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Old Main Urban Revitilization Area Plan AmendmentMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Amendment to Old Main Urban Revitalization Area Plan DATE: November 14, 2011 Dubuque kdkri M- AmericaCity 1 11 ' 2007 Housing and Community Development Department Director David Harris recommends City Council approval of an ordinance amending the Old Main Urban Revitalization Plan. The current Urban Revitalization Plan requires that 100% of a building's total square footage must be used for residential since an urban renewal plan also exists for the same area. Property owners in the area that create or improve residential units are unable to utilize the tax exemption since most properties contain commercial uses on the first floor. This amendment will provide that in order to be eligible for the tax exemption, the property and buildings must be assessed as residential, or assessed as commercial with three or more separate living quarters and at least 75% of the space used for residential purposes. This amendment will encourage more property owners to provide residential units in the Old Main Street area. I concur with the recommendation and respectfully request Mayor and City Council approval. brilvt4 k;s1gli Michael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager David Harris, Housing and Community Development Department Director r Masterpiece on the Mississippi Dubuque hell All-America City 1 2007 MEMORANDUM TO: Micha I C. Van Milligen, City Manager FROM: David arris, Housing and Community Development Department SUBJECT: Amendment to Old Main Urban Revitalization Area Plan DATE: November 16, 2011 Introduction This memorandum recommends that the City Council adopt the attached ordinances to amend the Old Main Urban Revitalization Area Plan. Background The current UR Plan requires that one hundred percent of a building's total square footage must be used for residential since an urban renewal plan also exists for the same area. Property owners in the area that create or improve residential units are unable to utilize the tax exemption since most properties contain commercial uses on the first floor. The proposed amendment will provide that in order to be eligible for the tax exemption, the property and buildings must be assessed as residential, or assessed as commercial with three or more separate living quarters and at least seventy -five percent of the space used for residential purposes. Following discussions with staff and review of the current urban renewal regulations, it has been determined that the proposed amendment is appropriate and will encourage more property owners to provide residential units in the Old Main Street area. Discussion Chapter 404 requires that a public hearing be held prior to amending the existing urban revitalization plan. At the public hearing, the Council will be able to adopt the plan amendment. Additionally, the City's Code of Ordinances requires comment by the Long Range Planning Commission on any urban revitalization plan amendment. They reviewed the Old Main UR Plan amendment at their November 16th meeting. Recommendation I recommend that the City Council approve the attached ordinance amending the Old Main Urban Revitalization Plan Action Requested The Action Step is for the City Council to adopt the attached ordinance. Prepared by: Aggie Tauke, Community Development Specialist F: \USERS\ATAUKE \Urban Revite \Old Main UR \Old Main UR Amend Adopt. Council memo.doc ORDINANCE NO. 50 -11 AN ORDINANCE AMENDING THE EXISTING OLD MAIN URBAN REVITALIZATION AREA PLAN PURSUANT TO CHAPTER 404 OF THE CODE OF IOWA. Whereas, the City Council of the City of Dubuque has previously established the Old Main Urban Revitalization Area by Ordinance 87 -2002, and Whereas, the City Council finds that the Old Main Urban Revitalization Area should be revised to encourage residential uses; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Ordinance 87 -2002 establishing the OId Main Urban Revitalization Area Plan is hereby amended. Section 2. That the OId Main Urban Revitalization Area Plan November 2011 Amendment amending Section 5.2 as hereto attached is hereby adopted and approved and the properties within said described area shall be subject to the provisions of said Plan. Section 3. That said Old Main Urban Revitalization Area Plan November 2011 Amendment shall hereafter be on file in the City Clerk's Office, City Hall, Dubuque, Iowa. Section 4. That the City Clerk is hereby authorized and directed to publish this Ordinance; and Passed, approved and adopted this 21st day of Novem j r 2 ;11 Attese/ K= in Firnstahl, City Clerk F: \USERS■TAUKE \Urban Revite \Old Main UR \Old Main UR Amd Ord.doc y D Buol, Mayor OFFICIAL PUBLICATION ORDINANCE NO. 50 -11 AN ORDINANCE AMENDING THE EXISTING OLD MAIN URBAN REVITALIZA- TION AREA PLAN PURSUANT TO CHAPTER 404 OF THE CODE OF IOWA., Whereas, the City Council of the City of Dubuque has previously established the Old Main Urban Revitalization Area by Ordinance 87 -2002, and Whereas, the City Council- finds that the Old Main Urban Revitalization Area should be revised to encourage residential uses. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: • Section 1. That Ordinance 87 -2002 establishing the Old Main Urban Revitaliza- tion Area Plan is hereby amended. Section 2. That the Old Main Urban Revitalization Area Plan November 2011 Amendment amending Section 5.2 as hereto attached is hereby adopted and approved and the properties within said described area shall be subject to the provisions of said Plan. Section 3. That said Old Main Urban Revitalization Area Plan November 2011 Amendment shall hereafter be on file in the City Clerk's Office, City Hall, Dubuque, Iowa. Section 4. That the City Clerk is hereby authorized and direct- ed to publish this Ordinance. Passed, approved and adopted this 21st day - of November 2011. /s/Roy D Buol, Mayor Attest /s/Kevin Firnstahl, City Clerk Published officially in the Telegraph Herald Newspaper the 25th day of.November, 2011. /s /Kevin S. Firnstahl, City Clerk It 11/25 STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: November 25, 2011, and for which the charge is $15.94. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this la day o___Q74` , 20 j . Notary Public in and for ubuque County, Iowa. MAY K. WESTERMEY Commission Nurnh r 154,-, Old Main Urban Revitalization Plan November 2011 Amendment 1.0 Introduction This amendment to the Old Main Urban Revitalization Area Plan amends Section 5.2 to redefine the percentage of improvements eligible for the program. All other Sections of the Old Main Urban Revitalization Plan March 2002 remain in effect. The State of Iowa, under Iowa Code Chapter 404, allows cities to designate areas as urban revitalization districts. Under this Act, improvements to qualified areas may receive a total or partial exemption from property taxes for a specified number of years. The exemptions are intended to stimulate private investment by the reduction of tax increases related to property improvements. 5.0 Revitalization Program 5.2 Eligibility For qualified improvements to be eligible for tax exemption, a building permit and or Historic Preservation Commission approval must be obtained in accordance with the City of Dubuque's Code of Ordinances. All qualified real estate assessed as residential property or assessed as commercial property, if the commercial property consists of three or more separate living quarters with at least seventy -five percent of the space used for residential purposes, is eligible to receive a one hundred percent exemption from taxation on the actual value added by the improvements. The exemption is for a period of ten years. F: \USERS\ATAUKE \Urban Revite \Old Main UR \Old Main UR Plan Amendment Nov 2011 doc Planning Services Department City Hall 50 West 13th Street Dubuque, IA 52001 -4864 (563) 589 -4210 phone (563) 589-4221 fax (563) 690 -6678 TDD planning @cityofdubuque.org The Honorable Mayor and City Council City of Dubuque 50 W.13th Street Dubuque, IA 52001 Masterpiece on the Mississippi RE: Old Main Urban Revitalization Area Plan Amendment Dear Mayor and City Council Members: Dubuque kraal crr 11111' 2007 November 17, 2011 Introduction On November 17, 2011, the Long Range Planning Advisory Commission reviewed the proposed Old Main Urban Revitalization Area Plan Amendment. The proposal, staff reports, and related materials are enclosed. Discussion At the Commission meeting, Aggie Tauke, Community Development Specialist, reviewed the plan amendment and explained that it will provide reduce the required eligible percentage of residential area in a property from 100% to 75% percent in order to qualify for a tax exemption. She noted the proposed amendment will encourage more residential units in the Old Main area, helping to meet a need for downtown housing. The Commission reviewed the use of the urban revitalization and urban renewal programs, and the direct and indirect benefits they provide to the community. Recommendation By a vote of 7 to 0, the Long Range Planning Advisory Commission recommends approval of the proposed Old Main Urban Revitalization Area Plan Amendment, and finds it is consistent with the 2008 Dubuque Comprehensive Plan. Respectfully submitted, Jim Prochaska, Chairperson Long Range Planning Advisory Commission Enclosures cc: Michael Van Milligen, City Manager David Harris, Housing & Community Development Director Service People Integrity Responsibility Innovation Teamwork Masterpiece on the Mississippi TO: Long Range Planning Advisory Commission FROM: Laura Carstens, Planning Services Manager SUBJECT: Old Main Urban Revitalization Area Plan Amendment DATE: November 8, 2011 Dubuque AB•Anwdca city 1 2007 Introduction This memorandum transmits the enclosed Old Main Urban Revitalization Area Plan Amendment for review and comment by the Long Range Planning Advisory Commission. The amendment will reduce the required eligible percentage of residential area in a property from 100% to 75% percent in order to qualify for a tax exemption. Discussion Currently, the Old Main Urban Revitalization Plan requires that 100% of the total square footage be used for residential use to receive a 10 -year property tax exemption for eligible improvements. The Old Main Area's historic storefront buildings generally have first floor commercial uses, with upper stories of office and residential uses, however, making them ineligible for the tax abatement. The proposed amendment will expand eligibility for tax abatement to property assessed as commercial with three or more separate living quarters and at least 75% of the space used for residential purposes. City staff believes the proposed amendment is will encourage more residential units in the Old Main area, helping to meet a need for downtown housing. One of the Commission's roles is to review urban revitalization plan amendments for consistency with the Comprehensive Plan. Planning Services Staff finds the proposed amendment is consistent with the 2008 Comprehensive Plan, with greatest relevance to the Land Use and Urban Design, Economic Development, and Housing Elements. Recommendation Staff recommends the Long Range Planning Advisory Commission recommend City Council approval of the Old Main Urban Revitalization Area Plan Amendment, as it is consistent with the Comprehensive Plan. Enclosures cc: David Harris, Housing and Community Development Director Aggie Tauke, Community Development Specialist F: \USERS \Djohnson \LRPAC \Urban Revitalization Districts \Old Main Urban Revitilization Area Amendment Memo.doc Masterpiece on the Mississippi Dubuque hitid Aft Amedcacily 1111! 2007 TO: Long Range Planning Advisory Commission FROM: David Harris, Housing and Community Development Department SUBJECT: Old Main Urban Revitalization Area Plan Amendment- Review and Comment DATE: November 7, 2011 Introduction The Long Range Planning Advisory Commission is requested to review the attached Old Main Urban Revitalization Area Plan Amendment and to comment on its conformance with the general plan for the community. The amendment will reduce the required eligible percentage of residential area in the building from one hundred percent to seventy five percent in order to qualify for a tax exemption. Background Section 15 -2 -3 of the Code of Ordinances of the City of Dubuque requires review of amendments urban revitalization plan as to its consistency with the comprehensive plan for the City. The ordinance assigns this duty to the Long Range Planning Commission. The Commission does not approve or deny the urban revitalization plan but reviews the plan and submits written recommendations with respect to its conformance with the general plan. The City Council received the Old Main Urban Revitalization Area Plan Amendment at its November 7th meeting and set a public hearing for November 21. Discussion Urban Revitalization Chapter 404 of the Iowa Code (Urban Revitalization Act) authorizes cities to designate areas as urban revitalization areas. Improvements to qualified real estate within these designated areas may receive a total or partial exemption from property taxes for a specified number of years. The exemptions are intended to stimulate private investment by reducing tax increases that usually accompany property improvements. This additional private investment provides a long -term increase or stabilization in the area's tax base, enhances the viability of revitalization areas and /or supports important city objectives such as historic preservation, economic development and affordable housing development. The City's Urban Revitalization Program offers a ten year property tax exemption for eligible improvements to residential properties in designated revitalization districts. On December 6, 2002 the Council approved an Old Main Urban Revitalization Area Plan that is generally located along Main Street from First to Fourth Streets and encompassing the Five Flags Civic Center, the same area as the OId Main Historic Preservation District. The current UR Plan requires that one hundred percent of the total square footage must be used for residential since an urban renewal plan also exists for the same area. Property owners in the area that create or improve residential units are unable to utilize the tax exemption since most properties contain commercial uses on the first floor. The proposed amendment will provide that in order to be eligible for the tax exemption, the property and buildings must be assessed as residential, or assessed as commercial with three or more separate living quarters and at least seventy -five percent of the space used for residential purposes. Following discussions with staff and review of the current urban renewal regulations, it has been determined that the proposed amendment is appropriate and will encourage more property owners to provide residential units in the