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Demolition District Process Est Planrung Services Department City Hall 50 West 13th Street Dubuque, Iowa 52001-4864 (563) 589-4210 office (563) 589-4221 fax (563) 690-6678 roD p lannin g@cityofdubuque.org D~~WuE ~c/d¿~ May 27, 2004 ?2 The Honorable Mayor and City Council City of Dubuque 50 W.13th Street Dubuque, IA 52001 § --r:J f-J SUBJECT: Process for Establishing Demolition Districts ,-', 5~ è6 ~ Dear Mayor and City Council Members: '..0 Introduction The Historic Preservation Commission (HPC) is requesting that the City Council provide further direction on the Council's desired process for establishing Demolition Districts. What is a Demolition District? A demolition district is an area of the city composed of structures that have historical or architectural value. In demolition districts, the Building Official cannot issue demolition permits without approval by the City Council. The City Council has created 8 demolition districts to help protect architecturally and historically significant structures from being demolished (see enclosed map). When were they formed? The City Council established the first demolition districts in 1975. The demolition districts were created as an interim ordinance until a Historic Preservation Ordinance could be drafted. A Historic Preservation Ordinance was adopted by the City Council in 1977 and a Historic Preservation Commission was established in 1979. How is a Demolition District different from a Historic Preservation District? In Historic Preservation Districts, the City Council has given the HPC the responsibility to regulate exterior changes being made to structures located in these districts. The HPC does not regulate interior changes. In the Demolition Districts, the HPC does not review any interior or exterior changes to buildings. The HPC does not review upgrades and investments to facilities, equipment, or infrastructure in these districts. The City Council has given the HPC the responsibility to review only demolition requests in the Demolition Districts. The HPC serves in an advisory role to the City Council, providing a recommendation for approval or denial of a demolition request. Sen'ke People Integrity R"poĊ“ibility hmovation Teamwock Process for Establishing Demolition Districts Page 2 What criteria does the HPC use for demolition requests in Demolition Districts? When reviewing requests for demolition permits in the Demolition Districts, the HPC must, by City Code, make a determination as to the following: (1) Whether the building proposed for demolition has historic or architectural significance to the community; and (2) Whether denial of the proposed demolition permit would prevent the property owner from earning a reasonable economic return on the property. If the HPC finds that denial of the application would prevent the property owner from earning a reasonable economic return on the property, or that the building does not have any historical or architectural significance to the community, the Commission must, by City Code, recommend approval of the application. If the HPC finds that denial of the application would not prevent the property owner from earning a reasonable economic return on the property and that the building has historical or architectural significance to the community, the Commission must, by City Code, recommend denial of the permit application. When did the HPC become involved in Demolition Districts? The City Council amended the Demolition District regulations in 2000 to add review by the HPC. Prior to this amendment, the City Council had 90 days to review the building's architectural and historical significance, and then authorize or deny the request. What was the process for establishing the existing Demolition Districts? The 8 existing demolition districts were established at the initiative of the City Council. Notices were not sent to property owners. No public input was sought. The last demolition district established was for the Downtown Neighborhood in 2001. This demolition district is the largest in land area. It was established at the initiative of the City Council without public input or economic analysis. What is the current process for establishing Demolition Districts? In 2002, the City Council directed the Historic Preservation Commission to seek public input from the owners of property in proposed Demolition Districts. The Historic Preservation Commission has held public meetings to discuss two proposed Demolition Districts. The owners of property in the proposed districts were notified in writing of the meetings and encouraged to attend, ask questions, and provide input. They were provided with information about demolition districts and historic districts. One of these proposed districts, the Warehouse Demolition District, was initiated by the Historic Preservation Commission based on results of an architectural and historical survey of the area. In 2003, the City Council directed the HPC to obtain an economic analysis of the proposed district. This was done as part of the Downtown Master Plan. Process for Establishing Demolition Districts Page 3 The second proposal, the Grandview Avenue Parkway Demolition District, was initiated by a petition submitted to the HPC by two property owners in the proposed district. What is the desired process for establishing Demolition Districts? With the differing directions and reactions of the City Council for the Commission- initiated proposal for a Warehouse Demolition District and the privately-initiated Grandview Avenue Parkway Demolition District proposal, the HPC is unclear as to what process the City Council would like to follow for establishing Demolition Districts. One option would be to go back to the process used for the establishment of the 8 existing Demolition Districts, in which new districts are established at the City Council's initiative without public notice to property owners and without public input. A second option would be to have all proposals and/or petitions for establishing new Demolition Districts submitted to the Council, and then the Council could decide whether or not to refer the 'requests to the HPC for a recommendation. Recommendation The Historic Preservation Commission respectfully requests that the City Council establish the process for creating Demolition Districts. Sincerely, ~Çldlt? Christopher Wand, Chairperson Historic Preservation Commission