Code of Ordinances Amendment - Titles 14 & 16 Southwest Arterial Moratorium Renewals Copyright 2014
City of Dubuque Action Items # 3.
ITEM TITLE: Code of Ordinances Amendment - Titles 14 & 16 Southwest Arterial
Moratorium Extensions
SUMMARY: City Manager recommending approval of four ordinances which extend the
moratoriums for the construction, rezoning, subdivision review, and site
plan approval in the Southwest Arterial Corridor and the EastM/est
Corridor Study Areas for an additional 12 months.
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
ORDINANCE Amending the City of Dubuque Code of Ordinances Title 16
Unified Development Code Chapter 13 Site Design Standards, Section 16-
13-2 Applicability by Extending the Moratorium
ORDINANCE Amending City of Dubuque Code of Ordinances Title 16
Unified Development Code Chapter 9 Zoning Advisory Commission
Applications and Procedures, Section 16-9-5-3 City Council Action by
Extending the Moratorium
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
❑ Southest Arteiral Corridor Moratorium Extension-MVM Memo City Manager Memo
❑ Staff Memo Staff Memo
❑ Maps Supporting Documentation
❑ Ordinance-Construction Moratorium Ordinance
❑ Ordinance-Rezoning Moratorium Ordinance
❑ Ordinance-City Council Action Moratorium Ordinance
❑ Ordinance-Land Subdivision Moratorium Ordinance
❑ Suggested Motion Supporting Documentation
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: Southwest Arterial Corridor and East/West Corridor Moratorium
Amendments
DATE: July 28, 2015
Planning Services Manager Laura Carstens recommends City Council approval of four
ordinances which extend the moratoriums for the construction, rezoning, subdivision
review, and site plan approval in the Southwest Arterial Corridor and the East/West
Corridor Study Areas for an additional 12 months.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Laura Carstens, Planning Services Manager
THE CITY OFRR Dubuque
U iJ E iHAme caC j
Masterpiece on the Mississippi
100'.3012.2013
TO: Michael Van Milligen, City Manager
FROM: Laura Carstens, Planning Services Manager
16c—
SUBJECT: Southwest Arterial Corridor and East[West Corridor Moratorium
Amendments
DATE: July 24, 2015
Introduction
This memorandum transmits four ordinances which extend the moratoriums for
construction, rezoning, subdivision review, and site plan approval in the Southwest
Arterial Corridor and the East/West Corridor Study Areas. Also attached are maps of
the two corridors.
Discussion
Both corridors are subject to continuing implementation of long-range plans. Premature
development could interfere with these critical transportation projects.
The existing development moratoriums for both corridors are nearing expiration. The
Planning Services Department and Engineering Department request and recommend
an extension of 12 months for the moratoriums. The Legal Department concurs.
Recommendation
I recommend that the City Council review and approve the four ordinances to extend the
moratoriums for the Southwest Arterial Corridor and East/West Corridor Study Areas.
Enclosures
cc: Barry Lindahl, City Attorney
Maureen Quann, Assistant City Attorney
Gus Psihoyos, City Engineer
Kyle Kritz, Associate Planner
o-a ti� r
(\ AA
_ F II /
118 yf
Y.
S30 a=w 11 --... _ X533 '• %/ • � / 0\
+• , 6 AredL Rcna - ✓� -/' _ te1z�"2 •\ o� -
� 13t
146
734
lis SIC
Vik-
NO
pr pO'
rip �\
Ael
j �Tow"
S6 ,•I yylti Y' [ r; nM.q� M& 4 .$.,''.:....'... S
I
I
.LS'l
e S `. ,' ; n ,aa �� 1 �,... •4r + - 'f:S,r,T ,. se= ?.i ,�, ..,p ,, .
\ ,. � .• _ l� LIF J; " ��*�7�.
lI 4 '
r
FK
A
WI 2
�� \ 5��1� '✓ �� \V \ tfa2 _
163, e♦.
A re 4 R�mevc�l
__ \ y�� \ b y Ord. 6-/�l j ``�.\ �\\ �i2e ir,, \ ,�\ - �♦s,�abo
a �tl Ili i �,� ^z
'13
.may \\.�^ I '\'� �� .,(x9; `\.�♦i\��•t \ '� L - �4
.129
� s
s/ �5 Shag • 4 �\
i]9y� N
iN �
�� -' 's 611 �� 6 ., •y�'
'� , \ !^ / j16] �� . ] 5},p• \ ZX,
$4. \ < SK � ✓� PP 1199
\ ee`
\s
j�? ■P+' � ,fie>� ��,� , :\.5°° �ee'�
1 _
\ ' AI• i� •l ' i
Dus TE
Mv[InpFrearlFe AlivwniYYi East-West Corridor Connectivity
Study
Construction and Development Moratorium
D••••••A•r..,..G.....9.<S...
...,.,,,.
Vr
,
4 \
\\ t\ ' \1 / \ moi•: A \ \ 1 \ t nY' \ � ST a\
r
rr
t r a an s \
p�.L Ik
Moratorium Limits W�E EXH�E@T A
VFM
rm.e:
[� urns 9ln[erlyNbP% mocar Syll
N-'�, vvine.r..r w.vrrv-un J Weni rWnire�Fve ¢pl
16
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: 589-4121
ORDINANCE NO. 46-15
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. Southwest Arterial Corridor: 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 southwest arterial corridor,
but not to include demolition, as delineated on drawings on file in the city
clerk's office, from the effective date hereof to July 1, 2016, except where a
vested right to the issuance of such permit accrued prior to the effective date
hereof.
B. 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 20, 2016, except where a
vested right to the issuance of such permit accrued prior to the effective date
hereof.
Attest:
C. Highway 20 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 Highway 20 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 of August 20, 2016, except where a vested
right to the issuance of such permit accrued prior to the effective date hereof.
Section 2. This ordinance shall take effect upon publication
Passed, approved and adopted this 3rd day of Aug st, 2015.
Roy D. Buol, iyor
Kevin Firnstahl, City " lerk
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: 589-4121
ORDINANCE NO. 47-15
AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES TITLE 16 UNIFIED
DEVELOPMENT CODE, CHAPTER 13 SITE DESIGN STANDARDS, SECTION 16-13-2
APPLICABILITY 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 16-13-2 is amended to read as
follows:
Section 16-12-2: Applicability:
E. Moratorium for Site Plans in the Southwest Arterial Corridor: The city planner may not
issue conditional or final approval for any site plan filed for property in the southwest arterial
corridor that lies within the corporate limits of the city of Dubuque, as delineated on drawings on
file in the city clerk's office, from the effective date hereof to July 1, 2016, except where a vested
right to the issuance of such approval accrued prior to the effective date hereof.
Section 2. This ordinance takes effect upon publication.
Passed, approved and adopted this 3rd day of August, 15.
Roy D. Buol, M/o
Attest:
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: 589-4121
ORDINANCE NO. 48-15
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 16 UNIFIED
DEVELOPMENT CODE CHAPTER 9 ZONING ADVISORY COMMISSION
APPLICATIONS AND PROCEDURES, SECTION 16-9-5-3 CITY COUNCIL ACTION
BY EXTENDING THE MORATORIUM
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of Ordinances Section 16-
9-5-3 is amended to read as follows:
Section 16-9-5-3: City Council Action:
D. Moratorium for Rezonings in the Southwest Arterial Corridor: The city council
may not give final approval to any zoning reclassification (rezoning) request for property
in the southwest arterial corridor that lies within the corporate limits of the city of
Dubuque, as delineated on drawings on file in the city clerk's office, from the effective
date of July 1, 2016, except where a vested right to the issuance of such approval
accrued prior to the effective date hereof.
Section 2. This ordinance takes effect upon publication.
Passed, approved and adopted this 3rd day of August, 2015.
Roy D. Buol, I)ayor
Attest:
Kevin .`Firnstahl,' City "`lerk
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: 589-4121
ORDINANCE NO. 49-15
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, 2016,
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.
Attest:
Section 2. This ordinance shall take effect upon publication.
Passed, approved and adopted this 3rd day of Au Q ust, 2015.
Roy D. Buoyrayor
Kevin . 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: August 7, 2015, and for which the charge is $26.45.
N,,er.vvt.ce3p
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this / &j day of a� , 20 /5 .
