Loading...
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 ¡""ovatio" 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