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Attachment 04_Building and Planning Services Department MemoMasterpiece on the Mississippi TO: Michael Van Milligen, City Manager FROM: Laura Carstens, Planning Services Manager Rich Russell, Building Services Manager SUBJECT: Response to SCTF Recommendations DATE: August 6, 2010 Dubuque bgbal All-America City rI �► a 2007 INTRODUCTION This memo transmits the response of the Planning Services Department and Building Services Department to the Safe Community Task Force (SCTF) Recommendations for Management of the Physical Environment shown below. The portions highlighted are the recommendations we believe are applicable to the duties, responsibilities, and programs of our departments. Our response is confined to these items. Management of Physical Environment 1. Install street lights in the middle of the block to brighten up the streets at night and increase visibility for residents. 2. Improve Dubuque neighborhoods by: (a) encouraging home ownership; (b) encouraging a mixed income approach to neighborhood development, (c) creating (or re- creating) a sense of place through good design. All buildings using city, state or federal dollars should be required to meet these objectives and all projects should be required to meet the City's sustainability goals. 3. Create an ordinance prohibiting the boarding of windows and doors facing streets. 4. Develop and enforce policies consistent with the "preservation briefs" to maintain historic properties. 5. Increase the number of trash receptacles on the street. 6. Increase the number of neighborhood clean -ups and educate the community on city waste disposal policies in an effort to clarify the purpose of neighborhood clean -up programs. Response to SCTF Recommendations Page 2 DISCUSSION Below is a discussion of the existing codes, policies and programs of the Planning Services Department and Building Services Department that pertain to the highlighted SCTF recommendations. Recommendation #2: Improve Dubuque neighborhoods by: (a) Encouraging home ownership: The City of Dubuque has zoned the vast majority of the community for residential development, from single- and two- family to multi- family. With the adoption of the Unified Development Code (UDC) in 2009, single - and two - family homes now are permitted in the R -3 and R -4 multi - family districts. This code change encourages home ownership city -wide. The City's Building Codes accommodate a variety of home ownership, from detached single family to attached townhouses to condominiums. The UDC retains the zoning provisions adopted in 1993 that allow non - conforming residential structures (such as homes in a commercial or industrial zone) to be rebuilt and renovated. This code provision has enabled people to remain in their homes and make home improvements that also improve their neighborhoods. In 2000, the City Council approved the creation of a Historic Preservation Housing Grant Program and a low interest Historic Preservation Revolving Loan Fund for properties in the City's Historic Districts. The grant program is limited to low and moderate income qualifying homeowners, while homeowners at any income level can qualify for the loan program. Both programs have been extended to Conservation Districts, Individually Designated Historic Properties and City Landmarks. There are 789 properties in Dubuque that are listed in the National Register of Historic Places (NRHP). The NRHP is the list of structures and sites significant to the history and culture of the United States. These properties are part of the Historic Districts or are Individually Designated Historic Properties or City Landmarks. In addition to these 789 properties, there are 914 NRHP- eligible properties that have been identified through the City's five phases of in -depth historic /architectural survey /evaluations. Many of these 914 structures are in Conservation Districts or Conservation Planning Areas. A map of all Historic Areas in found in Attachment #1. (b) Encouraging a mixed income approach to neighborhood development: In addition to the residential zoning mix described above, the UDC allows upper story housing in office, commercial, and industrial districts. These zoning regulations promote both a mixed -use and a mixed - income approach to neighborhood development. The City's Building Codes accommodate mixed development as well. (c) Creating (or re- creating) a sense of place through good design. All buildings using city, state or federal dollars should be required to meet these objectives Response to SCTF Recommendations Page 3 and all projects should be required to meet the City's sustainable goals. We have divided discussion into buildings, Section 106, streetscapes, and sustainability. BUILDINGS: The City Council mandates the design review for exterior renovations of buildings in Historic Districts as well as City Landmarks and Individually - Designated Historic Properties regardless of the funding source. In 2002, the City Council adopted the Architectural Guidelines Manual for Historic Districts, and then created the Historic Preservation Housing Grant Program and Historic Preservation Revolving Loan Fund to facilitate this required design review. Design review applications are handled by Planning Services staff, with Historic Preservation Commission (HPC) review for material changes in appearance. Code compliance, site inspections and enforcement of these design reviews is handled by Building Services staff with assistance as needed from Planning Services staff. The City Council also mandates design review of exterior building alterations in the Port of Dubuque and the Historic Millwork District regardless of funding source. These design reviews are handled by Planning Services staff. As of June 2009, the City Council mandated design review of exterior building alterations and public works projects, such as streetscapes, in the Downtown. The Downtown Design Guidelines must be followed, unless a waiver is granted by the HPC, for all projects using city, state or federal dollars. Design review applications are handled by Planning Services staff, with Historic Preservation Commission (HPC) review for material changes in appearance. Code compliance, site inspections and enforcement of these design reviews is handled by Building Services staff with assistance as needed from Planning Services staff. Attachment #2 provides more information on the applicability of the Downtown Design Guidelines Manual, including invitations to design professionals, downtown property owners and key City staff for training sessions; a map; and contents of the manual. For projects financed only with City funds and /or State funds outside the Historic Districts or the Downtown, City staff does not conduct a design review. SECTION 106: For projects receiving federal funds outside the Historic Districts and the Downtown, a "Section 106" review is required. Section 106 of