RFP 23-PLA28 Zoning Code.pdf

CITY OF SUN PRAIRIE

REQUEST FOR PROPOSALS

RFP# 23-PLA28

Zoning Code Rewrite

Date Issued: Wednesday, June 14, 2023

SUBMIT RFP TO

purchase@cityofsunprairie.com

SUBMISSION DEADLINE

Wednesday, July 26, 2023, 12:00 PM

TABLE OF CONTENT

I. NOTICE TO PROPOSERS

A. Summary

B. Important Dates

C. How to Submit a Proposal

D. Contact Information

E. Inquiries, Clarification & Exceptions

F. Addenda

G. Bid Distribution Networks

H. Local Vendor Preference

I. Oral Presentations/Site Visits/Meetings

J. Acceptance/Rejection/Withdrawal of Proposals

K. Public Record Law Compliance

L. Public Records Notice

M. Tax Exempt

N. Cooperative Purchasing

O. Terms of Contract

P. Cancellation/Termination of Contract

Q. Evaluation Process and Scoring

R. Insurance and Indemnification Requirements

II. DESCRIPTION OF RFP

III. REQUIRED INFORMATION

I. NOTICE TO PROPOSERS

A. Summary The City of Sun Prairie department of Planning is soliciting proposals from qualified vendors for creating a new zoning code and development regulation. Vendors submitting proposals are required to read this Request for Proposals “RFP” in its entirety and follow the instructions contained herein. See “Description” beginning on page 13 for community context and project intent.

B. Important Dates Deliver proposals no later than the due time and date indicated below. The City will reject late proposals:

Issue Date: Wednesday, June 14, 2023 Informational Meeting: Thursday, July 6, 2023, 10:00 AM CST Via Microsoft Teams Meeting ID: 272 053 355 077 Passcode: Wi3SeR

Questions Issue Date: Friday, July 7, 2023 Answers Posted Date: Friday, July 14, 2023 Due Date: Wednesday, July 26, 2023, 12:00 PM CST

C. How to Submit a Proposal

Submit all required documentation in an electronic proposal in PDF format. Cost must be submitted as a separate attachment.

Electronic Proposal: 1 Copy Signature Affidavit (Form A): 1 Copy

Receipt of Forms (Form B): 1 Copy Vendor Profile and Qualifications (Form C): 1 Copy References (Form D): 1 Copy

Insurance and Indemnification (Form E): 1 Copy Cost Proposal (Form F): 1 Copy (separate attachment) Sustainability Questionnaire (Form G): 1 Copy

All proposal costs are the expense of the proposer. The City will not consider illegible proposals. Elaborate proposals beyond that sufficient to present a complete and effective proposal, are not necessary or desired.

All proposals must be clearly labeled:

Proposer’s Name and Address

RFP #: 23-PLA28

Title: Zoning Code Rewrite Due: Wednesday, July 26, 2023, 12:00 PM CST

Complete and return the proposal and Forms A through G to City of Sun Prairie Finance Department by Wednesday, July 26, 2023, 12:00 PM CST.

All email correspondence must include RFP # in the subject line.

Delivery of electronic copy via email to purchase@cityofsunprairie.com Proposals must be delivered as instructed. Deliveries to other City departments and/or locations may result in disqualification.

D. Contact Information The City of Sun Prairie Planning is the procuring agency:

Joshua Clements, AICP City of Sun Prairie Planning 300 East Main Street Sun Prairie, WI. 53590 Phone: 608-622-3411 Fax: Click or tap here to enter text.

jclements@cityofsunprairie.com

E. Inquiries, Clarification & Exceptions Proposers are to raise any questions they have about the RFP document without delay.

Direct all questions, in writing, to the department contact listed above in section D.

Proposers finding any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this RFP document shall immediately notify the buyer and request clarification.

In the event that it is necessary to provide additional clarification or revision to the RFP, the City will post addenda – see Addenda below. Proposers are strongly encouraged to check for addenda regularly.

Proposals should be as responsive as possible to the provisions stated herein. A prospective vendor may take “exception” to bid terms, conditions, specifications and dates stated within the bid package. However, the City of Sun Prairie reserves the right to disqualify any and all bids submitted which include exceptions, if deemed not in the City’s best interests.

F. Addenda In the event that it is necessary to provide additional clarification or revision to the RFP, the City will post addenda to the same websites as the original distribution – see G below. It is the proposer’s responsibility to regularly monitor the websites for any such postings.

Proposers must acknowledge the receipt of any addenda on Form B. Failure to retrieve addenda and include their provisions may result in disqualification.

G. Bid Distribution Networks

The City of Sun Prairie posts all Request for Proposals, addenda, tabulations, awards and related announcements on two distribution networks – VendorNet and DemandStar. The aforementioned documents are available exclusively from these websites. It is the proposer’s responsibility to regularly monitor the bid distribution network for any such postings. Proposer’s failure to retrieve such addenda and incorporate their appropriate provisions in their response may result in disqualification. Both sites offer free registration to City proposers.

o VendorNet System: State of Wisconsin and local agencies bid network. Registration is free.

Home Page: http://vendornet.state.wi.us/vendornet o DemandStar by Onvia: National bid network – Free subscription is available to access proposals from the City of Sun Prairie and other Wisconsin agencies participating in the Wisconsin Association of Public Purchasers (WAPP). A fee is required if subscribing to multiple agencies that are not included in WAPP.

Home Page: www.demandstar.com To Register: www.onvia.com/WAPP

Bid Opportunities: http://www.cityofsunprairie.com/504/Bid-Opportunities

H. Local Vendor Preference The City of Sun Prairie has included a local vendor preference granting a scoring preference to local suppliers. The “local area” is defined as a physical address where the entity does business within the City of Sun Prairie. United States Post Office boxes or other private postal boxes are insufficient to satisfy the requirements of this section.

Exemptions and limitations may apply. Due to state law, buy local preference may not apply to public works projects. Due to federal restrictions, federally funded programs are also exempt.

Exemptions will also be made for emergencies, sole source purchases, cooperative purchasing agreements and cases in which a local vendor is not qualified as determined by City staff. If it is determined by City staff that a vendor has misrepresented its local status, it will be ineligible to receive preference.

I. Oral Presentations/Site Visits/Meetings

Proposers may be asked to attend meetings, make oral presentations, inspect City locations or make their facilities available for a site inspection as part of this RFP process. Such presentations, meetings or site visits will be at the proposer’s expense.

J. Acceptance/Rejection/Withdrawal of Proposals

The City reserves the right to accept or reject any or all proposals submitted, in whole or in part, and to waive any informalities or technicalities, which at the City’s discretion is determined to be in the best interests of the City. Further, the City makes no representations that a contract will be awarded to any proposer responding to this request.

The City expressly reserves the right to reject any and all proposals responding to this invitation without indicating any reasons for such rejection(s).

K. Public Record Law Compliance

It is the intention of City to maintain an open and public process in the solicitation, submission, review, and approval of contracts.

a. The parties acknowledge that City is a municipal corporation legally bound to comply with the Wisconsin Public Records Law and Open Meetings Law (see sections 19.32-19.39 and 19.81-19.98, Wis. Statutes) and that, unless otherwise clearly allowed by law to be an exception to the Public Record Law and confidential, all aspects of this agreement are subject to open disclosure and are a matter of public record. It is further agreed to that neither party will take any action to obstruct the operation of these laws. To comply with any request under said Public Record Law, the provider/contractor herein shall produce copies of all materials, gathered or produced or modified pursuant to this Contract to City, in their original (i.e., electronic or digital, etc.) format at actual cost of reproduction, without profit. According to Wisconsin caselaw, even if records are created or maintained by, or in the custody of, the provider as an independent contractor, they, along with the raw data used to create the record, are nevertheless public records that must be made available to the public within a reasonable time and without delay upon request by any person, and in the format in which they were created. Provider/contractor agrees to hold City, its agents, officials and employees harmless and to indemnify them and City for all costs, fees, including all reasonable attorney fees and expenses of all kinds, and any judgments, orders, injunctions, writs of mandamus, and damages or expense of whatever kind for which City or its agents, officials or employees may expend or be held liable due to the Provider/contractor’s failure to comply with the Wisconsin Public Records and Open Meetings laws, or with this Agreement.

b. Any Public Records Law request received directly by a contractor related to this Contract with City shall immediately be reported to the City Administrator.

L. Public Records Notice

Proposers are hereby notified that all information submitted in response to this RFP may be made available for public inspection according to the Public Records Law of the State of Wisconsin or other applicable public record laws. Information qualifying as a “trade secret”

– defined in State of Wisconsin Statues – may be held confidential.

Proposers shall separately and clearly identify all information they deem to be “trade secrets”, as defined in the State of Wisconsin Statutes. Do not duplicate or co-mingle information deemed confidential and sealed, elsewhere in your response.

S. 19.36(5)

(5) TRADE SECRETS. An authority may withhold access to any record or portion of a record containing information qualifying as a trade secret as defined in s.

134.90(1)(c).

S. 134.90(1)(c)

(c) “Trade secret” means information, including a formula, pattern, compilation, program, device, method, technique or process to which all of the following apply:

1. The information derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use.

2. The information is the subject of efforts to maintain its secrecy that are reasonable under the circumstances.

The City cannot ensure that information will not be subject to release if a request is made under applicable public records laws. The City cannot consider the following confidential: a bid in its entirety, price bid information, or the entire contents of any resulting contract. The City will not provide advance notice to proposers prior to release of any requested record.

To the extent permitted by such laws, it is the intention of the City to withhold the contents of proposals from public view – until such times as competitive or bargaining reasons no longer require non-disclosure, in the City’s opinion. At that time, all proposals will be available for review in accordance with such laws.

M. Tax Exempt

The City of Sun Prairie as a municipality is exempt from payment of federal excise taxes and State of Wisconsin taxes per Wisconsin statue 77.54(9a). Federal Tax ID #39-6006382. A completed Wisconsin Department of Revenue Form S-211 (R.2-00) can be found on the City website. Our tax-exempt number is ES 42322.

N. Cooperative Purchasing

Bidders may choose to extend prices offered on bids to other municipalities. Under Wisconsin Statutes, a municipality is defined as a county; city; village; town; school district;

board of school directors; sewer district; drainage district; vocational, technical and adult education district; or any other public or quasi-public corporation, officer, board or other body having the authority to award public contracts. This is known as “cooperative” or “piggyback” purchasing, a practice common amongst units of government. The City is not responsible for any contract resulting from a cooperative purchase using this RFP as a basis;

they are made solely between the bidders and third party unit of government.

O. Terms of Contract

1. Term of Contract – The term of the contract shall be for a 24-month period to commence on: Friday, September 1, 2023, ending on Sunday, August 31, 2025.

2. Option to Extend – The City of Sun Prairie reserves the right to extend the contract for one (1) additional year period, upon the same or more favorable terms and conditions, and under mutual agreement of both parties.

3. Contract Extension Pricing – Contract prices on an extended contract will be adjusted (escalated or deescalated) based upon the average annual change in the Consumer Index for “All Items” published by the Bureau of Labor Statistics (BLS) (Table 1A. Consumer Price Index for All Urban Consumers (CPI-U): U.S. city average, by expenditure category and commodity and service group, Expenditure Category “All Items”). The CPI-U value is published by the BLS at its website: http://www.bls.gov/cpi/news.htm

The price for an option year shall be based upon the percent change in the CPI- U from the preceding year applied to the current contract year price to obtain the option year price.

The City of Sun Prairie reserves the right to discontinue the contract’s remaining option year and may elect to re-advertise the contract in whole or in part when changes in prices are not mutually acceptable between the contractor and the City.

Any and all changes to the contract terms and conditions shall be evidenced in writing by amending/modifying the contract.

4. Subcontracting Regulations – Successful vendor(s) will not be permitted to sublet, sell, transfer, assign or otherwise dispose of the contract or any portion therein, or its right, title or interest in, to any person, vendor or corporation.

P. Cancellation/Termination of Contract

The City of Sun Prairie may terminate the contract at any time at its sole discretion by delivering 30 days written notice to the contractor. Upon termination, the City’s liability will be limited to the pro rata cost of the services performed as of the date of termination plus expenses incurred with the prior written approval of the City. In the event that the contractor terminates the contract, for any reason whatsoever, it will refund to the City within 30 days of said termination, all payments made hereunder by the City to the contractor for work not completed or not accepted by the City. Such termination will require written notice to that effect to be delivered by the contractor to the City not less than 30 days prior to said termination.

Q. Evaluation Process and Scoring

Evaluation Team

The RFP will be reviewed by the Evaluation Team. Evaluation team consists of at least three members and at most five members. At least one member from each of the following departments: Department that initiated the RFP, reporting committee and Finance Department. All proposals will be scored individually. The staff member from the Finance Department will oversee the evaluation process to ensure fairness within the process. This process may take a few hours or a few days, depending on the number and length of proposals and the availability of those on the evaluation panel.

Evaluation team will examine each proposal to determine if all minimum requirements have been met to warrant further evaluation. Proposals meeting the minimum requirements will be evaluated in accordance with the point rating system. To qualify as a competent proposer written proposals must achieve an overall minimum of 80 % for the categories marked with an asterisk (*).

Minimum Requirements

1. Credentialed community planners and allied professionals.

2. Demonstrated experience with developing zoning codes and development regulations of similar methodology and context that display innovation, excellent writing ability and use of high-quality graphic design for effective communications.

3. An experienced team with expertise in the following areas:

a. Form-Based Codes

b. Public engagement, messaging, and storytelling

c. Inclusive engagement process that successfully includes historically marginalized populations

d. Social equity, equitable development

e. Integrating sustainability principles into development regulations

4. References for three comparable projects.

Evaluation Criteria and Process

Evaluations of the proposals will be based on a weighted point system as follows:

Criteria Description Point Weight

1 Qualifications of Firm* 25 2 Relevant Experience of Firm* 25 3 Costs 25 4 Sustainability 10

5 DBE/WBE/DVB 10

6 Local Preference 5

TOTAL 100

Definition of Major Criteria Categories:

Qualification of Firm: The evaluation is based on qualifications and competence in relation to the scope of the project, the overall approach and strategy described in the proposal and company’s capacity to perform the work within the specified timeframe, the professional qualifications of key personnel related to the work described in the scope of the project.

Relevant Experience of Firm: Evaluation is based on the history of the company, the experiences as it related to the requirements within the RFP, evidence of past performance, quality and relevance of past work, reference and related items.

Sustainability: The City’s vision is to create and expand sustainability practices while always recognizing the interdependence of environmental quality, economic resiliency and growth, and social equity. Evaluation is based on the effect business has on the environment, society and economy.

DBE/WBE/DVB:

DBE (Disadvantaged-Owned Business Enterprise):

At least 51 percent owned by one or more socially and economically disadvantaged individuals; and

Controlled (managed and operated daily) by one or more socially and economically disadvantaged individuals.

WBE (Woman-Owned Business Enterprise):

Organized as a for-profit business, performing a commercially useful function;

At least 51 percent owned by one or more women; and Controlled (managed and operated daily) by one or more women There are no size restrictions for WBE certification

DVB (Disabled Veteran Business)

At least 51% owned, controlled, and actively managed by an identified service-disabled veteran and serve a useful business function.

The service-disabled veteran owner has demonstrated that they: 1) Have a certificate of release or discharge from active duty (Form DD214); 2) Reside in Wisconsin: and 3) Have a disability rating of at least 0% with the Department of Veteran’s Affairs or an Armed Services Branch.

Local Preference: To qualify as “local,” a business must meet at least two of three criteria:

The portion of its employees working at facilities in the City of Sun Prairie (at least 50%);

The portion of ownership vested with City of Sun Prairie residents (at least 50%);

The portion of sourcing within the City of Sun Prairie area (at least 15%).

Evaluation of Criteria

Criteria 1 and 2: Qualifications of Firm and Relevant Experience of Firm:

Evaluation team will use the evaluation scoring guide below to evaluate these two criteria. Each criteria will have a maximum number of points assigned to it. Based upon how well the proposal addressed each criteria, the evaluation team assigns a percentage of 0% up to maximum percentage of 100% to each criteria and then multiplies the maximum points by the appropriate scoring percentage to compute the final score.

Evaluation Scoring Guide Percentage

Quality of Response

Description Strengths Relative to Requirement

Weaknesses Confidence In Proposed Approach

90-100 Excellent The proposal addresses the requirements completely, exhibits outstanding knowledge, creativity, innovation or other factors to justify this rating.

Meets requirements -numerous strengths in key areas.

None Very High

80-89 Good The proposal addresses the requirements completely and addresses some elements of the requirements in an outstanding manner

Meets requirements -some strengths in key areas

Minor - not in key areas

High

70-79 Moderate The proposal addresses most elements of the requirements.

Meets most requirements -minimal strengths provided in their response.

Moderate -does not outweigh strengths

Moderate

60-69 Marginal The proposal meets some of the RFP requirements.

Meets some of the requirements with some clear strengths.

Exist in key areas -outweighs strengths

Low

0-59 Unacceptable The proposal meets a few to none of the RFP requirements.

Meets a few to none of the requirements with few or no clear strengths.

Significant and numerous

No Confidence

For example:

Criteria (1) Point weight (2) Percentage (3) Final Score (2x3)

Qualifications of Firm 25 80% 20 Relevant Experience of Firm 25 90% 22.5

Criteria 3: Cost

The Finance Department complete the evaluation of the cost points. The proposal with the lowest cost received the maximum points allowed. All other proposals receive a percentage of the points available based on their cost relationship to the lowest cost proposal.

Price of Lowest Cost Proposal X Maximum points available=Awarded Cost Points Price of Proposal Being Rated

For Example:

The cost for the lowest proposal is $100,000. The next lowest proposal has a cost of $125,000. If the total points available for the cost criteria = 25 points, the next lowest proposal would be assigned 20 points ($100,000/$125,000) x 25pts)

Criteria 4: Sustainability:

The proposal should demonstrate alignment with the City’s sustainability objectives, as outlined in the Task Force on Sustainability Report (specifically, Strategic Recommendations starting on page 11). Examples include business efforts to reduce resource consumption (electricity, fuel, water, materials, food, etc.) and associated emissions, relevant commitments to sustainability initiatives or goals, and progress towards or completion of industry-standard certifications (examples include GRI, LEED, ISO14001, SASB); relative to the type of product/service being provided. The evaluation team will use the scoring guide below to assess responses, understanding that sustainability is a broad undertaking with many potential strategies and outcomes.

Proposers are required to complete the Form G: Sustainability Questionnaire and submit it with the proposal.

Scoring Guide

Criteria Measurement Score Guidance

1. Reduction in product/service emissions, resource consumption

Absent (0), moderate (1-2), good (3-4), excellent (5-6)

0-6 Demonstrated, measureable reduction in electricity, fuel, water, materials, and food consumption related to the product/service.

2. Commitments to sustainability initiatives or goals

Absent (0), good (1), excellent (2)

0-2 Business initiatives (internal and external) and goals that support the community and environment.

3. Sustainability-related certifications

Absent (0), in progress or 1 certification (1), 2+ certifications (2)

0-2 Certifications recognize pursuit of operational best practices and demonstrate alignment on shared values.

Overall Sustainability Score

Absent-Excellent 0-10 Refer to provided guidelines

Criteria 5: DBE/WBE/DVB:

DBE/WBE/DVB certified Business receive full 10 points. Non-certified business receive zero point.

Criteria 6: Local Preference:

Local business receive full 5 points. Non-local business receive zero point.

R. Insurance and Indemnification Requirements

Insurance coverage shall be in place prior to commencing work and shall remain in force until the entire project is completed or the length of time that is specified in the contract.

See Form E for requirements.

II. DESCRIPTION OF RFP

A. Summary

The City of Sun Prairie recognizes that many of the challenges faced by local governments and our communities are intricately related to the built environment and the choices made in how to regulate the form and use of property through development regulations such as zoning. We recognize that zoning has been and continues to be a significant barrier to achieving many community goals, and to governing consistent with our vision and values. We know a different approach to managing community change, and a dynamic reimagining of how and why we regulate development are needed.

The purpose of this Request for Proposals (RFP) is to identify a qualified Consultant Team to partner with the City to create a new set of development regulations including zoning and land division for the City of Sun Prairie. The regulations must be aligned with the City’s Comprehensive

Plan, community vision and values, strategic priorities, and contemporary best practice, including but not limited to improving housing supply and affordability, advancing social equity, environmental sustainability and resiliency, reducing carbon emissions, promoting active mobility and public transportation, enabling of positive public health outcomes, fostering economic prosperity, and improving municipal fiscal conditions. The code must improve the form and function of the built environment and be easily understandable and enforceable. The intent of this reform isn’t just to modernize the language and mechanics used in zoning, but the philosophy that underpins it as well.

The process of creating a new zoning code will be a collaboration between the Consultant Team and city staff, with clearly planned and delineated roles and timing. The City desires to work with a Consultant Team that views itself as a community partner, bringing considerable technical and communication expertise, and demonstrated experience in community engagement and political effectiveness to navigate complex and often contentious topics that encourage buy-in and ownership.

The most recent major update to the City’s zoning code was in 1989 and is now recognized as inconsistent with the City’s vision and values, is cumbersome to administer by staff, and confusing for the development community and the general public. There are select pieces of the code that have been modified more recently and that may persist with minor modification, however, there is broad recognition that the new code should start from scratch. Although our vision is purposefully broader, this project is titled “zoning project” or “zoning code rewrite” for simplicity.

A proactive, intentional approach to development regulation is integral to our future as a thriving community that provides the top-tier services and desirable lifestyle that is socially equitable and ecologically sustainable.

History & Background:

The City of Sun Prairie, located in south-central Wisconsin, is a northeast suburb of Madison in Dane County and has a population of approximately 37,304 residents. Sun Prairie is a full-service city with 283 full-time equivalent employees. The city has grown rapidly over the last two decades, adding on average approximately 300 households annually from 2000-2019. Today, Sun Prairie has more than 1.7 times as many people as it did in 2000, and to-date 2023 permit activity is at record volume. More information about the City is available at www.cityofsunprairie.com.

The Sun Prairie was incorporated as a village in 1868 and city in 1958 and has maintained a small historic downtown district and adjacent neighborhoods from that generation. A portion of the early industrial areas adjacent to downtown were redeveloped between 2002-2016, expanding housing and businesses opportunities. With a population of 4,000 in 1960, most of Sun Prairie’s development has occurred in typical suburban fashion. Much of the redevelopment that has occurred in the past two decades outside of the downtown district are within commercial corridors originally developed between 1950-1980, and significant potential exists in these areas for continued redevelopment and revitalization.

The Dane County region is regularly at or near the top of various lists for most attractive places to live and work. The most recent figures indicate that Dane County has the 2nd lowest unemployment rate in the U.S. With this success means that housing demand is high- costs are rapidly rising, and the form of new housing development different than most suburban communities such as Sun Prairie have historically experienced. Most new housing is of increasing density in more compact subdivisions and redeveloped properties, larger buildings, and declining owner occupancy. We recognize that Sun Prairie is part of a regional housing market and is likely to continue experiencing growth due to the attractiveness of the region. In addition, Southern Wisconsin features some of the most productive farmland in the nation, including lands immediately adjacent to the City of Sun Prairie.

Comprehensive Plan

Sun Prairie’s Comprehensive Plan was adopted in 2019 with the intent of transitioning from a suburban development pattern toward a vision of more complete neighborhoods with a variety of housing types and active neighborhood commercial nodes. Throughout the plan, recommendations and policies indicate that the existing zoning code does not create outcomes consistent with the community’s vision and values. The plan specifically calls for a comprehensive update of the zoning ordinance, and many goals across multiple chapters provide policy guidance for this pursuit. These include, but are not limited to:

Clearly align development regulations with the community’s vision and values Remove unnecessary regulatory barriers to address housing supply and affordability Modernize and streamline the entitlement process Create form-based standards consistent with modern yet timeless urban design characteristics that improve quality, flexibility, and predictability Mix of uses and housing types within the same street and neighborhood Enable context sensitive infill and redevelopment Conserve farmland and natural areas through building in and up

The City’s current practice is to update portions of the Comprehensive Plan regularly rather than gearing up for a large undertaking every 8-10 years. City staff are currently working on updating the economic development chapter, and anticipate updating the housing, land use, and transportation chapters approximately concurrent but independently of the zoning code project.

We expect a clear focus on strengthening and incorporating areas of climate change mitigation and resiliency, equitable development, and financially productive development patterns. We envision that some plan update activities will be designed to be mutually beneficial with the zoning project in gathering community contributions and advance public engagement and understanding of city development. As such, we hope to create synergistic activities between amendments to the comprehensive plan and the zoning code project.

The City has completed several small area plans and topical studies, including several that focus on the form of the built environment. These include the Housing for All study (2022), Sun Prairie Sustainability Task Force Report (2021), Sun Prairie Stronger Plan (2019) and Central Main Street Corridor Redevelopment Plan (2018). In addition, the city has many large planned developments as new residential neighborhoods, mixed-use commercial areas, and redevelopment sites that heavily rely upon form-based standards. These include, but are not limited to, Cannery Square, Smith’s Crossing, West Prairie Village, Liberty Square, and Providence. These documents are available from city staff. In the next few years, we anticipate creating a new downtown master plan, and other redevelopment area plans, and a new zoning code will be instrumental for effective implementation.

Additional Context

Housing The impact of housing costs and constrained supply is a dynamic that dominates current policy discourse in Sun Prairie and the Dane County region, like other growing communities across the county. Staff are conscious and intentional to frame this dynamic within equity and sustainability contexts, and codependences with transportation, land use, and economic development. Supply and affordability are among the top challenges identified by businesses in our ongoing update to the economic development chapter of our comprehensive plan.

The city completed a housing study in 2022 that provided a snapshot of housing supply and affordability constraints and provided a menu of policy and program options to consider. Among these recommendations are updates to zoning and development regulations. The city has been proactive in implementation, including the creation of the Housing and Equitable Development Planner position, creating a Housing Committee, funding this zoning code replacement, supporting the creation of a community-based housing coalition, a month-long event series on housing, and others.

As noted above, the vision of more complete neighborhoods with a variety of housing types and active neighborhood commercial nodes is a central theme in the comprehensive plan, and the understanding of and support for solutions continues to grow. The connection between zoning and development regulations, housing supply and affordability, and linked racial equity, social mobility, and environmental impacts is a prominent narrative motivating the creation of a new zoning code.

Sustainability Sustainability is one of eight strategic priority areas in the 2019-2022 Council and Mayor Strategic Plan, and sustainability priorities are a strong presence in Council supported activities. In 2021, the Sustainability Task Force completed its work and produced a Report that describes multiple priorities and recommendations tied to the development pattern and characteristics of the built environment. Most of the implementation efforts to-date have focused on municipal building operations and transportation, including the creation of a Sustainability Coordinator and Transportation Coordinator positions, building energy audits and improvements, expanding public transportation, and bicycling infrastructure. With work in these areas well underway, emerging priorities of the city’s sustainability committee include the overall development pattern of the city and region, reflective of the fundamental impact this arrangement in environmental impacts.

Sun Prairie Utilities (SPU) is the largest municipal electric utility in Wisconsin. In late 2023, SPU will break ground on a new headquarters facility that is designed to be net-zero energy with microgrid and battery storage technology, capable of supporting a completely electric facility and fleet. In addition, the city is currently in the design phase for a library renovation and expansion from 36,000 to 61,600 square feet, with similar building performance goals. Sun Prairie Public Library and Sun Prairie Utilities are seeking to install Battery Energy Storage System (BESS) + Solar PV in their forthcoming projects, building on a 2022 microgrid feasibility study which would establish the library as the first Community Resiliency Center of its kind in Wisconsin. In total this would result in 584 kW of solar PV tied to two (23 kWh, 108 kWh) BESS microgrid systems.

Over the past few years, the city has completed building efficiency projects and installed solar systems at nearly all city facilities, including the approval of a 400 kW ground-mounted, grid-tied solar photovoltaic system at the municipal wastewater facility that is expected to begin installation later this year. The city is adding electric vehicle charging at city facilities and is transitioning to an electric fleet, with two vehicles in 2023.

We expect that our development regulations must contribute to the community achieving climate mitigation and resiliency goals, such as those articulated by the State of Wisconsin and United Nations.

Equity:

In August 2015, the City Council created the Ad Hoc Steering Committee on Diversity consisting of 17 members and Mayor Paul Esser as the Chair. The Committee was tasked with providing recommendations to enhance the City's capability to locate, recruit and hire qualified candidates with diverse backgrounds and identify and provide a better understanding of the unique needs of different individuals and communities within Sun Prairie regarding City Services. In April 2017 the City Council accepted the Committee's Final Report and instructed staff to begin the implementation of its recommendations. This led to many existing initiatives and actions such as the creation of the city’s Communications & Diversity Strategist position, updated housing discrimination ordinance and adoption of the accommodations and employment ordinance. The City’s most recent effort in advancing equity has been the Organizational Equity Audit.

The City has engaged a consultant team to complete the Audit in two parts with part one evaluating internal policies, practices, and culture. The second part assesses equity in direct city services through analysis of city operations and community feedback. Environmental considerations such as development patterns, and outward functions such as city planning documents, development regulations, and infrastructure investments were not evaluated.

However, racial equity is a core value of our Council and staff, evidenced in part by the recent creation of the Housing & Equitable Development Planner position. There appears to be an increasing recognition of the relationship between the built environment and equitable outcomes by the public. Staff recognizes the history of zoning as it pertains to exclusionary and unjust practices, some of which persist. The new zoning code must remove all such barriers and disparate impacts and, to the extent possible, create conditions to correct for these practices.

Transportation:

Sun Prairie is expanding investments in transportation and mobility. Madison Metro begin service in June 2023 of three local routes in Sun Prairie, expanding services to downtown and other areas that were not previously served. Residents now have expanded access most areas of the city within a short walk of these routes, and transfer to routes into Madison. Madison Metro Bus Rapid Transit will begin in 2024, with Sun Prairie hosting the Phase 1 eastern terminus, expanding the speed and quality of transit access throughout the region.

The City is currently completing an Active Transportation Plan to support the vision of Sun Prairie having safe walking, biking, and rolling paths that connect all residents to the places they want and need to go by improving safety, increasing walking and biking, and promoting equity. One solution is to identify short-term improvements to reach American Association of Bicyclists Gold level designation. This study will build upon Safe Routes to Schools plans in place, and policies in the Comprehensive Plan to include bicycle facilities in all collector and arterial corridors, finish a trail loop around the city and other pro-mobility policies.

We recognize that being a low-carbon city means being a low-car city, which will require significant changes in our built environment and land use patterns. Further, transportation cost and accessibility are recognized as core components of social equity and livability. The new zoning code must capitalize on the City’s growing investment of transit and mobility to create complete transit-connected corridors and nodes throughout the city.

Financial Prosperity:

Sun Prairie has consistently been among the fastest growing cities in Wisconsin for over 25 years, owing in part to its location along southern Wisconsin transportation routes, adjacency to the City of Madison and the American Center business park, well-regarded schools, and availability of readily developable land. The City is increasingly feeling financial constraints similar to other communities in Wisconsin due to severe property tax levy limits, the need to replace aging infrastructure developed in the 1970s and 80s, and rapidly rising costs for services.

The recognition of the connection between development character, costs of municipal services and infrastructure, and local revenues is becoming increasingly part of policy deliberations. The city’s current zoning code has contributed to a spread-out development pattern that requires significant infrastructure, and either prohibits or makes infill development procedurally difficult.

A meaningful part of the movement to update development regulations derives from the need for the city to improve its financial ability to maintain infrastructure and services.

B. Project Description

The City seeks an ambitious and forward-thinking approach to development regulation that clearly reflects community values and is completely aligned with creating an equitable, sustainable, and prosperous city. The code must support sustainable city building through means such as compact development, mixed-use neighborhoods, efficient land use, limit automobile transportation needs, and utilize design practices that support natural systems. Regulatory tools that create or reinforce social and racial inequity or result in disparate impacts must be eliminated, and this new framework must advance equitable development to the extent possible.

A public health lens must be utilized to reinforce positive environmental and social determinants of health through community design for all members of the community. Property owners will have greater flexibility and freedom to invest in their place. In addition, the code must allow and encourage greater housing diversity and livability through design and enabling regulations.

City staff have spent much of the past year studying best practices, literature, and comparison projects to increase our internal capacity to guide this project successfully. This preparation includes all planning division staff completing the Form Based Codes Institute 101 course, and we anticipate beginning with some sort of form-based approach.

Desired Outcomes and Characteristics of Success:

Coherent system of modern local development regulation that clearly advances public health, safety, and welfare, aligned with city vision and values.

Site and building design standards with form-based and performance criteria utilizing simple and clear illustrations or images to visually define standards and expectations.

Enable neighborhoods with a mix of housing types, scales, and price points, accessible with jobs, services, and institutional uses.

Conduct a robust and inclusive public process that successfully and meaningfully includes minority and underrepresented populations, that fairly and transparently addresses issues and solutions. Coding process that educates with evidence-based literature/data on the need for zoning reforms and the associated co-benefits, and utilizes effective messaging to combat myths, stereotypes, and harmful judgments attached with particular development formats.

Reduce environmental impact and carbon emissions through land use, development, transportation, and linked factors. Site and landscaping standards that integrate low impact development, green infrastructure, and native, biodynamic landscapes.

Modernize and streamline the entitlement process. Greatly reduce the use of planned development zoning, conditional uses, and discretionary hearings.

Remove unnecessary regulatory barriers to infill development in existing neighborhoods.

Integrate holistic public health considerations into built environment regulations.

Control the volume and location of automobile storage and drive-through uses to emphasize high design quality, walkability, and safety.

Update and consider integration of land division ordinances with the zoning code rewrite.

Eliminate exclusionary zoning practices that do not advance public health or welfare.

Promote and affirmatively further the City’s commitment to equity, diversity, and inclusion, repositioning development regulations as a tool for pursuing equitable development.

Update the sign ordinance to be consistent with latest case law and enabling of public art.

Coordinate land use and transportation to create a connection-rich environment. Enable best practices in transit-oriented development and communities. Reinforce an intentional prioritization and transition toward pedestrian and bicycle mobility and transit access.

Create an ordinance framework that is resilient with the capacity to create updates by staff.

Incorporate timeless and flexible design requirements that allow the built environment to advance public interests and values while being flexible to changing technology and economy.

Utilize zoning as a placemaking tool. The character of the built environment is significantly shaped by development regulations, resulting in the performance, appearance, enjoyment, flexibility, resiliency, seasonality of place. While modern development regulations are not sufficient, they must ensure core elements of successful placemaking are present at the site and neighborhood scale without unduly limiting flexibility.

C. Scope of Services The selected Consultant Team will work closely with city staff and an anticipated steering committee throughout this project. In addition to public engagement activities, the consultant will need to participate in public hearings at appropriate times and may be required to present updates to the Plan Commission and City Council.

This RFP selection process is arranged to focus on the experience, capacities, and approach of the consultant team. The consultant is encouraged to describe how they anticipate approaching the close coordination of work with staff and the community, conduct assessment and public engagement, and navigate contentious topics, recognizing that a work plan will be developed with staff contract development. Examples of past or ongoing projects is expected, including links to codes, articles, engagement tools, and other relevant documentation.

We expect work to begin in approximately September 2023, or as soon after contracting is complete. Staff estimate an 18–24-month process. Based on this, indicate a general timeline to complete the tasks and the estimated number of hours per component.

The City has a $150,000 budget for the completion of this project. The consultant is encouraged to describe how their team may accomplish the desired project outcomes within this budget, and what scope or services may require additional investment.

Planning Staff & Steering Committee The Community Development Department includes approximately 20 staff encompassing planning, economic development, and building inspections. The Planning Director will lead this project.

A steering committee encompassing planners and other key staff, along with expert community stakeholder perspectives is anticipated. This committee serves as the high-touch group that works with the consultant and the city staff that are most engaged in this project to guide and inform this project activities and refine recommendations to the Plan Commission. Additional subgroups or focus groups may be created to broaden or deepen engagement in specific areas. An alternative process may be recommended.

The Consultant Team should clearly identify their project manager and describe how they intend to manage the day-to-day activities for successful project completion, including coordinating of activities conducted by city staff. Communication between the Consultant Team and City of Sun Prairie project manager is critical.

The Plan Commission will be the primary public body engaged in this project, who recommend action to the City Council. The City has a Housing Committee, Community Development Authority, Sustainability Committee, and Transit Commission, each of whom may be engaged in various stages.

Essential Tasks

These are the anticipated requirements for the creation of the City of Sun Prairie’s development regulations and are not intended to be an all-inclusive list of tasks and deliverables. It is expected that the chosen Consultant Team will provide the City with more specific recommendations for approaches, tasks, and deliverables based on their experience and expertise from past work on similar projects. Innovative approaches that meet the intent of the Project Description and Scope of Services are welcomed, these could be presented as additional services or approaches in the Consultant Team’s response.

The desired services include, but are not specifically limited to the following:

1. Project Plan

a. The Consultant’s Team will meet with city staff to identify, discuss, and outline the high-level components necessary for the project, including: overall project goals, project calendar, milestones, and internal team coordination plans.

Discussions will start to identify elements of an effective public outreach and communications plan that includes involvement of key stakeholders and focus groups, community ambassadors, interested community advocates and professional organizations, and develop preliminary content ideas for outreach materials.

b. Develop a detailed scope of work, timeline, and budget to create new development regulations for the City of Sun Prairie

c. Scope and communication practices to achieve effective coordination of activities with city staff and accountability for committed actions.

d. Provide recommendations regarding best practices/example codes as related to low-carbon sustainable development, form-base designs, affordable/attainable housing, missing middle housing, mixed housing integration, parking reductions, multi-modal transportation, performance standards for various uses, etc.

2. Project Management

a. Monthly or bi-weekly project status meetings with city staff throughout the life of the project or as agreed-upon with the city.

b. Communicating clearly and frequently with the city project manager on needs and expectations.

c. Submitting written or oral progress reports as agreed-upon with the city.