Loading...
East West Corridory Study Development MoratoriumMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Construction and Development Moratorium East -West Corridor Connectivity Study Area DATE: February 16, 2012 Dubuque bierd All-America City 1 2007 City Engineer Gus Psihoyos and Associate Planner Kyle Kritz recommend City Council establishment of a construction and development moratorium for commercial and residential properties located within the East -West Corridor Connectivity Study area. The proposed construction and development moratorium will prohibit the issuance of any commercial or residential building permits in the moratorium area through August 20, 2012, with the exception of demolition permits or permits for emergency repairs, without the approval of the City Manager. The proposed moratorium will provide City staff the time needed to evaluate the impact to property along the corridor in terms of property acquisition, site development, and land use. The proposed roundabouts and right -of -way acquisitions outlined in HDR's final version of the East -West Corridor Connectivity Study have the potential to impact adjacent property in terms of access, land use, and site development. The moratorium will have the effect of limiting improvements to property along the corridor for the duration of the moratorium. Such improvements, if allowed to proceed, could raise the cost to the City for future construction of improvements in the corridor. I concur with the recommendation and respectfully request Mayor and City Council approval. k;11709 Michael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Gus Psihoyos, City Engineer Laura Carstens, Planning Services Manager Kyle Kritz, Associate Planner 2 Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer Kyle Kritz, Associate Planner SUBJECT: Construction and Development Moratorium East -West Corridor Connectivity Study Area DATE: February 16, 2012 INTRODUCTION Dubuque kard All- America city 1.' 2007 The purpose of this memorandum is to recommend the establishment of a construction and development moratorium for commercial and residential properties located within the East -West Corridor Connectivity Study area as shown on the attached Exhibit A. BACKGROUND In August, 2007, the City Council listed the completion of the East - West Corridor Connectivity Study as a "High- Priority" in its Goals and Priorities for Policy Agenda. The US 20 corridor is the primary east -west route in the City of Dubuque and future traffic projects indicate US 20 alone will not provide sufficient capacity for east -west travel in the city. Capacity along alternate east -west corridors within the City will need to be improved to provide connectivity between the western growth areas and the downtown. To achieve this goal, the City retained the professional consultant services of HDR (Omaha, Nebraska) and I IW Engineers & Surveyors, PC (Dubuque) to complete the East - West Corridor Connectivity Study. The purpose of the study was to: analyze the east - west traffic flow in the City; identify corridor improvements or modifications to support growing traffic demands; and to consider transit needs, pedestrian needs, and sustainability. On November 17, 2009 the Engineering Department presented the East -West Corridor Connectivity Study Draft Report the City Council during a work session. After discussion of the various design alternatives contained in the report for each of the four corridors, the work session concluded with a unanimous endorsement of the report's concepts by the City Council and direction that the Engineering Department should proceed with an implementation plan. HDR issued the "Final" version of the East -West Corridor Connectivity Study which is dated September 2010. Since the last November, 2009 work session, the Engineering Department has developed a prioritized list of Capital Improvement Projects (CIP) involving the four east -west corridors and included the highest priority projects each subsequent year as part of the annual budget adoption proceedings. A list of the improvement CI P's that are currently programmed in the City's Five -Year Capital Improvement budget are as follows: CIP No. Project Description Funding Amount Year Programmed 3002324 University & Asbury Intersection Improvements $490,000 2012 - 2013 3001039 East -West Corridor Study Preliminary Engineering $200,000 2016 Additionally, the City has retained the services of Ourston Roundabout Engineering in the amount of $18,000 to perform a roundabout study and to develop a preliminary design layout for the University & Asbury Intersection location. DISCUSSION The proposed construction and development moratorium will prohibit the issuance of any commercial or residential building permits in the moratorium area, with the exception of demolition permits or permits for emergency repairs, without the approval of the City Manager. The proposed moratorium will provide City staff the time needed to evaluate the impact to property along the corridor in terms of property acquisition, site development, and land use. The proposed roundabouts and right -of -way acquisitions outlined in HDR's final version of the East -West Corridor Connectivity Study have the potential to impact adjacent property in terms of access, land use, and site development. The moratorium will have the effect of limiting improvements to property along the corridor for the duration of the moratorium. Such improvements, if allowed to proceed, could raise the cost to the City for future construction of improvements in the corridor. RECOMMENDATION I recommend that the City Council adopt the attached ordinance establishing the construction and development moratorium for the area as shown on the attached Exhibit A. ACTION REQUESTED I respectfully request that the City Council adopt the attached ordinance establishing the construction and development moratorium for the area as shown on the attached Exhibit A. Prepared by Robert Schiesl, Assistant City Engineer cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Rich Russell, Building Services Manager Laura Carstens, Planning Services Manager Kyle Kritz, Associate Planner Robert Schiesl, Assistant City Engineer Ron Turner, PLS ORDINANCE NO. 19 -12 AN ORDINANCE AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 2 BUILDING, CONSTRUCTION, DEMOLITION AND MOVING, SECTION 14 -2 -4: MORATORIUM FOR CONSTRUCTION OR OTHER WORK ON CERTAIN STREETS, AREAS OR FACILITIES, BY ADDING A NEW SUBSECTION B ESTABLISHING A MORATORIUM ON THE ISSUANCE OF BUILDING PERMITS FOR COMMERCIAL AND RESIDENTIAL CONSTRUCTION IN THE EAST -WEST CORRIDOR STUDY AREA Whereas, the City Council has approved the East -West Connectivity