Conservation HPC Process review
D~~~E
~ c/N.- ~
MEMORANDUM
September 15, 2004
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: HPC Conservation District Amendment
On September 7,2004, the City Council received the Historic Preservation
Commission's proposal to amend the Conservation District regulations with respect to
governmental units. The City Council referred the proposal to the City Manager for
recommendation.
I respectfully request that the Mayor and City Council adopt the following procedure for
review of Conservation District projects of state and other local governmental units.
First, the Historic Preservation Commission and then the City Council would review
these projects after receiving the required information. The City Council would then
make a determination as to whether a denial of the application would prevent the unit of
government from accomplishing its governmental functions.
If the City Council finds that denial of the application would not prevent the unit of
government from accomplishing its governmental functions, the City Council may deny
the application.
If the City Council finds that denial of the application would prevent the unit of
government from accomplishing its governmental functions, the City Council must
approve the application.
I {1
,'7/ (Iì ,:
i Lti. L ill] 1L L
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Laura Carstens, Planning Services Manager
c,
, :
C"
D~
~ c/N.- ~
MEMORANDUM
September 15, 2004
FROM:
Michael Van Milligen, City Manager
Laura Carstens, Planning Services Manager ~
TO:
RE:
HPC Conservation District Amendment
INTRODUCTION
On September 7, the City Council received the Historic Preservation Commission's
proposal to amend the Conservation District regulations with respect to governmental
units. The HPC requested 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.
The HPC provided a proposed amendment for discussion only, not for adoption. The
HPC requested that the City Council direct Planning and Legal staff to prepare an
amendment similar to the attached draft for consideration by the City Council.
The City Council referred this proposal to the City Manager and staff for review and a
recommendation.
The Commission's proposal has been reviewed by the Legal Department. Enclosed is a
revised ordinance that refines the HPC's draft.
BACKGROUND
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.
HPC Conservation District Amendment
Page 2
The HPC asked the City Council to consider amending the Conservation District
regulations to provide different review criteria for governmental units needing land while
continuing the HPC's advisory role.
The HPC 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.
DISCUSSION
In refining the HPC's draft, the Legal Department has revised the ordinance to provide
further direction to the HPC and the City Council if the applicant is the state of Iowa or a
political subdivision of the state. For government applicants, the Commission would
review economic criteria as well as criteria for these governmental applicants. The
Commission and the City Council 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.
(6) Any other information appropriate to evaluating how all conflicting governmental
interests may be accommodated.
(7) The need for the use in question, the effect on neighboring property, and the
environmental impact of the proposed use.
For government applicants, the Commission would review economic criteria as well as
these criteria, and then make a determination as to whether the denial of the application
would prevent the state or the political subdivision from accomplishing its governmental
functions.
HPC Conservation District Amendment
Page 3
If the Commission finds that denial of the application would prevent the state or the
political subdivision from accomplishing its governmental functions, the Commission
must recommend approval of the application.
If, after weighing the interests and attempting to accommodate all conflicting
governmental interests, the Commission finds that denial of the application would not
prevent the state or the political subdivision from accomplishing its government
functions, the Commission may deny the application
If the applicant is the state of Iowa or a political subdivision of the state, the City Council
would review economic criteria as well as these criteria, and then make a determination
as to whether the denial of the application would prevent the state or the political
subdivision from accomplishing its governmental functions.
If, after weighing the interests and attempting to accommodate all conflicting
governmental interests, the City Council finds that denial of the application would not
prevent the state or the political subdivision from accomplishing its governmental
functions, the City Council may deny the application.
If, on the other hand, the City Council finds that denial of the application would prevent
the state or the political subdivision from accomplishing its governmental functions, the
City Council must approve the application.
RECOMMENDATION
Planning Services staff recommends that the City Council give consideration to the
HPC's proposed amendment to the Conservation District regulations, as refined by the
Legal Department on the enclosed ordinance.
Enclosure
cc Historic Preservation Commission
Barry Lindahl, Corporation Counsel
Tim O'Brien, Assistant City Attorney
Prepared by: Laura Carstens City Planner Address: City HaJj 50 W. 13th Sl. Teiephone: 589-4210
ORDINANCE NO.
-04
AN ORDINANCE AMENDING CHAPTER 11 (BUILDING REGULATIONS) OF
THE CITY OF DUBUQUE CODE OF ORDINANCES REGARDING
CONSERVATION DISTRICTS.
Whereas, the Historic Preservation Commission has recommended amendments
to Chapter 11 (Building Regulations) of the City of Dubuque Code of Ordinances
regarding Conservation Districts; and
Whereas, the City Council established Conservation Districts to allow for the
Commission's and City Council's review of demolition permits that might impact
buildings of historic or architectural significance in these districts; and
Whereas, the Commission has recommended criteria for the Commission and
the City Council to consider if the state of Iowa or a political subdivision of the state is
able to perform its functions; 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:
Section1. Chapter 11 (Building Regulations) of the City of Dubuque Code of
Ordinances is hereby amended by amending the following sections to read as follows:
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.
Ordinance No.
Page 2
-04
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.
If the applicant is the state of Iowa or a political subdivision of the state, the
Commission shall also make a determination as to whether the denial of the
application would prevent the state or the political subdivision from
accomplishing its governmental functions as follows:
(1) If the Commission finds that denial of the application would prevent the
state or the political subdivision from accomplishing its governmental
functions, the Commission shall recommend approval of the application.
(2) If the Commission finds that denial of the application would not prevent the
state or the political subdivision from accomplishing its governmental
functions, the Commission may recommend denial of the application.
Ordinance No.
Page 3
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
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.
-04
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 I nterior. 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;
(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
Ordinance No.
Page 4
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;
-04
(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.
(e) Guidelines and Review Criteria for Applications by the State of Iowa or a
Political Subdivision of the State: 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 and any other
information the Commission or the City Council considers relevant to
balancing any conflicting governmental interests.
Ordinance No.
Page 5
-04
The Commission and the City Council 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.
(6) Any other information appropriate to evaluating how all conflicting
governmental interests may be accommodated.
(7) The need for the use in question, the effect on neighboring property, and
the environmental impact of 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.
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
Ordinance No.
Page 6
for any building with one or more dwelling units, any information submitted by the
Housing and Community Development Department.
-04
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 applicant is the state of Iowa or a political subdivision of the state, the
City Council shall also make a determination as to whether the denial of the
application would prevent the state or the political subdivision from
accomplishing its governmental functions as follows:
(1) If, after weighing the interests and attempting to accommodate all
conflicting governmental interests, the City Council finds that denial of the
application would prevent the state or the political subdivision from
accomplishing its governmental functions, the City Council shall approve
the application.
(2) If, after weighing the interests and attempting to accommodate all
conflicting governmental interests, the City Council finds that denial of the
application would not prevent the state or the political subdivision from
accomplishing its governmental functions, the City Council may 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
day of
2004.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk