11 26 07 Comprehensive Bluffland PlanCity Council Work Session - November 26, 2007
CITY COUNCIL
WORK SESSION
Comprehensive Bluffland Plan
November 26, 2007
THE CTTY OF Dubuque
~ E
DUB
Masterpiece on the Mississippi
2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Work Session -November 26, 2007
Comprehensive Bluff Plan
DATE: November 21, 2007
The City Council has a joint work session with the Zoning Advisory Commission and the
Bluffland Advisory Committee to review the Comprehensive Bluff Plan and provide
further direction. The work session will begin at 5:30 p.m. on Monday, November 26tH
at the City Council Chambers in the Historic Federal Building. Dinner is at 5:00 p.m. in
the Old ICN room and City Council Meeting Room.
Planning Services Manager Laura Carstens has provided information for that session.
Mic ael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
•
THE CITY OF Dubuque
• DUB E
t
Masterpiece on the Mississippi
2007
TO: Michael Van Milligen, City Manager
FROM: Laura Carstens, Planning. Services Manager `~1~
SUBJECT: November 26th Work Session -Comprehensive Bluff Plan
DATE: November 20, 2007
Introduction
The City Council has a joint work session with the Zoning Advisory Commission and the
Bluffland Advisory Committee to review the Comprehensive Bluff Plan and provide further
direction. The work session will begin at 5:30 p.m. on Monday, November 26th, at the City
Council Chambers in the Historic Federal Building. Dinner is at 5:00 p.m. in the Old ICN
Room and City Council Meeting Room.
Background
The City hired JEO Consulting Group to assist with updating the Zoning and Subdivision
Ordinances, and then combining them with the Historic Preservation Ordinance and City
sign regulations into a Unified Development Code (UDC).
As part of the process for creating the UDC, the City Council asked the consultants to
review the regulatory options for developing a comprehensive bluff plan for bluffland
preservation and development on a fast track. The City Council identified the following
community stakeholders for a Bluffland Advisory Committee to work on this task:
^ City Council
^ Long Range Planning Advisory Commission
^ Zoning Advisory Commission
^ Environmental Stewardship Advisory Commission
^ Historic Preservation Commission
^ Four Mounds Foundation
^ Preserve Our Bluffs
^ Dubuque Main Street Ltd.
^ Neighborhood Associations
^ Board of Realtors
^ Dubuque Area Chamber of Commerce
^ Dubuque County Historical Society
^
^ Greater Dubuque Development Corporation
Dubuque Homebuilders
^ Dubuque Federation of Labor
^ Alliance for Construction Excellence
Comprehensive Bluff Plan page 2
The Planning Services Department notified the community stakeholders of the process and
asked for confirmation of contacts to serve on the Bluffland Advisory Committee. We also
asked the Environmental Stewardship Advisory Commission, Historic Preservation
Commission, Housing Commission, Long Range Planning Advisory Commission, Zoning
Advisory Commission, and Zoning Board of Adjustment for a liaison serve on the Bluffland
Advisory Committee. The membership list is found in the 2007 Bluffland Report's appendix.
Discussion
The Bluffland Advisory Committee was asked to provide initial input on bluffland
preservation and development, react to the first draft and the proposed final draft of the
comprehensive bluff plan, and then forward recommendations to the Citizen Advisory
Committee, Zoning Advisory Commission, and City Council.
The Comprehensive Bluff Plan was prepared by our consultants with input from the
Bluffland Advisory Committee. Final recommendations in the last section of the Bluff Report
were voted on by the Bluffland Advisory Committee members present at each meeting.
These recommendations consist of policies, programs, and regulatory options.
The Bluffland Advisory Committee solicited public input on their preliminary and final
recommendations. Public comments are included in the Bluff Plan's appendix.
