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Minutes_Zoning Advisory Commission 04.05.23City of Dubuque City Council Meeting Consent Items # 01. Copyrighted April 17, 2023 ITEM TITLE: Minutes and Reports Submitted SUMMARY: Building Code Advisory and Appeals Board of 3/2/23; City Council Proceedings of 4/3/23; Resilient Community Advisory Commission of 4/6/23; Parks and Recreation Commission of 3/21/23; Zoning Board of Adjustment of 3/23/23; Zoning Advisory Commission of 04/05/23; Proof of Publication for City Council Proceedings of 3/20/23, 3/21/23, 3/22/23, and 3/23/23. SUGGESTED Suggested Disposition: Receive and File DISPOSITION: ATTACHMENTS: Description Type Building Code Advisory and Appeals Board of 3/2/23 Supporting Documentation City Council Proceedings of 4/3/23 Supporting Documentation Parks and Recreation Commission of 3/21/23 Supporting Documentation Resilient Community Advisory Commission of 4/6/23 Zoning Board of Adjustment of 3/23/23 Zoning Advisory Commission of 04-05-2023 Proof of Publication for City Council Proceedings of 3/20/23 Proof of Publication for City Council Proceedings of 3/21/23 Proof of Publication for City Council Proceedings of 3/22/23 Proof of Publication for City Council Proceedings of 3/23/23 Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation Dubuque THE CITYOF 10mig AlhAneriq Cld DiUjB- E 1111"► 2ow-20122013 Masterpiece on the Mississippi 2017*2019 MINUTES ZONING ADVISORY COMMISSION REGULAR SESSION 6:00 p.m. Wednesday, April 5, 2023 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: Wally Wernimont, Shena Moon, Travis Schrobilgen and Jason Duba CALL TO ORDER: The meeting was called to order by Chairperson Mulligan at 6:00 p.m. MINUTES: Motion by Norton, seconded by Christ, to approve the minutes of the March 1, 2023, meeting. Motion carried by the following vote: Aye — Christ, Norton, Russell, Sempf, and Mulligan; Nay — none; Abstain — Kemp and Zuccaro 1. ACTION ITEMS/WAIVER: Application of McKenzie Blau, O'Connor & Girls Club of Greater Dubuque to approve a simple subdivision with regulations to allow a 0' side yard setback where a minimum 3' side required in an OR -Office Residential zoning district. & Thomas/Boys a waiver of bulk yard setback is McKenzie Blau, 1000 Main St., and Craig Geiger, 137 N. Main St., represented the applicant. Ms. Blau noted that the Boy's and Girl's Club has been at this location for many years. She said the south property is 1257 Locust St., which the Boy's and Girl's Clubs owns and has used the building as administrative offices until recently. The offices have recently moved to the north property at 1299 Locust St., and they have a buyer committed to purchase 1257 Locust St. She said the properties are connected by an enclosed breezeway but access between the two would be blocked off. She concluded that they intend to reconfigure the property line to remove building encroachments and that they seek the waiver to allow 0' side yard setback where the breezeway is still connected. She also noted that there were utility and access easements included in the plat. Chairperson Mulligan asked if all relevant utility companies have been contacted about the easements. Craig Geiger, Origin Design, stated that they have worked with City and utility providers to create the easement and that they are all in alignment. Minutes — Zoning Advisory Commission Minutes April 5, 2023 Page 2 Staff Member Moon detailed the staff report. She outlined the request stating the applicants are seeking to reconfigure the property to sell the 1257 Locust Street property. She showed the existing and proposed configuration of the lots and noted the proposed plat is considered a simple subdivision per the Unified Development Code, but the proposed 0' lot line requires ZAC and City Council review. She concluded by stating that City Water, Engineering, and Inspection and Construction Services have reviewed and approved the proposed configuration. Motion by Russell, seconded by Zuccaro, to approve the subdivision plat with the waiver of the bulk regulations to a 0' side yard setback. Motion carried by the following vote: Aye — Christ, Kemp, Norton, Russell, Sempf, Zuccaro, and Mulligan; Nay — none. Commissioner Norton recused himself from action items 2, 3, and 4, and from the first public hearing item. 2. ACTION ITEMS/WAIVER: Application of Terry Koelker, Buesing & Associates, Inc. for the Final Plat of Valentine Place No. 4 located at 11429 Edval Road, PIN 1503127017 and 1503127014. Gary Valentine 11429 Edval Lane, owner of the property discussed the proposal. He said they wish to create a lot for his son to build a house to help on the farm, and that Lot 3 is the remainder of the lot cut off by SW Arterial. Staff Member Moon detailed the staff report. She noted the request is to reconfigure the existing property to create a new lot for residential development. She shared a diagram showing the existing and proposed configurations and noted that this subdivision qualifies as a minor subdivision per the Unified Development Code. She outlined the proposed lot configuration and stated that the applicant is working to get an access easement from Walser Lane to the proposed Lot 3 through an adjacent lot to the west. She noted the lot that the easement would go through is owned by the applicant. She said City departments have reviewed and approved the proposed configuration. Chairperson Mulligan asked for clarification regarding the Lot 3 access and Staff Member Moon clarified that the City does not like to approve lots without access which is why the access easement is required. Commission Russell sought to clarify who owns the lot on which the easement will be provided. Staff confirmed it is owned by Mr. Valentine Motion by Christ, seconded by Kemp, to approve the minor subdivision plat as submitted. Motion carried by the following vote: Aye — Christ, Kemp, Russell, Sempf, Zuccaro, and Mulligan; Nay — none. 3. ACTION ITEMS/WAIVER: Application of Terry Koelker, Buesing & Associates, Inc. to waive specific requirements of Chapter 13 for property located at 2175 Rosedale Avenue. Minutes — Zoning Advisory Commission Minutes April 5, 2023 Page 3 Tom Kelzer, 9565 Royal Wood Dr, Peosta, spoke in favor of the request. He stated the property is the former St. Anthony's school and a portion of parking lot was included in the purchase to meet the off-street parking space requirement. He noted they are seeking a waiver of buffer and island requirements. Chairperson Mulligan sought to understand how the project would be inhibited should the waiver not be approved. Mr. Kelzer said that the 7' landscape buffer would push parking stalls eastward which would impact the two-way drive aisle, forcing it to become a one- way aisle. Staff Member Schrobilgen detailed the staff report. He outlined the Unified Development Code design standards stating that the parking lot is legally nonconforming currently and that redevelopment of greater than 25 percent requires the parking lot to be brought into compliance with current code. He stated that the requirements to be waived included a 7' landscape buffer along the west property line and two landscaped endcap islands at the ends of the parking bays. He noted that the applicant was proposing to stripe and paint the endcap locations. Chairperson Mulligan discussed the project noting he has general issues with sidestepping required landscaping buffers and islands, but he doesn't see a solution for the drive aisle reduction. He asked staff if there was enough space to accommodate the buffer and whether that had been evaluated. Staff Member Schrobilgen stated that there appears to be some room to create a buffer if the entire parking lot was shifted to the east, however, it was not clear if there would not be enough room to accommodate the full 7' buffer requirement with a drive aisle and that a waiver of a portion of the buffer requirement would still be required. Commissioner Russell noted concern with the endcap islands not being landscaped and stated that if there's room for paint, there should be room for vegetation. Mr. Kelzer noted the alley and one-way entry from Rosedale created a tight space for navigation. He stated that it would allow for easier snow removal in winter and that it may be hard to maintain landscaping as they intend to pile the snow in those location. Motion by Kemp, seconded by Sempf, to approve waiving the requirements within Chapter 13 of the Unified Development Code specifically pertaining to landscape buffer yard and landscape island requirements as submitted. Motion carried by the following vote: Aye — Christ, Kemp, Sempf, Zuccaro, and Mulligan; Nay — Russell. 4. ACTION ITEMS/WAIVER: Application of Jeffrey Morton, Architect to waive specific requirements of Chapter 13 for property located at 2777 University Avenue. Jeff Morton, 163 Bradley St, spoke on behalf of the property owner. He said they are requesting a landscape buffer waiver along existing parking areas. He briefly discussed the project and the site plan, noting the history of development and the status of Minutes — Zoning Advisory Commission Minutes April 5, 2023 Page 4 surrounding properties. He said they are intending to increase the number of parking spaces to meet the off-street parking requirement required by city code. Commissioner Russel sought clarification on which structures were torn down and Mr. Morton identified that two buildings have been removed from the site. Commissioner Sempf asked whether the request is just for buffers or also for the landscape islands. Staff Member Moon noted that only the 7' and 10' buffers are a part of the waiver request. Staff Member Duba detailed the staff report. He discussed the project, noting the two demolished structures, the building addition, and expansion of parking triggered the requirements for property to be brought into compliance with current code requirements. He said the requirement of the landscape buffers are not met and they are seeking the waiver to meet the parking requirements for the development. Chairperson Mulligan noted that there is some greenspace on all sides of the parking lot and that neighboring properties have very little. Motion by Christ, seconded by Zuccaro, to approve waiving the requirements within Chapter 13 of the Unified Development Code specifically pertaining to landscape buffer yards as submitted. Motion carried by the following vote: Aye — Christ, Kemp, Russel, Sempf, Zuccaro, and Mulligan; Nay — none. Chairperson Mulligan recused himself from the first public hearing. 1. PUBLIC HEARING/REZONING: Application of James P. Gantz to rezone property located at Northwest Arterial, PIN 1010476002. Jim Gantz, 12241 Forest Meadow Dr, discussed the proposal to rezone the property in order to develop 152 residential housing units. He said the staff report indicates that his application is premature, but he said he has been working to try to get his development before the city since last September. He stated that he believes his project to be controversial because of the access needed to the property. He said his project would need a full access and interchange onto the NW Arterial in order for the project to work and that he has not received comment regarding whether a full signalized intersection would be allowed or not. He described the history of the property regarding the land purchase with the NW Arterial. He shared that the Switch Homes project, located directly to the south, has a right in and right out but that it was a secondary emergency access only. Mr. Gantz stated he believes it would make sense to create a full interchange given the potential future development in the area east of the Switch Homes project site. Therefore, he believes the access to his property and the Switch Homes property should align and be improved with a signalized intersection. Mr. Gantz stated that it has been difficult to get his project reviewed and that he made it clear that he needed full access, which he felt he had a legal right to. He said he has a patent the says he has `direct access'. Minutes — Zoning Advisory Commission Minutes April 5, 2023 Page 5 Mr. Gantz stated he also needs to determine the utility connections for his site, but couldn't get an answer from the city about sanitary sewer and that he thinks the City is delaying intentionally to avoid the access discussion. He said he submitted the rezoning application to get the City moving on the review. He also noted that he can't develop his property until Switch Homes utilities are installed, and their proposed NW Arterial access won't be sufficient for his and other potential development in the area. He said he was told the decision about access was up to City Council and that his project boils down to the City wanting either more housing units for the City or no additional full intersections along the NW Arterial. He reiterated that he wants to do his development, but the final improvements of Switch Homes would affect his proposal. Commissioner Sempf said he was excited to see more housing and asked why right -in, right -out access would not be sufficient for the project. Mr. Gantz said he only has access to the NW Arterial and does not have secondary access like Switch Homes does from Tiffany Court. He stated that he can only get access from the Northwest Arterial. He is seeking full access at station 73+00 or in -line with Switch Homes access to the west and would then need a secondary right -in right -out access to the east. Sempf noted that he recalled discussion during the Switch Homes project review pertaining to the need to not stop traffic along the Northwest Arterial along a hill and asked if the applicant was suggesting a fully signalized intersection. Mr. Gantz confirmed that yes, he would need a fully controlled intersection for his project and that he agreed the proposed location for Switch Homes' access has better sight and is flatter. Commissioner Sempf asked if access was possible from the north. Mr. Gantz noted that there is a significant topography change and that there is a large valley to the north. He concluded that he has the experience and the capacity to do this project and noted his other multi -family projects in the region as examples. Commissioner Kemp sought to clarify whether just one or two full intersections would be needed. Mr. Gantz clarified that one full access and one right -in, right -out, secondary emergency access would be needed. There was no public input. Staff Member Moon detailed the staff report. She stated the request was to rezone from AG to Planned Unit Development with a Planned Residential designation. She discussed the process for review and approval of a Planned Unit Development. She said a Conceptual development plan is required as part of the ordinance for a PUD rezoning and that the conceptual plan is reviewed by the development review team to identify potential significant challenges such as access and utilities. She said that Mr. Gantz was afforded a development review meeting for the project and that sanitary sewer and site access were brought up as items that would require additional research and evaluation before the city could provide clear direction to the developer. Staff Member Moon discussed the proposed conceptual plan, noting the number of units, number of off-street parking spaces, the proposed site access, an existing utility easement, and the site topography. She provided clarification regarding the total number Minutes — Zoning Advisory Commission Minutes April 5, 2023 Page 6 of parking spaces, which is 294. She reiterated that the Conceptual Plan Review is premature in that site access and sanitary sewer details are not yet confirmed. She stated that staff recommended tabling the project until the city has confirmed an approved site access location and the sanitary sewer capacity and connection location. She concluded that no public input was received prior to the meeting. Commissioner Russell discussed the proposal seeking clarification of the proposed main access at station 73+00 and if the intersection would allow left hand turns. Planning Services Manager Wally Wernimont stated that those questions are the crux of the discussion. He clarified that two of the proposed accesses are emergency right in, right out, and that main access shown on the conceptual plan is the location of station 73+00 and where Mr. Gantz is proposing a full intersection. He also said that sanitary sewer capacity and connection is also part of the discussion, and that Engineering is currently reviewing the request and that they will provide a letter to Mr. Gantz regarding those items. He stated that the city has reviewed the water connection and has confirmed that connectivity can be provided through the Switch Homes site. He clarified that the NW Arterial access for Switch Homes is not an emergency access and that it is a open right - in, right -out, access to the property. He said the city is in favor of housing and this development but needs to be able to provide safe access and adequate utility service, not just to this project, but to the area. Commissioner Sempf asked what the timeline is for Gantz if the item was tabled and asked if there was a need to have this decided at the current meeting. Planning Services Manager Wernimont noted that the item could be brought back as early as next month pending having clarification on the access and sanitary sewer. Commissioner Sempf asked Mr. Grantz if he was urgent to get his project back to the Commission for review. Mr. Gantz said that his only rush is that the Switch Homes project review will be going to the City Council soon, and he feels that the discussion around access should consider both projects. Commissioner Zuccaro said she could understand Mr. Gantz's frustration and asked if they could require a firm response date. Commissioner Kemp agreed with the sentiment and the request. Commissioner Christ noted that review is necessary, and she supports tabling until there are answers. Planning Services Manager Wally Wernimont noted that the project requires a lot of study and analysis and reiterated that the city wants housing developments, but that this is large PUD development which will have an impact on traffic and utilities and those items should be considered before moving forward. He said it is not the purview of the ZAC to require staff to provide a response by a specific date but that they could consider tabling the item to a specific future meeting. He noted that the City Council is aware of the project and concerns because Mr. Gantz discussed the proposal at the City Council meeting on Monday. Minutes — Zoning Advisory Commission Minutes April 5, 2023 Page 7 Motion by Christ, seconded by Sempf, to table the rezoning to a future meeting. Motion carried by the following vote: Aye — Christ, Kemp, Russell, Sempf and Zuccaro Nay — none. Commissioner Norton and Chairperson Mulligan returned to the meeting. 2. PUBLIC HEARING/REZONING: Application of John and Dianne Brehm to rezone property from County R-1 Single -Family Residential to City Planned Unit Development with PI Planned Industrial designation concurrently with annexation into the City of Dubuque. Shawn Hilborn, 17509 Alan Jackson Dr, Gronen, spoke on behalf of the project. He provided a background regarding Simmons development of the Flexsteel building in 2021. He stated that was a $60 million dollar redevelopment project and since that time Simmons has invested roughly $100 million into the site. He identified that they intended to employ 271 employees and have around 400 employees as of today. One part of the development agreement was to build a warehouse building within 5 years. They are now seeking to construct a 250,000 square foot warehouse on the subject property. He clarified that they are annexing approximately 2.8 acres into the city. He discussed traffic circulation between the main production facility to the proposed warehouse and from the proposed warehouse out to market. He shared a rendering of the warehouse and stated they are planning to construct a nice durable precast structural steel building. There was no public input. Staff Member Duba detailed the staff report noting the location of the subject property and stated the property is in the process of being annexed into the city. He said the 2.8 acre site will be consolidated with the property to the east which is already located within the Dubuque Industrial Center South PUD area. He stated the site would be accessed from Simmons Way and Seippel Road and that the proposed development is consistent with the Comprehensive Plan goal to attract large employment centers and allows for the expansion of the industrial park. He stated that utilities are adequate to serve the site and that the project will be required to obtain an approved site plan before development can begin on the site. Motion by Norton, seconded by Christ, to approve the rezoning as submitted. Motion carried by the following vote: Aye — Christ, Kemp, Norton, Russell, Sempf, Zuccaro, and Mulligan; Nay — none. 3. PUBLIC HEARING/REZONING: Application of Nate Runde and Tim Ertl to rezone property located at 1061 Cedar Cross Road, PIN 1034254001 from CS Commercial Service and Wholesale to C-3 General Commercial. Jennifer Clemons -Conlon, South Park Ct, spoke on behalf of the applicant. She said the applicant is the potential future owner, but the sale is contingent on being able to rezone Minutes — Zoning Advisory Commission Minutes April 5, 2023 Page 8 the property. She said the applicant is expecting either a car wash or coffee shop to be developed and requires the rezoning to have that flexibility. She said Cedar Cross is a commercial corridor with CS and C3 zoning districts throughout the area. She noted that the rezoning should not have a substantial impact on the neighborhood or traffic and addressed a concern from a neighbor about drainage, stating she was of the understanding that any development on the site would require site plan review by the city and would require to be in compliance with all city codes including stormwater and access. There was no public input. Staff Member Schrobilgen detailed the staff report. He said the applicant was seeking a rezoning from CS to C-3 and that C-3 allows 57 uses and CS allows 38. He said the proposed uses of a coffee drive-thru and carwash are permitted uses in the C-3 district. He said the lot does have shared access and that any development would require review from the Development Review Team. He noted that there was an email that was provided to the Commission in general opposition and that he received a phone call with a general inquiry from the adjacent property owner to the south. Chairperson Mulligan asked if it was more than one parcel. Planning Services Manager Wally Wernimont clarified that there are two adjacent vacant lots and said the rezoning would apply to one lot. He stated that two lots share access to reduce curb cuts and traffic conflicts with properties across the street. Motion by Kemp, seconded by Zuccaro, to approve the rezoning as submitted. Motion carried by the following vote: Aye — Christ, Kemp, Norton, Russell, Sempf, Zuccaro, and Mulligan; Nay — none. 4. PUBLIC HEARING/REZONING: Application of Affordable Housing Network Inc. to rezone property from C-4 Downtown Commercial to OR Office Residential at 900 Alta Vista Street. Steve Scurring, 7611 Winston, Cedar Rapids, spoke on behalf of the Affordable Housing Network, Inc. and Four Oaks Family and Children Services. He stated the Affordable Housing Network is in the process of purchasing the property from Loras College and the property purchase was contingent on the outcome of the rezoning. He said Loras previously used the property for classrooms and housing. He stated that if the acquisition occurs the intent is for Four Oaks Programing would move into the first floor quickly and then the upper floors would be converted into affordable housing. He said they are interested in the property because of its close proximity to the Alternative Learning Center, which some of their students and clients attend. He said they have 10 or fewer employees, have low traffic demands, and would combine multiple former dorm rooms into apartments, and that parking is adequate. He also said the church indicated they could lease parking or even add parking on the subject site. He said other representatives of Four Oaks, AHNI, and Loras were present. Minutes — Zoning Advisory Commission Minutes April 5, 2023 Page 9 Jim Gonyier, 1935 Oxford St, stated that he was not in opposition to the project but had two questions and one recommendation. He asked if the old pine trees were going to come down; he asked if the retaining wall would be tuckpointed and maintained, identifying that it is a unique wall; and he stated that the intersection of Alta Vista and University is dangerous and would be a great place for speed cameras and a pedestrian friendly intersection. Staff Member Schrobilgen detailed the staff report. He gave a brief history of the property and stated the request would allow offices and residential uses. He said the property historically had a second building which burned down in 2016. He stated the proposed use is not expected to increase traffic beyond the previous uses. He said any building or site plan would be reviewed and approved before any work takes place. He also stated that the site, zoned as office residential, would continue to act as a buffer from the commercial corridor to the west and residential uses to the east. He concluded by noting that he received an inquiry call that mentioned safety at the University and Alta Vista intersection. Motion by Zuccaro, seconded by Sempf, to approve the rezoning as submitted. Motion carried by the following vote: Aye — Christ, Kemp, Norton, Russell, Sempf, Zuccaro, and Mulligan; Nay — none. 5. PUBLIC HEARING/REZONING: Application of Scott Kwiecinski, Horizon Development to rezone property from C-4 Downtown Commercial to OR Office Residential. Scott Kwiecinski, 5201 E Terrace Dr, Madison, spoke on behalf of Horizon Development. He noted that Horizon Development is active in multi -family housing development, construction, and property management. They have completed multi -family developments in the region and within Dubuque, noting the Applewood and Roosevelt West developments. He said the project would entail a 30-unit affordable housing project and that they would be one-, two-, and three -bedroom unit types on all three floors of the building. He said he had an open neighborhood meeting and two residents attended who were generally inquisitive and did not oppose. He said they are proposing the shift from C-4 to OR in order to have residential properties on the first floor. There was no public input. Staff Member Duba detailed the staff report stating the rezoning from C-4 to OR is primarily to allow for residential uses on the first floor. He detailed the site layout, access onto the site from adjacent streets, and adjacent uses and zonings. He outlined the history of the project noting the many uses that have occupied the building. He stated the project is consistent with the Comprehensive Plan Goals as it will provide multi -family housing in an affordable area with access to goods and services within a walkable setting. Staff Member Duba highlighted that the project is consistent with the bulk development regulations within the OR zoning district except the front yard setback requirements and noted that this is consistent with development within the downtown area. Minutes — Zoning Advisory Commission Minutes April 5, 2023 Page 10 Chairperson Mulligan noted that ground floor retail is desired in the downtown but also understands that the proposed housing on the first floor is critical to making the project viable. Motion by Sempf, seconded by Zuccaro, to approve the rezoning as submitted. Motion carried by the following vote: Aye — Christ, Kemp, Norton, Russell, Sempf, Zuccaro, and Mulligan; Nay — none. 6. PUBLIC HEARING/TEXT AMENDMENT: Amend the Unified Development Code Section 16-11-7: Application Requirements and Review Process and 16-12-6: Off -Site Improvements regarding the evaluation of off -site impacts of subdivision and site plan developments. Staff Member Moon discussed the text amendment proposal and noted that the proposed text amendment would codify existing policies that are used by the city when it comes to site and subdivision development and related off -site impacts of those developments. There was no public input. Chairperson Mulligan said that as someone who develops in the city, his experience has been positive and that items arise through development that the developer and city have been able to work through. He said it would be beneficial to understand the implications of this proposal better and that he doesn't feel like he understands this request yet, would not be ready to support it now, but would support tabling it to allow time to better understand it. Commissioner Sempf asked if it makes sense to make this text amendment when there is a plan to rewrite the Unified Development Code in the near future and asked whether this should wait until then to look at the code holistically. Planning Services Manager Wally Wernimont replied that the UDC is a document that changes over time, and that there is an existing budget item available for the UDC update. He said we have policies currently but not an ordinance related to off -site impacts. This language would apply to both site development and subdivision requirements and would ultimately provide the power to deny site plan when appropriate. Chairperson Mulligan stated that he works in other communities and would like the opportunity to explore how other cities operate in this area with the end goal being that he doesn't want to create a hurdle for development. Mr. Wernimont said that he had contacted several other municipalities to research how they are operating with respect to evaluating off -site improvements. He stated that often development in the city falls under a development agreement or other city incentives and the proposed ordinance would not impact those processes. He provided some examples of where this process has occurred within the city in the past. He concluded that this ordinance codifies these practices, which were developed with the assistance of the City Attorney's Office. Mr. Wernimont asked Minutes — Zoning Advisory Commission Minutes April 5, 2023 Page 11 for direction from the Commission regarding how to proceed and sought to better understand what specific information is requested in the event the item was tabled. Commissioner Norton said he deals with these types of issues professionally and that the text seems vague. He said it doesn't say at what point in the process these requirements would apply so a developer can factor in costs. He said costs add up and can kill projects. He also said he understands it needs to be flexible with Dubuque's topography and historic development to find a middle ground but would appreciate more guidance. He thought things seem to be working now and agrees with Mr. Mulligan that it's premature and needs clarification and definitions. Mr. Wernimont explained how this could be used. Concluding the amendment ultimately gives the city the authority to require studies and that it is currently city policy and that, yes, the process is working now, but it needs to be codified in the event a developer challenges a requirement. Assistant City Attorney, Barry Lindahl said the city receives plans for developments that are going to necessitate significant public improvements and these improvements often have significant costs associated with them, for which the city does not have funds set aside. He stated that most of the time the city is able to work out an agreement with the developer regarding who is paying for or constructing the improvements. However, if the developer doesn't agree, the city has no authority to deny a site plan, so, the City could be stuck with unexpected expenses. This amendment provides the city the authority to require off -site improvements, requirements which are limited by Iowa and federal law, and to deny site plan or subdivision approval if a developer won't agree to fund those improvements to the extent permitted by Iowa and Federal law. He clarified that the amendment would also place limits on what the city can require from the developer. He concluded that this text amendment covers a gap in the city code. Commissioner Russell asked if the city had a fund to pay for improvements as part of development and if traffic studies are a developer's expense. Mr. Wernimont said the city does not have a funds set aside for improvements, but some items can be negotiated in Development Agreements through means such as a Tax Increment Financing (TIF) agreement. He also confirmed that traffic studies are at the developer's expense. Commissioner Norton helped to clarify the traffic study discussion and noted that he is shocked the city does not have this authority already. He asked if the city has just been lucky that a developer has not refused to pay for some of these improvements. Mr. Wernimont reiterated that the city does not intend to be or want to be a barrier to development, but said we need to ensure we have the capacity to handle a proposed development. Commissioners discussed the amendment noting the requirements they have delt with have been fair, but the amendment goes too far without seeing how it would impact different situations. They questioned the urgency of the amendment and whether it would apply to a vested interest. Mr. Lindahl noted that the risk of a developer refusing to pay Minutes — Zoning Advisory Commission Minutes April 5, 2023 Page 12 for improvements is a very real scenario that the city is in now, but the text amendment would not apply to vested interests and followed that it is a situation the city would like to avoid in the future. Motion by Sempf, seconded by Christ, to table the text amendment to the next regularly scheduled meeting. 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: Planning Services Manager Wally Wernimont invited the Commission to the Iowa State Extension Planning and Zoning Workshop at the JOTC on April 24, 2023 at 5:OOpm. ADJOURNMENT: Motion by Russell, seconded by Christ to adjourn the April 5, 2023, Commission meeting. Motion carried by the following vote: Aye — Christ, Kemp, Norton, Russell, Sempf, Zuccaro, and Mulligan; Nay — none. The meeting adjourned at 8:21 p.m. Respectfully submitted, Shena Moon, Associate Planner Adopted