Garfield Pl Urban Revite Area Amendment
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MEMORANDUM
December 13, 2005
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: Amended and Restated Garfield Place Urban Revitalization Area Plan
Housing and Community Development Department Director David Harris recommends
City Council approval to amend and restate the existing Garfield Place Urban
Revitalization Area Plan to add two adjoining lots to allow property tax exemption for a
proposed 12-room single-room occupancy facility at 601 Garfield Avenue and extends
the duration of the plan. It is further recommended that a public hearing be set for
February 6, 2006.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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Michael C. Van Milligen
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Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
David Harris, Housing and Community Development Department Director
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MEMORANDUM
December 8,2005
TO: Michael ~~n Milligen, City Manager
FROM: David Hartis, Housing and Community Development Department
SUBJECT: Amended and Restated Garfield Place Urban Revitalization Area Plan
Introduction
This memorandum recommends that the City Council review and approve a resolution to
amend and restate the existing Garfield Place Urban Revitalization Area Plan. The
amended plan will add two adjoining lots to allow property tax exemption for a proposed
12-room single-room occupancy (SRO) facility at 601 Garfield Avenue and extends the
duration of the plan.
Background
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.
In order to implement the provisions of Chapter 404, the City must prepare a revitalization
plan for each designated area and hold at least one public hearing after proper notice.
The law mandates specific criteria and procedures that must be followed.
The City Council approved the Garfield Place Urban Revitalization Area Plan on October
20, 2000. The plan provided for urban revitalization tax exemption for the construction of a
19-unit single room occupancy (SRO) building at 511 Garfield Avenue. The plan was
amended in 2002 to include the property at 513 Garfield to allow construction of another
19 unit SRO and amended in 2004 to to allow construction of a 12 unit SRO at 521
Garfield.
Discussion
The amendment adds 525/527Garfield and 601 Garfield to the Garfield Place Urban
Revitalization Area and extends the duration of the plan for 3 years. The proposed project
includes demolition of an existing vacant 11 unit SRO and construction of a fourth SRO
with rooms for 12 low-moderate income men at 601 Garfield Avenue. 525/527 Garfield
contains a mixed residential/commercial building which will remain and no tax exemption
will be provided. Davis Place LLC, contract owner of 601 Garfield, has applied to the Iowa
Department of Economic Development for HOME Program funds for a $600,000 forgivable
loan. They are requesting the urban revitalization tax exemption to ensure the feasibility of
the project.
There are currently19 residents at 511 Garfield Avenue, 19 residents at 513 Garfield and
12 residents at 521 Garfield. 601 Garfield has been vacant for two years.
The amended and restated plan will add the adjoining lots to the district and allow for new
construction, an improvement for which property tax exemption will be requested. The
original Garfield Place Urban Revitalization Area Plan also provided for new construction,
which has been completed and tax exemption received.
Chapter 404 provides for a public comment period prior to the adoption of an urban
revitalization plan. Additionally, the City's Code of Ordinances requires comment by the
Long Range Planning Commission on any urban revitalization plan. Based upon these
requirements, the Council is requested to set a public hearing for February 6 2006 that will
provide a 30 day comment period on the amended plan. The property owner and tenants
will be notified. The Long Range Planning Commission will review the plan at their
December 21st meeting.
At the public hearing, the Council will be able to approve the plan and pass a first reading
of an ordinance designating the property as an urban revitalization area. A second hearing
must be held only if the City receives within the thirty days a valid petition from at least ten
percent of owners or tenants within the designated revitalization area. If such a petition is
submitted, the City Council may set a second public hearing and proceed to act upon the
proposed Plan following that hearing. If no such petition is presented, the City Council may
simply adopt the proposed plan following the thirty-day period.
Recommendation
I recommend that the City Council approve the attached resolution directing the amended
and restated Garfield Place Urban Revitalization Plan to be set a public hearing February
6, 2006. At the public hearing an ordinance can be adopted which directs the City Clerk to
publish the ordinance following the 30 day period if no valid petition for a second hearing
is filed. This will expedite the process for the developer.
Action Requested
The Action Step is for the City Council to adopt the attached resolution.
Prepared by: Aggie Tauke, Community Development Specialist
F:\Users\ATAUKE\Urban Revite\Garfield Place\GarfPlace.extmemo.03.doc
RESOLUTION NO. 548-05
A RESOLUTION SETTING A PUBLIC HEARING ON A PROPOSAL TO
AMEND CITY OF DUBUQUE ORDINANCE 7-2004 ESTABLISHING THE
AMENDED AND RESTATED GARFIELD PLACE URBAN REVITALIZATION
AREA AS AN URBAN REVITALIZATION AREA PURSUANT TO CHAPTER
404 OF THE CODE OF IOWA
Whereas, the City of Dubuque Ordinance No_ 82-2000 established the Garfield
Place Urban Revitalization Area; and
Whereas, the City of Dubuque Ordinance No_ 38-2002 established the Amended
and Restated Garfield Place Urban Revitalization Area; and
Whereas, the City of Dubuque Ordinance No_ 7- 2004 established an Amended
and Restated Garfield Place Urban Revitalization Area; and
Whereas, two 19 room single room occupancy (SRO) have been constructed at
511 and 513 Garfield and a 12 room SRO at 521 Garfield in the Garfield Place Urban
Revitalization Area; and
Whereas, due to the request by Davis Place LLC, owner, to extend the district
and construct another 12 room single room occupancy (SRO), an amendment to the
Garfield Place Urban Revitalization Area Plan is necessary; and
Whereas, the area proposed for the amended and restated designation under the
Urban Revitalization Act is an economic development area appropriate for housing and
residential development as defined by Section 403_17 of the Iowa Code; and
Whereas, Chapter 404 of the Code of Iowa provides that a public hearing shall
be held on any proposed amendment of an Urban Revitalization Area Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the rehabilitation, redevelopment and economic development of
the hereinafter described area is found to be necessary in the interest of the public
health, safety and welfare of the residents of the City, to wit:
Lot 1, Lot 2 and Lot 3 of Davis Place II, Lot 1 and Lot 2 Scharle Subdivision and
Lot 1 of Cook's Addition in the County of Dubuque, City of Dubuque, Iowa,
according to the recorded plat thereof, commonly known as 511, 513, 515 and
521, 525/527 and 601 Garfield Avenue.
Section 2. That the Amended and Restated Garfield Place Urban Revitalization
Area Plan as proposed meets the eligibility criteria of Chapter 404.1 of the Code of
Iowa, 2001.
Section 3. That the proposed Amended and Restated Garfield Place Urban
Revitalization Area Plan attached hereto, shall be a matter of record and shall be
available for pubic inspection in the office of the City Clerk at City Hall, 50 West 13th
Street, Dubuque, Iowa.
Section 4. That the City is authorized and directed to submit the Amended and
Restated Garfield Place Urban Revitalization Area Plan to the City's Long Range
Planning Advisory Commission for review and comment; and
Section 5. That the City Clerk is directed to publish notice of a public hearing on
the Amended and Restated Garfield Place Urban Revitalization Area Plan to be held
on February 6,2006 at 6:30 p.m. in the Carnegie Stout Library Auditorium, 360 West
11th Street, Dubuque, Iowa 52001; and
Section 6. That the owners of record and tenants living within the proposed area
will be notified by the thirtieth day prior to the public hearing.
.
Passed, approved and adopted this 19th day of December 2005.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
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Amended .nd Re.hted December 2005
Introduction
The State of Iowa Urban Revitalization Act, Code of Iowa, Chapter 404, authorizes
cities to designate an area of the City as a revitalization area. Improvements to
qualified real estate within these designated areas may then become eligible for an
exemption from property taxes for a specified number of years. To implement the
provisions of the Act, the City must prepare a revitalization plan for each designated
area. This document is the plan addressing the requirements of the Act for an area to
be known as the "Garfield Place" Urban Revitalization Area, as amended.
Area eligibility criteria
The City Council has determined that this area is eligible for designation as a
revitalization area as it meets one of the criteria outlined in Iowa Code. Specifically,
the City Council has found this area to qualify as an economic development area as
defined by Section 403.17 of the Iowa Code. This definition includes housing
development where there is an inadequate supply of affordable, decent and safe
housing and the provision of that housing will help to retain or attract industry or meet
the needs of the elderly or disabled or of a population which may not be adequately
served.
Designating this area as an Urban Revitalization Area will assist the provision of
housing to a population which is not adequately served. The proposed Single Room
Occupancy facilities will provide single men with decent housing at affordable rent.
The property tax exemption will make this project feasible.
Legal description
The property to be included in the Garfield Place Revitalization Area is located at 511,
513, 515, 521,525/527 and 601 Garfield, legally described as:
Lot 1, Lot 2 and Lot 3 of Davis Place II, Lot 1 and Lot 2 Scharle Subdivision, and
Lot 1 of Cook's Addition in the County of Dubuque, City of Dubuque, Iowa,
according to the recorded plat thereof.
A map of the area boundaries is attached as Exhibit A.
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Current assessed value
The current assessed valuation for the property as 2005 is as follows:
511 Garfield - $31,700 in total, which is $25,700 for the land and $6000 for the
building, with an additional exemption of $312,200 for the building.
513 Garfield - $20,200 for the land in total, with an additional exemption of
$315,800 for the building.
515 Garfield - $93,900in total, which is $12,200 for the land and $81,700 for the
building.
521 Garfield - $41,200 in total, which is $12,000 for the land and $29,200 for the
building.
525/527 Garfield- $116,900 in total, which is $12,200 for the land and $104,700
for the building.
601 Garfield- $73,800 in total, which is $10,600 for the land and $63,200 for the
building.
Property ownership
The current property owner within the area, as of December 11, 2003 is:
511, 513,515 and 521 Garfield is owned by Davis Place LLC, 511 Garfield
Dubuque, IA.
525/527 Garfield is owned by Theodore N. and Betty L. Stackis, 527 Y. Garfield
Avenue, Dubuque, IA
601 Garfield is owned by Loras G. Boge, with contract to Davis Place LLC, 511
Garfield Avenue, Dubuque, IA
Existing zoning classification
The existing zoning as December 5,2005 is OR (Office Residential) for the entirety of
the property within the boundaries of the proposed Urban Revitalization Area.
The zoning was changed at 511 Garfield from R-2A (Alternate Two-Family Residential
district) on May 1, 2000, to allow for the construction of the existing 19 room facility.
513 and 515 Garfield were rezoned from R-2A on January 21, 2002. The zoning was
changed at 521 Garfield from R-2A on November 17, 2003. The Zoning Board of
Adjustment approved variances on October 27,2005 for 601 Garfield to allow a 12
room Single Room Occupancy (SRO) with office with a deficit of 5 off-street parking
spaces and 7 feet from the front property line
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Existing and proposed land use
A 19 room single room occupancy (SRO) facility for low- and moderate-income men
was constructed in November 2000 at 511 Garfield, a second 19 room SRO
constructed at 513 Garfield on June 2002, and a 12 room SRO constructed at 521
Garfield in 2004. Rents are limited by HUD income levels for low/moderate income
residents.
515 Garfield contains a single family home which will remain. 525/527 Garfield is
currently a mixed residential/commercial building which will remain. 601 Garfield is
currently a vacant 11 room SRO facility will be demolished and a new 12 unit SRO
constructed with limited rents as established for the other three SRO facilities.
City services
There are no current plans to expand or improve City services to this area. Currently
the area enjoys the same level of City services as most other areas of the City.
Exemption details
Only residential property, assessed as commercial and consisting of three or
more separate living quarters with at least seventy-five percent of the space
used for residential purposes will be eligible for property tax exemption. This will
assist the Single Room Occupancy (SRO) housing facilities that will provide
single men with decent housing at affordable rent, a population which is not
adequately served. The property tax exemption will make these projects feasible
"Qualified real estate" means real property other than land, which is located in a
designated revitalization area and to which improvements have been added,
during the time the area was so designated, which have increased the actual
value by at least fifteen percent.
"Qualified real estate" also means land upon which no structure existed at the
start of new construction, which is located in a designated revitalization area and
upon which new construction has been added during the time the area was so
designated.
Property tax exemption shall be available only for 'improvements'
"Improvements" include new construction on vacant land.
"Actual value added by improvements" means the actual value added as of the
first year for which the exemption was received.
Any improvements that were assessed before the area was officially designated
will not be eligible for exemption. Improvements begun prior to one year prior to
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the area becoming designated will not be eligible for exemption.
Improvements must result in that structure meeting applicable building code
requirements of the City of Dubuque.
The actual value of the improvements must result in an increase in assessed
value by at least fifteen percent. Each year that an application is made for tax
exemption, the assessed value must have increased in that year by at least
fifteen percent.
The property tax exemption schedule, in accordance with 1999 Code of Iowa,
Chapter 404.3 Subsection 4, is as follows:
A ten-year, 100% exemption of the actual value added by the
improvements.
The designation of the amended and restated Garfield Place Urban
Revitalization Area will remain in effect only until the area is fully redeveloped or
for three years, whichever occurs first. Upon repeal or expiration of the
ordinance establishing the revitalization area, all existing exemptions would
continue until their previously established expiration date.
Industrial revenue bonds
There are no plans to issue industrial revenue bonds for revitalization projects in this
area.
Relocation
Relocation will not be necessary since the property at 601 Garfield has been vacant for
the past two years. The property at 525/527 Garfield will not be affected.
Anticipated grant or loan programs
The project at 511 Garfield was funded through the Housing Trust Fund $200,000
forgivable loan (Local Housing Assistance Program - Iowa Department of Economic
Development). Additional funding of $300,000 was provided through a conventional
bank loan.
The project at 513 Garfield was funded through the Housing Trust Fund $250,000
Forgivable Loan through the Iowa Department of Economic Development. Additional
funding of $250,000 was received through a conventional bank loan.
The project at 521 Garfield received Iowa Department of Economic Development
HOME Program funds in the amount of $ 550,000.
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The project at 601 Garfield has requested Iowa Department of Economic Development
HOME Program funds in the amount of $ 600,000.
Conclusion
The Amended and Restated Garfield Place Urban Revitalization Area will assist the
redevelopment efforts of deteriorated property which will provide for four buildings for
Single Room Occupancy housing (males only) for the citizens of Dubuque. Two
existing buildings contain 19 tenants each, one contains 12 tenants and the new SRO
building will provide housing for 12 occupants. After the ten-year property tax
exemption period elapses, the full assessed value of the properties will revert to the tax
rolls to the benefit of the entire community.
This area, upon designation, will follow the procedures for application and granting of
the property tax exemption within the City of Dubuque.
Application procedure
1. The property owner must apply for an exemption by February 1 st of the
assessment year for which the exemption is first claimed, but not later than the
year in which all the improvements are first assessed for taxation. Upon the
request of the owner, the governing body of the City may provide by resolution
that the owner may file an application no later than February 1 of the tenth
assessment year.
2. The application must contain, at a minimum, the following:
a. The nature of the improvements,
b. The cost of the improvements,
c. The actual or estimated date of completion, and
d. The tenants living on the property as of the date of the City's
resolution adopting this plan.
3. The property owner has the option of submitting a proposal for an
improvement project to the City prior to submitting a formal application. If the
proposed project is in conformance with the revitalization plan, the City Council
shall, by resolution, give preliminary approval of the project. Such preliminary
approval shall not entitle the owner to exemption until the improvements have
been completed and found to be qualified. If the proposal is rejected, the owner
may submit an amended proposal.
4. The City reviews all applications to determine whether the improvement
project conforms to the revitalization plan, is within a designated area, and if the
improvements were made during the appropriate time period. If the project
meets all three criteria, the City shall forward the application to the assessor by
March 1st, with a statement as to which exemption applies. Applications for
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exemptions for succeeding years on approved projects shall not be required.
5. The local assessor shall review each application by making a physical review
of the property, to determine if the improvements made increased the actual
value of the qualified real estate by at least fifteen percent or ten percent in the
case of real property assessed as residential property. If the assessor
determines that the actual value of that real estate has increased by at least the
requisite percent, the assessor shall certify the property valuation, determined
pursuant to the tax exemption schedule, to the County Auditor at the time of
transmitting the assessment rolls. The assessor shall notify the applicant of the
determination, and the assessor's decision may be appealed to the local board
of review at the time specified in Iowa Code. The property owner may also refile
an application in a subsequent year after additional improvements have been
made.
6. After the tax exemption is granted, the assessor shall continue to grant the
tax exemption, with periodic physical review by the assessor, for the ten-year
time period specified in the tax exemption schedule.
7. An application for exemption received by February 1 in any year after the
year in which the improvement was completed and first assessed for taxation, is
a late application. Late application may be made in any year up to the tenth
year following completion of the improvement. The exemption period will be the
remainder of the ten year period, which began upon completion of the
improvement, except the total number of years in the exemption schedule will be
allowed if a claim for exemption is filed within two years of the February 1 filing
deadline.
EXHIBIT A (Map)
F:\Users\A.TAUKE\Urban Revite\Garfiefd Place\Garfield PlaceAmd.05.doc
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N
A
D
Garfield Place
Urban Revitalization Area
Proposed Addition
AMENDED AND RESTATED
GARFIELD PLACE
URBAN REVITALIZATION AREA
PROPOSED LOCATION:
525/527 Garfield and 601 Garfield
LEGAL DESCRIPTION:
LOT 1 of Scharle Subdivision and
LOT 1 of Cook's Addition
ZONING:
OR - Office Residential
A
EXISTING LOCATION:
511,513,515 and 521 Garfield
LEGAL DESCRIPTION:
LOT 1, 2 & 3 of Davis Place II and
LOT 2 of Scharle Subdivision
ZONING:
OR - Office Residential