I-JOBS II Disaster Prevention Grant ProgramTHE COF Dubuque
DtUB All- AmedcaCity
Masterpiece on the Mississippi
2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Iowa Jobs (I-JOBS II) Application, Lower Bee Branch Creek Restoration
Project and Smart Planning Principles
DATE: August 9, 2010
In 2010, the Iowa Legislature appropriated $30 million from FY 11 revenue bonds to the
-JOBS Board for a Disaster Prevention Grant Program for grants to cities and counties.
The money is intended to assist in the development and completion of public
construction projects relating to disaster prevention, including construction, replacement
or reconstruction of, local public buildings in a manner that mitigates damages from
future disasters, including flooding. In 1999, 2002, and 2004, heavy rains produced
flood damage spurring a Presidential Disaster Declaration for Dubuque County and a
request for a declaration for the 2010 storm damage had been made to the State of
Iowa.
City Engineer Gus Psihoyos recommends City Council approval of an application for
I -JOBS II funding for the (Lower) Bee Branch Creek Restoration Project. To meet
threshold requirements, the City must adopt a resolution approved by the City Council
that states the City will promptly perform a review to determine the potential advantages
and disadvantages of amending its comprehensive plan to apply smart planning
principles.
Planning Services Manager Laura Carstens has reviewed the City's Comprehensive
Plan, Unified Development Code, and Sustainability Model and identified that they
already support all 10 of these Smart Planning Principles. The City must adopt a
resolution stating that the City will promptly perform a review to determine the potential
advantages and disadvantages to the City of amending its Comprehensive Plan utilizing
Smart Planning Principles. In addition, in the event that the City is awarded I -JOBS II
funding for the Lower Bee Branch Creek Restoration Project, the City must agree to
complete the amendment of its Comprehensive Plan utilizing Smart Planning Principles
in conformance with new Iowa Code Chapter 18B within three years of the award of
such grant.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mi hael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Gus Psihoyos, City Engineer
Laura Carstens, Planning Services Manager
Deron Muehring, Civil Engineer 11
THE CITY OF Dubuque
L)UB ■ . M-AmedcaUtY
II V
I
Masterpiece on the MTssiss' 200
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
SUBJECT: Iowa Jobs (I -JOBS II) Application, Lower Bee Branch Creek Restoration
Project and Smart Planning Principles
DATE: August 9, 2010
INTRODUCTION
The purpose of this memo is request that the City Council consider and adopt a
resolution in support of an application for I -JOBS II funding for the (Lower) Bee Branch
Creek Restoration Project. The application, resolution and other materials are enclosed.
BACKGROUND
In 2010, the Iowa Legislature appropriated $30 million from FY 11 revenue bonds to the
I -JOBS Board for a Disaster Prevention Grant Program for grants to cities and counties.
The money is intended to assist in the development and completion of public
construction projects relating to disaster prevention, including construction, replacement
or reconstruction of, local public buildings in a manner that mitigates damages from
future disasters, including flooding.
Because the Bee Branch Creek Restoration Project is a disaster prevention project, it
seemed to qualify for the funding. One of the qualifications of a project is related to how
soon it can move into construction. Therefore, on July 1, 2010 a Notice of Intent to
Apply for $7.3 million in I -JOBS II Disaster Prevention Grant Program funds was
submitted for the Lower Bee Branch Creek Restoration project. The Lower Bee Branch
Creek Restoration Project is the section of the project from the 16 Street Detention
Basin to the railroad tracks just north of the former pack site.
On July 15, 2010 the City received notice from the Iowa Finance Authority that the City
was eligible to apply for funds from the program. As a next step, the City was invited to
complete an online application. An application was submitted for the Lower Bee Branch
Creek Restoration Project before the August 2, 2010 deadline.
DISCUSSION
To meet threshold requirements, the City must adopt a resolution approved by the City
Council that states the City will promptly perform a review to determine the potential
advantages and disadvantages of amending its comprehensive plan to apply smart
planning principles or guidelines.
Smart Planning Concepts are as follows:
1. Collaboration. Governmental, community, and individual stakeholders, including
those outside the jurisdiction of the entity, are encouraged to be involved and
provide comment during deliberation of planning, zoning, development, and
resource management decisions and during implementation of such decisions.
2. Efficiency, transparency, and consistency. Planning, zoning, development, and
resource management should be undertaken to provide efficient, transparent,
and consistent outcomes. Individuals, communities, regions, and governmental
entities should share in the responsibility to promote the equitable distribution of
development benefits and costs.
3. Clean, renewable, and efficient energy. Planning, zoning, development, and
resource management should be undertaken to promote clean and renewable
energy use and increased energy efficiency.
4. Occupational diversity. Planning, zoning, development, and resource
management should promote increased diversity of employment and business
opportunities, promote access to education and training, expand entrepreneurial
opportunities, and promote the establishment of businesses in locations near
existing housing, infrastructure, and transportation.
5. Revitalization. Planning, zoning, development, and resource management should
facilitate the revitalization of established town centers and neighborhoods by
promoting development that conserves land, protects historic resources,
promotes pedestrian accessibility, and integrates different uses of property.
Remediation and reuse of existing sites, structures, and infrastructure is
preferred over new construction in undeveloped areas.
6. Housing diversity. Planning, zoning, development, and resource management
should encourage diversity in the types of available housing, support the
rehabilitation of existing housing, and promote the location of housing near public
transportation and employment centers.
7. Community character. Planning, zoning, development, and resource
management should promote activities and development that are consistent with
the character and architectural style of the community and should respond to
local values regarding the physical character of the community.
8. Natural resources and agricultural protection. Planning, zoning, development,
and resource management should emphasize protection, preservation, and
restoration of natural resources, agricultural land, and cultural and historic
landscapes, and should increase the availability of open spaces and recreational
facilities.
9. Sustainable design. Planning, zoning, development, and resource management
should promote developments, buildings, and infrastructure that utilize
sustainable design and construction standards and conserve natural resources
by reducing waste and pollution through efficient use of land, energy, water, air,
and materials.
10. Transportation diversity. Planning, zoning, development, and resource
management should promote expanded transportation options for residents of
the community. Consideration should be given to transportation options that
maximize mobility, reduce congestion, conserve fuel, and improve air quality.
The City of Dubuque's 2008 Comprehensive Plan by definition and by inclusion of goals
support all 10 of these Smart Planning Principles. Title 15: Planning and Zoning,
Chapter 1 of the City Code (enclosed) defines the Comprehensive Plan and the
community planning process in support of the first Smart Planning Principle,
Collaboration. The enclosed excerpt from the application further outlines how the 2008
Comprehensive Plan supports the remaining 9 Smart Planning Principles. Also, the
2009 Unified Development Code (UDC) and Dubuque's Sustainability Model further the
realization of Smart Planning Principles. A more thorough review of the 2008
Comprehensive Plan reveals that it actually contains elements of all 10 Principles. .
RECOMMENDATION
Planning Services Manager Laura Carstens has reviewed the City's Comprehensive
Plan, UDC, and Sustainability Model and identified that they already support all 10 of
these Smart Planning Principles, the City must adopt a resolution stating that the City
will promptly perform a review to determine the potential advantages and disadvantages
to the City of amending its Comprehensive Plan utilizing Smart Planning Principles. In
addition, in the event that the City is awarded I -JOBS II funding for the Lower Bee
Branch Creek Restoration Project, the City must agree to complete the amendment of
its Comprehensive Plan utilizing Smart Planning Principles in conformance with new
Iowa Code chapter 18B within three years of the award of such grant.
ACTION TO BE TAKEN
I respectfully request that the City Council adopt the attached resolution establishing the
City's commitment to promptly perform a review to determine the potential advantages
and disadvantages to the City of amending its Comprehensive Plan utilizing Smart
Planning Principles and commitment to amend its Comprehensive Plan as necessary to
include smart planning principles.
Prepared by Deron Muehring, Civil Engineer
cc: Barry Lindahl, City Attorney
Teri Goodman, Assistant City Manager
Jenny Larson, Budget Director
Deron Muehring, Civil Engineer
RESOLUTION NO. 303 -10
SUPPORT OF I -JOBS II DISASTER PREVENTION GRANT PROGRAM
APPLICATION FOR FUNDING FOR THE LOWER BEE BRANCH CREEK
RESTORATION PROJECT AND SMART PLANNING PRINCIPLES
Whereas, in 1999, 2002 and 2004, heavy rains produced flood damage spurring
Presidential Disaster Declarations for Dubuque County and a request for a Presidential
Disaster Declaration for Dubuque County for the 2010 storm damage has been made to
the State of Iowa; and
Whereas, the Lower Bee Branch Creek Restoration Project has been identified
as one of a series of projects to provide relief from property damage due to flooding to
1,150 residents in the City of Dubuque; and
Whereas, during the 2010 Legislative Session, the Iowa Legislature enacted
Senate File 2389 (the "Act "), creating the I -Jobs II Program and providing for I -Jobs
grant funding to assist in the development and completion of public construction
projects relating to disaster prevention;
Whereas, the Act also created new chapter 18B of the Iowa Code, which
provides, inter alia, that local governments shall consider and may apply certain
planning principles, denominated by the Act as "Smart Planning Principles" during the
deliberation of all appropriate planning, zoning, development, and resource
management decisions;
Whereas, pursuant to Sec. 88 of the Act, only cities or counties that apply "smart
planning principles and guidelines pursuant to sections 18B.1 and 188.2, may submit
an application to the Iowa jobs board for financial assistance for a local infrastructure
competitive grant for an eligible project under the program ";
Whereas, the City Council passed Ordinance 11 -90 in February of 1990 defining
the City of Dubuque Comprehensive Plan and community planning process;
Whereas, the City Council passed Resolution 33 -08 in January of 2008
approving updates to the City of Dubuque 2002 Comprehensive Plan thereby
establishing the City of Dubuque 2008 Comprehensive Plan;
Whereas, the 2008 Dubuque Comprehensive Plan includes goals consistent with
all 10 of the Smart Planning Principles outlined in the Act; and
Whereas, the City of Dubuque has adopted both the 2009 Unified Development
Code and a Sustainability Model that further the realization of the Smart Planning
Principles outlined in the Act; and
Whereas, the City of Dubuque desires to apply for I -Jobs II grant funding for the
Lower Bee Branch Creek Restoration Project within the City.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
1. The City of Dubuque does hereby affirm that the 2008 Comprehensive Plan by
definition and by inclusion of goals is consistent with all 10 of the Smart Planning
Principles outlined in the Act, and that both the 2009 Unified Development Code
and the Dubuque Sustainability Model further the realization of these Smart
Planning Principles.
2. The City of Dubuque shall promptly perform a review to determine the potential
advantages and disadvantages to the City of amending its Comprehensive Plan
utilizing Smart Planning Principles in conformance with the Act.
3. In the event the City of Dubuque is awarded one or more grants under the Iowa
Jobs II local infrastructure competitive grant program pursuant to the Act, the City
shall complete the amendment of its Comprehensive Plan utilizing Smart
Planning Principles in conformance with new chapter 18B within three years of
the award of such grant.
Passed, approved and adopted this 10 day of August, 2010.
D. Buol, Mayor
Attest:
Jeanne F. Schneider, CMC, City Clerk
F:\ USERS \Mrettenb \WP \COUNCIL \RESOLUTIONS \IJOBS 11 Resolution, smart planning, Lower Bee Branch.doc
CITY OF DUBUQUE, IOWA CODE OF ORDINANCES
TITLE 15: PLANNING AND ZONING
Chapter 1: COMPREHENSIVE PLAN
15 -1 -1: COMPREHENSIVE PLAN DEFINED:
The "comprehensive plan" is the community's principal tool to guide its future
development, public policies and decision making. The comprehensive plan is only
intended as a guide and shall not be interpreted or construed to give rise to any
enforceable rights or remedies. Such community plan must:
A. Be value driven;
B. Be the product of and periodically tested and updated by a community planning
process;
C. Involve all aspects of the community (physical, environmental, social, cultural,
economic, emotional and spiritual);
D. Be long range in focus, covering a period of from ten (10) to fifteen (15) years;
E. Include the entire community geographically, not just one or more sections;
F. Be action oriented;
G. Be approved by city council resolution. (2007 Code § 36 -1)
15 -1 -2: ELEMENTS OF COMPREHENSIVE PLAN:
The comprehensive plan consists of the following elements:
A. Shared Vision Statement: This element summarizes the shared vision which is a
product of the community planning process.
B. Statement Of Policy, Goals And Objectives: This element explains the direction,
ideals and desires which the comprehensive plan is intended to satisfy. This element
serves as the justification for many of the planning and budget decisions and
ordinances and regulations which follow.
C. Inventory Analysis: This element includes a complete description of current
conditions in the community and represents a shared database for use in developing
the various elements of the comprehensive plan. It includes population
characteristics and projections; income information; housing information; economic
activity (retail, services and industry);. employment characteristics and needs; natural
environment (soils, climate, vegetation, and topography); transportation information;
survey of existing land use; utility systems; community facilities; history and culture
of the residents; problems and issues identified by community planning process;
feelings and image of the community as viewed by its residents; and similar data.
CITY OF DUBUQUE, IOWA CODE OF ORDINANCES
TITLE 15: PLANNING AND ZONING
This analysis should identify community trends, project such trends into the future
and assess the probable impact. The inventory analysis should identify and include
all appropriate studies and analysis done by city, county, state and federal agencies.
D. Land Use Element: This element includes a description of existing land use patterns
and identifies the best future physical development of the community. It becomes the
guide for the official zoning map and for making zoning and subdivision decisions,
but only such decisions by the city council may be binding and enforceable. It is the
guide in regard to the best utilization of private and public development, the timing of
that development and its association with other public improvements.
E. Transportation Element: The total transportation network which serves the
community is inventoried, mapped and evaluated in this element. In addition to the
local streets and highways, this element includes air traffic (passenger and freight
handling); railroad service; other public transportation (bus and traffic type modes)
and water transportation.
F. Housing Element: This element considers the present condition of housing; the
community's housing needs in terms of condition, availability and affordability and
future demand. Areas with housing in need of substantial rehabilitation and
maintenance are identified, and financial and service assistance are addressed as
they relate to improving the housing stock.