Study with the goal of improving connectivity between the western growth areas of the City and the downtown to analyze the east -west traffic flow in the City, identify corridor improvements or modifications to support growing traffic demands, and to consider transit needs, pedestrian needs, and sustainability; and Whereas, the East -West Connectivity Study has identified the University Avenue - Asbury Road corridor in the East -West Corridor Study Area as critical area for corridor improvements and modifications; and Whereas, the City Council finds that it is necessary to study further how such improvements and modifications may affect land use and site development in the East - West Corridor Study Area; and Whereas, the City Council finds that it is in the best interest of the City and its citizens to minimize the inconvenience and disruption to property owners in the study area and to minimize property acquisition costs for construction in the East -West Corridor Study Area and; and Whereas, the City Council finds that that a moratorium for the East -West Corridor Study Area will aid the City Council in its task of municipal planning and will play an important role in bridging the gap between planning and implementation of such plans; and Whereas, the City Council finds that a moratorium on development and construction will preserve the status quo while study of the area and its needs is completed. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. City of Dubuque Code of Ordinances Title 14, Chapter 2, Section 12 -2 -4 is hereby amended by adding the following new Subsection B: B. East -West Corridor Study area. 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 East -West Corridor Study Area as shown on the map on file in the office of the city clerk, but not to include demolition or emergency repairs, without the approval of the city council, from the effective date hereof to August 20, 2012, except where a vested right to the issuance of such permit accrued prior to the effective date hereof. Section 2. This Ordinance shall take effect upon publication. Passed, approved and adopted this 20th day of February 2012. Attest: 4110.O. - Kevi . Firnstahl, C ty Cler oy D. Buol, Mayor THE CITY OF DUB Masterpiece on the Mississippi East -West Corridor Connectivity Study Construction and Development Moratorium "DAGIS, 17011.1(711F AREA G_OGRArHIC INECRMATION SYSTEM DISCLAIMER: This information was compiled using the Dubuque Area Geographic Information System (DAGIS), which includes data created by both the City of Dubuque and Dubuque County. It Is understood that, while the City of Dubuque and participating agencies utilized the most current and accurate information available, DAGIS and it's suppliers do not warrant the accuracy or currency of the information or data contained herein. The City and participating agencies shall not be held liable for any direct, Indirect, incidental, unconsequential, punitive, o special damages, whether foreseeable or foreseeable, arising out of the authorized or unauthorized use of this data or the inability to use this data or out of any breach of warranty whatsoever. Moratorium Limits EXHIBITA Map Prepared by: TVVK City of Dubuque Engineering Division 50 West 13th Street Dubuque, Iowa 52001 Phone: (563) 589 -4270 Fax: (563) 589 -4205 H: \Engineering \Maps for Staff \Ron Turner \University Ave Concept OFFICIAL PUBLICATION ORDINANCE NO.14 -12 AN ORDINANCE AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DE- VELOPMENT, CHAP TER 2 BUILDING, CONSTRUCTION, DE- MOLITION AND MOVING, SECTIONI4- 2-4: MORATORIUM FOR CONSTRUCTION OR OTHER WORK;ON CERTAIN AREAS . OR F TJES, BY. ADD IN . ' Jl, NEW SUBSON ESTABLISHING A MORATORIUM ON THE ISSUANCE OF BUILDING PERMITS FOR COMMERCIAL. AND RESIDENTIAL CONSTRUCTION IN THE EAST -WEST CORRIDOR STUDY AREA Whereas, the City Council has approved the East -West Con- nectivity Study with the goal of improving connectivity between the western growth areas of the City and the downtown to analyze the east -west traffic flow in the City, identify corridor improvements or modi- fications to support growing traffic demands, and to consider transit needs, pedestrian needs, and sustainability; and Whereas, the East - West Connectivity Study has identified the University Avenue - Asbury Road corridor in the East -West Corridor Study Area as critical area for corridor improvements and modifications; and Whereas, the City Council finds that it is necessary to study further how such improvements and modifications may affect land use and site development in the East -West Corridor Study Area and Whereas, the City Council finds that it is in the best interest of the City and its citizens to minimize the inconvenience and disruption to property owners in the study area and to minimize property acquisition costs for construction. in • the East -West Corridor Study Area and; and Whereas, the City Council finds that that a moratorium for the East -West Corridor Study Area will aid the City Council in its task of. municipal planning and will play an important role in bridging . the gap between planning and implementation of such plans; and Whereas, the City Council finds that a moratorium on devel- opment and construc- tion will preserve the status quo while study of the area and its needs is completed. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. City of Dubuque Code of Ordinances Title 14, Chapter 2, Section 12 -2- 4 is hereby amended by adding the following new Subsection B: B. East -West Cor- ridor Study area. The city manager shall not issue any permit for any new construction or substantial enlarge- ment, alteration, repair or remodeling of any structure, building, or sign in the East -West Corridor Study Area as shown on the map on file in the office of the city clerk, but not to include demolition or emergency repairs, without the approval of the city council, from the effective date hereof to August 20, 2012, except where a vested right to the issuance of such permit accrued prior to the effective .date hereof. , Section 2. This Ordi- nance shall take effect upon publication.' Passed, approved and adopted this 20th day of February 2012. /s/ Rby D. Buol, Mayor Attest: /s/ Kevin S. Firnstahl, - City Clerk Published officially in the Telegraph Herald Newspaper this 24th day of February, 2012. /s/ Kevin S. Firnstal, City Clerk It 2/24 STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: February 24, 2012, and for which the charge is $32.91. ,S,„„Pip Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this J7z day of_ , Notary Public in and for Dubuque County, Iowa. " P MARY K, WESTERMEYER r,, N Commisalon Mumter 154285 _ {� tac ^� Ern EA. 1. 7fl•,,