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Demolition District amendments PlalU1ing Services Department City Hall 50 West 13th Street Dubuque, Iowa 52001-4864 (563) 589-4210 office (563) 589-4221 fax (563) 690-6678 TDD P lanning@cityofdubuque. 0 rg www.cityofdubuque.org '.; ,. THE CITY OF Çi:~, /, DuBùQuE ~ck~ .> July 23, 2004 The Honorable Mayor and City Council City of Dubuque 50 W.13th Street Dubuque, IA 52001 RE: Proposed Amendment to Demolition District Regulations Dear Mayor and City Council Members: INTRODUCTION The Historic Preservation Commission (HPC) is requesting that the City Council approve the proposed amendments to the Demolition District regulations. The first attachment shows the new language in bold with deleted language is crossed out. The second attachment is the regulations with the amendments included. BACKGROUND The Demolition Districts were created to help protect architecturally and historically significant structures from being demolished. The Building Official cannot issue demolition permits in these areas without review by the HPC and final approval by the City Council. Structures located in these demolition districts are not subject to a design review by the HPC. The property owner may make exterior alterations to the structure. As a result of public input received during the HPC's public meetings on the proposed Warehouse Demolition District and the proposed Grandview Avenue Demolition District, the HPC discussed potential revisions to the Demolition District regulations. DISCUSSION The proposed changes to the Demolition District regulations are discussed below: Name of District The name of the Demolition District is confusing at times, because it seems to imply that the area is slated for demolition when actually the intent is to conserve existing building stock and find alternatives to demolition. The names of other districts indicate what their intent is: zoning district, historic preservation district, urban revitalization district, etc. A change in the name of the districts to "Conservation Districts" is proposed. Service People Integrity Resp°",ibilHy Innovation Teamwork Proposed Amendment to Demolition District Regulations July 23, 2004 Page 2 Dwelling Units The Community Development Advisory Commission (CDAC) has suggested changes to the Demolition District regulations, which would provide for notification and comment by the Housing and Community Development Department on demolition requests affecting buildings with dwelling units. The HPC concurs with these changes. A letter of support from the CDAC is attached. Financial Information Concerns were expressed at the HPC's public meetings for the Warehouse and Grandview Avenue Demolition Districts about the extent and nature of the financial information required to be submitted to document economic non-viability of the building proposed for demolition. When the Demolition District regulations were revised in 2000, the same financial information for economic non-viability that is applied in the Historic Preservation Districts was used for the Demolition Districts. Since the purposes of the Historic Preservation Districts and the Demolition Districts are different, it seems reasonable that the financial information could be different. Comments were received from staff in the Economic Development Department, Legal Department, and Housing and Community Development Department on what financial information they believe is necessary, what changes they would make, and what they feel could be dropped from this list. RECOMMENDATION By a vote of 5 to 0, the HPC Commission respectfully requests that the City Council adopt the proposed amendments to the Demolition District regulations. Sincerely, A/~ David Stuart, Chairperson Historic Preservation Commission Attachments cc: Michael Van Milligen, City Manager Barry Lindahl, Corporation Counsel Laura Carstens, Planning Services Manager Rich Russell, Building Services Manager David Harris, Housing & Community Development Director H&CD Housing and Community Development Department 1805 Central Avenue Dubuque, Iowa 52001-3656 (563) 589-4212 office (563) 589-4203 fax akrame'@dtyofdubuque.org D~- ~ck~- May 13, 2004 Historic Preservation Commission City of Dubuque 50 West 13th Street Dubuque, IA 52001 RE: Demolition Districts This letter reports the comments of the Community Development Advisory Commission on the proposed revisions to the Demolition District regulations. The Commission discussed the revision at their meetings on Wednesday April 14th and May 1ih. The Commission voted to support the proposed revisions to the Demolition District regulations that provide the Housing and Community Development Department the opportunity to comment on any demolition request in a demolition district that involves dwelling units. This information would be provided to the Historic Preservation Commission, including strategies, which would allow the property owner to earn a reasonable economic return on their property. They recommend your approval of the proposed revisions. Respectfully submitted, J~ ~ c;#¡all1t( Paula Maloy SVM, Chairperson Community Development Advisory .commission cc: Michael Van Milligen, City Manager David Harris, Housing and Community Development Laura Carstens, Planning Services Manager Service People Integrity RespD"'lbllity