Southwest Arterial Corridor and East/West Corridor Moratorium AmendmentsTHE CITY OF
Dui
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Southwest Arterial Corridor and EastNVest Corridor Moratorium
Amendments
DATE: June 9, 2014
Dubuque
band
AI -America City
r
2007 • 2012 • 2013
Planning Services Manager Laura Carstens recommends the City Council approve a 12
month extension on the moratoriums for construction, rezoning, subdivision review, and
site plan approval in the Southwest Arterial Corridor and the East-West Corridor Study
Areas.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
",'I144 ,,,,,,
Mic ael 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
Masterpiece on the Mississippi
Dubuque
hfrd
All -America My
II
2007 • 2012 •2013
TO: Michael Van Milligen, City Manager
FROM: Laura Carstens, Planning Services Manager a
SUBJECT: Southwest Arterial Corridor and East/West Corridor Moratorium
Amendments
DATE: June 4, 2014
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 Tong -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
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\mrettenb\wp\councillmemolsw arterial & east -west study moratorium ext mvm memo 2014.doc
Prepared by: Maureen A. Quann. Esq. 300 Main Street Suite 330 Dubuque IA 52001 563-583-4113
Return to: Maureen A. Quann, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563-583-4113
ORDINANCE NO. 38-14
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
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
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, 2015, 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,
2015, except where a vested right to the issuance of such permit accrued prior to the
effective date hereof.
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,
2015, except where a vested right to the issuance of such permit accrued prior to the
effective date hereof.
Attest:
Section 2. This Ordinance takes effect upon publication.
Passed, approved, and adopted the 16th day of )June, 2014.
Kevin
;07 ioifiw
irnstahl, City
lerk
Roy D. Buol,
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, 201/12015, 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,
201'12015, except where a vested right to the issuance of such permit accrued prior to
the effective date hereof.
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,
1 201'12015, 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. 39-14
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
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
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, 2015, 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 16th day,pf June, 2014.
Roy D. Btu 1, Mayor
Attest:
Kevin • . Firnstahl, City erk
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
1 date hereof to July 1, 201/12015, 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. 40-14
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
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
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, 2015,
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 16th day c June, 2014.
Roy D. Buq,T, Mayor
Attest:
Kevi Firnstahl, Cit , lerk
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 Tots, 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,
1 may be approved by the city council, from the effective date hereof to July 1, 201/12015,
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. 41-14
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
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
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, 2015, 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 6th day of July, 2014.
Al AL,
Roy D. Bu Mayor
Attest:
Kevin S. irnstahl, City C erk
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
1 July 1, 201'12015, except where a vested right to the issuance of such approval accrued
prior to the effective date hereof.
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Est -West CorridorConnectivity Study
Construction and Development Moratorium
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EXHIBIT
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E
STATE OF IOWA
DUBUQUE COUNTY
{SS:
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 20, 2014, and for which the charge is $26.23.
c9 -D -1A4 -x 7°6-4
Subscribed to before . a Notary Public in and for Dubuque County, Iowa,
this,97 day o� y , 20 //'- .
Notary Public in and for Dubuque County, Iowa.
• .OFFICIAL
PUBLICATION.
ORDINANCE NO. 38-14
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
1.BY EXTENDING THE
MORATORIUM
NOW, THEREFORE,
BE •IT ORDAINED BY
THE CITY COUNCIL
OF THE CITY OF DU-
I BUQUE, IOWA:
Section 1. City of Du-
buque Code of -Ordi-
nances Section 14-2-4
Is amended -to read as
follows:
Section 44-2-4: Mora-
torium For Construc-
tion Or Other Work On
MARY K. WESTERMEYER
Commission Number 154885
My Comm. Exp. FEB. 1, 2017
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 enI rgement,
alteration, repair or re-
ture, building, or sign
in the southwest arteri-
al- 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, 2015, except
'where a vested right to
'the issuance of such
permit accrued prior to
I the effective date here -
modeling of any struc-
of.,
B. East-West Corridor
Study Area: The clty
i manager may not Issue
i any permit for any new,
construction or sub-
stantial enlargement, j
alteration, repair or re-
modeling of any struc- I
ture buiiaing, or sign
!; in the east -west coal-
! dor study area as
j shown on the map on
file in the office of the
i ! city clerk, but not to In-
' elude demolition or
'1emergency repairs,
Ilwithout the approval of
the city council, from
the effective date here-
of to August 20, 2015,
except where a vested
right to the issuance of
such permit accrued
prior to the effective
date hereof.
I C. Highway 20 Corri-
I dor Study Area: The
city manager may not
;issue any permit for
any new construction
or substantial enlarge-
i 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,
I without the approval of
the city council, from
the effective date here-
' of to August 20, 2015,
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 16th j
day of June, 2014.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S.
• Firnstahl, City Clerk
Published officially in
the Telegraph Herald
newspaper on the 20th
day of June, 2014.
/s/Kevin S. Firnstahl,
City -Clerk
1t 6/20
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 20, 2014, and for which the charge is $14.62.
Subscribed to before
this ,p.,4 day
-6fA-
a Notary Public in and for Dubuque County, Iowa,
,20
otary Public in and for Dubuque County, Iowa.
MARY K.WESTERMEYER
CommIsslon 154885
Ily Gomm. Exp. FEB., 20117
OFFICIAL
PUBLICATION '1
ORDINANCE NO. 39-14 `
AMENDING CITY OF
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 THE
MORATORIUM •
NOW, THEREFORE,
BE IT ORDAINED BY
THE CITY COUNCIL
OF THE CITY OF DU-
BUQUE, IOWA:
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:
li
D. Moratorium For
Rezonings In The
Southwest Arterial Cor -
ridor: The city council
may not give final ap-
proval to any zoning
reclassification (rezon-
ing) request for prop-
erty In the southwest,"
arterial corridor that
lies within the corpo-
rate limits of the city of
V Dubuque, as delineated
on drawings on file In
Ithe city clerk's office,
from the effective date
hereof to July 1, 2015,
except where a vested
right to the Issuance of
such approval accrued
, prior "to the effective
date hereof.
•Section 2. This Ordi-
I nonce takes effect
upon publication.
Passed, approved,
and adopted the 16th
I day of June, 2014.
Attest:/s/Kevin n
/s/Roy
SMayor.
Flrnstahl, City Clerk
Published officially in
the Telegraph Herald
newspaper on the 20th
day of June, 2014.
/s/Kevin S. FlrCitClerk
1t 6/20
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 20, 2014, and for which the charge is $15.27.
Subscribed to before - a Notary Public in and for Dubuque County, Iowa,
this � f1j day o''� , 20 // .
Notary Public in and for Dubuque County, Iowa.
MARY K. WESTERMEYER
Commission Number 154885
My Comm, Exp. FEB. 1, 2017
OFFICIAL
PUBLICATION
ORDINANCE NO. 40-14
AMENDING CITY OF
DUBUQUE CODE OF
ORDINANCES TITLE
16 UNIFIED DEVELOP-
MENT CODE, CHAP-
TER 11 LAND SUBDI-
VISION, SECTION 16-
112 APPLICABILITY
BY EXTENDING THE
MORATORIUM
NOW, THEREFORE,
BE IT ORDAINED BY
THE CITY COUNCIL
OF THE CITY OF DU-
BUQUE, IOWA:
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 Iots,and any pre
-
1 liminary plat within the
southwest arterial cor-
ridor must be submit-
ted to the city council
i for review. No plat for
any subdivision or
i resubdivision of prop-
erty in the southwest
arterial corridor, as de -
1 lineated on drawings
on file in the city
clerk's office, may be
approved by the city
council, from the effec- i
tive date hereof to July .
1, 2015, except where a
vested right to the is-
suance of such appro-
val accrued prior to the ,
effective date hereof. I
Section 2. This Ordi-
nance takes effect
upon publication.
Passed, approved,
and adopted the 16th
day of June, 2014.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S.
Firnstahl, City Clerk
Published officially In
the Telegraph Herald
newspaper on the 20th
' day of June, 2014.
/s/Kevin S. Firnstahl,
City Clerk
1t 6/20
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 20, 2014, and for which the charge is $13.98.
.;,7(24
Subscribed to before �e, Notary Public in and for Dubuque County, Iowa,
this (.4W day o , 2044 .
Notary Public in and for Dubuque County, Iowa.
MARY K. WESTERMEYER
Commission Number 154885
My Comm. Exp. FEB. 1, 2017
OFFICIAL
PUBLICATION
ORDINANCE NO. 41-14
THE
CITY OFNDDUBUQUE
CODE OF _ ORDINAN-
CES TITLE 16 UNIFIED
DEVELOPMENT
PTER 13
SITEEDESIGN STAND-
ARDS, SECTION 16-
t 13-2 APPLICABILITY
BY EXTENDING THE
t MORATORIUM
BEN TWO ORDAINED BY {
THE CITY COUNCIL
OF THE CITY OF DU-
BUQUE, IOWA:
�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-
plIcablilty:
Moratorium For Site
Plans In The Southwest
Arterial Corridor: The
city planner may not
issue conditional or fl-
�.,ar app -oval for any
site plan filed for prop-
) erty In the southwest
arterial corridor that
lies within the corpo-
rate limits of the city of
11 Dubuque, as delineated
on drawing on .file In
the city clerk's office,
; from the effective date
hereof to July 1, 2015,
I except where a vested
right to the issuance of
such approval accrued
prior to the effective
I date hereof. •
Section 2. This Ordi-
nance takes effect
upon publication.
Passand adopted approved,
e 16th
day of June, 2014.
/s/Roy D. Buoi, Mayor
Attest: /s/Kevin S.
Firnstahl, City Clerk
Published officially in
the Telegraph Herald
newspaper on the 20th
day of June, 2014.
/s/Kevin S. Firnstahl,
It 6/20 City Clerk