Conservation Demolition Dis Pro
i5~
~ck~
MEMORANDUM
August 11,2004
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
~ -,
SUBJECT: Process to Establish, Expand or Alter Conservation Districts
The Historic Preservation Commission requested direction from the City Council on a
process to establish, expand or alter conservation districts. The City Council asked for
a City staff recommendation.
Planning Services Manager Laura Carstens is recommending that all requests to
establish, expand or alter a conservation district first be submitted to the City Council.
Then the City Council would choose one of the following courses of action:
1.
Deny the request at the initial meeting.
2.
Consider the request further at a subsequent City Council meeting.
3.
Refer the request to the Historic Preservation Commission before voting.
Should the City Council choose #2 or #3, the City Council would decide on a case-by-
case basis if the item would be a public hearing the next time it appeared on the City
Council agenda, or if it appeared as an Action Item, if public input would be allowed.
If the City Council refers the item to the Historic Preservation Commission (option #3),
the City Council would also need to give direction to the Commission if the property
owners should be notified by mail about the Historic Preservation Commission
discussion.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
((I It' /
,,"r 1/
(lLic4 /117/ II I(
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Laura Carstens, Planning Services Manager
i5~
~ck~
MEMORANDUM
August 11,2004
TO:
Michael Van Milligen, City Manager
FROM:
Laura Carstens, Planning Services Manager ~
RE:
Process to Establish, Expand or Alter Conservation Districts
INTRODUCTION
This memo transmits the recommended process to establish, expand or alter
conservation districts (formerly known as demolition districts), in response to a City
Council referral of a request for direction from the Historic Preservation Commission,
BACKGROUND
The eight existing conservation districts were established originally as demolition
districts at the initiative of the City Council. Notices were not sent to property owners.
No public input was sought. No process was or is defined in the City Code for
establishing, expanding or altering these districts.
In 2002, the City Council directed the HPC to seek public input from the owners of
property in proposed districts before recommending their establishment. The HPC
mailed public meeting notices to owners of property in two proposed districts.
On May 26, 2004, the HPC requested that the City Council provide further direction on
the desired process for establishing new districts,
On June 7, 2004, the City Council referred the HPC's request to the City Manager and
staff to provide a recommendation,
Assistant City Manager Cindy Steinhauser has received requests from several citizens
that property owner notification be part of the recommendation for the process for
establishing demolition districts (now known as conservation districts),
Process for Conservation Districts
Page 2
DISCUSSION
The Planning Services Department has evaluated three options in developing the
recommended process to establish, expand or alter conservation districts.
Option 1
The first option we evaluated was continuing to use the process that the City Council
has followed to establish the eight existing districts, These districts were established at
the initiative of the City Council, and were approved without public input or notification of
affected property owners.
The last district established was for the Downtown Neighborhood in 2001. The impetus
for establishing this district was the desire of the City Council to delay or discourage the
demolition of two downtown buildings on Main Street - the former Betty Jane's Candies
store and the former Vi's Nutrition store.
Option 1 allows the City Council to act quickly to delay or discourage the demolition of
key buildings threatened by demolition; however, it does not provide for public input or
notification of affected property owners.
Option 2
The second option we evaluated was that all requests and/or petitions to establish,
expand or alter conservation districts would be submitted to the City Council, and then
the Council could decide on three basic courses of action:
1, approve the request at a subsequent City Council meeting,
2. deny the request at the initial meeting, or
3. refer the request to the HPC for a recommendation before voting,
Opportunities for public input and notification can be accomplished by several means
under Option 2,
If the City Council wants to continue to have these requests be action items, then the
Council could allow input at the Council meeting when a proposal to establish, expand
or alter a conservation district is considered.
If the City Council prefers to have these requests be heard at a public hearing, then a
notice would be published in the local newspaper and public input would be taken at the
public hearing,
In either case - as an action item or a public hearing - the City Council could also direct
staff to mail a meeting notice to the affected property owners,
Process for Conservation Districts
Page 3
If the City Council refers the request to the HPC for a recommendation before voting,
then it would be appropriate for the City Council to also provide direction to the HPC on
whether a notice of the Commission's meeting should be mailed to the property owners.