Innovation Teamwork ATTACHMENT 1: PROPOSED AMENDMENTS DEMOLITION PERMITS IN DEMOLITION CONSERVATION DISTRICTS 11-4(a) Application of Section: The provisions of this Section shall apply to all buildings located in whole or in part within the following described domelition conservation districts: (1) Fourth Street Neighborhood: Beginning at the intersection of Seventh and Bluff Streets, thence southerly along Bluff Street to its intersection with West Fifth Street; thence westerly along West Fifth Street to its intersection with the northerly extension of Raymond Street; thence southerly along Raymond Street and its northerly and southerly extensions to its intersection with West Third Street; thence easterly along West Third Street to its intersection with St. Mary's Street; thence southerly along St. Mary's Street to its intersection with Emmett Street; thence easterly along Emmett Street to its intersection with Bluff Street; thence southerly along Bluff Street to its intersection with First Street; thence easterly along First Street to its intersection with the alley between Bluff and Locust Streets; thence northerly along the alley between Bluff and Locust Streets to its intersection with West Fifth Street; thence easterly along West Fifth Street to its intersection with Locust Street; thence northerly along Locust Street to its intersection with Seventh Street; thence westerly along Seventh Street to its intersection with Bluff Street which is the point of beginning. (2) Fenelon Place Neighborhood: Beginning at the intersection of West Fifth and Burch Streets, thence southerly along Burch Street to its intersection with West Third Street; thence easterly along West Third Street to its intersection with the southerly extension of Raymond Street; thence northerly along Raymond Street and its southerly and northerly extensions to its intersection with West Fifth Street; thence westerly along West Fifth Street to its intersection with Burch Street which is the point of beginning. (3) Third Street Neighborhood: Beginning at the intersection of West Third and Hill Streets thence southwesterly along Hill Street to its intersection with Langworthy Street; thence northwesterly along Langworthy Street to its intersection with Alpine Street; thence northeasterly along Alpine Street to its intersection with West Third Street; thence northwesterly along West Third Street to its intersection with Nevada Street; thence northeasterly along Nevada Street to its intersection with West Fifth Street; thence southeasterly along West Fifth Street to its intersection with Alpine Street; thence southerly along Alpine Street to its intersection with Melrose Terrace; thence southeasterly along Melrose Terrace and its southeasterly extension to its intersection with Winona Street; thence southwesterly along Winona Street to its intersection with West Third Street; thence southeasterly along West Third Street to its intersection with Hill Street which is the point of beginning. (4) Washington Street Neighborhood: Beginning at the intersection of Sixteenth and Washington Streets thence westerly along Sixteenth Street to its intersection with Jackson Street; thence northerly along Jackson Street to its intersection with Eighteenth Street; thence westerly along Eighteenth Street to its intersection with Central Avenue; Page 1 ATTACHMENT 1: PROPOSED AMENDMENTS thence southerly along Central Avenue to its intersection with Fourteenth Street; thence easterly along Fourteenth Street to its intersection with Washington Street; thence northerly along Washington Street to its intersection with Sixteenth Street which is the point of beginning. (5) Jackson Park Neighborhood: Beginning at the intersection of Fourteenth Street and Central Avenue thence westerly along Fourteenth Street to its intersection with Iowa Street; thence southerly along Iowa Street to its intersection with Tenth Street; thence westerly along Tenth Street to its intersection with Bluff Street; thence northerly along Bluff Street to its intersection with Locust Street; thence northwesterly along Locust Street to its intersection with Ellis Street; thence northerly along Ellis Street and its northerly extension to its intersection with Clarke Drive; thence northwesterly along Clarke Drive to its intersection with Paul Street; thence northeasterly along Paul Street to its intersection with Lowell Street; thence southeasterly along Lowell Street to its intersection with North Main Street; thence southerly along North Main Street to its intersection with Clarke Drive; thence southeasterly along Clarke Drive and its southeasterly extension to its intersection with Central Avenue; thence southerly along Central Avenue to its intersection with Fourteenth Street which is the point of beginning. (6) West Eleventh Street Neighborhood: Beginning at the intersection of Ninth and Bluff Streets thence westerly along Ninth Street to its intersection with University Avenue; thence westerly along University Avenue to its intersection with Spruce Street; thence northerly along Spruce Street to its intersection with West Eleventh Street; thence westerly along West Eleventh Street to its intersection with Walnut Street; thence northerly along Walnut Street to its intersection with Loras Boulevard; thence westerly along Loras Boulevard to its intersection with Cox Street; thence northerly along Cox Street to its intersection with the westerly extension of West Sixteenth Street; thence easterly along West Sixteenth Street and its westerly extension to its intersection with Montrose Terrace; thence northerly along the northeasterly extension of Montrose Terrace to its intersection with West Locust Street; thence southeasterly along West Locust Street to its intersection with Bluff Street; thence southerly along Bluff Street to its intersection with Ninth Street which is the point of beginning. (7) Broadway Street Neighborhood: Beginning at the intersection of West Twenty-third Street and Central Avenue thence westerly along West Twenty-third Street to its intersection with Lewis Street; thence northwesterly along Lewis Street to its intersection with Fulton Street; thence northerly along Fulton Street to its intersection with King Street; thence easterly along King Street and its easterly extension to its intersection with Central Avenue; thence southerly along Central Avenue to its intersection with West Twenty-third Street which is the point of beginning. (8) Downtown Neighborhood: Beginning at the intersection of White Street and Fourteenth Street, thence southerly along White Street to its intersection with Fifth Street; thence easterly along Fifth Street to its intersection the railroad tracks; thence easterly along the railroad tracks to their intersection with the Mississippi River; thence Page 2 ATTACHMENT 1: PROPOSED AMENDMENTS southerly along the riverfront across the Ice Harbor to the eastern terminus of First Street; thence westerly along First Street to its intersection with U.S. Highway 61/151; thence southerly along U.S. Highway 61/151 to its intersection with the Locust Street Connector; thence westerly along the Locust Street Connector and across Locust Street to Jones Street; thence westerly along Jones Street to its intersection with Bissell Lane; thence northerly along Bissell Lane extended to First Street; thence westerly along First Street to its intersection with Bluff Street; thence northerly along Bluff Street to its intersection with Fifth Street; thence easterly on Fifth Street to its intersection with Locust Street; thence northerly on Locust Street to its intersection with Seventh Street; thence westerly on Seventh Street to its intersection with Bluff Street; thence southerly on Bluff Street to its intersection with Fifth Street; thence westerly along Fifth Street to the bluff line; thence northerly along the bluff line to Ninth Street; thence easterly along Ninth Street to its intersection with Bluff Street; thence northerly along Bluff Street to its intersection with Tenth Street; thence easterly along Tenth Street to its intersection with Iowa Street; thence northerly along Iowa Street to Its intersection with Fourteenth Street; thence easterly along Fourteenth Street to its intersection with White Street, which is the point of beginning. 11-4(b) Review by the Historic Preservation Commission. Upon receiving an application for a demolition permit for any building subject to this section, the building official shall immediately notify the Historic Preservation Commission of such application. If the application is for any building with one or more dwelling units, the building official shall also immediately notify the Housing and Community Development Department. The applicant shall file the information required in this section with the Historic Preservation Commission at the Office of the Planning Services Department by the application deadline established by the Commission. If the application is for any building with one or more dwelling units, the Planning Services Department shall provide the filed information to the Housing and Community Development Department. At its next regular meeting, the Commission shall recommend to the City Council approval or denial of the application, or table the application for additional information for a specified period not to exceed sixty (60) days from the date of application with the Commission. A failure of the Commission to take action on the application within the sixty (60) day period, unless the applicant requests and the Commission grants an extension of such time, shall constitute Commission approval thereof. The recommendation of the Commission shall be transmitted to the City Clerk. The City Clerk shall promptly transmit the recommendation and the application v.'ithiR the sixty (60) Etay 3eriod to the City Council for its consideration. The Commission shall review all of the information submitted by the applicant and, if the application is for any building with one or more dwelling units, all of the information submitted by the Housing and Community Development Department, and shall make a determination as to the following: Page 3 ATTACHMENT 1: PROPOSED AMENDMENTS (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 Commission 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 shall recommend approval of the application. If the Commission 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 shall recommend denial of the permit application. 