Codes of Ordinances Amendment -Title 16 Zoning Advisory Commission Voting Quorum (Second Reading) Copyrighted
January 7, 2019
City of Dubuque Action Items # 1.
ITEM TITLE: Code of Ordinances Amendment Title 16 - Zoning Advisory
Commission Voting Quorum (Second Reading)
SUMMARY: Zoning Advisory Commission recommending approval of
amending ordinance the 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.
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 FourAffirmative 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; MotionA
ATTACHMENTS:
Description Type
UDC TextAmendment-ZoningAdvisory Commission Voting City Manager Memo
Quorum- MVM Memo
Staff memo Staff Memo
ZAC Letter Staff Memo
Application Supporting Documentation
Staff Memo 11/6/18 Supporting Documentation
Ordi nance Ordi nance
EffectofAmendment Supporting Documentation
Proof of Publication Supporting Documentation
Suggested Motion Wording Supporting Documentation
THE CITY OF Dubuque
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: UDC Text Amendment - Zoning Advisory Commission Voting Quorum
DATE: January 3, 2019
Planning Services Manager Laura Carstens is transmitting responses to questions
about the proposed Unified Development Code text amendment for the Zoning Advisory
Commission voting quorum.
�� �� ��
Mic ael C. Van Milligen �� �
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Teri Goodmann, Assistant City Manager
Cori Burbach, Assistant City Manager
Laura Carstens, Planning Services Manager
THE CTTY OF Dubuque
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DUB E 'il��i;'
Masterpiece on the Mississippi Z°°' Z°'Z
2013 2017
TO: Michael Van Milligen, City Manager
FROM: Laura Carstens, Planning Seroices Manager `''`
SUBJECT: UDC Text Amendment - Zoning Advisory Commission Voting Quorum
DATE: January 2, 2019
INTRODUCTION
This memo responds to a few questions about the proposed Unified Development Code
(UDC) text amendment for the Zoning Advisory Commission voting quorum, as you
requested. The questions were:
1) Two instances of denials due to voting were mentioned. What were those
instances?
2) Did they still come to Council despite those denials?
3) Did the Council ultimately approve or deny that request?
DISCUSSION
At the June 7, 2017, Zoning Advisory Commission meeting the request to rezone
property at 970 Kirkwood Drive from R-1 Single-Family Residential to R-2 Two-Family
Residential submitted by Mr. John Long was denied with 3 affirmative and 3 negative
votes for lack of 4 affirmative votes. On June 13, 2017, Mr. Long withdrew his request
to rezone and the request did not go on to the City Council.
At the April 4, 2018, Zoning Advisory Commission meeting the request to rezone
property along Stone Valley Drive from C-3 General Commercial to PUD Planned Unit
Development with a PR Planned Residential designation submitted by Mr. Ron Klein
and Mr. Sam Murley was denied by a vote of 3 affirmative, 2 negative and 2 abstentions
for lack of 4 affirmative votes. The April 16, 2018 City Council records indicate that a
motion to consider the first reading of the proposed ordinance for the Stone Valley
rezoning failed by a vote of 1 affirmative and 6 negative, which was a denial by the
Council.
Please let me know if you need anything else. Thanks.
1
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
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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�' , �� � �� ��,,
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Fee: �s Received by: ' Date: ///G /A"i4ocket:
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THE CITY OF Dubuque
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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,,� ��...,.,+„ ,,,+�
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Section 16-9-5-2 Zoning Advisory Commission Action:
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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.
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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:
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\ /
�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
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may submit a written request to withdraw the text amendment application at any time
prior to final action by the city council.
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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
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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 :+
Suggested Motion Wording for Ordinances - Motion B / Motion A
Motion B
I move to receive and file the communications and further move that the requirement
that a proposed Ordinance be considered and voted on for passage at two Council
meetings prior to the meeting at which is to be finally passed be suspended.
Second & vote called; then:
Motion A
I move final consideration and passage of the Ordinance.
Second & vote called
If Motion B does not pass:
I move to receive and file the communications and I move first (or second) consideration
of the Ordinance.
Upon third reading:
I move final consideration and passage of the Ordinance.