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Minutes, Zoning 4 4 01 MINUTES ZONING ADVISORY COMMISSION REGULAR SESSZON Wednesday, April 4, 2001 6:30 p.m. Auditorium, Carnegie Stout Ubrary 360 W. 11th Street, Dubuque, Iowa DF FT PRESENT: Chairperson Eugene Bird, .]r.; Commissioners Ron Smith, Stephen Hardie, .]eft Stiles, Dick Schiltz, and Bob Nagle; Staff Hembers Guy Hemenway and Kyle Kdtz. Commissioner Martha Christ. CALL TO ORDER: The meeting was called to order at 6:30 p.m. AFF~DAVI*T OF COHPL/ANCE: Staff presented an Affidavit of Compliance verifying that the meeting was being held in compliance with the towa Open Heetings Law. MINUTES: The minutes of the March 7, 2001 meeting were approved unanimously as submitted. ACTION 1TEM\FXNAL PLAT\CARROLL: Application of Carole M. Carroll Estate/Peggy Otting to review the final plat of Carroll Subdivision in Dubuque County located at 11057 John F. Kennedy Road. Peggy Otting, 10575 .lohn F. Kennedy Road, said that she wanted to subdivide her mother's estate and retain a house and barn on a separate lot. Staff Member Kritz discussed the joint review for a subdivision within a two-mile fringe area, and stated that staff recommended approval of the plat. Motion by Hardie, seconded by Stiles, to approve the plat as submitted. The motion was approved by the following vote: Aye - Smith, Hardie, Stiles, Schlitz, Nagle and Bird; Nay- None. ACT/ON 1TEM\PRELTMINARY PLAT\ STEWART: Application of Wayne & Lynn Stewart to review the preliminary plat of Pinto Ridge Subdivision in Dubuque County located at the southwest comer of Old Highway Road and Seippel Road. ~ Staff presented the Commission with a letter from the applicant asking to table their request. Motion by Hardie, seconded by Nagle, to table the applicant's request to the Hay 2"~ meeting. The motion was approved by the foliowing vote: Aye - Smith, Hardie, Stiles, Schlitz, Nagle and Bird; Nay - None. Minutes - Zoning Advisory Commission April 4, 2001 Page 2 ACI/ON TrEM\PREL~M]~NARY PLAT\ KIVLAHAN: Application of Kivlahan Farms L.C. for rev'~w of the preliminary plat for Arbor Estates (formerly Kivlahan Farms) located at the northeast comer of 3ohn F. Kennedy Road and West 32"~ Street. John Kivlahan, 4922 Wildflower Ddve, discussed the proposed plat and previous rezoning for his property. He stated that he eliminated the street connection to Barony Woods because of potential neighborhood opposition. Staff Member Kfitz discussed the plat configuration, the future extension of the Northwest Arterial, and the 32nd Street and Arboretum Drive relocation. Staff Member Kritz stated that the Arrowwood connection to Barony Woods was eliminated because of severe topography and because it would create a city street in the county. He also discussed the land use of surrounding property, lift station locations, detention basin locations, and vehicular access to the area. He stated that the city plans to build a new water tower by the soccer complex, which will improve water service in this area. He stated that a portion of Mr. I~vlahen's subdivision would have lots with double frontages. He stated that Mr. Kivlahan is asking the Zoning Advisory Commission to approve the through lots on Arboretum Drive and W. 32"a Street. Commissioner Smith asked about the ddveway access from the through lots to Arboretum Drive. Staff Member Kritz said that there is no ordinance prohibiting such access. Commissioners discussed the tree landscape buffer along the north side of Arboretum Drive. Commissioner Hardie discussed the 32"~ Street access to Kennedy Road and asked if this would be signalized. Staff Member 161tz said that there were no plans in the immediate futura to signalize it, but after further development, that may become necessary. The Commissioners discussed traffic generated from the soccer complex. Mr. ICdvlahan said that the large vacant lot to the west of the existing subdivision may be rezoned in the future for an eldercare facility. Chairperson Bird asked if sidewalks would be provided throughout. Commissioner Hardie said that sidewalks am indicated on both sides of the streets on the site diagram. Commissioner Hardie had concerns about the double frontage lots on Arboretum Drive and stated that access should be limited to Arrowwood Lane. He asked also that trees be placed on lots i through 6, which abut the commercial property. Mr. I~vlahan stated that he wanted access from the rear of the lots because of the topography, which he said is conducive to walkouts and basement garages. Commissioners discussed access from Arboretum Drive to the rear of the lots. Commissioner Hardie said that multiple curb cuts at this location are bad for the neighborhood. Staff Member Kritz stated that C~y Engineering staff reviewed Arboretum Drive and will consider removing parking on one side es traffic develops. Commissioner Nagle proposed eliminating the curb cuts on Lots I through 6. Commissioner Schlitz said that he felt the curb cuts would not have an adverse impact on traffic in this area, and that he trusted City Engineering to resolve traffic issues. Minutes - Zoning Advisory Commission Apdl 4, 2001 Page 3 Motion by Hardie, seconded by Nagle, to approve the preliminary plat with the conditions that: 1) Lots I through 14 Block 4 have no access to W. 32"~ Street and Arboretum Drive; and 2) that trees be extended along the entire length of Lots I through 14 on the north side of Arboretum Drive. The motion failed by the following vote: Aye - Hardie and Stiles, Nay - Smith, Schiitz, Nagle and Bird Motion by Schlitz, seconded by Smith to approve the preliminary plat, waiving the double lot frontage prohibition for Lots I through 14 Block 4 and requiring sidewalks to be installed as per the preliminary plat, with a friendly amendment by Hardie that the tree landscape buffer be extended on the south side of Lots I through 6 Block 4. Motion was approved by the following vote: Aye- Smith, Hardie, Schiltz, Nacjle and Bird; Nay- Stiles. ACT/ON I'TEM\PLAT OF SURVEY~EDWARDS: Application of Jim Edwards for review of the Plat of Survey of Lot I of 5 and Lot 2 of 5 of Patricia Ann Acres Subdivision No. 2 located on Edwards Road, Bob Edwards, 1564 Geraldine Drive, said that he represents his father, 3im Edwards, and that they are undertaking estate planning and wanted to add property to their corporation. Staff Member Kritz stated that the two new lots will lack the required 60 feet of frontage and are therefore substandard and must be approved by the Commission. Staff Nember Kritz described the lot configuration and recommended approval. Notion by Schiltz, seconded by Stiles, to approve the plat waiving the lot frontage requirement, The motion was approved by the following vote: Aye- Smith, Hardie, Stiles, Schiilz, Nagle and Bird; Nay - None. PUBLIC HEAR;~NG\TEXT AMENDMENT \ CITY OF DUBUQUE: Application of the City of Dubuque (tabled) to amend Section 2-8 Fence~of the Zoning Ordinance to allow higher fences on double frontage lots. Staff asked the Commission to table this amendment until the next regular meeting. Motion by Hardie, seconded by Nagle, to table the text amendment request. The motion was approved by the following vote: Aye- Smith, Hardie, Stiles, Schiltz, Nagle and Bird;. Nay- None. ~. PUBI-ZC HEARZNG\ TEXT AMENDMENT \ CITY OF DUBUQUE: Application of the Oty of Dubuque to amend Section 4-3.11 of the Zoning Ordinance to establish a minimum spacing of 750 feet between any two off-premise sign structures located along federal aid primary highways and a minimum of 500 feet between any two off-premise sign structures located along any other highway or street within the City. Chairperson Bird excused himself due to conflict of interest. Vice Chairperson Schlitz noted that the Zoning Advisory Commission received correspondence from Bressler Outdoor Advertising and asked that it be entered into the record. Staff Member Hemenway Minutes - Zoning Advisory Commission Apdl 4, 2001 Page 4 reviewed the proposed amendment to the sign regulations and reviewed the process that had been followed to date, including Lamar Advertising's original application. Staff Member Hemenway reviewed the language modification recommended by the City's corporate counsel and Bressler's attorney. He reviewed Bressler's letter, and noted the change in the number of non-conforming billboards with the proposed text amendment. Eugene Bird, 3r., 2355 Carter Road, spoke in support of a blanket 500-foot spacing requirement throughout the city. He requested staff review with the Commission the areas in the community where billboards would not be permitted with the 750-foot rule. 3im Schumacher, Lamar Advertising, spoke regarding his odginal application for a blanket 750- foot spadng. Mr. Schumacher stated that Bressler's letter was receNed very late in the process and that the-language they proposed did not help clarify the proposed amendment. Mr. Schumacher stated that Lamar is in support of the proposed amendment for 750 feet on federal aid primary highways and 500 feet on all other City streets. The Commission discussed the ramifications of the proposed language changes, and the difference between regulating sign faces and sign structures. The Commission also reviewed how the proposed amendment would be applied in the field. Motion by Smith, seconded by Stiles, to approve the amended language as follows: '~he minimum spacing between any two off-premise sign structures, which are Iocat~l on eilfler side of a federal-aid primary highway(s) and oriented toward said highway(s), will be no less than 750 feet, and the minimum sparing between any two off-premise sign structures which are located on either side of all other C~y street(s), and oriented toward said City street(s) will be no less than 500 feet. A lineal measurement perpendicular to the center line of the roadway(s) will apply to determine required distance, and is taken from the nearest point of each structure." W'~h the indusion of the diagram (Exhibit A) indicating spacing measurements. The motion was approved by the following vote: Aye - Smith, Hardie, Stiles, Schlitz, Nagle; Nay - None Abstain - Bird. Bob Nagle left at 7:55 p.m. ZTEbtS FRObt PUBLZC: Randy Klauer, Klauer Construction Company, reviewed his proposed replat of lots along Pinard Street. Mr. Klauer indicated that the existing lots are substandard in termsof lot area and he plans to relocate property lines to enable him to construct a duplex on one of the lots. The Commission discussed relocating the property line between Lots 142 and 143 to enable Lot 143 to be expanded and parking to be provided on Lot 143. Ken Buesing, Buesing and Assodetes, asked the Commission to consider an alternative mechanism to undertake lot consolidation without a formal land survey. He asked if an abstract could be the mechanism used to tie two lots together versus requiring a survey. He stated that a City board or commission could review the request similar to what is currently done by the Zoning Advisory Commission applications. Minutes - Zoning Advisory Commission April 4, 2001 Page 5 Commissioner Schiltz stated that this may fly in the face of [owa StabJto~/Law, which requires lot consolidation. Staff Member Kritz discussed the City's right of police power regarding access to private abstracts. Mr. Buesing stated that the Zoning Ordinance could be amended to allow the abstract language. City staff stat~J they would check with C"~y legal staff regarding use of abstracts or deed restrictions to tie t'wp lots together. AD.1OURNHENT: The meeting adjourned at 8:45 p.m. Guy Hemenway, Associate Planner Preoared by: Michael A. Koch, Public Works Director Address: 50 W. 13m Sffeet. Dubu~3ue. IA 52001-4864 RESOLUTION NO 150--00 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 14m day of Mamh, 2001, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Sanitary Sewer Reconstruction - Alley between Rhomberg and Garfield, from Dock to Fengler. Whereas, notice of headng on plans, specifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. Passed, adopted and approved this 16th day of Apri 1 ,2001. fl'eh'a ce M. D6gga aYor Attest: ~feanne F. Schneider, City Clerk