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6 9 08 Bluffland Worksession DocumentsBluffland Advisory Committee: Final Recommendations April 29, 2008 The following are the Bluffland Advisory Committee's final recommendations. These recommendations may need to be studied further with regard to developing educational programs or services. These recommendations are supplemented by Bluff Overlay District ordinances as well as existing regulatory measures within the Dubuque City Code. 1. Protecting all of the hills and. bluffs throughout Dubuque would be a difficult task. It is best to select the more notable bluffs and provide a means to protect them. The Bluffland Areas in the Bluff Overlay Districts are: Priority A a. Along the Mississippi River b. Along U.S. Highway 20 West from c. Along U.S. Highway 52 North d. Catfish Creek, Middle Fork within US 20 Priority B a. b. c. d. Locust Street to Grandview Avenue city limits from Mississippi River to south of Along Couler Valley, from 26t" Street to city limits Along Peru Road, from 32nd Street to Kennedy Court Along 32"d Street, from Peru Road to John F. Kennedy Road Along Kaufmann Avenue, from Central Avenue to Carter Road 2. Identify and protect areas within the Bluffland Areas from incompatible development a. Utilizing consultation with. environmental, historical and archeological experts, the City will identify and inventory land with important resources to prioritize such areas for acquisition of land or conservation easements b. Develop an educational program for City staff and the citizens about the use of conservation easements for bluffland preservation. c. Establish a mechanism to acquire private properties or conservation easements on these private properties through donation or purchase. d. In addition to conservation easements, the City should consider. purchasing the properties adjacent to Eagle Point Park, Four Mounds, and Mines of Spain when available to expand these facilities. e. The City should retain, expand, and preserve existing public land within the Bluffland Areas. 3. Provide property owners in the Bluffland Areas with the proper education, assessment, and resources to maintain their property. a. Work with an arborist/landscape architect to develop a tree and vegetation plan for the Bluffland Areas, as a guide for do's and don'ts. b. Create a better understanding of-the diverse changes that have occurred over time. 4. Adapt existing zoning regulations and other regulations to protect the Bluffland Areas - Develop Bluff Overlay regulations (see BD-1, BD-2, and BD-3 Bluff Overlay Districts). Conservation easement - Wikipedia, the free encyclopedia Page 1 of 3 Conservation easement From Wikipedia, the free encyclopedia In the United States, a conservation easement is an easement - a transfer of usage rights -which creates a legally enforceable land preservation agreement between a landowner and a municipality or a qualified land protection organization (often called a "land trust"), for the purposes of conservation. It restricts real estate development, commercial and industrial uses, and certain other activities on a property to a mutually agreed upon level. The decision to place a conservation easement on a property is strictly a voluntary one where the easement is sold or donated. The restrictions, once set in place, "run with the land" and are binding on all future landowners (in other words, the restrictions are perpetual). The restrictions are spelled out in a legal document that is recorded in the local land records and the easement becomes a part of the chain of title for the property. The primary purpose of a conservation easement is to protect agricultural land, timber resources, and/or other valuable natural resources such as wildlife habitat, clean water, clean air, or scenic open space by separating the right to subdivide and build on the property fiU~ the other rights of ownership. The landowner who gives up these "development rights" continues to privately own and manage the land and may receive significant state and federal tax advantages for having donated the conservation easement. Perhaps more importantly, the landowner has contributed to the public good by preserving the conservation values associated with their land for future generations. In accepting the conservation easement, the easement holder has a responsibility to monitor future uses of the land to ensure compliance with the terms of the easement and to enforce the terms if a violation occurs. Contents ^ 1 Income Tax Deductions . 2 Estate Tax Reductions and Exclusions ^ 3 State and Property Tax Incentives . 4 Issues to Consider ^ 5 Purchase of ~igricuiturai Conservation Easement programs ^ 6 See also ^ 7 External links Income Tag Deductions Landowners who donate a "qualifying" conservation easement to a "qualified" land protection organization under the regulations set forth in 170(h) of the Internal Revenue Code may be eligible for a federal income tax deduction equal to the value of their donation. The value of the easement donation, as determined by a qualified appraiser, equals the difference between the fair market value of the property before and after the easement takes erect. To qualify for this income tax deduction, the easement must be: a) perpetual; b) held by a qualified governmental or non-profit organization; and, c) serve a valid "conservation purpose," meaning the property must have an aYy~.,ciabie natural, scenic, historic, scientific, recreational, or apen space value. http://en.wikipedia.org/w/index.php?title=Conservation easement printable--yes 3/16/2008 Conservation easement - Wikipedia, the free encyclopedia Page 2 of 3 As a result of new legislation signed by the President on August 17, 2006 (H.R. 4 -The Pensions Protection Act of 2006), in 2006 and 2007, conservation easement donors may deduct the value of their gift at the rate of 50% of their adjusted gross income (AGI) per year. Further, landowners with 50% or more of their income from agriculture may be able to deduct the donation at a rate of 100% of their AGI. Any amount of the donation remaining after the first year can be carried forward for fifteen additional years (allowing a maximum of sixteen years within which the deduction may be utilized), or until the amount of the deduction has been used up, whichever comes first. After the end of 2007 the expanded federal incentives will expire if they are not reauthorized by Congress and the old rules (a deducted at the rate of 30% of AGI with only a five year carryforward) will be back in effect. Estate Tax Reductions and Exclusions For landowners who will leave sizable estates upon their death, the most important financial impact of a conservation easement may be a significant reduction in estate taxes. Estate taxes often make it difficult for heirs to keep land intact and in the family because of high estate tax rates and high devel~y~~~ent value of land. It may be necessary to subdivide or sell land for devel.,y~~.ent in order to pay these taxes which may not be the desire of the landowner or their heirs. A conservation easement can often provide significant help with this problem in three important ways: 1. Reductir~n in Ijalue of Estate. The deceased's estate will be reduced by the value of the donated conservation easement. As a result, taxes will be lower because heirs will not be required to pay taxes on the extinguished devel.,t,~ent rights. In other words, heirs will only have to pay estate taxes on preserved farmland values, and not full development values. 2. Estate Exclusion. Section 2031(c) of the tax code provides further estate tax incentives for properties subject to a donated conservation easement. When property has a qualified conservation easement placed upon it, up to an additional 40% of the value of land (subject to a $500,000 cap) may be excluded from the estate when the landowner dies. 'This exclusion is in addition to the reduction in land value attributable to the easement itself as described above. 3. After Death Easement. Heirs may also receive these benefits (but not the income tax deduction) by electing to donate a conservation easement after the landowner's death and prior to filing the estate return (called a "postmortem" election). State and Pronea L ~ Tax Incentives 1 Finally, some states {Colorado, Virginia, Maryland, and North Carolina) offer a state income tax incentive and many states offer property tax incentives to conservation easement donors. Issues to Consider e Conservation easements may be extinguished by eminent domain when the public value of the proposed project exceeds that of the conservation interest being protected by the easeanent. ~ Conservation easements may result in a significant reduction in the sale price of the land because a builder can no longer develop it. In fact, this difference i~ value is the basis for the granting of the original tax incentives. Purcl>!ase of Agricultural Conservation Easement ~rogra>!ns http:/Jen.wikipedia.org/w/index.php?title~onservation easement&printable=yes 3/16/2008 Conservation easement - Wikipedia, the free encyclopedia Page 3 of 3 In 1974, Suffolk County in New York enacted the first PACE (also known as purchase of development rights or PDR) program. King County in Washington and the states of Maryland, Massachusetts, and Connecticut quickly followed suit. As of 2003, the PACE program operates in 23 states, including 19 statewide and more than 451ocal programs.[1] See also . Land use ^ Easement refuge ^ Prime farmland ^ William Ginsberg, attorney who litigated pioneering case regarding tax deductibility of conservation easements External links ^ "Conservation Easements":The Nature Conservancy. ^ The Conservation Easement Handbook: The Trust for Public Land and the Land Trust Alliance ^ Resources for Landowners: American Land Conservancy ^ "Understanding PACE" :American Farmland Trust ^ Farmland Information Center Retrieved fi.,~~~ "http://en.wikipedia.org/wiki/Conservation_easement" Categories: Real property law ~ Legal documents ~ Conservation ~ Urban studies and planning ~ Agriculture ~ Landscape architecture ^ This page was last modified on 25 February 2008, at 04;38. ^ All text is available under the terms of the GNU Free I?ocumentation License. (See C©pyrigl~ts for details.) Wikipedia® is a registered trademark of the Wikimedia Foundation, Inc., a U.S. registered 501(c) (3) tax-deductible nonprofit charity. http://en.wikipedia.org/w/index.php?title=Conservation easement&printable--yes 3/16/2008 THE CITY OF DUIJUgU@ r ~T "~j~ ~,' All-AmericaCity 1J 1J .11 Masterpiece on the Mississippi 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Request for City Council Work Session on Bluffland Recommendations DATE: May 27, 2008 Planning Services Manager Laura Carstens is transmitting information for the Work Session to be held Monday, June 9, 2008 at 6:00 p.m. on the Bluffland Recommendations. ~' ~-~ i-~ Michael G~'. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Laura Carstens, Planning Services Manager THE CITY OF Dubuque ~T T~ 1...~' All-AmetlcaCity ~J ,L, 1 Masterpiece on the Mississippi 2007 TO: Michael Van Milligen, City Manager FROM: Laura Carstens, Planning Services Manager ~ (~~ SUBJECT: Request for City Council Work Session on Bluffland Recommendations DATE: May 28, 2008 INTRODUCTION This memorandum transmits policy and bluff ordinance recommendations of the Bluffland Advisory Committee for a joint City Council work session with the Bluffland Advisory Committee and the Zoning Advisory Commission. This work session is tentatively scheduled for Monday, June 9, 2008, at 6:00 p.m. in the City Council Chamber, Historic Federal Building. Dinner would be at 5:30 p.m. DISCUSSION The purpose of the work session would be to review and discuss the Bluffland Advisory Committee's final recommendations and the proposed Bluff Overlay District regulations, and the Zoning Advisory Commission's recommendations for bluffland regulations, and then provide direction to staff. Bluffland Advisory Committee co-spokespersons Lou Oswald and John Brennan will present the Committee's recommendations to the Commission. Zoning Advisory Commission Vice-Chairperson Jeff Stiles will present the Commission's recommendations. With the previous Bluffland Advisory Committee recommendations, comments from the Unified Development Code (UDC) Citizen Advisory Committee would be provided. Due to scheduling constraints, the UDC Citizen Advisory Committee will have the opportunity to comment on the proposal at their June 25, 2008 meeting. Schedule A proposed schedule is for consideration of the bluffland recommendations follows. June 2: 60-day moratorium re: building permits for new principal structures in Bluff Overlay areas considered by City Council. June 9: Joint work session of City Council, Bluffland Advisory Committee and Zoning Advisory Commission to review and discuss Bluffland Advisory Committee and Zoning Advisory Commission recommendations for bluff development; City Request for City Council Work Session on Bluffland Recommendations Page 2 Council refers Bluff Overlay Districts ordinance to Zoning Advisory Commission for rezoning public hearing. June 18: UDC Citizen Advisory Committee packets mailed to Committee members. June 23: Zoning Advisory Commission public hearing notices for Bluff Overlay Districts ordinance mailed to affected property owners and public hearing notice for Bluff Overlay Districts ordinance sent to local newspaper. June 25: Zoning Advisory Commission packets mailed to Commissioners. UDC Citizen Advisory Committee reviews and comments on Bluff Overlay Districts ordinance. July 7: Zoning Advisory Commission public hearing on Bluff Overlay Districts ordinance; recommendations to City Couricil. July 21: City Council public hearing on Bluff Overlay Districts ordinance. BLUFFLAND ADVISORY COMMITTEE RECOMMENDATIONS 1. Bluffland Report - 2007 The Bluffland Report was prepared by JEO Consultants with input from the Bluffland Advisory Committee, City staff, and the general public. The report provides an introduction, a description of the process, survey results, definitions of bluffland areas, information on existing land uses, information on existing regulations, goals and objectives, and findings. This report was presented to the City Council at their November 26, 2007 work session. 2. Policv Recommendations Enclosed are the Bluffland Advisory Committee's policy recommendations as voted on at the April 15, 2008 Bluffland Advisory Committee meeting and dated April 29, 2008. These recommendations identify: 1. The Priority A and Priority B Bluffland Areas, 2. Policies and programs to identify and protect the Bluffland Areas from incompatible development, 3. Educational programs for property owners, and 4. Development of Bluff Overlay Districts. A map that generally depicts the Priority A and Priority B bluffland areas identified by the Committee follows the recommendations. Aerial photographs used by the Bluffland Advisory Committee in developing their recommendations are enclosed as well. 3. Proposed Bluff Overlav Districts Enclosed are the Committee's proposed Bluff Overlay Districts as voted on at the May 21, 2008 Bluffland Advisory Committee meeting. Request for City Council Work Session on Bluffland Recommendations Page 3 The Bluff Overlay Districts begin with a description of the intent of the regulations; definitions for Bluff, Top of Bluff, and Toe of Bluff; and a prohibition on cantilevered structures in the Bluffland Areas. A. BD-1 Bluff Overlav District The BD-1 Bluff Overlay District applies to all development of new principal structures on parcels greater than 15,000 square feet in area within the Priority A Bluffland Areas which are zoned R-1 Single-Family Residential. The designation of a Planned Unit Development District (PUD) within the BD-1 District cannot reduce or modify requirements of the BD-1 District. In addition to R-1 zoning regulations, the BD-1 District has provisions for: a. Impervious surface coverage of 50% maximum. b. Pre-construction erosion control measures and post-construction soil stabilization. c. Maximum height of any exposed foundation of 10 feet. d. No new principal structure constructed within 15 feet of the top of the bluff. e. City Manager approval of removal of live trees over twelve inches in diameter. f. City Manager approval of permit for excavation, filling or grading. g. In a PUD, no new principal structure constructed within 50 feet of the top of the bluff. B. BD-2 Bluff Overlav District The BD-2 Bluff Overlay District applies to all land within the Priority A Bluffland Areas which are zoned anything other than R-1 Single-Family Residential. The designation of a PUD within the BD-2 District cannot not reduce or modify requirements of the BD-2 District. In addition to underlying zoning regulations, the BD-2 District has provisions for: a City Council approval of final site and building plans prior to development. b City Manager or City Council approval of removal of live trees over twelve inches in diameter measured at 4 feet above ground level. c City Council approval of final site and building plans prior to excavation, filling or grading. d. Any new principal structure must be setback from the top of the bluff a distance greater than or equal to one-half of the height of the structure but in no event less than 15 feet. e. Maximum structure height of 60 feet. f. Post-development and pre-development over-the-bluff storm water discharge rates. Request for City Council Work Session on Bluffland Recommendations Page 4 g. Tree planting requirements for open space area of a site at least 20 trees per acre of a selection of native species approved by the City Manager. h. Maximum height of any exposed foundation of 10 feet. i. Impervious surface coverage of 40% maximum. j. In a PUD, no new principal structure constructed within 50 feet of the top of the bluff. There are additional provision for Final Site and Building Plans in the BD-2 District: (1) A location map which indicates surrounding property ownership and existing land uses. (2) Maps of existing and proposed site features of topography; building outlines; significant vegetation; streets, drives, and parking areas; and other significant features. (3) Detailed drawings of all proposed structure elevations, including signs, and samples of all proposed materials to be used on the exterior of structures. (4) A landscape plan indicating tree and shrub species, luminaire location, type and height, and provisions for effective plant material watering. (5) A circulation plan indicating pedestrian and vehicular movement systems and service access for receiving and trash removal. (6) A drainage, grading, utility, and erosion control plan. (7) An exterior lighting plan. (8) A plan for control of debris generated in the process of development and providing for cleanup of any such debris which is not controlled. For projects in the BD-2 District, the Zoning Advisory Commission is to review and report to the City Council regarding the proposed final site and building plans, specifying any recommended modifications. Waiver or reduction of any of the BD-2 District standards requires a favorable vote of at least three-fourths (3/4) of the City Council. Prior to the approval of final site and building plans in the BD-2 District, the City Council must find the proposed development is not in conflict with the Comprehensive Plan, the Request for City Council Work Session on Bluffland Recommendations Page 5 BD-2 District provisions, other applicable provisions of the City Code, and the proposed development is not incompatible with existing and approved development. Nonmaterial changes to previously approved final site and building may be approved by the City Manager provided that the changes do not involve: (1) Increase in floor area of structures, (2) Variance from any zoning ordinance requirement, (3) Change in exterior building material, or (4) Alteration of any condition made by the City Council. C. BD-3 Bluff Overlav District The BD-3 Bluff Overlay District applies to all development of new principal structures on parcels greater than 15,000 square feet in area within the Priority B Bluffland Areas regardless of underlying zoning. The designation of a PUD within the BD-3 District cannot not reduce or modify requirements of the BD-3 District. In addition to underlying zoning regulations, the BD-3 District has the same provisions as the BD-1 District for: a. Impervious surface coverage of 50% maximum. b. Pre-construction erosion control measures and post-construction soil stabilization. c. Maximum height of any exposed foundation of 10 feet. d. No new principal structure constructed within 15 feet of the top of the bluff. e. City Manager approval of removal of live trees over twelve inches in diameter. f. City Manager approval of permit for excavation, filling or grading. g. In a PUD, no new principal structure constructed within 50 feet of the top of the bluff. Diagrams depicting the setback provisions from the top of the bluff in the proposed BD districts and 2008 Comarehensive Plan Goals and Objectives relative to the bluffs follow the proposed ordinances. Comparison of Existing and Proaosed Regulations A chart comparing the Bluffland Advisory Committee's issues and concerns with the provisions of existing City Code and the proposed Bluff Overlay District regulations is enclosed. Planning Services Staff are prepared to review and discuss this chart. Analysis of Legal Issues An analysis by the City Attorney's Office of the legal issues posed by the proposed Bluff Overlay District regulations is enclosed. Assistant City Attorney Tim O'Brien will be present to review and discuss this information as needed. ZONING ADVISORY COMMISSION RECOMMENDATIONS The minutes of the Zoning Advisory Commission's January 30, 2008 and May 7, 2008 work sessions with the Bluffland Advisory Committee are enclosed. The Zoning Advisory Commission has consistently recommended the need for bulk regulations for Planned Unit Developments (PUDs), and "that they felt that the Bluffland Advisory Committee should focus on large scale developments -- not single-family residential. Dus~E MEMORANDUM March 12, 200] TO: Bluffland Advisory Committee FROM: Kyle L. Kritz, Associate Planner SUBJECT: Color photos of Mississippi River Bluffs The following color photographs of the bluffs along the Mississippi River were principally taken during the summers of 2005 and 2008. The photographs were taken from a helicopter and as part of an ongoing project to have a photo record of the city as it grows antl changes. These photographs are provided for your use and help to depict the bluffs as they currently exist within the corporate limits of the city of Dubuque. KLK/mkr Enclosures t 'Ir ~~ c 'i ,!!, `~ ~, ~~ II t I f. ~ ;z'"; I a FI I '~ ~..i u I_ ~~ "9 y ~. ., tirL` ''k w. 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(:VACS AVD ORJF.C'1'IV 4:S Gtypbalon p eveeon xoa ai p ~ i~~ercnt members o[ihag p reiolerured msaa e Qoesiian 1: W IIERC SUO~iIn me prolmfion of~ne einmxne ~luWx nuns- g iovs p UillsV~ueek (iM1O.a+vnere mulr 5 avu (uo~nanm<J a~miniimllY dis~n~4a~ er (wl ax)or vy (girex~YS) rye en g y ~eaz mio ana om of ~I~e 1, y (Mammy 2 5 5 I,516wiM1) ~ po: rr(o~ oV~ Qum ~ •noulJ one Area p urea. should tM1e~e b~m~nimum awnJarJ~, PUU, O. o6 (V+~ ~oiw -a.s sh9 ~ l2nestlan ii WliY Snouiu olio ololnona min ihuse lUOn~luoa oraos ba Vro~ecleU:~ Qunliryaof lfe ~s~exnnl ui0 (or n~nirey6eneenJOn~~Leaury, ae~We ics, io~r is n~ Cosiness, 9ooJ snore nay p lots n~en iorou J~OOrcAVSa of avallabla propeery-~h< nee061ufr, nl; ~h ~ ~a no p ie; A Clry coals ~.o~rume wy7~.eM /'mwoq~e x~~d,.,~,~u~ se ~,~~, o o ~ .,.~w~~„ a n~,.a. ~a~,a,oue. ro,,,.~~~,~rm~m~r~,ro,~e~.ocn~e~„r,~~~„rte~„m,ea,~w v e ..r er nmg.eQUinno~irmu..~enin~,eeprnv+~y owners neiiir ~~irii ere peens lri~e onn~n~ ~ FINDINGS `~rvnNG6 FioJinKe emurvc.~ x~ua oto q ~t dtyst rc. inasafid SSa~e~arnilaa in n 3 (nv) •I 9 c (Ie~SV 19'0 ~a ury)rw a vmaW s s x~n end in o nun~ar of cases P IJ ae vl °5' PP u2)~h ee iwn. 4 q(19°C aa.Be of~M Smames ui ~l~o urea ubeeb ~e)w 2) rains area r a ~) iFe ancoi hir~o~~ Jumw ena jo~ty of City Im b1o1R~~aupyml Javwr o ~ o,o p ct,onofsm,rnnu a~a ory of ~ of wnb p nol caul ~n p navoo 12ECOMME.~'DATIONS RP~~"„P~uo^~'~VF Reeommeudvtions xccomr~mnnnons atl ~Y^ la~o[a~e Gannon a ~imu u~we~i a~mi s e ~]' maasuiss wi~I~~M1al~uboq~a Clry~COde~~ p~omomai%~.ewlcep orsiaenar. gins saPrw reGmn G. txiGSF Creek, Middlalo~k ni~liin urylLnl~s 4om MlssissivP~ltin~~osoo~l~of US Zo 2 nGryao ~ s i v wowu P ~na.,ovh "" , cur ens~neo S imu m lump [arum n~uauml 5 wumo ac ry(3/4)vo ~e Wy Cnunr aeat M(nlunnea l]nxoe p ent) ~~;o APPENllfX nrerxmx J .,~..~ ~ y Ciq o[Dnbogae,IOwa: Crealiaa o[a OnlDed Development Gds nrrrrvox OlnfOand Advisory Committee Garvey Questions ary otnu6agao Is wmblolos u~o wWav sobtllvisloa sign, and l~is~otlcp~aronu~lon ~eguloilore into Do (U~n Io moniry. [Fa tiry Council I~ OP ed yan io e ~irn~c,nm.ixaimnm~xnnenr an.ylpp lil~~us fil me oluttxan. ~~~mgaus ~m VI'uiif Nf :m nt fbaieo~nn~~ fm '~ ~~ ~r~~~°~i~-n~~n`~ ~~w~v ~ UlNS~Y~6~L~1 ~~~~,~,~ ~ 3 ~ x 1 '~~u~,~a~~%la~,aam,e= a a ~ ~ f '~ aaa,~ ~e,~,a~~.~,N.:~s~„~~,~,~a s ,~eo ee, ,w~,..,«~~,,,,e„ P~w~°~° M~ti ~~r.e ~ mm~~in s~eie~neme., ~e~gwonnv o~sraa rve~gbbomom nsee ° ~ ~~ irv s~rcenamer, c,ee~er o~b~a~e oeuem,me~c oorco,eoo~ e ~~~m s; ienaiee°o e~4~e co ~°~H~sroneei soe~ery b^i1ry srakenoiaer, oubuQUe Area enamberoi commerce un~iry suxeboiaer, Dub qua Feaeration of Gabor unity s~akenoiaer, o rs un~iN Sakenoiaer, Dubuque eaara9otbRea~cars~sn. Lou osweitl ly takenoitler. Long Range Planning Atlvisory Commission rcey community s~akenoieer, ~aneriew grenue rveignbomooe assn. maoa councn munl s ~ i ~ iry tler , preserve our Blui lakeM1o fs ' ' J DUBUOUE~ BOARD OF REALTORS, INC. JL•~~ ouE `owe : ot.3sza In ~ ~ ~ ~ f~7 I~ n REALTOR-~ massam I ILIA! ~rr~ 6EP 26 20P7 ~`~`~ dhot ,e~ September]fi, 20d] I~LFn Ib DUI arvine. ravicesosa rt.iasur Honombla Mayor ROy UUOIffi City Council Ft ~Ch Michael Vvn Milligery City Manager Lama Carstaas, planning Services Manager Kyle Krlta, Assordata Planvar Re: Uubuyue lSlurFland ZoWng N addltlov to helDivg Customers and clievls buy mW sell property, Realtors have long beau so advocate for private property ngbrs including the highest and bell rue o(We laud. We atcmvicemcd about gavnmmevt regWnmcnls at all levels fha[greatly add to dra wsrof property ership. CUrzmlly, une ufthe consumers gearestproblemsis coping wiN the increasing number of osrly goverrmrenr and oowtimposed regularion; reaWtivg ut anmted delays and wtdal costa to the puce o[proparly, ivrerfrenoe with mensfa of property wd Ilw covtiwed aaslw ofprivate property rights. Marty o[om members wuWd view the BIWHrmd Plon s9 w assault ovpdvaro property tights. Mast ofthe IaiW that ie feasible ro be developed, has already bean developed and ownan should beable [o p ve theirpropeM1y as they wish Added restrlctiovs will oNy drive developers out of our city. We wish to voice em oppoeltlov to rhle plea Sinc/er~epl'y~,"/~~//~ le(ry rluggid, Press Dubuque Oomd of Realtors I GOmOflhahslve Bluff Plan: Prellminarv R!lommenoa0ons ' a "~a~~t~P'~~,'~~(~°~ ~oo~e~o~e=o~~s,oea~",~e11~m"~'~`~e~e o~~as~e~~,ea`~°a~~~a~;,°,e,e~~';~o,'rob"e=ae`~,~e=„~ ~e, p~~a s ~am~~,~,~,e.o.ola~.a~~ao~eP~a~~„e~~a~ea,P~ro~o~,~~a~, Pm,~,o„~ee~~nwe y'~a~ ~ecMs cA as seanle~ Wa ~5 cry~en a nsuai noes imiel g A rennanceuenaw~ ppe nce of ne qa~e. Yo ses eaury i empne~i s wnt feiiiH~~ be+ury orv blicp ces so nartneaa popu~iali ns oonanue~esrega~a one envimnm nl asuimponant encny ano mis vnll ~~~. a~ ~.~ ~. re,.. o, ~. e~~,.~d p.b. ~,~p ',~ a~.M~. ~~~ ~ma~ o~~m~.~~~~~a~~ 3 ~~°d.m~~.~~~;;~~~°d~a~.~,~~~om~,N~~ a~. ~ A o ~AJfne n ~~,~ v~. i~.~~ s~~.aN. x~revknM...n., a .m..~e ~. via=m. cM wmc ~ww f i e~mire.m e~'~e~re ryy~~a ~v~~m~~c~d m~~i.~:~a wmnw~m~~~mm~i~i ~•~c zl.wm ~ ~~~V mu~~1 iwue~.reym•d.n.a.w a•~m•u.eow~•«<x.ze..n~~a ~ ~usa~W hw..,. o~~yilp~~my..r~~.1ayp~~~,.~W®gaip.~Ni~.mmr o~wmi. ae~ s 14~ab EIMA~IRWISNw~(NRI~SNFAI LEA. CbRJMIf6AS ~~~•^~°arn u•p pry or pubutiueeiowa: creation e a uninea peueiopment code evelo0ment of pomOreben v Blun Plan P blic Survey pues~ions pryµm lne y~v ~cueuoue~mpommleocrei eecien auwanwsm~uwpre.~enalmnorreaerewpmerum IM lA J ~m muna~rav v:.xi^s eWecsnls4A6 mameno.aua ~~Ine ai Mama ryryyyµ~ J/ _ ~.etimmwruit _-_~ - ._._ ~nareiumrpmrnuunwex za a - -=_ l _-_z __~ Y ^ s s s Irteeere~aosemormueaorowmW .ire:x«il~mrrvwseree) ~~~~wggqqd^^^^^^~~ey`~~~~~gppmpp~~A~iooMO~numoeraew.lnommt ~~jnln~a,kPol~lli~ocla rc mn L __- i em ~ LS~m~uel Ofro mie.nimavre Mlwnre tic ~u~ ~rvoneoemneaoon -- ~~~ o~~o~,~ ~~o ~~~ ~~b°o~,r~~~o. a~o,~,~.,~~a.,NO.~,~,e,~~~~awe~ea~~..w~,~,~.~.a~e~, ~~d1~9~e°~ .~a,~,~~~ea~o~~a~~,..~~<e ~.„e,ro~b~„„~~a,o, ~~;;~NGA~a~a"ia~~.,,~ a,~.~~,~e~~oe~~~~~~,ems~~~„~~~.,a,ar~o~e, „> wog ~~,atis ~g~~ e ~,mao,~do~n ~,~~ s~aw,e~n,a,,~a~,o.~o,~on,~.~,ooo~m~. «a N~~n~~' o o~~,«oe~~~,Y,~~,o,nawaeo,~,~m~n~,.oa~~~„~ ~, Fo~~,.a,AO, ,~~ ~A ~aeeoP ,_e,e~ ,~,fi„a > ~~a,~, s~ m g 2l mp wnntwm. su ao.w <m~gc rs eAga (one M' pp :M+ian6 g d~u sM1O~elma a.exs ~~I ~~miry Ad(sia ~ p~ rvg eenanry ~n io ~e)nn..m P Rom ilia miaix ne ~ .o.ar ro. snK ~)rne ~r ~n p ena o~+-s«vaaisi se bi= mvl srcc& mebuik reg lauoosmi~mn~mre.~mmm.~ yc~ota =ryh or ,~ ~ Poy a=m ~ o~v o~~a~~,4 onH,. ~,a. a o~~~,. ~,~a ~mm ~a ma~n~w,~~ae ..m ~o ro~~«,~ m~~n. a,~a~~~ ~ ~~a ae ~,n~ma na apre.o ~e nem'~~nµa~~nev m=r=mmr °a~,m e~,~d~oTo~~.,no,ae,~ .>~e,„~„~~o,~~~a~~>a,~o, e ~ ee~'e„a. P ~.e~= ~oo~o o,~,o e P~e~ris ,ao,a,~,um ,e o v,~~,~,~ow~e~~aa , "°~~,o~o o ,., g >> v ~,~ ;e~'a~,i~ee~o;f~„~ane,,,~~a~~.~ ~, ~do~~,wo,k~„~,,,~,,,,,,o~oF= ~~ Cily of Nubuque Blufilond Brea f _~ 3~,``2> ~,,' yam' y _ GENERAL BLUFF OVERLAY DISTRICTS 1. Intent-The Mississippi River Bluff and other bluffs in Dubuque are unique natural s which occur along the Mississippi River. Due to the historic, scenic and mental value of these bluffs, certain regulatory measures are required in ortleroto assure that the integrity of these bluffs in Dubuque is aln[ainetl as development antl retlevelopment occurs along the bluffs. The City of Dubuque Comprehensive Plan presents the rationale for the provisions of the overlay zoning district. It Is [he purpose of the Bluff Overlay Districts to establish regulations which will permit regulated development on the bluffs in accordance with the Comprehensive Plan. 2. Detini[ions. The following tlefinitions shall apply to BLUFF OVERLAY DISTRICTS. (a) Bluff -any slope steeper than a one-foot rise Duero distance of 5.5 feat horizontal measured between the Toe of the Bluff and the Top of the Bluff, and higher than 50 feet vertical measured from the Top of the Bluff. (b)TOp of the Bluff -the point on the upper edge ofa slope at which a slope of 18% or less averagetl over 5.5 feet (measured along the surface of the ground)begins. (c) Tae of the Bluff -the point on the lower edge of a slope at which a slope of 18% or less averaged over 5.5 feet (measuretl along the surface of the grountl) begins. 3. No structure shall be construcletl on any lot within any Bluff Overlay District so as to extend beyond the Top of the Bluff, over or onto the Bluff. BD-1 BLUFF OVERLAY DISTRICT 1. Applicability -The BD-1 Bluff Overlay District shall apply to all development of ew principal structures on parcels greater than 15,000 square feet in area within that podlon of the Gity of Dubuque shown as Priority Area A on the map attached hereto antl which Is which are zoned to an underlying zoning district designation of Single-Family Residential (R-1). The designation ofa Planned Unit Development District (PUD) within the BD-1 Bluft Overlay District shall not reduce or motlify requirements of the BD-1 Bluff Overlay District. 2. Uses -All uses allowed in the Single-Family Residential (R-i) zoning district are permiltetl in the BD-1 Bluff Overlay District subject to the provisions of the untlerlying zoning tlistrict and the BD-1 Bluff Overlay District. 3. Development Regulations - In addition ro [he provisions of the underlying zoning district, the following provisions shall apply to development of covered parcels within the BD-1 BIuH Development Overlay Dlstrict a. Impervious surtace coverage shall not exceetl 50% of lot area within the BD- 1 Bluff Overlay District. b. Preceding any construction, erosion control measures shall be employed. Following construction, soil stabilization shall occur at the earliest possible time. Scdding, ground covers, shrubs and trees may be required by the City Manager to fulfill this cblective. c. The maximum height of any exposed foundation shall not exceetl 10 feet. tl. No new principal structure shall be constructetl within 15 feet of the Top of the Bluff e. No Ilve tree greater than twelve Inches in tllameter measured four feet above ground level shall be cut or removed without approval by the City Manager. (. No excavation, flung cr grading shall take place without issuance of a permit for development by the City Manager. g. In any new or amended PUD District wholly or partly within this Bluff Overlay District, no new principal structure shall be constructed within 50 feet of the Top of the Bluff BD-2 BLUFF OVERLAY DISTRICT 1. Applicability -The BD-2 Bluff Overlay District shall apply to all development of ew principal structures on parcels greater than 15,000 square feet in area within [hat portion of the Clty of Dubuque shown as Priority Area A on the map of attached hereto and which Is ned to an untlerlying zoning tlistrict designation other than ft-1 Single Family Residential District. The designation ofa Planned Unit Development District (PUD) within the BD-2 Bluff Overlay District shall not reduce or modify requirements of the BD-2 Bluff Overlay District. 2. Uses -All uses allcwetl in the applicable underlying zoning tlistrict are permidetl in the applicable portion of the BD-2 Bluff Overlay Dlstrict subject to the provisions of the untlerlying zoning tlistrict and the BD-2 Bluff Overlay District. 3. Development Regulations -In adtlition to the provisions of the untlerlying zoning tlistrict, [he fallowing provisions shall further regulate all development within the 8D-2 Bluff Overlay District: a No permits for development shall be issued without approval of final site and builtling plans by the City Council. b No live tree greater than 12 inches in diameter measured four feet above ground level shall be cut or removed without approval by the City Manager or as approved by the City Council in the final site antl builtling plans. c Nc excavation, filling or grading shall take place without approval of final site end builtling plans by the City Gounoil, with the goal that tlisturbanoe of the bluff face is minimized. d. Any new principal structure shall be setback from the Top of the Bluff a distance greater than or equal to one-half of the height of the structure but in no event less than 15 feet e. Maximum structure height shall be governed by the applicable underlying zoning district stantlard, but in no event greater than 60 fee[. f. Post-development o er-the-bluff storm water tlischarge rate shall be na greater than pre-development over-the-bluff storm water discharge rate. g. For the open space area ofa site at least 20 trees per acre ofa selection of native species approvetl by the City Manager. Trees which are planted to eat this requirement shall be of an averagetwo-inch caliper measure with o trees of less than o inch caliper m e being inclutletl In the erage. Existing trees of the designatetl species may be c untetl in eating this requirement provided they are greater than two in~h caliper n situations in which planting cf middle to late successional trees woultlube inappropriate, the Clty Manager may approve a reforestation plan utilizing other appropriate trees species. h. The maximum height of any exposed foundation shall not exceed 10 feet. i. Impervious surtace coverage shall not exceetl 40% of any parcel. j. In any new or amended Pt10 District wholly or partly within this Bluff Overlay District, no new principal structure shall be construc[etl within 50 feet of the Top cf the Bluff 5. Final Site antl Building Plans a. The developer shall submit final site antl builtling plans which include the following information; (1) A location map which indicates property ow ershlp surrounding the proposed development and their existing land uses. (2) Maps of existing and proposed site features ate scale of one to fifty or larger which indicate ropography in two-foot contours; build lnq outlines; location of significant vegetation; location of streets, drives, and parking areas, antl other sig nificant features. (3) Detailed drawings of all proposed structure elevations, Including signs. Samples of all proposed materials which will be used on the exterior of structures shall be submiGetl with the elevation drawings. (4) A landscape plan indicating tree and shrub species, luminaire location, type and heig ht, and provisions foreffective pia nt material watering. (5) A crouletion plan indicating pedestrian end vehioular m ant systems. This plan shall also inclutle service access for recei~ing and trash removal. (8) A dreinege, grading, uM1lify, end erosion contml plan which meets the requirements of the City Code. (~]) An exterior IigMing plan in oompllanoe with the City Code. (8) A plan for control of debris geneated in the process of development and providing for cleanup of any such debris which is not controlled. (g) Any other information deemed necessary by the City Council in ortler to evaluate plans. (10) Any other information required by the site plan provisions of Appendix A of the City Code or the City Manager. b. Prior to review by [he Clty Council, the proposed final site antl building plans shall be reviewed by the Zoning Atlvisory Commission antl the City Council shall receive a report from the Zoning Advisory Commission, specifying any mended modifications to the final site and build log plans. At the time ofoconsitleration of foal site antl builtling plans, the City Council may, by motion and malority vote, modify foal site and building plans and specify any additional development standards ne sary to as re that the proposed de~elopmem meets me'mtent of me Bo-z ewff o~eday Diavict and to assure that the proposed development is appropriately related to adjoining public streets and adjacent land uses. Waiver or reduction of any of [he standards established for the BD-2 Bluff Overlay District shall require a favorable vote of at least three-fourths (3/4) of the council. c. The City Council shall find the following prior to the approval of foal site and building plans. (1) The proposed development is not in conflict with the Comprehensive Plan. (2) The proposed development is not in conflict with the BD-2 Bluff Overlay District provisions. (3) The proposed development is not in conflict with other applicable provisions of the City Code. (4) The proposed develcpment is not incompatible with existing and approved development. d. Nonmaterial changes to final site and building plans previously approved by the City Ccuncil may be approved by the City Manager provided that the changes do not involve the following: (1) Increase in flocr area of structures. (2) Variance from any zoning ordinance requirement. (3) Change In exterior building material. (4) Alteration of any condition attached or modification to the foal site and building plans made by the City Council: BD-3 BLUFF OVERLAY DISTRICT 1. Applicability -The BD-3 Bluff Overlay District shall apply to all development of ew principal structures cn parcels greater than 15,000 square feet in area within that portion of the City of Dubuque shown as PricriTy Area B on the map attached hereto. The designation of a Planned Unit Development District (PUD) within the BD-3 Bluff Overlay District shall not retluce or motlNy requirements of the BD-3 Bluff Overlay District. 3. Uses -All uses allowed In the applicable underlying zoning tlistric[ are permitted in the applicable portion of the BD-3 Bluff Overlay District subject to the provisions cf the untlerlying zoning district and the BD3 Bluff Overlay District. 4. Development Regulations - In addition to the provisions of the untlerlying zoning tlishic[, the following provisions shall apply to tlevelopment of covered parcels within the BD-3 Bluff Overlay District: a. Impervious surtace coverage shall not exceetl 5g% of lot area within the BD- 3 Bluff Overlay District. b. Precetling any construction, a control m s shall be employed. Following construction, soil stebill etlon shell occuu at the earliest possible time. Sodding, ground covers, shrubs antl trees may be requiretl by the City Manager to fulfill this objective. c. The maximum height of any exposetl fountlatlon shall not exceed 10 feet. d. Nc new principal structure shall be constructetl within 15 feet of the Top of the Bluff. e. No live tree greater than twelve inches in diameter measured four feet above grountl level shall be cut cr removed without approval by the City Manager. f. No excavation, filling or grading shall take place without issuance of a permit for tlevelopment by the City Manager. g. any new or amended PUD District wholly or partly within this Bluff Overlay District, no new principal structure shall be constructetl within 50 feet of the Top of the Bluff -'~~~5 =d. ~~"1t s ran , a F -, CJ .,~ f ~--:aA !i!I)lillll~ ~ ~~ ~ Ca,~:l~ov~J I~<k ~ ~~ ~ ~- (31,,.C,~ ~ « To c ¢ r31 ~.~'~ GOALS AND OBJECTIVES IN THE 2008 DUBUpUE COMPREHENSIVE PLAN RELATIVE TO THE BLUFFS LAND IISF AND ARRAN DESIGN FI FMFNT Goal 4. To balance open space antl environmental preservation with the community's tlevelapmenl neetls. Off'. 4.5 Support management of development along bluff lines and protect scenic vistas. 4.] Support protection of undeveloped and underdeveloped remaining land along bluff-lines. 4.9 Encourage the State of Iowa to acquire open spacelagriculWral preserve around the Mines of Spain State Recreation Area as a buffer to protect the park's natural antl historical features and the Mississippi River blufflantls. Goal 7. To promote the protection, preservation and enhancement o(ihe blodiversity of the city's bluffs and prairies, wetlands, walenvays, and all natural areas, and encourage partnerships. (l e ] .cl~Encourage environmentally appropriate public use of, and access to, the unity's bluffs, wetlands and watern~ays. ] 3 Encourage protection and restoration of these sensitive areas as development and redevelopment occurs, including along the riverfront bluffs. BluHlantl Issues & Concerns ' Existing Ciry Regulations BAC Propose0 BD Bluff Ov rlay DisMC[s Itlentifietl by BAC Aesthetics Design guidelines for locally Not regulated by Bluff Overlay Districts', tlefer to existing Cotle. designated historic districts, Por[ of Dubuque, and "Big Box" Retell ', Archeological5ites Not regulated by Me City unless in Not regulated by Bluff Overlay Districts; tlefer [o existing code. locally tlesignaietl historic tllstricts or landmark sites (eg-Four MquntlsJ. 6acklll Engineering regulates In public right- Not regulated by Bluff Overlay Distracts; defer to existing code. of-way, building Cotle atldress backfill arountl foundations. Cantileveretl structures Building Cotle. BD-1, BD-2, 8 DD-3: No structure shall be constructed so as fo exlentl beyond the top of the bluff, aver or onto the bluff. Construction tlebris or ocher wa being dumped aver bluff ste Nuisance Cotle. BD-2:Post-tlevelopment over-the-bluR Storm water discharge rate shall be no greater than pre-0evelopment over-the-bluff storm water ~~ ~ tlischafge rate. , Digging Into face of bluff Not regulatetl by the City. BD-2: No permits for tlevelopment shall be issuetl without approval '.. Df foal site and builtling plans by the Ciry Council. N ' c a filling orgxtling shall take place without approval of final site ntl builtling plans by the City Council, with the goal that disturbance of the bluff face is minimizetl. Erosion'. require for tlls[urbetl a rea Erosion 8 Betliment Contml Permit BD-1 & BD-3: Precetling any construction, erosion control of 2go sq. R. or greater requiretl for tlisturbed area of 1 acre s shall be employed. Following construction, soil re (see Btormweter Pollution stabilization shell oocur al tha earliest possible time. Sotlding, Prevention Plan checklist). ground covers, shrubs antl trees may be requiretl by the City Manager io fulfill this objective. BD-2'. The tleveloper shall submit final site antl builtling plans which Inclutle the follovnng Information. A tlrainage, gratling, utility, and erosion control plan which meets the requirements of the City Cotle. BluHland Issues 8 concerns existing city Hegutations eac Proposed eD elan Overlay Districts Itlentifietl by 6AC Exposed foundations Builtling Cotle. BD-1, BD-2.8 BD-3'. The maximum height Of any exposetl foundation shall not exceetl i0 feet. Habitat: itlentify mre antl Not regulatetl by the Ciiy. ~. Not regulated by BIUH Overlay Districts. entlangered planl8 animal ''. species antl mitigate adverse impacts Height Restrictions Zoning Ordinance (varies by tlstrict). BD-2 Maximum structure height shall be governetl by the applicable underlying zoning tlistract standard, but In no event greater than 69 feet. j Historic Bhuctures antl Sites Design Review for locally designatetl Not regulated by BlUROVeday Districts; defer to existing code. historic districts or lantlmark sites. Impervious area Zoning Ordinance (varies by use)'. BD-1 8 BD-3'. Impervious surface coverage shall not exceed 50%of Single antl Two-Pamily lots can have lot area up to 80h imperious surface erage: all other uses can go as 8D-2: Impervious surtace coverage shall not exceetl 40%of any high as 9g% impervious surtace parcel. coverage. Karst Hydrology Engine ring re wfor s[omtwater m Not regulatetl by Bluff Overlay Districts; tlefer to existing cotle. can[rol clutles hytlrDlogy. Planned Unit Development OisVict None; each PUD is a customizetl BD-1, BD-2, & 8D3: The tlesignatlDn of a PUO within the BIUR (PUD) Restrictions zoning tllstrict. Overlay District shall not reduce or motlify requirements of the BIUH Overlay Distract. Regulations basetl Dn size of None. BD-1, BD-2, 8 DD-3: New principal structures on parcels greater single-family home than 15,gDg square feet In area. Scenic Vista Nol regulatetl by the City. No[regulatetl by Bluff Overlay DlsMCls. BlufBantl lssuesBGoncerns Exis8n8 Gity Re8ula8ons BAC Proposed BD Blutt Overlay Districts Identifietl by BAC Setbacks from toe ortop of bluff Zoning Ortlinance setbacks basetl BD-18BD-3: NO new principal siruIXUre shall be constructetl wtlhin on property lines. 15 feet of the top of [he bluff; in PUD's this setback increases to 50 feet. BD-2'. Any new principal structure shall be setback fmm the top of the bluff a dstanca greater Nan or equal to h [he heiBM of fhe structure but no less than 15 feet. In PUO's this setback increases to 58 feet. Shatlow/Sunshine setbacks Not regulated by the City. Not regulated by BluHOVerlay Districts. Signs Building COtleBZOning Ortlinance BD-2: The tleveloper shall submitfinal site antl builtling plans wryich (varies by district). nclude the following information: Detailed drawings of all pmposetl structure elevations, including signs. Slope: conslruIXion activity Single antl Two Family: None unless 6D-1 8 BD3: No excavation, filling or gratling shall take place resting changes to"natural" slope pad ofa subtllvision oflacre or more withcut issuance ofa permit fordevelopment by Ne City Manager. . BD-2: No permits for development shall be issuetl without approval Multi-Family, Of(ce, Commercial, of float site and builtling plans by the City Council. No excavation, Institutional, Industrial and Public filling or grading shall take place without approval of final site antl Projects: Site Plan review antl building plans byihe City Council, with the goal that tlisturbance of approval (see Dlte Plan checklist). Ne bluff face is minlmlzetl- Stability of Bluff Builtling Offcial has authority to re uire a structural anal sts rior to Not regulated by Bluff Overlay DisMCts; tlefer [o existing cotle. q y p issuing a building permit. S[epback requirements Not regulatetl by the City. Not regulatetl by Bluff Overlay Districts. Stormwater Engineering reviewsfor stormwater 8D-2:Post-tlevelopmeni over-the-bluff storm watertlischarye rate trot on all site plans; stormwater shall be no greater than pre-tlevelopment aver-the-bluff Storm water detention requiretl for all new dlscharye rate. The tleveloper shall submit foal site antl building developments of 1 acre or more. plans which include the following information: Adreinane. nradinn. BlufFlantl Issues 8 Concerns Existing City Regulations ', BAC Proposetl BD Bluff Overlay Districts Itlen[ifetl by BAC utility, and erosion control plan which meets the requirements of the CiN Cotle. Vegetation: re 1 cutting for Not regulatetl by the City. BD-1 8 BD-3'. No Ilve tree greater tM1an twelve Inches in tliameter hetle tree survey prior to c uretl tour feet above ground level sM1all be cut or removed a utting, removal of invasive specles wit hout approval by the City Manager. BD-2: No live tree greater than twelve inches in tliameter measured fourfeet above ground level shall be cut or removed without approval by the City Manager or as approved by the Cly Council in the final site and builtling plans. For the open space a of a site at least 20 trees per acre of a ' eclion of native species approved by [he City Manager. Trees which are plantetl to meet this requirement shall be of an average two inch caliper measure with no trees of less than one-inch caliper e being I clutletl in the a erage. Existing trees of [he designatetl species may be c untetl in Bering this requirement provided they a e greater than two-Inch caliper m In situations in which planting of mitltlle to late s nal tr oultl be nappropriate, the Ciry Manager mayssapproveeea reforestation plan utilizing other appropriate trees species. Revised 05122/08 ~~~\` DUBL~[7~E MEMORANDUM A`uuYeryirfe on the Misslssipgl Jn s (TIrtQ A. O'Baiex, Esp. AsslESTnrvT CITY ATTORNEY To: Laura Carstens Planning Services Manager Dare: May 28, 2008 R[: Bluff Overlay Districts -City Attorney's Office Comments The following sets forth the comments of the City Attorney's Office regarding the draft Bluff Overlay Districts Zoning Regulations: i. These prpposetl regulations may in a number of conceivable situations result In a "taking' of private property by the City which woultl require compensation be paid to the owners. This could occur In a number of ways, but the most obvious is with a parcel greater than one-third (%) a where the configurallon of a particular piece of property o ar [heebluff and the 15-foot setback requirements makes it impossible unde the proposed regulations for the owner to use the property for any purpose. This can occur when an entire parcel is rentlered unusable as well as a situation where a substantial portion pfa parcel rendered unusable. The effect could be reducetl by exempting larger parcels and reducing the setback. 2. In the BD-1 antl BD-2 areas there are approximately 160 resitlential properties er 15,000 square feet in area. In BD3 there are approximately 110 resitlential pmperlies over 15,000 square feet in area. Increasing the exempt lol size in BD- 1 and BD-3 areas to one-half (%) ac or larger would reduce these numbers ewhal. The drak as Is would regulate a large number of one- and two-family resitlential properties. In analyzing the proposed regulations as a whole, It appears that the draft makes the following additions to current regulations. 1. The vast majority of bluffland Is zoned R-1 or R-2 or Is publicly owned and Is rently regulated except tor: i) the setback from the bluff specified in the bluffland regulations', 2) runoff antl a control antl 3) the prohibition of building beyond the bluff top on the bluff face. 2. PUD zoning remains available but may not relax the bluHland overlay standards. 3. Height limitations are no more strict than those in R-1 or R-2 zones. 4. ftezonings, amentlments and variances to the overlay district will always be available. 5. Live trees with a diameter greater than 12 Inches measured four feet above ground level may not be wt without approval. cc. Kyle Kritz, Associate Planner `~' 1JU$E (}A tI II If Mnsferyiere h M ~ssippi D1 y111U r MINUTES ZONING ADVISORY COMMISSION WORK SESSION Wetlnestlay, May ~, 2008 6:30 p. m. City Council Chamber, Historic Fetleral Builtling 350 W. 6th Street, Dubuque, Iowa PRESENT: Chairperson Eugene Blrtl Jr.', Commissioners Jeff Stiles, Stephen Hardie, Charles Miller and Dlck Schiltz', Staff Members Tlm O'Brien, Laura Carstens, K~~le K-rz aid Guy Hemenway. ABSENT: Co-ii_~oii~is fAa;the Christ and ROn Smllh. CALL TO ORDER: The meeting was called to order a16:30 p.m. AFFII]A IT AFC MPLIANCE' Staff presented an Affidavit of Compliance verifying that the mee ing was eing held in compliance with the Iowa Open Meetings Law. MINUTES: The minutes of the April 2, 2008, meeting were approvetl unanimously as submitted. PNBLIC MEETINC,~ Rlnfflantl AAv~cry~l asfnr(t Man PrccnnfatinnlRaviPw of !trait f)rAinanrr Chairperson k~ d ked for a presentation by the Bluffland Advisory Committee representatives. Lou Oswald, 1000 Nowata Street, in[rotlucetl himself as a representative of the BlufFland Advisory Committee. He outlined the Committee's history antl asketl that the Zoning Advisory Commission re and discuss the boat recommendations tlrafted by the Bluffland Advisory Committee. Mr. Oswald outlined priority areas and an overlay tlistrictfor bluHland preservation. He said that the proposed regulations were applicable to parcels of land of 15,000 square feet or greater antl for new construction. John Brennan, 1432 S. Grantlview, ofteretl to answer any questions the Commission hatl. He said that the Bluffland Atlvisory Committee felt strongly that bluffs must be protected because they represents unique and defining characteristic for the City of Dubuque. He Minutes -Zoning Advisory Commission May ], 2008 Page 2 said without current topographic maps, it is difficult to identify the lots that will be affected by the propasetl regulations. He re ended that the proposed regulations be incorporated into the\planned unit development standards. Ghairperson~ugene B~ Jr'asked that the discussion be moved back to the table. Commissioner Hardie said that his opinion had not changed regarding bluff regulations. He said he feels that the Bluffland Advisory Committee is attempting [o overregulate. He said he feels that these regulations were drafted in response to Nuo large PUOS and that he not aware of any other substantial development proposed for the bluff area. He said he understood the Gommiltee's desire to protect the bluffs, but that common sense should prevail and the City should not get bogged down in overregulation. Mr. Oswald staled [hat he feels the direction from the Zoning Advisory Commission, atlheir last meeting, was to have the Bluffland Advisory Committee craft moderate regulations for bluff protection. He discussed the recommendation to protect trees of over 12 inches in diameter at four feet in height from being removed from the bluffs. Commissioner Hardie asked why trees on private properly needed to be protected. Mr. Oswald said it was a matter of aesthetics. Mr. Oswald discussed proposed setback and building height regulations for blufFlantl area. Commissioner Hardie said he still feels that many cf the regulations stemmed from personal preferences and aesthetics which, he said, are subjective. He questioned why new principal buildings are regulated and accessory structures are not. Commissioners and Committee members discussed different regulations for principal and ssory buildings. Commissioner Miller asked for clarifcation regading property s' ability to rebuild a structure within the existing footprint of the fcnner structure and how that affects nonconforming status. Assistant City Attorney Tlm O'Brien clarified the conforming status of buildings and how they could be rebuilt within the proposed blufflantl area. Commissioner Miller questioned what the Bluffland Advisory Committee was trying to protect. Mr. Oswald referenced the Comprehensive Plan and stated that one of the principal goals of the plan is to protect and preserve blufFland area and scenic vistas. He said that future development on the bluffs should be compatible with the scale of existing development. Commissioner Hardie asked Mr. Brennan and Mr. Oswald if there was any current architecture on the bluff that they deemed objectionable. Neither Mr. Oswald nor Mr. ' Minutes -Zoning Advisory Commission May ], 2008 Page 3 Brennan identified any structure. Mr. Brennan said tha[the BlufFland Advisory Committee's intent was to protect the existing tapestry of development from future large-scale tlevelopment. Commissioner Hardie recommended that the Bluffland Advisory Committee craft PUD regulations to limit the size and height of development within the defned bluff area. He said that PUD regulations could be crafted that were more stringent that the existing underlying zoning district regulations. Mr. Oswald saitl that the Bluffland Atlvisory Committee's challenge is to movefonvard with balanced regulations for bluff protection in an attempt to be good stewartls of the land. Commissioner Schiltz said that he feels the proposed regulations just represent another layer of beauracracy, and that they had been crafted in reaction to two proposed large developments. He said that he is not in favor cf additional regulation. Mr. Oswald left the meeting at ]:05 p.m. Commissioner Stiles said that the bluffs are beautiful, but that beauty and aesthetics are relative. He said he feels thatthe large historic residential architecture that lines the bluffs large part of what makes them attractive. He said that modified PUD regulations could still insure that large scale development is dcne in a sensitive manner. He saitl that he ould not wan[ to be prohibltetl from removing a tree from his own property along the bluff He said that he agrees with the other Commissioners that PUD regulations would be more effective in protecting and preserving the bluff. Commissioner Miller said that he feels these regulations represented an erosion of private property rights. He said that large structures built along the bluff's edge provide an amenity to the city and make Dubuque a tourist destination. Chairperson Bird re entletl that the Blufflantl Advisory Committee croft PUD guitlelines with less str ngenl language than outlinetl In the recommendations provided to [he Commission, He said that any regulations would be subjec[ro City Council review and that sometimes tough decisions have to be made regardless of what regulations are in place. Commissioner Stiles recommended that the Bluffland Advisory Committee craft PUD regulations for large scale develcpment and resubmit them to the Zoning Atlvisory Commission. Mr. Brennan said that if common sense guitlelines. were put in place, property owners and developers coultl undertake projects without the need fora PUD rezoning. He said he will Minutes -Zoning Advisory Commission May ], 2008 Page 4 take the Zoning Atlvisory Commission's recommentlations back to the Bluffland Advisory Committee for their review. Commissioners thanked the Blufflantl Atlvisory Committee for their work. IT_ SF A ere~e PP"~edPf~ws Staff Member Krilz discussed the re ised Bylaws antl asked if the Commissioners ended any additional changesV The Commission discussed the bylaws and felt that they were appropriate, as amentletl. Motion by Hardie, s ontled by Stlles to approve the a entled Zoning Advisory Commission Bylaws. Motion carried by the following vote: Aye -Miller, Hardie, Schutz, Stiles and Birtl; Nay-None. AO.IONRNMFNT~ The meeting adjourned at ]:30 p.m Respectfully submitted, Kyle L. Kritz, Associate Planner Adopted llU$E Mnsferyims on (he ppl p'~y~p:~ qq II~1~1 II MINUTES ZONING ADVISORY COMMISSION SPECIAL SESSION Wetlnesday, January 30, 2006 6:30 p.m. Autlkorium, Carnegie Stout Public Library 380 W. 11th Street, Dubuque, Iowa PRESENT: C~~.,~~H,.,.,.,~~EUgene Bird, Jr.; Vice Chairperson Jeff Stiles,Commissioners Stephen Hartlie and Ron Smith; Staff Members Laum Carstens, Kyle Kritr antl Tim O'Brien. ABSENT: Commissioners Dick Schiltz, Martha Christ and Charles Miller. CAI 1. TD (]RDER~ The meeting was calletl to order at 6:30 p.m. -flPn~~T nF~(~V~~~,MCE: Staff presented an Affidavit of Compliance verirying [hat the mee ing wa bA{'~f§ IQ' co~mpl~ianc)e w~iltlh thleJ~Iowa Ople~n Me'r~'yel~hSnyn~gyscTLa(wn. y1Q9/ T ~~~~~lTff~,l~P~.~6~e~ Peen Ertl as~Ceo~ {or f(re~mLSpao~ce PerbOrls Of k~7~ fSlLffl~d Atlvisory Committee (BAC) to make a prosentatlon. Lou Oswald, 1080 Nowata, co-spokesperson for the RAC, re wed with the Zoning Atlvisory Commission (ZAC) members the goals of the BAC. He Ireviewetl the concerns ihatihe ZAC brought up atthe November ], 200] ZAC meeting as outlined in the minutes of that meeting. Mr. OswaM intlicatetl that the BAC would try to atltlress the concerns ised by the ZAC, antl indicated that [he BAC does not believe that existing regulations sufficient to protectbluffs in the community. Mr. Oswald stated that the BAC wants to develop regulations that strike a balance beNUeen the preservation of our bluffs and the future growth and development of the community. John Brennan, 1432 S. Grendview Avenue, cospokesperson for the BAC, reviewed that the BAC had been meeting for about a year, antl that while the initial size of the groupwas larger, people have mme and gone throughoutthattime, antl that[here has always been a re group of members who consistently meet. Mr. Brennan reviewed that the BAC ivetl input Gom the Assistant Cdy Attorney Tim O'Brien attheir October200] meeting, and court have usetl more time before the Council work session in November 200] to prepare their rocommentlations. Mr. Brennan indicated thatihe Council directetl the BAC to establish what their concerns a xisling regulations to see what, if any loopholes may exist and to work with thevZAC [o develop appropriate regulations. Mr. Brennan indicated that Dubuque is lucky to have the bluffs, and that protection of these areas shouts be on par with that of historic preservation tlistricts, and that the bluHland Minutes -Zoning Advisory Commission January 30, 2000 Page 2 a should be protected from out of character development. Mr. Brennan indicated that he felt that there has always been a large number of people who value the bluffs prior tc Mr. Spiegel's proposed projects at Eagle Point and River Pointe, but that these prolecfs cpenetl the eyes of many people to what could occur in our bluffland area. Mr. Brennan Indicated that one of the concerns of the BAC is that a developer could buy up individual parcels of land along the bluffs, and then propose a large out-of-scale project. Mr. Brennan indicated that the area is already densely developed, and can i handle significant In density because of the inadequate sVee[system. He indicated that the BAC coot Sn favor of taking property o regulating smaller moderately priced single-family houses, but is more interested in creating proactive regulations to protect the blutis from large, out of character developments. Mr. Brennan also indicated there are also enfal issues the group is concerned with, including storm water and erosion. Mr. Brennan concluded by stating that they hope to foster better communication with the ZAC and gain their perspective at this meeting. Chairperson Blrtl opened the meeting to remarks from any BAC members who wished tc speak. Dick Vorwald, 2921 Washington Street, distributed written comments and stated he was a lifelong Oubuquer. He said he felt if wasa misunderstanding that the BAC members only became interested when the River Pointe project was propcsetl. He felt that many of the embers have long been concerned about protection of the Citys blufFlantls. Mr. Vorwald wed changes the BAC has made from their initial recommendations. He reviewed the Mln'nesota example of regulations for bluffland areas as being addressed in three ways - from environmental, economic development and archeological standpoints. Mr. Vonvald Indicated that the existing site plan review checklist the City uses for new developments Quid be modified to control erosion in areas along [he bluffs, including reducing the disturbed area requirement fo trigger having to obtain an erasion control permit because of the unique environmental conditions of [he bluffland areas. Mr. Vorwaltl noted that with the Green Initiative underway in Dubuque, these changes would be in keeping with that goal. Mr. Vonvald also indicated that the historic preservation guidelines are an example of how the aesthetic Issues can be addressed in the bluffland areas, with some modifications to reflect the unique nature of the blufflands. Jim Gonyier, 935 Oxford Street, slated that regulating the blufflands is a difficult undertaking, and thatthe initial recommentlatlonswen somewhat rushed and there wasn ~ lime to reflect on the proposals before going to Council. Mr. Gonyier Indicated the new revisions are based on input from the City Council, the ZAC and Legal staff. Katherine Fischer, 531 E. Heller Street, East Dubuque, Illinois, stated the community needs to think progressively regarding preservation of the bluffland areas and not as is development versus a mental co Ms. Fischer indicated that mic development also stands to gain from enhancing the environmental protection egulatlons and that the people involved with this issue need Fo seek common ground. Minutes-Zoning Advisory Commission January 30, 2008 Page 3 Chairperson Bird then asked ZAC members for their thoughts. Vice Chairperson Stiles thanked the BAC members for their commitment, and staietl he does not think that it's the BAC Versus the ZAC. He noted that the ZAC members do not have a "side' In this argument, but often work as a broker between citizen groups antl the developer of a proposetl project. Commissioner Stiles reviewed that there were many public hearings on the River Pointe project that gave people with tlifferent views ample opportunity to express them. He indicated he felt the River Pointe development was in character with the bluff area because the materials used antl setbacks. Commissioner Stiles intlicated he was supportive of going through the concerns previously noted by BAC embers, but cautioned that any kintl of regulation is a balancing act between competing needs in the community. Commissioner Hardie intlicated that he believes that the impetus for creating the BAC and any proposed regulations is because of the River Pointe antl Eagle Point protects. He noted that both protects were PUDS antl while he does have concerns forihe existing PUD regulations particularly in these cases, he is not aware of any other concerns regarding the blufflantl area other than [hose two large projects. He indicated he hatl no problems with ant large homes built on the