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Minutes Zoning Adv 12 4 02PRESENT: ABSENT: MINUTES ZONING ADVISORY COMMISSION REGULAR SESSION Wednesday, December 4, 2002 6:30 p.m. Auditorium, Carnegie Stout Library 360 W. 11th Street, Dubuque, Iowa Chairperson Eugene Bird, Jr.; Commissioners Ron Smith, Stephen Hardie, Martha Christ, Jeff Stiles and Ben Roush; Staff Members Laura Carstens, Kyle Kdtz and Guy Hemenway. Commissioner Dick Schlitz. AFFIDAVIT OF COMPLIANCE: Staff presented an Affidavit of Compliance verifying that the meeting was being held in comptiance with the Iowa Open Meetings Law. MINUTES: The minutes of the November 6, 2002 meeting were unanimously approved as submitted. ACTION ITEI~PLAT OF SURVEY OF LOT 1 AND LOT 2 OF KOPP'S JFK ADDITION NO. 2: Application of Lyle F. Kopp for approval of the Plat of Survey of Lot 1 and Lot 2 of Kopp's JFK Addition No. 2 located at 1670 John F. Kennedy Road. The applicant was not in attendance. Staff Member Kritz stated Lot 1 plats the basement of the commercial building at 1670 John F. Kennedy Road, which is owned by Lyle Kopp. He said that Steve's Ace Hardware will be purchasing the basement of the building, and therefore, a replat to create a condominium is necessary. Motion by Stiles, seconded by Smith, to approve the plat waiving the lot frontage requirement. Motion was approved by the following vote: Aye - Smith, Hardie, Christ, Stiles, Roush and Bird; Nay - None. ACTION ITEI~PLAT OF SURVEY OF LOT '1-2 AND LOT 2-2 OF SHIPTON'S SECOND ADDITION: Application of David Hartig, Jr. for approval of the Plat of Survey of Lot 1-2 and Lot 2-2 of Shipton's Second Addition located on Rockdale Road. David Hartig, 1255 Southern Avenue, discussed his plat request with the Commission. He said that his neighbor, Mr. Stecher, wanted to swap property with him while maintaining an access to his lot. He stated that the new lot would be maintained as a forest preserve. He stated that he would agree to label the new lot "non-buildable?' Staff Member Kritz stated that the newly created lot would have no frontage and will remain as green space. Motion by Smith, seconded by Christ, to approve the plat with the condition that Lot 1 of 2 of Shipton's Addition be labeled non-buildable. Motion was approved by the following vote: Aye - Smith, Hardie, Christ, Stiles, Roush and Bird; Nay - None. Minutes - Zoning Advisory Commission December 4, 2002 Page 2 of 5 ACTION ITEM~PRELIMINARY PLAT OF CEDAR CREST SUBDIVISION: Application of Buesing & Associates/Dan Conrad for approval of the Preliminary Plat of Cedar Crest Subdivision located at 15547 Highway 20 West. Terry Kcelker, Buesing and Associates, stated that he represents Dan Conrad. He said Mr. Conrad would like to create a 33-1ot subdivision. He said that Mr. Conrad has spoken with the Iowa Department of Transportation regarding corddor preservation. He said that the Iowa Department of Transportation and Mr. Conrad have signed a letter of agreement. He outlined the provisions of the agreement stating that the various interchange scenarios may require elimination of some lots and reconfigurafion of the proposed streets. He said that some lots may not be sold for five years but that others may be sold after one year. He said that the plat will be able to accommodate any IDOT highway access design. Commissioner Hardie asked about the potential altered street configuration for the subdivision. Mr. Koelker said that the IDOT frontage road would be the main access to the subdivision and the street design will be built around it. Commissioner Smith asked if the subdivision will provide storm water detention. Mr. Koelker said that the erosion control plan was submitted to the DNR but there are no Iong-renge storm water detention plans. Commissioner Smith said that he is concerned that the storm water will enter the watershed and ultimately flood areas in Dubuque along the south fork of the Catfish Creek. Mr. Koelker said that there is potentially less runoff for a subdivision than there is a for the existing few crop. Commissioner Smith said that the new subdivision will create significant impervious area, including roofs, driveways and streets. Mr. Koelker stated that the silt detention area could be expanded to create a permanent detention pond. Mr. Koelker said that approximately 30 acres will drain northward toward the South Fork of the Catfish Creek. Commissioners discussed the storm water detention area and the platting Process. Motion by Smith, seconded by Hardie, to approve the preliminary plat with the condition that the final plat be submitted to the Zoning Advisory Commission with the storm water detention area indicated and the IDOT letter of agreement attached. Motion was approved by the following vote: Aye - Smith, Hardie, Christ, Stiles, Roush and Bird; Nay - None. PUBLIC HEARING~REZONING~JERRY & LISA GRAFF/JOHN & CAROl,, HEIDERSCHEIT: Application of Jerry & Lisa Graft/John & Carol Heiderscheit to rezone property located at 3001 N. Cascade Road from R-1 Single-Family Residential District to C-2 Neighborhood Shopping Center District. Lisa Graft, 3001 North Cascade Road, reviewed her proposal with the Commission. She said that she is requesting the rezoning to be able to locate a rental business on the property. She stated that their request represents an expansion of the existing C-2 district to the north. Tim Duggan, 1057 Bonnie Court, spoke in opposition to the request. He stated that he built his house four years ago and was aware of the diverse zoning across North Cascade Road. He stated that his concern is that the proposed rezoning would adversely impact the value of the residential properties on Bonnie Court that have frontage along North Minutes - Zoning Advisory Commission December 4, 2002 Page 3 of 5 Cascade Road. Mr. Duggan also expressed concern with potential traffic generated by commercial activity on North Cascade Road and the variety of uses permitted in a C-2 District. Ms_ Graft stated that she and her husband Jerry would be willing to accept conditions that would limit the amount of uses permitted on the property. She stated that conditions on the rezoning would make the pro. perry more compatible with surrounding properties. Staff Member Hemenway reviewed the surrounding land use and zoning. He noted that there is a single access along North Cascade Road serving the proposed commercial property and a single-family residence to the south. Commissioner Hardie said he feels that North Cascade Road serves as a buffer between mixed commercial zoning and the multi- and single-family residences to the east. He stated that this is a natural extension of the C-2 commercial district along North Cascade Road. Motion by Christ, seconded by Smith, to approve the rezoning as submitted. Motion was approved by the following vote: Aye- Smith, Hardie, Christ, Stiles, Roush and Bird; Nay- None. PUBLIC HEARING~REZONING~JAYWINGER/WINGER CONSTRUCTION: Application of Jay Winger/Winger Construction to rezone property located at the corner of Garfield Avenue and Stafford Street from R-2A Alternate Two-Family Residential District to R-3 Moderate Density Multi-Family Residential District. Mike Winger, representing Winger Construction, reviewed his request with the Commission. He stated that he wants to rezone two parcels from R-2A to R-3 to accommodate two three-unit structures. He stated that each three-unit building will have a basement apartment. Lyle Daughtee, 715 Garfield Avenue, stated that he and many of the neighbors in his area are opposed to this rezoning. John McCann, 722 Rhomberg, spoke in opposition to the request. He said that he feels the lots were not large enough to accommodate three-unit buildings and the requisite off- street parking. He also stated that the alley is deteriorated and wilt suffer from the increase in traffic. Chairperson Bird noted the receipt of letters from the North End Neighborhood Association and a petition in opposition to the rezoning with 46 signatures. Mike Winger stated that there will be enough space to park 12 vehicleson the lot. He said that there are very few cars parked along the street in this neighborhood. He indicated that the neighborhood is a mixed-use area, which includes commercial properties and multi-fatuity residences. He indicated that the proposed rezoning would only add two additional units to these lots. Minutes - Zoning Advisory Commission December 4, 2002 Page 4 of 5 Staff Member Hemenway reviewed the history of the request on the subject parcels. He noted that to permit a thrcc plax on each lot would require the Zoning Board of Adjustment to waive the lot area requirement outlined in the bulk standards of the Zoning Ordinance. He reviewed parking requirements, surrounding zoning and land use.. The Commission reviewed the land area requirements of the Zoning Ordinance for R-3 and R-2A Districts, Commissioners felt there was not adequate area to accommodate two three-ptexes with requisite parking and open space. Motion by Smith, seconded by Christ, to approve the rezoning as submitted. Motion was denied by the following vote: Aye - None; Nay - Smith, Hardie, Christ, Stiles, Roush and Bird. PUBLIC HEARING~REZONINGLARC DESIGN RESOURCES, INC./JMC GOLD MEDAL MEAT, INC. (TABLED): Application of ARC Design Resources, Inc./JMC Gold Medal Meat, Inc. (tabled) to rezone property located at 16th & Sycamore Streets from HI Heavy Industrial District to PUD Planned Unit Development with a Planned Commercial designation to allow a Wal-Mart Super Center. Staff Member Kritz stated that the traffic analysis study has not been thoroughly reviewed by the City Engineering Department. He said that he has scheduled a meeting with City Engineer to go over the traffic analysis. Joe Altenhoff, representing ARC Design Resources, asked Commissioners to schedule a special meeting due to time constraints. Commissioners discussed the potential for a special meeting and decided they could not accommodate Mr. AItenhoff's request. Mr, Altenhoff requested the Commission table WaI-Mart's request to rezone. Motion by Hardie, seconded by Smith, to table the rezoning at the applicant's request until the January 8, 2003 Zoning Advisory Commission meeting. Motion was approved by the following vote: Aye - Smith, Hardie, Christ, Stiles, Roush and Bird; Nay - None. ITEMS FROM COMMISSION: David Rusk introduced himself to the Zoning Advisory Commission and stated that he is speaking on behalf of the Long Range Planning Advisory Commission. He asked that the Zoning Advisory Commission support the proposed budget expenditure for an additional planner and the Zoning Ordinance re-write. He said that there is a request for $70,000 for an additional planner and $130,000 for the Zoning Ordinance re-write. Mr. Rusk stated that the Long Range Planning Advisory Commission feels strongly that the Zoning Ordinance must be rewritten so as to reinforce the Comprehensive and Land Use Plans. He asked that the Zoning Advisory Commission author a letter of support for both initiatives regarding the assistant planner position and the Zoning Ordinance re-write. He said that the letter should be available for the budget hearing in February. Chairperson Bird asked that the Commissioners review the materials provided by Mr. Rusk and be prepared to discuss and provide a recommendation at the January 8, 2003 Zoning - Advisory Commission meeting. Minutes - Zoning Advisory Commission December 4, 2002 Page 5 of 5 ADJOURNMENT: The meeting adjourned at 8:00 p.m. Kyle L. Kritz, Associate Planner Adopted