Revised Moratorium Proposed Bluff Overlay DistrictTO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Revised Moratorium Area for Proposed Bluff Overlay District
DATE: June 11, 2008
Planning Services Manager Laura Carstens has provided a revised moratorium for the
Proposed Bluff Overlay District. As agreed in the City Council Work Session on the
Proposed Bluff Overlay District, only Priority A bluff overlay areas will receive additional
development regulation. Therefore, Priority B bluff overlay areas have been removed
from the moratorium.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Laura Carstens, Planning Services Manager
TO: Michael Van Milligen, City Manager
FROM: Laura Carstens, Planning Services Manager (~`~
SUBJECT: Revised Moratorium Area for Proposed Bluff Overlay District
DATE: June 10, 2008
This memorandum transmits an ordinance revising the moratorium for the proposed
Bluff Overlay District, for consideration by the City Council.
The enclosed ordinance eliminates the Priority B bluff overlay areas based on the City
Council's direction at the June 9, 2008 work session. The ordinance includes a new
exhibit map that depicts only the Priority A bluff overlay areas.
The moratorium would continue on the construction of new principal structures in the
proposed Bluff Overlay District from the date of publication in the local newspaper until
August 5, 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 a new home.)
I recommend that the City Council adopt the enclosed ordinance and new exhibit map
for a revised moratorium area.
cc Barry Lindahl, City Attorney
Tim O'Brien, Assistant City Attorney
Rich Russell, Building Services Manager
F:/USERS/LCARSTENM/P?COUNCIL! Memo MVM moratorium #2.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. 42-08
AMENDING ORDINANCE N0.37-08 ESTABLISHING A MORATORIUM ON THE ISSUANCE OF
BUILDING PERMITS FOR THE CONSTRUCTION OF NEW PRINCIPAL STRUCTURES IN THE
BLUFF OVERLAY DISTRICT BY DELETING FROM THE BLUFF OVERLAY DISTRICT THOSE
AREAS DESIGNATED AS PRIORITY B
Whereas, the City Council has undertaken a study of regulation of construction on or near
bluffs and bluffland property; and
Whereas, the City Council has adopted Ordinance No. 37-08 establishing a moratorium on
certain construction on or near bluffs and bluffland property until such time as the City Council's
study is completed; and
Whereas, the moratorium included those areas in the Bluff Overlay District designated as
Priority A and Priority B on Exhibit A attached to Ordinance No. 37-08; and
Whereas, the City Council has determined that those areas designated Priority B should not
be included in the moratorium area.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Ordinance No. 37-08 is amended by deleting Exhibit A and adopting in lieu
thereof Exhibit A attached hereto
Section 2. This Ordinance shall take effect upon publication. .
Passed, approved and adopted this 16th day of June, 2008.
Roy D. Buol, Mayor
Attest:
Jeanne F. Schneider, City Clerk
Bluff Overlay District
Exhibit A
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planning\bluff\BlufflandOverlayDistrict 06_10_08