bluff, and has heard no outcry about them. He believes Building Cotles that require structural engineers to certify plans as being sound for bluff- fype locations are a good itlea, but does not want to stop unique architectural designs. Commissioner Hardie used the a ample cf Fmnk Lloyd Wright's Falling Water as architecture that you would not necessarily want to see restrictetl by new regulations. He intlicated that he maybe In favor of a height restriction and that he feels PUDS are better suited to commercial types cf projects, whether they bemulti-family, such as River Pointe, r retailprojects. He felt that there is not enough criteria In existing PUD regulations and that should be addressed, but he is not In favor of additional regulations specifically for the bluffland areas. Commissioner Smith indicated he agreed with comments made by Commissioner Hardie, and he believes that most of what is proposed by the BAC is already covered by existing regulations. Chairperson Bird indlca[etl that he shares in the comments of the other Commissioners. He noted that there is an existing process with the ZAC and City Council that allows for people to get involved and to have their opinions expressed. He statetl he believes that this existing process, which Is a case-by-case process, is the best way to Insure a high quality tlevelopment without adding another level of bureaucracy. Chairperson Birtl then invited the BAC co-spokespersons to make any closing remarks. Lou Osveald stated that he was saddened that the ZAC wouldn't support new bluffland regulations. Mr. Oswaltl notetl thatthe BAC Speaks forihe people who spoke in opposition Minutes -Zoning Atlvisory Commission January 30, 2008 Page 4 to [he River Pointe project and that a PUD is meant for mixed Income developments and not a gated community. Commissioner Hardie Indicated that a PUD is not necessarily exclusively intentletl for a fixed income project, but rather that the River Pointe project followed the process, was well advertised and was modified from its original concept. Commissioner Hardie intllcatetl he was not totally happy with the outcome of the process, but that Is the essence of a democratic process, antl wondered how the BAG woultl propose fo alter that process. Mr. Oswaltl re wetl [hat the BAC proposetl the regulation that woultl establish a percentage slope, antl that if it was extendetl along the bluff, it would only have allowed a 10-story building instead of the 12-story builtlings allowed for River Pointe. Commissioner Hardie stated he does not have a problem developing bulk standards for PUDs such as River Pointe, but noted that most of the bluffland area is currently zoned residential. Mr. Oswaltl statetl that [he greater gootl of the community must be more important than a single land owner, antl thatihere are not adequate regulations in place, and woultl have to think that Jeff Nagle will wontler what happened when the process allows a new 240-foot tall condo building to be built near his single-family home. Mr. Oswald indicated that the unify cannot just sell our land foratax base. Mr. Oswald Indicated (hat the BAC is not interested in condemnation of property and noted that Commissioner Smith referretl to his bluff top subtlivision as his lantl, antl was concernetl about regulations affecting his property. Mr. Oswald intllcated iha[the lantl was no[COmmissionerSmith's, butlhat itwas the community's lantl. Commissioner Smith indicated that it was his understanding that land owners had the right to develop their property within the regulations established by the community, antl wondered why this would be controversial. Commissioner Hardie intlicatetl It appears that the BAC wants to develop regulations to protect the bluffs, but that most of the area along the bluffs is zoned residential. He intlicaled he was not in favor of new regulations on existing single-family homes. Mr. Oswald intllcated he was concerned that appropriate regulations will not be in place to prevent further out-of-character development on the blufflands. Commissioner Hardie stated that if that Is the BAC's concern, then they should be looking to adtlress large scale projects, and not single-family homes. Mr. Oswald intllcated that his concern is that the ZAC appears to say that the existing regulations are adequate. Minutes-Zoning Advisory Commission January 30, 2008 Page 5 Commissioner Hardie reiterated his remarks regartling atlequacy of existing regulations regard lc single-family homes antl R-1 zoning, and noted that the BAC should not be rsurprised by these comments tonight because the ZAC had been consistent in its position. John Brennan indicatetl that tluring the River Pointe public hearings, some City Council embers saitl thatthey did not have regulations in place regarding bluff top properties, and so they were bountl to have to pass the project. Commissioner Hardie responded that this was not true; that the Council never has to approve a rezoning. Mr. Brennan questianetl whether the ZAC woultl be open to a regulation that would prohibit PUD tllsiricis within bluffland areas. Commissioner Hardie responded that in his opinion, this woultl go too far, but that bulk standards need to be developed for PUDS. Chairperson elrtl notetl that currently the PUD regulations allow anything to be proposetl, antl that through [he process of review by the ZAC and City Ccuncil, that standards are applletl at that lime, so that if there are concens about a project, those concerns must be brought up at the time of the public hearings. Commissioner Hartlie stated that he believes the BAC could help by providing specific suggestions that target large scale PUDS. Chairperson Blyd noted [hatwhatever standards that the BAG develops for blufflantls, they eed to bear in mind that they need to have teeth, and be specific in what they are looking for and notjust in general terms. Commissioner Stiles indicatetl that the problem in his view is [hat98 % of the bluffland area reatly tleveloped, and that he supports the other Commissioners who have intlicatetl that they believe the BAC should come up with bulk standards for blufflantl PUDS. Mr. Brennan indicated that he felt it was a gcotl suggestion to develop bulk standards for PUDS and noted that the BAG is concerned about the buying up of small single-family lots by a developerwho woultl then combine them to build a large structure. Mr. Brennan also brcughf up a concern he has about construction of new homes with exposed foundations. Commissioner Hardle Indicated he was not In favor of a regulation that would restrict a cedain type of building style- i.e., exposed foundation, and noted that many communities have them, including the San Francisco, California area. Minutes-Zoning Advisory Commission January 30, 2008 Page 6 Dick Vorwaltl stated he would submit information from the Minneapolis area and indicated that any development should take Into account the sail type and slope, and there should also be regulations on thetype of backfJl material used on asite. He noted that there are regulations pertaining to bluff stability in the Building Code, and that the best management practices, like Minneapolis has, should be used in Dubuque. Jim Gonyier indicated that as the BAC went through the process, they were told that Council members wanted guidelines to follow because when the River Point project went through, while they had input from people, there were no guidelines to help guide them in their decision. Commissioner Hardie reiterated that he believes that the scope of the regulations need to be narrow and specific. Jarc Sebek, 994 Mt Loretla, indicated that he is concerned about the paradigm of green. He reviewed the Solar Shadow Analysis that is used by Boulder, Colorado, including the checklist, and asked whether that was something the ZAC members would consider. Chairperson Birtl reviewetl[he public hearing process forteM amendments. He noted that the ZAC does not have [he final say, and that it would be wrong for him or the Commission to give direction on whether they would approve a particular type of regulation, such as a Solar Shadow Analysis requirement, without input from other concerned parties through the public hearing process. Mr. Sebek asked if this was something that could be applied for separately from a PUD. Chairperson Birtl indicated that yes, anyone could bring forward a text amendment tc the ZAC and City Council. ' Chairperson Bird thanked all of the people in attendance for their discussion and input. C^~^~~QUM~.NT' Motion by Smith, seconded by Hardie, to adjourn the meeting. Motion passed unanimously. The meeting adjourned at ]:41 p. m. Respectfully submitted ~h C (;vif. s~o5Jo8 Kyle2. Kritz, Associe4e Plenner Adopted ~~- 2~ ..o " '~1 C`~ ~~ Priority Areas Priority A - B-1 Priority A - B-2 Priority B - B-3 3 u~f Over ay district 'riori#y Areas --- a ~, Y~ ~~ 0 -, r" A~ rlnn~~- .--^+.r._ ~w..r~°~°"" ~ ~ .;~ DISCLAIMER: This information was compiled using the Dubuque Area Geographic Information System (DAGIS), which includes data created by both the City oT 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 its suppliers do ~,~i, 6, not warrant the accuracy or currency of the i~~~,.~~~~ation or data ~ ~ contained herein. The City and participating agencies shall not '~ ~ be held Gable for any direct, indirect, incidental, consequential, punitive, or special damages, whether foreseeable or unforeseeable, arising out of the authorized or unauthorized i rn use of this data or the inability to use this data or out of any breach of warranty whatsoever. If ~~ ,~