Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Bluffland Overlay District Ordinance 1
THE CITY OF Dubuque AN-AmP~iicaCity DUB E t - Masterpiece on the Mississippi 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Bluffland DATE: July 15, 2008 In response to an inquiry, City Attorney Barry Lindahl advises that if asingle-family dwelling (or duplex, or multi-family dwelling not exceeding 6 units) impacted by the proposed Bluffland Ordinance were destroyed by fire, the residence could be rebuilt, but not enlarged. Other structures that receive more than 75% damage would need to comply with the new Ordinance. For this purpose, a bed and breakfast would be treated as asingle-family residence. The relevant City of Dubuque Code of Ordinance section provides as follows: 4-6.5. Reconstruction of certain lawful nonconforming structures. Should any lawful nonconforming structure be destroyed by any means to an extent of more than seventy-five (75) percent of its replacement cost at the time of destruction, it may only be reconstructed in conformance with the provisions of this ordinance provided that the destruction was caused by an accident or act of God occurring after the adoption of this ordinance and such reconstruction does not increase the degree of nonconformity that existed prior to destruction; except that lawful nonconforming structures that are single-family detached dwellings, duplexes or townhouses of no more than two (2) laterally attached single-family dwellings, or multifamily dwellings, townhouses not exceeding six (6) units may be reconstructed. ~j ~ '1/ `'~ Michael C. Van Milligen MCVM/jh cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager THE CITY oh Dubuque j ~" D V B AlMmericaCigr E ~w 1 Masterpiece on the Mississippi a '' 2007 TO: Michael Van Milligen, City Manager FROM: Kyle L. Kritz, Associate Planner SUBJECT: Council Questions regarding Bluff Overlay District DATE: July 16, 2008 There are three questions which you asked Planning staff to research regarding the proposed Bluff Overlay District. 1. How much of the Bluff Overlay District is privately owned? 2. Percentage of the Bluff Overlay District covered by single-family homes. 3. Percentage of the Bluff Overlay District owned by the City of Dubuque. The proposed Bluff Overlay District encompasses 1,568 acres of land. Of that acreage, 67% is privately owned. This figure was arrived by subtracting from the total acreage property owned by local, county, school district, state, and federal governmental entities. Single-family homes cover 32% of the proposed Bluff Overlay District. The remaining 35% of privately owned property is developed for the following land uses: Agricultural property - 14% Religious institutions - 6.5% Railroad property - 5.5% Multi-family residences - 3.5% Commercial - 5.5% The City of Dubuque owns 30% of the proposed Bluff Overlay District, or 477 acres. This figure includes city rights-of-way as well as City-owned parcels, facilities, and parkland. City streets account for 151 acres. Please contact me if you need additional information or clarification of the above information. KLK/mkr July 16.2008 The Honorable Mayor and Members of the City Council--Bluff lands Ordinance City of Dubuque, City Hall, Dubuque, Iowa Dear Mayor and Council Persons, As a resident and owner of several acres of land within the City which will be affected by any Council action on the proposed Bluff lands Ordinance, I would like to take this opportunity to speak "In Favor" of the proposed modest provisions of the Ordinance. I. In the view of many, there needs to be an on-going balance between the preservation of our natural resources, including the rights of the citizenry in general, and the right of individuals to "develop" their private property as they see fit. THAT'S WHY WE HAVE ZONING ORDINANCES TO BEGIN WITH. II. The Proposed modest regulations, based in my view on common sense will give any individual or institution little if any cause to challenge the proposed ordinance on a financial, takings, or aesthetic consideration basis. Dozens of homes in Dubuque, including my own are "set back" well within the framework of the proposed regulations, and I can assure you having been a Bluff lands resident for a number of years that the natural beauty of vistas from atop Bluff lands has not been nor will it be compromised by the proposed ordinance. III. As you know, other zoning ordinances including overlay, HPD, and other sensitive areas of the City have been in place for years, and have had beneficial effects not only for individual property owners but for the well being of the City. Therefore, there is ample on-going precedent for regulatory ordinances such as proposed for the Bluff lands. IV. Critical for all steep slopes regardless of location is the need for shrubs, trees, and other rooted natural vegetation to prevent erosion and scarring of hillsides and steep terrain in general: we all know the severe consequences, aesthetic, financial and liability wise of policies that do not protect natural Bluff land vegetation. V. With regard to property values in general, the abuse of our neighbor regarding construction and/or despoiling of natural vegetation can, does and will have a negative aesthetic and financial effect on adjacent and even community property values. Present ordinances prevent adverse property uses which can negatively affect quality of life and/or property values of the adjacent citizenry. VI. Our Bluff lands as well as those present in the Upper Mississippi Valley and its Tributaries are CULTURAL, AESTHETIC and HISTORIC resources of the citizenry, and of the well being of our communities, such as Dubuque, in general. It is with these thoughts in mind that I urge your FAVORABLE CONSIDERATION of the proposed Bluff lands Ordinance. S~Jr 7 ^ `~ ¢ ~ ~ E P~CTf=U LG ~~ ~E ~~ ~~ ~ ~ ~nr ge Planning Services Department City Hall 50 West 13~ Street Dubuque, IA 52001-4864 (563) 589-4210 phone (563) 589-4221 fax (563) 690-6678 TDD planning@cityofdubuque.org THE CITY OF Dubuque DuB E Masterpiece on the Mississippi '' ~ I 2007 July 14, 2008 The Honorable Mayor and City Council Members City of Dubuque City Hall - 50 W. 13th Street Dubuque IA 52001 Applicant: City of Dubuque Description: Bluff Overlay District Dear Mayor and City Council Members: The City of Dubuque Zoning Advisory Commission has reviewed the above-cited request. The application, staff report and related materials are attached for your review. Discussion Planning Services Manager Laura Carstens reviewed the proposed regulations that would be applied to property within the proposed Bluff Overlay District, including requirements for erosion control, setback from the bluff top for parcels larger than 15,000 square feet, no construction beyond the top of bluff for any size parcel, and prohibiting exposed concrete foundations exceeding 10 feet. Staff Member Carstens reviewed the definition of a bluff, top of bluff and how it is delineated, the boundaries of the overlay district, underlying zoning, characteristics of the area, impact of regulations on nonconformities, potential for a taking and impact on the Zoning Board of Adjustment's workload for waivers. There were public comments both in favor and against the proposed regulations. Speakers in support of the text amendment spoke to the need to protect and preserve the community's bluffs from incompatible development, the need for additional erosion control requirements, height restrictions for PUDs and that the City has not protected the bluff as well as it should. Speakers who spoke in opposition to the text amendment noted small residential developments have not caused problems in the past, that the regulations will discourage re-investment in bluff land property, and that the Building Services Department has the right to require a structural analysis before issuance of a building permit. Service People Integrity Responsibility Innovation Teamwork The Honorable Mayor and City Council Members Page 2 Speakers opposed to the text amendment also cited concerns regarding the "takings" issue, difficulty in applying proposed regulations and negative impact on the value of their property. The Zoning Advisory Commission discussed the request, noting that they, as a body, have been consistent in their discussions with the Bluffland Advisory Committee that new bluff regulations should be applied to only PUDs. The Commission members noted concern regarding how a bluff is defined and that there appears to be a disconnect between what the Bluffland Advisory Committee was trying to accomplish and the final recommendations. Recommendation By a vote of 6 to 0, with one abstention, the Zoning Advisory Commission recommends that the City Council deny the request. A simple majority vote is needed for the City Council to concur in the recommendation to deny. A super majority vote is needed for the City Council to approve the request. Res1pectfully submitted, /?+ ,~~~- ~~~ Jeff Stiles, Chairperson Zoning Advisory Commission F:\USERS\Kmunson\WP\City Council\2008\CC 07_21_08\Text Amendment Bluff Overlay District (City) cc.ltr.doc Service People Integrity Responsibility Innovation Teamwork THE CTTY OF DUB E ~~~~. PLANNING APPLICATION FORM ^Variance ^Rezoning ^Simple Site Plan ^Conditional Use Permit ^Planned District ^Minor Site Plan ^Appeal ^Preliminary Plat ^Major Site Plan ^Special Exception ^Minor Final Plat ^Major Final Plat ^Limited Setback Waiver ®Text Amendment ^Simple Subdivision Please type or print legibly in ink City of Dubuque Planning Services Department Dubuque, IA 52001-4864 Phone:563-589-4210 Fax: 563-589-4221 ^Annexation ^Temporary Use Permit ^Certificate of Economic Non-Viability ^Certificate of Appropriateness ^C~ther: Property owner(s): N/A Phone: Address: Fax Number: obile/Cellular Number: State: Zip: Applicant/Agent: City of Dubuque Phone: 589-4210 ~ Address: 50 W. 13th Street City: Dubuque State: Iowa Zip: 52001 Fax Number: 589-4221 Mobile/Cellular Number: N/A Site location/address: See Exhibit A map (attached) Existing zoning: Varies Proposed zoning: Same Historic District: Varies Landmark: N/A Legal Description (Bidwell parcel ID# or lot number/block number/subdivision): N/A Total property (lot) area (square feet or acres): N/A Describe proposal and reason necessary (attach a letter of explanation, if needed): To amend the Zoning Ordinance to create a new Section 3-5.7 Bluff Overlay District. CERTIFICATION: I/we, the undersigned, do hereby certify that: 1. The information submitted herein is true and correct to the best of my/our knowledge and upon submittal becomes public record; 2. Fees are not refundable and payment does not guarantee approval; and 3. All additional required written and graphic materials are attached. Property Owner(s): Date: _ Applicant/Agent: ~ Date: ~ j~ FOR OFFICE USE ONLY -APPLICATION SUBMITTAL CHECKLIST Fee: ~_ Received by: ~~~L"'"° L'-" Date: Docket: ^ Site/sketch plan ^ Conceptual Development Plan ^Photo ^ Plat ^ Improvement plans ^ Design review project description ^ Floor plan ^ Other: _ City: Prepared by: Laura Carstens, Citv Planner Address: City Hall, 50 W. 13th St Telephone: 589-4210 Return to: Jeanne Schneider, Citv Clerk Address: City Hall- 50 W. 13 St Telephone: 589-4121 ORDINANCE NO. 08 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY ADDING NEW LANGUAGE ESTABLISHING A BLUFF OVERLAY DISTRICT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by adding a new Section 3-5.7 which establishes standards a bluff overlay district as follows: 3-5.7 Bluff Overlay District: A. Intent: The Mississippi River and Catfish Creek bluffs in Dubuque are unique natural resources. Due to the historic scenic and environmental value of these bluffs, certain regulatory measures are required in order to assure that the integrity of these bluffs in Dubuque is maintained as development and redevelopment occurs along the bluffs. The City of Dubuque Comprehensive Plan presents the rationale for the provisions of the overlay zoning district. It is the purpose of the Bluff Overlay District to establish regulations, which will permit regulated development on the bluffs in accordance with the Comprehensive Plan. B. Bluff Overlay District Boundary. The Bluff Overlay District shall encompass property within the corporate limits of Dubuque as indicated on Exhibit A. C. Definitions: The following definitions shall apply to the Bluff Overlay District. 1. Bluff: Any slope steeper than aone-foot rise over a distance of 5.5 feet horizontal measured between the toe of the bluff and the top of Bluff Overlay District Ordinance No. -08 Page 2 the bluff, and higher than 50 feet vertical measured from the top of the bluff. 2. Top of the Bluff: The point on the upper edge of a slope at which a slope of 18% or less averaged over 5.5 feet (measured along the surface of the ground) begins. 3. Toe of Bluff: The point on the lower edge of a slope at which a slope of 18% or less averaged over 5.5 feet (measured along the surface of the ground) begins. D. Prohibited Structures: No structure shall be constructed on any lot within the Bluff Overlay District so as to extend beyond the top of the bluff. E. Erosion and Sediment Control: Preceding any activity resulting in the filling of or disturbance of land on any lot in the Bluff Overlay District, erosion and sediment control measures approved by the City Manager shall be employed. Following any such activity, soil stabilization shall occur at the earliest possible time. Sodding, ground cover, shrubs, trees and other control measures may be required by the City Manager to fulfill this objective. F. Development Regulations: In addition to the provisions of the underlying zoning district, the following provisions shall apply to the development of new principal structures on any lot greater than 15,000 square feet in area within the Bluff Overlay District. The maximum height of any exposed concrete foundation shall not exceed 10 feet. 2. Any new principal structure shall be set back 15 feet from the top of the bluff. Section 2. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this day of 2008. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk EXHIBITA ~„ (~,j Bluff Overlay District ~~~_, ~~ a, ~ J _ ~ '~~;h r t___.A - -~' V , ~~ ~ ~ ~ ~~ _._ , ~, o I b ~ __( ; ~ _e~.~ o ~ i.r p o -, '~~ 1 ,; ~, .- r__ ~}. ;- a ~ ~ ~ cep . '( ~.. ~_,,~~ _ _ A 7 ,1 t ,{J .~~ f t t ~~ ~~ ~ ~ l~ i ~~~ i~ 4 fit/ 1 I z ,_. ~ ~. , .., _ ~. 1 ~. 4 ~ ~~~t ~ ~ i ~ 1 .~~,. ~' f ~. . --~ r _, - .. - __, , ~~ 1,1,1 ~; ~ 1~~ --,`~ ~ )~4- ~ - ~- ` ~! ~`-_ 1 1 ,, z _~ ~~._ ~ ~ fl~l Q. SYt AN,I~~ ~ i` t ~.~~ ~ ~r ~ 1 ~RSIN~~~ : ~`~ r t --_', ~~.~ ~~ ~ t~~ ~ 4 ~_'~ ~ ~, ' ' '~~ ~ .,~ a • _. d -- ~~ ~,~ - ~ ~~ ~:~_1t _~_ °-' ~ ~ ~~DGE~~~~'_ _ . ~I~ f ~ ~~ 9 ~o } d - i DIiCI.AINER: TMs iMOmretlon was canpiled uslny the Dubuque Area Geotgephic IMOrtnation System (DAGIS), wNch includes data created by Goth the Cily of Dubuque end Dubuque Count'. K Is understood that, while the Clly of Dubuque and peNdpatlnp agendas utiized the most euneM end accurate fManmtlan avelbbb, DAGI3 end Its suppUers do not warren the acetraey or errrcttey d the IMarrrretian or date coMelned herdn. The City and pertldpating aperrdes shell nd be held Hebb for any bred, ind'ved, ineldeMal, toraequentlel, puMtlve, er spedal demel)es, whether foreseeabb or uMoreseeabb, edsirg out M the euthorized or urreuthorized use of thts data or the inabiply to use tMs date or out oT arry txeaeh of warranty whatsoever. 0 `7'1 ` S2 ~ i Planning\Blufft~!~ ~ it Bluff Ov lay Dist t vicinity Map 06_10_8 THE CTTY OF D B E U Masterpiece on the Mississippi TO: Zoning Advisory Commission FROM: Laura Carstens, Planning Services Mar~a~~ Dubuque Aq-AmericaCity ~~ ~r zoos SUBJECT: Zoning Ordinance Text Amendment -- Proposed Bluff Overlay District DATE: June 24, 2008 INTRODUCTION This memorandum transmits the staff analysis of the proposed Zoning Ordinance text amendment to create a new Section 3-5.7 for a Bluff Overlay District. The Zoning Advisory Commission is scheduled to hold a public hearing on the text amendment on July 2, 2008. The City Council is scheduled to hold a public hearing on the text amendment on July 21, 2008. The proposed Bluff Overlay District is subject to a moratorium on the issuance of permits until August 5, 2008. There are 1,025 lots in the proposed Bluff Overlay District. Although not required by City Code, 702 public hearing notices were mailed to property owners of record in the proposed district on June 16, 2008. Planning and Legal staff held a public open house for affected property owners on June 23, 2008. BACKGROUND In response to controversies over the past several years with proposals for private condominium developments on bluffland sites, the City Council retained JEO Consulting Group, Inc. to facilitate an inclusive process involving the general community and stakeholders on all sides of the issue of bluffland development vs. preservation and to complete a comprehensive bluff plan. The plan was part of JEO Consulting Group's contract with the City to create a UDC (Unified Development Code), which will combine the City's zoning, subdivision, historic preservation, and sign regulations into a single chapter of the City Code. In August 2006, the City Council appointed a Bluffland Advisory Committee (BAC) to work with City staff and the consultants to develop a plan to balance bluffland preservation and development. This group of citizens worked for 18 months to develop their recommendations for bluffland areas, policies and regulations. The Zoning Advisory Commission held two work sessions with the BAC on January 30, 2008 and May 7, 2008. The minutes of these work sessions are enclosed. Zoning Ordinance Text Amendment -- Proposed Bluff Overlay District Page 2 The City Council held two work sessions with the Commission and BAC on November 26, 2007 and June 9, 2008. The minutes of these work sessions are enclosed. At the June 9, 2008 work session, the City Council referred the proposed Bluff Overlay District to the Zoning Advisory Commission for consideration. 2007 Bluffland Report JEO Consulting Group prepared a written inventory of the critical issues to be addressed. The consultants evaluated open space protection, bluffland preservation and development regulations, policies, and other appropriate measures. JEO Consulting and City staff reviewed regulatory options, and then worked with the BAC to develop policy and regulatory recommendations for bluffland preservation and development. This information is provided in the enclosed 2007 Bluffland Report. The goal was to develop a plan with strategies and potential new regulatory tools to balance preservation and development of the bluffs. The BAC was surveyed and held brainstorming sessions to define what and where blufflands are, and to list issues and set priorities: Where should protection of the bluffland extend? What property should be protected? How should the area be protected? Why should. the area be protected? Survey results identified the top issues as: scenic views of the bluff, historic character, and scenic views from the bluff; and the top features as: natural and scenic, and defining element of Dubuque. The Goals & Objectives developed were: Goal 1: Protect the bluff areas; Goal 2: Retain existing parks and open spaces; Goal 3: Maintain character of the bluff (existing conditions); and Goal 4: Balance property owner's rights with community needs. The BAC defined bluffland areas along the Mississippi River, U.S. 20 gateway from Illinois, U.S. 52 north, and Catfish Creek from the Mississippi River to U.S. 20. The BAC felt these were the most prominent, visible and characteristic of the area's geology. The bluffland areas include both developed and undeveloped slopes. Public land is a large portion of bluffland areas (Figures 4a & 4b). Existing Land Uses are predominantly Single Family which is reflected in the zoning. Existing Regulations that can be applied to bluffland areas include: historic districts (figure 5), conservation districts (figure 6), storm water permits, and zoning regulations (Figures 7a-7d). Findings of the report are summarized as follows. The Existing Bluffland Evaluation indicates: not all areas meeting definition should necessarily be regulated; vegetation is not a natural or historic state; bluffs were cleared and terraced; invasive species of trees are present; and views of and from the bluffs must be balanced. The Urbanized Areas Evaluation indicates: 19t" Century development of bluffs in downtown; dominant urbanized areas are along the River and U.S. 52 north corridor; minimal vacant land; and platting along the bluff is irregular and can include lots from ridge to toe. Evaluation Zoning Ordinance Text Amendment -- Proposed Bluff Overlay District Page 3 of Undeveloped Areas/Under-developed Areas is generally at the north and south ends along the River, and adjacent to Eagle Point Park, Four Mounds, and Mines of Spain. Existing Protections are: storm water permits, historic and conservation districts, City and State ownership, and zoning (POS Public Open Space, e.g.). 2008 SDAT Resort Dubuque was selected by the AIA Center for Communities by Design as one of 7 cities in the nation to receive technical assistance under the Sustainable Design Assessment Team (SDAT) Program in 2007. The SDAT program is AIA's community assistance program that focuses on the principles of sustainability. sustainability is defined by a community's ability to meet the environmental, economic, and social equity needs of today without reducing the ability of future generations to meet their needs. The collaborative SDAT program brought together a team of volunteer professional (architects, landscape architect, planners, and others) to work with Dubuque's community decision-makers and stakeholders to help them develop a vision and framework for a sustainable future, provide a roadmap for Dubuque to improve the community's sustainability, and to achieve balance between cultural, environmental, and economic systems. The City of Dubuque identified 5 major planning issues as the focus for the SDAT. One of the major issues was "Bluff Development vs. Bluff Preservation". A summary of the enclosed bluffland recommendations in the 2008 SDAT report follows. Preservation issues identified in the blufflands were: viewsheds, community character, nature, historic and cultural features, recreation, stewardship, tourism, and education. Development issues identified in the blufflands were: harmony, physical limits, public rights vs. private rights, storm water, and economic. Specific recommendations regarding the sustainability of the blufflands are based on the need for an overall vision or master plan for the blufflands, as described below. Primary Recommendation: The Master Plan Vision • Conduct a thorough mapping and analysis of the blufflands to develop a Master Plan that prioritizes areas for sustainable growth and preservation, including opportunities to establish greenways along the blufflands. Secondary Recommendations to be Considered in the Master Plan Process • Viewsheds: The City should work with the county, state, region and local community to preserve the viewsheds, both from within the bluffs and up to and across the bluffs. • Character: There are two types of character relative to the blufflands: o Architectural Character: Future planning and zoning regulations should consider existing scale and architectural character of the blufflands. Zoning Ordinance Text Amendment -- Proposed Bluff Overlay District Page 4 o Landscape Character: Specific areas should be identified for protection of landscape features and elements. • Recreation and Leisure: Identify and promote opportunities for recreation, ecotourism, heritage tourism, and other leisure activities relating to the bluffs. • Education: Engage the citizens of Dubuque in the visioning process, wherein they can help to guide the future -- and implement the sustainability -- of the blufflands. • Economic Value: Plan economic development carefully to preserve character. • Maintenance: Analyze long-term maintenance of the recommended features, vegetation, and stability of the bluffs. DISCUSSION The proposed Bluff Overlay District is a text amendment to the Special Districts section of the Zoning Ordinance.. Similar overlay districts include the Freeway Sign Overlay, Floodplain Overlay, and Restricted Height Overlay. Underlying zoning regulations apply in the overlay areas unless superseded by more restrictive overlay regulations. Proposed Regulations The Bluff Overlay District ordinance includes a description of the intent of the regulations; definitions for Bluff, Top of Bluff, and Toe of Bluff; prohibited structures; erosion and sediment control; development regulations; and a map of the overlay area. Intent The intent of the regulations is to assure that the integrity of the Mississippi River and Catfish Creek bluffs in Dubuque is maintained as development and redevelopment occurs along the bluffs. The purpose of the regulations is to permit regulated development on the bluffs in accordance with the Comprehensive Plan. Definitions The following definitions are proposed for the Bluff Overlay District (see diagram): Bluff -- any slope steeper than aone-foot rise over a distance of 5.5 feet 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. (This is an 18% slope.) Top of the Bluff -- the point on the upper edge of a slope at which a slope of 18% or less averaged over 5.5 feet (measured along the surface of the ground) begins. Toe 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 (measured along the surface of the ground) begins. Zoning Ordinance Text Amendment -- Proposed Bluff Overlay District Page 5 Prohibited Structures For lots of any size, the regulations would prohibit construction of any structure beyond the Top of the Bluff. Examples of structures include: single-family homes, duplexes, townhouses, apartments, office and commercial buildings, mobile homes, garages, sheds, decks, walls, fences, and billboards. Erosion and Sediment Control Lots of any size in the Bluff Overlay District would be subject to erosion and sediment control for filling or disturbance of land. Currently, sites over 1 acre are regulated. Development Regulations In addition to the provisions of the underlying zoning district, any property over 15,000 square feet in area would be subject to additional development regulations. If there are two or more lots adjacent to one another under common ownership, and their combined area is over 15,000 square feet, then the additional development regulations would apply to this property. (Area is calculated by multiplying length by width, including the bluff area of the lot.) The development regulations restrict the maximum height of any exposed concrete foundation to 10 feet and require any new principal structure to be set back 15 feet from the Top of the Bluff. Based on the definition of Bluff, if a property is over 15,000 square feet in area and has more than an 18% slope, any new principal structure or addition to the existing structure would be impacted by the limits on an exposed concrete foundation and the required 15-foot setback from the Top of the Bluff. Characteristics of the Overlay Area There are 1,025 lots in the proposed Bluff Overlay District. Staff has prepared a series of maps that illustrate characteristics of the proposed bluff overlay area. These maps show: existing zoning, vacant parcels, City-owned properties, City parks, railroad-owned property, ID institutional districts, historic districts, conservation districts, and CDBG (Community Development Block Grant) eligible areas. CDBG eligible areas .reflect a predominance of low to moderate income households. The map of existing zoning shows the range of zoning districts present in the overlay area. The predominant zoning designations are R-1 Single Family Residential, followed by AG Agricultural and PR Planned Residential. There are 296 vacant properties in the overlay area. Nine City parks and a portion of the Heritage Trail are in the overlay area. Impact of Proposed Regulations This section describes the impact of the proposed regulations on the 1,025 affected properties. A chart comparing the provisions of existing City Code and the proposed Bluff Overlay District regulations is enclosed. Zoning Ordinance Text Amendment -- Proposed Bluff Overlay District Page 6 Erosion and Sediment Control Presently, the Engineering Department regulates erosion and sediment control on sites of one acre or more with permits. The Engineering Department currently is monitoring approximately 100 active permit sites. If the proposed overlay district is adopted, land disturbance or filling on lots of any size would be regulated. The City Engineer will provide information on how this proposed requirement might be enforced. Nonconformities The proposed overlay regulations prohibit structures beyond the Top of the Bluff on any lot. The proposed regulations also require a 15-foot setback from the Top of the Bluff for properties over 15,000 square feet in area. As a result, a number of structures may become nonconforming, because they would be prohibited or restricted under this overlay. "Grandfathered" is the more common term applied to these lawful nonconformities. To avoid undue hardship, the Zoning Ordinance does not require a change in the plans, construction, or designated use of any building where actual construction was lawfully begun prior to the adoption of this text amendment and where actual building construction has been carried on diligently. "Actual building construction" is defined to include the placement of construction materials in permanent position and fastened in a permanent manner. Generally, if a lawful nonconforming structure is destroyed by more than 75% of its replacement cost, the nonconforming structure cannot be rebuilt. There is an exception for certain nonconforming residential structures: single-family detached dwellings, duplexes, townhouses of no more than 2 laterally attached single-family dwellings, and multifamily dwellings or townhouses of 3 to 6 units may be rebuilt. If a structure is built beyond the Top of the Bluff (parts of W. 3~d Street, Grove Terrace, Loras Blvd., Eagle Street, and others), it would be considered grandfathered as legally non-conforming. If the non-conforming structure is a residential structure with 1 to 6 dwelling units, it could be rebuilt if destroyed. It could not be expanded because building on the bluff is prohibited. For example, a property owner could rebuild a house or apartment building as it exists today, but could not add onto it with a new room, deck, porch, garage, or similar structure. If the non-conforming structure has more than 6 dwelling units or is anon-residential structure (like an office or commercial building), then it could not be expanded or rebuilt. Taking of Private Property The City Attorney's Office cautions that these proposed regulations may in a number of conceivable situations result in a "taking" of private property by the City which would require compensation be paid to the owners. Zoning Ordinance Text Amendment -- Proposed Bluff Overlay District Page 7 This could occur in a number of ways, but the most obvious is with a parcel greater than 15,000 square feet in area where the configuration of a particular piece of property on or near the bluff and subject to the 15-foot setback requirement makes it impossible under the proposed regulations for the owner to use the property for any purpose. This can occur when an entire parcel is rendered unusable as well as a situation where a portion of a parcel is rendered unusable. The effect could be reduced by exempting larger parcels and reducing the setback. Increasing the exempt lot size to 1/2 acre or larger would reduce these numbers somewhat. The Bluff Overlay Ordinance as proposed would regulate a large number of one- and two-family residential properties. The vest majority of bluffland is zoned R-1 or R-2 or is publicly owned and is currently regulated except for the larger setbacks specified in the bluffland regulations, runoff and erosion control and the prohibition of building beyond the bluff top. Staff has prepared a series of maps that illustrate the size of individual parcels and contiguous parcels under common ownership in the overlay area. In the overlay area, there are 190 properties over 1/3 acre, 143 properties over 1/2 acre, 122 properties over 2/3 acre, and 102 properties over one acre. The 15-foot setback requirement could be reduced. Using a percentage of lot depth to determine this setback is not recommended. A recommendation coming out of the UDC process is to eliminate the use of percentages when determining rear yard setbacks to simplify bulk regulations and reduce the number of variance requests. Waivers from Proposed Regulations If these regulations are adopted, a property owner has the right under Iowa Code to ask for a variance or special exception from these regulations by filing an application with the Zoning Board of Adjustment (ZBA). The property owner would have to prove the variance hardship or special exception requirements of the City and State Codes. The ZBA would notify surrounding property owners of the request, hold a public hearing, and then make a decision on the request. Under Iowa Code, the Board's decisions can be appealed to District Court within 30 days. CONCLUSION After discussion with the City Attorney's Office, the Planning Services staff continues to have the following issues and concerns with the proposed Bluff Overlay District. 1. Prohibition of structures on the bluff and additional setbacks from the upper bluff slope may make many structures non-conforming -- mostly single-family and two- family homes, many of which are in low, moderate and median income neighborhoods. Potentially, some homes on the North End/Point Area along Thomas Place and Eagle Street, on the terraced bluffs of the West 11th Street Historic District, and along Mt. Carmel Drive will be made nonconforming -- essentially "frozen in time". A goal of the UDC is to reduce the number of nonconforming properties. Zoning Ordinance Text Amendment -- Proposed Bluff Overlay District Page 8 2. Additional setbacks from the upper bluff slope, intended to preserve the bluffs, contradict the historical development of the community from the toe of the bluff to the top of the bluff. These regulations make non-conforming the existing tapestry of development -- largely residential -- that the City currently seeks to preserve through the historic districts and conservation districts. While some nonconforming residential structures can be rebuilt, nonresidential structures, like the Fenelon Place Elevator, cannot be rebuilt if destroyed by more than 75%. 3. Variance and special exception requests to the ZBA for properties in the proposed Bluff Overlay District are likely, adding to the Board's workload. A goal of the UDC is to reduce the number of ZBA cases. 4. .The Bluff Overlay District may result in a "taking" of all or part of private property by the City, which would require the City to pay compensation to the owner. 5. Another factor that should be considered is the extent to which the "vested rights" issue will enter into future bluff development requests. At the recent "open house" on the proposed ordinance, a significant number of attendees (2 developers and 3 individual property owners) asked whether they had vested rights which would allow them to go forward on a project in process and toward which money has been spent before passage of the ordinance. These questions would have to be handled by staff on a case by case basis as they arise. 6. If the City is to proceed with these regulations now in the absence of detailed topographical maps, definition and delineation of the Bluff Overlay District will be difficult to administer. Among the problems we foresee is the treatment of retaining walls and bluffs with multiple plateaus as the slope ascends or descends. 7. Field verification of bluff slope and bluff top setback will fall to the property owner, just as location of property lines is the owner's responsibility. This could be burdensome and cost-prohibitive for the average homeowner to determine, if a land surveyor is needed. 8. Land disturbance or filling on lots of any size would be regulated. This could be burdensome for the homeowner. 9. The .regulations result in additional regulation of one- and two-family homes. Many affected property owners have questioned why restrictions are being placed on single-family homes instead of large-scale developments. 10. The City has crafted its zoning regulations, designated historic and conservation districts, and created financial incentives to encourage reinvestment in older neighborhoods. A significant portion of the proposed Bluff Overlay District encompasses older neighborhoods. The proposed regulations will make it difficult for some homeowners to improve their properties with additions, etc. Zoning Ordinance Text Amendment -- Proposed Bluff Overlay District Page 9 RECOMMENDATION We believe that the City has adequate regulations in place for balancing preservation and development of the bluffs. Zoning regulations provide for setbacks and height restrictions that address that compatibility of adjacent structures, and site plan review for multi-family structures and nonresidential structures. Storm water, erosion, and sediment control are managed on sites over an acre in size. Historic districts provide for design review of exterior changes and additions as well as new construction of principal structures (e.g., homes) and accessory structures (e.g., garages). Conservation districts provide for review of demolition requests. Existing historic districts and conservation districts could be expanded, or new districts created, for defined bluff areas. Approval of the two controversial developments in the riverfront bluffs required City Council approval of Planned Unit Development (PUD) rezoning requests. The City Council is never under an obligation to approve a rezoning. Approval of a rezoning is not a right; it is an application process for which the applicant pays a fee, publicly presents his/her case, and awaits an outcome. Approval is never guaranteed. The Zoning Advisory Commission has consistently recommended the need for minimum bulk regulations for PUDs, and that they felt that the bluff regulations should focus on large scale developments -- not single-family residential. (Bulk regulations include: front, side and rear yard setbacks, lot coverage, lot frontage, and building height.) ACTION STEP Section 6-3 of the Zoning Ordinance describes the text amendment procedure. The Zoning Advisory Commission is to consider a text amendment in regular session, at a public hearing. Following the public hearing, the Zoning Advisory Commission is to act to approve or disapprove the proposed amendment. The affirmative vote of at least 4 Commission members is required to recommend approval of a proposal. If the Commission recommends disapproval, the affirmative vote of at least 3/ of the City Council is needed to enact the amendment. The requested action is for the Zoning Advisory Commission to provide a recommendation to the City Council regarding the proposed Zoning Ordinance text amendment for a Bluff Overlay District. Enclosures cc Michael Van Milligen, City Manager Barry Lindahl, City Attorney Tim O'Brien, Assistant City Attorney Kyle Kritz, Associate Planner Guy Hemenway, Assistant Planner Dubuque THE CITY OF ~,~ ~~ T~ ~ M•AmericatCity ~..J Maste~aiece on the Mississippi zoos TO: Zoning Advisory Commission FROM: Laura Carstens, Planning Services Manager~~ SUBJECT: UDC Citizen Advisory Committee Comments -- Bluff Overlay District DATE: June 30, 2008 Introduction This memorandum transmits the comments of the Unified Development Code (UDC) Citizen Advisory Committee on the proposed Bluff Overlay District. The UDC Citizen Advisory Committee met on June 25, 2008 to review the proposed text amendment for the Bluff Overlay District. Background The City has hired JEO Consulting Group to assist with updating the Zoning and Subdivision Ordinances, and then combining them with the Historic Preservation Ordinance and City sign regulations into a UDC. The UDC Citizen Advisory Committee will provide initial input on development issues and process, react to the first draft UDC and the proposed final draft UDC, and then forward recommendations to the Zoning Advisory Commission and City Council. Discussion The Committee had the following comments, which were reached by consensus of those Committee members present. Committee members agreed that the section relating to erosion and sediment control should be re-worded as follows, with language to be deleted crossed out and new language in italics: Erosion and Sediment Control. Preceding any activity resulting in the filling of or disturbance of land on any lot in the Bluff Overlay District, erosion and sediment control measures approved by the City Manager shall be employed. ~^"^~•~~^^ '^~• r~ ~^~ .~+n~ivifii c i+il ~.+hili ~i^n c+h.~ll nnn~ ~r .~4 +he e~rliec• ~hle firr~e ~t~7~n '15 .sa~t-1 , Zanvrr~nurr-wvcrrc[~-rn~crn-rtc~t~S.S~crrrtc: days of any activity resulting in the filling or disturbance of land on any lot in the Bluff Overlay District, soil stabilization measures approved by the City Manager shall be employed. Soil stabilization measures shall not be required wifhin 75 feet of any building until completion of construction. Sodding, ground covers, shrubs, trees and other control measures may be required by the City Manager to fulfill this objective. UDC Citizen Advisory Committee Comments -- Bluff Overlay District page 2 The Committee discussed that in. reviewing the River Pointe Condos PUD Planned Unit Development proposal, the City Council expressed a desire for additional guidance when dealing with bluff developments. As a result, the City Council incorporated the development of a comprehensive bluff plan to balance bluffland preservation and development in the UDC process. The Committee noted that the proposed Bluff Overlay District will not provide any guidance for PUDs. The Committee discussed the PUD restrictions recommended by the UDC Bluffland Advisory Committee. Committee members agreed that the Bluff Overlay District ordinance should contain a provision that: "Any PUD in the Bluff Overlay District should have a 60-foot height restriction on it, and there should be asuper-majority vote of the City Council to exceed that height." Committee members agreed that the Bluff Overlay District ordinance should contain a provision that: "Any new building should be compatible in scale and mass to the surrounding development." Committee members agreed that the Bluff Overlay District ordinance should contain a provision that: "The Environmental Stewardship Advisory Commission should review any new construction on lots over 15,000 square feet in area." Action Request The requested action is for the Zoning Advisory Commission to consider the comments of the UDC Citizen Advisory Committee as you review the proposed text amendment for the Bluff Overlay District. cc Michael Van Milligen, City Manager Barry Lindahl, City Attorney Tim O'Brien, Assistant City Attorney Kyle Kritz, Associate Planner Guy Hemenway, Assistant Planner Mary Rose Corrigan, Public Health Specialist MINUTES WORK SESSIONS ON BLUFF OVERLAY DISTRICT • Zoning Advisory Commission -January 30, 2008 • Zoning Advisory Commission -May 7, 2008 • City Council -November 26, 2007 • City Council -June 9, 2008 THE CITY O~ "~ DUB E Masterpiece an the Mississippi ©~~~ MINUTES ZONING ADVISORY COMMISSION WORK SESSION Wednesday, May 7, 2008 6:30 p.m. City Council Chamber, Historic Federal Building 350 W. 6th Street, Dubuque, Iowa Dubuque >~ ~~~~~~ 2007 PRESENT: Chairperson Eugene Bird Jr.; Commissioners Jeff Stiles, Stephen Hardie, Charles Miller and Dick Schiltz; Staff Members Tim O`Brien, Laura Carstens, Kyle Kritz and Guy Hemenway. ~ - ABSENT: Commissioners Martha Christ and Ron Smi#h. CALL TO ORDER: The meeting was called to order at 6:30 p.m. AFFIDAVIT OF COMPLIANCE: Staff presented an Affidavit of Compliance verifying that the meeting was being held in compliance with the Iowa Open Meetings Law. MINUTES: The minutes of the April 2, 2008, meeting were approved unanimously as submitted. PUBLIC MEETING: Bluffland Advisory Committee Presentation/Review~of Draft Ordinance Chairperson Bird asked for a presentation by the Bluffland Advisory -Committee representatives. Lou Oswald, 1080 Nowata Street, introduced himself as a representative of the Bluffland Advisory Committee. He outlined the Committee's history and asked -tha# the Zoning Advisory Commission review grid discuss the final recommendations drafted by the Bluffland Advisory Committee. - Mr. Oswald outlined priority areas and an overlay district for Bluffland preservation. He said that the proposed regulations were applicable to parcels of land of 15,000 square feet or greater arid for new construction. - Jahn Brennan, 1432 S. Grandview, offered to answer any questions the Commission had. He said that the Bluffland Advisory Committee felt strongly that bluffs must be protected because they represent a unique and defining characteris;#icfoc the City of Dubuque. He Minutes -Zoning Advisory Commission January 30, 2008 Page 6 Dick Vorwald stated he would submit information from the Minneapolis area and indicated that any development should take into account the soil type and slope, and there should also be regulations on the type of backfill material used on a si#e. He noted that there are now 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 o_f the regulations need to be narrow and specific. ~ . Jaro Sebek, 994 Mt. Loretta, 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 Bird reviewed the public hearing process for text amendments. He noted that the ZAC does not' have the 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 Bird indicated that yes, anyone could bring forward.a text amendment to the ZAC and Ci#y Council. ~ ~ ~ ~~ Chairperson Bird thanked all of the people in attendance for their discussion and input. ADJOURNMENT: Motion by Smith, seconded by Hardie, to ad)ourn the meeting. Motion passed unanimously. The meeting adjourned at 7:4'I p.m. Respectfully submitted, ~~ ~ G~ ~v~~~ ~ ~ 3/o~~as Kyle L. Kritz, Associa a Planner Adopted Minutes - Zohing Advisory Commission January 30, 2008 Page 5 Commissioner Hardie reiterated his remarks regarding adequacy of existing regulations were in regard to single-family homes and R-1~ zoning, and noted that the BAC should not be surprised by these comments tonight because the ZAC had been consistent in its position. John Brennan indicated that during the River Pointe public hearings, some City Council members said that they did not have regulations in place regarding blufftop properties, and so they were bound 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 questioned whetherthe ZAC would be open to a regulation thatwould prohibit PUD districts within bluffland areas. Commissioner Hardie responded that in his opinion; this would go too far, but that bulk standards need to be developed for PUDs: Chairperson Bird noted that currently the PUD regulations allow anything to be proposed, and that through the process of review by the ZAC and City Council, that s#andards are applied at that time, so that if there are concerns about a project, those concerns must be brought up at the time of the public hearings. Commissioner Hardie stated that he believes the BAC could help by providing specific suggestions that target large scale PUDs. Chairperson Bird noted that whatever standards that the BAC develops for blufflands, they need to bear in mind that they need to have teeth, and be specific in what they are looking for and not just in general terms. Commissioner Stites indicated that the problem in his view is that 98% of the bluffland area is already developed, and that he supports the other Commissioners who have indicated that they believe the BAC should come up with bulk standards for bluffland PUDs. Mr. 6rennan indicated that he felt it was a good suggestion to develop bulk standards for PUDs and noted that the BAC is concerned about the buying up of small single-family lots by a. developer who would then combine them to build a large structure. Mr. Brennan a{so . brought up a concern he has about cons#ruction of new homes with exposed foundations. Commissioner Hardie indicated he was not in favor of a regulation that would restrict a certain type of building style - i.e., exposed foundation, and noted that many communities have their, including the San Francisco, California area. Minutes -- Zoning Advisory Commission January 30, 2048 Page 4 to the 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 intended for a mixed income projec#, but~ra#her that the River Pointe project followed the process, was well advertised and was modified from its original concept, Commissioner Hardie indicated he was not totally happy with the outcome of the process, but that is the essence of a democratic process, and wondered how the BAC would propose to after that process. Mr. Oswald reviewed that the BAC proposed the ~ regulation that would establish a percentage slope, and that if it was extended along the bluff, it would only have allowed a 10-story building instead of the 12-story buildings 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 residen#ial. Mr. Oswald stated that the greater good of the community must be more important.than a single land owner, and thatthere are not adequate regulations in place, and would have to think that Jeff Nagle will wonder 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 community cannot just sell our land for a tax base. Mr. Oswald indicated that the BAC is net interested in condemnation of property and noted that Commissioner Smith referred to his bluff top subdivision as his land, and was concerned about regulations affecting his property. Mr. Oswald indicated thatthe landwas not CommissionerSmith's, butthatitwas the carnmunity's land. ~~ Commissioner Smith indicated that itwas his understanding that land owners had the right to develop their property within the regulations established by the community, and wondered why this would be controversial. , Commissioner Hardie indicated 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 indicated he was not in favor of new regulations on existing single-family homes. Mr. Oswald indicated 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 address large scale projec#s, and not single-family homes. Mr. Oswald indicated that his concern is that the ZAC appears to say #hat the existing regulations are adequate, 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 stated he does not think that it's the BAC versus~the ZAC. He rioted that the ZAC members do not have a "side" in this argument, but often work as a broker between citizen groups and the developer of a proposed project. Commissioner Stiles reviewed that there were many public hearings.on the River Pointe project that gave people with different 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 and setbacks. Commissioner Stiles indicated he was supportive of going through the concerns previously noted by'BAC members, but cautioned that any kind of regu[atlon Is a balancing act between competing needs.in the community. , Commissioner Hardie indicated that he believes that the impetus for creating the BAC and any proposed regulations is because of the River Pointe and Eagle Point projects. He noted that both projects were PUDs and white he does have concerns for the existing PUD regulations particularly in these cases, he is not aware of any other concerns regarding the bluffland area other than those two large projects. He indicated he had no problems with recent large homes built on the'bluff, and has heard no outcry about them. He believes Building Codes that require structural engineers to certify plans as being sound for biuff- type locations are a.good idea, but does not want to stop unique architectural designs. Commissioner Hardie used the example of Frank Lloyd Wright's ~Falfing Water as architecture that you would not necessarily want to see restricted by new regulations. He indicated that he may be iri favor• of a height restriction and that he feels PUDs are better suited to commercial types of projects, whether they bemulti-family, such as River Pointe, ar "retail projects. 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 indicated 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 stated he believes that this existing process; which is a case-by-case process, is the best way to insure a high quality development without adding another level of bureaucracy. Chairperson Bird then invited the BAC co-spokespersons to make any closing remarks. Lou Oswald stated that he was saddened that the ZAC wouldn't support new bluffland regulations. Mr. Oswald noted that the BAC speaks for the people who spoke in opposition Minutes -Zoning Advisory Commission January 3Q, 2008 Page 2 ' area 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 to Mr. Spiegel's proposed projects at Eagle Point and River Pointe, but that these projects opened 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't handle significant increases in density because of the inadequate street system. He~ indicated that the BAC is not in favor of taking property or regulating smaller moderately priced single-family houses, but is more interested in creating proactive regulations to protect the bluffs from large, out of character developments. Mr. Brennan also indicated there are also environmental issues the group is concerned with, including s#orm 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. Bird opened the meeting to remarks from any BAG members who wished to speak. ~ ~ ' Dick Vonuald, 2921 Washington Street, distributed written comments and stated he was a' lifelong Dubuquer. He said he felt it was a misunderstanding that the BAC members only became interested when the River Pointe project was proposed. He fe{t that many of the members have long been concerned about protection of the .City's bfufflands. Mr. Vor`wald reviewed changes the BAC has made from their initial recommendations. He reviewed the Minnesota example of regulations for bluffland areas as being addressed in three ways-- from environmental, economic development and archeological standpoin#s. Mr. Vorwafd indicated that the existing site plan review checklist the City uses for new developments could be modified to control. erosion in areas along the bluffs, including reducing the disturbed area requirementto trigger having to obtain an erasion control permit because of the unique environmental conditions of the bluffland areas. Mr. Votwald noted thatwith the Green Initiative underway in Dubuque, these changes would ~be in keeping with that goal. Mr. Vorwald also indicated that the historic preservation guidelines are an example of haw the aesthetic issues can be addressed in the bluffland area's, with some modifications to . reflect the .unique nature of the blufilands. Jim Gonyier, 935 Oxford Street, stated that regulating the bfufflands is a difficult undertaking, and that the initial recommendations were somewhat rushed and there wasn't time 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 Flscher, 531 E. Heller Street, _ East Dubuque, Illinois, stated the, communi#y needs to think progressively regarding preservation of the bluffland areas and not as economic development versus. environmental concerns. Ms. Fischer indicated that economic development also stands to gain from enhancing the environmental protection regulations and that the people involved with this issue need to seek common ground. THE CITY OF Du~bugru j DUB E ,~ Masterpiece on flteMississippi ~ `~ ~ I ~'' 200 MINUTES ' ZONING ADVISORY COMMISS[ON . SPECIAL SESSION . Wednesday, January.30, 2008 . 6:30 p.m. Auditorium, Carnegie Stout Public Library . 360 W. 11th Street, Dubuque, Iowa PRESENT: Chairperson Eugene Bird, Jr.; Vice Chairperson Jeff Stiles, Commissioners Stephen Hardie and Ron Smith; Staff Members Laura Carstens, Kyle Kritz and Tim O'Brien. ABSENT: Commissioners Dick Schiitz, Martha Christ and Charles Miller. CALL TO ORDER: The meeting was called to order at 6:30 p.m. AFFIDAVIT OF COMPLIANCE: Staff presented an Affidavit of Compliance verifying that the meeting was being head in compliance with the Iowa Open Meetings Law. ACTION ITEM: SPECIAL WORK SESSIONIBLUFFFLAND ADVISORY COMMITTEE PRESENTATION: Chairperson Bird asked for the co-spokespersons of the Blufftand Advisory Committee (BAC) to make a presentation. Lou Oswald, 1080 Nowata, co-spokesperson for..the BAC, reviewed with the Zoning Advisory Commission {ZAC) members the goals of the BAC. He reviewed the concerns that the ZAC brought up at the November 7, 2007 ZAC meeting as outlined in the minutes of that mee#ing. Mr. Oswald indicated that the BAC would try to address the concerns raised by the ZAC, and indicated that the BAC does not believe that existing regulatigns are sufficientto protect bluffs in the community. Mr. Oswald stated thatthe BAC.wants to develop regulations that strike a balance between the preservation of our bluffs and the future growth and development of the community. John Brennan, 1432 S. Grandview Avenue, co~pokesperson for the BAC, reviewed that the BAC had been meeting for about a year, and that while the initial size of the group was larger, people have come and gone~throughout thattime, and that there has always been a core group of members who consistently meet. Mr. Brennan reviewed that the BAC received input from the Assistant City Attorney Tim O'Brien at their October 2007 meeting, and could have used more time before the Council work session in November 2007 to prepare their recommendations. Mr.. Brennan indicated that the Council directed the BAC to establish what their concerns are, review existing regulations to set what, if any loopholes may exist and to work with the ZAC. to~ develop appropriate regulations. Mr. Brennan indicated that Dubuque is lucky to have the bluffs, and that protection of these areas should be on par with that of historic preservation districts, and that the bluffland Minutes --Zoning Advisory Commission May 7, 2048 ' Page 2 said without current topographic maps, it is difficult to identify the lots that will be affected by the proposed regulations. He recommended that the proposed ~ regulations be incorporated into the planned unit development standards. Commission/Committee Discussion Chairperson Eugene Bird 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 at#empting #o overregulate. He said he feels that these regulations were drafted in response to two large PUDs and that he is not aware of any other substantial development proposed forthe bluff area. He said he understood the Committee's' desire to protect the bluffs, but that common sense should prevail and the City should not get bogged down in overregulation. Mr. Oswald stated that he feels the direc#ion from the Zoning Advisory Commission, at their 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 property needed to be protected. Mr. Oswald said it was a matter of aesthetics. Mr. Oswald discussed proposed setback and building height regulations for bluffland area. Commissioner Hardie said he sti11 feels that many of the regula#ions .stemmed from personal preferences and aesthetics which, he said, are subjective. He ques#ioned why new principal buildings are regulated and accessory structures are not. Commissioners'and Commi#teemembers discussed different regulations for principal and accessory buildings. Commissioner Miller asked for clarification regarding property owners' ability to rebuild a structure within the existing footprint of the former structure and how that affects nonconforming status: Assistant.City Attorney Tim O'Brien clarified the nonconforming status of buildings and how they could be rebuilt within the proposed bluffland area. Commissioner Miller questioned what the Bluffland Advisory Committee was trying to protect. Mr. Oswald referenced the Comprehensive Plan and s#ated that one of the principal goals of the plan is to protect and preserye bluffland area and scenic vistas. He said that future development on the bluffs should be compatible with the scale of axis#ing development. ~ ~ ' Cornmissloner 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 7, 2008 Page 3 Brennan identified any structure. Mr. Brennan said that the Bluffland Advisory Committee's intent was to protect the existing tapestry of development from future large-scale development. Commissioner Hardie recommended that the Bluffland Advisory Committee craft PUD regulations to limit the size and height of development within the defined bluff area. He said that PUD regulations could be crafted that were more stringent that the existing underlying zoning district regulations. Mr. Oswald said that the Bluffland Advisory Committee's challenge is to move forward with balanced regulations for bluff protection in an attempt to be good stewards of the land. Commissioner Schiitz said that he feels the proposed regulations just represent another layer of beauracracy, and that they had been crafted iri reaction to two proposed large developments. He said that he is not in favor of additional regulation. Mr. Oswald left the meeting at 7:05 p.m. Commissioner Stiles said that the bluffs are beautiful, but that beauty and aesthetics are relative. He said he feels that the large historic residential architecture that lines the bluffs is a large part ofwhat makes them attractive. He said that modified PUD~regulations could still insure #hat large scale development is done in a sensitive manner. He said that he would not want to be prohibited 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 recommended that the Bluffland Advisory Committee, craft PUD guidelines with less stringent language than outlined in the recommendations provided to the Commission. He said that any regulations would 6e subject to 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 deveiopment and resubmit them to the Zoning Advisory Commission. Mr. Brennan said that if common sense guidelines were put in place, property owners and developers could undertake projects without the need for a PUD rezoning. He said he will Minu#es --Zonin_g Advisory Commission May 7, 2008 Page 4 ' take the Zoning Advisory Commission's recommendations back to the Bluffland Advisory Committee for their review. Commissioners thanked the Bluffland Advisory Committee for their work. ITEMS FROM STAFF: Approve Revised Bylaws Staff Member Kritz discussed the revised Bylaws and asked if the Commissioners recommended any additional changes. The Commission discussed the bylaws and felt that they were appropriate, es amended. Motion by Hardie, seconded by Stiles, to approve the amended Zoning Advisory Commission Bylaws. Motion carried by the following vats; Aye -Miller, Hardie, Schiltz, Stiles and Bird; Nay'- None. ~ ~ . ADJOURNMENT: The meeting adjourned a# 7:30 p.m. Respectfully submitted, Kyle L. Kritz, Associate Planner Adopted F:IUSERS1KmunsonlWAlBoards-CommissionslZAClMinutesl7AC M(nufes 2006VAC Minutes Ob 07_08.doc CITY OF DUBUQUE CITY COUNCIL PROCEEDINGS OFFICIAL The Dubuque City Council met in special session at 5:30 p.m. on November 26, 2007, in the Historic Federal Building Present: Mayor Buol, City Council Members Braig, Cline, Connors, Jones, Lynch, Michalski, City Manager Van Milligen, City Attorney Lindahl Mayor Buol read the call and stated this is a special session called for the purpose of discussing the Comprehensive Bluffland Plan. Planning Services Manager Laura Carstens introduced Keith Marvin, JEO Consulting Group, who is assisting the City with updating the Zoning and Subdivision Ordinances. She stated the purpose of the work session was to review the final report of the Bluffland Advisory Committee (BAC) and to receive City Council direction on the next phase of the process. Carstens reviewed the process used by the BAC, which included citizen surveys, brainstorming sessions, public input sessions, comments from the Zoning Advisory Commission and consultation with the City Attorney's Office. Results of the survey indicated that (a) the top issues were (i) scenic views of the bluff; (ii) historic character, and (ii) scenic views from the bluff and (b) the top features were (i) natural and scenic and (ii) a defining element of Dubuque. The Priority A (most prominent) bluffs were identified as those bluffs along the Mississippi River, U.S. 20 west from Locust Street to Grandview Avenue, U.S. 52 North, and Catfish Creek / Middle Fork within the City limits from the Mississippi River to south of U.S. 20. Priority B (less prominent) bluffs were those along Couler Valley from 26th Street to the City limits, Peru Road from 32nd Street to Kennedy Court, 32nd Street from Peru Road to John F. Kennedy Road and Kaufmann Avenue from Central Avenue to Carter Road. Jeff Stiles, Vice Chair of the Zoning Advisory Commission, reported that the Commission had reviewed the Comprehensive Bluff Plan and the recommendations from the Bluffland Advisory Committee at their November meeting. The Commission felt that the report was "overkill" and questioned the fact that the Spiegel development that spurred the study would not be impacted at all. He stated the Commission also discussed the fact that current ordinances addressed the majority of issues regarding bluffland development. There was no representative from the Bluffland Advisory Committee to address the Council. The City Council discussed various aspects of the report and questioned whether a bluffland policy was needed versus an ordinance, or if ordinances currently in place should be refined to address the concerns and issues identified in the report. After discussion, concurrence was reached by the City Council to direct Assistant City Attorney Tim O'Brien, in consultation with the Bluffland Advisory Committee and Zoning Advisory Commission, those issues/concerns not currently covered by an existing ordinance, those items covered by multiple ordinances, and a list of decision points for Council consideration. Upon motion the meeting was adjourned at 7:10 p.m. /s/Jeanne F. Schneider, CMC City Clerk CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS OFFICIAL The Dubuque City Council met in special session at 6 p.m. on June 9, 2008, in the Historic Federal Building Present; Mayor Buol, Council Members, Braig, Connors, Jones, Lynch, Resnick, Voetberg, City Manager Van Milligen, City Attorney Lindahl Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of discussing the Bluffland Advisory Committee's recommendations. Bluffland Advisory Committee members John Brennan, 1432 So. Grandview; and Lou Oswald 1080 Nowata Street, provided an overview of the committee's work and timelines. They stated that the committee's recommendations support the City's Comprehensive Plan and fits the sustainable/green community initiative. Mr. Oswald reviewed regulations for Overlay Districts and expressed a 50/50 balance between preservation and development. Zoning Advisory Commission Vice Chairperson Jeff Stiles, 3108 Central Avenue, questioned the length to which the City should go to preserve the bluffs..Mr. Stiles stated that many of the committee's recommendations are good such as setback requirements; erosion control; height restrictions in Planned Unit Development districts; and conservation easements. The Priority A and B Districts cover many R-1 Residential District areas and some of the additional requirements may be too restrictive. In response to Council Member Connors, Mr. Stiles stated that R-1 regulations do not include anything on the regulation of trees but it could be written in. Assistant City Attorney Tim O'Brien reviewed regulations stating that this provided a more stringent review process. Council discussion included consideration of setbacks and the potential for excessive setbacks creating an unbuildable lot; if setbacks could be construed as an illegal "taking" by the City; erosion control; building height restrictions; clearing and cutting of trees; building over the bluff top/cantilevering; the need for clear definitions of bluff and structures and what structures should be included; the granting of variances; and discussion of Priority A and B Bluffland Areas and proposed Bluff Overlay Areas as submitted by the Planning Services Department and the Bluffland Advisory Committee. Discussion was also given to what proposed bluffland regulations might fall under existing zoning regulations. Council concerns included identifying what areas should be covered; bluff degradation; inhibiting development; exemptions for minimum-sized lots; interfering with the individual rights of property owners; and the legal defense of the recommendations. City Council concurred that Priority A would be the Bluffland Overlay District to be regulated with some "overhang" regulations for the interior bluffs. The City Council referred the following recommendations to the Zoning Advisory Commission for incorporation into the existing Zoning Ordinance or for development of anew ordinance: • Erosion control • Exposed foundation • Overhanging structures • Setbacks -with direction to look at a percentage of lot size City Council concurred to not regulate the following recommendations: • Height/Bulk Restriction • Trees -Cutting/Clearing The City Council further concurred that there was to be a "blanket" prohibition on any type of overhanging structures and a "blanket" requirement regarding erosion control. Staff reviewed the proposed timeline which includes a public hearing by the Zoning Advisory Commission on July 2, 2008 and a public hearing by the City Council on July 21, 2008. There being no further business, upon motion the Council adjourned at 8:05 p.rn. /s/Jeanne F. Schneider, CMC City Clerk 1 t 6/14 ItACKCROU V U nwom~<aoo nom c~~n~~itlrn= von i~~.e.r~~~s.~~.,a~.eo.~v~n ~rso~~ao~saii ~g c,~~o's~~o~o-,~i~°in m~c~y~~Fi a. ~uoc> 6~ . an r ny`~ am ~`• ~nT a ~~oo aa. ~o na ~~arak.,. n,a amm~w ~a ry mm,n~ vo~om m m ~~ih is~~,m,a~ ny.~,rr~n,iho..i ~~~~~~~ ~~ r, ~~.~': Kelly's Bluff velopment Site Y% t -'r,' Figure 1 ~eaa E ~ fih of f)nhn~uc 'llll Dubuyuc Cuunt~~luwa fE~ !A U A, k/~.~ .d E ..,.a,~Guwu'«~e.~.di.~ad~a<I rr//, s~.~~y a~~u. o~. v v u~= n .. mr «~io~ ~caio~ ro~mw~ ~s<~i~ ~sav~ • e s s ~,.~w~~rcs [s+~ ¢~,~~ e.r„~~oun, nmvna, R.~mjm ~ a~~~ wm~on~d eo o m0io) Qo. r e ®~• ~sa~ ~~~ ~%~ mw.no~~n~. emrcake az~r~ r~~ s ~ s ~ as+~ pn< ~o~~n a~k~ae~~,~n. m~m~, e k v~~< o~~u ~., ~~,, ~.~. ~.„ro o~,N„ ,~.~„«~ az gN.~ v o„~~,~, ae=ana ~~,w, ~,°,~~~ ~m,~mau„a,~e a.~.~o,°~<~~~°P ~a a ~ ring ~w~,,.mmn.msn~n~~i~s ~~~me. m=v =~i ocrve~o~m xso~~rcs~ oro ,,. .~~,...,....~m~.... .,.,r.«a iw^sq~~w ~~w ~~om ao~me w.. wu. d ""'"'"'.1111 ~*~. ~ .... "" .~a«. O n,eas mao meeo,,o sioae p~gure za o a~. ~r rn~ti~~ ,m" ~e.a~ Luc me ,~~~m~_~I( ~'lll ~Utl~~~J F. Ilubuyi~e C~unt~~Iuwa e. .. .^, fF0 ~n~aas maimsettw sore Figure 26 CC~~~~__ ('i onf ll~~h~~r~,ue u~ illy DUBLYQIJE oui.~y~~e c~~~~,ty, wwT ~JFp_.. oer~ea ai~rcnreas Figure 3a ~~~i~' IJUF3~~E ubuque county, toe., ~.-,dYi~.iw... ,,...._..JCO_ 0 oer~~ea ewxare,: Figure 36 ~_ ~ C~tv ofof D~bua ~ "~ '" "~ ""~ ~~i~~ L J 7 o~noq~o coo~iy.i .., %~~;a:~= ==~= EO 'J_. ~_ III M~,E,-, n. n~~y,~,. c~~~„I;~,i,I,.~., o. gym.... /EO 1 s.An.~ ...d..Rr'3aNgd~', w ~o ~ea~ ~. r;r~~.,e n ~ti~V.~ue no ,,.. ..n .,. ate. ~ 9 `m~n~~~~1~c~r Dub~~quc Cnun[y, lo~~a ~O T~+o hPeqq~~ 111 -o noa lnnJ i r... `~14hsr i~ e I ss(az a2} seam aon~em mo~~s ma ~msa o~ Ana ~o<oneeen~m~a~.n„~ w~ ea ~~,aia oar ee~~R i~na ~~aom~~~om e~o~aa.x~~a~ro~~~a..~meoa~m~u,~, <~si»= nmp mie ei¢hm osmcn.~ha mno s aacnoi~o~~zne smmnn~y of ~e~ Aese.vn~~~„a~n.= v in~sn rtlln~~~i„i~,v,sm„e, ~l.~ ~noemmem, ~„e ~~„~x~a. o. ~xe~J ~~ry of n y n~~ry~ .~eo~o.a~~,a~azoo~~~ma i i~ma~..~a. ~nn~ va~Y e"aoz bwy/ m SssJ ~aNe~a se;smem a m n eaN ~~'. m. ~~n=~ e n ~ ~~ oitu ueienW. • nnne p n~ rM1V i~~b~~q a aim zooid p/rtrN~o~i o poviee ~ra.mmaa ~ ~nw t y a rmmw cm.~NN o e ~s~o~: a.~~ (coev) e~ s . ins r e W~. iwanawl aismd~o~so-~or, Figures °""" p~a,a~a~~ ~o~aMa~~ p ,~ ~~~ p~aa~o~aan ~w.,,~a so-aa, C;r...,e m,h~ue a= M. IJUhu, ue COY111 ~1u~vi "v'"'v~ psa~swonnv ~oen~eae~w~A~ee, i ) _.~..; _..._..._.... ,.JEO o a:no ~ ,.o ~,~o iex.a..~~.e e. o.o.a..,.o~.r.,~ ~ _,..... 8~ nn,~oix~gnmmPox.m xnano~.om Di~b~que Co nly, low. - -_-_ ._.... _JEO ~- .....a........._.... .._ ._.._. O ott~.mai.~N=.. o .~~ mo rzw ~~ Ia.,. e.doA/B.e e.o.e.o..co~,,..c~s ~em ~e~,o ~,~,o~~,~,<a r ~P~ ,w~,=~ oe ~eo, P ~~n~~a~~o~.,a,n ~~~~u~ ^~~~,n`~o~~„~,~a;~~~~~P~~~'n;;;w,°,°w~°~,~kr°.. a~,~~ se,~,e~^es~~;,~ ~_«', ~e,,,o,c°, ~„~°°; ge~~~bn~ry~Po oa ryp~: Ka~nvmu. ovmdy nice, Plmner~ ~re q C wso, 106S~ co mumues eoJ g , oem~.lx'fum voe a (rieo icp 4 ~ ~~ (euo) aYir~ oriN~ot r s pN iue wmmp ~ p of w: mo ~.orm.c e. lmv~~N of oilugi e. n7am ~~u~'vnnl. os d~,~~ ~~ mt.~~e ~,~,.,,..v...~o~..,.. 0.x.4.,»,. _.,IEO a~:.::°m~:.:~~m o,.....~,m.~..,,o,,,,, ~q i o~~ ~E m. a.o.° ,~„,w~a~. ~~~.rt„.~a,e.o, ~,b.»,.a,. ..JEO o ~«o ~ ,k~ .,.o ....ameroemm u.....~..~~..o~~...~e ,...~.,...~o~»,.a, .. ~.,~..,m.,~,,.w~,,,n..,,. oa°o.= o,.m..own...~.n,.......~.., .,.~,. ,JEO ~ ~ ~ ~, o °o q~ Dusf 0 0 ~ oa. ,. a.. ' ~~,m._..u,:.~o,o.= ~rvum.m.n.a..wiax~m ~ JEO ao~ ~~:..o,...„..~.,«..o, o n «o ,~o vm .,~ ...a.,.o~w~a.a e.o.e~a.. ~o..~,~~. (: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 T Masterpiece on the Mississippi A Sustainable Design Assessment Team Report Dubuque, Iowa October 22-24, 2007 Peter Arsenault, AIA, Team Leader Jung Kim, AICP, Community Planning and Smart Growth Denise Husband, RLA, Bluff Preservation vs. Development Eric Lyons, ASLA, Stormwater Walter Sedovic, AIA, Neighborhoods and Historic Preservation Jack Werner, Sustainable Community Development Erin Simmons, AIA Communities by Design IA~omr~~uni~iesbyDesign ENVISION. CREATE. SUSTAIN. _~'I-1 i BLUFF PRESERVATION VS. BLUFF DEVELOPMENT Background The issue of bluff preservation vs. development evolved from a proposed condominium project called River Pointe, located on a key property known as Kelly's Bluff. The project's effect on the scenic views and historic character of the surrounding commu- nity produced a great deal of concenl about protecting the bluff in the future. Because the city had begun the process of creating a Unified Development Code (UDC); it decided to analyze the bluff and formulate potential protection tools as part of the code. A Citizens Advisory Committee worked with the city planning staff and its consultant on this issue. They began developing recommendations for regulations to be incorporated within the Dubuque City Code. The SDAT was asked to help the com- munity with the "big picture"-looking at the sustainability of the blutiiands in terms of preservation vs. development. SWOT Analysis Asked to tell the SDAT how they see the bluffs in one or two words, the stakeholders offered the following key words and phrases: • Unique • Soulful • Character • Environmental significance • Historic significance • "Best-kept secret" • Picturesque These terms became important in the discussion about sustainability as it related to development vs. preservation. The City of Dubuque has developed marketing materials that promote community sustainabilty by emphasizing the "Live, Work, Play" motto. However, to sustain the principles of living and working in the community, there must be commercial, office, and residential development. To promote the principles of living and playing, there must be preservation of existing communities, particularly historic ones, as well as Dubuque open spaces and resources. 44 ( Dubuque, Iowa, SDAT Report The key to sustaining these principles as they relate to the bluffs is balancing the devel- opmentneeds with the preservation aspects. The group developed a list of issues relat- ing to preservation and development of the bluffs and prioritized these items indicating the strengths, weaknesses, opportunities, or threats concerning each of the issues. Preservation Issues Viewsheds (Strength and Opportunity) Viewsheds are a key element of preservation. Unprotected viewsheds could change the character ofthe blufliands both from within and outside ofthe bluffs. This issue provides an opportunity to Help the community understand the important role that viewsheds have on quality of life. Community Character (Strength and Opportunity) It was felt that the character of the blufHands was a tapestry that strongly defines area. There are also opporhinities to build on that character in terms of the historic homes and the stone work, as they are a monument to the future. Nature (Strength and Opportunity) The nat<u•al environment is a strength as a valu- able green space as well as a geologic feature. It is also a mix of au urban and suburban enviromment. There is an opportunity to protect the habitat, which includes plant and animal species-in particular, endangered ones. Historic and Cultural Features (Strength and Opportunity) This is a strength because the bluffs are an important aspect of the legacy of Dubuque. It is also an oppor- tunity because the history and culture of the bluffs is an attraction and could be developed as part of heritage tourism. Dubuque, Iowa, SDAT Report 45 Recreation (Opportunity) st r ;° ~ ~- ~, <. ~s ~ ~ ~, t ~: ~ . ,~ ~~ - = , ~ ,. {:,. ~ _ ~' ~ c_ ,~ fah ~' ~' ~ .°: - ate' 1 < - .• C alp \Y}•`~'}_~~+'y~I r s- ,~,~. .-; ,~,., The bluffs are an opportunity to expand existing leisure opportunities-and create new ones-that are fim, healthy, and would improve quality of life. Stewardship (Opportunity and Weakness) There are numerous opportunities to educate and involve current and future generations in becom- ing stewards of the blui~iands. This could also be a weakness because if caretakers of the land do not step forward, the preservation effort would be difficult. Tourism (Opportunity) Tourism is an opportunity to promote the bluffs in terms of recreational qualities, which could include both active and passive recreation such as caving, rappelling, hiking, birding, and so on. Opportuni- ties for ecotottrism and heritage tourism are also possibilities. Tourism could also provide economic opportunities, but controls over the type and amount of tourism traffic would be needed so as not to degrade the value of the bluffs. Education (Opportunity) Numerous educational opportunities could include students from public schools and local colleges as to the importance of current and future preservation of the bluffs. Education is also an opportunity to engage people of all ages and socioeconomic backgrounds. 46 I Dubuque, Iowa, SDAT Report Development Issues Harmony (Opportunity) This is one of the most important issues because developmen# provides an opportunity to expand the harmonious quality and scale of the community with more stringent design standards. Physical Liimits (Threat) The safety of the bluffs in terms of falling rock and the uncertainty of the structural stability create a physical threat both above and below the bluffs. Public Rights vs. Private Rights (Opportunity and Threat) The threat of development is the reason this issue vas brought to the forefront of the community. It is an opportunity for the community to open the discussion and to try to find a balance between private rights and the public good. This is also an opportunity to address the issue that, although the river-an important component of the bluffs-is highly regulated, the blufflands currently have no development guidelines. Stormwater (Opportunity and Threat) Stormwater problems are a threat to the bluffs as a matter of economic justice, but they also provide an opportunity to address and correct erosion and drainage issues that affect not only those living below the bluffs but also the entire river basin. Economic (Opportunity and Threat) Development provides an opportunity to develop the tax base as well as short-term construction jobs, but it is also a threat if property values are decreased or vacancies occur as a result of development. Dubuque, Iowa, SDAT Report I 47 Recommendations Working from the key words that the stakeholders had previously developed, the group talked about which of these they would like the residents of Dubuque to use 150 years in the future to describe the blufHands. From this discussion, the following goal was developed: "Sustain the unique character of the bluffiands, which encompasses historic, cultural, and environmental significance. The blufiiands make Dubuque a desirable place to live, work, and play." Given this goal, the group developed several specific recommendations regarding the sustainability ofthe blufflands.Throughout their discussion, however, they kept return- ing to the need for an overall vision or master plan for the blufliands, which developed as described below. Primary Recommendation The Master Plan Vision Conduct a thorough mapping and analysis of the blufrlands to develop a master plan that prioritizes areas for both sustainable growth and preservation, including opportu- nitres to establish greenways along the bluf~lands. It was suggested that the master plan visioning for the blufHands consist of all bluffs as defined by the City Bluffland Advisory Committee in the city of Dubuque. The analy- sis and mapping should include the hydrology; vegetation; ownership; archaeology; mining routes; geology; zoning; topography; and other physical, cultural, and historic features of bluffs. Using the mapping and analysis of existing conditions, a plan would identify areas suitable for sustainable development as tivell as those needing protec- tion. These areas would need to be prioritized and an action plan developed based on the plan outcome. It was discussed that many of the remaining recommendations be studied and analyzed within the context of the master plan vision. Secondary Recommendations to Be 6onsidered in the Master Plan Process Viewsheds The city should work the county, state, region, and local community to preserve the viewsheds, both from within the bluffs and up to and across the bluffs It was determined that the viewsheds were a key element of both preservation and development of the bluffands. Discussion about the county bluffland overlay zone 48 I Dubuque, Iowa, SDAT Report included its impact on Dubuque's bluffs. Although there are not specific regulations, it was felt that the county should develop them as a level of protection for Dubuque and the county. These types of regulations also are applicable on a more regional level because development across the river in Wisconsin and Illinois could affect Dubuque's viewsheds. Although the UDC will pro- vide one level of protection, other more regional regulations and controls should be evaluated. The group felt that both river viewsheds and gateway viewsheds should be evaluated within the context of the master plan. The group of stakeholders also felt that local considerations should include evaluation of zoning in districts below the bluffs and its impact on bluff viewsheds. It also felt that education of property owners above and below the bluffs as to their property's visual impact on the city is crucial. Character Two types of character were discussed relative to the blufflands: • Architectural. Future plamiing and zoning regula- tions should consider the existing scale and archi- tectural character of the bluiflands. • Landscape. Specific areas should be identified for protection of landscape features and elements. It was felt that there were not enough adequate tools in place to help protect the "tapestry" that is the architec- tural fabric of the bluffs. The UDC recommendations on the blufliands are a great start, but there may need to be more stringent design standards. This would relate not only to new buildings but also to renovations. It was felt that the master plan process should not only define but also determuie how to sustain both architectural and landscape character. The master plan could include tools such as conservation easements, zoning regulations, design standards, and publio-private partnerships. Dubuque, Iowa, SDAT Report I 49 Recreation and Leisure The group discussed the numerous opportunities for recreation, ecotourism, heritage tourism, and other leisure activities relating to the bluffs. There vas considerable con- cern that these opportunities focus not only on visitors but primarily on the citizens of Dubuque. The activities that should be evaluated as part of the plan include site- specific activities such as rappelling, caving, bird watching, and hiking as well as other active and passive recreational pursuits. With the extent of recreation surrounding the blufHands such as Eagle Point Park and the Mines of Spain, potential connections should be evaluated as part ofthe visioning process. The recommended activities must be sensitive to the historic and environmental assets of the bluffs. Education The master plan provides a great opportunity to engage the citizens of Dubuque in the visioning process, wherein they can help to guide the firture-and implement the sus- tainability-ofthc bluffiands. This engagement is a great educational tool because the more the community is involved, the more understanding and ownership of the plan is fostered. It also can become an educational tool that can lead to more stewardship and long-term support for the bluffiands vision. It was recommended that citizens of all ages and socioeconomic backgrounds be included in this educational process. That includes reaching out to schools, colleges, property owners, volunteer organizations, youth groups, young professionals, retired citizens, elected officials, and others. Economic 1/a/ue The city should plan economic development carefully to preserve character. It vas felt that the bluffs had an economic value, and there had to be a balance between the devel- opment value vs. the preservation value for sustainability of the bluffs. Many tools should be explored as part of the master plan process, including tax incentives, green initiatives (conservation easements, for example) design initiatives, grant opportuni- ties, preservation incentives, and so on. Economic development incentives should be carefully planned with consideration of public and private interests. 50 I Dubuque, Iowa, SDAT deport Maintenance The master plan process should include analysis of long-term maintenance of the rec- ommended architectural features, vegetation, and stability of the bluffs. The Fourth Street Elevator and bluff stairways need long-term maintenance for user safety. Other issues include maintaining the bluff stability so that rocks do not fall onto private prop- erty and maintaining the vegetation, including recommendations for dealing with inva- sive species, legacy trees, and so on. Part of the sustainability issue relates to private property owners' ability to maintain developed lands as well as city agencies' ability to maintain public lands. This will be especially critical in areas with conservation ease- ments and public-private partnerships. By developing a master plan for the blufllands, Dubuque could become a leader in sus- tainability for this important asset of the Mississippi corridor. The blufllands vision could become a model for the adjacent counties and states up and down the Mississippi. Connections to Other Issue Areas Several issues overlapped with other groups and topics in this process, including the following: • Determining how to achieve sustainable growth in the blufHands to reduce sprawl • Identifying and addressing stormwater issues and their impact on the structure of the bluffs as well as properties below the blufflands • Creating connectivity with pedestrian links between the blufliands as well as with the surrounding environs • Including all age groups and populations in sustainability-related issues • Increasing coordination between stakeholders, the city, and other interested parties Dubuque, Iowa, SDAT Report I 51 MAPS DEPICTING CHARACTERISTICS OF BLUFF OVERLAY AREA • Existing Zoning • Vacant Parcels • City-Owned Properties • City Parks • Railroad-Owned Property • ID Institutional Districts • Historic Districts • Conservation Districts • CDBG Eligible Areas Proposed Bluff Existing Zoning a q _ ~ Single-Family Residential (R-1) •~~,. \ d Two-Family Residential (R-2) ..l o -'~ ~] Alternate Two-Family Residential (R-2A) '. sl-1 -'i a,,- +- d Mod. Density Multi-Family Residential _(R-3) ~'I ~ _. +,l ~ ~ ~`~~ 01+= '~ , • C] Multi-Family Residential (R-4) ,,qy<~~ `J ---i~~ ~ Planned Residential (PR) ~ t-- _ I F C] Neighborhood Commercial (C-1) ~ ;_;' ~ ~ 1~ ~] Neighborhood Shopping Center w/conditions (C-2c)'°~~ > ~ J 0. i I ~ ~ ~ 4;ti General Commercial (C-3) . , + I;;1 C] Downtown Commercial (C-4) `~~ I~ Commercial Recreation (CR) - (~ ~ Commercial Service & Wholesale (CS) _.~__~ =' \, ~ ~.. ~ Office Commercial (OC) _ ~`'~ 2ND _ 1~ ~ ~\'' ~~ \r~ Ifs t i - d Office Residential (OR) ~ ~ ~ ~7 . ~: ~ C] Office Service (OS) ~ J,1;-.~ ,_ [~] Planned Commercial (PC) ~~ (, ~+~` ,~ ' ri ~`, ~~ r o~.._ ~ Light Industrial (LI) =~~`~__ ~: ~ '~ F; ',~ ,~= 1 r •.. ~~- Heavy Industrial (HI) ~ ~; ~%~ ,__ ) ~°~ d Planned Industrial (PI) I ~ i ' i . ,I 1" i Institutional (ID) I ` d Public Open Space (POS) ~i ~;~ ; Y- C] A_ ricultural AG _; ~'\`~ ~` '', I ! ~'_ ~ ,, I~--'~ i ,~ + ~ 1 _~ ' : ~~ I I ~ ~ ~ ~'l l ~ ~~ Y t~t~ iA~~~a ~ ~~ ~ ~A1~~~ ~ _ I_-_~ IDI ~.., PENNSYL NlA ~_~~,~! ~;~~ '; ~~ ~ ` ~ IN `- - - -_- - T~~ r•! ~ 1- -+ ! -1~ ~ ~ i I I i~ f t ~._I U~1VER_5=-~ -f ~ >, liijl I f__s. I h c '., ~ f ~~ ~ r ~ rl, j l- - t.' rl_ t ~ 1 ,' ~+ I m.j l _ - - ~ -_ --~ ~ DIODGE i ~> ~ r ~~~. I s ~ °--~~~~~. , ~~CT ~ ~- ~~~ ~ ~F= e~ ~.l (! ~ WSCLAIMER: TNS Informatlon was compiled using the ,_~ / ~ f Wbuquebea Geographic lnlomution System (DAGIS), wte<h NcNd<s data created by boN the City of Dubuque and Wbuque County. Il is uMerdootl that, wNle Ne Cly of Dubuque antl DaNUpating agendas uUEZetl the most wrrent and aaunte IMOrInaUOn BvUleb7e, DAGIS and ds supp3els do notwvnn the accvaey«ewrtnry of the lydormationadale conalned herein. The qry end DeNnDating agerMes shall not be Feld 6abk I«aM d+red, Indired, Inddental, wnsequedid, ~ \ '~~ _ \ ~ `~ 1 / P ~ I 1 l • ~ ~.~-- ~ e ~ ~ `.~ ~ ' ) ~'~~' //~//~~j~~~ f puntive, «spedal dama0es, whether f«eseeable or untareseeahk, aesing oW of the authorized « unauthorizeE I r use of Ws Bale «IM Imdfy to use tNS data «out of arty ~ J~ t tirtach of wartenrywhatsor.2r. 1 ~ ~~,.•p verlay~~District r Q -. ~` J "~ _ ~ ~r ~~~ ~ t\ _.~ ,- - i~ i ~~, ago , \ III `a ~ ~.,~ a A / ~~ . ~ ' ~ n~J ~' • '\ f ~ ~ - \. ~• l - ? 1 ~ ~ ;F: ~~ ~ ~ - ~ti~J ~ ~'r ~~ // ~~ Planning\Bluff Overlay Zoning 06_16_08 Proposed Bluff Overlay District ~, Vacant Parcels ~~- -N +~ ~~~ - ~~ •: iti . t \I R ~^ ~ Ia / s j ~ S ~`~ M E~~ L t ~ r d ~ , _, :.. ~ t R~P~ ~ 31 .,, \z L r ~-~ a V J n ~ a ' E ~~\t .ll~ Z _ ~~ _ \ _~~ "` -J 'wry 1•~vr >1 '" ~ It-,' \ ~7 1 T~~ f + 1 k , ! ~~' C / 7` ~ ~ ~r(/ ~ o ~` a r~ 'SS L/ ~ s ' 1 t ~. ~ / ~-~ .'re (~ j~~ i 3~Fcl R t i l~ 1 1 i ~ _ '^ >~'`u ~, t ~, t !~ l~ ,'1 4~` i Rp {~~ t4 = ~.j~i~s,l. ~t -IZ 1 •i ~~ ~.y <; I - /' ,s ~:' Jl - --=-_- ;1 , a b ,~~~ris y `~, ? tFf•1 +-_ ~ V.\ ~ ~~ a > s '1t i' , 6>\\,~~"f 4!". 9 ~~ / ~ ~ a ,~ 5` l ~gUnl j ! I r r - ~ ~ ~ < 4 ° F ' J , p'~~ ~ i . // 11, ~ ~~, / "i ~~ s., 1 S I 4! 3 r ~ /.%' f: .~ c I I~ :l;~i I 1 ~~r 5(a; :~ D{ f-~- ~ q . r~r1 _r_T -': 2 ,a f -7) ~:1 ~~~(T• a II c 7 - 9 7 ::~ ~11 t1r ~ in j 1. f. ~ _'~~A.a c Si tT if t•1 i 4tii 5t~ ~~. ~I t i -\ ~ e ~ ~ ~x i 5 ~''.: ,,/1."t'~:C~(`:-,f, , ~ r tJ { ~ i -' 1 t ~( f1 ~r~;; a ~ .-~~ a~F771A, - 41 ~ } I Ii1R ,TSi S-~ ! 'tt 71Ri S ! \,~- ~~. k ~ _ ~ \\ t C 1 IrCr S .^ ~ ~~i1y~ i T r.! I (. ~~! I~. a r._7 7 i 1 t ~` CiC 1 ~ t o ;\14 ~ ~ .J ~. u =~e3 ~ - ~ ililf;i i~~;-- IC. t. I t l._ T i~.. ~ - t; 2 ~ -~,1 a. ~~ ~~ t ~~•. I~ it cl 4 ~ ~S ~c t I tyi I 1 ~ i ti ~ 9-_ tco ~.t/', -•, s'.''- _ D ` PE,NtyS~'L ,PNlta~ 1' t- ~ , , ~ , ~ - i 1 ,• 7 ~ 4 r r ~~? -l t1 V. { ~~ ~ti ~N,v ° 4l~_ +~. l ~ 1 ~ _' >, 1N. i ~ .~{ -, ~ 7. ~t J. 4- 1 5 t 17R .r ~ nir 5 Il95 R a - ~' _ ~ ti - _ ~ nt., t q I ~l/ r, ~ f ~ f y ~ f' 1 .a ~n ~~ s 5 ~ \ c - r %? ~ 5 r _ ° ~~t~ r ~ ,~.~, a`~ ~v° !~. `t ' ,~ r ~ c.~- _n l ~ l; ~~ _(~ i z4 ? :il_ ~5~. ~t s~4t ,x l ~._ t~~ U~~ ~ ,~1 .. ~ 9 i ~- - ~ i ! r •`' y - ~' it 4 t 1 i3 l~~i;! ~ - u ; ~ ~ 7 - - ~ %. ~" . --n i - J~ _^~'. .. ~. a ~ , J'' ,ice. ., rn l c~ t ~l i ~.: - 1 ,.. q i f if t S^^~ ~°l :a. a % l' 2 ieTi ~~ Q`a 1 _ i s t O~d ~ ~ ~ ~~ D~G~ ~ ~i / •:. ~ ~~' ° ~-:~ i ~1i gSCWMER: TNSlnfomwdon xas compiled usinfl the B I u ff 0 ve rl a District B o u n d a r it j G~ ' n 4/~ '; ~6uque Nca GeofRaphie Irfomuhon System (DAGIS), wttlch Y \ / ~~ I l , ^ ~ Includes data cre !<d by bald the City pf Dubuque and Y f ~ ~ ~ Dubuque County R Is understood tMl HNIe the ENy of t~!t ^^` ~ Dubuque andp Nap 5 p y noes uhiz dthe most artcnl - If ~ ~ and aaunle Infom»hon avalYbk DAGISlM Its suppiers do al rd ~ _ nol wuraM the atcui ry«c ncy of the miomHtion«dah ,3 q7/ y~~t~ c«talned herein TheCdyaM DSNCIpahlg aflendes shall not f ~ Vacant Parcels 296 Pro erties 7 4'}!Y - be heN labkf«eny dxed,lndued,l~dentd, consequerdlal, Lti `t? /~~ puritive,«spedN dsmapes, whetlKrforeseea6le« w urlaeseeebk, adsinfl out of the authorized «urruthodzed ~ , - ,fin ~~ °~ rl ""• ~, ~„ use of tlis tlah «Ihe lnehiityto use lNs dah «oul of arty _ ~=f/r _ ~°'~" e - ~./ti !`? breath of wvrenry whatsoever. ~~. -e ~ } (p~' k s„ Planning\Bluff Overlay_Vacant 06_16_08 Planning\Bluff Overlay District City Property 06_11_08 Planning\Bluff Overlay District Parks 06_11_08 Planning\Bluff Overlay District Railroad Property 06_11_08 ~..... `11 ~ ~ A~ -` • ~ -~ ---- ~~~> o f ~e. •-- _.~ ; l ~/~ \ S , ,~ e.~....t _ \ \ } \\~:t'\ \~t _~ . ~ / °•. \`'` jJ ~ /151 fJ ~//~/~°/ //J/p j ji~ i 1 ~ i 11 ~ fa r~Q~ i E. _ : ° 4t { I -~S'efi J f i. t ~j ~.'V.I j 1 '` r t~ t~ CRY ~ ~- J o ~ "` ~i ~~~ ~ '` -~~ ' , _ t ~~ ~~ I _! ~ ~ Z , ~ ' ff~ 1 it 1 f -. ` li~~ii~~~t .1 °~ I ` i } `. ~~ _ ~ ~ ~s~ PENNSYLVANIA , ~ ~~ ~ _ ~~ `, ~J ;- ~ , ~ ;, ~-., .- ,,~ ~ ~ ~ ~. Mercy ~~ ~ ~ ~ ~. .. ~~~ ra ti ~m ~ _ ~ ~ ~ ~ ,, Hospital i , it j ~., ,. __ ~ _ _ ~. - _ t J ~i i ~~ ~' - - _ -- I '~~ •.L Wartburg ~E ~~~ ~ _ ~f ~ \~,p9~ ;t ! ~ t_ ,~ ~', e Semina 1~ : ~~;~ ti ;~- ~ ~~~ _~ ~ ~0,,~ ~ "` ~ g I ~ ,.-• ., ~~\ c ) ~ ~~~ ~ ~ ~ / \ ~ P+ / I I ~' {{ t j O~ ~ ~~~~ ~ ~~~~ ~ o ~ ~ ~ o ~ ~ -._. ., ~ ~ ~ ~ ~~ ~ ~ ~ ~ ~~ j ~ l ~-{ /'^~ DISCUIMER; This iMamafion was cwnplied udn9 the I' // ~, 4. Dubique:4ee Geoprephle lnTartnelton System (DAGIS), wNch \ `~ n - includes da[a created by bath the City of Dubuque and ~ 1 .. 1 Dubuque Counb•. R Is unfentood that, wHle the City of Bluff Overlay District Boundary ;~_ _ ~.:. r-^. Dubuque andpadidpatin0 ependes uefzed the most curtent ~ and aaunte information avallsbte, DAGIS end hs supptns do trot wariirt the eccvary a`curtefwy of tla irdonnetion of daft ~.:.', wntelnedherdn. The City andDadidpab[g ipetrciessMO not ty~ ~~~`~~. pun'five, al~ed Itlamafl znwh her~toreseelabk aequertlal, .Institutional District Property -^~ :`~s~~ uidoreseeabk, arisGg outaltia euthotized or unauthorized ~ _ ~ use of lNs data orthalnehiRy to use tNsdata or ail of airy -- ` _ I .' 6~ ~ f/~~'-_. ~-+;` ` ~`~~ tireach of wamMywhetsoevec ~~ ~~ .. ~ o Planning\Bluff Overlay District Institutional Districts 06_11_08 Planning\Bluff Overlay District Historic Districts 06_11_08 Planning\Bluff Overlay District Conservation District 06_11_08 Planning\Bluff Overlay District CDBG Eligible Areas 06_11_08 June 23, 2008 3:00 p.m. (voice mail) Received a call from a citizen (no name given) who said she received the notice of proposed bluffland regulations, and wanted to tell us that she approved of the proposed regulations. She stated she was handicapped and unable to attend the meeting tonight. Melinda JUN 2 3 200 CITY OF DUBUQUE PLA~l~lIPJG SERVICES DEPARTMENT June 24, 2008 Zoning Advisory Commission City Hall, Second Floor 50 W. 13~' Street Dubuque, Iowa 52001 ~..°-.a.T~ ~ -~, ~.C~ ~ b ~` ~°~ ,~:~ ~± ~ JUG! ? 6 ~nC _ _ ~.~_~~ 3 I~ ~ 'sY< < ~ ~ n. o~ ~ i "~ - ~ ,..IV Sir/Madam: The purpose of this correspondence is to provide you with our objections and concerns regarding the proposed zoning ordinance change to create a Bluff Overlay District which in our opinion will adversely infringe on our rights as property owners within the proposed district. We have resided at 83 8 Althauser for the past 23 years in a single family residence. Our property is bordered between Althauser to the west and Thomas Place to the east. We believe that it is our border to Thomas Place and our eastern facing vista that has led the Bluffland Advisory Committee to define our property as a bluff. The fact of the matter is that the east side of our property is a hill that as recently as the 1970's was covered in grass that was mowed on a regular basis. The hill had a handrail and steps so that the former homeowners could walk down to Thomas Place. In order to keep neighborhood children from cutting through the property, the previous owners installed a chain link fence which still stands today. By the time that we purchased oux residence, the east hillside was overtaken by brush that we have been managing and clearing ever since. Our objections to this zoning change are numerous. The first one is our property's inclusion in the definition as a bluff. We attended the public open house regarding this issue on June 23, 2008 and had occasion to speak with Assistant City Attorney Tim O'Brien who informed us that the bluff definition was essentially borrowed from a number of other communities that developed similar ordinances. How many properties in those communities had properties such as ours that were classified as bluffs when they are clearly only hills? Common sense should guide your judgment here. People know a bluff when they see one and likewise know a hillside when they see one. Bluffs typically are shear with a wide face, much like the bluff at Eagle Point Park. In fact the definition of a bluff from the Merriam-Webster dictionary is: "rising steeply with a broad flat front: a cliff." It's quite a stretch to define our hillside as a cliff. Our second objection is the proposed language in the "Erosion and Sediment Control" language of the ordinance which states in part: "Preceding any activity in the filling of or disturbance of land on any lot in the Bluff Overlay District, erosion and sediment control measures approved by the City Manager shall be employed." Based on this language, we would be unable to insert the blade of a shovel into the surface of our property without first receiving a permit by the City-to includethe portions of our property that have nothing to do with the section of our property that has been incorrectly defined as a "bluff." As I indicated previously, the east side of our property had been overtaken by brush prior to our purchase of the property. As such groundhogs, and raccoons have made their homes in the hillside from time to time. As they burrow up the hillside, we have to take corrective action to fill their nests and sub-surface trails in the earth. This corrective action would no longer be permissible under the proposed zoning changes because it would include the act of "filling of or disturbance of land." Additionally, although Mr. O'Brien assured us that this would not occur, we have serious concerns that the City of Dubuque could use this zoning change to impose their will on property owners with respect to how they manage their property. For instance, the City could decide that it doesn't like the way we manage the brush on our hillside and insist that we take some other measures, which of course would be at our expense. Perhaps this would be no concern with our current city leadership but we have to bethinking about the impact of such a zoning change on future generations when different city leaders are in place. We believe that to the greatest extent possible, the individual rights of property owners must be both respected and protected. In closing, it is clear that a couple of fairly recent events in the City with respect to the bluffs, in particular, the two A.J. Spiegel construction projects were the genesis of the Bluffland Advisory Commission and the work that they have engaged in for the past 18 months, to include their recommendations for this zoning change. We implore you to use your common sense as you consider their recommendations and apply the appropriate actions that you deem necessary to protect the integrity of the actual bluffs that constitute a much smaller portion of the Dubuque landscape than the vast area that has been included in the proposed Bluff Overlay District. To do otherwise would impose burdensome regulation on private property owners who are not situated on those bluffs. Lastly, the language in the proposed zoning change is dangerously vague and we would contend, practically impossible to enforce. It seems impractical and unwise to create an ordinance that would be unenforceable by City staff and one that would create a tremendous amount of ill will to a number of hardworking citizens of this community. Please feel free to contact us with any other questions or comments and thank you for taking the time to consider our position. Respectfully, Mike & Cheri Sullivan 838 Althauser Dubuque, Iowa 52001 (563) 557-7416 (7/1/2008) Departmental Email Planning -Zoning Advisory Commission -Bluff overlay proposa( Page 1 From: <russell.lau@prudential.com> To: <planning@cityofdubuque.org> Date: 7/1/2008 12:00 PM Subject: Zoning Advisory Commission -Bluff overlay proposal To the Zoning Advisory Commission, As a resident in the Middle Fork Catfish Creek & bluff overlay area I have questions to as how the areas were defined. All the bluff area on the Kelly Lane side of Catfish Creek have been included in the proposal. On the Grandview Ave. side, off of Fremont Ave., Blair Dr. and Sunset Ridge have been included. On the other end; lower Southern is included. The line continues up Southern and ends. Next to the line Tomohawk Drive, Indian Ridge area, not included, next to this Prince Phillip Drive, further down, Dubuque Golf & Country Club, all on the bluff, all excluded, then Sunset Ridge which mentioned earlier was included. This is clearly a large over sight on the committee or as selective as they were including properties, they were as selective excluding them. If the later is true than this proposal has nothing to do with the bluffs or Catfish creek. _ ~ ~ J U L 1 2C0~ OF ~r~v Russ Lau 1411 Old Mill Road (7/1/2008) Departmental Email Planning -Zoning Avisory Commision -Catfish Creek_bluff overlay Page 1 From: <russell.lau@prudential.com> To: <planning@cityofdubuque.org> Date: 7/1/2008 2:45 PM Subject: Zoning Avisory Commision -Catfish Creek bluff overlay To the Zoning Advisory Commission: Does this proposal now give anyone the right away through my property to access their property for reasons of Sediment and Erosion control? Has the Commision considered accessibility to the areas around Catfish Creek? The train tracks go through the valley. On the north side there exist a utility easement road, which needs maintenance every year due to the flooding of Catfish creek. Additional roads would need to be built and maintained, just driving around the valley and along the bluffs would actually cause more harm to the area. The area directly behind me on the south side of the tracks from my property to the first train bridge has three ways to access it. One is going through someone's yard on Kelly Lane and falling down the bluff, too steep for vehicles and almost to steep to walk on. Second would be take the train tracks up and getting off just before the train bridge but I don't think the RR allows this. The third is going through my property which has no easement. Even if an easement was forced on me, a road would need to built, moving car sized boulders, cutting into the bluff, jeopardizing the stability of the outcrop on my property and defeating the very purpose of the proposal. ~ L~ __3~ C~ ~!~,~ ~' n 7~ J U ~ 1 ~ CQ~ CffY OE ~~Jl3UC~J~ PLFIPlNiiVO ~ERI~ICFS Oc>'~Ti`fE~JT Thank You, Russ Lau 1411 Old Mill Road (7/212008) Departmental Email Planning -Bluff Overlay District Response; Page'1 From: "Cheri Sullivan" <CSullivan@molocompanies.com> To: <planning@cityofdubuque.org> Date: 7/1/2008 5:49 PM Subject: Bluff Overlay District Response; Attachments: Bluff Overlay District Response.pdf «Bluff Overlay District Response.pdf» Please find attached Molo Oil Company's response to the proposed regulations for development of properties in the proposed Bluff Overlay District. Please make sure this is presented at the public hearing. i~ ~ ~ ~ ~ ~ tC~~ 3 i1lii`l~i SEr'~~ICCS ~{~r?~~;T!~~r~h F' ~-~~~? v~~,~.~~ - .~ ,.~ Thanks Molo Oil Company MOLO OIL COMPANY 123 SOUTHERN AVENUE P.O. SOX 1540 DUBUQUE, IOV1lA 52004-1540 July 1, 2008 Zoning Advisory Commission City Hall, Second Floor 50 W 13"' St. Dubuque, IA 520Q1 ~: B{uff Overlay District PHONE 563-557-7540 Our properly is located at the base of a bluff at 123 Southern Avenue. 1 am writing to voice my objections to the proposed Bluff Overlay District. Based on the current proposal, 'tf I wanted to make any slight improvements to my property, I would be required to apply for a variance from the City? I have no intention of asking the City for permission every time I need to make repairs, do normal maintenance, xepaint, true trees and shrubs, repair parking lots or cut the grass. At this time can anyone explain how the practical and cost affective application of the Erosion and Sediment Control language world be implemented on our property? If we did implement, would we then see a reduction in our storm water run off fee? Or would the E.S.C. just be a second expense in addition to the fee? After all, we wouldn't be required to spend money for the same thing twice, would we? After 2 years of planning and development, it seems almost as if the committee was sent in to design a horse and got a camel. There must be balance between the rights of Property Owners = the tax payer, and what some think is a solution for the overall city view. As an example of good intentions gone wrong, think back to the fiasco of the long and protracted legal maneuverings that one small interest group tried to impose upon American Trust when they attempted to build a much better and modern building in place of an outdated and unsafe building on the corner of 9'h ~ Locust -property they legally owned and paid taxes on. These proposed regulations are so dangerously vague that trying to enforce them would be a nightmare for auy city staff member -not to mention leaving them open to undefined interpretation for future City leaders and staff and non-elected commission/commiftee members. I strongly urge you to use some common sense and keep the individual rights of property owners respected and protected when attempting to regulate for the view for a few. Sincer~eylyJ, Mark E. Molo Molo Companies 138 year Company and tax payer {7/2/2008) Departmental Email Planning -Zoning Advisory Commission -Bluff Overlay Page 1 From: <russell.lau@prudential.com> To: <planning@cityofdubuque.org> Date: 7/2/2008 10:07 AM Subject: Zoning Advisory Commission -Bluff Overlay I believe Laura Carstens has passed along a similar question to the City Attorney's office. Here's another example I would like to add. A homeowner never wants to their home destroyed due to erosion when situated on a bluff. Usually if erosion starts or a retaining wall crumbles they take immediate action. (~ ~~, ~~{~ C~~ 1 ~~I T,:'~ ~' j ~ ~ ~~ ~~~ . i'i "}; I s ~a'~ ~ ~Y i, ~~ grr,'T With the restrictions that are proposed they will not be allowed too. They must wait, possibly weeks to go before the City Council. The City Council may then send an engineer to access and bring back recommendations. The City Council will then need to review and determine the appropriate actions. During the weeks or months this may take, a torrential downpour occurs which worsens the erosion to the point of structural damage on the property. Will the City of Dubuque now be liable for the stuctrual damage? (7/2/2008) Departmental Email Planning i Comments re Bluff Overlay District. Page 1 From: "Barb Lau" <barblau@mchsi.com> To: <planning@cityofdubuque.org> CC: <barblau@mchsi.com> Date: 7/2/2008 10:05 AM Subject: Comments re Bluff Overlay District Nature To the Zoning Advisory Commission, t ~} 1 ~ j ~~a` lj ~j ~ L ~tJ~l) 1~.~' _~ n~ c _~ ~~ i ~'F; r~ _ +ry~ clv , I am responding to the proprosed Bluff Overlay District in my neighborhood. I understand the City Council is interested any comments citizens may have on this proposal... I am not opposed to preserving bluffland areas, but 1 am not in agreement with the plan that is being proposed. I think the plan is too restrictive for the single family home dwellings. The single family home owner is now going to be restricted because Mr. Spiegel wanted to put a condominium on top of a bluff. Since this proposal came about because of the condominium, make restrictions on the large builder, not the average single family homeowner and taxpayer. 'I also think the committee is biased in the choice of prbperies to include in the district and which branch of the catfish creek~bluffs was chosen to preserve. My home is located in the proposed district, at 1411 Old Mill Road. It is behind the Rockdale Methodist Church, next to the train tracks, at the 'toe' of the bluff. Catfish creek runs on the other side of the tracks, across the valley. This home has been here for 110 years. It started out as a typical small, "L" shaped farmhouse with 3 rooms on the 1st floor and one room on the second floor. Over the years it has had 5 additions, and is still less than 3000 square feet. The catfish creek bluff that is very close to my home was not affected. Over the years, the value of the home has skyrocketed, as well as the amount of property taxes paid to the city. Now the city wants to restrict this type of positive growth to existing homes. I can see two other houses across the valley, that sit on the edge of the bluff. These homes are located in the Prince Phillip Drive area. For some reason, these homes are cut-out of the district, yet they are built on the top edge of the bluff. Why are these homes not included? Their decks hang off the bluff! This proposal needs to be fair to all. The committee should consider preserving a different branch of catfish bluffs. This branch that was chosen to preserve actually has a river of sewage that flows beneath it to the sewage plant, and when there is flooding, sewage is dumped directly into this stream. Much of this valley is currently zoned as preserve, so why place additional restrictions on the single-family homeowners living near it? I also understand that there is a possibility, in the future, of a bike trail being put along this branch of catfish creek. The building and maintenance of such a trail would probably cause erosion to these catfish creek bluffs in the least... and with this new district proposal, the bike trails would become very expensive, and the bike trails would be a threat to the preservation. I think such bike trails would be a great addition to our city, but this very strict overlay district could threaten the possibility. There is another branch of catfish creek that flows into this one. I believe it is the southern-most branch. It runs along a new subdivision near my home that is off of Manson road. This subdivision is just being developed. There will be huge new homes built on the edges of the bluffs along this branch of catfish creek. Here is an opportunity to preserve a catfish creek bluff as it is now, untouched, undeveloped, as it has been for hundreds of years. If the true purpose of this committee is to preserve catfish creek bluffs, Why is this area being ignored? The purpose of the committee could be achieved without upsetting current homeowners. Instead the city will receive huge amounts of property taxes on these new homes, and will allow these pristine bluffs to be degraded. It doesn't make sense. I would ask the City Council not to accept the proposed Bluff Overlay District. I am opposed to restricting the single-family homeowner from making improvements to their home. I believe the catfish creek bluffs can be preserved without restricting the existing single-family homeowners. The overlay district should (7/2/2008) Departmental Email Planning Comments re Bluff Overlay District _ ~ .Page 2 prevent the large developers from building multiple-family dwellings on the bluffs, but leave the existing single-family homeowner alone. The city has the opportunity to preserve untouched catfish creek bluffs, but is instead considering putting restrictions on the existing single-family homeowners. I don't think it is necessary to put restrictions on homeowners along this branch of catfish creek, when this area of catfish creek is.already zoned a preserve. Thank you for considering my comments, Barbara Lau 1411 Old Mill Road Dubuque, IA 52003 _ _. _ _. '..(7/2/2008) Departmental Email Planning -Bluff Overlay District Page_1 i1i.~ /t(.~ If I~ ~ i° ~ From: "Russell Knight" <knightr@mercyhealth.com> ; , ~ ~ ~ i To: <planning@cityofdubuque.org> ~ h' ~ a ,; ~~ ~ ~.i „ ~iE~d IIII ~ ,l~~:r~ ;~ CC: Bernie Fox <FoxB@mercyhealth.com>, James Schroeder <S laroedJ@mercyhe:.. Date: 7/2/2008 10:07 AM ~~~ R~~ ` `i_ s¢~m ~~ Subject: Bluff Overlay Disi:rict t,iTl ~~ C)~?~~~+iJE Pl_An?r''`4i,`:'~ ucN~(t,i°_~ _ `.i~T:".~iel~T To: Members of the Zoning Advisory Board ~- ~ - ~` ~~ On behalf of Mercy Medical Center I would like to convey a couple of concerns with the proposed Bluff Overlay District and suggest two specific modifications that would address those concerns. Although most people probably would not consider Mercy to be situated "on a bluff," there are important sections of our property that do fall within the proposed Bluff Overlay District. These are primarily the lower parking lot east of the hospital and the area south of the hospital at the east end of Clara Court. We currently have no plans to develop either of these areas, but it is conceivable they could come into play in the future, at which point the hospital would face significant building restrictions because of the definition of a "bluff." The sketch that accompanied the Question and Answer sheet about the proposal showed two houses at the toe and top of what virtually anyone would agree looks like a "bluff." However, the technical definition and the drawing depicting the 18% slope make it clear that a "bluff' could encompass significant portions of our property, with the result that the 15-foot setback requirement could be difficult to achieve. Relief is possible through a variance request, and we are confident we would meet four of the five requirements under the current City of Dubuque Code, but that might not be enough to gain approval. In conversations with City Planning Department staff, we've been given an interpretation that if at any point in the descent of the grade, the slope becomes less than 18% for a distance of more than 5.5 feet before the overall drop of 50 feet is reached, then that portion of the site would not be considered a bluff. This interpretation addresses our concerns, but we know that interpretations can be subject to change over time. We have two suggestions that would resolve both of these issues. First would be to include the interpretation above in the regulation itself, so the definition of a "bluff' is more precise (and intuitive). Second would be to remove Institutional Districts from the Bluff Overlay District, since projects in such districts already receive close zoning and planning review relative to site design, building types and locations, property contours, impact on existing land features, and so forth. It would appear that the goals of the Bluff Overlay District can be accomplished within the existing controls of the Institutional District. Thank you very much for taking the time to consider these comments. Sincerely, Russell M. Knight President/CEO Mercy Medical Center ~>,o= a~ - c~~ ~ ~~ o ~aoo o ~o~ ~>, E 0 0 0 ~ O NU-o.~~ ~~~~ ~ v v v .ate o ~~ > ~ ° ~ gym ~-o o ai ~ ~ ~ ~~ ~ ~~o~c~~ . •~mQ~~co n n n ~~ v >m a~ ai ~ o ~~ ~ ~' ~ o ~ m aXi axi ~~ axi ~-~f°`~~ ~ (B to ~, :I:r ~ ~--~ ic '~a , L O +-~ ~, O ~ ~ O ~ ~ ~ C ~~~ O N ~ ~~~~~ •L N O N N O N O O (Cf O In ~ ~ +-~ .Q ~, to ~_ Q. O .Q 'O ~ ~ ~ ~ ~ .~ ~ ~ ~ O ~ ~ ~ Q. L ~ O L C '% i i O O 'L U O ~ LL N ~..~ µ.' ~ ~ C ~ R5 O 4_ ~ ~ ~ ~ L' ~ ~ ~ '~ C •L ~ ~ ^^ LL ~ V -~ ~ ~ ~ CQ l0 (Q ~ Q ~~ ~ O O Q.~ N O O N~ Q f6 O O ~ ~ ~ _O N y-+ _O N ~ ~ -O CJ O ~ C - O ~ ~ ++ O _ O L ~ fA ~ -N 0 m m m ~ N m ~ ~ -t-+ f~ U ~ (Q ~ ~ U y.. .Q ~ ~ U ~ ~ '~^ '~ ~ (n ~ ~ N ~ r~^ m to ~ O ~ ~ (B ~ (6 N N ~ ~ ,~ (('f O O) C > >+ C O L O O O Q ~ O OL O C > >, O O RS O O Q O . ~ L O L O L O L O ~ L O N :''~ (B O ~ L O U !-' (Q O L a z z z L a. a z L w~oU ~ rn~ L w~oc~ ~, ~~' L O 1 ~ a--~ O C N N ' O ~ '~'' ~ V ~ 'L (Q O L O= n" ~ tq C C O U O U U U N ~ O X N ~ O ~' ~~~ ~ O Q~ ~ 0 0 ~ can-~ . _ ~ ~ ~ O ~ U ~ ~ _ ~ _ .N O N U ( ~ ` ' . MM O ~ W ~ ~ ~ ~ ~ _ O ~ U ~..+ N N • ~ ~ ~ ~ ~ ~ ~ O ~ ~ ~ VJ ^^~ ~ U ~ ~ ~ ~ ~.~ ~.~ O /O U ~ l y~x,t 0 ~ RS ~ ~ ~ ~ ' ,1.1 ~ S ~ ~ ~ ~ ~ ~ ~ C ~ ~ ~ C ~ N L .N L ~ ~ ~ ~ ~ ~ ~ ~ . O S~ N ~( W 0 0~ ~~ ~ O U C Z~~ C y! (6 W o .Q ~ DO ~ Z O Z W o o d .~ tB N N W O tII L •~ ~ ~ .Q ~ ~ ~ O~ c~~ ~ ~ ~ o o~ o ~ N L tea' ~ (n L 4- O L Q~ 0 N ~ d m ~ ~ ~ -~ ~ > N O U L O O O to 'O 'p ~ • O N~ d U ~ O N ~ ~ sv '~ 'a .d+ O U O N V ~ •C ~ O- fi`r' ~ O O ;~_, ~ ~ ~~ ~ OO 0 ~ E d 0 ~' N U L (TS C tTS C O O 'O Q ._ 0 L y_ m~t~ Q Q m U U~ ~ W o a~ ~ ~ U o U ° 0 U 0 U 0 U 0 U ~ A ~ ~ C :~. C C C C ~ to 'X ~ ~ N U ~ ~ N o U N U N ~ ~ O ~i--+ O O O O L ~ _ ,~ ~ L L ~ L L L L ~ ~ • U U U U V U U U 4-- Q U ~ ~ ~ U ~L ~ ~L N ~L N ~L N ~L c/? ~L N ~L _N ~L N ~ o v ~L ~ ~ ~ ~ ~ ~ D ~ C~ N N~ ~ O ~ ~ ~ ~ ~ ~ ~ ~ z 4- ~ ~f C fn ~ - N > N > N > N > N ~J ~ > ~ ~ o uj ~, ~ O~ ~ ~ ~ ~ ~ ~ 0 ~ .O ~ d to U `'F- ~ `'~ ``~ ~ ~ ~~-- ~~-- Rj L{~ 0 ~ .o m m m m m m m C~ ~ C / N ~ n iy ~ .Q ~ ~ ~ .Q .Q .Q ~ . ~ • m ~ ~ ~ ~ ~ ~ ~ N ~ ~ ~ ~ C ~ _~ ~ ~ ~ _~ ~ ~ ~ C ~ G Q N ~ ~ ~ ~ ~ ~ ~ ~ U ~ O V ~ N ~ N N N ~ N ~~ Q ~ ~ ~ O O N ~ O O O O O O p ~. D U Z Z Z Z Z Z Z Z D U .-: ~ U U .+.~ ~ ~ N to ~ ~ (B S- ~ 'a N p) ;~ N to C O U ~ N N N ~ ~ L .Q ~ (B (6 ~ U lA L p ~ ~ V (6 U C tlS = N N p O O ~ V ~ 7 N ~ ~ ~ ~~ ~ ~~~ ~~ ~ N O U U ~ ~ ~ U C O N ~ ~ E ~ to ~ >, t/A C ~ ~ ~ U U L • _ ~ ~- ~ ~ ~ 'U a U ~ ~ . ~• V U (~ ~ QN~ ~_ ~ ~ ~ • O ~ O \ ~ ~ ~ U ~ L U fn ~ ~ 'C ~ O LL ~ N ~ N O ~ ~ ~ O ~ L ~_ ~ t6 ~ N ~ Q ~ ~ ~ U ~ ' N ~ ~ ~ ~ ~ ~ ~ ~ . ~ ~ '~' ~ ~ ~ ~ p ~~11 •• ~ Q~ C ~ L I~ o U .U o ._ ~ o .~ 'o ~ 0 0 0 0 0 o C W OD Z N ~~ NcA~U.~v WU ZN Z Z No ~+ U ~ L ~ N N U L ,~ ~ ~ D 0 _ v ~ a t6 ~ ,~ ~ N O 'a -~ ~ > • ~ ~ ~ N ~ o U c ~ o ca -o ~ a ~ c o ~ ~~ ~ o o ~~ ~ c ca o 0 L 0 N~ ° ~~ ~ o a~'i >c a~i~ o d m ~ . >, ct1 :~. ~ ~ c~ >, a~ o cn o ~. L N ~ d! ~ ~ ~ "a '~ '' " ~ L ~ O C N U - ' ~ O 'a ~ ~ . ~ ~ C C~ ~ '' .' (~ ~ ~ ~ N ~ ~ O U ~- tq G~ ~ ~ ~ U N ~ o ~ 4 > ' ~ fA CQ ~.N ''' U 'C ~ N ~ 1 ~ U . U _ ~ ~ ~ 'U~ N ~ ~ ~ ~ L ~~ ~ U ~ m ~ U = ~ ~ ` ~- ' W N to . _ _ .L ~ ~ N C/~ C/1 N . ~ ~ ~ ~ ~ c ~ V ~~''"' U U N ~ to N U O "- ~ O) v - > QS ~ O) ~ j m Q, U to X V L ~ O~ N j X X N t0 +-' O A '+~ ~ ~-. N O O O U A O N p p O N O O O L t0 O to O) N C ~p N N ~ ~ C O ~ O U ~ ~ ~ (Q ~ O Q LL ~`~' O U U N O O O O L= U U U U ,i ,,~,, ~ O ~ L.L N ~ ~- . -; ; ~ ~ .« ...r fA o to o L ~ L 'p C a o ~ ~ N 0 N 0 N 0 N 0 ~ ~ ~ L o N cB L cB L ~ ° 4- c o ~'' O ~ ~ N ~ c~ L c~ L c~ L cts L ~c ~ > > > > ~ O O ~ Uc~ ~ O O O O ~ ~ ~ ~ ~ a~ ~ ~ ~ ~ ~ ~ ~ ~ ~~ _ _ ~./~ W M M W O L .F.r ~ '~'' M M W M W M W M W O ~ ~ `~ U N ~ n ~ Q n . ~ i ~ c a ''^^ a~ . . . _ m ~ v v! ~ L N L .~ ~~ . O N N O ~ p O ~ C > >, C O L p O O ,~ (6 fTS tB (B ~ ~ O p p) O~ "J U O ~ p O ~ ~ ~ ~ L' ~ •~ U ~ N 'a ~ ~ ~ ~ N N ~ Q. _ 'L ~ L L L L 0 z z w-~DU c"'q ~~ z z z z ~ ~ 0 L L ~ ~ U O _ U -~-. p p ~ .~ L O .O ~ ~ ~ ~ N N L ~ ~ `-~ ], ~ ~ ~ O ~ O ~ ~ ~ (a ~ i .~ O O ~ _ Q ~ O ~ r ~ ~ ~ V ~ ~;~ ~ L ~ p p ~ ~ L p ~ N O ~ C •i ~~ N O N N to Q3 0 t6 N ~ n °~ cn o> O ~, n m m y- O ~, s ~, . ~ ~ O (A ~~ ~ ~ - N O ~ ~~ •U ~ - . ~ ~ ~•~ L - p' O -p U ~ Q ~ _ L ~ (~ 3 U ~ ~ vJ ~ _ ~ t4 Rf ~ ~ to fB ' O ~ (a ~ ~ ~ ~ •~ O O ~ ~ O , ~ • . O ~ • ~ .~ K W O Z M~-O.r~ Ca W > O O c~ fq ,'/ ~ V/ Q. ~ G ~ LL (~ ~ MO W L' .~ O ~ O N O W U O L Q N N O L ~ V to ~ ~' p ' > Q C U +_ + ~ '~-' ~ L ~ p- •lA C = V ~ V p ''~ ~ N > ~ ~~ o O ca= p 0 ~ vac ` N 7 N _O N ~ N +- U p .L N O m y..a L • -1-+ n > ~ a ~ i ~ ~ m ~, ~ N y.+ _N , ~ ~ N t6 O L L ~ 'a ~ ~ (~!~ ~ U O ~ ~ p ~ ~ ~ y= ~ Q V ~ ;~' tB ~ ~ ,~ ~ N ~ +~' -p ~ O "+~ O ~ ~ N O p 'U /yam d 0 ~ + .~/C~ ~/~_~ i1 ~_/O~ ~ p ~'/~~ •N~ ~~/O~ \\N O ~ O • W VJ V/ V UI V/ vJ VJ ~ V VI / m O '~ O .? I.1. M MAPS DEPICTING PARCEL SIZE IN THE BLUFF OVERLAY AREA • Over 1 /3 acre • Over 1 /2 acre • Over 2/3 acre • Over one acre Planning\Bluff Overlay Parcels Over One Third Acre 06_11_08 ~„~- ~ .~ -- o~ Proposed ~_}_~4,;, Bluff Overla District ~~. ~~ ~ y ~ ~~ ,Parcels over 1/2 Acre ~j- -- ~~~ n ~,~ ,\ ti a ~\ ~ - ~- Aa ~' ~~`~ ~ - a ;i ~, .ti "1 a , 8 .,% - ., ~\`~ 2ti~ .. ~ -_-- 32ND ~ ` \ ; - 4j ~Q"Y :;, _ r ~~ \ Q- ,' ~;m _ I-~` 4 ^~~ i. '' ' ~ `~\~ , gbh` `'. )'y ~;~. PENNSYL_(aNIA _ { __ ~ '~ ,,!_ ~• SITY - \~ ~~ _ ,,Iri -=--pl - sK a"~ \ . DINER -_ _ • __ e~ ' ~~ V - !f DOD ` ~ 1 ~ l =. ~` 1 \ e Vii' ~ ..~ „ , ` \-_ ~ •` -:, / ~J ~ ~ , :~ :',~ V , N \ _ = ~ , -. - = ,t,, yr ~~ . I° ~--~ -~~ ~ ~~ ~ ~f r ~ /~ s '~ ' ~ ~ t 1. . ~ ~'.a"x ~ _ _ .: j i t ii r ~ ~ ~~~ ~ ~ u ~ D P~~~ / 1 j~ J gicbNa~n Irv- r va,.res c«nA•e ~rsuytne ~' ~/f GbW.ie Aie Ge°~aphclrfortn,tlm SyilrnilQAGISi, Wktll - Irclutle¢tlNa cr°Neo by bah IN GStygDUbuqueeM o l !i_: ,- ~ Dlbu7ue CouMY [Is urWerslootllhat wNla the CYN of IXbq~e °nEp rbtlpaGnl ape Wlicd the Nwrmrd Bluff Overlay District Boundary ~;' ~ ~~,~~~~1«~°°°•~~k°^G~S°~°°ewaend~ ~,rt aonhiMdiHnrt TA GtYdhdpeNdpaliry °D~nn+l ihdll nol be heN lebl0 for rry dtr a, In3rex I Aemal. < nxquatlal. :~ Cp' yurJha vspe Id 0 °.1hedfxf °64a ! uafamctabk armnp°~I OI Ne eI[hotleed orunuhor¢eG "~ ~ Parcels over 1/2 Acre 143 ro erties t~ ~ ~I°°r~~~,aa,~„~I,Y,o,~,~d,laaou,°,aR, ,~ ~ n ,. keechelnrrertyrMt~,~. ° , i„r ~ ; - -- o , Planning\Bluff Overlay Parcels Over One Half Acre 06_11_08 Proposed ~ . Bluff Overla Di trict ~ ~j ~~ `~ y s F~~ , .~ e ~Parcetls overt/3 Acre.,;, ° _ ~~_~ ~, ~ ~: o~ __ d ~~ " ~t _ _L r=a ~ y~ ~,,:. t~ ,~ f _ E~ ~~ ~,r ~ .~ ~ 4 _ ~~ s __ _ _ ~ __. % r ~:.. h \'\ y 1 `~ f I ' ~ s1~ 9 ~ ~1 JJ ~ ~~~ y~: ~1 b s _. ~ ~ V I ~ ~ ~ ~ I '~ t ~ W,-, f ~~ ~~ a' dd- ~. .% r S r I 6 ~Z. /Y 1) r ~~~ ~o y,~ ~~ ® ~ r `~~ n ° ~ - p y -~~ ' - ~__u f r i ~ (~~7'~ IL 9 .~ ~ O v~` p` ~s 4 -~ Pi --- ~ rHec~>vi~ef+: raf~l~ronn.aan a,a-~,pfad uaeafne - ? ~ y _ _ ar,,.+w<i,.. c<oa.chr mrn,r~swan ~ow~s~, ~m~ s" 6 . ,: --_~i '~ I~exaded<<.>t.dnyn°mr~ecnyoro~wQ,aaae '~ ~ ~ -' D,buwe.cwm. Rk mdraooelhq rNNths Cry of . ~~~ a[+.gveeMpedidplnpegmdnufYeedMannMarta~d not aarrin the aeeunry er eureR.v of h. iiyome6°n a eel. Bluff Overlay District Boundary ~' ' - '~~`~''"`""~°"'~'~"°"~oebiap""`°° ca#YnM herds 7M qb and pvli<yakiy agwdea shaA~iwl M MWI.UI°id uy fired lna-nd Inddenlsl, mnxQueroY. uN<rcae<sEk. wrlro au a/TC auhalarecwath°ra<d f (~ Parcels over 2/3 Acre 122 Pro erties ~ ~~.~~.fe.~.~,.~e~.,~a,m~~ _ _ use°flh%tlYa alm lneWtb l°is. nsdau a°ul of any ~~ bexh ~weaanH ans~°evs u a:' ~ ! ); Planning\Bluff Overlay Parcels Over Two-Third Acre 06_11_08 ~~' N ~° Proposed :,,,"` ~,f ~. Bluff Overla District ~ -~ ~ Y - ,, Parcels over an Acre _: - ~-'tm~~ -~ - < ;, /' 3 _ ~ ~ ~°'e "'~ ~ KENNEDY ~ • ~ " '~` ~} ,~ j f_ ~• ~\ `, `pO -,. ~, ~ ~ S~ i ~ ,: ` `~- c2Np ° - 32ND i~~~ ~\ _ '/ ~~~ i ` ~ - ~ ~ r h _ ~ ~ )~iJ lJ l f t Z7 `~ I _,: _. \ s~ ~ - ~~ \ it Py . PENNSYLVANIA - _ - ~- ~`` R$ITY - _ 'y,;ff __ ,,r --~ _= i~ - - UNNE ~ '° ~}~~ - -- _ - DODGE ~ - ~l - ,~ -,l ~~ ~ _ ~ , ~ '~ " li ~~•~ ~~ I 0 ~~o;~ eSo ~ Fp d \ ~ -_ ~, ~ ;, ~ 4 ~ '~ ~.. R f~ f ° l II if e ,~ I ~ _:-, ,- ~ a ~f. GQ~?/ li{ . ou~u~n m:pMo<~wlenr:,scgrrwpe~~~oDI~ G/ ® - ~~ ,~I I~up Cd Va Cni~ta~d Phbdh lF/ lon 9~f anl~GIS1. MriM • ~ M Cilyd Dubuque an0 D,tuque Cony. [IS UderMootl ]hel.vNlethe City of ~) ddrq.ie endpWelpaunp aperdes 411zed in. moel wrzeet Bluff Overlay District Boundary ~ r^ .~.~~,IeIMe~.nen.~~~~,~,~1s.ndR,.w,le,.,, r6 ~ r,aaair.N ihe~.c~~.a~y«narr,ryore;c ~ar;r,,.e;h«dy. cdnl~iheC lierelrt The Ciy ppdpar[Nppllnp aDerRiM Mall nol be ktl IMde for arty diva, NM~a, IMdennl. conxquereiM, WNi.+. uzpxnldrrrla,'h. elhrfmsa~nti4x I~] Parcels over an Acre 102 Pro erties ~ ~~~ unforcxenUkui.inDDtlDldwaihodeedMUnuhorized _ _ ~ ~~ uceafNk dNa orilw lneb11ry 16up tIVS Qna ceM Ol art/ " °'~r / Mewh ol.mirty 4.dylsoeuer. k~" ~ 1/ a ~ r ~ / Planning\Bluff Overlay Parcels Over Two-Third Acre 06_11_08 R~~'~ ~.~ .oc3 by Q~,.S.~.:tG- ~2 ~ c'd ^7.2.0 8 r~C.-. /10,. Sr., .~~ Rec.'s ~ • 2'd8 R~c'~ '>•Z•~ .~rca-. ~o~e srw Recd ?•Z OZ3 .rrd,.. /lea. SrwJ~L~- ,arc..,. /le,., S,-a.:,~G. .' ~ i n ~ as : a - .. •ti r ~ ~ < !' 3 '*t i + " ii. ~ f F. ~ MC' #~ A - ~ sue` T ~°' r ~~s{!3 ~ ~S ~ "~" 1 a; ~ Y .fit 3i a. ~~ ^ Re~'v `1 2.08 F~ iZa,,1,~,, .• fG, !?cc~~ '1.2•ag ~~ 11~C'c~ `1'L'O~ ~~~ -7.z•oE3 CITY OF DUBUQUE, IOWA . OFFICIAL NOTICE NOTICE is hereby given that the Dubuque City Council will conduct a . public hearing at a meeting to commence at 6:30 P.M. on July 21, 2008, in the Historic Federal Building, 350 West 6th Street, on the following: Request of Dr. William May to rezone property lo- cated at 989 Langworthy Street from R-2 Two- . Family Residential District to OR Office Residential District. Request of Charles Daoud to rezone property located east of Keymont Drive from R-1 Single - Family Residential District to R-2 Two -Family Resi- dential District. Request of the City of Dubuque to amend Ap- pendix A (the Zoning Ordi- nance of the City of Dubu- que Code of Ordinances) by adopting the Bluff Over- lay District. supporting Copies of supp g documents for the public hearings are on file in the City Clerk's Office . and may be viewed during nor- mal working hours. Written comments re- garding above reclassifi- cations/ amendments may be submitted to the City Clerk's Office on or before said time of public hearing. At said time and place of public hearing all interest- ed citizens and parties will be given an opportunity to be heard for or against said reclassification. Any visual or hearing im- paired persons needing special assistance or per- sons with special accessi- bility needs should contact the City Clerk's Office at (563) 589-4120 or TDD (563) 690-6678 at least 48 hours prior to the meeting. /s/JeaneMC,City Clerk C it 7/11 STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: July 11, 2008, and for which the charge is $18.14. C a Subscribed to before Notary Public in and for Dubu ue County, Iowa, this // day of 20 Qr . Notary Public in and for Dubuque County, Iowa. MARY K. WESTERMEYER Commission Number 154885 v Comm. Exp. FEB. 1, 2011