Minutes_Zoning Advisory Commission_Unapproved 05.01.24 Copyrighted
May 20, 2024
City of Dubuque Consent Items # 01.
City Council Meeting
ITEM TITLE: Minutes and Reports Submitted
SUM MARY: Airport Commission of March 26, 2024; Arts & Cultural Affairs of March
26, 2024; City Council Proceedings of May 6 and 13, 2024; Civil Service
Commission of April 10, 2024; Community Development Advisory
Commission of March 20, 2024; Zoning Advisory Commission
Unapproved Minutes of May 1, 2024; Proof of Publication for City
Council Amended Proceedings of April 15 and 22, 2024; Proof of
Publication for City Council Amended Proceedings of April 4 and 15,
2024.
SUGGESTED Suggested Disposition: Receive and File
DISPOSITION:
ATTACHMENTS:
Description Type
Airport Commission Minutes Supporting Documentation
Community Development Advisory Commission Minutes Supporting Documentation
Proof of Publication for City Council Proceedings of Supporting Documentation
4/15/24
Proof of Publication for City Council Proceedings of Supporting Documentation
4/22/24
Proof of Publication for City Council Amended Supporting Documentation
Proceedings 4.4.24
Proof of Publication for City Council Amended Supporting Documentation
Proceedings 4.15.24
Civil Service Commission Minutes Supporting Documentation
Zoning Advisory Commission Unapproved Minutes Supporting Documentation
Arts & Cultural Affairs Minutes Supporting Documentation
City Council Proceedings 5/6/24 Supporting Documentation
City Council Proceedings 5/13/24 Supporting Documentation
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MINUTES
ZONING ADVISORY COMMISSION
REGULAR SESSION
6:00 p.m.
Wednesday, May 1, 2024
City Council Chambers, Historic Federal Building
Commissioners Present: Chairperson Matt Mulligan; Commission Members Martha
Christ, Carrie Lohrmann, Pat Norton (attending virtually), Rich Russell, and Teri Zuccaro
Commissioners Excused: None.
Commissioners Unexcused: None.
Staff Members Present: Shena Moon, Travis Schrobilgen, and Jason Duba
CALL TO ORDER: The meeting was called to order by Chairperson Mulligan at 6:04
p.m.
MINUTES: Motion by Zuccaro, seconded by Russell, to approve the minutes of the April
3, 2024 meeting. Motion carried by the following vote: Aye—Lohrmann, Russell, Zuccaro,
and Mulligan; Nay — none; Abstain — Christ and Norton.
ACTION ITEMS/WAIVER: Application of Jordan Pape to waive Site Design Standards
within Chapter 13 of the Unified Development Code for property located at 1080 East 12tn
Street.
Jordan Pape, Vice President of Assets, Tucker Trucking, 1080 East 12t" Street, spoke on
behalf of the application. He described the work at the site in the context of the company's
growth. He explained the vegetation planted for screening is in the right-of-way, and the
Engineering Department has agreed to provide them with a revocable license to leave
them there, but they need approval from the Commission. He stated that the shrubs they
planted as part of their requirement died, so they were replanted, but he requests a waiver
from that requirement so they don't have to be replanted again if they die. He explained
that they paved more of the site than they were approved, taking the permeable area
down from 20% to 17%, and they would like to keep it that way. Mr. Pape stated that
Tucker is a growing business, and this site is useful for their growth.
Commissioner Russell asked where the shrubs were supposed to be planted, and Mr.
Pape indicated the green areas on the site map and said some have been relocated to
the exterior and now are considered screening.
Minutes — Zoning Advisory Commission Minutes
May 1, 2024 Page 2
Staff Member Schrobilgen detailed the staff report. He noted this project started in 2021
and was approved in 2022. He explained that upon inspection, the site did not appear to
be consistent with neither the approved plans or the previously granted site design
waivers. He noted that vegetative screening is a separate requirement from the on-site
shrub requirement. He said that the site plan approval process does allow for minor
alterations to previous approvals, but these changes were too significant and required
review by the Commission. He outlined the Unified Development Code design standards
stating the requirements and the applicant's proposal for each. He noted that the site is
below the permeable area requirement by about 2,100 square feet but would continue to
manage stormwater the same way. He stated the Engineering Department was amenable
to allowing a revocable license for screening and irrigation lines within the right-of-way.
Chairperson Mulligan detailed the previous waivers and the tree and shrub requirement.
He stated that shrubs have been planted as screening. Staff Member Schrobilgen noted
that by code, screening shrubs do not count as site shrubs.
Chairperson Mulligan asked about the impermeable area, and Staff Member Schrobilgen
indicated on the site plan the areas that were paved that were originally permeable area.
Chairperson Mulligan expressed that this is a growing company, and they took the time
to make this request.
Commissioner Russell expressed that 2100 sq. ft. on this site is a small difference in
permeable area and isn't significant, and that an applicant should be able to double count
screening shrubs as site shrubs.
Motion by Christ, seconded by Zuccaro, to approve the request to waive the requirements
of Chapter 13 of the Unified Development Code, specifically Section 13-4.4E Site
Landscaping and Section 13-4.10 Exterior Storage in Nonresidential Districts, subject to
the following conditions:
1. That the applicant be issued a revocable license from the Engineering Department
for the related encroachments into the city right-of-way; and
2. That in the event that the revocable license is revoked or otherwise made null
and/or void, screening shall be installed on-site per the UDC requirements.
Motion carried by the following vote: Aye — Christ, Lohrmann, Norton, Russell, Zuccaro,
and Mulligan; Nay — none.
Commissioner Norton recused himself from the following two items.
ACTION ITEMS/WAIVER: Application of Jordan Rettenmaier to waive Site Design
Standards within Chapter 13 of the Unified Development Code for property located at
1100 Lincoln Avenue.
Justin Lau, Buesing &Associates, 1212 Locust Street, spoke on behalf of the application.
He explained that they are seeking to waive the parking lot side buffer requirement for the
development of the proposed four-plex. He explained there is an existing apartment on
Minutes — Zoning Advisory Commission Minutes
May 1, 2024 Page 3
the south lot. He noted that the development would be compliant with other code
requirements.
Staff Member Duba detailed the staff report. He outlined the Unified Development Code
design standards stating the applicant is seeking to waive the 7' parking lot landscaped
buffer requirement on both sides of the proposed parking area. He noted that this would
allow for the code-required six parking stalls (1.5 per unit). If denied, the applicant would
need to reconfigure the parking arrangement or seek a parking variance for fewer spaces.
He noted that all other site design standards will be met.
Chairperson Mulligan agreed with this request and expressed that this area would be
suitable for reduced parking requirements in order to foster development, such as with
the recent removal of off-street parking requirements for historic districts.
Motion by Lohrmann, seconded by Russell, to approve waiving specific requirements of
Chapter 13 of the Unified Development Code, specifically Section 13-4.6(B) Parking Lot
Landscaping, as submitted. Motion carried by the following vote: Aye—Christ, Lohrmann,
Russell, Zuccaro, and Mulligan; Nay — none.
PUBLIC HEARING/REZONING: Application of Jordan Rettenmaier to rezone property
located at 1100 Lincoln Avenue from R-2A Alternate Two-Family Residential and C-1
Neighborhood Shopping Center to R-3 Moderate Density Multi-Family Residential.
Justin Lau, Buesing &Associates, 1212 Locust Street, spoke on behalf of the application.
He stated they are requesting to rezone half of the lot from R-2A to R-3 for a proposed
four-plex.
There was no public input.
Staff Member Duba detailed the staff report. He explained the characteristics of the
subject property and the proposed subdivision of the lot, leaving the existing apartment
on Lot 2 and the proposed four-plex on Lot 1. Lot 2 would remain C-1, and Lot 1 would
be rezoned from R-2A to R-3. He noted the number of uses in the zoning districts and
explained that the primary difference is that R-3 zones allow up to a six-plex, though this
lot's size would only allow a four-plex. He explained that being currently zoned as R-2A,
and if subdivided into 25' lots, the property size would allow two additional duplexes to be
built here without a rezoning. He described the Point Neighborhood as mixed use and
mixed residential with a variety of densities and expressed that this rezoning would not
seem out of character. He noted that the development would meet all bulk regulations,
including parking with the approval of the site design waiver. He noted that this type of
development is in keeping with the recommendations of the Comprehensive Plan.
Commissioners had no questions or concerns.
Minutes — Zoning Advisory Commission Minutes
May 1, 2024 Page 4
Motion by Russell, seconded by Lohrmann, to approve the rezoning as submitted. Motion
carried by the following vote: Aye — Christ, Lohrmann, Russell, Zuccaro, and Mulligan;
Nay — none.
Commissioner Norton returned to the meeting.
PUBLIC HEARING/REZONING: Application of Richard Biechler to rezone property
located at 5501 Old Highway Road from Planned Unit Development with PR-Planned
Residential designation to C-3 General Commercial.
Richard Biechler, 17333 Humke Road, spoke on behalf of the application. He stated that
he purchased the lot for a contractor shop for his electrical contracting &directional drilling
business. He stated that his request is to rezone from PR to C-3 to allow a contractor
shop.
There was no public input.
Staff Member Moon detailed the staff report. She explained that the property was
annexed in 2000, and that it was an existing mobile home park and was given a PR
designation. She explained that the mobile homes have been removed, and the applicant
is seeking to rezone the property for a contractor shop. She noted that the property is on
the edge of the Dubuque city limits. She displayed a zoning map of the area and noted
that there is a mix of zoning districts, including C-3 across the street. She noted the site
is fairly flat, that there is a water main nearby, but that sanitary sewer is further away. She
said that the Development Review Team (DRT) would review all aspects of site
development, including the sanitary sewer requirements. She stated that this
development is not anticipated to have a significant impact on traffic and noted that the
C-3 zoning district allows 58 permitted uses. She stated that no public input had been
received.
Commissioner Russell asked to clarify the area to be rezoned, and Moon showed it on a
map, and clarified that it is only the lot that was previously utilized as a mobile home park.
Chairperson Mulligan expressed that there is a hodgepodge of zoning in the area.
Commissioner Lohrmann asked if the C-3 properties across the street was residence and
an empty lot. Staff Member Moon responded yes, and expressed that this is an area in
transition, that it's near the Dodge Street corridor and the industrial center, so there are
numerous zoning districts and uses in the area.
Chairperson Mulligan questions whether the neighbors complained, and Staff Member
Moon confirmed that public notices were sent to all properties within 200', including
county residents.
Minutes — Zoning Advisory Commission Minutes
May 1, 2024 Page 5
Motion by Zuccaro, seconded by Christ, to approve the rezoning as submitted. Motion
carried by the following vote: Aye — Christ, Lohrmann, Norton, Russell, Zuccaro, and
Mulligan; Nay— none.
ITEMS FROM PUBLIC: None.
ITEMS FROM COMMISSION: None.
ITEMS FROM STAFF: None.
ADJOURNMENT: Motion by Christ, seconded by Russell to adjourn the May 1, 2024
Commission meeting. Motion carried by the following vote: Aye — Christ, Lohrmann,
Norton, Russell, Zuccaro, and Mulligan; Nay — none.
The meeting adjourned at 6:39 p.m.
Respectfully submitted,
Shena Moon, Associate Planner Adopted