Code of Ordinances Amendment - SW Arterial Moratorium Copyright 2014
City of Dubuque Action Items # 2.
ITEM TITLE: Code of Ordinances Amendment - SW Arterial Moratorium
SUMMARY: City Manager recommending approval of the Ordinance to remove the
property included in the Final Plat of Siegert's Place Fifth Addition from the
Southwest Arterial Corridor Moratorium area.
ORDINANCE Amending Dubuque Code of Ordinances, Title 16 Unified
Development Code, Chapter 11 Land Subdivision, Section 16-11-2
Applicability By Amending The Moratorium
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion A
ATTACHMENTS:
Description Type
❑ Amend SW Arterial Moratorium-MVM Memo City Manager Memo
❑ Staff memo Staff Memo
❑ Map&aerial views Supporting Documentation
❑ Final Plat Supporting Documentation
❑ Ordinance Ordinance
THE CITY OF Dubuque
UBE I
erica .i
Masterpiece on the Mississippi 2007-2012-2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Amendment to the Southwest Arterial Moratorium area
DATE: January 12, 2015
Planning Services Manager Laura Carstens is recommending City Council review and
approve the Ordinance to remove the property included in the Final Plat of Siegert's
Place Fifth Addition from the Southwest Arterial Corridor Moratorium area.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Micliael C. Van Milligen
MCVM:sv
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Laura Carstens, Planning Services Manager
THE CCFY OFDubuque
bftd
DUB E
Masterpiece on the Mississippi 11111.1
2007•2012-2W
TO: Michael Van Milligen, City Manager
FROM: Laura Carstens, Planning Services ManagerA&
SUBJECT: Amendment to the Southwest Arterial Moratorium area
DATE: January 9, 2015
INTRODUCTION
This memorandum transmits a revised Ordinance for the Southwest Arterial Corridor
Moratorium that excludes the property included in the Final Plat of Siegert's Place Fifth
Addition from the moratorium area. The Final Plat of Siegert's Place Fifth Addition is
also on the City Council agenda for review, and facilitates the sale of Lot 3 to
Richardson Motors for future commercial development. The Southwest Arterial Corridor
Moratorium prohibits the approval of subdivision plats for property within the established
moratorium area. The requested amendment will remove the property included within
the Siegert's Place Fifth Addition from the moratorium area.
DISCUSSION
The Southwest Arterial Corridor Moratorium was put into place to facilitate the
implementation of DMATS Long Range Transportation Plans where premature
development could interfere with the transportation project. The submitted Final Plat of
Siegert's Place Fifth Addition has been reviewed by the Iowa Department of
Transportation as part of the IDOT's Corridor Preservation Zone requirements. The
IDOT at this time has determined that acquisition of property is not necessary.
Planning, Engineering, and IDOT staff have conferred on the submitted Final Plat and
have determined that the approval of the plat will not be a detriment to the continued
development of the Southwest Arterial.
The property proposed to be removed from the Moratorium area will still be covered by
the ]DOT Corridor Preservation Zone for U.S. Highway 20 as well as the City's standard
review process for subdivision plats, rezonings and site developments.
RECOMMENDATION
I recommend the City Council review and approve the attached Ordinance to remove
the property included in the Final Plat of Siegert's Place Fifth Addition from the
Southwest Arterial Corridor Moratorium area.
Amendment to the Southwest Arterial Moratorium Area
Page 2
Thank you.