11-4(c) Historic and architectural significance guidelines and review criteria. The report, "Heritage of Dubuque" dated March 1974 and filed on record on January 27,1975, shall be considered as a comprehensive study for the historical preservation of the city and as one of the guides to be considered at such time as a demolition permit is applied for in a reference demolitieA conservation district. The City of Dubuque's Historic Property Inventory and any subsequent official architectural/historical surveys/evaluations and nominations to the National Register of Historic Places prepared for any buildings located within the neighborhoods described in subsection (a) also shall be considered as guidelines at such time. In determining whether a building has historic or architectural significance, the Commission and the City Council shall consider an application for a demolition permit in accordance with the standards for review set forth in the Secretary of the Interior's Standards for Identification and Evaluation, and any subsequent revisions of these standards and guidelines by the Secretary of the Interior. The Commission and the City Council shall also consider a determination from the State Historical Society of Iowa as to the potential eligibility for listing of the building proposed for demolition on the National Register of Historic Places. 11-4(d) Economic Guidelines and Review Criteria. In determining whether to recommend approval or denial of the application, the Commission and the City Council may consider the information set forth in this subsection. The Commission and the City Council may also investigate strategies which would allow the property owner to earn a reasonable economic return on the property, may solicit expert testimony, and may require that the applicant make submissions concerning any or all of the following information: (1) Estimate of A bid from a qualified contractor showing the cost ofthe proposed demolition; Page 4 ATTACHMENT 1: PROPOSED AMENDMENTS (2) A report from a licensed engineer, Of architect or contractor with experience in rehabilitation as to the structural Gounelness integrity of any strllGtur-es ane their suita13i1ity far rehaBilitation of any structure that the applicant proposes to demolish; (3) An Estimated opinion of the market value and the appraised value of the property by a realtor or appraiser: a) in its current condition, b) after completion of the proposed demolition, afI€I c) after renovation of the existing property for continued use, and d) all appraisals obtained within the last five (5) years for the property; (4) An estimate from an architect, developer, real estate consultant, appraiser or other real estate professional experienced in rehabilitation of the cost: , as te the esenamic feasibility sf rehabilitatien er r-euse ef the existin¡¡ structure on the pr:epert>¡ a) to perform the repairs identified by the Building Services Department and the Housing and Community Development Department if the structure contains one or more dwelling units, and b) to rehabilitate the structure; (5) The amount paid for the property, the date of purchase and the person from whom the property was purchased, incluelin¡¡ a description of the relationship, if any, between the owner of record,-ef the applicant and the person from whom the property was purchased, and aAy the terms of the purchase or proposed purchase, including financing 13et\'.<een the seller aneiBuyer; (6) If the property is income producing, the annual ¡¡rOBS incame from the praperty Form 1040 Schedule E or equivalent for the previous two (2) years; (7) Itemized operating and maintenance expenses for the previous two (2) years, and the depreciation deduction and annual cash flow before and after debt service, if any, during the same period; (8) The remaining name of all mortgagees and the balance eR of aAy all mortgages or other financing secured by the property and annual debt service, if any, for the previous two (2) years; (9) .'\11 appraisals eBtaineei within the pr-e'/ious tv,'e (2) yeaFS BY the ewner or applisant in conneGtian with the purehase, financing er awneFShip af the property; (W 9) Any listing of the property for sale or rent, the price asked and offers received, if any, within the previous ~ five (5) years; (# 10) The assessed value of the property for the previous accareling to the two (2) assessment years mo£t reGent assessments; (~11) The amount of real estate taxes assessed for the previous two (2) assessment years and whether or not they have been paid; Page 5 ATTACHMENT 1: PROPOSED AMENDMENTS (13) TRG feFm ef ewner-sRil'l er e¡:¡GFatien of tile ¡:¡rol'leFly, wRather solo ¡:¡r-Gl'lrietoFSRi¡:¡, for ¡:¡r-efit or net for ¡:¡r-efit serl'leration, limited ¡:¡artnershi¡:¡, joint '¡entlJre or etRer; (4412) Any other information considered necessary by the Commission by the City Council to make a determination as to whether the property does or may yield a reasonable economic return to the property owner(s), insl¡¡àin!i B¡¡t not limiteà to the income tax bFasket ef tRG ownGr(s) or a¡:¡plisants er tRe prinsipal investeF(s) in tile PfGpe¡ty ; (4Ð 13) PJ:eef A statement of the applicant's efforts to obtain financing, tax incentives, preservation grants and other incentives sufficient to allow the applicant to earn a reasonable economic return from the property in its current condition, and after renovation of the existing property for continued use; and (46 14) A sAewi¡:¡g statement of the applicant's current efforts in ongoing maintenance and repair activities. If the application is for any building with one or more dwelling units, the Housing and Community Development Department may also make submissions concerning any or all of the above information, including strategies which would allow the property owner to earn a reasonable economic return on the property, The Commission shall consider such information. 