G. City Physical Infrastructure Element: This element analyzes the current and future
needs of the city's physical infrastructure system. These future needs must be
compatible and consistent with the land use plan and transportation plan. The city's
physical infrastructure includes:
1. Parks and open spaces plan;
2. Water treatment and distribution plan;
3. Wastewater collection and treatment plan;
4. Stormwater management plan;
5. Floodwall management plan;
6. Library long range plan;
7. Parking system long range plan;
8. Solid waste management plan;
9. Capital improvements program (CIP);
10. Electric, natural gas, cable TV and telecommunications distribution plans;
11. Public buildings plans of city, county and school systems;
12. Vacant land study (capability for development).
H. Public Safety Element: This element reviews the current and future needs of the
police, fire, communications, and code enforcement activities based upon current
and projected workload and community goals, desires and priorities.
Public Health Element: This element determines the current and future public health
needs and priorities of the community. This element should look specifically at
E
CITY OF DUBUQUE, IOWA CODE OF ORDINANCES
TITLE 15: PLANNING AND ZONING
community public health nursing services, communicable disease prevention and
control issues and actions and environmental health needs and actions.
J. Public Education Element: This element is concerned with the quality and quantity of
education provided to the community by the public, parochial and private education
districts and facilities. (This element should be completed by such education
providers and includes an inventory of facilities, conditions, programs, uses,
statistics, needs, improvements planned, etc.)
K. Human Services Element: This element studies current efforts and needs in
providing basic services and amenities to the needy, disadvantaged and
underemployed. (This element should be completed by human services providers
and include the delivery of services, programs, uses and conditions of facilities,
client data, needs, plans, etc.)
L. Special Plans Element: This element includes areas and issues of special concern
which require special consideration and planning. These include:
1. Economic development plan;
2. Long range annexation plan;
3. Downtown redevelopment plan;
4. Historic preservation plan;
5. Tourism development plan;
6. Riverfront development plan;
7. Freeway corridor plan;
8. Urban renewal plan;
9. Urban revitalization plan.
M. Implementation Element: This element details the necessary and agreed upon action
steps, responsibility, schedule and cost to implement the goals, objectives and
recommendations of the comprehensive plan. The community planning process
should serve to assist the city council, city administration and community leaders in
prioritizing implementation. (2007 Code § 36 -2)
15 -1 -3: COMMUNITY PLANNING DEFINED:
"Community planning" is the process by which the community decides what kind of
future it wants by establishing a shared vision of the future and then establishes the
policies, goals and management tools (i.e., specific plans, assignments and regulations)
to help reach that desired future. The emphasis is on a process and direction more than
on a plan or document. The community planning process is comprehensive in scope,
future oriented, highly participatory and emphasizes consensus decision making. (2007
Code § 36 -3)
3
To meet threshold requirements, the applicant must attach a resolution approved by their City Council or
Board or Supervisors that states the city or county will promptly perform a review to determine the
potential advantages and disadvantages of adopting a comprehensive plan that applies smart planning
principals or guidelines or, if the city or county already has a comprehensive plan, of amending that
comprehensive plan to apply smart planning principals or guidelines. For more information about Smart
Planning or this requirement, please review the legislation or administrative rules that are available at the
link below.
The City of Dubuque staff have reviewed the Smart Planning Principals outlined in
Senate File Senate File 2389, Division VII Smart Planning and compared it to the City's
Comprehensive Plan adopted by the City Council in January of 2008 and attached
hereto. Dubuque's Comprehensive Plan already includes 9 of the 10 Smart Planning
Principals outlined in SF2389.
Senate File 2389, Division VII Smart Planning: 1. Collaboration: The City of
Dubuque engages citizens in multiple visioning processes that help to formulate policy
decisions for sound community growth. In 1990 -1995, the City of Dubuque engaged the
community in the Vision 2000 visioning process, from which we then defined a
comprehensive plan. The citizens of Dubuque are accustomed to providing citizen input
in decision making at all levels. In Dubuque you will find efforts of collaboration from
active neighborhood associations helping to create more livable neighborhoods, to our
most recent collaboration known as Envision 2010 -- 10 community projects by 2010.
The four -year process for developing Dubuque's new Unified Development Code (UDC)
incorporated three citizen advisory committees and an interdisciplinary task force of City
staff working with JEO Consulting. The last 12 months of the process were devoted to
seeking and responding to input on the draft UDC from developers, engineers,
architects, neighborhood and business associations, sign contractors, City Boards and
Commissions, and the general public prior to City Council work sessions and public
hearings.
Senate File 2389, Division VII Smart Planning: 2. Efficiency, transparency, and
consistency: The 2008 Dubuque Comprehensive Plan's CITY FISCAL GOALS and
OBJECTIVES include: To emphasize the use of fees and user charges to maintain
existing City services and reduce reliance on local property taxes while remaining
sensitive to program access, affordability, and availability for those with low or moderate
incomes or disabilities; Pursue federal, state and private funding to help finance City
services and minimize the property tax burden; Promote access to and affordability and
availability of essential City services to low and moderate income persons and persons
with disabilities; Encourage citizen input to help identify productivity and service delivery
needs; Continue to encourage citizen participation in the City's comprehensive plan and
budget process; and Use the community visioning process and the comprehensive
planning process to assist the City Council, City administration and community leaders
in setting priorities for implementation.
The City of Dubuque is one of over two dozen communities in Iowa and one of
a thousand communities across the country that has a Stormwater Management Utility.
Why a Stormwater Management Utility? Why not pay for stormwater needs with
property taxes? Property taxes are based on property value and have nothing to do with
the amount of runoff contributed by the property; with a stormwater utility, properties pay
for storm water based on their runoff contribution. This means that if they contribute
more runoff they must also contribute more to managing the runoff.
Senate File 2389, Division VII Smart Planning: 4. Occupational Diversity: 2008
Dubuque Comprehensive Plan's ECONOMIC DEVELOPMENT GOALS include: To
build a highly skilled, flexible work force by Cooperating with local educational
institutions and coordinating training /skill requirements to meet the needs of local
employers. Goals also include recruiting businesses that are suited to the area, require
a highly skilled work force or are willing to train an entry-level work force and are
experiencing growth.
Senate File 2389, Division VII Smart Planning: 5. Revitalization: The 2008 Dubuque
Comprehensive Plan's LAND USE AND URBAN DESIGN GOALS include: To
encourage redevelopment opportunities within the city in an effort to revitalize unused or
underused property while promoting the preservation of viable and affordable housing
stock.
Dubuque has engaged in a decided effort to promote a livable, sustainable community
through historic preservation, downtown and neighborhood revitalization, park and plaza
improvements, landscaped gateways, riverfront amenities, bike /hike trails, restoration of
wetlands and prairies, and sustainable storm water management. Our decision to use
the riverfront as a focal point for the community resulted in a 90 acre revitalization effort
of a brownfield site through $400 million in public and private investment. Our
commitment to revitalize the downtown area has resulted in hundreds of millions of
dollars of improvements since 1985 including facade renovations, building rehabilitation,
new construction, public improvements and streetscape enhancements.
Dubuque's 20009 UDC updates and consolidates zoning, subdivision, site development,
historic preservation, and sign regulations into a single city code. The intent of the
Dubuque UDC is to guide the physical, economic and social development,
redevelopment and conservation of the community. The UDC protects and enhances
the historic, cultural and aesthetic resources that make Dubuque a unique, identifiable
and vital community.
Senate File 2389, Division VII Smart Planning: 6. Housing diversity: The 2008
Dubuque Comprehensive Plan's HOUSING GOALS include: To promote the
preservation, rehabilitation, and investment in our city housing stock and
neighborhoods; and To promote the creation and maintenance of an adequate supply of
sound, affordable housing integrated throughout the community.
The 2008 Dubuque Comprehensive Plan's LAND USE AND URBAN DESIGN GOALS
include: To protect and enhance the viability, livability and affordability of the city's
residential neighborhoods while integrating multifamily development throughout the
community; and Encourage the concept of mixed use development to create diverse
and self- sufficient neighborhoods.
The Housing and Community Development Department coordinates the efforts of a
number of program areas to ensure residents in the City of Dubuque receive safe and
affordable housing and provide a more livable community.
The City of Dubuque is a Community Development Block Grant (CDBG) entitlement
community, and works with a number of local organizations through CDBG- funded
projects and programs for housing, economic development, neighborhood and public
services, and public facilities. In addition to the City's Planning Services, Housing and
Community Development, and Economic Development Departments, there are a
number of local organizations actively engaged in community development, housing,
environmental and business activities.
Senate File 2389, Division Vll Smart Planning: 7. Community character: The 2008
Dubuque Comprehensive Plan's LAND USE AND URBAN DESIGN GOALS include: To
balance open space and environmental preservation with the community's development
needs; Encourage that the physical character and form of the city reflects its historic
setting and that the built environment is compatible with the city's natural environment;
and To promote principles of good urban design as part of all development.
Dubuque has a substantial collection of architecturally significant structures set among
wooded limestone bluffs and creek valleys. Our Comprehensive Plan directs strategic
planning, funding, and regulations for balancing environmental stewardship with smart
growth to establish a sympathetic relationship between these built and natural
landscapes.
Dubuque understands that we must address interrelated factors affecting the natural
and built environments of our city, from human needs and economic vitality, to public
infrastructure and services.
Dubuque balances urban growth with ecological constraints through our urban design
guidelines, which establish a context for development in response to our community's
desired image. In 2007, Dubuque participated in a sustainable design assessment
facilitated by the American Institute of Architects to develop sustainable land use and
urban design recommendations that were incorporated into our Sustainable Dubuque
Plan and UDC.
Dubuque promote a livable, sustainable community through historic preservation,
downtown and neighborhood revitalization, parkland and riverfront improvements,
landscaped gateways and highway corridors, parks and trails, restoration of wetlands
and prairies, and low impact development.
Dubuque manages environmentally appropriate public use of, and access to, our bluffs,
wetlands and waterways. Through partnerships, we demonstrate and educate the
community on best management practices for sustainable, ecological design.
Design guidelines are in place for Dubuque's historic districts, port and downtown to
protect and enhance their historic, cultural and aesthetic resources.
Senate File 2389, Division VII Smart Planning: 8. Natural resources and
agricultural protection: The 2008 Dubuque Comprehensive Plan's LAND USE AND
URBAN DESIGN GOALS include: To balance open space and environmental
preservation with the community's development needs; Encourage that the physical
character and form of the city reflects its historic setting and that the built environment is
compatible with the city's natural environment; To promote principles of good urban
design as part of all development; and To plan for the city's future and orderly
development within a regional context.
The 2008 Dubuque Comprehensive Plan's ENVIRONMENTAL QUALITY GOALS
include: To encourage the creation of a sustainable environment that successfully
balances urban growth and development with ecological constraints; To promote
conservation practices that result in responsible use of non - renewable natural
resources; and To promote the protection, preservation and enhancement of the
biodiversity of the city's bluffs and prairies, wetlands, waterways, and all natural areas,
and encourage partnerships.
Smart growth provides for housing and jobs, making
infrastructure, while protecting significant natural and
has exemplified smart growth in the revitalization
neighborhoods, as well as in the provision of parks
overall balance of development and preservation in
such as the bluffs and the Mississippi River.
efficient use of existing and new
agricultural resources. Dubuque
of our downtown and historic
and other public spaces and the
tune with major natural features
Dubuque seeks a balance between stewardship and protection of our environment and
the impacts of urban living. A community can both affect and be affected by local,
regional and even global environmental issues. Dubuque's natural and built
environments establish the city's appearance and image as a healthy, safe and viable
place to live, work, play, and learn ... a 'Masterpiece on the Mississippi'.
Senate File 2389, Division VII Smart Planning: 9. Sustainable design: The 2008
Dubuque Comprehensive Plan's LAND USE AND URBAN DESIGN GOALS include: To
balance open space and environmental preservation with the community's development
needs; Encourage that the physical character and form of the city reflects its historic
setting and that the built environment is compatible with the city's natural environment;
To promote principles of good urban design as part of all development; and To plan for
the city's future and orderly development within a regional context.
The 2008 Dubuque Comprehensive Plan's ENVIRONMENTAL QUALITY GOALS
include: To encourage the creation of a sustainable environment that successfully
balances urban growth and development with ecological constraints; To promote
conservation practices that result in responsible use of non - renewable natural
resources; and To promote the protection, preservation and enhancement of the
biodiversity of the city's bluffs and prairies, wetlands, waterways, and all natural areas,
and encourage partnerships.
The City of Dubuque has employed smart growth principles in planning and managing
the community's growth and development for years. Since 1995, the Dubuque
Comprehensive Plan has included goals and objectives that incorporate "smart growth"
principles. The Dubuque Comprehensive Plan looks at the city as a whole and the
surrounding region, with policy statements, goals, and objectives established for the
physical, economic, and social environments of the community. As a result, our
Comprehensive Plan has reflected the three principles of sustainability -- environmental,
economic, and social equity needs — since 1995.
The 2009 Dubuque UDC updates and consolidates zoning, subdivision, site
development, historic preservation, and sign regulations into a single city code. Our
UDC incorporates sustainable design while meeting smart growth objectives. While
traditional site design is still allowed, it is now the exception. Site design standards have
been extensively revised to promote sustainable measures. For example, landscaping
and screening requirements, including use of low- impact development (LID) tools for
site landscaping, preservation of trees, parking lot landscaping, screening of exterior
storage and trash collection, and maintenance.
Senate File 2389, Division VII Smart Planning: 10 Transportation diversity: The
2008 Dubuque Comprehensive Plan's TRANSPORTATION GOALS include: To plan
long -range for both local and regional street and highway systems to ensure safe,
efficient access into and through the city and to support urban growth in an appropriate
development pattern; To encourage an efficient, affordable and accessible transit
system in the city for the transit - dependent population and as an alternative means of
transportation; and To establish improved hike and bike routes in the city to encourage
alternative modes of transportation.
The circulation pattern and condition of the local street system provide safe, reliable
access to work, schools, shopping, hospitals, churches, and residences. Access for
pedestrians, bicycles, and public transit as well as design guidelines for historic districts,
the downtown, and older neighborhoods also are now part of the 2009 UDC.
