Iowa 32 SW Arterial Tex AmendmentPlanning Services Department
City Hall
50 West 13w Street
Dubuque, IA 52001-4864
(563) 589-4210 phone
(563)589-4221 fax
(563) 690-6678 TDD
planning_~~ cityof dubuque.org
THE CITY OF
DUB E
Masterpiece on the Mississippi
July 9, 2007
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13~' Street
DubuquelA 52001
Applicant: City of Dubuque
Description: Amendment to Sections 4-4.2(A) Application Scope (Site Plans} and Section 6-
1.5. of the Zoning Ordinance and Section 42-16 of the Subdivision Regulations to
allow City Council approval of requests for site plans, rezonings, and
subdivisions within 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
Staff reviewed the proposed changes to the Iowa 32 (Southwest Arterial) Corridor Moratorium
noting that the changes will allow the City Council to approve a subdivision, rezoning or site plan
within the established corridor where it can be demonstrated that approving the request will not
adversely impact the acquisition of property for right-of-way and construction of the planned
roadway.
There were no public comments.
The Zoning Advisory Commission noted that the proposed new language adds appropriate
flexibility while protecting the community's need for the Southwest Arterial.
Recommendation
By a vote of 4 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.
Re pectfully submitted,
/Nt~
eff S Iles, Vice Chairperson
Zoning Advisory Commission
Attachments
cc Gus Psihoyos, City Engineer
Bob Schiesl, Assistant City Engineer
Service People Integrity Responsibility Innovation
Prepared by: Laura Carstens City Planner Address: Cit~Hall 50 W. 13th St Telephone: 589-4210
Retum to: Jeanne Schneider. City Clerk Address: Cit~Hall- 50 W. 13 St Telephone: 589-4121
ORDINANCE NO. 37 -07
AN ORDINANCE AMENDING CITY OF DUBUQUE CODE OF ORDINANCES
APPENDIX A (THE ZONING ORDINANCE) SECTION 4-4.2(A) MORATORIUM FOR
SITE PLANS IN THE IOWA 32 (SOUTHWEST ARTERIAL) CORRIDOR AND
AMENDING SECTION 6-1.5.5 A MORATORIUM FOR 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. City of Dubuque Code of Ordinances Section 4-4.2 is amended to
read 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 shown on drawings
on file in the City Clerk's Office, 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.
Notwithstanding the foregoing, the City Council may approve a proposed
site plan upon a determination that the proposed site plan will not
Ordinance No. -07
Page 2
negatively impact the acquisition of right-of-way along the preferred
alignment of the Iowa 32 (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 the subsequent
development of the parcel(s).
Section 2. City of Dubuque Code of Ordinances Section 6-1.5.5 is amended to
read as follows:
Section 6-9.5.5 Moratorium for rezonings in the Southwest Arterial Corridor.
The City Council shall 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 shown on drawings on
file in the City Clerk's Office, 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.
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 Iowa
32 (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 3. This Ordinance shall take effect upon publication, as provided by law.
Passed, approved and adopted this 16th day, July 2007 .
i
~+:
~'~~
Roy D. B ,Mayor
Attest:
. ~~
anne F. Schneider, City Clerk
F:\USERS\Kmunson\WP\Boards-CommissionsVAClOrdinances_Resolutions\SWArterial Moratorium Ordinance ZAC final.doc
Prepared by: Laura Carstens Citv Planner Address: City Hall 50 W. 13th St Telephone: 589-4210
Return to: Jeanne Schneider. City Clerk Address: City Hall- 50 W. 13 St Telephone: 589-4121
ORDINANCE NO.
38 -07
AN ORDINANCE AMENDING CITY OF DUBUQUE CODE OF ORDINANCES
CHAPTER 42 SUBDIVISION REGULATIONS-SECTION 42-16, IOWA 32
(SOUTHWEST ARTERIAL) CORRIDOR REVIEW.
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. City of Dubuque Code of Ordinances Section 42-16 is amended to
read as follows:
Section 42-76. Iowa 32 (Southwest Arterial) Corridor Review:
A proposed plat that divides any parcel within the Iowa 32 (Southwest Arterial)
Corridor into two or more lots, and any preliminary plat within the Iowa 32
(Southwest Arterial) Corridor shall be submitted to the City Council for review.
No plat for any subdivision or resubdivision of property in the Iowa 32 (Southwest
Arterial) Corridor, as shown on drawings on ale in the City Clerk's Office ,shall be
approved by the City Council 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
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 Iowa 32 (Southwest Arterial) Corridor. The applicant shalt 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 32
(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 2. This Ordinance shall take effect upon publication, as provided by law.
Passed, approved and adopted this 16th day of July 2007 .
f~~4
Roy . B, ,Mayor
Attest:
Jeanne F. Schneider, City Clerk
F:IUSERS\Kmunson\WP\Boards-Commissions\ZAC\Ordinances_Resolutions\SWArterial Moratorium Subdivision
Ordinance ZAC final.doc
Prepared by: Laura Carstens. City Planner Address: City Hall. 50 W. 13th St Telephone: 589-4210
Retum to: Jeanne Schneider, City Clerk Address: Citv Hall- 50 W. 13 St Telephone: 589-4121
ORDINANCE NO. -07
AN ORDINANCE AMENDING CITY OF DUBUQUE CODE OF ORDINANCES
APPENDIX A (THE ZONING ORDINANCE)
SECTION 4-4.2(A) MORATORIUM FOR SITE PLANS
IN THE IOWA 32 (SOUTHWEST ARTERIAL) CORRIDOR Q~~eoni~~~ crr~
R6A~AIS, AND ~ AMENDING SECTION 6-1.5.5 ,
cx~:~ A MORATORIUM FOR ciT~ ~i eti e~~n 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. City of Dubuque Code of
Ordinances ~ Section 4-4.2 is amended to read 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 shown ~'''°'~,~*~d on
drawings on file in the City Clerk's Office, 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
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 Iowa 32 (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 the subsequent development of the parcel(s).
Section 2. City of Dubuque Code of
Ordinances ' Section 6-1.5.5 is amended to
read as follows:
Section 6-9.5.5 Moratorium for rezonings in the Southwest Arterial Corridor.
The City
Council shall 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 shown deliflea~d on drawings on
file in the City Clerk's Office, 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.
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 Iowa 32 (Sou#~west 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 3. This Ordinance shall take effect upon publication, as provided by law.
Passed, approved and adopted this day of 2007 .
Attest:
Roy D. Buol, Mayor
Jeanne F. Schneider, City Clerk
Prepared by: Laura Carstens, City Planner Address: Citv Hall. 50 W. 13th St Telephone: 589-4210
Return to: Jeanne Schneider, City Clerk Address: Citv Hall- 50 W. 13 St Telephone: 589-4121
ORDINANCE NO. -07
AN ORDINANCE AMENDING CITY OF DUBUQUE CODE OF ORDINANCES
CHAPTER 42 {SUBDIVISION REGULATIONS`` n~~ 'T~ nc ni ini ini is ~~n.E
SECTION 42-16,
IOWA 32 (SOUTHWEST ARTERIAL) CORRIDOR
REVIEW.
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. City of Dubuque Code of Ordinances
amend+eg Section 42-16 is amended to read as follows:
Section 42-16. Iowa 32 (Southwest Arterial)
Corridor Review:
A proposed plat that divides any parcel within the Iowa 32 (Southwest
Arterial) Corridor into two or more lots, and any preliminary plat within the
Iowa 32 (Southwest Arterial) Corridor shall be submitted to the City Council
for review.
No plat for any subdivision or resubdivision of property in the Iowa 32 (Southwest
Arterial) Corridor, as shown defeated on drawings on file in the City Clerk's
Ordinance No. -07
Page 2
Office ,shall be approved by the City Council,
G+~+~la+~ei=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.
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 Iowa 32 (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 32 (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 2. This Ordinance shall take effect upon publication, as provided by law.
Passed, approved and adopted this day of 2007 .
Roy D. Buol, Mayor
Attest:
Jeanne F. Schneider, City Clerk
F:\USERS\Kmunson\WP\Boards-Commissions\ZAC\Ordinances_Resolutions\SWArterial Moratorium Subdivision
Ordinance ZAC.doc
THE C1TY OF
DuB E
`~:o.~~
^Variance
^Conditional Use Permit
^Appeal
^Special Exception
^Limited Setback Waiver
PLANNING APPLICATION FORM
^Rezoning
^Planned District
^Preliminary Plat
^Minor Final Plat
[[Text Amendment
^Simple Site Plan
^Minor Site Plan
^Major Site Plan
^Major Final Plat
^ Simple Subdivision
City of Dubuque
Planning Services Department
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:
Please type or print legibly in ink
Property owner(s): Various Phone:
Address: City: State: Zip:
Fax Number: Mobile/Cellular Number:
Applicant/Agent: City of Dubuque Phone:
Address: City Hall - 50 W. 13th St. City: Dubuque State: IA Zip: 52001
Fax Number: 563-589-4221 Mobile/Cellular Number:
Site location/address: Proposed Iowa 32 (Southwest Arterial) Corridor
Existing zoning: R-1/R-3/C-3 Proposed zoning: R-1/R-3/C-3 Historic District: N A Landmark: N A
Legal Description (Bidwell parcel ID# or lot number/block number/subdivision): See attached exhibit.
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
4 4 2 and 6-1 5 5 of the Zoning Ordinance and Section 42-16 of the Subdivision Regulations to provide a
procedure for the City Council to~orove developments within the Iowa 32 (Southwest Arterial) Corridor.
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:
Applicant/Agent: Date: ~ ~
FOR OFFICE USE ONLY -APPLICATION SUBMITTAL CHECKLIST
Fee: -~- Received by: ~ Date: 6 • ZO ~~ Docket:
^ Site/sketch plan ^ Conceptual Development Plan ^Photo ^ Plat
^ Improvement plans ^ Design review project description ^ Floor plan ^ Other: _
THE CITY OF
DUB E MEMORANDUM
Masterpiece on the Mississippi
June 18, 2007
TO: Zoning Advisory Commission
FROM: Laura Carstens, Planning Services Manager -~
SUBJECT: Amendment to Development Moratorium for the Iowa 32 (Southwest
Arterial) Corridor
INTRODUCTION
This memo transmits a request by the City of Dubuque to modify the regulations for the
current moratorium in the Iowa 32 (Southwest Arterial) Corridor. Attached to this
memorandum is a map showing the moratorium area.
DISCUSSION
The City of Dubuque recently extended the moratorium for the Iowa 32 (Southwest
Arterial) Corridor to July 1, 2008. 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 in the Southwest Arterial Corridor beginning in 2003.
The City of Dubuque is now proposing to amend the moratorium language to permit the
City Council to approve developments within the corridor that would not negatively
impact the acquisition of right-of-way along the preferred alignment of Iowa 32. The
proposed language would allow the City Council to approve a site plan, a rezoning or a
subdivision plat where a determination has been made that it will not negatively impact
the Southwest Arterial Corridor.
The text amendment to the Zoning Ordinance affects two sections. Section 4-4.2 refers
to site plans in the moratorium area, and Section 6-1.5.5 refers to the rezonings. This
text amendment for these two sections would apply only to that portion of the
moratorium area that lies within the City limits.
The text amendment to the Subdivision Ordinance affects Section 42-16, which refers to
the Southwest Arterial Corridor Moratorium. This section would apply to the entire
alignment because the City reviews subdivisions, and within two miles of the City limits.
Zoning Advisory Commission
Amendment to Development Moratorium for the Iowa 32 (Southwest Arterial) Corridor
Page 2
RECOMMENDATION
Staff recommends that the Zoning Advisory Commission recommend approval of the
proposed text amendments to the Zoning Ordinance and Subdivision Ordinance to
allow the City Council the ability to approve site plans, rezonings and plats within the
Southwest Arterial Corridor.
Attachments
Prepared by Kyle L. Kritz, Associate Planner