Downtown Conservation Demo Dis
Planning Services Department
City Hall
50 West 13th Street
Dubuque, Iowa 52001-4864
(563) 589-4210 office
(563) 589-4221 fax
(563) 690.6678 TDD
planning@cityofdubuque.org
www.cityofdubuque.org
i5~~@UE
~~~
August 31,2004
The Honorable Mayor and City Council
City of Dubuque
50 W.13th Street
Dubuque, IA 52001
RE: Recommendation regarding Conservation District and Downtown School
Dear Mayor and City Council Members:
INTRODUCTION
The Historic Preservation Commission (HPC) is requesting that the City Council keep
the buildings that are being proposed for demolition for the new Downtown School in the
Downtown Neighborhood Conservation District, and amend the Conservation District
regulations to allow government units needing land to submit different information on
the site selection process.
A proposed amendment is enclosed for discussion only, not for adoption. Legal staff
has advised that the amendment will need refinement, should the City Council choose
to consider this alternative from the HPC.
DISCUSSION
The Conservation 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.
The School District's request to remove the downtown school site from the Downtown
Conservation District would eliminate HPC review.
The Historic Preservation Commission appreciates the City Council allowing the
ordinance approving the School District's request to be read three times. This slower
process allows for community input and dialogue, especially with the School Board.
The Commission unanimously supports the Dubuque County Historical Society's
request for an open dialogue with the School Board regarding the site selection process
for the new Downtown School.
The Commission's duties do not allow us to function as an "independent watch dog" for
historic preservation. We are able to review and comment only on those items that
,,",vice
People
Integrity
Re'po",ibility
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Teamwo<k
Recommendation regarding Conservation District and Downtown School
August 31,2004
Page 2
come to the Commission by Council directive. The Commission does not want to be
bypassed in the process for the demolition of historic buildings. Under the current
Conservation District Ordinance, the Commission was going to have an opportunity to
review the demolition requests; however, if the School District's request is approved, the
Commission will not have an opportunity to review the properties. The Commission
would like to review the downtown school site, and offer recommendations to the City
Council using different criteria for the School Board.
The Commission has discussed the review process and economic criteria for the
conservation districts with respect to the school site. The HPC also has reviewed the
attached map which shows the three downtown school sites and the Downtown
Conservation District. The Commission noted the economic criteria are not appropriate
for governmental units that need land for public projects. The Conservation District
Ordinance does not currently take into consideration projects that require land
acquisition by a governmental body for the public good. We believe the economic
criteria should be replaced with information on the cost of demolition and acquisition for
these types of public projects.
RECOMMENDATION
By a vote of 5 to 0, the HPC Commission respectfully requests that the City Council:
1)
Not remove the downtown school site from the Downtown Neighborhood
Conservation District;
3)
Consider amending the Conservation District regulations to provide different
review criteria for governmental units needing land while continuing the
HPC's advisory role; and
Direct Planning and Legal staff to prepare an amendment similar to the
attached draft for consideration by the City Council.
2)
Sincerely,
~d ~1wv~-- /~
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
Historic Preservation Commission
DRAFT
DEMOLITION PERMITS IN CONSERVATION DISTRICTS
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.
(3) Whether denial of the proposed demolition permit would prevent a tax-
certifying or tax levying governmental body from completing a project for
the "greater public good".
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.
DRAFT
If the Commission finds that denial of the application would prevent a tax-
certifying or tax levying governmental body from completing a project for
the "greater public good", 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, or
would not prevent a tax-certifying or tax levying governmental body from
completing a project for the "greater public good"; 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 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 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) A bid from a qualified contractor showing the cost of the 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;
2
DRAFT
(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;
(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
3
DRAFT
(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 retum on the property.
The Commission shall consider such information.
(e) Governmental Body 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 and alternative locations which would allow the tax-
certifying or tax levying governmental body to complete the project while
eliminating or reducing the number of buildings with historical or
architectural significance that need to be demolished, may solicit expert
testimony, and may require that the applicant make submissions
concerning any or all of the following information for the proposed site and
suitable alternative location(s):
(1) Fair market value of property;
(2) Estimate of the cost of the proposed demolition, including hazardous
material removal and remediation;
(3) Fair market value of any property owned by the governmental body that
could be sold if that site is not chosen for the project;
(4) Property tax impact of removing private property from the tax rolls at
the proposed location and all alternative locations;
(5) Any other factors that contribute to making one location more suitable
than others for the proposed use.
11-4{f) 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.
4
DRAFT
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 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 finds that denial of the application would not prevent a
tax-certifying or tax levying governmental body from completing a project
for the "greater public good" 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.
5
JAMES (TIM) A. O'BRIEN, ESQ.
ASSISTANT CITY ATTORNEY, CITY OF DUBUQUE
MEMO
To:
Laura Carstens
City Planner
DATE:
August 30, 2004
RE:
Amendment To Demolition District Ordinance/School District
Laura:
I have reviewed the amendment and cover memo which you sent by email. Whatever
else is done, the language of the ordinance amendment needs to be substantially
refined before it is submitted to the City Council. But before any time is spent in revising
the ordinance to comply with the requirements of the Iowa Supreme Court, I believe we
need direction from the City Council as to how they wish to proceed as a matter of
public policy. It appears to me that we have four possible courses of action, some of
which are short-term solutions, others more permanent solutions. The alternatives are
as follows:
1. The City Council could grant the request from the School District to remove the
property from the Demolition District. This course of action would allow both
governmental entities to avoid the conflict resulting from having to decide which
would prevail in a court test of balancing the interests of the two governmental
units.
2. The City Council could exempt the state and political subdivisions of the state
from compliance with the zoning and conservation ordinances. This would be a
more long-term solution and would also avoid the of conflict between
governmental bodies.
3. The City Council could decide these zoning and historic preservation issues on
an ad hoc basis as they come up, using a "balancing of interest" and a "greater
public good" standard as those terms are used by the Iowa Supreme Court in its
most recent decision on this issue. Unfortunately the Court provided no
refinement of this analysis beyond using the quoted words above.
4. The City Council could adopt an ordinance which further defines the "balancing"
test and the "greater public good" standard without further guidance from the
Iowa Supreme Court. This would provide some level of instruction to other
governmental units and other interested parties but we would have no assurance
that it would be defensible against challenges by other governmental entities who
may disagree with our view of the "balancing" or what constitutes the "greater
public good".
For the reasons outlined above, I would recommend that the ordinance changes you
sent not be presented to the City Council, as the issue is not yet ripe for that discussion.
If y~ave any other comments, please let me know.
/1 þv-
cc: Barry A. Lindahl, Corporation Counsel
Downtown School Site:
Level of Significance
NRHP Eligible
Contributing
Local
Non-Contributing
School Site # 1
School Site # 2
School Site # 8
D Conservation District