11-4(e) Action by the City Council. At its next regular meeting following receipt ofthe recommendation of the Commission by the City Clerk, the City Council shall hold a hearing on the application for a demolition permit and shall approve, deny or withhold action on the application for a specified period not to exceed ninety (90) days from the date of application to the Building Services Department, unless the applicant requests an extension of such time. If the City Council fails to take action to approve, deny or withhold action on the application within the ninety (90) day period, or such extension as requested by the applicant, the building official shall issue the permit forthwith. The City Council may withhold action on the application to allow the City Council and the Commission an opportunity to investigate the historical or architectural value of the building to the community and to take such action as may be appropriate to encourage its preservation. However, nothing in this section shall authorize the withholding by the building official of a demolition permit for more than ninety (90) days from the date of application to the Building Services Department, unless the applicant requests an extension. At the hearing, the City Council shall consider the recommendation of the Commission, any information submitted to the Commission by the applicant, any information submitted to the City Council by the applicant, and, if the application is for any Page 6 ATTACHMENT 1: PROPOSED AMENDMENTS building with one or more dwelling units, any information submitted by the Housing and Community Development Department. If the City Council 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 City Council shall approve the application. If the City Council finds that denial of the application would not prevent the owner from earning a reasonable economic return on the property and that the building has historical or architectural significance to the community, the City Council shall deny the application. If the City Council denies the application, it shall state its findings in writing and shall transmit a copy of such findings to the applicant. Page 7 Prepared by: Laura Carstens City Planner Address: City Hall 50 W. 13th Sl. Telephone: 589-4210 ORDINANCE NO. 57-04 AN ORDINANCE AMENDING CHAPTER 11 (BUILDING REGULATIONS) OF THE CITY OF DUBUQUE CODE OF ORDINANCES REGARDING DEMOLITION DISTRICTS. Whereas, the Historic Preservation Commission has recommended amendments to Chapter 11 (Building Regulations) of the City of Dubuque Code of Ordinances regarding Demolition Districts; and Whereas, the City of Dubuque established Demolition Districts to allow for the City Council's review of demolition permits that might impact buildings of historic or architectural significance in these districts; and Whereas, the City has appointed the Historic Preservation Commission to review demolition permits in demolition districts; and Whereas, the City Council finds that the recommended amendments to Chapter 11 are consistent with the goals and objectives of the City's Comprehensive Plan and the purpose and intent of the City's Code of Ordinances. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Chapter 11 (Building Regulations) of the City of Dubuque Code of Ordinances is hereby amended by amending the following sections to read as follows: DEMOLITION PERMITS IN CONSERVATION DISTRICTS 11-4(a) Application of Section: The provisions of this Section shall apply to all buildings located in whole or in part within the following described conservation districts: (1) Fourth Street Neighbomood: Beginning at the intersection of Seventh and Bluff Streets, thence southerly along Bluff Street to its intersection with West Fifth Street; thence westerly along West Fifth Street to its intersection with the northerly extension of Raymond Street; thence southerly along Raymond Street and its northerly and southerly extensions to its intersection with West Third Street; thence easterly along West Third Street to its intersection with St. Mary's Street; thence southerly along St. Mary's Street to its intersection with Emmett Street; thence easterly along Emmett Street to its intersection with Bluff Street; thence southerly along Bluff Street to its intersection with First Street; thence easterly along First Street to its intersection with the alley between Bluff and Locust Streets; thence northerly along the alley between Demolition Districts Amendment Page 2 of 7 Bluff and Locust Streets to its intersection with West Fifth Street; thence easterly along West Fifth Street to its intersection with Locust Street; thence northerly along Locust Street to its intersection with Seventh Street; thence westerly along Seventh Street to its intersection with Bluff Street which is the point of beginning. (2) Fenelon Place Neighborf¡ood: Beginning at the intersection of West Fifth and Burch Streets, thence southerly along Burch Street to its intersection with West Third Street; thence easterly along West Third Street to its intersection with the southerly extension of Raymond Street; thence northerly along Raymond Street and its southerly and northerly extensions to its intersection with West Fifth Street; thence westerly along West Fifth Street to its intersection with Burch Street which is the point of beginning. (3) Third Street Neighborf¡ood: Beginning at the intersection of West Third and Hill Streets thence southwesterly along Hill Street to its intersection with Langworthy Street; thence northwesterly along Langworthy Street to its intersection with Alpine Street; thence northeasterly along Alpine Street to its intersection with West Third Street; thence northwesterly along West Third Street to its intersection with Nevada Street; thence northeasterly along Nevada Street to its intersection with West Fifth Street; thence southeasterly along West Fifth Street to its intersection with Alpine Street; thence southerly along Alpine Street to its intersection with Melrose Terrace; thence southeasterly along Melrose Terrace and its southeasterly extension to its intersection with Winona Street; thence southwesterly along Winona Street to its intersection with West Third Street; thence southeasterly along West Third Street to its intersection with Hill Street which is the point of beginning. (4) Washington Street Neighborf¡ood: Beginning at the intersection of Sixteenth and Washington Streets thence westerly along Sixteenth Street to its intersection with Jackson Street; thence northerly along Jackson Street to its intersection with Eighteenth Street; thence westerly along Eighteenth Street to its intersection with Central Avenue; thence southerly along Central Avenue to its intersection with Fourteenth Street; thence easterly along Fourteenth Street to its intersection with Washington Street; thence northerly along Washington Street to its intersection with Sixteenth Street which is the point of beginning. (5) Jackson Park Neighborf¡ood: Beginning at the intersection of Fourteenth Street and Central Avenue thence westerly along Fourteenth Street to its intersection with Iowa Street; thence southerly along Iowa Street to its intersection with Tenth Street; thence westerly along Tenth Street to its intersection with Bluff Street; thence northerly along Bluff Street to its intersection with Locust Street; thence northwesterly along Locust Street to its intersection with Ellis Street; thence northerly along Ellis Street and its northerly extension to its intersection with Clarke Drive; thence northwesterly along Clarke Drive to its intersection with Paul Street; thence northeasterly along Paul Street to its intersection with Lowell Street; thence southeasterly along Lowell Street to its intersection with North Main Street; thence southerly along North Main Street to its intersection with Clarke Drive; thence southeasterly along Clarke Drive and its Demolition Districts Amendment Page 3 of 7 southeasterly extension to its intersection with Central Avenue; thence southerly along Central Avenue to its intersection with Fourteenth Street which is the point of beginning. (6) West Eleventh Street Neighbomood: Beginning at the intersection of Ninth and Bluff Streets thence westerly along Ninth Street to its intersection with University Avenue; thence westerly along University Avenue to its intersection with Spruce Street; thence northerly along Spruce Street to its intersection with West Eleventh Street; thence westerly along West Eleventh Street to its intersection with Walnut Street; thence northerly along Walnut Street to its intersection with Loras Boulevard; thence westerly along Loras Boulevard to its intersection with Cox Street; thence northerly along Cox Street to its intersection with the westerly extension of West Sixteenth Street; thence easterly along West Sixteenth Street and its westerly extension to its intersection with Montrose Terrace; thence northerly along the northeasterly extension of Montrose Terrace to its intersection with West Locust Street; thence southeasterly along West Locust Street to its intersection with Bluff Street; thence southerly along Bluff Street to its intersection with Ninth Street which is the point of beginning. (7) Broadway Street Neighbomood: Beginning at the intersection of West Twenty-third Street and Central Avenue thence westerly along West Twenty-third Street to its intersection with Lewis Street; thence northwesterly along Lewis Street to its intersection with Fulton Street; thence northerly along Fulton Street to its intersection with King Street; thence easterly along King Street and its easterly extension to its intersection with Central Avenue; thence southerly along Central Avenue to its intersection with West Twenty-third Street which is the point of beginning. (8) Downtown Neighbomood: Beginning at the intersection of White Street and Fourteenth Street, thence southerly along White Street to its intersection with Fifth Street; thence easterly along Fifth Street to its intersection the railroad tracks; thence easterly along the railroad tracks to their intersection with the Mississippi River; thence southerly along the riverfront across the Ice Harbor to the eastern terminus of First Street; thence westerly along First Street to its intersection with U.S. Highway 61/151; thence southerly along U.S. Highway 61/151 to its intersection with the Locust Street Connector; thence westerly along the Locust Street Connector and across Locust Street to Jones Street; thence westerly along Jones Street to its intersection with Bissell Lane; thence northerly along Bissell Lane extended to First Street; thence westerly along First Street to its intersection with Bluff Street; thence northerly along Bluff Street to its intersection with Fifth Street; thence easterly on Fifth Street to its intersection with Locust Street; thence northerly on Locust Street to its intersection with Seventh Street; thence westerly on Seventh Street to its intersection with Bluff Street; thence southerly on Bluff Street to its intersection with Fifth Street; thence westerly along Fifth Street to the bluff line; thence northerly along the bluff line to Ninth Street; thence easterly along Ninth Street to its intersection with Bluff Street; thence northerly along Bluff Street to its intersection with Tenth Street; thence easterly along Tenth Street to its intersection with Iowa Street; thence northerly along Iowa Street to Its intersection with Fourteenth Street; thence easterly along Fourteenth Street to its intersection with White Street, which is the point of beginning. Demolition Districts Amendment Page 4 of 7 11-4(b) Review by the Historic Preservation Commission. Upon receiving an application for a demolition permit for any building subject to this section, the building official shall immediately notify the Historic Preservation Commission of such application. If the application is for any building with one or more dwelling units, the building official shall also immediately notify the Housing and Community Development Department. The applicant shall file the information required in this section with the Historic Preservation Commission at the Office of the Planning Services Department by the application deadline established by the Commission. If the application is for any building with one or more dwelling units, the Planning Services Department shall provide the filed information to the Housing and Community Development Department. At its next regular meeting, the Commission shall recommend to the City Council approval or denial of the application, or table the application for additional information for a specified period not to exceed sixty (60) days from the date of application with the Commission. A failure of the Commission to take action on the application within the sixty (60) day period, unless the applicant requests and the Commission grants an extension of such time, shall constitute Commission approval thereof. The recommendation of the Commission shall be transmitted to the City Clerk. The City Clerk shall promptly transmit the recommendation and the application to the City Council for its consideration. The Commission shall review all of the information submitted by the applicant and, if the application is for any building with one or more dwelling units, all of the information submitted by the Housing and Community Development Department, and shall 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 Commission 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 shall recommend approval of the application. If the Commission 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 shall recommend denial of the permit application. 11-4(c) Historic and architectural significance guidelines and review criteria. The report, "Heritage of Dubuque" dated March 1974 and filed on record on January 27,1975, shall be considered as a comprehensive study for the historical preservation of the city and Demolition Districts Amendment Page 5 of 7 as one of the guides to be considered at such time as a demolition permit is applied for in a reference conservation district. The City of Dubuque's Historic Property Inventory and any subsequent official architectural/historical surveyslevaluations and nominations to the National Register of Historic Places prepared for any buildings located within the neighborhoods described in subsection (a) also shall be considered as guidelines at such time. In determining whether a building has historic or architectural significance, the Commission and the City Council shall consider an application for a demolition permit in accordance with the standards for review set forth in the Secretary of the Interior's Standards for Identification and Evaluation, and any subsequent revisions of these standards and guidelines by the Secretary of the Interior. The Commission and the City Council shall also consider a determination from the State Historical Society of Iowa as to the potential eligibility for listing of the building proposed for demolition on the National Register of Historic Places. 11-4(d) Economic Guidelines and Review Criteria. In determining whether to recommend approval or denial of the application, the Commission and the City Council may consider the information set forth in this subsection. The Commission and the City Council may also investigate strategies which would allow the property owner to eam a reasonable economic return on the property, may solicit expert testimony, and may require that the applicant make submissions concerning any or all of the following information: (1) A bid from a qualified contractor showing the cost ofthe proposed demolition; (2) A report from a licensed engineer, architect or contractor with experience in rehabilitation as to the structural integrity of any structure that the applicant proposes to demolish; (3) An opinion of the market value and the appraised value of the property by a realtor or appraiser: a) in its current condition, b) after completion of the proposed demolition, c) after renovation of the existing property for continued use, and d) all appraisals obtained within the last five (5) years for the property; (4) An estimate from an architect, developer, real estate consultant, appraiser or other real estate professional experienced in rehabilitation of the cost: a) to perform the repairs identified by the Building Services Department and the Housing and Community Development Department if the structure contains one or more dwelling units, and b) to rehabilitate the structure; (5) The amount paid for the property, the date of purchase and the person from whom the property was purchased, a description of the relationship, if any, between the owner of record, the applicant and the person from whom the property was purchased, and the terms of the purchase or proposed purchase, including financing; Demolition Districts Amendment Page 6 of 7 ~¡ (6) If the property is income-producing, Form 1040 Schedule E or equivalent for the previous two (2) years; (7) Itemized operating and maintenance expenses for the previous two (2) years, and the depreciation deduction and annual cash flow before and after debt service, if any, during the same period; (8) The name of all mortgagees and the balance of all mortgages or other financing secured by the property and annual debt service, if any, for the previous two (2) years; (9) Any listing of the property for sale or rent, the price asked and offers received, if any, within the previous five (5) years; (10) The assessed value of the property for the previous two (2) assessment years; (11) The amount of real estate taxes assessed for the previous two (2) assessment years and whether or not they have been paid; (12) Any other information considered necessary by the Commission by the City Council to make a determination as to whether the property does or may yield a reasonable economic return to the property owner(s); (13) A statement of the applicant's efforts to obtain financing, tax incentives, preservation grants and other incentives sufficient to allow the applicant to earn a reasonable economic return from the property in its current condition, and after renovation of the existing property for continued use; and (14) A statement of the applicant's current maintenance and repair activities. If the application is for any building with one or more dwelling units, the Housing and Community Development Department may also make submissions concerning any or all of the above information, including strategies which would allow the property owner to earn a reasonable economic return on the property. The Commission shall consider such information. 11-4(e) Action by the City Council. At its next regular meeting following receipt of the recommendation of the Commission by the City Clerk, the City Council shall hold a hearing on the application for a demolition permit and shall approve, deny or withhold action on the application for a specified period not to exceed ninety (90) days from the date of application to the Building Services Department, unless the applicant requests an extension of such time. If the City Council fails to take action to approve, deny or withhold action on the application within the ninety (90) day period, or such extension as requested by the applicant, the building official shall issue the permit forthwith. The City Council may withhold action on the application to allow the City Council and the Commission an opportunity to investigate the historical or architectural value of the -', . Demolition Districts Amendment Page 7 of 7 building to the community and to take such action as may be appropriate to encourage its preservation. However, nothing in this section shall authorize the withholding by the building official of a demolition permit for more than ninety (90) days from the date of application to the Building Services Department, unless the applicant requests an extension. At the hearing, the City Council shall consider the recommendation of the Commission, any information submitted to the Commission by the applicant, any information submitted to the City Council by the applicant, and, if the application is for any building with one or more dwelling units, any information submitted by the Housing and Community Development Department. If the City Council 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 City Council shall approve the application. If the City Council finds that denial of the application would not prevent the owner from earning a reasonable economic return on the property and that the building has historical or architectural significance to the community, the City Council shall deny the application. If the City Council denies the application, it shall state its findings in writing and shall transmit a copy of such findings to the applicant. Section 2. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 2nd day of August 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk