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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