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Comprehensive Bluff Plan RecommendationsPlanning Services Departrnent City Hall 50 West 13~ Street Dubuque, IA 52001-4864 (563) 589-4210 phone (563) 589-4221 fax (563) 690-6678 TDD planning~cityofdubuque.org THE CITY OF C Dubuque DuB E Masterpiece on the Mississippi ' ~ ~ I 2007 November 13, 2007 The Honorable Mayor and City Council Members City of Dubuque City Hall - 50 W. 13th Street Dubuque IA 52001 Description: Comprehensive Bluff Plan and Recommendations Dear Mayor and City Council Members: The City of Dubuque Zoning Advisory Commission has reviewed the Comprehensive Bluff Plan and recommendations from the Bluffland Advisory Committee. The Bluffland Report and related materials are attached for your review. Discussion Planning Services Manager reviewed the Comprehensive Bluff Plan and recommendations from the Bluffland Advisory Committee. She also reviewed City staff's concerns with the Committee's recommendations. The Zoning Advisory Commission discussed the Comprehensive Bluff Plan and recommendations. Issues, comments and concerns expressed by the Commission were: • Regulating the bluffs is a difficult issue; however, the recommendations were onerous, too extreme and represented overkill. • The recommendations could simply tighten up bulk standards and limit the height of non- single family homes, commercial buildings, and large scale development. • The City could preserve existing parkland and possibly create more. • The language was too vague without enough specificity. • Concerns with the expansion of the bluff to include extra areas outside of the bluffs that run parallel to the Mississippi River. • The existing built environment adds to the character of the bluffs. • Concerns with potential for the recommendations to limit property owners along the bluff to develop their property. • The plan seems to be adding a level of bureaucracy that is not necessary. • The bluffs are unique for the very reason that they are developed with a diverse building stock. • Adequate rules were already in place to regulate the bluffs. • The City permitted two large bluff developments and now, in response, the City is considering regulating single-family property owners from expanding. • Being too restrictive on existing property owners. Service People Integrity Responsibility Innovation Comprehensive Bluff Plan and Recommendations Page 2 Recommendation The Zoning Advisory Commission recommends that the City Council provide direction to the Commission and the Bluffland Advisory Committee regarding the format, the roles and the expectations for participation by the Commission and the Committee at the joint work session on November 26, 2007. Respectfully submitted, Eugene Bird Jr., Chairperson Zoning Advisory Commission Attachments F:\USERS\Kmunson\WP\City Council\CC 11_19_07\Comp Bluff Plan 11_19_07 CC Itr.doc Service People Integrity Responsibility Innovation Teamwork GOALS AND OBJECTIVES Goals and Objectives Once the survey instrument was completed and tabulated, the City and JEO held a workshop meeting with the Bluffland Advisory Committee on February 13, 2007. During this meeting, the results of the survey were distributed and discussed. Then the City went through an exercise with the Committee to better understand what was important and what the different members of the group were interested in seeing the City balance preservation and development. As part of that exercise City staff asked four specific questions. These questions are as follows: 1. WHERE should the protection of the bluffland extend? 2. WHAT properly should be protected: Please list those areas, parcels, structures, views to be protected. 3. HOW should the area be protected? Should there be minimum standards, PUD, Overlay District, etc? 4. WHY should the bluffland and these identified areas be protected? The responses to the questions provided some additional input and clarification of what was expected in these areas. The following consists of the summary from each question. In some cases, similar answer may have been combined in order to provide a more concise listing. The input is shown in conjunction with the specific question. Question 1: WHERE should the protection of the bluffland extend? • Extend to Gateways - South-61/151 - West/East -Highway 20 - North -Highway 3/52 - Wisconsin -Highway 151 • Thoroughfares - University Avenue from downtown - 32°d Street - 22°d Street - Rhomberg Avenue - West Locust - Loras Blvd. - 3`d Street • Western Limit -Grandview Avenue? • Relevant parks/public space in the bluff areas - e.g. Mines of Spain/Catfish Creek (those where bluffs are)• • Bluffland -remaining undeveloped blufflands along the river (undisturbed or minimally disturbed - e.g. area between Four Mounds and Eagle Point Park) • Relevant historic district areas (those including or near bluffs or vistas) • 150 feet from all ridge lines and toe lines along the bluffs • R-1 and R-2 stay as is or new guidelines need to be addressed • City owned needs to stay city owned -green space, open space • No selling off parks or green space • Setback from edge: - Grandfather existing - New development or redevelopment -new regulations for setbacks • What is an edge? No altering of existing bluff face • All bluffs visible from or on the river (within 1.5 miles) or from a highway (gateways) • Areas along the river/river vista and "gateway" areas into and out of the City (Highway 20/Highways 151/52 South) BLUFFLAND REPORT • DUBUQUE, IOWA ' 2007 3O GOALS AND OBJECTIVES Question 2: WHAT property should be protected? • Remaining b1uflland along the river (not developed) • Undisturbed or minimally disturbed bluffland • Green space, historical, all black lines with setback of 150 feet, pazks • Undeveloped bluff areas should remain natural and undeveloped. New development should be limited to existing height, density aesthetics. Example: natural prairie above and below the bluffland • All property defined "bluffland" within the city limits -not only along the river, but interior areas - e.g. Kaufmann Avenue. Need to define "bluffland" Question 3: HOW should the area be protected? Should there be minimum standards, PUD, Overlay District, etc? • There should be maximum limitations • Public vistas, fencing/walls, signage, structures, landscaping (parking lots, natural features - e.g. bluff and vegetation, lighting and traffic signals, controlling massing, scale, height) • Public acquisition of private space and restrictive covenants/easements • Use ecologically friendly standards for development in natural/blufllands • Should there be minimum standards -yes; PUD -needs to go to the vote of people • Vistas, public access, height, signage, lighting. Environmental impact • Design standards for protected azea. Control height and density of construction, aesthetics and proximity, etc • Through height and design limitations/restrictions/guidance to ensure that development is compatible to the surrounding environment and existing structures/uses/development • All "bluffland" property zoned as PUD -with additional restrictions, such as historic preservation regulations, zoning and building restrictions -structure heights, setbacks, scenic views, green areas, natural heritage and land conservation Question 4: WHY should the bluffland and these identified areas be protected? • Dubuque as a unique community that's eastern side is defined by both environmental and historic features, should be protected and preserved from the inappropriate development. By creating an ordinance that provides unbiased set of guidelines and regulations, it treats citizens equally and fairly, rather than spot zoning or reacting with ad-hoc reactions to particular proposals. • Quality of life, stewardship for future generations, beauty, aesthetics, tourism, business, flood control, traffic/congestion/spiritual and sacred connection to our ancestors. • The scenic and natural bluffs are a defining element of Dubuque and should be preserved for all citizens and visitors, now and in the future. • Idea -create more natural pazk/bluff area through purchase of available property -the steep bluff, treed area. • To preserve the historic, environmental, and natural chazacter that is uniquely representative of Dubuque, for residents, in the city and visitors to enjoy/experience. • All 'reasons outlined under "A" and "B" on the agenda. Also require environmental impact statement on the undeveloped development. • Bluff itself is an "endangered species". • There should be maximum limitations The answers from these questions along with the answers from the survey were critical to the development of the goals in this report. The established goals will then be used to develop a strategy for protecting the areas defined as bluffland. Goals and Objectives Goals are broad-based statements of the ultimate result of the change being undertaken. Goals are desires, necessities, and issues to be attained in the future and should be established in a manner that allows it to be accomplished. Goals are the end-state of a desired outcome which plays a factor in the establishment of policies within a community. In order to attain certain goals, the objectives and/or policies, the City goals may need to be modified or changed from time to time. BLUFFLAND REPORT • DUBUQUE, IOWA • 2007 31 GOALS AND OBJECTIVES Objectives are the steps and means by which the overall goals are achieved. An objective is also something that is measurable and within a specific time period. The following are a set of goals and objectives for the Bluflland Area and are not in any prioritized list. Goal 1 Protect the bluff areas of Dubuque. Objective 1.1 Develop a set of design guidelines that will assist in protecting the aesthetics of the bluff in the future. Objective 1.2 Establish the limits and locations of the protection areas within Dubuque. Objective 1.3 Establish bulk standards that will aid in limiting the massing and height of future developments and structures. Objective 1.4 Protect the views and view sheds of the bluffs from the river valley north and south of the downtown area. Objective 1.5 Protect the stability of the bluffs. Goa12 Retain the existing park areas and public open spaces within the blufjareas of Dubuque. Objective 2.1 Place existing park land within the bluff areas into some form of conservation easement and/or foundation in order to protect it from future development. Objective 2.2 The City should consider purchasing additional property within the bluffs, especially land adjacent to existing parks for future park and open space expansion. Goal 3 Maintain the character of the bluffs, combining the existing conditions and the historic perspective of the area. Objective 3.1 Educate the public on the historic nature and preservation of the bluffs. Objective 3.2 Document Types and locations of trees, shrubs and other vegetation that are native and/or invasive to Dubuque and/or eastern Iowa. Objective 3.3 Work with an arborist to develop a tree and vegetation program that focuses on preserving and/or re- introducing natural species and provides guidelines for future removal and replanting of trees and vegetation. Objective 3.4 Provide property owners in the bluffs with the proper education/assessment/resources to maintain their property. BLUFFLAND REPORT' DUBUQUE, IOWA • ZOO7 32 GOALS AND OBJECTIVES Goal 4 Bluff regulations must balance property owner's rights with the needs ojthe community. Objective 4.1 Protect bluffs with all possible existing regulations, City, State, and Federal, when possible; otherwise a new overlay district needs to be drafted. Objective 4.2 Establish a funding mechanism where public and private funds can be used for the future purchase of conservation easements. BLUFFLAND REPORT 'DUBUQUE, IOWA ' 2~~~ 33 APPENDIX Public accessibility Riverfront heritage Maintain historic character Retail development opportunity No uniqueness to Dubuque Environmental protection Limited development Controlled development 4. In relation to the Bluff area, which of the following statements apply to you (please check all that apply): Own property Live in the area Work in the area Operate a business Land developer Live outside of area but are concerned about the Bluff area Travel through area regularly None of these apply 5. Indicate on a scale of 1-10 what you feel is most important when establishing land use regulations for the Bluff area? 1---------------2---------------3 ---------------4---------------5---------------6---------------7---------------8---------------9---------- -----10 Preservation Development Please utilize the space below to add additional comments. BLiJFFLAND REPORT • DUBUQUE, IOWA ' 200 42 UNIFIED DEVELOPMENT CODE Bfuffland Advisory Committee 03 07 07 Member Affiliation Dan Boge General Public John Brennan General Public Mike Buelow k Developers' Roundtable Key Community Stakeholder, Langworthy District Neighborhood Assn. e Mike Bur Sr. Mary Lou Caffery, BVM Theresa Caldwell General Public Key Community Stakeholder, Washington Neighborhood Assn. Rodney Carroll Historic Bluffs Neighborhood Assn. Key Community Stakeholder, Bluff Street Neighborhood Assn. Mike Coty Carla Crahan Past Long Range Planning Commission Member Katie Determan i General Public Key Community Stakeholder, Greater Dubuque Development Corporation nson Rick Dick Dubuque Homebuilders Key Community Stakeholder Kevin Eipperle Past Historic Preservation Commission Member Jerry Enzler Key Community Stakeholder, Dubuque County Historical Society Paul Fahey General Public Kate Fischer Steve Flogel General Public Key Community Stakeholder, Alliance for Construction Excellence Mike Gibson General Public Jim Gonyier Key Community Stakeholder, ECIA Kevin Hammond General Public Kathryn Hendricks General Public Randy Hendricks Brendan Houlihan General Public Key Community Stakeholder, Dubuque Area Chamber of Commerce Robin Kennicker General Public Kevin Koch General Public Key Community Stakeholder, Dubuque Federation of Labor Ron Koppes Marianne Krause Bi General Public Key Community Stakeholder, Dubuque Main Street, Ltd. anco Dan Lo Jennifer Manders Key Community Stakeholder, Valley View Neighborhood Assn. Jerry Mulert Key Community Stakeholder, Dubuque Board of Realtors John Nemmers Key Community Stakeholder, Environmental Stewardship Advisory Christine Happ Olson Commission Key Community Stakeholder, Four Mounds Foundation/Historic Bluffs Neighborhood Assn. Mike McFarland General Public Ferd Nester Lou Oswald General Public Key Community Stakeholder, Long Range Planning Advisory Commission Tammy Pfab Member Key Community Stakeholder, Grandview Avenue Neighborhood Assn. Ann Riniker Key Community Stakeholder, North End Neighborhood Assn. Jaro Sebek Dave Stuart General Public Key Community Stakeholder, Downtown Neighborhood Council S.A. Sutton Key Community Stakeholder, Preserve Our Bluffs Laddie Sula General Public Ceci Tower General Public Dick Vorwald General Public Jay Wallis l W General Public Key Community Stakeholder, Broadway Extended Neighborhood Assn. u e Cinda Katrina Wilberding General Public Cliff Winner General Public Dorothy Winner General Public F:\USERS\Kmunson\WP\Citizens Advisory Committee\UDC BlufFland Advisory Committee Membership List.doc REALTOR-~ September 26, 2007 DUBUQUE BOARD OF REALTORS, INC. 1828 Carter Road DUBUQUE, IOWA 52001-3923 563-556-5722 Honorable Mayor Roy Buol & City Council Michael Van Milligen, City Manager Laura Carstens, Planning Services Manager Kyle Kritz, Associate Planner Re: Dubuque Bluffland Zoning ~~iL C~~ ~`~~~~ED~~~~,07 1~L~~ t~ F SEP 2 6 2007 clTr ~F DUGUC~UE PLRPtiNING SERV{CES DEPARTMENT In addition to helping Customers and clients buy and sell property, Realtors have long been an advocate for private property rights including the highest and best use of the land. We are concerned about government requirements at all levels that greatly add to the cost of property ownership. Currently, one of the consumers' greatest problems is coping with the increasing number of costly government and court imposed regulations, resulting in unwarranted delays and added costs to the price of property, interference with transfer of property and the continued erosion of private property rights. Many of our members would view the Bluffland Plan as an assault on private properly rights. Most of the land that is feasible to be developed, has already been developed and owners should be able to improve their properly as they wish. Added restrictions will only drive developers out of our city. We wish to voice our opposition to this plan. Sincerely, Terry Dugg , Presiden Dubuque Board of Realtors REALTORO is a registered mark which identifies a professional in real estate who subscribes to a strict Code of Ethlcs as a member of the NATIONAL ASSOCIATION OF REALTORS®. Plan: Prelimina Comment Form Responses 1 Defined bluff areas should include lands bounded by the Northwest Arterial and 215 Highway, 61/151 as well. Defined protected ares should only be 25 feet from ridgeline and toeline; not how the areas adjoining bluff, Loras, Central, & Dodge were historically developed. Minimum elevation change should also be 30 feet. Minimum length of defined areas protected from development should be 6 continuous blocks. How does a setback differ from a stepback? Purchase of conservation easements on private properties and or providing resources to maintain property in a natural state would both reserve "blufflands". _2 This plan is great hopefully in time people will go by it And the city Council will approve it, thanks. 3 I would like to see our historic bluffs preserved. Once gone, we cannot get them back. We need to take care of "mother nature" for future generations. Our bluffs are what make our city distinct. Let the views from the bluffs be enjoyed by all, not just a select few who would reside in the develo ments. 