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Code of Ordinances_U.S. Hwy 10 Development MoratoriumMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Highway 20 Corridor Study Area Moratorium DATE: July 30, 2013 Dubuque band AI- America City IIIii! 2007 • 2012 • 2013 Planning Services Manager Laura Carstens recommends City Council approval of four ordinances to create the 12 -month moratorium for the Highway 20 Corridor Study Area. 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 THE CTTY OF Dubuque DUB 111141A11- Americacit� MEMORANDUM Masterpiece on the Mississippi Zoo, I I I . Zo,, TO: Michael Van Milligen, City Manager FROM: Laura Carstens, Planning Services Manager SUBJECT: Highway 20 Corridor Study Area Moratorium DATE: July 29, 2013 Introduction This memorandum transmits four ordinances which create the moratorium for construction, rezoning, subdivision review, and site plan approval in the Highway 20 Corridor Study Area. Also attached is a map of the corridor study area. Discussion The Highway 20 Corridor Study Area is subject to continuing implementation of long - range plans. Premature development could interfere with these critical transportation projects. The Planning Services, Building, and Engineering Departments request and recommend a moratorium of twelve (12) months for the Highway 20 Corridor Study Area. The Legal Department concurs. Recommendation I recommend that the City Council review and approve the four ordinances to create the moratorium for the Highway 20 Corridor Study Area. Enclosures cc: Barry Lindahl, City Attorney Maureen Quann, Assistant City Attorney Gus Psihoyos, City Engineer Rich Russell, Building Services Manager Kyle Kritz, Associate Planner T: \Planning \Moratoium \Highway 20 Moratorium Memo to MVM.doc THE CITY OF DUB Masterpiece on the Mississippi Highway 20 Corridor Preservation Zone Moratorium Boundary and Properties D�AG IS DUBUQUE AREA G_,GaAPHIf INFCR,a.Io,v=.,TEll DISCLAIMER: This Information was compiled sing 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, usequential, punitive, or special damages, whether foreseeable or nforeseeable, 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. Selection Method: Any Property Intersecting Moratorium Boundary N W E S Moratorium Boundary (IA -DOT) Moratorium Property Dubuque City Limits City of Dubuque Engineering Division 50 West 13th Street Dubuque, Iowa 52001 Phone: (563) 589 -4270 Created by: TWK 2013 07 -25 -2013 H: \Engineering \Highway 20 CPZ \Highway 20 CPZ.mxd Prepared by: Maureen A. Quann, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 - 583 -4113 ORDINANCE NO. 44 -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 ADDING AN ADDITIONAL STUDY AREA 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: C. Highway 20 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 highway 20 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 5th day of August, 2013. Roy D. B Mayor Attest: Trish L. Gleason, Assistant City Clerk EFFECT OF AMENDMENT Section 14 -2 -4: Moratorium For Construction Or Other Work On Certain Streets, Areas Or Facilities: C. Highway 20 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 highway 20 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. T:\ Planning \Moratoium114- 2- 4_Highway 20 Moratorium 2013.doc OFFICIAL PUBLICATION I ORDINANCE NO, 44-13 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE BUILDING ANb DE- VELOPMENT, CHAP- TER 2 BUILDING CON- STRUCTION, DEMOLI- TION AND MOVING, SECTION 14-2 -4 MOR ATORIUM FOR CONS STRUCTION OR OTH- ER WORK ON CER -1 TAIN STREETS,. AREAS OR FACILITIES I BY ADDING AN ADDI- TIONAL STUDY AREA 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: C. Highway 20 Corri- dor Study Area: The city manager may not I Issue any permit. for any new construction or substantial enlarge- ment, alteration, repair or remodeling of any structure, building, or sign in the highway 20„ corridor study area as shown on the map on file In the office of the city clerk, but not to -In- clude 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 rjght to the Issuance of such permit accrued prior effective ate h Section 2. This Ordi- nance takes effect upon publication. Passed, approved, and adopted the 5th day of August, 2013. /s /Rpy D. Buol, Mayor Attest: /s/Trlsh L. Gleason, . Assistant City Clerk Published officially In the Telegraph Herald i newspaper on the 9th dayof August, 2013. / s/Trish L. Gleason, Assistant City Clerk 1t8/9_ - 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: August 09, 2013, and for which the charge is $15.70. st-rrb's'-'2e Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this /& day of , 20 /,3 . Notary Public in and for Dubuque County, Iowa. P MARY K. WESTE:RMrYER to C,mmis ion Number 1.541185 Prepared by: Maureen A. Quann, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 - 583 -4113 ORDINANCE NO. 45-13 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 ADDING AN ADDITIONAL STUDY AREA 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: E. Moratorium For Rezonings In The Highway 20 Corridor Study Area: The city council may not give final approval to any zoning reclassification (rezoning) request for property in the highway 20 corridor study area 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 August 20, 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 5th day of August, 2013. Attest: Roy D. ,uol, Mayor Trish L. Gleason, Assistant City Clerk EFFECT OF AMENDMENT Section 16- 9 -5 -3: City Council Action: E. Moratorium For Rezonings In The Highway 20 Corridor Study Area: The city council may not give final approval to any zoning reclassification (rezoning) request for property in the highway 20 corridor study area 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 August 20, 2014, except where a vested right to the issuance of such approval accrued prior to the effective date hereof. T:\ Planning \Moratoium116- 9- 5- 3_Highway 20 2013.doc OFFICIAL PUBLICATION ORDINANCE NO. 45-13 AMENDING CITY OF I DUBUQUE CODE OF ORDINANCES TITLE 16 UNIFIED DEVELOP- MENT CODE, CHAP- TER 9 ZONING ADVI- SORY COMMISSION APPLICATIONS AND PROCEDURES, SEC - TION 16-94.3 CITY COUNCIL ACTION BY ADDING AN ADDI- TIONAL STUDY AREA Section 1. City of Du- buque Code of .Ordl- nances Section 16.9 -5- 3 is amended to read as follows: Section 16- 9 -5 -3: City Council Action: E. Moratorium For Flemings in The High- way 20 Corridor Study Area: The olty council may not give final ap- proval to any zoning reclassification (rezon- ing) request for prop- erty in the highway 20 corridor study area Iles 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 August 20, 2014, except I where a vested right to the Issuance of such approval accrued prior to the effective date I hereof. Section 2. This Ordi- nance takes effect upon publication. Passed, approved, and adopted the' 5th day of August, 2013. /s /Roy D. Buol, Mayor Attest: /s/Trish L. Gleason, Assistant City Clerk Published officially In the Telegraph Herald' newspaper on the 9th day of August, 2013. /s/Trish L. Gleason, Assistant City Clerk 1t 8/9 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: August 09, 2013, and for which the charge is $13.98. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this /94 day of , 20/.3 . Notary Public in and for Dubuque County, Iowa. MARY K. WESTERN -YER Commission Number 154886 Gomm$ FL '13 20,1!, Prepared by: Maureen A. Quann, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 - 583 -4113 ORDINANCE NO. 46-13 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 16 UNIFIED DEVELOPMENT CODE, CHAPTER 11 LAND SUBDIVISION, SECTION 16 -11 -2 APPLICABILITY BY ADDING AN ADDITIONAL STUDY AREA Section 1. City of Dubuque Code of Ordinances Section 16 -11 -2 is amended to read as follows: Section 16 -11 -2: Applicability: D. Highway 20 Corridor Study Area Subdivision Review: A proposed plat that divides any parcel within the highway 20 arterial corridor into two (2) or more lots, and any preliminary plat within the highway 20 corridor study area must be submitted to the city council for review. No plat for any subdivision or resubdivision of property in the highway 20 corridor study area, 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 August 20, 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 5t" day of August, 2013. �,� fJ, Roy �'�Ool, Mayor Attest: Trish L. Gleason, Assistant City Clerk EFFECT OF AMENDMENT Section 16 -11 -2: Applicability: D. Highway 20 Corridor Study Area Subdivision Review: A proposed plat that divides any parcel within the highway 20 corridor into two (2) or more lots, and any preliminary plat within the highway 20 corridor study area must be submitted to the city council for review. No plat for any subdivision or resubdivision of property in the highway 20 corridor study area, 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 August 20, 2014, except where a vested right to the issuance of such approval accrued prior to the effective date hereof. OFFICIAL PUBLICATION ORDINANCE NO. 4643 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 1 16 UNIFIED DEVELOP-1 MENT CODE, CHAP- TER 11 LAND SUBDI- VISION, SECTION 16- 11 -2 APPLICABILITY' BY ADDING AN ADDI- TIONAL STUDY AREA SeCtIOh 1. City of Du•' buque Code of Ordi- nances Section .16 -11 -21 Is amended to read as follows: Section 16-11-2: Ap- plicability: D. Highway 20 Corri- dor Study Area Subdi- vision Review: A pro- posed plat that divides any parcel within the highway 20 arterial; corridor Into two (2) or more lots, and any pre- ' liminary plat within the highway 20 corridor .study area must be submitted . to the city council for review. No plat for any subdivision or resubdivision of property In the high- way 20 corridor study area, 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 August 20, 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 5th day of August, 2013. /s /Roy D. Buol, Mayor Attest: /s/Trish L, Gleason, Assistant City Clerk Published officially in the Telegraph Herald newspaper on the 9th day of August, 2013. /s/Trish L. Gleason, Assistant CltyClerk 1t 8/9 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: August 09, 2013, and for which the charge is $14.62. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this /Z0 day of , 20/3 . 2,2evir Notary Public in and for Dubuque County, Iowa. ., * o-` - � MARY K. WkSTI;P,Mi =Y rR 11, commission Number 15e,M5 �; Prepared by: Maureen A. Quann, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 - 583 -4113 ORDINANCE NO. 47-13 AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES TITLE 16 UNIFIED DEVELOPMENT CODE, CHAPTER 13 SITE DESIGN STANDARDS, SECTION 16 -13- 2 APPLICABILITY BY ADDING AN ADDITIONAL STUDY AREA Section 1. City of Dubuque Code of Ordinances Section 16 -13 -2 is amended to read as follows: Section 16 -13 -2: Applicability: F. Moratorium For Site Plans In The Highway 20 Corridor Study Area: The city planner may not issue conditional or final approval for any site plan filed for property in the highway 20 corridor study area 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 August 20, 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 5th day of August, 2013. Attest: Trish L. Gleason, Assistant City Clerk EFFECT OF AMENDMENT Section 16 -13 -2: Applicability: F. Moratorium For Site Plans In The Highway 20 Corridor Study Area: The city planner may not issue conditional or final approval for any site plan filed for property in the highway 20 corridor study area 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 August 20, 2014, except where a vested right to the issuance of such approval accrued prior to the effective date hereof. OFFICIAL PUBLICATION ORDINANCE NO. 47-13 AMENDING THE CITY OF , DUBUQUE CODE OF ORDINAN- CES TITLE 16 UNIFIED DEVELOPMENT CODE, CHAPTER 13 SITE DESIGN STAND - ARDS, SECTION 16. 1 13 -2 APPLICABILITY BY ADDING AN ADDI- TIONAL STUDY AREA Section 1. City of Du i buque Code of Ordi- nances Section 16 -13 -2 Is amended'tq read as follows: Section 16 -13 -2: Ap- plicability: F. Moratorium For Site Plans In The Highway 20 Corridor Study Area: i The city planner may not Issue conditional or final approval for any site plan filed for prop- erty In the highway 20 corridor study area that Iles within the cor- porate limits of the city of Dubuque, as de -, Ilneated on drawings on file in the city' clerk's office, from the effective date hereof to August 20, 2014, except where a vested right to the Issuance of such approval accrued prior to the effective date hereof. Section 2. This Ordi- li nance takes effect upon publication. Passed, approved, and . adopted the 5th , day of August, 2013.. /s /Roy D. Buol, Mayor Attest: /s/Trlsh.L, Gleason, !Assistant City Clerk' Published officially In the Telegraph Herald newspaper on the 9th day of August, 2013. /s/Trish L. Gleason, Assistant City Clerk It 8/9 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: August 09, 2013, and for which the charge is $13.33. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this 4261 day of �� , 20 43 . Notary Public in and for Dubuque County, Iowa. MARY K. WESTERM YFR Commission Number 134685 i