Zoning & Subd Ordinance Update
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MEMORANDUM
September 2, 2004
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: Update of the Zoning and Subdivision Ordinances
In Fiscal Year 2003, the City Council allocated $130,000 for consultant fees and public
relations for an update of the Zoning and Subdivision Ordinances. This budget
improvement request was recommended by the Long Range Planning Advisory
Commission, Zoning Advisory Commission, and Zoning Board of Adjustment.
For many years, the City Council has set a goal for planned and managed growth. The
Zoning Ordinance was last updated in 1985. The Subdivision Ordinance was last
updated in 1991. The Dubuque Comprehensive Plan was adopted in 1995 and updated
in 2001. The Plan's proposed Land Use Map was updated in 2001-2002. As principal
tools for implementing the Comprehensive Plan, the City Council has directed that the
Zoning Ordinance and the Subdivision Ordinance be updated.
The Long Range Planning Advisory Commission, Zoning Advisory Commission and
Zoning Board of Adjustment recommend updating the Zoning Ordinance and
Subdivision Ordinance as described below:
. Create a more user-friendly format designed to implement the relevant goals and
objectives of the Comprehensive Plan.
. Review the Building Services Department's sign regulations and the federal Fair
Housing requirements.
. Incorporate recommendations of the Affordable Owner-Occupied Housing
Committee.
. Integrate Downtown Master Plan goals and objectives.
. Evaluate the cases heard by the Zoning Board of Adjustment as well the limited
setback waivers approved by the Planning Services staff.
. Review the land use and development provisions of the City's various Urban
Renewal plans.
The recommended planning process for updating the Zoning and Subdivision
Ordinances is to involve a consultant working with a Technical Committee and a Citizen
Action Committee. An extensive public participation program is anticipated. The
consultants will be expected to work closely with the general public, City staff and public
officials for the duration of the process, and attend all meetings and workshops, and
facilitate "hands-on" programs that will involve workshop participants. Interviews and
focus group meetings with key stakeholders would be part of the process. The
Developers' Roundtable would be invited to participate in the process.
The intent would be to complete the Request for Proposal within the next 30 days and
hire a consultant within 90 days.
I respectfully recommend Mayor and City Council approval of the process to update the
Zoning and Subdivision Ordinance.
(il1/{et;., Ai!
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Laura Carstens, Planning Services Manager
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MEMORANDUM
September 2, 2004
TO:
Michael C. Van Milligen, City Manager
Laura Carstens, Planning Services Manager ~
Kyle L. Kritz, Associate Planner~,
SUBJECT: Update of the Zoning and Subdivision Ordinances
FROM:
INTRODUCTION
In Fiscal Year 2003, the City Council allocated $130,000 for consultant fees and public
relations for an update of the Zoning and Subdivision Ordinances. This budget
improvement request was recommended by the Long Range Planning Advisory
Commission, Zoning Advisory Commission, and Zoning Board of Adjustment.
BACKGROUND
For many years, the City Council has set a goal for planned and managed growth. To
ensure that the Comprehensive Plan is a relevant guide for planned and managed
growth, the tools that implement the Comprehensive Plan must be relevant.
The Zoning Ordinance was last updated in 1985. The Subdivision Ordinance was last
updated in 1991. The Dubuque Comprehensive Plan was adopted in 1995 and updated
in 2001. The Plan's proposed Land Use Map was updated in 2001-2002. As principal
tools for implementing the Comprehensive Plan, the Zoning Ordinance and the
Subdivision Ordinance need to be updated.
DISCUSSION
The Ordinance review and update process should make the jobs of the Zoning Advisory
Commission, Zoning Board of Adjustment and City staff easier by having City
Regulations reflect the Comprehensive Plan's goals and objectives. This coordinated
linkage of Comprehensive Plan goals to City Codes should ensure internal consistency
within and between zoning districts. The updated ordinance also should reduce the
caseloads of the Zoning Advisory Commission, Zoning Board of Adjustment, City
Council and staff. Requests for variances, special exceptions and rezonings should be
fewer. As a result of the update, the City should have coordinated and user-friendly
regulations that are easier to explain and that facilitate development, enhance
neighborhood quality and result in planned and managed growth.
Update of the Zoning and Subdivision Ordinances
September 2, 2004
Page 2 of 4
RECOMMENDATION
The Long Range Planning Advisory Commission, Zoning Advisory Commission and
Zoning Board of Adjustment recommend updating the Zoning Ordinance and
Subdivision Ordinance as described below:
. Review/create a more user-friendly format with references to other sections that
might include creation of a "unified or comprehensive development ordinance" (a
combination of the Zoning and Subdivision Regulations in a single Ordinance),
designed to implement the relevant goals and objectives of the Comprehensive
Plan.
. Review the Building Services Department's sign regulations and the federal Fair
Housing requirements.
. Review/incorporate recommendations of the Affordable Owner-Occupied
Housing Committee.
. Review/integrate Downtown Master Plan goals and objectives.
. Evaluate the number of and kinds of cases heard by the Zoning Board of
Adjustment as well the limited setback waivers approved by the Planning
Services staff.
. Review the land use and development provisions of the City's various Urban
Renewal plans.
Plannina Process
The recommended planning process for updating the Zoning and Subdivision
Ordinances is to involve a consultant working with a Technical Committee and a Citizen
Action Committee. An extensive public participation program is anticipated. The
consultants will be expected to work closely with the general public, City staff and public
officials for the duration of the process, and attend all meetings and workshops, and
facilitate "hands-on" programs that will involve workshop participants. Interviews and
focus group meetings with key stakeholders would be part of the process. The
Developers' Roundtable would be invited to participate in the process.
Technical Committee
We are recommending a Technical Committee of City staff. The Technical Committee
would meet more often than the Citizen Advisory Committee. The Technical Committee
would work with the consultant on the technical revisions of the Zoning and Subdivision
Ordinances. The proposed membership for the Technical Committee would include:
. Building Services Department: Rich Russell
. Legal Department: Tim O'Brien
. Engineering Division: Ron Turner
Update of the Zoning and Subdivision Ordinances
September 2, 2004
Page 3 of 4
. Economic Development Department: Pam Myhre
. Planning Services Department: Laura Carstens, Kyle Kritz, Guy Hemenway and
Wally Wernimont
Citizen Advisorv Committee
The Citizen Advisory Committee would spend less time on the technical revisions. We
are recommending that past members of the Long Range Planning Advisory
Commission, Zoning Advisory Commission and Zoning Board of Adjustment serve on
the Citizen Advisory Committee due to the workloads of these three boards. We also
recommend community stakeholders from the Developers' Roundtable be on the
Citizen Advisory Committee. Membership of the Citizen Advisory Committee is
recommended as follows:
. Developers' Roundtable:
0 Developer
0 Architect
0 Engineer
0 Realtor or appraiser
0 Chamber
0 GDDC
. Past members of:
0 Zoning Board of Adjustment
0 Long Range Planning Advisory Commission
0 Zoning Advisory Commission
Additional Resources
Additional resources from the City organization and the community would be drawn on
as needed for the update process. These resources would include:
. Long Range Planning Advisory Commission
. Zoning Advisory Commission
. Zoning Board of Adjustment
. City Manager's Office: Jerelyn O'Connor (neighborhoods) and Susan Gwiasda
(public relations)
. Human Rights Department: Kelly Larson (fair housing)
. Housing & Community Development Department: David Harris (affordable
housing and code enforcement)
. Health Services Department: Mary Rose Corrigan (code enforcement)
. Planning Services Department: Susan Brennan, Kay Munson and Melinda
Rettenberger (code enforcement and administration)
Update of the Zoning and Subdivision Ordinances
September 2, 2004
Page 4 of 4
Sian Review Advisorv Subcommittee
As part of the comprehensive review and update of the City Codes, City staff identified
the need to coordinate and consolidate three sets of regulations affecting signs. Two of
these codes are administered by the Building Services Department. The third is a
section in the Zoning Ordinance.
We recommend that a small Sign Review Advisory Subcommittee be formed to
accomplish this task. The Subcommittee's recommendations would be forwarded to
the Technical Committee and Citizen Advisory Committee as part of the update
process. The Sign Review Advisory Subcommittee is recommended to include:
. Building Services Department: Rich Russell
. Planning Services Department: Laura Carstens and Guy Hemenway
. Scenic By-Ways or Great River Road Parkway Commission Rep
. On-Premise Sign Industry Rep
. Off-Premise Sign Industry Rep
CONCLUSION
With your recent approval of the Consultant Selection Committee, we can prepare a
Request for Proposal (RFP) for updating the Zoning and Subdivision Ordinances. We
have collected RFP's from cities who recently conducted similar code updates.
We would anticipate that you would appoint people to these committees from the
identified resources. Your approval of the committee structure and planning process
recommended above should enable us to complete the RFP within the next 30 days,
and to have a consultant under contract within the next 90 days. We would expect to
complete the update in the following 12 months - i.e., calendar year 2005.
REQUESTED ACTION
The requested action is for approval of the recommendations for initializing the update
of the Zoning and Subdivision Ordinances.
LC/mkr