SW Arterial Crdr Devel MoratoriMEMORANDUM
April 11,2002
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
Southwest Arterial Corridor Moratorium
Recently the Iowa Department of Transportation notified the City of Dubuque that the
Southwest Arterial was going to be dropped from their construction plans because of
cost considerations. Since that time, the Dubuque Metropolitan Area Transportation
Study (DMATS), Dubuque County and the City of Dubuque have reaffirmed to the Iowa
Department of Transportation that this is the area's number one surface transportation
priority. Mayor Terry Duggan met with Iowa Department of Transportation Director
Mark Wandre to negotiate a compromise to keep this project in the State budget.
These efforts have been supported by the Greater Dubuque Development Corporation
and the Dubuque Area Chamber of Commerce.
In continued pursuit of construction of the Southwest Arterial, the Iowa Department of
Transportation has submitted a request for a 12-month development moratorium in the
proposed Southwest Arterial Corridor. The Zoning Advisory Commission is
recommending denial of that moratorium request.
I respectfully request that the Mayor and City Council override the recommendation of
the Zoning Advisory Commission, and approve the establishment of a 12-month
development moratorium in the Southwest Arterial Corridor.
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
~ ~gen
(563) 589~23.0 office
(563) 589~221 fax
(563) 690-6678 TDD
plmming4gcityofdubuque.org
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque IA 52001
RE: Text Amendment
April 9, 2002
Applicant:
Description:
City of Dubuque/Iowa Department of Transportation (IDOT)
To amend Sections 6-1.5.5 and 4-4.2 of the Zoning Ordinance and
Section 42-16 of the Subdivision Regulations regarding a development
moratorium in the proposed 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 Member Kritz reviewed the request of the City of Dubuque and IDOT to re-
establish the development moratorium for the Southwest Arterial Corridor. No
representative of the IDOT was in attendance.
A property owner within the moratorium area spoke in opposition to the request
because he has been in limbo for approximately two years. He said he can't sell his
property to the IDOT or anyone else, and he can't get a building permit to build a
garage. He said he wants a decision to be made on the project so he can make plans
for the future.
The Zoning Advisory Commission discussed the request, noting that the property
owners expressed the same concerns in November 2001. The Commission
recommended approval then because of the limited background they had on corridor
issues. The Commission felt that the moratorium has been in place long enough and
that the property owners have a right to move on with their lives.
Recommendation
By a vote of 6 to 0, the Zoning Advisory Commission recommends that the City Council
deny the request.
A simple majority vote is needed for the City Council to concur with the denial. A three-
fourths majority vote is needed to approve the request.
Service People Lnteg~iiy ResponsibUlty Innovation Teamwork
The Honorable Mayor and City Council Members
Southwest Arterial Corridor
April 8, 2002
Page 2
Respectfully submitted,
Eugene Bird, Jr., Chairperson
Zoning Advisory Commission
Attachments
CC:
Bill Baum, Economic Development Director
Mike Koch, Public Works Director
Fred Dean, Iowa Department of Transportation
CITY OF DUBUQUE, IOWA
MEMORANDUM
March 26, 2002
TO:
FROM:
SUBJECT:
Zoning Advisory Commission
Kyle L. Kritz, Associate Planner
Development Moratorium for the Southwest Arterial Corridor
INTRODUCTION
This memo transmits a request by the Iowa Department of Transportation and the City
of Dubuque to extend the development moratorium in the Southwest Arterial Corridor
that expired on February 19, 2002 for an additional 12 months. Attached to this memo
is a map showing the moratorium area, which has not changed since the previous
request.
BACKGROUND
The Zoning Advisory Commission reviewed a similar request at their November 7, 2001
meeting. The request at that time was for a one-year extension. The City Council
ultimately extended the moratorium for only three months because of the status of the
Southwest Arterial.
The City of Dubuque enacted similar moratoriums along U.S. 61/151 and U.S. 20
(Dodge Street) during the 1990s at the request of the IDOT relative to freeway
construction. The City currently has a building permit moratorium in place at the Julien
Dubuque Bridge for the U.S. 20 Mississippi River Crossing Study. The City also has
enacted moratoriums for City planning studies, such as the land use planning study for
Dodge Street in 1998.
