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