Moratorium for Proposed Bluff Overlay DistrictTHE CITY OF DUBUQUE
Masterpiece on the Mississippi
Dubuque
All-American City
2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Moratorium for Proposed Bluff Overlay District
DATE: May 27, 2008
On May 19, 2008, the City Council referred to the City Manager concerns expressed by
a citizen about blufftop development.
In August 2006, the City Council established a Bluffland Advisory Committee.
The Bluffland Advisory Committee has proposed a Bluff Overlay District and a Work
Session to discuss this recommendation is scheduled for June 9, 2008, at 6:00 p.m.
Planning Services Manager Laura Carstens is recommending the establishment of a
moratorium for the proposed Bluff Overlay District.
The moratorium would be on the construction of new principal structures in the
proposed Bluff Overlay District from the date of publication in the local newspaper until
August 1, 2008. A permit could be issued where the property owner has a vested right
to the issuance of a permit prior to the effective date of the moratorium.
Without a moratorium, development could occur in the bluff overlay areas that might be
incompatible with future regulations.
I concur with the recommendation and respectfully request Mayor and City Council
approval
Michael C. an Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Laura Carstens, Planning Services Manager
THE CITY OF DUBUQUE
Masterpiece on the Mississippi
Dubuque
All-American City
2007
TO: Michael Van Milligen, City Manager
FROM: Laura Carstens, Planning Services Manager
SUBJECT: Moratorium for Proposed Bluff Overlay District
DATE: May 23, 2008
Introduction
This memorandum transmits an ordinance establishing a moratorium for the proposed
Bluff Overlay District, for consideration by the City Council. The ordinance includes an
exhibit map that depicts the bluff overlay areas.
Discussion
A moratorium can be established because the City Council has undertaken a study of
bluff preservation versus development, and appointed a Bluffland Advisory Committee
to provided recommendations on regulating construction in the blufflands.
The Bluffland Advisory Committee has proposed a Bluff Overlay District for
consideration by the City Council. This overlay district would be a new zoning
designation that would apply to properties in the bluff overlay areas.
The moratorium would be on the construction of new principal structures in the
proposed Bluff Overlay District from the date of publication in the local newspaper until
August 1, 2008. A permit could be issued where the property owner has a vested right
to the issuance of a permit prior to the effective date of the moratorium. (An example of
anew principal structure is anew home.)
Recommendation
Without a moratorium, development could occur in the bluff overlay areas that might be
incompatible with future regulations. To avoid this situation, the City Council should
consider establishing the moratorium.
cc Barry Lindahl, City Attorney
Tim O'Brien, Assistant City Attorney
Rich Russell, Building Services Manager
Gus Psihoyos, City Engineer
F:/USERS/LCARSTEN/WP?COUNCIU Memo MVM moratorium.doc
Prepared by: Laura Carstens. City Planner Address: Citv Hall. 50 W. 13th St Telephone: 589-4210
Return to: Jeanne Schneider. Citv Clerk Address: Citv Hall. 50 W. 13`" St Telephone: 589-4121
ORDINANCE NO. 37-08
AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES BYADOPTING A NEW
SECTION 11-58.7 MORATORIUM ON THE ISSUANCE OF A BUILDING PERMIT FOR
THE CONSTRUCTION OF NEW PRINCIPAL STRUCTURES IN THE BLUFF OVERLAY
DISTRICT
Whereas, the City Council has undertaken a study of regulation of construction on
or near bluffs and bluffland property; and
Whereas, the City Council finds that it is in the public interest to adopt a moratorium
on certain construction on or near bluffs and bluffland property until such time as the City
Council's study is completed.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City of Dubuque Code of Ordinances is amended by adding thereto
the following new section:
Sec. 11-58.7. Moratorium on Issuance of a Building Permit for the Construction of
New Principal Structures in the Bluff Overlay District:
The building official shall not issue a permit for the construction of any new
principal structures in the Bluff Overlay District identified on Exhibit A
attached hereto from the effective date of this Ordinance to August 5, 2008,
except where a vested right to the issuance of such permit accrued prior to
the effective date of this Ordinance.
Any person, firm or corporation aggrieved or adversely affected by the
building official's refusal to issue a permit pursuant to this moratorium shall
appeal therefrom to the City Council within thirty (30) days after the building
official's refusal to issue. The City Council may direct the building official to
ORDINANCE NO. - 08
Page 2
issue a permit where the City Council finds that the refusal to issue a permit
would deprive the owner of the property of a vested right.
Section 2. This Ordinance shall take effect upon publication.
Passed, approved and adopted this 2nd day of June, 2008.
Attest:
Jeanne F. Schneider, City Clerk
Roy D. Buol, Mayor
F:/USERS/LCARSTEN/WP/COUNCIL/Bluff Overlay District Moratorium.doc
Moratorium for Bluff Overlay District
Exhibit A