the National Historic Preservation Act mandates a review of the potential impact to historic resources from the expenditure of federal funds. The Planning Services staff is able to conduct Section 106 design reviews in -house for the U. S. Department of Housing and Urban Development (HUD) funded programs. These programs include the City's Community Development Block Grant (CDBG)- funded housing rehabilitation program and the lead -based paint programs. For projects using other federal funding sources, Planning Services staff prepares reports for the State Historic Preservation Office to conduct the Section 106 reviews. Design Guidelines used for HUD - funded and other federally- funded projects are Tess defined than the design guideline manuals used in the Historic Districts and the Response to SCTF Recommendations Page 4 Downtown. Compliance with the Secretary of Interior's Standards guides these design reviews. For more information on the Secretary's Standards, see Recommendation #4 below. For projects financed only with City funds and /or State funds outside the Historic Districts or the Downtown, City staff does not conduct a Section 106 design review. STREETSCAPES: The City Council mandates design review of public works projects in the Historic Districts and the Downtown, regardless of the funding source. The Planning Services staff signs off on simple projects that comply with the applicable design guidelines, and the HPC advises the City Council on significant projects. In 2002, the City Council adopted the Streetscape and Landscape Guidelines Manual for the Historic Districts, and then created the Historic District Public Improvement Program (HDPIP) to facilitate this design review. HDPIP funds are a matching grant program for neighborhoods to retain and re- create their sense of place. HDPIP funds have been used for streetscape improvements in all five historic districts such as historic street lights, benches, trash receptacles, planters and signs. In 2009, the City Council extended a similar design review for public works projects in the Downtown, using the Downtown Design Guidelines Manual. Old Town Neighborhood Site Design Guidelines were established in the 2009 UDC for new development in Conservation Districts and Conservation Planning Areas. They provide form -based guidelines in Dubuque's older neighborhoods, where strict application of "suburban style" site design standards for new commercial, industrial and residential development are difficult to apply due to the dense development patterns of these older urban areas. They are intended to encourage new development that is compatible with historic site layout found in these areas. SUSTAINABILITY: Historic preservation can be considered the "poster child" of sustainability. While the design review process and UDC provisions described above foster historic preservation, the City's Building Code options also foster sustainability goals. The City Council has adopted the 1997 Uniform Code for Building Conservation, the 2000 International Building Code, and the 2003 Dubuque Historic Building Code. The adoption of three separate building codes gives owners, contractors, architects and the Building Services staff alternatives when dealing with existing buildings. It also reduces the barrier (real and /or perceived) of codes when owners are contemplating renovation of their downtown buildings. Recommendation #3: Create an ordinance prohibiting the boarding of windows and doors facing streets: Through an HPC initiative and the City Manager's direction, staff in the Planning Services, Building Services, Housing and Community Development and Legal Departments have discussed, researched and drafted an ordinance addressing boarded -up windows and doors in Historic Districts and Conservation Response to SCTF Recommendations Page 5 Districts. The HPC advocated for this ordinance to reduce blighting conditions in these districts. The HPC encountered resistance to this proposed ordinance from impacted property owners and the Dubuque Main Street Board of Directors. Learning of the SCTF's interest in this type of ordinance, the HPC directed Planning Services staff to share their efforts with the Task Force. Attachment #3 is the information transmitted to the SCTF by the HPC on this topic. Recommendation #4: Develop and enforce policies that are consistent with the "preservation briefs" to maintain historic properties: The Technical Preservation Services (TPS) of the National Park Service (NPS) provides information and guidance on the care of historic buildings. TPS helps home owners, preservation professionals, organizations, and government agencies preserve and protect this nation's heritage by providing readily available materials -- guidance pamphlets and books, videos, and NPS web home page - -on preserving, restoring, and rehabilitating historic buildings. Preservation briefs are just one of the publications provided by the TPS. The TPS is one of a number of resources the HPC and City Staff use when advising or reviewing a project. Other standards for review include the Architectural Guidelines Manual and the Streetscape and Landscape Guidelines Manual for the Historic Districts, and the Downtown Design Guidelines Manual. All documents, including those published by the TPS, are founded on principles outlined in the "Secretary of the Interior's Standards and Guidelines for the Treatment of Historic Properties ". The City website currently offers links to all the resources listed above, including the TPS. The Secretary of the Interior's Standards are not technical or prescriptive, but are intended to promote responsible preservation practices that help protect cultural resources. For example, they cannot, in and of themselves, be used to make essential decisions about which features of the historic building should be saved and which can be changed. But once a treatment approach is selected, the Standards provide philosophical consistency to the work. The four treatment approaches are Preservation, Rehabilitation, Restoration, and Reconstruction. The Architectural Guidelines, Landscape Guidelines, and Downtown Design Guidelines Manuals expand on these basic rehabilitation principles as they apply in Dubuque. The TPS publications are, as one might expect more technical in nature, offering more in depth and detailed information and guidance on the care of historic buildings. IMPACTS The following impacts to the Planning Services Department and Building Services Department have been identified by SCTF recommendation. Recommendation #2: Improving Dubuque neighborhoods by: a) Encouraging home ownership: No impacts identified; City Codes are in place. Response to SCTF Recommendations Page 6 b) Encouraging a mixed income approach to neighborhood investment: No impacts identified; City Codes are in place. c) Creating (or re- creating) a sense of place through good design. All buildings using city, state or federal dollars should be required to meet these objectives and all projects should be required to meet the City's sustainable goals. Design review and enforcement is in place for Historic Districts and the Downtown. Expansion of design review to historic areas (see Attachment #1) or city -wide will have a significant impact on staff resources in both the Planning Services Department and the Building Services Department. If design review is expanded, financial incentives described above also should have more funds budgeted to facilitate design review. Recommendation #3: Create an ordinance prohibiting the boarding of windows and doors facing streets: The impacts of adopting this ordinance to the Planning Services and Building Services staff depend on two factors: area and timing. If this ordinance applies only in Historic Districts and Conservation Districts, but only to new occurrences, the impacts to staff in both Departments are minimal. If this ordinance is applied to all historic areas (see Attachment #1) or city -wide, but only to new occurrences, the impacts to both Planning Services and Building Services staff will be a moderate increase in workloads. This may or may not have financial costs. If this ordinance is applied retroactively only in Historic Districts and Conservation Districts, there will be a significant increase in workload for staff in both Departments. There likely will be financial costs. If this ordinance is applied retroactively in all historic areas or City -wide, there will be a very substantial impact on the workload of both Planning Services and Building Services staff. Additional funding for staff and resources very likely will be needed. Recommendation #4: Develop and enforce policies that are consistent with the "preservation briefs" to maintain historic properties: City staff currently enforce exterior enforce exterior alterations that are consistent with "preservation briefs" in Historic Districts and through Section 106 reviews. Expansion of this level of enforcement to all historic areas (see Attachment #1) will be a significant impact on the workload of both Planning Services and Building Services staff. Additional funding likely will be needed. REQUESTED ACTION The requested action is to transmit our response to the SCTF recommendations for Managing the Physical Environment to the City Council for further direction. Attachments F: \USERS \Mrettenb \WP \SCTF \SCTF recommendations mvm memo.doc __BERME. BLANCHE- RDGE cc` 0- AE ROSTAR HISTORIC AREAS � sTRAv a°1°'14 i 1- ALMOND LL T{14 EUCLID —I ' HARLAN, 'fL GROVEL HD \ \ A GOETHE r BARE,' fl _A a} — JANSEN — Legend Historic Preservation Districts Conservation Districts Conservation Planning Areas National Register Eligible Districts 6„ , /� J 9 O g •390 / 1 JONES ,L— ST� B R FryeRY LF e � t ys 20 lo ..GREA.LOUND PARK Planning Services Department City Hall 50 West 13th Street Dubuque, IA 52001 -4864 (563) 589 -4210 phone (563) 589-4221 fax (563) 690 -6678 TDD planning @cityofdubuque.org Dear Downtown property owner, Enclosures cc Building Services Department Masterpiece on the Mississippi Dubuque E d 1I II I 2007 June 19, 2009 The City of Dubuque has adopted the enclosed Downtown Design Guidelines manual. The Downtown Design Guidelines manual is an action step of the Downtown Dubuque Master Plan adopted by the City Council in 2004. The Downtown Design Guidelines address exterior architectural design as well as streetscape and landscape design. They provide guidance for property owners planning exterior alterations, additions, or the rehabilitation of existing buildings as well as new structures and parking lots. A map of the Downtown Design Guidelines area is on the back. The Downtown Design Guidelines apply to projects in the project area financed in whole or in part by public funds, and that involve: a) exterior alterations that require a building or sign permit, b) requests for demolition permits, and /or c) site improvements that require a site plan. Properties subject to State Historic Preservation Office review, such as historic preservation tax credit projects, would not be subject to the Downtown Design Guidelines unless requested by the State. Projects that receive public funds and meet the above criteria must be submitted to the Planning Services Department for design review prior to beginning any work. A pre - application conference with Planning Services Staff is strongly recommended. Projects that do not create a material change in the exterior architectural appearance or are considered normal repair and maintenance, and are in conformance with the Downtown Design Guidelines, Planning Services Staff may approve the project without further review. Projects determined to create a material change in the exterior features of a structure or site, such as an alteration, construction, removal or demolition, will be considered by the Historic Preservation Commission. If you have any questions, or would like to request a hard copy of the guidelines, please contact the Planning Services Department at (563) 589 -4210 or planning(a,citvofdubuque.org. Masterpiece on the Mississippi Downtown Design Guidelines Implementation: a) exterior alterations that require a building or sign permit, b) requests for demolition permits, and /or c) site improvements that require a site plan. Dubuque 2007 The Downtown Design Guidelines address exterior architectural design as well as streetscape and landscape design. They provide guidance for property owners planning exterior alterations, additions, or the rehabilitation of existing buildings as well as new structures and parking lots. A map of the Downtown Design Guidelines area is enclosed. The Downtown Design Guidelines apply to private and public improvement projects in the project area financed in whole or in part by public funds. Private Projects subject to the Downtown Design Guidelines Projects in the Downtown Design Guidelines project area financed in whole or in part by public funds, and that involve: 1. Private projects that receive public funds and meet the above criteria must be submitted to the Planning Services Department for design review prior to beginning any work. A pre - application conference with Planning Services Staff is strongly recommended. 2. Projects that do not create a material change in the exterior architectural appearance or are normal repair and maintenance, and are in conformance with the Downtown Design Guidelines, Planning Services staff may approve the project without further review. 3. Projects involving a material change in the exterior features of a structure or site, such as an alteration, construction, removal or demolition, would be considered by the Historic Preservation Commission. Waivers from the Downtown Design Guidelines could be granted by the Commission. Appeals of the Commission's decisions would be made to the City Council. Downtown Design Guidelines August 4, 2010 Page 2 Public Improvements subject to the Downtown Design Guidelines The improvement, installation, construction or reconstruction of public improvements in the Downtown Design Guidelines project area financed in whole or in part by public funds would be subject to the Downtown Design Guidelines. 1. Public Improvement projects that receive public funds must be submitted to the Planning Services Department for design review prior to beginning any work. A pre - application conference with Planning Services Staff is strongly recommended. 2. Projects that do not create a material change in the exterior architectural appearance or are normal repair and maintenance, and are in conformance with the Downtown Design Guidelines, Planning Services staff may approve the project without further review. 3. Projects involving a material change in the exterior features of a structure or site, such as an alteration, construction, removal or demolition, would be considered by the Historic Preservation Commission. For public works projects, Commission recommendations would be transmitted to the City Council for final design decisions. Waivers from the Downtown Design Guidelines would be made by the City Council. Properties subject to State Historic Preservation Office review, such as historic preservation tax credit projects, would not be subject to the Downtown Design Guidelines unless requested by the State. Planning Services Department City Hall 50 West 13th Street Dubuque, IA 52001 -4864 (563) 589 -4210 phone (563) 589 -4221 fax (563) 690 -6678 TDD planning @cityofdubuque.org Dear Design Professional, THE CITY OF Dubuque DUB E httzl Masterpiece on the Mississippi 1111 2007 June 25, 2009 The City of Dubuque has adopted the enclosed Downtown Design Guidelines manual. The Downtown Design Guidelines manual is an action step of the Downtown Dubuque Master Plan adopted by the City Council in 2004. The Downtown Design Guidelines address exterior architectural design as well as streetscape and landscape design. They provide guidance for property owners and design professionals planning exterior alterations, additions, or the rehabilitation of existing buildings as well as new structures and parking lots. A map of the Downtown Design Guidelines area is enclosed. The Downtown Design Guidelines apply to private and public improvement projects in the project area financed in whole or in part by public funds. Private Projects subject to the Downtown Design Guidelines Projects in the Downtown Design Guidelines project area financed in whole or in part by public funds, and that involve: a) exterior alterations that require a building or sign permit, b) requests for demolition permits, and /or c) site improvements that require a site plan. Private projects that receive public funds and meet the above criteria must be submitted to the Planning Services Department for design review prior to beginning any work. A pre - application conference with Planning Services Staff is strongly recommended. Projects that do not create a material change in the exterior architectural appearance or are normal repair and maintenance, and are in conformance with the Downtown Design Guidelines, Planning Services staff may approve the project without further review. Projects involving a material change in the exterior features of a structure or site, such as an alteration, construction, removal or demolition, would be considered by the Historic Preservation Commission. Public Improvements subject to the Downtown Design Guidelines The improvement, installation, construction or reconstruction of public improvements in the Downtown Design Guidelines project area financed in whole or in part by public funds would be subject to the Downtown Design Guidelines. Public Improvement projects that receive public funds must be submitted to the Planning Services Department for design review prior to beginning any work. A pre - application conference with Planning Services Staff is strongly recommended. Projects that do not create a material change in the exterior architectural appearance or are normal repair and maintenance, and are in conformance with the Downtown Design Guidelines, Planning Services staff may approve the project without further review. Projects involving a material change in the exterior features of a structure or site, such as an alteration, construction, removal or demolition, would be considered by the Historic Preservation Commission. For public works projects, Commission recommendations would be transmitted to the City Council for final design decisions. Properties subject to State Historic Preservation Office review, such as historic preservation tax credit projects, would not be subject to the Downtown Design Guidelines unless requested by the State. If you have any questions, or would like to request a hard copy of the guidelines, please contact the Planning Services Department at (563) 589 -4210 or planninq citvofdubuque.orq. Enclosures cc Building Services Department Masterpiece on the Mississippi TO: FROM: Laura Carstens, Planning Services Manager SUBJECT: Downtown Design Guidelines & Training Session DATE: August 4, 2010 Dubuque 2007 Dave Heiar, Economic Development Director; Aaron DeJong, Assistant Economic Development Director; Gus Psihoyos, City Engineer; Bob Schiesl, Assistant City Engineer; Steve Brown, Project Manager; Jon Dienst, Civil Engineer II; Rich Russell, Building Services Manager; Jeff Zasada, Building Inspector; Gil Spence, Leisure Services Manager; Bob Fritsch, Park Division Manager; Don Vogt, Public Works Director; John Klostermann, Street Maintanence Supervisor; David Harris, Housing & Community Development Manager; Joleen Patterson, Rehabilitation Supervisor; Bob Boge, Housing Inspector; Tim Horsfield, Parking Supervisor; Jon Rodocker, Transit Manager; Dan Brown, Fire Chief, Kyle Kritz, Associate Planner; Guy Hemenway, Assistant Planner The City of Dubuque has adopted the enclosed Downtown Design Guidelines manual. The Downtown Design Guidelines manual is an action step of the Downtown Dubuque Master Plan adopted by the City Council in 2004. The Downtown Design Guidelines address exterior architectural design as well as streetscape and landscape design. They provide guidance for property owners planning exterior alterations, additions, or the rehabilitation of existing buildings as well as new structures and parking lots. A map of the Downtown Design Guidelines area is enclosed. The Downtown Design Guidelines apply to private and public improvement projects in the project area financed in whole or in part by public funds. Private Projects subject to the Downtown Design Guidelines Projects in the Downtown Design Guidelines project area financed in whole or in part by public funds, and that involve: a) exterior alterations that require a building or sign permit, b) requests for demolition permits, and /or c) site improvements that require a site plan. Private projects that receive public funds and meet the above criteria must be submitted to the Planning Services Department for design review prior to beginning any work. A pre - application conference with Planning Services Staff is strongly recommended. Downtown Design Guidelines August 4, 2010 Page 2 Projects that do not create a material change in the exterior architectural appearance or are normal repair and maintenance, and are in conformance with the Downtown Design Guidelines, Planning Services staff may approve the project without further review. Projects involving a material change in the exterior features of a structure or site, such as an alteration, construction, removal or demolition, would be considered by the Historic Preservation Commission. Waivers from the Downtown Design Guidelines could be granted by the Commission. Appeals of the Commission's decisions would be made to the City Council. Public Improvements subiect to the Downtown Design Guidelines The improvement, installation, construction or reconstruction of public improvements in the Downtown Design Guidelines project area financed in whole or in part by public funds would be subject to the Downtown Design Guidelines. Public Improvement projects that receive public funds must be submitted to the Planning Services Department for design review prior to beginning any work. A pre - application conference with Planning Services Staff is strongly recommended. Projects that do not create a material change in the exterior architectural appearance or are normal repair and maintenance, and are in conformance with the Downtown Design Guidelines, Planning Services staff may approve the project without further review. Projects involving a material change in the exterior features of a structure or site, such as an alteration, construction, removal or demolition, would be considered by the Historic Preservation Commission. For public works projects, Commission recommendations would be transmitted to the City Council for final design decisions. Waivers from the Downtown Design Guidelines would be made by the City Council. Properties subject to State Historic Preservation Office review, such as historic preservation tax credit projects, would not be subject to the Downtown Design Guidelines unless requested by the State. Planning Services Staff will be offering three training sessions on August 18, 2009 in the Housing Conference Room on the 3 floor of the Federal Building. A GroupWise appointment will be sent shortly after this memorandum. Please accept the appointment for the session that best accommodates your schedule. Please decline the other two. Enclosures cc Michael Van Milligen, City Manager Cindy Steinhauser, Assistant City Manager Barry Lindahl, City Attorney Crenna Brumwell, Assistant City Attorney Wally Wernimont, Assistant Planner Dave Johnson, Assistant Planner BISSEL v5, O z m 0) PAULINA WINONA 5 3 0 C0 -1 O�� ,0 co HIL ti � C 4 --1\-5:410, ■ IFF- .. w t` 1: 1 10 - 40 viso # *A ■ to$ 440 fettik‘4 4.4 c): • fit410A 10 di& 10. 40, 10 . 1; 01104 w r ~ 4 -5A xic ti 61/151 CEDAR s t ort 0 _ 0� m e t' 'P 0 0 CD O 0 CO = ^ V J Q CD CD CD DOWNTOWN DESIGN GUIDELINES June 15, 2009 Table of Contents Introduction Part 1: Overview Policies Underlying the Guidelines Principles of Urban Design Part II: Design Review System What are Design Guidelines? Why have Design Guidelines? Determining Compliance with the Guidelines Which Guidelines Apply? Components of Design Guidelines Part 111: Historic Preservation Benefits of Historic Preservation Basic Preservation Theory Preservation Principles Preservation Briefs & Tech Notes Choosing an Approach Glossary Planning a Preservation Project Architectural Styles Chapter 1. Rehabilitation Guidelines for Historic Properties Character - Defining Features Historic Building Materials Individual Building Components Rehabilitation of Historic Commercial Properties Rehabilitation of Historic Residential Properties Rehabilitation of Historic Warehouse Properties General Rehabilitation Dubuque's Before and After Images Chapter 2. Design Guidelines for all Properties Topography Street Patterns Alleys Streetscape Architectural Character Materials Rooftop Uses Parking Buffers Site Lighting Service Areas Mechanical Equipment Awnings and Canopies 1 4 9 27 67 [ v] Chapter 3. Guidelines for New Commercial Building Types Building Setbacks Mass and Scale Building and Roof Form Horizontal Alignment Solid -to -void New Storefront Character Chapter 4. Guidelines for New Residential Building Types Building Setbacks Mass and Scale Building and Roof Form Solid -to -void Secondary Structures Chapter 5. Guidelines for New Warehouse Building Types Building Setbacks Mass and Scale Building and Roof Form Horizontal Alignment Solid -to -void New Facade Character Chapter 6. Guidelines for New Transitional Building Types Building Setback Mass and Scale Roof Form Chapter 7. Character Area Design Guidelines Downtown Core Downtown Transitional Warehouse Neighborhood Corridor Appendix 127 A. The Secretary of the Interior's Standards for the Rehabilitation of Historic Buildings B. Preservation Briefs & Tech Notes C. Glossary of Terms D. Financial Incentive Toolbox [vi] Signs Appropriate Sign Types Public Art Fences, Site Walls and Retaining Walls 89 99 105 113 117 Masterpiece on the Mississippi TO: Terry Mozena, Enforcement Subcommittee Safe Community Task Force FROM: Laura Carstens, Planning Services Manager _ .�v SUBJECT: Update on Boarded -Up Windows and Doors Ordinance DATE: March 3, 2010 Dubuque hitd All-America City 2007 Introduction This memorandum provides an update on the status of the Board -Up Windows and Doors Ordinance proposed by the Historic Preservation Commission, as requested. Attached for your consideration are the draft Boarded -Up Windows and Doors Ordinance, a map of impacted properties, and photos of impacted properties with the estimated number of boarded -up windows and doors on street frontages. Background The Historic Preservation Commission (HPC) has discussed establishing an ordinance which would not allow boarded -up windows and doors on any facade that faces or adjoins the street side of a property in historic and conservation districts. Several years ago, the HPC had concerns with the blighting influence of boarded -up windows and doors in historic districts. At that same time, the City Manager had concerns with boarded -up windows and doors on commercial buildings in the downtown area. As a result of these mutual concerns, the City's vacant and abandoned building ordinance was adopted and a Boarded -Up Windows and Doors Ordinance was drafted. The City of Dubuque's Housing and Community Development Department and Building Services Department currently allow windows and doors to be temporarily boarded for up to three months for properties that have recently suffered from vandalism, fire or flood before enforcement would begin. Draft ordinances were presented to the Dubuque Main Street (DMS) Board of Directors for review and comment in 2008 and 2009. The DMS Board continues to have a concern with the impact of the proposed ordinance on downtown buildings. Discussion The HPC has noted the intent of the proposed Boarded -Up Windows and Doors Ordinance is to require doors and windows to be in place, maintained, painted, and Boarded -Up Windows and Doors Ordinance page 2 trimmed in the same manner as if the building was occupied for those properties that have had boarded -up windows and doors for a long period of time. In June 2009, there were 25 properties with boarded -up windows and doors located in conservation districts and 5 properties in historic districts. As of January 2010, there were 21 properties in conservation districts and 3 properties in historic districts. The attached photo inventory of the impacted buildings includes the estimated number of boarded -up windows and doors per building (facades on street frontages only; facades on alleys do not count). The number of boarded -up windows and doors ranges from as low as 1 to over 100 per building. The HPC has discussed situations where buildings may have boarded -up windows and doors that are under rehabilitation. The City has not, and will not enforce on a property owner that has made continued progress in a rehabilitation effort. In some instances, window and door openings were filled in purposely with a more permanent material such as stucco and brick to obscure mechanical equipment or the use of a building that may have changed. In those cases, the proposed Boarded -Up Windows and Doors Ordinance will not apply. In historic districts, the HPC must approve filling in a window or door opening. This ordinance would not affect those property owners that have received approval from the HPC. Some residential structures have a small window at the upper /attic level converted to a vent. There are many examples throughout the older neighborhoods where this has been done. These changes will be exempt from the ordinance as well. A chart of questionable changes also is attached. Dubuque Main Street (DMS) In January 2008, the DMS Board discussed the proposed ordinance, and supported it in concept. They expressed concerns that the ordinance did not identify an adequate and specific period of time allowed for boarded -up windows and doors immediately following a disaster or an act of vandalism. The DMS Board stated provisions should be made to recognize lengthy rehabilitation efforts and situations that may warrant boarded -up windows and doors for an extended period of time. They were in favor of granting enforcement extensions for situations where proven, continued rehabilitation progress is made to a building, or property owners are in the process of applying for tax credits. The Board asked the HPC to consider their concerns, which the HPC did in consultation with City Legal Staff. In October 2009, the DMS Board discussed the proposed ordinance revisions. They expressed concern that the proposed ordinance would create an undesirable financial hardship for businesses and property owners in the downtown, especially given the current economy. They noted how recent investment in the downtown has removed many of the boarded -up windows and doors. They offered the following suggestions: Boarded -Up Windows and Doors Ordinance page 3 1. Instead of additional regulation, strengthen existing financial programs that provide incentives for removing boarded -up windows and doors in the downtown. 2. Provide incentives and programs which address the whole facade, not just windows and doors. 3. Provide tax abatement for property owners who remove the boarded -up windows and doors. Compliance Timeframe The HPC felt that it is important to establish an approach and timeframe for compliance. The HPC's proposed 2009 ordinance would initially limit enforcement to historic districts only, and later expand it to conservation districts. The HPC supported a 12 -month timeframe for compliance unless a property owner has an extenuating circumstance in which case they can request an extension from the Building Services Department. The HPC felt allowing a property owner one year is adequate time to come into compliance with the ordinance without creating too great of an economic hardship on an owner. As proposed in the ordinance, the property owner would have 9 months to submit a plan for bringing the building into compliance, with the option to ask for a 3 -month extension. The property owner then would have 9 months to complete the work plan, with the option to ask for a 3 -month extension. The plans and extension are to be approved by the Building Official or the Housing Official. The proposed ordinance addresses currently boarded -up windows and doors boarded before May 1, 2010 and windows and doors boarded -up in the future (after May 1, 2010). Staff is assuming this ordinance will not be presented to the City Council any time before May 1, 2010. The date can always be changed. Appeal Process The HPC's proposed 2009 ordinance would provide for an appeal to the Building Official to request an extension. It also would provide for an appeal to the City Manager. The proposed ordinance restricts the appeal process to the City Manager. It furthers incorporates economic nonviability provisions that are similar to the regulations the HPC applies in the historic and conservation districts. The economic nonviability provisions aren't more difficult than ion the historic districts; however, staff had to modify and /or remove some of the provisions because they would not be applicable. Conclusion The HPC has discussed the DMS Board comments and how best to proceed with the proposed ordinance. The Commission discussed the buildings that will be potentially impacted and the concerns of the DMS Board. The HPC discussed that the current economy and timing of the ordinance is probably the most significant consideration of the DMS Board. Boarded -Up Windows and Doors Ordinance page 4 The HPC has discussed the negative impacts of boarded -up windows and doors on neighborhoods. The Commission noted the effects that boarded -up windows and doors have on neighboring businesses and property owners. The HPC discussed the financial impact on property owners potentially affected by the proposed ordinance. The HPC has noted that boarded -up windows and doors are not allowed for any extended period of time in residential areas and questioned why the standards would be different in the downtown. The Commission felt the standards should be consistent. The HPC has discussed the timing of the ordinance and whether a compromise can be reached with the DMS Board. The HPC agreed having the support of the DMS Board would be beneficial in moving forward with the ordinance. The Commission discussed new funding incentives for downtown housing, and was optimistic that this funding might eliminate some of the existing boarded -up windows and doors in the downtown. The Commission noted only three properties have boarded -up windows and doors in historic districts and that number used to be higher when the process initially started. The HPC discussed whether an enforcement approach or an incentive approach would be better given the improvements over the years. The Commission noted properties with varying degrees of boarded -up windows and doors may warrant different approaches. Recommendation The HPC understands that Safe Community Task Force is discussing a citywide Boarded -Up Windows and Doors Ordinance. Consequently, the HPC has voted to share their proposed Boarded -Up Windows and Doors Ordinance with the - Safe Community Task Force. The Commission will defer to the Safe Community Task Force until their report is finalized, when the Commission will take further action, if needed. The Commission noted the HPC can review the draft ordinance in the future to incorporate the Safe Community Task Force's conclusions if the task force did not move forward with the boarded -up window and door issue. Planning Services staff is available to review the proposed ordinance and background information to the Enforcement Subcommittee and /or the Safe Community Task Force if desired. Please contact me or Assistant Planner Dave Johnson. Attachments cc: Michael Van Milligen, City Manager Crenna Brumwell, Assistant City Attorney Rich Russell, Building Services Manager David Harris, Housing & Community Development Director Dave Johnson, Assistant Planner Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589 -4381 ORDINANCE NO. -10 AMENDING CHAPTER 11 OF THE CITY OF DUBUQUE CODE OF ORDINANCES BUILDINGS AND BUILDING REGULATIONS BY AMENDING SECTION 11 -60 ADDING A PROVISION ESTABLISHING THE EXTERIOR SECURITY AND APPEARANCE OF BUILDINGS IN HISTORIC AND CONSERVATION DISTRICTS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Section 11 -60 of the City of Dubuque Code of Ordinances is amended by adding thereto the following new provision: Sec. 11 -60. Special Provisions. (f) Exterior Security and Appearance of Buildings in Historic and Conservation Districts: 1. Application. The requirements of this Provision shall apply to all current Historic and Conservation Districts as well as any Historic and Conservation Districts designated in the future. 2. No building openings, except basement windows, with any lot frontage may be boarded or covered. Former door and window openings that have been permanently replaced with brick masonry, block masonry, stucco and /or plaster are exempted from these requirements. Openings that currently blocked with wood or steel framing and covered with wood or steel siding methods are not exempt. Doors and windows located on a facade with lot frontage must be properly maintained, painted, and trimmed in the same manner as if the building was occupied. All other unsecured exterior building openings must be secured with 3/8" plywood and nailed every 8" with #6 box nails. On the first floor, the plywood must be cut to fit the opening and must not be pieced. On the second floor or above, the plywood may be pieced providing it is adequately supported behind the seam. Building openings must be covered from the outside and the plywood painted to blend in with the remaining exterior color of the building. 3. Implementation. a. Any owner of a building or structure who is required to make changes to the exterior of their building or structure shall be afforded a period of time to comply. In order to obtain time for compliance the building or structure owner shall submit a plan for approval to the Building or Housing Official. In the case of commercial property the plan shall be submitted to the Building Official. In the case of residential property the plan shall be submitted to the Housing Official. b. Windows and Doors Boarded up prior to May 1, 2010. 1. The building or structure owner shall have nine (9) months to submit a plan for bringing the building or structure into compliance. One extension of three (3) months may be granted by the applicable official. 2. A building or structure owner shall have nine (9) months from submission of a plan to complete the work outlined in the submitted plan. One extension of three (3) months may be granted by the applicable official. c. Windows and Doors Boarded up after May 1, 2010 1. The building or structure owner shall have ninety (90) days to submit a plan for bringing the building or structure into compliance. One extension of thirty (30) days may be granted by the applicable official. 2. A building or structure owner shall have nine (9) months from submission of a plan to complete the work outlined in the submitted plan. One extension of three (3) months may be granted by the applicable official. 4. Appeal Rights. a. Any property owner aggrieved or adversely affected by a decision of the Building or Housing Official under this Provision may apply to the City Manager for review of such decision by filing a written notice of appeal with the City Manager within thirty (30) days of the date of the decision. The notice of appeal shall include the following: i. Name and address of person appealing (appellant). ii. A brief statement in ordinary and concise language of the decision protested, together with any material facts claimed to support the contentions of the appellant. iii. A brief statement in ordinary and concise language of the relief sought, and the reasons why it is claimed the protested decision should be reversed, modified, continued, or determined as economically non - viable. iv. The signatures of all parties named as persons appealing and their official mailing addresses. v. If the appellant intends to assert economic non - viability of the project then the following additional items shall be included: 1. Estimate of the cost of the proposed work or activity and an estimate of any additional cost that would be incurred to comply with the ordinance; 2. A report from a licensed engineer or architect with experience in rehabilitation as to the structural soundness of any structures and their suitability for rehabilitation; 3. Estimated market value of the property in its current condition and after completion of the proposed construction, alteration, or renovation required by the Ordinance, of the existing property for continued use; 4. An estimate from an architect, developer, real estate consultant, appraiser or other real estate professional experienced in rehabilitation, as to the economic feasibility of rehabilitation or reuse of the existing structure on the property; 5. The amount paid for the property, the date of purchase and the person from whom purchased, including a description of the relationship, if any, between the owner of record or the applicant and the person from whom the property was purchased, and any terms of financing between the seller and buyer; 6. If the property is income producing, the annual gross income from the property for the previous two (2) years; 7. Itemized operating and maintenance expenses for the previous two (2) years; and depreciation deduction and annual cash flow before and after debt service, if any, during the same period; 8. The remaining balance on any mortgage or other financing secured by the property and annual debt service, if any, for the previous two (2) years; 9. All appraisals obtained within the previous two (2) years by the owner or applicant in connection with the purchase, financing or ownership of the property; 10. Any listing of the property for sale or rent, price asked and offers received, if any, within the previous two (2) years; 11. The assessed value of the property according to the two (2) most recent assessments; 12. The amount of real estate taxes for the previous two (2) years and whether or not they have been paid; 13. The form of ownership or operation of the property, whether sole proprietorship, for profit or not for profit corporation, limited partnership, joint venture or other; 14. Any other information considered necessary by the City Manager to make a determination as to whether the property does yield or may yield any reasonable economic return to the property owner(s), including, but not limited to, the income tax bracket of the owner(s) or applicant(s) or of the principal investor(s) in the property; 15. Proof of the applicant's efforts to obtain financing, tax incentives, preservation grants and other incentives sufficient to allow the Passed, approved and adopted the day of , 2010. Attest: applicant to earn a reasonable and an economic return from the property; and 16. A showing of the applicant's efforts in ongoing maintenance and repair. b. The City Manager shall review the Appeal and issue a decision within thirty (30) days of receipt. The decision shall be mailed to the property owner. The City Manager shall be authorized to: i. Uphold the decision of the Building or Housing Official, ii. Modify the decision of the Building or Housing Official, iii. Continue the matter ninety (90) days for City Council review of an application to remove a property from a Conservation or Historic Preservation District, or iv. If the City Manager, after review of the evidence submitted, finds that requiring compliance with the Ordinance would prevent the property owner from earning any reasonable economic return from the property, the City Manager shall: 1. Make a determination of economic non - viability, or 2. At the City Manager's discretion, postpone, for a period not to exceed one hundred eighty (180) days, the issuance of a Certificate of Economic Non - viability. During this time, the City Manager shall assign staff to investigate strategies which would allow the property owner to earn a reasonable economic return from the property. No regulated permit shall be issued during this time unless a certificate of appropriateness has been secured from the Historic Preservation Commission. If, at the end of the one hundred eighty (180) day period, the City Manager, finds that the property owner still cannot earn any reasonable economic return from the property, shall issue a finding of Economic Non- viability. 3. If the City Manager finds, after initial review or after the one hundred eighty (180) day period of postponement, that the property owner has, in fact, earned or is able to earn a reasonable economic return from the property, then the City Manager shall not make a determination of economic nonviability. Section 2. This Ordinance shall take effect on publication. Jeanne F. Schneider, City Clerk Roy D. Buol, Mayor rre L1t1P81s LOCUST LOCUS ATER-__ IZ 3Nld-1d-, , - - y dY ■ `� d T' 1�� � w WC\ s lc\ o1 '° ICE HARBOR Boarded -Up Windows & Doors in Historic & Conservation Districts: Jan. 2010 3040 Elm: 41 (CD) 1 3000 Jackson: 100+ (CD) Boarded-Up Windows & Doors in Historic & Conservation Districts: Jan. 2010 3000 Jackson (CD) 1--;.-i".0-4. 44'4'4 441 , •••■,1 • 2401 Central: 11 (CD) 2 Boarded -Up Windows & Doors in Historic & Conservation Districts: Jan. 2010 3 1701 Central: 2 (CD) 1603 Central: 2 (CD) i Boarded -Up Windows & Doors m Historic & Conservation Districts: Jan. 20 1696 Central: 8 (CD) 1602 Central: 3 (CD) Boarded -Up Windows & Doors in Historic & Conservation Districts: Jan. 2010 1572 Central: 5 (CD) 1243 Locust: 1 (HD) (Bluff St. Side) Boarded -Up Windows & Doors in Historic & Conservation Districts: Jan. 2010 ® Q��mrmr e pfd we.,--�R7 i9 p GpPE M. F�ilFian �] 9g ?- gig 6 1043 Main: 3 (CD) 1598 Jackson: 3 (CD) Boarded -Up Windows & Doors in Historic & Conservation Districts: Jan. 2010 1501 Jackson: 8 (CD) 7 1717 Jackson: 2 (CD) Boarded -Up Windows & Doors in Historic & Conservation Districts: Jan. 2010 483 Bluff: 5 (HD) 245 1 Street: 14 (CD) (alley side is exempt) Boarded -Up Windows & Doors in Historic & Conservation Districts: Jan. 2010 9 900 Central: 18 (CD) 411111011011111111.1111...111110 41111111.1111110 - Boarded -Up Windows & Doors in Historic & Conservation Districts: Jan. 2010 .................„..____"... ......._ ..._.........,........ ..........„............ ..........______............„. ... w. ...., w ft , -�- „_ s_- rte - r :_ 3 E. E 10 898 Central: 5 (CD) 1056 Central: 8 (CD) Boarded -Up Windows & Doors in Historic & Conservation Districts: Jan. 2010 irr 1111111 CtIt- . 1 . 1, 4,114 1 !� 1007 Central: 1 (CD) 11 653 White: 5 (CD) Boarded -Up Windows & Doors in Historic & Conservation Districts: Jan. 2010 101 Main: 5 (HD) 12 . -. *ow lowirma111111111111011111 Boarded -Up Windows & Doors in Historic & Conservation Districts: Jan. 2010 13 955 Main: 11 (CD) 951 Main: 8 (CD) ri Boarded -Up Windows & Doors in Historic & Conservation Districts: an. This structure has a small window at the upper /attic level which has been converted to a vent. There are many similar examples throughout the older neighborhoods where this has been done. Staff recommends that the HPC consider making these changes exempt from the ordinance as well. 14 1438 White: 1 (CD) 483 BLUFF HISTORIC X 898 CENTRAL AVE CONSERVATION 1572 CENTRAL AVE CONSERVATION 0 900 CENTRAL AVE CONSERVATION 0 1603 CENTRAL AVE CONSERVATION 1007 CENTRAL AVE CONSERVATION 1701 CENTRAL AVE CONSERVATION 1602 CENTRAL AVE CONSERVATION 0 1056 CENTRAL AVE CONSERVATION 1696 CENTRAL AVE CONSERVATION 0 2401 CENTRAL AVE CONSERVATION 3040 ELM CONSERVATION 1501 JACKSON CONSERVATION 1598 JACKSON CONSERVATION 3000 JACKSON CONSERVATION 1717 JACKSON CONSERVATION 1243 LOCUST ST HISTORIC 101 MAIN HISTORIC 955 MAIN CONSERVATION 951 MAIN CONSERVATION 1043 MAIN CONSERVATION 245 WEST 1ST ST CONSERVATION 653 WHITE CONSERVATION 1438 WHITE CONSERVATION X ADDRESS DISTRICT QUESTIONABLE X - Properties are in question because of an alteration to a door or window opening in a conservation district that resulted in a change in use, appearance, or the partial infill of an opening. All these changes are currently allowed without review by the HPC or staff. O - Properties are in question because of an alteration to a door or window opening to accommodate needed ventilation, air conditioners, or other mechanical uses.