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[IowaAPA] Pending planning legislation

  • Thread starter Taylor, Gary D [C R P]
  • Start date
T

Taylor, Gary D [C R P]

Guest
Hello all,

As many of you probably already know a couple of bills have been introduced in the Iowa legislature this year that, if passed, will have an impact on planning and development in both cities and counties in this state. These are the outgrowth of the interest of several legislators, and RIO, in land use related issues since the '08 floods. I've summarized both in my blog (link to the blog is below), and included links to the bills themselves. I suggest in my posts that you share your thought on each bill. From the conversations I've heard I'm guessing it would be an interesting variety of responses.

Also for those of you who occasionally call me, please note my new number below.

Thanks.

Gary Taylor, J.D., AICP
Assistant Professor & Extension Specialist
Department of Community & Regional Planning
286 College of Design | Iowa State University
Ames, IA 50011
NEW PHONE: 515.290.0214
Fax: 515.294.5156

Have you experienced the BLUZ?
Visit the ISU Extension Blog on Land Use and Zoning
www.blogs.extension.iastate.edu/planningBLUZ<http://www.blogs.extension.iastate.edu/planningBLUZ>
 
B

Beck, Les

Guest
[IowaAPA] RE: [IowaCOZO] Pending planning legislation

I provided the talking points on SSB 3096 below to one of the ISAC
lobbyists for this morning's subcommittee review of the bill. I made it
clear that these points do not represent an "official" position of CoZO
or the Iowa APA.



The Case for Modernizing Iowa's Planning Enabling Legislation

* Actually, Iowa has no planning enabling legislation; only
zoning enabling legislation (Ch. 414 and Ch. 335).

* Each of those chapters is outdated - adopted in the 1950's
based on 1920's Standard State Zoning Enabling Act.

* Only 1 sentence pertains to planning: "Zoning shall be adopted
in accordance with a comprehensive plan."

* Each chapter has been amended over the years to accommodate
numerous special interests (manufactured housing, group homes, and
others); there has been no comprehensive update since original adoption.

* Iowa cities and counties have been hesitant to adopt modern
growth management tools because neither chapter specifically enables
such tools.



Elements of SSB 3096

* The elements of SSB 3096 are based on the recent RIO "Green
Paper" Recovering from the Storms, Planning for the Future: A Safer,
Smarter, Stronger Iowa.

* The bill contains 10 Iowa Smart Planning Principles which
provide the overall basis and vision for comprehensive planning in Iowa.

* The bill contains 13 plan elements which any plan created
pursuant to the legislation may contain but would not be limited to.

* The bill identifies and updates other Iowa Code sections that
have a planning and/or zoning component (Ch. 414, 335, 329, and 28I).

* The bill establishes the Iowa Smart Planning Task Force and
identifies membership, roles and responsibilities of the group.



Perceived Strengths of SSB 3096

* A strong regional planning focus, recognizing that the issues
the state faces require multi-jurisdictional cooperation and solutions.

* Smart planning principles that embody concepts to promote and
achieve sustainable, livable, and diverse places to live, work, and play
in Iowa.

* A list of plan elements which any comprehensive plan may
include. This will promote consistency in plans across the state.

* A mandatory 10-year review period for comprehensive plans.

* An implementation section as one of the optional plan
elements. This is an important component of a comprehensive plan.

* The establishment of the Iowa Smart Planning Task Force to
provide expertise, research, and guidance.



Perceived Weaknesses of SSB 3096

* The bill does not mandate comprehensive planning by any city
or county.

* The bill does not require the inclusion of the 13 plan
elements in a comprehensive plan; it simply provides that the plan "may
include but not be limited to" those elements.

* No incentives to plan are provided, including funding
assistance to cities and counties.

* A representative of the Iowa County Zoning Officials is not
included on the Task Force. Iowa CoZO is the voice of Iowa county zoning
officials, and its members can effectively speak to the issues that
affect rural and urban counties regarding comprehensive planning,
zoning, and balancing the public good with the strong property rights
underpinning in our counties.

* The bill does not establish a permanent state-level
coordinating agency for comprehensive planning. If regional cooperation
and coordination in comprehensive plans is to be truly achieved, and if
funding assistance for planning is ever to be provided, I believe this
will be a necessary step.



Some Suggestions for Improving SSB 3096

* Make the 13 plan elements mandatory. A comprehensive plan
adopted under these provisions "shall include but may not be limited to"
those minimum elements.

* Mandate comprehensive planning in the state's "growth centers"
and provide incentives to encourage planning in the state's
"agricultural resource areas." The notion that a "one size fits all"
solution is inappropriate for Iowa was promoted by the Iowa APA during
the last serious discussion of planning legislation reform.

* Include the President of the Iowa County Zoning Officials or
its designee on the Iowa Smart Planning Task Force.

* Establish a dedicated funding source to assist cities and
counties prepare comprehensive plans that meet the requirements of the
bill.

* Establish a state-level agency (or vest an existing agency)
with the duties of implementing the requirements of the bill, including
funding and technical assistance to cities and counties.







Les Beck, Director

Linn County Planning & Development

Mailing address: 930 1st St. SW, Cedar Rapids, IA 52404

Temporary office location: Linn County West (old Steve & Barry's),
Westdale Mall, 2500 Edgewood Road

Phone: 319.892.5151

Email: les.beck (AT) linncounty (DOT) org

________________________________

From: IowaCOZO (AT) yahoogroups (DOT) com [mailto:IowaCOZO (AT) yahoogroups (DOT) com] On
Behalf Of Taylor, Gary D [C R P]
Sent: Friday, January 29, 2010 10:04 AM
To: Iowa CoZo (IowaCOZO (AT) yahoogroups (DOT) com); Iowa APA
(IowaAPA (AT) yahoogroups (DOT) com); Nichole Warren
Subject: [IowaCOZO] Pending planning legislation





Hello all,



As many of you probably already know a couple of bills have been
introduced in the Iowa legislature this year that, if passed, will have
an impact on planning and development in both cities and counties in
this state. These are the outgrowth of the interest of several
legislators, and RIO, in land use related issues since the '08 floods.
I've summarized both in my blog (link to the blog is below), and
included links to the bills themselves. I suggest in my posts that you
share your thought on each bill. From the conversations I've heard I'm
guessing it would be an interesting variety of responses.



Also for those of you who occasionally call me, please note my new
number below.



Thanks.



Gary Taylor, J.D., AICP
Assistant Professor & Extension Specialist
Department of Community & Regional Planning
286 College of Design | Iowa State University
Ames, IA 50011

NEW PHONE: 515.290.0214

Fax: 515.294.5156

Have you experienced the BLUZ?
Visit the ISU Extension Blog on Land Use and Zoning
www.blogs.extension.iastate.edu/planningBLUZ
<http://www.blogs.extension.iastate.edu/planningBLUZ>
 
B

Burke, Bill

Guest
[IowaAPA] RE: [IowaCOZO] Pending planning legislation

Planning & Zoning Friends,

Thanks, Les , for your visiting with this subcommittee and the very good summary you made in all five sections of your message which I agree with. .

As an Iowa planner who does comprehensive planning under Wisconsin's new planning law, I would make two additional observations/recommendations, as follows:

1. Like Wiosconsisn, require that the continuation of zoning and subdivision authority (after some date) be contingent upon "consistency" with the Comprehensive Plan.
2. Require that any unit of government that enforces zoning, subdivision, or official mapping regulations have a Comprehensive Plan. ( other land use realted activities should also be considered).
3. Do not end up with a "one size fits all" comprehensive plan content and procedural requirement like Wisconsin. this ahs stimulated no end of controversy and unnecessary cost. (no law is peferct, but Wisconsin's is a good model over all).

Thanks for yoaur continuing interest and reporting.
Bill Burke AICP



________________________________
From: IowaAPA (AT) yahoogroups (DOT) com [IowaAPA (AT) yahoogroups (DOT) com] On Behalf Of Beck, Les [les.beck (AT) linncounty (DOT) org]
Sent: Thursday, February 04, 2010 3:38 PM
To: IowaCOZO (AT) yahoogroups (DOT) com; IowaAPA (AT) yahoogroups (DOT) com; Nichole Warren
Subject: [IowaAPA] RE: [IowaCOZO] Pending planning legislation


I provided the talking points on SSB 3096 below to one of the ISAC lobbyists for this morning’s subcommittee review of the bill. I made it clear that these points do not represent an “official” position of CoZO or the Iowa APA.

The Case for Modernizing Iowa’s Planning Enabling Legislation
• Actually, Iowa has no planning enabling legislation; only zoning enabling legislation (Ch. 414 and Ch. 335).
• Each of those chapters is outdated – adopted in the 1950’s based on 1920’s Standard State Zoning Enabling Act.
• Only 1 sentence pertains to planning: “Zoning shall be adopted in accordance with a comprehensive plan.”
• Each chapter has been amended over the years to accommodate numerous special interests (manufactured housing, group homes, and others); there has been no comprehensive update since original adoption.
• Iowa cities and counties have been hesitant to adopt modern growth management tools because neither chapter specifically enables such tools.

Elements of SSB 3096
• The elements of SSB 3096 are based on the recent RIO “Green Paper” Recovering from the Storms, Planning for the Future: A Safer, Smarter, Stronger Iowa.
• The bill contains 10 Iowa Smart Planning Principles which provide the overall basis and vision for comprehensive planning in Iowa.
• The bill contains 13 plan elements which any plan created pursuant to the legislation may contain but would not be limited to.
• The bill identifies and updates other Iowa Code sections that have a planning and/or zoning component (Ch. 414, 335, 329, and 28I).
• The bill establishes the Iowa Smart Planning Task Force and identifies membership, roles and responsibilities of the group.

Perceived Strengths of SSB 3096
• A strong regional planning focus, recognizing that the issues the state faces require multi-jurisdictional cooperation and solutions.
• Smart planning principles that embody concepts to promote and achieve sustainable, livable, and diverse places to live, work, and play in Iowa.
• A list of plan elements which any comprehensive plan may include. This will promote consistency in plans across the state.
• A mandatory 10-year review period for comprehensive plans.
• An implementation section as one of the optional plan elements. This is an important component of a comprehensive plan.
• The establishment of the Iowa Smart Planning Task Force to provide expertise, research, and guidance.

Perceived Weaknesses of SSB 3096
• The bill does not mandate comprehensive planning by any city or county.
• The bill does not require the inclusion of the 13 plan elements in a comprehensive plan; it simply provides that the plan “may include but not be limited to” those elements.
• No incentives to plan are provided, including funding assistance to cities and counties.
• A representative of the Iowa County Zoning Officials is not included on the Task Force. Iowa CoZO is the voice of Iowa county zoning officials, and its members can effectively speak to the issues that affect rural and urban counties regarding comprehensive planning, zoning, and balancing the public good with the strong property rights underpinning in our counties.
• The bill does not establish a permanent state-level coordinating agency for comprehensive planning. If regional cooperation and coordination in comprehensive plans is to be truly achieved, and if funding assistance for planning is ever to be provided, I believe this will be a necessary step.

Some Suggestions for Improving SSB 3096
• Make the 13 plan elements mandatory. A comprehensive plan adopted under these provisions “shall include but may not be limited to” those minimum elements.
• Mandate comprehensive planning in the state’s “growth centers” and provide incentives to encourage planning in the state’s “agricultural resource areas.” The notion that a “one size fits all” solution is inappropriate for Iowa was promoted by the Iowa APA during the last serious discussion of planning legislation reform.
• Include the President of the Iowa County Zoning Officials or its designee on the Iowa Smart Planning Task Force.
• Establish a dedicated funding source to assist cities and counties prepare comprehensive plans that meet the requirements of the bill.
• Establish a state-level agency (or vest an existing agency) with the duties of implementing the requirements of the bill, including funding and technical assistance to cities and counties.



Les Beck, Director
Linn County Planning & Development
Mailing address: 930 1st St. SW, Cedar Rapids, IA 52404
Temporary office location: Linn County West (old Steve & Barry's), Westdale Mall, 2500 Edgewood Road
Phone: 319.892.5151
Email: les.beck (AT) linncounty (DOT) org<mailto:les.beck (AT) linncounty (DOT) org>
________________________________
From: IowaCOZO (AT) yahoogroups (DOT) com [mailto:IowaCOZO (AT) yahoogroups (DOT) com] On Behalf Of Taylor, Gary D [C R P]
Sent: Friday, January 29, 2010 10:04 AM
To: Iowa CoZo (IowaCOZO (AT) yahoogroups (DOT) com); Iowa APA (IowaAPA (AT) yahoogroups (DOT) com); Nichole Warren
Subject: [IowaCOZO] Pending planning legislation


Hello all,

As many of you probably already know a couple of bills have been introduced in the Iowa legislature this year that, if passed, will have an impact on planning and development in both cities and counties in this state. These are the outgrowth of the interest of several legislators, and RIO, in land use related issues since the ’08 floods. I’ve summarized both in my blog (link to the blog is below), and included links to the bills themselves. I suggest in my posts that you share your thought on each bill. From the conversations I’ve heard I’m guessing it would be an interesting variety of responses.

Also for those of you who occasionally call me, please note my new number below.

Thanks.

Gary Taylor, J.D., AICP
Assistant Professor & Extension Specialist
Department of Community & Regional Planning
286 College of Design | Iowa State University
Ames, IA 50011
NEW PHONE: 515.290.0214
Fax: 515.294.5156

Have you experienced the BLUZ?
Visit the ISU Extension Blog on Land Use and Zoning
www.blogs.extension.iastate.edu/planningBLUZ<http://www.blogs.extension.iastate.edu/planningBLUZ>
 
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