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