Zoning Text Amend 3/4 voteNovember 8, 2004
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque IA 52001
RE: Text Amendment
Applicant: City of Dubuque
Description: To amend Section 6-1.5 & 6-3.2 to eliminate the need for a super majority
vote when the City Council wants to take an action other than that
recommended by the Zoning Advisory Commission.
Dear Mayor and City Council Members:
The City of Dubuque Zoning Advisory Commission has reviewed the above-cited request.
The application, staff report and related materials are attached for your review.
Discussion
Staff reviewed the proposed text amendment, noting the number of cities in Iowa that
have similar voting requirements based on Zoning Commission recommendations.
Several members of the public spoke in opposition to the text amendment, citing
concerns that the Zoning Advisory Commission provides important expertise to the.
community and City Council. A petition in opposition was presented.
The Zoning Advisory Commission discussed the request, noting that for 70 years, the
voting requirement that the text amendment would change has been in effect. The
Commission felt that changing the voting requirement would in the end place a greater
burden on the City Council, as some people would wait for the Council meeting to make
their concerns known.
Recommendation
By a vote of 7 to 0, the Zoning Advisory Commission recommends that the City Council
deny the request.
A simple majority vote is needed for the City Council to concur with the denial. A super
majority vote is needed for the City Council to approve the request.
Text Amendment
November 8, 2004
Page 2
Respectfully submitted,
Jeff Stiles, Chairperson
Zoning Advisory Commission
cc:
Zoning Advisory Commission
Du~
~ck~
City of Dubuque
Planning Services Department
Dubuque, IA 52001-4864
Phone: 563-589-4210
Fax: 563-589-4221
PLANNING APPLICATION FORM
D Variance D Rezoning
DConditlonal Use Permit D Planned District
DAppeal D Preliminary Plat
DSpecial Exception D Minor Final Plat
DUmited Setback Waiver '" Text Amendment
D Simple Site Plan
D Minor Site Plan
D Major Site Plan
D Major Final Plat
D Simple Subdivision
DAnnexatlon
DTemporary Use Pennit
DCertificate of Economic Non-Viability
DCertificate of Appropriateness
DOther:
Please tvoe or Drint leGibly in ink
Property owner(s):
Phone:
Address:
City:
State:- Zip:
Fax Number:
Mobile/Cellular Number:
Applicant! Agent:
Citv of Dubuaue
Phone:
589-4210
Address:
50 W. 13th Street
City: Dubuaue
State: -1A- Zip: 52001
Fax Number:_(563) 589-4221
Mobile/Cellular Number:
Site location/address:
Existing zoning:
Proposed zoning: - Historic District:
landmark: -
Legal Description (Sidwell parcel ID# or lot number/block number/subdivision):
Total property (lot) area (square feet or acres):
Describe proposal and reason necessary (attach a letter of explanation, if needed): To amend
Section 6-1.5 & 6-3.2 of the Zonina Ordinance to eliminate the need for a SUDer
majority vote when the C¡tv Council wants to take an action other than that
recommended bv the Zonina Advisory Commission.
CERTIFICATION: Ilwe, the undersigned, do hereby certify that:
1. The information submitted herein is true and correct to the best of my/our knowledge and upon
submittal becomes public record;
2. Fees are not refundable and payment does not guarantee approval; and
3. All additional required wri nand gra materials are attached.
Property Owner(s): &--
Applicant! Agent:
Date: 10:/'< C/O ~
Date:
FOR OFFICE US CAnON SUBMmAL CHE~~
Fee: _N/A- Received by: Date: /n/l' Docket:
DSite/sketch plan DConceptual Development Plan Dphoto ' . Dlmprovement plans
DDesign review project description DFloor plan DPlat DOther:
MEMORANDUM
October 26, 2004
TO:
Zoning Advisory Commission
FROM:
Kyle L. Kritz, Associate Planner
SUBJECT:
Amendments to the Zoning Ordinance to eliminate the need for a super
majority vote by the City Council when the Zoning Advisory Commission
has recommended denial of a text amendment or zoning reclassification
INTRODUCTION
Sections 6-1.5 and 6-3.2 of the Zoning Ordinance require that when the Zoning
Advisory Commission has recommended denial of either a zoning reclassification or a
text amendment request, a three-quarter vote of the City Council is necessary to enact
the zoning reclassification or text amendment. A three-quarter majority of the Council is
six of seven Council members. The City Manager's Office is requesting this text
amendment so that the only requirement for a super-majority vote in the Zoning
Ordinance would be where it is required by state law.
DISCUSSION
The requirement of a three-quarter vote of the City Council to override a Zoning
Commission recommendation of denial on reclassifications or text amendments dates
back to the 1934 City of Dubuque Zoning Ordinance.
Planning staff has researched nine (9) major cities in Iowa to determine how many have
a similar requirement for City Council voting procedures on zoning reclassifications or
text amendments. City staff contacted the cities of Ames, Cedar Rapids, Council Bluffs,
Davenport, Des Moines, Iowa City, Sioux City, Waterloo and West Des Moines. The
cities of Des Moines, West Des Moines, Waterloo and Davenport have the same
requirement for a super-majority Council vote to override a negative recommendation
from their Zoning Commissions.
The Zoning Advisory Commission has reviewed 66 rezoning and text amendment
requests since January 2003. The Commission has recommended denial on eight (8)
of those requests.
Amendments to the Zoning Ordinance
Page 2
RECOMMENDATION
Planning staff recommends that the Zoning Advisory Commission review the enclosed
information and provide a recommendation to the City Council on this proposed text
amendment request.
Attachments
KLK/mkr
cc:
Michael C. Van Milligen, City Manager
Barry Lindahl, Corporation Counsel
Laura Carstens, Planning Services Manager
Prepared by: Laura Carstens CitY Planner Address: 50 W. 13th 81. CitY Hall Telephone: 589-4210
ORDINANCE NO. -04
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF
THE CITY OF DUBUQUE CODE OF ORDINANCES SECTION 6-1.5 COUNCIL
ACTION BY DELETING THE REQUIREMENT OF THE AFFIRMATIVE VOTE OF
AT LEAST THREE-FOURTHS (3/4) OF THE CITY COUNCIL TO ENACT A
ZONING RECLASSIFICATION IN THOSE CASES WHERE THE ZONING
ADVISORY COMMISSION HAS RECOMMENDED DISAPPROVAL OF THE
RECLASSIFICATION.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That Section 6-1.5 of Appendix A (the Zoning Ordinance) of the City
of Dubuque Code of Ordinances is hereby amended to read 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) days' notice of the time and
place of such hearing shall be published in a newspaper of general
circulation in the city.
Following the public hearing, the council shall act to adopt or reject the
reclassification request.
In case of a written protest against the reclassification request which is filed
with the city clerk and signed by the owners of twenty percent (20%) or more
of the area of the lots included in the request, or by the owners of twenty
percent (20%) or more of the property which is located within two hundred
feet (200') of the exterior boundaries of the property being considered for
reclassification, such request shall not be enacted except by the favorable
vote of at least three-fourths (3/4) of the council. Property owned by the city
or located in the public right-of-way shall not be considered in the above
calculation(s) of twenty percent (20%) area of property ownership.
Section 2. The foregoing amendment has heretofore been reviewed by the
Zoning Advisory Commission of the City of Dubuque, Iowa.
Section 3. This ordinance shall take effect immediately upon publication, as
provided by law.
Passed, approved and adopted this day of 2004.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
Prepared by: Laura Carstens CitY Planner Address: 50 W. 13th 51. City Hall Telephone: 589-4210
ORDINANCE NO. -04
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY
OF DUBUQUE CODE OF ORDINANCES SECTION 6-3.2 COUNCIL ACTION BY
DELETING THE REQUIREMENT OF THE AFFIRMATIVE VOTE OF AT LEAST THREE-
FOURTHS (3/4) OF THE CITY COUNCIL TO ENACT A ZONING AMENDMENT IN
THOSE CASES WHERE THE ZONING ADVISORY COMMISSION HAS
RECOMMENDED DISAPPROVAL OF THE AMENDMENT
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Section 6-3.2 of Appendix A (the Zoning Ordinance) of the City of
Dubuque Code of Ordinances is hereby amended to read as follows:
6-3.2 Council Action: Following receipt of the zoning advisory commission's
recommendation or expiration of the sixty (60) day limit for zoning advisory
commission action, council shall act to hold its own public hearing on the proposed
amendment, at which 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.
