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
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EXHIBIT 1
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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
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CITY OF DUBUQUE, IOWA
MEMORANDUM
August 2,2000
TO:
Michael C. Van Milligen, City Manager
FROM:
Laura Carstens, Planning Services Manager ~
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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
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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 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
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.
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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
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