Prepared by Kyle L. Kritz, Associate Planner
Enclosures
cc: Barry Lindahl, City Attorney
Gus Psihoyos, City Engineer
Kyle L. Kritz, Associate Planner
Prepared by: LauraCarstens,CityPlanner Address: CityHa11,50W.13thSt Telephone: 589-4210
Return to: KevinFirnstahl,CityClerk Address: CityHall-50W.13.0 St Telephone: 589-4121
ORDINANCE NO. 06-14
AN ORDINANCE AMENDING DUBUQUE CODE OF ORDINANCES, TITLE 16 UNIFIED
DEVELOPMENT CODE, CHAPTER 11 LAND SUBDIVISION, SECTION 16-11-2
APPLICABILITY BY AMENDING 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 16-11-2 is amended to read as
follows:
Section 16-11-2: Applicability:
C. Southwest Arterial Corridor Subdivision Review: A proposed plat that divides any parcel within
the Southwest Arterial Corridor into two (2) or more lots, and any preliminary plat within the
Southwest Arterial Corridor must be submitted to the City Council for review. No plat for any
subdivision or resubdivision of property in the Southwest Arterial Corridor, as delineated on
drawings on file in the City Clerk's Office, may be approved by the City Council, from the
effective date hereof to July 1, 2015, except for the property within the Final Plat of Siegert's
Place Fifth Addition or where a vested right to the issuance of such approval accrued prior to the
effective date hereof.
Section 2. This ordinance shall take effect upon publication.
Passed, approved and adopted this 20th day of January, 2015.
Karla A. Braig, Mair Pro Tem
Attest:
Kevin S. Firnstahl, City . lerk
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: January 23, 2015, and for which the charge is $16.57.
ed,
Subscribed to before me Notary Public in and for Dubuque County, Iowa,
this e76a day of , 20 /1.
AileAt
otary Public in and for Dubuque County, Iowa.
ARY K, WESTERMEYER
CommiSsion 'Number 154885
y Corr1. Exp, FEB. 1, 2017
OFFICIAL I
PUBLICATION
ORDINANCE NO. 6-15
AMENDING DUBU-
QUE CODE - OF
ORDINANCES, TITLE
16 UNIFIED DEVEL-
OPMENT CODE,
CHAPTER 11 LAND
SUBDIVISION, SEC-
TION 1641-2 APPLI-
C
INA
GB
I
L
TI
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Y
E 7BMYOARMATEONRD:
IlUbA
NOW, THEREFORE, BE I
IT ORDAINED BY THE
CITY COUNCIL OF THE
CITY OF ..DUBUQUE,
IOWA:
Section 1. City of
Dubuque Code of
Ordinances Section 16- I
11-2 is amended to
read as follows:
Section 16-11-2:
Applicability:
C. Southwest Arterial
Corridor. Subdivision
I Review: A proposed
1 plat that divides any
sPoaurctehwl estwAitrhteiorial Cor
ridor into two (2) or
more lots, and any
preliminary plat within
the Southwest Arterial
Corridor must .be
submitted to the City
Council for review. No
plat for any subdivision
or resubdivision of pro-
perty in the Southwest
Arterial Corridor, as
delineated on drawings
on file in the City
Clerk's Office, may be
approved by ;the City
Council, from the
effective date hereof to
July 1, 2015, except for
the property within the
Final Plat of Siegert's
Place Fifth Addition or
where a vested right to
the issuance of such
approval accrued prior
to the effective' date
hereof. -
Section 2. This ordi-
nance shall take effect
upon publication.
Passed, approved and
adopted this 20th day
of January, 2015.
/s/Roy D.[Buol, Mayor
Attest: /s/ Kevin S.
Firnstahl, City Clerk.
Published officially in
the Telegraph Herald
newspaper on'the 23rd
day of January, 2015.
/s/ Kevin S. Firnstahl
• City Clerk
11 1/23
THE CITY OF Dubuque
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Vicinity Map
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p Applicants: William & Janet Siegert
Richardson Investments
AG Location: Dodge Street/US Highway 20 West
Next to Menard's
Description: Amend Southwest Arterial
_ Corridor Moratorium Area
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Legend
® Siegert's Place Fifth Addition
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DISCLAIMER:This Irrtomation was compiled using the
ti Dubuque Area Geographic Information System(DAGIS),which
C-3C includes data created by both the City of Dubuque and
RTF + Dubuque county. It is understood that,while the city of
Rig( h Dubuque and patapefing agencies utilized the most current
� end uccurade inforrmi available.DAGIS and its suppllers do
not warrant the accuracy or cvreni of the Information or data
R-1 contained herein. The City and mutated ng agences shall not
beheld liable for any direct indirect,Incdental consequential.
puni0va or spi damages.whether foreseeable or
unforeseeable anstng out of the authorized or unauthorized
e of this data or the inability to me this data or out of airy
breach of warranty whatsoe err.