The City of Dubuque is committed to looking closer at the Smart Planning principals
outlined in Senate File 2389, Division VII. And the City is committed to amend its
comprehensive plan to apply additional smart planning principals or guidelines within
three (3) years of the award of the WOBS II Disaster Prevention grant funding. To that
end, the attached resolution will be presented to the City Council for consideration at the
August 16, 2010 City Council meeting. If the resolution is required sooner than August
16, 2010, a special City Council meeting will be scheduled.
Senate File 2389 - Enrolled
(SMART PLANNING SECTIONS)
Senate File 2389
AN ACT
RELATING TO AND MAKING, REDUCING, AND TRANSFERRING
APPROPRIATIONS TO STATE DEPARTMENTS AND AGENCIES FROM
THE REBUILD IOWA INFRASTRUCTURE FUND, THE TECHNOLOGY
REINVESTMENT FUND, THE REVENUE BONDS CAPITALS FUND, THE
REVENUE BONDS CAPITALS II FUND, THE FY 2009 PRISON BONDING
FUND, AND OTHER FUNDS, CREATING THE IOWA JOBS II PROGRAM,
AND THE REVENUE BONDS FEDERAL SUBSIDY HOLDBACK FUND,
PROVIDING FOR RELATED MATTERS, AND PROVIDING AN EFFECTIVE
DATE.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
DISASTER PREVENTION PROGRAM, pp. 1 -3:
DIVISION IV
REVENUE BONDS CAPITALS II FUND == APPROPRIATIONS
Sec. 10. There is appropriated from the revenue bonds
capitals II fund created in section 12.88A to the following
departments and agencies for the fiscal year beginning July
1, 2010, and ending June 30, 2011, the following amounts, or
so much thereof as is necessary, to be used for the purposes
designated:
4. IOWA FINANCE AUTHORITY
b. To the Iowa jobs board for a disaster prevention program
created in section 16.194A for grants for cities and counties
that apply smart planning principles and guidelines pursuant to
sections 18B.1 and 18B.2, as enacted in this Act:
................... ............................... $ 30,000,000
Sec. 88. NEW SECTION 16.194A Iowa jobs II program =_
disaster prevention.
1. An Iowa jobs II program is created to assist in the
development and completion of public construction projects
relating to disaster prevention including but not limited to
the construction of, or the replacement or reconstruction of,
local public buildings in a manner that mitigates damages from
future disasters, including flooding.
2. A city or county in this state that applies the smart
1
planning principles and guidelines pursuant to sections 18B.1
and 18B.2, as enacted in this Act, may submit an application
to the Iowa jobs board for financial assistance for a local
infrastructure competitive grant for an eligible project under
the program, notwithstanding any limitation on the state's
percentage in funding as contained in section 29C.6, subsection
17.
3. Financial assistance under the program shall be awarded
in the form of grants.
4. The board shall consider the following criteria in
evaluating eligible projects to receive financial assistance
under the program:
a. The total number and quality of jobs to be created and
the benefits likely to accrue to areas distressed by high
unemployment.
b. Financial feasibility, including the ability of projects
to fund depreciation costs or replacement reserves, and the
availability of other federal, state, local, and private
sources of funds.
C. Sustainability and energy efficiency.
d. Benefits for disaster prevention.
e. The project's readiness to proceed.
5. An applicant must demonstrate local support for the
project as defined by rule.
6. Any award of financial assistance to a project shall
be limited to up to ninety percent of the total cost of the
development and completion of a public construction project
relating to disaster prevention consistent with the purposes of
the program as specified in subsection 1.
7. In order for a project to be eligible to receive
financial assistance from the board, the project must be a
public construction project pursuant to subsection 1 with a
demonstrated substantial local, regional, or statewide economic
impact.
8. The board shall not approve an application for assistance
for any of the following purposes:
a. To refinance a loan existing prior to the date of the
initial financial assistance application.
b. For a project that has previously received financial
assistance under the program, unless the applicant demonstrates
that the financial assistance would be used for a significant
expansion of a project.
9. Any portion of an amount allocated for projects
that remains unexpended or unencumbered one year after the
allocation has been made may be reallocated to another project
category, at the discretion of the board. The board shall
ensure that all bond proceeds be expended within three years
from when the allocation was initially made.
10. The board shall ensure that funds obligated under
this section are coordinated with other federal program funds
received by the state, and that projects receiving funds are
located in geographically diverse areas of the state.
11. An applicant or combination of applicants for a project
within the same county shall not be awarded more than forty
percent of the funds available under this program.
Sec. 89. Section 16.195, subsection 2, Code Supplement
2009, is amended to read as follows:
2
2. A review committee composed of members of the
board as determined by the board shall review Iowa jobs
program applications submitted to the board and make
recommendations regarding the applications to the board. When
reviewing the applications, the review committee and the
authority shall consider the project criteria specified in
��n sections 16.194 and 16.194A The board shall develop
the appropriate level of transparency regarding project fund
allocations.
SMART PLANNING, pp. 3 -13
DIVISION VII
SMART PLANNING
Sec. 17. NEW SECTION 18B.1 Iowa smart planning principles.
State agencies, local governments, and other public entities
shall consider and may apply the following principles during
deliberation of all appropriate planning, zoning, development,
and resource management decisions, except that nothing in
this section shall be construed to expand the eminent domain
authority of a state agency, local government, or other public
entity beyond that which is authorized under chapter 6A or 6B:
1. Collaboration. Governmental, community, and individual
stakeholders, including those outside the jurisdiction of the
entity, are encouraged to be involved and provide comment
during deliberation of planning, zoning, development, and
resource management decisions and during implementation of such
decisions. The state agency, local government, or other public
entity is encouraged to develop and implement a strategy to
facilitate such participation.
2. Efficiency, transparency, and consistency. Planning,
zoning, development, and resource management should be
undertaken to provide efficient, transparent, and consistent
outcomes. Individuals, communities, regions, and governmental
entities should share in the responsibility to promote the
equitable distribution of development benefits and costs.
3. Clean, renewable, and efficient energy. Planning, zoning,
development, and resource management should be undertaken to
promote clean and renewable energy use and increased energy
efficiency.
4. Occupational diversity. Planning, zoning, development,
and resource management should promote increased diversity
of employment and business opportunities, promote access to
education and training, expand entrepreneurial opportunities,
and promote the establishment of businesses in locations near
existing housing, infrastructure, and transportation.
5. Revitalization. Planning, zoning, development, and
resource management should facilitate the revitalization
of established town centers and neighborhoods by promoting
development that conserves land, protects historic resources,
promotes pedestrian accessibility, and integrates different
uses of property. Remediation and reuse of existing
sites, structures, and infrastructure is preferred over new
construction in undeveloped areas.
3
6. Housing diversity. Planning, zoning, development, and
resource management should encourage diversity in the types
of available housing, support the rehabilitation of existing
housing, and promote the location of housing near public
transportation and employment centers.
7. Community character. Planning, zoning, development, and
resource management should promote activities and development
that are consistent with the character and architectural style
of the community and should respond to local values regarding
the physical character of the community.