OId Main Street area. Chapter 404 requires that a public hearing be held prior to amending the existing urban revitalization Plan. At the public hearing, the Council will be able to adopt the Plan amendment. The Old Main Urban Revitalization Area Plan supports several goals of the Comprehensive Plan: Housing • Consider expanding the City's use of housing preservation programs whenever appropriate and possible • Encourage a range of affordable, accessible, and decent rental housing options throughout the community. Economic Development • Encourage property improvements and revitalization throughout the city. • Promote the Residential Living element of the Downtown Master Plan. Land Use and Urban Design • Promote inclusive and economically integrated neighborhoods that allow a diverse mix of residents and housing types. • Promote providing a range of housing options throughout the community. • Support opportunities for downtown apartments and warehouse lofts. • Encourage mixed use development in the downtown area. • Promote protection and preservation of the city's historic buildings, urban pattern, and natural environment. • Encourage redevelopment or adaptive reuse of vacant or underutilized buildings and sites. • Promote incentives to bring mixed -use to the downtown and warehouse districts. Recommendation Staff encourages the Long Range Planning Advisory Commission to support the efforts to revitalize and preserve historic buildings in the downtown area. The Old Main Urban Revitalization Area Amendment will encourage property owners to provide residential units in existing historic structures. The amendment will support the efforts to encourage mixed use development downtown. Action Step The action step for the Long Range Planning Advisory Commission is to transmit its recommendations as to the conformity of the proposed Old Main Urban Revitalization Area Plan Amendment to the City Council prior to the November 21, 2011 public hearing. Prepared by Aggie Tauke, Community Development Specialist Attachments Cc: Michael Van Milligen, City Manager Laura Carstens, City Planner F: \USERS\ATAUKE \Urban Revite \Old Main UR \Old Main UR Amd LRPC mem.2011.doc Old Main Urban Revitalization Plan November 2011 Amendment 1.0 Introduction This amendment to the Old Main Urban Revitalization Area Plan amends Section 5.2 to redefine the percentage of improvements eligible for the program. All other Sections of the Old Main Urban Revitalization Plan March 2002 remain in effect. The State of Iowa, under Iowa Code Chapter 404, allows cities to designate areas as urban revitalization districts. Under this Act, improvements to qualified areas may receive a total or partial exemption from property taxes for a specified number of years. The exemptions are intended to stimulate private investment by the reduction of tax increases related to property improvements. 5.0 Revitalization Program 5.2 Eligibility For qualified improvements to be eligible for tax exemption, a building permit and or Historic Preservation Commission approval must be obtained in accordance with the City of Dubuque's Code of Ordinances. All qualified real estate assessed as residential property or assessed as commercial property, if the commercial property consists of three or more separate living quarters with at least seventy -five percent of the space used for residential purposes, is eligible to receive a one hundred percent exemption from taxation on the actual value added by the improvements. The exemption is for a period of ten years. F: \USERS\ATAUKE \Urban Revite \Old Main UR \Old Main UR Plan Amendment.Nov 2011.doc CITY OF DUBOQUE, IOVYAt i / NOTICE OFAPUBLIC HEARING `" PUBLIC NOTICE is hereby given that the City Council of the City of Dubuque, Iowa, will hold a public hearing on the 21st day of November, '2011, at 6:30 p.m. in the Historic Federal Building, 350 West Sixth Street, Dubuque, Iowa, at which meeting the City Council will consider a proposed amendment to the Old Main Urban Revitalization Area Plan. At the meeting, the City Council will receive oral and written objections from any resident or property owner of said City to the above action. After all objections have been received and con- sidered, the City Council may at this meeting or at any adjournment thereof, take additional action on a proposed amendment to the Old Main Urban Revital- ization Area Plan. Any visual or hearing - impaired persons need - orgpersons with spec al accessibility needs • should contact the City Clerk's office at (563) 589 -4120 or TDD at - (563) 590 -6678 at least 48 hours prior to the meeting. Dated this 11th day of October, 2011. Kevin S. Firnstahl City Clerk It 11 /11 STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: November 11, 2011, and for which the charge is $15.46. FJ-, Subscribed to before me Notary Public i and for Dubuque County, Iowa, f this gm of `/ , 20 7� otary Public in and for Dubuque County, Iowa. MANY K, WES1 ,RMEYER Commission Number 154se5