Development Moratorium IA 32 SW ArterialTO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Development Moratorium for the Iowa 32 (Southwest Arterial) Corridor
DATE: June 11, 2008
Planning Services Manager Laura Carstens is recommending the extension of the
development moratorium in the Iowa 32/Southwest Arterial Corridor.
The City of Dubuque and the IDOT are engaged in a study of the Southwest Arterial
Corridor, which will include right-of-way acquisition for the preferred alignment.
Without a moratorium, development could occur in the Iowa 32 (Southwest Arterial)
Corridor that might be incompatible with the future alignment of the highway. To avoid
this situation, the City of Dubuque established a development moratorium for the
Southwest Arterial Corridor in 2003, and subsequently extended it to July 1, 2008.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
~~~ .~
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Laura Carstens, Planning Services Manager
THE CITY OF Dubuque
DUB E ~"~'
1 1
Masterpiece an the Mississippi
2007
TO: Michael C. Van Milligen, City Manager
FROM: Laura Carstens, Planning Services Manager
SUBJECT: Development Moratorium for the Iowa 32 (Southwest Arterial) Corridor
DATE: May 28, 2008
Introduction
This memo transmits a request for the City Council to extend the development
moratorium in the Iowa 32 (Southwest Arterial) Corridor. Enclosed is an ordinance and
drawings showing the moratorium area.
Discussion
The City of Dubuque and the IDOT are engaged in a study of the Southwest Arterial
Corridor, which will include right-of-way acquisition for the preferred alignment.
Without a moratorium, development could occur in the Iowa 32 (Southwest Arterial)
Corridor that might be incompatible with the future alignment of the highway. To avoid
this situation, the City of Dubuque established a development moratorium for the
Southwest Arterial Corridor in 2003, and subsequently extended it to July 1, 2008.
To extend this development moratorium, the City Council must approve amendments to
Chapter 11 (Buildings and Building Regulations), Chapter 42 (Subdivision Regulations),
and Appendix A (the Zoning Ordinance) of the City Code. The enclosed ordinance will
extend the moratorium on the issuance of building permits, approval of subdivisions,
approval of site plans, and approval of rezoning requests in the Iowa 32 (Southwest
Arterial) Corridor until July 1, 2010.
Recommendation
Staff recommends that the City Council approve the attached ordinance to extend the
development moratorium in the Southwest Arterial Corridor to July 1, 2010.
Enclosures
cc Gus Psihoyos, City Engineer
Bob Schiesl, Assistant City Engineer
Rich Russell, Building Services Manager
F:/USERS/LCARSTEN/WP/COUNCIUSW Arterial/SW Arterial Building Permits memo.doc
Prepared by: Laura Carstens. Citv 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. 41-08
AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES BY AMENDING
CHAPTER 11 (BUILDINGS AND BUILDING REGULATIONS) SECTION 11-58.3, BY
AMENDING CHAPTER 42 (SUBDIVISION REGULATIONS) SECTION 42-16, AND BY
AMENDING APPENDIX A (THE ZONING ORDINANCE) SECTION 4-4.2(A) AND
SECTION 6-1.5.5, EXTENDING THE DEVELOPMENT MORATORIUM FOR THE .
IOWA~32 (SOUTHWEST ARTERIAL) CORRIDOR TO JULY 1, 2010.
Whereas, the Iowa Department of Transportation (IDOT) and the City of
Dubuque are engaged in a study of the Iowa 32 (Southwest Arterial) Corridor, which will
Include the right-of-way acquisition for the preferred alignment; and
Whereas, the Clty of Dubuque and IDOT have not concluded the study of the
Iowa 32 (Southwest Arterial) Corridor; and
Whereas, the City of Dubuque and IDOT believe it is in the public interest to
minimize potential development conflicts during this study by extending the
development moratorium for the Iowa 32 (Southwest Arterial) Corridor .
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA: '
Section 1. Chapter 11 (Buildings and Building Regulations) Section 11-58.3 of
the City of Dubuque Code of Ordinances is hereby amended to read as follows:
Section 11-58.3 Moratorium for Permits in the Iowa 32 (Southwest Arterial)
Corridor.
The Building Official shall not issue any permit for any new construction or
substantial enlargement, alteration, repair or remodeling of any structure,
building, or sign in the Iowa 32 (Southwest Arterial) Corridor but not to include
demolition, as delineated on drawings on file in the City Clerk's Office, from the
ORDINANCE NO. - 08
Page 2
effective date of this Section to July 1, 2010, except where a vested right to the
issuance of such permit accrued prior to the effective date of this Section.
Section 2. Chapter 42 (Subdivision Regulations) Section 42-16 of the City of
Dubuque Code of Ordinances is hereby amended to read as follows:
Section 42-16 Iowa 32 (Southwest Arterial) Corridor Review.
A proposed plat that divides any parcel within the Iowa 32 (Southwest
Arterial) Corridor into two or more lots, and any preliminary plat within the
Iowa 32 (Southwest Arterial) Corridor shall be submitted to the City Council for
review. No plat for any subdivision or resubdivision of property in the Iowa 32
(South.west Arterial) Corridor, as shown delineated on drawings on file in the City
Clerk's Office, shall be approved by the City Council, from the effective date of
this Section to July 1, 2010, except where a vested right to the issuance of such
approval accrued to any person, fine or corporation as a matter of law prior to the
effective date of this Section.
Notwithstanding the foregoing, the City Council may approve a proposed plat or
preliminary plat upon a determination that the proposed subdivision will not
negatively Impact the acquisition of right-of-vvay along the preferred alignment of
the Iowa 32 (Southwest Arterial) Corridor. The applicant shall provide the City
Council with a plat prepared by a licensed engineer or land surveyor that
accurately depicts the parcel(s) to be subdivided and the location of the Iowa 32
(Southwest Arterial) Corridor boundaries. The City Council shall also consider
any recommendation from the Southwest Arterial Technical Committee regarding
potential negative impacts, if any, that would result from approval of the proposed
plat or preliminary plat and the subsequent development of the parcel(s).
Section 3. Section 4-4.2(A) of Appendix A (The Zoning Ordinance) of the, City of
Dubuque Code of Ordinances is hereby amended to read as follows:
(A) Moratorium for Site Plans in the Iowa 32 (Southwest Arterial) Corridor.
The City Planner shall not Issue conditional or final approval for any site plan
filed for property in the Iowa 32 (Southwest Arterial) Corridor that lies within the
corporate limits of the City of Dubuque, as shown delineated on drawings on file
in the City Clerk's Office, from the effective date of this Section to July 1, 2010,
except where a vested right to the issuance of such approval accrued to any
person, firm or corporation as a matter of law poor to the effective date of this
Section.
Notwithstanding the foregoing, the City Council may approve a proposed site
plan upon a determination that the proposed site plan will not negatively impact
the acquisition of right-of-way along the preferred alignment of the Iowa 32
(Southwest Arterial) Corridor. The City Council shall also consider any
recommendation from the Southwest Arterial Technical Committee regarding
ORDINANCE NO. - 08
Page 3
potential negative impacts, if any, that would result from approval of the proposed
site plan and the subsequent development of the parcel(s).
Section 4. Section 6-1.5.5 of~Appendix A (The Zoning Ordinance) of the City of
Dubuque Code of Ordinances is hereby amended to read as follows:
Section 6-1.5.5 Moratorium for rezonings in the Southwest Arterial Corridor.
The City Council shall not give final approval to any zoning reclassification
(rezoning) request for property in the. Iowa 32 (Southwest Arterial) Corridor that
lies within the corporate limits of the City of Dubuque, as shown delineated on
drawings on file in the City Clerk's Office, from the effective date of this Section to
July 1, 2010, except where a vested right to the issuance of such approval
accrued to any person, firm or corporation as a matter of law poor to the effective
date of this Section.
Notwithstanding the foregoing, the City Council may approve a requested
rezoning upon a determination that the proposed rezoning will not negatively
impact t the acquisition of right-of-way along the preferred alignment of the Iowa
32 (Southwest Arterial) Corridor. The City Council shall also consider any
recommendation from the Southwest Arterial Technical Committee regarding
potential negative impacts, if any, that would result from approval of the
requested rezoning and the subsequent development of the parcel(s).
Section 5. This Ordinance shall take effect upon publication:
16th
Passed, approved and adopted this 16th day of June, 2008.
Attest:
eanne F. Schneider, City Clerk
Roy D. Buol, Mayor
F:/USERS/LCARSTENNVP/COU.NCIL/lowa 32 SW Arterial Moratorium Ordinance BAL.doc