A proposed bluffland ordinance was drafted by Bluffland Advisory Committee members to
implement their recommended regulatory options. Legal and Planning staff had a number of
concerns and issues with the proposed bluffland zoning regulations. Therefore, a bluffland
ordinance is not ready for public input.
At the advice of the City Attorney's Office, the Bluffland Advisory Committee is asking the
City Council to provide further direction for the Comprehensive Bluff Plan and possible
bluffland regulations at the work session.
At the work session, I will review the Comprehensive Bluff Plan (outline attached). I
anticipate the Bluffland Advisory Committee's recommendations will be the focus of
discussion (attached).
As requested by the City Council, I have notified the Zoning Advisory Commission and the
Bluffland Advisory Committee to have a spokesperson ready to present their positions.
The following additional items are enclosed for the City Council's consideration:
1. 2007 Bluffland Report
2. Concerns of City Staff
3. Comments from Zoning Advisory Commission
4. Comments from UDC Citizen Advisory Committee
5. SDAT Recommendations -- Bluff Development vs. Preservation
Enclosures
LC/mkr
2007 Bluffland Report
1) Introduction
a) Report reflects recommendations of BAC appointed by City Council
b) Generated by JEO Consulting Group's contract with the City to create a
UDC
c) Goal was to develop a plan with strategies and potential new regulatory
tools to balance preservation and development of the bluffs
2) Process
a) 1St -BAC surveyed and held brainstorming sessions to define what and
where blufflands are, and to list issues and set priorities. Goals and
objectives developed
b) 2" -Preliminary recommendations developed and public input sought
c) 3~d -Final recommendations developed and public input sought again
d) 4t" -Comments from ZAC, and then work session with City Council
e) Due to legal department's issues, no ordinance ready for review
3) Survey Results
a) Top issues:
i) Scenic views of the bluff
ii) Historic character
iii) Scenic views from the bluff
b) Top features: ,
i) Natural and scenic
ii) Defining element of Dubuque
4) Definition of Bluffland Area
a) Slope of 1:3
b) Minimum 20 feet change in elevation
c) 50 feet from toe and 50 feet from ridge
d) Defined bluffland areas shown on Figures 3a &3b
i) Priority A: most prominent, visible and characteristic of the area's
geology. Both developed and undeveloped slopes
(1) Along the river
(2) U.S. 20 gateway from Illinois
(3) U.S. 52 north
(4) Catfish Creek
ii) Priority B: less prominent
(1) Couler Valley
(2) Peru Road
(3) 32"d Street
(4) Kaufmann Ave
e) Public land is a large portion of bluffland areas - 45.2%. (Figures 4a & 4b)
5) Existing Land Uses
a) Single Family predominates; reflected in zoning
6) Existing Regulations
a) Historic Districts (Figure 5)
b) Conservation Districts (Figure 6)
c) NPDES storm water permits
d) Zoning regulations (Figures 7a-7d)
7) Goals & Objectives
a) Where should protection of the bluffland extend?
b) What property should be protected?
c) How should the area be protected?
d) Why should the area be protected?
e) GOAL 1: Protect the bluff areas.
f) GOAL 2: Retain existing parks and open spaces.
g) GOAL 3: Maintain character of the bluffs. (existing conditions)
h) GOAL 4: Balance property owner's rights with community needs.
8) Findings
a) Existing Bluffland Evaluation
i) Not all areas meeting definition should necessarily be regulation
ii) Vegetation is not a natural or historic state; bluffs were cleared and
terraced
iii) Invasive species of trees are present
iv) Views of and from the bluffs must be balanced
b) Urbanized Areas
i) 19th Century development of bluffs in downtown
ii) Dominant urbanized areas are along the River and U.S. 52 north
corridor
iii) Minimal vacant land
iv) Platting along the bluff is irregular and can include lots from ridge to
toe
c) Undeveloped Areas/Under-developed Areas
i) North and south ends along the River
ii) Adjacent to Eagle Point Park, Four Mounds, and Mines of Spain
d) Existing Protections
i) Storm water permits
ii) Historic and Conservation Districts
iii) City and State ownership
iv) Zoning (POS, e.g.)
F:\USERS\LCARSIEN\WP\Bluffland Plan\2007 Bluffland Report.doc
Z
Comprehensive Bluff Plan: Final Recommendations
The following are the Blufflands Advisory Committee's final recommendations for the draft
Comprehensive Bluff Plan. 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.
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 Bluffland 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 52 North
d. Catfish Creek, Middle Fork within city limits from Mississippi River to south of
US 20
Priority B
a. Along Couler Valley, from 26th Street to city limits
b. Along Peru Road, from 32"d Street to Kennedy Court
c. Along 32"d Street, from Peru Road to John F. Kennedy Road
d. Along Kaufmann 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 bluffland 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.
3. 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 Bluffland 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 structure.
iii. Continue to educate the public on the different funding incentives
available for preserving historic structures.
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 property should be protected: Please list those areas, pazcels, structures, views to be
protected.
3. HOW should the azea 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
- WestlEast -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 pazks/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 Pazk)
• 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 ' 2OO'I 30
GOAIS AND OBJECTIVES
Question 2: WHAT property should be protected?
• Remaining bluffland along the river (not developed)
• Undisturbed or minimally disturbed bluffland
• Green space, historical, all black lines with setback of 150 feet, parks
• 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/blufflands
• 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 area. 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 "bluflland" property zoned asPUD -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 fixture 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 park/bluff area through purchase of available property -the steep bluff,
treed area.
• To preserve the historic, environmental, and natural character 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 O13JEC'I'IVES
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 Bluffland Area and are not in any prioritized list
Goal l
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 azea.
Objective 1.5
Protect the stability of the bluffs.
Goal 2
Retain the existing park areas and public open spaces within the bluff areas of Dubuque.
Objective 2.1
Place existing pazk 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.
Goa13
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 aze 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 • 2007 32
GOALS AND OBJECTIVES
Goal 4
Bluff regulations must balance property owner's rights with the needs of the 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 ' 2007 33
FINDINGS
Findings
After review of the bluffs and reviewing the input of the Bluftland Advisory Committee, JEO reviewed
some specific findings regarding the bluff areas of Dubuque with City staff. These findings are detailed in
the following sections of the report.
Existing Bluffland Evaluation
Through a physical and historical examination of the bluff azeas within and azound Dubuque it has been
determined that:
1. Not all of the azeas meeting the 1:3 (h:v) slope, within Dubuque, should necessazily be regulated.
2. Bluff azeas that were created through the removal of rock for the purposes of highways may not
qualify under the definition of bluffs. These azeas were created and aze not historic or natural.
3. Vegetation, on those bluffs identified as significant, is not a natural/historic state. The bluffs of
early Dubuque (late 19~' Century) were voided of significant growth and in a number of cases
were ten•aced.
4. There aze a number of invasive tree species on the bluffs and in some cases they appeaz to be
causing erosion issues.
5. The bluffs offer two unique perspectives: 1) the view from the bluffs across the Mississippi River
valley is magnificent; 2) the view of the bluffs from the Mississippi River is equally magnificent.
A key is to balance the two views with development potential and opportunities.
Urbanized Areas
Through a physical and historical examination of the bluff azeas within and azound Dubuque it has been
determined that:
1. The bluff azeas along downtown Dubuque have been developed since the early years of the
community (19'~ Century). This is clearly noted based upon the age of the structures in the area
and the historic paintings and photographs of these azeas.
2. The dominant urbanized areas are limited to the central core of the community and along the
Mississippi River valley and the U.S. Highway 52 North corridor.
3. The azeas that are urbanized, at present, have minimal amounts of vacant land available for •
development and or redevelopment, except along the riverfront and Kerper Boulevazd.
4. Large scale redevelopment to the south and west of the River Pointe Condominiums site may be
limited. The development that is occurring on that property was available in a lazge parcel at one
time; this is not likely to occur again in this part of the community. The reasons fora '~i
development of this type being limited is: 1) with the number and size of parcels in the remaining ~,
azeas, a developer would need to acquire a lazge number of lots from multiple property owners, 2) ',
the existing historic nature of the remaining azea, and 3) the cun•ent historic districts and
conservation districts covering this azea.
5. The platting along the bluff fronting on the downtown is often irregulaz and in the majority of
cases, the property lies over the entire bluff with frontage on the ridge and the toe of the bluff.
Underdeveloped Areas
Through a physical and historical examination of the bluff azeas within and azound Dubuque it has been
determined that:
1. A lazge portion of the underdeveloped and undeveloped areas along the bluffs is located on the
north and south ends of Dubuque along the Mississippi River. Lazge portions of these lands are
already in the hands of the City or the State of Iowa. The City has control of Eagle Point Park,
Louis Murphy Pazk and Four Mounds, while the Iowa Department of Natural Resources controls
the Mines of Spain State Recreational Area.
2. There appear to be underdeveloped and undeveloped pazcels adjacent to Eagle Point Park, Four
Mounds and Mines of Spain State Recreational Area that aze privately-owned.
Existing Protections
Through a physical and historical examination of the bluff areas within and azound Dubuque it has been
determined that:
1. The National Pollutant Dischazge Elimination System permits will assist in controlling some
amount of redevelopment of properties.
2. The Historic Districts and Conservation Districts provide some protection of structures along the
bluffs through required review and permit processes.
BLUFFLAND REPORT • DUBUQUE, IOWA • 2007 3S
FINDINGS
3. Existing ownership of underdeveloped/undeveloped areas by the City and State may limit future
development of these areas.
4. PUDs aze widely used within the city of Dubuque and can be a powerful tool in the preservation
and development control of the bluffs.
5. There are a number of existing zoning districts that could be used to protect the bluff areas,
especially the underdeveloped and undeveloped areas. Examples are the bulk requirements within
the residential districts and the POS -Public Open Space District.
•
•
BLUFFLAND REPORT • DUBUQUE, IOWA • 2007 36
RECOMMENDATIONS
Recommendations
The following are the Blufflands Advisory Committee's final recommendations for the draft
Comprehensive Bluff Plan. These are recommendations and concepts that may need to be studied further
with regard to developing educations 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 with 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
should be minimized to 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 Bluffland 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 52 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`s Street to city limits
b. Along Peru Road, from 32°a Street to Kennedy Court
c. Along 32°a Street, from Peru Road to John F. Kennedy Road
d. Along Kaufmann 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 citizens about the use of conservation
easements for Bluffland 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 Pazk, 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.
3. Provide property owners in the Bluffland Areas with the proper education, assessment, and
resources to maintain their property.
a. Work with an azborisdlandscape 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 an Overlay Zone that can be used in areas not significantly protected by other
means.
i. Overlay Zone should 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 a super majority (3/4) vote by the City Council within the Overlay Zone
on any rezoning, including new and amended PUD (Planned Unit Development)
Districts and ID Institutional Districts.
BLUFFLAND REPORT • DUBUQUE, IOWA • 2007 3$
RECOMMENDATIONS
b. Enhance existing zoning and other regulations (NPDES, 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 structure.
iii. Continue to educate the public on the different funding incentives available for
preserving historic structures.
$LUFFLAND REPORT ' DUBUQUE IOWA • 2~~~ 39
APPENDIX
City of Dubuque, Iowa: Creation of a Unified Development Code
Bluffland Advisory Committee Survey Questions
The City of Dubuque is combining the zoning, subdivision, sign, and historic preservation regulations into
a new Unified Development Code (UDC) for the community. The City Council has appointed you to a
Blufflands Advisory Committee of nearly 50 people.
The Bluffland Advisorv Committee will provide initial input on bluffland preservation and development,
react to the first draft and the proposed final draft of the comprehensive bluff plan, and then forward
recommendations to the Citizen Advisory Committee.
To manage the initial meeting with this large committee, we will begin with a survey to the committee
members to get a sense of your issues and concerns prior to scheduling your first meeting.
This survey contains specific questions about the Bluff azea adjacent to the Mississippi River low lands.
In order to establish appropriate guidelines for the Bluff area, smart planning and land use decisions
regazding development vs. preservation must be determined during the planning process. Your answers to
the following questions in regards to the Bluff azea will explain to the City of Dubuque how important the
Bluff area is to the citizens who live, work, and engage in recreation around the area.
Public input is essential in the creation of the new Unified Development Code. Your response to this survey I
will be anonymous.
Please complete the following survey and return it to the Planning Services Department by
1. Should the City of Dubuque implement special design guidelines for the preservation or ~'
redevelopment of the Bluff area?
a. Yes b. No
2. Please rank the importance of the fnllnwinv ;~~„P~ .n ri.p Rh,ff ~.•o.,
VERYV^ ~
IMPORTANT
IMPORTANT SOMEWHAT
IMPORTANT NOT
IMPORTANT
Scenic views of the bluff 4 3 2 1
Commercial businesses 4 3 2 1
Public access 4 3 2 1
Historic chazacter 4 3 2 I
Upscale housing 4 3 2 1
Scenic views from the bluff 4 3 2 1
Preservation of the existing uses/
structures 4 3 2 1
Residential development 4 3 2 1
Redevelopment of the azea 4 3 2 1
Regulating height of structures 4 3 2 I
3. Rank the top three features of the Bluff area that best det"me your VISION of the area.
Underdeveloped azea
Natural and scenic
Redevelopment of older properties
Upscale housing opportunities/development
Preservation area
Commercial development opportunity
Defining element of Dubuque
Overdeveloped area
BLUFFLAND REPORT • DUBUQUE, IOWA • 2007 41
APPENDIX
Public accessibility
Riverfront heritage
Maintain historic chazacter
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
aPP1Y)
Own property
Live in the azea
Work in the area
Operate a business
Land developer
Live outside of area but are concerned about the Bluff area
Travel through area regulazly
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?
-----10
Preservation
Development
Please utilize the space below to add additional comments.
7---------------8---------------9----------
•
BLUFFLAND REPORT ' DUBUQUE IOWA ' 2007 42
UNIFIED DEVELOPMENT CODE
Bluffland Advisory Committee
03 07 07
Member Affiliation
Dan Boge General Public
John Brennan General Public
Mike Buelow
Mike Burke Developers' Roundtable
Key Community Stakeholder, Langworthy District Neighborhood Assn.
Sr. Mary Lou Caffery, BVM
Theresa Caldwell General Public
Key Community Stakeholder, Washington Neighborhood Assn.
Rodney Carroll Historic Bluffs Neighborhood Assn.
Mike Coty Key Community Stakeholder, Bluff Street Neighborhood Assn.
Carla Crahan Past Long Range Planning Commission Member
Katie Determan
Rick Dickinson General Public
Key Community Stakeholder, Greater Dubuque Development Corporation
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
Ron Koppes General Public
Key Community Stakeholder, Dubuque Federation of Labor
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 Nesler
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
Cinda Welu General Public
Key Community Stakeholder, Broadway Extended Neighborhood Assn.
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 Buo ity Council
Michael Van Milligen, City Manager
Laura Carstens, Planning Services Manager
Kyle Kritz, Associate Planner
Re: Dubuque Bluffland Zoning
Cv~~~i~
~~~,~~E~fi~~.~7
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F~
p C~~~O~L~
S EP 2 6 2007
CITY OF CUa;UQl1E
PLAPJNING SERVICES QEPARTNlENT
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
puce 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 ,Presiders
Dubuque Board of Realtors
•
REALTOR®is a registered mark which identifies a professional in
real estate who subscribes to a strict Code of Ethics as a member
of fhw NATI()NAI_ ASSQCIATIQ~LQFF3EALTQRB~_ _-..
Comprehensive Bluff Plan: Preliminary Recommendations
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 preserve "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
developments
4 Keeping /retaining the views from the Mississippi and of landowners viewing the rrver from areas
near the bluff is important. Making it harder to develop bluffland 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
1 was unable to make it to the City Council meeting last night for the discussion on the Bluffs.
However, I 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 pats 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 cunt 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 cunt 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
stow traffic with brief moments of acceleration and slowing and acceleration again.
Bluff Plan:
Please list any comments brat should be cmnsidered for Recommendation #1.
1 Protecti the bluffs is a cod 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 an.
3
50R from the ridgeline is not a sufficient distance to mainhain the scenic quality of the bluff lines
4
1 feel Dubu ue is ve historic, and our hills and bluffs should be ABSOLUTELY PROTECTED
5 At Least 50 ft, and u to 100 feet where warranted
6 Add bluffs along Bluff Street from Library to Hwy 20
Develop & distribute educational material to enlighten the pubbc about he value of the bluff land
environment
of these seem th be
ease make sure Kau1
Maintain a bluff definition that addresses erosion type, etc.(see Filimore 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. Development 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 Rivar."
Please Ilst any comments that should be considered for Recommendation #2.
1 Developing Eagte Point Park, and the Mines of Spain is never going to happen. However developing
housin units near there with views of them would be great
2 ree Completely
3 I agree with both the funding and the city purchase the adjacent properties I~sted
Please list ahy comments that should be considered for Recommendation #3.
1 "Overlay zone" is unclear to non planners also "step backs"
2 ~ 1 agree Com Ietel
3 Zoning laws need to include and enforce prevention of land owners installing wind turbines along the
Mississi i fly way to protect birds
4 Regulating the appearance of future bluff buildings is essential to the appearance of our aty. Modem
interiors and Historic exteriors would decorate the bluff and staisty the needs of those living in them, and
lookin at them
5 Setbacks should be back far enough so that no visuals supports are needed
6 Again 50 feet from the rime 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
7 to a bluff to detrmine that the land ar bluff is safe for such construction.
Please list any comments tlrat should be considered for Recommendation #4.
1 A ain I agree
2 The city could also be more responsible in removing invasive tree species such as tree of buckthorn &
(can't read)
g As a property owner on the bluff 1 feel that anything that will benefd the value of my property is a good
_ thing and 1 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 tfian the structures already in the area
5 Agree- guidelines especially eliminateing various species such as Buckthorns
6 Have a plan to control runoff (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 Important Somewhat /mpoitant Not /mportant B/ank
Scenic Views of the Bluff 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 useslstructures 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 Third 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
Riverfront 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 Beiween 1
4 0
5 1
6 1
7 1
8 0
9 0
10 1
Please Preserve!
2 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 toe 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 corn
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 bulk 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 3615` 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 project/home 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 8 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 comm to industrial in a blink,
with no concern for the ordinance)
? Goodman? Realtor/Appraiser
Tom Schreiber -email t.schreibern_n,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
beginning 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 financial 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 Dubuque
'1'Fil~ CITY C?F
DUB E MEMORANDUM
A~CSterple~c on fle Ntxs~issip}ri
November S, 2007
TO: Zoning Advisory Commission
FROM: Laura Carstens, Planning Services Manager `~~
SUBJECT: Bluffland Plan Recommendations -Issues and Concerns of City Staff
The City Planning staff generally does not have any objections to the BlufRand Advisory
Committee's Recommendations 1, 2 and 3 in the Comprehensive Bluff Plan. These three
recommendations are primarily polides for the City Coundl to consider. The adoption of
some of the recommended measures will require the allocation of staff and tinandal
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 Heads 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 iwo-
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 fhe ridge and toe of the bluffs, intended to preserve
the bluffs, appear to con#radict 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 direc#ed 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 Milligan, City Manager
Kyle Kritz, Assodate Planner
Tim O'Brien, Assistant City Attorney
• Keith Marvin, JEO Consulting Group
Planning Services Department
' Cttq Hal] .
