Loading...
Amended and Restated Greater Downtown UR DistrictTx~ cn-Y o~ Dubuque ~' T~ ~ A1I-Ameria City j„~ f ~ e Mr~sterpiec~ ors tl~e 1Vl~ssiss~~~ri f 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District DATE: September 29, 2009 Economic Development Director Dave Heiar recommends City Council approval of the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District. The proposed amendment of this district would expand the district to include the area known as the Cable Car Area. The amendment would provide this area access to the tools and incentives available to urban renewal district properties, including tax increment financing and the Downtown Rehabilitation Loan Program. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager David J. Heiar, Economic Development Director THE CITY OF Dubuque DUB E "ate 1 - Masterpiece on the Mississippi 2007 DATE: September 25, 2009 TO: Michael C. Van Milligen, City Manager FROM: David J. Heiar, Economic Development Director SUBJECT: Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District Introduction The purpose of this memorandum is to forward for City Council review and approval of the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District. The proposed amendment of this district would expand the district to include area known as the Cable Car Area. The Plan and Resolution adopting the Plan are attached. Background On September 8, 2009, the City Council approved a Resolution of Necessity finding that the proposed expansion area was a blighted area and appropriate for urban renewal activities. Staff has prepared an Amended and Restated Urban Renewal Plan for the area as per the directive of the City Council. A consultation process was conducted with the affected taxing entities as required by State Law. The required consultation with affected taxing bodies was held on September 23, 2009. No objections were received. The Plan was reviewed by the Long Range Planning Commission on September 16, 2009. The Long Range Planning Commission has forwarded its recommendation to the City Council affirming that the Plan is consistent with the City's Comprehensive Plan for development. Discussion The amendments to the Urban Renewal Plan will expand the district to include the Cable Car area (see Attachment A of the Urban Renewal Plan for a map). The amendment would provide this area access to the tools and incentives available to urban renewal district properties, including tax increment financing and the Downtown Rehabilitation Loan Program. Recommendation I recommend that the attached resolution adopting Amended and Restated Urban Renewal Plan be approved to support reinvestment efforts in the district Action Step The Action Step for the City Council is to review and approve the resolution to adopt the Amended and Restated Greater Downtown Urban Renewal Plan. attachments F:\USERS\Econ Dev\Urban Renewal\Greater Downtown UR District\2009.1 Amendment120080925 Adopt memo.docx Prepared Bv' David Heiar ED Director City of Dubuque 50 W 13th St Dubuque IA 52001 (5631589-4393 Return To: David Heiar ED Director City of Dubuque 50 W. 13 St. Dubuque, IA 52001 (563) 589-4393 RESOLUTION NO. 393-09 A RESOLUTION APPROVING THE AMENDED AND RESTATED URBAN RENEWAL PLAN FOR THE GREATER DOWNTOWN URBAN RENEWAL DISTRICT Whereas, on September 8, 2009 the City Council of the City of Dubuque, Iowa authorized the preparation of an Amended and Restated Urban Renewal Plan (the "Plan") for the Greater Downtown Urban Renewal District (the "District"); and Whereas, the City of Dubuque's primary objective in amending this Plan is to provide opportunities for further redevelopment and reinvestment in the downtown; and Whereas, the Long Range Planning Commission has reviewed the proposed Plan and has found that said document is consistent with the Comprehensive Plan for the development of the City of Dubuque as a whole and has transmitted its findings to the City Council; and Whereas, a consultation process has been undertaken with affected taxing entities in accordance with Chapter 403 of the Code of Iowa with no written objections or recommended changes to the Plan received; and Whereas, the City Council, in accordance with Chapter 403 of the Code of Iowa, has held a public hearing on the proposed amended and restated Plan after public notice thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District, attached hereto and made reference to herein, be approved. Section 2. That the City Clerk of the City of Dubuque, Iowa is hereby authorized and directed to file a certified copy of the Resolution in the office of the Dubuque County Recorder. Passed, approved and adopted this 5t" day of October, 2009. /~ r~ ~ . Roy D. Buol Mayor Attest: ~_~~/ Jeanne F. Schneider City Clerk F:\USERS\Econ Dev\Urban Renewal\Greater Downtown UR District\2009.1 Amendment\2009.1 GD UR Adopt Resolution.docx AMENDED and RESTATED URBAN RENEWAL PLAN Greater Downtown Urban Renewal District (A merger of the Downtown Dubuque and Ice Harbor Urban Renewal Districts) City of Dubuque, Iowa This Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District is a result of the merger of the Downtown Urban Renewal Area Project Number Iowa R-15, originally established by Resolution 123-67 by the City Council of the City of Dubuque, Iowa on May 18, 1967 and subsequently amended and restated by Resolution 79-71 on March 15, 1971, by Resolution 73-74 on March 11, 1974, by Resolution 107-82 on May 3, 1982, by Resolution 191-84 on June 25, 1984, by Resolution 371-93 on December 6, 1993, by Resolution 145-94 on May 2, 1994, by Resolution 479-97 on November 17, 1997, by Resolution 476-98 on October 19, 1998 and by Resolution 187- 02 on April 1, 2002, with the Ice Harbor Urban Renewal District, originally established by Resolution 403-89 of the City Council of the City of Dubuque, Iowa on December 18, 1989 and subsequently amended and restated by Resolution 241-00 on June 5, 2000 and by Resolution 114-02 on March 4, 2002. The Plan resulting from that merger was later amended by Resolution 170-04 on April 19, 2004, by Resolution 391-06 on August 21, 2006, by Resolution 108-07 on February 20th, 2007, by Resolution 597-07 on December 17, 2007and by Resolution 300-08 on September 2, 2008, and by Resolution on October 5, 2009. Prepared by the Economic Development Department Version 2009.1 1 TABLE OF CONTENTS A. INTRODUCTION ........................................................................................................ 