Zoning Ordinance Text Amendment
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Prepared by: Laura Carstens. City Planner Address: 50 W. 13th St.. City Hall Telephone: 589-4210
ORDINANCE NO. 41-00
41 -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)
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Ordinance No. -00
Page 2
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 1 st day of May
,2000.
Terrance M. Duggan
Attest:
Jeanne F. Schneider, Clerk
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City of Dubuque
Plannin9 Services Department
DUbuque IA 52001-4864
Phone: 319-589-4210
Fax: 319-589-4149
PLANNING APPLICATION FORM
o Variance
o Conditional Use Permit
o Appeal
o Special Exception
o Limited Setback Waiver
o Rezoning
o Planned District
o Preliminary Plat
o Minor Final Plat
III Text Amendment
PLEASE TYPE OR PRINT LEGIBLY IN INK
Property Owner(s): N/A
Address:
Fax Number:
o Simple Site Plan
o Minor Site Plan
o Major Site Plan
o Major Final Plat
o Simple Subdivision
City:
Mobile/Cellular Number:
Address: 50 W 13th 51.
Applicant/Agent: City of Dubuque PlanninQ Services Department
City: Dubuque
Fax Number: 589-4149
. Site location/address: N/A
.
Existing zoning: N/A
Proposed zoning: N/A
Mobile/Cellular Number:
Historic district: N/A
o Annexation
o Temporary Use Permit
o Certificate of Appropriateness
o Certificate of Economic Hardship
o Other:
Phone:
State:
Zip:
Phone: 589-4210
State: IA
Zip: 52001
Landmark: N/A
Legal description (Sidwell Parcel 10 number or lot number/block number/subdivision): N/A
Total property (lot) area (square feet or acres): N/A
Number of lots: N/A
Describe proposal and reason necessary (attach a letter of explanation, if needed): To amend Sections 6-1.4
and 6-1.5 of the ZoninQ Ordinance. pertaininQ to the City Council's public hearinQ process for rezoninQs and text
amendments.
CERTIFICATION: IIwe, 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 itt nand gr hie materials are attached.
Property Owner(s):
Applicant/Agent:
Date:
Date .<,/ d y/ {N
FOR OFFICE USE ONLY - APPLICATION SUBMITTAL CHECKLIST
Fee: N/A Received by:
o Property ownership list 0 Site/sketch plan 0 Floor plan
o Improvement pians 0 Design review project description
Date:
o Plat
o Photo
Docket:
o Conceptual development plan
o Other:
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CITY OF DUBUQUE, IOWA
MEMORANDUM
February 22, 2000
TO:
Zoning Advisory Commission
Laura Carstens, Planning Services Manager ~
FROM:
SUBJECT: City Council Public Hearing Process - Zoning Ordinance Amendment
INTRODUCTION
This memo transmits a Zoning Ordinance text amendment for 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, The City Council has referred the text amendment for this
process to the Zoning Advisory Commission for consideration at a public hearing.
DISCUSSION
Current Zoninq 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.
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.City Council Public Hearing Process
February 22, 2000
Page 2
Proposed Zoning 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.
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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.
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Zoning Process Steps
Commission holds hearing
Council sets for hearing
Council holds hearing
Current
January 5
January 17
February 7
Proposed
January 5
January 17
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'City Council Public Hearing Process
February 22, 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.
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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 Council shall initiate final action on the request. A
Commission recommendation for denial of a request may be approved by the
City Cotmcil without public hearing. If the Commission recommends approval of
a request, the City Council shall act to hold its o....n 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 reQular
scheduled meetinQ 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.
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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.
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City Council Public Hearing Process
February 22, 2000
Page 4
ACTION STEP
The requested action step is for the Zoning Advisory Commission to recommend
adoption of the proposed zoning process, as described in the attached Zoning
Ordinance amendment.
LC/mkr
Attachments
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Planning Services Department
50 West 13th Street
Dubuquel Iowa 52001-4864
Phone (319) 589-4210
Fax (319) 589-4149
5U~~E
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April 11 , 2000
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 Sections 6-1.4 and 6-1.5 of the Zoning Ordinance, pertaining to
the City Council's public hearing process for rezonings and text
amendments.
Dear Mayor and City Council Members:
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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
Kyle L. Kritz, Associate Planner for the City of Dubuque, spoke in favor of the request. He
stated that proposed amendment will reduce review time for rezoning request from the
current average of 63 days to approximately 45 days.
The Zoning Advisory Commission discussed the request, noting that the Developers'
Roundtable initially requested that staff look into ways of decreasing review time for
rezonings and subdivisions, and that this request accomplishes that goal.
Recommendation
By a vote of 7 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.
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Respectfully submitted, <::>
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Richard Schiltz, Chairperson C~1
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