50 West 13~ Street
Dubuque, IA 52001-4864
(563) 589-4210 phone
(563) 589-4221 fax
(563) 690-6678 TDD
plannin~cityofdubuque.org
THE CITY OF Dubuque
DuB E ~'
Masferpfece on the Mississi~i ~ I ~ i,
2007
November 13, 2007
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13~' 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 Pian
and recommendations from the Bluffiand Advisory Committee. The Bluffland Report and related
materials are attached for your review.
Discussion
Planning Services Manager reviewed the Comprehensive Bluff Pian and recommendations from
the Bluffiand Advisory Committee. She also reviewed City staff's concerns with the Committee's
recommendations.
The Zoning Advisory Commission discussed the Comprehensive Bluff Pian and
recommendations. Issues, commen#s 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 Ci#y 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.
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Service People Integrity Responsffiility 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 Biuffland Advisory Committee regarding the format, the roles and the
expectations for participation by the Commission and the Committee at the Joint arork session
on November 26, 2007.
Respectfully submitted,
Eugene Bird Jr., Chairperson
Zoning Advisory Commission
Attachments
F:IUSERSVCmunsonlWPlCtfy CoundllCC 11_18 071Comp Bluff Plan 11 19_07 CC Itr.doc
Service People Integrity Responsibtlity ]nnovatton Teamwork
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~.-
T'!•!~ t::l'!'Y OF
~` B ~ MEMORANDUM
s'"~~t~3ti't~tf:CL' i~71 ttt~ ~~1.:~5{vSi~J~t
November 14, 2007
TO: Michael Van Milligen, City Manager -~
FROM: Laura Carstens, Planning Services Manager ~`4"'`.
SUBJECT: UDC Citizen Advisory Committee -- Bluff Plan Recommendations
This memorandum provides comments from the UDC (Unified Development Code)
Citizen Advisory Committee on the Bluff Plan recommendations from the UDC Bluffland
Advisory Committee.
The UDC Citizen Advisory Committee had the following comments:
• Need to be more specific for height limits.
• Generally on the right track.
• Look at series of test cases.
• These regulations shouldn't be waived for PUD's (Planned Unit Developments).
• City Council -- three-quarter vote n~ded to approve a rezoning or PUD or PUD
amendment in the Bluffland Overlay area.
• Setbacks -- leniency for existing and stricter for new construction.
The requested action is to provide this information to the City Council for their
November 26 joint work session with the Zoning Advisory Commission and Btuffland
Advisory Committee.
cc Kyle Kritz, Associate Planner
Keith Marvin, JEO Consulting Group
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7't•IE C:i3'Y {7F
I~UB ~ MEMORANDUM
~'~Iirs~i~~.3~c:esy nar t'Ire R~~ssiss;y~i
November 14, 2007
TO: Michael Van Milligen, City Manager
FROM: Laura Carstens, Planning Services Manager~~~
SUBJECT: SDAT Recommendations -- Bluff Development vs. Bluff Preservation
This memorandum transmits recommendations from the SDAT (Sustainable Design
Assessment Team) public presentation on October 24, 2007 regarding the critical land
use and urban design issue, Bluff Development vs. Bluff Preservation.
The requested action is to provide this information to the City Council for their
. November 26 joint work session with the Zoning Advisory Commission and Bluffland
Advisory Committee.
Enclosure
cc Kyle Kritz, Associate Planner
Keith Marvin, JEO Consulting Group