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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.