Code of Ordinances Amendment - Title 14 East-West Corridor Moratorium Ext Copyright 2014
City of Dubuque Action Items # 6.
ITEM TITLE: Code of Ordinances Amendment- Title 14 East-West
Corridor Moratorium Extension
SUMMARY: City Manager recommending approval of a three-year
extension to the moratorium for construction, rezoning,
subdivision review, and site plan approval in the East-West
Corridor Study Area.
ORDINANCE Amending City of Dubuque Code of
Ordinances Title 14 Building and Development, Chapter 2
Building Construction, Demolition and moving, Section 14-
24 Moratorium for Construction or Other Work on Certain
Streets, Areas, or Facilities by extending the Moratorium
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion
A
ATTACHMENTS:
Description Type
East-West Corridor Moratorium E#ension-MVM Memo City Manager Memo
Staff memo Staff Memo
Map Supporting Documentation
Ordinance Ordinance
Suggested Motion Supporting Documentation
THE CITY OF Dubuque
UBE I
erica .i
Masterpiece on the Mississippi 2007-2012-2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: East-West Corridor Moratorium Extension
DATE: July 25, 2016
Planning Services Manager Laura Carstens and Assistant City Engineer Bob Schiesl
are recommending City Council approval of a three year extension to the moratorium for
construction, rezoning, subdivision review, and site plan approval in the East-West
Corridor Study Area.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Micliael 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
Bob Schiesl, Assistant City Engineer
THE CITY OF Dui que
DUB E 1111aI I
Masterpiece on the Mississippi
3007•N12•303
TO: Michael Van Milligen, City Manager
FROM: Laura Carstens, Planning Services Manager 'i
Bob Schiesl, Assistant City Engineer poS
SUBJECT: East-West Corridor Moratorium Extension
DATE: July 21, 2016
Introduction
This memorandum transmits an ordinance which extends the moratorium for construction,
rezoning, subdivision review, and site plan approval in the East-West Corridor Study Area. Also
attached is a map of the corridor.
Discussion
The East-West Corridor is subject to continuing implementation of a long-range plan. The
existing development moratorium for the East-West Corridor is nearing expiration. Premature
development could interfere with this critical transportation project.
The proposed moratorium will provide City staff the time needed to evaluate the impact to
property along the corridor in terms of property acquisition, site development, and land use.
The proposed roundabouts and right-of-way acquisitions outlined in HDR's final version of the
East-West Corridor Connectivity Study have the potential to impact adjacent property in terms of
access, land use, and site development. The moratorium will have the effect of limiting property
improvements along the corridor for the duration of the moratorium. Such improvements, if
allowed to proceed, could raise the cost to the City for future construction of improvements in
the corridor.
The attached ordinance extends the moratorium for the East-West Corridor for three years.
Previously, the moratorium has been extended on a yearly basis since its initial adoption in
2012. The project is in the five-year Capital Improvement Plan and funding for the project has
been identified.
Recommendation
The Planning Services Department and Engineering Department request and recommend an
extension of three years for the moratorium. The Legal Department concurs. We recommend
that the City Council review and approve the ordinance to extend the moratorium for the
East/West Corridor Study Area for three years.
Enclosures
cc: Barry Lindahl, City Attorney
Maureen Quann, Assistant City Attorney
Gus Psihoyos, City Engineer
Kyle Kritz, Associate Planner
m� East-West Corridor Connectivity Study
mus° Construction and Development Moratorium DAGIS
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Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St Telephone: 589-4210
Return to: Kevin Firnstahl, City Clerk Address: City Hall- 50 W. 13th St Telephone: 589-4121
ORDINANCE NO. 39-16
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:
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, 2019, except where a
vested right to the issuance of such permit accrued prior to the effective date
hereof.
Section 2. This ordinance shall take effect upon publication
Passed, approved and adopted this 1st day ofgu , 20 6.
Roy D. Buo Mayor
Attest:
Kevin S. ` irnstahl, City CI- k
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 05, 2016, and for which the charge is $16.35.
Subscribed tobefore me, a Notary Public in and for Dubuque County, Iowa,
this 466- day of , 2014
Notary Public in and for Dubuque County, Iowa.
ANY I%, WESTERMEYER
Commission Number 154885
My ~;•'r^1. Exp. FEB. 1, 2017
OFFICIAL:
PUBLICATION
ORDINANCE NO. 39-16
AMENDING CITY OF
DUBUQUE CODE OF '1
ORDINANCES TITLE#
14 BUILDING AND DE-
VELOPMENT, CHAP-
TER 2=BUILDING CON
STRUCTION, DEIvIOLI-
TSECTIOIONTIOANDN.14-2=4°
' MOV4MINGOR-
,
ATORIUM FOR CON-
STRUCTION OR OTH-
ER : WORK ON CER-
TAIN 'STREETS,"
AREAS, OR. FACILI-
TIE,MORAS BY EXTENDING
THE�`T- M
NOW, `rHEREORIFOF E, BE
IT EW
CITY COUNCILORDAIND QFBY THETHE
CITY OF DUBUQUE, 10-
WA:
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 Construction
or Other Work' on Cer-
tain Streets, Areas or
Facilities:
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
filet 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, 2019,`!
except 'where a vested
right to the issuance of`
such permit accrued
prior to the effective
date hereof.
Section 2. This ordi-
nance shall take effect
upon publication
Passed, approved, and
adopted the 1st day of
August, 2016.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S.
Firnstahl, City Clerk
Published' officially in
the Telegraph Herald
newspaper on the 5th
day of August, 2016.
/s/Kevin S. Firnstahl,
City Clerk
it 8/5