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Zoning Ordinance Update RFPs D~ ~~~ MEMORANDUM November 8, 2004 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: RFP for Update of the Zoning Ordinance and the Subdivision Ordinance Planning Services Manager Laura Carstens and the Consultant Selection Committee recommend City Council approval of a Request for Proposals to solicit proposals from qualified professional consulting firms to prepare a comprehensive update of the City of Dubuque's Zoning Ordinance and the Subdivision Ordinance. The City Council has allocated $130,000 for consultant fees for this update, and it is anticipated that the project time frame will be approximately 12 to 18 months following the signing of a contract. I concur with the recommendation and respectfully request Mayor and City Council approval. M;'~"~~ " MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Laura Carstens, Planning Services Manager D~ ~~~ MEMORANDUM November 8, 2004 TO: FROM: Michael Van Milligen, City Manager Laura Carstens, Planning Services Manager ~ SUBJECT: RFP for Update of the Zoning Ordinance and the Subdivision Ordinance INTRODUCTION This memo transmits the recommended RFP (Request for Proposals) to solicit proposals from qualified professional consulting firms to prepare a comprehensive update of the City of Dubuque's Zoning Ordinance and the Subdivision Ordinance, for City Council review and approval. BACKGROUND The RFP was prepared with information collected from the American Planning Association, other cities who have undertaken similar ordinance updates, City staff, and members of the Consultant Selection Committee. The Committee includes staff from the Planning Services Department, City Manager's Office, Economic Development Department, Engineering Department and Finance Department. Our intent is to provide a user-friendly ordinance format that implements the goals and objectives of the Comprehensive Plan, recognizes the diverse physical characteristics of Dubuque's neighborhoods, and encourages planned and managed growth. The City staff is open to combining zoning and subdivision regulations in a comprehensive Land Development Code to meet this goal. Corporation Counsel Barry Lindahl has advised me that the zoning and subdivision regulations can be combined. The City Council has allocated $130,000 for consultant fees for this update. We anticipate that the project time frame will be approximately 12-18 months following the signing of a contract. RFP for Update of the Zoning Ordinance and the Subdivision Ordinance Page 2 DISCUSSION The RFP includes an introduction and background information on the community. A preliminary list of Ordinance Issues that have emerged over time from City staff, City officials, customers, and community stakeholders is included. The recommended Project Objectives fall in four broad categories: .¡" Conform with Local, State and Federal Codes .¡" Be Relevant for Dubuque .¡" Be User-Friendly .¡" Streamline the Process The Planning Process for updating the Zoning and Subdivision Ordinances was previously submitted to the City Council. It will involve the consultant working principally with a Technical Committee and periodically with a Citizen Advisory Committee and a Sign Review Advisory Subcommittee. Additional resources from the City organization and the community will be drawn on as needed for the update process. City staff is suggesting a few alterations to the previously-submitted planning process: . add Housing and Community Development staff to the Technical Committee due to the overlapping issues of housing development, zoning and subdividing; . add a past member of the Historic Preservation Commission to the Citizen Advisory Committee due to the number of concurrent cases appearing before both the HPC and the Zoning Board of Adjustment; . add a past member of the Historic Preservation Commission and/or the Zoning Board of Adjustment to the Sign Review Advisory Committee due to their expertise in dealing with sign regulations; and . add meetings with the Boards of Directors of the Chamber, GDDC, and Dubuque Main Street Ltd. to the process. The RFP describes specific minimum components which should be included in the Scope of Services, but also states that the City is open to suggestions other than those listed in this proposal which consultants believe would be of value to producing a comprehensive update of the City's Zoning and Subdivision Ordinances. The recommended Scope of Services covers five main work areas: . Collaboration with City . Public Involvement . Research & Analysis . Preparation of Comprehensive Ordinance Update . Adoption & Publication RFP for Update of the Zoning Ordinance and the Subdivision Ordinance Page 3 The task of Collaboration with City provides guidance for: City Interface - interaction between the consultants and City staff, Committees, and City officials; Work Program- schedule of tasks; and City Review - delivery format for work products. A Cost Estimate in a separate sealed envelope also is requested. Public Involvement has two main work products: Public Outreach - the consultant's suggested public participation program, and Visual Preference / Community Image Survey - a public participation tool that City staff would like to use as part of the update process that would focus on site development design. The consultant will be expected to conduct the survey using contrasting images of various types of site development design and different development types. The images with the highest negative and highest positive averages indicate where there is the most consensus. This consensus can then be incorporated into the recommended zoning and subdivision regulations and site development standards. Research & Analysis will involve the following work efforts: » Background Research - consultant's review of City plans, codes, reports, etc. » Ordinance Evaluation - identification of strengths and weaknesses. » Critical Issues Inventory -- identification of issues to be resolved. » New Techniques - state-of-the-art ideas to be considered. » Impact Analysis - cost analysis of site development options. » Other Data Collection/Research -- anything else the consultant feels is needed. Preparation of the Comprehensive Ordinance Update will be in three stages: 1) Working Outline - a list of pertinent sections and their scope, 2) First Draft - developed based on input and direction received, with references to existing codes for comparison, and 