8. Natural resources and agricultural protection.
Planning, zoning, development, and resource management should
emphasize protection, preservation, and restoration of natural
resources, agricultural land, and cultural and historic
landscapes, and should increase the availability of open spaces
and recreational facilities.
9. Sustainable design. Planning, zoning, development, and
resource management should promote developments, buildings, and
infrastructure that utilize sustainable design and construction
standards and conserve natural resources by reducing waste and
pollution through efficient use of land, energy, water, air,
and materials.
10. Transportation diversity. Planning, zoning,
development, and resource management should promote expanded
transportation options for residents of the community.
Consideration should be given to transportation options that
maximize mobility, reduce congestion, conserve fuel, and
improve air quality.
Sec. 18. NEW SECTION 18B.2 Local comprehensive planning
and development guidelines.
1. For the purposes of this chapter, unless the context
otherwise requires:
a. (1) "Development" means any of the following:
(a) Construction, reconstruction, renovation, mining,
extraction, dredging, filling, excavation, or drilling activity
or operation.
(b) Man =made changes in the use or appearance of any
structure or in the land itself.
(c) The division or subdivision of land.
(d) Any change in the intensity of use or the use of land.
(2) "Development" does not include any of the following:
(a) Activities on or uses of agricultural land, farm houses,
or agricultural buildings or structures, unless such buildings
or structures are located in the flood plain of a river or
stream.
(b) Installation, operation, and maintenance of soil and
water conservation practices.
(c) The choice of crops or a change in the choice of crops
on agricultural land.
b. "Land development regulations" means zoning, subdivision,
site plan, corridor map, floodplain or storm water ordinances,
rules, or regulations, or other governmental controls that
affect the use of property.
C. "Municipality" means a city or a county.
2. A municipality shall consider the smart planning
principles under section 18B.1 and may include the following
information, if applicable, when developing or amending
4
a comprehensive plan under chapter 335 or chapter 414 or
when developing or amending other local land development
regulations:
a. Information relating to public participation during
the creation of the comprehensive plan or land development
regulations, including documentation of the public
participation process, a compilation of objectives, policies,
and goals identified in the public comment received, and
identification of the groups or individuals comprising any work
groups or committees that were created to assist the planning
and zoning commission or other appropriate decision = making body
of the municipality.
b. Information relating to the primary characteristics
of the municipality and a description of how each of those
characteristics impacts future development of the municipality.
Such information may include historical information about
the municipality, the municipality's geography, natural
resources, natural hazards, population, demographics, types of
employers and industry, labor force, political and community
institutions, housing, transportation, educational resources,
and cultural and recreational resources. The comprehensive
plan or land development regulations may also identify
characteristics and community aesthetics that are important to
future development of the municipality.
C. Objectives, information, and programs that identify
current land uses within the municipality and that guide the
future development and redevelopment of property, consistent
with the municipality's characteristics identified under
paragraph "b ". The comprehensive plan or land development
regulations may include information on the amount, type,
intensity, and density of existing land use, trends in
the market price of land used for specific purposes, and
plans for future land use throughout the municipality. The
comprehensive plan or land development regulations may identify
and include information on property that has the possibility
for redevelopment, a map of existing and potential land use
and land use conflicts, information and maps relating to
the current and future provision of utilities within the
municipality, information and maps that identify the current
and future boundaries for areas reserved for soil conservation,
water supply conservation, flood control, and surface water
drainage and removal. Information provided under this
paragraph may also include an analysis of the current and
potential impacts on local watersheds and air quality.
d. Objectives, policies, and programs to further the
vitality and character of established residential neighborhoods
and new residential neighborhoods and plans to ensure an
adequate housing supply that meets both the existing and
forecasted housing demand. The comprehensive plan or land
development regulations may include an inventory and analysis
of the local housing stock and may include specific information
such as age, condition, type, market value, occupancy, and
historical characteristics of all the housing within the
municipality. The comprehensive plan or land development
regulations may identify specific policies and programs that
promote the development of new housing and maintenance or
rehabilitation of existing housing and that provide a range of
5
housing choices that meet the needs of the residents of the
municipality.
e. Objectives, policies, and programs to guide future
development of sanitary sewer service, storm water management,
water supply, solid waste disposal, wastewater treatment
technologies, recycling facilities, and telecommunications
facilities. The comprehensive plan or land development
regulations may include estimates regarding future demand for
such utility services.
f. Objectives, policies, and programs to guide the future
development of a safe, convenient, efficient, and economical
transportation system. Plans for such a transportation system
may be coordinated with state and regional transportation
plans and take into consideration the need for diverse modes
of transportation, accessibility, improved air quality, and
interconnectivity of the various modes of transportation.
g. Objectives, policies, and programs to promote the
stabilization, retention, or expansion of economic development
and employment opportunities. The comprehensive plan or land
development regulations may include an analysis of current
industries and economic activity and identify economic growth
goals for the municipality. The comprehensive plan or land
development regulations may also identify locations for future
brownfield or grayfield development.
h. Objectives, policies, and programs addressing
preservation and protection of agricultural and natural
resources.
i. Objectives, policies, and programs to assist future
development of educational facilities, cemeteries, health
care facilities, child care facilities, law enforcement and
fire protection facilities, libraries, and other governmental
facilities that are necessary or desirable to meet the
projected needs of the municipality.
j. Objectives, policies, and programs to identify
characteristics and qualities that make the municipality unique
and that are important to the municipality's heritage and
quality of life.
k. Objectives, policies, and programs that identify the
natural and other hazards that have the greatest likelihood of
impacting the municipality or that pose a risk of catastrophic
damage as such hazards relate to land use and development
decisions, as well as the steps necessary to mitigate risk
after considering the local hazard mitigation plan approved by
the federal emergency management agency.
1. Objectives, policies, and programs for joint planning
and joint decision making with other municipalities or
governmental entities, including school districts and drainage
districts, for siting and constructing public facilities and
sharing public services. The comprehensive plan or land
development regulations may identify existing or potential
conflicts between the municipality and other local governments
related to future development of the municipality and may
include recommendations for resolving such conflicts. The
comprehensive plan or land development regulations may
also identify opportunities to collaborate and partner with
neighboring jurisdictions and other entities in the region for
projects of mutual interest.
6
M. A compilation of programs and specific actions necessary
to implement any provision of the comprehensive plan, including
changes to any applicable land development regulations,
official maps, or subdivision ordinances.
3. A municipality's comprehensive plan developed using the
guidelines under this section shall address prevention and
mitigation of, response to, and recovery from a catastrophic
flood.