Option 2 does not allow the City Council to act as quickly as it did in 2001 to create the
Downtown Neighborhood District; however, it does provide greater opportunity for public
input and notification than Option 1.
Option 3
The third option we evaluated was that all requests and/or petitions to establish, expand
or alter conservation districts would follow a similar process to establishing, expanding
or altering historic preservation districts,
The process would start with an application to the HPC. The HPC would set a public
hearing on the proposal, and a notice would be mailed to affected property owners and
published in the local newspaper. After holding the public hearing, the HPC would
transmit a recommendation to City Council. The City Council would set a public hearing.
After holding its public hearing, the City Council would vote on the proposal.
Option 3 is the longest process, and does not give the City Council the flexibility to deny
a request at the start like Option 2 because the process would start with the HPC.
Option 3 also does not give the City Council the ability to act quickly as it did in 2001 to
create the Downtown District,
RECOMMENDATION
The Planning Services Department and the Legal Department recommend Option 2,
We believe this option gives the City Council the greatest flexibility when considering
proposals to establish, expand or alter conservation districts, and also provides
opportunities for public input and notification as the City Council may decide,
The Planning Services Department requested the HPC's reaction to the three options,
The HPC supports Option 2 because they believe these requests should begin at the
City Council's agenda, with a referral to the Commission when the Council would like a
recommendation from the HPC.
An ordinance amendment is enclosed for consideration.
Attachments
cc Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Tim O'Brien, Assistant City Attorney
Wally Wernimont, Assistant Planner
Prepared by: Laura Carstens CItv Planner Address: CiN Hall 50 W. 13th 51. Telephone: ~
ORDINANCE NO. 63 -04
AN ORDINANCE AMENDING CHAPTER 11 (BUILDING REGULATIONS) OF
THE CITY OF DUBUQUE CODE OF ORDINANCES REGARDING THE
PROCESS FOR THE ESTABLISHMENT, EXPANSION OR ALTERATION OF
CONSERVATION DISTRICTS.
Whereas, the City Council established Conservation 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 Council has appointed the Historic Preservation Commission
to review demolition permits in conservation districts; and
Whereas, the Historic Preservation Commission has requested direction from the
City Council regarding the process for establishing conservation districts; and
Whereas, the City Council finds that the recommended amendments to Chapter
11 regarding process for establishment, expansion or alteration of a conservation
district are consistent with 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 adding the following Section 11-4(f) as follows:
11-4(f) Process for Establishment, Expansion or Alteration of Conservation District. Any
person may make a request to the City Council for establishment, expansion or
alteration of a conservation district. The process for establishment, expansion or
alteration of a conservation district shall be as follows:
(1) A written request for the establishment, expansion or alteration of a conservation
district shall be submitted to the City Clerk. At its next regular meeting following receipt
of the request by the City Clerk, the City Council may approve or deny the request, set
the request for consideration at a subsequent meeting, set the request for a public
hearing, or refer the request to the Commission for a recommendation before voting on
the request.
ORDINANCE NO.
Page 2
If the City Council considers the request at a public hearing, a notice of the date, time
and location of the hearing shall be published in accordance with Iowa Code Section
362.3.
-04
The City Council may also direct the City Clerk to mail a notice of the date, time and
location of the meeting at which the City Council will consider the request to the
property owners of record in the district.
If the City Council refers the request to the Commission, the City Council may also
direct the Secretary of the Commission to mail a notice of the date, time and location of
the meeting at which the Commission will consider the request to the property owners of
record in the district.
(2) At its next regular meeting, if a referral is made to it by the City Council, the
Commission shall review the request, and make a recommendation to the City Council
to approve or deny the request, or to table the request for additional information for a
specified period not to exceed sixty (60) days. A failure of the Commission to take
action on the request 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.
In determining whether to recommend approval or denial of the request, the
Commission shall consider whether the proposed conservation district, or the expansion
or alteration of the district, has historic or architectural significance to the community.
(3) At its next regular meeting following receipt of the recommendation of the
Commission by the City Clerk, the City Council shall approve or deny the request.
Section 2. This ordinance shall take effect immediately upon publication, as
provided by law.
Passed, approved and adopted this 16th day of August, 2004.
Daniel E. Nicholson, Mayor Pro-Tem
Attest:
Jeanne F. Schneider, City Clerk