: Description Type Zoning Advisory Commission Ltr to Council Staff Memo Text Amendment Memo Staff Memo Ordinance Ordinance Application Supporting Documentation Suggested Motion Wording Supporting Documentation Planning Services Department Dubuque City Hall THE CITY OF � 50 West 13t"Street �I;M�n,� Dubuque,IA 52001-4864 ��� � 1 I (563)589-4210 phone , I I I (563)589-4221fax (563)690-6678 TDD �VlasteYpiece on the Mississippi 2017+2019 planning@cityofdubuque.org April 12, 2021 The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 13t" Street Dubuque IA 52001 Applicant: City of Dubuque. Description: Text amendment to Articles 16-9-5-3: City Council Action, 16-11-2 Applicability and 16-13-2 Applicability of the Unified Development Code to remove references to Southwest Arterial Corridor Moratoriums and Subdivision Review 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 Planning staff said that the request is to amend the Unified Development Code to remove references to the Southwest Arterial Moritoriums that were established to control development around the Southwest Arterial Corridor, as they are no longer necessary now that the highway project is completed. Recommendation By a vote of 7 to 0, 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, C� Martha Christ, Vice Chairperson Zoning Advisory Commission Attachments Service People Integrity Responsibility Innovation Teamwark Dubuque THE CITY OF �+ All•pmaeiea 6i� ��� Ju� VQIi YiAL�i��h- -.M iF 1 � I I��' � � Maste iece on the Mississi 1 zao��zoiztzois � pp zo��*zoig March 22, 2021 TO: Zoning Advisory Commission FROM: Wally Wernimont, Planning Services Manage SUBJECT: Text amendment to Articles 16-9-5-3: City Council Action, 16-11-2 Applicability and 16-13-2 Applicability of the Unified Development Code to remove references to Southwest Arterial Corridor Moratoriums and Subdivision Review. INTRODUCTION With the completion of the Southwest Arterial (US 52), moratoriums that have been established to control development in the Southwest Arterial Corridor are no longer necessary. DISCUSSION The City of Dubuque and lowa Department of Transportation (IDOT) engaged in a study of the Southwest Arterial Corridor, which included right-of-way acquisition for a preferred alignment. To ensure that development that could occur in the Southwest Arterial Corridor would be compatible with the future alignment of the highway, development moratoriums were established. Title 16 Unified Development Code of the City Code of Ordinances was amended to establish moratoriums on site plans and rezonings. In addition, subdivisions in the Southwest Arterial Corridor were required to be reviewed by the City Council. With the completion of the 6.1 mile, four-lane divided highway, these moratoriums and subdivision review requirements are no longer necessary. RECOMMENDATION Planning staff recommends that Articles 16-9-5-3: City Council Action, 16-11-2 Applicability and 16-13-2 Applicability of the Unified Development Code be amended to remove references to Southwest Arterial Corridor Moratoriums and Subdivision Review. Planning staff requests that the Zoning Advisory Commission review the proposed text amendments and make a recommendation to the City Council. Prepared by: Wally Wernimont, City Planner Address: City Hall, 50 W. 13th St Telephone: 563-589-4210 Return to: Adrienne N. Breitfelder, City Clerk Address: City Hall, 50 W. 13th St Telephone: 563-589-4121 ORDINANCE NO. 11-21 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY AMENDING 16-9-5-3: CITY COUNCIL ACTION, 16-11-2: APPLICABILITY AND 16-13-2: APPLICABILITY TO REMOVE REFERENCES TO SOUTHWEST ARTERIAL MORATORIUMS AND SUBDIVISION REVIEW. Whereas, the Iowa Department of Transportation (IDOT) and the City of Dubuque established Southwest Arterial Corridor Moratoriums to minimize potential conflicts with right-of-way acquisition and final design for preferred alignment, and Whereas, all right-of-way acquisition has been completed, and Whereas, the Southwest Arterial (US Hwy 52) has been constructed and is operational; and Whereas, the Southwest Arterial Corridor Moratoriums and Subdivision Review are no longer required. 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 16-9-5-3: City Council Action is hereby amended as follows: wrr WAVE ........ - . WI .. . . ._ ■ _. .. - AMP e- - -e - - - - .. Iffi .. _.. -- .. .. .. _ - - 72TAIM .:.�.�.�e� .-.:,:.Mr-IMM.e:..::.�:.� Section 2. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code Article 16-11-2: Applicability is hereby amended as follows: .. -- -. -- _ .. r . . . NO2r.72MCNIMM. . M. _ _ ■ - _ . Memo - ■ 1 . . ... .. . 11170. • r •. .. • . _ . I.r. . 1 • .. .• ..•. ..� r ..MaUr.�. • • ... �.•. - .._ .. . • . . • . _ • . . •• .r. ... •ums. • . • • . . r . • • u .. _ • . • • • • _ • • • • • r �. • • •.. . .ITIM,. • .. Section 3. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code Article 16-13-2: Applicability is hereby amended as follows: ._ _.. .. Section 4. The foregoing amendments have heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 5. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 19t" day of Apyil, 2021. '• • Attest: Adrienne N. Breitfelderv, City Clerk d( Dubuque THE CITY OF � City of Dubuque uFpmericaciry Planning Services Department DUB r-i' ��I I '�� Dubuque, IA 52001-4845 Phone: 563-589-4210 zoo��zoiz•zoi3 Fax: 563-589-4221 MIiStEY�'71ECB Ott t�12 M15S1SS7�'J�"11 2017�2019 planninoCalciNofdubuoue ora PLANNING APPLICATION FORM ❑Variance ❑Preliminary Plat ❑Simple Subdivision ❑Certificate of Appropriateness ❑Conditional Use Permit ❑Major Final Plat ❑�Te�Amendment ❑Advisory Design Review (Public Projects) ❑Appeal ❑Minor Final Plat ❑Temporary Use Permit ❑Certificate of Economic Non-Viability ❑Special Exception ❑Simple Site Plan ❑Annexation ❑Limited Setback Waiver ❑Historic Designation ❑Minor Site Plan ❑Historic Revolving Loan ❑Demolition ❑Rezoning/PUD/ID ❑Major Site Plan ❑Historic Housing Grant ❑Port of Dubuque/Chaplain Schmitt Island Design Review Please tvoe or orint leaiblv in ink Property owner(s): N�A Phone: Address: City: State: Zip: Fax#: Cell #; E-mail: APP���a�uA9e�t: Michael C. Van Milligen, City Manager Pnone: 563-589-4110 Address: 50 W. 13th Street ��� Dubuque state: �A Z�P; 52001 FaX#: ceu #: E-ma��: ctymgr@cityofdubuque.org site location address: N�'4 N/A / Neighborhood Association: Existing zoning: N�A Proposed zoning: N�A District: N�A Landmark: 0 Yes ❑� No Legal Description (Sidwell parcel ID# or lot number/block number/subdivision): N�A Total property Qot) area (square feet or acres): N�P` Describe proposal and reason necessary(attach a letter of explanation, if needed):TBXt all'1011dfT1011t t0 81'Tlefld Articles 16-9-5-3, 16-11-2, and 16-13-2 of the Unified Development Code to remove references to Southwest Arterial Corridor Moratoriums and Subdivision Review. 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. L 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�P` Date: Applicant/Agent: Date: MafCll 31, 2021 � . • FOR OFFICE USE ONLY—APPLICATION SUBMITTAL CHECKLIST Fee: N�'� Received by: Date: Docket: 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: 04/13/2021 and for which the charge is 34.56 Subscribed to before me, a Notary Public Wand for Dubuque County, Iowa, this 13th day of April, 2021 Notary Public in and for Dubuque County, Iowa. SH,A.R'O�NFWXELSOFRS114-0, 2M Ad text : CITY OF DUBUQUE, IOWA OFFICIAL NOTICE NOTICE is hereby given that the Dubuque City Council will conduct public hearings at a meeting to commence at 6:30 p.m. on Monday, April 19, 2021 conducted virtually on the following: Text Amendment Request by City of Dubuque for an Amendment to Articles 16-9-5-3: City Council Action, 16-11-2: Applicability and 16-13-2: Applicability of the Unified Development Code to remove references to Southwest Arterial Corridor Moratoriums and Subdivision Review. Planned Unit Development (PUD) Amendment Request by Conlon Construction to amend the Historic Millwork District Planned Unit Development to allow removal of the building behind 898 Jackson Street. Due to the ongoing COVID-19 pandemic, the City Council will meet virtually through GoToMeeting. The official agenda will be posted on Friday, April 16, 2021 and will contain listening, viewing, and public input options. The City Council agenda can be accessed at https://cityofdubuque.novusagenda.com/Agendapublic/ or by contacting the City Clerk's Office at 563-589-4100, ctyclerk@cityofdubuque.org. Copies of supporting documents for the public hearings are on file in the City Clerk's Office, City Hall, 50 W. 13th St., Dubuque, Iowa, and may be viewed during normal working hours. To comply with social distancing mandates, documents can be viewed at https://www.cityofdubuque.org/Agendas or by contacting the City Clerk's Office at 563-589-4100. Written comments regarding the above public hearings may be submitted to the City Clerk's Office, 50 W. 13th St., Dubuque, IA 52001, on or before said time of public hearing. At said time and place of public hearings all interested citizens and parties will be given an opportunity to be heard for or against said proposal. 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 4/13 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: 04/23/2021 and for which the charge is 83.13 Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this 26th day of April, 2021 Nota ublic in and for Dubuque County, Iowa. JANET K. PAPS C®mnm j,s.sio,n Number 199869 zaA— 1 q Comm. Exp, oEC 11, M22 Ad text : OFFICIAL PUBLICATION ORDINANCE NO. 11-21 AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY AMENDING 16-9-5-3: CITY COUNCIL ACTION, 16-11-2: APPLICABILITY AND 16-13-2: APPLICABILITY TO REMOVE REFERENCES TO SOUTHWEST ARTERIAL MORATORIUMS AND SUBDIVISION REVIEW. Whereas, the Iowa Department of Transportation (IDOT) and the City of Dubuque established Southwest Arterial Corridor Moratoriums to minimize potential conflicts with right-of-way acquisition and final design for preferred alignment, and Whereas, all right-of-way acquisition has been completed, and Whereas, the Southwest Arterial (US Hwy 52) has been constructed and is operational; and Whereas, the Southwest Arterial Corridor Moratoriums and Subdivision Review are no longer required. 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 16-9-5-3: City Council Action is hereby amended as follows: Section 9-5.3 D. Moratorium for Rezonings in the Southwest Arterial Corridor: The City Council may not give final approval to any zoning reclassification (rezoning) request for property in the Southwest Arterial Corridor that lies within the corporate limits of the City of Dubuque, as delineated on drawings on file in the City Clerk's Office, from the effective date of July 1, 2016, except where a vested right to the issuance of such approval accrued prior to the effective date hereof. Notwithstanding the foregoing, the City Council may approve a requested rezoning upon a determination that the proposed rezoning will not negatively impact the acquisition of right-of-way along the preferred alignment of the Southwest Arterial Corridor. The City Council shall also consider any recommendation from the Southwest Arterial Technical Committee regarding potential negative impacts, if any, that would result from approval of the requested rezoning and the subsequent development of the parcel(s). Section 2. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code Article 16-11-2: Applicability is hereby amended as follows: Section 11-2 C. Southwest Arterial Corridor Subdivision Review: A proposed plat that divides any parcel within the southwest arterial corridor into two (2) or more lots, and any preliminary plat within the southwest arterial corridor must be submitted to the city council for review. No plat for any subdivision or resubdivision of property in the southwest arterial corridor, as delineated on drawings on file in the city clerk's office, may be approved by the city council, from the effective date hereof to July 1, 2016, except for the property within the final plat of Siegert's Place Fifth Addition or where a vested right to the issuance of such approval accrued prior to the effective date hereof. Notwithstanding the foregoing, the city council may approve a proposed plat or preliminary plat upon a determination that the proposed subdivision will not negatively impact the acquisition of right of way along the preferred alignment of the southwest arterial corridor. The applicant shall provide the city council with a plat prepared by a licensed engineer or land surveyor that accurately depicts the parcel(s) to be subdivided and the location of the Iowa (southwest arterial) corridor boundaries. The city council shall also consider any recommendation from the southwest arterial technical committee regarding potential negative impacts, if any, that would result from approval of the proposed plat or preliminary plat and the subsequent development of the parcel(s). Section 3. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code Article 16-13-2: Applicability is hereby amended as follows:" 13-2 E. Moratorium for Site Plans in the Southwest Arterial Corridor. The city planner may 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 drawings on file in the city clerk's office, from the effective date hereof to July 1, 2016, except where a vested right to the issuance of such approval accrued prior to the effective date hereof. Notwithstanding the foregoing, the city council may approve a proposed site plan upon a determination that the proposed site plan will not negatively impact the acquisition of right of way along the preferred alignment of the southwest arterial corridor. The city council shall also consider any recommendation from the southwest arterial technical committee regarding potential negative impacts, if any, that would result from approval of the proposed site plan and subsequent development of the parcels. Section 4. The foregoing amendments have heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 5. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 19th day of April, 2021. /s/Roy D. Buol, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 23rd day of April, 2021. /s/Adrienne N. Breitfelder, City Clerk It 4/23