Following the public hearing, council shall adopt or reject the proposed amendment.
Section 2. The foregoing amendment has heretofore been reviewed by the Zoning
Advisory Commission of the City of Dubuque, Iowa.
Section 3. This ordinance shall take effect immediately upon publication, as provided by
law.
Passed, approved and adopted this day of 2004.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
Date:
November 3, 2004
Re:
Proposed Amendment to Zoning Ordinance (Super Majority)
From:
Former Dubuque Municipal Zoning Commissioners
Dear Members of the Commission:
We, the 'Imdersigned fonner Zoning Commissioners and concerned citizens, have come
into receipt of the Planning Application Fonn and supporting MemorandU1n41øm the City
Planning Staff recommending, in effect, the elimination of Dubuque's long-standing requirement
that a vote of the Zoning Advisory Committee can only be overridden by a "super majority" vote
of the City Council. We set our names to this Petition in an effort to express our grave concern
regarding the proposal before you and to urge that you vote against a recommendation in favor of
the suggested amendments to our ordinance.
The cumulativ~ tenn served by the individuals whose names appear below is considerable
and we drin't make this Petition lightly or without the benefit of real world "in the seat"
experience. Like you, we know the challenges of the job, the stakes to the community, and the
benefits that can be achieved when citizen committees are allowed to play their traditional role.
With this in mind, we ask that you consider the advantage of 1\ Çommission dedicated to a
single aspect of government - in this case, zoning. While Coljr1cij Members must concern
themselves with every conceivable aspect of municipal governance trAm trash collection to taxes,
the Zoning Advisory Commission, like her sister commissions, haS the ability to focus its
attentions in a single area, thereby developing an expertise in iis' þ.eld and, over time, an
institutional memory of long range plans, past practices and preceooIit.,. Additiona1Iy, appointed
commissioners are often better positioned to act in an objective, dispassio~tç manner, considering
the long tenn interests of the entire community, and not simply a single constituency. If the
proposed amendments are approved, the role of Commissioners will, in all likelihood, be reduced
to that of token advisors. Meetings of the Commission will become unnecessary formalities as all
concerned will come to understand that the only decision that counts will be made by Council
alone. No doubt many applicants will save their best efforts for City Council meetings, and even
the level of advice that can be offered by the Commission will diminish. We ask that you take
these matters in to account when voting this evening.
Thank you.
PETITION TO ZONING ADVISORY COMMISSION
CITY OF DUBUQUE
Date:
Novmber 3. 2004
Re:
Proposed Amendment to Zoning Ordinance (Super Majority)
From:
Former Dubuque Municipal Zoning Commissioners
Dear Members of the Commission:
We, the undersigned former Zoning Commissioners and concerned citizens, have come
into receipt of the Planning Application Form and supporting Memorandum from the City
Planning Staff recommending, in effect, the elimination of Dubuque's long-standing requirement
that a vote of the Zoning Advisory Committee can only be overridden by a "super majority" vote
of the City Council. We set our names to this Petition in an effort to express our grave concern
regarding the proposal before you and urge that you vote against a recommendation in for of
the suggested amendments to our ordinance.
The cumulative term served by the individuals whose names appear below is considerable
and we don't make this Petition lightly or without the benefit of real world "in the seat"
experience. Like you, we know the challenges of the job, the stakes to the community, and the
benefits that can be achieved when citizen committees are allowed to play their traditional role.
With this in mind, we ask that you consider the advantage of a Commission dedicated to a
single aspect of government - in this case, zoning. While Council Members must concern
themselves with every conceiveable aspect of municipal goverance from trash collection to taxes,
the Zoning Advisory Commission, like her sister commissions, has the ability to focus its
attentions in a single area, thereby developing an expertise in its field and, over time, an
institutional memory of long range plans, past practices and precedent. Additionally, appointed
commissioners are often better positioned to act in an objective, dispassionate manner, considering
the long term interests of the entire community, and not simply a single constituency. If the
proposed amendments are approved, the role of Commissioners will, in all likelihood, be reduced
to that of token advisors. Meetings of the Committee will become unneccessary formalities as all
concerned will come to understand that the only decision that couts will be made by Council
alone. No doubt many applicants will save their best efforts for City Council meetings, and even
the level of advice that can be offered by the Commission will diminish. We ask that you take
these matters in to account when voting this evening.