Sec. 19. Section 28I.4, Code 2009, is amended to read as
follows:
281.4 Powers and duties.
1. The commission shall have the power and duty to
make comprehensive studies and plans for the development
of the area it serves which will guide the unified
development of the area and which will eliminate planning
duplication and promote economy and efficiency in the
ee - eEdInated coordinated development of the area and the
general welfare, convenience, safety, and prosperity of its
people. The plan or plans collectively shall be known as
the regional or metropolitan development plan. The plans
for the development of the area may include,- but shall not
be limited fo recommendations with respect to existing
and proposed highways, bridges, airports, streets, parks
and recreational areas, schools and public institutions and
public utilities, public open spaces, and sites for public
buildings and structures; districts for residence, business,
industry, recreation, agriculture, and forestry; water supply,
sanitation, drainage, protection against floods and other
disasters; areas for housing developments, slum clearance
and urban renewal and redevelopment; location of private
and public utilities, including but not limited to sewerage
and water supply systems; and such other recommendations
concerning current and impending problems as may affect the
area served by the commission. Time and priority schedules and
cost estimates for the accomplishment of the recommendations
may also be included in the plans. The plans shall be made
with consideration of the smart planning principles under
section 18B.1. The plans shall be based upon and include
appropriate studies of the location and extent of present
and anticipated populations; social, physical, and economic
resources, problems and trends; and governmental conditions and
trends. The commission is also authorized to make surveys,
land =use studies, and urban renewal plans, provide technical
services and other planning work for the area it serves and
for cities, counties, and other political subdivisions in
the area. A plan or plans of the commission may be adopted,
added to, and changed from time to time by a majority
vote of the planning commission. The plan or plans may in
whole or in part be adopted by the governing bodies of the
ee cooperating cities and counties as the general
plans of such cities and counties. The commission may also
assist the governing bodies and other public authorities or
agencies within the area it serves in carrying out any regional
plan or plans, and assist any planning commission, board or
agency of the cities and counties and political subdivisions
in the preparation or effectuation of local plans and planning
consistent with the program of the commission. The commission
7
may ee eperate cooperate and confer, as far as possible, with
planning agencies of other states or of regional groups of
states adjoining its area.
2. A planning commission formed under the provisions of
this chapter shall, upon designation as such by the governor,
serve as a district, regional or metropolitan agency for
comprehensive planning for its area for the purpose of carrying
out the functions as defined for such an agency by federal,
state and local laws and regulations.
Sec. 20. Section 329.3, Code 2009, is amended to read as
follows:
329.3 Zoning regulations == powers granted.
Every municipality having an airport hazard area within
its territorial limits may adopt, administer, and enforce
in the manner and upon the conditions prescribed by this
chapter, zoning regulations for such airport hazard area,
which regulations may divide such area into zones and, within
such zones, specify the land uses permitted, and regulate
and restrict, for the purpose of preventing airport hazards,
the height to which structures and trees may be erected or
permitted to grow. Regulations adopted under this chapter
shall be made with consideration of the smart planning
principles under section 18B.1.
Sec. 21. Section 335.5, Code 2009, is amended to read as
follows:
335.5 Objectives.
1. The regulations shall be made in accordance with a
comprehensive plan and designed to preserve the availability
of agricultural land; to consider the protection of soil
from wind and water erosion; to encourage efficient urban
development patterns; to lessen congestion in the street or
highway; to secure safety from fire, flood, panic, and other
dangers; to protect health and the general welfare; to provide
adequate light and air; to prevent the overcrowding of land;
to avoid undue concentration of population; to promote the
conservation of energy resources; to promote reasonable access
to solar energy; and to facilitate the adequate provision of
transportation, water, sewerage, schools, parks, and other
public requirements. However, provisions of this section
relating to the objectives of energy conservation and access
to solar energy shall not be construed as voiding any zoning
regulation existing on July 1, 1981, or to require zoning in a
county that did not have zoning prior to July 1, 1981.
2. Sueh The regulations shall be made with reasonable
consideration, among other things, as to the character of the
area of the district and the peculiar suitability of such area
for particular uses, and with a view to conserving the value
of buildings and encouraging the most appropriate use of land
throughout such county.
3. The regulations and comprehensive plan shall be made with
consideration of the smart planning principles under section
18B.1 and may include the information specified in section
18B.2, subsection 2.
4. a. A comprehensive plan recommended for adoption by
the zoning commission established under section 335.8, may be
adopted by the board of supervisors. The board of supervisors
may amend a proposed comprehensive plan prior to adoption. The
0
board of supervisors shall publish notice of the meeting at
which the comprehensive plan will be considered for adoption.
The notice shall be published as provided in section 331.305.
b. Following its adoption, copies of the comprehensive plan
shall be sent or made available to neighboring counties, cities
within the county, the council of governments or regional
planning commission where the county is located, and public
libraries within the county.
C. Following its adoption, a comprehensive plan may be
amended by the board of supervisors at any time.
Sec. 22. Section 335.8, Code 2009, is amended to read as
follows:
335.8 Commission appointed.
1. In order to avail itself of the powers conferred by this
chapter, the board of supervisors shall appoint a commission,
a majority of whose members shall reside within the county
but outside the corporate limits of any city, to be known as
the county zoning commission, to recommend the boundaries of
the various original districts, and appropriate regulations
and restrictions to be enforced therein. Such commission
shall, with due diligence, prepare a preliminary report and
hold public hearings thereon before submitting its final
report; and the board of supervisors shall not hold its public
hearings or take action until it has received the final report
of such commission. After the adoption of such regulations,
restrictions, and boundaries of districts, the zoning
commission may, from time to time, recommend to the board of
supervisors amendments, supplements, changes or modifications.
2. The zoning commission may recommend to the board of
supervisors for adoption a comprehensive plan pursuant to
section 335.5, or amendments thereto.
3. The zoning commission, with the approval of the board
of supervisors, may contract with professional consultants,
regional planning commissions, the Iowa department of economic
development, or the federal government, for local planning
assistance.
Sec. 23. Section 414.3, Code 2009, is amended to read as
follows:
414.3 Basis of regulations.
1. The regulations shall be made in accordance with a
comprehensive plan and designed to preserve the availability of
agricultural land; to consider the protection of soil from wind
and water erosion; to encourage efficient urban development
patterns; to lessen congestion in the street; to secure safety
from fire, flood, panic, and other dangers; to promote health
and the general welfare; to provide adequate light and air; to
prevent the overcrowding of land; to avoid undue concentration
of population; to promote the conservation of energy resources;
to promote reasonable access to solar energy; and to facilitate
the adequate provision of transportation, water, sewerage,
schools, parks, and other public requirements. However,
provisions of this section relating to the objectives of energy
conservation and access to solar energy do not void any zoning
regulation existing on July 1, 1981, or require zoning in a
city that did not have zoning prior to July 1, 1981.
2. Sueh The regulations shall be made with reasonable
consideration, among other things, as to the character of the
W"
area of the district and the peculiar suitability of such area
for particular uses, and with a view to conserving the value
of buildings and encouraging the most appropriate use of land
throughout such city.
3. The regulations and comprehensive plan shall be made with
consideration of the smart planning principles under section
18B.1 and may include the information specified in section
18B.2, subsection 2.
4. a. A comprehensive plan recommended for adoption by
the zoning commission established under section 414.6, may be
adopted by the council. The council may amend the proposed
comprehensive plan prior to adoption. The council shall
publish notice of the meeting at which the comprehensive plan
will be considered for adoption. The notice shall be published
as provided in section 362.3.
b. Following its adoption, copies of the comprehensive plan
shall be sent or made available to the county in which the city
is located, neighboring counties and cities, the council of
governments or regional planning commission where the city is
located, and public libraries within the city.
C. Following its adoption, a comprehensive plan may be
amended by the council at any time.
Sec. 24. Section 414.6, Code 2009, is amended to read as
follows:
414.6 Zoning commission.
1. In order to avail itself of the powers conferred by
this chapter, the council shall appoint a commission, to be
known as the zoning commission, to recommend the boundaries of
the various original districts, and appropriate regulations
and restrictions to be enforced therein. Where a city plan
commission already exists, it may be appointed as the zoning
commission. Such commission shall, with due diligence, prepare
a preliminary report and hold public hearings thereon before
submitting its final report; and such council shall not hold
its public hearings or take action until it has received the
final report of such commission. After the adoption of such
regulations, restrictions, and boundaries of districts, the
zoning commission may, from time to time, recommend to the
council amendments, supplements, changes, or modifications.
2. The zoning commission may recommend to the council for
adoption a comprehensive plan pursuant to section 414.3, or
amendments thereto.
Sec. 25. IOWA SMART PLANNING TASK FORCE.
1. An Iowa smart planning task force is established
consisting of twenty =nine voting members and four ex officio,
nonvoting members.
2. Members of the task force shall consist of all of the
following:
a. Fourteen state agency director or administrator members
consisting of all of the following:
(1) The director of the department on aging or the
director's designee.
(2) The director of the department of economic development
or the director's designee.
(3) The secretary of agriculture and land stewardship or the
secretary's designee.
(4) The director of the department of cultural affairs or
10
the director's designee.
(5) The director of the department of public health or the
director's designee.
(6) The director of the department of management or the
director's designee.
(7) The director of the department of natural resources or
the director's designee.
(8) The director of the department of workforce development
or the director's designee.
(9) The director of the office of energy independence or the
director's designee.
(10) The director of the department of transportation or the
director's designee.
(11) The administrator of the homeland security and
emergency management division of the department of public
defense or the administrator's designee.
(12) The director of the rebuild Iowa office or the
director's designee.
(13) The state building code commissioner or the
commissioner's designee.
(14) The chairperson of the utilities board within the
utilities division of the department of commerce or the
chairperson's designee.
b. Chairperson of the department of community and regional
planning at Iowa state university or the chairperson's
designee.
C. Director of the urban and regional planning program at
the university of Iowa or the director's designee.
d. Director of the institute for decision making at the
university of northern Iowa or the director's designee.
e. President of the Iowa chapter of the American planning
association or the president's designee.
f. Executive director of the Iowa association of regional
councils or the executive director's designee.
g. President of the Iowa chapter of the American institute
of architects or the president's designee.
h. Executive director of the Iowa league of cities or the
executive director's designee.
i. Executive director of the Iowa state association of
counties or the executive director's designee.
j. President of the executive committee of the school
administrators of Iowa or the president's designee.
k. A representative appointed by the governor from a city
having a population of five thousand or less according to the
2000 certified federal census.
1. A representative appointed by the governor from a city
having a population of more than five thousand and less than
twenty =five thousand according to the 2000 certified federal
census.
M. A representative appointed by the governor from a city
having a population of twenty =five thousand or more according
to the 2000 certified federal census.
n. A representative appointed by the governor from a county
having a population of ten thousand or less according to the
2000 certified federal census.
o. A representative appointed by the governor from a county
having a population of more than ten thousand and less than
11
fifty thousand according to the 2000 certified federal census.
p. A representative appointed by the governor from a county
having a population of fifty thousand or more according to the
2000 certified federal census.
3. The task force shall include four members of the general
assembly serving as ex officio, nonvoting members, with not
more than one member from each chamber being from the same
political party. The two senators shall be appointed one each
by the majority leader of the senate after consultation with
the president of the senate, and by the minority leader of the
senate. The two representatives shall be appointed one each by
the speaker of the house of representatives after consultation
with the majority leader of the house of representatives, and
by the minority leader of the house of representatives.
4. The task force may establish committees and
subcommittees comprised of members of the task force.
5. Members of the task force designated in subsection 2,
paragraphs "k" through "p" shall serve at the pleasure of the
governor. For the members of the task force designated in
subsection 2, paragraphs "k" through "p ", at least one member
shall have experience in real estate, at least one member shall
have experience in land development, and at least one member
shall have experience in residential construction.
6. A vacancy on the task force shall be filled in the same
manner as the original appointment.
7. a. A majority of the members of the task force
constitutes a quorum. Any action taken by the task force
must be adopted by the affirmative vote of a majority of its
membership. A task force member's designee may vote on task
force matters in the absence of the member.
b. The task force shall elect a chairperson and vice
chairperson from the membership of the task force.
C. The task force shall meet at least four times before
November 15, 2010. Meetings of the task force may be called
by the chairperson or by a majority of the members. However,
the first meeting of the task force shall be called by the
governor.
d. Members of the task force shall not be compensated for
meeting participation or reimbursed for costs associated with
meeting attendance. A legislative member is not eligible for
per diem and expenses as provided in section 2.10.
8. The director of the department of management, or the
director's designee, shall provide staff assistance and
administrative support to the task force. The task force
may request information or other assistance from the Iowa
association of regional councils.
9. The director of the department of management, or the
director's designee, shall seek funding to support municipal
comprehensive planning in this state.
10. The task force shall comply with the requirements of
chapters 21 and 22. The department of management shall be the
official repository of task force records.
11. The duties of the task force shall include but are not
limited to the following:
a. Consult land use experts, representatives of cities
and counties, agricultural and environmental interests, urban
and regional planning experts, reports or information from
12
the local government innovation commission, and all other
information deemed relevant by task force members.
b. Solicit information from the general public on matters
related to comprehensive planning.
C. Evaluate state policies, programs, statutes, and rules
to determine whether any state policies, programs, statutes, or
rules should be revised to integrate the Iowa smart planning
principles under section 18B.1.
d. Develop statewide goals for comprehensive planning that
utilize the Iowa smart planning principles under section 18B.1,
and develop recommendations for a process to measure progress
toward achieving those goals.
e. Evaluate and develop incentives to conduct local and
regional comprehensive planning, including but not limited to
state financial and technical assistance.
f. Develop a model for regional comprehensive planning
within the state and recommend partnerships between state
agencies, local governments, educational institutions, and
research facilities.
g. Review municipal comprehensive plans to determine the
number of such plans that address the hazards identified in
section 18B.2, subsection 2, paragraph "k ", and the adequacy of
such plans in addressing those hazards.
h. Develop a set of recommendations that is consistent with
the Iowa smart planning principles under section 18B.1 and that
does all of the following:
(1) Coordinates, facilitates, and centralizes the exchange
of information related to state and local planning, zoning, and
development between state agencies and the general assembly.
(2) Coordinates discussions concerning a proposed
geographic information system between the producers and the
users of such systems.
(3) Allows the efficient production and dissemination of
population and other demographic statistical forecasts.
(4) Creates a centralized electronic storage location for
all comprehensive plans adopted under chapter 335 or chapter
414.
(5) Facilitates the cooperation of state and local
governments with comprehensive planning, educational, and
research programs.
(6) Provides and administers technical and financial
assistance for state and local comprehensive planning.
(7) Provides information to local governments relating
to state and federal resources and other resources for
comprehensive planning.
12. The task force shall prepare a report that includes
goals, recommendations, and other information described in
subsection 11, to the governor and the general assembly on or
before November 15, 2010.
13. The task force is dissolved on December 31, 2012.
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