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Code of Ordinances Amendment Title 16 - Zoning Advisory Voting Quorum_1st Reading Copyrighted December 17, 2018 City of Dubuque Public Hearings # 2. ITEM TITLE: Code of Ordinances Amendment Title 16 -Zoning Advisory Commission Voting Quorum SUMMARY: Proof of publication for notice of public hearing to consider a request from the City of Dubuque to Amend Unified Development Code (Zoning Ordinance) sections 16-9-1 (J) (5), 16-9-5-2(B), 16-9-6-2(B), and 16-9-6-3 to modify voting requirements for the Zoning Advisory Commission and the Zoning Advisory Commission recommending approval. ORDINANCE Amending Title 16 Unified Development Code of The City Code of Ordinances, by Amending Section 16-9-1(J)(5), Section 16-9-5-2(B), Section 16-9-6- 2(B)And Section 16-9-6-3 to Remove the Requirement for a Minimum of Four Affirmative Votes by the Zoning Advisory Commission for a Recommendation of Approval for Rezonings and Text Amendments SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion A ATTACHMENTS: Description Type ZAC letter Staff Memo Application Supporting Documentation Staff Memo Supporting Documentation Ordinance Ordinance Effect of Amendment Supporting Documentation Proof of Publication (added) Supporting Documentation Plannuig Services Deparhnent City Ha11 Dubuque 50 West 13��Street THE CITY OP � Dubuque,IA 52001-4864 A41�wid� (563)589-4210 phone � V L1 L 1��,I�' II (563)589-4221 fax (563)690-6678 TDD �. planninp�cityofdubuque.oTg Masterpiece on the Mississippi �.zoi� December 10, 2018 The Honorable Mayor and City Council Members City of Dubuque City Hall — 50 W. 13'h Street DubuquelA 52001 Applicant: City of Dubuque Description: Amend Sections 16-9-1(J)(5), 16-9.5-5.2(B), 16-9.6.2(B) and 16-9-6.3(B) to modify voting requirements for the Zoning Advisory Commission i Dear Mayor and City Council Members �, The City of Dubuque Zoning Advisory Commission has reviewed the above-cited i request. The application, staff report and related materials are attached for your review. Discussion Associate Planner Kyle Kritz reviewed the proposed amendment to the Unified Development Code to modify the voting requirements for the Zoning Advisory Commission by allowing a simple majority of voting members to approve any request. The current Code requires at least four (4) concurring votes to recommend approval of a rezoning request. Denials have resulted despite a majority of three (3) in favor and two (2) opposed due to the current Code. There were no public comments. The Zoning Advisory Commission discussed the request, and reviewed potential scenarios when/if only four members were present and a member needed to abstain. The Commissioners also noted that four members constitute a quorum necessary to hold a meeting. Recommendation By a vote of 4 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, �-,C��6�-�_ Thomas Henschel, Chairperson Zoning Advisory Commission Attachments Service People Integrity Responsibllity InnovaHo� Teamwork City of Dubuque oubuque Plannin Services De artment 7'HE CITY OP � B P mw,m�a, Dubuque, IA 52001-4845 �T T� �i ��.t Phone: 563-589-4210 �"� Fax: 563-589-4221 210''3°`� lanninq c(aci ofdubu ue or Musterpiece on fhe Mississippi ,��,.,�„ P tY q 4 PLANNING APPLICATION FORM ❑Variance ❑Pre�iminary Plat ❑Simple Subdivision ❑Certificate of Appropriateness ❑Conditional Use Permit ❑Major Final Plat ❑m Text Amendment ❑Advisory Design Review (Public Projects) ❑Appeal ❑Minor Final Plat ❑Temporary Use Permit ❑Certificate of Emnomk Non-Viability ❑Special Exception ❑Simple Site Plan ❑Annexation ❑Historic Designation ❑Limited Setback Waiver ❑Minor Site Plan ❑Historic Revolving Loan ❑Demolition ❑Rezoning/PUD/ID ❑Major Site Plan ❑Hlstoric Housing Grant ❑Port of Dubuque/Chaplain Schmitt Island Design Review Please tvne or nrint leqiblv in ink Property owner(s): N/A Phone: Address: City: State: Zip: Fax #: Cell #: Email: APPr�a�tiAge�t: City of Dubuque Planning Services DeptPno�e 563-589-42109 Add�e55: 50 W. 13th Street ��ry Dubuque state: IA Z�P: 52001 FaX��;: 563-589-4221 ce�� #: E-ma��: planning@cityofdubuque.org Site location/address: N/A Neighborhood Association: N�A Existing zoning: N�A Proposed zoning: N�A District: N�A Landmark: ❑ Yes ❑ No 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): To amend the Unified Development Code Sections 16-9-1 (J) (5), 16-9-5-2 (B), 16-9-6-2 (B) and 16-9-6-3 (B)to remove requirement for four affirmative votes by the Zoning Advisory Commission for rezoning and text amendment applications. CERTIFICATION: I/we, the undersigned, do hereby certify/acknowledge that: 1. It is the property owner's responsibility to locate property lines and to review the abstract for easements and restrictive covenants. 2. The information submitted herein is true and correct to the best of my/our knowledge and upon submittal becomes public record; 3. Fees are not refundable and payment does not guarantee approval; and 4. All additional required written and graphic materials are attached. Property Owner(s): N/A r Date: � �Applicant/Agent �� /��— Date: FOR OFFICE USE ONLY—APPLICATION SUBMITfAL CHECKLIST i �„ E% ,a�' , �� ,, � Fee: �s Received by: ' Date: ///G /A"i4ocket: i � THE CITY OF Dubuque —�� -�' FI4AmericaCity l..J L � 1� I I�I'! Masterpiece on the Mississippi Z°°''Z°'Z 2013•2017 TO: Zoning Advisory Commission FROfdI: Laura Carstens, Pianning Services Manager `<�`� SUBJECT: UDC Text Amendment for Zoning Commission's Voting Quorum DATE: November 6, 2018 INTRODUCTION This memo discusses a Unified Development Code (UDC) text amendment for the definition of a voting quorum of the Zoning Advisory Commission to remove the requirement for a minimum of four affirmative votes for a recommendation of approval for rezonings and text amendments. DISCUSSION This amendment is being brought forth by City due to votes on two recent rezoning cases. In these cases, the vote resulted in a denial by the Commission, even though a majority of the Commissioners present and voting were in favor. The Zoning Advisory Commission has 7 members. The UDC regulates the Commission's voting as follows: UDC Section 16-9-1 (J) Meetings (5) Quorum, Section 16-9-5-2 Zoning Advisory Commission Action (B), and Section 16-9-6-2 Application Requirements (B) stipulate that the affirmative of at least four (4) Commission members is required to constitute a recommendation of approval for rezonings and text amendments regardless if a majority of Commissioners present and voting cast a vote in favor. This text is what causes majority vote in favor by those present and voting to nonetheless act as a denial. Staff has determined that this provision was established with the 1985 citywide zoning ordinance update. It was continued with the 2009 update that created the UDC. The City Attorney's Office has determined that this provision has no basis in lowa Code. This means the City Council is free to revise this provision if it chooses to do so. RECOMMENDATION Staff recommends that the Zoning Advisory Commission recommend approval of the proposed UDC amendment to redefine the voting quorum of the Zoning Advisory Commission to be affirmative vote of a majority of the commissioners present and voting, as foliows. Language to be removed is shown in strikethrough text. Language to be added is shown in bold text. Section 16-9-1 (J) Meetings: (5) Quorum: Four (4) commissioners constitute a quorum for the transaction of business. The affirmative vote of a majority of the commissioners present and voting is necessary UDC Text Amendment —ZAC Voting Quorum for the adoption of any motion or resolution. -�� '�r{�a^^�' °^ � r,,� ��...,.,+„ ,,,+� �ti.,�� ti,. � .,,a ., eho .,c �� +o.,+ � ��'m,,.,o^r,�.., +"�e�er�is�-ordiaaase;-b�a ti�+.,..+ .,i � ��i��c��r„ �� ,�i .�oT;,�6��tiT�e�l{�-ryla+�r�ec� 4' +�# I'.��+'....� .a\ �,rl..r,+'...� !.f � � r.l�n .. nnr+� n c�\ � r�nrlmcin# nf o .. � r m r m � ��„�u�r.r.��`..��..� �� w �N.��. � w�.� N�w�� . ��N��.� �. �� w.��.. �.��., � ...."'N FCH�.rr.nvc-�rrn-r. Section 16-9-5-2 Zoning Advisory Commission Action: /B\ T4.� off'r��of\i rn�e��e^��4 f�r l�\ rn �� .+-.h...o oholl L.r� . r�rl 4.. \ / r l%v�, �n�+'4 4., .-, �..rlo+'n nf o �ol nf o -, m�nTror�l�cs f�ro4�no�� v�, ��o..r .. ...L.nr �f wff�rm�#' ��n4oc choll nnnc#'4 4� o rornmmonflo#'nn nf rlon'J .......,, �...��.,.,� ....,... ..,..,., .,�...�� .,.,��.,.�...... .. ..,.,..�.�.�....�.......... ... ........... r��est The recommendation of the Commission shall forthwith be transmitted to the �I�-council for its action. Section 16-9-5-2 (B) Application Requirements incorrectly includes voting action. This language needs io be moved to Sec"tion 9-6-3 Zoning Advisory Commission Hciion as foiiows: Section 16-9-5-2 Application Requirements �Any person may propose amendments to the provisions of this title by delivering a copy of the proposed amendment to the planning services department. The appiicant may submit a written request to withdraw the text amendment application at any time prior to final action by the city councii. R�4, .-,ff'.....�+'.�_ �.,+c� nf o+ I�4�Tm'r c�Thorc cho��l ho ti��.��e �ff�rm��+.4�.i�4��11 L.r. .� o'rlr.mrl � nrin#'n nf rl�n'-�I nf iho � nrl_�.�a�m�_�.�ror+ Tho .+.�lo+'.. cG��li V.n f..hL.�./4h 4r.� m'#+�fl #n 4ho n'I fn ?o ..�,-^-^oF"r�F;', �aA� Section 9-6-3 Zoning Advisory Commission Action: A. The zoning advisory commission shall consider a text amendment request at a public hearing. Following the public hearing, the zoning advisory commission shall act to recommend approval or denial of the request, or table the request. B. The commission's recommendations shall be forthwith transmitted to the council for its action. REQUESTED ACTION The requested action is for the Zoning Advisory Commission to recommend approval of the proposed UDC text amendment to the City Council. Enclosures cc Crenna Brumweil, City Attorney Maureen Quann, Assistant City Attorney Kyle Kritz, Associate Planner Guy Hemenway, Assistant Planner F:\Users\Mretlenb\WP\Commissions\ZAC\20�8\December\Memo ZAC quorum definition amendmenLdoc 2 Prepared by: Laura Carstens. Address: Citv Hall. 50 W. 13th St Telephone: 589-4210 Return to: Kevin FimstahL CiN Clerk Address: Citv Hall-50 W. 13t°St Telephone: 589-4121 ORDINANCE NO. -18 AN ORDINANCE AMENDING TITLE 16 UNIFIED DEVELOPMENT CODE OF THE CITY CODE OF ORDINANCES, BYAMENDING SECTION 16-9-1(J)(5), SECTION 16-9-5-2(B), SECTION 16-9-6-2(B) AND SECTION 16-9-6-3 TO REMOVE THE REQUIREMENT FOR A MINIMUM OF FOUR AFFIRMATIVE VOTES BY THE ZONING ADVISORY COMMISSION FOR A RECOMMENDATION OF APPROVAL FOR REZONINGS AND TEXT AMENDMENTS NOW, THEREFORE, BE IT ORDAINED BYTHE CITY COUNCIL OF THE CITYOF DUBUQUE, IOWA: Section 1. That Ordinance Title 16 Unified Development Code, is hereby amended in Section 16-9-1 (J)(5), Section 16-9-5-2(B), Section 16-9-6-2(B) and Section 16-9-6-3 as follows: Section 16-9-1 (J) Meetings: (5) Quorum: Four (4) commissioners constitute a quorum for the transaction of business. The affirmative vote of a majority of the commissioners present and voting is necessary for the adoption of any motion or resolution. ��' �"��'°��• '^` ��•m�'�.,� .,�'�� Section 16-9-5-2 Zoning Advisory Commission Action: /B\ T4... �FF.w.�46... ....4.. ..F�4 I..�o4 F..��. /A\ .� w.h...o 04.�11 h.. . ....J 4.. \ / �e�es� The recommendation of the Commission shall forthwith be transmitted to the �it�SlerJEcouncil for its action. Section 16-9-5-2 Application Requirements ,4 Any person may propose amendments to the provisions of this title by delivering a copy of the proposed amendment to the planning services department. The applicant C:\Program Files (x86)�neevia.com�docConverterPro�temp\NVDC\0106F4C1-210G4985-BE67- 35 FDAA01205B\PDFConvert.32890.1.ordinance_ZAC_quroum.doc may submit a written request to withdraw the text amendment application at any time prior to final action by the city council. Q TM.. ..iii.......46... ....4.. ..F..4 I.....-4 F..��. /A\ .. ....1.....- .-M..II 1... . ...J 4.. � Section 16-9-6-3 Zoning Advisory Commission Action: A. The zoning advisory commission shall consider a text amendment request at a public hearing. Following the public hearing, the zoning advisory commission shall act to recommend approval or denial of the request, or table the request. B. The commission's recommendations shall be forthwith transmitted to the council for its action. Section 2. That the foregoing amendment has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, lowa. Section 3. This Ordinance shall take effect immediately upon publication as provided by law. Passed, approved and adopted this day of 2018. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk C:\Program Files (x86)�neevia.com�docConverterPro�temp\NVDC\0106F4C1-210G4985-BE67- 35 FDAA01205B\PDFConvert.32890.1.ordinance_ZAC_quroum.doc EFFECT OF AMENDMENT Section 16-9-1 (J) Meetings: (5) Quorum: Four (4) commissioners constitute a quorum for the transaction of business. The affirmative vote of a majority of the commissioners present and voting is necessary for the adoption of any motion or resolution. Section 16-9-5-2 Zoning Advisory Commission Action: (B) The recommendation of the Commission shall forthwith be transmitted to the council for its action. Section 16-9-5-2 Application Requirements Any person may propose amendments to the provisions of this title by delivering a copy of the proposed amendment to the planning services department. The applicant may submit a written request to withdraw the text amendment application at any time prior to finai action by the city council. Section 16-9-6-3 Zoning Advisory Commission Action: A. The zoning advisory commission shall consider a text amendment request at a public hearing. Following the public hearing, the zoning advisory commission shall act to recommend approval or denial of the request, or table the request. B. The commission's recommendations shall be forthwith transmitted to the council for its action. STATE OF IOWA {SS: DUBUQUE C OUNTY CERTI]FICATION OF PUBLICATION ' � '� I, 5uzanne Pilce, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation,publisher '� of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County ' of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper �� on the following dates: December 07, 2018, and for which the charge is $19.76. i'+ ;� � �� CITY OF DUBUQUE, ` IOWA OFFICIAL NOTICE I NOTICE is hereby giv- � en that the��Dubuque-�� City":Council will com ' I ducYpublic hearings at ' � � a meeting to com- ' � Subscribed to before me, a Notary Public in and for Dubuqiie County, Iowa, mence at 6:00 p m on ,'� ; � , / /�J' Monday, December 17, i this��'.��day of�� .,�� , 20�-> 2018;`in the-Historic ' 'y Federal Building, sec= I ond-floor, 350 W. 6th I !I; Street; Dubuque, on ' the following: . I� 4ext Amentlment � a Request from the City Ij - of Dubuque to Amend. j Unified Development „ Code : (Zoning` Ordi- Ot2Py PUbI1C Iri 2riC� fOP DUbUC1U0 COUrity, IOW1. nance) sections 1s-9-1 I :I (J)(57,16-9-5.2(8),16-9-,', � 6.2(8),,,and 16-9 6.3(8).' to modify voting re= I � quirements fo� the ', i� Zoning Advisory;.Com- � rr�ission. Copies of supporting'. �� documents for the pub- '', �,,.,�,.....�.e..s-� Jic h�arings�re�on file �, o��`e�� MARYKV�IES�`��YER �n the City Clerks of , fice, City Hall, 50 W. �� r ��mmj��ic�n Nurnber 154��5 13th St., "DubUque,' �� 8w My CommissiQn�XP•��b•�,�020 iowa, and may be viewed;during norma � � working hours. ` 'Written comments re-� garding,the,above;pub•I lic hearings may be' submitted to tFie CityJ., Clerk's Office,;50 W.' 13th St., on or tiefore' said time of ,public l hearing. At said time i and place '.of,.public;l hearinqs all inte,resfed,,; citizens` and� parties i will be given an oppor-:�; tunity,to be heai`d for��j or against said propos- i ., al. ��' Any Visually-or hear- I ing-impaired persons 1 needing special assis- ' ta�ice or persons with :'; special ' accessibility ' � needs'should `coptacf I '� the City Clerk's Office ` at (563) 589-4100 or ' ' TDD (�563) 690-6678 at � � least 48<hour.s prior to �� ',the meeting. Kevin S.Firnstahl, , CMC,City Clerk lt 12/7 :+