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Permit Moratorium for Fourth Street PeninsulaPrepared by; Laura Carstens.City Planner Address: City Hall. 50 W. 13th St.. DubUQue. Iowa Telephone: 589-4210 ORDINANCE NO. 67-00 AN ORDINANCE AMENDING CHAPTER 11 (BUILDINGS AND BUILDING REGULATIONS) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY ADDING SECTION 11-58.2, ESTABLISHING A MORATORIUM FOR PERMIT APPLICATIONS ON THE FOURTH STREET PENINSULA. Whereas, the City of Dubuque is engaged in a master planning process for the Fourth Street Peninsula, which will include the establishment of development standards; and Whereas, the City of Dubuque desires to minimize potential development conflicts during this planning process by enacting a permit moratorium for the Fourth Street Peninsula ROD Redevelopment Overlay District. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF DUBUQUE, IOWA: Section'. Chapter" (Buildings and Building Regulations) of the City of Dubuque Code of Ordinances is hereby amended by adding Section "-58.2 as follows: Section 11-58.2 Moratorium - for work on the Fourth Street Peninsula. The Building Official shall not issue any permit for any new construction, demolition, or substantial enlargement, alteration, repair or remodeling of any structure, building or sign in the Fourth Street Peninsula ROD Redevelopment Overlay District during the twelve-month period from the effective date of this Section, except where a vested right to the issuance of such permit accrued to any person, firm or corporation as a matter of law prior to the effective date of this Section. Any person, firm or corporation so aggrieved by or adversely affected by the Building Official's refusal to issue a permit pursuant to this moratorium shall appeal therefrom to the City Council. The City Council may direct the Building Official to issue a permit during this twelve-month moratorium for any work in the Fourth Street Peninsula ROD Redevelopment Overlay District which the City Council believes would not negatively impact the master planning process for the Fourth Street Peninsula, upon a showing of good cause by the person, firm or corporation. Ordinance No. - 00 page 2 Section 2. This Ordinance shall take effect upon publication, as provided by law. Passed, approved and adopted this 7th day of August, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk ," " . " "., ., " EXHIBIT 1 ~ ~ ~ It" J ~ ~ . . . " . CITY OF DUBUQUE, IOWA MEMORANDUM August 3, 2000 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Permit Moratorium for Fourth Street Peninsula Planning Services Manager Laura Carstens and the Fourth Street Peninsula Work Group, as established in the Platinum Hospitality Development Agreement, are recommending a one-year moratorium on building permits for the Fourth Street Peninsula. This moratorium would allow the City to complete the Master Planning for this area, including the establishment of development standards. The City Council would reserve the right to approve building permits during the moratorium that do not negatively impact the planning process. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM/dd Attachment cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager Laura Carstens, Planning Services Manager 03/\\::;J::\8 r< c1n'd nn LS:Z\~!d t..-,.lI""U ~ . . . '. ~'. '. ., CITY OF DUBUQUE, IOWA MEMORANDUM August 2,2000 TO: Michael C. Van Milligen, City Manager FROM: Laura Carstens, Planning Services Manager ~ ~~ SUBJECT: Permit Moratorium for Fourth Street Peninsula This memo transmits a request from the Fourth Street Peninsula work group for the City Council to enact a building permit moratorium forthe Fourth Street Peninsula. A resolution and a map are attached. The Fourth Street Peninsula work group includes representatives of the various partners in the America's River project and the Vision Iowa application. One charge for this work group is to recommend a consulting firm to create a master plan for the peninsula. TheCity Council has approved a contract with the Durrant Group for Phase I of this master plan, which includes master planning for the area between the riverfront and Bell Street, from the Ice Harborto the Brewery. Phase II would include the rest of the peninsula west of Bell Street, and includes the establishment of development standards for the entire peninsula. Phase II has not yet begun; however, development could occur on the peninsula that might be incompatible with these future development standards. To avoid this situation, the work group recommends that the City Council establish a building permit moratorium for the Fourth Street Peninsula with the following provisions: a) the moratorium would be for a twelve-month period, to allow the work group to initiate and complete Phase II of the master planning process. b) the City Council would be able to approve building permits during the moratorium that they felt would not negatively impact the planning process. Attachments cc Fourth Street Peninsula work group Rich Russell, Building Services Manager "E " "" "" " 0 .. ~ " -d' ... .c: 0 ~ E - .:!i - "" <= ~ 0 .. = of ~ = 0 = ('I' ( ~ en U "" Lll .c: '" 0 wg;E ~ - ~ ... "" or " , i- ll.~& oS e = ~ '- " <t - OIl .,. .~ ::l <= a.z:: ..:0: .. .E = '00: ... ~ - , 0 ::.tCiiUl .. = 0 fit ~ U I- ,,)I" 0 Q " .:!i Lll-'" Z .. 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ESTABLISHING A MORATORIUM FOR PERMIT APPLICATIONS ON THE FOURTH STREET PENINSULA. Whereas, the City of Dubuque is engaged in a master planning process for the Fourth Street Peninsula, which will include the establishment of development standards; and Whereas, the City of Dubuque desires to minimize potential development conflicts during this planning process by enacting a permit moratorium for the Fourth Street . Peninsula ROD Redevelopment Overlay District. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF DUBUQUE, IOWA: Section 1. Chapter 11 (Buildings and Building Regulations) of the City of Dubuque Code of Ordinances is hereby amended by adding Section 11-58.2 as follows: Section 11-58.2 Moratorium - for work on the Fourth Street Peninsula. The Building Official shall not issue any permit for any new construction, demolition, or substantial enlargement, alteration, repair or remodeling of any structure, building or sign in the Fourth Street Peninsula ROD Redevelopment Overlay District during the twelve-month period from the effective date of this Section, except where a vested right to the issuance of such permit accrued to any person, firm or corporation as a matter of law prior to the effective date of this Section. . Any person, firm or corporation so aggrieved by or adversely affected by the Building Official's refusal to issue a permit pursuant to this moratorium shall appeal therefrom to the City Council. The City Council may direct the Building Official to issue a permit during this twelve-month moratorium for any work in the Fourth Street Peninsula ROD Redevelopment Overlay District which the City Council believes would not negatively impact the master planning process for the Fourth Street Peninsula, upon a showing of good cause by the person, firm or corporation. Ordinance No. - 00 page 2 Section 2. This Ordinance shall take effect upon publication, as provided by law. Passed, approved and adopted this 7th day of August, 2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk - , , , . . . CERTIFICATE OF CITY CLERK STATE OF IOWA ( COUNTY OF DUBUQUE I; Jeanne F. Schneider, do hereby certify that I am the duly appointed, qualified, and acting Clerk of the City of Dubuque, Iowa in the County aforesaid, and as such Clerk I have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached Ordinance No. 67-00 is a correct copy of the original Ordinance No. 67-00 approved and adopted by the City Council of the City of Dubuque, Iowa, at a session held by said Council on the 7th day of August, 2000. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa this 8th day of August, 2000. Jeanne F. Schneider City Clerk City of Dubuque, Iowa / .' , ~~ f'\ ~ :-; f' ...., = o -;: c:::>> c: >- ~ ~g:t ~ Oc, c:: C;z:-< en fT1-t~ . n-(-< \D 0:::02; :. rt'lz Og-i ~ :e",,,,: ;t>CJC w -,,1"1"1;=::.:' .. ,.,,:00, ,z:- c: :E Q ~~~ ~ --, ,. f . , ~f l'.J Co:l 'f o o