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Zoning Cases City Council HearCITY OF DUBUQUE, IOWA MEMORANDUM February 17, 2000 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: City Council Hearing Process--Zoning Cases Planning Services Manager Laura Carstens is recommending a revision to the public hearing process on zoning cases that would shorten the current process by two or three weeks, without negatively impacting citizens ability to provide input. Currently, a case goes to the Zoning Advisory Commission and then to the City Council. The City Council receives the report and sets if for public hearing. The City Council holds the public hearing at a later meeting. The step where the City Council sets the item for public hearing would be eliminated. All cases would automatically be put on a Council agenda as a public hearing. This is an effort to streamline the development process. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM/dd Attachment cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager Laura Carstens, Planning Services Manager CITY OF DUBUQUE, IOWA MEMORANDUM February 9, 2000 TO: Michael C. Van Milligen, City Manager FROM: Laura Carstens, Planning Services Manager SUBJECT: City Council Public Hearing Process - Zoning Cases INTRODUCTION This memo describes a proposed process for City Council public hearings on zoning cases (rezonings, planned unit developments [PUDs], and text amendments). The proposed process would shorten the current process by two or three weeks, and would be less confusing to applicants, neighbors, and the general public. City staff requests City Council adoption of this new process. DISCUSSION Current Zonina Process The current zoning process for cases that require public hearings is as follows: 1. The Zoning Advisory Commission holds a public hearing (usually the first Wednesday of the month). 2. The day after the Commission meeting, Planning Services staff provide the City Clerk's Office with the Commission's recommendations and suggested hearing dates. 3. The City Council receives the Commission's recommendation (and all related information) at their second meeting each month. 4. If the Commission recommends denial, the City Council can concur with the denial without a public hearing (although they usually hold a hearing anyway). 5. The Council sets the request for a public hearing - typically, for their first meeting of the next month. The Council's "set for public hearing" step is confusing to applicants, neighbors and the general public, who don't understand the two to three week delay. The Zoning Advisory Commission eliminated their "set for hearing step" in 1991 to streamline the process. City Council Public Hearing Process February 9, 2000 Page 2 Proposed Zonina Process In an effort to streamline the zoning process, we propose that the Council's "set for hearing" step be eliminated. The proposed zoning process would be as follows: 1. The City Council would receive copies of the Zoning Advisory Commission agenda items at their first Council meeting of the month. (Often, this will be prior to the Commission's meeting.) The zoning packets would be put in the back of the Council members' notebooks, as informational items. An agenda or a standard form letter from the City Manager could be placed in front of these items, listing the upcoming zoning cases. 2. The Zoning Advisory Commission would hold their public hearing as usual. 3. The day after the Commission meeting, Planning Services staff would provide the City Clerk's Office with the Commission's recommendations. If an item was tabled by the Commission, then the City Clerk's Office would not publish the Council's public hearing notice for that item. Otherwise, the public hearing notices for the zoning cases would be published with the hearing date as the Council's second meeting of the month. 4. The information on the zoning cases would be moved from the back of the Council members' notebooks to the public hearing section. Cover letters from the Zoning Advisory Commission stating their recommendations would be placed ahead of the corresponding zoning cases. Any letters or other materials received at the Zoning Advisory Commission's public hearing also would be inserted with the cover letters. 5. The City Council would hold their public hearing as usual. If the proposed zoning process is adopted by the City Council, the Council would no longer be able to concur with a denial by the Commission without a public hearing. The Council still would have the opportunity to table a request to a future meeting. All zoning items would be given a public hearing by the City Council with the proposed zoning process. Timetable Comparison Below is a timetable comparison of the current zoning process and the proposed zoning process for approvals of a rezoning case. In this example, the zoning process would be shortened by 21 days. Zoning Process Steps Commission holds hearing Council sets for hearing Council holds hearing Current January 5 January 17 February 7 January 17 Proposed January 5 City Council Public Hearing Process February 9, 2000 Page 3 Effect of Amendment Below is shown the effect of the text amendment to the Zoning Ordinance. Language to be deleted is crossed out. New language is underlined. 6-1.4 Commission Action. Following the public hearing, or if no hearing is held, then at any time following receipt of the reclassification request, the commission may act to recommend approval or disapproval of the request. The affirmative vote of at least four (4) commission members shall be required to constitute approval of a substantial zoning reclassification request as defined in Section 6-1.3, and any lesser number of affirmative votes shall constitute a disapproval of the request. A failure of the commission to consider a zoning reclassification request within sixty (60) days following the first commission meeting at which the request is received, unless the person(s) seeking reclassification request(s) an extension of this sixty day limitation shall constitute commission approval thereof. A recommendation of the commission shall forthwith be transmitted to the City Council for its action Citv Clerk. 6-1.5 Counci/Action. Following receipt of any recommendation of the commission, or on finding that the commission has not considered the request within the sixty (60) day limitation, the City Coundl shall initiate final action on the request. A Commission recommendation for denial of a request may be approved by the City Council vvithout public hearing. If the Commission recommends approval of a request, the City Council shall act to hold its own Clerk shall cause a notice to be published of the date, time and place for the City Council to hold a public hearing on the requested reclassification, which shall be the next reaular scheduled meetina of the City Council, which is not less than ten (10) days after the commission's public hearing on the reclassification, at which time all interested parties shall have an opportunity to be heard. At least seven (7) days and not more than twenty (20) days notice of the time and place of such hearing shall be published in a newspaper of general circulation in the City. RECOMMENDATION The proposed public hearing process for zoning cases was developed by staff in the Planning Services Department, Legal Department, City Clerk's Office and City Manager's Office. The Zoning Advisory Commission has reviewed the proposal, and supports the recommended changes. We recommend that the proposed zoning process for City Council public hearings be instituted. We also recommend that the Zoning Ordinance be amended to eliminate the option for the City Council to concur with the Zoning Advisory Commission denial without a public hearing. Like the "set for hearing" process, the City Council's concurrence with denial without a public hearing is confusing to applicants and neighbors. This text amendment is necessary if the proposed process is adopted. A Zoning Ordinance amendment is attached for consideration. City Council Public Hearing Process February 9, 2000 Page 4 ACTION STEP The requested action step is for the City Council to adopt the proposed zoning process, and to direct Planning Services staff to begin the Zoning Ordinance amendment procedure. LC/mkr Attachments cc: Barry Lindahl, Corporation Counsel Jeanne Schneider, City Clerk Planning Services Department 50 West 13th Street Dubuque, Iowa 52001-4864 Phone (319) 589-4210 Fax (319) 589-4149 February 9, 2000 The Honorable Mayor and City Council Members City of Dubuque City Hall - 50 W. 13th Street Dubuque, IA 52001 RE: City Council Public Hearing Process Dear Mayor and City Council Members: The Zoning Advisory Commission has reviewed the City Council public hearing process proposed by City staff. The Zoning Advisory Commission discussed the request noting that the proposal will streamline the process and make it less confusing to applicants and citizens. The Zoning Advisory Commission recommends that City Council adopt the proposed zoning process. RespectfullY submitted, Richard Schiltz, Chairperson Zoning Advisory Commission Service People Integrity Responsibility Innovation Teamwork , '. Prepared by: Laura Carstens, City Planner Address: 50 W. 13th St.. City Hall Telephone: 589-4210 ORDINANCE NO. -00 AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE CODE OF ORDINANCES, BY AMENDING SECTION 6-1.4 COMMISSION ACTION AND SECTION 6-1.5 COUNCIL ACTION, PERTAINING TO ZONING RECLASSIFICATIONS AND TEXT AMENDMENTS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by amending Section 6-1.4 Commission Action, as follows: 6-1.4 Commission Action. Following the public hearing, or if no hearing is held, then at any time following receipt of the reclassification request, the commission may act to recommend approval or disapproval of the request. The affirmative vote of at least four (4) commission members shall be required to constitute approval of a substantial zoning reclassification request as defined in Section 6-1.3, and any lesser number of affirmative votes shall constitute a disapproval of the request. A failure of the commission to consider a zoning reclassification request within sixty (60) days following the first commission meeting at which the request is received, unless the person(s) seeking reclassification request(s) an extension of this sixty day limitation, shall constitute commission approval thereof. A recommendation of the commission shall forthwith be transmitted to the City Clerk. Section 2. Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances is hereby amended by amending Section 6-1.5 Council Action, as follows: 6-1.5 Council Action. Following receipt of any recommendation of the commission, or on finding that the commission has not considered the request within the sixty (60) day limitation, the City Clerk shall cause a notice to be published of the date, time and place for the City Council to hold a public hearing on the requested reclassification, which shall be the next regular scheduled meeting of the City Council which is not less than ten (10) days after the commission's public hearing on the reclassification, at which time all interested parties shall have an opportunity to be heard. At least seven (7) days and not more than twenty (20) Ordinance No. Page 2 -00 days notice of the time and place of such hearing shall be published in a newspaper of general circulation in the City. Section 3. The ordinance has heretofore been reviewed by the Zoning Advisory Commission of the City of Dubuque, Iowa. Section 4. The ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this day of ,2000. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk F: IU S E RSIMELI NDA IWPICOU N elL lOR DlREZON 1 NG. 0 R 0