3 B. JUSTIFICATION FOR THE DESIGNATION ..............................................................3 C. OBJECTIVES OF THE PLAN ....................................................................................4 D. DISTRICT BOUNDARIES ..........................................................................................4 E. PUBLIC PURPOSE ACTIVITIES ...............................................................................8 F. DEVELOPMENT AND REDEVELOPMENT REQUIREMENTS ...............................10 1. LAND USE :..................................................................................................10 2. PLANNING AND DESIGN CRITERIA :........................................................12 G. LAND ACQUISITION AND DISPOSITION ..............................................................12 H. RELOCATION REQUIREMENTS ............................................................................13 I. FINANCING ACTIVITIES ..........................................................................................13 J. STATE AND LOCAL REQUIREMENTS ...................................................................15 K. DURATION OF APPROVED URBAN RENEWAL PLAN .........................................15 L. SEVERABILITY ........................................................................................................15 M. AMENDMENT OF APPROVED URBAN RENEWAL PLAN ....................................15 N. ATTACHMENTS ......................................................................................................16 2 A. INTRODUCTION This AMENDED AND RESTATED URBAN RENEWAL PLAN ("the Plan") has been prepared to update the objectives and public purpose activities intended to stimulate, through public actions, financing and commitments, private investment within the combined area known as the Greater Downtown Urban Renewal District ("the District"). In order to achieve this objective, the City of Dubuque shall undertake the urban renewal actions specified in this Plan, pursuant to the powers granted to it under Chapter 403 of the Iowa Code, Urban Renewal Law, and Chapter 15A of the Iowa Code. This Plan is a result of the merger of the Downtown Dubuque Urban Renewal District Urban Renewal Plan originally established by Resolution 123-67 by the City Council of the City of Dubuque, Iowa on May 18, 1967 and subsequently amended by Resolution 79-71 on March 15, 1971, by Resolution 73-74 on March 11, 1974, by Resolution 107-82 on May 3, 1982, by Resolution 191-84 on June 25, 1984, by Resolution 371-93 on December 6, 1993, by Resolution 145-94 on May 2, 1994, by Resolution 479-97 on November 17, 1997, by Resolution 476-98 on October 19, 1998 and by Resolution 187-02 on April 1, 2002 and the Ice Harbor Urban Renewal District Urban Renewal Plan, originally established by Resolution 403-89 of the City Council of the City of Dubuque, Iowa on December 18, 1989 and subsequently amended and restated by Resolution 241-00 on June 5, 2000 and by Resolution 114-02 on March 4, 2002 ("the Merged Districts"). The Plan for the merged districts was further amended by Resolution 170-04 on April 19, 2004, by Resolution 391- 06 on August 21, 2006, by Resolution 180-07 on February 20th, 2007, by Resolution 597- 07 on December 17, 2007, by Resolution 300-08 on September 2, 2008, and by Resolution on October 5, 2009. This Plan shall serve as a new urban renewal plan for the District described herein. The Plan shall be viewed as a single plan for purposes of fulfilling the objectives of the Plan. B. JUSTIFICATION FOR THE DESIGNATION The City Council of the City of Dubuque, Iowa has determined that the following blighting conditions, as defined by Chapter 403 of the Iowa Code, Urban Renewal Law, exist within the District: • Undeveloped and underdeveloped land; • A preponderance of deteriorated, dilapidated and obsolete public and private improvements; • A faulty lot layout in relation to the size, adequacy and usefulness of the lots; • Fragmented property ownership patterns; • A lack of public utilities; and • An inadequate street layout. The Council has declared by Resolution of Necessity No. on September 8, 2009 that these factors have substantially impaired and arrested the sound growth of the City of Dubuque and of the area comprising the District. C. OBJECTIVES OF THE PLAN The primary OBJECTIVES of the Plan are: 1. The creation of a thriving central business and riverfront district with a compatible mix of viable commercial/retail, office, financial, residential, cultural, recreational and educational activities; 2. The development of an adequate support system and public infrastructure for new and expanding river-related tourism activities; 3. The conservation, restoration, renovation or rehabilitation of the historic and architectural character of the District through the renovation and