SW Arterial and EW Corridor_Development Moratorium AmendmentsMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Southwest Arterial Corridor and East -West Corridor Moratorium
Amendments
DATE: June 12, 2012
Dubuque
bierd
All-America City
1
2007
Assistant City Attorney Maureen Quann recommends City Council approval of four
ordinances which extend the moratoriums for construction and other work, rezoning,
subdivision review and site plan approval in the Southwest Arterial Corridor and the
East -West Corridor Study Area for an additional twelve months.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Maureen Quann, Assistant City Attorney
THE CITY OF
DUB
Masterpiece on the Mississippi
MEMORANDUM
MAUREEN A. QUANN, ESQ.
ASSISTANT CITY ATTORNEY
To:
City Manager
DATE: June 7, 2012
Michael C. Van Milligen
RE: Southwest Arterial Corridor and East -West Corridor Moratorium
Amendments
Attached are four (4) ordinances which extend the moratoriums for construction and
other work, rezoning, subdivision review and site plan approval in the Southwest Arterial
Corridor and the East -West Corridor Study Area. Maps of the Southwest Arterial
Corridor and the East -West Corridor Study Area are also attached. The existing
moratoriums are nearing expiration. After discussions with Planning and Zoning, we
recommend an extension of twelve (12) months to the moratoriums.
Upon your review and approval, I would recommend that the attached ordinances are
forwarded to the City Council for consideration. Thank you.
Enclosures
cc: Barry A. Lindahl, City Attorney
Laura Carstens, City Planner
Gus Psihoyos, City Engineer
Kyle Kritz, Associate Planner
Bob Schiesl, Civil Engineer
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001 -6944
TELEPHONE (563) 589 -4381 / FAx (563) 583 -1040 / EMAIL mquann @cityofdubuque.org
Prepared by: Maureen A. Quann, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 583 -4113
ORDINANCE NO. 36 -12
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 EXTENDING THE
MORATORIUM
Section 1. City of Dubuque Code of Ordinances Section 14 -2 -4 is amended to
read as follows:
Sec. 14 -2 -4: Moratorium For Construction Or Other Work On Certain Streets, Areas Or
Facilities:
A. Southwest Arterial Corridor: The city manager may 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, 2013, except where a vested right to the issuance of such permit accrued prior
to the effect date hereof.
B. East -West Corridor Study Area: The city manager may 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 demotion or emergency repairs,
without the approval of the city council, from the effective date hereof to July 20, 2013,
except where a vested right to the issuance of such permit accrued prior to the effective
date hereof.
Section 2. This Ordinance takes effect upon publication.
Passed, approved, and adopted thelsth day of June
Attest:
, 2012.
Roy D. Byf�61, Mayor
OFFICIAL
PUBLICATION
ORDINANCE NO. 36-12
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 EXTENDING THE
MORATORIUM
Section 1. City of
Dubuque Code of
I Ordinances Section 14-
2 -4 is amended to read
as follows:
Sec. 14 -2 -4: Morator-
ium For Construction
Or Other Work On
Certain Streets, Areas
Or Facilities:
A. Southwest Arterial
Corridor: The . city
manager may not issue
any permit for any new
construction or sub-
', stantial enlargement,
alteration, repair or
remodeling of any
structure, building, or
sign in the southwest
arterial corridor but
not to include demo-
lition, as delineated on
drawings on file in the
city clerk's office, from
the effective date
hereof to July 1, 2013,
except where a vested
right to the issuance of
such permit accrued
prior to the effect date
hereof.
B. East -West Corridor
Study Area: The city
manager may not issue
any permit for any new
construction or sub-
stantial 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 demotion or
emergency repairs,
without the approval, of
the city council, from
the effective date
hereof to August 20,
2013, except where a
vested right to the
issuance of such
permit accrued prior to
the effective date
hereof.
Section 2. This
Ordinance takes effect
upon publication.
Passed, approved,
and adopted the 18th
day of June, 2012.
/s /Roy D. Buol, Mayor
Attest: /s /Kevin S.
Firnstahl, City Clerk
Published officially in
the Telegraph Herald
on the 22nd day of
June, 2012.
/s /Kevin S. Firnstahl
City Clerk
it 6/22
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: June 22, 2012, and for which the charge is $19.25.
S 7°,4.
Subscribed to before me, otary Public in and for Dubuque County, Iowa,
this 6e9a day of , 20 /a— .
Notary Public in and for Dubuque County, Iowa.
MARY K. WESTERMEYER
Commission Number 154885 0
M
EFFECT OF AMENDMENT
Sec. 14 -2 -4: Moratorium for Construction Or Other Work on Certain Streets, Areas or
Facilities:
A. Southwest Arterial Corridor: The city manager shall may 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, 2012July 1, 2013, except where a vested right to the issuance of such permit
accrued prior to the effective date hereof.
B. East -West Corridor Study Area: The city manager s+may 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 Asst
20, 2012Auqust 20, 2013, except where a vested right to the issuance of such permit
accrued prior to the effective date hereof.
Prepared by: Maureen A. Quann, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 583 -4113
ORDINANCE NO. 37 -12
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 16 UNIFIED
DEVELOPMENT CODE, CHAPTER 9 ZONING ADVISORY COMMISSION
APPLICATIONS AND PROCEDURES, SECTION 16 -9 -5 -3 CITY COUNCIL ACTION
BY EXTENDING THE MORATORIUM
Section 1. City of Dubuque Code of Ordinances Section 16 -9 -5 -3 is amended to
read as follows:
Sec. 16- 9 -5 -3: City Council Action:
D. Moratorium For Rezonings In The Southwest Arterial Corridor: The city council
may 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, 2013, except where a vested right to the issuance of such
approval accrued prior to the effective date hereof.
Section 2. This Ordinance takes effect upon publication.
Passed, approved, and adopted the 18trday of June
, 2012.
Roy D. Bijol, Mayor
Attest:
Kevin ` Firnstahl, City lerk
OFFICIAL
PUBLICATION .
ORDINANCE NO. 37-12
AMENDING CITY OF
DUBUQUE CODE OF
ORDINANCES TITLE
16 UNIFIED DEVEL -.
OPMENT CODE,
CHAPTER 9 ZONING
ADVISORY COMMIS-
SION APPLICATIONS
AND PROCEDURES,
SECTION 16 -9-5 -3
CITY COUNCIL AC-
TION BY EXTENDING
THE MORATORIUM
Section 1. City of
Dubuque Code of
Ordinances Section 16-
9 -5 -3 is amended to
read as follows:
Sec. 16- 9 -5-3: City
Council Action:
D. Moratorium For
Rezonings In The
Southwest Arterial
Corridor: The city
council may 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, 2013— except
where a vested right to
the issuance of such
approval accrued prior
to the effective date
hereof.
Section 2. This
Ordinance takes effect
upon publication.
Passed, approved,
and adopted the 18th
day of June, 2012.
/s /Roy D. Buol, Mayor
Attest: /s /Kevin S.,
Firnstahl, City Clerk
Published officially in
the Telegraph Herald
on the 22nd -day of
June, 2012.
/s /Kevin S. Firnstahl
City Clerk
It 6/22
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: June 22, 2012, and for which the charge is $13.25.
4(1134-02—Pde
Subscribed to before m- otary Public in and for Dubuque County, Iowa,
this 274 day of , 20 42_, .
Notary Public in and for Dubuque County, Iowa.
MARY K. WESTERMEYER
Commission Number 154865
EFFECT OF AMENDMENT
Sec. 16- 9 -5 -3: City Council Action:
D. Moratorium For Rezonings In The Southwest Arterial Corridor: The city council
1 than may 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
1 date hereof to July 1, 2012July 1, 2013, except where a vested right to the issuance of
such approval accrued prior to the effective date hereof.
Prepared by: Maureen A. Quann, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 583 -4113
ORDINANCE NO. 38 -12
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 16 UNIFIED
DEVELOPMENT CODE, CHAPTER 11 LAND SUBDIVISION, SECTION 16 -11 -2
APPLICABILITY BY EXTENDING THE MORATORIUM
Section 1. City of Dubuque Code of Ordinances Section 16 -11 -2 is amended to
read as follows:
Sec. 16 -11 -2: Applicability:
C. Southwest Arterial Corridor Subdivision Review: A proposed plat that divides any
parcel within the southwest arterial corridor into two (2) or more lots, and any
preliminary plat within the southwest arterial corridor must 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,
may be approved by the city council, from the effective date hereof to July 1, 2013,
except where a vested right to the issuance of such approval accrued prior to the
effective date hereof.
Attest:
Section 2. This Ordinance takes effect upon publication.
Passed, approved, and adopted the l8thday of June
Firnstahl, City CI-��
, 2012.
4„/
Roy D. B oI, Mayor
OFFICIAL
PUBLICATION
ORDINANCE NO. 38-12
AMENDING CITY OF
DUBUQUE CODE OF
ORDINANCES TITLE
16 UNIFIED DEVELOP-
MENT CODE, CHAP-
TER • 11 LAND SUB-
• DIVISION, SECTION
16 -11 -2 APPLICA-
BILITY BY EXTENDING
THE MORATORIUM
Section 1. City of
Dubuque Code of
Ordinances Section 16-
11-2 is amended to
read as follows:
Sec. 16 -11 -2: Applica-
bility:
C. Southwest Arterial
Corridor Subdivision
Review: A. proposed
plat that divides any
parcel within the
southwest arterial
corridor into two (2) or
more lots, and any
preliminary plat within
the southwest arterial
corridor must 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 qfl file in
the city clerk's office,
may be approved by
the city council, from
the effective date
hereof to July 1, 2013,
except Where a vested
right to the issuance of
such approval accrued
prior to the effective
date hereof.
Section 2. This
Ordinance takes effect
upon publication.
Passed, approved,
and adopted the 18th
day of June, 2012.
/s /Roy D. Buol, Mayor
Attest /s /Kevin S.
Flrnstahl, City Clerk
Published officially in
the Telegraph Herald
on the 22nd day of
June, 2012.
/s /Kevin S. Firnstahl
City Clerk
it 6/22
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: June 22, 2012, and for which the charge is $13.87.
PiL
Subscribed to before me a Notary Public in and for Dubuque County, Iowa,
this ce7' day o , 20 /Z _
Notary Public in and for Dubuque County, Iowa.
MARY K. WESTERME
Commission Nurnber 154955
M Cep .
Ex FES, 1 24
EFFECT OF AMENDMENT
Sec. 16 -11 -2: Applicability:
C. Southwest Arterial Corridor Subdivision Review: A proposed plat that divides any
parcel within the southwest arterial corridor into two (2) or more lots, and any
1 preliminary plat within the southwest arterial corridor smust 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,
shallmay be approved by the city council, from the effect date hereof to July 1,
20122013, except where a vested right to the issuance of such approval accrued prior
to the effective date hereof.
Prepared by: Maureen A. Quann, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 583 -4113
ORDINANCE NO. 39 -12
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 16 UNIFIED
DEVELOPMENT CODE, CHAPTER 13 SITE DESIGN STANDARDS, SECTION 16 -13-
2 APPLICABILITY BY EXTENDING THE MORATORIUM FOR SUCH SITE PLANS
Section 1. City of Dubuque Code of Ordinances Section 16 -13 -2 is amended to
read as follows:
Sec. 16 -13 -2: Applicability:
E. Moratorium For Site Plans In The Southwest Arterial Corridor: The city planner
may 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, 2013, except where a vested right to the issuance of such approval accrued prior
to the effective date hereof.
Section 2. This Ordinance takes effect upon publication.
Passed,• approved, and adopted the l8thday of June
Attest:
, 2012.
Roy D. Bug!, Mayor
OFFICIAL
PUBLICATION
ORDINANCE NO. 39-12
AMENDING CITY OF
DUBUQUE CODE OF
ORDINANCES TITLE
16 UNIFIED DEVEL-
OPMENT CODE,
CHAPTER 13 SITE
DESIGN STANDARDS;
SECTION 16 -13 -2
APPLICABILITY BY
EXTENDING THE
MORATORIUM FOR
SUCH SITE PLANS
Section 1. City of
Dubuque Code of
Ordinances Section 16-
13 -2 is amended to
read as follows:
Sec. 16 -13 -2: Appli-
cability:
E. Moratorium For Site
Plans In The Southwest
Arterial Corridor: The
city planner may 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, 2013, except
where a vested right to
the issuance of such
approval accrued prior
to the effective date
hereof.
Section 2. This
Ordinance takes effect
upon publication.
Passed, approved,
and adopted the 18th
day of,June, 2012.
/s /Roy D. Buol, Mayor
Attest /s /Kevin S.
Firnstahl, City Clerk
Published officially in
the Telegraph Herald
on the 22nd day of
June, 2012.
/s /KevinS. Firnstahl
City Clerk
It 6/22
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: June 22, 2012, and for which the charge is $12.83.
"
Subscribed to before Notary Public in and for Dubuque County, Iowa,
this x270 day of , 20 /o7-, .
Notary Public in and for Dubuque County, Iowa.
MARY K WESTERMEYER
Commission Numbsr 154865
EFFECT OF AMENDMENT
Sec. 16 -13 -2: Applicability:
E. Moratorium For Site Plans In The Southwest Arterial Corridor: The city planner
1 than may 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
1 July July 1, 20122013, except where a vested right to the issuance of such approval
accrued prior to the effective date hereof.
Masterpiece on the Mississippi
East-West Corridor Connectivity Study
Construction and Development Moratorium
acmQV[ MLA aaosunnc nuua..no+arsne
DISCLAIMER: This- InfcrmaUon was ccmpl led
using the Dubuque Area Geographic Information System
lDAGIS), whldi Includes data created by both the City of
Dubuque and Dubuque Canty. it G urrierstmd that, while
the City of Dub g e and participating agencies utilized the
most current and accurate hfcrmetkn available, DAGIS and
it's suppliers do not warrant the accuracy tt currency of tie
information or data contained herein. TM City and parUCbatirg
agendas shall not be hell liable for any dsect, Ind'rect, Incidental,
consequential, ptnittve, or special damages, whether foreseeable a
unforeseeable, arising out orthe authc Ced or unauthorized use of
this data or the Inability to use this data or out of any breach of
warranty whaMoevan.
Moratorium Limits
W
N
EXHIBITA
Map Prepared by: TVUC
City of Dubuque
Engineering Division
50 West 13th Street
Dubuque, Iowa 52001
Phone: (563) 589 -4270
Fax: (583) 589-4205
H:\Engineering\Maps for Staff
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