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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