DISCUSSION
Without a moratorium, development could occur in the Southwest Artedal Corridor that
might be incompatible with the future alignment of the highway. To avoid this situation,
the IDOT has requested that the City of Dubuque establish a 12-month moratorium for
the Southwest Arterial Corridor. On March 18, 2002, the City Council approved a 12-
month moratorium on building permits in the corridor.
To complete this development moratorium, the City Council must approve an
amendment to the Zoning Ordinance for rezonings and site plans, and an amendment
Development Moratorium for the Southwest Arterial Corridor
March 26, 2002
Page 2
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 4-4.2
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.
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
moratorium area, because the City reviews subdivisions 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 establish a 12-month development moratorium in the Southwest
Arterial Corridor.
KLK/mkr
Attachments: Maps -Proposed Moratorium
IDOT Letter
Ordinance Amendments
CC:
Fred Dean, IDOT Transportation Planner
Anna O'Shea, County Zoning Administrator
Michael Koch, Public Works Director
Iowa Department of Transportation
P.O. Box 2646, Davenport, lA 52809 563-391-2167
Fax: 563-388-9266
March 5, 2002
Ref. No. STP-32-1(10)--2C-31
Southwest Arterial
Laura Carstens
Planning Services
City of Dubuque
50 West 13~ Street
Dubuque, IA 52001
Dear Laura:
We would like to request city council approval to extend the development moratorium in the area
encompassing US 20 and the proposed Seippel Road imerchange, which expired on or about
February 19, 2002, for another one-year period, t have enclosed a nmp showing the area needing
to he covered by the moratorium. The area to he covered remains unchanged from the previous
request.
If you require any additional information or explanation, please let me know.
Sincerely,.
Fred Dean
District 6
Highway Division
FWD:fwd
Enclosure
Cc: Richard Kautz, District 6 Engineer
Catherine Cutler, Field Services Coordinator
Art Gourley, Area StaffEngineer, Dyersville
Mark Kerper, Office of Corridor Development
PLANN?NG APPL[CATi'ON FORM
C~3/of Dubuque
Planning Services Department
Dubuque, ZA 52001-q86~
Phone: 563-589~210
Fax: 563-589-~221
[] Variance
[] Conditional Use Permit
~ Appeal
~ Spedal Exception
r~ Umited S~back Waiver
[] Rezoning
[] Planned District
~ Preliminary Plat
~ Minor Rnal Plat
~l'ext Amendment
[] Simple Site Plan
~ Minor Site Plan
~ Major Site Plan
[] Major Final Plat
~ Simple SubdMsion
Annexation
Temporary Use Permit
Certificate of Economic Non-Viability
Certificate of Appropriateness
Other:
Please tyne or print leaiblv in ink
Property owner(s):
Phone:
Address: Ob/:
State: Zip:
Fax Number:
1'4obile/Cellular Number:
Applicant/Agent: Ob/of: Dubuque
Phone: (5633589-4-210
Address: ab/Hall - 50 W. 13th Street Crcy: Dubuoue
State: ~, .Zip: 52001
Fax Number: (563~589~221
IVlobile/C. ellular Number: N/A
Site location/address: N/A
~ngzoning: C-3/AG Proposed zoning: C-3/AG Historic District: N/A Landmark: N/A
Legal Description (Sidwell parcel ID~ or lot number/block number/subdivision): N/A
Total property (lot) area (square feet or acres): NrA
Descdbe proposal and reason necessary (attach a letter of explanation, if needed): To amend Sections
6-1.55 and 4.4.2 of the Zonine Ordinance and Section 42-16 of the Subclivision Reeulations to extend th~
duration of the develooment moratorium for U~e orooosed Southwest Ar~edal Corddor (see attached
made.