/17/1°44(
otary Public in and for Dubuque County, Iowa.
ARY K. WESTERMEYER
Commission Number 154885
omm. Exp. FEB. 1, 2017
OFFICIAL.
PUBLICATION
ORDINANCE NO. 4645
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 FACILI-
TIES BY EXTENDING `I
THE MORATORIUM.
NQW, THEREFORE, BE
IT ORDAINED BY THE
CITY COUNCIL OF THE rl
CITY - OF DUBUQUE,
IOWA:"
Section 1. City of
Dubuque Code r of
Ordinances Section 14
2-4 is amended to read
as follows:
Section 14-2-4: Mora-
torium for Construction
or ` Other '.Work on
Certain Streets, Areas
or Facilities:
A. Southwest Arterial
Corridor: The city
manager may not issue
any permit for any new
construction':: or sub-
stantial
eniargement,
alteration, repair or
remodeling ; .of any
structure, building or
sign in the southwest
arterial; corridor, but
not to includezdemo
lition, as delineated on
1
drawings on file in thee.
city clerk's office, from'I
the effective date
hereof to July 1, 2016,
except where a vested.
right to the issuance of
such ',permit accrued
prior to the effective
date hereof
B. East-West Corridor
Study Area: The city;l
manager may not issue
any,permit for any new
construction' or sub-
stantial enlargement,
alteration, repair or
remodeling " of any
structure, building, or
sign in the east -west.,
corridor study area as
shown on themap on I
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 l date
hereof to August 20'
2016, except where a
vested` right to the
issuance of such per-
mit accrued prior to
the effective date
hereof.
I C. Highway 20 Cor-
ridor Study Area: The
city manager may not
issue any permit for
new construction
or substant atl enlarge
mentany, alteration,; repair-
or remodel ng of any
structure, building, or
sign' in the Highway 20
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 of
August 20, 2016, except
where a' vested, right to
the issuance of such
permit accrued prior to
the . effective date
hereof.
Section 2. This
ordinance shall take
effect upon publication
Passed, approved and
adopted this 3rd day of "I
August, 2015.
/s/Roy, D. Buol, Mayor
Attest: /s/Kevin S.
Firnstahl, City Clerk
Published officially in
the Telegraph Herald
newspaper on the 7th
,day of August, 2015.
/S/Kevin S. Firnstahl,
City Clerk
it 8/7
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: August 7, 2015, and for which the charge is $14.19.
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this / day of , 20 /,S .
otart' Public in and for Du
MARY K, WESTERMEYER
Commission Number 154885
My Comm. Exp. FEB. 1, 2017
uque County, Iowa.
OFFICIAL
PUBLICATION
ORDINANCE NO. 47-15
AMENDING' 'i THE
CITY OF DUBUQUE
CODE OF. ORDI-
NANCES TITLE 16
UNIFIED DEVELOP-
MENT CODE, CHAP-
TER 13 SITE DESIGN
STD, S-
TIONtAN16-ARDS13-2 APPLECI-
CABILITY BY , EX-
TENDING THE MORA-
TORIUM
NOW, THEREFORE, BE
IT ORDAINED BY THE
CITY COUNCIL OF THE
CITY OF DU i
BUQUE,
IOWA:
Section 1. City of
Dubuque Code of
Ordinances Section 16-'I
13-2 is amended to
read as follows;' I
Section '16-13-2:
Applicability:
E. Moratorium for Site
Plans in the Southwest
Arterial Corridor: The
city planner may not
issue conditional or.
finalapproval for any
site plan filed for
property in the south-
west arterial corridor
that ';lies within the
corporate limits of the
city of Dubuque, as
delineated on drawings
on file inthe city
clerk's office, from the
effective date hereof to
July 1, '2016, except
where a vested, right to
the issuance of such
approval accrued prior
to the effective date`'.
hereof.
Section 2. This
ordinance effect
upon publication." -•
Passed,'approved and
adopted this 3rd day of
August, 2015.'
/s/Roy D. Buol,Mayor
Attest: /s/Kevin S.
Firnstahl, City.Clerk
Published officially in
the. Telegraph Herald
newspaper on the 7th
day of August, 2015.
1t 8/s//Kevin7 S. Firnstahl,
City Clerk
li
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: August 7, 2015, and for which the charge is $14.84.
(rt/r4A/t4- Pale
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this //,T01 day of / ,20/5
Notary Public in and for I'•uque County, Iowa.
�gARY K, WESTERMEYER.
ommission Number 154885
My Comm. Exp.FEB 1, 2017
-OFFICIAL
PUBLICATION
ORDINANCE NO. 45-15
AMENDING CITY OF
DUBUQUE CODE OF
ORDINANCES TITLE
16 UNIFIED'DEVELOP-
MENT CODE CHAP-
TER 9 ZONING
ADVISORY .COMMIS
COMMIS-
SION APPLICATIONS
AND' PROCEDURES,
SECTION 16-9-5-3
CITY COUNCIL AC11
-
TION` BY EXTENDING
THE MORATORIUM
NOW, THEREFORE, BE
IT ORDAINED BY THE
CITY COUNCIL OF THE
CITY OF DUBUQUE,
IOWA:
Section 1, That Title
16 of the City of
Dubuque',- Code of
Ordinances Section 16-<
i,9-5-3 is amended to
read as follows:.
Section 16-9-5-3: Cityl
Council Action:
D. Moratorium for
Rezonings in;" the
Southwest Arterial Cor-
ridor: The- city council
may not give final
approval to any zoning
reclassification (rezon-'
ing) request for pro-
perty in
ro-pertyzin the southwest
arterial, corridor that
lies within the
corporate limitsof the
city'. of Dubuque, as
delineated on drawings
on file in the city
clerk's office, from the
dof July 1, "
2016effec, ; except' where a
vested rightate to the
i issuance of = such
approval accrued prior
to the effective ` date
hereof.
Section.. 2.- This
ordinance takes effect
uporj publication.
Passed, approved and
adopted this 3rd day of
August, 2015.
/s/Roy D. Buol, Mayor
Attest:/s/Kevin S.
Firnstahl, City Clerk
the
PublishedTelegraph' officiallyHerald. in
newspaper on the 7th
day of August, 2015.
/s/Kevin 5. Firnstahl,
City Clerk
It 8/7
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: August 7, 2015, and for which the charge is $16.56.
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this ,/,,aday of a � , 20 /3- .
229 74.-Wd.,
Public in and for Dubuque County, Iowa.
Lt03 'i .nd ' x'2 WW0o �w
8t3t1L aogwnN uOiseiwwo0
HaISRM.'7i Ala1VRI
OFFICIAL
PUBjLICATION;,
ORDINANCE NO. 49-15.
AN ORDINANCE':
AMENDING DUBUQUE
CODE OF•': ORD-"
NANCES; TITLE ' 16
UNIFIED, DEVELOP-
' MENT CODE, -CHAP-
I,_ TER:, 11 , LAND SUB
DIVISION,;.,' SECTION
16-112, APPLICABIL':
ITY.; BY AMENDING•;
THE'MORATOFtIUM',
NOW, THEREFORE,
BE , IT ORDAINED BY
S) THE CITY COUNCIL
OF THE CITY OF
i DUBUQUE, IOWA:
Section 1. City - of
to Dubuque .Code, of
Ordinances Section 16-
11-2 ,,is amended to
read as follows:
Section ''16-11-2:':
Applicability:
Southwest Arterial
Corridor Subdivision
I Review: 'A proposed
plat that divides any I
parcel within the
Southwest Arterial
Corridor into two (2) or 1
more;, lots, and any
preliminary plat within
the Southwest'' Arterial
Corridor must.✓ be {
submitted to the City
I Council for review. No
plat for any subdivision=
" or resubdivision of
property in the
Southwest Arterial Cor-
ridor, 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, 2016,except for
the property with n 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 I
effect upon ;publica-
tion.
Passed, approved and I
adopted this 3rd day of
August, 2015.
/s/Roy D. Buo1, Mayor
Attest: /s/Kevin S.
Firnstahi, City Clerk ..
Published officially in
the Telegraph Herald
newspaper on the 7th;
day of August, 2015,
/s/Kevin S. Firnstahl,
i City Clerk
1t 8/7