rehabilitation of historic buildings, the establishment of design standards to ensure cohesive and compatible development and redevelopment, the use of appropriate construction techniques, the coordinated administration of appropriate code enforcement efforts and the maximization of all available financial and technical resources; 4. The creation of a safe, healthy and attractive physical environment through the construction or installation of necessary infrastructure and other public improvements or actions supportive of the District; 5. The creation of a safe, efficient, and attractive circulation system for both pedestrian and vehicular traffic; 6. The development of additional and improved parking opportunities in the District supportive of the businesses and attractions located within its boundaries and which accommodate the needs of its residents, employees and visitors; 7. The creation of financial incentives necessary to encourage private investment and reinvestment in the District; 8. The creation and retention of quality employment opportunities in the District; and 9. The expansion of the existing property tax base of the District. D. DISTRICT BOUNDARIES The District is located within the City of Dubuque, County of Dubuque, State of Iowa. The District includes nine separate subareas that have resulted from prior urban 4 renewal plans and expansions of the same within the District: the Town Clock Subarea, the Old Main Subarea, the Upper Main Subarea, the Ice Harbor Subarea A, Ice Harbor Subarea B, Ice Harbor Subarea C, Warehouse Subarea, South Main Subarea, the South Port Subarea, and the Cable Car Subarea. Despite this subdivision of the District, this Plan shall be viewed as a single plan and shall be applied to all subareas for purposes of fulfilling the objectives of the Plan. The boundaries of each subarea are as follows: 1. The Town Clock Subarea of the District shall include that area generally bounded on the North by Ninth Street (but also including the Iowa Inn property and the public parking lot known as Parking Lot Number 1 located between 9th and 10th Streets east of Iowa Street), on the West by Locust Street but including City Lots 623 and 624 (Dubuque Museum of Art), the Locust Street Parking Ramp between 8th and 9th Streets, and the former U.S. Federal Building located on the City Lots 139, 140, 101, & 102, & N 54'6" OF CITY LOTS 103 & 138, on the South by Fourth Street, and on the East by Central Avenue, including all public rights-of-way. 2. The Old Main Subarea of the District shall include that area generally bounded on the North by Fourth Street, on the West by Locust Street, on the South by the Locust Street Connector and on the East by the U.S. Highway 151/61 right-of-way, including all public rights-of-way. 3. The Upper Main Subarea of the District shall include that area generally bounded on the North by Fourteenth Street, on the West by Locust Street but including City Lots658A, 659, 660, and the balance of City Lots 658 (Carnegie-Stout Public Library), on the South by the northerly boundary of the Town Clock Subarea and on the East by Central Avenue, and including all public rights-of-way. 4. Ice Harbor Subarea A of the District shall include that area generally bounded on the north by the public alley located between the vacated Fourth Street and Third Street, on the west by the Chicago, Central and Pacific Railroad right-of-way, on the south by East First Street and on the east by the municipal limits of the City of Dubuque, Iowa and including any adjoining public right-of-way. 5. Ice Harbor Subarea B of the District shall include that area generally bounded on the north and west by the Chicago, Central and Pacific Railroad right-of-way, on the south by the northerly boundary of Subarea A and on the east by the municipal limits of the City of Dubuque including any adjoining public right-of-way. 6. Ice Harbor Subarea C of the District shall include Lot 1 in Adams Company's 2nd Addition, in the City of Dubuque, Iowa including any adjoining public right-of-way. 7. Warehouse Subarea of the District shall include that area generally bounded by the following description: Commencing as a point of reference at the intersection of the centerlines of 11th Street and Central Avenue in the City of Dubuque, Dubuque County, Iowa, said point being the point of beginning; Thence northeasterly along the centerline of 11th Street to a point of intersection with the centerline of White Street; Thence northwesterly along the centerline of White Street to a point of intersection with the centerline of 12th Street; Thence northeasterly along the centerline of 12th Street and extension thereof to a point of intersection with the centerline of US Highways 151 and 61; Thence southwesterly along the centerline of US Highways 151 and 61 to a point of intersection with the centerline of 4th Street extended; Thence southwesterly along the centerline of 4th Street and extension thereof to a point of intersection with the centerline of Central Avenue; Thence northwesterly along the centerline of Central Avenue to a point of intersection with the centerline of 9th Street; Thence southwesterly along the centerline of 9th Street to a point of intersection with the westerly line of City Lot 259 extended southerly; Thence northwesterly along the westerly line of City Lot 259, and Lots 1 and 2 of the Subdivision of the South '/2 of City Lot 261 and City Lot 260 to the southwest corner of the N '/z of City Lot 261; Thence northeasterly along the southerly line of the N '/z of City Lot 261 and extension thereof to a point of intersection with the centerline of Central Avenue; Thence northwesterly along the centerline of Central Avenue to a point of intersection of 11th Street also being point of beginning. 