4 Keeping /retaining the views from the Mississippi and of landowners viewing the river from areas near the bluff is important. Making it harder to develop blufflend should be purchased by individuals interested in preserving this important cultural asset. 5 I am in full favor of a reasonable plan by reasonable people to control development of the bluff. We need to do as other progressive communities have done to preserve the character of our community. 6 I was unable to make it to the City Council meeting last night fot the discussion on the Bluffs. However, 1 do think management of the bluffs is an important issue for the city aesthetically, environmentally, and in terms of congestion. All of these factors have a direct impact on the city's increasingly positive national profile, something that has important economic consequences for all of us. I hope that the City will put fairly stringent limitations on the sorts of buildings built on top of the bluffs and even along the bluffs. I have lived in two of the most beautiful cities in the U.S., Santa Barbara, CA, and Seattle, WA. Santa Barbara has for a long time carefully monitored building throughout most parts of the city and the result has been to create a beautiful city environment whose natural features are not marred by excessive building but instead one of the most attractive cities in the world. Seattle has been less careful, though some districts have been, and as a result the city poses a visual mix that does little to highlight or enhance the natural appearance of the place. 6 cont Aesthetically, I think that Dubuque can allow some building on the bluffs, but should avoid allowing large complexes because rather than providing 'texture' that can help to emphasize the natural beauty of these extraordinarily beautiful phenomena they will always have a cluttered visual impact that both mars the setting and distracts the eye. Thls was true of the huge blockish convent that was formerly at the Mazzuchelli site and it will be true of the new condominiums also. Single family residences, even fairly large ones, do not have this impact but instead help to emphasize the physical features of the bluffs. Even single family units should be limited in terms of size and density however 6 cont While increasing population density is environmentally abetter thing in general, doing so on the bluffs would not be. An important part of environmental responsibility is sustaining the natural beauty of public places so that the local populations continue to regard the environment as important and valued, but building massive structures on the bluffs would directly undermine that. Also, transportation access to the bluffs is significantly more limited than elsewhere in the city and this will cause intensified congestion in those areas, which, of course, leads not only to hassle and frustration but more importantly to considerably more pollution from emissions of vehicles sitting in slow traffic with brief moments of acceleration and slowing and acceleration again. Comprehensive Bluff Plan: Preliminary Recommendations Please Net any comments that should be considered for Recommendation #'1. 1 Protecting the bluffs is a good idea but should be open to the public (the top of the bluffs) 2 These results should be forwarded to Dubuque County Supervisors and surrounding states to develop a similar plan. 3 50R from the ridgeline is not a sufficient distance to maintain the scenic quality of the bluff lines 4 I feel Dubuque is very historic and our hills and bluffs should be ABSOLUTELY PROTECTED 5 At Least 50 ft and up to 100 feet where warranted 6 Add bluffs along Bluff Street from Library to Hwy 20 Develop & distribute educational material to enlighten the public about he value of the bluff land seem to Maintain a bluff definition that addresses erosion type, etc. (see Fillmore Co. Minnesota example: "...control erosion and protect the visual integrity...") concerns as well as aesthetics. This could include bluffs such as those along Kaufmann and 32nd Streets. Tie to County Land Use Plan :"Bluff Land Protection Area -The Bluff Land Protection Area is established to indicate areas providing unique environmental character that require special protection in order to be preserved. Deveopment is allowed within the Bluff Land Protection Area, but the location or height of such development may be limited. The 10 Bluff Land Protection Area is located along the Mississippi Rives." Please Ilst any comments that should be considered for Recommendation #2. 1 Developing Eagle Point Park, and the Mines of Spain is never going to happen. However developing housing units near there with views of them would be great. 2 Agree Completely 3 I agree with both the funding and the city purchase the adjacent properties listed Please 11st ahy comments that should be considered for Recommendation #3. 1 "Overlay zone" is unclear to non planners also "step backs" 2 I agree Completely 3 Zoning laws need to include and enforce pn3vention of land owners installing wind turbines along the Mississippi fly way to protect birds 4 Regulating the appearance of future bluff buildings is essential th the appearance of our city. Modem interiors and Historic exteriors would decorate the bluff and staisty the needs of those Irving in them, and _ looking at them _ 5 Setbacks should be back far enough so that no visuals supports are needed 6 Again 50 feet from the ridge lin is insufficient, structural height restrictions are needed Map defining overlay terms e.g. setbacks, stepbacks. City Code Chapter 11 Building and Building Regulations Section 11-57 Application for Permit providing that the building official may require an engineering study or studies prior to issuance of a permit for construction on bluff land or land adjacent to a bluff to detrmine that the land or bluff is safe for such construction. Please list any comments that should be considered for Recommendation #4. _ 1 Again 1 agree 2 The city could also be more responsible in removing invasive tree species such as tree of buckthorn t;< (can't read) g As a property owner on the bluff I feel that anything that will benefit the value of my property is a good thing and I am all ears. 4 New structures on the bluffs should not be any higher than the structures they are replacing. If the new structures are not replacing a structure it should not be higher than the structures already in the area 5 Agree- guidelines especially eliminateing various species such as Buckthorns 6 Have a plan to control run-off (soil) during rains at the times of construction and after on the bluff. City of Dubuque, Iowa: Creation of a Unified Development Code Development of a Comprehensive Bluff Plan-- Public Survey Questions Total Number of Surveys Returned 31 Should the City of Dubuque implement special design guidelines for the preservation or redevelopment of the bluff area? Yes 26 No Blank 5 Ranking Results on the importance of the following issues in the Bluff area Very /mportant /mportant Somewhat /mportant Not /mpoitant B/ank Scenic Views of the Biuff 25 5 1 Commercial Businesses 1 2 9 18 1 Public access 4 8 6 2 1 Historic character 21 9 1 Upscale housing 2 1 3 23 2 Scenic views from the bluff 24 5 2 Preservation of the existing uses/structures 11 9 7 2 2 Residential development 3 4 9 15 Redevelopment of the area 4 2 19 1 Regulating height of structures 24 4 1 2 Ranking Results for the top three features of the Bluff area that best define your VISION of the area. Top Choice Second Choice Thiro` Choice Checked (not Numbered) Underdeveloped area 1 2 3 Natural & scenic 4 3 3 5 Redevelopment of older properties 2 Upscale housing opportunities/development 1 Preservation area 5 1 7 Commercial development opportunity Defining element of Dubuque 2 2 2 Overdeveloped area Public accessibility 1 1 1 1 Rivertront heritage 1 Maintain historic character 1 4 Retail development opportunity No uniqueness to Dubuque Environmental protection 2 2 7 Limited development 2 Controlled development 1 2 1 Results in response to which of the following statements apply to you (in relation to the Bluff area) Own Property 7 Live in the area 17 Work in the area 7 Operate a business 3 Land developer 0 Live outside of area but are concerned about the Bluff area 5 Travel through area regularly 11 None of these apply 0 Results on a scale of 1-10 is most important when establishing land use regulations for the Bluff area? Preservation 1 12 In Between 1 2 3 3 0 Development Additional Comments In Between 1 4 0 5 1 6 1 7 1 8 0 9 0 10 1 Please Preserve! Continuous areas of Bluff lands extending many blocks long should be a part of the definition of bluff lands subject to guidelines in addition to city zoning regulations. Those areas should be preserved more than bluff lands that are not as long. Also, having minimum elevation change of 30 feet and protected area from ridgeline and tce line of 25 feet. A major policy rule should be to respect the property rights of owners, to deal with their land. 3 Keep Dubuque Character alive by not destroying the Bluffs 4 So important for our future- all us want to enjoy & pass on that enjoyment of viewing Dubuque Bluffs without having to see housing developments! Work to save what we have left. Trees should not be cut down. No structures along bluffs. No housing commercial developments of any kind along bluffs. No defacing of bluff in any way. All bluff land should be preserved in their natural state for future generations. I strongly oppose developments such as Spiegel's bluff high rises. Beth Whisler- 640 Lorimer St DBQ 52003, 563-556-7351 6 Once this land is developed it loses all that makes it unique and destroys the natural landscape for generations to come. We have a responsibility to preserve this unique and beautiful environment, and in the future we will attract less business & professionals if we make our community an unpleasant place to reside. Further, there is plenty of non-bluff land for development and urban expansion. 7 Tourism has a very large financial impact in Dubuque. Travel Brochures promise the beauty of the bluffs and Dubuque is one of the areas in Iowa not affected by the glaciers. Many out of state people think Dubuque and Iowa is flat and all com country. Dubuque is the oldest city in Iowa, and it would be great to keep it looking as Julien Dubuque saw it back in the 1800's. Keeping the Bluffs as they are, without further development is a promotional tool to attract and keep young workers in Dubuque and also a great place for retiring. The natural bluffs in Dubuque is something most cities in the United States 8 I believe our scenic bluffs should be enjoyed by all visitors to see. These scenic bluff need extreme guidelines for developers to follow, not to destroy the land. g Forget residential Housing on Bluffs 10 Conserve the Bluffs as they are. If the bluffs crumble naturally, ok, move the businesses, people below or work out some agreement to protect them. Adding structures on top of the bluffs leads to more problems, i.e. snow removal, roads, guardrails, liability. Ed Whisler- 640 Lormier St, Dubuque 11 The Bluff line, river, and historic characters is what makes Dubuque unique. Height restrictions are necessary to preserve the nature of Dubuque's bluffs. 12 Area of protection should be no less than 100 feet from ridge to toe line 13 Living on one of the bluffs that overlook the city of Dubuque is a great feeling. I think that regulating development is a great idea. However, by strategically placing condo's or multi-family dwellings on unique bluff locations that overlook the city would be very beneficial to Dubuque. It will give more people the opportunity to have an excellent view of the city and river from the comfort of their own home. I do think that there should be regulations on how the building should be built and their architecture. 14 Dubuque is an old river town- keep all the natural beauty! 15 The Bluffs are one of the defining elements of Dubuque. Dubuque has a unique opportunity, as it is currently prospering with much of it's historic districts and land features intact. Other Midwestern cities suffer from the decay of areas that were developed in past decades which ruined those features. Please bear this in mind in your decisions. 16 Losing Dubuque's heritage should be resisted at any cost. Preservation and conservation are key to the continues success of the city and its residents Comments from Comprehensive Bluff Plan: Final Recommendations 1. Most of the bluff land is already developed 2. City living should be as dense as possible #3) Private property owners should have to follow all regulations once established and adopted into the Dubuque City Code and be given consequences if they do not follow the code. #3a) Wording should be stronger than a "guide" for do's and don'ts #4ai) Should be a lot more than 50'! Not less than 100' or more. Do not allow developers such as Spiegel to further destroy our bluffs! ! I am against housing/business development on the bluffs -these should be left in their natural state. #2) Further define "incompatible development" -People will find a way around this vague wording Excellent proposal. Hope the City follows through with implementation of the plan soon. Highly recommend that the City encourage the county to follow its example. I support the least invasive use of the bluffs -though progress may seem inevitable, I prefer a less is more approach. Ideally they would remain untouched & majestic. I applaud the selection of the Priority A & B bluffs and encourage the strictest protection of those bluffs. Personally, I urge no new building or development on or within 50' or more on the ridge or at the toe of the bluffs. I oppose the Spiegel development on Kelly Bluffs - I oppose any possible Spiegel or other development below Eagle Point Park. I urge the city to purchase blufflands and/or obtain conservation easements for the strictest protection of the bluffs. I applaud every educational effort regarding the bluffs, conservation easements, etc. Thanks for your work! Item 2d) I don't think the city should expand these areas by purchasing homes that have been long-term residences Thanks, Jim Gieser 10-16-07 Today we celebrate the Bald Eagle's graduation from threatened status -our bluff area environment reaps many benefits. Let us keep our bluffs and trees that will help make a difference in protection our atmosphere, wildlife and environment. Public education and incentives are a means to increase public awareness - it is our responsibility to preserve what God has given us for its proper purpose. It is vital to establish appropriate guidelines for our bluff area. I support the comprehensive plan as proposed by the committee. If it would be changed I would support more protection of bluffs rather than less because 1. We need to protect beauty and heritage 2. Tampered with bluffs fall down (see California) 3. Bluffs should be saved for benefit of entire community not only the wealthy. Sr. Kathleen Grace 2782 Buena Vista St. Dubuque 582-6595 To protect bluffs and scenic views of the river, and wildlife habitat, Iowa should enact. Laws that Minnesota and Wisconsin have No building within 200 yards of the rivers edge (the Mississippi is a wildlife refuge and its shoreline areas should be returned to a more natural looking state) Make Priority Aa (along the Mississippi) Number ONE Priority A.L. Weitz and D.J. Weitz 563-583-0120 In my opinion, some of the most critical recommendations are: 1. 4av) Attempt to minimize visual impact from the Mississippi River of new structures constructed on the ridge of the bluff. 2. 2e) 'The city should retain, expand and preserve existing public land within the bluffland areas 3. 4aiv) Strengthen the bulls regulations to limit future structural heights No more than 2 stories Thank you for all your work on this bluff plan We are completely opposed to the recommendations proposed concerning the blufflands in and around Dubuque as given by the City of Dubuque bluffland advisory committee. This proposal violates my rights as a property owner in the city of Dubuque. If the advisory committee wants to regulate the use of my property, then I suggest they purchase it. Then they can do whatever they want with it. If not, this property is ours and we will do with it what we please. James E. Oeth Sr. & Maries M. Oeth 39129 361ST Ave Bellevue, IA 52031 563-872-3668 1. The bluff plan does not appear to address deforestation of bluff top land, ie removal of trees for Spiegel development projectlhome projects along Mt. Carmel, etc. 2. The plan does not encompass all of Dubuque 3. It appears that areas of Dubuque are being developed that shouldn't be -see development off Cedar Cross Rd, for example -these areas could continue to be developed under this plan 4. Most of the points seem pretty good. However, Item #4 leaves me concerned! Recommendations by the Zoning Commission and the Historic Preservation Commission have been consistently overridden. How will this be any different. It is good to see some effort being made. Thank you! Dena Kurt More than 50 ft back from the bluff face! --I would like to see the current mix of green space and historic buildings remain, as both contribute considerably to Dubuque's character and appeal. --Dense housing, such as the high-riser building now slated for construction are out of scale with the surrounding area; it constitutes a disservice to neighboring homeowners and it places too great a stress on the nearby infrastructure. --Restrictions regarding height and set-back from the edge are reasonable and should be specific; more than guidelines, they should be regulations that are adhered to, similar to the current ones related to historic buildings. Thus, people would understand that, when they purchase a historic property in a historic area, certain regulations apply and will be enforced. --Please don't take away the "teeth" of the restrictions by making/calling them guidelines rather than regulations. Otherwise, all the work of your committee becomes merely a "wish list" that may or may not be adhered to. Some troubling language and concepts in a society that is based on people's real property ownership/freedoms. Is this the push-back that is supposed to make up for the city's inconceivable and incapable dealings with A.J. Spiegel? Time to bring in the "experts"? I have a real problem with the government "taking inventory" of privately held property, for acquisition, easement or any other purpose. I believe that any city can deal appropriately with land use through zoning ordinance. Unfortunately, or possibly retrospectively, acity council that is willing to ignore the ordinance and land use plan is unable to adequately respect its own zoning ordinance. (see Apex Concrete: res to comet to industrial in a blink, with no concern for the ordinance) ? Goodman? Realtor/Appraiser Tom Schreiber -email t.schreiber(a,mchsi.com Please email me the proposal - I would hope any proposals would not restrict current landowners from improvements or additions, which I currently have planned I also feel some protection of the bluffs is very reasonable and advisable. At this point the plan sounds very effective. I liked many of the ideas and I realize that they are in the begmning stages. Preserving our bluffs from this point on seems like a realistic goal. Please have some property owners along the bluffs on these committees. Also keep in mind every person should have property ownership rights that they may enjoy peaceful existence. I don't feel like the step-back program is a good idea. There is limited bluff space with set backs already. The whole point of future development is the ability to grow tall in such a way as to utilize views of the river. Adam Hirschy -Hansel Realty Place the project CD and other data and recommendations on a website. Promote in the community. Get college/citizen's input! Honor Carrenl Property Owner Leave well enough alone. Most of the property is already inhabited and loose citizens' rights to uses of their property, as they see fit should be a priority. This is an attempt to strip current owners of their ability to enjoy their land and homes as they have a constitutional right to do. The middle fork of the catfish creek is the most irresponsible idea. To view those bluffs, you are either on a bluff directly across or trespassing on private property below. Is Acquisition heading toward eminent domain? A few mentioned this program for acquisition could benefit the homeowners! What are the drawbacks to the homeowners? Are there property owners loosing some property rights? Nikki Manternach American Realty I do not feel more property rights should be taken away. V. Becher This is a very bad idea! I as a taxpayer do not wish to incur the fmancial liability that goes with this. Dale Allen 542-3253 This seems like a huge over reaction to AJ Spiegel's condo project. Economic Freedom is the key to making this country great. The other thing I fmd very strange is trying to preserve Peru, 32°d Street and Kaufinann. I would think we would want to encourage any development we could in those areas. If the City gets too restrictive developers and people will go elsewhere. As a city, we are either growing or dying. There is no other direction. I attended a Board of Realtors meeting this A.M. and I think "government" is getting a little out of hand. People purchase or inherit these properties and should be able to feel they have a little control in what they can and can't do to enjoy their purchase. I don't mind seeing homes on top of our bluffs. They're truly beautiful -why wouldn't people want to live up there. Who in their right mind would want to remove or pare down a bluff for God's sake? Be realistic, you have no right to control people's right to enjoy their "own" property and further burden them with more "control". Maureen Higgins The 50' set back is an area probably unsafe to build anyway. A developer would go on and build a high rise in back of 50' that would appear from the city, at the edge of the bluff! 50' top and bottom is way too small unless restrictions are also placed beyond 50'. Here's a drawing to explain what is needed to work. The present doesn't work for the intension of saving the beauty of the bluff. Ed Whisler 640 Lorimer Street THE CITY OF DUB E MEMORANDUM Masterpiece on the Mississippi DATE: November 5, 2007 TO: Zoning Advisory Commission FROM: Laura Carstens, Planning Services Manager ~--~ ~ SUBJECT: Comprehensive Bluff Plan and Recommendations Introduction Enclosed for the Commission's review and comment at your November 7, 2007 meeting is the Comprehensive Bluff Plan and recommendations for bluffland policies and regulations developed by the Bluffland Advisory Committee. Discussion Due to issues and concerns raised by the City Attorney's Office with bluffland zoning regulations drafted by the Bluffland Advisory Committee, these zoning regulations will not be presented to the public. Consequently, the Zoning Advisory Commission's November 13 public hearing on these regulations is cancelled. The Comprehensive Bluff Plan and the Bluffland Advisory Committee's recommendations will be discussed at a joint work session of the City Council, Zoning Advisory Commission and the BlufFland Advisory Committee on November 26 at 5:30 p.m. in the City Council Chambers at the Historic Federal Building. Requested Action The requested action is for the Zoning Advisory Commission to review and comment on the Comprehensive Bluff Plan and recommendation. Enclosure Dubuque cc Michael C. Van Milligen, City Manager ~ ~ ~ I Kyle L. Kritz, Associate Planner p Tim O'Brien, Assistant City Attorney ~oo~ n ~ , x~~~ c.~~r~r rte I~U~ E ;~.~,~cfE+rpiec~ vn. f/~~.t4ii5~isss~~f?i. MEMORANDUM November 5, 2007 TO: Zoning Advisory Commission FROM: Laura Carstens, Planning Services Manager SUBJECT: Bluffland Pfan Recommendations -Issues and Concerns of City Staff The City Planning staff generally does not have any objections to the Bluffland Advisory Committee's Recommendations 1, 2 and 3 in the Comprehensive Bluff Plan. These three recommendations are primarily policies for the City Council to consider. The adoption of some of the recommended measures will require the allocation of staff and financial resources, however. The City Planning and Legal staff have the following issues and concerns with Recommendation 4.a. regarding development of Bluffland Conservation Overlay zoning regulations: • Definition and delineation of the Overlay Zone needs to be carefully crafted so that City staff can determine what properties are affected, and to what extent. • Additional setbacks from the ridge and toe of the bluffs: o May make many structures non-conforming -mostly single-family and two- family homes, many of which are in low, moderate and median income neighborhoods. o May result in a "taking" of all or part of private property by the City which would require compensation be paid to the owner. o Additional setbacks from the ridge and toe of the bluffs, intended to preserve the bluffs, appear to contradict the historical development of the bluffs between the toe and ridge lines that the City now seeks to preserve through our Historic Districts and Conservation Districts. o The regulations seem to be directed at one- and two-family homes have existed in the community on the bluffs throughout its history and to which there is really no objection. cc: Michael Van Milligen, City Manager Kyle Kritz, Associate Planner Tim O'Brien, Assistant City Attorney Keith Marvin, JEO Consulting Group Comprehensive Bluff Plan: Final Recommendations The following are the Blufflands Advisory Committee's final recommendations for the draft Comprehensive B1uffPlan. These are recommendations and concepts that may need to be studied further with regard to developing educational programs or services. These recommendations are to be supplemented by a bluffland ordinance and/or other guidelines or regulations as well as existing regulatory measures within the Dubuque City Code. 1. Protecting all of the hills and bluffs throughout Dubuque would be a difficult task. It is best to select the more notable bluffs and provide a means to protect them. The actual area of protection shall be areas defined as 1:3 (horizontal to vertical) or steeper; plus 50 feet from the ridgeline and the toe line. These areas had to have a minimum elevation change of 20 feet or more. The Blui~land Areas in the Bluffland Conservation Overlay are: Priority A a. Along the Mississippi River b. Along U.S. Highway 20 West from Locust Street to Grandview Avenue c. Along U. S. Highway S2 North d. Catfish Creek, Middle Fork within city limits from Mississippi River to south of US 20 Priority B a. Along Couler Valley, from 26~' Street to city limits b. Along Peru Road, from 32nd Street to Kennedy Court c. Along 32nd Street, from Peru Road to John F. Kennedy Road d. Along Kaufinann Avenue, from Central Avenue to Carter Road 2. Identify and protect areas within the Bluffland Areas from incompatible development a. Utilizing consultation with environmental, historical and archeological experts, the City will identify and inventory land with important resources to prioritize such areas for acquisition of land or conservation easements b. Develop an educational program for City staff and the citizens about the use of conservation easements for bluf~land preservation. c. Establish a mechanism to acquire private properties or conservation easements on these private properties through donation or purchase. d. In addition to conservation easements, the City should consider purchasing the properties adjacent to Eagle Point Park, Four Mounds, and Mines of Spain to expand these facilities. e. The City should retain, expand, and preserve existing public land within the Bluffland Areas. Provide property owners in the Bluffland Areas with the proper education, assessment, and resources to maintain their property. a. Work with an arborist/landscape architect to develop a tree and vegetation plan for the Bluffland Areas, as a guide for do's and don'ts. b. Create a better understanding of the diverse changes that have occurred over time. 4. Adapt existing zoning regulations and other regulations to protect the Bluffland Areas. a. Develop Blui~land Conservation Overlay regulations. i. Overlay Zone shall include the actual indicated sloped area.; plus 50 feet from the ridge and 50 feet from the toe of the bluff. ii. Additional building setbacks of 25 feet from the ridge and toe of the bluff shall be established. iii. Criteria for building step backs along the ridge should be considered. iv. Strengthen the bulk regulations to limit future structural heights within the Bluffland Areas. v. Attempt to minimize visual impact from the Mississippi River of new structures constructed on the ridge of the bluff. vi. Require asuper-majority (3/4) vote by City Council within the Overlay Zone on any rezoning, including new and amended PUD (Planned Unit Development) Districts and ID Institutional Districts. b. Enhance existing zoning and other regulations (NPDES storm water permits, Historic Districts and Conservation Districts) to better protect these areas. i. Protect the historic residential areas from the loss of their older historically significant homes. ii. Educate the property owners on the cost-benefits of owning, selling, or buying a historically significant stnzcture. iii. Continue to educate the public on the different funditlg incentives available for preserving historic structures.