AG C-3 ` 1:12,000 NORTH
Base Data Provided by Dubuque County GIS Path:H:\Planning Services\EVBVarcGlSMaps\Vicinity Map_SiegertsPlace.mxd
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Prepared by: SCHNEIDER Land Surveying and Planning, Inc. P.O.Bpx 128 Farley, Iowa 52046 Ph8563-744-3631
FINAL PLAT
SIEGERT ' S PLACE FIFTH ADDITION TO
THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
LOT 3 IN SIEGERT 'S PLACE THIRD ADDITION TO THE CITY OF DUBUQUE,
DUBUQUE COUNTY, IOWA AND PART OF LOT 1 AND PART OF LOT 2 IN THE
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 32,
TOWNSHIP 89 NORTH, RANGE 2 EAST OF THE 5th P.M., CITY OF DUBUQUE,
DUBUQUE COUNTY, IOWA
SURVEY REQUESTED BY:
BRISSEY REALTY
c/o JAMES BRADLEY
3388 KENNEDY CIRCLE, SUITE 2
DUBUQUE, IOWA 52002
PROPRIETORS:
WILLIAM A. SIEGERT
AND JANET L. SIEBERT
13836 OLD HIGHWAY ROAD
DUBUQUE, IOWA 52002
SURVEY DESCRIPTION — SIEGERT'S PLACE FIFTH ADDITION
TO THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA:
Lot 3 in Siegert's Place Third Addition to the City of Dubuque, Dubuque County,
Iowa and part of Lot i and part of Lot 2 in the Southwest Quarter of the
Northwest Quarter of Section 32, Township B9 North. Range 2 East of the 5th
P.M., City ofDubuque, Dubuque County Iowa, more particularly described as
follows: Beginning at the west Quarter corner of said Section 32; thence
N00'02'40"E, 1366.17 feet to the northwest corner of Lot 1 in the Southwest
Quarter of the Northwest Quarter of said Section 32; thence S89'36'57"E, 794.60
feet along the north line of said Lot i to the northwesterly right of way line
of U.S. Highway U20; thence 526'30'03"W, 1519.50 feet along said west line to the
Lo
south line of t 2 in the Southwest Quarter of the Northwest Quarter of said
Section 32; thence SB9.30'46"W. 117.63 feet along said south line to the point of
beginning, containing 14.29 acres, and beginning at the Center of said Section
32; thence S89'30'55"W. 1323,95 feet to the southwest corner of the Southeast
Quarter of theNorthwest Quarter of said Section 32 and the southeast corner of
Lot 2 in the Southwest Quarter of the Northwest Quarter of said Section 32;
thence 589'30'46"W 934.98 feet along the south line of said Lot 2 to the
southeasterly.righj of way line of U.S. Highwayy #20; thence N29'52'08"E, 975.14
feet along SUBh790 feet9along3'29said5h right feet
along lestodthe9ht
beginning of a right of way curve; thence northeasterly, 157.20 feet along said
curve having a radius of 2665.00 feet, concave to the southeast, a central angle
of 3'22'47" and a chord which bears N31'04'42"E, 357.18 feet to the westerly
corner of Parcel 'A' of Lot 2 in Siegert's Place Third Addition to the City of
Dubuque, Dubuque County, Iowa; thence S41'26'57"E, 988.49 feet along te
rth Addition.
aouthwesterly line of said Parcel 'A' and Lot 2 of Siegert's Place F u
City of Dubuque, Dubuque County, Iowa: thence along the southeasterly line of said
Lot 2, N47'20'42"E, 158.90 feet; thence N47'52'22"E, 255.60 feet; thence
N39.33'45"E. 290.47 feet; thence N3B'44'01"E, 219.03 feet; thence N60'56'17"E,
104.89 feet to the northeasterly corner of Lot 3 in Siegert's Place Third Addition
to the City of Dubuque, Dubuque County, Iowa; thence 900.28'48"W. 94.84 feet
to the northeast corner of the Southeast Quarter of the Northwest Quarter of said
Section 32; thence 500'18'58"W, 1353.47 feet along the east line of the
Southeast Quarter of the Northwest Quarter of said Section 32 to the paint of
beginning, containing 50.56 acres, for a total of 64.85 acres.
I hereby certify that this land surveying document vas SCHNEIDER
repared and the related survey work was Performed
Land Surveying
FINAL PLAT 'ANO gy me or under my direct personal supervision and that Y g
SL I m duly license a Surveyor under the laws of Q
=°j 9< he Ste a of x a. Planning. Inc.
v pAVIO P. m< P.B. Bo, 129
TOTAL AREA BCHNE[0 Farley. Iowa 52046
-� 01441] L zG�f Ph0 563-044-3631
64.85 ACRES T Davi P. Schneider P.L.S. f14417 p e; Fat 744-3629 Da
100 My license renewal date is December 31, 2015. Pro ect:1695FP
Date, 6/10/2014
Pages or sheets covered by this seal: SHEETS 1 AND 2 Sheet: i of 6
FOUND PUNCH MARK REG A3 S57 05 20 Mew /
R�2665.00 E0. A5: 20.51 BIEGERT'S PLACE IN MANHOLE COVER Nee 56 17 E //
LOT 3, �C� 3'22'47 20.79' THIRD AppLTION `Y
SIEBERT's 2nd PLACE, N31'04'42'E S-9'36'57"E (15374-01) WITH NOTCH IN 104 89
CITY OF DUBUQUE s3 THE MANHOLE RIM
Du6upuE CppniT, IOWA Ch-157.18' - 132.41' AND COVER TO
A-157.20' MAINTAIN PROPER 4yAofl1U/ 3
S69'36'57'E794.60' ALIGNMENT (TYP )
389'36',ja7+E 408 92' ql6-', ,Q-
REL. A5: N89'40'17"N ]94J0' �— 589'11'31"W 3335.63' 0 19� r m
�NW CORNER REC. AS: $89'58 II'E
NORTH LINE OF LOT 1, LOT 2
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SWS/4.NW3/4 EEC. 32.T09N.BOB. E FOURTH AOOITION v2 4! 1 ?O
OUBUOUE COUNTY. IOWA N42'33'! CITY OF DUBUQUE. / r
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OUBUQUECRUNTY TOWp ?
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NEAI31 T000�1H ` 1/4 CORNQ 77 77 1
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SEC. 32 S 33,TB9N.PRE.
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00 C. MONUMENT 0 200 400 600
FINAL PLAT LEGEND SCHNEIDER
SIEGERT'S PLACE FIFTH ADDITION TO $ SECTION CORNER Lana surveying
JF FOUND 1/2' REBAR w/ YELLOW CAP /14437 fi
THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA 0 SET 1/2' REBAR w/ YELLOW CAP #14417 Planning, Inc.
LOT 3 IN SIEGERT'S PLACE THIRD ADDITION TO THE CITY OF DUBUQUE, ♦FOUND 3/4' REBAR w/ YELLOW CAP #14414 P.O. Box 126
I FOUND IOWA DOT R.O,W. RAIL Ferl% Iowe 52046
DUBUQUE COUNTY, IOWA AND PART OF LOT 1 AND PART OF LOT 2 IN THE x FOUND CUT 'x' IN CONCRETE Ph'5G3-744-3631
•FOUND 1/2' REBAR (UNLESS NOTED) Fax 56s-744-3629
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 32, •FOUND 5/B" REBAR Pro"ecd 1896FP
TOWNSHIP%89 NORTH, RANGE 2 EAST OF THE 5th P.M.. CITY OF DUBUQUE, p(FOUND MAG NAIL Date: JO/J5/20J4
DUBUQUE COUNTY, IOWA G FOUND PUNCH MARK IN MANHOLE Sheet: 2 of-6