8. South Main Subarea of the District shall include that area generally bounded by the following description: Commencing as a point of reference at a point of intersection of the centerline of Locust Street with the Locust Street Connector in the City of Dubuque, Dubuque County, Iowa, said point being the point of beginning; Thence northeasterly along the centerline of the Locust Street Connector to a point of intersection with the centerline of US Highways 52, 61, and 151; Thence southeasterly along the centerline of US Highways 52, 61, and 151 to a point of intersection with the centerline of the eastern section of Jones Street extended southwesterly; Thence southwesterly along said extension of the centerline of the eastern section of Jones Street to a point of intersection with the centerline of Main Street; Thence northwesterly along the centerline of Main Street to a point of intersection with the centerline of Jones Street; Thence northwesterly along the centerline of Jones Street to a point of intersection with the easterly line of Lot 2D of vacated Shields Street extended northerly; Thence southeasterly along the easterly line of Lot 2D of vacated Shields Street to the southeasterly corner of said Lot 2D; Thence southwesterly along the southerly lines of Lot A and Lot 2D of vacated Shields Street and Lot 1 of 2 of City Lot 543 extended westerly to a point of intersection with the centerline of Locust Street; Thence northeasterly along the centerline of Locust Street to a point of intersection with the centerline of the Second Street Connector, also being the point of beginning. 9. South Port Subarea of the District shall include that area generally bounded by the following description: Beginning at a point of reference at the northwest corner of lot 2AA of Cooper Wagon Works Block in the City of Dubuque, Dubuque County Iowa, said pint being on the southerly right of way line of East First Street; Thence southeasterly along the southerly right of line of East First Street and extension thereof to the municipal limits of the City of Dubuque; Thence southerly along said municipal limits to a point of intersection with the southern right of way line of Railroad Ave. extended easterly; Thence southwesterly along said right of way line extension there to 6 the southeast corner of lot A, Block 15 Dubuque Harbor Company's Addition; Thence northwesterly along the easterly line of said Lot A to the northerly right of way line of Railroad Ave., and south line of lot 1 of 5 of Block 27 Dubuque Harbor Company's Addition; Thence northwesterly along the westerly lines of lots 1 of 5, 1 of 4, 1 of 3, 1 of 2 and 1 of 1 of said Block 27 to the south line of lot 4A of said Block 17; Thence westerly to the easterly right of way line of vacated Water Street; Thence northwesterly along said easterly line to the southwesterly corner of lot 2 of said Block 17; Thence westerly along the extension of the southerly line of said Lot 2 to the westerly line of Vacated Water Street; Thence southeasterly along said westerly right of way line to the southerly corner of lot 2 of Block 18 of Dubuque Harbor Company's Addition; Thence northwesterly along the westerly line of said lot 2 to a point of intersection with the southerly right of way line of vacated Charter St; Thence southwesterly along said right of way line and extension thereof the centerline of South Main Street; Thence northwesterly along said centerline to the northerly line of lot 5, Block 13 Dubuque Harbor Company's Addition extended northeasterly; Thence southwesterly along said line to the easterly line of lots 7 and 8 of said Block 13; Thence southeasterly along the easterly lines of said lots 7 & 8 and extension thereof to the centerline of Charter Street; Thence southwesterly along said centerline to the centerline of Salina Street; Thence northwesterly along said centerline to the northerly line of lot 1 of 3 of Block C of Industrial Sub. No. 1 extended northeasterly; Thence southwesterly along the northerly lines of said lot 1 of 3 and Lot 2 of said Block C extended to the westerly right of way line of Harrison St.; Thence northerly along the easterly line of the West Part of Lot 1 of 1 of 1 of 1 of P.J. Seippel Lumber Company Place; Thence westerly along the southerly lines of lots 1 of 1 of 2 of 1 and Lot 2 of 1 of 2 of 1 and extension thereof to the centerline of relocated South Locust St; Thence northerly along said centerline to the centerline of Dodge St; Thence easterly along said centerline of Dodge Street to a point of intersection with the westerly line of Lot E of vacated Shields Street extended southerly; Thence northerly along said westerly line to the northwest corner of said lot E; Thence easterly along the north line of said lot E and Lot 6 Block 11 of Dubuque Harbor Company's Addition and extension thereof to the centerline of Main Street; Thence southeasterly along the centerline of Main St. to the centerline of Dodge Street; Thence easterly along the centerline of Dodge St to the intersection of Highway 61/151; Thence northwesterly along said centerline to a point of intersection with the southerly right of way line of East First Street; Thence southeasterly along said right of way line to the point of beginning. 9. Cable Car Subarea of the District shall include that area generally bounded by the following description: Commencing as a point of reference at the intersection of the centerlines of Second Street and Locust Street in the City of Dubuque, Dubuque County, Iowa, said point being the point of beginning; Thence southeasterly along the centerline of Locust Street to a point of intersection with the centerline of First Street; Thence southwesterly along the centerline of First Street to a point of intersection with the centerline of Bluff Street; Thence northwesterly along the centerline of Bluff Street to a point of intersection with the centerline of Emmett Street; Thence southwesterly along the centerline of Emmett Street to a point of intersection with the centerline of St. Mary's Street; Thence northwesterly along the centerline of St. 7 Mary's Street and to a point of intersection with the northerly line of Cathedral Center extended southwesterly; Thence northeasterly along the northerly line of Cathedral Center to a point of intersection with the westerly right of way line of Bluff Street; Thence northwesterly along said westerly right of way line of Bluff Street and extension thereof to a point of intersection with the centerline of Third Street; Thence southwesterly along the centerline of Third Street to a point of intersection with the westerly line of Lot 1 of the East 78 ft. of the South 100 ft. of Lot 4 of City Lot 692 extended southerly; Thence northwesterly along said westerly line to a point of intersection with the southerly line of Fenelon Point Subdivision; Thence northeasterly along said southerly line to a point of intersection with the westerly line of Lot 2 of 2 of City Lot 692;Thence northwesterly along said westerly line and westerly line of Lot 1 of 2 of City Lot 692 to a point of intersection with the southerly right of way line of W. Fourth Street; Thence northeasterly across W. Fourth Street to the southwest corner of Lot 1 of Evan's Place, said point also being on the northerly right of way line of W. Fourth Street; Thence northwesterly along the west line of said Lot 1 to the southeast corner of Lot 34 of Cooper Heights Addition; Thence continuing northwesterly along the easterly line of Lots 34, 35, 36 and 37 of Cooper Heights Addition to a point of intersection with the southerly right of way line of W. Fifth Street; Thence northeasterly to a point of intersection in the centerline of W. Fifth Street approximately 270 feet southwesterly of the centerline of Bluff Street; Thence northwesterly along the centerline of W. Fifth Street to a point of intersection with the southerly line of Coriell's Dubuque also being the northerly right of way line of W. Fifth Street; Thence northeasterly along said right of way line of W. Fifth St. to the southwest corner of Lot 1 of City Lot 690;Thence northwesterly along the westerly line of said Lot 1 to the northwest corner of said Lot 1;Thence northeasterly along the northerly line of said Lot 1 to the northeast corner of said Lot 1;Thence southeasterly along the easterly line of said Lot 1 to a point of intersection with the northerly line of the south 62.5 ft. of the north 64 ft. of City lot 617;Thence northeasterly along said northerly line and extension thereof to a point of intersection with the centerline of Bluff Street; Thence southeasterly along the centerline of Bluff Street to a point of intersection with the northerly line of the south 10 ft. of City Lot 138 extended southwesterly; Thence northeasterly along said northerly line and northerly line of the south 10 ft. of the south 34.6 ft. of City Lot 103 and extension thereof to a point of intersection with the centerline of Locust Street; Thence southeasterly along the centerline of Locust Street to a point of intersection with the centerline of Second Street, said point being the point of beginning. The boundaries of the District and the subareas are delineated on the URBAN RENEWAL DISTRICT map (Attachment A; on file at the Dubuque City Clerks Office). The City of Dubuque reserves the right to modify the boundaries of the District at some future date. Any amendments to the Plan will be completed in accordance with Chapter 403 of the Iowa Code, Urban Renewal Law. E. PUBLIC PURPOSE ACTIVITIES 8 To meet the OBJECTIVES of this Plan, the City of Dubuque is prepared to initiate and support development and redevelopment of the District through the following PUBLIC PURPOSE ACTIVITIES: 1. Pre-development planning, including but not limited to activities such as appraisals, architectural and engineering studies, environmental assessment and remediation, and feasibility analysis; 2. Provision of technical support to property owners, businesses and organizations in support and furtherance of the Plan; 3. Use of tax increment financing, loans, grants and other appropriate financial tools in support of eligible public and private conservation, preservation, development and redevelopment efforts including the adaptive re-use of existing structures and code compliance; 4. Preparation of property for conservation, preservation, rehabilitation, development and redevelopment purposes; 5. Development and implementation of a program for the repair, restoration, and renovation of historic buildings and related improvements, and the rehabilitation, restoration, and renovation of historic buildings for public and governmental uses, including the Carnegie Stout Public Library, the former U.S. Federal Building, and the former Kephardt's Building; 6. Improvement, installation, construction and reconstruction of public facilities and improvements including but not limited to structured parking facilities, other parking facilities, streets, alleys, utilities, convention facilities, Riverwalk and Harborwalk improvements and amenities, boat docks, dredging and other river-related improvements; 7. Improvement, installation, construction and reconstruction of other public improvements including but not limited to the relocation of overhead utility lines, installation of street lights, construction of public rest rooms and water fountains, installation of benches and other streetscape amenities, landscaping and signage; 8. Acquisition of property through negotiation or eminent domain for public improvements or private development and redevelopment purposes; 9. Disposition of land through sale or lease; 10. Relocation or elimination of existing private improvements; 11. Relocation or elimination of existing railroad spur lines; 12. Demolition and clearance of deteriorated, obsolescent and blighting structures 9 and other improvements not found to be of historical or architectural significance, including but not limited to site preparation for redevelopment purposes; and 13. Enforcement of applicable local, state and federal laws, codes and regulations. Public purpose activities are limited to those areas delineated on the PUBLIC PURPOSE ACTIVITY AREA map (Attachment B; on file at the Dubuque City Clerks Office). All public purpose activities shall be conditioned upon and shall meet the restrictions and limitations placed upon the District by the Plan. F. DEVELOPMENT AND REDEVELOPMENT REQUIREMENTS The LAND USE and PLANNING AND DESIGN CRITERIA set forth herein shall apply to any and all District properties the preservation, conservation, development and/or the redevelopment of which is assisted by the City through any of the PUBLIC PURPOSE ACTIVITIES listed above. 1. LAND USE: a. Town Clock Subarea: The intent of this Plan is to promote the preservation, conservation, development and redevelopment of a functional, attractively developed environment to further existing office, financial, commercial/retail, cultural, educational, personal and professional services and residential activities within the Town Clock Subarea. The continued development and enhancement of those land uses permitted within the Downtown Commercial Business District (C-4), the Business District (C-5) and the Office Residential (OR) zones of the City of Dubuque's Zoning Ordinance are encouraged. LAND USE maps (Attachments C-1 and C-2; on file at the Dubuque City Clerks Office) identify the existing and the proposed land uses within the Town Clock Subarea. b. Old Main Subarea: The intent of this Plan is to promote private investment and reinvestment in a variety of commercial/retail, entertainment and residential uses while furthering existing commercial/retail, personal and professional services, entertainment and residential activities within the Old Main Subarea. The continued development and enhancement of those land uses permitted within the Downtown Commercial Business District (C-4) and Business District (C-5) zones of the City of Dubuque's Zoning Ordinance are encouraged. LAND USE maps (Attachments C-3 and C-4; on file at the Dubuque City Clerks Office) identify the existing and the proposed land uses within the Old Main Subarea. 10 c. Upper Main Subarea: The intent of this Plan is to promote the preservation, conservation, development and redevelopment of this downtown neighborhood of residential, office and commercial/retail uses. The continued development and enhancement of those land uses permitted within the Downtown Commercial Business District (C-4), the Business District (C-5), the Office Residential (OR) and Office Service (OS) zones of the City of Dubuque's Zoning Ordinance are encouraged. LAND USE maps (Attachments C-5 and C-6; on file at the Dubuque City Clerks Office) identify the existing and the proposed land uses within the Upper Main Subarea. d. Ice Harbor Subareas A, B, and C: The intent of this plan is to encourage a mix of residential, commercial/retail, recreational and educational uses in these Subareas. An adopted Planned Unit Development ordinance shall regulate land uses and zoning in the Ice Harbor Subareas A, B and C. LAND USE maps (Attachments C-7 and C-8; on file at the Dubuque City Clerks Office) identify the existing and the proposed land uses within the Ice Harbor Subareas A, B, and C. e. Warehouse Subarea: The intent of this Plan is to promote the preservation, conservation, development and redevelopment of this downtown neighborhood of residential, office and commercial/retail uses. LAND USE maps (Attachments C-9 and C-10; on file at the Dubuque City Clerks Office) identify the existing and the proposed land uses within the Warehouse Subarea. f. South Main Subarea: The intent of this Plan is to promote the preservation, conservation, development and redevelopment of this downtown neighborhood of residential, office and commercial/retail uses. LAND USE maps (Attachments C-11 and C-12; on file at the Dubuque City Clerks Office) identify the existing and the proposed land uses within the South Main Subarea. g. South Port Subarea: The intent of this plan is to encourage a mix of residential, commercial/retail, recreational and educational uses in this Subarea. An adopted Planned Unit Development ordinance shall regulate land uses and zoning in a portion of the Subarea. LAND USE maps (Attachments C-13 and C-14; on file at the Dubuque City Clerks Office) identify the existing and the proposed land uses within the South Port Subarea. h. Cable Car Subarea: The intent of this Plan is to promote the preservation, conservation, development and redevelopment of this downtown neighborhood of ~l residential, office and commercial/retail uses. LAND USE maps (Attachments C-15 and C-16; on file at the Dubuque City Clerks Office) identify the existing and the proposed land uses within the Cable Car Subarea. 2. PLANNING AND DESIGN CRITERIA: a. Town Clock, Old Main, Upper Main,Warehouse, South Main, and Cable Car Subareas: The planning and design criteria to be used to guide the physical development and redevelopment of the Town Clock, Old Main, Upper Main, Warehouse, and South Main Subareas are those standards and guidelines contained within the City of Dubuque's Zoning Ordinance and other applicable local, state and federal codes and ordinances subject to the conditions contained in this subsection. b. Ice Harbor Subareas A. B, C and South Port: The planning and design criteria to be used to guide the physical development and redevelopment of the Ice Harbor Subareas A, B, C and South Port shall be the Port of Dubuque Master Plan Design Standards attached hereto as Attachment D, which is on file at the Dubuque City Clerks Office. c. Historic Preservation Commission Review: Additionally, the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Structures shall be used to guide the exterior modifications of historic and architecturally significant properties financed in whole or in part by the City of Dubuque and the improvement, installation, construction or reconstruction of public improvements in the District. Said projects shall be reviewed by the Historic Preservation Commission for compliance with the above referenced standards. d. Off-Premise Signage: No off-premise signage shall be allowed in the Ice Harbor Subareas A and B. e. Overhead Utility Lines: No new overhead utility lines shall be installed within the District where underground placement is feasible. G. LAND ACQUISITION AND DISPOSITION The City of Dubuque is prepared to acquire and dispose of property in support of the development and redevelopment of the District within the parameters set forth below. 1. Land Acquisition: The City may acquire property for private development or redevelopment by contractual agreement or by right of eminent domain. The City reserves the right to acquire, by negotiation or eminent domain, property rights required for the construction or reconstruction of streets and public utilities, or any other public facility or improvement. No properties are identified for acquisition in this Plan. 2. Land Disposition: Publicly held land will be sold for the development of viable 12 uses consistent with this Plan, and not for purposes of speculation. Land will be disposed of in accordance with the requirements set forth in Chapter 403 of the Iowa Code, Urban Renewal Law. Developers and redevelopers will be selected on the basis of the quality of their proposals and their ability to carry out such proposals while complying with the requirements of this Plan. Developers and redevelopers will be required by contractual agreement to observe the Land Use Requirements and Planning and Design Criteria of this Plan. The contract and other disposition documents will set forth the provisions, standards and criteria for achieving the objectives and requirements outlined in this Plan. H. RELOCATION REQUIREMENTS Relocation assistance in accordance with applicable provisions of Chapter 316 of the Iowa Code, Highway Relocation Assistance Law, will be provided in the event that an existing business or residence is displaced by publicly supported development or redevelopment activities. I. FINANCING ACTIVITIES To meet the OBJECTIVES of this Plan and to encourage the development and redevelopment of the District and private investment therein, the City of Dubuque is prepared to provide financial assistance to qualified industries, businesses and housing developers through the making of loans or grants under Chapter 15A of the Iowa Code and through the use of tax increment financing under Chapter 403 of the Iowa Code. 1. Chapter 15A Loan or Grant: The City of Dubuque has determined that the making of loans or grants of public funds to qualified industries, businesses and housing developers is necessary to aid in the planning, undertaking and completion of urban renewal projects authorized under this Plan within the meaning of Section 384.24(3)(q) of the Iowa Code. Accordingly, in furtherance of the objectives of this Plan, the City of Dubuque may determine to issue bonds or loan agreements, in reliance upon the authority of Section 384.24A, Section 384.24(3)(q), Section 403.12 (general obligation bonds) or Section 403.9 (tax increment bonds), for the purpose of making loans or grants of public funds to qualified entities. Alternatively, the City may determine to use available funds for the making of such loans or grants. In determining qualifications of recipients and whether to make any such individual loans or grants, the City of Dubuque shall consider one or more of the factors set forth in Section 15A.1 of the Iowa Code on a case-by-case basis. 2. Tax Increment Financing: The City of Dubuque is prepared to utilize tax increment financing as a means of financing eligible costs incurred to implement the Public Purpose Activities identified in Section E of this Plan. Bonds or loan agreements may be issued by the City under the authority of Section 403.9 of the Iowa Code (tax increment bonds) or Section 384.24A, Section 384.24(3)(q) and Section 403.12 13 (general obligation bonds). The City acknowledges that the use of tax increment revenues delays the ability of other local taxing bodies to realize immediately the direct tax benefits of new development in the District. The City believes, however, that the use of tax increment revenues to finance the public improvements and to promote private investment in the District is necessary in the public interest to achieve the OBJECTIVES of this Plan. Without the use of this special financing tool, new investment may not otherwise occur or may occur within another jurisdiction. If new