Zoning Text Amend Subdivision Regs
Planning Services Department
City Hall
50 West 13th Street
Dubuque, Iowa 52001-4864
(563) 589-4210 office
(563) 589-4221 fax
(563) 690-6678 TDD
planning@cityofdubuque.org
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November 10, 2005
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The Honorable Mayor and City Council Members
City of Dubuque
City Hall- 50 W. 13th Street
Dubuque IA 52001
RE: Text Amendment
Applicant:
Description:
City of Dubuque
To amend Section 42-24 Improvement Guarantees of the City of
Dubuque Subdivision Regulations.
Dear Mayor and City Council Members:
The City of Dubuque Zoning Advisory Commission has reviewed the above-cited
request. The application, staff report and related materials are attached for your review.
Discussion
Associate Planner Kyle Kritz spoke in favor of the request, reviewing the proposed
changes to the Subdivision Regulations concerning the bonding of public improvements
within new subdivisions. Staff indicated that the proposed changes were reviewed as
part of a Developer's Roundtable where local developers and engineers were notified.
No objections were raised.
There were no public comments.
The Zoning Advisory Commission discussed the request, reviewing the present bonding
requirements and the proposed changes.
Recommendation
By a vote of 6 to 0, the Zoning Advisory Commission recommends that the City Council
approve the request.
A simple majority vote is needed for the City Council to approve the request.
Respectfully submitted,
Jy(6 ~L
Jeff Stiles, Chairperson
Zoning Advisory Commission
cc: Gus Psihoyos, City Engineer
Service
People
Integrity
Responsibility
Innovation
Teamwork
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City of Dubuque
Planning Services Department
Dubuque, IA 52001-4864
Phone: 563-589-4210
Fax: 563-589-4221
PLANNING APPUCATION FORM
o Variance
DConditional Use Permit
DAppeal
DSpecial Exception
DLimited Setback Waiver
DRezoning
DPlanned District
DPreliminary Plat
DMinor Final Plat
IKlText Amendment
D5imple Site Plan
DMinor Site Plan
o Major Site Plan
o Major Final Plat
DSimple Subdivision
DAnnexation
DTemporary Use Permit
DCertificate of Economic Non-Viability
DCertiftcate of Appropriateness
DOther:
Please tvoe or Drint leaiblv in ink
Property owner( s):
Phone:
Address:
City:
State:_ Zip:
Fax Number:
Mobile/Cellular Number:
Applicant/Agent:
Citv of DubuQue
Phone: 589-4210
Address: 50 W. 13th 5t.
City: DubuQue
State: --18- Zip: 52001
Fax Number: 589-4221
Mobile/Cellular Number:
Site location/address: N/A
Existing zoning: N/A
Proposed zoning: NI A
Historic District: N/A
Landmark: NI A
Legal Description (Sidwell parcel ID# or lot number/block number/subdivision):
N/A
Total property (lot) area (square feet or acres): N/A
Describe proposal and reason necessary (attach a letter of explanation, if needed):
memorandum
CERTIFICATION: I/we, the undersigned, do hereby certify that:
1. The information submitted herein is true and correct to the best of my/our knowledge and upon
submittal becomes public record;
2. Fees are not refundable and payment does not guarantee approval; and
3. All additional required written and graphiC materials are attached.
See enclosed
Property Owner(s): '7 / 6... A I~
Applicant/Agent: ! Zr 1 ci'1' U L
, ...
Date:
Date:
IC/ ,~Ylf /~
,
FOR OFFICE USE 0
Fee: ---.- Received by:
DSite/sketch plan Deonceptual Develo ment Plan
DDeslgn review project description DFloor plan
nON SUBMITTAL CHE KUST
Date: /t:7, e>5 Docket:
DPhoto Dlmprovement plans
DPlat DOther:
DD~~E
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MEMORANDUM
October 14, 2005
SUBJECT:
Zoning Advisory Commission
Gus Psihoyos, City Engineer P
Laura Carstens, Planning Services Manager ~
Text Amendment to Subdivision Regulations -" Subdivision Bonding
TO:
FROM:
INTRODUCTION
This memo presents a text amendment to Chapter 42 of the City Code, the Subdivision
Regulations, conceming subdivision bonding for proposed public improvements as
recommended by the City of Dubuque. The amendment would require the owner of a
subdivision to provide performance and maintenance guarantees for public
improvements. An ordinance adopting the amendment is enclosed for consideration.
DISCUSSION
Section 42-24(a) of the City's current Subdivision Regulations requires bonding for the
public improvements in a subdivision in the amount of 110% of the amount for the
improvements. The current ordinance requires 100% of the improvements bonded by
the contractor and 10% by the owner of the property.
During a review and discussion of the current bonding requirements with the Legal
Department, the City's insurance advisors, and other outside sources, revision in this
section of the Subdivision Regulations was recommended.
Currently, the contractor bonds for 100% of the public improvements and the owner only
10%. There is a possibility that the owner and contractor could have a disagreement
and the owner consequently could decide not to pay the contractor for his/her work on
the subdivision. The contractor would still obligated to provide the improvements bonded
for, but may not get paid to do so.
Historically, the City has requested copies of the contract between the owner and
contractor for the subdivision file.
Subdivision Bonding
Page 2
If bonding requirements remain as the current Subdivision Regulations state, the City
should be a party to the contract, making the City liable for payments to the contractor if
the owner defaults. Legal staff stated this is a position that the City should avoid.
City staff notified local developers and engineers and held a discussion with the
Developer's Roundtable on the proposed revisions. No objections to the proposals were
brought forward, even though it was discussed that the proposed revision may preclude
the owner with limited assets from developing within the city of Dubuque.
RECOMMENDATION
It is recommended that a new bonding procedure for public improvements in subdivision
be established that requires the developerllandowner to bond for 110% of the
improvements for the development instead of the current 10%. It is further
recommended that after the improvements have been accepted by the City Council, the
amount of the two-year maintenance bond be reduced to 25%.
The proposed amendment to Section 42-24(a) of the Subdivision Regulations is shown
below, with existing language crossed out and new language shown in bold.
Sec. 42-24. Improvement guarantees.
(a) Application: Before the recording of final plats, or as a condition of approval of
final plats, the Commission and City Council may shall require ami gRail assept in
asser-aanse witR tAe City 6taAea~6 aeeptec:l tly e~iAanse the following guarantees:
(1) The fumishing of a performance and maintenance guarantee in an amount
not less than one hundred ten percent (110%) of the cost of inGtallatieA fer
construction of public improvements, eAe Rl,jner-ec:l perseRt (100%) tly the
centFaGter ane ten per-GeAt (10%) by the owner; and
(2) Provision for a maintenance guarantee in the amount of twenty five
percent (25%) of the cost of the public improvements, by the owner for a
period of two (2) years after final acceptance of the improvement; and
(3) Payment of City inspection fees for public improvements shall be based upon
three percent (3%) of the cost of the public improvements; paymeRt GRail tle
mac:le prier te Fese~in!il ef tRe plat.
REQUESTED ACTION
Planning staff recommends that the Zoning Advisory Commission review the
submitted information for the proposed text amendment for subdivision bonding, and
then make a recommendation to the City Council.
Enclosure
cc Kyle Kritz, Associate Planner
Barry Lindahl, Corporation Counsel
Ron Tumer, Land Surveyor
Prepared by: Laura Carstens. Citv Planner Address: City Hall. 50 W. 13th St Telephone: 589-4210
Return to: Jeanne Schneider, City Clerk, City Hal~ 50 W. 13" Street, Dubuque, IA 52001-4864563-589-4121
ORDINANCE NO. - 05
AN ORDINANCE AMENDING CHAPTER 42 (SUBDIVISION REGULATIONS) OF THE
CITY OF DUBUQUE CODE OF ORDINANCES, BY REPEALING SECTION 42-24(a)
IMPROVEMENT GUARANTEES AND ADOPTING A NEW SECTION 42-24(a)
IMPROVEMENT GUARANTEES IN LIEU THEREOF, PERTAINING TO REQUIRING
THE OWNER OF A SUBDIVISION TO PROVIDE PERFORMANCE AND
MAINTENANCE GUARANTEES FOR PUBLIC IMPROVEMENTS.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Chapter 42 (Subdivision Regulations) of the City of Dubuque Code of
Ordinances is hereby amended by repealing Section 42-24(a) Improvement Guarantees and
adopting the following new Section 42-24(a) Improvement Guarantees in lieu thereof:
Sec. 42-24. Improvement guarantees.
(a) Application: Before the recording of final plats, or as a condition of approval
of final plats, the Commission and City Council shall require the following
guarantees:
(1) The furnishing of a performance and maintenance guarantee in an
amount not less than one hundred ten percent (110%) of the cost of
construction of public improvements by the owner; and
(2) Provision for a maintenance guarantee in the amount of twenty
five percent (25%) of the cost of the public improvements, by the
owner for a period of two (2) years after final acceptance of the
improvement; and
(3) Payment of City inspection fees for public improvements shall be based
upon three percent (3%) of the cost of the public improvements.
Section 2. This ordinance has heretofore been reviewed by the Zoning Advisory
Commission of the City of Dubuque, Iowa.
Section 3. This ordinance shall take effect immediately upon publication, as provided by
law.
Passed, approved and adopted this
day of
,2005.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
.
Prepared by: Laura Carstens. City Planner Address: Ci~ Hall. 50 W. 13th St Telephone: 589-4210
Return to: Jeanne Schneider, City Clerk, City Hall- 50 W. 13 0 Street, Dubuque, IA 52001-4864563-589-4121
ORDINANCE NO. 62 - 05
AN ORDINANCE AMENDING CHAPTER 42 (SUBDIVISION REGULATIONS) OF THE
CITY OF DUBUQUE CODE OF ORDINANCES, BY REPEALING SECTION 42-24(a)
IMPROVEMENT GUARANTEES AND ADOPTING A NEW SECTION 42-24(a)
IMPROVEMENT GUARANTEES IN LIEU THEREOF, PERTAINING TO REQUIRING
THE OWNER OF A SUBDIVISION TO PROVIDE PERFORMANCE AND
MAINTENANCE GUARANTEES FOR PUBLIC IMPROVEMENTS.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Chapter 42 (Subdivision Regulations) of the City of Dubuque Code of
Ordinances is hereby amended by repealing Section 42-24(a) Improvement Guarantees and
adopting the following new Section 42-24(a) Improvement Guarantees in lieu thereof:
Sec. 42-24. Improvement guarantees.
(a) Application: Before the recording of final plats, or as a condition of approval
of final plats, the Commission and City Council shall require the following
guarantees:
(1) The furnishing of a performance and maintenance guarantee in an
amount not less than one hundred ten percent (110%) of the cost of
construction of public improvements by the owner; and
(2) Provision for a maintenance guarantee in the amount of twenty
five percent (25%) of the cost of the public improvements, by the
owner for a period of two (2) years after final acceptance of the
improvement; and
(3) Payment of City inspection fees for public improvements shall be based
upon three percent (3%) of the cost of the public improvements.
~
.
).
.
Section 2. This ordinance has heretofore been reviewed by the Zoning Advisory
Commission of the City of Dubuque, Iowa.
Section 3. This ordinance shall take effect immediately upon publication, as provided by
law.
Passed, approved and adopted this 21stday of Novernber, 2005.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk