Zoning Text Am Site Plan reviewPlaxming Services Department
Ci~' Hall
50 West 13ffi S~reet
Dubuque, Iowa 52001-4864
(563) 5894210 office
(563) 5894221 fax
(563) 690-6678 TDD
plmmhxg@cityo fdubuque.org
August 11, 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
Description: Amend Section 4-4.2(B); Application and Scope of Site Plan Review
and Approval
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
Associate Planner Kyle Kdtz spoke in favor of the request, noting that text amendment
enhances the ability to enforce site plan requirements such as storm water detention.
There were no public comments.
The Zoning Advisory Commission discussed the request, noting that text amendment
will help insure that site plan requirements are completed in a timely manner.
Recommendation
By a vote of 6 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
Eugene ~ird, Jr., Chairperson
Zoning Adviso~ Commission
Attachments
5elvice People Integribj ResponsibilJb/ Innovation Teamwork
Planning Settees Depaih~r~nt
Dubuque~ LA, 52001-4864
Phone: 563-589-4210
Fax: 563-589-4221
PLANNTNG APPLZCATZON FORH
~Urrated Setback Wahmr
I--IRezorang
E]Simple Site Plan
El~nor ~rm ~lan
[] Major srm Ran
[] Major ~ Plat
E]sin~le Subdivision
OAnne~a~n
OTempora~/Use Perrrat
C]Cefdfmte of Ec~m~ Non-~'~l~l~
[-ICertdficate of Appm~'iateness
Pm t~me ~r mint leaiblv in ink
Property ~owner(s): ,
Fax Number:
State: , Zip:.
Mobile/Cellular Number:
Address: QtvHail-5OW. 13U'Sl~eet
Fax Number: 563-589-4221
City: Dubueue Sta~:
Mobile/Cellular Number:
563-589-42!0
;qp: 52001
Site Ioca~n/addres~: N/A ~
Existing zoning: N/A Proposed zoning: N/A ff~-loric District: N/A Landmark:
Legal DescdpUon (Siclwell parcel ZD~ or lot: number/block number/subdivision): N/A
N/A
Total IXOl:erty (lot) ~ (square feet or ao'es): N/A
(B): ac~ication and scooe of site olan review and aoomval lo rata ~e i,,.,;,.,natir~ of storm wat~
CERTiFiCATiON: ~/we, ~ ~g~, ~ h~ ~ ~b
2, ~am~~~~~~a~; a~
3. ~t~ ~~ a~~am a~
e~~s): ~ / //~
FOR Orr,~e USE ONLY - APPL3CAT/ON SUB~zm reAL CHE~
Fee: Received b~. Date: Docket
MEMORANDUM
July 23, 2003
TO: Zoning Advisory Commission
FROB: Kyle L. Kritz, Associate Planner
SUBJECT: Amendment to Section 4-4:2(B), Application and Scope of Site Plan Review
and Approval
INTRODUCTION
The proposed text amendment is intended to provide for the enforcement of site plan
requirements, such as utility extensions and storm water control facilities, prior to the
issuance of occupancy permits for new developments. Currently, the Zoning Ordinance
only provides that no building permit or occupancy permit shall be issued prior to
beginning of construction.
DISCUSSION
The proposed text amendment would add a new paragraph to Subsection B of Section
4-4.2 oflhe Zoning Ordinance, which establishes the application and scope of site plan
review and approval. The current language requires that prior to issuance of any
building or occupancy permit, a site plan must be approved. The new paragraph
requires that prior to any occupancy permits being issued, all storm water control
facilities, sanitary sewer, water service, parking facilities and other site plan
requirements have been constructed and approved by the City, and are fully
operational.
The intent of this new language is to ensure that prior to the issuance of any occupancy
permits, the buildings and surrounding development must have progressed to a point
where necessary utilities and storm water control facilities have been provided as
required by rite approved site plan. This language will help if the City does have to
procccd to a civil citation phase, and mom than likely will provide sufficient incentive for
developers to comply with the approved site plan.
RECOMMENDATION
Planning staff recommends that the proposed text amendment to Section 4-4.2(B) be
adopted as proposed in the attached ordinance.
KLK/mkr
Attachment
Prepared by: Laura Carstens, City Planner Address: 50 W. 13th St., City Hall Telephone: 589-4210
ORDINANCE NO. 69-03
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY
OF DUBUQUE CODE OF ORDINANCES SECTION 4-4;2(B) APPLICATION AND
SCOPE OF SITE PLAN REVIEW AND APPROVAL BY ADDING A NEW PARAGRAPH
REQUIRING INSTALLATION AND COMPLETION OF SITE PLAN REQUIREMENTS
PRIOR TO THE ISSUANCE OF OCCUPANCY PERMITS.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of
Ordinances is hereby amended by adding Section 4-4.2(B): Application and Scope of Site Plan
Review and approval by adding a new paragraph requiring installation and completion of storm
water detention facilities as shown below.
4-4.2(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
carded 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.
No occupancy permits for a new development shall be issued until all storm water
control, sanitary sewer, water mains, off-street parking facilities and all other site
plan requirements have been constructed and approved by the City, and are fully
operational.
Section 2. The foregoing amendment has heretofore been reviewed by the Zoning
Advisory Commission of the City of Dubuque, Iowa.
Section 3. This ordinance shall take effect immediately upon publication, as provided by
Passed, approved and adopted this 17th day of August, 2003.
Attest:
Jeanne F. Schneider, City Clerk
18th dayof August
Patricia A. Cline, Mayor Pro-Tem
2003.