development does not take place in Dubuque, property values could stagnate and the City, County and School District may receive less taxes during the duration of this Plan than they would have if this Plan were not implemented. Tax increment financing will provide along-term payback in overall increased tax base for the City, County and School District. The initial public investment required to generate new private investment will ultimately increase the taxable value of the District well beyond its existing base value. Tax increment reimbursement may be sought any of the eligible costs incurred by the City in connection with any of the Public Purpose Activities described in Section E of this Plan, including but not limited to the following: a. Planning and administration of the Plan; b. Construction of any of the public improvements, amenities and facilities described in Section E of this Plan or otherwise contemplated by the Plan within the District, including pre-development planning, environmental assessment and remediation, feasibility analysis and engineering costs; c. Acquisition, installation, maintenance and replacement of public improvements throughout the District including but not limited to street lights, benches, landscaping, appropriate signage and rest rooms; d. Acquisition of land and/or buildings and preparation of same for sale to private developers, including any "write down" of the sale price of the land and/or building; e. Preservation, conservation, development or redevelopment of buildings or facilities within the District to be sold or leased to qualifying for-profit and not-for-profit organizations, developers and businesses; f. Loans or grants to qualified entities under Chapter 15A of the Iowa Code, including debt service payments on any bonds issued to finance such loans or grants, for purposes of expanding the business or activity, or other qualifying loan programs established in support of the Plan; and g. Providing the matching share for a variety of local, state and federal grants and 14 loans. 3. Proposed Amount of Indebtedness: At this time, the extent of improvements and new development within the District is only generally known. As such, the amount and duration for use of the tax increment revenues for public improvements and/or private development can only be estimated; however, the actual use and amount of tax increment revenues to be used by the City for District activities will be determined at the time specific development is proposed. It is anticipated that the maximum amount of indebtedness which will qualify for tax increment revenue reimbursement during the duration of this Plan, including acquisition, public improvements and private development assistance, will not exceed $100,000,000. At the time of adoption of this Plan, the City of Dubuque's current general obligation debt is $86,192,833 (a list of obligations is found as Attachment E; on file at the Dubuque City Clerks Office) and the applicable constitutional debt limit is $167,112,486. J. STATE AND LOCAL REQUIREMENTS All provisions necessary to conform with state and local laws have been complied with by the City of Dubuque in the implementation of this Plan and its supporting documents. K. DURATION OF APPROVED URBAN RENEWAL PLAN This Plan shall continue in effect until terminated by action of the City Council, but in no event before the City of Dubuque has received full reimbursement from all incremental taxes for its advances and principal and interest payable on all Tax Increment Financing or general obligations issued to carry out the OBJECTIVES of the Plan. The DEVELOPMENT AND REDEVELOPMENT REQUIREMENTS established, or as amended from time to time by the City of Dubuque Zoning Ordinance, shall remain in effect in perpetuity. L. SEVERABILITY In the event one or more provisions contained in this Plan shall be held for any reason to be invalid, illegal, unauthorized or unenforceable in any respect, such invalidity, illegality, unauthorization or unenforceability shall not affect any other provision of this Plan and this Plan shall be construed and implemented as if such provision had never been contained herein. M. AMENDMENT OF APPROVED URBAN RENEWAL PLAN This Plan may be amended from time to time to respond to development opportunities. 15 Any such amendment shall conform to the requirements of Chapter 403 of the Iowa Code, Urban Renewal Law. Any change effecting any property or contractual right can be effectuated only in accordance with applicable state and local law. N. ATTACHMENTS The following attachments are a part of this Plan and are on file at the Dubuque City Clerks Office: A Urban Renewal District Map, with Subareas B Public Activity Area Map C Land Use Maps C-1 Town Clock Subarea Existing Land Use Map C-2 Town Clock Subarea Proposed Land Use Map C-3 Old Main Subarea Existing Land Use Map C-4 Old Main Subarea Proposed Land Use Map C-5 Upper Main Subarea Existing Land Use Map C-6 Upper Main Subarea Proposed Land Use Map C-7 Ice Harbor Subareas Existing Land Use Map C-8 Ice Harbor Subareas Proposed Land Use Map C-9 Warehouse Subarea Existing Land Use Map C-10 Warehouse Subarea Proposed Land Use Map C-11 South Main Subarea Existing Land Use Map C-12 South Main Subarea Proposed Land Use Map C-13 South Port Subarea Existing Land Use Map C-14 South Port Subarea Proposed Land Use Map C-15 Cable Car Subarea Existing Land Use Map C-16 Cable Car Subarea Proposed Land Use Map D Port of Dubuque Master Plan Design Standards E List of Current General Obligation Debt F:\USERS\Econ Dev\Urban Renewal\Greater Downtown UR District\2009.1 Amendment\2009.1 Greater Downtown Urban Renewal Plan.docx 16