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
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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
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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
.
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