Minutes_Zoning Advisory Commission 11.02.22Copyrighted
November 7, 2022
City of Dubuque Consent Items # 01.
City Council Meeting
ITEM TITLE: Minutes and Reports Submitted
SUMMARY: Civil Service Commission of 10/21/22; City Council Proceedings of
10/17/22; Five Flags Civic Center Advisory Commission of 8/29/22;
Historic Preservation Commission of 10/20/22; Library Board of
Trustees of 4/28/22, 5/26/22, 6/23/22, 7/28/22, 8/24/22, and 8/25/22;
Library Board of Trustees Update of 10/27/22; Long Range Planning
Advisory Commission of 10/19/22; Zoning Advisory Commission of
11/2/22; Proof of Publication for City Council Proceedings of 10/3/22
and 10/17/22.
SUGGESTED Suggested Disposition: Receive and File
DISPOSITION:
ATTACHMENTS:
Description Type
City Council Proceedings of 10/17/22 Supporting Documentation
Civil Service Commission Minutes of 10/21/22 Supporting Documentation
Five Flags Civic Center Commission Minutes of Supporting Documentation
8/29/22
Historic Preservation Commission Minutes of 10/20/22 Supporting Documentation
Library Board of Trustees Minutes of 4/28/22 Supporting Documentation
Library Board of Trustees Minutes of 5/26/22
Library Board of Trustees Minutes of 6/23/22
Library Board of Trustees Minutes of 7/28/22
Library Board of Trustees Minutes of 8/24/22
Library Board of Trustees Minutes of 8/25/22
Library Board of Trustees Update of 10/27/22
Long Range Planning Advisory Commission Minutes of
10/ 19/22
Zoning Advisory Commission Minutes of 11/2/22
Proof of Publication for City Council Proceedings of
10/03/22
Proof of Publication for City Council Proceedings of
10/17/22
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Dubuque
THE CITY OF 10mig
III-AmNo CAy
DUB E 'I��I'
200 /+20122013
Masterpiece on the Mississippi 2017*20I9
MINUTES
ZONING ADVISORY COMMISSION
REGULAR SESSION
6:00 p.m.
Wednesday, November 2, 2022
City Council Chambers, Historic Federal Building
Commissioners Present: Chairperson Matt Mulligan; Commission Members Martha
Christ, Becky Kemp, Pat Norton, Rich Russell, Ryan Sempf and Teri Zuccaro
Commissioners Excused: None
Commissioners Unexcused: None.
Staff Members Present: Shena Moon, Travis Schrobilgen and Matt O'Brien
CALL TO ORDER: The meeting was called to order by Chairperson Mulligan at 6:00
p.m.
MINUTES: Motion by Zuccaro, seconded by Christ, to approve the minutes of the
October 5, 2022 meeting. Motion carried by the following vote: Aye — Christ, Kemp,
Norton, Russell, Sempf, and Zuccaro; Nay — none; Abstain — Mulligan.
Chairperson Mulligan recused himself for the review of the Preliminary Plat of Mozena
Farms.
ACTION ITEM/PRELIMINARY PLAT: Application of Axiom Consultants, LLC to approve
the Preliminary Plat of Mozena Farms.
Vice Chair Russell stated there will be a 15-minute public comment period to allow for
questions and answers of the applicant, staff and the Commission with an additional 5-
minute period for any follow-up questions.
Matt Mulligan, 1167 Hunters Ridge, spoke on behalf of Switch Homes. He provided
summary of the plat layout and the recent history of the property having undergone a
rezoning review. He stated that the City Council conditionally approved the rezoning by
requiring a traffic study be completed. He stated the traffic study is completed and
approved by City Engineering. He read into the record a paragraph from the executive
summary which specifically pertained to the capacity of Tiffany Court to accommodate
the increased number of vehicle trips. He stated the project originally included 105 homes
and after they shifted the entry point to the west, four lots were lost to the development of
acceleration and deceleration lanes on NW Arterial.
Minutes — Zoning Advisory Commission Minutes
November 2, 2022 Page 2
Commissioner Norton asked which phase the right-in/right-out on the Northwest Arterial
would be constructed. Mr. Mulligan stated it will be included in phase one which will
include the lots along the north side of the development. He stated that everything to the
south of the retention ponds will be phase 2.
Staff Member Moon detailed the staff report, noting the submitted Plat of Survey of
Mozena Farms. Moon provided history of project outlining the rezoning approval which
included a condition requiring a traffic study be completed. She stated that a traffic was
completed and has been reviewed and accepted by the City's Engineering Department.
She noted that the task before the Commission was to verify that the Preliminary Plat
meets City Code and the goals of the Comprehensive Plan. She detailed that staff had
received letters requesting to speak on the item and she also read a letter from Eric Lucy,
2736 Tiffany Court into the record per his request, which outlined his concern that
potential future adjacent development was not considered in the Traffic Impact Study.
Vice Chair Russell opened public input.
