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Extension of Southwest Arterial Development MoratoriumMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Southwest Arterial Corridor Development Moratorium DATE: December 27, 2010 Planning Services Manager Laura Carstens recommends City Council approval to extend the development moratorium in the Southwest Arterial Corridor to July 1, 2012. I concur with the recommendation and respectfully request Mayor and City Council approval. MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Laura Carstens, Planning Services Manager Michael C. Van Milligen Dubuque Ai-America CRy 1 2007 Masterpiece on the Mississippi TO: Michael Van Milligen, City Manager FROM: Laura Carstens, Planning Services Manager-. SUBJECT: Southwest Arterial Corridor Development Moratorium DATE: December 21, 2010 Dubuque Ita All- Amer+cacnr Ir m 2007 INTRODUCTION This memo transmits a request for the City Council to extend the development moratorium in the Southwest Arterial Corridor. Enclosed is an ordinance and drawings showing the moratorium area. DISCUSSION The City of Dubuque and the IDOT have engaged in a study of the Southwest Arterial Corridor, which now includes right -of -way acquisition for the preferred alignment. Without a moratorium, development could occur in the 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 has extended it twice since then. To extend this development moratorium, the City Council must approve amendments to Title 14 (Building and Development) and Title 16 (Unified Development Code) 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 Southwest Arterial Corridor until July 1, 2012. RECOMMENDATION Staff recommends that the City Council approve the attached ordinance to extend the development moratorium in the Southwest Arterial Corridor to July 1, 2012. Enclosures cc: Gus Psihoyos, City Engineer Bob Schiesl, Assistant City Engineer Rich Russell, Building Services Manager Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St Telephone: 589 -4210 Return to: Jeanne Schneider, City Clerk Address: City Hall- 50 W. 1 3`h St Telephone: 589 -4121 ORDINANCE NO. 7 -11 AN ORDINANCE AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES BY AMENDING TITLE 14 (BUILDINGS AND DEVELOPMENT), AND BY AMENDING TITLE 16 (UNIFIED DEVELOPMENT CODE) EXTENDING THE DEVELOPMENT MORATORIUM FOR THE SOUTHWEST ARTERIAL CORRIDOR TO JULY .1, 2012 Whereas, the Iowa Department of Transportation (IDOT) and the City of Dubuque are engaged in a study of the Southwest Arterial Corridor, which includes the right -of -way acquisition and final design for the preferred alignment; and Whereas, the City of Dubuque and IDOT have not concluded the study of the Southwest Arterial Corridor; and Whereas, the City of Dubuque and IDOT believe it is in the public interest to minimize potential conflicts during this study by extending the development moratorium for the Southwest Arterial Corridor. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Title 14 (Buildings and Development) Section 14 -2 -4 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: Section 14 -2 -4 A. Southwest Arterial Corridor: The City Manager shall 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, 2012, except where a vested right to the issuance of such permit accrued prior to the effective date hereof. Southwest Arterial Corridor Development Moratorium Page 2 Section 2. Title 16 (Unified Development Code) Section 11 -2 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: Section 11 -2 C. Southwest Arterial Corridor Subdivision Review: A proposed plat that divides any parcel within the Southwest Arterial Corridor into two or more lots, and any preliminary plat within the Southwest Arterial Corridor shall 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, shall be approved by the City Council, from the effective date hereof to July 1, 2012, except where a vested right to the issuance of such approval accrued prior to the effective date hereof. 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 -way along the preferred alignment of the 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 (Southwest Arterial) Corridor boundaries. The City Council shall also consider any recommendation from the So uthwest 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. Title 16 (Unified Development Code) Section 13 -2 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: 13 -2 D. Moratorium for Site Plans in the Southwest Arterial Corridor. The City Planner shall 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 1,2012, except where a vested right to the issuance of such approval accrued prior to the effective date hereof. 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 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 proposed site plan and subsequent development of the parcels. Section 4. Title 16 (Unified Development Code) Section 9 -5.3 of the City of Dubuque Code of Ordinances is hereby amended to read as follows: Southwest Arterial Corridor Development Moratorium Page 3 Attest: Section 9 -5.3 D. 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 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, 2012, except where a vested right to the issuance of such approval accrued prior to the effective date hereof. Notwithstanding the foregoing, the City Council may approve a requested rezoning upon a determination that the proposed rezoning will not negatively impact the acquisition of right -of -way along the preferred alignment of the 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. Passed, approved and adopted this 18th day of January 2011. 4. eanne F. Schneider, City Clerk Roy D. ol, Mayor . . _