Demolition Permits by Neglect - Historic Pres. Comm
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MEMORANDUM
March 28, 2006
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: Demolition by Neglect in Conservation Districts
I respectfully request Mayor and City Council referral to the City Manager of the Historic
Preservation Commission request to extend Demotion by Neglect to Conservation
Districts so a report can be prepared on the impact to staff resources.
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M(chael C. Van Milligen
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Attachment
cc: David Stuart, Chairperson, Historic Preservation Commission
Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Laura Carstens, Planning Services Manager
THE crTY OF ;
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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
~~~
March 24, 2006
The Honorable Mayor and City Council
City of Dubuque
50 W.13th Street
Dubuque, IA 52001
RE: Demolition by Neglect in Conservation Districts
Dear Mayor and City Council Members:
INTRODUCTION
The Historic Preservation Commission has discussed extending Demolition by Neglect
to conservation districts. The staff report and draft ordinance are enclosed for City
Council review and approval.
DISCUSSION
Demolition by Neglect, Section 25-7 of the Dubuque City Code currently prohibits
demolition by neglect only in a historic district or of a landmark or landmark site. A
conservation district is an area identified by City Council that has architectural and
historical significance. Conservation districts were created by the City Council to
provide a review process prior to the demolition of potentially significant structures. The
Commission believes adding Demolition by Neglect to the City Code for Conservation
Districts is consistent with the intent and purpose of conservation districts.
The City Council has created 9 Conservation Districts to help protect 959 significant
structures from being demolished. The Historic Preservation Commission has
recognized the importance of protecting architectural and historical structures located in
conservation districts which are threatened by continuous neglect. The Commission
feels extending demolition by neglect to conservation districts will protect the integrity of
threatened buildings and promote the long term economic health of Dubuque's
architecturally and historically significant structures located in these districts.
Buildin9 Services Manager Rich Russell estimates the impact of enforcing Demolition
by Neglect in Conservations Districts to be significant.
Service
People
Integrity
Responsibility
Innovation
Teamwork
Page 2
REQUESTED ACTION
By a vote of 5 to 0, the Historic Preservation Commission recommends that the City
Council approve the request to incorporate Demolition by Neglect into the Dubuque City
Code for conservation districts.
Sincerely,
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David Stuart, Chairperson
Historic Preservation Commission
Enclosures
cc: Laura Carstens, Planning Services Manager
Rich Russell, Building Services Manager
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~~~
MEMORANDUM
March 7, 2006
TO:
Historic Preservation Commission
FROM:
Laura Carstens, Planning Services Manager
RE:
Demolition by Neglect in Conservation Districts
INTRODUCTION
This memorandum transmits a draft ordinance extending Demolition by Neglect to
Conservation Districts.
DISCUSSION
At the January 19, 2006 Historic Preservation Planning Session, Commissioners
discussed extending Demolition by Neglect to Conservation Districts. Demolition by
Neglect, Section 25-7 of the Historic Preservation Ordinance, currently prohibits
demolition by neglect only in a Historic District or of a landmark or landmark site.
Conservation Districts were created by the City Council to provide a review process
prior to the demolition of potentially significant structures. Adding Demolition by Neglect
to the City Code for Conservation Districts is consistent with the intent and purpose of
these districts.
Issuance and enforcement of demolition permits in Conservation Districts is the
responsibility of the Building Services Department. If Demolition by Neglect is added to
the City Code for Conservation Districts, Building Services Manager Rich Russell
estimates the impact on the Building Services Department to enforce Demolition by
Neglect in Conservation Districts will be significant. Rich Russell's assessment is based
on the age of the buildings and the geographic areas represented.
REQUESTED ACTION
The requested action is for the Historic Preservation Commission to review the draft
ordinance, and then make a recommendation to the City Council.
Enclosure
Cc Rich Russell, Building Services Manager
Tim O'Brien, Assistant City Attorney
Prepared by: laura Carstens. Cilv Planner Address: Cilv Hall 50 W. 13th 51. Telephone: 5894210
Returned to: Jeanne Schneider. Cilv Cieri< Address: Citv Hall. 50 W. 13th St. Telephone: 5894120
ORDINANCE NO. _-06
AN ORDINANCE AMENDING CHAPTER 11 (BUILDING REGULATIONS) OF
THE CITY OF DUBUQUE CODE OF ORDINANCES BY AMENDING SECTION
11-4 DEMOLITION PERMITS IN 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 of Dubuque may establish conservation districts to allow for
the City Council's review of demolition permits that might impact buildings of historic or
architectural significance in these districts; and
Whereas, the City Council has appointed a Historic Preservation Commission to
review demolition permits in conservation districts, and provide recommendations to the
City Council; 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; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 11-4 of the City of Dubuque Code of Ordinances is hereby
amended by adding the following new paragraph (h):
Sec. 11-4. Demolition Permits in Conservation Districts:
(a) Application Of Section: The provisions of this section shall apply to all buildings
located in whole or in part within the following described conservation districts:
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(1) Fourth Street Neighborhood: Beginning at the intersection of Seventh and Bluff
Streets, thence southerly along Bluff Street to its intersection with West Fifth Street;
thence westerly along West Fifth Street to its intersection with the northerly extension of
Raymond Street; thence southerly along Raymond Street and its northerly and
southerly extensions to its intersection with West Third Street; thence easterly along
West Third Street to its intersection with St. Mary's Street; thence southerly along St.
Mary's Street to its intersection with Emmett Street; thence easterly along Emmett
Street to its intersection with Bluff Street; thence southerly along Bluff Street to its
intersection with First Street; thence easterly along First Street to its intersection with
the alley between Bluff and Locust Streets; thence northerly along the alley between
Bluff and Locust Streets to its intersection with West Fifth Street; thence easterly along
West Fifth Street to its intersection with Locust Street; thence northerly along Locust
Street to its intersection with Seventh Street; thence westerly along Seventh Street to its
intersection with Bluff Street which is the point of beginning.
(2) Fenelon Place Neighborhood: Beginning at the intersection of West Fifth and Burch
Streets, thence southerly along Burch Street to its intersection with West Third Street;
thence easterly along West Third Street to its intersection with the southerly extension
of Raymond Street; thence northerly along Raymond Street and its southerly and
northerly extensions to its intersection with West Fifth Street; thence westerly along
West Fifth Street to its intersection with Burch Street which is the point of beginning.
(3) Third Street Neighborhood: Beginning at the intersection of West Third and Hill
Streets thence southwesterly along Hill Street to its intersection with Langworthy Street;
thence northwesterly along Langworthy Street to its intersection with Alpine Street;
thence northeasterly along Alpine Street to its intersection with West Third Street;
thence northwesterly along West Third Street to its intersection with Nevada Street;
thence northeasterly along Nevada Street to its intersection with West Fifth Street;
thence southeasterly along West Fifth Street to its intersection with Alpine Street;
thence southerly along Alpine Street to its intersection with Melrose Terrace; thence
southeasterly along Melrose Terrace and its southeasterly extension to its intersection
with Winona Street; thence southwesterly along Winona Street to its intersection with
West Third Street; thence southeasterly along West Third Street to its intersection with
Hill Street which is the point of beginning.
(4) Washington Street Neighborhood: Beginning at the intersection of Sixteenth and
Washington Streets thence westerly along Sixteenth Street to its intersection with
Jackson Street; thence northerly along Jackson Street to its intersection with Eighteenth
Street; thence westerly along Eighteenth Street to its intersection with Central Avenue;
thence southerly along Central Avenue to its intersection with Fourteenth Street; thence
easterly along Fourteenth Street to its intersection with Washington Street; thence
northerly along Washington Street to its intersection with Sixteenth Street which is the
point of beginning.
(5) Jackson Park Neighborhood: Beginning at the intersection of Fourteenth Street and
Central Avenue thence westerly along Fourteenth Street to its intersection with Iowa
Street; thence southerly along Iowa Street to its intersection with Tenth Street; thence
westerly along Tenth Street to its intersection with Bluff Street; thence northerly along
Bluff Street to its intersection with Locust Street; thence northwesterly along Locust
Street to its intersection with Ellis Street; thence northerly along Ellis Street and its
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northerly extension to its intersection with Clarke Drive; thence northwesterly along
Clarke Drive to its intersection with Paul Street; thence northeasterly along Paul Street
to its intersection with Lowell Street; thence southeasterly along Lowell Street to its
intersection with North Main Street; thence southerly along North Main Street to its
intersection with Clarke Drive; thence southeasterly along Clarke Drive and its
southeasterly extension to its intersection with Central Avenue; thence southerly along
Central Avenue to its intersection with Fourteenth Street which is the point of beginning.
(6) West Eleventh Street Neighborhood: Beginning at the intersection of Ninth and Bluff
Streets thence westerly along Ninth Street to its intersection with University Avenue;
thence westerly along University Avenue to its intersection with Spruce Street; thence
northerly along Spruce Street to its intersection with West Eleventh Street; thence
westerly along West Eleventh Street to its intersection with Walnut Street; thence
northerly along Walnut Street to its intersection with Loras Boulevard; thence westerly
along Loras Boulevard to its intersection with Cox street; thence northerly along Cox
Street to its intersection with the westerly extension of West Sixteenth Street; thence
easterly along West Sixteenth Street and its westerly extension to its intersection with
Montrose Terrace; thence northerly along the northeasterly extension of Montrose
Terrace to its intersection with West Locust Street; thence southeasterly along West
Locust Street to its intersection with Bluff Street; thence southerly along Bluff Street to
its intersection with Ninth Street which is the point of beginning.
(7) Broadway Street Neighborhood: Beginning at the intersection of West Twenty-third
Street and Central Avenue thence westerly along West Twenty-third Street to its
intersection with Lewis Street; thence northwesterly along Lewis Street to its
intersection with Fulton Street; thence northerly along Fulton Street to its intersection
with King Street; thence easterly along King Street and its easterly extension to its
intersection with Central Avenue; thence southerly along Central Avenue to its
intersection with West Twenty-third Street which is the point of beginning.
(8) Downtown Neighborhood: Beginning at the intersection of White Street and Eleventh
Street, thence southerly along White Street to its intersection with Fifth Street; thence
easterly along Fifth Street to its intersection the railroad tracks; thence easterly along
the railroad tracks to their intersection with the Mississippi River; thence southerly along
the riverfront across the Ice Harbor to the eastern terminus of First Street; thence
westerly along First Street to its intersection with U.S. Highway 61/151; thence southerly
along U.S. Highway 61/151 to its intersection with the Locust Street Connector; thence
westerly along the Locust Street Connector and across Locust Street to Jones Street;
thence westerly along Jones Street to its intersection with Bissell Lane; thence northerly
along Bissell Lane extended to First Street; thence westerly along First Street to its
intersection with Bluff Street; thence northerly along Bluff Street to its intersection with
Fifth Street; thence easterly on Fifth Street to its intersection with Locust Street; thence
northerly on Locust Street to its intersection with Seventh Street; thence westerly on
Seventh Street to its intersection with Bluff Street; thence southerly on Bluff street to its
intersection with Fifth Street; thence westerly along Fifth Street to the bluff line; thence
northerly along the bluff line to Ninth Street; thence easterly along Ninth Street to its
intersection with Bluff Street; thence northerly along Bluff Street to its intersection with
Tenth Street; thence easterly along Tenth Street to its intersection with Iowa Street;
thence northerly along Iowa Street to its intersection with Fourteenth Street; thence
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easterly along Fourteenth Street to its intersection with White Street, thence southerly
along White Street to its intersection with Thirteenth Street, thence westerly along
Thirteenth Street to its intersection with Central Avenue, thence southerly along Central
Avenue to its intersection with Eleventh Street, thence easterly along Eleventh Street to
its intersection with White Street, which is the point of beginning.
(9) Brewery Neighborhood: Lot 2-7 of Mineral Lot 322, Lot 1-1- 3- 8 of Mineral Lot 322,
and Lot 2-1 of Liebe's Subdivision No.3 in the City of Dubuque, Iowa.
(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 eaming a reasonable economic retum on the property.
If the commission finds that denial of the application would prevent the property owner
from eaming 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:
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(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.
(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 architecturallhistorical surveys/evaluations and nominations
to the National Register of Historic Places prepared for any buildings located within the
neighborhoods described in subsection (a) of this section 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.
(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 the owner
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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 city council to make a
determination as to whether the property does or may yield a reasonable economic
retum 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 eam a
reasonable economic retum from the property in its current condition, and after
renovation of the existing property for continued use; and
(14) A statement ofthe 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.
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;
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(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.
(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 shalt 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 shalt 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 shalt 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
eaming a reasonable economic retum on the property and that the building has
historical or architectural significance to the community, the city council shalt 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 alt 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 alt 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.
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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.
(g) Process For Establishment, Expansion Or Alteration Of Conservation District: Any
person may make a request to the city council for establishment, expansion or alteration
of a conservation district. The process for establishment, expansion or alteration of a
conservation district shall be as follows:
(1) A written request for the establishment, expansion or alteration of a conservation
district shall be submitted to the city clerk. At its next regular meeting following receipt of
the request by the city clerk, the city council may approve or deny the request, set the
request for consideration at a subsequent meeting, set the request for a public hearing,
or refer the request to the commission for a recommendation before voting on the
request.
If the city council considers the request at a public hearing, a notice of the date, time
and location of the hearing shall be published in accordance with Iowa code section
362.3.
The city council may also direct the city clerk to mail a notice of the date, time and
location of the meeting at which the city council will consider the request to the property
owners of record in the district.
If the city council refers the request to the commission, the city council may also direct
the secretary of the commission to mail a notice of the date, time and location of the
meeting at which the commission will consider the request to the property owners of
record in the district.
(2) At its next regular meeting, if a referral is made to it by the city council, the
commission shall review the request, and make a recommendation to the city council to
approve or deny the request, or to table the request for additional information for a
specified period not to exceed sixty (60) days. A failure of the commission to take action
on the request 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.
In determining whether to recommend approval or denial of the request, the commission
shall consider whether the proposed conservation district, or the expansion or alteration
of the district, has historic or architectural significance to the community.
(3) At its next regular meeting following receipt of the recommendation of the
commission by the city clerk, the city council shall approve or deny the request.
(h) Demolition By Neglect Prohibited: The owner of real property in any
conservation district shall preserve and keep from deterioration all buildings and
structures located on such real property. The owner shall repair the building or
structure to correct any of the following defects found by the city's designated
enforcement officer:
(1) Parts which are improperly or inadequately attached 80 that they may fall and
injure persons or property;
(2) A deteriorated or inadequate foundation;
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(3) Defective or deteriorated floor supports or floor supports that are insufficient
to carry the loads imposed;
(4) Walls, partitions or other vertical supports that split, lean, list or buckle due to
defect or deterioration or are insufficient to carry the load imposed;
(5) Ceilings, roofs, ceiling or roof supports, or other horizontal members which
sag, split, or buckle, due to defect or deterioration or are insufficient to support
the load imposed;
(6) Fireplaces and chimneys which list, bulge or settle due to defect or
deterioration or are of insufficient size or strength to carry the loads imposed;
(7) Deteriorated, crumbling or loose exterior stucco or mortar;
(8) Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations
or floors, including broken windows and doors;
(9) Defective or lack of weather protection for exterior wall coverings, foundations
or floors, including broken windows and doors;
(10) Any default, defect or condition in the structure which renders it structurally
unsafe or not properly watertight;
(11) Accumulations of weeds, fallen trees or limbs, debris, abandoned vehicles,
and other refuse;
(12) Deterioration of any exterior feature so as. to create a hazardous condition
which could make demolition necessary for the public safety; or
(13) Deterioration or removal after the effective date hereof of any unique
architectural feature which would detract from the original architectural style.
Section 2. This ordinance shall take effect immediately upon publication, as
provided by law.
Passed, approved and adopted this
day of
,2006.
Roy D. Suol, Mayor
Attest:
Jeanne F. Schneider, City Clerk
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