Chad Cox, 2724 Tiffany Court, spoke in opposition highlighting his concerns regarding
the traffic impact the proposed preliminary plat and development would have on Tiffany
Court. He noted the traffic study shows that three quarters of traffic from the Mozena
Farms development will funnel onto Tiffany Court thereby resulting in an additional 800
vehicle trips on the street daily. He requested the plat not to be approved unless better
access is provided along the NW Arterial and 32nd Street.
Jim Gantz, 12241 Forest Meadow Drive, spoke in opposition. Mr. Gantz stated that he
owns 43-acres directly north of development across the NW Arterial. He desires to
develop this land for multi -family housing between 100 — 300 housing units. He said he
has an IDOT access patent stating he has the rights to full access on the NW Arterial and
is concerned that Switch Homes may adversely affect his property's future housing
development and access to NW Arterial.
Vice Chair Russell responded to Mr. Cox's and Gantz's comments on access. He noted
that the W. 32nd option was pursued by the developer but was not approved by the
Engineering Department due to safety concerns. He also noted that a fully lighted
intersection was also not approved by Engineering and that the traffic study did address
development of JFK and the Arterial but not because of this application. He said the City
requires a lighted intersection at the West 32nd and JFK intersection despite not being a
recommendation in the traffic study.
In an effort to address some of the comments made by the public, Staff Member Moon
affirmed that Tiffany Court is currently a quiet place and respects property owners wanting
to maintain their neighborhood, however, the Traffic Impact Study does indicate that
Tiffany Court is designed to and can accommodate the increased trips as a result of the
proposed development. She also stated as a point of clarification, that Traffic Impact
Studies do not generally take into consideration adjacent future development and cannot
consider development for which there is not a submitted plan for. Rather the Traffic
Minutes — Zoning Advisory Commission Minutes
November 2, 2022 Page 3
Impact Study is intended to consider the impacts of the proposed development
specifically.
Commissioner Sempf asked for clarification from Staff on why there is no planned
signalized intersection on NW Arterial. Staff member Moon stated that the decision is
made in the Engineering Department, but she believes the primary factor is to maintain
the arterial as an arterial with increased speed and capacity. Sempf also asked staff to
confirm that no access would be allowed onto W 32nd St. and Moon stated that the
Engineering Department determined that access would not meet Statewide Urban Design
and Specifications requirements.
Commissioner Norton stated that the developer conducts a traffic study for their
development, and adjacent future development would add on to the then existing study.
He stated that projecting future development could negatively affect the validity of this
traffic study. e stated he believes that the traffic study reviewed and approved by the City
is extremely valuable. He confirmed, as one of the engineers that designed Tiffany Court,
that it was originally designed to be extended to the east.
Motion by Sempf, seconded by Kemp, to approve the Preliminary Plat of Mozena Farms
as submitted. Motion carried by the following vote: Aye — Christ, Kemp, Norton, Russell,
Sempf, and Zuccaro; Nay — none.
Chairperson Mulligan rejoined the Commission.
PUBLIC HEARING/REZONING: Application of Bob Felderman to rezone property
located at 1660/1670 Asbury Road.
Bob Felderman spoke on behalf of property owner Dusty Roger's Realty, LLC. He the
request is to rezone to Office Commercial to permit residential on the first floor and that
he had tenants waiting to fill them. He believes the surrounding neighborhood is mixed
use.
Staff Member Schrobilgen detailed the staff report. He stated that both properties were
originally developed as residential dwellings but were zoned business/commercial as
early as 1934. Both properties were rezoned to Office Residential over time and were
finally zoned C-2 in 1990 and 1998. He noted that the neighborhood is currently and
historically mixed -use and that there is a platted alley with trees and a 15' grade change
that separate the residential uses to the east from the commercial corridor. He also stated
that the O-C and C-2 zoning districts have similar uses and intensity and the impacts of
the rezoning of the property should be negligible. He noted that no public input was
received.
Commissioners did not have questions or comments.
There was no input from the public.
Minutes — Zoning Advisory Commission Minutes
November 2, 2022
Page 4
Motion by Russell, seconded by Kemp, to approve rezoning of 1660/1670 Asbury Road
as submitted. Motion carried by the following vote: Aye — Christ, Kemp, Norton, Russell,
Sempf, Zuccaro, and Mulligan; Nay — none.
ITEMS FROM PUBLIC: None
ITEMS FROM COMMISSION: None
ITEMS FROM STAFF: Staff Member Moon introduced new Planning Technician, Matt
O'Brien to the Commission.
ADJOURNMENT: Motion by Russell, seconded by Zuccaro to adjourn the November 2,
2022 Commission meeting. Motion carried by the following vote: Aye — Christ, Kemp,
Norton, Russell, Sempf, Zuccaro, and Mulligan; Nay — none.
The meeting adjourned at 6:52 p.m.
Respectfully submitted,
Shena Moon, Associate Planner
Adopted