3) Final Draft - developed as a result of comments on the First Draft. Adoption & Publication will involve Final Publication - a completed Ordinance update with text and illustrations in hard copy and electronic format, and Internet Availability- interactive web-based version of the Ordinance update. The RFP describes the information that will be provided by the City, the information to be provided in the proposal by the consultant, and the evaluation criteria that will be used by the Consultant Selection Committee. Proposals will be screened to ensure that they meet the minimum requirements of the proposal format. The Consultant Selection Committee will review qualifying proposals, and may interview the short-listed firms. The committee will recommend the selection of a successful consultant to the City Manager, who in turn will make a recommendation to the City Council. Final determination of the selected consultant will be made by the Dubuque City Council. RFP for Update of the Zoning Ordinance and the Subdivision Ordinance Page 4 It is anticipated that the approved RFP would be posted on the American Planning Association website as well as mailed to qualified professional consulting firms during the week of November 15, 2004. Proposals will be due on December 22, 2004 to the Planning Services Department. RECOMMENDATION The Consultant Selection Committee recommends that the City Council review and approve the enclosed draft RFP, and then direct staff to solicit proposals from qualified professional consulting firms to prepare a comprehensive update of the City of Dubuque's Zoning Ordinance and the Subdivision Ordinance. Enclosures cc Barry Lindahl, Corporation Counsel Consultant Selection Committee . Cindy Steinhauser, Assistant City Manager . Kyle Kritz, Associate Planner, Planning Services Department . Guy Hemenway, Assistant Planner, Planning Services Department . Wally Wernimont, Assistant Planner, Planning Services Department . Pam Myhre, Associate Planner, Economic Development Department . Ron Turner, Land Surveyor, Engineering Department . Kathy Sturm, Purchasing Coordinator, Finance Department CITY OF DUBUQUE, IOWA November 16, 2004 REQUEST FOR PROPOSALS Comprehensive Update of Zoning Ordinance and Subdivision Ordinance INTRODUCTION The City of Dubuque, Iowa is soliciting proposals from qualified professional consulting firms to prepare a comprehensive update of the Zoning Ordinance and the Subdivision Ordinance. Our intent is to provide a user-friendly ordinance format that implements the goals and objectives of the Comprehensive Plan, recognizes the diverse physical characteristics of Dubuque's neighborhoods, and encourages planned and managed growth. The City is open to combining zoning and subdivision regulations in a unified or comprehensive Land Development Code to meet this goal. The last comprehensive update of the Zoning Ordinance was in 1985. The Zoning Ordinance has been amended frequently in piecemeal fashion since then. The last comprehensive update of the Subdivision Ordinance was in 1991. The Dubuque Comprehensive Plan was adopted in 1995 and updated in 2001- 2002. As principal tools for implementing the Comprehensive Plan, the Dubuque City Council has determined that the Zoning Ordinance and the Subdivision Ordinance need to be rewritten. This update is supported by the City's Long Range Planning Advisory Commission, Zoning Advisory Commission, and Zoning Board of Adjustment. It is anticipated that the time frame for the project will be approximately 12-18 months following the signing of a contract. The selected consultant will be expected to complete the contracted scope of work within the specified time frame, under the general direction and coordination of the City's Planning Services Department as authorized by the City Council. The Planning Services Department provides staff support for the Zoning Board of Adjustment, Long Range Planning Advisory Commission, Zoning Advisory Commission, and Historic Preservation Commission at their monthly meetings. The Planning Services staff facilitates and coordinates the Development Review Committee, which includes staff from the City's Building Services, Engineering, Water, and Fire Departments. The Committee holds weekly meetings to review planned unit developments, subdivision plats and site development plans with developers, architects, and engineers. COMMUNITY BACKGROUND The City of Dubuque is located on the Mississippi River in northeastern Iowa, adjacent to Illinois and Wisconsin. The City is approximately 30 square miles in area, with a population of approximately 60,000 persons. The City's annual operating and capital budget is nearly $100 million and funds a full range of services. The City's web site is www.cityofdubuque.ora. The community has a stable and diversified manufacturing base and a growing service sector. Dubuque is the major retail, medical, education and employment center for the tri-state area. Tourism continues to be a major economic force in the community. City government works in collaboration with the private sector to promote economic development. The job creation and unemployment numbers show that Dubuque is holding steady in a very volatile economic climate. Dubuque's construction numbers reveal an even more encouraging picture. Meeting Development Needs The City's long-range goals include maintaining compact and contiguous development; accommodating projected residential, commercial and industrial expansion; and facilitating planned and managed growth on the City's fringe. The city is restricted from expansion on its east side due to the Mississippi River, and is challenged by rugged terrain and limited roadway systems on the north and south. Since 1997, the City has spent approximately $13 million for land acquisition, water and sewer main extensions, construction of City streets, and site development costs for the Dubuque Industrial Center West. These investments on the west side have opened up potentially thousands of acres of land to meet development needs, with the capacity to serve those needs. From 1990-1998 the City of Dubuque averaged 350,000 square feet of non-residential construction each year. In the five-year period from 1999-2003, the City of Dubuque averaged nearly 1 million (988,203) square feet of non-residential construction each year. The year 2003 also saw continued growth in the number of residential units with 182 units being constructed. This is the second highest number since 1995 (with last year's 192 being the highest), and 40% higher than the seven previous years' average of 130 units per year. Downtown Revitalization In addition to extending City service for new industrial parks and planning for development of the urban fringe, the City of Dubuque has continued and strengthened its commitment to funding and partnerships for downtown revitalization and historic preservation. Partnerships and City investments have been key in the revitalization of Downtown. Since 1985, the following investment has occurred in Downtown Dubuque: 2 Façade Building New Real Estate Public Net New Renovation Rehabilitation Construction Sales Improvements Jobs $4,498,705 $61,800,327 $117,317,663 $76,173,696 $26,640,104 +1,744 57% since 83% since 58% since 78% since 43% since 1999 2000 1998 1999 2000 ($34,930,319) ($97,448,066) ($44,213,844) ($20,892,079) (755) Development Pattern Dubuque is Iowa's oldest city, and has a substantial collection of historically and architecturally significant structures. There are six National Register districts in Dubuque, with five of them in and around Downtown. The downtown area includes the central business district, transitional mixed-use neighborhoods north, west and east of downtown, and a substantial industrial district east of downtown. Downtown Dubuque contains many institutional, commercial, and industrial buildings that are architecturally significant and reflect a variety of styles and materials. Other Downtown buildings house a mix of uses, with first floor retailloffice uses and opportunities for uses on the upper floors. Consequently, Dubuque's development pattern varies within the corporate limits. The historic downtown neighborhoods include some two- and three-story residential buildings that are still fully residential. Other older neighborhoods include small lots in an urban streeUalley grid pattern with a mix of commercial and industrial uses along with neighborhood churches, parks and schools. Newer neighborhoods reflect larger single-family lots in suburban-style subdivisions with curvilinear streets and cul-de-sacs, largely separated from non-residential uses. In addition to large brick warehouses in the industrial area adjacent to Downtown, Dubuque has large-scale industrial parks along its riverfront and on the south and west ends of the community. Riverfront redevelopment is underway, with a concentration of commercial and recreational attractions. Neighborhood commercial areas are found along minor arterials throughout much of the city. Big box retailers are located in planned unit developments along major arterials on the city's west side. Campuses for colleges and hospitals generally are centrally located in the city. Most vacant developable land lies on the City's urban fringe. There is very little vacant developable land in the core of the city. The City of Dubuque has employed smart growth principles in planning and managing the community's growth and development for years before smart growth became a national buzzword. Since 1995, the Dubuque Comprehensive Plan has included goals and objectives that incorporate "smart growth" principles, such as encouraging City- County cooperation, and developing policies that enhance development of fringe areas and avoid unregulated sprawl. 3 Under Iowa Code, the City of Dubuque has sole jurisdiction for all rezonings, planned unit developments, and subdivisions within the corporate limits. Under Iowa Code, the City of Dubuque has extraterritorial jurisdiction for subdivision review and approval within two miles of the corporate limits. The Dubuque City Council adopted a development policy for this two-mile fringe area in 2004. ORDINANCE ISSUES Issues with the Zoning and Subdivision Ordinances have emerged over time from City staff, City officials, customers, and community stakeholders. For example: » The Zoning Ordinance is often difficult for the public and City staff to use and to interpret. It is not organized in an "easy to access" form, and lacks adequate illustrations. » The Subdivision Ordinance is a chapter of the Dubuque City Code that is related to but not referenced in the Zoning Ordinance, which is an Appendix to the City Code. Subdivision regulations are not incorporated into the Zoning Ordinance. » The Zoning Ordinance has conflicting, unclear, outdated, and/or confusing use categories, definitions, and provisions, and often an "unwritten" need to reference back to other sections of the Ordinance or other chapters of the City Code to fully comply with all applicable City regulations. ~ The Zoning Ordinance lacks an amortization clause for nonconformities. » The Zoning and Subdivision Ordinances do not always adequately address land use, historic preservation, and urban design objectives of the Comprehensive Plan such as encouraging a more urban streetscape, mixed use, downtown housing, flexible site development, alternative transportation, and smart growth. » A concern exists about the number of conditional rezonings, spot zonings, and multiple zoning designations for a single lot. » There are related issues in other sections of the City Codes, in City Engineering Standards, and in City plans and policies which necessitate updating the Zoning and Subdivision Ordinances, including: access management, parking, accessory uses, grading, excavation, erosion control, storm water runoff, signs, traffic, landscaping, street trees, outdoor storage, screening, lighting, dust, and noise. » There are three sets of regulations affecting signs. Two are administered by the Building Services Department, and the third is a section in the Zoning Ordinance. 4 PROJECT OBJECTIVES The objectives for updating the Zoning Ordinance and Subdivision Ordinance are to: Conform with Local State and Federal Codes .¡" Ensure the Ordinance update conforms to the Dubuque Comprehensive Plan. .¡" Update regulations in recognition of recent Iowa and Federal case law, including day care, group homes, mobile homes, manufactured homes, churches, Federal Fair Housing requirements and the Americans with Disabilities Act. .¡" Ensure that rights and responsibilities of property owners and of the City enforcement staff are clearly stated to avoid, whenever possible, disputes of interpretations. Be Relevant for DubuQue .¡" Prepare a comprehensive updated Zoning Ordinance and Subdivision Ordinance, or combine zoning and subdivision regulations in a unified or comprehensive Land Development Code. .