Iowa 32 SW Arterial Corridor Text AmendmentPlanning Services Department
City Hall
50 West 13~ Street
Dubuque, IA 52001-4864
(563) 589-4210 phone
(563) 589-4221 fax
(563) 690-6678 TDD
planning®cityofdubuque.org
THE CITY OF
DuB E
MQStC~11CCe Ori tj1C MiSSiSSt~li
May 8, 2007
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque IA 52001
Applicant: City of Dubuque
Description: To amend Sections 6-1.5.5 and 4-4.2 of the Zoning Ordinance and Section
42-16 of the Subdivision Regulations to extend the duration of the
development moratorium for the Iowa 32 (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
Associate Planner Kyle Kritz, representing the City, spoke in favor of the request to extend
the development moratorium for the Iowa 32 (Southwest Arterial) Corridor.
There were no public comments.
The Zoning Advisory Commission discussed the request, noting that the size of the
moratorium area.
Recommendation
By a vote of 5 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,
Euge Bird Jr., Chairperson
Zoning Advisory Commission
Attachments
cc Gus Psihoyos, City Engineer
Dave Heiar, Economic Development Director
F:\USERS\Kmunson\WP\City Council\CC 05_21_07\SW Arterial Moratorium Text Amendment\SW Arterial Text Amendment cc Itr
05_21_07.doc
Service People Integrity Responsibility Innovation
1'f~ Q1Y OF
DuB E
PLANNING APPLICATION FORM
^Variance ^Rezoning ^Simple Site Plan
^Conditional Use Permit ^Planned District ^Minor Site Plan
^Appeal ^Preliminary Plat ^Major Site Plan
^Special Exception ^Minor Fnal Plat ^Major Fnal Plat
^Limited Setback Waiver X Text Amendment ^Simple Subdivision
Please type or print legibly in ink
City of Dubuque
Planning Services Departrnent
Dubuque, IA 52001-4864
Phone: 563-589-4210
Fax: 563-589-4221
^Annexation
^Temporary Use Permit
^Certificate of Economic Non-Viability
^Certificate of Appropriateness
^Other:
Property owner(s): Various Phone:
Address:
City:
State: Zip:
Fax Number: Mobile/Cellular Number:
Appiicant/Agent: Gty of Dubuque Phone: _ 563-589-4210
Address: Gty Hall. 50 W. 13~' Street Gty: Dubuque State: IA Zip: 52001
Fax Number: 563-589-4221 Mobile/Cellular Number:
Site location/address: Proposed Iowa 32 (Southwest Arterial) Comdor
Existing zoning: C-3/AG Proposed zoning: C-3 AG Historic District: Landmark: N/A
Legal Description (Bidwell parcel ID# or lot number/block number/subdivision):
Total property (lot) area (square feet or acres):___ N/A
Describe proposal and reason necessary (attach a letter of explanation, if needed): To amend Sections
6-1 5 5 and 44 4 2 of the Zoning Or+dinanoe and Section 42-16 of the Subdivision Regulations to extend
the duration of the development moratorium for the Iowa 32 (Southwest Arterial Corridor (See attached
maa).
CERTIFICATION: I/we, the undersigned, do hereby certify that:
1. The information submitted 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 materials are attached.
Property Owner(s): Date:
Applipnt/Agent: ~ Date:
FOR OFFICE USf ONLY -APPLICATION SUBMITTAL CHECKLIST
Fee: _N/A Received by: Date: Docket:
^ Site/sketch plan ^ Conceptual Development Plan Photo D Ptat
o Improvement plans ~ Design review project description ^ Floor plan O Other:
F:\USERS\Kmunson\WP\Boards-Commissions\ZAC\IN'~sc\51AI Arterial Moratorium Application Q4 SO 07.doc
CITY OF DUBUQUE, IOWA
MEMORANDUM
April 10, 2007
TO: Zoning Advisory Commission
FROM: Laura Carstens, Planning Services Manama
RE: Development Moratorium for the Iowa 32 (Southwest Arterial)
Corridor
In#roduction
This memo transmits a request by the City of Dubuque to extend the
development moratorium in the Iowa 32 (Southwest Arterial) corridor. Attached
to this memo is a map showing the moratorium area.
Discussion
The City of Dubuque and the IDOT are engaged in a study of the Southwest
Arterial Corridor, which will include right-of-way acquisition for the 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 in 2003-2006.
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.
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 40-4.2 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.
Zoning Advisory Commission
April 10, 2007
Page 2
The text amendment to the Subdivision Ordinance affects Section 42-i6, which
refers to the Southwest Arterial Con'idor moratorium. This section would apply
to the entire alignment, because the City reviews subdivision in the city and
within two miles of the city limits.
Recommendation
Staff recommends that the Zoning Advisory Commission approve the text
amendments to the Zoning Ordinance for rezonings and site plans, and to the
Subdivision Ordinance for subdivisions, to extend the development moratorium in
the Southwest Arterial Corridor to July 1, 2008.
cc Jim Schnoebelen, IDOT
Gus Psihoyos, City Engineer
Bob Schiesl, Assistant City Engineer
/~
Attachment: Moratorium Area Map
F:\USERS\Kmunson\WP1BoardS-C~nmissfonsWlC\Misc1SW Arterial Moratoriu mono to ZAC.frm.dot
Prepan:d by: Laura Carstens. City Planner Address: City Hall. 50 W. 13th St Telephone: 589-4210
Retum to: Jeanne Schneider. Citv Clerk Address: City Hall- 50 W. 13 St Telephone: 589-4121
ORDINANCE NO. 34 - 07
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 right-of-way acquisition for the 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 Southwest Arterial Corridor.
IOWA:
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF DUBUQUE,
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 42-96 Moratorium for Subdivisions in the Iowa 32 (Southwest Arterial)
Corridor.
No plat for any subdivision or resubdivision of property in the Iowa 32 (Southwest
Arterial) Corridor, as delineated on the attached drawings, shall be approved by
the City Council, Zoning Advisory Commission or City Planner ftom the effective
date of this Section to July 1, 2008, 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 2. This Ordinance shall take effect upon publication, as provided by law.
Ordinance No. -07
Page 2
Passed, approved and adopted -this l s t n day
.Roy D. BuoI, Mayor
Attest:
Jeanne F. Schnei er, City Clerk
June , 2007 ,
F:IUSERS\KmunsonlWPlBoanis-CommissionslZAC\Ordinances ResoluaonslSWArterial Moratorium Subdivision
Ordinance.doc '
Ordianance No. 35-07
Prepared by: Laura Carstens. City Planner Address: City Hall. 50 W. 13th St Telephone: 589-4210
Retum to: Jeanne Schneider. Citv Clerk Address: Citv Hall- 50 W. 13 St Telephone: 589-4121
ORDINANCE NO. 35 -07
AN ORDINANCE AMENDING APPENDIX A (THE .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 (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 right-of-way acquisition for the 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 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 Code of
Ordinances is hereby amended by amending Section 4-4.2 as follows:
Section 4-4.2. Application and Scope.
(A) Moratorium for Site Plans in the Iowa 32 (Southwest Arterial) 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 drawings, from the effective date of this Section to July 1, 2008,
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.
Ordinance No. -07
Page 2
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 for rezonings in the Southwest Arterial Corridor.
In addition to the requirements of subsection 6-1.5 of this Section, the City
Council sha8 not give final approval to any zoning reclassification (rezoning)
request 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
drawings, from the effective date of this Section to .luly 1, 2008, 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 1 s t n d~iy of June , 2007 .
~~
D. col, Mayor
Attest
%~'
eanne F. Schneider, City Clerk
f:1USERSUCmunson\WP1Boards-CommissionslZAC\Ordinances Resolutions\SWArterial Moratorium Ordinance.doc