CERTIFiCATION: ;[/we, the undersigned, do hereby cer'dfy that:
1, The information submitted herein is true and correct to the best of my/our knowledge and upon
submittal be~mes public record;
2. Fees are not refundable and payment does not guarantee approval; and
Properb/Owner(s):~~ Dato: ~ 12'''~ I°;Z-
Applicant/Agent: Date:
FOR OFFZCE USE ONLY - APPLZCATION SUBMTITAL CHECKLIST
Fee: Reoeived by: Date: Docket:
[] Site/sketch plan [] Conceptual Development Plan E;Pheto t; Plat
[] Improvement plans D Design review project description [] Floor plan [] Other:
Prepared by: Laura Caretens, City Planner Address: City Hall. 50 W. 13~ St. Telephone: 589-4210
ORDINANCE NO.33-02
AN ORDINANCE AMENDING APPENDIX A (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
ESTABLISH A MORATORIUM FOR SITE PLAN AND REZONING APPLICATIONS IN
THE SOUTHWEST ARTERIAL CORRIDOR.
Whereas, the Iowa Department of Transportation (IDOT) is engaged in a study of the
Southwest Arterial Corridor, which will include the determination of a preferred alignment; and
Whereas, the IDOT has requested that the City of Dubuque extend the development
moratorium for the Southwest Arterial Corridor for an additional 12 months; and
VVhereas, the City of Dubuque desires to minimize potential development conflicts
dudng this study by enacting an additional twelve-month 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.
Moratorium B for site plans in the Southwest Arterial Corridor.
The City Planner shall not issue conditional or final approval for any site plan filed for
property in the Southwest Artedal Corridor that lies within the corporate limits of the City
of Dubuque, as delineated on the attached drawing, during the twelve-month period
from the effective date of this Section, 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.
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
carried 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.
Ordinance No. 33 - 02
Page 2
Development activities subject to site plan review:
(1)
Construction or expansion of any building, structure or freestanding sign except
single-family detached dwellings, duplexes and townhouses of not mom than two
(2) units and permitted accessory structures to a single-family dwelling or duplex,
however, driveways to said single-family and duplex dwellings shall be paved with
a hard surface.
(2)
Any change, alteration or modification in a structure or use which would require
the provision of additional off-street parking spaces, additional lot area, or other
substantial change in zoning requirements applicable to such structure or use.
(3) The construction or creation of any parking lot or the expansion of any existing
parking lot.
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 B for rezonings in the Southwest Artedal Corridor
In addition to the requirements of subsection 6-1.5 of this Section, the City Council shall
not give final approval to any reclassification (rezoning) request for property in the
Southwest Arterial Corridor that lies within the corporate limits of the City of Dubuque,
as delineated on the attached drawing, during the twelve-month period from the
effective date of this Section, 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 15th day of April, 2002.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
Terrance M. D'~gg
/
~layor
~d'eanne F. Schneider, City Clerk
Prepared by: Laura Caretene~ City Planner Address: City Hall, 50 W. 13~ St., Dubuque, IA Telephone: 589-4210
ORDINANCE NO. 34-02
AN ORDINANCE AMENDING CHAPTER 42 (SUBDIVISION REGULATIONS) OF THE
CITY OF DUBUQUE CODE OF ORDINANCES BY AMENDING SECTION 42-16, TO
ESTABLISH A MORATORIUM FOR SUBDIVISION PLATS IN THE SOUTHWEST
ARTERIAL CORRIDOR.
Whereas, the Iowa Department of Transportation (IDOT) is engaged in a study of the
Southwest Arterial Corridor, which will include the determination of a preferred alignment; and
Whereas, the IDOT has requested that the City of Dubuque extend the development
moratorium for the Southwest Arterial Corridor for an additional 12 months; and
Whereas, the City of Dubuque desires to minimize potential development conflicts
during this study by enacting an additional 12-month development moratorium for the
Southwest Arterial Corridor.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF DUBUQUE,
IOWA:
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 42-16. Southwest Arterial Corridor Review:
No plat for any subdivision or resubdivision of property in the Southwest Arterial
Corridor, as delineated on the attached drawing, shall be approved by the City Council,
Zoning Advisory Commission or City Planner during the twelve-month period from the
effective date of this Section, except where a vested right to the issuance of such
approval accrued to any person, firm or corporation as a matter of law pdor to the
effective date of this Section.
Attest:
Section 2. This Ordinance shall take effect upon publication, as provided by law.
Passed, approved and adopted this 15th day of April, 2002.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk