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East-West Corridor Moratorium Extension (Second/Final Reading) Copyrighted September 3, 2019 City of Dubuque Action Items # 4. ITEM TITLE: East-West Corridor Moratorium Extension (Second Reading) SUMMARY: City Manager recommending approval of a three-year extension to the moratorium for construction, rezoning, subdivision review, and site plan approval in the East-West Corridor Study Area. ORDINANCE Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 2 Building Construction, Demolition and Moving, Section 14- 2-4 Moratorium for Construction or Other Work on Certain Streets, Areas, or Facilities by Extending the Moratorium SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion A ATTACHMENTS: Description Type East-West Corridor Moratorium Extension-MVM Memo City Manager Memo Staff Memo Staff Memo Corridor Map Supporting Documentation Ordi nance Ordi nance Suggested Motion Wording Supporting Documentation Dubuque THE CITY OF � uI�AaMca cih DuB E � � I � � I Maste iece on the Mississi i Zoo�•zoiz•zois YP pp zoi�*zoi9 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: East-West Corridor Moratorium Extension DATE: August 12, 2019 Planning Services Manager Laura Carstens and Assistant City Engineer Bob Schiesl recommend City Council approval of a three year extension to the moratorium for construction, rezoning, subdivision review, and site plan approval in the East-West Corridor Study Area. I concur with the recommendation and respectfully request Mayor and City Council approval. � Mic ael C. Van Milligen MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Cori Burbach, Assistant City Manager Laura Carstens, Planning Services Manager Bob Schiesl, Assistant City Engineer T.��rry oF� Dub�uqu�e 1 �T T� � � T� AllAmericaGfly LJ lJ LJ _ Master•piece on the Mississippi �� 2007•2012+2013 z�17*ZO19 TO: Michael Van Milligen, City Manager FROM: Laura Carstens, Planning Services Manager �`�� Bob Schiesl, Assistant City Engineer '�ps SUBJECT: East-West Corridor Moratorium Extension DATE: August 9, 2019 Introduction This memorandum transmits an ordinance which extends the moratorium for construction, rezoning, subdivision review, and site plan approval in the East-West Corridor Study Area. Also attached is a map of the corridor. Discussion The East-West Corridor is subject to continuing implementation of a long-range plan. The existing development moratorium for the East-West Corridor is nearing expiration. Premature development could interfere with this critical transportation project. The proposed moratorium will provide City staff the time needed to evaluate the impact to property along the corridor in terms of property acquisition, site development, and land use. The proposed roundabouts and right-of-way acquisitions outlined in HDR's final version of the East-West Corridor Connectivity Study have the potential to impact adjacent property in terms of access, land use, and site development. The moratorium will have the effect of limiting property improvements along the corridor for the duration of the moratorium. Such improvements, if allowed to proceed, could raise the cost to the City for future construction of improvements in the corridor. Previously, the moratorium has been extended on a yearly basis since its initial adoption in 2012 and then in 2016, the moratorium was extended for a three-year period to August 20, 2019. The attached ordinance extends the moratorium for the East-West Corridor for three years to August of 2022. Recommendation The Planning Services Department and Engineering Department request and recommend an extension of three years for the moratorium. The Legal Department concurs. We recommend that the City Council review and approve the ordinance to extend the moratorium for the East/West Corridor Study Area for three years. Enclosures cc: Crenna Brumwell, City Attorney Maureen Quann, Assistant City Attorney Gus Psihoyos, City Engineer Kyle Kritz, Associate Planner East-West Corridor Connectivity Study DAGIS;� Moratorium '�`•..._�.,.�,m" I�us E A°e''e79eKOrtIlmM"```'v''` Construction and Development WA - W''. Pr -Avis ww" IP rill I L\ \IN. ' . IIIP i c 0000 11 \ *IA **--111,*11�� N �PSE.:I. 0 0 14 , \ v S'yLA 4 A f*1 , Mid i T ALF VIP 9 4 N� esti x.�_,,,,,.....''//. 1111111, A41 11# ii. ...- 111°.7.1 IP U 1 4 v ®o® -47.. I. 0 \.50 z 0101 Cr) II* 10 r 00 MORS 1111. 11$ # 11-- ghs, iliG):: 110 h \, - r• •f,r,'. T, 58010 !, K. *hh 41, ' O O (.1tai a .1. r \G all ARC Sr BGG i lo P co Q ....„.„.„,,, � �(` SIMAmit. II. Map Pieparea M: TN% N Gay el Dt hug. Eng meet.up D won w�":nom Moratorium Limits 50 Mut our 5� EXHIBIT BIT A Phone: (s6915ay.ax7D 5E84205 H W.gateerinaftpa for Sufi l7C� Ron TuvnenUnheraity Ave Concept n� ,.��,. a...W ..a<..ex� W�E vow i4.=neiwN.ee �w a�w.r wiaa....iNur.563) .rrx.r.nmeov "r a x.uw b... L.xnef Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St Telephone: 589-4210 Return to: Kevin Firnstahl, City Clerk Address: City Hall- 50 W. 13th St Telephone: (563) 589-4100 ORDINANCE NO. 37-19 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 2 BUILDING CONSTRUCTION, DEMOLITION AND MOVING, SECTION 14-2-4 MORATORIUM FOR CONSTRUCTION OR OTHER WORK ON CERTAIN STREETS, AREAS, OR FACILITIES BY EXTENDING THE MORATORIUM. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. City of Dubuque Code of Ordinances Section 14-2-4 is amended to read as follows: Section 14.2-4: Moratorium for Construction or Other Work on Certain Streets, Areas or Facilities: A. East-West Corridor Study Area: The city manager may not issue any permit for any new construction or substantial enlargement, alteration, repair or remodeling of any structure, building, or sign in the east -west corridor study area as shown on the map on file in the office of the city clerk, but not to include demolition or emergency repairs without the approval of the city council, from the effective date hereof to August 16, 2022, except where a vested right to the issuance of such permit accrued prior to the effective date hereof. Section 2. This ordinance shall takeeffect upon publication. Passed, approved and adopted this 3rd day of September 2019 Attest: Kerte S. irnstahl, City Clerk STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: September 06, 2019, and for which the charge is $17.48 Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this 42--5144—day of (") /0 44. ' 204. GV Notary Public in and fac t ubuqu County, Iowa. a �S AMY WAGNER r p z . ;, Commission Number 813362 My Commission Expires October 22, 2021 OFFICIAL PUBLICATION ORDINANCE NO. 37-19 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES ' TITLE 14 BUILDINGAND DE- VELOPMENT, - CHAP- TER 2 BUILDING CON- STRUCTION, DEMOLI- TION AND MOVING, SECTION 14-2-4 MORATORIUM FOR CONSTRUCTION OR OTHER WORK ON CERTAIN STREETS, AREAS, OR FACILI-'. TIES BY EXTENDING THE MORATORIUM. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. City of Dubuque Code of Ordi- nances Section 14-2-4 is amended toread as follows:, Section 14-2-4: Mora- torium for, Construction or Other Work on Cer- tain Streets, Areas, or Facilities: A. East-West Corridor Study Area: The, city manager may not issue any permit; for any new construction or 'sub- stantial enlargement, alteration, repair or re- modeling of any struc- ture, building, or sign in the east -west corri- dor study area as shown on the map, on file in the office of the city clerk, but not to in- clude demolition or emergency repairs without the approval of the city council, from the effective date here- of to August 16, 2022, except where a vested right to the issuance of such permit accrued prior to the effective date hereof., Section 2. This ordi- nance shall take effect upon publication. Passed, approved and adopted this 3rd day of. September, 2019. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the, 6th day of September 2019. /s/Kevin S. Firnstahl, City Clerk 1t 9/6