¡" Update the Zoning and Subdivision Ordinances so that they are more responsive to contemporary development trends, recognize the diverse physical characteristics of Dubuque's neighborhoods (e.g. street patterns, building types, density etc.), and encourage quality development. .¡" Create coordinated regulations that facilitate development effectively, enhance neighborhood quality, and result in planned and managed growth. Be User-Friendly .¡" A customer-friendly ordinance format that is easy to use and organized to provide greater clarity for all readers, using charts whenever possible for easier reference to individual requirements. .¡" An illustrated Ordinance that graphically explains zoning, subdivision and site development requirements in simple, understandable terms, reduces the need for formal code interpretations, and refers to other sections of the Ordinance and other chapters of the City Code. .¡" A reorganized code available to the general public on-line at the City's web site, in an "easy access, easy lookup" format with electronic query capability, by search terms and by process type, that allows future amendments to be easily incorporated into the on-line presentation format. 5 Streamline the Process .¡" Streamline the tasks undertaken by the Zoning Advisory Commission, Zoning Board of Adjustment and City staff by crafting regulations that reflect the Comprehensive Plan's goals and objectives. .¡" Reduce the caseloads of the Zoning Advisory Commission, Zoning Board of Adjustment, City Council and City staff, by crafting regulations that require fewer requests for variances, special exceptions and rezonings. .¡" Identify opportunities for process simplification and flexibility, consistent with identified community goals and project objectives. PROJECT PLANNING PROCESS The anticipated planning process for updating the Zoning and Subdivision Ordinances will involve the consultant working principally with a Technical Committee and periodically with a Citizen Advisory Committee and a Sign Review Subcommittee. Technical Committee The consultant will work closely on the technical revisions of the Zoning and Subdivision Ordinances with a Technical Committee of City staff from the following Departments: Building Services . Legal Engineering Economic Development . Housing and Community Development Planning Services Citizen Advisory Committee The consultant will work with a Citizen Advisory Committee consisting of members of the Developers' Roundtable, which includes these stakeholders: Developers . Architects Engineers Realtors / Appraisers Dubuque Area Chamber of Commerce . Greater Dubuque Development Corporation The Citizen Advisory Committee will also include past members of: . Zoning Board of Adjustment . Long Range Planning Advisory Commission . Zoning Advisory Commission . Historic Preservation Commission 6 Sian Review Advisory Subcommittee As part of a comprehensive review and update of the Dubuque City Code, City staff identified the need to coordinate and consolidate three sets of sign regulations. A Sign Review Advisory Subcommittee will be formed to accomplish this task, and then forward recommendations to the Technical Committee and Citizen Advisory Committee as part of the update process. The Sign Review Advisory Subcommittee will include: . Building Services Department . Planning Services Department . Scenic By-Ways or Great River Road Parkway Commission representative . Past member of the Historic Preservation Commission . On-Premise Sign Industry representative . Off-Premise Sign Industry representative Additional Resources Additional resources from the City organization and the community will be drawn on as needed for the update process. These resources include: . Long Range Planning Advisory Commission . Zoning Advisory Commission . Zoning Board of Adjustment . Historic Preservation Commission . City Manager's Office (neighborhood development and public information) . Human Rights Department (fair housing) . Health Services Department (related code enforcement) . Planning Services Department (zoning enforcement and administration) Interviews and focus group meetings with key stakeholders would be part of the process. Meetings with the Long Range Planning Advisory Commission, Zoning Advisory Commission, Zoning Board of Adjustment, and Historic Preservation Commission; the Boards of Directors of the Dubuque Area Chamber of Commerce, Greater Dubuque Development Corporation, and Dubuque Main Street Ltd.; and other stakeholders will be held to identify deficiencies in the Ordinances. Members of the Developers' Roundtable will be invited to participate individually and as a group. PROJECT SCOPE OF SERVICES The following information describes specific minimum components which should be included in the Scope of Services. The Consultant should describe the means or strategy by which the consultant would satisfy the Scope of Services, and/or an alternative or hybrid strategy recommended by the consultant - what process and outcomes the consultant would suggest to make the project better. 7 The City is open to suggestions other than those listed in this proposal, which consultants believe would be of value to producing a comprehensive update of the City's Zoning and Subdivision Ordinances. The final scope of work is expected to be finalized with the selected consultant. Collaboration with City City Interface: The consultant will work with the Planning Services Department on development of the updated ordinances. The consultant and the Planning Services Staff will cooperatively: . Establish meeting schedules with the Technical Committee, Citizen Advisory Committee, and Sign Review Advisory Subcommittee to monitor and assist in the progress of the update; . Meet to review and discuss completed work plan components; . Conduct public meetings with community stakeholders and the general public to solicit input; . Solicit comments from the Zoning Advisory Commission, Zoning Board of Adjustment, and Long Range Planning Advisory Commission to discuss existing zoning and subdivision issues and potential strategies and tools for consideration; . Conduct regular update meetings with the Planning Services Manager, Corporation Counsel, and City Manager; . Conduct public meetings with appointed and elected officials to discuss completed work plan components prior to making final recommendations; and . Prepare the presentation of the final draft for adoption and attend the public hearings of the Zoning Advisory Commission and City Council. Meetings between the consultant's project coordinators and the Technical Committee will occur during the draft Work Program, public participation program, visual preference survey, ordinance evaluation, critical issues identification, working outline, first draft, and proposed final draft stages. Under City Code, any revision to the existing Zoning Ordinance or the existing Subdivision Ordinance requires first a public hearing before the Zoning Advisory Commission, and then a public hearing before the City Council. The Zoning Advisory Commission provides a recommendation to the City Council, who makes the decision. The appropriate members of the consultant team shall be responsible for facilitating all public work sessions and/or hearings before the Zoning Advisory Commission and City Council regarding review and approval of the comprehensive Ordinance update. The consultant will be responsible for preparation of all necessary and associated correspondence, documents, staff reports, public workshop and detailed meeting minutes. 8 The Planning Services Department will be responsible for scheduling and managing the public hearings, interactions with public officials, publication of hearing notices as required by Iowa Code, and presentation of the final draft for review / recommendation by the Zoning Advisory Commission and adoption by the City Council. Work Proaram: The consultant will prepare a draft Work Program for the Ordinance update process, including necessary background research and analysis, detailed schedules of dates, document delivery dates and document review periods, administrative meetings, public participation workshops and activities, time schedule and document preparation milestones, public meeting dates, City Council work sessions, public hearings before the Zoning Advisory Commission and City Council, etc. The draft Work Program will be presented to City Manager and City Council for review and approval. City Review: Review copies should be provided in electronic format using Microsoft Word. If charts, graphics, illustrations, maps and/or photographs are provided through the process, these products should be delivered electronic formats compatible with the City's computer software and hardware. Cost Estimate: A detailed cost estimate for completing the entire project based on the draft Work Program items should be provided in a separate sealed envelope, including the final formatting, graphics and printing of the final City Council approved Ordinance update. Public Involvement Public Outreach: An extensive public participation program is anticipated. The consultant will be expected to work closely with the general public, Technical Committee, Citizen Advisory Committee, and public officials for the duration of the process, attend all meetings and workshops, and facilitate "hands-on" programs that will involve workshop participants. With the expected high level of general public involvement or interest in the update process, a methodology of communication, beyond the public meeting format, must be included in the proposal. Public outreach may be accomplished through public forums/hearing notices, web site announcements, media releases, cable television announcements, targeted mailings, etc. The City of Dubuque has a website and a local access channel available to assist in the communication effort. Citywide community workshops I meetings and business community meetings are anticipated to solicit input on issues that may be relevant the residential and/or business communities. It is also anticipated that smaller group workshops may be necessary with selected participant groups to focus on the review of individual sections, such sign contractors to discuss the sign regulations. Interviews of key staff and stakeholders may also be appropriate. It is expected that all of these meetings would be attended by one or more members of the consultant team. 9 The goal is that citizens are given the greatest possible opportunity to have input into the update through public forums, workshops, and on-line submissions. The consultant should provide innovative and proven communication methods. Such alternatives should be clearly described in the proposal. The proposal should include the projected number of public meetings/ presentations to be held by the consultant. Visual Preference / Community Imaae Survey: The City of Dubuque would like to use a visual preference / community image survey as a planning and public participation tool for the Ordinance update. As a citizen participation tool, the survey process empowers residents to become a part of the planning process, and makes people aware of the compromises inherent in design and land use decisions. The focus of Dubuque's survey will be on site development design. The consultant will be expected to conduct the survey using contrasting images of various types of site development design such as signs, building designs, and parking lots; and different development types such as industrial, waterfront, neighborhood commercial, various densities of residential, etc. The images with the highest negative and highest positive averages indicate where there is the most consensus. After learning about development design alternatives through the survey, community members then can develop a common vision of the physical characteristics they would like to see in the future design of their community. This vision can then be incorporated into the community's zoning and subdivision regulations and site development standards. The intent of the survey will be to identify the characteristics across the community that define and distinguish a neighborhood or development-type from one another for the purposes of: . establishing appropriate density, setbacks, and other dimensional requirements; . evaluating possible re-delineation of zoning districts; and . creating flexible site development standards that are sensitive to surrounding land uses and site characteristics to ensure compatible development. The proposal should include the methodology to be used for the visual preference I community image survey. Research & Analysis Backaround Research: The consultant will need to conduct background research into the community's characteristics, planning documents, and regulatory codes and processes. Document review will include the following: » Conduct a detailed review of the Zoning Ordinance and Subdivision Ordinance. 10 » Review the present zoning classification boundaries as shown on the Official Zoning Map and the Ordinance provisions in contemplation of new or reorganized zoning districts and overlays. » Review the 2002 Comprehensive Plan in sufficient detail to ensure that the update of the Ordinances is consistent with and implements the Plan's policies, goals and objectives. » Review the sign regulations in the Building Code, and identify how to consolidate the City's three sets of sign regulations into one. » Review recommendations of the 2001 Affordable Owner-Occupied Housing Committee, and incorporate applicable recommendations into the Ordinance update. » Review goals and objectives of the 2004 Downtown Master Plan, and integrate applicable goals and objectives into the Ordinance update. » Review the City Engineering Department's subdivision and site development design standards. » Evaluate Zoning Board of Adjustment cases as well as the limited setback waivers approved by the Planning Services staff to identify opportunities for ordinance revisions. » Review the land use and development provisions of the City's various Urban Renewal plans for overlapping and contradicting requirements. » Analyze and inventory Dubuque's existing development patterns. » Complete field studies to evaluate current conditions and observe unique conditions and/or circumstances. Ordinance Evaluation: The consultant will prepare a written evaluation of the existing Zoning Ordinance, Subdivision Ordinance, and Official Zoning Map. This written evaluation will include detailed commentary on the strengths and weaknesses of the existing standards with particular regard to comprehensiveness, clarity, and coverage gaps. It will identify conflicting, unclear, outdated and/or confusing use categories, definitions, or provisions in the ordinances and ways to resolve and clarify the same. Effective approaches and relevant regulations used by other communities will be evaluated and considered as to their appropriateness for inclusion in the Dubuque ordinance. This will facilitate providing the City of Dubuque options on different approaches. The consultant will work with the Technical Committee and Citizen Advisory Committee to identify opportunities for process simplification, consistent with 11 identified goals. A preliminary analysis has identified issues in the existing Ordinances that should be addressed as part of the update (see Ordinance issues listed above). Critical Issues Inventory: The consultant will prepare a written inventory of the critical issues that must be addressed and resolved to ensure that the update is complete in its scope and coverage and addresses the Project Objectives listed above. As a preliminary guide, the following subject areas are considered priority areas of interest: .¡" Evaluate the pro's and con's of combining the Zoning and Subdivision Ordinances into a unified, comprehensive Land Development Code. .¡" Making the final document easy to follow, highly illustrated, and available on the web. .¡" Review, improve and update lists of permitted uses and standards for each district, recognizing different patterns of development, scale and massing. .¡" Provide clear statements of which uses are permitted in each district and what standards must be met, rather than reference back to other sections of the code. .¡" Organize the standards specifically addressing signs in each district (what type permitted, where permitted, height, number, size, etc.). .¡" Review, improve and update definitions, to assure clarity, necessity and compatibility with commonly accepted definitions. .¡" Ensure that definitions are consistent with other related ordinances and codes. .¡" Reference other sections of the revised code and other chapters of the City Code when appropriate. .¡" Evaluate Planned Unit Development (PUD) options, "buildable area" provisions, and floor area ratio provisions. .¡" Ensure density, setbacks, and other dimensional requirements fit with the existing and desired neighborhood scale. .¡" Review, improve and update standards for site plan and subdivision reviews, and modernize existing zoning and subdivision development standards. .¡" Revise existing provisions regarding site development review and evaluate the creation of new or improved flexible and illustrated site development standards. .¡" Review, improve and update parking standards and requirements to prevent excessive and unnecessary parking areas. 12 .¡" Evaluate current ordinance provisions pertaining to inclusionary zoning and housing replacement. .¡" Evaluate potential accessory apartment provisions. .¡" Evaluate smart growth/green building design options. .¡" Evaluate open space protection measures. New Techniaues: The consultant will prepare a written analysis of the current state-of- the-art relevant zoning and subdivision techniques, technologies, and tools that should be considered for incorporation into the new ordinance based on the evaluation completed. Impact Analysis: Prepare an impact analysis of various site development standards in terms of their installation and maintenance costs, land and development costs, and cost/benefit of using new technologies such as green building design options, pervious pavement, etc. Other Data Coliection/Research: The consultant will undertake the collection of data and other appropriate research sufficient to ensure that all necessary information for the update is available for consideration in the drafting process. Preparation of Comprehensive Ordinance Update Workina Outline: With advice and assistance from the Technical Committee and Citizen Advisory Committee, the consultant will prepare a working outline of the update listing the pertinent sections and the scope of their coverage. Following the City's review and approval of the outline, the consultant shall prepare a first draft of the update. First Draft: The consultant will prepare a comprehensive updated Zoning Ordinance and Subdivision Ordinance, or a combination of zoning and subdivision regulations in a unified or comprehensive Land Development Code. The first draft of the Ordinance update will incorporate the results from the tasks above and any supplementary material; the update should include references to the current Ordinances so that comparisons can be made. The first draft of the update will be discussed in detail with the Technical Committee, Citizen Advisory Committee, Zoning Advisory Commission, City Manager and City Council. It shall also be presented in appropriate ways to the general public and community stakeholders for its review and commentary. 13 All of the existing, updated and new sections of the updated Ordinance(s) will be reviewed and prepared to reflect the work program, public input received, and input and direction from public officials. The Ordinance update should establish internal consistency, be at or above industry standards, and ensure legal compliance with all current State and Federal Laws. Final Draft: Taking into account the commentary received concerning the first draft of the update, the consultant will prepare a proposed final draft of the update. The same review mechanisms applicable to the first draft will be utilized for the proposed final draft. The consultant will provide the Planning Services Department with two Microsoft Word computer disk file copies of the proposed final draft of the update: one in a strike- ouUnew text version (with graphics), and one final clean-copy version (with graphics), that can be loaded onto the City's web site. Adoption & Publication Final Publication: Taking into account the commentary received concerning the proposed final draft as adopted by the City Council, a final submission, complete with maps and illustrations suitable for publication and distribution in both hard copy and in electronic format on CD will be made to the City for its review and approval. The consultant will provide a final copy of the adopted Ordinance update, in the following formats: a) In reproducible paper format, including all text, maps, charts and drawings; b) In electronic format, acceptable to the City Clerk's Office, which allows the City of Dubuque to maintain, publish and distribute the updated Ordinance(s) on paper, on the Internet, and on text-searchable CD-ROMs. Internet Availability: Development and submission of an interactive web-based version of the Ordinance update will be made to the City for its review and approval. CITY RESOURCES City Resources Available to the Consultant: The City will make its ArcView GIS mapping and data analysis capabilities available for this project as well as staff contacUresources persons in both the Planning Services Department and in the Legal Department. Material included with the RFP: Zoning Ordinance and Official Zoning Map Subdivision Ordinance Building Services Department's sign regulations 14 Material to be provided or readily available: City of Dubuque Code of Ordinances Comprehensive Plan Affordable Owner-Occupied Housing Committee Report Downtown Dubuque Master Plan Engineering Department's subdivision and site development design standards Additional information can also be obtained from the Planning Services Department's section of the City of Dubuque website, www.cityofdubuaue.oro. INFORMATION TO BE INCLUDED IN PROPOSAL The Proposal should address all of the points outlined in this Request for Proposal (RFP) excluding any cost information which should only be included in a separate sealed envelope labeled "Project Cost Estimate". The proposal should be prepared simply and economically, providing a straight forward, concise description of the firm's capabilities to satisfy the requirements of the RFP. To simplify the review process and to obtain the maximum degree of comparability, the proposal shall include the following information and shall be organized in the manner specified below. While additional data may be presented, the following subjects must be included. They represent the criteria against which the proposal will be evaluated. Letter of Transmittal Provide a letter of transmittal briefly outlining the consultant's understanding of the work and the name, address, telephone number, fax number and email address of the consultant's primary contact person. Profile of Firm Provide general information about the firm and its area of expertise as regards this RFP, including the qualifications of the Project Manager and other key personnel who would be assigned to the project. State the size of the firm, the size of the firm's professional staff, the location of the office from which the work on this project is to be performed, and the number and nature of professional staff to be employed on a part-time basis. Indicate other information that will reflect the philosophy of the firm regarding its approach to this project and how this approach will result in the successful completion of the project. Discuss the firm's ability to integrate this project into the firm's present workload. A statement should also be included with regard to whether the consulting team currently has the capacity to undertake the project or whether it intends to engage additional staff or team members. 15 Proposal Qualifications List the names of the anticipated Project Manager and other key personnel associated with the project and their qualifications and experience. Identify the principal supervisory and management staff, including partners, managers, other supervisors and subject matter experts who would be assigned to this project. Provide as much information as possible regarding the number, qualifications, training, and any relevant continuing and professional education of the specific staff to be assigned to this project. Project Manager, partners, management, other supervisory staff and specialists may be changed if those personnel leave the firm. These personnel may also be changed for other reasons with express written permission of the City of Dubuque; however, in either case, the City retains the right to approve or reject replacements. Other personnel may be changed at the discretion of the consultant, provided that the replacements have substantially the same or better qualifications or experience. Describe the experience and success of the firm, as well as the key personnel proposed for Dubuque project, in performing similar projects, including the following activities: . Experience and success in working with zoning and subdivision code revisions in cities similar to Dubuque; Experience and success in working with zoning and subdivision code revisions involving utilization of visual code components; Experience and success in working with zoning and subdivision code revisions which support and encourage development; Experience and success in working with technical and citizen task forces; Understanding of the planning, public administration and legal context of zoning and subdivision regulations. . . . . Include at least 3 client references (including individual contacts and telephone numbers) with similar projects that have been completed in the last five (5) years. List the names of the key personnel proposed for Dubuque project who worked on the referenced projects. Describe the name and location of other sub-consulting firms that would be used by the firm in the project and the approximate percentage of the work that would be performed by each of these firms. Include the experience and qualifications of the sub-consultant firm and its key personnel in working on similar projects. Identify any minority or women- owned business enterprises. Certificate of Insurance The selected firm will be required to meet the City's insurance requirements for professional services (see attached Insurance Schedule C). 16 Scope of Services Describe the means or strategy by which the consultant would satisfy the Scope of Services, and/or an alternative or hybrid strategy recommended by the consultant - what process and outcomes the consultant would suggest to make the project better. Include a section which establishes a work plan for the firm's approach to the completion of the project. The work plan, at a minimum, should include those components outlined in the RFP. The consultant should indicate in the proposal those aspects that might be completed by City staff or interns. All results from this project will remain the property of the City of Dubuque. Proposed Proiect Schedule Provide a project schedule outlining the time period and estimated completion date of the proposed scope of work. This should include a schedule for and description of all deliverable products throughout the period. Products should be delivered in hardcopy and electronic formats compatible with the City's computer software and hardware. It is the intent of the City that the project will be completed within approximately 12-18 months of signing a contract. Fees and Compensation Provide a proposed cost plus expenses budget for completion of the proposed scope of services with cost breakdowns by scope element. Include hourly rates of personnel to be assigned to the project. The consultant should also include in the proposal their typical schedule or reimbursable activities and associated expense. Quotation of fees and compensation shall remain firm for a period of at least 90 days from the RFP submission deadline. Please separate the proposed budget from the other portion of the RFP submittal. Initial screening will be done without knowing the consultant's proposed fee for services. SUBMISSION REQUIREMENTS An original plus eight (8) copies of the proposal labeled Comprehensive Update of Zoning Ordinance and Subdivision Ordinance must be received in the office of the City of Dubuque's Planning Services Department, 50 W. 13th Street, Dubuque, Iowa 52001 no later than 5:00 p.m. on or before December 22, 2004. Proposals should be addressed to Laura Carstens, Planning Services Manager, at the above address. Questions can be directed to Mrs. Carstens by telephone at (563) 589- 4210, by fax at (563) 58~221, or by email at Icarsten@cityofdubuaue.orQ. 17 There should be no dollar units or total cost included in the proposal document. All cost proposals should be submitted with the proposal in a separate sealed envelope labeled Project Cost Estimate. Each consultant assumes full responsibility for delivery and deposit of the completed proposal package on or before the deadline. The City of Dubuque is not responsible for any loss or delay with respect to delivery of the proposals. The City of Dubuque reserves the right to reject any and all proposals and to negotiate changes with any consultant. The City of Dubuque is not liable for any cost incurred by any consultant prior to the execution of an agreement or contract. Nor shall the City of Dubuque be liable for any costs incurred by the consultant that are not specified in any contract. The City of Dubuque is an Equal Employment Opportunity Employer. EVALUATION CRITERIA Proposals will be screened to ensure that they meet the minimum requirements of the proposal format. A selection committee will review qualifying proposals, and may interview the short-listed firms. The following criteria are among those that will be used to evaluate submitted proposals. 1. A high level of professional competence and a proven track record in the preparation of Zoning Ordinances, Subdivision Ordinances, Land Development Codes, Visual Preference I Community Image Surveys, and the implementation of public participation programs: a. Qualifications and experience of the firm and any sub-consultants. b. Demonstration of professional and technical expertise and experience of the principal consulting staff and sub-consulting staff that will work on the project. c. If a joint venture, the track records of team members' experience working together. 2. Design approach/methodology in completing scope of services: a. Grasp of project requirements and level of interest. b. Creativity and problem solving ability. c. Ability of consultant team to demonstrate initiative, motivation and knowledge of the City of Dubuque. 3. Responsiveness and compatibility between consultants and City: a. General attitude and ability to communicate. b. Ability to listen, be flexible, and follow and/or implement direction and/or ideas or concepts. c. How the consultant team interacts with the general public, City staff, and public officials. 18 4. Ability of the consultant to maintain a high level of direct interaction and communication with City officials. 5. Public facilitation capabilities and experience working with the public, as well as citizen committees, in diplomatically crafting standards andlor criteria to be incorporated into the Zoning Ordinance. 6. Quality of the proposal. The proposal should clearly demonstrate: a. Understanding of the City's overall objectives in the comprehensive Zoning Ordinance and Subdivision Ordinance update process. b. Ability to produce high quality documents that are user friendly with high quality graphics. c. Ability to make high quality oral and visual presentations using Microsoft PowerPoint. 7. Cost of preparing the comprehensive Zoning Ordinance and Subdivision Ordinance update in relationship to the services offered. 8. Proposed schedule required to complete project. 9. Review of references and work product. The committee shall recommend the selection of a successful consultant to the City Manager, who in turn will make a recommendation to the City Council. Final determination of the selected consultant shall be made by the Dubuque City Council. 19