Process for Review and Update of Historic Preservation Ordinance
Planning Services Department
50 West 13th Street
Dubuque, Iowa 52001-4864
Phone (319) 589-4210
Fax (319) 589-4149
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June 8,1999
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque, IA 52001
SUBJECT:
Process for Review and Update of Historic Preservation Ordinance
Dear Mayor and City Council Members:
On April 5, 1999, the City Council referred a review and update of the Historic
Preservation Ordinance to the Historic Preservation Commission (HPC). The City Council
asked the HPC to look at the current ordinance to see if any changes are feasible, and if
so, to advise them of recommended changes.
With input from the City Manager and Planning Services, Community and Economic
Development and Legal staff, the HPC recommends the process described below to
conduct this ordinance review and update. The HPC requests a work session with the
City Council to discuss the recommended process, to clarify the City Council's
expectations, and to receive direction from the City Council.
BACKGROUND
The last revision of the Historic Preservation Ordinance was completed in 1989. This
review process took over one year, and involved HPC members, Planning Services staff
and Legal staff. The 1989 revision clarified and simplified the original 1977 Ordinance by:
~ more clearly explaining the powers, duties and functions of the HPC,
~ providing for staff sign-offs on projects through a Determination of No Material
Effect, and
~ creating the Certificate of Economic Hardship for projects that would prevent the
property owner from earning any reasonable economic return.
Based on input from the City Council, City staff and citizens, we believe that the HPC
should consider the following issues:
~ The appeal process needs to be revised; a different process should be available.
Service
People
Integrity
Responsibility
Innovation
Teamwork
Historic Preservation Ordinance
page 2
~ The HPC should more clearly define economic hardship.
~ The issue of economic hardship for home ownership should be clarified with an
application appeal.
~ The HPC should look at other changes to make the job of the Commissioners easier
and more efficient.
~ There are problems with the existing Ordinance that are causing conflicts; the HPC
needs to identify changes that could resolve these conflicts.
~ What are the limitations placed on the Ordinance by the State code?
RECOMMENDED PROCESS
The HPC recommends using the following process for the review and update of the
Historic Preservation Ordinance.
1 . Problem Solving Process Steps
A. Review historic preservation ordinances from other cities
(Planning Services staff have contacted a number of cities in Iowa, and the
State Historic Preservation Office has asked for examples from across the
country)
B. Review historic preservation incentives used by other cities
(Planning Services staff have contacted a number of cities in Iowa, and the
State Historic Preservation Office has asked for examples from across the
country)
C. Identify ways to streamline the current ordinance with more sign-offs by staff
(Planning Services, Community and Economic Development, and
Legal staff are evaluating design review cases)
D. Review Court cases and case law for definitions of economic hardship for
commercial, multi-family residential, and single-family residential properties
(Legal staff are reviewing cases)
E. Review Iowa Code pertaining to historic preservation
(Planning Services, Community and Economic Development, and Legal staff
are reviewing the Iowa Code)
Historic Preservation Ordinance
page 3
2. Develop Partnerships Process Steps
A. Meet with City Council
~ Initial work session
.I Test process and get direction
.I Clarify problems and opportunities
.I Discuss: what is our goal for historic preservation?
~ Second work session
.I Present data and information gathered
.I Review process used and results
.I Present recommendations for ordinance changes and incentives
B. Create an Historic Preservation Ordinance Task Force:
~ Voting Membership:
.I 3 HPC Commissioners (Task Force Chair and Vice-Chair)
.I 2 historic district property owners
.I 2 contractors who work on historic properties
.I 1 representative from Dubuque County Historical Society
.I 1 representative from Dubuque Main Street Ltd.
~ Non-voting Membership:
.I Planning Services staff: Laura Carstens, Mark Noble
.I Community and Economic Development staff: Pam Myhre
.I Legal staff: Tim O'Brien
.I Facilitator: City staff or other
~ Duties:
.I Review collected data and other information
.I Conduct focus group meetings
.I Develop recommendations for ordinance revisions and possible
incentives after review with focus groups and SHPO
.I Meet with HPC to share information, and to test proposals
.I Meet with HPC and City Council at work session to share
information, and to test proposals
C. Form Focus Groups representing/inviting:
~ Neighborhood organizations
~ Residents and property owners in historic districts
~ Contractors
~ Building supply businesses
3. Input Oriented Process Steps
A. Survey HPC design review applicants, and add survey results to previous data
collected from applicants by the Community and Economic Development staff
Historic Preservation Ordinance
page 4
B. Survey current and past HPC members:
~ Identify perceptions and problems
~ Review and respond to new ordinance/changes and potential/proposed
incentives
C. Survey City staff in the Planning Services, Community and Economic Development,
Building Safety, Housing Services and Fire Departments:
~ Identify perceptions and problems
~ Review and respond to new ordinance/changes and potential/proposed
incentives
D. Obtain input, assistance and review of proposed ordinance changes and incentives
from the State Historic Preservation Office (SHPO)
E. Hold at least two focus groups meetings (Task Force):
~ Identify perceptions and problems
~ Review and respond to new ordinance/changes and potential/proposed
incentives
We look forward to working with the City Council on a review and update of the Historic
Preservation Ordinance.
Sincerely,
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Ken Kringle, Chairperson
Historic Preservation Commission
cc Historic Preservation Commission Members
Michael Van Milligen, City Manager
Laura Carstens, Planning Services Manager
Jim Burke, Community and Economic Development Director
Barry Lindahl, Corporation Counsel
Tim O'Brien, Assistant City Attorney
Pam Myrhe, Associate Planner
Mark Noble, Assistant Planner