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Code of Ordinances_SW Arterial and East/West Corridors MoratoriumMasterpiece 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 DATE: June 21, 2013 Dubuque kital All- America City II h/ 2012 Planning Services Manager Laura Carstens is recommending adoption of four ordinances which extend the moratoriums for construction, rezoning, subdivision review, and site plan approval in the Southwest Arterial Corridor and the East/West Corridor Study Areas. Both corridors are subject to continuing implementation of long -range plans. Premature development could interfere with these critical transportation projects. The existing development moratoriums for both corridors are nearing expiration. The Planning Services Department and Engineering Department request and recommend an extension of 12 months for the moratoriums. The Legal Department concurs. On June 17, 2013, the City Council approved a Memorandum of Understanding with the Iowa Department of Transportation. This Memorandum of Understanding will lead to the Iowa Department of Transportation taking over responsibility for the Southwest Arterial project, which is now a City of Dubuque project. This would be accomplished through a future Transfer of Jurisdiction Agreement, with the actual transfer occurring after the Southwest Arterial is open to traffic. The Southwest Arterial will be a 6.1 -mile, four -lane divided freeway between Highway 151/61 and Highway 20, which will provide an alternate, direct and efficient route for traffic through southwestern Dubuque. The project is designed to reduce traffic volumes and congestion on the local street system while supporting future growth to the southwest of Dubuque toward the Dubuque Regional Airport. Unlike the Northwest Arterial, there will be no stoplights or at -grade intersections on the Southwest Arterial. Instead, access to the freeway will only be at the interchange locations. The Southwest Arterial will also provide a direct connection from John Deere on the north, through the industrial park (Highway 20) on the west, to the Dubuque Technology Park (Highway 151/61) on the south. This will create a commercial transportation link to support the statewide, national and global distribution of local commerce and the continued growth and sustainability of Dubuque's regional economy. The Southwest Arterial is the number one surface transportation priority for the Greater Dubuque Development Corporation, the Dubuque Area Chamber of Commerce, the East Central Intergovernmental Association, Dubuque Metropolitan Area Transportation Study, Dubuque County and the City of Dubuque. The project is currently in the final engineering design phase. Property acquisition and archaeological and cultural resource mitigation phases of the project are also underway. As of June 2013, the City has purchased 27 of the 43 impacted properties for a total purchase expenditure of $5.9 million to -date. The City has been moving forward with a phased approach to construct the Southwest Arterial improvements that will provide immediate public benefits and create significant construction efficiencies. The first phase of construction began in September 2010, with the reconstruction of North Cascade Road. The $3 million project provided for the reconstruction (grading, paving and bridge) and realignment of North Cascade Road to allow the Southwest Arterial to travel under the new North Cascade Road Bridge. The North Cascade Road project was substantially completed in December 2012. The second construction phase, the $5.1 million English Mill Road reconstruction project will be bid in late 2013 or early 2014 and involves side road improvements that will allow the highway to travel under the new English Mill Road Bridge. The third construction phase, the $9 million Military Road reconstruction project, will be bid in late 2013 or early 2014 and involves side road improvements that will allow the highway to travel under the new Military Road Bridge. The current available funding for the Southwest Arterial is $66.4 million, which includes $32.8 million in federal appropriations, $17.8 million in state programmed funds, and local funding in the amount of $15.8 million. At current funding levels, there is a $68.7 million funding shortfall for the Southwest Arterial to complete the $135 million four -lane freeway project with three interchanges. The Iowa Department of Transportation Commission approved the five year plan on Tuesday, June 11, 2013. The program budget includes $15 million in Fiscal Year 2015, $20 million in Fiscal Year 2017, and $10 million in Fiscal Year 2018 for the Southwest Arterial project. On April 11, 2013, the DMATS Board voted to support the Iowa Department of Transportation taking over this project. The community has believed in this project for a long time and has believed in the ability of the elected officials, local leaders and staff to get it done. That faith has proven to be 2 well placed. There are many hurdles left before we are all driving on that road, but we certainly can see the light at the end of what has proven to be a very long tunnel. 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 Teri Goodmann, Assistant City Manager Laura Carstens, Planning Services Manager Gus Psihoyos, City Engineer Bob Schiesl, Assistant City Engineer 3 Masterpiece on the Mississippi Dubuque htti NI- America City 'IIIIa' 2012 TO: Michael Van Milligen, City Manager FROM: Laura Carstens, Planning Services Manager SUBJECT: Southwest Arterial Corridor and East/West Corridor Moratorium Amendments DATE: June 11, 2013 Introduction This memorandum transmits four ordinances which extend the moratoriums for construction, rezoning, subdivision review, and site plan approval in the Southwest Arterial Corridor and the East/West Corridor Study Areas. Also attached are maps of the two corridors. Discussion Both corridors are subject to continuing implementation of long -range plans. Premature development could interfere with these critical transportation projects. The existing development moratoriums for both corridors are nearing expiration. The Planning Services Department and Engineering Department request and recommend an extension of 12 months for the moratoriums. The Legal Department concurs. Recommendation I recommend that the City Council review and approve the four ordinances to extend the moratoriums for the Southwest Arterial Corridor and East/West Corridor Study Areas. Enclosures cc: Barry Lindahl, City Attorney Maureen Quann, Assistant City Attorney Gus Psihoyos, City Engineer Kyle Kritz, Associate Planner F:\ USERS \MrettenblWPICOUNCIL \MEMO \SW arterial & east -west study moratorium ext MVM memo.doo Prepared by: Maureen A. Quann, Esq. 300 Main Street Sulte 330 Dubuque IA 62001 563 - 583 -4113 ORDINANCE NO. 32 -13 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: Section 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, 2014, 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 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 August 20, 2014, 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 1st day of July , 2013. Attest: Kevin S Firnstahl, City Clerk EFFECT OF AMENDMENT Section 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, 20132014, 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 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 August 20, 2032014, 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.33 -13 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 MORATORIUM Section 1. City of Dubuque Code of Ordinances Section 16 -9 -5 -3 is amended to read as follows: Section 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, 2014, 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 lst day of July , 2013. Attest: Kevi S. Firnstahl, ity Clerk a L," • Roy D. B»bI, Mayor EFFECT OF AMENDMENT Section 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, 20-1- 32014, 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. 34 -13 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: Section 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, 2014, 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 1st day of July , 2013. Roy D. Btf, Mayor Attest: /7,0°' , •PAPP- 5_,B74 . Kevin S. Firnstahl, City Clerk EFFECT OF AMENDMENT Section 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, 20-1- 32014, 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. 35 -13 AMENDING THE 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 Section 1. City of Dubuque Code of Ordinances Section 16 -13 -2 is amended to read as follows: Section 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, 2014, 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 1st day of July , 2013. Attest: EPP 414 4.tr7/ •1111111 Kevin . Firnstahl, City erk Roy D. B , Mayor EFFECT OF AMENDMENT Section 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 I July 1, 2032014, except where a vested right to the issuance of such approval accrued prior to the effective date hereof. YHECITI eN DUB E )V}n<lrlpierr on 1JmMisslssing East -Test Corridor Connectivity Study Construction and Development Moratorium I-nGis V.saYnMITb dam nu snit t6s1).boaa toveiNt ethmtent iIm W141)). wa tntdtt QM cottW le aaa Ca cryof fWie ua dam .Nor 'AM. No eJac ddthIwe mmte.nm VA.IY1M Un.W dMn •nab. 1MEn Me en• annMsawn!aN own. V Mapd Vn •Em.t)ta to MNOmm'ulalldat•. 17W 04 UJOolklf- W c .k;plpnttSWU hb t aWb4r Y14ru IW41a.1 4a: w.1•nan vhi 4=:;4.4.1 Matt Nn *bbtattbmma114sYtttau 14 ynt.eer n.n.aa onativyn Moratorium Limits EXHIBOTA leap PiepaeJ by. TW.( Clyot DubLvo Mpintvin0 titylvion SOybal13111Sbeal Uubuqua. law 54001 Phano; d(6 569.4270 rek: (s4a)SOS420S 1 1k}Ip]leednp1Maps $or S$N 1k anTulnoNUniv0ranVO Cunaeq ' . • . . -01_i • ' :fbA • 'Q • ---3) C' 0," • Legal Notices OFFICIAL ' PUBLICATION ORDINANCE NO. 32-13 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DE- VELOPMENT, CHAP- TER 2 BUILDING CON- STRUCTION, DEMOLI- TION AND MOVING, SECTION 14-2 -4 MOR- ATORIUM FOR CON- STRUCTION OR OTH- ER WORK ON CER- TAIN STREETS, AREAS OR FACILITIES BY EXTENDING THE MORATORIUM Section 1. City of Du- buque Code of Ordi- nances Section 14-2 -4 is amended to read as follows: Section 14 -2-4: mora- torium For Construc- tion Or Other Work On Certain Streets, Areas Or Facilities: A. Southwest Arterial Corridor. The city man- ager may not issue any permit for any new construction or sub- stantial enlargement, alteration, repair or re- modeling of any struc- ture, building, or sign in the southwest arteri- al torridor 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, 2014, except where a vested right to the issuance of such permit accrued prior to the effective date here- of. 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 re- modeling of any struc- ture, building, or sign in the east -west corri- dor study area as shown on the map on file in the office of the city clerk, but not to in- chide demolition or emergency repairs, without the approval of the city council, from the effective date here- of to August 20, 2014, except where a vested right to the issuance of such permit accrued prior to the effective date hereof. Section 2. This Ordi- nance takes effect upon publication. Passed, approved, and adopted the 1st day of July, 2013. /s /Roy D. Buoi, tvlayor Attest: /s /Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 5th day of July, 2013. /s /Kevin S. Firnstahl, City Clerk It 7/5 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: July 05, 2013, and for which the charge is $19.78. Subscribed to befor a Notary Public in and for Dubuque County, Iowa, this //0 day o , 20 /3 Notary Public in and for Dubuque County, Iowa. -- MARY K. WESTERMEYSR Commission Number 134085 OFFICIAL • PUBLICATION ORDINANCE NO. 33-13 AMENDING CITY OF 1 DUBUQUE CODE OF ORDINANCES TITLE 16 UNIFIED DEVELOP- MENT CODE, CHAP- TER 9 ZONING. ADVI- SORY COMMISSION APPLICATIONS AND PROCEDURES, SEC- TION 16-9-5-3 CITY COUNCIL ACTION BY EXTENDING MORA- TORIUM Section 1. City of Du- buque Code of Ordi- nances Section 16 -9 -5- 3 is amended to read as follows: Section 16- 9 -5 -3: City Council Action: D. Moratorium For Rezonings In The Southwest Arterial Cor- ridor: The city council may not give final ap- proval to any zoning reclassification (re- zoning) request for property in the south- west arterial corridor that lies within the cor- porate limits of the city of Dubuque, as de- lineated on drawings on, file in the city clerk's office, from the effective date hereof to July 1, 2014, except where a vested right to the issuance of such approval accrued prior to the .effective date hereof. Section 2. This Ordi- nance takes effect upon publication. Passed, approved, and adopted the 1st day of July, 2013. /s /Roy D. Buol, Mayor Attest: /s /Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 5th day of July, 2013. /s /Kevin S. Firnstahl, City Clerk 1t 7/5 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: July 05, 2013, and for which the charge is $13.76. Rho Subscribed to before me otary Public in and for Dubuque County, Iowa, this /Ay, day of , 20 !3 . Notary Public in and for Dubuque County, Iowa. MARY K, WESTERMEYER Commission Number 154685 OFFICIAL PUBLICATION ORDINANCE NO. 34-13 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 16 UNIFIED DEVELOP- MENT CODE, CHAP- TER 11 LAND SUBDI- VISION, SECTION 16- 11-2 APPLICABILITY BY EXTENDING THE MORATORIUM Section 1. City of Du- buque Code of Ordi- nances Section 16 -11 -2 is amended to read as follows: Section 16 -11 -2: Ap- plicability: C. Southwest Arterial Corridor Subdivision Review: A proposed plat that divides any parcel within the southwest arterial cor- ridor into two (2) or more lots, and any pre - liminary plat within the southwest arterial cor- ridor must be submit- ' ted to the city council for review. No plat for any subdivision or resubdivision of prop- erty in the southwest arterial corridor, as de- lineated on drawings on file in the city clerk's office, may be approved by the city council, from the effec- tive date hereof to July 1, 2014, except where a vested right to the is- suance of such appro- val accrued prior to the effective date hereof. Section 2. This Ordi- nance takes effect upon publication. Passed, approved, and adopted the 1st day of July, 2013. /s/Roy D. Buol, Mayor Attest: /s /Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 5th day of July, 2013. /s/Kevin 5. Firnstahl, City Clerk 1t 7/5 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: July 05, 2013, and for which the charge is $14.19. Subscribed to before me Notary Public in and for Dubuque County, Iowa, this / /ix day of , 20 /J . Notary Public in and for Dubuque County, Iowa. MARY K. WESTERMEYER Commission Number 154885 ,aA OFFICIAL PUBLICATION ORDINANCE NO. 35-13 AMENDING, THE CITY OF " DUBUQUE CODE OF ORDINAN- CES TITLE 16 UNIFIED DEVELOPMENT CODE, CHAPTER 13 SITE DESIGN STAND- ARDS, SECTION 16- 13 -2 APPLICABILITY BY EXTENDING THE MORATORIUM Section 1. City of Du- buque Code of Ordi- nances Section 16 -13 -2 is "amended to read as follows: Section 16-13-2: Ap- plicability: ` E. Moratorium For Site Plans In The Southwest Arterial Corridor. The city planner may not issue conditional or fi- nal apOrozal for any site plan1'iled for prop- erty in the southwest arterial corridor that lies within the corpo- rate 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, 2014, except where a vested right to the issuance of such approval accrued prior to the effective date hilreof. Section 2. This Ordi- nance takes effect upon publication. Passed, approved, and adopted the 1st day of July, 2013. /s /Roy D. Buol, Mayor Attest: /s /Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper on the 5th day of July, 2013. /s /Kevin S. Firnstahl, City Clerk - 1t 7/5 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: July 05, 2013, and for which the charge is $12.90. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this //z day of d , 20 /,1 . 11'/ Notary Public in and for Dubuque County, Iowa. o*" e MARY K. WESTERMEYER • Commission Number 154885 k AAv.�o"�;