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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.